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 …
 
 

Guide to Payments for Contaminants Discharge Fee


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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