2 all enterprises and individual operators engaged in service industry in the urban areas of this municipality (hereinafter referred to as service industry project operators) shall abide by these measures.
Article 3 The service industry mentioned in these Measures refers to the following industries that directly or indirectly discharge pollutants into the surrounding environment:
(1) Hotels, hotels and service industries;
(2) catering services;
(3) entertainment service industry;
(4) services such as washing and dyeing, beauty care, physical fitness, bathing, photography and printing;
(e) service industry;
(f) service industry;
(g) service industry;
(h) service industry;
(i) service industry;
(j) service industry;
(ii) service industry;
(iii) service industry;
(iv) service industry.
(5) Motor vehicle maintenance, maintenance, cleaning and hardware maintenance and processing services.
the specific business items of the above-mentioned service industry (hereinafter referred to as service items) shall be announced by the competent administrative department of environmental protection of Hangzhou Municipal People's Government (hereinafter referred to as the municipal environmental protection department) in conjunction with Hangzhou Administration for Industry and Commerce.
the environmental protection management of the unit canteen shall be implemented with reference to these measures.
article 4 the municipal environmental protection department shall exercise unified supervision and management over the environmental protection of service industries.
the relevant administrative departments of planning, construction, industry and commerce, housing management, urban management, public security, culture, health, commerce and trade, quality and technical supervision, urban management and law enforcement, etc. shall, according to their respective responsibilities, implement these measures.
article 5 when building, rebuilding, expanding and relocating service industry projects, the environmental impact assessment of construction projects shall be conducted in accordance with the provisions of environmental protection laws and regulations.
for the service projects that implement the environmental protection approval commitment system, the environmental protection department shall inform the operators of the service projects in writing of the requirements for the prevention and control of environmental pollution, and the operators shall undertake to fulfill the corresponding obligations in writing. If the operator makes a commitment, it shall be deemed that he has gone through the formalities for examination and approval of environmental impact assessment. The specific scope and mode of implementation of the notification commitment system shall be formulated separately by the municipal environmental protection department in conjunction with the municipal administrative department for industry and commerce.
the administrative department for industry and commerce shall not issue a business license if the service project has not gone through the environmental impact assessment licensing procedures or the commitment system has not been implemented.
Article 6 It is forbidden to set up new service items that produce oil fume, odor, noise pollution and vibration pollution in the following areas and places:
(1) Residential buildings;
(2) commercial and residential buildings without dedicated flue;
(3) floors adjacent to residential buildings.
the owner or manager shall not lease or lend the property specified in the preceding paragraph to other units or individuals to operate the service projects that produce oil smoke, odor, noise pollution and vibration pollution.
article 7 strictly control the establishment of new service projects that generate oil smoke, odor, noise and vibration within 15 meters of residential buildings, hospitals, schools, nursing homes, party and government organs and other buildings.
in the area specified in the preceding paragraph, if it is really necessary to set up a service project that produces oil smoke, odor, noise and vibration, the construction unit shall solicit the opinions of relevant units and the public around the project site, and when going through the formalities for examination and approval of environmental impact assessment, it shall be accompanied by explanations from relevant units and the public around whether to adopt or not to adopt the opinions. Soliciting opinions can take the form of announcement and hearing.
Article 8 In case of any of the following circumstances, the relevant alteration procedures shall be handled in accordance with the regulations before the project starts:
(1) The service project without oil fume pollution is changed into the service project with oil fume pollution;
(2) major changes have taken place in pollutant discharge, quantity, type, destination and discharge mode.
article 9 if a new service project needs to be equipped with environmental protection facilities, the environmental protection facilities must be designed, constructed and put into use at the same time as the main project (hereinafter referred to as "three simultaneities"), and the completion acceptance shall be carried out in accordance with the relevant provisions of the state environmental protection department.
if a newly started service project with built environmental protection facilities needs to be put into trial operation, the service project operating unit shall report to the environmental protection department for the record and apply for acceptance of environmental protection facilities within three months from the date of trial operation.
article 1 service project operators shall use clean energy such as pipeline gas, liquefied petroleum gas and electricity, and shall not use highly polluting fuels such as coal and oil.
the service projects that have been completed before the implementation of these measures use fuels such as coal and oil, and clean energy such as pipeline gas, liquefied petroleum gas and electricity shall be used within the time limit specified by the municipal government.
Article 11 Operators of oil fume and odor service projects must set up supporting facilities to prevent and control oil fume and odor pollution, and the treatment of oil fume and odor shall meet the national and local emission standards.
The installation of oil fume exhaust facilities shall meet the following requirements:
(1) The smoke outlet or special flue must be provided with permanent sampling monitoring holes and related facilities in accordance with relevant national and local regulations;
(2) Where the height of a building is below 24 meters (including 24 meters), the smoke outlet shall be higher than the highest point of the building, and shall not directly face the sensitive points of residential buildings; If the height of the building is more than 24 meters, the design of the smoke outlet shall meet the requirements of environmental pollution prevention and control, and the specific design specifications shall be formulated and promulgated by the municipal environmental protection department.
for the productive service items that have been provided with oil fume purification facilities before the implementation of these measures, the oil fume purification facilities have not been installed or the installed facilities do not meet the environmental protection requirements, the local environmental protection department shall order them to install or transform them within a time limit.
Article 12 Service project operators shall ensure the normal use of their smoke exhaust facilities and strengthen maintenance. Any of the following acts shall be deemed as not working normally:
(1) Idling or dismantling the oil fume purification facilities without authorization;
(2) Failing to carry out regular maintenance and maintenance of oil fume purification facilities in accordance with relevant regulations;
(3) the maintenance records of the oil fume purification facilities cannot be provided or the maintenance records are incomplete.
Article 13 Service operators are not allowed to discharge oil fume in the following ways:
(1) The oil fume is discharged unorganized through the oil fume exhaust pipeline or special flue;
(2) discharged through urban public * * *, rainwater or sewage pipes.
article 14 when the sewage generated by service projects is discharged into urban public facilities, a standardized grease trap and residue filtering device shall be set up to meet the standards of urban sewage pipe network.
in the area where there is no urban public sewage pipeline, pollution prevention measures should be taken for the sewage generated by service projects, and it can only be discharged after the sewage treatment reaches the standard.
article 15 service industry project operators shall properly collect oily wastes such as waste oil (hereinafter referred to as waste edible oils and fats) and treat them centrally by professional disposal units that have obtained business licenses, and shall not discharge or dump them without authorization.
units and individuals without business licenses are prohibited from engaging in the collection and disposal of waste edible oils and fats.
article 16 kitchen waste generated by catering services shall be collected, transported and disposed of according to the requirements of city appearance and environmental sanitation management.
article 17 hazardous wastes such as waste developer and fixer generated from photographic printing services must be disposed of in accordance with the relevant regulations on hazardous waste management, and shall not be discharged or dumped at will.
Article 18 The noise generated by border services shall meet the national environmental noise emission standards.
service project operators should take effective measures in their business activities to eliminate or reduce the impact of noise from their business activities on the surrounding environment, and they are not allowed to set up and use audio equipment that produces high noise pollution outdoors.
Article 19 It is forbidden to use the following products in the business activities of service projects:
(1) disposable non-degradable foamed plastic tableware and non-naturally degradable plastic bags with a thickness of less than .25mm (inclusive);
(2) phosphorus-containing detergent.
article 2 strictly control the installation of commercial air conditioners near sidewalks in commercial areas, main streets in urban areas and residential doors and windows.
if it is really necessary to install commercial air conditioners directly facing the sidewalks on both sides of the street, the bottom of the installation rack should be more than 2 meters from the ground, and it should not be less than 1.9 meters due to objective conditions; Commercial air conditioners shall be installed near the doors and windows of residents, and the spacing shall be more than 3 meters, and shall not directly face sensitive points such as doors and windows of residents.
article 21 implements the annual pollutant discharge declaration and registration system. Service industry project operators shall truthfully declare and register the types, quantity, concentration and operation methods of pollutants discharged to the environmental protection department, and discharge pollutants in strict accordance with the relevant provisions on the management of pollutant discharge permits.
article 22 service project operators shall pay sewage charges to the environmental protection department according to the relevant provisions of the state.
article 23 the environmental protection department shall regularly announce the investigation and punishment of illegal acts of service projects.
the municipal environmental protection department shall, jointly with the municipal quality and technical supervision department, organize sampling inspection on the use effect of the lampblack purification facilities installed in the catering service projects in the whole city, and announce the sampling inspection results to the public.
article 24 the environmental protection department or other departments with environmental supervision and management functions shall have the right to conduct on-site inspection of catering service project operators within their respective jurisdictions in accordance with the provisions of laws and regulations. Inspectors shall produce administrative law enforcement certificates. The inspected person shall truthfully report the situation and shall not refuse to check or practise fraud.
Article 25 The service project that violates the first paragraph of Article 6 of these Provisions shall be ordered by the environmental protection department to stop construction; Has been put into operation, by the relevant administrative departments in accordance with the provisions of the State Council "unlicensed and banned measures".
in violation of the provisions of the second paragraph of article 6 of these regulations, if the property owner or manager knows or should know that the lessor or borrower uses his property for the construction of service projects that produce oil smoke, odor, noise pollution and vibration pollution, but still rents or lends it, the administrative department for industry and commerce shall order him to immediately stop the illegal act, confiscate the illegal income and impose a fine of more than 2, yuan and less than 2, yuan.
article 26 in violation of the provisions of article 9 of these measures, if a new service project is opened without supporting the construction of environmental protection facilities, the environmental protection department shall order it to stop its business and may impose a fine of more than 5, yuan and less than 1, yuan; Environmental protection facilities that need supporting construction have been completed, but if they fail to apply to the environmental protection department for completion acceptance within the time limit or put into production and operation without acceptance, the environmental protection department shall order them to stop production and operation, and may impose a fine of more than 2, yuan and less than 5, yuan.
article 27 whoever violates the provisions of the first paragraph of article 1 of these measures and fails to use clean energy in accordance with the provisions shall be ordered by the environmental protection department to make corrections within a time limit. if he refuses to make corrections, he may be fined between 5, yuan and 5, yuan, and may report to the environmental protection department of the local people's government at or above the county level to order him to suspend business or close down according to the prescribed authority.
Article 28 Whoever violates the provisions of Articles 11 and 13 of these Provisions and commits any of the following acts shall be ordered by the environmental protection department to make corrections within a time limit, and may be fined not less than 1, yuan in 1 yuan:
(1) Failing to set up, install or transform pollution prevention facilities as required;
(2) unorganized emission of oil fume without passing through the oil fume exhaust pipeline or special flue;
(3) discharging oil fume through urban public * * * *, rainwater or sewage pipes.
article 29 whoever, in violation of the provisions of article 12 of these measures, does not normally use the oil fume exhaust facilities shall be ordered by the environmental protection department to make corrections, and may be fined from 2, yuan to 2, yuan.
Article 3 In case of any of the following acts, the urban management law enforcement department shall order it to make corrections, and impose a fine of not less than 5, yuan in 5 yuan
:
(1) In violation of the provisions of the first paragraph of Article 14 of these measures, the wastewater that has not been separated from the grease trap and filtered is directly discharged into the urban sewage pipeline;
(two) in violation of the provisions of the first paragraph of article fifteenth of these measures, the sewage is directly discharged into the urban public pipelines;
(two) in violation of the provisions of the first paragraph of Article 15 of these measures, the waste edible oils and fats are discharged without authorization, dumped or handed over to non-professional disposal units and individuals for collection and treatment;
(3) failing to collect, transport or dispose of kitchen waste in accordance with the requirements of city appearance and environmental sanitation management in violation of the provisions of Article 16 of these Measures;
(4) failing to install an air conditioner as required in violation of the provisions of Article 2 of these Measures.
article 31 anyone who, in violation of the provisions of the second paragraph of article 15 of these measures, illegally engages in the collection and disposal of kitchen waste oil, shall be confiscated by the administrative department for industry and commerce, and may be fined from 2, yuan to 2, yuan.
article 32 whoever, in violation of the provisions of article 18 of these measures, sets up or uses audio equipment with high noise pollution outdoors shall be ordered by the urban management law enforcement department to make corrections, and may be fined from 1 yuan to 1 yuan.
article 33 where the power of administrative punishment is exercised relatively centrally, it shall be implemented in accordance with the relevant provisions of the system of relatively centralized exercise of administrative punishment.
article 34 if the smoke, odor, noise and vibration generated by the service items set before the implementation of these measures do not meet the national or local emission standards and the provisions of these measures, the environmental protection department shall entrust the people's government at the same level to order them to be treated within a time limit; If it still fails to meet the national or local standards at the expiration of the period, the environmental protection department shall report to the people's government at the county level with the prescribed authority and order it to suspend business or close down.
Article 35 Where the staff of the environmental protection department and other relevant administrative departments abuse their powers, engage in malpractices for selfish ends or neglect their duties, their units, the competent department at a higher level and the supervisory organ shall investigate their administrative responsibilities according to law; If a crime is constituted, criminal responsibility shall be investigated by judicial organs according to law.
article 36 these measures shall come into force as of January 1, 25.