National pollution source census regulations
(Promulgated by DecreeNo. 508th of the State Council of the People’s Republic of China on October 9, 2007)Revised according to the Decision of the State Council on Amending Some Administrative Regulations on March 2, 2019)
Chapter I General Principles
the first In order to scientifically and effectively organize the implementation of the national pollution source census and ensure the accuracy and timeliness of the pollution source census data, these Regulations are formulated in accordance with the Statistics Law of the People’s Republic of China and the Environmental Protection Law of People’s Republic of China (PRC).
the second The task of pollution source census is to master the quantity, industry and regional distribution of all kinds of pollution sources, understand the generation, discharge and treatment of major pollutants, establish and improve the archives of key pollution sources, pollution source information database and environmental statistics platform, and provide basis for formulating policies and plans for economic and social development and environmental protection.
Article The term "pollution sources" as mentioned in these Regulations refers to places, facilities, devices and other pollution sources that discharge pollutants into the environment or have adverse effects on the environment due to production, life and other activities.
Article 4 The general survey of pollution sources is organized and implemented in accordance with the principles of unified national leadership, division of labor and cooperation among departments, local classification and responsibility, and joint participation of all parties.
Article 5 The funds needed for the pollution source census shall be shared by the central and local people’s governments at all levels, and shall be included in the fiscal budget of the corresponding year, and shall be allocated on time to ensure the full amount is in place.
The funds for pollution source census should be managed in a unified way, earmarked for special purposes and strictly controlled.
Article 6 The national pollution source census is conducted once every 10 years, and the standard time point is December 31 of the census year.
Article 7 Newspapers, radio, television and the Internet and other news media shall promptly carry out publicity and reports on the general survey of pollution sources.
Chapter II Objects, Scope, Contents and Methods of Pollution Source Survey
Article 8 The object of pollution source census is the units and self-employed households with pollution sources in People’s Republic of China (PRC).
Article 9 The object of pollution source census has the obligation to accept the investigation conducted by the office of the leading group for pollution source census and the census personnel according to law, and truthfully report the situation, provide relevant information, and fill in the pollution source census form as required.
The object of pollution source census shall not delay, falsely report, conceal or refuse to report census data; Do not prevaricate, refuse or obstruct the investigation; It is not allowed to transfer, conceal, alter or destroy raw material consumption records, production records, operation records of pollutant treatment facilities, monitoring records of pollutant discharge and other original materials related to pollutant generation and discharge.
Article 10 The scope of pollution source survey includes: industrial pollution sources, agricultural pollution sources, domestic pollution sources, centralized pollution control facilities and other facilities that generate and discharge pollutants.
Article 11 The main contents of the general survey of industrial pollution sources include: the basic registration information of enterprises, the consumption of raw materials, the production of products, the facilities that produce pollution, the generation, treatment, discharge and comprehensive utilization of various pollutants, and the construction and operation of various pollution prevention facilities.
The main contents of the general survey of agricultural pollution sources include: agricultural production scale, water consumption and drainage, the use of agricultural inputs such as chemical fertilizers, pesticides, feed and feed additives and agricultural films, the treatment of crop residues such as straw, and the generation and treatment of aquaculture pollutants.
The main contents of the general survey of domestic pollution sources include: the basic situation of units engaged in the tertiary industry and the generation, discharge and treatment of pollutants, the discharge of pollutants from motor vehicles, the energy structure and consumption of urban life, the domestic water consumption, displacement and pollutant discharge, etc.
The main contents of the general survey of centralized pollution control facilities include: the basic situation and operation status of facilities, the treatment and disposal of pollutants, the generation, disposal and utilization of leachate, sludge, incineration residue and waste gas, etc.
Article 12 The specific scope and content of each pollution source census shall be determined by the census plan approved by the State Council.
Article 13 The general survey of pollution sources adopts the method of comprehensive survey, and sampling survey can be adopted when necessary.
The general survey of pollution sources adopts national unified standards and technical requirements.
Chapter III Organization and Implementation of Pollution Source Survey
Article 14 The national leading group for pollution source survey is responsible for leading and coordinating the national pollution source survey.
The office of the National Pollution Source Census Leading Group is located in the competent department of ecological environment in the State Council, and is responsible for the daily work of the national pollution source census.
Article 15 The leading group of pollution source survey of local people’s governments at or above the county level shall lead and coordinate the pollution source survey in their respective administrative areas in accordance with the unified regulations and requirements of the national leading group of pollution source survey.
The office of the leading group for pollution source census of the local people’s government at or above the county level is located in the competent department of ecological environment at the same level, and is responsible for the daily work of pollution source census in this administrative region.
Township (town) people’s governments, sub-district offices and village (neighborhood) committees shall widely mobilize and organize social forces to actively participate in and conscientiously do a good job in the pollution source survey.
Article 16 The competent department of ecological environment of the people’s government at or above the county level and other relevant departments shall, in accordance with the unified requirements of the division of responsibilities and the leading group of pollution source census, do a good job in the relevant work of pollution source census.
Article 17 The national pollution source census plan was drawn up by the Office of the National Pollution Source Census Leading Group, approved by the National Pollution Source Census Leading Group, and reported to the State Council for approval.
The national pollution source census plan should include: the specific scope and content of the census, the main pollutants in the census, the census methods, the organization and implementation of the census, and the budget.
The opinions of relevant departments and experts should be fully listened to when drawing up the national pollution source census plan.
Article 18 The Office of the National Leading Group for Pollution Source Census draws up a pollution source census table according to the national pollution source census plan and reports it to the National Bureau of Statistics for examination and approval.
The leading group offices of the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government may, according to the needs, add a schedule of pollution source survey in their respective administrative areas, and report it to the office of the leading group for national pollution source survey for approval before use.
Article 19 In the start-up stage of the census, the office of the leading group for the census of pollution sources shall carry out the unit inventory.
The people’s government at or above the county level shall provide the information of the units that have been approved or registered to the office of the leading group for pollution source survey at the same level, and assist in the unit inventory work.
The Office of the Leading Group for Pollution Source Census shall, based on the existing basic unit directory database in the administrative area, verify and check the pollution sources one by one according to the specific scope of pollution source census determined by the national pollution source census plan and the unit information provided by the relevant departments, and form a list of pollution source census units.
Article 20 Large and medium-sized industrial enterprises included in the scope of pollution source census shall make it clear that the relevant institutions are responsible for filling in the pollution source census form of their own enterprises, and other units shall designate personnel to be responsible for filling in the pollution source census form of their own units.
Article 21 The office of the leading group for pollution source census may, according to the needs of the work, employ or seconde personnel from relevant units to engage in pollution source census work.
The office of the leading group for pollution source census shall sign labor contracts with the employees according to law, pay labor remuneration and handle social insurance for them. The wages of seconded personnel are paid by the original unit, and their welfare benefits remain unchanged.
Article 22 Census personnel should persist in seeking truth from facts, abide by professional ethics and have the professional knowledge needed to carry out census tasks.
The Office of the Leading Group for Pollution Source Census shall conduct professional training for census personnel, and issue a unified national census work permit to those who pass the examination.
Article 23 Census personnel independently exercise the functions and powers of investigation, reporting, supervision and inspection according to law, and have the right to consult the raw material consumption records, production records, operation records of pollutant control facilities, monitoring records of pollutant discharge and other original materials related to the generation and discharge of pollutants, and have the right to ask the census objects to correct the untrue and incomplete contents in the pollution source census form.
Article 24 Census personnel shall strictly implement the national pollution source census plan, and shall not forge or tamper with census data, and shall not force or instruct census objects to provide false census data.
The census personnel shall carry out the task of pollution source investigation, and shall not be less than 2 persons, and shall produce the census personnel’s work permit; If the census taker’s work permit is not shown, the census taker may refuse to accept the investigation.
Article 25 Census personnel shall directly visit the census object according to law and guide the census object to fill in the pollution source census form. After the pollution source census form is completed, it shall be signed or sealed by the census object for confirmation. The census object shall be responsible for the authenticity of the census data signed or sealed by it.
The Office of the Leading Group for Pollution Source Census is responsible for the consistency of the census data registered and entered by it and the census data reported by the census object, and for the accuracy of the census data processed and sorted by it.
In the process of registration, entry, processing and sorting out the census data, the office of the leading group for pollution source census should verify the census data with the census object, and the census object should truthfully explain or correct it.
Article 26 The person in charge of all localities, departments and units shall not arbitrarily modify the pollution source census data obtained by the office of the leading group for pollution source census and census personnel according to law; Shall not compel or instruct the office of the leading group for pollution source census and census personnel to forge or tamper with census data; No retaliation shall be taken against census personnel who refuse or resist forging or tampering with census data.
Chapter IV Data Processing and Quality Control
Article 27 The office of the leading group for pollution source census shall conduct data processing in accordance with the national pollution source census plan and relevant standards and technical requirements, and report the census data on time.
Article 28 The office of the leading group for pollution source census should do a good job in data backup and data storage of pollution source census, establish and improve the pollution source information database, and strengthen daily management and maintenance and update.
Article 29 The office of the leading group for pollution source census shall, in accordance with the national pollution source census plan, establish the post responsibility system for quality control of pollution source census data, and conduct quality control and inspection and acceptance of each link in the census.
If the pollution source census data does not meet the national pollution source census plan or relevant standards and technical requirements, the office of the leading group for pollution source census at the next higher level may request the office of the leading group for pollution source census at the next lower level to re-investigate to ensure the consistency, authenticity and effectiveness of the census data.
Article 30 The Office of the National Leading Group for Pollution Source Census uniformly organizes the quality verification of pollution source census data. The verification results serve as an important basis for evaluating the quality of pollution source census data in the whole country or in all provinces, autonomous regions and municipalities directly under the Central Government.
If the quality of pollution source census data fails to meet the specified requirements, the relevant pollution source census leading group office shall conduct pollution source census again within the time specified by the national pollution source census leading group office.
Chapter V Data Release and InformationManage and develop applications
Article 31 The bulletin of the national pollution source census was issued according to the decision of the national pollution source census leading group.
Bulletin of local pollution source census, approved by the office of the leading group for pollution source census at the next higher level.
Article 32 If the information provided by the census object and the information processed and sorted by the office of the leading group for the census of pollution sources belong to state secrets, the level of the secrets shall be indicated and handled in accordance with the relevant state confidentiality provisions.
The office of the leading group for pollution source census and the census personnel shall be obliged to keep confidential the business secrets of the census objects known in the pollution source census.
Article 33 The office of the leading group for pollution source census shall establish a file management system for pollution source census data. The storage, transfer and transfer of pollution source census data files shall comply with the relevant state regulations on file management.
Article 34 The state establishes a system of information sharing of pollution source census data.
The office of the leading group for pollution source census shall establish an information sharing platform for pollution source census data on the basis of pollution source information database to promote the development and application of census results.
Article 35 The data of a single census object obtained from the pollution source census is strictly limited to the purpose of pollution source census, and shall not be used as the basis for assessing whether the census object has completed the total pollutant reduction plan, or as the basis for imposing administrative penalties and collecting sewage charges on the census object in accordance with other laws and administrative regulations.
Chapter VI Commendation and Punishment
Article 36 Collectives and individuals who have made outstanding contributions to the pollution source survey shall be commended and rewarded.
Article 37 The person in charge of a local, department or unit has one of the following acts, and shall be punished according to law, and shall be informed criticism by the statistical agency of the people’s government at or above the county level; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) modifying the census data of pollution sources without authorization;
(2) forcing or instructing the office of the leading group for pollution source census and census personnel to forge or tamper with census data;
(3) retaliating against census personnel who refuse or resist forging or tampering with census data.
Article 38 Census personnel who fail to implement the census plan, or forge or tamper with census data, or force or instruct census objects to provide false census data, shall be punished according to law.
If the office of the leading group for pollution source census and census personnel disclose the commercial secrets of the census object known in the census, the directly responsible person in charge and other directly responsible personnel shall be punished according to law; Anyone who causes damage to the census object shall bear civil liability according to law.
Article 39 If the object of pollution source census has one of the following acts, the office of the leading group for pollution source census shall timely inform the statistical agency of the people’s government at the same level about the situation and put forward the handling opinions, and the statistical agency of the people’s government at or above the county level shall order it to make corrections and give it to informed criticism; If the circumstances are serious, it may be suggested that the directly responsible person in charge and other directly responsible personnel be punished according to law:
(a) late reporting, false reporting, concealment or refusal to report the census data of pollution sources;
(two) prevarication, refusal or obstruction of census personnel to investigate according to law;
(3) Transferring, concealing, tampering with or destroying raw material consumption records, production records, operation records of pollutant treatment facilities, monitoring records of pollutant discharge and other original materials related to pollutant generation and discharge.
If a unit commits one of the acts listed in the first paragraph of this article, it shall be given a warning by the statistical agency of the people’s government at or above the county level and may be fined up to 50,000 yuan.
Self-employed households who commit one of the acts listed in the first paragraph of this article shall be given a warning by the statistical agencies of the people’s governments at or above the county level and may be fined up to 10,000 yuan.
Article 40 The Office of the Leading Group for Pollution Source Census shall set up a telephone number and mailbox for reporting, accept the supervision of all sectors of society on pollution source census work and report illegal acts, and reward those who report meritorious deeds according to law, and investigate and deal with illegal acts according to law.
Chapter VII Supplementary Provisions
Article 41 The general logistics department of China People’s Liberation Army shall organize and implement the general survey of pollution sources in the army and armed police forces in accordance with the unified regulations and requirements of the state.
The pollution source survey of Xinjiang Production and Construction Corps shall be organized and implemented by Xinjiang Production and Construction Corps in accordance with the unified regulations and requirements of the state.
Article 42 These Regulations shall come into force as of the date of promulgation.