Decree No.28 of the State Environmental Protection Administration
Date of promulgation: 200509 19; date of implementation: 2005101promulgated by the State Environmental Protection Administration.
Chapter I General Provisions
Chapter II Construction of Automatic Monitoring System
Chapter III Operation, Maintenance and Management of Automatic Monitoring System
Chapter IV Punishment
Chapter V Supplementary Provisions
Adopted at the 10 executive meeting of the State Environmental Protection Administration in 2005 on July 7, 2005, it is hereby promulgated and shall come into force as of June 1 1.
State Environmental Protection Administration (SEPA)
September 2005 19
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with the Water Pollution Prevention Law, the Air Pollution Prevention Law, the Environmental Noise Pollution Prevention Law, the detailed rules for the implementation of the Water Pollution Prevention Law, the regulations on environmental protection of construction projects and the regulations on the collection and use of sewage charges, with a view to strengthening the supervision of pollution sources, implementing the pollutant total discharge control, the pollutant discharge permit system and the pollutant discharge fee system, preventing pollution accidents and improving the scientific and informational level of environmental management.
Article 2 These Measures shall apply to the supervision and management of the automatic monitoring system for key pollution sources.
The construction, management, operation and maintenance of the automatic monitoring system for water pollutants, air pollutants and noise emissions of key pollution sources must abide by these measures.
Article 3 The automatic monitoring system mentioned in these Measures consists of automatic monitoring equipment and monitoring center.
Automatic monitoring equipment refers to the instruments and meters installed at the pollution source site to monitor and monitor the discharge of pollutants, such as flowmeter, operation recorder of pollution control facilities, data acquisition and transmission instrument, etc., and is an integral part of pollution control facilities.
Monitoring center refers to the computer software and equipment that the environmental protection department is connected with automatic monitoring equipment through communication transmission lines to automatically monitor key pollution sources.
Article 4 If the automatic monitoring system is qualified by the environmental protection department and operates normally, its data shall be used as the basis for the environmental protection department to implement environmental supervision and management such as sewage declaration and verification, sewage permit issuance, total amount control, environmental statistics, sewage charge collection and on-site environmental law enforcement, and shall be disclosed to the public in accordance with relevant regulations.
Article 5 The State Environmental Protection Administration shall be responsible for guiding the automatic monitoring of key pollution sources throughout the country, and formulating relevant working systems and technical specifications.
Local environmental protection departments shall, in accordance with the requirements of the State Environmental Protection Administration and the principle of overall consideration, ensuring key points, taking the overall situation into account and acting according to their capabilities, determine key pollution sources that need automatic monitoring and formulate work plans.
Article 6 Environmental monitoring institutions shall be responsible for the following work:
(a) to participate in the formulation of work plans and organize their implementation;
(two) to verify whether the selection, installation and use of automatic monitoring equipment meet the requirements;
(three) to supervise and inspect the construction, operation and maintenance of the automatic monitoring system;
(four) to monitor and manage the automatic monitoring system of key pollution sources in this administrative area;
(five) to verify the automatic monitoring data and submit them to the environmental protection department at the same level and the environmental monitoring agency at a higher level;
(six) put forward opinions on punishment according to law for pollutant discharge units that fail to establish or dismantle, leave idle, shut down and use automatic monitoring system abnormally.
Seventh environmental monitoring agencies are responsible for the following work:
(a) to guide the selection, installation and use of automatic monitoring equipment;
(two) regularly compare and monitor the automatic monitoring equipment, and put forward opinions on the validity of the automatic monitoring data.
Eighth environmental information institutions are responsible for the following work:
(a) to guide the software development of automatic monitoring system;
(two) to guide the networking of the automatic monitoring system and verify whether the networking of the automatic monitoring system conforms to the technical specifications formulated by the State Environmental Protection Administration;
(three) to assist the environmental monitoring institutions to maintain and manage the networked operation of the automatic monitoring system.
Article 9 All units and individuals have the obligation to protect the automatic monitoring system, and have the right to report the abnormal use of the automatic monitoring system, such as idling, dismantling, destroying or changing the parameters and data of the automatic monitoring system without authorization.
Chapter II Construction of Automatic Monitoring System
Article 10 Pollutant discharge units included in the automatic monitoring plan of pollution sources shall build and install automatic monitoring equipment and its supporting facilities within the prescribed time limit, and cooperate with the networking of automatic monitoring systems.
Eleventh new construction, renovation, expansion and technical transformation projects should be based on the requirements of the approved environmental impact assessment documents, the construction and installation of automatic monitoring equipment and its supporting facilities, as an integral part of environmental protection facilities, designed, constructed and put into use at the same time as the main project.
Twelfth automatic monitoring system construction must meet the following requirements:
(1) The relevant instruments in automatic monitoring equipment shall be products that have passed the applicability test of the environmental monitoring instrument testing institution designated by the State Environmental Protection Administration;
(2) Data collection and transmission meet the technical specifications of national standards for data transmission and interface of online automatic monitoring (monitoring) system for pollution sources;
(3) Automatic monitoring equipment shall be installed at the sewage outlets that meet the requirements of environmental protection specifications;
(4) According to the national technical specifications for environmental monitoring, environmental monitoring instruments should be qualified for comparison monitoring;
(five) automatic monitoring equipment and monitoring center can be stably networked;
(six) the establishment of automatic monitoring system operation, use and management system.
Thirteenth automatic monitoring equipment construction, operation and maintenance funds raised by sewage units, environmental protection departments can give subsidies; The funds for the construction, operation and maintenance of the monitoring center shall be compiled and applied by the environmental protection department.
Chapter III Operation, Maintenance and Management of Automatic Monitoring System
Article 14 The operation and maintenance of automatic monitoring system shall comply with the following provisions:
(a) automatic monitoring equipment operators should be in accordance with the relevant provisions of the state, after training and examination, certificates;
(2) The use, operation and maintenance of automatic monitoring equipment conform to relevant technical specifications;
(3) Regular comparison and monitoring;
(four) the establishment of automatic monitoring system operation records;
(five) when the automatic monitoring equipment fails to collect and transmit data normally due to failure, it shall be repaired in time and reported to the environmental monitoring agency, and the data shall be submitted through manual monitoring when necessary.
If the automatic monitoring system is operated and maintained by a third party, the entrusted third party shall apply for the operation qualification certificate of environmental pollution control facilities in accordance with the provisions of the Measures for the Administration of Operation Qualification License of Environmental Pollution Control Facilities.
Fifteenth automatic monitoring equipment needs to be repaired, stopped, removed or replaced, it should be reported to the environmental monitoring agency for approval in advance.
The environmental monitoring institution shall give a reply within 7 days from the date of receiving the report from the pollutant discharge unit; If it is not approved within the time limit, it shall be deemed as consent.
Chapter IV Punishment
Sixteenth in violation of the provisions of these measures, the existing sewage units have not completed the installation of automatic monitoring equipment and its supporting facilities within the prescribed time limit, and the environmental protection department at or above the county level shall order it to make corrections within a time limit and may impose a fine of 1000 yuan.
Article 17 If, in violation of the provisions of these measures, automatic monitoring equipment and its supporting facilities are not installed in new construction, reconstruction, expansion and technical transformation projects, or the main project is formally put into production or use without acceptance or unqualified acceptance, the environmental protection department that examines and approves the environmental impact assessment document of the construction project shall order it to stop production or use of the main project according to the Regulations on Environmental Protection Management of Construction Projects, and may also impose a fine of less than 654.38 million yuan.
Eighteenth in violation of the provisions of these measures, one of the following acts, by the local environmental protection departments at or above the county level according to the following provisions:
(a) deliberately using the automatic monitoring system for water pollutant discharge abnormally, or dismantling, leaving idle or destroying the automatic monitoring system for water pollutant discharge without the approval of the environmental protection department, and discharging pollutants in excess of the prescribed standards;
(2) Unusually using the automatic monitoring system for air pollutant discharge, or dismantling, leaving idle or destroying the automatic monitoring system for air pollutant discharge without the approval of the environmental protection department;
(three) without the approval of the environmental protection department, dismantling, leaving idle or destroying the automatic monitoring system for environmental noise emission, resulting in environmental noise emission exceeding the prescribed standards.
Whoever commits the act in Item (1) of the preceding paragraph shall be ordered to resume normal use or reinstall within a time limit and be fined up to 654.38 million yuan according to Article 48 of the Water Pollution Prevention Law and Article 41 of the Detailed Rules for the Implementation of the Water Pollution Prevention Law; Whoever commits the act mentioned in Item (2) of the preceding paragraph shall be ordered to stop the illegal act, make corrections within a time limit, give a warning or impose a fine of not more than 50,000 yuan in accordance with the provisions of Article 46 of the Law on the Prevention and Control of Air Pollution; Whoever commits the act in Item (3) of the preceding paragraph shall be ordered to make corrections and be fined not more than 30,000 yuan in accordance with the provisions of Article 50 of the Law on the Prevention and Control of Environmental Noise Pollution.
Chapter V Supplementary Provisions
Article 19 These Measures shall come into force as of June 1 2005.
Online monitoring of pollution sources, where to go?
Author: Rain Man 22_22 Date of submission: 2006-11-2910: 01:00.
Author: Lin Xuanxiong (written in 2003)
On-line monitoring of pollution sources, led by the State Environmental Protection Administration, and led by Xi Jiaotong University Tianchang Software Co., Ltd., with the active participation of many instrument manufacturers, has roughly experienced four stages: starting (1999), rapid development (2000), out of control (200 1-2002) and chaos (2003). At present, online monitoring of pollution sources, where to go? A serious problem is facing everyone in the industry.
On-line monitoring of pollution sources is an important content of environmental monitoring and an important work of environmental protection, which has precipitated the industry and supported the cause, but this cause has now reached a difficult stage. How much passion, how much effort, in exchange for such a tragic ending, really forced us to analyze, think, sum up experience and lessons, ask where the road is, and want to know how to go tomorrow, when China's environmental monitoring can form a plate, and lay a solid data foundation for China's environmental governance, which is a concern of the industry.
The present situation of online monitoring of pollution sources shows at least three points: (1) Online monitoring of pollution sources is a very difficult thing to do; (2) Although there is a master plan for online monitoring of pollution sources, there is no consensus on how to do it nationwide, or the "* * * knowledge" of administrative maintenance has not been supported for a long time, and the cause of environmental monitoring lacks cohesion; (3) Different interest groups are tearing at serious scientific research and technical practice.
1. A brief review of history
1999 is the primary stage of online monitoring of pollution sources. In order to meet the needs of environmental management, the State Environmental Protection Administration has launched an online monitoring campaign for pollution sources from the macro level of building a national environmental monitoring network and forming authoritative data of national environmental monitoring. After serious scientific research links such as small test and expanded test, and after investigation and evaluation, Xi Jiaotong University Tianchang Software Co., Ltd. was selected as the lead unit. Leading the online monitoring of pollution sources to the pyramid of centralized distribution, Director Lu Xinyuan, the leader and promoter of online monitoring of pollution sources, put forward two basic points: (1) software unification, maintaining the authority of national environmental monitoring data with standardization and unity of environmental monitoring data; (2) the system is open, and the lower-level documents are released, which reflects fairness, justice and openness. Unified collection and release, administrative application of software, emphasis on management services, liberalization of low-end instruments, and let market rules play a role. At that time, the pattern was that the director of Jiaotong University was well-known, and the low-end instrument manufacturers actually made great efforts to do environmental monitoring (in fact, the contribution of environmental monitoring in recent years was far greater than the harvest, and the downstream manufacturers were no exception, and the director of Jiaotong University paid more). This guiding principle is completely correct so far. It can be said that there is no other way, and it can be asserted that the winner of online monitoring of pollution sources will definitely follow this principle. Director Lu Xinyuan earnestly warned the then director of Jiaotong University: On-line monitoring is by no means easy, and it is difficult to succeed without 8- 10 years of efforts, so we should fully estimate the difficulties and twists and turns. Practice has proved that this statement is correct. According to the deployment of the State Administration of Taxation, the first step is to monitor the pollution discharge of18,000 state-controlled enterprises which account for 65% of the pollution load, and the second step is to monitor the pollution discharge of 230,000 provincial-controlled enterprises which account for 80% of the pollution load. The two steps were completed as scheduled, and China's environmental monitoring (pollution source part) system was initially established. It should be said that the online monitoring of pollution sources was planned and step by step in the initial stage, and the construction idea was emphasized by administrative means, but the technical difficulty of implementation was not fully estimated, and the administrative drive did not form the cohesion based on convergence cognition that environmental monitoring urgently needed, so it was natural to pay the price.
The year 2000 is a period of vigorous development of online monitoring of pollution sources. The General Administration called for a nationwide response. The downstream instrument manufacturers think that the spring of environmental monitoring has arrived, and those who know and are familiar with it have entered the field of environmental protection, thinking that they can quickly dig a bucket of gold, regardless of the technical difficulty and complexity of implementation, and all of them have docked with the software of Jiaotong University. No matter what the installation conditions are, online instruments can be seen everywhere in the open air, in the rain, beside large motors and under strong magnetic fields. The downstream instrument manufacturers are powerful, and Jiaotong University is also beautiful, but in fact they have laid a painful foreshadowing. A few years later, we are still quietly swallowing this cup of bitter wine. Downstream manufacturers suffer, and Jiaotong University suffers even more (some places even become scapegoats). On-line monitoring of pollution sources is a system (three-level system, as shown in figure 1), which is based on lower instruments, with intermediate transmission as a bridge and upper software as a window. Although Jiao Da Tian often occupies both ends of the system (software and adapter), the instrument is the big head, and the value of the system is a gourd (Figure 2). In the whole sales structure, Jiao Da Tianchang's products only account for 10%, and they are low-end instruments.
200 1-2002 is a divergent year, and it is also a painful year for the system. System problems, unstable operation and low online rate. An undercurrent originated in the south and spread all over the country. The denial of the system and the condemnation of the system construction model swept the country like a raging torrent. The system is out of control, the national bureau system is not working, and the head of Jiaotong University is dead. Many places start from scratch and start all over again. Heroes come from troubled times. Although some manufacturers have revealed their true colors, they have made the Environmental Protection Agency and enterprises pay a greater price. One or two years later, we can't help but sigh: How charming this country is, it attracts countless heroes to compete. During this period, what did President Jiaotong University Tian do? Tian, the president of Jiaotong University, reflected, summarized and solved the technical problems of environmental monitoring in his base area where he was silently doing environmental monitoring work. Of course, President Tian of Jiaotong University is responsible for the problems in the construction of the national environmental monitoring information system, but on the other hand, it also shows that the market is impetuous and the industry is not tolerant of scientific research and technical practice.
2003 is a confused year, and how to monitor pollution sources online is once again in front of people. People don't know how to do it, but they can do it. Many companies quit environmental protection and collapsed. Environmental Protection Bureau finds online monitoring difficult, while manufacturers find it difficult to make money, so they should understand more and blame less. Director Tian of Jiaotong University pays attention to environmental protection, continues to do a good job in environmental online monitoring, and vigorously promotes environmental informatization, and puts forward the dumbbell model of environmental informatization. Over the past six years, President Tian of Jiaotong University has fulfilled his social responsibilities step by step. In four years, she investigated 14 cities, visited 140 charging experts, and launched a sewage charge collection management system, which laid the foundation for realizing the integration of three tables, and was highly praised by academicians and software experts and affirmed by more than 40 environmental protection directors.
This year, Ren Tian, the head of Jiaotong University, finally understood the environmental monitoring, recognized the trap of the industry, sized up the situation, "moved northward", opened up a new direction, and was determined to grasp the strategic focus and seize the fifth historic opportunity brought by environmental protection to China.
2. Analysis of unsuccessful reasons
Today's online monitoring of pollution sources can't be said to be a complete failure, but at least it can be said to be unsuccessful or faulty. So what is the reason for the failure? The monitoring position of online monitoring of pollution sources is at the junction point (surface) between enterprises and the outside world, that is, the discharge port (Figure 3), which involves the Environmental Protection Bureau and enterprises. Monitoring enterprises is the purpose of serving the Environmental Protection Bureau, and enterprises have no enthusiasm. In-depth monitoring of the enterprise's process environment (Figure 4) serves the enterprise, but it is not something that ordinary enterprises can do.
The online monitoring of pollution sources around the discharge port is unsuccessful because: (1) Because enterprises don't need to consider environmental costs, the current environmental awareness of enterprises makes them unwilling to install online monitoring equipment, thinking that installing online monitoring equipment means spending money on handcuffs; (2) On-line monitoring technology is not completely passed, especially the quality problems of instruments give enterprises more excuses not to install, and even the phenomenon of man-made destruction; (3) There is a problem with the construction mechanism, and the online monitoring equipment lacks the operation management mechanism (even if the quality is completely passed, there must be operation management). These three reasons are intertwined, which leads to the difficulty and difficulty of online monitoring of pollution sources, and few of them are done well, especially on a large scale.
3. Where is the road?
From the analysis of unsuccessful reasons, we can see that there are three key factors that affect the success of online monitoring of pollution sources. The first factor is the environmental awareness of enterprises. It goes without saying that enterprises realize that environmental protection takes a long time and a long process, which cannot be shortened unless legislation is passed. Therefore, it is unrealistic to expect the online monitoring market of pollution sources to get up quickly, and it is unwise to try to win market share by price war, so we can only start from two other aspects: (1) improving technology to make the system fully functional and reliable in quality; (2) Establish an operation management organization and regularly maintain and manage the system. This is a feasible way to monitor pollution sources online. Manufacturers engaged in online monitoring should strive to improve technology and quality, and the Environmental Protection Bureau should urge the establishment of operation management institutions and the implementation of operation management. In addition, it is necessary to urge a group of integration companies that are independent of instrument manufacturers and have the ability of system integration to complete the online monitoring project of pollution sources.
After several years of exploration, a series of lessons have made the industry reach a certain understanding: online monitoring is technically difficult and difficult to implement. Zhang Tian, the head of Jiaotong University, now finally knows what to do and what not to do, and has made four base areas (models) in China. At present, huge R&D funds are being invested to do two things: (1) developing a highly reliable and multifunctional field monitoring platform (Figure 5); (2) Research and develop the upper information sharing platform (Figure 5). Based on the experience and lessons of these years and a deep understanding of environmental monitoring, research and development will be a brand-new model and will certainly produce brand-new results.
Where is the way to online monitoring of pollution sources? The road is under your feet.
There are many units. These are the foundations. Look at that.