Circular No. 04/2012/TT-BTNMT stipulates criteria for determining facilities causing environmental pollution and serious environmental pollution.

CIRCULAR

Regulations on criteria for determining pollution sources and serious pollution sources

__________________________

The Prime Minister issues this Decision amending and supplementing certain provisions of the Regulation on Response Activities to Oil Spill Incidents issued together with Decision No. 02/2013/QĐ-TTg dated January 14, 2013 of the Prime Minister.

Pursuant to Decree No. 117/2009/NĐ-CP dated December 31, 2009 of the Government on handling violations of laws in the field of environmental protection;

Pursuant to Decree No. 25/2008/NĐ-CP dated March 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment,amended and supplemented by Decree No. 19/2010/NĐ-CP dated March 5, 2010 of the Government and Decree No. 89/2010/NĐ-CP dated August 16, 2010 of the Government;

Considering the proposal of the General Director of the Environment Administration and the Head of the Legal Department;

The Minister of Natural Resources and Environment issues this Circular stipulating criteria for determining pollution sources and serious pollution sources.

Article 1. Scope of Regulation and Applicability

1. This Circular stipulates criteria for determining the basis for classifying pollution sources and serious pollution sources.

2. This Circular applies to production, business, and service establishments that generate waste within the territory of the Socialist Republic of Vietnam (hereinafter referred to as "establishments") and relevant agencies and organizations involved in activities to determine pollution sources and serious pollution sources.

Article 2. Principles and Basis for Determining Pollution Sources and Serious Pollution Sources

1. The determination of pollution sources and serious pollution sources must be conducted objectively, fairly, in accordance with the law and environmental standards and technical regulations; the degree of violation of acts causing environmental pollution includes:

a) Acts discharging wastewater, exhaust gas, dust exceeding environmental technical standards;

b) Acts causing noise and vibration exceeding environmental technical standards;

c) Acts burying or discharging solid pollutants, sludge into soil, surface water, groundwater, air exceeding environmental technical standards.

2. Determination of the degree of violation of acts causing environmental pollution

a) For the acts specified in point a, Clause 1 of this Article, the degree of violation is determined based on the amount of wastewater discharged, exhaust gas flow rate, and the number of times the characteristic environmental parameters in the wastewater, exhaust gas, and dust exceed environmental technical standards;

b) For the acts specified in point b, Clause 1 of this Article, the degree of violation is determined based on the number of times the noise and vibration levels exceed environmental technical standards, the affected objects, and the time when the act occurs;

c) For the acts specified in point c, Clause 1 of this Article, the degree of violation is determined based on the number of times the surface water quality, groundwater quality, ambient air quality, and soil environment parameters exceed environmental technical standards due to these acts.

3. Environmental parameters exceeding environmental technical standards are determined based on the results of monitoring and supervising those environmental parameters compared to corresponding environmental technical standards.

Article 3. Characteristic Environmental Parameters for Wastewater, Exhaust Gas, Dust, Noise, and Vibration

1. Characteristic environmental parameters for wastewater, exhaust gas, dust, noise, and vibration of establishments are determined as follows:

a) Environmental parameters for wastewater, exhaust gas, dust, noise, and vibration must be monitored and supervised regularly as required in environmental impact assessment reports, certificates of compliance with environmental standards, environmental protection commitment letters, detailed environmental protection plans, simple environmental protection plans of establishments approved or confirmed by competent state authorities;

b) For establishments without the environmental parameters specified in point a of this clause, competent state authorities shall decide the characteristic environmental parameters for wastewater and exhaust gas of the establishment based on the nature and type of operation of the establishment or its parts according to the provisions in the Appendix attached to this Circular.

2. The competent authority stipulated in point b, Clause 1 of this Article and Clause 3 of Article 9 of this Circular is the agency or organization assigned the task of determining and classifying pollution sources and serious pollution sources.

Article 4. Criteria for identifying pollution sources

A pollution source is a facility that has one or more environmental parameters exceeding technical standards on environmental quality concerning wastewater, exhaust gas, dust, noise, vibration, but does not fall within the scope of provisions stipulated in Articles 5, 6, 7, 8, and 9 of this Circular.

Article 5. Criteria for identifying serious pollution sources concerning wastewater

A serious pollution source is a facility violating one of the following criteria:

1. Discharging wastewater exceeding technical standards on environmental quality from two to less than five times and falling under one of the following cases:

a) Having two or three parameters exceeding technical standards on waste with a discharge volume of 500 cubic meters/day (24 hours) or more in cases containing hazardous substances or a discharge volume of 1,000 cubic meters/day (24 hours) or more in cases not containing hazardous substances;

b) Having four or five parameters exceeding technical standards on waste with a discharge volume of 200 cubic meters/day (24 hours) or more in cases containing hazardous substances or a discharge volume of 500 cubic meters/day (24 hours) or more in cases not containing hazardous substances;

c) Having six or more parameters exceeding technical standards on waste with a discharge volume of 100 cubic meters/day (24 hours) or more in cases containing hazardous substances or a discharge volume of 200 cubic meters/day (24 hours) or more in cases not containing hazardous substances.

2. Discharging wastewater exceeding technical standards on environmental quality from five to less than ten times and falling under one of the following cases:

a) Having two or three parameters exceeding technical standards on waste with a discharge volume of 200 cubic meters/day (24 hours) or more in cases containing hazardous waste or a discharge volume of 500 cubic meters/day (24 hours) or more in cases not containing hazardous substances;

b) Having four or five parameters exceeding technical standards on waste with a discharge volume of 100 cubic meters/day (24 hours) or more in cases containing hazardous waste or a discharge volume of 200 cubic meters/day (24 hours) or more in cases not containing hazardous substances;

c) Having six or more parameters exceeding technical standards on waste with a discharge volume of 50 cubic meters/day (24 hours) or more in cases containing hazardous waste or a discharge volume of 100 cubic meters/day (24 hours) or more in cases not containing hazardous substances.

3. Discharging wastewater exceeding technical standards on environmental quality from ten to less than fifty times and falling under one of the following cases:

a) Having two or three parameters exceeding technical standards on waste with a discharge volume of 100 cubic meters/day (24 hours) or more in cases containing hazardous waste or a discharge volume of 200 cubic meters/day (24 hours) or more in cases not containing hazardous substances;

b) Having four or five parameters exceeding technical standards on waste with a discharge volume of 50 cubic meters/day (24 hours) or more in cases containing hazardous waste or a discharge volume of 100 cubic meters/day (24 hours) or more in cases not containing hazardous substances;

c) Having six or more parameters exceeding technical standards on waste with a discharge volume of 10 cubic meters/day (24 hours) or more in cases containing hazardous waste or a discharge volume of 50 cubic meters/day (24 hours) or more in cases not containing hazardous substances.

4. Discharging wastewater exceeding technical standards on environmental quality fifty times or more and falling under one of the following cases:

a) Having one to three parameters exceeding technical standards on waste with a discharge volume of 50 cubic meters/day (24 hours) or more in cases containing hazardous waste or a discharge volume of 100 cubic meters/day (24 hours) or more in cases not containing hazardous substances;

b) Having four or five parameters exceeding technical standards on waste with a discharge volume of 10 cubic meters/day (24 hours) or more in cases containing hazardous waste or a discharge volume of 50 cubic meters/day (24 hours) or more in cases not containing hazardous substances;

c) Having six or more parameters exceeding technical standards on waste.

5. Discharging wastewater containing radioactive substances causing radiation contamination of the environment exceeding standards and technical regulations.

6. Discharging wastewater with a pH equal to or less than 2 (two) or greater than 12.5 (twelve point five).

Article 6. Criteria for determining serious environmental pollution sources regarding emissions and dust

A serious pollution source is a facility violating one of the following criteria:

1. Engaging in acts of emitting gases and dust exceeding environmental technical standards from two to less than five times and falling under one of the following cases:

a) One or two parameters exceed environmental technical standards for pollutants in cases where the exhaust gas flow rate is 2,000 cubic meters per hour or more;

b) Three parameters exceed environmental technical standards for pollutants in cases where the exhaust gas flow rate is 1,000 cubic meters per hour or more;

c) Four or more parameters exceed environmental technical standards for pollutants in cases where the exhaust gas flow rate is 500 cubic meters per hour or more.

2. Engaging in acts of emitting gases and dust exceeding environmental technical standards from five to less than ten times and falling under one of the following cases:

a) One or two parameters exceed environmental technical standards for pollutants in cases where the exhaust gas flow rate is 1,000 cubic meters per hour or more;

b) Three parameters exceed environmental technical standards for pollutants in cases where the exhaust gas flow rate is 500 cubic meters per hour or more;

c) Four or more parameters exceed environmental technical standards for pollutants in cases where the exhaust gas flow rate is 100 cubic meters per hour or more.

3. Engaging in acts of emitting gases and dust exceeding environmental technical standards from ten to less than fifty times and falling under one of the following cases:

a) One or two parameters exceed environmental technical standards for pollutants in cases where the exhaust gas flow rate is 500 cubic meters per hour or more;

b) Three parameters exceed environmental technical standards for pollutants in cases where the exhaust gas flow rate is 100 cubic meters per hour or more;

c) Four or more parameters exceed environmental technical standards for pollutants in cases where the exhaust gas flow rate is 50 cubic meters per hour or more.

4. Engaging in acts of emitting gases and dust exceeding environmental technical standards fifty times or more and falling under one of the following cases:

a) One or two parameters exceed environmental technical standards for pollutants in cases where the exhaust gas flow rate is 100 cubic meters per hour or more;

b) Three parameters exceed environmental technical standards for pollutants in cases where the exhaust gas flow rate is 50 cubic meters per hour or more;

c) Four or more parameters exceed environmental technical standards for pollutants in cases where the exhaust gas flow rate is 10 cubic meters per hour or more.

5. Emitting gases and dust containing radioactive substances causing radiation pollution exceeding standards and technical regulations.

Article 7. Criteria for determining serious environmental pollution sources regarding noise

A serious environmental pollution source is a source engaging in acts of causing noise pollution with a persistent and continuous nature, falling under one of the following cases:

1. Generating noise at 65 dBA or higher in areas requiring special quietness, hospitals, libraries, convalescent homes, or 80 dBA or higher in residential areas, hotels, houses, administrative offices, and the time of occurrence of such acts is between 9 PM the previous day and 6 AM the next morning.

2. Generating noise at 75 dBA or higher in areas requiring special quietness, hospitals, libraries, convalescent homes, kindergartens, schools, or 90 dBA or higher in residential areas, hotels, houses, administrative offices, and the time of occurrence of such acts is between 6 AM and 9 PM.

Article 8. Criteria for determining serious environmental pollution sources regarding vibration

A serious environmental pollution source is a source engaging in acts of causing vibration pollution with a persistent and continuous nature, falling under one of the following cases:

1. Generating vibration exceeding technical standards for vibration by 1.5 times or more, and the time of occurrence of such acts is between 9 PM the previous day and 6 AM the next morning, for areas requiring a particularly quiet environment, residential areas, hotels, guesthouses, mixed residential-commercial-service-production areas.

2. Generating vibration exceeding technical standards for vibration by two times or more, and the time of occurrence of such acts is between 6 AM and 9 PM, for areas requiring a particularly quiet environment, residential areas, hotels, guesthouses, administrative offices mixed within commercial-service-production areas.

Article 9. Criteria for identifying serious pollution sources regarding solid waste

1. A serious pollution source regarding solid waste is a facility that engages in burying, discharging into soil, water environment solid waste, sludge containing pollutants, causing at least one environmental parameter in the area receiving solid waste (soil, water, air) to exceed technical environmental standards for chemicals and heavy metals by three times or more, or causing at least one other environmental parameter in the area receiving solid waste to exceed technical environmental standards by five times or more.

2. The technical environmental standards referred to in Clause 1 of this Article shall be implemented in accordance with point c, Clause 2, Article 2 of this Circular.

3. The competent state agency shall determine the environmental parameters of the area receiving solid waste based on the nature and composition of solid waste and sludge containing pollutants, in order to identify and classify serious pollution sources in accordance with Clause 1 of this Article.

Article 10. Provisions on implementation

1. This Circular takes effect from June 25, 2012. The provisions in Sections I and II of Circular No. 07/2007/TT-BTNMT dated July 3, 2007, issued by the Ministry of Natural Resources and Environment guiding the classification and determination of the list of pollution sources requiring treatment, shall cease to be effective from the date this Circular takes effect.

2. During implementation, if there are any difficulties, ministries, sectors, localities, organizations, and individuals shall report them to the Ministry of Natural Resources and Environment for study and resolution./.