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Management measures for environmental protection acceptance of completed construction projects
Ministry of environmental protection of the people's Republic of China
Management measures for environmental protection acceptance of completed construction projects

Environmental protection bureaus (departments) of all provinces, autonomous regions and municipalities directly under the Central Government:

The administrative measures for environmental protection acceptance of completed construction projects, which was adopted at the 12th executive meeting of the State Environmental Protection Administration on December 11, 2001, is hereby promulgated and shall come into force on February 1, 2002.

Director of State Environmental Protection Administration Xie Zhenhua

December 27, 2001

CC: PLA Environmental Protection Bureau, Xinjiang production and Construction Corps Environmental Protection Bureau, all directly subordinate units, all dispatched agencies

enclosure:

Management measures for environmental protection acceptance of completed construction projects

Article 1 In order to strengthen the management of environmental protection acceptance after the completion of construction projects, supervise and implement the simultaneous operation or use of environmental protection facilities and the main project of the construction project, and implement other environmental protection measures that need to be taken These measures are formulated in accordance with the regulations on the administration of environmental protection of construction projects and other relevant laws and regulations for the prevention and control of environmental pollution and ecological damage.

Article 2 These measures are applicable to the environmental protection acceptance management of completed construction projects in which the competent administrative department of environmental protection is responsible for examining and approving environmental impact reports (forms) or environmental impact registration forms.

Article 3 Environmental protection acceptance of construction project completion refers to the activity of environmental protection administrative department in charge of environmental protection to assess whether the construction project meets the requirements of environmental protection by means of on-site inspection and on-site inspection in accordance with the provisions of these measures.

Article 4 The environmental protection acceptance scope of the completed construction project includes:

(1) various environmental protection facilities related to construction projects, including projects, equipment, devices and monitoring means built or equipped for the prevention and control of pollution and environmental protection, and various ecological protection facilities;

(2) other environmental protection measures to be taken as stipulated in the environmental impact report (form) or environmental impact registration form and relevant project design documents.

Article 5 The competent administrative department of environmental protection under the State Council shall be responsible for formulating the administrative norms for the acceptance of environmental protection upon completion of construction projects, guide and supervise the environmental protection acceptance of completed construction projects by the competent administrative departments of environmental protection of local people's governments, and shall be responsible for the environmental protection acceptance of completed construction projects in the environmental impact reports (forms) or environmental impact registration forms approved by them.

The environmental protection administrative department of the local people's government at or above the county level shall be responsible for the environmental protection acceptance of the completed construction project according to the approval authority of the environmental impact report (form) or environmental impact registration form.

Article 6 After the completion of the main project of a construction project, the supporting environmental protection facilities must be put into production or operation at the same time as the main project. If trial production is needed, the supporting environmental protection facilities must be put into trial operation at the same time as the main project.

Article 7 Before the trial production of a construction project, the construction unit shall submit an application for trial production to the competent administrative department of environmental protection with the power of examination and approval.

For the construction projects of non nuclear facilities approved by the environmental protection administrative department of the State Council for examination and approval of environmental impact reports (forms) or environmental impact registration forms, the competent administrative departments of environmental protection of the people's governments of provinces, autonomous regions and municipalities directly under the central government where the construction projects are located shall be responsible for accepting the application for trial production and submitting the examination decisions to the administrative department of environmental protection under the State Council for the record.

Before the trial operation of nuclear facility construction project, the construction unit shall submit the environmental impact report of the first loading stage to the competent administrative department of environmental protection under the State Council for approval, and the trial operation can be carried out after approval.

Article 8 The administrative department of environmental protection shall, within 30 days from the date of receiving the application for trial production, organize or entrust the administrative department of environmental protection at the next lower level to conduct on-site inspection on the implementation of environmental protection facilities and other environmental protection measures of the construction project applied for trial production, and make review decisions.

If the environmental protection facilities have been completed and other environmental protection measures have been implemented according to the requirements, the application for trial production shall be approved; if the environmental protection facilities or other environmental protection measures are not completed or implemented according to the regulations, the application shall not be approved and the reasons shall be explained. If no decision is made within the time limit, it shall be deemed as consent.

Only after the application for trial production is approved by the administrative department of environmental protection, can the construction unit carry out trial production.

Article 9 After the completion of a construction project, the construction unit shall apply to the competent administrative department of environmental protection with the power of examination and approval for the environmental protection acceptance of the completed construction project.

Article 10 For a construction project undergoing trial production, the construction unit shall, within three months from the date of trial production, apply to the competent administrative department of environmental protection with the power of examination and approval for the environmental protection acceptance of the completed construction project.

For a construction project that does not meet the requirements for environmental protection acceptance after three months of trial production, the construction unit shall, within three months of the trial production, submit an application for environmental protection extension acceptance of the construction project to the competent administrative department of environmental protection with the power of examination and approval, indicating the reason for the delayed acceptance and the time to be accepted. After approval, the construction unit can continue to carry out trial production. The period of trial production shall not exceed one year. The maximum period for trial production of nuclear facility construction projects shall not exceed two years.

Article 11 According to the national regulations on classified management of environmental protection of construction projects, classified management of environmental protection acceptance of completed construction projects is carried out.

When applying for environmental protection acceptance upon completion of a construction project, the construction unit shall submit the following acceptance materials to the competent administrative department of environmental protection with the power of examination and approval:

(1) the environmental protection report of the construction project shall be attached to the environmental protection report;

(2) for the construction projects for which the environmental impact report forms are compiled, the application form for environmental protection acceptance of the completed construction projects shall be attached, and the environmental protection acceptance monitoring form or questionnaire shall be attached;

(3) for the construction projects that fill in the environmental impact registration form, the environmental protection acceptance registration card for the completed construction projects.

Article 12 The construction unit shall submit the environmental protection acceptance monitoring report (table) for the construction project that mainly causes pollution and harm to the environment due to the discharge of pollutants.

For the construction projects that mainly affect the ecological environment, the construction unit shall submit the environmental protection acceptance investigation report (table).

Article 13 The environmental protection acceptance monitoring report (form) shall be prepared by the environmental monitoring station or environmental radioactivity monitoring station with corresponding qualification approved by the competent administrative department of environmental protection.

The environmental protection acceptance investigation report (form) shall be prepared by the environmental monitoring station or environmental radioactivity monitoring station with corresponding qualification approved by the competent administrative department of environmental protection, or the environmental impact assessment unit with corresponding qualification. The unit undertaking the environmental impact assessment of the construction project shall not undertake the compilation of the environmental protection acceptance investigation report (table) of the construction project at the same time.

The unit undertaking the acceptance monitoring or investigation of environmental protection shall be responsible for the conclusion of acceptance monitoring or acceptance investigation.

Article 14 The competent administrative department of environmental protection shall complete the acceptance within 30 days from the date of receiving the application for environmental protection acceptance upon completion of the construction project.

Article 15 The administrative department in charge of environmental protection shall be set up at the time of project acceptance.

The environmental protection committee shall review and inspect the environmental protection facilities on site.

The construction unit, design unit, construction unit, compilation unit of environmental impact report (form) and compilation unit of environmental protection acceptance monitoring (investigation) report (form) shall participate in the acceptance.

Article 16 The environmental protection acceptance conditions for the completed construction project are as follows:

(1) the environmental protection examination and approval procedures in the early stage of construction are complete, and the technical data and environmental protection archives are complete;

(2) the environmental protection facilities and other measures have been completed or implemented in accordance with the requirements of the approved environmental impact report (form) or environmental impact registration form and design documents, and the environmental protection facilities have passed the load test run, and their pollution prevention and control capacity can meet the needs of the main project;

(3) the installation quality of environmental protection facilities shall conform to the professional engineering acceptance specifications, procedures and inspection and evaluation standards issued by the state and relevant departments;

(4) having the conditions for the normal operation of environmental protection facilities, including: trained and qualified operators, sound post operation procedures and corresponding rules and regulations, implementation of raw material and power supply, and compliance with other requirements for delivery and use;

(5) the discharge of pollutants meets the requirements of the standards set forth in the environmental impact report (form) or the environmental impact registration form and design documents and the approved total amount control index of pollutant discharge; and;

(6) various ecological protection measures are implemented in accordance with the requirements of the environmental impact report (table), and restoration measures have been taken for the damaged and recoverable environment during the construction of the construction project;

(7) the environmental monitoring items, locations, institutional settings and staffing shall meet the requirements of the environmental impact report (table) and relevant regulations;

(8) the environmental impact report (table) proposes that it is necessary to carry out environmental impact verification on sensitive points of environmental protection, conduct index assessment on clean production, and conduct engineering environmental supervision on the implementation of environmental protection measures during the construction period, which have been completed according to the specified requirements;

(9) if the environmental impact report (table) requires the construction unit to take measures to reduce the discharge of pollutants from other facilities, or requires the local government or relevant departments of the place where the construction project is located to take "regional reduction" measures to meet the requirements of total emission control of pollutants, the corresponding measures shall be implemented.

Article 17 For construction projects that meet the acceptance conditions specified in Article 16, the competent administrative department of environmental protection shall approve the application report for environmental protection acceptance of completed construction projects, the application form for environmental protection acceptance of completed construction projects or the registration card for environmental protection acceptance of completed construction projects.

For the construction projects that have completed the environmental protection acceptance registration card, the environmental protection administrative department can directly sign the acceptance opinions on the environmental protection acceptance registration card and make approval decisions after verification.

Construction projects that have not been approved in the application report for environmental protection acceptance upon completion of construction projects, application forms for acceptance of environmental protection upon completion of construction projects or registration cards for acceptance of environmental protection upon completion of construction projects shall not be formally put into production or use.

Article 18 For construction projects constructed by stages or put into production or use by stages, the environmental protection acceptance shall be carried out by stages according to the procedures specified in these measures.

Article 19 The State implements the announcement system for environmental protection acceptance of completed construction projects. The competent administrative department of environmental protection shall regularly announce to the public the results of environmental protection acceptance of completed construction projects.

Article 20 The competent administrative department of environmental protection of the people's government at or above the county level shall, before the end of June and the end of December of each year, report the relevant materials of environmental protection acceptance of completed construction projects completed in the first half of the year to the administrative department of environmental protection at the next higher level for the record.

Article 21 If, in violation of the provisions of Article 6 of these measures, the environmental protection facilities supporting the trial production construction project are not put into trial operation simultaneously with the main project, the competent administrative department of environmental protection with the power of examination and approval shall, in accordance with the provisions of Article 26 of the regulations on the administration of environmental protection of construction projects, order it to make corrections within a time limit; if it fails to make corrections within the time limit, it shall be ordered to stop the trial production and may be fined not more than 50000 yuan

Article 22 In violation of the provisions of Article 10 of these measures, if a construction project has been put into trial production for more than three months, and the construction unit fails to apply for the environmental protection acceptance of the completed construction project or postpone the acceptance, the competent administrative department of environmental protection with the power of examination and approval shall, in accordance with the provisions of Article 27 of the regulations on the administration of environmental protection of construction projects, order it to go through the procedures for environmental protection acceptance within a time limit; if it fails to do so within the time limit, it shall be ordered to If the trial production is stopped, a fine of less than 50000 yuan may be imposed.

Article 23 If, in violation of the provisions of these measures, the supporting environmental protection facilities of a construction project have not been completed, the environmental protection acceptance has not been completed, or the environmental protection acceptance has not been qualified, and the main project has been formally put into production or use, the competent administrative department of environmental protection with the power of examination and approval shall, in accordance with the provisions of Article 28 of the regulations on the administration of environmental protection of construction projects, order the production or use of the main project A fine of less than 100000 yuan can be imposed.

Article 24 Any unit engaged in the acceptance monitoring or investigation of environmental protection upon completion of a construction project who practices fraud in the acceptance monitoring or acceptance investigation shall be punished in accordance with the relevant provisions of the administrative department of environmental protection under the State Council.

Article 25 If the administrative department does not violate the law, the administrative department will punish the construction personnel who violate the law in the environmental protection.

Article 26 The content and format of the environmental protection application report, application form, registration card, environmental protection acceptance monitoring report (form) and environmental protection acceptance investigation report (form) shall be uniformly prescribed by the administrative department of environmental protection under the State Council.

Article 27 These Measures shall come into force as of February 1, 2002. The No.14 order of the former State Environmental Protection Bureau, the regulations on the completion and acceptance of environmental protection facilities of construction projects, shall be repealed at the same time.

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  Basis《 Decision on Abolishing and amending some regulations and normative documents of environmental protection departments 》(Decree No. 16 of the Ministry of environmental protection), since December 22, 2010, the administrative measures for environmental protection acceptance of completed construction projects (promulgated by Decree No. 13 of the State Environmental Protection Administration on December 27, 2001) have been amended as follows:

Article 23 is amended to read: "in violation of the provisions of these measures, if the supporting environmental protection facilities of a construction project have not been completed, the environmental protection acceptance has not been completed, or the environmental protection acceptance has not been qualified, and the main project has been formally put into production or use, the competent administrative department of environmental protection shall, in accordance with Article 71 of the law of the people's Republic of China on the prevention and control of water pollution, and Article 47 of the law of the people's Republic of China on the prevention and control of air pollution, Article 69 of the law of the people's Republic of China on the prevention and control of environmental pollution by solid waste, or Article 28 of the regulations on the administration of environmental protection for construction projects. "

Key words: environmental protection acceptance of construction project completion

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