Circular No. 07/2007/TT-BTNMT guiding classification and determination of the list of facilities causing environmental pollution that need to be addressed

CIRCULAR

Guidelines for classifying and determining the list of facilities that need to be treated

 causing environmental pollution

_____________________ 

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. 80/2006/NĐ-CP dated August 9, 2006 of the Government detailing and guiding the implementation of certain provisions of the Law on Environmental Protection;

Pursuant to Decree No. 91/2002/NĐ-CP dated November 11, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Natural Resources and Environment;

Pursuant to Decision No. 64/2003/QĐ-TTg dated April 22, 2003 of the Prime Minister approving the Plan for Thoroughly Treating Facilities Causing Severe Environmental Pollution;

The Ministry of Natural Resources and Environment hereby provides guidelines for classifying and determining the list of facilities causing environmental pollution that need to be treated as follows:

I. Basis for Classifying Facilities Causing Environmental Pollution

1. The classification of facilities causing environmental pollution shall be based on the degree of violation of Vietnam's environmental standards (in this Circular, the term "environmental standards" is used according to the provisions of the Law on Environmental Protection and is understood as the term "technical regulations on the environment" as defined in the Law on Standards and Technical Regulations) of the main pollution parameters concerning wastewater, exhaust gas, noise, and vibration.

2. The main environmental parameters concerning wastewater, exhaust gas, noise, and vibration of the facility include:

2.1. pH and temperature of wastewater;

2.2. Radioactive substances in wastewater and exhaust gas;

2.3. Parameters specified in the corresponding Vietnamese environmental standards determined by competent state agencies based on environmental impact assessment reports or environmental standard compliance registration forms (prepared before July 1, 2006) or environmental protection commitment letters (prepared from July 1, 2006) or environmental protection plans (prepared from July 1, 2006) which have been approved, confirmed by competent state agencies, or as provided in the Appendix attached to this Circular.

3. In cases where facilities violate solid waste management regulations and cause environmental pollution around them, competent state agencies shall determine additional main environmental parameters concerning wastewater and exhaust gas caused by solid waste according to the guidance in Clause 2 of this Article to serve as the basis for classifying facilities causing environmental pollution.

II. Criteria for Classifying Facilities Causing Environmental Pollution

1. A facility causing severe environmental pollution is a facility falling under one of the following circumstances:

1.1. Having two or more general pollution parameters exceeding Vietnam's environmental standards by five times or more;

1.2. Having two or more hazardous pollution parameters exceeding Vietnam's environmental standards by three times or more;

1.3. Having one general pollution parameter exceeding Vietnam's environmental standards by five times or more and one hazardous pollution parameter exceeding Vietnam's environmental standards by three times or more;

1.4. Having an average value of two pollution parameters exceeding Vietnam's environmental standards by six times or more;

1.5. Having two or more pollution parameters exceeding Vietnam's environmental standards and at least one general pollution parameter exceeding Vietnam's environmental standards by ten times or more;

1.6. Having two or more pollution parameters exceeding Vietnam's environmental standards and at least one hazardous pollution parameter exceeding Vietnam's environmental standards by five times or more;

1.7. Containing radioactive substances causing environmental pollution beyond permissible levels;

1.8. Having wastewater pH equal to or less than two (≤ 2) or greater than twelve point five (> 12.5);

1.9. Having wastewater temperature higher than 45 degrees Celsius.

2. A facility causing environmental pollution is a facility not falling under any of the circumstances mentioned in Clause 1 of this Article but having one or more environmental parameters concerning wastewater, exhaust gas, noise, and vibration exceeding Vietnam's environmental standards.

III. Procedure for Classifying and Determining the List of Facilities Causing Environmental Pollution That Need to Be Treated

1. Before March 31 each year, based on the latest results of environmental inspection and supervision and the criteria for classifying facilities causing environmental pollution set out in Section II of this Circular, the Department of Natural Resources and Environment shall prepare a list and propose measures to handle facilities causing environmental pollution and severe environmental pollution within its jurisdiction (excluding facilities in the defense and security sectors) according to Model 1 and Model 2 attached to this Circular, report to the People's Committee at the same level, the Ministry of Natural Resources and Environment; send the list of facilities causing environmental pollution and severe environmental pollution to ministries, ministerial-level agencies, government agencies, economic groups, and corporations 91 (hereinafter referred to collectively as ministries and sectors) related to such facilities.

2. Before April 30 each year, based on the reports of the Department of Natural Resources and Environment, the People's Committee of provinces and centrally-administered cities shall perform the following tasks:

2.1. Determine the list and handling of facilities causing environmental pollution and severe environmental pollution within their jurisdiction (excluding facilities in the defense and security sectors) in accordance with point b, Clause 3, Article 49 of the Law on Environmental Protection; for facilities under the management authority of ministries and sectors, they must consult the relevant ministries and sectors before making a decision;

2.2. Report the list of facilities causing severe environmental pollution within their jurisdiction (excluding facilities in the defense and security sectors) whose scale exceeds their authority or capacity to handle or that of the ministries and sectors according to Model 3 attached to this Circular for the Ministry of Natural Resources and Environment to compile and submit to the Prime Minister for decision in accordance with point d, Clause 3, Article 49 of the Law on Environmental Protection;

3. Before March 31 each year, the specialized agency for environmental protection under the Ministry of National Defense and the Ministry of Public Security, based on the latest results of environmental inspection and supervision and the criteria for classifying facilities causing environmental pollution set out in Section II of this Circular, shall take the lead and coordinate with the Department of Natural Resources and Environment related to the matter to prepare a list of facilities causing environmental pollution and severe environmental pollution in the defense and security sectors according to Model 4 and Model 5 attached to this Circular and submit it to the Minister of National Defense and the Minister of Public Security and send it to the Ministry of Natural Resources and Environment.

4. Before April 30 each year, based on the report from the environmental protection specialized agency, the Minister of National Defense and the Minister of Public Security shall perform the following tasks:

4.1. Decide on the list and handling of facilities causing environmental pollution, serious environmental pollution within their jurisdiction;

4.2. Report the list of facilities causing serious environmental pollution exceeding their authority or capacity to handle according to Model No. 6 attached hereto for the Ministry of Natural Resources and Environment to compile and submit to the Prime Minister for decision in accordance with point d, Clause 3, Article 49 of the Environmental Protection Law.

5. Before May 30 each year, based on the list and proposals for measures to handle facilities causing serious environmental pollution submitted by the People's Committees of provinces and centrally governed cities, the Ministry of National Defense, and the Ministry of Public Security, the Ministry of Natural Resources and Environment shall submit to the Prime Minister for decision on the list and handling of facilities causing serious environmental pollution.

6. The direction to organize the implementation of handling facilities causing environmental pollution and facilities causing serious environmental pollution shall be carried out in accordance with Clause 4, Article 49 of the Environmental Protection Law.

IV. Implementation Organization

1. Specialized agencies for environmental protection under ministries, sectors, and provincial Departments of Natural Resources and Environment shall closely cooperate during the classification and listing of facilities causing environmental pollution and facilities causing serious environmental pollution.

2. Provincial Departments of Natural Resources and Environment shall notify decisions on handling facilities causing environmental pollution and serious environmental pollution in their localities to the People's Committees of districts and communes where such facilities are located, and publicly announce them to the people to jointly inspect and supervise the implementation.

3. The Environmental Protection Agency shall consolidate, monitor, and inspect the classification of facilities causing environmental pollution and facilities causing serious environmental pollution in accordance with this Circular; publish in mass media the facilities causing serious environmental pollution in accordance with point d, Clause 1, Article 104 of the Environmental Protection Law.

4. During the implementation process, if any difficulties arise, relevant ministries, sectors, People's Committees of provinces and centrally governed cities, provincial Departments of Natural Resources and Environment, and related organizations and individuals shall promptly reflect them to the Ministry of Natural Resources and Environment for consideration and adjustment.