The Legal Affairs Office of the State Council announced on the official website of the State Council on the 5th the "Regulations on the Prevention of Pollution from Livestock and Poultry Farming (Draft for Soliciting Opinions)", soliciting opinions from all sectors of society. Pollution prevention and control of livestock and poultry farming is not simply to adopt industrial pollution control systems and measures.
The notice of the “Law on Pollution Prevention and Control of Livestock and Poultry Farming (Draft for Soliciting Opinions)†issued by the State Council’s Office of Legal Affairs on the public solicitation of opinions for the purpose of further improving the quality of laws and regulations review is now under the “Regulations on Prevention and Control of Pollution from Livestock and Poultry Farming (Draft for Soliciting Opinions)†(hereinafter referred to as solicitation of comments The full text of the manuscript is published, solicit opinions from all sectors of society, and notify the relevant issues as follows:
First, the idea of ​​seeking opinions in order to prevent livestock and poultry breeding pollution, promote the comprehensive utilization of livestock and poultry breeding waste, protect and improve the environment, protect human health, and promote the sustainable and healthy development of animal husbandry, the Ministry of Environmental Protection and the Ministry of Agriculture are seriously summarizing livestock. On the basis of practical experience and extensive opinions on pollution prevention and control of poultry breeding, the Regulations on the Prevention of Pollution from Livestock and Poultry (Draft for Ratification) was drafted and submitted to the State Council for approval. The Legal Affairs Office of the State Council, after fully listening to the opinions of the relevant departments, local people's governments and relevant research institutions, has repeatedly studied and revised the draft for soliciting opinions.
In order to protect and improve the rural environment, it is necessary to strengthen pollution prevention and control in the aquaculture industry. The aquaculture industry is a vulnerable industry. Pollution prevention and control should not cause unnecessary burdens on farmers. It should not be simple to adopt industrial pollution control systems and measures. To this end, the Consultation Draft implements the following ideas:
The first is to take into account the dual goals of pollution prevention and promotion of the healthy development of livestock and poultry husbandry. Livestock and poultry breeding provides important foods such as meat and eggs, which are related to the national economy and the people's livelihood. At the same time, farmers are also faced with high operating pressures and high margins. Therefore, the various systems and measures established in the Exposure Draft must also minimize the burden on livestock and poultry farmers and ensure the continued healthy development of livestock and poultry husbandry while achieving pollution control and improving the environment.
The second is to strengthen the comprehensive utilization of the important role in pollution control. Livestock and poultry farming polluting waste is mainly organic matter such as feces, sewage, etc. These substances are used as valuable resources and can be used as fertilizers to return fields or to make biogas, power generation, and other purposes. If handled properly, the vast majority of livestock and poultry breeding waste can be turned into waste through comprehensive utilization and ultimately achieve zero emissions of pollutants. Therefore, the draft of the Consultation has attached great importance to the important role of comprehensive utilization of pollution prevention and control in livestock and poultry farming, but has not simply adopted the governance model of industrial pollution prevention and control.
Third, farmers of different scales will implement classification management and determine different targets for pollution prevention and control. In practice, both livestock and poultry farms and aquaculture communities that reach a certain scale, as well as a large number of scattered farmers that operate in a decentralized manner, take into account the reality of China’s current stage, especially in rural areas, and will include all households including free-range households. It is neither realistic nor operational to equip the breeding subjects to be incorporated into regulations. Therefore, the obligations for building pollution prevention facilities and conducting environmental assessments as set out in the Exposure Draft are targeted at livestock and poultry breeding farms and breeding communities with a certain operating scale and above; and for the construction of pollution control facilities for heavily polluted areas that are densely populated, It should start from reality and the county-level government should be responsible for steadily and steadily progressing.
The fourth is based on guiding support, and the penalty is supplemented. In the pollution prevention and control of livestock and poultry, we must actively bring into play the government’s service functions, focus on guiding and supporting, and continue to increase fiscal fund input, implement various tax and fee reductions and other methods, encourage and support scientific research on the prevention and control of livestock and poultry pollution, and strengthen Pollution prevention facilities construction. Use the role of economic leverage as much as possible to achieve the purpose of reducing environmental pollution. In terms of legal responsibility, the principle of preventive education is mainly based on the principle of punishment as a supplement, and corresponding legal responsibilities are set.
Second, the main content of the draft is to comply with the basic principle of pollution prevention, which is “prevention first, prevention and control combinedâ€. At the same time, it fully reflects the particularity of the pollution prevention and control of livestock and poultry breeding. The regulations focus on prevention, comprehensive utilization and governance, and incentive measures. Aspect content.
(a) Prevention. (Chapter two)
The Regulations prescribe the prevention measures for livestock and poultry pollution from such aspects as livestock husbandry development planning, pollution control planning for livestock and poultry breeding, banned areas and restricted areas, construction environmental assessment, and environmental protection facilities.
The first is about animal husbandry development planning and animal husbandry pollution prevention and control plan. (Article 8, Article 9)
In order to give consideration to environmental protection and promote the development of animal husbandry, the Regulations stipulate that the formulation of the animal husbandry development plan must fully consider the environmental carrying capacity and pollution prevention and control requirements; the livestock and poultry breeding pollution prevention plan shall be formulated by the environmental protection department in conjunction with the agricultural sector, and adequate livestock and poultry breeding Production layout, clear pollution prevention and control targets, tasks, key areas, facility construction, and prevention and control measures.
The second is about the banned area and the restricted area. (Articles 10, 11)
In order to strengthen the protection of the environment in special areas, the Regulations stipulate that construction of livestock and poultry farms and breeding areas shall be prohibited in areas such as drinking water source protection areas and scenic spots. Local governments can, according to actual needs, delineate the restricted areas of livestock and poultry breeding, scale, and total amount in the area.
The third is about construction EIA. (Article 12)
In order to minimize the cost of breeding and promote the healthy development of the aquaculture industry, the regulations stipulate that newly reconstructed and expanded livestock and poultry breeding farms and breeding communities shall carry out EIA according to law. The EIA documents shall include waste comprehensive utilization plans and measures, and shall authorize the Ministry of Commerce and Agriculture of the Ministry of Environmental Protection to determine The scope and scale of farms and breeding communities that need EIA.
The fourth is about the construction of environmental protection facilities. (Article 13)
In order to effectively protect the environment, the regulations stipulate that the farms and breeding communities shall build waste storage facilities, and if necessary, build facilities for harmless treatment and comprehensive utilization or entrust other units to handle livestock and poultry breeding waste on their behalf. Farms and breeding areas that do not meet the above requirements must not be put into production and use.
(b) Comprehensive utilization and governance. (third chapter)
The main manifestation of pollution from livestock and poultry farming that is different from industrial pollution is that livestock and poultry breeding waste can be turned into waste and treasured to achieve comprehensive utilization. Comprehensive utilization is an important means for the prevention and control of pollution in livestock and poultry farming, and its methods mainly include returning manure, producing biogas, and manufacturing organic fertilizers. The pollution control measures for livestock and poultry farming mainly include leakage prevention, odor control, and discharge standards. The third chapter mainly includes the following contents:
The first is about comprehensive utilization. (Articles 15 to 18)
While encouraging and supporting farms and breeding communities to adopt various comprehensive utilization measures and constructing comprehensive utilization and other environmental protection facilities, the regulations further require that waste be taken before the use of fertilizers as fertilizers to remove pathogens based on the needs of environmental protection. Microorganisms, and fully consider the ability to absorb the land.
The second is about governance measures. (Articles 19 to 25)
To strengthen the treatment of pollution, the regulations stipulate that livestock and poultry breeding wastes should be collected, stored, removed and transported in a timely manner, and measures should be taken to prevent leakage and prevent odors; wastes that have not been harmlessly treated can not be directly discharged into water bodies and other environments. For livestock and poultry diseases and diseased wastes, they must be professionally harmless in accordance with the relevant regulations; the environmental protection department must strengthen the supervision and inspection of the pollution prevention and control of livestock and poultry, and strengthen pollution monitoring; for livestock and poultry farming with serious pollution The district and county governments should formulate a comprehensive remediation plan for governance and organize the construction of harmless treatment and comprehensive utilization facilities.
(c) incentives. (Chapter Four)
In the system design of pollution control for livestock and poultry farming, a model that distinguishes it from general industrial pollution control has been designed, emphasizing the management ideas of “indicating governance through awardsâ€:
First, Regulations 26, 27, and 28 respectively stipulate financial support for pollution control facilities; production, transportation, sales, and use of livestock and poultry farming waste organic fertilizer products; purchase and use of waste collection and disposal; Use tax incentives for equipment; use animal husbandry waste to produce organic fertilizers, generate electricity, and adopt preferential price policies for biogas production.
Second, Article 30 of the Regulations stipulates that subsidies for the environmental assessment of construction projects that are funded by standardized farms and breeding communities shall be granted by local governments at all levels.
Third, Article 31 of the Regulations stipulates that if a farm or a breeding community voluntarily eliminates emission reductions on the basis of discharge standards, it shall be rewarded by the county and township governments, and shall be preferentially included in the scope of supporting funds for the development of livestock and poultry husbandry.
In addition, the regulations stipulate corresponding legal responsibilities for various illegal acts that may occur. (chapter Five)
III. Ways to submit opinions The relevant units and people from all walks of life can submit their opinions in the following three ways before August 6, 2012:
(1) Log in to the Chinese Government Legal Information Network (URL: http://.gov.cn), and submit comments on the draft for comment through the “Opinion and Regulations Draft Solicitation System†on the left side of the homepage of the website.
(2) Send comments to the following address: Beijing 2067 mail box (postal code: 100035), and please indicate on the envelope the words "Policy for Pollution Prevention of Livestock and Poultry".
(c) Send comments via email to: xqyz@chinalaw. Gov. Cn
Regulations of the Legislative Affairs Office of the State Council on the Prevention of Pollution from Livestock and Poultry Farming on July 5, 2012 (Draft for Soliciting Opinions)
Chapter 1 General Provisions Article 1 (Legislative Objectives) These Regulations are formulated for the purpose of preventing and controlling the pollution of livestock and poultry, promoting the comprehensive utilization of livestock and poultry breeding waste, protecting and improving the environment, ensuring human health, and promoting the sustained and healthy development of animal husbandry.
Article 2 (Scope of Application) This Regulation applies to the prevention and control of breeding pollution in livestock and poultry farms and breeding communities.
Article 3 (Basic Principles) Prevention and Control of Pollution from Livestock and Poultry Breeding shall adopt the principle of prevention as the mainstay, prevention and control combined, adherence to overall planning, rational distribution, comprehensive utilization, and promotion through awards.
Article 4 (Government responsibilities) The people's governments at various levels shall strengthen the organization and leadership of pollution prevention and control of livestock and poultry, take effective measures, increase capital investment, strengthen the construction of pollution control facilities, and support the comprehensive utilization of livestock and poultry breeding waste.
Article 5 (Regulatory System) The competent department of environmental protection of the people's government at or above the county level shall be responsible for the unified supervision and control of pollution prevention of livestock and poultry.
The agricultural administrative department of the people's government at or above the county level shall be responsible for the guidance and management of the comprehensive utilization of livestock and poultry breeding waste.
Other relevant departments of the people's government at or above the county level shall, in accordance with the provisions of these Regulations and their respective duties, do a good job in the prevention and control of livestock and poultry farming pollution.
The people's governments at the township level shall do a good job in organizing and implementing pollution prevention and control of livestock and poultry.
Article 6 (Technical Support) The State encourages and supports the scientific research on pollution control of livestock and poultry breeding and comprehensive utilization of livestock and poultry breeding waste. The people's governments at all levels shall establish corresponding guidance and service systems for the promotion of science and technology, popularize advanced and applicable pollution prevention and control technologies, and promote the improvement of pollution control of livestock and poultry breeding.
Article 7 (Acceptance of Acceptance and Awards) Any unit or individual shall have the right to report the pollution behavior of livestock and poultry breeding to the competent authorities for environmental protection and other relevant departments at all levels of the government, and the authorities receiving the report shall promptly investigate and handle it.
Units and individuals that have made outstanding contributions to the prevention and control of pollution in livestock and poultry shall be commended and rewarded in accordance with relevant state regulations.
Chapter II Prevention Article 8 (Requirements for Pollution Prevention and Control of Animal Husbandry Development Plan) The people's governments at or above the county level shall formulate plans for the development of animal husbandry in their own administrative areas, and shall fully consider the environmental carrying capacity and requirements for the prevention and control of livestock and poultry pollution, and rationally allocate and scientifically Determine livestock breeds, scale, and total amount.
Article 9 (Pest Prevention and Control Plan for Livestock and Poultry Breeding) The competent department of environmental protection of the people's government at or above the county level, together with the competent department of agriculture administration, shall formulate plans for prevention and control of livestock and poultry breeding pollution and report it to the people's government at the same level or its authorized department for approval.
To formulate plans for the prevention and control of livestock and poultry breeding pollution, full consideration shall be given to the layout of production of livestock and poultry, clear objectives, tasks, and key areas for pollution prevention and control of livestock and poultry, construction of key facilities for pollution control, comprehensive utilization of waste, and other prevention and control measures.
Article 10 (forbidden areas) It is forbidden to build livestock breeding farms and breeding communities in the following areas:
(1) drinking water source protection areas and scenic spots;
(2) The core areas and buffer zones of nature reserves;
(3) Population concentration areas such as urban residential areas, cultural education and scientific research areas, etc.;
(4) Other prohibited areas as required by laws and regulations.
Article 11 (Limited rearing areas) The local people's governments at or above the county level may, according to the actual conditions in the area, delimit the restricted areas.
Livestock and poultry breeding activities within the restricted aquaculture area shall meet the requirements for variety, scale, and total amount as stipulated by the local people's government at or above the county level.
Article 12 (Requirements for Construction) Newly built, rebuilt or expanded livestock and poultry breeding farms and breeding communities shall comply with the livestock husbandry development plan, livestock breeding pollution prevention and control plan, meet the requirements of sanitary protection distance and animal epidemic prevention conditions, and conduct environmental impact assessment. . The environmental impact assessment documents of livestock and poultry farms and breeding communities shall include comprehensive utilization plans and measures for livestock and poultry breeding wastes.
The scope and scale of livestock and poultry farms and aquaculture communities that need to carry out environmental impact assessment shall be determined by the competent department of environmental protection under the State Council in consultation with the agriculture administrative department of the State Council.
Article 13 (Supporting environmental protection facilities) Livestock and poultry breeding farms and breeding communities shall support the construction of storage facilities for livestock and poultry excrement, sewage, and other wastes, and shall build facilities for harmless treatment and comprehensive utilization according to the needs of pollution prevention and control; In the construction of a harmless treatment and comprehensive utilization facility, a competent unit shall be entrusted in writing to dispose of livestock and poultry breeding waste.
Where there are no supporting facilities for pollution prevention and control such as storage, innocent treatment, and comprehensive utilization, or if the supporting facilities are unqualified, or if it is not possible to provide written documents for entrusting others to act as harmless treatment and comprehensively using livestock and poultry breeding waste, livestock and poultry farms Farming communities may not be put into production and use.
Article 14 (Requirements for Emission Reduction of Waste) When engaging in livestock and poultry breeding activities, effective measures such as scientific feeding methods and waste cleaning techniques shall be taken to reduce the discharge of livestock and poultry breeding waste to the environment.
Chapter III Comprehensive Utilization and Governance Article 15 (Comprehensive Utilization) The State encourages and supports the comprehensive utilization of livestock and poultry breeding waste by adopting methods such as manure return, biogas production, and organic fertilizer production.
Article 16 (Combination of Planting and Breeding) The State encourages and supports livestock and poultry farms and breeding communities to adopt a combination of planting and breeding methods, and uses livestock and poultry breeding wastes to absorb and use livestock and poultry breeding wastes to achieve livestock and poultry manure, sewage and other wastes. Use it locally.
Article 17 (Returning to land use) The livestock manure and sewage shall be used as fertilizer. Stacking and other measures shall be taken to remove pathogenic microorganisms to prevent environmental pollution and infectious diseases.
The use of livestock manure, sewage, biogas residues, and biogas slurry as fertilizers should fully consider the capacity for land absorption and prevent environmental pollution.
Article 18 (Integration of Comprehensive Utilization Facilities) The state encourages and supports livestock and poultry breeding farms and breeding communities to build comprehensive utilization of wastes such as biogas and organic fertilizers, and related supporting facilities such as biogas slag and biogas slurry transportation and application.
Article 19 (Collection, Storage and Transportation of Wastes) In the livestock and poultry breeding activities and livestock and poultry breeding waste disposal activities, livestock and poultry excrement, sewage, etc. shall be collected, stored, cleared, transported in a timely manner, and shall not be stowed and discharged arbitrarily. Anti-leakage and anti-malodor measures shall be taken to prevent leakage and spillage of feces and sewage.
Article 20 (Requirements for Pollutant Discharge) Livestock and poultry breeding wastes shall not be directly discharged into water bodies or other environment without harmless treatment. Discharged treated sewage directly to the environment shall comply with the national and local regulations on the discharge of water pollutants and total amount control requirements.
Violations of the provisions of the preceding paragraph, if the environment is seriously polluted, the competent department of environmental protection of the people's government at the county level or above shall order it to rectify it within a time limit. The competent department of environmental protection that has decided to make a deadline for rectification shall, in conjunction with the agricultural administrative department of the people's government at the same level, promptly verify the implementation of the rectification measures and publish the verification results to the public.
Article 21 (Treatment of Infectious Disease Waste) Diseases and diseases such as livestock and poultry epiphytes and their excretions, infected livestock and poultry products, dead animals or dead animals and poultry dead bodies, etc. should be in accordance with relevant laws and regulations. The provisions of the administrative department of agriculture of the State Council shall be dealt with innocuously.
Article 22 (Sewage discharge record) Livestock and poultry breeding farms and aquaculture communities shall regularly report the breed, scale of livestock and poultry breeding, and the production, discharge and comprehensive utilization of livestock and poultry breeding wastes to the competent department of environmental protection of the people's government at the county level. Filing. The competent department of environmental protection shall send a copy of the record to the competent department of agriculture at the same level on a regular basis.
Article 23 (Inspection and Monitoring) The competent department of environmental protection of the people's government at or above the county level shall supervise and inspect the pollution prevention of livestock and poultry breeding in accordance with their duties, and shall strengthen the monitoring of the environmental pollution of livestock and poultry.
Article 24 (Renovation of Densely Bulked Areas) For heavily-polluted livestock and poultry breeding areas with high density, the people's government at the county level shall formulate a comprehensive plan for rectification, and adopt the organization to construct innocuous treatment and comprehensive utilization facilities for livestock and poultry breeding wastes. , There are plans to relocate or close measures to control the pollution of livestock and poultry breeding.
Article 25 (Compensation) It is really necessary to close down or relocate existing livestock and poultry breeding sites due to the development plan for animal husbandry, adjustment of urban and rural planning, and the delineation of prohibited breeding areas, restrictions on breeding areas, or remediation of densely populated areas of livestock and poultry. If livestock and poultry farmers suffer economic losses, they will be compensated by local people's governments.
Chapter IV Incentive Measures Article 26 (Support Measures for the Construction of Pollution Control Facilities) Construction and transformation of pollution control facilities in livestock and poultry breeding farms, aquaculture communities, and livestock and poultry intensified areas may apply for environmental protection and cleanliness in accordance with national regulations. Production and other related financial support and pollution control loan interest subsidies.
Article 27 (Taxation Policies) The production, sale, and use of livestock and poultry breeding waste to produce organic fertilizer products, and the acquisition and actual use of livestock and poultry breeding waste collection, treatment, and utilization equipment, shall enjoy preferential tax policies in accordance with relevant state regulations.
Article 28 (Price Policy) The use of livestock and poultry breeding waste to produce organic fertilizer shall enjoy preferential policies that are not lower than the state's transportation price and capacity arrangement for chemical fertilizers; the use of organic fertilizers shall not be lower than that enjoyed by the state on chemical fertilizers. The use of subsidies and other preferential policies.
The livestock and poultry breeding pollution control facilities operate electricity and enjoy the price of agricultural electricity.
Article 29 (Support Measures for Power Generation Projects) Where livestock and poultry breeding wastes are used for power generation and biogas production, they shall enjoy preferential policies such as on-grid tariffs as stipulated by the State.
Article 30 (Subsidy for Environmental Impact Assessment) The local people's governments at various levels shall, in accordance with the actual conditions in the area, provide subsidies for the consultation and collection of environmental impact assessments for the construction projects of standardized livestock and poultry farms and breeding communities.
Article 31 (Incentive Measures for Voluntary Emission Reduction) The discharge of pollutants from livestock and poultry farms and breeding communities shall meet national or local environmental protection standards and total volume control requirements, and voluntary further reduction of pollutant discharge shall be carried out by counties and townships. The people's government at the level grants rewards in accordance with the relevant regulations of the state, and prioritizes the inclusion of supporting financial and financial resources for the development of livestock and poultry husbandry arranged by the State Council and local people's governments at or above the county level.
Chapter V Legal Liabilities Article 32 (Duty of Duty) The competent department of environmental protection at all levels of the people's government, the department in charge of agriculture administration, and other relevant departments who fail to perform their duties in accordance with the provisions of these Regulations shall be directly responsible for the responsible personnel and other direct responsibilities. Personnel shall be given sanctions in accordance with the law; if directly responsible personnel in charge and other directly responsible personnel constitute a crime, criminal responsibility shall be investigated in accordance with the law.
Article 33 (violation of prohibition restrictions and regulations) In violation of the provisions of these Regulations, the unauthorized construction of livestock and poultry breeding farms and breeding communities within the designated areas for prohibition of breeding shall be ordered by the competent department of environmental protection of the local people's government at or above the county level to stop the illegal activities. If a violator refuses to stop the illegal act, a fine of 30,000 yuan up to 100,000 yuan shall be imposed and reported to the people's government at or above the county level for order to remove or close it. Where a poultry farm or aquaculture community is established in a drinking water source protection area, it shall be punished in accordance with the provisions of the relevant laws on the prevention and control of water pollution.
Where livestock breeding activities within the restricted breeding area do not meet the requirements of local people's governments at or above the county level, the competent environmental protection department of the local people's government at or above the county level shall order corrections; if the time limit is not correct, it shall be 10,000 yuan or more and 50,000 yuan or less. fine.
Article 34 (Unsupported facilities) Newly built, reconstructed or expanded livestock and poultry breeding farms and breeding communities have not built pollution prevention and control facilities in accordance with the provisions of these Regulations, nor have they entrusted competent units to handle livestock and poultry breeding waste on their behalf. Penalties shall be imposed in accordance with the relevant laws and regulations of environmental protection.
Article 35 (Leakage prevention) Violators of the provisions of these Regulations and fail to adopt effective measures to cause leakage or spillage of excrement and sewage shall be ordered by the competent department of environmental protection at the local people's government at or above the county level to stop the illegal act and be corrected within a time limit; If the case is not corrected within the time limit, a fine of 10,000 yuan up to 50,000 yuan shall be imposed; if a crime is constituted, the criminal liability shall be investigated according to law.
Chapter VI Supplementary Provisions Article 36 (Commencement Date) This Regulation shall come into force on the day of the year.
The notice of the “Law on Pollution Prevention and Control of Livestock and Poultry Farming (Draft for Soliciting Opinions)†issued by the State Council’s Office of Legal Affairs on the public solicitation of opinions for the purpose of further improving the quality of laws and regulations review is now under the “Regulations on Prevention and Control of Pollution from Livestock and Poultry Farming (Draft for Soliciting Opinions)†(hereinafter referred to as solicitation of comments The full text of the manuscript is published, solicit opinions from all sectors of society, and notify the relevant issues as follows:
First, the idea of ​​seeking opinions in order to prevent livestock and poultry breeding pollution, promote the comprehensive utilization of livestock and poultry breeding waste, protect and improve the environment, protect human health, and promote the sustainable and healthy development of animal husbandry, the Ministry of Environmental Protection and the Ministry of Agriculture are seriously summarizing livestock. On the basis of practical experience and extensive opinions on pollution prevention and control of poultry breeding, the Regulations on the Prevention of Pollution from Livestock and Poultry (Draft for Ratification) was drafted and submitted to the State Council for approval. The Legal Affairs Office of the State Council, after fully listening to the opinions of the relevant departments, local people's governments and relevant research institutions, has repeatedly studied and revised the draft for soliciting opinions.
In order to protect and improve the rural environment, it is necessary to strengthen pollution prevention and control in the aquaculture industry. The aquaculture industry is a vulnerable industry. Pollution prevention and control should not cause unnecessary burdens on farmers. It should not be simple to adopt industrial pollution control systems and measures. To this end, the Consultation Draft implements the following ideas:
The first is to take into account the dual goals of pollution prevention and promotion of the healthy development of livestock and poultry husbandry. Livestock and poultry breeding provides important foods such as meat and eggs, which are related to the national economy and the people's livelihood. At the same time, farmers are also faced with high operating pressures and high margins. Therefore, the various systems and measures established in the Exposure Draft must also minimize the burden on livestock and poultry farmers and ensure the continued healthy development of livestock and poultry husbandry while achieving pollution control and improving the environment.
The second is to strengthen the comprehensive utilization of the important role in pollution control. Livestock and poultry farming polluting waste is mainly organic matter such as feces, sewage, etc. These substances are used as valuable resources and can be used as fertilizers to return fields or to make biogas, power generation, and other purposes. If handled properly, the vast majority of livestock and poultry breeding waste can be turned into waste through comprehensive utilization and ultimately achieve zero emissions of pollutants. Therefore, the draft of the Consultation has attached great importance to the important role of comprehensive utilization of pollution prevention and control in livestock and poultry farming, but has not simply adopted the governance model of industrial pollution prevention and control.
Third, farmers of different scales will implement classification management and determine different targets for pollution prevention and control. In practice, both livestock and poultry farms and aquaculture communities that reach a certain scale, as well as a large number of scattered farmers that operate in a decentralized manner, take into account the reality of China’s current stage, especially in rural areas, and will include all households including free-range households. It is neither realistic nor operational to equip the breeding subjects to be incorporated into regulations. Therefore, the obligations for building pollution prevention facilities and conducting environmental assessments as set out in the Exposure Draft are targeted at livestock and poultry breeding farms and breeding communities with a certain operating scale and above; and for the construction of pollution control facilities for heavily polluted areas that are densely populated, It should start from reality and the county-level government should be responsible for steadily and steadily progressing.
The fourth is based on guiding support, and the penalty is supplemented. In the pollution prevention and control of livestock and poultry, we must actively bring into play the government’s service functions, focus on guiding and supporting, and continue to increase fiscal fund input, implement various tax and fee reductions and other methods, encourage and support scientific research on the prevention and control of livestock and poultry pollution, and strengthen Pollution prevention facilities construction. Use the role of economic leverage as much as possible to achieve the purpose of reducing environmental pollution. In terms of legal responsibility, the principle of preventive education is mainly based on the principle of punishment as a supplement, and corresponding legal responsibilities are set.
Second, the main content of the draft is to comply with the basic principle of pollution prevention, which is “prevention first, prevention and control combinedâ€. At the same time, it fully reflects the particularity of the pollution prevention and control of livestock and poultry breeding. The regulations focus on prevention, comprehensive utilization and governance, and incentive measures. Aspect content.
(a) Prevention. (Chapter two)
The Regulations prescribe the prevention measures for livestock and poultry pollution from such aspects as livestock husbandry development planning, pollution control planning for livestock and poultry breeding, banned areas and restricted areas, construction environmental assessment, and environmental protection facilities.
The first is about animal husbandry development planning and animal husbandry pollution prevention and control plan. (Article 8, Article 9)
In order to give consideration to environmental protection and promote the development of animal husbandry, the Regulations stipulate that the formulation of the animal husbandry development plan must fully consider the environmental carrying capacity and pollution prevention and control requirements; the livestock and poultry breeding pollution prevention plan shall be formulated by the environmental protection department in conjunction with the agricultural sector, and adequate livestock and poultry breeding Production layout, clear pollution prevention and control targets, tasks, key areas, facility construction, and prevention and control measures.
The second is about the banned area and the restricted area. (Articles 10, 11)
In order to strengthen the protection of the environment in special areas, the Regulations stipulate that construction of livestock and poultry farms and breeding areas shall be prohibited in areas such as drinking water source protection areas and scenic spots. Local governments can, according to actual needs, delineate the restricted areas of livestock and poultry breeding, scale, and total amount in the area.
The third is about construction EIA. (Article 12)
In order to minimize the cost of breeding and promote the healthy development of the aquaculture industry, the regulations stipulate that newly reconstructed and expanded livestock and poultry breeding farms and breeding communities shall carry out EIA according to law. The EIA documents shall include waste comprehensive utilization plans and measures, and shall authorize the Ministry of Commerce and Agriculture of the Ministry of Environmental Protection to determine The scope and scale of farms and breeding communities that need EIA.
The fourth is about the construction of environmental protection facilities. (Article 13)
In order to effectively protect the environment, the regulations stipulate that the farms and breeding communities shall build waste storage facilities, and if necessary, build facilities for harmless treatment and comprehensive utilization or entrust other units to handle livestock and poultry breeding waste on their behalf. Farms and breeding areas that do not meet the above requirements must not be put into production and use.
(b) Comprehensive utilization and governance. (third chapter)
The main manifestation of pollution from livestock and poultry farming that is different from industrial pollution is that livestock and poultry breeding waste can be turned into waste and treasured to achieve comprehensive utilization. Comprehensive utilization is an important means for the prevention and control of pollution in livestock and poultry farming, and its methods mainly include returning manure, producing biogas, and manufacturing organic fertilizers. The pollution control measures for livestock and poultry farming mainly include leakage prevention, odor control, and discharge standards. The third chapter mainly includes the following contents:
The first is about comprehensive utilization. (Articles 15 to 18)
While encouraging and supporting farms and breeding communities to adopt various comprehensive utilization measures and constructing comprehensive utilization and other environmental protection facilities, the regulations further require that waste be taken before the use of fertilizers as fertilizers to remove pathogens based on the needs of environmental protection. Microorganisms, and fully consider the ability to absorb the land.
The second is about governance measures. (Articles 19 to 25)
To strengthen the treatment of pollution, the regulations stipulate that livestock and poultry breeding wastes should be collected, stored, removed and transported in a timely manner, and measures should be taken to prevent leakage and prevent odors; wastes that have not been harmlessly treated can not be directly discharged into water bodies and other environments. For livestock and poultry diseases and diseased wastes, they must be professionally harmless in accordance with the relevant regulations; the environmental protection department must strengthen the supervision and inspection of the pollution prevention and control of livestock and poultry, and strengthen pollution monitoring; for livestock and poultry farming with serious pollution The district and county governments should formulate a comprehensive remediation plan for governance and organize the construction of harmless treatment and comprehensive utilization facilities.
(c) incentives. (Chapter Four)
In the system design of pollution control for livestock and poultry farming, a model that distinguishes it from general industrial pollution control has been designed, emphasizing the management ideas of “indicating governance through awardsâ€:
First, Regulations 26, 27, and 28 respectively stipulate financial support for pollution control facilities; production, transportation, sales, and use of livestock and poultry farming waste organic fertilizer products; purchase and use of waste collection and disposal; Use tax incentives for equipment; use animal husbandry waste to produce organic fertilizers, generate electricity, and adopt preferential price policies for biogas production.
Second, Article 30 of the Regulations stipulates that subsidies for the environmental assessment of construction projects that are funded by standardized farms and breeding communities shall be granted by local governments at all levels.
Third, Article 31 of the Regulations stipulates that if a farm or a breeding community voluntarily eliminates emission reductions on the basis of discharge standards, it shall be rewarded by the county and township governments, and shall be preferentially included in the scope of supporting funds for the development of livestock and poultry husbandry.
In addition, the regulations stipulate corresponding legal responsibilities for various illegal acts that may occur. (chapter Five)
III. Ways to submit opinions The relevant units and people from all walks of life can submit their opinions in the following three ways before August 6, 2012:
(1) Log in to the Chinese Government Legal Information Network (URL: http://.gov.cn), and submit comments on the draft for comment through the “Opinion and Regulations Draft Solicitation System†on the left side of the homepage of the website.
(2) Send comments to the following address: Beijing 2067 mail box (postal code: 100035), and please indicate on the envelope the words "Policy for Pollution Prevention of Livestock and Poultry".
(c) Send comments via email to: xqyz@chinalaw. Gov. Cn
Regulations of the Legislative Affairs Office of the State Council on the Prevention of Pollution from Livestock and Poultry Farming on July 5, 2012 (Draft for Soliciting Opinions)
Chapter 1 General Provisions Article 1 (Legislative Objectives) These Regulations are formulated for the purpose of preventing and controlling the pollution of livestock and poultry, promoting the comprehensive utilization of livestock and poultry breeding waste, protecting and improving the environment, ensuring human health, and promoting the sustained and healthy development of animal husbandry.
Article 2 (Scope of Application) This Regulation applies to the prevention and control of breeding pollution in livestock and poultry farms and breeding communities.
Article 3 (Basic Principles) Prevention and Control of Pollution from Livestock and Poultry Breeding shall adopt the principle of prevention as the mainstay, prevention and control combined, adherence to overall planning, rational distribution, comprehensive utilization, and promotion through awards.
Article 4 (Government responsibilities) The people's governments at various levels shall strengthen the organization and leadership of pollution prevention and control of livestock and poultry, take effective measures, increase capital investment, strengthen the construction of pollution control facilities, and support the comprehensive utilization of livestock and poultry breeding waste.
Article 5 (Regulatory System) The competent department of environmental protection of the people's government at or above the county level shall be responsible for the unified supervision and control of pollution prevention of livestock and poultry.
The agricultural administrative department of the people's government at or above the county level shall be responsible for the guidance and management of the comprehensive utilization of livestock and poultry breeding waste.
Other relevant departments of the people's government at or above the county level shall, in accordance with the provisions of these Regulations and their respective duties, do a good job in the prevention and control of livestock and poultry farming pollution.
The people's governments at the township level shall do a good job in organizing and implementing pollution prevention and control of livestock and poultry.
Article 6 (Technical Support) The State encourages and supports the scientific research on pollution control of livestock and poultry breeding and comprehensive utilization of livestock and poultry breeding waste. The people's governments at all levels shall establish corresponding guidance and service systems for the promotion of science and technology, popularize advanced and applicable pollution prevention and control technologies, and promote the improvement of pollution control of livestock and poultry breeding.
Article 7 (Acceptance of Acceptance and Awards) Any unit or individual shall have the right to report the pollution behavior of livestock and poultry breeding to the competent authorities for environmental protection and other relevant departments at all levels of the government, and the authorities receiving the report shall promptly investigate and handle it.
Units and individuals that have made outstanding contributions to the prevention and control of pollution in livestock and poultry shall be commended and rewarded in accordance with relevant state regulations.
Chapter II Prevention Article 8 (Requirements for Pollution Prevention and Control of Animal Husbandry Development Plan) The people's governments at or above the county level shall formulate plans for the development of animal husbandry in their own administrative areas, and shall fully consider the environmental carrying capacity and requirements for the prevention and control of livestock and poultry pollution, and rationally allocate and scientifically Determine livestock breeds, scale, and total amount.
Article 9 (Pest Prevention and Control Plan for Livestock and Poultry Breeding) The competent department of environmental protection of the people's government at or above the county level, together with the competent department of agriculture administration, shall formulate plans for prevention and control of livestock and poultry breeding pollution and report it to the people's government at the same level or its authorized department for approval.
To formulate plans for the prevention and control of livestock and poultry breeding pollution, full consideration shall be given to the layout of production of livestock and poultry, clear objectives, tasks, and key areas for pollution prevention and control of livestock and poultry, construction of key facilities for pollution control, comprehensive utilization of waste, and other prevention and control measures.
Article 10 (forbidden areas) It is forbidden to build livestock breeding farms and breeding communities in the following areas:
(1) drinking water source protection areas and scenic spots;
(2) The core areas and buffer zones of nature reserves;
(3) Population concentration areas such as urban residential areas, cultural education and scientific research areas, etc.;
(4) Other prohibited areas as required by laws and regulations.
Article 11 (Limited rearing areas) The local people's governments at or above the county level may, according to the actual conditions in the area, delimit the restricted areas.
Livestock and poultry breeding activities within the restricted aquaculture area shall meet the requirements for variety, scale, and total amount as stipulated by the local people's government at or above the county level.
Article 12 (Requirements for Construction) Newly built, rebuilt or expanded livestock and poultry breeding farms and breeding communities shall comply with the livestock husbandry development plan, livestock breeding pollution prevention and control plan, meet the requirements of sanitary protection distance and animal epidemic prevention conditions, and conduct environmental impact assessment. . The environmental impact assessment documents of livestock and poultry farms and breeding communities shall include comprehensive utilization plans and measures for livestock and poultry breeding wastes.
The scope and scale of livestock and poultry farms and aquaculture communities that need to carry out environmental impact assessment shall be determined by the competent department of environmental protection under the State Council in consultation with the agriculture administrative department of the State Council.
Article 13 (Supporting environmental protection facilities) Livestock and poultry breeding farms and breeding communities shall support the construction of storage facilities for livestock and poultry excrement, sewage, and other wastes, and shall build facilities for harmless treatment and comprehensive utilization according to the needs of pollution prevention and control; In the construction of a harmless treatment and comprehensive utilization facility, a competent unit shall be entrusted in writing to dispose of livestock and poultry breeding waste.
Where there are no supporting facilities for pollution prevention and control such as storage, innocent treatment, and comprehensive utilization, or if the supporting facilities are unqualified, or if it is not possible to provide written documents for entrusting others to act as harmless treatment and comprehensively using livestock and poultry breeding waste, livestock and poultry farms Farming communities may not be put into production and use.
Article 14 (Requirements for Emission Reduction of Waste) When engaging in livestock and poultry breeding activities, effective measures such as scientific feeding methods and waste cleaning techniques shall be taken to reduce the discharge of livestock and poultry breeding waste to the environment.
Chapter III Comprehensive Utilization and Governance Article 15 (Comprehensive Utilization) The State encourages and supports the comprehensive utilization of livestock and poultry breeding waste by adopting methods such as manure return, biogas production, and organic fertilizer production.
Article 16 (Combination of Planting and Breeding) The State encourages and supports livestock and poultry farms and breeding communities to adopt a combination of planting and breeding methods, and uses livestock and poultry breeding wastes to absorb and use livestock and poultry breeding wastes to achieve livestock and poultry manure, sewage and other wastes. Use it locally.
Article 17 (Returning to land use) The livestock manure and sewage shall be used as fertilizer. Stacking and other measures shall be taken to remove pathogenic microorganisms to prevent environmental pollution and infectious diseases.
The use of livestock manure, sewage, biogas residues, and biogas slurry as fertilizers should fully consider the capacity for land absorption and prevent environmental pollution.
Article 18 (Integration of Comprehensive Utilization Facilities) The state encourages and supports livestock and poultry breeding farms and breeding communities to build comprehensive utilization of wastes such as biogas and organic fertilizers, and related supporting facilities such as biogas slag and biogas slurry transportation and application.
Article 19 (Collection, Storage and Transportation of Wastes) In the livestock and poultry breeding activities and livestock and poultry breeding waste disposal activities, livestock and poultry excrement, sewage, etc. shall be collected, stored, cleared, transported in a timely manner, and shall not be stowed and discharged arbitrarily. Anti-leakage and anti-malodor measures shall be taken to prevent leakage and spillage of feces and sewage.
Article 20 (Requirements for Pollutant Discharge) Livestock and poultry breeding wastes shall not be directly discharged into water bodies or other environment without harmless treatment. Discharged treated sewage directly to the environment shall comply with the national and local regulations on the discharge of water pollutants and total amount control requirements.
Violations of the provisions of the preceding paragraph, if the environment is seriously polluted, the competent department of environmental protection of the people's government at the county level or above shall order it to rectify it within a time limit. The competent department of environmental protection that has decided to make a deadline for rectification shall, in conjunction with the agricultural administrative department of the people's government at the same level, promptly verify the implementation of the rectification measures and publish the verification results to the public.
Article 21 (Treatment of Infectious Disease Waste) Diseases and diseases such as livestock and poultry epiphytes and their excretions, infected livestock and poultry products, dead animals or dead animals and poultry dead bodies, etc. should be in accordance with relevant laws and regulations. The provisions of the administrative department of agriculture of the State Council shall be dealt with innocuously.
Article 22 (Sewage discharge record) Livestock and poultry breeding farms and aquaculture communities shall regularly report the breed, scale of livestock and poultry breeding, and the production, discharge and comprehensive utilization of livestock and poultry breeding wastes to the competent department of environmental protection of the people's government at the county level. Filing. The competent department of environmental protection shall send a copy of the record to the competent department of agriculture at the same level on a regular basis.
Article 23 (Inspection and Monitoring) The competent department of environmental protection of the people's government at or above the county level shall supervise and inspect the pollution prevention of livestock and poultry breeding in accordance with their duties, and shall strengthen the monitoring of the environmental pollution of livestock and poultry.
Article 24 (Renovation of Densely Bulked Areas) For heavily-polluted livestock and poultry breeding areas with high density, the people's government at the county level shall formulate a comprehensive plan for rectification, and adopt the organization to construct innocuous treatment and comprehensive utilization facilities for livestock and poultry breeding wastes. , There are plans to relocate or close measures to control the pollution of livestock and poultry breeding.
Article 25 (Compensation) It is really necessary to close down or relocate existing livestock and poultry breeding sites due to the development plan for animal husbandry, adjustment of urban and rural planning, and the delineation of prohibited breeding areas, restrictions on breeding areas, or remediation of densely populated areas of livestock and poultry. If livestock and poultry farmers suffer economic losses, they will be compensated by local people's governments.
Chapter IV Incentive Measures Article 26 (Support Measures for the Construction of Pollution Control Facilities) Construction and transformation of pollution control facilities in livestock and poultry breeding farms, aquaculture communities, and livestock and poultry intensified areas may apply for environmental protection and cleanliness in accordance with national regulations. Production and other related financial support and pollution control loan interest subsidies.
Article 27 (Taxation Policies) The production, sale, and use of livestock and poultry breeding waste to produce organic fertilizer products, and the acquisition and actual use of livestock and poultry breeding waste collection, treatment, and utilization equipment, shall enjoy preferential tax policies in accordance with relevant state regulations.
Article 28 (Price Policy) The use of livestock and poultry breeding waste to produce organic fertilizer shall enjoy preferential policies that are not lower than the state's transportation price and capacity arrangement for chemical fertilizers; the use of organic fertilizers shall not be lower than that enjoyed by the state on chemical fertilizers. The use of subsidies and other preferential policies.
The livestock and poultry breeding pollution control facilities operate electricity and enjoy the price of agricultural electricity.
Article 29 (Support Measures for Power Generation Projects) Where livestock and poultry breeding wastes are used for power generation and biogas production, they shall enjoy preferential policies such as on-grid tariffs as stipulated by the State.
Article 30 (Subsidy for Environmental Impact Assessment) The local people's governments at various levels shall, in accordance with the actual conditions in the area, provide subsidies for the consultation and collection of environmental impact assessments for the construction projects of standardized livestock and poultry farms and breeding communities.
Article 31 (Incentive Measures for Voluntary Emission Reduction) The discharge of pollutants from livestock and poultry farms and breeding communities shall meet national or local environmental protection standards and total volume control requirements, and voluntary further reduction of pollutant discharge shall be carried out by counties and townships. The people's government at the level grants rewards in accordance with the relevant regulations of the state, and prioritizes the inclusion of supporting financial and financial resources for the development of livestock and poultry husbandry arranged by the State Council and local people's governments at or above the county level.
Chapter V Legal Liabilities Article 32 (Duty of Duty) The competent department of environmental protection at all levels of the people's government, the department in charge of agriculture administration, and other relevant departments who fail to perform their duties in accordance with the provisions of these Regulations shall be directly responsible for the responsible personnel and other direct responsibilities. Personnel shall be given sanctions in accordance with the law; if directly responsible personnel in charge and other directly responsible personnel constitute a crime, criminal responsibility shall be investigated in accordance with the law.
Article 33 (violation of prohibition restrictions and regulations) In violation of the provisions of these Regulations, the unauthorized construction of livestock and poultry breeding farms and breeding communities within the designated areas for prohibition of breeding shall be ordered by the competent department of environmental protection of the local people's government at or above the county level to stop the illegal activities. If a violator refuses to stop the illegal act, a fine of 30,000 yuan up to 100,000 yuan shall be imposed and reported to the people's government at or above the county level for order to remove or close it. Where a poultry farm or aquaculture community is established in a drinking water source protection area, it shall be punished in accordance with the provisions of the relevant laws on the prevention and control of water pollution.
Where livestock breeding activities within the restricted breeding area do not meet the requirements of local people's governments at or above the county level, the competent environmental protection department of the local people's government at or above the county level shall order corrections; if the time limit is not correct, it shall be 10,000 yuan or more and 50,000 yuan or less. fine.
Article 34 (Unsupported facilities) Newly built, reconstructed or expanded livestock and poultry breeding farms and breeding communities have not built pollution prevention and control facilities in accordance with the provisions of these Regulations, nor have they entrusted competent units to handle livestock and poultry breeding waste on their behalf. Penalties shall be imposed in accordance with the relevant laws and regulations of environmental protection.
Article 35 (Leakage prevention) Violators of the provisions of these Regulations and fail to adopt effective measures to cause leakage or spillage of excrement and sewage shall be ordered by the competent department of environmental protection at the local people's government at or above the county level to stop the illegal act and be corrected within a time limit; If the case is not corrected within the time limit, a fine of 10,000 yuan up to 50,000 yuan shall be imposed; if a crime is constituted, the criminal liability shall be investigated according to law.
Chapter VI Supplementary Provisions Article 36 (Commencement Date) This Regulation shall come into force on the day of the year.
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