Notice of Beijing Municipal Bureau of Ecology and Environment on Printing and Distributing the Benchmark of Beijing General Construction Project Environmental Impact Assessment Approval Discretion.
Jing Huan Fa [2023] No.18
All relevant units:
In order to thoroughly implement the Opinions of General Office of the State Council on Further Standardizing the Establishment and Management of Administrative Discretion Benchmarks (Guo Ban Fa [2022] No.27) and the Implementation Opinions of Beijing Leading Group Office for Promoting Administration by Law on Further Standardizing the Establishment and Management of Administrative Discretion Benchmarks (Jing Yi Administration Fa [2023] No.4), and standardize the implementation of the administrative licensing discretion benchmark system, According to the Environmental Protection Law of People’s Republic of China (PRC), the Law of the People’s Republic of China on Environmental Impact Assessment and other laws and regulations, and in combination with the actual work of environmental impact assessment supervision in this Municipality, the Municipal Bureau of Ecology and Environment has studied and formulated the Benchmark of Beijing General Construction Project Environmental Impact Assessment Approval Discretion, which is hereby issued.
One,The eco-environmental departments of all districts (including the Administrative Examination and Approval Bureau of Beijing Economic and Technological Development Zone), as well as the Management Committee of Beijing City Sub-center and the Management Committee of Beijing Daxing International Airport Airport Airport Economic Zone (Daxing), which undertake the responsibility of environmental impact assessment and approval, may refer to the relevant requirements of this notice to examine and approve the environmental impact assessment documents of construction projects.
Second,This notice shall be implemented as of the date of issuance, and the Notice of Beijing Municipal Bureau of Ecology and Environment on Standardizing the Examination and Approval Items of Environmental Impact Assessment of Construction Projects (Jing Huan Fa [2021] No.11) shall be abolished at the same time.
I hereby inform you.
Beijing Municipal Bureau of Ecological Environment
November 17, 2023
Benchmark of Beijing General Construction Project Environmental Impact Assessment Approval Discretion
I. Basic elements
1. Name of administrative licensing item: environmental impact assessment and approval of general construction projects.
Step 2 Set the basis
(1) Article 19 of People’s Republic of China (PRC) Environmental Protection Law
(2) Article 3 of the Environmental Impact Assessment Law of the People’s Republic of China
(3) Article 19 of People’s Republic of China (PRC) Water Pollution Prevention Law
(4) Article 18 of the Air Pollution Prevention Law of People’s Republic of China (PRC).
(5) Article 18 of the Law of People’s Republic of China (PRC) on Prevention and Control of Soil Pollution.
(6) Article 17 of the Law of People’s Republic of China (PRC) on the Prevention and Control of Environmental Pollution by Solid Waste.
(7) Article 24 of People’s Republic of China (PRC) Noise Pollution Prevention Law.
(8) Article 6 of Regulations on Environmental Protection Management of Construction Projects
3. Exercise hierarchy
The basis for the division of authority at the municipal and district levels:
(1) Decision of Beijing Municipal People’s Government on Exercising Part of Administrative Power and Handling Part of Public Services by the Management Committee of Beijing Economic and Technological Development Zone (Beijing Zhengfa [2019] No.23)
(2) Decision of Beijing Municipal People’s Government on the Administration Committee of Airport Economic Zone (Daxing) of Beijing Daxing International Airport and relevant departments of Daxing District Government to exercise some administrative powers to handle some public service matters (J.F.F. [2020] No.22).
(3) Decision of the Beijing Municipal People’s Government on the exercise of a number of municipal administrative powers by some key functional area management agencies and relevant departments of the district government (No.27 [2021] of Beijing Municipality)
(4) Catalogue of Construction Projects under the Management Authority of Environmental Impact Assessment Documents of Beijing Bureau of Ecology and Environment (2022 edition) (Notice No.7 of Beijing Bureau of Ecology and Environment, 2022)
(5) Decision of Beijing Municipal People’s Government on the exercise of a number of municipal administrative powers by some key functional area management agencies and relevant departments of the district government (Beijing Zhengfa [2023] No.4)
Second, the licensing conditions
1. The type of construction project and its location, layout and scale are in compliance with environmental protection laws and regulations and relevant statutory plans;
2. If the environmental quality of the region does not meet the national or local environmental quality standards, the measures to be taken by the construction project can meet the requirements of regional environmental quality improvement target management;
3. The pollution prevention measures adopted by the construction project can ensure that the pollutant discharge reaches the national and local discharge standards, and take necessary measures to prevent and control ecological damage;
4 renovation, expansion and technical transformation projects put forward effective prevention and control measures for the original environmental pollution and ecological damage of the project;
5. The basic data of the environmental impact report and the environmental impact report form of the construction project are true, and there are no major defects or omissions in the content, and the conclusion of the environmental impact assessment is clear and reasonable;
6. The construction project conforms to the industrial policies of the state and this Municipality and the requirements related to cleaner production, and the industrial construction project adopts cleaner production technology with less energy and material consumption and less pollution, and makes rational use of natural resources;
7. Construction projects take measures to control the discharge of major pollutants, and the discharge of pollutants meets the requirements of the state and this Municipality for total pollutant control.
Third, the application materials
1. Application for approval of environmental impact assessment documents of construction projects;
2 construction project environmental impact report (table);
3 on the construction project environmental impact assessment documents to delete the information should not be disclosed;
4. Description of public participation (environmental impact statement project);
5. Complete environmental impact report (form) (publicity draft);
6. Letter of Commitment for Informing Environmental Impact Assessment (Informing the project for approval).
Iv. Intermediary service (optional)
1. Name of intermediary service: preparation of environmental impact report of construction project (table)
2. Set the basis for intermediary services
(1) Article 19 of the Environmental Impact Assessment Law of the People’s Republic of China
(2) Article 13 of Regulations on Environmental Protection Management of Construction Projects
3. Agency providing intermediary services: technical unit of environmental impact assessment.
4. The charging nature of intermediary services: operating service charges (market-adjusted prices).
V. Examination and approval procedures
1. The applicant’s application;
2. Acceptance/rejection by the examination and approval authority;
3. Accepting publicity;
4. Technical assessment (carried out in some cases);
5. On-site inspection (carried out in some cases);
6. Examination by the examination and approval authority;
7. To review the publicity;
8. Hearing (in some cases);
9. Approval/disapproval by the examination and approval authority;
10. Announcement of approval decision.
VI. Time limit for examination and approval
1. Time limit for acceptance: 1 working day.
2. Legal time limit for examination and approval: 60 working days for the environmental impact report and 30 working days for the environmental impact report form.
3. Time limit for commitment approval: 29 working days for environmental impact report and 14 working days for environmental impact report form.
VII. Charges
Is there any charge for handling administrative license? No.
Eight, license
1. Name of approval result: approval document of environmental impact report (form) of construction project.
2. Validity period of examination and approval results: long term (projects that have not started construction for five years need to be re-examined).
3. Do you need to go through the formalities for changing the approval result? No.
4. Do you need to go through the formalities for renewal of approval results? No.
IX. Quantitative restrictions
without
X. Annual Inspection Report
1. Is there any annual inspection requirement: None.
2. Is there an annual report requirement: None.
XI. Inadmissibility
1. Conditions of inadmissibility
(1) If the application does not need to obtain an administrative license according to law, it shall immediately inform the applicant that it will not be accepted;
(2) If the application matters do not fall within the scope of functions and powers of the administrative organ according to law, it shall immediately make a decision not to accept it, and inform the applicant to apply to the relevant administrative organ.
2. Inadmissible implementation procedures
Issue a written certificate of inadmissibility stamped with the special seal of the ecological environment department and dated.
XII. Others
Other aspects of environmental impact assessment and approval of general construction projects involving administrative licensing shall be implemented in accordance with the Administrative Licensing Law of People’s Republic of China (PRC).