Quyết định 43/2011/QD-UBND

DECISION

REGULATIONS ON ZONING FOR EXHAUST EMISSION AND WASTEWATER DISCHARGE ACCORDING TO NATIONAL TECHNICAL REGULATION ON ENVIRONMENT IN THE AREA OF BA RIA-VUNG TAU PROVINCE

THE PEOPLE’S COMMITTEE OF BA RIA-VUNG TAU 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 Promulgation of Legislative Document of the People’s Councils, People’s Committees dated December 03, 2004;

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

Pursuant to the Circular No. 25/2009/TT-BTNMT dated November 16, 2009 of the Ministry of Natural Resources and Environment regulating National technical regulation on the environment;

Implementing the Resolution No. 06-NQ/TU dated June 23, 2008 of the provincial standing committee of the Communist Party on environment in the area of Ba Ria-Vung Tau Province;

Implementing the Resolution No. 07-NQ/TU dated June 26, 2008 of the provincial standing committee of the Communist Party on industrial development in the area of Ba Ria-Vung Tau Province;

At the request of director of the Service of Natural Resources and Environment in the Statement No. 1369/TTr-STNMT dated August 05, 2011 requesting the promulgation of regulations on zoning for exhaust emission and wastewater discharge according to National technical regulation on environment in the area of Ba Ria-Vung Tau Province;

HEREBY DECIDE:

Article 1. Enclosed herewith are the regulations on zoning for exhaust emission and wastewater discharge according to National technical regulation on environment in the area of Ba Ria-Vung Tau Province (including three chapters, six articles and six appendices); Map of industrial wastewater discharge zoning in the area of Ba Ria – Vung Tau Province; Map of industrial emission zoning in the area of Ba Ria – Vung Tau Province

Article 2. This decision takes effect after ten days since the signing date and replaces the Decision No. 3528/2005/QĐ-UBND dated October 03, 2005 of the provincial People’s committee promulgating regulations on wastewater discharge, water zones and exhaust emission zoning to apply Vietnam’s Standards on environment (TCVN 2000, 2001) in the area of Ba Ria – Vung Tau Province.

Article 3. Regulations on zoning for exhaust emission and wastewater discharge according to National technical regulation on environment in the area of Ba Ria – Vung Tau Province are revised, supplemented to meet socio-economic development process in the administrative division or changed when competent authorities promulgate decision on replacements, amendments and supplements to National technical regulation on environment

Article 4. Director of the Service of Natural Resources and Environment is assigned to organize the implementation of this Decision and make regular reports to the People's committee of the province In case any difficulty arises during the implementation of this Decision, the Service of Natural Resources and Environment shall preside over and cooperate with departments, agencies, People’s committees of districts, communes, cities and relevant units in providing advice and making submission to the People’s committee of the province for consideration, revision and supplements as appropriate.

Article 5. Chief officers, People’s committees of provinces; directors of the Services of Natural Resources and Environment, Construction, Agriculture and Rural Development, Culture – Sports and Tourism, and Health; heads of management boards of industrial zones; presidents of People’s committees of Ba Ria—Vung Tau District, Vung Tau City; heads of relevant units, organizations and individuals shall be responsible for executing this Decision./.

PROVISIONS

EXHAUST EMISSION AND WASTEWATER DISCHARGE ZONING ACCORDING TO NATIONAL TECHNICAL REGULATION ON ENVIRONMENT IN THE AREA OF BA RIA-VUNG TAU PROVINCE (Enclosed with the Decision No. 43/2011/QĐ-UBND dated August 23, 2011 of the People’s Committee of Ba Ria - Vung Tau Province)

Chapter I

GENERAL PROVISIONS

Article 1. Scope and regulated entities

- Regulations on zoning for exhaust emission and wastewater discharge in the area of Ba Ria-Vung Tau Province are promulgated in order to provide guidance on the application of Vietnam’s Standards QCVN 24:2009/BTNMT - National technical regulation on industrial wastewater for determining maximum permissible limits of pollution factors contained in industrial wastewater when being discharged to the receiving waters, and QCVN 19:2009/BTNMT - National technical regulation on industrial emission for dust and inorganic substances for determining maximum permissible limits of dust and inorganic substances into the environment;

- These regulations apply to organizations, individuals involved in activities of discharging industrial wastewater into receiving waters and exhaust containing dust and inorganic substances into the air environment in the area of Ba Ria – Vung Tau Province.

- As for wastewater and exhaust with peculiar characteristics by area and industry of a number of productions, trading and service activities with separate regulations, such regulations shall be applied in combination with this Decision.

Article 2. Interpretation of terms and symbols

In this Decision, some terms and symbols shall be construed as follows:

1. Source of discharge: production facilities, industrial zones...that generate wastewater or exhaust.

2. Q: Flow rate of rivers, streams, canals, ditches as receiving waters;

3. V: Volume of basins as receiving waters

4. P: Flow rate of exhaust

5. P: Flow rate of wastewater

6. C: Value of pollution factors as defined in QCVN 19:2009/BTNMT, QCVN 24:2009/BTNMT;

7. C_max: Maximum permissible limits of pollution factors of industrial wastewater or maximum permissible concentration of dust and inorganic substances contained in industrial emission.

8. K_f: Coefficients according to flow rate of wastewater, where:

- K_f1 = 1.2 if F ≤ 50 m³/day night

- K_f2 = 1.1 if 50 < F ≤ 500 m³/day night

- K_f3 = 1.1 if 500 < F ≤ 5,000 m3/day night

- K_f4 = 0.9 if F > 5,000 m^3/day night

- K_{f (1,2,3,4)}: Value corresponding to one of the cases K_f1, K_f2, K_f3,K_f4

9. K_p: Coefficient according to flow of exhaust, where:

- K_f1 = 1.0 if P ≤ 20,000 m³/hour

- K_f2 = 0.9 if 20.000 < P ≤ 100,000 m3/hour

- K_f3 = 0.8 if P > 100,000 m³/hour

- K_p(1,2,3): Value corresponding to one of the cases K_p1, K_p2, Kp3

10. K_qs: Coefficient according to flow rate of rivers, streams, canals, ditches that receive wastewater, where:

- K_qs = 0.9 if Q ≤ 50 m³/s

- K_qs = 1.0 if 50 < Q ≤ 200 m³/s.

- K_qs = 1.1 if 200 < Q ≤ 1,000 m³/s.

- K_qs = 1.2 if Q > 1.000 m³/s

11. K_qh: Coefficient according to volume of wastewater receiving basin, where:

- Kqh = 0.6 if V ≤ 10x10⁶ m³

- K_qh = 0.8 if 10x10⁶ m³ < V ≤ 100x10⁶ m³

- K_qh = 1.0 if V > 10x10⁶ m³

12. K_v: Coefficient of region where production, processing, trading and service facilities are located, where:

- Region 1 (Specialized forests, ranked historical and cultural remains; distance between production, processing, trading and service facilities and borderline of these areas are less than two kilometers): Coefficient K_v = 0.6 is applied.

- Region 2 (Inner cities, urbans types II, III, IV; distance between production, processing, trading and service facilities and borderline of these areas are less than two kilometers): Coefficient K_v = 0.8 is applied.

- Region 3 (Industrial zones, urbans type V; suburban zones types II, III, IV that are at least two kilometers away from borderline of inner cities, urbans; distance between production, processing, trading and service facilities and borderline of these areas are less than two kilometers): Coefficient K_v = 1.0 is applied.

- Region 4 (Rural area): K_v = 1.2 is applied.

- Region 4 (Rural area): Coefficient K_v = 1.2 is applied.

Chapter II

REGULATIONS ON DISCHARGE OF WASTEWATER INTO RECEIVING WATERS WITHIN THE AREA OF BA RIA – VUNG TAU PROVINCE

Article 3. Regulations on discharge of wastewater into receiving waters as surface water

- Discharge of wastewater into the rivers such as Thi Vai river, Dinh river, Ray river, Bang Chua- Du Du river, other rivers, streams and ditches and into receiving waters as basins shall be detailed in the Appendix enclosed herewith.

- As for rivers, streams and lakes that are not zoned as above but have data about flow value or volume and purpose of using water source, QCVN 24:2009/BTNMT shall be applied corresponding to the provisions set out in the Circular No. 25/2009/TT-BTNMT dated November 16, 2009 of the Ministry of Natural Resources and Environment regulating National technical regulation on environment.  In case data about flow/volume of small rivers, streams, lakes are not available, coefficients K_qs=0.9 (corresponding to small rivers, streams) and K_qh = 0.6 (corresponding to small lakes) can be applied.

Article 4. Regulations on wastewater generated from coastal production, trading and service activities

- All the coastal areas of Ba Ria – Vung Tau Province to be zoned shall be used for the purposes of aquatic production and water sports and entertainment.

- Wastewater generated from coastal production, trading and service facilities must be collected, processed to meet National technical regulation on environment and discharged to the central collection and drainage system of the area or re-used for operation of the unit without direct discharge to the coastal zones of Ba Ria – Vung Tau province.

- As for facilities that operate before this Decision is promulgated, time limit for execution shall be at least 12 months since the effective date of this Decision.

Article 5. Regulations on industrial production and concentrated cattle-breeding activities at the upper course of water zones used as a supply of tap water

- Wastewater generated from activities of industrial production and concentrated cattle-breeding at the upper course of water zones used as a supply of tap water must be collected, processed to meet National technical regulation on environment as regulated and discharged to the lower course of water zones used for supply of tap water or re-used for facilities’ operations.

- As for facilities that operate before this Decision is promulgated, time limit for execution shall be at least 12 months since the effective date of this Decision.

Chapter 3

EMISSION ZONING IN THE ADMINISTRATION DIVISION OF BA RIA-VUNG TAU PROVINCE

Article 6. Regulations on application of coefficient of region K_v

1. Region 1: Apply coefficient of region K_v= 0.6 including:

- Sanctuaries of Binh Chau – Phuoc Buu, Con Dao National Garden and distances under two kilometers from these areas;

2. Region 2: Apply coefficient of region K_v= 0.8 including:

- Urbans type II: Entire area of Vung Tau City except Long Son Commune and distances under two kilometers from borderline of Vung Tau City;

- Urbans type III: Ba Ria Urban consists of Long Toan, Phuoc Trung, Phuoc Nguyen, Phuoc Hiep, Phuoc Hung, Kim Dinh, Long Huong, Long Tam wards and distances under two kilometers from borderline of Ba Ria Urban;

3. Region 3: Apply coefficient of region K_v= 1 including:

- Industrial zones, industrial complexes within Ba Ria – Vung Tau Province and distances under two kilometers from borderline of these industrial zones and complexes;

- Urbans type V: Phu My Town of Tan Thanh District, Ngai Gia Town of Chau Duc District; Phuoc Buu Town of Xuyen Moc Commune; Long Hai and Long Dien towns of Long Dien District, Dat Do and Phuoc Hai towns of Dat Do Commune and distances under two kilometers from borderline of these towns;

- Long Son Commune, suburban zones of Ba Ria Town: Hoa Long, Long Phuoc, Tan Hung communes and distances under two kilometers from these areas;

4. Region 4: Apply coefficient of region K_v= 1.2 including:

- All the remaining area of Ba Ria-Vung Tau Province

5. In case borderline of production, processing trading and service facilities is in between from two regions and over, coefficient of region K_v  is applied corresponding to coefficient of region 1, 2, 3, 4, 5 respectively.

APPENDIX 1:

REGULATIONS ON DISCHARGE OF WASTEWATER INTO THI VAI RIVER (Enclosed with the Decision No. 43/2011/QĐ-UBND dated August 23, 2011 of the People’s Committee of Ba Ria - Vung Tau Province)

APPENDIX 2:

REGULATIONS ON DISCHARGE OF WASTEWATER INTO DINH RIVER NETWORK (Enclosed with the Decision No. 43/2011/QĐ-UBND dated August 23, 2011 of the People’s Committee of Ba Ria - Vung Tau Province)

APPENDIX 3:

REGULATIONS ON DISCHARGE OF WASTEWATER INTO RAY RIVER NETWORK (Enclosed with the Decision No. 43/2011/QĐ-UBND dated August 23, 2011 of the People’s Committee of Ba Ria - Vung Tau Province)

APPENDIX 4:

REGULATIONS ON DISCHARGE OF WASTEWATER INTO BANG CHUA – DU DU RIVER NETWORK (Enclosed with the Decision No. 43/2011/QĐ-UBND dated August 23, 2011 of the People’s Committee of Ba Ria - Vung Tau Province)

APPENDIX 5:

REGULATIONS ON DISCHARGE OF WASTEWATER INTO OTHER RIVERS, STREAMS AND DITCHES (Enclosed with the Decision No. 43/2011/QĐ-UBND dated August 23, 2011 of the People’s Committee of Ba Ria - Vung Tau Province)

APPENDIX 6:

REGULATIONS ON DISCHARGE OF WASTEWATER INTO RECEIVING WATERS AS LAKES (Enclosed with the Decision No. 43/2011/QĐ-UBND dated August 23, 2011 of the People’s Committee of Ba Ria - Vung Tau Province)