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Administrative Regulations on Measures for the Operation and Management of Automatic Monitoring Facilities for Pollution Sources
Chapter I General Principles

Article 1 In order to strengthen the supervision and management of the operation of automatic monitoring facilities for pollution sources, ensure the normal operation of automatic monitoring facilities for pollution sources, and strengthen the effective supervision of pollution sources, these Measures are formulated in accordance with the Environmental Protection Law of People's Republic of China (PRC) and the Decision of the State Council Municipal Government on Setting Administrative License for Administrative Examination and Approval Items that Really Need to Be Retained (the State Council Order No.412).

Article 2 The term "automatic monitoring facilities" as mentioned in these Measures refers to instruments, flowmeters, operation recorders of pollution control facilities, data acquisition and transmission instruments installed at the pollution source site for monitoring and monitoring pollution discharge, which are components of pollution control facilities.

Article 3 The term "operation of automatic monitoring facilities" as mentioned in these Measures refers to the operation, maintenance and management of automatic monitoring facilities to ensure the normal operation of facilities, which can be divided into two ways: entrusting qualified professional operation units to carry out socialized operation and sewage units to operate themselves.

Article 4 These Measures shall apply to the operation and management of automatic monitoring facilities for key pollution sources (including key monitoring enterprises) at or above the county level.

The operation and management activities of other pollution source automatic monitoring facilities shall be implemented with reference to these measures.

Article 5 The operating expenses of automatic monitoring facilities for pollution sources shall be borne by the pollutant discharging units, and local governments with conditions may give appropriate subsidies.

Article 6 The State supports and encourages the socialized operation of facilities and the development of service industry.

Article 7 The competent administrative department of environmental protection in the State Council shall be responsible for formulating rules, regulations and standards for the operation and management of automatic monitoring facilities for pollution sources, and the local competent administrative department of environmental protection shall be responsible for the supervision and management of the operation of automatic monitoring facilities for pollution sources within its jurisdiction.

Chapter II Operation Requirements of Facilities

Article 8 The selection, installation, operation, review, monitoring, quality control, data collection and network transmission of automatic monitoring facilities for pollution sources shall conform to relevant national standards.

Ninth automatic monitoring facilities of pollution sources must be qualified by the competent administrative department of environmental protection at or above the county level before they can be officially put into operation, and connected with the competent administrative department of environmental protection in accordance with relevant regulations.

Tenth social operating units engaged in automatic monitoring facilities of pollution sources must obtain the "Qualification Certificate for Operation of Environmental Pollution Control Facilities" issued by the competent administrative department of environmental protection of the State Council.

Article 11 Operators and managers engaged in automatic monitoring facilities for pollution sources shall receive on-the-job training from intermediary agencies entrusted by provincial environmental protection administrative departments, and be able to correctly and skillfully master the skills of principles, operation, use, debugging, maintenance and replacement of relevant instruments and equipment.

Twelfth pollution sources automatic monitoring facilities operating units shall, in accordance with the requirements of the administrative department of environmental protection at or above the county level, submit a report on the operation of the facilities every six months and accept public supervision.

Thirteenth pollution source automatic monitoring facilities operating units shall, in accordance with relevant national or local laws, regulations and standards, establish and improve the management system. It mainly includes: personnel training, operating procedures, job responsibilities, regular comparison and monitoring, regular calibration and maintenance records, operation information disclosure, facility failure prevention and emergency measures. All kinds of consumables, standby machines or key components needed for daily operation and maintenance are available all year round.

Fourteenth operating units shall maintain the normal operation of automatic monitoring facilities for pollution sources. If the automatic monitoring facilities of pollution sources will affect the normal operation of the facilities due to maintenance, replacement, deactivation, demolition and other reasons, the operating unit shall report to the administrative department of environmental protection at or above the county level in advance, explain the reasons and time period, submit the data submission scheme of manual monitoring, and obtain the consent of the administrative department of environmental protection at or above the county level; The maintenance, replacement, decommissioning, demolition and other related work of facilities must conform to relevant national or local standards.

Fifteenth maintenance and replacement of automatic monitoring facilities of pollution sources must restore the normal operation of automatic monitoring facilities within 48 hours. During the period when the facilities can't operate normally, the data should be submitted by manual sampling and monitoring, and the data should be submitted no less than 4 times a day with an interval of no more than 6 hours.

Article 16 Under the supervision and guidance of the local administrative department of environmental protection, the owner of the automatic monitoring facilities for pollution sources may, in accordance with the relevant provisions of the state, select an operating unit entrusted with the operation qualification certificate issued by the administrative department of environmental protection of the State Council and sign an operation service contract.

When the operation contract is formally signed or changed, the operation unit shall submit the official contract to the environmental protection administrative department at or above the county level for the record within 10 working days.

Seventeenth sewage units shall not damage facilities or deliberately affect the normal operation of facilities.

Eighteenth pollution source automatic monitoring facilities operating commissioned units have the following rights and obligations:

(a) to supervise the facilities operating units and put forward suggestions for improving services.

(two) should provide the basic conditions for the normal operation of transportation, water, electricity and lightning protection facilities. If it cannot be provided normally due to objective reasons, it must inform the operating unit in advance, and report to the competent administrative department of environmental protection at or above the county level to cooperate with the relevant emergency work.

(three) to report environmental violations of facilities operating units.

(four) shall not interfere with the normal operation of operating units or automatic monitoring facilities of pollution sources for any reason.

(five) transfer the sewage that should not be borne by the legal responsibility to the operating unit.

Nineteenth pollution source automatic monitoring facilities socialized operating units have the following rights and obligations:

(a) to obtain or give up the right to operate facilities in accordance with the prescribed procedures and methods;

(2) The operation of access facilities is not subject to geographical restrictions;

(three) strictly implement the relevant management system to ensure the normal operation of facilities;

(four) report environmental violations of sewage units;

(five) business training for operation management personnel, improve the level of operation.

Chapter III Supervision and Administration

Twentieth environmental protection administrative departments at or above the county level shall carry out the following on-site inspection and daily supervision on the operation of automatic monitoring facilities for pollution sources:

(a) whether the socialized operation unit has obtained the qualification certificate for the operation of automatic monitoring facilities for pollution sources according to law, and whether it is engaged in operation activities within the validity period in accordance with the provisions of the qualification certificate;

(two) whether the socialized operation unit has signed an operation service contract with the entrusting unit, and whether the relevant contents of the contract meet the requirements of environmental protection and are implemented;

(three) whether the on-site operation management personnel of the operating unit have received on-the-job training;

(4) Whether the operating unit has established management systems such as personnel training, operating procedures, job responsibilities, regular comparison monitoring, regular calibration and maintenance records, operation information disclosure, accident prevention and emergency measures for automatic monitoring facilities as required, and whether these systems have been effectively implemented;

(five) whether the automatic monitoring facilities are networked according to the relevant requirements of the administrative department of environmental protection, and whether the monitoring information and data transmission are accurate and timely;

(six) whether the operating entrusted unit has any behavior that affects the normal work of the operating unit and the normal operation of the automatic monitoring facilities for pollution sources;

(seven) whether there are other environmental violations in the commissioning unit and the operating unit.

Article 21 When the commissioning unit raises any objection to the monitoring data of automatic monitoring facilities, the environmental monitoring agency at or above the county level shall carry out monitoring work such as comparison test in accordance with relevant national or local standards, and the environmental monitoring agency at or above the county level shall confirm the responsible unit, which shall bear relevant economic and legal responsibilities.

Twenty-second environmental protection administrative departments at or above the county level shall regularly organize the inspection of the operation status of automatic monitoring facilities for pollution sources. If the inspection fails, it may be ordered to make rectification within a time limit; For socialized operating units, the competent administrative department of environmental protection of the State Council can be suggested to downgrade, stop using or revoke their operating qualifications.

Twenty-third environmental protection administrative departments shall abide by the following provisions when exercising the power of operation supervision and management:

(a) to perform their duties in strict accordance with the provisions of these measures;

(two) shall not interfere with the normal operation of business units without reason;

(three) to keep technical secrets for the entrusting unit and the operating unit;

(four) shall not charge any fees and seek benefits from individuals and units;

(five) shall not be designated in any form of pollution source automatic monitoring facilities operating units.

Article 24 The State encourages individuals or organizations to participate in the supervision of the operation of automatic monitoring facilities for pollution sources.

Individuals or organizations have the right to report illegal acts in the operation of automatic monitoring facilities for pollution sources to the environmental protection department, which shall promptly verify and deal with them.

Chapter IV Supplementary Provisions

Twenty-fifth key pollution sources at or above the county level refer to the pollutant discharge units listed in the list of key pollution sources controlled by the state, province, city and county; Key monitoring enterprises refer to urban sewage treatment plants.

Twenty-sixth business units mentioned in these Measures include socialized business units and self-operated business units.

Socialized operation refers to an enterprise or enterprise management institution that has obtained the Qualification Certificate for the Operation of Environmental Pollution Control Facilities issued by the competent administrative department of environmental protection in the State Council, accepts the entrustment of the pollutant generating unit, and provides automatic monitoring facilities for its operation, maintenance and management according to the contract signed by both parties, so as to ensure the normal operation of the facilities and bear corresponding environmental responsibilities.

Self-operation refers to the activities that pollutant producing units engage in the operation, maintenance and management of their automatic monitoring facilities, ensure the normal operation of the facilities, and bear corresponding environmental responsibilities.

Twenty-seventh environmental protection administrative departments at or above the county level may reward individuals or organizations that truthfully report illegal activities in the operation of facilities, and have the obligation to keep confidential the informants.

Twenty-eighth approach by the the State Council municipal environmental protection administrative department is responsible for the interpretation of.

Article 29 These Measures shall come into force on May 1 2008.