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MEASURES OF THE ADMINISTRATION OF THE POLLUTANT DISCHARGE FEES
 
(Order of the State Development Planning Commission of the People's Republic of China, the Ministry of Finance of the People's Republic of China, the State Environmental Protection Administration of the People's Republic of China, and the State Economic and Trade Commission of the People's Republic of China (No.31 [2003]), February 28, 2003: The Measures of the Administration of the Charging Rates for Pollutant Discharge Fees are enacted in accordance with the Regulations on the Administration of the Charging and Use of Pollutant Discharge Fees. These Measures are hereby promulgated and shall come into force on July 1, 2003)
     
     
SUBJECT : POLLUTANT DISCHARGE FEES
ISSUING DEPARTMENT : STATE DEVELOPMENT PLANNING COMMISSION (DISSOLVED), MINISTRY OF FINANCE OF THE PEOPLE'S REPUBLIC OF CHINA (DISSOLVED) AND OTHER
ISSUE DATE : 02/28/2003
IMPLEMENT DATE : 07/01/2003
LENGTH : 1,118 words
TEXT :
Article 1. In order to regulate the administration of charging rates for pollutant discharge fees (hereinafter referred to discharge fees), these Measures are enacted in accordance with the Regulations on the Administration of the Charging and Use of Pollutant Discharge Fees (Order No. 369 of the State Council, hereinafter referred to the Regulations).


Article 2. The entities and individual businesses directly discharging pollutants to the environment (hereinafter referred to "discharging entities") must pay discharge fees pursuant to these Measures.


Article 3. The administrative departments of environment protection of the local people's governments at the county level and above shall collect discharge fees on the discharging entities according to the following charging items:

(1) Sewage Discharge Fees: for those discharging pollutants to waters, the discharge fees shall be charged on the basis of the types and quantities of the pollutants discharged; for those exceeding the standards for discharge of water pollutants fixed by the state or locality, the discharge fees shall be charged one time more than the amount calculated on the basis of the types and quantities of the pollutants discharged and the charging rates fixed in these Regulations.

The sewage discharge fees shall no longer be charged on those that discharge sewage to the centralized urban sewage disposition facilities and pay the sewage disposition fees pursuant to the provisions.

Where the centralized urban sewage disposition facilities accept the sewage in conformity with the rates fixed by the state, and the organic pollutants (chemical oxygen demand, biochemical oxygen demand, and total organic carbon), floaters and coliform groups in the sewage discharged thereafter exceed the discharging rates of the state or locality, the sewage discharge fees shall be charged on the entities operating the centralized urban sewage disposition facilities one time more than the amount calculated on the basis of the types and quantities of the aforesaid pollutants and the charging rates fixed in these Regulations, and no fees shall be charged for ammonia nitrogen and total phosphor at the present time. Sewage discharge fees shall not be charged for the water discharged by the centralized urban sewage disposition facilities in conformity with the discharging standards of the state or locality.

(2) Exhaust gas discharge fees. For those discharging pollutants to the atmosphere, exhaust gas discharge fees shall be charged on the basis of the types and quantities of the pollutants discharged. No exhaust gas discharge fee shall be charged for the moving pollutions sources such as motor vehicles, airplanes and ships, for the present time.

(3) Discharge fees for solid wastes and dangerous wastes. Where no storage or disposition facilities or places for industrial solid wastes have been built, or the storage or disposition facilities or places for industrial solid wastes fail to meet the standards for environmental protection, the discharge fees for fixed wastes shall be charged on the basis of the types and quantities of the pollutants discharged. With respect to those that dispose of the dangerous wastes by burying in unconformity with the provisions of the administrative department of environmental protection under the State Council, the discharge fees for dangerous wastes shall be charged on the basis of the types and quantities of the dangerous wastes.

(4) Discharge fees for excessive noise. Where the environment noise pollution exceeds the discharging standards of the state for environment noise and affects the normal life, work and study of others, the discharge fees for noise shall be charged on the basis of the excessive decibel of the noise. And no discharge fee for excessive noise shall be charged for the moving pollutions sources such as motor vehicles, airplanes and ships, for the present time.

See the appendix for the charging rates and calculation methods of discharge fees.


Article 4. Apart from the methods for determination of the types and quantities of discharged pollutants provided for in the Regulations, the administrative departments of environment protection at the city (prefecture) level and above may, in light of the actualities of the local place, determine the quantities of discharged pollutants through sampling calculation with respect to the small-scale discharging entities of the service industry such as food and entertainment, the determination methods shall be publicized, and the discharge fees shall be charged pursuant to these Measures.


Article 5. The administrative departments of environment protection of the local people's governments at the county level and above shall apply for, obtain, and alter the Charging License with the designated price authorities, and shall use the administrative charge receipts uniformly printed by the finance departments of the provinces, autonomous regions and municipalities directly under the Central Government.


Article 6. The administrative departments of environment protection of the local people's governments at the county level and above shall strictly carry out these Measures. The price authorities and finance departments at various levels shall strengthen the supervision and inspection over the collection of discharge fees, and shall, pursuant to the relevant laws and regulations, punish those taking arbitrary charges in violation of the provisions.


Article 7. The power to interpret these Measures shall remain with the State Development Planning Commission in conjunction with the Ministry of Finance, the State Environmental Protection Administration and the State Economic and Trade Commission.


Article 8. These Measures shall come into force on July 1, 2003. The relevant provisions on discharge fees in the former Circular on Promulgation of the Administrative Charging Items and Rates for the Environment Protection System (No.178 [1992] of the State Price Bureau) of the State Price Bureau and the Ministry of Finance; the Circular on Charging Pollutant Discharge Fees (No.1366 [1993] of the State Development Planning Commission) of the State Development Planning Commission and the Ministry of Finance; the Official Reply on Implementation of Pilot Programs of Charging Pollutant Discharge Fees on the Basis of the Total Quantity of Discharged Water Pollutants (No.2090 [1995] of the State Development Planning Commission) of the State Development Planning Commission and the Ministry of Finance; the Circular on Expanding the Pilot Programs of Charging Pollutant Discharge Fees for Sulfur Dioxide in the Acid-Rain-Controlling Areas and the Sulfur-Dioxide-Pollution-Controlling Areas (No.6 [1998] of the State Environmental Protection Administration) of the State Environmental Protection Administration, the State Development Planning Commission, the Ministry of Finance, and the State Economic and Trade Commission; and the Circular on Implementing Pilot Programs of Charging Pollutant Discharge Fees on the Basis of the Total Quantity in Hangzhou and Other Two Cities (No.73 [1998] of the State Environmental Protection Administration) of the State Environmental Protection Administration), the State Development Planning Commission and the Ministry of Finance, as well as the provisions on charging rates for discharge fees made by the localities, shall be repealed at the same time.



Appendix: Charging Rates and Calculation Methods for Pollutant Discharge Fees (omitted)
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