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I. Legal Basis for Tolling of Contaminants Discharge
Fees:
(I) Article 28 Section I of the LAW OF ENVIRONMENT
PROTECTION OF THE PEOPLE'S REPUBLIC OF CHINA;
(II) Article 15 Section I of the LAW ON WATER
POLLUTION PREVENTION & CONTROL OF THE P.R.C;
(III) Article 14 Section I of the LAW ON ATMOSPHERIC
POLLUTION PREVENTION & CONTROL OF THE P.R.C;
(IV) Article 16 Section I of the LAW ON NOISE
POLLUTION PREVENTION & CONTROL OF THE P.R.C;
(V) Article 12 Section I of the METHOD OF IMPLEMENTING
LAW ON NOISE POLLUTION PREVENTION & CONTROL
OF THE P.R.C IN GUANGDONG PROVINCE;
(VI) Article 34 Section II, Article 48 Section
I of the ENVIRONMENT PROTECTION LAW OF THE PEOPLE'S
REPUBLIC OF CHINA AGAINST POLLUTION AND CONTAMINATION
BY SOLID WASTES;
(VII) PROVISIONAL METHOD FOR TOLLING CONTAMINANTS
DISCHARGE FEES issued by the State of Council
(GF [1982] No. 21);
(VIII) IMPLEMENTATION METHOD ON TOLLING EXCESSIVE
DISCHARGE OF CONTAMINANTS FEE IN GUANGDONG PROVINCE
(YF [1990] No. 74);
(IX) CIRCULAR CONCERNING MODIFICATION ON CHARGE
RATES FOR EXCESSIVE SEWAGE DISCHARGE AND EXCESSIVE
NOISE POLLUTION ((91) YHZ No. 150) jointly issued
by Guangdong Environment Protection Bureau, Guangdong
Pricing Bureau, Guangdong Finance Department for
the implementation of the document with the same
title issued by the State Environment Protection
Bureau, the State Pricing Bureau and the Ministry
of Finance;
(X) CIRCULAR CONCERNING TOLLING FEES ON DISCHARGE
OF SULFUR DIOXIDE (YH [1944] No. 89) jointly issued
by Guangdong Environment Protection Bureau, Guangdong
Pricing Bureau, and Guangdong Finance Department
Economic Committee.
II. Tolling Office: Zhuhai Environment Monitoring
& Survey Office
III. Targeted Payers and Items of Payments:
IV. (I) Targeted payers: enterprises, institutions,
armed forces units, individual business operators,
business partners and individuals.
(II) Items of payments:
1. Payment for excessive discharge of contaminants
1) Payment for excessive discharge of waste water:
The waste water contaminants discharged by the
payer exceed the level specified in the STANDARDS
FOR COMPREHENSIVE DISCHARGE OF WATER POLLUTANTS
IN ZHUHAI (DB44/65-94);
2) Payment for excessive discharge of exhausted
air: The air exhausts discharged by the payer
exceed the level specified in the STANDARDS FOR
COMPREHENSIVE DISCHARGE OF ATMOSPHERIC POLLUTANTS
IN ZHUHAI (DB44/66-94);
3) Payment for excessive discharge of solid wastes
(residues): The payer who discharges solid wastes
contaminants has not built up storage or treatment
facilities for the solid wastes, or disposes the
hazardous wastes not in compliance with the regulations
specified by the environment protection administrative
authorities under the State Council;
4) Payment for excessive noises: The industrial
or household noises produced by the payer exceed
the level specified in the STANDARDS OF ENVIRONMENTAL
NOISES IN URBAN DISTRICTS. The payment for production
of constructional noises shall follow the regulations
specified in the METHODS FOR TOLLING EXCESSIVE
CONSTRUCTIONAL NOISES PAYMENTS IN ZHUHAI.
2. Payment for discharge of sulfur dioxide.
V. Charge Rates:
(I) Charge rate of payment for excessive discharge
of waste water:
This charge rate shall comply with the Appendix
I of the CIRCULAR CONCERNING MODIFICATION ON CHARGE
RATES FOR EXCESSIVE SEWAGE DISCHARGE AND EXCESSIVE
NOISE POLLUTION issued by the State Environment
Protection Bureau, the State Pricing Bureau and
the Ministry of Finance ((91) HJ No. 262 Document);
Remarks:
1. Amount of payment = unit price of payment for
excessive discharge × total amount of the discharged
contaminants (ton, times)
In which: The total amount of the discharged
contaminants (ton, times) = amount of sewage discharge
× multiplication times of excessive contaminants
in the sewage above the specified level
The basis for the demarcation of excessiveness
of contaminants is the demarcation line value
of the total amount of discharged contaminants.
When the multiplication times of the excessiveness
is no larger than the demarcation line value:
amount of payment = unit price A × total amount
of discharged contaminants
When the multiplication times of the excessiveness
is larger than the demarcation line value: amount
of payment = unit price B × total amount of discharged
contaminants (ton, multiplication times) + Class
B initial payment.
2. Total amount of excessive PH value = difference
between the PH value of the excessive sewage and
the discharge standard level × amount of discharge
of sewage.
3. When the "Maximum allowed water discharge
amount and minimum allowed recycling rate"
in Table 3 of the STANDARDS FOR COMPREHENSIVE
DISCHARGE OF SEWAGE is applied, the amount of
excessive discharged sewage is to be charge at
the local lowest water supply charge rate. This
payment is to be added to the payment for excessive
discharge of sewage, and tolled together.
4. The charge rate of the payment for the excessive
discharge of causative agents sewage shall be
RMB 0.14 per ton of water.
(II) Charge rate of payment for discharge of solid
wastes (residues):
In accordance with the Appendix II of Document
YF [1990] No. 74;
Remarks:
1. Any dumping or discharging of sewage into the
water bodies or piling of extremely toxic residues
without water-proof and leakage-proof measures
should be stopped immediately in addition to the
tolling of payments. The organization or individual
involved in such actions should be ordered to
clear the grounds contaminated.
2. The item of "power plant coal and charcoal"
is only applicable to those coal burning power
plants that have been put into operations without
building up the ash ground before the (Provisional)
LAW ON ENVIRONMENT PROTECTION was enforced. Any
other power plants (including the expansion of
the above-said power plants) shall apply the standards
for industrial residues when discharging powdered
ashes and slag.
3. No payment is tolled for the time being for
the slag stacked at the tail mine dams, ash grounds
or residue (including coal gangues) special stacking
sites.
4. For the item of radioactive residues, no payment
shall be charged for the residues disposed at
the stacking grounds with proper flood-resistance
and runaway-proof facilities.
5. The excessive discharge of the waste water
from the fixed stacking grounds of residues shall
be tolled at the charge rate for discharge of
water contaminants.
(III) Charge rate of payment for discharge of
air exhausts:
1. The charge rate shall follow the Appendix I
in Document YF [1990] No. 74 for discharge of
excessive air exhausts;
Remarks:
1) No payment is charged at present for the steam
locomotives and some other mobile sources of contaminants.
But the discharge from these sources should meet
the specified standards.
2) The intermittent discharge of smoke and dust
should last no longer than 5 minutes in any hour
of the day; and the charge rates are to be calculated
on the basis of the maximum concentration level
of discharged smoke or dust.
3) In the case of fuel burning, 0.5 ton of fuel
is to be converted to 1 ton of coal in calculation;
in the case of firewood burning, 2 tons of firewood
are to be converted to 1 ton of coal in calculation.
4) Any random discharge of toxic or harmful substances
into the neighborhood with a concentration level
above the maximum allowed value specified in the
TJ36-79 HEALTH STANDARDS FOR INDUSTRIAL ENTERPRISE
DESIGNING for the harmful substances in the atmosphere
shall be tolled at the charge rate for "Odorants".
5) Grade I, II, and V of "Odorants"
refers to the intensities of the odorants.
6) Any enterprise that discharges air exhausts
from organic solutions not meeting the requirements
specified in the TJ36-79 HEALTH STANDARDS FOR
INDUSTRIAL ENTERPRISE DESIGNING within the bounds
of residential areas shall be charged on the basis
of the volumes of materials used. For each kilogram
of organic solution, RMB 0.6 will be charged.
For organic solutions with gasoline, each kilo
will be charged RMB 0.2. For use of paints, each
kilo will be charged RMB 0.2. For use of alcohol,
no payment will be charged for the time being.
2. For sulfur dioxides, each kilo will be charged
RMB 0.15 as specified in Document GF [1994] No.
89.
(IV) Charge rates of payment for noises:
1. In accordance with Appendix II of Document
(91) HJZX No. 62;
Remarks:
1) For an organization, there might be many sources
of noises that exceed the specified level. The
charge rate of the payment for the excessive noises
shall be based on the spot with the highest level
of noise. In the case that there are a number
of different operation sites, the payments are
to be charged one by one.
2) In the case that the noises produced both at
daytime and nighttime exceed the specified levels,
the payments will be charged respectively in accordance
with the corresponding charge rates. And the payments
are the sum of the two.
3) In the case that the noises exceed the specified
level in less than fifteen days within a month
(either at daytime or during nighttime), the charges
will be cut by half.
2. Charge rates of payment for constructional
noises:
In the case that the total construction cost is
below RMB 5 million (including 5 million), the
monthly charge will be RMB 800. For constructional
projects with building costs over RMB 5 million
but below 10 million (including 10 million), the
monthly charge will be RMB 1,000. For constructional
projects with building costs over RMB 10 million
but below 50 million (including 50 million), the
monthly charge will be RMB 1,300. For constructional
projects with building costs over RMB 50 million,
the monthly charge will be RMB 1,500.
V. The procedures for the collection of the payments
for discharge of contaminants are shown in the
figure below:
Remrk: The payment for construction noises is
to be collected during the process of handling
procedures for examination and approval on environment
impacts.
VI. Points of Attention
(I) With regard to the application for approval
on discharge of contaminants
The applicant should, no later than the 10th day
of each month, report to the related authority
about the type, quantity and concentration (intensity,
density) of the contaminants. In the case that
the information reported by the applicant is contradictory
to the verification result by the monitoring &
surveying organization, the verification result
will prevail.
(II) With regard to the doubled payment amounts
The payments for discharge of contaminants will
be doubled in the case that the project is a new,
expanded or modified one started after the publication
of the LAW OF ENVIRONMENT PROTECTION OF THE PEOPLE'S
REPUBLIC OF CHINA (for trial implementation) (on
September 13 of 1979; or that the project is one
subject to forced implementation of rectification
measures within specified time limit by the people's
government above county level; or that the enterprise
is to be moved or to switch to other production
within specified time limit but failed to do so
with the discharge of contaminants remaining excessive
to the standards; or that the contaminant disposal
facilities are dismantled or stop operating without
the authorization by the environment protection
authorities which leads to the excessive discharge
of contaminants.
(III) With regard to the increase of charge rates
The payments for discharge of contaminants do
not mean the exemption of the liabilities to take
effective measures to bring the contamination
under control. The payers shall, from the third
year and on, will have to pay an extra at an annual
increase rate of 5 % if they do not meet the requirements
set in the specified standards. In the case that
the contamination brings about any damages or
losses, the payer involved will have to be responsible
for the compensations and other legal liabilities.
(IV) With regard to the surcharges on overdue
payments and related punishments
Within 10 days after receiving the LETTER OF NOTIFICATION
FOR COLLECTING PAYMENTS FOR DISCHARGE OF CONTAMINANT
issued by the monitoring & surveying organization,
the party discharging contaminants should make
the payments as specified in the Letter of Notification.
In the case that the party fails to make the payment
as specified, it will be forfeited with administrative
punishments. A surcharge at the rate of 0.1% of
the total sum of payment for discharge of contaminants
will be tolled.
(V) With regard to the administration reconsideration
and administrative proceedings
In the case that the party discharging contaminants
refuses to accept the tolled payments for discharge
of contaminants, it may, within 60 days after
receiving the letter of notification, make an
application for reconsideration to Zhuhai Municipal
People's Government of to Guangdong Provincial
Environment Protection Bureau; or to start a lawsuit
at the local people's court within three months.
Whatever the case may be, the payments for discharge
of contaminants are not to be suspended. If no
application for reconsideration is made, nor a
lawsuit is started without making the payments,
the environment protection bureau will apply to
the people's court for an enforced execution.
(VI) With regard to the reduction or suspension
of payments for discharge of contaminants
Any organization or individual discharging contaminants
who has, after taking rectification measures,
reduced the discharge to a level below the specified
limit or stopped discharging contaminants in one
way or the other, should make timely report to
the monitoring & surveying office, and make
application for reduction or suspension of the
payments for discharge of contaminants. With the
approval by the monitoring & surveying authority,
the payments can be reduced or suspended. In the
case that the payer has discrepancies to the sum
of payments or to the administrative punishments,
he may, within 15 days after receiving the letter
of notification for the payments or forfeited
fines, make an application to the superior authority
for reconsideration. The organization accepting
the application should, within 20 days after receiving
the application for reconsideration, make a decision
on reconsideration. If the payer refuses to accept
the reconsideration results, he may start a lawsuit
to the people's court in accordance with the regulations
specified in the LAW OF CIVIL PROCEEDINGS OF THE
P.R.C. The payer can also, within 15 days after
receiving the letter of notification for payments
or forfeited fines, start a lawsuit directly to
the people's court. In the case that the payer
does not make application for reconsideration,
nor starts a lawsuit to the people's court, nor
makes payments for the discharge of contaminants
or forfeited fines, the monitoring & surveying
organization may make legal application to the
people's court for a mandatory implementation.
VII. Address and telephone number for contacts
Address: Zhuhai Environment Monitoring & Survey
Office, No. 1, Xinguangli, Xiangzhou District,
Zhuhai
Tel: 2113420, 2221734, 2256124
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