Quyết định 56/2004/QĐ-BNN của Bộ Nông nghiệp và Phát triển nông thôn quy định về thẩm quyền, thủ tục cấp giấy phép xả nước thải vào hệ thống công trình thuỷ lợi

DECISION

OF THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT NO. 56/2004/QD-BNN OF NOVEMBER 01, 2004 PROVIDING FOR THE AUTHORITY, PROCEDURES FOR THE ISSUANCE OF PERMITS FOR WASTEWARTER DISCHARGE INTO IRRIGATION WORK SYSTEMS

THE MINISTER OF AGRICULTURE AND RURAL DEVELOPMENT

Pursuant to the Ordinance on Exploitation and protection of irrigation works No. 32/2001/PL-UBTVQH of April 04, 2011;

Pursuant to the Government s Decree No. 86/2003/ND-CP of July 18, 2003 providing for functions, tasks, powers and organizational structure of the Ministry of Agriculture and Rural Development;

Pursuant to the Government s Decree No. 143/2003/ND-CP of November 28, 2003 detailing the implementation of a number of Articles of the Ordinance on Exploitation and protection of irrigation works;

At the proposal of Director of Water Resoures,

DECIDES:

Article 1.To issue under this Decision the Regulation on the authority, procedures for the issuance of permits for discharge of wastewater into irrigation work systems.

Article 2.This Decision takes effect after 15 days from the date of publishing in the Official Gazette.

Article 3.Chief of Offices, Director of Water Resoures, Heads of ministerial units and concerned organizations, individuals shall bear responsibility for the implementation of this Decision.

REGULATION

ON THE AUTHORITY, PROCEDURES FOR THE ISSUANCE OF PERMITS FOR DISCHARGE OF WASTEWATER INTO IRRIGATION WORK SYSTEMS
(issued under the Decision No. 56/2004/QD-BNN of November 01, 2004 of the Minister of Agriculture And Rural Development)

Chapter 1:

GENERAL PROVISIONS

Article 1. Scope of regulation

This Regulation provides for the authority, procedures for the issuance, extension, content adjustment, suspension, withdrawal of permits for discharge of wastewater into irrigation work systems.

Article 2. Subjects to permits for discharge of wastewater into irrigation work systems

Organizations, individuals using water for production, business, science research, hospitals, urban centers, centered residential areas and other activities discharging wastewater into irrigation work systems must apply for permits of competent state management agencies as provided for in Article 8 of this Regulation.

The waste water discharge within family living is not required to apply for permit according to thisRegulation.

Article 3. Conditions for the issuance of permits for discharge of wastewater into irrigation work systems.

The issuance of permits for discharge of wastewater into irrigation work systems must comply with:

1. The Ordinance on Exploitation and Protection of irrigation works and other relevant law provisions;

2. Planning of irrigation work systems approved by the competent authorities;

3. Wastewater quality standards;

4. Wastewater receiving capacity of irrigation work systems;

5. Proposals of organizations, individuals protecting and managing the exploitation of the irrigation works.

Article 4. Terms, extension of the permits

1. The term of a permit for discharge of wastewater into the irrigation work is five (5) years.

2. In case the term of a permit is expired, agencies that are competent to issue permits could issue permit extension, but each extension does not exceed three (3) years.

3. Term of permit could be adjusted in the following cases:

a) The irrigation work system cannot ensure the wastewater receiving capacity;

b) The demand for discharge of wastewater rises without any handling solution;

c) Occurrence of other special situations that require limitation of the discharge of wastewater into irrigation work systems.

4. The adjustment of the permit term shall be made in writing clearly specifying reasons by the state agencies that are competent to issue permits and must be reported to organizations, individuals that have been issued permits 30 days prior to the adjustment.

5. Organizations, individuals possessing permits subject to term adjustment shall be reimbursed the paid fees of discharge of wastewater for the shortened term.

Article 5. Permit content adjustment

During the term of permits, organizations, individuals wishing to change the wastewater flow, concentration of waste have to be permitted by competent state agencies as provided for in the Article 8 of this Regulation.

Article 6. Suspension of permit validity

1. The suspension of validity of permits for discharge of wastewater into irrigation work systems is applicable in the following cases:

a) When competent state agencies deem it necessary to suspense the permit validity for National defense and security reasons, or for National interests, public interests;

b) Organizations, individuals fail to pay discharge of wastewater fee after 1 year;

c) Organizations, individuals violate provisions in the permits but not yet caused serious consequences.

2. The suspension of validity of permits for discharge of wastewater into irrigation work systems must be made in writing clearly specifying reasons.

3. Duration of the permit validity suspension is decided by the permit issuing agencies. During the suspension of the permit validity, organizations, individuals that have been issued permits have no rights related to the permits.

4. In case the permit validity suspension conditions no longer exist, agencies that are competent to issue permits must issue decisions to restore the permit validity (regarding the case of suspension provided for in point a clause 1 in this Article). Organizations, individuals are entitled to apply for restoration of the permit validity (regarding suspension cases provided for in point b, point c, clause 1 of this Article).

Article 7. Permit withdrawal

1. The withdrawal of permits for discharge of wastewater into irrigation work systems is applicable in the following cases:

a) When competent state agencies deem it necessary to withdraw the permit for National defense and security reasons, or for National interests, public interests;

b) Failing to make payment for discharge of wastewater fee after 1 year as from the issuance of the decision on permit validity suspension of competent state agencies as provided for in point b, clause 1, Article 6 of this Regulation;

c) Organizations, individuals discharging wastewater violate stipulations provided for in the permit, that have been suspended the permit validity for 2 times;

d) Organization that have been issued permits are dissolved or adjudicated bankrupt by courts; individuals that have been issued permits die or declared dead or have lost their civil act capacity or declared missing by courts;

đ) The permit is issued ultravires;

e) Permits have not been used for one (1) year without legitimate reasons;

g) Organizations, individuals transfer permits without permission.

2. The withdrawal of permits for discharge of wastewater into irrigation work system must be made in writing clearly specifying reasons.

Chapter 2:

AUTHORITY TO ISSUE, EXTEND, ADJUST CONTENTS, SUSPEND, RESTORE AND WITHDRAW PERMITS FOR DISCHARGE OF WASTEWATER INTO IRRIGATION WORK SYSTEMS

Article 8. Authority to issue, extend, adjust contents, suspend, restore and withdraw permits

1. The Ministry of Agriculture and Rural Development shall conduct the issuance, extension, content adjustment, suspension, restoration and withdrawal of the permits regarding cases of discharging wastewater into inter-provincial irrigation work systems, irrigation works of National importance with the wastewater flow equal or over 1000m3/day-night

2. Provincial People’s Committees shall issue, extend, adjust contents, suspend, restore and withdraw permits for discharge of wastewater into irrigation work systems under their respective management; inter-provincial irrigation work systems, and irrigation works of National importance with the discharge flow less than 1000m3/day-night but such authority must have the approval inwritingby the Ministry of Agriculture and Rural Development.

Article 9. Dossier-receiving and evaluating agencies

1. The Water Resources Department is the agency that assists the Ministry of Agriculture and Rural Development to receive and evaluate dossiers applying for permits for discharge of wastewater into irrigation work systems so as to submit to the Ministry of Agriculture and Rural Development for considering and issuing decisions on the issuance of permits for discharge of wastewater into irrigation work systems in accordance with their competence provided for in clause 1, Article 8 of this Regulation.

2. The Departments of Agriculture and Rural Development are the agencies that assist People’s Committees of centrally-affiliated cities and provinces to receive and evaluate dossiers applying for permits for discharge of wastewater into irrigation work systems so as to submit to the chairmen/chairwomen of the people’s committees of centrally-affiliated cities and provinces for considering and issuing decisions on the issuance of permits for discharge of wastewater into irrigation work systems in accordance with their competence provided for in clause 2 Article 8 of this Regulation.

Chapter 3:

PROCEDURES FOR THE ISSUANCE, EXTENSION, CONTENT ADJUSTMENT OF PERMITS FOR DISCHARGE OF WASTEWATER INTO IRRIGATION WORK SYSTEMS

Article 10. Application dossier

A dossier applying for a permit for discharge of wastewater into irrigation work systems includes:

1. An application for the permit for discharge of wastewater into irrigation work systems made in accordance with the provided form (Annex I)

2. A notarized copy of the business license of enterprise, business registration certificate of the individual business household;

3. A map of 1/5.000 scale of the wastewater processing site, position of discharge of wastewater into the irrigation work system;

4. The dossier of the design, operation process of the wastewater processing system approved by a competent state agency;

5. The report on environmental impact assessment (regarding cases necessary to assess the environmental impact according to law provisions); the report on analysis of the quality of wastewater expected to be discharged into irrigation work system; in case wastewater is being discharged into irrigation work systems, a report on wastewater quality analysis by a Laboratory or quality-inspection center achieving ministerial standards or above is required;

6. A notarized copy of certificate of land use rights of the place where the wastewater processing system is situated;

7. A written proposal together with the report on analysis of quality of water of the irrigation system at the place where wastewater is received at the time of application of organizations, individuals protecting and managing the exploitation of the irrigation work.

Article 11. Order of permit issuance

1. Organizations, individuals applying for permits for discharge of wastewater into irrigation work systems shall submit dossiers at dossier-receiving agencies as provided for in Article 9 of this Regulation.

2. Within 5 working days as from the date of receiving the dossier, the dossier-receiving agency shall bear responsibility for considering, examining the dossier; in case the dossier is invalid, the dossier-receiving agency shall notify the applying organization, individual to complete the dossier as prescribed.

3. Within thirty (30) working days as from the day of receiving the valid dossier, the dossier-receiving agency shall bear responsibility for evaluating, conducting field inspection when necessary, if obtaining enough grounds to issue the permits, such agency shall submit to the agency that is competent to issue permits; in case the conditions for permit issuance are not fully met, the dossier-receiving agency shall return the dossier to the applying organization, individual and specify the reasons of non-issuance.

Article 12. Permit extension, content adjustment application dossier

A permit extension, content adjustment application dossier includes:

1. An application for extension, content adjustment of permit for discharge of wastewater into irrigation work systems made in accordance with the provided form (Annex II);

2. A copy of the issued permit for discharge of wastewater into irrigation work systems;

3. The dossier of the additional design, operation process of the wastewater processing system approved by a competent state agency (regarding permit content adjustment cases);

4. The report on analysis of quality of wastewater by a laboratory or quality-inspection center achieving ministerial standard or above (regarding permit extension cases). The report on analysis of quality of wastewater expected to be adjusted being discharged into irrigation work systems (regarding permit content adjustment cases);

5. The report on the implementation of the provisions in the issued permit; Records on the violations and sanctions (if any);

6. A written request together with the report on analysis of the quality of water of the irrigation work system at the place where wastewater is received at the time of the application for extension, adjustment of organizations, individuals protecting and managing the exploitation of the irrigation work.

Article 13. Order of permit extension, content adjustment application

1. Organizations, individuals applying for extension, content adjustment of permits for discharge of wastewater into irrigation work systems shall submit dossiers at dossier-receiving agencies as provided for in Article 9 of this Regulation. In cases of extension, it is required to submit the dossier three (3) months prior to the issued permit expiry.

2. Within five (5) working days as from the date of receiving the dossier, the dossier-receiving agency shall bear responsibility for considering, examining the dossier; in cases of invalid dossiers, the dossier-receiving agency shall notify the applying organization, individuals to complete the dossier as prescribed.

3. Within twenty (20) working days as from the date of receiving completely the valid dossier, the dossier-receiving agency shall bear responsibility for evaluating the dossier, conducting field inspection when necessary, if obtaining enough grounds for permit extension/adjustment, such agency shall submit to the agency that is competent to extend, adjust contents of permits; if the conditions for permit extension/adjustment are not fully met, the dossier-receiving agency shall return the dossier to the organization, individual applying for extension, adjustment and notify the reason for not extending, allowing to adjust contents of the permit.

Chapter 4:

RESPONSIBILITIES AND POWERS OF PERMIT-ISSUING AGENCIES AND ORGANIZATIONS, INDIVIDUALS THAT HAVE BEEN ISSUED THE PERMITS FOR DISCHARGE OF WASTEWATER INTO IRRIGATION WORKS

Artile 14. Responsibilities and powers of permit-issuing agencies

Permit-issuing agencies shall have the following responsibilities and powers:

1. To issue, extend, change terms, adjust contents, suspend, restore and withdraw permits in accordance with their competence as provided for in Article 8 of this Regulation.

2. To inspect, examine the implementation of permits of issued organizations, individuals.

Article 15. Responsibilities, powers of dossier receiving and evaluating agencies:

Dossier receiving and evaluating agencies shall have the following responsibilities and powers:

1. To receive and guide the procedure for permit application.

2. To request applying organizations, individuals to supplement the dossier as prescribed.

3. To evaluate the application dossiers so as to submit to competent state agencies to issue decisions on permit issuance.

4. To file dossiers related to the issuance of permits for discharge of wastewater into irrigation works.

5. To notify in writing to applying organizations, individuals, clearly specifying reasons in cases of denial of permit issuance, extension, content adjustment.

Article 16. Rights of organizations, individuals that have been issued permits

Organizations, individuals that have been issued permits for discharge of wastewater into irrigation works shall have the following rights:

1. To discharge wastewater into irrigation works in accordance with provided positions, terms, wastewater quality and flow in the permit.

2. To have their legitimate rights and interests prescribed in their permits protected by the State.

3. To be compensated by the State in cases their permits are withdrawn or changed terms for national defense, security reason or for national interest, public interest according to law provisions.

4. To request organizations and individuals causing damage to pay compensations for damage to their legitimate interests regarding discharge of wastewater into irrigation works.

5. To propose the permit-issuing agencies to extend, adjust permit contents as prescribed.

6. To transfer, lease, bequeath, mortgage or provide guaranty with assets invested in discharge of wastewater into irrigation works according to law provisions.

7. To lodge complaints or initiate lawsuits against acts of infringing their legitimate rights, interests regarding discharge of wastewater into irrigation works according to law provisions.

Article 17. Obligations of organizations, individuals that have been issued permits

Organizations, individuals that have been issued permits for discharge of wastewater into irrigation works shall have the following obligations:

1. To observe provisions of the Ordinance on Exploitation and protection of irrigation works and relevant legal documents.

2. To observe provisions on the flow, quality and allowed duration of discharge of wastewater into irrigation works stipulated in the issued permit.

3. To implement financial obligations according to law provisions.

4. To implement the operation process of the wastewater processing system; to take measures to supervise the process of discharging wastewater; to pay compensations for damage caused by themselves according to law provisions.

5. To protect the water source, the irrigation work system at the place where the wastewater is discharged; not to obstruct or cause damage to the general exploitation of the irrigation work.

6. To fully and truthfully provide data, information of wastewater when the competent state agency requests. Createfavourableconditions for organizations, individuals permitted by competent state management agencies to conduct science research activities investigating and assessing the water source at their respective permitted area.

Chapter 5:

EXAMINATION, INSPECTION AND HANDLING OF VIOLATIONS

Article 18. Examination, inspection

1. The Ministry of Agriculture and Rural Development shall bear responsibility for inspecting, examining the implementation of this Regulation nationwide.

2. Provincial-level People’s Committees shall bear responsibility for inspecting, examining the implementation of provisions in issued permits of local organizations and individuals.

Article 19. Handling of violations

Organizations, individuals violating the implementation of permits for discharge of wastewater into irrigation work systems shall, depending on the nature and seriousness of the violations, be administratively sanctioned, examined for penal liability; if causing damage, such organizations and individuals must pay compensations according to law provisions.

Chapter 6:

IMPLEMENTATION PROVISIONS

Article 20. Organization of implementation

Within one (1) year as from this Regulation takes effect, organizations, individuals as prescribed in Article 2 of this Regulation conducting discharge of wastewater into irrigation work systems must complete the application for permits for discharge of wastewater into irrigation work systems.

The Ministry of Agriculture and Rural Development shall consider, settle obstructions arising during the implementation and study to amend, supplement this Regulation when necessary.