Chương III Thông tư 35/2015/TT-BTNMT bảo vệ môi trường khu kinh tế khu công nghiệp khu chế xuất: Bảo vệ môi trường khu công nghiệp

Chapter III

ENVIRONMENTAL PROTECTION OF INDUSTRIAL PARKS

Article 7. Environmental protection requirements in industrial park construction planning

1. A plan on functional quarters within an industrial park must ensure minimum impacts of polluting production activities on other production activities and facilitate the prevention of and response to environmental incidents.

2. Projects in an industrial park must ensure an environmental safety distance according to national technical regulations on technical infrastructural facilities to mitigate possible impacts on other establishments in the industrial park and surrounding socio-economic subjects.

3. Technical infrastructure for environmental protection shall be arranged in a way suitable to various forms of investment in an industrial park, ensuring minimum bad impacts on surrounding environment.

4. Greenery coverage in an industrial park must account for at least 10 percent of the industrial park’s total area.

Article 8. Construction of technical infrastructure for environmental protection of industrial parks

1. Technical infrastructure for environmental protection of an industrial park includes the rainwater drainage system, centralized wastewater treatment system (including the wastewater collection system, centralized wastewater treatment plant, and wastewater drainage system), solid waste storage area (if any), automatic wastewater observation system and other technical infrastructure facilities for environmental protection. Technical infrastructure for environmental protection of an industrial park shall be synchronously designed and conformable with construction technical regulations and relevant environmental technical regulations.

2. A water drainage system in an industrial park must satisfy the following requirements:

a/ The wastewater collection and drainage system is separated from the rainwater drainage system;

b/ Manholes of the wastewater collection and drainage system must be located at positions and have depths for easy connection to establishments’ wastewater discharging points and ensure the industrial park’s wastewater drainage capacity; the wastewater connection points must lie along the collection route of the water drainage system of the industrial park and outside the premises of establishments;

c/ The discharging point of the centralized wastewater treatment system of the industrial park at receiving waters must be outside the fence of the industrial park with signs and a working area of at least one (1) square meter and a convenient passage for the inspection and control of waste sources.

3. A centralized wastewater treatment plant of an industrial park must meet the following requirements:

a/ Being divisible into various modules suitable to the schedule of occupancy and operation of the industrial park but ensuring treatment of the whole generated wastewater volume up to environmental technical regulations; having an input wastewater flow meter and an independent electric meter. Application of environment-friendly and energy-efficient technologies is encouraged;

b/ Having a system for automatic and constant observation of the output wastewater flow, pH, temperature, COD, TSS and some other typical parameters of wastewater generated by the industrial park before wastewater is discharged into receiving waters according to the requirement specified in the decision approving the environmental impact assessment report. The automatic observation system must ensure automatic and constant transmission of data to the provincial-level Department of Natural Resources and Environment.

4. The centralized wastewater drainage and treatment system and rainwater drainage system of an industrial park shall be completely constructed before the industrial park is put into operation.

Article 9. Industrial park wastewater management

1. Wastewater of production, business and service establishments operating in an industrial park:

a/ Wastewater shall be treated to meet the conditions specified in written agreements signed with the owner of the industrial park infrastructure construction and commercial operation project before being connected to the collection system of the industrial park for further treatment at the centralized wastewater treatment plant up to environmental technical regulations before being discharged into receiving waters, except the case provided in Clause 4 of this Article;

b/ Production, business and service establishments operating in an industrial park that transfer wastewater to a functional unit for treatment must sign wastewater treatment contracts with the functional unit under current regulations.

2. The rainwater and wastewater collection networks and drainage systems shall be regularly maintained and repaired to ensure normal operation.

3. Management and operation of a centralized wastewater treatment plant:

a/ Each module or the whole of the centralized wastewater treatment plant shall be constantly operated according to the approved technological process to make sure all wastewater be treated up to environmental technical regulations; must have an operation diary for examination and inspection, which fully reflects the wastewater volume, used electricity amount, used chemical and sludge amount;

b/ Input wastewater flow meters and automatic observation devices must operate 24 hours a day and transmit data automatically and constantly to the provincial-level Department of Natural Resources and Environment;

c/ There must be at least three (3) managers of the operation of the centralized wastewater treatment plant, of whom the leading manager must possess a collegial or higher degree in environmental technology, chemical technology, biotechnology, or electricity or water supply or drainage technology.

4. Cases exempted from connection:

a/ Production, business and service establishments apply wastewater treatment measures complying with environmental technical regulations and the connection to the centralized wastewater collection and treatment system of the industrial park causes unreasonable costs to such establishments;

b/ Production, business and service establishments generate an wastewater volume beyond the receiving and treatment capacity of the centralized wastewater treatment system of the industrial park and concurrently apply wastewater treatment measures up to environmental technical regulations;

c/ Production, business and service establishments apply wastewater treatment measures up to environmental technical regulations and operate in an industrial park that has no centralized wastewater treatment system.

5. For the cases specified at Points a and b, Clause 4 of this Article, owners of such establishments shall agree with the owner of the industrial park infrastructure construction and commercial operation project on solutions for disconnection to treat wastewater by themselves and send a report according to Clause 7, Article 16 of the Government’s Decree No. 18/2015/ND-CP of February 14, 2015, prescribing environmental protection master plan, strategic environmental assessment, environmental impact assessment and environmental protection plan (below referred to Decree No. 18/2015/ND-CP). The report must cover:

a/ A written request and a report on solutions to disconnection for wastewater to be treated by the establishment itself according to the form provided in Appendix 3 to this Circular (together with the latest results of constant wastewater observation);

b/ A written agreement on disconnection with the owner of the industrial park infrastructure construction and commercial operation project.

6. Wastewater may not be diluted before reaching the discharging point as specified at Point c, Clause 2, Article 8 of this Circular.

Article 10. Management of exhaust gas and noise in industrial parks

1. Production, business and service establishments operating in an industrial park that emit exhaust gas and cause noise shall procure and install exhaust gas treatment and noise reduction systems conformable to environmental technical regulations.

2. Production, business and service establishments operating in an industrial park that emit exhaust gas on the list specified in the Appendix to Decree No. 38/2015/ND-CP shall register the exhaust gas source owner, observe exhaust gas automatically and constantly and transmit data to the provincial-level Department of Natural Resources and Environment.

3. Application of environment-friendly and energy-efficient technologies, especially in industries causing great air pollution, is encouraged.

Article 11. Management of ordinary solid waste and hazardous waste generated in industrial parks

1. Production, business and service establishments operating in an industrial park shall sort out ordinary solid waste, medical waste and hazardous waste; dispose of such waste themselves or sign collection and disposal contracts with qualified units in accordance with law.

2. Sludge of the centralized wastewater treatment plant and water drainage system of an industrial park and establishments operating therein shall be collected, transported and disposed of or recycled in accordance with regulations on sludge management.

Article 12. Prevention, response to and remediation of environmental incidents in industrial parks

1. An industrial park’s program on environmental management and supervision must include a plan on prevention, response to and remediation of environmental incidents with the following major contents:

a/ Identification and assessment of dangers of environmental incidents that may occur during the operation of the industrial park, circumstances for each type of dangers of environmental incidents that are likely to occur;

b/ Preventive measures for each environmental incident; measures to eliminate causes of environmental incidents;

c/ A plan on arrangement of on-the-spot forces to be ready to respond to and remedy each specific environmental incident circumstance; plan on training and drilling in the prevention, response to and remediation of environmental incidents;

d/ Installation and inspection of necessary equipment, tools and facilities for responding to environmental incidents;

dd/ Implementation mechanism, notification and alert methods and mobilization of manpower and equipment and facilities in and outside the industrial park to cope with environmental incidents of different levels; mechanism for coordination among related organizations and individuals in the area in responding to environmental incidents;

e/ Solutions to addressing environmental pollution when an environmental incident occurs;

g/ A plan to mobilize financial sources for the implementation of the plan on prevention, response to and remediation of environmental incidents.

2. Owners of industrial park infrastructure construction and commercial operation projects shall make and implement plans on prevention, response to and remediation of environmental incidents according to Clause 1 of this Article.

Article 13. Environmental protection upon adjustment of areas, plans and activities of industrial parks

1. During the construction and operation of an industrial park, when making any adjustment to the area, plan, technical infrastructure or list of business lines which is not required to make an environmental impact assessment report, the owner of the industrial park infrastructure construction and commercial operation project shall make a report under Clause 7, Article 16 of Decree No. 18/2015/ND-CP. The report form is provided in Appendix 4 to this Circular.

2. Within twenty (20) working days after receiving the report, the competent agency shall consider and notify the result to the owner of the industrial park infrastructure construction and commercial operation project. In case of necessity, the competent agency may form a team to conduct field inspection and collect opinions of related specialists and agencies before making decision.