The Regulations on the Administration of Pollutant Discharge Permits will come into effect on March 1!

Release Date:

2021-02-01

The CPC Central Committee and the State Council attach great importance to the management of pollutant discharge permits. To strengthen this management, standardize the discharge practices of enterprises, public institutions, and other producers and operators, control pollutant emissions, and protect and improve the ecological environment, the Regulations on the Administration of Pollutant Discharge Permits (hereinafter referred to as the “Regulations”)—in accordance with the Environmental Protection Law and other relevant laws—regulate pollutant discharge permit administration by clarifying the scope and categories of permit‑based management, standardizing the procedures for applying for and approving discharge permits, reinforcing discharge‑management requirements, tightening supervision and inspection, and strengthening legal accountability.
First, the scope and categories of entities subject to pollutant discharge permit management are clearly defined. The Regulations stipulate that enterprises, institutions, and other producers and operators (hereinafter referred to as “discharge units”) that, in accordance with the law, are required to obtain a pollutant discharge permit shall apply for such a permit. Discharge units are subject to categorized management based on factors such as the amount of pollutants generated, the volume of emissions, and the degree of environmental impact. The scope of discharge units subject to permit management, the implementation timetable, and the list of management categories shall be drafted by the State Council’s competent department for ecological environment, submitted to the State Council for approval, and then promulgated and implemented.
Second, the procedures for applying for and approving discharge permits have been standardized. The Regulations specify the competent approval authorities, application methods, required documentation, approval time limits, as well as the conditions for issuing discharge permits and the specific items that must be recorded on such permits.
Third, strengthen pollution discharge management. The Regulations stipulate that the location and number of pollutant discharge outlets, as well as the methods and destinations of pollutant discharges, must be consistent with the provisions set forth in the pollutant discharge permit. Discharging entities shall, in accordance with the requirements of their discharge permits and relevant standards and specifications, conduct self-monitoring in compliance with the law and maintain original monitoring records. For discharging entities subject to key management under the pollutant discharge permitting system, it is mandatory to install, operate, and maintain automatic pollutant emission monitoring equipment in accordance with the law. Furthermore, discharging entities shall establish an environmental management ledger‑keeping system, accurately recording the operational status of major production facilities and pollution control facilities, as well as pollutant emission concentrations and quantities, and publicly disclose pollutant emission information in a truthful and transparent manner.
Fourth, strict supervision and inspection are required. The Regulations stipulate that the competent department for ecological and environmental protection shall strengthen ongoing and post‑permit oversight, incorporate enforcement inspections of pollutant discharge permits into the annual ecological and environmental law‑enforcement plan, and determine inspection frequency and methods in a reasonable manner. The competent department may, through means such as monitoring via the National Pollutant Discharge Permit Management Information Platform and on‑site inspections, supervise and verify whether the pollutant discharge volumes and concentrations of discharging entities comply with the provisions of their discharge permits.
Fifth, legal liability has been strengthened. The Regulations provide for daily continuous penalties, orders to restrict production or shut down operations, and other administrative and coercive measures for violations such as discharging pollutants without a discharge permit. Moreover, they align these sanctions with the penalty provisions set forth in the Environmental Protection Law for illegal discharges committed in evasion of regulatory oversight.

Order of the State Council of the People’s Republic of China

No. 736

The Regulations on the Administration of Pollutant Discharge Permits were adopted at the 117th Executive Meeting of the State Council on December 9, 2020, and are hereby promulgated, entering into force on March 1, 2021.

Premier Li Keqiang

January 24, 2021

Regulations on the Administration of Pollutant Discharge Permits
Chapter One
General Provisions
Article 1: In order to strengthen the administration of pollutant discharge permits, standardize the discharge practices of enterprises, institutions, and other producers and operators, control pollutant emissions, and protect and improve the ecological environment, these Regulations are hereby formulated in accordance with the Environmental Protection Law of the People’s Republic of China and other relevant laws.
Article 2 Enterprises, institutions, and other producers and operators subject to pollutant discharge permit management in accordance with the law (hereinafter referred to as “pollutant-discharging entities”) shall apply for and obtain a pollutant discharge permit in accordance with the provisions of these Regulations; no entity may discharge pollutants without obtaining such a permit.
Based on factors such as the quantity of pollutants generated, the amount discharged, and the degree of environmental impact, discharging entities are subject to categorized management under the pollutant discharge permit system.
(1) Pollutant‑generating entities with substantial pollutant generation, emissions, or environmental impacts shall be subject to key management under the pollutant discharge permit system.
(2) Polluting entities with low pollutant generation, emissions, and environmental impact shall be subject to simplified discharge permitting management.
The scope of pollutant-discharging entities subject to pollutant discharge permit management, the implementation steps, and the list of management categories shall be drafted by the State Council’s competent department for ecological and environmental protection, submitted to the State Council for approval, and then promulgated and implemented. In formulating the scope of such entities, the implementation steps, and the list of management categories, opinions shall be solicited from relevant departments, industry associations, enterprises and public institutions, as well as the general public.
Article 3 The competent department of ecology and environment under the State Council is responsible for the unified supervision and administration of pollutant discharge permits nationwide.
The ecological and environmental authorities of local people’s governments at or above the prefectural level are responsible for the supervision and administration of pollutant discharge permits within their respective administrative areas.
Article 4 The State Council’s competent department for ecological and environmental protection shall strengthen the development and management of the national pollutant discharge permit management information platform and enhance the level of online processing of pollutant discharge permits.
The review and issuance of pollution discharge permits, as well as information disclosure, shall be conducted through the National Pollutant Discharge Permit Management Information Platform.
Article 5: People’s governments at or above the prefectural level shall include the funds required for the administration of pollutant discharge permitting in their respective budgets.
Chapter 2
Application and Approval
Article 6: Polluting entities shall apply to the ecological and environmental competent authority of the local people’s government at or above the prefectural level where their production and business premises are located (hereinafter referred to as the approval authority) for the issuance of a pollutant discharge permit.
Where a pollutant-discharging entity has two or more production and operation sites that discharge pollutants, it shall apply for and obtain a pollutant discharge permit separately for each site.
Article 7: An application for a pollutant discharge permit may be submitted either through the National Pollutant Discharge Permit Management Information Platform by completing the prescribed application form, or by mail or other means.
The application form for a pollution discharge permit shall include the following items:
(1) The name, address, legal representative or principal person in charge, location of the production and business premises, and unified social credit code of the pollutant-discharging entity;
(2) Approval documents for the environmental impact report (form) of the construction project, or the filing materials for the environmental impact registration form;
(3) The types of pollutants, their emission concentrations and quantities as applied for at the pollutant discharge outlets, major production facilities or workshops, and plant boundaries; the applicable pollutant emission standards; and the total emission control targets for priority pollutants.
(4) Information on pollution prevention and control facilities, the location and number of pollutant discharge outlets, the methods and destinations of pollutant discharge, and the self-monitoring plan;
(5) A description of information regarding major production facilities, principal products and their production capacities, key raw and auxiliary materials, as well as the processes that generate and discharge pollutants, together with an explanation of whether such information involves trade secrets or other circumstances that render it unsuitable for public disclosure.
Article 8 Where any of the following circumstances applies, the applicant seeking to obtain a pollutant discharge permit shall also submit the corresponding supporting documents:
(1) Where the entity is subject to key management under the pollutant discharge permit system, it shall, prior to submitting its application, have publicly disclosed on the National Pollutant Discharge Permit Management Information Platform its basic information and explanatory materials pertaining to the proposed permit matters.
(2) For facilities providing centralized treatment of urban and industrial wastewater, supporting documentation detailing the receiving area of the discharging entity, the layout of the sewer network, and the ultimate discharge destination;
(3) For newly constructed, reconstructed, or expanded projects that discharge priority pollutants, as well as for projects implementing technological upgrades, the pollutant-discharging entity shall submit supporting documentation demonstrating how it has obtained total emission control quotas for priority pollutants through reductions and replacements of pollutant emissions.
Article 9: The approving authority shall, upon receipt of an application for a pollutant discharge permit, take the following actions depending on the specific circumstances:
(1) Where, in accordance with the law, an application for a pollutant discharge permit is not required, the competent authority shall promptly notify the applicant that no such application is necessary.
(2) If the matter does not fall within the purview of this approval authority, a decision of non-acceptance shall be made immediately, and the pollutant-discharging entity shall be informed to submit its application to the competent ecological and environmental administrative department with approval authority.
(3) If the application materials contain errors that can be corrected on the spot, the discharging entity shall be permitted to make such corrections immediately.
(4) If the application materials are incomplete or do not conform to the legally prescribed format, a notification form shall be issued on the spot or within three days, specifying in a single notice all the materials that the pollutant-discharging entity is required to supplement. If no such notification is provided within the prescribed time limit, the application shall be deemed accepted as of the date of receipt of the application materials.
(5) If the matter falls within the jurisdiction of this approval authority and the application materials are complete and conform to the statutory form, or if the pollutant-discharging entity has supplemented all required materials as requested, the application shall be accepted.
The approving authority shall publicly disclose, on the National Pollutant Discharge Permit Management Information Platform, its decision to accept or reject an application for a pollutant discharge permit, and shall simultaneously issue to the discharging entity a written certificate stamped with the official seal of the approving authority and dated.
Article 10 The approving authority shall review the application materials submitted by the pollutant-discharging entity and may conduct on-site inspections of the entity’s production and business premises.
The approving authority may engage technical institutions to conduct a technical review of the application materials for a pollutant discharge permit and shall bear the associated costs.
Technical institutions shall be responsible for the technical assessment opinions they issue and may not charge any fees to polluting entities.
Article 11: A discharge permit shall be issued to discharging entities that meet the following conditions:
(1) Have legally obtained approval documents for the environmental impact assessment report (form) of the construction project, or have completed the filing procedures for the environmental impact registration form;
(2) Pollutant emissions shall comply with the relevant pollutant emission standards; for priority pollutants, such emissions shall also meet the requirements set forth in the technical specifications for the application and issuance of discharge permits, the approval documents for environmental impact assessment reports (forms), and the total emission control targets for priority pollutants. In cases where the production and operation site of the discharging entity is located in a key area or river basin that has not yet attained the national ambient air quality standards, the entity shall further comply with any special requirements imposed by the local people’s government aimed at improving ecological and environmental quality.
(3) The use of pollution prevention and control facilities shall enable compliance with the permitted emission concentration limits or meet the requirements of feasible pollution prevention and control technologies.
(4) The monitoring locations, parameters, and frequency specified in the self-monitoring plan comply with national self-monitoring standards.
Article 12: For pollutant-discharging entities subject to simplified permit management, the approval authority shall render an approval decision within 20 days from the date of acceptance of the application; if the entity meets the requirements, a pollutant discharge permit shall be issued; if it does not meet the requirements, the application shall be rejected, with written reasons provided.
For pollutant-discharging entities subject to key management under the pollutant discharge permit system, the approving authority shall render an approval decision within 30 days from the date of acceptance of the application; where on-site verification is required, the decision shall be rendered within 45 days from the date of acceptance. If the entity meets the requirements, a pollutant discharge permit shall be issued; if it does not meet the requirements, the application shall be denied, with written reasons provided.
The approving authority shall generate a unified discharge permit number through the National Pollutant Discharge Permit Management Information Platform.
Article 13: A pollutant discharge permit shall contain the following information:
(1) The name, address, legal representative or principal person in charge, and location of the production and business premises of the pollutant-discharging entity;
(2) The validity period of the discharge permit, the issuing authority, the date of issuance, the permit number, and the QR code, among other details;
(3) The stages at which pollutants are generated and discharged, as well as pollution prevention and control facilities;
(4) The location and number of pollutant discharge outlets, as well as the methods and destinations of pollutant discharge;
(5) Types of pollutant emissions, permitted emission concentrations, permitted emission volumes, and other relevant details;
(6) Requirements for the operation and maintenance of pollution prevention and control facilities, as well as requirements for the standardized construction of pollutant discharge outlets, etc.;
(7) Requirements for prohibiting or restricting pollutant emissions during specific periods;
(8) Requirements regarding the content and frequency of self-monitoring, records in environmental management ledgers, and implementation reports for discharge permits;
(9) Requirements for environmental information disclosure by pollutant-discharging entities;
(10) Requirements for controlling fugitive emissions when atmospheric pollutants are emitted without organized sources;
(11) Other requirements for controlling pollutant emissions that discharging entities are required to comply with under laws and regulations.
Article 14: The validity period of a pollutant discharge permit shall be five years.
When the validity period of a pollutant discharge permit expires and the discharging entity intends to continue discharging pollutants, it shall submit an application to the approving authority no later than 60 days before the permit’s expiration. The approving authority shall complete the review within 20 days from the date of receipt of the application; if the applicant meets the requirements, the permit shall be renewed; if not, the permit shall not be renewed, and the authority shall provide a written explanation of the reasons.
If a pollutant-discharging entity changes its name, address, legal representative, or principal person in charge, it shall, within 30 days from the date of such change, apply to the approving authority for procedures to amend its pollutant discharge permit.
Article 15: During the validity period of a pollutant discharge permit, if a discharging entity falls under any of the following circumstances, it shall reapply for and obtain a new pollutant discharge permit:
(1) New, renovated, or expanded projects that discharge pollutants;
(2) Changes occur in the production and operation site, the location of pollutant discharge outlets, or the methods and destinations of pollutant discharge;
(3) An increase in the number of pollutant discharge outlets, or in the types, amounts, or concentrations of pollutants discharged.
Article 16: Where the pollutant emission standards applicable to a pollutant-discharging entity or the total amount control requirements for key pollutants are amended, and an amendment to the discharge permit is therefore required, the approving authority may, in accordance with the law, amend the relevant provisions of the discharge permit.
Chapter Three
Wastewater Management
Article 17: The pollutant discharge permit serves as the primary basis for ecological and environmental supervision of discharging entities.
Pollution-discharging entities shall comply with the provisions of their pollution discharge permits, operate and maintain pollution prevention and control facilities in accordance with ecological and environmental management requirements, establish environmental management systems, and strictly control pollutant emissions.
Article 18: Polluting entities shall, in accordance with the regulations of the competent ecological and environmental authorities, construct standardized pollutant discharge outlets and install signage.
The location and number of pollutant discharge outlets, as well as the methods and destinations of pollutant discharge, shall be in compliance with the provisions of the pollutant discharge permit.
Pollution-discharging entities undertaking new construction, renovation, expansion projects, or technological upgrading shall, concurrently with the construction of pollution prevention and control facilities, establish standardized pollutant discharge outlets.
Article 19: Polluting entities shall, in accordance with the provisions of their discharge permits and relevant standards and specifications, conduct self-monitoring in compliance with the law and maintain original monitoring records. The retention period for such original monitoring records shall be no less than five years.
Polluting entities shall be responsible for the authenticity and accuracy of their self-monitoring data and shall not alter or falsify such data.
Article 20: Pollutant-discharging entities subject to key management under the pollutant discharge permit system shall, in accordance with law, install, operate, and maintain automatic pollutant emission monitoring equipment, and connect such equipment to the monitoring systems of the competent ecological and environmental authorities.
When a pollutant-discharging entity detects anomalies in the data transmitted by its automatic pollutant‑emission monitoring equipment, it shall promptly report such anomalies to the competent ecological and environmental authority and carry out inspection and repair.
Article 21: Polluting entities shall establish an environmental management ledger recording system and, in accordance with the format, content, and frequency specified in their discharge permits, accurately record the operational status of major production facilities and pollution control facilities, as well as the concentrations and quantities of pollutant emissions. The retention period for such environmental management records shall be no less than five years.
When a pollutant-discharging entity detects abnormal conditions, such as pollutant emissions exceeding emission standards, it shall immediately take measures to eliminate or mitigate the resulting harm, maintain accurate records in its environmental management ledger, and report to the competent ecological and environmental authority, providing an explanation of the cause. Pollutant emissions under such abnormal circumstances—i.e., emissions exceeding emission standards—shall be counted toward the entity’s total pollutant discharge volume.
Article 22: Polluting entities shall, in accordance with the content, frequency, and time requirements stipulated in their discharge permits, submit discharge permit implementation reports to the approving authority, truthfully reporting their pollutant discharge activities, discharge concentrations, discharge volumes, and other relevant information.
If a discharge unit suspends production during the validity period of its pollutant discharge permit, it shall accurately report any changes in pollutant emissions and provide an explanation for such changes in its discharge permit implementation report.
The pollutant emission quantities reported in the discharge permit implementation report may serve as the basis for annual ecological and environmental statistics, the assessment of total emissions of key pollutants, and the compilation of pollutant source emission inventories.
Article 23: Polluting entities shall, in accordance with the provisions of their discharge permits, truthfully disclose pollutant emission information on the National Discharge Permit Management Information Platform.
Information on pollutant emissions shall include the types of pollutants discharged, their concentrations and quantities, as well as details on the construction and operation of pollution prevention and control facilities, compliance reports under discharge permits, and self-monitoring data. In cases where waterborne pollutants are discharged into the municipal sewage network, such information shall also encompass the location of the connection point to the municipal network and the discharge method.
Article 24: Enterprises, institutions, and other producers and operators whose pollutant generation, emissions, and environmental impacts are all minimal shall submit a pollution discharge registration form and are not required to apply for a pollution discharge permit.
The list of enterprises, institutions, and other producers and operators required to submit pollution discharge registration forms shall be formulated and promulgated by the State Council’s competent department for ecological and environmental protection. In formulating this list, opinions shall be solicited from relevant departments, industry associations, enterprises and institutions, and the general public.
Enterprises, institutions, and other producers and operators required to file a pollution discharge registration form shall enter basic information, the destinations of pollutant discharges, the applicable pollutant emission standards, and the pollution prevention and control measures adopted on the National Pollutant Discharge Permit Management Information Platform. If any of the reported information changes, such changes shall be updated within 20 days from the date of the change.
Chapter Four
Supervision and inspection
Article 25: The competent department for ecological and environmental protection shall strengthen ongoing and post‑permit supervision, incorporate enforcement inspections of pollutant discharge permits into the annual ecological and environmental enforcement plan, and, taking into account factors such as the category of permit management, the credit records of discharging entities, and the needs of ecological and environmental management, reasonably determine the frequency and methods of inspections.
The competent ecological and environmental authorities shall record the time, content, and results of enforcement inspections, as well as any administrative penalties imposed, on the National Pollutant Discharge Permit Management Information Platform, and shall simultaneously incorporate such penalty decisions into the relevant national credit information systems for public disclosure.
Article 26: Polluting entities shall cooperate with the competent ecological and environmental authorities in their supervision and inspection, truthfully report relevant information, and, as required, submit pertinent materials, including their pollutant discharge permits, environmental management ledger records, pollutant discharge permit implementation reports, and self-monitoring data.
It is prohibited to forge, alter, or transfer a pollutant discharge permit.
Article 27: The competent department for ecological and environmental protection may monitor the pollutant discharge of discharging entities through the National Pollutant Discharge Permit Management Information Platform. If it finds that the concentration of pollutants discharged by a discharging entity exceeds the permitted discharge concentration, it shall require the entity to submit relevant materials, including its pollutant discharge permit, environmental management ledger records, pollutant discharge permit implementation reports, and self-monitoring data, for verification; where necessary, on-site monitoring may be conducted.
Article 28: The competent ecological and environmental authority shall, on the basis of monitoring data collected during administrative law enforcement, as well as relevant materials such as the pollutant discharge unit’s discharge permit, environmental management ledger records, discharge permit compliance reports, and self-monitoring data, verify the pollutant discharge volume of the discharge unit within the prescribed period, and assess whether the operation and maintenance of the discharge unit’s pollution prevention and control facilities comply with the provisions of its discharge permit.
Article 29: Data on pollutant emissions submitted by discharging entities, obtained by the competent ecological and environmental authorities in accordance with the law through on-site monitoring, automatic monitoring equipment of discharging entities, and the National Pollutant Discharge Permit Management Information Platform, may be used as evidence to determine whether the concentration of pollutant emissions exceeds the permitted emission limit.
Where the self-monitoring data of a pollutant-discharging entity is inconsistent with the monitoring data collected by the ecological and environmental authorities and their affiliated monitoring agencies in the course of administrative law enforcement, the monitoring data collected by the ecological and environmental authorities and their affiliated monitoring agencies shall serve as the basis for such administrative law enforcement.
Article 30 The State encourages pollutant-discharging entities to adopt feasible pollution prevention and control technologies. The competent department of ecology and environment under the State Council shall formulate and promulgate guidelines on feasible pollution prevention and control technologies.
If a pollutant-discharging entity has not adopted feasible pollution prevention and control technologies, the competent department for ecological environment shall, based on relevant materials such as the pollutant discharge permit, environmental management ledger records, the pollutant discharge permit implementation report, self-monitoring data, as well as monitoring data collected by the competent department and its affiliated monitoring agencies during administrative law enforcement, comprehensively assess whether the pollution prevention and control technologies employed by the entity can stably meet the requirements stipulated in the pollutant discharge permit. For entities that cannot stably comply with the permit’s requirements, the competent department shall issue rectification orders and may increase the frequency of inspections.
When developing technical guidelines for the prevention and control of pollution, opinions shall be solicited from relevant departments, industry associations, enterprises and public institutions, as well as the general public.
Article 31 Any organization or individual shall have the right to report to the competent ecological and environmental authority any conduct by a pollutant-discharging entity that violates the provisions of these Regulations.
The competent ecological and environmental authority that receives a report shall handle it in accordance with the law, provide feedback on the outcome to the whistleblower as prescribed by relevant regulations, and maintain the whistleblower’s confidentiality.
Chapter Five
Legal Liability
Article 32: In violation of the provisions of these Regulations, if the competent department for ecological and environmental protection engages in any of the following acts during the approval or supervisory management of discharge permits, the superior authority shall order it to make corrections; and the persons directly in charge and other persons directly responsible shall be disciplined in accordance with the law:
(1) Failing to accept an application for a pollutant discharge permit that meets the statutory requirements, or failing to review and approve such an application within the statutory time limit;
(2) Issuing a pollutant discharge permit to a discharging entity that does not meet the statutory requirements;
(3) Issuing a pollutant discharge permit in violation of the approval authority;
(4) Failing to investigate and address illegal acts upon discovery;
(5) Other acts of failing to perform supervisory and administrative duties in accordance with the law.
Article 33: In violation of the provisions of these Regulations, if a pollutant-discharging entity engages in any of the following acts, the competent department for ecological and environmental protection shall order it to make corrections or impose restrictions on production, suspend production for remediation, and impose a fine of no less than RMB 200,000 but no more than RMB 1 million; in cases of serious circumstances, with approval from the people’s government authorized to approve such measures, the entity shall be ordered to cease operations or shut down.
(1) Discharging pollutants without obtaining a discharge permit;
(2) Discharging pollutants after the expiration of the discharge permit without applying for an extension, or discharging pollutants despite a rejected extension application;
(3) Discharging pollutants after the discharge permit has been lawfully revoked, cancelled, or suspended;
(4) Where, in accordance with the law, a reapplication for a pollutant discharge permit is required, discharging pollutants without having obtained such a permit through reapplication.
Article 34: In violation of the provisions of these Regulations, if a pollutant-discharging entity engages in any of the following acts, the competent department for ecological and environmental protection shall order it to make corrections or impose restrictions on production, suspend production for remediation, and impose a fine of no less than RMB 200,000 but no more than RMB 1 million; in cases of serious violations, the pollutant discharge permit shall be revoked, and, upon approval by the people’s government authorized to grant such approval, the entity shall be ordered to cease operations or shut down.
(1) Discharging pollutants in excess of the permitted concentration or permitted discharge volume;
(2) Illegally discharging pollutants by evading regulatory oversight through methods such as using clandestine pipelines, seepage wells, seepage pits, injection, or by tampering with or falsifying monitoring data, or by operating pollution‑control facilities in a manner that renders them inoperable.
Article 35: In violation of the provisions of these Regulations, if a pollutant-discharging entity engages in any of the following acts, the competent department for ecological and environmental protection shall order it to make corrections and impose a fine of no less than RMB 50,000 but no more than RMB 200,000; in cases of serious circumstances, a fine of no less than RMB 200,000 but no more than RMB 1 million shall be imposed, and the entity shall be ordered to restrict production or suspend production for remediation.
(1) Failure to control fugitive emissions of air pollutants in accordance with the provisions of the discharge permit;
(2) Failing to cease or limit pollutant emissions during designated periods as required by the discharge permit.
Article 36: In violation of the provisions of these Regulations, if a pollutant-discharging entity engages in any of the following acts, the competent department for ecological and environmental protection shall order it to make corrections and impose a fine of no less than RMB 20,000 but no more than RMB 200,000; if the entity refuses to make corrections, it shall be ordered to suspend production for remediation:
(1) The location or number of pollutant discharge outlets does not comply with the provisions of the discharge permit;
(2) The manner or destination of pollutant discharge does not comply with the provisions of the discharge permit;
(3) Damaging or unauthorized relocation or alteration of automatic pollutant emission monitoring equipment;
(4) Failing to install and use automatic pollutant‑emission monitoring equipment as required by the discharge permit and to connect such equipment to the monitoring system of the competent ecological and environmental authority, or failing to ensure the proper operation of the automatic pollutant‑emission monitoring equipment;
(5) Failure to formulate and implement a self-monitoring plan in accordance with the provisions of the discharge permit;
(6) Failure to retain original monitoring records in accordance with the provisions of the discharge permit;
(7) Failing to disclose pollutant discharge information as required by the discharge permit, or disclosing such information falsely;
(8) Failing to report abnormal conditions, such as anomalies in the transmission of data from automatic pollutant‑emission monitoring equipment or pollutant emissions exceeding emission standards;
(9) Other acts that violate the requirements for controlling pollutant emissions as stipulated by laws and regulations.
Article 37: In violation of the provisions of these Regulations, if a pollutant-discharging entity engages in any of the following acts, the competent department for ecological and environmental protection shall order it to make corrections and impose a fine of no less than RMB 5,000 but no more than RMB 20,000 per instance; where otherwise provided by law, such provisions shall prevail:
(1) Failure to establish an environmental management ledger recording system, or failure to record in accordance with the provisions of the discharge permit;
(2) Failure to accurately record the operational status of major production facilities and pollution control facilities, or the concentration and quantity of pollutant emissions;
(3) Failure to submit the discharge permit implementation report as required by the discharge permit;
(4) Failure to truthfully report pollutant discharge activities or the concentration and quantity of pollutants discharged.
Article 38: If a pollutant-discharging entity violates the provisions of these Regulations by discharging pollutants, is imposed a monetary penalty, and is ordered to make corrections, the competent department for ecological and environmental protection shall conduct a follow-up inspection. If it is found that the entity continues to engage in the unlawful act or refuses or obstructs the inspection, a daily continuous penalty shall be imposed in accordance with the provisions of the Environmental Protection Law of the People’s Republic of China.
Article 39: If a pollutant-discharging entity refuses to cooperate with the supervision and inspection conducted by the competent department of ecology and environment, or engages in fraud during such supervision and inspection, the competent department shall order it to make corrections and impose a fine ranging from RMB 20,000 to RMB 200,000.
Article 40: If a pollutant-discharging entity obtains a pollutant discharge permit through fraudulent, bribery‑related, or other improper means, the approving authority shall, in accordance with law, revoke its pollutant discharge permit, impose a fine of no less than RMB 200,000 but no more than RMB 500,000, and prohibit it from applying for another pollutant discharge permit within three years.
Article 41: Any person who, in violation of the provisions of these Regulations, forges, alters, or transfers a pollutant discharge permit shall have the relevant documents confiscated or the pollutant discharge permit revoked by the competent ecological and environmental authority, and shall be subject to a fine of no less than RMB 100,000 but no more than RMB 300,000; furthermore, such person shall be prohibited from applying for another pollutant discharge permit within three years.
Article 42: In violation of the provisions of these Regulations, if a pollutant discharge permit technical agency entrusted by the approval authority engages in fraud or falsification, the approval authority shall terminate the entrustment, record the relevant information in its credit file, publish it on the National Pollutant Discharge Permit Management Information Platform, and simultaneously include it in the national credit information system for public disclosure. In cases of serious violations, such agency shall be prohibited from providing pollutant discharge permit technical services.
Article 43: Enterprises, institutions, and other producers or operators required to submit a pollutant discharge registration form, if they fail to report their pollutant discharge information in accordance with the provisions of these Regulations, shall be ordered by the competent ecological and environmental authority to make corrections and may be subject to a fine of no more than RMB 50,000.
Article 44: If a pollutant-discharging entity engages in any of the following acts that do not yet constitute a crime, in addition to being subject to penalties as prescribed in these Regulations, the persons directly in charge and other persons directly responsible shall be detained in accordance with the provisions of the Environmental Protection Law of the People’s Republic of China.
(1) Discharging pollutants without obtaining a discharge permit, being ordered to cease discharging, and refusing to comply;
(2) Illegally discharging pollutants by evading regulatory oversight through methods such as using clandestine pipelines, seepage wells, seepage pits, injection, or by tampering with or falsifying monitoring data, or by operating pollution‑control facilities in a manner that renders them inoperable.
Article 45: Any act that violates the provisions of these Regulations and constitutes a violation of public order shall be subject to administrative punishment in accordance with the law; if such act constitutes a crime, criminal liability shall be pursued in accordance with the law.
Chapter Six
Supplementary Provisions
Article 46: Polluting entities that were already discharging pollutants in fact prior to the entry into force of these Regulations, but do not meet the conditions stipulated herein, shall, within the time limit prescribed by the competent department of ecological environment under the State Council, carry out rectification to comply with the conditions set forth in these Regulations and apply for a pollutant discharge permit. If, upon expiration of the prescribed period, they have still failed to obtain such a permit, they shall be prohibited from continuing to discharge pollutants. During the rectification period, the competent department of ecological environment shall issue a notice of限期整改 (deadline‑based rectification) specifying the scope of rectification, the deadline for compliance, and other relevant requirements.
Article 47 The formats and content requirements for documents such as the application form for a pollutant discharge permit, records in the environmental management ledger, and the implementation report of the pollutant discharge permit, as well as the technical specifications for the application and issuance of pollutant discharge permits, shall be formulated by the department under the State Council responsible for ecological and environmental protection.
Article 48: Where enterprises, public institutions, and other producers or operators handle state secrets, their discharge permits, supervisory management, and related matters shall comply with the provisions of laws and regulations on confidentiality.
Article 49: The management of pollutant emissions from mobile sources such as aircraft, ships, motor vehicles, and trains shall be carried out in accordance with the provisions of relevant laws and regulations.
Article 50: Polluting entities shall comply with safety production regulations, operate and maintain pollution prevention and control facilities in accordance with safety management requirements, and establish a safety production management system.
Where, in the course of operating and maintaining pollution prevention and control facilities, violations of work safety regulations result in a work safety accident, the polluting entity bearing responsibility shall be subject to penalties in accordance with the relevant provisions of the Work Safety Law of the People’s Republic of China.
Article 51 This Regulation shall come into force on March 1, 2021.