state department: environmental class of these charges may not be required to the business! but also bear these costs, responsibilities, risks -尊龙凯时官方下载

1, "these charges" and business bye!

recently, the state council promulgated the "decision on amending the regulations on the administration of environmental protection in construction projects", and amended the "regulations on environmental protection of construction projects". effective october 1, 2017.

the decision made three major changes to the existing regulations:

one of the requirements, reduce the burden on enterprises to further optimize services. clear examination and approval, filing of environmental impact assessment documents and related technical assessment, are not allowed to charge any fees to the enterprise, and require the environmental protection department to promote electronic government, information technology, environmental impact assessment documents online approval, filing and information disclosure.

state council order of the people's republic of china (no. 682)

order of the state council of the people 's republic of china

no. 682

the decision of the state council on amending the regulations on the administration of environmental protection in construction projects was approved at the 177th executive meeting of the state council on june 21, 2017 and is hereby promulgated and will enter into force on october 1, 2017.

premier li keqiang

july 16, 2017

article 9 construction projects of environmental impact reports and environmental impact statement forms shall be prepared according to law, and the construction unit shall examine and approve the environmental protection administrative department for examination and approval of environmental impact reports and environmental impact reports before commencement of construction. the construction projects if the environmental impact assessment document has not been examined and approved by the examination and approval department or not examined and approved according to law, the construction unit may not start the construction.

the environmental protection administrative department examines and approves the environmental impact report and the environmental impact statement and shall focus on examining the environmental feasibility of the construction project, the reliability of the environmental impact assessment and prediction assessment, the effectiveness of the environmental protection measures and the scientificity of the environmental impact assessment conclusion , and within 30 days from the date of receiving the environmental impact report and within 30 days from the date of receipt of the environmental impact statement, make a decision of approval and notify the construction unit in writing.

the administrative department of environmental protection may organize technical agencies to carry out technical assessment on the environmental impact statement and environmental impact statement of construction projects and bear the corresponding costs; the technical agencies shall be responsible for the technical evaluation opinions they propose and shall not engage in any environmental impacts the evaluation unit charged any fees.

the construction entity shall fill in the environmental impact registration form according to law and the construction unit shall, in accordance with the provisions of the competent department of environmental protection administration under the state council, submit the environmental impact registration form to the county-level environmental protection administrative department where the project is located for the record.

the administrative department of environmental protection shall conduct online examination and approval of environmental impact appraisal documents, filing and disclosure of information.

article 12 after the construction project environmental impact report and the environmental impact statement are approved, the construction unit shall make a significant change in the nature, scale, location, production technology adopted or the measures taken to prevent pollution and prevent ecological damage. approval of construction project environmental impact report, environmental impact report form.

construction project environmental impact report and environmental impact report form shall be valid for 5 years from the date of approval. when construction projects start construction, the environmental impact report and environmental impact report form shall be submitted to the original examination and approval department for re-examination. the original examination and approval department shall, within 10 days from the date of receiving the environmental impact statement and the environmental impact statement of the construction project, notify the construction unit in writing of the examination opinions. if it fails to notify the construction unit within the prescribed time limit, it shall be deemed as the examination and approval agreement.

review, approve the construction project environmental impact report, environmental impact report form and record the environmental impact registration form, shall not charge any fees.

the decision mainly made the following provisions:

first, delete the eia unit qualification management requirements;

second, the environmental impact of the registration form from the examination and approval system for the record system;

thirdly, the approval time of environmental impact report and report form should be adjusted from the feasibility study stage to "serial connection and parallel connection" before the start of construction. the specific approval time should be flexibly grasped by construction units according to their own situations;

fourth, the pre-examination and approval of environmental impact assessments such as pre-approval of industry authorities and pre-trial of soil and water conservation programs should be abolished.

fifth, the environmental impact assessment and business registration decoupling, the implementation of "license separation" requirements;

sixth is to cancel the construction project trial production approval, delete the provisions of the ordinance on trial production;

seventh, the department of environmental protection shall cancel the examination and approval of the completion and acceptance of environmental protection facilities of construction projects, and change the construction units to autonomous acceptance in accordance with the regulations.

compared with the old version of "regulations", the new "regulations" mainly made major changes in the following aspects:

first, delete the "eia unit qualification" clause, canceled the qualification certificate review system requirements;

the second is to cancel the completion of the environmental acceptance of the administrative license, the completion of the main acceptance by the environmental protection department for the construction unit;

thirdly, it added the terms of "no approval" and defined the examination and approval requirements for eia;

fourth, clarify the legal status of environmental impact assessment;

fifth, cancel the "trial production requirements";

sixth, we have further stepped up the illegal punishment and accountability.

2, companies have to bear these costs and responsibilities

1) enterprises have to bear these costs

article 17 of the "regulations for the administration of environmental protection of construction projects" shall be revised as "after the construction of the environmental impact report and environmental impact statement is completed, the construction unit shall, in accordance with the standards and procedures prescribed by the competent department of environmental protection administration under the state council, of the environmental protection facilities for acceptance, preparation of acceptance report ", so october 1 will cancel the" construction project completion and acceptance of environmental protection, "the administrative examination and approval matters, the completion of the acceptance of environmental protection facilities from the environmental protection department to the construction unit, the construction unit to be self-acceptance .

article 17 upon completion of the construction project for preparing the environmental impact statement and environmental impact statement, the construction unit shall, in accordance with the standards and procedures prescribed by the competent department of environmental protection administration under the state council, conduct inspection and acceptance of the environmental protection facilities and compile the inspection and acceptance reports.

during the process of acceptance of environmental protection facilities, the construction unit shall truthfully examine, monitor and record the construction and commissioning of the environmental protection facilities of the construction projects, and shall not resort to fraud or fraud.

in addition to the confidentiality required in accordance with state regulations, the construction unit shall publicly report to the public according to law.

summarize: the environmental acceptance fee structure: construction cost of environmental protection facilities, operation and maintenance management fee, acceptance inspection and acceptance report preparation fee, inspection and acceptance expert fee (after all, experts spend time, energy and technical guidance items)

at the same time, the ministry of environmental protection: notice on regulating environmental monitoring and evaluation charges circular no. [2016] 1493 also stipulates:

first, on the supervision and law enforcement monitoring and corporate self-monitoring

self-monitoring is the legal responsibility of enterprises. the environmental protection law stipulates that key pollutant discharging units shall install and use monitoring equipment in accordance with relevant state regulations and monitoring norms to ensure the normal operation of monitoring equipment and truthfully disclose to the public the names, discharge modes, concentrations and total quantities of their major pollutants, exceeded emissions. the measures for self-monitoring and information disclosure by key state-controlled enterprises (provisional) it is clearly stipulated that an enterprise may entrust its own personnel, place or equipment to carry out self-monitoring or entrust other inspection agencies to carry out self-monitoring on its behalf. enterprise automatic monitoring equipment acquisition, installation, operation and maintenance and other monitoring services generated by the costs should be borne by the enterprise.

second, on the environmental impact assessment and acceptance monitoring

in february 2015, the ndrc issued the notice on further opening the price of professional services for construction projects (gf [2015] no. 299), clarifying the implementation of the market regulation price for environmental impact consulting fees, the environmental impact statement ) the preparation and monitoring of the status quo contained therein shall be decided by the construction unit and the environmental impact assessment agency.

third, on cleaner production audit monitoring and evaluation

according to the relevant provisions of and , the types of enterprise cleaner production audits include voluntary audits and mandatory audits, and encourage enterprises to carry out audits on their own, while those with insufficient capacity may entrust third-party audits . related costs incurred in the audit process, including monitoring costs by the enterprise and third-party agencies bargaining is a market behavior.

fourth, on the sewage permit approval and other monitoring and evaluation

the monitoring and evaluation involved in the examination, approval and exchange of permits for pollutants discharge belong to the supervisory function of the government departments and should be included in the financial budget for the guarantee. they are carried out according to laws and regulations (including those commissioned by other units ), the relevant costs should be borne by the enterprises themselves.

2) enterprises should bear these responsibilities and risks

article 21 any construction unit that commits one of the following acts shall be punished according to the provisions of the "law of the people's republic of china on environmental impact assessment":

(i) environmental impact report of construction project, the environmental impact report form fails to be submitted for approval or submitted for re-examination and construction without authorization;

(2) construction project environmental impact report, environmental impact statement without authorization or re-examination and approval, unauthorized construction started;

(iii) registration form for environmental impact of construction projects is not filed according to law.

article 22 in violation of the provisions of these regulations, the construction unit shall not formulate the preliminary design of the construction project for failing to implement the measures for preventing and controlling environmental pollution and ecological damage as well as the investment budget for environmental protection facilities, failing to include the construction of environmental protection facilities in the construction contract, or failing to carry out the environmental impact after the evaluation, the environmental protection administrative department at or above the county level where the construction project is located shall be ordered to correct within a prescribed time limit, and a fine of not less than 50,000 yuan but not more than 200,000 yuan shall be imposed; if not corrected within the prescribed time limit, a fine of not less than 200,000 yuan and not more than 1,000,000 yuan shall be imposed.

in violation of the provisions of these regulations, if the construction unit fails to organize the implementation of the environmental impact report, environmental impact statement, and environmental protection measures proposed in the examination and approval decision of the approving department at the same time during the construction of the project, the environmental protection administrative department the competent department shall order a correction within a prescribed time limit and a fine of not less than 200,000 yuan and not more than 1,000,000 yuan; if it fails to correct within the prescribed time limit, it shall be ordered to stop construction.

article 23 anyone who, in violation of the provisions of these regulations, has not completed the construction of an environmental protection facility that is required to be constructed, has not been accepted or fails to pass the inspection, has been put into production or used in a construction project, or has taken any falsification in the acceptance of an environmental protection facility, the administrative department in charge of environmental protection shall order a correction within a time limit and impose a fine of not less than 200,000 yuan but not more than 1,000,000 yuan; if it fails to make a correction within the prescribed time limit, it shall be fined not less than 1,000,000 yuan but not more than 2,000,000 yuan; for the directly responsible supervisors and other responsible persons a fine not less than 50,000 yuan but not more than 200,000 yuan shall be imposed; and if any major environmental pollution or ecological damage is caused, a fine of not more than 50,000 yuan shall be imposed on the people's government of the people's government of which the power of attorney is approved or ordered to be shut down.

where a construction unit fails to disclose to the public an acceptance report on environmental protection facilities in violation of the provisions of these regulations, the administrative department of environmental protection above the county level shall order it to openly make a fine of not less than 50,000 yuan but not more than 200,000 yuan, and making a public announcement.

article 24 where a technical institution, in violation of the provisions of these regulations, collects fees from a construction unit or an entity engaged in environmental impact assessment, the department in charge of environmental protection at or above the county level shall order the refund of the fees collected, and the fees and charges of the premises shall be one to three times the following fine.

article 25 units engaged in the environmental impact assessment of construction projects who falsify their environmental impact assessment work shall be fined not less than one time but not more than three times the fares of the environmental protection administrative department at or above the county level.

article 26 where a staff member of an administrative department for environmental protection practices selfish favoritism, abuses his power or neglects his duties, he constitutes a crime, he shall be prosecuted for criminal responsibility according to law; and if he still does not constitute a crime, he shall be given an administrative sanction.

environmental protection department reminded: although the environmental protection department will no longer accept the inspection, but does not mean that no acceptance. regulations clear: governance facilities have not been completed, not acceptance, acceptance failed, put into production use, fine 20-100 million; refused to correct, heavy penalties 1-2 million.