Decision No. 56/2004/QD-BNN prescribing the competence and procedures to grant permits for discharge of waste water into the system of irrigation works

OFFICIAL GAZETTE No. 27 (2G-11-2004) [/11; M/Nf S [ Fi '(QF A GR/CUL TURE ll..111). B!JF!.41, {lf;fARTMENT DECISION No. 56/2004/QD-BNN OF NOVEMBER 1, 2004 PRESCRIBING THE COMPETENCE AND PROCEDURES TO GRANT PERMITS FOR DISCHARGE OF WASTE WATER INTO THE SYSTEM OF IRRIGATION WORKS THE MINISTER OF AGRICULTURE AND RUFlAL DEVELOPMENT Pursuant lo April 4. 2001 Ordinanco No. :J2/ 20/J I/Pl. -UBTVQI/ on Exploitation and Proloclion of Irrigation Works; r1ursuant to Governme11t's Decree No. 86/200:-J/ ND Cl' of July 18. 2003 defining the functions. tasks, powors and organizational structure of tho Ministry of Agriculture and nura! Development; rursuant to the Govornnwnt's /Jocrce No. 143/ 2003/N/J-CP of November 28, 2003 detailing the implementation of a number of articles of the Ordinance on Exploitation and Protection of Irrigation Works; Al the proposal of the director of the Irrigation Oepa11menl, DECIDES: Article 1 .·· To promulgate together with this Decision the Regulation on competence and procedures to grant permits for discharge of waste wator into the system of irrigation works. Article 2.- This Decision takes effect 15 days aflcr its publication in the Olficial Gazette. Article 3.- The director ot the Olfice, the director of the Irrigation Department, the heads of the units of the Ministry as well as concerned organizations and individuals shall have to implement this Decision. For the Minister of Agriculture and Rum/ Development Vice Minister PHAM HONG GIANG No. 27 (26-11-2004) OFFICIAL GAZEfTE REGULATION ON COMPETENCE AND PROCEDURES TO GRANT PERMITS FOR DISCHARGE OF WASTE WATER INTO THE SYSTEM OF IRRIGATION WORKS (Promu/gntecl together with tho l\yriculluro and Rural Development Ministc-.,ir's Decision No. 56/ 2004/C!DBNN of Novemtier /, 2004) Chapter I GENERAL PROVISIONS Article 1.- Governing scope This Regulation prescribes the competence and procedures to grant, extend, adjust the contents at, suspend and withdraw, permits for discharge ot waste water into the system of irrigation works. Article 2.- Subjects that must apply for pormils tor discharge of waste waler into the system of irrigation works Organizations and incJividuals, that use water tor production, business or scientific research activities, hospitals, urban centors, concentrntcd population quarters and other activities, if discharging waste water into the system of irrigation works, must apply for permits of competent State management agencies defined in Article 8 of this Regulation. The discharge of waste water within the scope of family daily-•life activities shall not rnquire permits acconJin9 to this Regulation. Article 3.- Conditions for wanti119 permits for discharqe of waste water into the sy~>tem or irrigation works The qranllnn of pnrrnit.,~ for di.'YChilrqC' of wn:;to waler into t/w system of irriuation works must be IJased on: 1. The Ordinance on Exploitntion and Protection of lrriqation Work:, and other relE:vanl law provisions; 2. The planning on tho system of irrigation works, approved by tho cornpetcnt authority; 3. Quality standanfa of waste water; 4. The irrigation work system's capabilily lo receive waste water; 5. Requests of organizations and/or individuals managing, exploiting and protecting irrigation works. Article 4.- Term and extension of permits 1. The term of a permit for discharge of waste water into the system o1 irrigation works sha!I be five (5) years. 2. In cases where the permit term expires, the agencies competent to grant permits may extend thorn, provided that each extension must not exceed three (3) years. 3. The permit term rnay be changed in the following cases: a/ The irrigation work system is incapable of receiving waste water; b/ Waste➔ water discharge demand is growing while rrnnedial meas urns hnve not yet been worked out; c/ There fl[)pear other special circumstances whid1 rnquire tho !imitation of waste water di~;cllnrge into the system of irrigntion works. 4. nin d1anqri of pern1it term shnll be effocted OFFICIAL GAZETTE No, 27 (26-11-2004) in writin~J by tho State agencies compctont to want be clecidod by tho pmrnit··~Jranting arJencies. ln the permits, clearly stating the reasons 1hHrcfor, and duration when their perrni!s' validity is suspended, must bo notified to permitted or9anizalions and the permitted organizations and individuals shall individuals thirty (30) days in advance. not have the riqhts related to such permits. 5. Organizations and individuals that have 4. In cases where tho lJOt1CJitions for permit permits with changed term shall get the paid wasto validity suspension no lon~Jer exist, the agencies water discharge charges reimbursed for the competent to grant permits shall have to issue st1ortened duration. decisions to restore the validity of such permits (for case of suspension under the provisions of Point Article 5.- Adjustment of contents of permits In the valid duration of permits, organizations or individuals that wish to change the waste water flow or concentration of waste matters must obtain permission of competent State agencies defined in Article 8 of this Regulation. Article 6.· Suspension of validity of permits 1. The suspension of validity of permits for discharge of waste water into the system of irrigation works shall be applied in the following cases: a/ When competent State agencies deem it necessary to suspend the validity of permits for defense or security reasons or for national or public interests; b/ Organizations or individuals have failed to pay waste water discharge charges for one year; c/ Organizations or individuals violate the contents prescribed in permits, having, however, not yet caused serious consequences. 2. The suspension of validity of permits for discharge ot waste water into the systorn of irrigation works must be effected in writin~J, clt)arly stating the reasons therefor. 3. -r hn permit validily suspension durntion sl1,1II a, Clause 1 of this Article). Organizations and individuals may request in writing the restoration of validity of permits (for case of suspension under the provisions of Points b and c, Clause 1 of this Article). Article 7.- Withdrawal of permits 1. The withdrawal of permits for discharge of waste water into the system of irrigation works shall apply in the following cases: a/ When competent State agencies deem it necessary to withdraw permits for defense, security reasons or for national or public interests; bl Waste water discharge charges have not been paid within one year after tho issuance of decisions to suspend the validity of permits by competent State agencies accorcJing to the provisions of I°oint b, Clause 1, Article 6 of this Regulation; c/ Organizations and individuals that discharge waste water have violated tho contents prescribed in their permits and beon twice suspended frorn Ut>inU pmmits; U/ Organizations granted with permits are dissolved or declared bankrupt by courts; individuals granted tho pnnnit> clic, are doclared dnad by courts, loso thf-)ir civil act capacity or aro No. 27 (26-11-2004) OFFICIAL GAZETTE declnrnd missing; cl Permits have been grant0d u!tm vires; f/ Pmrnits have not been uned for ono (1) year without plnusible reasons. g/ Organi?ations and individ11als transfer their permits without permission. 2. The withdrawal of permits for discharge of waste water into tho system of irrigation works must be effected in writing. with the masons therefor clearly stated. Chapter II COMPETENCE TO GRANT, EXTEND, ADJUST CONTENTS OF, SUSPEND, RESTORE AND WITHDRAW PERMITS FOR DISCHARGE OF WASTE WATER INTO THE SYSTEM OF IRRIGATION WORKS Article 8.-Competence to grant, extend, adjust contents of, suspend, restore and withdraw permits 1. The Ministry of Agriculture and Rural Development shall grant, extend, adjust contents of, suspend, restore and withdraw permits for disdiarge of waste water into the system of inter~ provincial irrigation works or irrigation works of national importance with a waste water flow of I ,000 cubic meter/day and night or more. 2. The provincial-level People's Committees shall grant, extend, adjust contents of, suspend, restore and withdraw permits for discharge of waste water into the system of irrigation works managed by their respective provinces; tl1e systorn of inter provincial irrigation works or tho system of irrigation works of national importance with n dinchnrgo flow of Lmdcr 1,000 cubic rnetnr/day ttnd niuht, providn(l tl1at written approvals of Hie Ministry of Agriculture and f~ural Development arn obtained. Article 9.- Agencies receivinn and evaluating dossiers ·1. The Irrigation Derartrnent shall assist the Ministry of Agricultun-J and Rural Development in receiving and evaluating dossiers of application for permits for discharge of waste water into the system of irrigation works before submitting them to the Minister of Agriculture and Rural Development tor consideration and decision on granting permits for discharge of waste water into the system of irrigation works according to the competence defined in Clause 1, Article 8 of this Regulation. 2. The provincial/municipal Agriculture and Rural Development Services shall assist the provincial/ municipal People's Committees in receiving and evaluating dossiers of application tor permits for discharge of waste water into the system of irrigation works before submitting them to the presidents of the provincial/municipal People's Committees for consideration and decision on granting permits tor discharge of waste water into Hie system of irrigation works according to the competence defined in Clause 2, Article 8 of this Flegulation. Chapter Ill PROCEDURES FOR GRANTING, EXTENDING OR ADJUSTING CONTENTS OF PERMITS FOR DISCHARGE OF WASTE WATER INTO THE SYSTEM OF IRF!IGATION WORKS Article 10.·· Dossiers of application for permits /\ cJw:;f;ier of application for permit for discharge OFFICIAL. GA/.F.TIE No. 21 (~6-11-2004) of wa~>tr. walet into the system ot irriqalio11 wmk~, 1. Or~Jnni1ations and individuals applying tor comprisef; permits fordisc/wrue of wm>le water into the syslcm of irrigation works shall submit their dossiers at tho 1, / application for pcrrnit 1or clisclHHUD of wat;le water into thn ~;yslem of irriuation wor!<s, mAdo according to a set fonn (no! prinlmJ /wroin); 2. Notarized copy of bu:;incs~, license of cnterprisn or business rc~Ji~,tration certificate of individual business household; 3. A ·IJf:i,000~scale map of t!10 area for waste water treatment, the position whore waste water is discharged into the system of irrigution works; 4. Designing dossier and process for operating the system of waste water treatment, already approved by the competent State agency; 5. Environmental impact assessment report (for cases where the environmental impact assessment is required according to law provisions); report on quality analysis of waste water to be dischargecl into the sys tern of irrigation works. For cases where waste water is being discharged into the sys torn of irrigation works, a report on analysis of waste watnr quality of a laboratory or a center for water quality expertise of the ministerial or higher level is required; 6. Notnri7ed copies of papers on the right to uso the land nrna where the waste water treatment system is to be located; 7. The written request enclosfHJ with the report on analysis of quality of water of the irrigation work system at tho position of reccivinu waste water at Uie timE; of permit application by or9anization~; <11Hl individuals man.'l.ginu U-1e exploitation r1nd protoclion ol irrination works. do~;sier--recoivino annncin~; defined in Article 9 of ll1is f"\()qu!atio11. 2. Within fivo (b) workino days after the date of dos::;inr receipt, tho dos:::,ier--receivino agencies sh,:111 have to examine and check the dossiers. ln crn,e!1 where the dossiers H.re invalid, the dossier-• rocoiving agencies shall notify the applying organizations or individuals thereof for dossier completion according to regulations. 3. Within thirty (30) working days after receiving complete and valid dossiers, the dossier-receiving agencies shall have to evaluate the dossiers, conduct site inspection when necessary; and if there are enough grounds for granting permits, submit such dossiers to the competent agencies for granting the permits. In cases where the conditions for permit granting are not fully met, the dossier-receiving agencies shall return tho dossiers to the applying organizations or individuals and notify tbe reasons for refusal to grant permits. Article 12.-Dossiers of application for extension or adjustment of contents of permits A dossier of application for extension or ndjustrnent of contents of a permit comprises: 1. An application for extension or adjustment of contents of the permit for discharge of waste water into the system of irrigation works, rnade according lo a s<Jt form (not printed herein); 2. Copy of lllo alrnarly granted porrnit for lli~;chargc of wr1ste wahH into the system of i1·1 i!J,-llion works; :J. f"lw c1dclitionctl dn:;iqninq dossier and No. 21 (26-11-2004) OFFICIAL GAZETTE procedurns for operating the waste water trnatment system, already approved by the competent State agency (/or caso of adjustment of contents of permits); 4. Tlie report on waste water quality analysis of a laboratory or a center tor water quality expertit;e of the ministerial or higher level (for case of application for extension of permits). The report on analysis of quality of waste water to be adjusted before being discharged into the system of irrigation works (for case of application for adjustment of contents of permits); 5. The report on implementation of provisions of the granted permit; written records of violations and sanctioning forms (if any); 6. The written request enclosed with the report on analysis of quality of water of the irrigation work system at the position of receiving waste water at the time of permit extension or adjustment application by organizations and individuals managing the exploitation and protection of irrigation works. Article 13.- Order of application for extension or adjustment of contents of permits 1. Organizations and individuals that apply for extension or adjustment of contents of permits tor discharge of waste water into the system of irrigation works shall submit their dossiers at the dossier-rowiving agencies defined in Article 9 of this Regulation. In case of application for extension, the dossiers must be submitted three (3) months before tho granted permits expire. 2. Within five (5) working days after rowivinq the dossiem, the dossier-receiving agencies shall have to examine and check thern. In cases whmn tho dossiers arn invalid, the dossior-recoiving agencies sl1all notify the applying organizations or individuals thereof for dossier completion as proscrihed. 3. Within twenty (20) working days after receiving complete and valid dossiers, the dossier receiving agencies shall have to evaluate them and conduct site inspection when necessary, and if there are enough grounds for extending or adjusting contents of permits, submit such dossiers to the competent agencies for extending or adjusting permits. In cases where the conditions for permit extension or adjustment are not fully met, the dossier-receiving agencies shall return the dossiers to the organizations and individuals applying for extension or adjustment and notify the reasons for refusal to extend or adjust contents of permits. Chapter IV RESPONSIBILITIES AND POWERS OF PERMIT GRANTING AGENCIES AND ORGANIZATIONS AND INDIVIDUALS GRANTED THE PERMITS FOR DISCHARGE OF WASTE WATER INTO THE SYSTEM OF IRRIGATION WORKS Article 14.- Responsibilities and powers of permit-granting agencies Permit-granting agencies shall have the following responsibilities and powers: 1. To grant, extend, change valid duration, adjust contents, suspend, restore and withdraw permits strictly according to their competence defined in Article 8 of this Regulation. 2. To inspect tho observance of permits' provisions by organizations and individunls granted OFFICIAL GAZETTE No. 27 (26-11-2004) nw permits. Article 15.- f-lesponsibilitios and powers of agencies receiving and evaluating dossiers Agencies recGiving and evaluating dossiers have the following responsibilities and powers: 1. To receive dossiers and guide procedures of application for permits. 2. To request organizations and individuals applying for permits to supplement their dossiers according to regulations. 3. To evaluate dossiers of application for permits, then submit them to competent State agencies for issuance of permit granting decisions. 4. To archive dossiers related to the granting of permits for discharge of waste water into the system of irrigation works. 5. To notify in writing the applying organizations and individuals, clearly stating reasons for refusal to grant, extend or adjust contents of permits. Article 16.- Rights of organizations and individuals granted the permits Organizations and individuals granted the permits for discharge of waste water into the system of irrigation works have the following rights: 1. To discharge waste water into irrigation works at positions, in duration, with flow and quality of waste water prescribed in the permits. 2. To have their legitimate rights and interests provided for in permits protected by the State. 3. To enjoy clamaoo compensations by the Sta to security reasons or for national or public intEm.'!sts according to law provisions. 4. To request damage-causing organizations and individuals to pay damages for their legitimate interests regarding the dischargG of waste wator into irrigation works. 5. To request the permit-granting agencies to extend or adjust contents of permits according to regulations. 6. To transfer, lease, bequeath, mortgage or provide guarantee with assets invested in the discharge of waste water into irrigation works according to law provisions. 7. To lodge complaints or initiate lawsuits against acts of infringing upon their legitimate rights and interests in the discharge of waste water into irrigation works according to law provisions. Article 17.- Obligations of organizations and individuals granted the permits Organizations and individuals granted the permits for discharge of waste water into the system of irrigation works have the following obljgations: I. To observe the provisions of the Ordinance on Exploitation and Protection of Irrigation Works and other relevant law provisions. 2. To observe the regulations on flow and quality of waste water discharged into irrigation works and duration for waste waler discharge into irrigation works, prescribed in the already granted permits. 3. To fulfill the financial obligations according to lnw provisions. in cases wlrnm their permits are withdrawn or U1oir 4. To observe tho proce:ss of operating the waste permits' valid duration is changed for defon~;e or wat<Jr treatment system: to devise measures to No. 21 (26-11-2004) OFFICIAL GAZETTE supervise !he process of dischargin9 waste water; to pay compensations for damage they have caused according to law provisions. 5. To protect water sources and the system of irrigation works at positions where waste water is discharged; not to obstruct or cause damage to the genera.I exploitntion of irrigation works. 6. To supply adequate and truthful data and information on waste water when so requested by competent State agencies. To create conditions for organizations and individuals permitted by State management agencies to conduct activities of scientific research, survey and assessment of water sources at their permitted areas. Chapter V EXAMINATION, INSPECTION AND HANDLING OF VIOLATIONS Article 18.- Examination and inspection 1. The Ministry of Agriculture and Rural Development shall have to examine and inspect the implementation of this Regulation nationwide. 2. The provinc·1al-level People's Committees shall have to examine and inspect the observance of contents of granted permits by organizations and individuals in their localities. Article 19.- Handling of violations Organizations and individuals that violate tho provisions on the use of permits for discharge of waste water into the system of irrigation works shall, depending on the nature and seriousness of their violations, be administratively sanctioned or examined for penal liability. lf causing damage, they must pay compnnsations thernfor accordino to law provisions. Chapter VI IMPLEMENTATION PROVISIONS Article 20.- Organization of implementation Within one (1) year after ff1is Regulation takes effect, organizations and individuals defined in Article 2 of this Flequlation, that are currently discharging waste water into the system of irrigation works, shall have to complete the application for permits to discharge waste water into the system of irrigation works. The Ministry of Agriculture and Rural Development shall consider and solve problems arising in the course of implementation and study amendments and/or supplements to this Regulation when necessary. For the Minister of Agriculture and Rural Development Vice Minister PHAM HONG GIANG