The major duties and responsibilities of Zhuhai EPB are:

(I) To implement the state policies, guidelines, laws, and regulations concerning environment protection; to work out the municipal laws, regulations …
 
 

Procedures for Administrative Reconsideration on Environment Protection Issues


I. Scope of Reconsideration
The client may raise an application to the municipal Environment Protection Bureau for reconsideration of any of the following administrative conducts made by the branch bureaus of Doumen County Environment Protection Bureau, Xiangzhou District Environment Protection Bureau or Xicheng District Branch Bureau of the municipal EPB:
(I) Decision on administrative punishment;
(II) Decision on execution of implementing control programs within specified time limits;
(III) Decision on the issue of License for Discharging Contaminants;
(IV) Decision on examination and approval of infrastructure projects;
(V) Decision on examination and approval of industrial projects;
(VI) Decision on examination and approval of tertiary industry projects;
(VII) Decision on the issue of license for constructional operations of environment protection facilities;
(VIII) Decision on check and acceptance of pollution prevention facilities;
(IX) Decision on tolling of contaminants discharge payments by municipal Environment Monitoring & Survey Office;
(X) Any other miscellaneous behaviors or conducts that infringe the lawful rights of the clients.
The client may raise the application for examination and verification on the rules or regulations on the basis of which the practical administrative conducts are made by the environment protection organizations (The targeted issues subject to examination and verification under application do not include the laws, decrees, and regulations).

II. Approaches of Reconsideration:
In written or oral form
III. Time Limits for Application of Reconsideration:
Within 60 days after being informed of the practical administrative conducts
IV. Information Materials to Be Submitted
(I) Letter of Application for Reconsideration of Administrative Decisions;
(II) Documents through which the administrative authorities make the practical administrative conducts;
(III) Personal information about the client (corporate business license, personal ID, letter of authorization for the agents);
(IV) The client should submit certificate to prove that the overdue of the time limits is due to forces majeure of other proper reasons.
VI. Procedures for Reconsiderations:
(I) The client shall make the application within 60 days after the practical administrative conducts are made. In the letter of application, the demand for state compensation may be raised as well;
(II) The municipal Environment Protection Bureau shall determine whether or not to accept the application within 3 working days after receiving the related information papers, and then inform the client of the decision. If the application is not to be accepted, the notification should be made in written form;
(III) The municipal Environment Protection Bureau shall deliver the duplicated copy of the letter of reconsideration or the Xeroxed copy of the written records to the client within 3 working days after accepting the application;
(IV) If there is a third party involved, the municipal Environment Protection Bureau shall notify the third party as well;
(V) The person subject to the issue under application shall make a written reply within 10 days after receiving the related papers, and hand in the evidences, references and other related information materials on the basis of which the practical administrative conducts are made;
(VI) The third party shall make a comment within 10 days after receiving the related information materials;
(VII) The municipal Environment Protection Bureau shall make examination and verification on the evidences, references and other related information, review the lawfulness and rationality of the practical administrative conducts and notify the clients for court examination if necessary. The municipal Environment Protection Bureau may also go to the locale for field survey and investigation;
(VIII) In the case that the applicant proposes a verification on the regulatory documents and that the Environment Protection Bureau has the authority to handle such cases, the EPB shall handle these cases within 15 days. If the EPB does not have the authority to hand the cases, they will be handed over within 7 days to the organizations that have such authority who will handle the cases within 60 days;
(IX) In the process of reconsideration, the municipal EPB, if the applied regulatory document is deemed to be illegal, the case will be handled within 15 days if the EPB has the authority of handling. For the cases that the EPB does not have the authority to handle, they will be handed over within 7 days to the organization with such authority;
(X) During the process of handling the regulatory documents, the procedures of reconsideration shall be suspended, which will not be resumed until the handling of the regulatory documents is completed or the time limit expires;
(XI) The municipal EPB shall make a decision on the reconsideration within 30 days after accepting the application, and delivery the decision to the client (except for the cases that the law terms specify that the time limit for reconsideration of administrative issues is less than 60 days). If the case is of a complicated nature, the time limit can be postponed for a maximum period of 30 days, with the approval of the responsible person of the EPB.
VII. Result of Reconsideration:
(I) If the facts are explicit, the procedures are lawful, the applied law terms are correct and proper, the original decision will be maintained;
(II) In the case that the person subject to issued under application fails to implement the legal liabilities, the decision shall be implemented within a specified time limit;
(III) The decision is to be altered;
(IV) The decision is cancelled and the person subject to the issue under application shall be ordered to make practical administrative conducts within a specified time limit;
(V) The decision is confirmed to be illegal and the person subject to the issue under application shall be ordered to make practical administrative conducts within a specified time limit.
VIII. Rights of the Client
(I) The right to read and check into the related information materials;
(II) The right to withdraw the case, or to withdraw the application for reconsideration;
(III) The right to refuse retaking evidences;
(IV) The right to apply for suspension of the execution of practical administrative conducts;
(V) The right to apply for state compensations;
(VI) The right to start lawsuits;
(VII) Miscellaneous rights specified by the related laws.
IX. Acceptance and Undertaking of Reconsideration
Location of case acceptance: Business Reception Office of Zhuhai Environment Protection Bureau (Tel: 2121405)
Address : No. 11, Haibing N. Road, Xiangzhou District, Zhuhai
Department handling cases: Policy, Law and Regulation Section
Inquiries: 2121402 Fax: 2218740

 


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Notes to
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