Chương II Thông tư 31/2016/TT-BTNMT: Bảo vệ môi trường cụm công nghiệp, khu kinh doanh, dịch vụ tập trung

Chapter II

ENVIRONMENTAL PROTECTION IN INDUSTRIAL CLUSTERS, CONCENTRATIONS OF BUSINESSES AND SERVICE PROVIDERS 

Section 1. ENVIRONMENTAL PROTECTION IN INDUSTRIAL CLUSTERS 

Article 4. Environmental protection requirements in drawing up the construction planning of industrial clusters 

1. Planning of functional zones and production activities in industrial clusters must minimize impacts caused by polluting production activities on others, and facilitate actions to be taken to prevent and respond to environmental emergencies.

2. According to the planning, an industrial cluster must be fully furnished with environmental protection infrastructure meeting requirements referred to in Clause 1 Article 5 hereof.

3. Tree grown within an industrial cluster must cover at least 10% of total area of that industrial cluster.

Article 5. Requirements for development, construction, management and operation of environmental protection infrastructure facilities in industrial clusters 

1. Development of environmental protection infrastructure facilities in an industrial cluster must conform to the following requirements: 

a) Engineering infrastructure of an industrial cluster is composed of rainwater drainage system, centralized wastewater collection and treatment system, solid waste retention and treatment system (if any).

Rainwater drainage system and wastewater collection, treatment and disposal system must be separate, have uniform designs, be installed in conformance to the approved planning, and comply with technical regulations and standards applied to construction activities, and relevant environmental regulations and technical standards; 

b) Centralized wastewater collection and treatment system for an industrial cluster may be built in parts expressed in single segments (or modules) or in whole in proportion to the progress of occupancy of that industrial cluster, ensure that all of wastewater generated from that industrial cluster’s operations must be treated in conformity with technical regulations on environment;  

c) Centralized wastewater collection and treatment system for an industrial cluster must conform to the following requirements: using a meter for measuring inflow and outflow volumes, and electronic meters for independent electricity measurement; installing conspicuous signs at discharge points; designing the working floor covering a space of at least 01 m², having walkways convenient for testing and inspection of regulatory authorities; making plans, infrastructure, equipment and instruments available for response and solution to any failure or breakdown that may happen to the system;  

d) The centralized wastewater collection and treatment system for an industrial cluster having the effluent flow volume of at least 1,000 m³/day and night must be equipped with the automatic and continuous monitoring system as defined in Clause 1 and 3 of Article 26 hereof;

dd) Where an industrial cluster has its own plan to collect and treat solid wastes, laws and regulations on collection and treatment of solid wastes shall be applied.

2. Management and operation of environmental protection infrastructure facilities in an industrial cluster must conform to the following requirements: 

a) The centralized wastewater collection and treatment system must be regularly operated in conformance to the regulatory technological process to ensure that wastewater is treated in conformity with technical regulations on environment before being discharged into the receiving source; 

b) Operation of the centralized wastewater collection and treatment system must be recorded into the operational logbook in detail, including flow volume, typical parameters of influent and effluent (if any); volume of electricity consumed; type and amount of chemicals used and waste sludge produced.  The operational logbook must be written in Vietnamese and retained for a period of at least 02 years;

c) The centralized wastewater collection and treatment system must be maintained and serviced on a periodic basis to guarantee its normal working conditions;

d) Effluent must not be diluted before entering into the discharge point referred to in Point c Clause 1 of this Article;

dd) Sewage sludge generated in the centralized wastewater collection and treatment system, and rainwater drainage system, of an industrial cluster must be harvested, transported and treated or reused in accordance with laws and regulations on sewage sludge management.   

3. Exemptions from connection to the centralized wastewater collection and treatment system for an industrial cluster:

a) Any establishment generates an amount of wastewater in excess of the reception and treatment capacity of the centralized wastewater collection and treatment system for the industrial cluster, and is using its wastewater treatment method conformable to environmental technical regulations; 

b) Any establishment is operating within an industrial cluster that has not had the centralized wastewater collection and treatment system, and is using a wastewater treatment method conformable to environmental technical regulations.

Article 6. Responsibilities of establishments in an industrial cluster

1. Treating wastewater:

a) Sign and comply with records of agreement or contracts with investors in construction and business operation of infrastructure facilities installed in an industrial cluster on connecting wastewater to the centralized wastewater collection and treatment system of the industrial cluster, or enter into agreements on transfer of wastewater to be treated with authorized establishments in accordance with regulations laid down in Article 20 hereof;    

b) Establishments eligible for exemptions for connection defined in Clause 3 Article 5 hereof must observe regulations enshrined in Article 18 hereof.

2. Exercising responsibility for management of solid wastes, emissions, noise, vibration, light, heat and radiation as prescribed by Article 19 hereof.

3. Implementing environmental monitoring programs conducted by these establishments in accordance with applicable regulations, and notifying results achieved from such implementation to investors in construction and business operation of the industrial cluster’s establishments to make an integrated report to competent authorities. Informing local governments and environmental protection regulatory authorities, as well as investors in construction and business operation of the industrial cluster's infrastructure in case of environmental emergencies or incidents, and taking measures to respond to and mitigate these situations in accordance with laws and regulations.  

Article 7. Responsibilities of investors in construction and business operation of an industrial cluster’s infrastructure

1. Make investment in construction, management and operation of environmental protection infrastructure facilities for the industrial cluster as defined in Article 5 hereof. 

2. Do not expand the industrial cluster or approving more investment projects in the industrial cluster in the event that industrial cluster has yet to build any environmental protection infrastructure facilities as stipulated by Article 5 hereof. 

3. Pay environmental protection fees defined by laws.

4. Assign at least 01 employee as the officer in charge of environmental protection issues who has attained a university's or higher-level degree in one of the following disciplines: environmental management, environmental science, technology and engineering, chemistry and biology.    This officer shall be offered annual training courses on environmental emergency or incident prevention and response.

5. Draw up, and allow for implementation of, environmental protection plans in accordance with Chapter V hereof.

6. Prepare and submit an integrated evaluation report on environmental monitoring and environmental protection activities in an industrial cluster and at establishments operating in that industrial cluster to the Department of Natural Resources and Environment ahead of December 31 every year.    The sample report is provided in the Appendix 1 hereto.

Article 8. Responsibilities of district-level People’s Committee

1. Command its subordinate agencies that have appropriate competence to make investment in construction, management and operation of environmental protection infrastructure facilities for an industrial cluster as defined in Article 5 hereof unless investors in construction and business operation of industrial cluster infrastructure have been determined in accordance with laws and regulations.

2. Direct its subordinate competent agencies not to approve any new investment project in an industrial cluster where technical infrastructure for environmental protection purposes is not available as prescribed in Article 5 hereof within its jurisdiction. 

3. Examine and inspect construction of environmental protection infrastructure for industrial clusters within its jurisdiction in accordance with laws and regulations. 

Article 9. Responsibilities of the provincial-level People’s Committee

1. Consider allocating the budget as subsidy on investment in construction of environmental protection infrastructure for industrial clusters that fall within its jurisdiction in accordance with laws and regulations. 

2. Order professional regulatory authorities, district-level and communal-level People’s Committee to implement regulations on environmental protection for industrial clusters. 

Section 2. ENVIRONMENTAL PROTECTION FOR CONCENTRATIONS OF BUSINESSES AND SERVICE PROVIDERS 

Article 10. Management of wastewater and solid wastes

1. Concentrations of businesses and service providers must apply methods for treatment of all sewage generated from business and service activities; have a sewerage system with sufficient capacity to handle sewage produced by businesses and service providers within these concentrations; manage and guarantee stability of sewerage service activities in accordance with laws and regulations.  

2. Establishments, business or service households must apply solid waste sorting methods and not discharge solid waste into the sewerage system; transfer solid wastes to entities that have competence in collection, carriage and treatment thereof in accordance with laws and regulations.

3. The management boards of concentrations of businesses and service providers must carry out environmental protection activities for public places in accordance with Clause 2 Article 81 of the Law on Environmental Protection.

Article 11. Officers undertaking environmental protection tasks in concentrations of businesses and service providers 

The management board of a concentration of businesses and service providers must assign 01 officer in charge of environmental protection activities to carry out tasks specified in environmental protection plans, and exercise other environmental protection responsibilities in accordance with laws and regulations.