Provisions on the Safety Management of Hazardous Goods at Ports （2019 Amendment）

Provisions on the Safety Management of Hazardous Goods at Ports （2019 Amendment） Provisions on the Safety Management of Hazardous Goods at Ports (Adopted at the 14th executive meeting of the Ministry of Transport on August 29, 2017,amended in accordance with the Decision of the Ministry of Transport to Amend the Provisions on the Safety Management of Hazardous Goods at Ports on November 28, 2019) Chapter I General Provisions Article 1 For the purposes of strengthening the safety management of hazardous goods at ports, preventing and reducing accidents of hazardous goods, protecting the safety of people's lives and property, and protecting the environment, these Provisions are developed in accordance with the Law on Ports , the Work Safety Law , the Regulation on the Safety Management of Hazardous Chemicals and other relevant laws and administrative regulations. Article 2 These Provisions shall apply to the new construction, reconstruction and expansion of port construction projects for storage, loading and unloading of hazardous goods, and hazardous goods operations at ports within the territory of the People's Republic of China. For the purpose of the aforesaid paragraph, hazardous goods operations at ports include loading, unloading, lightering and storage of hazardous goods in port areas. Article 3 The safety management of hazardous goods at ports shall be conducted under the principles of safety first, focusing on prevention and comprehensive treatment, and the primary work safety responsibilities of the construction entities of port construction projects for hazardous goods and port operators shall be strengthened and implemented. Article 4 The Ministry of Transport (“MOT”) shall be responsible for the safety industry management of hazardous goods at ports across the country. The competent transport departments of the provinces, autonomous regions and municipalities directly under the Central Government shall be in charge of the safety supervision and management of hazardous goods at ports within their jurisdictions. The port administrative departments at the provincial, municipal and county levels shall be responsible for the specific implementation of the safety supervision and management of hazardous goods at ports. Chapter II Safety Examination of Construction Projects Article 5 For the new construction, reconstruction and expansion of port construction projects for storage, loading and unloading of hazardous goods (hereinafter referred to as the “construction projects of ports with hazardous goods”), the port administrative department shall examine the safety conditions. A construction project of port with hazardous goods failing to pass the examination of safety conditions shall not be commenced. Article 6 The port administrative department at the provincial level shall be responsible for the examination of safety conditions of the following port construction projects: (1) port construction projects involving the storage or loading and unloading of highly toxic chemicals; (2) coastal wharfs with not less than 50,000 tons of hazardous goods, wharfs along the Yangtze River trunk with not less than 3,000 tons of hazardous goods, and wharfs along other inland waters with not less than 1,000 tons of hazardous goods; and (3) hazardous goods storage facilities with total capacity of coastal tank area of not less than 100,000 cubic meters and total capacity of inland water tank area of not less than 5,000 cubic meters. For other construction projects of ports with hazardous goods, the port administrative departments at the districted city level in the place where the projects are located shall be responsible for the examination of safety conditions. Article 7 The construction entity of a construction project of a port with hazardous goods shall, at the feasibility study stage and in accordance with the relevant provisions of the state, entrust a qualified safety evaluation institution to conduct safety evaluation of the construction project and develop a safety pre-evaluation report. A safety pre-evaluation report shall comply with the relevant laws, regulations and rules on work safety, national standards, industrial standards and relevant provisions on port construction. Article 8 For a port construction project involving hazardous chemicals, a construction entity shall also conduct safety conditions demonstration and develop a safety conditions demonstration report. The contents of safety conditions demonstration shall include: (1) the impact of the construction project's inherent dangers and harmful factors on work safety; (2) the mutual influence in safety between the construction project and the surrounding facilities or entities, densely populated areas, sensitive facilities and environmentally sensitive areas; and (3) the impact of natural conditions on the construction project. Article 9 A construction entity shall apply to the port administrative department in the place where the hazardous goods construction project is located for the examination of safety conditions and submit the following materials: (1) the application form for examination of the safety conditions of the construction project; (2) the safety pre-evaluation report on the construction project; (3) the safety condition demonstration report on the construction project (where hazardous chemicals are involved); and (4) the construction project planning and site selection documents required to be obtained according to the law. The port administrative department in the place where it is located shall check whether the documents are complete and notify the applicant of making supplements and corrections where the materials are incomplete. An application with complete materials shall be accepted; and for an application not falling under the scope of the examination power at the corresponding level, the application materials shall be forwarded to the port administrative department with the examination power within 5 days after the acceptance. The forwarding time shall be included in the time limit for examination. Article 10 The port administrative department in charge of the examination of safety conditions shall make an examination decision within 45 days of the acceptance of an application. Under one of the following circumstances, the examination of safety conditions is not passed: (1) A safety pre-evaluation report has a major flaw and missing item, including incomplete or inaccurate identification and evaluation of the major hazardous and harmful factors of the construction project. (2) The countermeasures and suggestions offered in the design of safety facilities in the safety pre-evaluation report do not conform to the relevant laws, regulations and rules on work safety, national standards, or industrial standards. (3) The distance between the construction project and the surrounding places and facilities or the natural conditions of the proposed site does not conform to the relevant laws, regulations and rules on work safety, national standards, or industrial standards. (4) The major technologies and techniques are not determined or do not conform to the relevant laws, regulations and rules on work safety, national standards, or industrial standards. (5) Safety conditions demonstration or safety evaluation is not conducted according to the law. (6) Relevant situation is concealed or false documents and materials are provided. The port administrative department shall, during the process of the examination of safety conditions, examine the application materials and verify the site. If necessary, the relevant experts may be organized to conduct consultation and demonstration. Article 11 The port administrative department shall approve the passing of those conforming to the safety conditions and serve the applicants with examination decisions. Where the examination of safety conditions is not passed, the reasons shall be specified and the applicants shall be notified. A construction entity may, after making rectification, re-apply for examination of safety conditions. Article 12 Where a construction project of port with hazardous goods which has passed the examination of safety conditions falls under one of the following circumstances, the construction entity shall conduct new safety condition demonstration and new safety evaluation under the relevant requirements as specified in these Provisions and reapply for examination of safety conditions: (1) The site of construction is changed. (2) The occurrence of major changes in the surrounding environmental factors of the construction project has led to the increase in the safety risks. (3) The adjustment to the construction project has led to the increase in the safety risk or decrease of the safety performance. (4) Significant change in the plane layout, types of the goods operated, technologies, equipment and facilities and other items has led to the increase in the safety risk or decrease of the safety performance. Article 13 A construction entity shall, at the preliminary design stage of a construction project of port with hazardous goods, entrust a design entity to design the safety facilities in accordance with the relevant provisions of the state. Safety facilities shall be designed to conform to the laws, regulations and rules on work safety and port construction, national standards and industrial standards, and include the following main contents: (1) the analysis on the hazardous and harmful factors involved in the construction project, the degree and the safety of the surrounding environment; (2) the safety facilities and measures adopted, the expected results and the existing problems and recommendations; (3) the explanation for the adoption of the countermeasures and recommendations on the design of safety facilities in the safety pre-evaluation report; and (4) the prevention and emergency rescue measures for possible accidents. Article 14 The port administrative department shall be responsible for the construction projects of ports with hazardous goods preliminarily designed and approved and examine the design of safety facilities in the preliminary design and approval. The port administrative department in charge of the examination of safety conditions shall examine the design of safety facilities for construction projects of ports with hazardous goods other than those prescribed in the preceding paragraph. To apply for the examination of the design of safety facilities, a construction entity shall submit the following materials: (1) an Application Form for the Examination of Design of Safety Facilities; (2) the profile and credit status of the design entity; and (3) the design of the safety facilities. A port administrative department shall, within 20 days of the acceptance of an application, make a decision of examination and notify the applicant; and may extend 10 days and notify the applicant of the reasons for extending the time limit, with the approval of the person in charge of the department, if a decision is unable to be made within 20 days. Article 15 Under one of the following circumstances, the examination of the design of safety facilities is not passed: (1) The qualifications of the design entity do not conform to the relevant provisions. (2) The design is not conducted in accordance with the relevant laws, regulations, rules, national standards, or industrial standards. (3) Sufficient demonstration or explanation is not conducted or made for failure to adopt the safety countermeasures and suggestions in the safety pre-evaluation report. (4) Relevant situation is concealed or false documents and materials are provided. Where the examination of the design of safety facilities is not passed, a construction entity may, after rectification, re-apply for the examination of the design of safety facilities. Article 16 Where the design of safety facilities of a construction project of port with hazardous goods which has passed the examination falls under one of the following circumstances, the construction entity shall report to the original examination department and reapply for the examination of the design of safety facilities: (1) The design of safety facilities is changed, which may lead to the decrease of safety performance. (2) Redesign is conducted during the construction period. Article 17 A construction entity of a construction project of port with hazardous goods shall, during the construction period, organize the implementation of the relevant contents on the design of safety facilities, strengthen the monitoring and management of the construction quality, and create the corresponding accounts. The construction entity shall conduct construction according to the approved design. Article 18 The safety facilities for the construction projects of ports with hazardous goods shall be completed concurrently with the main works and shall be accepted by the construction entity. Before acceptance, a construction entity shall, according to the relevant provisions of the state, entrust a qualified safety evaluation institution to conduct safety acceptance evaluation of the construction project and its safety facilities, and develop a safety acceptance evaluation report. A safety acceptance evaluation report shall conform to the national standards, industrial standards and relevant provisions on port construction. When conducting acceptance of safety facilities, a construction entity shall organize professionals to carry out on-site inspection of the construction project, examine the safety facilities construction report and supervision report, safety acceptance evaluation report and so on, and reach conclusion of whether to pass acceptance or not. The professional competence of the staff members participating in acceptance shall cover all the professional contents involved in the construction project. Where the acceptance of safety facilities is not passed, a construction entity may, after rectification, re-organize acceptance of safety facilities. Article 19 After the acceptance of safety facilities is passed, a construction entity shall archive the documents and materials involved in the acceptance process and conscientiously accept and cooperate with the supervision and verification of the safety facilities acceptance activities and the acceptance results by the work safety supervision and management department under the provisions of the Work Safety Law . Article 20 The safety evaluation activities of the safety evaluation institution shall comply with the relevant laws, regulations, rules, national standards and industrial standards. The port administrative department shall expose the institutions that illegally carry out port safety evaluation and report to the work safety supervision and administration department at the same level. Chapter III Qualifications of Operators Article 21 An operator engaging in hazardous goods operations at ports (hereinafter referred to as the “operator of hazardous goods at ports”) shall, besides meeting the business permit conditions as prescribed in the Provisions on the Administration of Port Operations , meet the following conditions: (1) It shall have set up a work safety management institution or have full-time work safety managers. (2) It shall have sound safety management system, and position safety liability system and operating regulations. (3) It shall have the facilities and equipment for hazardous goods operations at ports as prescribed by the state. (4) It shall have the emergency plans for accidents and emergency facilities and equipment that conform to the relevant provisions of the state and have passed the examination of experts. (5) An operator engaging in hazardous goods operations shall also have loading and unloading managers with professional qualification certificates. Article 22 To apply for the qualifications of an operator of hazardous goods at ports, besides submitting the relevant documents and materials as required in the Provisions on the Administration of Port Operations , an applicant shall also submit the following documents and materials to the port administrative department in the place where it is located: (1) an application form for operations of hazardous goods at ports, including the specific site, operation methods and names of hazardous goods (containers and packed goods shall be specified to “item”) for the hazardous goods operations to be applied for; (2) a list of the emergency facilities and equipment in conformity with the provisions of the state; (3) the professional qualification certificates of the loading and unloading managers (where hazardous chemicals are involved); and (4) the evidentiary materials on safety facilities acceptance (including the safety facilities construction report and supervision report, safety acceptance evaluation report, acceptance conclusions and report on rectification of hidden dangers) for new construction, reconstruction and expansion of port facilities for storage, loading and unloading of hazardous goods; and the safety evaluation report on the status quo, if the existing port facilities are used. Article 23 The port administrative department in the locality shall, within 30 days of the acceptance of an application, make a decision of approval or disapproval. If the conditions of permit are met, a Port Operation License shall be issued and an Annexed Certificate for Hazardous Goods Operations at Ports (see Annex) shall be issued to each place of operations of hazardous goods. A Port Operation License shall specify the name and business address, legal representative or responsible person, operation areas, scope of business permitted, matters in the annexed certificate, date of issuance, validity of license and license number. An Annexed Certificate on Hazardous Goods Operations at Ports shall specify the operator of hazardous goods at ports, operation site, operation methods, name of the hazardous goods under operation (containers and packed goods shall be specified to “item”), issuing authority, issuance date, validity period and certificate number. The port administrative department in the locality shall disclose the relevant information to the public according to the law and notify the maritime safety administration in the locality and the work safety supervision and management department at the same level, the competent department of environmental protection and the public security organ in a timely manner. Article 24 The validity period of a Port Operation License is three years, and the validity period of the Annexed Certificate on Hazardous Goods Operations at Ports shall not exceed the validity period of the Port Operation License. Article 25 An operator of hazardous goods at ports shall, 30 days before the expiration of the validity period of the Port Operation License or the Annexed Certificate on Hazardous Goods Operations at Ports, apply to the issuing organ for undergoing the renewal formalities. To apply for undergoing the renewal formalities for the Port Operation License and Annexed Certificate on Hazardous Goods Operations at Ports, an applicant shall, besides the relevant documents and materials required to be submitted by the Provisions on the Administration of Port Operations , also submit the following materials: (1) other certification materials besides those as prescribed in item (1) of Article 22 of these Provisions; and (2) the safety evaluation report as prescribed in Article 28 of these Provisions and the implementa......