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Understanding One Article | Guidelines for Standardizing Enterprise Environmental Credit Restoration
Time：
2024-03-20
Guidelines for Standardizing Enterprise Environmental Credit Restoration
In order to further standardize the work of enterprise environmental credit restoration, better promote enterprises to actively improve environmental behavior, reshape enterprise credit, and timely lift various restrictions including credit, the Guangdong Provincial Department of Ecology and Environment has formulated a procedure for enterprise environmental credit restoration in accordance with relevant documents. The specific guidelines are as follows:
01 Scope and Time of Application
Scope of application: According to the announcement by the Department of Ecology and Environment of Guangdong Province, the environmental credit rating results are pollution discharge units of environmental warning enterprises (yellow cards) and environmental non-performing enterprises (red cards), except for those that have been repaired immediately in the same evaluation cycle.
Applicable time: Within six months after the Guangdong Provincial Department of Ecology and Environment announces the results of the enterprise environmental credit evaluation.
02 Apply for credit repair
The following conditions must be met simultaneously:
Substantive rectification of the original credit downgrade behavior
1. The environmental impact assessment system and the "three simultaneities" system have not been implemented. Provide documents that have completed environmental protection procedures; If the equipment has been dismantled and added without authorization, on-site photos and inspection records from the ecological environment management department should be provided;
2. The total amount of major pollutants discharged exceeds the control indicators (referred to as "exceeding the total amount"). Provide on-site verification records from the ecological environment regulatory department, etc;
3. Those who have been listed for supervision by the ecological environment regulatory department and have not completed the rectification within the prescribed time limit (referred to as "listed supervision and rectification overdue"). Provide documents such as delisting from the ecological environment regulatory department's supervision of the listing process;
4. Pollutant emissions exceeding standards. Take engineering measures (replacement of equipment, addition of equipment, process renovation, etc.) for rectification, and provide relevant supporting materials (monitoring reports, purchase of equipment invoices, engineering renovation contracts, on-site inspection records of ecological environment authorities, etc.);
5. Solid waste (including hazardous waste) was not disposed of in accordance with regulations. Provide relevant materials for implementing standardized management of hazardous waste, such as transfer contracts, transfer vouchers, and filing documents with ecological and environmental authorities;
6. Ecological protection in site selection and layout. Provide on-site inspection records of the implementation of rectification by the ecological environment regulatory department;
7. Ecological protection in resource utilization. Provide on-site verification by the ecological and environmental management department that the enterprise has completed the substitution or no longer uses the raw materials included in the national plans of the Stockholm and Montreal treaties;
8. Ecological protection in development and construction. Provide on-site verification reports from the ecological environment regulatory department on the implementation of ecological protection measures by enterprises;
9. Pollutant discharge declaration or permit. Provide a valid pollution discharge permit that has been reviewed annually;
10. Payment of pollution discharge fees. Provide proof of supplementary submission;
11. Standardized treatment of sewage outlets. Provide proof materials such as photos of the ecological environment regulatory department's on-site inspection of the standardized rectification of sewage outlets, installation of automatic online monitoring instruments and networking, and normal operation;
12. Enterprises self monitor. According to the provisions of the Measures for Self monitoring and Information Disclosure of National Key Monitoring Enterprises, provide on-site verification of inspection records of enterprises relying on their own personnel, premises, and equipment for self monitoring by the ecological environment regulatory department, or entrust other inspection (monitoring) institutions to carry out self monitoring on their behalf;
13. Internal environmental management situation. Provide a report on the completion of on-site verification by the ecological environment regulatory department, including training certificates for environmental protection agencies, full-time/part-time environmental management personnel, and pollution control facility operators, internal environmental management system materials, basic information on pollution control facilities, and operation management records;
14. Environmental risk management. Provide on-site verification reports from the ecological and environmental regulatory authorities, including the "Emergency Plan for Sudden Environmental Incidents" and registration forms prepared by the enterprise, regularly carry out emergency drill materials, establish an environmental safety hazard investigation and control system, and organize the implementation of materials in place. Purchase mandatory environmental pollution liability insurance in accordance with regulations, etc;
15. Mandatory clean production audit. Provide technical service contracts, clean production reports, and clean production certificates;
16. Environmental pollution complaint cases. Rectify the complaint situation and provide on-site inspection and improvement suggestions from the ecological environment regulatory department;
17. Media supervision. Rectify the environmental dishonesty behavior exposed by the media and provide suggestions for improvement through on-site inspections by the ecological environment regulatory department;
18. Information disclosure. According to the Provisional Regulations on Enterprise Information Disclosure (State Council Order No. 654) and relevant laws and normative documents such as the Measures for Environmental Information Disclosure of Enterprises and Institutions (Ministry of Environmental Protection Order No. 31), provide photos or screenshots of information publicly available on major public media, and provide verifiable source information such as website addresses (the provided website must be able to directly display the submitted evidence content);
19. Self monitoring information disclosure. Enterprises provide information disclosure on the "Guangdong Province Key Monitoring Enterprises Self monitoring Information Release Platform".
The enterprise rated as red or yellow has not engaged in excessive emissions of pollutants during the period of applying for restoration.
No other environmental violations occurred during the repair period.
03 No application for corporate credit repair
Enterprises that have been awarded a red card due to one of the following circumstances are not allowed to apply for corporate credit repair (enterprises with malicious or serious environmental violations)
1. Because environmental violations constitute environmental crimes;
2. Setting up concealed pipes or using seepage wells, pits, cracks, caves, etc. to discharge, dump, or dispose of water pollutants, or discharging atmospheric pollutants through private bypass systems;
3. Unlawful discharge, dumping, and disposal of hazardous waste, or providing or entrusting units or individuals without business licenses or beyond the scope of business licenses to collect, store, utilize, and dispose of hazardous waste;
4. Environmental violations that cause interruption of centralized drinking water sources;
5. Environmental violations that cause significant adverse effects on environmentally sensitive areas such as drinking water source protection areas, nature reserves, national key ecological function areas, scenic spots, residential function areas, and basic farmland protection areas;
6. Engaging in illegal activities such as natural resource development, transportation infrastructure construction, and other development and construction activities, causing serious ecological damage;
7. Major or above sudden environmental incidents occur;
8. Refusing or obstructing on-site inspections by personnel of ecological and environmental authorities through violence, threats, or other means;
9. Those who violate the relevant provisions of the emergency plan for heavy pollution weather and fail to respond effectively to heavy pollution weather.
04 Operating Procedures
Acceptance
The application for credit restoration must provide the rectification status of all issues in the credit evaluation, the implementation of plans and commitments to improve environmental behavior, and the initial review opinions of the ecological environment management department at or above the local level. The enterprise shall submit a credit restoration application to the Guangdong Provincial Department of Ecology and Environment, submit relevant materials (paper and electronic versions), and the Comprehensive Law Enforcement Department of the Guangdong Provincial Department of Ecology and Environment shall accept it. After receiving the repair application and related materials submitted by the enterprise, the Pollution Source Management Office of the Comprehensive Law Enforcement Department of the Guangdong Provincial Department of Ecology and Environment shall immediately review the materials, examine whether the enterprise is suitable for the repair object, meets the repair conditions, and whether the rectification report meets the requirements. If it does not meet the credit repair conditions, it shall not be accepted and the reasons shall be explained in writing to the enterprise; Those who meet the conditions for credit repair will be accepted.
On site verification
After accepting the application for enterprise restoration, the Comprehensive Law Enforcement Department of the Guangdong Provincial Department of Ecology and Environment shall propose whether to organize on-site inspections of the enterprise according to the situation, and organize monitoring and confirmation based on the actual situation.
Publicity
After reviewing the materials, those that meet the restoration requirements need to be publicly displayed on the public website of the Guangdong Provincial Department of Ecology and Environment.
Collective deliberation and document issuance
After the project materials are reviewed, they are submitted to the Guangdong Provincial Department of Ecology and Environment for collective review. After the meeting is approved, a document is issued for approval and copied to the Provincial Development and Reform Commission, Provincial Economic and Information Commission, Provincial Administration for Industry and Commerce, Bank of China Guangzhou Branch, and Guangdong Banking Regulatory Bureau; If it only involves three situations where environmental protection procedures need to be improved: construction before approval, investment before inspection, and major changes without approval, the document can be directly submitted after the handling person reviews the environmental impact assessment approval, acceptance opinions, and other materials
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