Article 129. Procedure for Production Environmental Control

1. Production environmental control shall be performed by a nature user based on the production environmental control programme which is developed by the nature user and approved by the environment protection authority.

2. The production environmental control programme shall establish a mandatory list of parameters that are monitored in the course of production environmental control, criteria to determine its frequency, duration and frequency of measurements, and utilised instrumental or computation methods.

3. Environmental assessment of production process efficiency within the framework of the production environmental control shall be performed on the basis of measurements and/or on the basis of computations of air emission level, hazardous production factors, and actual volume of consumption of natural, energy and other resources.

Article 130. Nature User’s Rights and Obligations during the Conduct of Production Environmental Control

1. During the conduct of production environmental control a nature user has the right to:

1) perform production environmental control to the extent which is minimally required to monitor the compliance with the environmental legislation of the Republic of Kazakhstan;

2) develop a production environmental control programme in accordance with accepted requirements and subject to its own technical and financial capabilities;

3) independently determine organisational structure of the production environmental control service and responsibility of personnel for the conduct of such control; and

4) on a voluntary basis, conduct advanced production environmental control.

2. During production environmental control a nature user must:

1) develop a production environmental control programme and coordinate it with the environment protection authority;

2) implement the terms of the production environmental control programme and document the results;

3) follow procedural requirements and ensure quality of data received;

4) systematically evaluate results of the production environmental control and take necessary measures to correct the inconsistencies with requirements of the environmental legislation of the Republic of Kazakhstan;

5) submit reports on results of the production environmental control to the environment protection authority in accordance with established procedure;

6) immediately report to the environment protection authority facts of violation of the environmental legislation of the Republic of Kazakhstan, which have been found in the course of the production environmental control;

7) comply with safety requirements;

8) ensure access of government environmental inspectors to source information in order to verify quality and objectivity of the production environmental control being conducted;

9) ensure access of the public to programmes of the production environmental control and reporting data on the production environmental control; and

10) upon request of government environmental inspectors, provide documentation, results of analyses and other materials of the production environmental control required to conduct the production environmental control.