Quyết định 16/2010/QD-UBND

DECISION

ENVIRONMENTAL ZONING FOR RECEPTION OF WASTEWATER AND INDUSTRIAL EMISSION IN THE AREA OF DONG NAI PROVINCE

PEOPLE’S COMMITTEE OF DONG NAI PROVINCE

Pursuant to the Law on Organization of the People’s Councils and the People’s Committees dated November 26, 2003;

Pursuant to the Law on Environment Protection dated November 29, 2005;

Pursuant to the Law on Technical regulations and standards dated June 29, 2006;;

Pursuant to the Government’s Decree No. 80/2006/NĐ-CP dated August 09, 2006 providing instructions on the implementation of a number of articles of the Law on Environment protection;

Pursuant to the Government's Decree No. 127/2007/NĐ-CP dated August 01, 2007 detailing the implementation of a number of articles of the Law on Technical regulations and standards;

Pursuant to the Government’s Decree No. 21/2008/NĐ-CP dated February 28, 2008 amending and supplementing a number of articles of the Decree No. 80/2006/NĐ-CP dated August 09, 2006 providing instructions on the implementation of a number of articles of the Law on Environment protection;

Pursuant to the Decision No. 04/2008/QĐ-BTNMT dated July 18, 2008 of the Minister of Natural Resources and Environment promulgating National technical regulations on environment;

Pursuant to the Decision No. 16/2008/QĐ-BTNMT dated December 31, 2008 of the Minister of Natural Resources and Environment promulgating National technical regulations on environment;

Pursuant to the Circular No. 25/2009/TT-BTNMT dated November 16, 2009 of the Ministry of Natural Resources and Environment;

Pursuant to the Decree No. 125/2008/NQ-HĐND dated December 05, 2008 of People’s Council of Dong Nai Province on ratification of the environmental protection project in the administrative division of Dong Nai Province till 2010 and a vision to 2020;

At the request of director of the Service of Natural Resources and Environment at the Statement No. 22/TTr-TNMT dated January 11, 2010;;

HEREBY DECIDE:

Article 1. Regulating environmental zoning for reception of wastewater and industrial emissions in the administrative division of Dong Nai Province for application of National technical regulations on environment as follows:

1. Zoning surface water environment to receive sources of wastewater (Enclosed with Appendix 1);

2. Zoning air environment to receive sources of industrial emissions (Enclosed with Appendix 2);

Article 2. Determination and calculation of sources of wastewater and industrial emissions

1. Organizations, individuals as owners of production, trading and service facilities shall be responsible for carrying out monitoring, statistical reports and audits for determination of flow rate of wastewater and industrial emissions to apply coefficients of discharge rate;

2. Organizations, individuals shall be responsible for providing adequate, accurate and authentic information about flow rate of wastewater and industrial emissions to state environmental regulatory agencies. In case figures provided by organizations, individuals are found not reliable, state environmental regulatory agencies shall carry out calculation for determination or conduct a poll according to the law provisions.

3. In some peculiar circumstances depending on scale and nature of projects, production, trading and service facilities, particular conditions of wastewater and exhaust receiving environment, actual construction site and local socio-economic development planning, People’s Committee of Dong Nai Province shall promulgate separate regulations.

Article 3. This Decision takes effect after ten days since it is signed. This Decision replaces the Decision No.65/2007/QĐ.UBND dated December 11, 2007 of People’s Committee of Dong Nai Province on environmental zoning for reception of wastewater and industrial emission in the administrative division of Dong Nai Province.

Article 4. Chief officers of People’s committees of provinces, directors of the Service of Natural Resources and Environment, the Service of Finance, the Service of Planning and Investment, the Service of Industry and Trade, the Service of Construction, presidents of People’s committees of Long Khanh District and Bien Hoa City, and relevant organizations, individuals shall be responsible for executing this Decision./.

APPENDIX 1

REGULATIONS ON ZONING OF SURFACE WATER ENVIRONMENT FOR RECEPTION OF WASTEWATER SOURCES (Enclosed with the Decision No. 16/2010/QĐ-UBND dated March 19, 2010 of the People’s Committee of Dong Nai Province)

1. Table of environmental zoning for rivers, streams:

2. Table of environmental zoning for lakes:

3. Flow rate of above mentioned rivers, stream corresponds to average flow rate (Qtb) from three consecutive years and over; Volume (V) of the lakes correspond to total volume: useful capacity and dead capacity. As for rivers, streams and lakes not defined in the aforesaid table but having data about flow rate/average volume Qtb from three consecutive years and over (the data approved by competent agencies) and use purpose, zoning shall be instructed in this Decision. In case data about flow rate/volume of small rivers, streams, and lakes are not available, coefficients Kq = 0.9 and Kq = 0.6 can be applied (corresponding to small rivers, streams) and (corresponding to small lakes) respectively.

4. Column A is construed as the most demanding principle in terms of factors and concentrations of pollutants in wastewater before it is discharged to the environment. Column A in the table of environmental zoning for rivers and streams and the table of environmental zoning for lakes as mentioned above shall be applied corresponding to Column A in QCVN 24:2009/BTNMT (enclosed with the Circular No. 25/2009/TT-BTNMT dated November 16, 2009 of the Ministry of Natural Resources and Environment) and National technical regulations and standards on wastewater. National technical regulations and standards on wastewater that have a different way of expression in Column A shall be construed according to the above principle and Column A shall be applied in the following case:

- Wastewater discharged to water sources used as tap water or for other purposes with quality of water similar to columns A1 and A2 in Table 1 of QCVN 08:2008/BTNMT.

And Column A shall be applied in the following cases:

- Receiving waters are rivers, streams and lakes used for tap water purpose or can be processed into clean water economically.

- Receiving waters are rivers, streams used not for tap water purpose but on a section of river or stream used for water sports and entertainment purpose under an investment project, or planned for aquaculture as approved by competent authorities.

- Receiving waters are lakes used only for water sports and entertainment purpose or for aquaculture as approved by competent authorities.

- Receiving waters are existing rivers, streams and lakes used not for tap water purpose but approved by competent state agencies to be used as a source of tap water or for water sports and entertainment purpose, or used under the planning of aquaculture during the socio-economic development process.

- Last receiving waters (from other receiving waters as rivers, streams, ditches, lakes) are determined as Tri An Lake, Dong Nai River (the section from Cat Tien National Garden to Ba Xe Island (500 meters lowstream of its confluence) Column A shall be applied to the section from Ba Xe Island (500 meters lowstream of its confluence) to the confluence of Dong Nai River and Ba Cheo Stream (500 meters lowstream of the confluence) since January 01, 2016 and to the section from the confluence of Ba Cheo and Dong Nai River toward lower course of Dong Nai River (500 meters away from the lower course of Dong Nai River) since January 01, 2020.

- Rivers, streams and lakes that belong to Dong Nai Province and flow rate through its neighboring provinces are used for tap water purpose.

5. Apply column B in the table of environmental zoning for rivers, streams, table of environmental zoning for lakes and other receiving waters not defined in Column A as prescribed in Point 4 of this Decision.

6. Coefficients Kf, Kq and maximum permissible limits of pollution factors contained in wastewater (Cmax) are regulated in National technical regulations and standards on environment promulgated by competent state agencies;

7. Determination and calculation of sources of wastewater can be done through the following matters:

- Information about machinery, equipment technology and production technology;

- Total consumed water;

- Number of sources of industrial emissions;

- Factors of sources of wastewater;

- Measurement of flow rate of discharge sources;

- Waste audits. /.

APPENDIX 2

REGULATIONS ON ZONING OF AIR ENVIRONMENT FOR RECEPTION OF INDUSTRIAL EMISSION SOURCES (Enclosed with the Decision No. 16/2010/QĐ-UBND dated March 19, 2010 of the People’s Committee of Dong Nai Province)

1. Zoning of air environment consists of four regions as follows:

1.1. Region 1: Apply coefficient KV = 0.6, including:

a) Cat Tien National Park; Vinh Cuu Natural Reserves; ranked specialized forests, natural heritages, historical and cultural remains where:

- Specialized forests determined under the Law on Forest Protection and Development dated December 03, 2004 including National Garden; landscape protection zone; forests for scientific research and experiment.

- Ranked natural heritage, historical and cultural remains comprise natural heritages, historical and cultural remains that are established and ranked under the Decision by UNESCO, the Prime Minister or governing Ministries.

b) Production, trading and service facilities that are less than two kilometers distant from areas as defined in Point a of Region 1;

1.2. Region 2: Apply coefficient KV = 0.8, including:

a) Inner cities and urbans as follows:

- Bien Hoa City;

- Long Khanh Town including: Xuan Trung, Xuan Thanh, Xuan An, Xuan Hoa, Phu Binh, Xuan Binh;

- Long Thanh Town that belongs to Long Thanh District;

- Trang Bom Town that belongs to Trang Bom District;

- Nhon Trach District;

b) Production, trading and service facilities that are less than two kilometers distant from border of the areas as defined in Point a of Region 2;

1.3. Region 3: Apply coefficient KV = 1.0, including:

a) Inner cities and urbans as follows:

- Vinh An Town that belongs to Vinh Cuu District;

- Gia Ray Town that belongs to Xuan Loc District;

- Dinh Quan Town that belongs to Dinh Quan District;

- Tan Phu Town that belongs to Tan Phu District;

b) Outer suburbs, outer areas of urbans defined in Point a of Region 2 that are at least two kilometers distant from border of inner cities, urbans;

c) Industrial zones, industrial complexes that are established and planned under the decision and approval by competent agencies; In case industrial zones, industrial complexes that are situated within Regions 1 and 2, or are less than two kilometers distant from border of Regions 1 and 2, apply coefficient Kv of corresponding regions.

d) Production, trading and service facilities that are less than two kilometers distant from border of the areas as defined in Points a, b and c of Region 3;

1.4. Region 4: Rural, mountainous regions subject to application of coefficient KV = 1.2 including: towns that belong to Long Khanh District, or other towns (except administrative divisions of Regions 1, 2 and 3).

2. In case borderline of production, trading and service facilities is between from two regions and over, and less than two kilometers distant, coefficients KV 0.6, 0.8, 1.0 and 1.2 are applied corresponding to regions 1, 2, 3, 4, 5.

3. Coefficients Kp, Kv and calculation of maximum permissible concentrations of pollutants contained in industrial emissions are determined under the Decision No. 22/2006/QĐ-BTNMT dated December 18, 2006 of the Minister of Natural Resources and Environment enforcing application of Vietnam’s standards on environment, National technical regulations and standards on environment issued by competent state agencies;

4. Determination and calculation of flow rates of sources of emissions can be done as follows:

- Number of sources of emissions;

- Information about machinery, equipment technology and production technology;

- Types, quantity and quality of consumed fuel;

- Factors of sources of emissions;

- Measurement of flow rate of emission sources;

- Waste audits. /.