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Measures on the Management of Certificates for Environmental Engineering Design
source: Redistributed 1995-08-01 Font Size:[ S M L ] [Print] [Close]

Decree of the National Environmental Protection Agency No. 15

Measures for the Management of Certificates for Environmental Engineering Design was adopted at the executive meeting of the National Environmental Protection Agency on December 22, 1994 and is hereby promulgated and effective of as August 1, 1995.

Minister Xie Zhenhua

National Environmental Protection Agency

February 6, 1995

Chapter I General Provisions

Article 1 These Measures are formulated for the purpose of strengthening the management of the engineering designs for the prevention and control of environmental pollution (hereinafter referred to as the "environmental engineering"), raising the benefits of investment for environmental protection and improving the environmental quality.

Article 2 The environmental engineering designs mentioned in the Measures include:

(1) Technological designs for the engineering projects of the prevention and control of environmental pollution, such as waste water, waste gas, solid waste, noise, electromagnetic and radioactive engineering projects, designs for non-standard equipment and designs for corresponding support buildings and structures;

(2) Engineering designs of waste material resources; and

(3) Environmental and ecological engineering designs.

Article 3 Units that are engaged in environmental engineering design within the territory of the People's Republic of China must hold an Environmental Engineering Design Certificate (hereinafter referred to as the "Design Certificate") and are not allowed to engage in any environmental engineering designs without the Design Certificate. 

Article 4 The Design Certificates consist of Class A, Class B and Class C.

Where a unit that holds a Class A Design Certificate, it may undertake the environmental engineering design projects throughout the country in accordance with the business scope as stipulated in the Design Certificate.

Where a unit that holds a Class B Design Certificate, it may undertake corresponding environmental engineering design projects throughout the country in accordance with the professional scope and the engineering limitation as specified in the Design Certificate. Where a unit that holds a Class C Design Certificate, it may undertake corresponding environmental engineering design projects in its province, autonomous region and municipality directly under the Central Government in accordance with the professional scope and engineering limitation as defined in the Design Certificate.

Article 5 The professional scope of the Design Certificate is classified in line with the prevention and control of environmental pollution of waste water, waste gas, solid waste, noise, electromagnetism and radioactivity, resources of the waste materials and ecological protection.

Article 6 The classification standard and the limitation standard for the Design Certificate are applicable to the provisions of "Gradation of the Design Certificates for Environmental Engineering and Rules for Trade Classification", the appendix of the Measures.

Article 7 The Design Certificates shall be examined, issued, supervised and managed by the National Environmental Protection Agency and the competent departments of environmental protection administrations in various provinces, autonomous regions and municipalities directly under the Central Government in line with their own respective duties.

Chapter II Conditions and Procedures for Applying for and Getting the Design Certificate 

Article 8 Any unit that applies for and gets a Design Certificate must satisfy the following requirements:

(1) Documents for the establishment of the unit shall comply with the provisions of the State and shall be approved in accordance with legal procedures. The unit shall have the independent qualification of a legal person;

(2) It shall have a stable organization and a fixed place for the office, design and experiment; and

(3) It shall meet the requirements for the class and business scope of the Design Certificate as applied for.

Article 9 The following procedures are applicable to those who apply for Class A and Class B Design Certificates:

(1) The application units shall file a written application to the National Environmental Protection Agency, get an Application Form of the Design Certificate for Environmental Engineering with triplicate copies and fill in it as required;

(2) If the application unit is a unit directly under the department of the State Council, it shall fill in the Application Form of the Design Certificate for Environmental Engineering, submit it to the competent department for its comments and then submit it to the National Environmental Protection Agency for its examination and verification; other units shall fill in the Application Form of the Design Certificate for Environmental Engineering, submit it to the competent departments of environmental protection administrations of the People's governments in the province, autonomous region and municipality directly under the Central Government for its comments and then submit it to the National Environmental Protection Agency for its examination and verification;

(3) After the examination and verification by the National Environmental Protection Agency, those who meet the requirements shall be granted the Class A or Class B Design Certificate. If those who failed to meet the requirements, their applications shall be rejected, but reasons of the rejection shall be given.

Article 10 The following procedures shall be applicable to those who apply for the Class C Design Certificate:

(1) The application unit shall file a written application to the competent department of the environmental protection administration of the People's government in the province, autonomous region and municipality directly under the Central Government, get an Application Form of the Design Certificate for Environmental Engineering with triplicate copies and fill in it as required;

(2) The application unit shall submit the Application Form of the Design Certificate for Environmental Engineering, which has been filled in to the relevant authorities and the competent department of the environmental protection administration of the People's government at the municipal level for their comments and then submit it to the competent department of the environmental protection administration of the People's government in the province, autonomous region and municipality directly under the Central Government for its examination and verification;

(3) After the examination by the competent department of the environmental protection administration of the People's government in the province, autonomous region and municipality, those who meet the requirements shall be granted the Class C Design Certificate and submitted to the National Environmental Protection Agency for the record. If those who failed to meet the requirements, their applications shall be rejected, but reasons of rejection shall be given.

Article 11 Prior to the implementation of the Measures, if a unit that has obtained a design certificate for projects of it trade, it shall be regarded as a unit that has the qualification of possessing the Design Certificate for environmental engineering of it trade when undertaking a design project for environmental engineering of its trade and it needs not to apply for any Design Certificate for environmental engineering anymore; however, if the unit shall undertake the design work for an environmental engineering project which goes beyond  the scope of its trade or the graded class as defined in the Design Certificate that is held by it. In this case, the unit must file an application to the competent department of the environmental protection administration for the Design Certificate for environmental engineering in accordance with the provisions specified in Articles 9 and 10 of the Measures. 

Chapter III Management and Supervision

Article 12 Any units for environmental engineering design shall only undertake the design tasks for environmental engineering within the class, business scope and engineering limitation as defined in the Design Certificate for environmental engineering that they have got.

No design work shall be undertaken by those units that have not got the Design Certificate for environmental engineering. The competent department of environmental protection shall not approve any acceptance reports on the environmental engineering projects which are designed by the units that have not got the Design Certificate for environmental engineering in the completion acceptance of the projects.

Any unit that holds the Design Certificate for environmental engineering is not allowed to undertake any design works for environmental engineering projects which go beyond the class, business scope and the engineering limitation as defined in the certificate.

Article 13 While undertaking the design work for environmental engineering projects, the design units must submit the Design Certificate for environmental engineering that are in their hands to the owner of the project for its examination and submit duplicate of the Design Certificate to the corresponding competent department of the environmental protection administration for the record in line with the size of investment of the project.

Article 14 After the completion of the design work, the design drawings, as built drawings to be provided as major technical documents by the design unit shall be submitted together with the duplicate of the Design Certificate to the competent department of the environmental protection administration for examination and verification.

Article 15 Every unit that holds the Design Certificate may jointly undertake the design work for environmental engineering projects.

If the class of the Design Certificate of each joint unit differs, the class of the Design Certificate of the unit that undertakes the main design work shall prevail, and the unit that holds the highest class of the Design Certificate shall be responsible for the design work for the project.

Article 16 Units that hold different classes of the Design Certificate shall collect different design fee.

The standard for the design fee shall be stipulated separately.

Article 17 If there is a bigger change in the organization, personnel, assets and technology of a unit that hold the Design Certificate, it shall report to the institution that issues Design Certificate on time and go through the corresponding formalities for the alteration.

Article 18 The National Environmental Protection Agency shall make an overall inspection for the issuance and use of the Design Certificate once per three years and may irregularly conduct a selective examination. The main contents of the inspection and selective examination are as follows:

(1) Changes of the qualification factors of the unit that holds the Design Certificate;

(2) Performance of contracts;

(3) Projects being undertook;

(4) Observance of the Measures and relevant rules and regulations.

The competent department of the environmental protection administration that verifies and issues the Design Certificate shall be responsible for the inspection and selective examination.

Chapter IV Provisions on Penalties

Article 19 If any major quality problems, serious environmental pollution and economic losses of the project caused by the design deficiency of the unit that holds the Design Certificate, the certificate issuing institution shall withdraw the Design Certificate and impose a penalty in accordance with the provisions of relevant laws and regulations.

Article 20 If any staff members of the certificate issuing institution who in charge of the verification and issuing of the certificate, abuse their power ignore their duty, practice favoritism for personal interests, the unit where they work or the competent department of the higher level shall impose an administrative sanction on them. If the case is serious, they shall be investigated for criminal responsibility.

Article 21 If the unit that holds the Design Certificate is found to be in any of the following circumstances, the competent department of the environmental protection administration shall circulate a notice of criticism or order it to stop using the Design Certificate in line with the seriousness of the case; if the case is serious, the certificate issuing institution shall degrade the class of the Design Certificate or withdraw the Design Certificate:

(1) Those who resort to deceit and gain the Design Certificate by cheating;

(2) It is verified that there are acts of transferring the Design Certificate or transferring the Design Certificate in disguised form;

(3) Those who undertake the design work for environmental engineering projects that go beyond the class, business scope and the engineering limitation as specified in the Design Certificate;

(4) The quality of the completed design for environmental engineering projects is poor and fails to be up to the relevant provisions and standards of the State;

(5) Its qualification has been greatly changed and failed to be in accord with the class and professional scope as defined in the Design Certificate, and failed to submit the report as required in time;

(6) Refusing to be inspected. 

Chapter V Supplementary Provisions

Article 22 If any design units of the army shall undertake the local environmental engineering design projects, they shall implement the Measures. 

Article 23 If an overseas design unit participates in the undertaking of any design work for domestic environmental engineering, design qualifications shall be confirmed by the National Environmental Protection Agency.

Article 24 The Design Certificate shall be printed together with the Application Form of the Design Certificate for Environmental Engineering by the National Environmental Protection Agency.

Article 25 These Measures shall go into effect as of August 1, 1995.

Appendix: Gradation of the Design Certificates for Environmental Engineering and the Rules on Trade Classification

1. The design certificates for environmental engineering include comprehensive certificates and special certificates in line with the projects to be designed.

(1) The special certificates include disciplines of waste water, waste gas, solid waste, noise, electromagnetism, radioactivity and ecological engineering.

(2) The comprehensive certificates include all the above disciplines.

2. The design qualifications of pressure vessels in the environmental engineering design shall follow the provisions of the Ministry of Labor.

3. The Rules do not include the design for the treatment of radioactive waste.

4. Standards for the Gradation of Design Qualifications:

(1) If a design unit holds a Class A Design Certificate, there shall be no limits for it in the regions of and investment limitation for the design work of environmental engineering projects that are undertaken by it.

(2) If a design unit holds a Class B Design Certificate, it may undertake the design work for the following environmental engineering projects with a total investment of less than 5 million yuan each:

a) Projects of waste water treatment 

The amount of industrial waste water to be treated shall not exceed 3,000 tons/day and the COD shall not exceed 3 tons/day.

b) Projects of waste gas treatment

(i) The amount of industrial tail gas shall not exceed 60000 cubic meters/hour;

(ii) The smoke elimination and dust removal facilities for a single furnace with a capacity of not more than 60 tons/hour and ordinary industrial furnaces.

c) Projects of solid waste disposal

Other solid waste disposal projects other than toxic and harmful solid waste disposal projects.

d) Projects of noise control

(3) If a design unit holds a Class C Design Certificate, it may undertake the design work for the following environmental engineering projects with a total investment of less than one million yuan each:

a) Projects of waste water treatment 

The amount of industrial waste water to be treated shall not exceed 500 tons/day and the COD shall not exceed 0.5 ton/day.

b) Projects of waste gas treatment

(i) Waste gas treatment installations with an amount of industrial tail gas not more than 15,000 cubic meters/hour;

(ii) The smoke elimination and dust removal installations for a single furnace with a capacity of not more than 20 tons/hour and small-sized furnaces.

c) Projects of solid waste disposal 

Other small solid waste disposal projects other than toxic and harmful solid waste disposal projects.

d) Projects of noise control

Industrial workshops and other noise control projects may be designed.

5. Any design units that apply for Class A Design Certificates for the environmental engineering shall meet the following requirements:

(1) A comprehensive design unit

a) It shall have the ability to make research and develop new techniques; the ability to simultaneously undertake the design work for two large  environmental engineering projects; and shall have the experiences of making design for two large environmental engineering projects independently and the projects have been put into normal operation with good benefit and social reputation;

b) There shall be at least five fixed and full-time designers for each main discipline and for the major supporting disciplines, there shall be at least three technical personnel who have the education background of college and with the experiences of the design work for more than two projects which shall be larger scale and more complex in technique than that of Class B, or scientific research personnel who have achieved scientific and technical achievements in the scientific research work of their discipline (i.e. they were awarded prizes above provincial and ministerial level)and two of them shall be senior engineers;  if the project is a large structural building, the main disciplines shall include the structural engineering so as to guarantee the safety of the project;

c) The full-time designers shall be in proper proportions and 80 percent of the designers shall have the educational background of colleges. The total number of personnel shall be more than 60 and among them senior engineers shall be not less than ten;

d) There shall be a well-equipped laboratory for experiment and test;

e) It shall have the special technical skills of the trade and the ability to develop softwares, and produce advanced design with the CAD software;

f) It shall have the ability to import and absorb high-tech of environmental engineering from abroad and to conduct international technical cooperation and exchanges;

g) It shall have a perfect system for technical management and quality control.

(2) A specialized design unit

The technical requirements for a specialized design unit shall be identical with that of a comprehensive design unit.

6. Any design unit that applies for a Class B Design Certificate for environmental engineering shall satisfy the following technical requirements:

(1) A comprehensive design unit

a)  It shall have the ability to simultaneously undertake design work for two medium-sized environmental engineering projects; it shall have the experiences of making design for two medium-sized environmental engineering projects independently and the projects have been put into normal operation with good benefit and social reputation;

b)  There shall be at least three fixed and full-time designers for each main discipline and for the major supporting disciplines, there shall be at least two technical personnel who have the education background of colleges and have the experiences of making design for at least two engineering projects which are similar to that of Class B, or scientific research personnel who have achieved scientific and technical achievements in their research work (i.e. their achievements have been technically appraised at the provincial and ministerial level)and one of them shall be a senior engineer; if the project is a large and medium-sized structural building, the main disciplines shall include the structural engineering so as to guarantee the safety of the project;

c) The total number of personnel shall be 40 and among them senior engineers shall be not less than five;

d) It shall have the experimental and chemical examination conditions;

e) It shall have a perfect system for technical management and quality control.

(2) A specialized design unit

The technical requirements for a specialized design unit shall be identical with that of a comprehensive design unit.

7. Any design units that apply for Class C Design Certificates for environmental engineering shall satisfy the following requirements:

(1) It shall have the ability to undertake the design work for small-sized environmental engineering projects; it shall have the experiences of making design for two small environmental engineering projects independently and the projects have been put into normal operation with good benefit and social reputation;

(2) There shall be at least two fixed and full-time personnel for each main discipline and for the major supporting discipline, there shall be one technical backbone who has the education background of a college and once has been responsible for the design work for Class C engineering projects;

(3) The total number of personnel shall be 20 and among them, two shall be senior engineers and at least five shall be engineers;

(4) It shall have a laboratory which is corresponding to its design qualifications;

(5) It shall have a perfect system for technical management and quality control.

8. Classification of environmental engineering disciplines

(1) Waste water treatment projects

a) Textile industry

Waste water from printing and dyeing, scouring and chemical fiber

b) Chemical industry (including petrochemical)

Organic waste water, inorganic waste water, acid waste water, oily waste water, cyanide wastewater, and other waste water

c) Electrical power industry

Waste water from thermal power plants (high temperature water, ash washing waste water)

d) Food industry and light industry

Waste water from food processing and tan processing, brew, and other wastewater

e) Papermaking industry

Black liquor, white water

f) Mining industry (including coal)

Wastewater from floatation and extraction

h) Constructional material industry

i) Machinery industry

Oily waste water, waste water from emulsion, electroplating, electrophoreses, acid pickling and alkaline waste water

j) Metallurgical industry

k) Pharmaceutical industry

Waste water from biological pharmaceutical processing, organic waste water, inorganic waste water

l) Waste water from hospital

m) Domestic sewage and other waste water

(2) Waste gas treatment projects

a) Smoke dust

b) Flue sulfur dioxide

c) Sulphur-containing tail gas

Carbon disulfide, mercaptan, sulfide, hydrogen sulphide and sulphuric-acid fog

d) Fluorine-containing tail gas

e) Tail gas with nitrogen oxide

f) Chlorine

Chlorine, hydrogen chloride, acid fog

g) Metal-containing tail gas (including oxide)

Lead, mercury, beryllium and others

h) Dust from construction material

Dust from cement and refractory material

i) Organic waste gas (including offensive smell)

(3) Disposal engineering of solid waste

a) Toxic and harmful solid waste

b) Solid waste other than toxic and harmful solid waste

(4) Noise control