Chapter 1 General Provisions
Article 1 In order to strengthen the management of the production and construction of chromium compounds, protect the life safety of citizens, protect the ecological environment, and standardize the production and construction of chromium compounds, these Measures are formulated in accordance with the Administrative Licensing Law of the People's Republic of China and relevant laws and administrative regulations. .
Article 2 These Measures shall apply to the construction, installation or expansion of chromium compound production facilities and the production of chromium compounds in the territory of the People's Republic of China (hereinafter referred to as chromium compound production projects).
Article 3 The construction of a chromium compound production project shall, in accordance with the present Measures, apply to the Ministry of Industry and Information Technology of the People's Republic of China (hereinafter referred to as the Ministry of Industry and Information Technology) and obtain the "Chrome Compound Production and Construction License" (hereinafter referred to as the "Permit"). .
Article 4 The chromium compounds mentioned in the present Measures refer to products such as chromate, dichromate, and chromic anhydride produced from chromium-containing raw materials such as chromium ore and carbon-chromium-iron, as well as the use of chromates and dichromates. Or chromium salts, chromium oxides and other products produced by chromic anhydride.
Article 5 The construction of chromium compound production projects shall follow the principles of overall planning, rational distribution, strict management, and fairness.
Chapter II Application and Review
Article 6 The construction of a chromium compound production project shall meet the following conditions:
(I) In line with national plans for the production and construction of chromium compounds, there are fixed places outside the densely populated areas, drinking water source protection areas, groundwater recharge areas and other environmentally sensitive areas, national or local places of interest, and other areas that need special protection. .
(2) Chromium compound production facilities and chromium-containing waste treatment and comprehensive utilization facilities that comply with national industrial policies and standards.
(3) It has sound safety production, environmental protection facilities and management systems, and has safe production conditions.
(D) have a sound quality management system and environmental management system.
(5) Other conditions stipulated by laws and administrative regulations.
Article 7 To apply for the License, the following materials shall be submitted to the Ministry of Industry and Information Technology:
(1) Business application report.
(2) Opinions of provincial-level industrial and informatization competent departments where the production facilities are located.
(3) A copy of the copy of the business license of the enterprise legal person.
(4) A copy of the company's principal responsible person and production safety management personnel who serve as a security qualification certificate.
(5) Valid proof of operation such as safe production and environmental protection.
(6) Quality management system certification and environmental management system certification.
(7) Project land use certification or land planning opinions.
(8) Project environmental impact assessment documents (including plans for the treatment and comprehensive utilization of chromium-containing wastes) and the documents approved by the Ministry of Environmental Protection.
(9) The safety assessment report for hazardous chemicals production devices in service, the safety permit submissions for hazardous chemicals construction projects, and the safety production supervision and management department of major hazard sources agree to file for the record.
(10) Other materials prescribed by laws and administrative regulations.
An enterprise that has applied for the "License" for a newly-built project may not submit the relevant documents specified in items (5) and (6) of the preceding paragraph.
Article 8 The Ministry of Industry and Information Technology shall review the applicant's application materials. If the application materials are complete and in accordance with the statutory form, they shall be accepted and a notification of acceptance shall be issued; if the application materials are incomplete or do not conform to the statutory form, the applicant shall be notified on the spot or within five working days of the full content of the amendments.
Article 9 The Ministry of Industry and Information Technology shall make an administrative license decision within 20 working days from the date of acceptance of the application; if it cannot make an administrative license decision within 20 working days, it may be approved by the person in charge of the Ministry of Industry and Information Technology. Ten working days are extended and the applicant is informed of the reasons for the extension of the deadline.
Article 10 The Ministry of Industry and Information Technology may, in the process of making an administrative license decision, hire an expert to review the application materials when necessary, and the time required shall not be calculated within the time limit prescribed in Article 9 of the present Measures.
Article 11 If the Ministry of Industry and Information Technology needs to verify the substantive contents of the application materials during the process of accepting licenses or needs to check the conditions of the applicants, it may carry out on-site inspections of the applicants' relevant circumstances, and two or more jobs shall be assigned when checking. Staff conducted.
The applicant shall cooperate with the inspection activities conducted by the Ministry of Industry and Information Technology.
Article 12 Before the Ministry of Industry and Information Technology agrees to issue the "Permit", it shall publicize five working days on the Internet of the Ministry of Industry and Information Technology. If there is objection, the verification shall be conducted according to law; if there is no objection, the "License" shall be issued and the list shall be announced.
Article 13 The content of the "License" includes: the name of the enterprise legal person, the legal representative, the registered address, the production address, the validity period, the license variety and the ability.
Chapter III Supervision and Administration
Article 14 The Ministry of Industry and Information Technology shall strengthen the supervision and inspection of licensees, consult or require the submission of relevant materials in accordance with the law. The licensee should cooperate and provide the relevant information and materials truthfully.
Article 15 The licensee shall carry out annual self-examination according to the conditions of the license and report the result of the self-examination of the previous year to the Ministry of Industry and Information Technology before March 31 of each year. The licensee’s self-inspection report serves as a reference for the replacement of the validity period of the “Permitâ€.
The licensee’s self-inspection report shall include the following contents:
(1) Production and operation status of enterprises: status of production and construction activities of chromium compounds, treatment and comprehensive utilization of chromium slag, review of cleaner production, level of clean production, etc.;
(II) Changes in the development of enterprises: Changes in the ownership and registered capital of enterprises, changes in the names and qualifications of enterprises, changes in registration and production sites, changes in production varieties and capabilities, and changes in principal responsible persons.
(III) Construction of enterprise management capabilities: Construction and operation of enterprise quality assurance system, establishment of enterprise safety production and environmental protection system, and operation conditions.
Article 16 The Ministry of Industry and Information Technology shall review the self-examination report. After review, if the self-examination report does not meet the requirements, the licensee will re-inspect itself; if it still does not meet the requirements after the self-examination, the Ministry of Industry and Information Technology shall organize the inspection and order it to rectify.
Article 17 The Ministry of Industry and Information Technology shall, when supervising and inspecting the licensee, record the situation of supervision and inspection and the result of the processing, and shall be signed by the supervisory and inspector and the licensee before filing.
Article 18 The Ministry of Industry and Information Technology shall observe the principles of fairness, fairness, and openness in the supervision and inspection of certified enterprises, shall not obstruct the normal production and construction activities of the licensee, and shall not charge any fees.
Article 19 "Permit" is valid for three years.
If the company needs to continue to engage in the production of chromium compounds after the expiration of the validity period of the License, it shall apply to the Ministry of Industry and Information Technology for a continuation of the renewal application within 90 days before the expiry of the validity period and submit the following materials:
(a) Continuation of renewal application documents.
(2) Opinions of the provincial department of industry and informationization.
(3) A copy of the copy of the business license of the enterprise legal person.
(4) Copy of quality management system certification and environmental management system certification.
(5) Copies of valid certification documents such as safe production and environmental protection.
(6) Proof of material in operation condition of chromium compound production equipment.
(7) Progress of treatment and comprehensive utilization of chromium slag.
(8) The annual self-inspection report of the company for the past three years.
After the review meets the conditions, the Ministry of Industry and Information Technology grants permission to renew the new certificate; if it does not meet the conditions, it will not be reissued, and inform the applicant in writing and explain the reasons.
Article 20 Where a licensee carries out mergers, divisions, and relocations, it shall reapply for the "License" in accordance with the provisions of these Measures. The Ministry of Industry and Information Technology shall make a decision on whether or not to agree within 20 working days after receiving the application. After verification, if there is no change in the permit conditions that meets the conditions of this regulation, the new certificate shall be approved and the original certificate shall be withdrawn; if it does not meet the conditions, it shall not be replaced, and the original certificate shall be withdrawn, and the applicant shall be informed in writing and explain the reasons.
Chapter IV Legal Liability
Article 21 Where a licensee obtains a license by fraud or bribery or other improper means, the Ministry of Industry and Information Technology shall revoke its "License" and impose a fine of not less than 10,000 yuan but not more than 30,000 yuan depending on the circumstances. Do not apply for permission again within three years.
Article 22 If a licensee has one of the following circumstances, the Ministry of Industry and Information Technology shall order it to make correction within a time limit, give a warning, and impose a fine of less than 30,000 yuan:
(1) Altering, reselling, renting, lending, or otherwise illegally transferring the "License."
(2) When supervising and inspecting, concealing the relevant circumstances, providing false materials or refusing to provide authentic materials reflecting its activities.
(3) Failure of supervision and inspection, rectification within one month is still unqualified.
Article 23 The Ministry of Industry and Information Technology shall impose a fine of not less than 10,000 yuan but not more than 30,000 yuan depending on the seriousness of the case, if the installation of a chromium compound production device has not been obtained without permission under the Permit.
Article 24 If the licensee has one of the following circumstances, the Ministry of Industry and Information Technology shall order it to make corrections within a time limit, and will not accept the application for change of license, new license, and license change of the licensee within the correction period:
(1) The chromium slag produced was not treated according to the “Comprehensive Treatment Plan for Chromium Slag Pollutionâ€.
(2) The licensed project has not passed the environmental protection inspection and acceptance of the project; it has a major pollution accident or fails to meet the discharge standards, and is ordered by the national or local environmental protection department to rectify it within a time limit.
(3) Failure to pass the clean production audit.
(4) There are illegal construction projects, which have not yet been rectified or rectified but have not been completed according to the requirements of relevant state departments.
(5) There are major safety hazards, which cannot be corrected for a moment, or the conditions for safe production do not meet the requirements of the standard.
Article 25 For an enterprise that has not obtained the "License," the relevant administrative department may not issue or reissue the relevant "Production License for Industrial Products" or other certificates.
Article 26 Any unit or individual has the right to report to the department that has the supervision and management responsibility for violations of the "People's Republic of China Administrative Licensing Law" and these Measures.
Chapter 5 Supplementary Provisions
Article 27 Before the implementation of the Measures or the production of these measures, the License shall be applied within one year from the date of implementation of these Procedures in accordance with the provisions of these Measures.
Article 28 The "License" includes the original and a copy, and the original and copy have the same legal effect.
The "License" is uniformly printed by the Ministry of Industry and Information Technology. Issuing or reissuing the "Permit" may not charge the licensee's fees.
Article 29 These Measures shall come into effect on the day of the year.
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