In order to strengthen the supervision of pollution sources and standardize the automatic monitoring management of key pollutant discharge units, the Provincial Department of Ecology and Environment has formulated the Measures for the Administration of Automatic Monitoring of Pollution Sources in Shaanxi Province, which was deliberated and adopted at the second office meeting on 20021,and is hereby printed and distributed to you, please follow them.
Shaanxi Provincial Department of Ecology and Environment
20212 March
Measures for the Administration of Automatic Monitoring of Pollution Sources in Shaanxi Province
Article 1 In order to strengthen the automatic monitoring and management of pollutant discharge units, according to the Environmental Protection Law of People's Republic of China (PRC), the Water Pollution Prevention Law of People's Republic of China (PRC), the Air Pollution Prevention Law of People's Republic of China (PRC), the Environmental Protection Tax Law of People's Republic of China (PRC), the Regulation on the Management of Pollutant Discharge Permit, the Regulation on the Prevention and Control of Air Pollution in Shaanxi Province, the Measures for the Administration of Automatic Monitoring of Pollution Sources and the Regulation on the Administration of Pollution Sources.
Article 2 These Measures shall apply to the installation, operation, supervision and management of automatic monitoring equipment of key pollutant discharge units in Shaanxi Province, as well as the application and management of automatic monitoring data.
Article 3 The key pollutant discharge units of atmospheric environment and water environment listed in the list of key pollutant discharge units shall install automatic monitoring equipment for pollutant discharge according to the requirements of relevant national and provincial standards, specifications and documents, and connect with the monitoring equipment of the ecological environment administrative department to ensure the normal operation of the automatic monitoring equipment, and be responsible for the authenticity and accuracy of the automatic monitoring data.
Fourth Provincial Department of Ecology and Environment is responsible for the unified supervision and management of automatic monitoring of key pollutant discharge units in the province. The municipal ecological environment department with districts is responsible for the daily supervision and management of automatic monitoring of pollution sources within their respective administrative areas, while Yangling Demonstration Zone, Xixian New Area and hancheng city are responsible for the daily supervision and management of automatic monitoring of pollution sources within their respective jurisdictions.
After the release of the list of key pollutant discharge units, the competent department of ecological environment of the city (district) should pay close attention to formulating the work plan of automatic monitoring and installation networking of pollution sources and report it to the provincial department of ecological environment for the record, and urge the key pollutant discharge units of the atmosphere and water environment to complete the installation and networking of automatic monitoring equipment before the end of September of that year.
Fifth key pollutant discharge units shall install automatic monitoring equipment in the following sewage outlets:
(a) the units that have issued the sewage discharge permit, and the discharge outlets that should be automatically monitored as stipulated in the sewage discharge permit, except that the enterprise sewage is handed over to other enterprises or centralized sewage treatment facilities in the park.
(II) Units that haven't issued pollution discharge permits, according to the technical specifications for the application and issuance of pollution discharge permits in related industries, technical guidelines for self-monitoring, emission standards and relevant policies of the Ministry of Ecology and Environment and the Provincial Department of Ecology and Environment, screen out the main organized waste gas outlets and waste water outlets.
If the discharge ports mentioned in Items (1) and (2) of this article do not meet the installation requirements of measuring points specified in the technical specifications and relevant policies and cannot be rectified, or it is economically infeasible to carry out renovation for the installation and use of equipment, proof materials such as situation description, third-party monitoring report and on-site photos shall be provided. After verification by the local ecological environment department, automatic monitoring equipment may not be installed for the time being.
Article 6 The automatic monitoring items of sewage outlets equipped with automatic monitoring equipment for pollution sources shall be determined in accordance with the following provisions:
(a) the unit that issued the sewage permit, and the items that should be automatically monitored in the sewage permit.
(2) Projects that should be automatically monitored in accordance with the technical specifications for application and issuance of pollutant discharge permits in related industries, technical guidelines for self-monitoring, emission standards and related policies promulgated by the Ministry of Ecology and Environment and the Provincial Department of Ecology and Environment.
(three) there is no normative basis, determined in accordance with the following provisions:
1. In principle, the monitoring items of waste gas outlet should include sulfur dioxide, nitrogen oxides, particulate matter, and flue gas parameters such as temperature, pressure, flow rate or velocity, humidity and oxygen content. The main export of volatile organic compounds should also include non-methane total hydrocarbons.
2. In principle, the monitoring project of wastewater discharge port should include chemical oxygen demand, ammonia nitrogen, pH and flow, and the key industries of nitrogen and phosphorus discharge should also include total nitrogen and total phosphorus; Automatic wastewater monitoring equipment should be equipped with automatic water quality sampler and measure mixed water samples.
If the pollutant emission concentration is lower than the detection limit of the existing automatic monitoring equipment, or the pollutant has no emission limit and total emission control requirements for the time being, and it is not necessary to implement automatic monitoring, it shall provide proof materials such as situation description and third-party monitoring report, and after verification by the local ecological and environmental department, it may temporarily suspend the automatic monitoring of the project.
Article 7 After the installation of automatic monitoring equipment is completed, key pollutant discharge units shall conduct debugging (testing) and trial operation of the automatic monitoring equipment with reference to relevant technical specifications, and network the automatic monitoring equipment with the competent department of ecological environment within the prescribed time limit, and organize relevant acceptance of automatic monitoring by themselves (including construction acceptance, equipment acceptance or technical index acceptance, networking acceptance and operation and maintenance scheme acceptance). Since the date of acceptance, the pollutant discharge unit can use the automatic monitoring data for the calculation of taxable pollutant discharge of environmental protection tax, the disclosure of environmental information, and the preparation of the implementation report of pollutant discharge permit, etc.
Key pollutant discharge units shall, within 5 working days after the acceptance of the automatic monitoring facilities of pollution sources, report the relevant information of the automatic monitoring facilities of pollution sources to the competent department of ecological environment for the record.
Eighth key pollutant discharge units shall, in accordance with the relevant technical specifications, regularly carry out routine inspection, calibration, calibration and other maintenance work on automatic monitoring equipment. If the equipment breaks down, it shall be repaired in time, and the operations such as maintenance and fault repair shall be truthfully recorded and kept in the automatic monitoring equipment station for future reference, and the storage time shall not be less than 1 year; If it is really necessary to stop using, dismantle or replace automatic monitoring equipment, it shall be reported to the competent department of ecological environment for approval in advance; Major changes have taken place in the replacement of major equipment or core components, sampling location or installation location of major equipment of automatic monitoring facilities for pollution sources, which shall be re-organized for acceptance and reported to the competent department of ecological environment for the record.
If the automatic monitoring equipment stops running or cannot run normally due to equipment failure, maintenance and other reasons. , and the automatic monitoring data is obviously distorted, the sewage unit shall report to the competent department of ecological environment within 12 hours, and report the reasons and equipment in writing to ensure normal operation within 5 working days. During the shutdown period, the pollutant discharge unit shall organize manual monitoring, the monitoring interval of wastewater discharge port shall not exceed 6 hours, the data shall be submitted no less than 4 times a day, and the monitoring frequency of waste gas discharge port shall not be less than 1 day 1 time. When sewage units carry out manual monitoring, the construction and operation of laboratories shall conform to the relevant national standards; In the form of entrusted monitoring, environmental monitoring institutions with qualification certificates of inspection and testing institutions shall be entrusted.
Ninth automatic monitoring equipment after the normal operation of the automatic monitoring data, can be used as the basis for the supervision and management of the competent department of ecological environment. Automatic monitoring data can be used for environmental administrative punishment only after it is verified by the competent department of ecological environment and forms an evidence chain with other relevant evidence. Among them, the hourly average or daily average of automatic monitoring data exceeds the standard as the basis for identifying illegal sewage discharge by sewage units.
Article 10 If the on-site monitoring data entrusted by the competent department of ecological environment is inconsistent with the automatic monitoring data of the pollutant discharging unit in the same period, and the on-site monitoring data conforms to the statutory monitoring standards and methods, the on-site monitoring data shall be given priority as the basis for judging whether the pollutant discharge reaches the standard or not, and can also be used as one of the basis for judging whether the automatic monitoring equipment operates normally.
Eleventh Shaanxi province to implement electronic supervision system for automatic monitoring data exceeding the standard (abnormal). If the daily average value of automatic monitoring data exceeds the standard or is abnormal, an electronic supervision form will be sent to the supervision contacts of the ecological and environmental departments of cities and counties and key pollutant discharge units through the electronic supervision system.
Cities and counties in charge of ecological environment and key pollutant discharge units shall conduct preliminary verification of the supervision contents within 24 hours after receiving the supervision form, and within 5 working days, cities and counties in charge of ecological environment shall complete on-site evidence collection and related disposal work in accordance with the requirements of national and provincial laws and regulations, and record and archive relevant information in the supervision system.
Article 12 After the automatic monitoring equipment of key pollutant discharge units is installed and networked, according to the requirements of the Ministry of Ecology and Environment and the Provincial Department of Ecology and Environment on the disclosure of environmental information of enterprises and institutions, the automatic monitoring data and information will be disclosed through the "Shaanxi Provincial Environmental Information Disclosure Platform for Enterprises and Institutions", the platform released by the municipal (district) ecological environment department, the enterprise website, the electronic bulletin board of the enterprise factory area, etc. The public information should at least include the name of the discharge port, the monitoring date, the types of pollutants, the hourly average (or daily average) of the automatic monitoring data, and the pollutant discharge limit.
Key pollutant discharge units shall realize the automatic real-time disclosure of automatic monitoring data information, prohibit tampering, forgery and screening of public data, and be responsible for the authenticity, accuracy, effectiveness and integrity of public data.
Article 13 If key pollutant discharge units fail to install and use automatic monitoring equipment for pollutant discharge in accordance with regulations, fail to connect with monitoring equipment of the competent department of ecological environment in accordance with regulations, or fail to ensure the normal operation of monitoring equipment, they shall be punished in accordance with the provisions of Item (2) of Article 82 of the Law on Prevention and Control of Water Pollution in People's Republic of China (PRC) or Item (3) of Article 100 of the Law on Prevention and Control of Air Pollution in People's Republic of China (PRC).
Fourteenth key pollutant discharge units that discharge pollutants in excess of the permitted discharge concentration or permitted discharge shall be punished in accordance with the provisions of Item (1) of Article 34 of the Regulations on the Administration of Pollutant Discharge Permits.
Fifteenth key pollutant discharge units that fail to report abnormal data transmitted by automatic monitoring equipment for pollutant discharge or abnormal conditions such as pollutant discharge exceeding pollutant discharge standards shall be punished in accordance with the provisions of Item (8) of Article 36 of the Regulations on the Administration of Pollutant Discharge Permit.
Sixteenth key pollutant discharge units that fail to disclose or truthfully disclose pollutant discharge information in accordance with the provisions of the pollutant discharge permit shall be punished in accordance with the provisions of Item (7) of Article 36 of the Regulations on the Administration of Pollutant Discharge Permit.
Seventeenth key pollutant discharge units through tampering, forgery of automatic monitoring data, or abnormal operation of pollution prevention and control facilities to escape supervision, illegal discharge of pollutants, in accordance with the "Regulations" of the thirty-fourth paragraph (two) of the provisions of punishment.
Article 18 If key pollutant discharge units and third-party operation and maintenance units tamper with or falsify automatic monitoring data or interfere with automatic monitoring facilities, which is suspected to constitute a crime, they shall be transferred to judicial organs according to Article 10 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Environmental Pollution (Fa Shi [2065] No.438+06) and the provisions of Article 286 or Article 300 of the Criminal Law of People's Republic of China (PRC).
Article 19 The competent department of ecology and environment shall promptly notify the relevant departments of the key pollutant discharge units that have fraudulent automatic monitoring data, and cancel their relevant preferential policies such as environmental protection electricity price, tax reduction and exemption in accordance with relevant regulations.
Twentieth after the promulgation of these measures, the Ministry of Ecology and Environment or the provincial department of Ecology and Environment has new regulations on automatic monitoring and management, and the relevant industries have special regulations on automatic monitoring and management, which shall prevail.
Twenty-first sewage units outside the scope of the provisions of article third of these measures, actively cooperate with the competent department of ecological environment to install automatic monitoring equipment and network monitoring equipment, with reference to these measures.
Article 22 These Measures shall come into force as of the date of promulgation.