The General Office of the Ministry of Environmental Protection ("MEP") has recently issued the Administrative Measures for Pollutant Discharge Licensing (Draft for Comment) (the "Draft for Comment") for public comments before August 19, 2017.
The Draft for Comment applies to the application for, issuance and implementation of the pollutant discharge permit, as well as other practices, such as regulation and punishment, in respect of the pollutant discharge licensing. Six types of enterprises, public institutions and other producers and operators as specified by laws and regulations, including "enterprises and public institutions that discharge industrial waste gases or poisonous and harmful air pollutants as listed by the State", will be subject to pollutant discharge licensing administration. Additionally, the Draft for Comment clearly states that pollutant discharge entities should comply with seven requirements, such as "discharging pollutants in accordance with the licensed items, such as the emission concentration and emission load, as indicated on the pollutant discharge permit". Furthermore, the Draft for Comment stresses that a pollutant discharge entity which discharges pollutants without a legally acquired pollutant discharge permit will be punished by competent authorities of environmental protection under the governments at or above the county level pursuant to applicable laws, regulations or rules. For an entity that has received a penalty but refuses to make rectification, though it is ordered to do so, further penalties may be imposed incessantly on a daily basis.