(Promulgated by the Decree of the Shenzhen Municipal People's Government (No. 87) on September 8, 1999 and revised by the Decree of the Shenzhen Municipal People's Government (No. 331) on June 15, 2020)
Chapter One General Provisions
Article 1 for the purpose of strengthening environmental supervision and administration, prevent and control environmental pollution, and improve environmental quality, these Measures are hereby formulated in accordance with the Regulations of Shenzhen Special Economic Zone on Environmental Protection.
Article 2 Any production and operation that emitting pollutants which affect the environmental quality shall comply with these Measures.
Article 3 The competent department of Shenzhen Municipal People's Government for ecology and environment (hereinafter referred to as "the municipal competent ecology and environment department") shall be responsible for the implementation of these Measures, and the competent municipal ecology and environment department and its branches (hereinafter referred to as "the competent ecology and environment department(s)") shall be responsible for the administration of pollutant emission permit in accordance with these Measures.
Relevant departments of the municipal and district people's governments shall provide assistance according to their duties.
Article 4 The administration on pollutant emission permits shall conform to the principle of controlling both the concentration and the total volume of pollutants to strictly control the sources of serious pollution.
Chapter Two Application
Article 5 The municipal competent ecology and environment department may develop and issue Shenzhen's list of entities subject to classified administration of pollutant emission permits for fixed pollution sources according to the national list of entities subject to classified administration of pollutant emission permits for fixed pollution sources, and in light of Shenzhen's actual conditions.
The enterprises, public institutions and other producers and businesses (hereinafter referred to as the "pollutant emitting entities") on the list shall apply for and obtain pollutant emission permits according to the prescribed application time limit; and those not on the list are not required to do so for the time being.
Article 6 A pollutant emitting entity shall file information via the information platform for the administration of pollutant emission permits according to the technical specifications of application and issuance of pollutant emission permits, and submit application through the platform to the competent ecology and environment department with authority of issuance of the pollutant emission permit.
Article 7 The competent ecology and environment department shall issue pollutant emission permits based on hierarchy within their authority. The municipal competent ecology and environment department shall determine and issue the catalog of specific hierarchical issuance authority.
The branches of the municipal competent ecology and environment department shall issue pollutant emission permits in their own name.
Chapter Three Review and Issuance
Article 8 The pollutant discharging entities in the following areas and industries shall be subject to the control over the total volume of pollutants:
(1) Drinking water source protection zones, nature reserves, and other special areas for environmental protection;
(2) Printing and dyeing, electroplating, leather, circuit board and other industries that cause serious environmental pollution;
(3) Pollution sources under priority administration over environmental protection;
(4) Water pollution sources emitting COD, petroleum, mercury, cadmium, chromium, arsenic, lead, cyanide, etc.
(5) Other pollution sources subject to the States total emission control system for pollutants .
Concentration control shall apply to pollution sources that are not subject to control over the total volume of pollutants.
Article 9 After receiving the application for a pollutant emission permit, the competent ecology and environment department shall review the following matters:
(1) The location and number of outlets, the manners and destination, among others, of pollutant emission, and the locations and number of fugitive sources of air pollutants;
(2) The types, permitted pollutant concentrations, and permitted volumn of pollutants emitted from outlets and fugitive sources;
(3) Environmental management requirements which shall be complied with after the pollutant emission permit is obtained.
Other information shall be filed by the pollutant emitting entity according to law. The pollutant emitting entity shall be responsible for the authenticity and legality of the information provided, and the competent ecology and environment department shall no longer review such information.
Article 10 Upon receipt of the application for a pollutant emission permit, the competent ecology and environment department shall give a reply within 30 days. If an extension is necessary under special circumstances, it may be extended appropriately, to the maximum extent of 30 days.
Article 11 The competent ecology and environment department shall issue a pollutant emission permit to the pollutant emitting entity that meets the following conditions:
(1) The opinions of approval or filing for the documents for the environmental impact assessment on construction projects, or the supporting documents relating to the disposition, rectification or regulation conducted by the local people's government according to the relevant provisions to the extent that meet the requirements are obtained;
(2) Facilities or measures for pollution prevention and control could meet the permitted discharge concentration requirements are adopted;
(3) The concentration and volume of pollutants discharged is complied with the provisions of the technical specifications;
(4) The self-monitoring plan is complied with relevant technical specifications;
(5) If, for a construction, reconstruction or expansion project of a pollutant emitting entity, upon the implementation of these Measures, the total control quota of the key pollutants is obtained through substitution or reduction by maintaining or cutting the volume of pollutants discharged, and the pollutant emitting entity assigning the total control quota of the key pollutants has already registered the change in the pollutant emission permit.
Article 12 If an applying entity has different opinions on the approved concentration (intensity) control quota, total volume of permitted pollutants, location of pollutant emission outlets, manners of pollutant emission, destination of pollutant emssion, time of pollutant emission, etc., such entity may appeal in writing to the competent ecology and environment department which has made the assessment and decision in this case, and the competent ecology and environment department shall give a reply within 15 days upon receiving the appeal.
Article 13 If the competent ecology and environment department has decided not to issue a pollutant emission permit, a written reply with reasoning shall be provided; if the applying entity has a complaint about the decision not to issue a permit, the entity may, according to law, apply for an administrative review or bring an administrative suit.
Article 14 A pollutant emission permit shall be made in both the original and duplicate. The following basic information shall be included in the original of a pollutant emission permit:
(1) Name, registered address, legal representative or principal person in charge, person in charge of technology, address of the production and operation premises, category of industry, unified social credit code, and other basic information of the pollutant emitting entity;
(2) The validity period, issuing authority, issuing date, serial number, QR code, and other basic information of the pollutant emission permit.
The following information shall be included in the duplicate of a pollutant discharge permit:
(1) Name, address of the production and operation premises, and unified social credit code of the pollutant emitting entity;
(2) The locations and number of outlets, the manners and destination of pollutant emission, and the locations and number of fugitive sources of air pollutants;
(3) The types of pollutants emitted from outlets and fugitive sources, permitted concentrations of pollutants emitted, and permitted volumn of pollutants emitted;
(4) Environmental management requirements which shall be complied with after the pollutant emission permit is obtained;
(5) Records of change.
Other information shall be filed by the pollutant emitting entities, and shall no longer be included in the original or duplicate of a pollutant emission permit.
Article 15 The validity period of a pollutant emission permit issued for the first time shall be three years, and the validity period of a renewed pollutant emission permit shall be five years.
Article 16 30 working days before a pollutant emission permit expires, the permit holder shall apply to the competent ecology and environment department issuing the permit for renewal.
Chapter Four Supervision and Administration
Article 17 The pollutant emitting entities shall abide by the following provisions:
(1) Regulating the pollutant emission outlet according to the requirements of competent ecology and environment departments, and set a sign;
(2) The concentration (intensity) and total volumn of pollutant shall not exceed the control quota set out in the pollutant emission permit;
(3) The category, manner, destination and time of pollutant emission shall be in accordance with the requirements in the pollutant emission permit;
(4) Monitoring and measuring shall be conducted in accordance with the rules, and the pollutant emission shall be reported to the competent ecology and environment department.
Article 18 If any main items set in a pollutant emission permit have changed, the permit holder shall apply to the competent ecology and environment department for revision.
Article 19 The original of a pollutant emission permit shall be posted in the primary office premises or in the primary premises of production and operation.
Article 20 The pollutant emission permit shall not be forged, altered, rented, lent, transferred, or sold.
Article 21 The competent ecology and environment department shall strengthen on-site inspection of permit holder and the monitoring of pollutant emission. The entities under inspection shall report information truthfully and provide the related documents.
The on-site inspection shall be conducted by two or more persons, who shall produce the certificate for administrative law enforcement issued by the municipal government and keep confidential the secrets of technology and business inspected.
Chapter Five Legal Liability
Article 22 If pollutants have been emitted without a pollutant emission permit, the competent ecology and environment department shall order the pollutant emission entities to stop immediately, and impose a fine of no less than 100,000 yuan but no more than 1 million on the entities; if the circumstance is severe, the competent ecology and environment department shall report it to the local people's government to order the emitted entities to stop the production or operation.
Article 23 If an entity with a pollutant emission permit has violated Item (1) and (4) of Article 17 of these Measures, the competent ecology and environment department shall order such entity to rectify within a time limit, and also impose a fine of no less than 50,000 yuan but no more than 100,000 yuan on the entity.
Article 24 If an entity with a pollutant emission permit has violated Item (2) and (3) of Article 17 of these Measures, the competent ecology and environment department shall order such entity to rectify within a time limit, and also impose a fine of no less than 100,000 yuan but no more than 1 million yuan on the entity; if the circumstance is severe, the pollutant emission permit shall be revoked.
Article 25 If a holder of a pollutant emission permit has violated Article 19 of these Measures, the competent ecology and environment department shall order such holder to rectify within a time limit and also impose a fine of no less than 1,000 yuan but no more than 5,000 yuan on the holder.
Article 26 If a holder of a pollutant emission permit has violated Article 20 of these Measures, the competent ecology and environment department issuing the permit shall impose a fine of no less than 5,000 yuan but no more than 20,000 yuan on the holder; if the circumstance is severe, a fine of no less than 20,000 yuan but less than 50,000 yuan shall be imposed to the holder.
Article 27 Before making a decision on administrative punishment, the competent ecology and environment department shall, in compliance with Administrative Punishment Law of the People's Republic of China and the related regulations, follow the notification and defense procedures; if a hearing should be held, the party concerned shall be informed of having the right to ask for a hearing of evidence.
Article 28 If any staff member of supervision and management of environmental protection abuses power, neglects duties, practices favoritism and engages in irregularities, the authority which the staff member works for or the responsible authority at the higher level shall impose an administrative penalty on such staff member; if there is a criminal offense, the staff member shall be investigated for criminal responsibility.
Chapter Six Supplementary Provisions
Article 29 These Measures shall come into force as of the date of promulgation.
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