Administrative Regulations on Levy and Use of Pollutant Discharge Fee排污费征收使用管理条例英文版_dorelevy美国汉学家

Administrative Regulations on Levy and Use of Pollutant Discharge Fee排污费征收使用管理条例英文版由刀豆文库小编整理，希望给你工作、学习、生活带来方便，猜你可能喜欢“dorelevy美国汉学家”。

The State Council Decree of PRC

(No.369)

Xinhua News Agency, Beijing, Jan 16----According to the State Council Decree of PRC(No369), the《Administrative Regulations on Levy and Use of Pollutant Discharge Fee》, which was adopted at the 54th standing conference of the State Council, is promulgated hereunder and shall be effective as of July 1, 2003.Premier Zhu Rongji

Jan 2, 2003

Administrative Regulations on Levy and Use of Pollutant Discharge Fee

Xinhua News Agency, Beijing, Jan 16 Administrative Regulations on Levy and Use of Pollutant Discharge Fee

Chapter I General Provisions

Article 1 These regulations are formulated with a view of strengthening the management on levy and use of pollutant discharge fee.Article 2 The units or individual busine owners who directly discharge pollutants to the environment(hereinafter referred to as “Pollutant Dischargers”)shall pay pollutant discharge fee in accordance with these regulations.Pollutant Dischargers who pay wastewater treatment fee for their wastewater discharged to the urban wastewater central treatment utilities shall not pay pollutant discharge fee.Pollutant Dischargers who have built industrial solid waste storage or disposal facilities/sites in compliance with environmental protection standards or have upgraded their existing storage or disposal facilities /sites to meet environmental protection standards shall not pay pollutant discharge fee from the date when the construction or upgrading is completed.The state actively promotes the industrialization of urban sewerage and waste treatment.The measures on the collection of urban sewerage and waste central treatment fee shall be stipulated separately.Article 3 The local government authorities(at or above county level)in charge of environmental protection, finance and pricing shall, according to their respective roles, strengthen the guidance, management and supervision on levy and use of pollutant discharge fee.Article 4 Separate systems should be set up for levy and use of the pollutant discharge fee.The fee collected shall be turned over to the government financial department.The capital required for the implementation of environmental protection measures shall be listed in the budget of the environmental protection department and guarantted by environment authorities at corresponding levels.Article 5 Pollutant discharge fee shall be used specifically for pollution prevention and control.Any unit or individual shall not hold back, seize or use it for any other purposes.Any unit or individual is entitled to expose, lodge a claim or bring a suit against anyone who has any of the above conducts.Chapter II Appraisal of the Type and Quantity of the Discharged Pollutants

Article 6 Pollutant Dischargers shall, in accordance with the regulations of the administrative authority in charge of environmental protection under the State Council, report to the local environmental protection authority at or above county level the type and quantity of the discharged pollutants as well as related documents.Article 7 The local environmental protection authorities at or above county level shall check the type and quantity of the pollutants discharged by the Pollutant Dischargers within the power authorized by the administrative authority in charge of environmental protection under the State Council.The quantity of SO2 discharged by the power-generation enterprises with an installed capacity of over 300,000 KW shall be appraised by the environmental protection authorities of the provincial governments, autonomous regions or municipalities directly under the control of central government.The authority responsible for the appraisal shall give a written notice to the Pollutant Dischargers after the appraisal is finished.Article 8 In case Pollutant Dischargers disagree with the appraised type and quantity of discharged pollutants, they may, within 7 days after receipt of the notice, apply to the responsible authority who has given the notice for reappraisal.The authority shall decide on whether to reappraise or not within 10 days after receipt of the application.Article 9 The environment authorities responsible for the appraisal of pollutant discharge shall conduct the appraisal with the monitoring method specified by the administrative organ in charge of environmental protection under the State Council if monitoring conditions are available or with the material calculation method specified by the same organ if there are no monitoring conditions.Article 10 If Pollutant Dischargers use the automatic monitoring devices compulsively calibrated according to the state regulations, to monitor the pollutant discharge, the monitoring data shall be used as the basis for the appraisal of the type and quantity of discharged pollutants.The automatic monitoring devices installed by the Pollutant Dischargers shall be checked and calibrated regularly according to law.Chapter III Levy of Pollutant Discharge Fee

Article 11 The departments in charge of pricing, finance, environmental protection and economic and trade affairs under the State Council, shall formulate the national standard for levy of pollutant discharge fee based on the need of industrialization of pollution control, pollution prevention requirements, economic and technical conditions and affordability of the Pollutant Dischargers.The local governments at province, autonomous region or municipality level may formulate local levy standards for pollutant discharge fee if there are no related items in the national standard, and submit such standards to government departments in charge of pricing, finance, environmental protection and economic and trade affairs under the State Council for record.The revision of the levy standards for pollutant discharge fee shall be announced in advance.Article 12 The Pollutant Dischargers shall pay pollutant discharge fee in accordance with the following provisions:

(1)For the pollutants discharged to air or ocean, discharge fee shall be collected based on the type and quantity of pollutants according to the stipulations of the Air Pollution Prevention and Control Law and The Marine Environment Protection Law.(2)For the pollutants discharged to water, discharge fee shall be collected based on the type and quantity of the pollutants according to the stipulations of the Water Pollution Prevention and Control Law.If the pollutants discharged to water exceed the limit set by the national or local government, discharge fee shall be doubled.(3)According to the provisions in the Solid Waste Pollution Prevention and Control Law, for the Pollutant Dischargers who haven’t built any industrial solid waste storage or disposal facilities or whose facilities can’t meet the environmental protection standards, discharge fee shall be charged based on the type and quantity of the pollutants.For the Pollutant Dischargers who dispose hazardous waste with landfill procedures not in compliance with related state regulations, hazardous waste discharge fee shall be charged based on the type and quantity of the waste.(4)According to the provisions of the Ambient Noise Prevention and Control Law, if the ambient noise generated exceeds the national standard, fee shall be charged based on the sound level of the noise generated.A pollutant discharger’s payment of pollutant discharge fee shall not relieve them from the obligations of preventing and controlling pollution and compensating for damages caused by discharge as well as other obligations specified by the laws and regulations.Article 13 The environmental protection authority in charge of pollutant discharge appraisal shall determine and announce the amount of pollutant discharge fee according to the standard for levy of pollutant discharge fee and on the basis of the type and quantity of the pollutants discharged.Article 14 Upon determination of the amount of the pollutant discharge fee, the authority responsible for pollutant discharge appraisal shall iue a payment notification to the Pollutant Dischargers.3 Pollutant Dischargers shall, within 7 days after receipt of the notification, make payment in a designated bank and the bank shall turn over the fee to the national and local treasury respectively according to the proportion specified.Specific measures shall be formulated by the finance department jointly with environmental protection department under the State Council.Article 15 Pollutant Dischargers who suffer from great economic lo due to force majeure may apply for a 50% reduction on or exemption from the pollutant discharge fee.Pollutant Dischargers who didn’t take effective measures and therefore caused environmental pollution can not apply for reduction on or exemption from pollutant discharge fee.Specific measures for reduction on and exemption from pollutant discharge fee shall be formulated by the finance, pricing and environmental protection departments under the State Council.Article 16 Pollutant Dischargers who can’t pay the pollutant discharge fee in due time for special reasons may, within 7 days after receipt of the payment notification, apply to the responsible environmental protection authority for a delay payment.The authority shall make a decision in written form within 7 days upon receipt of the application, otherwise, it shall be deemed as having approved such application.The time limit for a delay payment shall not exceed 3 months.Article 17 The environmental protection authority responsible for handling applications shall, together with the finance and pricing authorities at the same level, make public a name list of the pollutant dischargers who have been approved for reduction on, exemption from or delay payment of the pollutant discharge fee, as well as the main reasons for such reduction, exemption or delay.Chapter IV Use of Pollutant Discharge Fee

Article 18 Pollutant discharge fee shall be included in the financial budget and managed as a special fund for environment protection.The fee shall be mainly used for financing as the subsidy or discount loan interest for following projects:(1)Prevention and control of major pollution sources(2)Prevention and control of regional pollution(3)Development, demonstration and application of new procees and technologies in pollution prevention and control(4)Other pollution prevention and control projects specified by the State Council After collecting the comments from other departments, the finance department and the environmental protection department under the State Council shall formulate specific regulations on use of the pollutant discharge fee.Article 19 The environmental protection departments and finance departments of local governments at or above county level shall strengthen the management and supervision on the use of the special environmental protection fund.Any unit or individual using the special fund in accordance with the stipulations in article 18 must make use only for the approved purposes.The local environmental protection departments and finance departments at or above county level shall report to the local governments at same level as well as finance departments and environmental protection departments at a higher level about the use and management of the special environmental protection fund within their administrative regions.Article 20 The audit agency shall strengthen the audit and supervision on the use and management of the special environmental protection fund.Chapter V Penalty Clauses

Article 21 In case the Pollutant Dischargers don’t pay the pollutant discharge fee as stipulated, the local environmental protection authorities at or above county level shall order them to make payment within a time limit.If the Pollutant Dischargers fail to make payment within the time limit, a penalty over once but le than 3 times of the amount of discharge fee payable shall be imposed and, upon the approval of the local governments with authority, it shall be ordered to stop production and operation for rectification.Article 22 For the pollutant dischargers subject to reduction on, exemption from or delay payment of the pollutant discharge fee in a cheating way, the local environmental protection authorities at or above county level shall order them to pay the discharge fee payable within a time limit and impose a penalty over once but le than 3 times of the amount reduced, exempted or delayed.Article 23 If the users use the special environmental protection fund for unapproved purposes, the local environmental protection or finance departments at or above county level shall order them to make correction within a time limit.In case no correction is made within the time limit, the users shall not be allowed to apply for the use of the special environmental protection fund in the next 10 years and shall be imposed a penalty over once but le than 3 times of the amount used for unapproved purpose.Article 24 In case the local environmental protection authorities at or above county level don’t levy pollutant discharge fee duly payable or levy le, the environmental protection authority at a higher level shall have the right to order them to make correction within a time limit or directly order the Pollutant Dischargers to pay the evaded discharge fee.Article 25 In case the staff of the local environmental protection, finance or pricing authorities at or above county level have any of the following actions, criminal responsibilities shall be investigated in accordance with the stipulations regarding abuse of power, neglect of duty and misappropriation in the Criminal Law.If the actions don't constitute a crime, administrative punishment shall be imposed.(1)Approve the application for reduction on, exemption from or delay payment of the pollutant discharge fee in violation of these regulations in.(2)Hold back, occupy or misappropriate the special environmental protection fund.5(3)Fail to perform supervision and management or do not investigate and punish unlawful practices in accordance with these regulations causing serious results.Chapter VI Supplementary Provisions

Article 26 These regulations shall come into effect as of July 1, 2003 and shall then supersede the《Provisional Measures on Levy of Pollutant Discharge Fee》 promulgated on February 5, 1982 and the 《Provisional Measures on the Non-gratuitous Use of the Special Fund for Control of Environmental Pollution Sources》promulgated on July 28, 1988 by the State Council.