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Administrative measures for the collection of pollution emission charges
Original title: 排污费征收标准管理办法
Links: Original source (in Chinese) (link).
According to the "Regulations on the levying and use of pollutant emission charges" (State Council Decree No. 369) of the State Council, these "Administrative measures for the collection of pollution emission charges" were specifically formulated。Is hereby publicized and shall enter into force as of July 1, 2003。
State Development Planning Commission of the People's Republic of China
Ministry of Finance of the People's Republic of China
State Environmental Protection Administration of the People's Republic of China
State Economic and Trade Commission of the People's Republic of China
Decree No. 31
2/28/2003
Administrative measures for the collection of pollution emission charges
Article 1 In order to standardize the administrative management of pollution emission charges, according to the "Regulations on the levying and use of pollutant emission charges" (State Council Decree No. 369) of the State Council, hereinafter referred to as the "Regulations", and other relevant provisions, these Measures were formulated。
Article 2 Enterprises and privately or individually-owned businesses that discharge pollutants directly into the environment (hereinafter referred to as "polluters") shall pay the pollutant emission charges in accordance with the provisions of these Measures。
Article 3 The department for environmental protection of the local people's government at the county level or above shall impose pollutant emission charges on the polluters according to the following pollutant emission charge items：
(A) Waste water emission charges。When pollutants are emitted into water bodies, waste water charges shall be levied according to the type and quantity of the pollutants emitted；when national or local water pollutant discharge standards are exceeded, the emission charges shall be double the amount calculated in accordance with the type of pollutant emitted, the amount of emissions, and the standard charges as determined by these measures。
Facilities for the centralized treatment of urban sewage, which are levied waste water treatment fees in accordance with the provisions of this measure, shall not also be charged waste water discharge fees。
When centralized urban sewage treatment facilities take in waste water that conforms to the national standard, and when discharged effluent after treatment contains organic pollutants (chemical oxygen demand, biochemical oxygen demand, total organic carbon), suspended solids and coliform groups to an extent that exceeds national or local emission standards, the unit operating the urban sewage treatment facility shall be charged double the amount calculated in accordance with the type of above mentioned pollutant emitted, the amount of emissions, and the standard charges as determined by these measures. There will temporarily be no charge for ammoniacal nitrogen and total phosphorus。When centralized urban sewage treatment facilities do not exceed national or local emission standards, will not be charged waste water discharge fees。
(B) Exhaust gas emission charges。Those emitting pollutants into the atmosphere shall be levied exhaust gas emission charges in accordance with the type and quantity of pollutants discharged。There will temporarily be no levy on motor vehicles, aircraft, ships and other mobile emission sources。
(C) Discharge fees for solid wastes and hazardous wastes。Those that have not built industrial solid waste storage, or facilities or place for disposal, or have disposal facilities or places that do not meet the environmental protection standards, shall be levied solid waste emission charges in accordance with the type and quantity of solid waste discharged。Where the disposal of hazardous wastes by way of landfill is not in accordance with the provisions of the administrative department of environmental protection under the State Council, a discharge fee shall be levied on the basis of the type and amount of hazardous waste discharged。
(D) Excessive noise emission charges。Those that cause environmental noise pollution that exceeds the national environmental noise emission standards, and interfere with the normal life , work and study of others, shall be levied excessive noise emission charges on the basis of the number of decibels by which the noise exceeds the standard。Excessive noise charges will temporarily not be imposed on motor vehicles, aircraft, ships and other mobile sources of pollution 。
For the emission charges standards and calculation methods, see the annex。
Article 4 For types of pollutants and their approved method of calculation outside of those included in the provisions of the "Regulations", the administrative department of environmental protection at the city (prefecture-level city) level or above may, in regard of local conditions, using sampling methods to calculate the amount of emissions, and with calculation methods made public, and in accordance with the provisions on emission charges of these measures, levy emission charges on small polluters in the catering, entertainment and other service industries。
Article 5 The administrative department of environmental protection of the local people's government at the county level or above shall apply or make revisions to the "fee collection permit" at the designated pricing department, and use uniformly printed administrative fee collection bills from the taxation departments of the province, autonomous region or municipalities under direct control of the central government。
Article 6 The administrative departments of environmental protection of the local people's governments at the county level or above shall strictly implement the provisions of these Measures, and the pricing and finance departments at all levels shall strengthen the supervision and inspection of the collection of emission fees. Where, in violation of the provisions, collection of fees is done arbitrarily, this shall be investigated and dealt with in accordance with the relevant laws and regulations。
Article 7 Interpretation of these Measures shall be done by the State Planning Commission and the Ministry of Finance, the State Environmental Protection Administration and the State Economic and Trade Commission。
Article 8 These Measures will be effective from July 1, 2003。The original "Circular on the issuance of environmental protection system administrative fees items and standards" ([1992] Prices and fees no. 178) of the State Pricing Bureau and the Ministry of Finance, provisions relevant to emission charges ；the "Circular on the collection of waster water pollution emission charges" [Pricing dept. (1993) No. 1366] of the State Planning Commission and Ministry of Finance；the "Approval on the pilot implementation pollution emission charges on the total amount of pollutants discharged in waste water" (Pricing Dept. [1995] No. 2090) of the t State Planning Commission and the Ministry of Finance；the "Circular on the expansion of the pilot project for the collection of sulfur dioxide emission charges in acid rain control areas and sulfur dioxide pollution control areas" (HuanFa [1998] No. 6) of the State Environmental Protection Administration, the State Planning Commission, the Ministry of Finance and the State Economic and Trade Commission；the "Circular on the pilot implementation of charges on total emission of pollution in Hangzhou and two other cities" (HuanFa [1998] No. 73) of the State Environmental Protection Administration, the State Planning Commission, and the Ministry of Finance, as well as provisions on pollution emission charges developed by local governments, are simultaneously abolished。
Annex：
Pollutant emission charges and calculation method
1. Waste water emission charges and calculation method
(A) Waste water emission charges shall be levied on the polluter based on the type, the amount and pollution equivalent value of the emitted pollutants. The standard fees for each pollution equivalent is 0.7 Yuan。
(B) Waste water emission charges shall be levied on no more than 3 pollutants per discharge point, with the pollutants ranked from large to small on the basis of their total pollution equivalents。Of these, the emission charges shall be double the amount calculated in accordance with the type of pollutant emitted, the amount of emissions, and the standard charges as determined by these measures, when national or local emission standards are exceeded。
For polluters discharging cooling water, mining water and types of waste water, calculations of the pollution equivalent should deduct the background value of the water taken in。
(C) Calculation of the pollution equivalent of water pollutants
I. Calculation of the pollution equivalent of general pollutants
Pollutant equivalent of a pollutant = Emission of the pollutant (kg) / pollution equivalent value of the contaminant (kg)
For pollution equivalent values of general pollutants, see Tables 1 and 2。
II. Calculation of pollution equivalent of PH value, number of coliform bacteria, residual chlorine
Pollution equivalent of a pollutant = amount of sewage (tons) / pollution equivalent value of the pollutant (tons)
III. Calculation of the pollution equivalent of color pollution
Pollution equivalent of chromaticity = amount of sewage discharged (ton) × factor by which chromaticity exceeds standard / pollution equivalent value of chromaticity (ton·unit）
For pollution equivalent values for PH value, color, coliform number, and residual chlorine, see Table 3。
No double charges are levied for PH value, color, coliform number, and total chlorine。
IV. Calculation of pollution equivalent values for the livestock and poultry breeding industry, small enterprises and the tertiary industry
Pollution equivalent = pollution emission characteristic value / pollution equivalent value
For pollution equivalent values for the livestock and poultry industry, small enterprises and the tertiary industry, see Table 4。
(D) Calculation of emission charges
1. Amount of pollution emission charges = 0.7 yuan × the amount of pollution equivalent of the first three pollutants
2. For pollution exceeding the state or local emission standards, excess pollution emission charges should be levied equal to one time the pollution emission charges, on top of the basic pollution emission charges。
Table 1. Pollution equivalent values for Category I water pollutants
| Pollutants | Pollution equivalent value (kg) |
| 1. Total mercury | 0.0005 |
| 2. Total cadmium | 0.005 |
| 3. Total chromium | 0.04 |
| 4. Hexavalent chromium | 0.02 |
| 5. Total arsenic | 0.02 |
| 6. Total lead | 0.025 |
| 7. Total nickel | 0.025 |
| 8. Benzo-(a)-pyrene | 0.0000003 |
| 9. Total beryllium | 0.01 |
| 10. Total silver | 0.02 |
Table 2. Pollution equivalent values for Category II water pollutants
| Pollutants | Pollution equivalent value (kg) |
| 11. Suspended solids (SS) | 4 |
| 12. Biochemical oxygen demand (BOD5） | 0.5 |
| 13. Chemical oxygen demand (COD) | 1 |
| 14. Total organic carbon (TOC) | 0.49 |
| 15. Petrolium and derivatives | 0.1 |
| 16. Animal and vegetable oils | 0.16 |
| 17. Volatile phenols | 0.08 |
| 18. Total cyanides | 0.05 |
| 19. Sulfides | 0.125 |
| 20. Ammonia nitrogen | 0.8 |
| 21. Fluorides | 0.5 |
| 22. Formaldehyde | 0.125 |
| 23. Aniline | 0.2 |
| 24. Nitrobenzene | 0.2 |
| 25. Anionic surfactant (LAS) | 0.2 |
| 26. Total copper | 0.1 |
| 27. Total zinc | 0.2 |
| 28. Total manganese | 0.2 |
| 29. Color developer (CD-2) | 0.2 |
| 30. Total phosphorus | 0.25 |
| 31. Elemental phosphorous (in P) | 0.05 |
| 32. Organophosphorus pesticide (in P) | 0.05 |
| 33. Dimethoate | 0.05 |
| 34. Parathion-methyl | 0.05 |
| 35. Malathion | 0.05 |
| 36. Parathion | 0.05 |
| 37. Pentachlorophenol and sodium pentachlorophenate (in pentachlorophenol) | 0.25 |
| 38. chloroform | 0.04 |
| 39. Adsorbable organic halides (AOX) (in Cl) | 0.25 |
| 40. Carbon tetrachloride | 0.04 |
| 41. Trichloroethylene | 0.04 |
| 42. Tetrachloroethylene | 0.04 |
| 43. benzene | 0.02 |
| 44. Methylbenzene | 0.02 |
| 45. Ethylbenzene | 0.02 |
| 46. ortho-Xylene | 0.02 |
| 47. para-Xylene | 0.02 |
| 48. meta-Xylene | 0.02 |
| 49. chlorobenzene | 0.02 |
| 50. orthodichlorobenzene | 0.02 |
| 51. p-dichlorobenzene | 0.02 |
| 52. p-nitrochlorobenzene | 0.02 |
| 53. 2,4-dinitrochlorobenzene | 0.02 |
| 54. Phenol | 0.02 |
| 55. m-cresol | 0.02 |
| 56. 2,4-dichlorophenol | 0.02 |
| 57. 2,4,6-trichlorophenol | 0.02 |
| 58. Dibutyl phthalate | 0.02 |
| 59. Dioctyl phthalate | 0.02 |
| 60. Acrylonitrile | 0.125 |
| 61. Total selenium | 0.02 |
Explanation：1. Classification of Class I and II pollutants is based on the "Integrated Wastewater Discharge Standard" (GB8978-1996)。
2. For the chemical oxygen demand (COD), biochemical oxygen demand (BOD5) and total organic carbon (TOC) from a single discharge point, only one item is levied。
Table 3. Pollution equivalent values for PH value, color, coliform number, residual chlorine
| Pollutants | Pollution equivalent values | |
| 1. PH value | 1. 0-1, 13-14
2. 1-2, 12-13 3. 2-3, 11-12 4. 3-4, 10-11 5. 4-5, 9-10 6. 5-6, |
0.06 tons of sewage
0.125 tons of sewage 0.25 tons of sewage 0.5 tons of sewage 1 tons of sewage 5 tons of sewage |
| 2. Color | 5 tons of water·unit | |
| 3. Number of coliform groups (in excess of standard) | 3.3 tons of sewage | |
| 4. Amount of residual chlorine (hospital wastewater disinfected with chlorine) | 3.3 tons of sewage | |
Explanation: 1. For coliform group count and total residual chlorine, only one item is levied。
2, PH 5-6 means greater than or equal to 5, less than 6；PH 9-10 refers to greater than 9, less than or equal to 10, and so forth。
Table 4. Pollution equivalent values for livestock breeding, small enterprises and the tertiary industry
| Type | Pollution equivalent values | ||
| Livestock farms | 1. Cattle | 0.1 head | |
| 2. Pigs | 1 head | ||
| 3. Chicken, ducks and other poultry | 30 birds | ||
| 4. Small businesses | 1.8 tons of sewage | ||
| 5. Food and beverage, entertainment, and service industries | 0.5 tons of sewage | ||
| 6. Hospitals | Disinfected | 0.14 beds | |
| 2.8 tons of sewage | |||
| Not disinfected | 0.07 beds | ||
| 1.4 tons of sewage | |||
Explanation: 1. This table is only applicable to the calculation of the number of pollutant equivalents for small-scale polluters such as livestock breeding, small-scale enterprises and tertiary industries that can not be actually monitored or for which no material balances can be determined。
2. Charges are only levied on livestock breeding farms with stock of more than 50 heads of cattle, 500 pigs, or 5000 chicken, ducks, or other poultry。
3. This table is used to calculate the pollution equivalent values for hospitals with more than 20 beds。
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2. Charges and calculation methods for exhaust gas emissions
(A) Exhaust gas emission charges shall be levied on the polluter based on the type, the amount and pollution equivalent value of the emitted pollutants. The standard fees for each pollution equivalent is 0.6 Yuan。
Of these, the pollution emission charges for sulfur dioxide shall be 0.2 yuan for each pollution equivalent for the first year, 0.4 yuan for each pollution equivalent for the second year (July 1, 2004 onwards), and have equal pollution emission charges with other air pollutants for the third year (July 1, 2005 onwards), that is, 0.6 yuan for each pollution equivalent。For nitrogen oxides, there shall be no pollution emission charges before July 1, 2004. From July 1, 2004 onwards, pollution emission charges will be 0.6 yuan for each pollution equivalent。
(B) Beijing's sulfur dioxide pollution emission charges is still as implemented in 1999 by the State Planning Commission and approved by the State Council, that is, 1.20 Yuan per kilogram of sulfur dioxide emission charges for high sulfur coal, and 0.50 Yuan per kilogram of sulfur dioxide emission charges for low sulfur coal。From July 1, 2005 onwards, sulfur dioxide emission charges will be 0.6 yuan for each pollution equivalent, for low sulfur coal。
For the first two years after implementation of these Measures, the sulfur dioxide emission charges in the cities of Hangzhou, Zhengzhou and Jilin, will be implemented on the basis of the total emission charges approved by the local people's government, that is, 0.6 yuan for each pollution equivalent in Hangzhou and Jilin two cities, and 0.5 yuan for each pollution equivalent in Zhengzhou 。From July 1, 2005 onwards, the sulfur dioxide pollution emission charges in these three cities will be in accordance with the provisions implemented in these Measures。
(C) Exhaust gas emission charges shall be levied on no more than 3 pollutants per discharge point, with the pollutants ranked from large to small on the basis of their total pollution equivalents。
(D) Calculation of the pollution equivalent of air pollutants
Pollution equivalent of a contaminant = Emission of the pollutant (kg) / pollution equivalent value of the pollutant (kg)
For pollution equivalent values of air pollutants, see Table 5
(E) Calculation of emission charges
Exhaust gas emission charges = 0.6 Yuan × the total pollution equivalent of the first three pollutants
Table 5. Pollution equivalent values of air pollutants
| Pollutants | Pollution equivalent values (kg) |
| 1. Sulfur dioxide | 0.95 |
| 2. Nitrogen oxides | 0.95 |
| 3. Carbon monoxide | 16.7 |
| 4. Chlorine gas | 0.34 |
| 5. Hydrogen chloride | 10.75 |
| 6. Fluorides | 0.87 |
| 7. Hydrogen cyanide | 0.005 |
| 8. Sulfuric acid mist | 0.6 |
| 9. Chromic acid mist | 0.0007 |
| 10. Mercury and its compounds | 0.0001 |
| 11. General dust | 4 |
| 12. Asbestos dust | 0.53 |
| 13. Glass wool dust | 2.13 |
| 14. Carbon black dust | 0.59 |
| 15. Lead and its compounds | 0.02 |
| 16. Cadmium and its compounds | 0.03 |
| 17. Beryllium and its compounds | 0.0004 |
| 18. Nickel and its compounds | 0.13 |
| 19. Tin and its compounds | 0.27 |
| 20. Soot | 2.18 |
| 21. benzene | 0.05 |
| 22. toluene | 0.18 |
| 23. p-xylene | 0.27 |
| 24. Benzo-(a)-pyrene | 0.000002 |
| 25. formaldehyde | 0.09 |
| 26. acetaldehyde | 0.45 |
| 27. Acrolein | 0.06 |
| 28. Methanol | 0.67 |
| 29. phenol | 0.35 |
| 30. asphalt smoke | 0.19 |
| 31. Anline | 0.21 |
| 32. chlorobenzene | 0.72 |
| 33. nitrobenzene | 0.17 |
| 34. acrylonitrile | 0.22 |
| 35.chlorethylene | 0.55 |
| 36. Phosgene | 0.04 |
| 37. hydrogen sulfide | 0.29 |
| 38. Ammonium | 9.09 |
| 39. trimethylamine | 0.32 |
| 40. methyl mercaptan | 0.04 |
| 41. methyl sulfide | 0.28 |
| 42. dimethyl disulfide | 0.28 |
| 43. styrene | 25 |
| 44. carbon disulfide | 20 |
(F) For the difficult to monitor soot, emission charges can be levied according to the Ringelmann blackness。The charges for each ton of fuel are：1 Yuan for Level 1, 3 Yuan for Level 2, 5 Yuan for Level 3, 10 Yuan for Level 4, and 20 Yuan for Level 5 。
3. Charges for the discharge of solid waste and hazardous waste
(A) Industrial solid wastes discharged from storage or disposal facilities not suited for this purpose, or storage or disposal facilities that fail to meet environmental protection standards (i.e., no facilities for the prevention of leakages, scattering, or draining), will be levied a one-time solid waste discharge fee。The charges collected per ton of solid wastes are：Smelting slag 25 Yuan, fly ash 30 Yuan, slag 25 Yuan, coal gangue 5 Yuan, tailings 15 Yuan, other slag (including semi-solid, liquid waste) 25 Yuan。
(B) For the discharge of hazardous wastes from landfill methods that are not in accordance with the relevant provisions of the national government, the discharge fee is 1000 Yuan per ton per occurence。
Hazardous waste refers to items included in the National Hazardous Waste List, or a waste that has hazardous properties as identified by the identification criteria and identification methods defined by the national government。
4. Charges for the emission of noise that exceeds noise standards
Polluters generating environmental noise that exceeds the national environmental noise emission standards, and interferes with other people's normal life, work and study, will be levied excessive noise charges in accordance with the factor by which the noise exceeds the standard; see Table 6 for the charges。
Table 6. Charges for excessive noise
| Factor by which standard is exceeded | 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 |
| Fees (Yuan/month) | 350 | 440 | 550 | 700 | 880 | 1100 | 1400 | 1760 |
| Factor by which standard is exceeded | 9 | 10 | 11 | 12 | 11 | 14 | 15 | 16 and above |
| Fees (Yuan/month) | 2200 | 2800 | 3520 | 4400 | 5600 | 7040 | 8800 | 11200 |
Explanation: 1. Where an enterprise exceeds the noise standard at multiple locations along a border of the enterprise, the amount of the levy should be calculated on the basis of the highest level of noise. Where there are two or more spots with noise level above standard along a border of 100 meters or more, the charge is doubled。
2. Where one enterprise has different operating locations, the charges shall be calculated separately, and collected together。
3. Where the environmental noise level is above standard both at day-time and night-time, the tax rate payable is calculated separately for day-time and night-time, and collected in total。
4. Where a source of noise is above standard on less than 15 days within a month, the charges are reduced to half。
5. At night-time, where there are frequent outbursts or occasional outbursts of noise above standard at the border of industrial areas, the charges are calculated based on either the equivalent continuous sound level, or the peak sound level, whichever is higher above standard。
6. Where multiple buildings in different stages of construction are being constructed at one site by a single construction company, noise emission charges are determined on the basis of the construction phase that emits the highest level of noise。
7. Charges are based on distinct decibel numbers; calculations shall be made by rounding to the nearest full number。
8. No excessive noise charges shall be levied on rural residents building their own homes。
