Regulations on the Administration of Construction Project Environmental Protection

 2018-05-18  52


Regulations on the Administration of Construction Project Environmental Protection


· Area of Law: Environmental Protection

· Level of Authority: Administrative Regulations

· Date issued:07-16-2017

· Effective Date:10-01-2017

· Status: Effective

· Issuing Authority: State Council

 

Regulations on the Administration of Construction Project Environmental Protection
(Issued via Order No. 253 of the State Council of the People's Republic of China on November 29, 1998; Revised in accordance with the Decision of the State Council on Amending the Regulation on the Administration of Construction Project Environmental Protection on July 16, 2017.)
Chapter I General Provisions
Article 1These Regulations are formulated with a view to preventing construction projects from generating new pollution and damaging the ecological environment.
Article 2These Regulations shall be applicable to building of construction projects having impacts on the environment within the territory of the People's Republic of China and other territorial sea areas under the jurisdiction of the People's Republic of China.
Article 3State standards and local standards for the discharge of pollutants must be complied with in building construction projects that generate pollution; requirements for aggregate control of discharge of major pollutants must be met in areas under aggregate control of discharge of major pollutants.
Article 4Industrial construction projects should adopt clean production techniques with low energy consumption, low materials consumption and low pollutants generation, rationally exploit natural resources to prevent environmental pollution and ecological damage.
Article 5Measures must be taken in reconstruction, expansion projects and technological transformation projects to treat original environmental pollution and ecological damage related to the said projects.
Chapter II Environmental Impact Evaluation
Article 6The state practices the construction project environmental impact evaluation system.
Article 7The state practices classified control over construction project environmental protection in accordance with the extent of environmental impact of construction projects in pursuance of the following provisions:
(1)a report on environmental impact should be compiled for a construction project that may cause major impact on the environment, giving comprehensive and detailed evaluation of the pollution generated and environmental impact caused by the construction project;
(2)a statement on environmental impact should be compiled for a construction project that may cause light impact on the environment, giving analysis or special-purpose evaluation of the pollution generated and environmental impact caused by the construction project; and
(3)a registration form should be filled out and submitted for a construction project that has slight impact on the environment and necessitates no environmental impact evaluation.
The catalogue for the categorized management of environmental impact assessment of construction projects shall be developed and published by the environmental protection administrative department of the State Council on the basis of organizing experts to conduct demonstration and soliciting opinions of the relevant departments, industry associations, enterprises and public institutions and the public.
Article 8The report on construction project environmental impact should contain the following contents:
(1)an overview of the construction project;
(2)current state of environment surrounding the construction project;
(3)analysis and predictions of impacts which may be caused by the construction project on the environment;
(4)measures for environmental protection and their financial and technical authentication;
(5)environmental impact economic loss-benefit analysis;
(6)proposals for environment monitoring of the construction project; and
(7)conclusions of the environmental impact evaluation.
Contents and formats of the construction project environmental impact statement and environmental impact registration form shall be prescribed by the competent department of environmental protection under the State Council.
Article 9 As to a construction project, for which the environmental impact report or the environmental impact statement is required to be prepared in accordance with the law, the project owner shall, before the commencement of construction, submit the environmental impact report or the environmental impact statement to the environmental protection administrative department with the approval authority for approval. If the environmental impact assessment documents of the construction project have not been examined or approved upon examination by the approval authority in accordance with the law, the project owner shall not commence the construction.
When examining the environmental impact report or the environmental impact statement, the environmental protection administrative department shall focus on the examination of environmental feasibility of the construction project, the reliability of environmental impact analysis, forecast and assessment, the effectiveness of environmental protection measures and the scientificity of environmental impact assessment conclusions, and make the approval decision and notify the project owner of the decision in writing within 60 days of receipt of the environmental impact report or within 30 days of receipt of the environmental impact statement respectively.
The environmental protection administrative department may organize the relevant technical institution to conduct technical assessment of the construction project environmental impact report or the construction project environmental impact statement, and assume the relevant expenses. The technical institution shall be responsible for the technical assessment opinion offered by it, and shall not collect any fee from the project owner and the entity conducting environmental impact assessment.
As to a construction project, for which the environmental impact registration form shall be completed and reported in accordance with the law, the project owner shall, according to the provisions of the environmental protection administrative department of the State Council, submit the environmental impact registration form to the environmental protection administrative department at the county level at the place where the construction project is located for recordation.
The environmental protection administrative department shall conduct the online approval and recordation of the environmental impact assessment documents and disclose the relevant information online.
Article 10 The competent department of environmental protection administration under the State Council shall be responsible for the examination and approval of the following construction project environmental impact reports, environmental impact statements:
(1)special-nature construction projects such as nuclear facilities and top-secret projects;
(2)construction projects transcending the administrative areas of the provinces, autonomous regions and municipalities directly under the Central Government; and
(3)construction projects subject to the examination and approval of the State Council or the examination and approval of the departments concerned authorized by the State Council.
Limits of authority of examination and approval of the construction project environmental impact reports, environmental impact statements or environmental impact registration forms beside those provided for in the preceding paragraph shall be prescribed by people's governments of the provinces, autonomous regions and municipalities directly under the Central Government.
Where a construction project causes trans-administrative area environmental impact and a dispute arises between the competent departments concerned of environmental protection administration over the conclusions of environmental impact evaluation, the environmental impact report or environmental impact statement shall be submitted to the joint competent department of environmental protection administration at the next higher level for examination and approval.
Article 11 Where a construction project falls under any of the following circumstances, the environmental protection administrative department shall make a decision to disapprove the environmental impact report or the environmental impact statement:
(1) The type, site selection, layout, or scale, among others, of the construction project fails to conform to any law or regulation on environmental protection or any relevant statutory plan.
(2) The environmental quality in the region where the construction project is located fails to reach the national or local standard for environmental quality, and the measures to be taken for the construction project fail to meet the management requirements for improving the regional environmental quality.
(3) The pollution prevention measure taken for the construction project cannot guarantee that pollutant emission reaches the national and local emission standard, or no necessary measures have been taken to prevent and control ecological damage.
(4) In the case of reconstruction, expansion or technological transformation of a project, no effective prevention measure has been put forward with respect to the existing environmental pollution and ecological damage of the project.
(5) The environmental impact report or the environmental impact statement of the construction project has evident misrepresentation of the basic data and significant defects and omissions in content, or the environmental impact assessment conclusion is unspecific and unreasonable.
Article 12 After the environmental impact report or the environmental impact statement of the construction project is approved, if there is any significant change in the project nature, scale and location, production technology adopted, or the measures taken to prevent pollution and ecological damage, the project owner shall submit the environmental impact report or the environmental impact statement of the construction project once again for approval.
Where the construction project commences five or more years after the date of approval of the environmental impact report or the environmental impact statement of the project, the said environmental impact report and environmental impact statement shall be submitted to the original approval authority for reexamination. The original approval authority shall notify in writing the project owner of its examination opinion within ten days of receipt of the environmental impact report or the environmental impact statement of the construction project. If the authority fails to do so within the prescribed time limit, it may be deemed that the aforesaid report and statement have been approved upon examination.
No fee shall be charged for the examination and approval of the environmental impact report and the environmental impact statement of the construction project as well as the recordation of the environmental impact registration form.
Article 13 Construction units may adopt the form of open tender to select the units engaging in the work of environmental impact evaluation for environmental impact evaluation of the construction projects.
No administrative organ shall appoint units engaging in the work of environmental impact evaluation for construction units for environmental impact evaluation.
Article 14 Construction units should, in compiling the environmental impact reports, solicit the views of the units and residents concerned of the locality wherein the construction project is located pursuant to relevant provisions of law.
Chapter III Construction of Environmental Protection Facilities
Article 15 Simultaneous design, simultaneous construction and simultaneous going into operation with the main body project must be realized for matching environmental protection facilities construction which is required for the construction project.
Article 16 The preliminary design of a construction project shall, according to the requirements of environmental protection design standards, contain a chapter on environmental protection, and implement the measures for the prevention and treatment of environmental pollution and ecological damage as well as budgetary estimate for investment in environmental protection facilities.
The project owner shall include the construction of environmental protection facilities in the construction contract, guarantee the construction process of and funds for environmental protection facilities, and, in the course of project construction, organize the implementation of environmental protection countermeasures mentioned in the environmental impact report or the environmental impact statement and in the approval decision made by the approval authority at the same time.
Article 17 The project owner shall, after the completion of the construction project for which the environmental impact report or environmental impact statement is prepared, according to standards and procedures prescribed by the environmental protection administrative department of the State Council, conduct acceptance check of the constructed supporting environmental protection facilities and prepare the acceptance check report.
The project owner shall, in the course of acceptance check of environmental protection facilities, faithfully examine, monitor and record the construction and debugging of environmental protection facilities of the construction project, and shall not commit fraud.
Except for those that shall be kept confidential in accordance with the provisions of the state, the project owner shall release to the public the acceptance check report in accordance with the law.
Article 18For construction projects that are built in phases, go into production or are delivered for use in phases, acceptance checks for their corresponding environmental protection facilities should be conducted in phases.
Article 19The construction project for which the environmental impact report or environmental impact statement is prepared may not be put into production or use until the constructed supporting environmental protection facilities have passed the acceptance check. The facilities that have not undergone or fail to pass the acceptance check shall not be put into production or use.
After the construction project prescribed in the preceding paragraph is put into production or use, the environmental impact post-assessment shall be conducted according to the provisions of the environmental protection administrative department of the State Council.
Article 20 The environmental protection administrative department shall supervise and inspect the design, construction, acceptance check, and operation or use of environmental protection facilities of a construction project, as well as the implementation of other environmental protection measures determined in relevant environmental impact assessment documents.
The environmental protection administrative department shall record the information on violations of environmental laws involving the construction project in social integrity archives, and release to the public the list of violators in a timely manner.
Chapter IV Legal Liability
Article 21 Where a project owner commits any of the following conduct, it shall be punished in accordance with the provisions of the Law of the People's Republic of China on Environmental Impact Assessment:
(1) The project owner commences the construction project without submitting the environmental impact report or the environmental impact statement for approval or reexamination in accordance with the law.
(2) The project owner commences the construction project when the environmental impact report or the environmental impact statement has not been approved or reexamined.
(3) The environmental impact registration form of the construction project has not been granted recordation in accordance with the law.
Article 22 Where a project owner, in violation of the provisions of this Regulation, fails to implement the measures for the prevention and treatment of environmental pollution and ecological damage as well as budgetary estimate for investment in environmental protection facilities when developing the preliminary design of the construction project, fails to include the construction of environmental protection facilities in the construction contract or fails to conduct the environmental impact post-assessment in accordance with the law, the environmental protection administrative department at or above the county level at the place where the construction project is located shall order the project owner to take corrective action within a prescribed time limit, and impose a fine of not less than 50,000 yuan but not more than 200,000 yuan on it. If the project owner fails to do so, it shall be fined not less than 200,000 yuan but not more than one million yuan.
Where the project owner, in violation of the provisions of this Regulation, fails to organize the implementation of the countermeasures for environmental protection as mentioned in the environmental impact report or the environmental impact statement and in the approval decision made by the approval authority in the course of project construction, the environmental protection administrative department at or above the county level at the place where the construction project is located shall order the project owner to take corrective action within a prescribed time limit, and impose a fine of not less than 200,000 yuan but not more than one million yuan on it; and if the project owner fails to do so, shall order it to cease construction.
Article 23 Where a project owner, in violation of the provisions of this Regulation, puts the construction project into production or use when the supporting environmental protection facilities required to be constructed have not been completed or undergone acceptance check or fail to pass the acceptance check, or commits fraud in the acceptance check of the environmental protection facilities, the environmental protection administrative department at or above the county level shall order the project owner to take corrective action within a prescribed time limit, and impose a fine of not less than 200,000 yuan but not more than one million yuan on it. If the project owner fails to do so, it shall be fined not less than one million yuan but not more than two million yuan. The directly responsible person in charge and other liable persons shall be fined not less than 50,000 yuan but not more than 200,000 yuan. If any significant environmental pollution or ecological damage has been caused, the environmental protection administrative department shall order it to cease production or use, or to shut down the construction project by reporting it to the people's government with approval authority for approval.
Where the project owner, in violation the provisions of this Regulation, fails to release to the public the report on the acceptance check of environmental protection facilities in accordance with the law, the environmental protection administrative department at or above the county level shall order the project owner to release the report to the public, impose a fine of not less than 50,000 yuan but not more than 200,000 yuan on it, and make an announcement.
Article 24 Where a technical institution charges fees from the project owner or the entity conducting environmental impact assessment in violation of the provisions of this Regulation, the environmental protection administrative department at or above the county level shall order the technical institution to refund the fee collected, and impose a fine of not less than one time but not more than three times the fee collected.
Article 25 Where any entity conducting the environmental impact assessment of a construction project commits fraud in the environmental impact assessment, the environmental protection administrative department at or above the county level shall impose a fine of not less than one time but not more than three times the fee collected by the entity.
Article 26Any functionary of the competent department of environmental protection administration who indulges in malpractices for selfish gains, abuse of power, negligence of duty that constitute a crime shall be investigated of the criminal liability according to law; where a crime has not been constituted, administrative sanctions shall be imposed according to law.
Chapter V Supplementary Provisions
Article 27Environmental impact evaluation should be done in compiling construction planning for such regional development as valley development, development zone construction, new urban district construction and old urban district reconstruction. Specific measures shall be worked out separately by the competent department of environmental protection administration under the State Council in conjunction with the competent departments concerned under the State Council.
Article 28Environmental protection administration of offshore engineering construction projects shall abide by the provisions of the State Council concerning environmental protection administration of offshore engineering.
Article 29Environmental protection administration of construction projects of military installations shall abide by the relevant provisions of the Central Military Commission.
Article 30These Regulations come into force as of the date of promulgation.