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Must see! Have you mastered the "three secrets" of environmental protection acceptance for project completion?
Time：
2024-10-24
Enterprises conducting environmental protection acceptance for project completion must comply with relevant regulations based on the nature of the project, pay attention to the acceptance time, content, selection of qualified third parties, and avoid fraud. Environmental protection facilities that do not meet requirements or violate laws and regulations shall not be accepted as qualified. Acceptance shall be carried out according to procedures, and shall be publicly announced and archived for future reference.
1、 How to carry out environmental protection acceptance after project completion?
When enterprises conduct environmental protection acceptance for project completion, they should follow the corresponding standards according to the nature of the project. Construction projects with pollution impact shall comply with the "Technical Guidelines for Environmental Protection Acceptance of Construction Projects upon Completion - Pollution Impact Category" and its related acceptance technical specifications; Ecological impact construction projects (including marine engineering projects) shall comply with the "Technical Specifications for Environmental Protection Acceptance of Construction Projects" and related acceptance technical specifications for ecological impact.
At the same time, during the environmental acceptance of project completion, the following four aspects should also be noted:
（1） When will the acceptance work be carried out?
Article 17 of the Regulations on the Management of Environmental Protection for Construction Projects (State Council Order No. 682) stipulates that after the completion of a construction project that prepares an environmental impact assessment report (form), the construction unit shall, in accordance with the standards and procedures prescribed by the competent environmental protection administrative department of the State Council, conduct acceptance inspection on the environmental protection facilities of the supporting construction and prepare an acceptance report.
（2） What are the main contents of the acceptance report?
The acceptance report is divided into three parts: acceptance monitoring (investigation) report, acceptance opinions, and other matters that need to be explained.
(1) Acceptance monitoring (investigation) report
After the completion of the construction project, the construction unit shall truthfully inspect, monitor, and record the construction and commissioning of the environmental protection facilities of the construction project, and prepare an acceptance monitoring (investigation) report. Construction projects that mainly discharge pollutants shall prepare acceptance monitoring reports in accordance with the "Technical Guidelines for Environmental Protection Acceptance of Completed Construction Projects - Pollution Impact Category"; Construction projects that mainly affect the ecology (including marine engineering projects) shall prepare acceptance investigation reports in accordance with the "Technical Specification for Environmental Protection Acceptance of Construction Projects - Ecological Impact Category"; For construction projects such as thermal power generation, petroleum refining, water conservancy and hydropower, nuclear and radiation, port terminals, offshore oil and gas extraction, urban rail transit, etc. that have issued industry acceptance technical specifications, acceptance monitoring (investigation) reports shall be prepared in accordance with the industry acceptance technical specifications.
(2) Acceptance Opinion
The acceptance opinion should include the basic situation of the construction project, changes in the project, implementation of environmental protection facilities, commissioning effect of environmental protection facilities, impact of the construction on the environment, acceptance conclusion, and subsequent requirements. The acceptance conclusion should clarify whether the environmental protection facilities of the construction project have been accepted as qualified. Members of the acceptance team shall sign and confirm the acceptance opinions.
(3) Other matters that need to be explained
The content that the construction unit should truthfully record includes a brief introduction to the design, construction, and acceptance process of environmental protection facilities, the implementation of other environmental protection measures proposed in the environmental impact assessment report (form) and its approval decision by the approval department, as well as the rectification work, etc. The specific content and requirements shall refer to the appendix of the relevant technical specifications for acceptance.
（3） How to choose a capable and qualified third-party technical service provider?
The selection of third-party technical service units (mainly including acceptance monitoring units and acceptance report preparation units) should be comprehensively considered from the aspects of qualification certification, professional ability, service scope, experience, compliance and credit.
If the construction unit does not have the ability to prepare acceptance monitoring (investigation) reports, it may entrust capable and qualified technical institutions to prepare them. The construction unit is responsible for the conclusion of the acceptance monitoring (investigation) report prepared by the commissioned technical institution. The rights and obligations between the construction unit and the entrusted technical institution, as well as the responsibilities that the entrusted technical institution should bear, can be stipulated in the form of a contract.
It should be noted that for third-party technical service units entrusted by the construction unit to undertake acceptance monitoring (investigation) reports, if they fail to carry out acceptance work in accordance with relevant national and local standards, norms, and guidance, resulting in fraudulent behavior in independent acceptance, the ecological environment department will impose penalties on the construction unit in accordance with the "Regulations on the Management of Environmental Protection for Construction Projects". Third party monitoring agencies suspected of fraud will be handed over to market regulatory authorities for investigation and punishment in accordance with the law. After assuming administrative legal responsibility, the construction unit shall seek compensation from a third-party organization in accordance with the civil contract signed by both parties, and demand that they bear corresponding breach of contract liability. Therefore, the construction unit should carefully choose third-party technical service units, conscientiously implement the main responsibility of acceptance, and avoid losses.
（4） What are the typical situations of common fraud?
The construction unit and third-party technical service units responsible for acceptance business must eliminate the following illegal situations of fraud during the acceptance process:
1. Falsify or tamper with key information. Falsifying or tampering with key information in the acceptance report, including environmental procedures such as environmental impact assessment approval status and pollutant discharge permit application status; Basic information of the construction site, nature, scale, production process, etc; Information on pollutant emissions, including types of major pollutants, emission destinations, and total emissions; Main pollutant and environmental quality monitoring points, monitoring factors, monitoring frequency and cycle, monitoring results, compliance judgment and other acceptance monitoring information; Information on environmental protection facilities, including types, quantities, installation locations, commissioning and operation effects, and the installation and networking status of monitoring facilities.
2. Key content is missing. The acceptance report is missing the following key contents, including: failure to analyze the main changes and reasons of the project, which belong to major changes but have not provided re approval of the environmental impact assessment documents; Failure to analyze the actual construction, commissioning and operation, and treatment effects of the main environmental protection facilities required by the environmental impact assessment documents and approval documents; Failure to monitor characteristic pollutants in accordance with environmental impact assessment documents and approval documents, current pollutant emission standards, and national total control requirements; Failure to record the implementation of ecological and environmental protection measures such as reducing regional pollutants, phasing out outdated production capacity, relocating residents within protective distances, monitoring during construction, and protecting habitats as required by environmental impact assessment and approval documents.
3. The acceptance conclusion is incorrect. If there are significant changes in the nature, scale, location, production processes adopted, or measures taken to prevent pollution and ecological damage of a construction project, and a conclusion is still drawn that it does not constitute a significant change; The main pollutant emissions do not meet the relevant national and local standards, environmental impact assessment documents and approval documents, or national total control requirements, but are still recognized as meeting the emission standards or environmental quality acceptance standards; Other situations listed in Article 8 of the Interim Measures for Acceptance of Environmental Protection upon Completion of Construction Projects where acceptance is not allowed still result in a qualified acceptance conclusion.
4. Other fraudulent activities. Falsifying or tampering with the main certificates or supporting materials attached to the acceptance report; There are acts of tampering or falsifying monitoring data listed in Articles 4, 5, and 6 of the Measures for the Determination and Handling of Fraudulent Environmental Monitoring Data; Falsifying or altering public feedback and handling situations.
2、 The situation where no acceptance opinion can be given
If any of the following situations exist in the environmental protection facilities of a construction project, the construction unit shall not provide a qualified acceptance opinion:
（1） Failure to construct environmental protection facilities in accordance with the requirements of the environmental impact assessment report (form) and its approval department, or environmental protection facilities that cannot be put into operation or used simultaneously with the main project;
（2） Pollutant emissions that do not comply with relevant national and local standards, environmental impact assessment reports (forms) and their approval decisions, or the requirements of total emission control indicators for key pollutants;
（3） After the approval of the environmental impact assessment report (form), if there are significant changes in the nature, scale, location, production process adopted, or measures to prevent pollution and ecological damage of the construction project, and the construction unit fails to reapply for approval of the environmental impact assessment report (form) or the environmental impact assessment report (form) is not approved;
（4） Causing significant environmental pollution during the construction process that has not been completely controlled, or causing significant ecological damage that has not been restored;
（5） Construction projects included in the management of pollutant discharge permits that discharge pollutants without a permit or without a permit;
（6） Construction projects that should be inspected and accepted in stages according to law, and whose environmental protection facilities for phased construction, phased production or use have the ability to prevent and control environmental pollution and ecological damage that cannot meet the needs of their corresponding main projects;
（7） The construction unit has been punished for violating national and local environmental protection laws and regulations in the construction project, and has been ordered to make corrections, but the corrections have not been completed yet;
（8） The basic data of the acceptance report is obviously untrue, with significant omissions in the content, or the acceptance conclusion is unclear and unreasonable;
（9） Other environmental protection laws, regulations, and rules shall not pass the environmental protection acceptance.
3、 Acceptance work procedure
（1） Pollution impact category
The acceptance work mainly includes acceptance monitoring work and subsequent work, among which the acceptance monitoring work can be divided into five stages: initiation, self inspection, preparation of acceptance monitoring plan, implementation of monitoring and inspection, and preparation of acceptance monitoring report.
（2） Ecological impact category
The acceptance investigation work can be divided into five stages: preparation, preliminary investigation, preparation of implementation plan, detailed investigation, and preparation of investigation report.
Note: Within 5 working days after the expiration of the public notice period for the acceptance (investigation) report, the construction unit shall log in to the National Construction Project Completion Environmental Protection Acceptance Information Platform, fill in the basic information of the construction project, the acceptance status of environmental protection facilities and other relevant information, and the ecological environment competent department shall make the above information public. The construction unit shall archive the acceptance report and other archival materials for future reference.
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