Decision of the Ministry of Housing and Urban-Rural Development on Amending the Measures for the Administration of Permits for the Discharge of Urban Sewage into Drainage Pipe Networks
Release time:
2022-12-15
Source:
(Published on December 1, 2022 by Order No. 56 of the Ministry of Housing and Urban-Rural Development of the People's Republic of China Effective February 1, 2023)
The Ministry of Housing and Urban-Rural Development has decided to amend the Measures for the Administration of Permits for the Discharge of Urban Sewage into Drainage Pipe Networks (Order No. 21 of the Ministry of Housing and Urban-Rural Development) as follows:
I. The phrase "competent department of housing and urban-rural construction" in Article 3 shall be amended to "competent department of housing and urban-rural construction". The remaining articles shall be amended accordingly.
Article 4 shall be amended by adding a new paragraph as the third paragraph: "Engineering and construction drainage shall give priority to the utilization and recharge of water bodies."
Third, Article 5 is amended to read: "The competent authorities in charge of urban drainage shall, according to local conditions, in accordance with the degree of drainage behavior affecting the safe operation of urban drainage and sewage treatment facilities, the drainage households to carry out hierarchical classification management.
"The drainage households included in the list of key sewage disposal units and the drainage households identified by the competent urban drainage department as having a greater impact on the safe operation of urban drainage and sewage treatment facilities shall be managed as key drainage households."
Fourth, Article 6 shall be amended to read: "A drainage household shall apply for a drainage permit from the competent urban drainage department in the place where the drainage act occurs. The competent urban drainage authority shall make a decision within 15 days from the date of accepting the application.
"Centralized management of buildings or units with multiple drainage households, the property rights unit or its entrusted property services can be unified application for a drainage permit, and the licensee is responsible for the drainage behavior of the drainage households.
"Where sewage needs to be discharged into urban drainage facilities due to construction operations, the construction unit shall apply for a drainage permit."
Fifth, the second to fifth items of Article 7 will be amended to read "(2) the drainage household internal drainage network, special test wells, rainwater and sewage outfall location and caliber of the drawings and descriptions and other materials;
"(C) in accordance with the relevant provisions of the state construction of sewage pre-treatment facilities related materials;
"(D) drainage hidden project completion report, or drainage household commitment to drainage hidden project qualified and there is no rainwater sewage pipe network mixing misconnection, rainwater sewage mixed discharge of written commitment;
"(E) drainage water quality in line with the relevant standards of the test report or drainage water quality in line with the relevant standards of the written statement of commitment."
Delete the seventh item.
Sixth, add an article as Article 8: "urban drainage department in charge of the permit decision before, should be in accordance with the requirements of the drainage household hierarchical classification management, the key drainage households for on-site verification, the other drainage households to take a sampling approach to on-site verification."
Seven, will be changed from Article 8 to Article 9, paragraph 1, subparagraph 2 is amended to read "(b) the discharge of sewage water quality in line with national or local provisions of the relevant discharge standards."
Delete the second paragraph.
Article 10 shall be changed to Article 11, in which the phrase "may no longer be reviewed" shall be amended to read "no longer be reviewed".
Nine, will be changed from Article 11 to Article 12, the first paragraph of the "pollutant projects" to "the main pollutant projects". The rest of the article is amended accordingly.
The second paragraph is amended to read: "drainage household name, legal representative and other changes in other matters, the drainage household should be changed within 30 days from the date of change to the competent urban drainage department to apply for changes."
X. Article 13 shall be changed to Article 14 and amended to read, "A drainage household shall not engage in the following activities that jeopardize the safety of urban drainage facilities:
"(A) Discharge or dump highly toxic, flammable and explosive, corrosive waste liquids and slag into urban drainage facilities.
"(ii) Discharging harmful gases and cooking fumes to urban drainage facilities;
"(iii) Blocking urban drainage facilities or discharging or dumping garbage, slag, construction mud, grease, sludge and other easily blocked materials into urban drainage facilities;
"(D) Unauthorized demolition, movement, penetration and access to town drainage facilities;
"(v) Unauthorized discharge of sewage to the town drainage facilities under pressure;
"(F) other activities that jeopardize the safety of urban drainage and sewage treatment facilities."
Eleven, Article 14 to Article 15, Article 30 to Article 31, where "stop" is amended to "suspend".
Twelve, Article 16 was changed to Article 17, amended to read "key drainage households should establish a file management system, sewage pre-treatment facilities, internal drainage network, connecting pipe with municipal pipe network, special testing wells operation and maintenance, the reasons for the occurrence of anomalies and measures taken to record, record-keeping period of not less than five years.
"Drainage households are encouraged to promote the digitization of traditional carrier files. Electronic records have the same validity as traditional carrier records."
Thirteen, Article 17, Article 18 to Article 18, amended to read: "urban drainage authorities should be combined with the drainage household classification, through the 'double random, a public' way, the drainage household discharge of sewage to implement supervision and inspection. When implementing supervision and inspection, it is authorized to take the following measures:
"(i) Enter the site to carry out inspection and monitoring;
"(ii) Require the drainage households under supervision and inspection to present their drainage licenses;
"(iii) To inspect and copy relevant documents and materials;
"(iv) Requesting the unit and individual being supervised and inspected to give explanations on relevant issues;
"(v) Take measures in accordance with the law to prohibit drainage households from discharging sewage into urban drainage facilities and other measures to rectify violations of relevant laws, regulations and the provisions of these Measures.
"The units and individuals being supervised and inspected shall cooperate and shall not hinder or obstruct the supervision and inspection activities carried out in accordance with the law.
"The competent department of urban drainage may, through government purchase of services and other means, organize or entrust drainage monitoring agencies and other technical service units to provide technical services for the supervision and inspection of drainage permits. Commissioned with measurement certification qualification of the drainage monitoring organization shall discharge sewage water quality, water quality monitoring of drainage households, the establishment of drainage monitoring files."
Fourteen, add an article as Article 20: "The competent urban drainage department shall be the basic information of the drainage households, drainage permit content and other information contained in the urban drainage information system. Information on the content of drainage permits, administrative penalties, adverse credit records and other information involving drainage households shall be made public in accordance with the law.
"The competent department of urban drainage can be based on the credit situation of drainage households, according to law, to take credit incentives, bad credit punitive measures."
Fifteen, Article 28 was changed to Article 29, of which "30,000 yuan" was amended to "10,000 yuan".
Sixteen, add an article as Article 33: "key drainage households in accordance with the provisions of this approach to establish a file management system, or file records retention period of less than five years, by the competent department of urban drainage authorities ordered to make corrections, and may impose a fine of up to 30,000 yuan."
XVII, Article 33 to Article 35, amended to read: "Drainage permits by the State Council housing and urban-rural construction departments to develop the format, by the provincial and autonomous regional people's governments housing and urban-rural construction departments and municipalities directly under the Central People's Government of the competent department of urban drainage organization printing. Encourage the urban drainage department to implement electronic permits, electronic permits and paper permits have the same effect.
"Drainage permit application form, drainage household written commitment by the State Council housing and urban-rural construction department to develop a recommended format, urban drainage authorities can refer to the development."
In addition, the serial numbers of the relevant articles are adjusted accordingly.
This decision shall come into force from February 1, 2023 onwards. The Measures for the Administration of Permits for Discharging Urban Sewage into Drainage Pipe Networks is reissued with corresponding amendments in accordance with this Decision.
Urban sewage discharged into the drainage pipe network permit management measures
(Issued by Order No. 21 of the Ministry of Housing and Urban-Rural Development on January 22, 2015, as amended by Order No. 56 of the Ministry of Housing and Urban-Rural Development on December 1, 2022)
Chapter I. General provisions
Article 1 In order to strengthen the management of sewage discharged into the urban drainage network, to ensure the safe operation of urban drainage and sewage treatment facilities, prevention and control of urban water pollution, in accordance with the "People's Republic of China Administrative Licensing Law", "Urban Drainage and Sewage Regulations" and other laws and regulations, the formulation of these measures.
Article 2 In the People's Republic of China to apply for permission to discharge sewage into the drainage network (hereinafter referred to as the drainage permit), engaged in industrial, construction, catering, medical and other activities of enterprises and institutions, individual businesses (hereinafter referred to as the drainage households) to urban drainage facilities to discharge sewage discharge of the supervision and management of the activities of the application of these measures.
Article 3 The competent department of housing and urban-rural construction under the State Council is responsible for the guidance and supervision of the national drainage permit work.
Provincial and autonomous regional people's governments in charge of housing and urban-rural construction department is responsible for the administrative region of the drainage permit work guidance and supervision.
The department in charge of urban drainage and sewage treatment of the people's governments of municipalities directly under the central government, cities and counties (hereinafter referred to as the department in charge of urban drainage) shall be responsible for the issuance of drainage permits and the supervision and management of drainage permits in the administrative area. The competent department of urban drainage can entrust the specialized agencies to undertake the specific work of drainage permit audit and management.
Article 4 Drainage households within the coverage of urban drainage facilities shall discharge their sewage into urban drainage facilities in accordance with the relevant provisions of the state. Drainage households discharging sewage into urban drainage facilities, shall apply for a drainage permit in accordance with the provisions of these measures. Without a drainage permit, the drainage households shall not discharge sewage into the urban drainage facilities. Urban residents do not need to apply for a drainage permit to discharge domestic sewage.
In areas where rainwater and sewage are separated and discharged, sewage shall not be discharged into the rainwater pipe network.
Engineering and construction dredging drainage shall be prioritized for use and recharge of water bodies.
Article 5 The competent authorities in charge of urban drainage shall, according to local conditions, in accordance with the degree of drainage behavior affecting the safe operation of urban drainage and sewage treatment facilities, the drainage households to carry out hierarchical classification management.
Included in the list of key sewage disposal units of drainage households and urban drainage authorities to determine the safe operation of urban drainage and sewage treatment facilities have a greater impact on the drainage households, should be managed as a key drainage households.
Chapter II. License application and review
Article 6 A drainage household shall apply for a drainage permit from the competent urban drainage authority in the place where the act of drainage takes place. The competent urban drainage department shall make a decision within 15 days from the date of accepting the application.
If there are multiple drainage households in a centrally managed building or unit, the property ownership unit or the property service provider entrusted by it may apply for a drainage permit in a unified manner, and the unit receiving the permit shall be responsible for the drainage behavior of the drainage households.
If sewage needs to be discharged into the urban drainage facilities due to construction work, the construction unit shall apply for a drainage permit.
Article 7 Application for obtaining a drainage permit shall be submitted truthfully with the following materials:
(A) drainage permit application form;
(B) the drainage household internal drainage network, special test wells, rainwater and sewage outfall location and caliber of the drawings and descriptions and other materials;
(C) in accordance with the relevant provisions of the state construction of sewage pretreatment facilities related materials;
(D) drainage hidden project completion report, or drainage households commitment to drainage hidden project qualified and there is no rainwater sewage pipe network mixed wrong connection, rainwater sewage mixed discharge of written commitment;
(E) drainage water quality in line with the relevant standards of the test report or drainage water quality in line with the relevant standards of the written commitment;
(F) included in the list of key sewage disposal units should be provided by the drainage households have installed the main water pollutants discharge automatic monitoring equipment related materials.
Article VIII of the town drainage department in charge of the permit decision before, should be in accordance with the requirements of the drainage household hierarchical classification management, key drainage households for on-site verification, other drainage households to take a sampling approach to on-site verification.
Article 9 If the following conditions are met, the competent department of urban drainage shall issue a drainage permit:
(A) the setup of sewage outlets in line with the requirements of urban drainage and sewage treatment planning;
(B) the discharge of sewage water quality in line with national or local regulations of the relevant discharge standards;
(C) In accordance with the relevant provisions of the state construction of appropriate pretreatment facilities;
(D) in accordance with the relevant provisions of the state at the outlet to set up a convenient sampling and water measurement of special testing wells and metering equipment; included in the list of key sewage disposal units have been installed in the drainage households of major water pollutants discharge automatic monitoring equipment;
(E) other conditions prescribed by laws and regulations.
Article 10 The validity period of the drainage license is five years.
For construction operations that require drainage to urban drainage facilities, the validity period of the drainage permit shall be determined by the competent urban drainage department in accordance with the drainage conditions, but shall not exceed the construction period.
Article XI of the expiration of the validity of the drainage permit needs to continue to discharge sewage, the drainage households should be 30 days before the expiration of the validity of the urban drainage department shall submit an application. Urban drainage department shall make a decision before the expiration of the validity of whether to grant the continuation. Permitted to continue, the validity of the continuation of 5 years.
Drainage households in the validity of the drainage permit, in strict accordance with the content of the permit to discharge sewage, and did not occur in violation of the provisions of this approach, 30 days before the expiration of the validity period, the drainage households can apply for an extension of the consent of the original permitting authority, no longer review, the validity of the drainage permit for an extension of 5 years.
Article XII of the validity of the drainage permit, the number and location of outfalls, drainage, major pollutants or concentration of drainage permit content changes, the drainage households should be in accordance with the provisions of these measures, re-apply for a drainage permit.
Drainage household name, legal representative and other changes in other matters, the drainage household should be changed within 30 days from the date of change to the competent department of urban drainage to apply for changes.
Chapter III. Management and oversight
Article 13 Dischargers shall discharge wastewater in accordance with the drainage categories, total volume, time limit, location and number of outfalls, and major pollutant items and concentrations discharged as determined by the drainage license.
Article 14 The drainage households shall not have the following activities that jeopardize the safety of urban drainage facilities:
(a) Discharge and dumping of highly toxic, inflammable and explosive, corrosive waste liquids and slag to urban drainage facilities;
(ii) Discharging harmful gases and cooking fumes into urban drainage facilities;
(C) Blocking urban drainage facilities or discharging or dumping garbage, slag, construction mud, grease, sludge and other easily blocked materials into urban drainage facilities;
(D) Unauthorized dismantling, moving, cutting and connecting to urban drainage facilities;
(E) unauthorized discharge of sewage to the town drainage facilities under pressure;
(F) Other activities that endanger the safety of urban drainage and sewage treatment facilities.
Article XV of the drainage households due to accidents or other emergencies, the discharge of sewage may endanger the safe operation of urban drainage and sewage treatment facilities, shall immediately suspend the discharge, take measures to eliminate the hazards, and in accordance with the provisions of the timely report to the competent departments of urban drainage and other relevant departments.
Article XVI of the town drainage department shall strengthen the drainage household outlet settings, connecting pipe network, pretreatment facilities and water quality, water quality monitoring facilities construction and operation of guidance and supervision.
Article XVII key drainage households should establish a file management system, sewage pre-treatment facilities, internal drainage network, connecting pipe with the municipal network, special testing well operation and maintenance, the causes of anomalies and measures taken to record, record retention period of not less than five years.
Encourage drainage households to promote the digitization of traditional carrier files. Electronic files and traditional carrier files have the same effect.
Article XVIII of urban drainage authorities should be combined with drainage classification, through the "double random, a public" way, the drainage of sewage discharge supervision and inspection of the implementation of the situation. Supervision and inspection, the right to take the following measures:
(a) enter the scene to carry out inspection and monitoring;
(ii) Require the drainage households being supervised and inspected to produce the drainage license;
(iii) To inspect and copy relevant documents and materials;
(D) Require the supervised and inspected units and individuals to explain the relevant issues;
(E) in accordance with the law to take measures to prohibit the drainage households to urban drainage facilities discharge of sewage and other measures to correct violations of relevant laws, regulations and the provisions of these Measures.
Supervision and inspection of units and individuals shall cooperate, shall not hinder and obstruct the supervision and inspection activities carried out in accordance with the law.
Urban drainage authorities can purchase services through the government and other ways, organizations or commissioned drainage monitoring agencies and other technical service units for the drainage permit supervision and inspection work to provide technical services. Commissioned with measurement certification qualification of the drainage monitoring organization should be discharged into the drainage households to monitor the water quality and quantity of sewage, the establishment of drainage monitoring files.
Article 19 The town drainage department commissioned by the specialized agencies, can carry out drainage permit review, file management, supervision and guidance of drainage households drainage behavior and other work, and to assist the town drainage department in charge of the implementation of supervision and management of drainage permits.
Article 20 The competent department of urban drainage shall be the basic information of drainage households, drainage permit content and other information contained in the urban drainage information system. Drainage permit content involving drainage households, administrative penalties, bad credit record and other information shall be made public in accordance with the law.
Urban drainage department in charge of drainage households can be based on the credit situation, according to law to take the credit incentives, bad credit disciplinary measures.
Article 21 In any of the following cases, the licensing authority or its superior administrative organ, at the request of the interested party or ex officio, may revoke the drainage permit:
(A) urban drainage department in charge of staff abuse of power, dereliction of duty to make the decision to grant a drainage permit;
(B) beyond the statutory authority to make the decision to grant a drainage permit;
(C) violation of legal procedures to make the decision to grant a drainage permit;
(D) does not meet the permit conditions of the applicant to make the decision to grant a drainage permit;
(E) can be revoked according to law drainage permit in other cases.
Drainage households by deception, bribery and other improper means to obtain a drainage permit shall be revoked.
Article 22 One of the following circumstances, the competent department of urban drainage shall, in accordance with law, the cancellation of the drainage permit:
(A) the termination of the drainage households according to law;
(B) the drainage permit is revoked or withdrawn according to law, or the drainage permit is revoked;
(C) drainage permit
Chapter IV. Legal liability
Article 25 The competent authorities in charge of urban drainage in one of the following circumstances, by its higher administrative organs or supervisory organs shall order correction, the directly responsible officer in charge and other persons directly responsible shall be given sanctions according to law; constitutes a crime, shall be investigated for criminal responsibility:
(A) to the applicant does not meet the conditions of these provisions of the granting of drainage permits;
(B) to meet the conditions of this provision of the applicant is not issued a drainage permit or not within the statutory period of time to make a decision to grant a permit;
(C) use the convenience of his position, acceptance of other people's property or seek other benefits;
(D) Disclosure of technical or commercial secrets of the supervised and inspected units and individuals;
(E) does not fulfill the supervision and management responsibilities in accordance with the law or poor supervision, resulting in serious consequences.
Article 26 Violation of the provisions of these Measures, within the coverage of urban drainage and sewage treatment facilities, not in accordance with the relevant provisions of the state will be discharged into the urban drainage facilities, or in the rainwater, sewage diversion area will be discharged into the rainwater network of sewage, by the competent department of urban drainage department ordered to make corrections, and be given a warning; overdue corrections or serious consequences, the unit of 100,000 yuan of more than 200,000 yuan of fines; on the Individuals shall be fined more than 20,000 yuan 100,000 yuan or less, resulting in losses, shall be liable for compensation.
Article 27 violation of the provisions of these measures, the drainage households did not obtain a drainage permit, discharge of sewage into the urban drainage facilities, by the competent urban drainage department shall order the cessation of illegal behavior, the deadline for the adoption of measures to address, the replacement of drainage permits, may be fined less than 500,000 yuan; included in the list of key sewage disposal units of the drainage households may be imposed a fine of 300,000 yuan or more than 500,000 yuan; causing losses, shall bear the compensation responsibility; constitutes a crime, shall be investigated and punished by a fine of 200,000 yuan or more. Liability; constitutes a crime, shall be investigated for criminal liability.
Article 28 If a drainage household fails to discharge sewage into urban drainage facilities in accordance with the requirements of the drainage permit, the competent department of urban drainage shall order the cessation of the illegal act, make corrections within a certain period of time, and may impose a fine of not more than RMB 50,000 yuan; if serious consequences are caused, the drainage permit shall be revoked and a fine of not less than RMB 50,000 yuan shall be imposed, and a fine of not less than RMB 300,000 yuan shall be imposed on the drainage households which are included in the list of key sewage disposal units , and notify the competent environmental protection department at the same level of the relevant information, may be notified to the community; causing losses, shall be liable for compensation according to law; constitutes a crime, shall be investigated for criminal responsibility.
Article 29 If a drainage household changes its name, legal representative and other matters, and fails to apply to the competent urban drainage department for the change in a timely manner according to the provisions of these Measures, the competent urban drainage department shall order rectification, and may impose a fine of not more than 10,000 yuan.
Article 30 The drainage households to cheat, bribery and other improper means to obtain a drainage permit, may be fined up to 30,000 yuan; causing losses, shall be liable for compensation; constitutes a crime, shall be investigated for criminal responsibility.
Article 31 violation of the provisions of these measures, drainage households due to accidents or other emergencies, the discharge of sewage may endanger the safe operation of urban drainage and sewage treatment facilities, did not immediately suspend the discharge, did not take measures to eliminate the hazards, or did not take the required timely report to the competent authorities of the town of drainage and other relevant departments, the competent authorities of the town of drainage can be imposed a fine of 30,000 yuan.
Article 32 In violation of the provisions of this Measures, engaged in activities that jeopardize the safety of urban drainage facilities, the competent urban drainage department shall order the cessation of the illegal behavior, restore the original state or take other remedial measures within a certain period of time, and shall give a warning; if the remedial measures are not taken after the expiration of the deadline or if serious consequences are caused, the unit shall be subject to a fine of 100,000 yuan or more than 300,000 yuan, and the individual shall be subject to a fine of 20,000 yuan or more than 100,000 yuan; and if it causes If the loss is caused, it shall be liable for compensation according to law; if it constitutes a crime, it shall be investigated for criminal responsibility according to law.
Article 33 If a key drainage household fails to establish an archive management system in accordance with the provisions of these Measures, or if the retention period of the archive records is less than 5 years, the competent department in charge of urban drainage shall order rectification, and may impose a fine of not more than RMB 30,000 yuan.
Article 34 If a drainage household violates the provisions of these Measures, refuses to accept the monitoring of water quality and quantity, or obstructs or hinders the supervision and inspection of the competent urban drainage department in accordance with the law, the competent urban drainage department shall give a warning; if the circumstances are serious, it shall impose a fine of not more than 30,000 yuan.
Chapter V. Bylaws
Article 35 Drainage permits shall be formulated by the competent department of housing and urban-rural construction under the State Council, and shall be printed by the competent department of housing and urban-rural construction of the people's governments of the provinces and autonomous regions, as well as by the competent department of urban drainage under the people's governments of municipalities directly under the Central Government. The competent urban drainage department is encouraged to implement electronic permits, which have the same effect as paper permits.
Drainage permit application form, drainage households written commitment by the State Council housing and urban-rural construction department to develop a recommended format, urban drainage authorities can refer to the development.
Article 36 These Measures shall come into force from March 1, 2015 onwards. The Measures for the Administration of Urban Drainage Permits (Ministry of Construction Decree No. 152) shall be repealed at the same time.
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The Ministry of Housing and Urban-Rural Development has decided to amend the Measures for the Administration of Permits for the Discharge of Urban Sewage into Drainage Pipe Networks (Order No. 21 of the Ministry of Housing and Urban-Rural Development) as follows.
Municipal Housing and Urban-Rural Development Bureau, Urban Management Bureau, Jinan, Qingdao, Zibo, Zaozhuang, Dongying, Jining, Weihai, Binzhou, Heze Municipal Water (Water Resources) Bureau, Jinan, Qingdao Municipal Gardening and Forestry (Greening) Bureau, Jinan Urban and Rural Transportation Bureau: Now the "Shandong Province building construction safety and civilization standardization site management measures" issued to you, please combine with the actual implementation.