Construction Project Environmental Protection Management Ordinance (2017 Revision)

(Decree No. 253 of the State Council of the People's Republic of China issued on November 29, 1998 as amended by the Decision of the State Council on Amending the Regulations on the Environmental Protection of Construction Projects of July 16, 2017 Order No. 682 of the State Council of the People's Republic of China)

Construction Project Environmental Protection Management Regulations

Chapter I General Provisions

Article 1 These Regulations are formulated in order to prevent new pollution and destruction of the ecological environment in construction projects.

Article 2 These Regulations shall apply to the construction of construction projects that have an impact on the environment within the territory of the People's Republic of China and other sea areas under the jurisdiction of the People's Republic of China.

Article 3 Construction of pollution-causing construction projects must comply with the national and local standards for pollutant discharge; in the areas where the total discharge of key pollutants is controlled, the control of the total discharge of key pollutants must also be complied with.

Article 4 Industrial construction projects shall adopt cleaner production techniques with less energy and material consumption and less pollutants, rationally utilize natural resources and prevent environmental pollution and ecological damage.

Article 5 Reconstruction, expansion projects and technological transformation projects must take measures to govern the original environmental pollution and ecological damage related to this project.


Chapter II Environmental Impact Assessment

Article 6 The State shall implement the environmental impact assessment system for construction projects.

Article 7 The state shall implement the classified management of the environmental protection of construction projects in accordance with the following provisions according to the impact of the construction projects on the environment:

(1) Where a construction project may have a significant impact on the environment, an environmental impact report shall be prepared to conduct a comprehensive and detailed assessment of the pollution caused by the construction project and its impact on the environment;

(2) Where a construction project may have a mild impact on the environment, an environmental impact report form shall be prepared to analyze or evaluate the pollution caused by the construction project and its impact on the environment;

(C) Construction projects have little impact on the environment, do not need to carry out environmental impact assessment, it should fill in the environmental impact registration form.

The list of classification management of environmental impact assessment of construction projects shall be formulated and promulgated by the competent department of environmental protection administration under the State Council on the basis of organizing experts to demonstrate and solicit opinions from relevant departments, trade associations, enterprises and public institutions and the public.

Article VIII of the construction project environmental impact report, should include the following:

(A) Construction project overview;

(2) The current situation of the surrounding environment of the construction project;

(3) Analysis and prediction of possible impact of the construction project on the environment;

(4) Environmental protection measures and their economic and technological demonstration;

(E) Environmental Impact Economic Profit and Loss Analysis;

(6) Suggestions on implementing environmental monitoring of construction projects;

(VII) Environmental Impact Assessment Conclusion.

The content and format of the environmental impact statement of construction projects and the environmental impact registration form shall be prescribed by the competent department of environmental protection administration under the State Council.

Article 9 Construction projects of environmental impact reports and environmental impact statement forms shall be prepared according to law, and the construction unit shall examine and approve the environmental protection administrative department for examination and approval of environmental impact reports and environmental impact reports before commencement of construction. The construction projects If the environmental impact assessment document has not been examined and approved by the examination and approval department or not examined and approved according to law, the construction unit may not start the construction.

The environmental protection administrative department examines and approves the environmental impact report and the environmental impact statement and shall focus on examining the environmental feasibility of the construction project, the reliability of the environmental impact assessment and prediction assessment, the effectiveness of the environmental protection measures and the scientificity of the environmental impact assessment conclusion , And within 30 days from the date of receiving the environmental impact report and within 30 days from the date of receipt of the environmental impact statement, make a decision of approval and notify the construction unit in writing.

The administrative department of environmental protection may organize technical agencies to carry out technical assessment on the environmental impact statement and environmental impact statement of construction projects and bear the corresponding costs; the technical agencies shall be responsible for the technical evaluation opinions they propose and shall not engage in any environmental impacts The evaluation unit charged any fees.

The construction entity shall fill in the environmental impact registration form according to law and the construction unit shall, in accordance with the provisions of the competent department of environmental protection administration under the State Council, submit the environmental impact registration form to the county-level environmental protection administrative department where the project is located for the record.

The administrative department of environmental protection shall conduct online examination and approval of environmental impact appraisal documents, filing and disclosure of information.

Article 10 The administrative department of environmental protection under the State Council shall be responsible for approving the environmental impact reports and environmental impact reports of the following construction projects:

(1) Construction projects of special nature such as nuclear facilities and top secret projects;

(2) Construction projects in the administrative regions of provinces, autonomous regions and municipalities directly under the Central Government;

(3) Construction projects that have been examined and approved by the State Council or approved by the State Council and authorized by the relevant departments.

The examination and approval authority of the environmental impact statement for construction projects other than those specified in the preceding paragraph and the environmental impact statement shall be prescribed by the people's government of the province, autonomous region or municipality directly under the Central Government.

Where the construction project causes environmental impacts across administrative regions, if the environmental protection administrative department has any dispute over the conclusion of environmental impact assessment, the environmental impact statement or the environmental impact statement shall be examined and approved by the competent environmental protection administrative department at the next higher level.

Article 11 Where a construction project is under any of the following circumstances, the administrative department of environmental protection shall make a decision on disapproval of the environmental impact statement and the environmental impact statement:

(1) The type of construction project and its location, layout and scale do not conform to the laws, regulations and relevant statutory plans for environmental protection;

(2) Where the environmental quality in the area does not meet the national or local environmental quality standards, and the measures proposed to be taken by the construction project can not meet the requirements for the management of the target of regional environmental quality improvement;

(III) Pollution prevention and control measures adopted by construction projects can not ensure that pollutant discharge meets the national and local emission standards, or fail to take the necessary measures to prevent and control ecological damage;

(D) Reconstruction, expansion and technological transformation projects, not for the project's original environmental pollution and ecological damage prevention and control measures proposed;

(E) The environmental impact report of the construction project, the basic data of the environmental impact statement form is obviously not real, there are major defects and omissions in the content, or the conclusion of environmental impact assessment is not clear or unreasonable.

Article 12 After the construction project environmental impact report and the environmental impact statement are approved, the construction unit shall make a significant change in the nature, scale, location, production technology adopted or the measures taken to prevent pollution and prevent ecological damage. Approval of construction project environmental impact report, environmental impact report form.

Construction Project Environmental Impact Report and Environmental Impact Report Form shall be valid for 5 years from the date of approval. When construction projects start construction, the environmental impact report and environmental impact report form shall be submitted to the original examination and approval department for re-examination. The original examination and approval department shall, within 10 days from the date of receiving the environmental impact statement and the environmental impact statement of the construction project, notify the construction unit in writing of the examination opinions. If it fails to notify the construction unit within the prescribed time limit, it shall be deemed as the examination and approval agreement.

Review, examine and approve the environmental impact statement of construction project, environmental impact statement, and record the environmental impact registration form, and shall not charge any fees.

Article 13 The construction unit may, by means of open tendering, choose the unit engaged in the environmental impact assessment and carry out the environmental impact assessment of the construction project.

No administrative organ may designate an entity engaged in environmental impact assessment for the construction unit to conduct an environmental impact assessment.

Article 14 In preparing the environmental impact report, the construction unit shall, in accordance with the relevant laws and regulations, solicit the opinions of the relevant units and residents of the place where the construction project is located.


Chapter III Construction of Environmental Protection Facilities

Article 15 The environmental protection facilities that need to be complemented by construction projects must be designed, constructed and put into operation simultaneously with the main project.

Article 16 The preliminary design of a construction project shall, in accordance with the requirements of the code for environmental protection design, formulate a chapter on environmental protection and implement the measures for preventing and controlling environmental pollution and ecological damage as well as the budget estimates for investment in environmental protection facilities.

The construction unit shall incorporate the construction of environmental protection facilities into the construction contract to ensure the progress and funding of the construction of environmental protection facilities and also organize the implementation of the environmental impact report, environmental impact statement and approval of the examination and approval department during the construction of the project Countermeasures.

Article 17 Upon completion of the construction project for preparing the environmental impact statement and environmental impact statement, the construction unit shall, in accordance with the standards and procedures prescribed by the competent department of environmental protection administration under the State Council, conduct inspection and acceptance of the environmental protection facilities and compile the inspection and acceptance reports.

During the process of acceptance of environmental protection facilities, the construction unit shall truthfully examine, monitor and record the construction and commissioning of the environmental protection facilities of the construction projects, and shall not resort to fraud or fraud.

In addition to the confidentiality required in accordance with state regulations, the construction unit shall publicly report to the public according to law.

Article 18 For construction projects phased in and phased in for production or use, the corresponding environmental protection facilities shall be inspected by stages.

Article 19 The construction projects for preparing environmental impact reports and environmental impact reports shall be put into production or use only after the experience and experience of the environmental protection facilities constructed and matched are acceptable; they shall not be put into production or used without the acceptance test or unqualified acceptance .

After a construction project as prescribed in the preceding paragraph is put into production or used, an environmental impact assessment shall be conducted in accordance with the provisions of the environmental protection administrative department under the State Council.

Article 20 The administrative department of environmental protection shall conduct supervision and inspection on the implementation of the design, construction, acceptance, putting into production or use of environmental protection facilities and other environmental protection measures as determined in the relevant environmental impact assessment documents.

The administrative department of environmental protection shall record the information on environmental violations of construction projects in the social credit files and promptly disclose the list of offenders to the public.


Chapter IV Legal Liability

Article 21 Any construction unit that commits one of the following acts shall be punished according to the provisions of the "Law of the People's Republic of China on Environmental Impact Assessment":

(I) Environmental Impact Report of Construction Project, the environmental impact report form fails to be submitted for approval or submitted for re-examination and construction without authorization;

(2) Construction project environmental impact report, environmental impact statement without authorization or re-examination and approval, unauthorized construction started;

(III) Registration Form for Environmental Impact of Construction Projects is not filed according to law.

Article 22 In violation of the provisions of these Regulations, the construction unit shall not formulate the preliminary design of the construction project for failing to implement the measures for preventing and controlling environmental pollution and ecological damage as well as the investment budget for environmental protection facilities, failing to include the construction of environmental protection facilities in the construction contract, or failing to carry out the environmental impact After the evaluation, the environmental protection administrative department at or above the county level where the construction project is located shall be ordered to correct within a prescribed time limit, and a fine of not less than 50,000 yuan but not more than 200,000 yuan shall be imposed; if not corrected within the prescribed time limit, a fine of not less than 200,000 yuan and not more than 1,000,000 yuan shall be imposed.

In violation of the provisions of these Regulations, if the construction unit fails to organize the implementation of the environmental impact report, environmental impact statement, and environmental protection measures proposed in the examination and approval decision of the approving department at the same time during the construction of the project, the environmental protection administrative department The competent department shall order a correction within a prescribed time limit and a fine of not less than 200,000 yuan and not more than 1,000,000 yuan; if it fails to correct within the prescribed time limit, it shall be ordered to stop construction.

Article 23 Anyone who, in violation of the provisions of these Regulations, has not completed the construction of an environmental protection facility that is required to be constructed, has not been accepted or fails to pass the inspection, has been put into production or used in a construction project, or has taken any falsification in the acceptance of an environmental protection facility, The administrative department in charge of environmental protection shall order a correction within a time limit and impose a fine of not less than 200,000 yuan but not more than 1,000,000 yuan; if it fails to make a correction within the prescribed time limit, it shall be fined not less than 1,000,000 yuan but not more than 2,000,000 yuan; for the directly responsible supervisors and other responsible persons A fine not less than 50,000 yuan but not more than 200,000 yuan shall be imposed; and if any major environmental pollution or ecological damage is caused, a fine of not more than 50,000 yuan shall be imposed on the people's government of the people's government of which the power of attorney is approved or ordered to be shut down.

Where a construction unit fails to disclose to the public an acceptance report on environmental protection facilities in violation of the provisions of these Regulations, the administrative department of environmental protection above the county level shall order it to openly make a fine of not less than 50,000 yuan but not more than 200,000 yuan, and making a public announcement.

Article 24 Where a technical institution, in violation of the provisions of these Regulations, collects fees from a construction unit or an entity engaged in environmental impact assessment, the department in charge of environmental protection at or above the county level shall order the refund of the fees collected, and the fees and charges of the premises shall be one to three times The following fine.

Article 25 Units engaged in the environmental impact assessment of construction projects who falsify their environmental impact assessment work shall be fined not less than one time but not more than three times the fares of the environmental protection administrative department at or above the county level.

Article 26 Where a staff member of an administrative department for environmental protection practices selfish favoritism, abuse his power, neglect his or her duties, and constitutes a crime, it shall be investigated for criminal responsibility according to law; and if it does not constitute a crime, it shall be given an administrative sanction.


Chapter V Supplementary Provisions

Article 27 In developing the watershed, developing the development zone, constructing the new urban area and rebuilding the old urban area, the environmental impact assessment shall be carried out when preparing the construction plan. The specific measures shall be formulated separately by the environmental protection administrative department under the State Council in conjunction with the relevant department under the State Council.

Article 28 The environmental protection management of marine engineering construction projects shall be implemented in accordance with the provisions of the State Council on the environmental protection and management of marine engineering.

Article 29 The environmental protection and administration of military facilities construction projects shall be implemented in accordance with the relevant provisions of the Central Military Commission.

Article 30 These Regulations shall go into effect as of the date of promulgation.