From January 1 this year, the new Environmental Protection Law, known as the "Strictest Environmental Protection Law in History," was implemented. The five rules announced by the Ministry of Environmental Protection include: the "Administrative Measures for Continuously Punishment by Day", "Measures for Enforcing Sealing and Seizure", "Measures for Implementing Restriction of Production and Restraint Measures," and "Opening Measures for Environmental Information of Enterprises and Institutions" by the competent department of environmental protection. "Accidental Environmental Incident Investigation and Treatment Measures."
According to the "Continued Punishment Measures for Continuously Conducted on Every Day" regulation, a person who discharges pollutants has one of five types of behaviors, is punished by a fine, and he is ordered to make corrections. If he refuses to make corrections, the competent department of environmental protection that makes a fine in accordance with the law may impose continuous punishments on a daily basis.
These five kinds of behaviors include those that exceed the national or local regulations for pollutant discharge, or those that exceed the control standards for total pollutant discharge; through dark pipes, infiltration wells, seepage pits, perfusion or falsification, and forged monitoring data, or Those that do not normally operate such as pollution prevention facilities that evade supervision, discharge pollutants, discharge pollutants that are prohibited by laws and regulations, illegal dumping of hazardous wastes, and other illegal discharge of pollutants.
The "Practice for Continuously Punishment on a Day-by-Day basis" clarifies that if a pollutant discharge person has one of the following circumstances, he is determined to refuse to make corrections: after the decision on ordering rectification of the illegal act has been served, the environmental protection department rechecks and discovers that the illegal discharge of pollutants continues; Refusal to obstruct the environmental protection authorities in the implementation of the review.
According to the "Measures for the Implementation of Sealing up and Seizure", if there are any of the six situations in which polluters are involved, the competent department of environmental protection shall enforce the seizure and detainment according to law.
These six types of behavior include the illegal discharge, dumping or disposal of wastes containing infectious pathogens, hazardous wastes, heavy metal-containing pollutants or persistent organic pollutants, or other harmful substances; The core area of ​​the nature reserve violates laws and regulations to discharge, dump, and dispose of pollutants; in violation of laws and regulations, it discharges or dumps industrial sludge such as chemical, pharmaceutical, petrochemical, printing, electroplating, papermaking, leather making, etc.; Wells, seepage pits, infusions or falsifications, falsification of monitoring data, or improper operation of pollution control facilities, etc., evade supervision in violation of laws and regulations to discharge pollutants; after major, major, and particularly serious environmental emergencies, they are not Requests for the implementation of production stoppages, stoppages and discharges, continued violations of laws and regulations for the discharge of pollutants, and other illegal discharges that cause or may cause serious pollution as required by laws and regulations.
For the custodial expenses of facilities and equipment during the seizure period, the “Measures for Seizure and Seizure Implementation†shall be stipulated by the competent department of environmental protection, and the funds required for seizure and seizure by the competent department of environmental protection shall be included in the budget for administrative expenses of the same institution. The level of financial protection.
Before the introduction of the new environmental protection law, the environmental protection department has no right to decide to impose restrictions on the production and business suspension of illegal polluting enterprises. It can only be submitted to local governments for approval. The Implementation Measures for Restricting Production and Repealing Production Regulations stipulates that if the pollutant discharge exceeds the pollutant discharge standard or exceeds the daily maximum allowable emission total amount control index for key pollutants, the competent department of environmental protection may order it to adopt restrictive production measures.
In accordance with the “Regulations on Restricting Production and Restricting Production Regulations,†the former media reported that effluent enterprises passed through dark pipe, infiltration wells, seepage pits, infusions or falsifications, forged monitoring data, or abnormally operated pollution control facilities, etc. Emissions of pollutants that exceed pollutant discharge standards; illegal discharges of heavy metals, persistent organic pollutants, etc. which seriously harm the environment and damage human health exceeds the emission standards of pollutants by more than three times, will be limited by environmental protection agencies. Discontinued production penalty.
The Measures for the Openness of Environmental Information of Enterprises and Institutions stipulates that enterprises and institutions shall disclose their environmental information in a timely and truthful manner in accordance with the principles of mandatory disclosure and voluntary disclosure.
The Measures stipulates that key pollutant discharge entities shall disclose basic information of enterprises, discharge of pollution information, construction and operation of pollution prevention and control facilities, environmental impact assessment of construction projects and other environmental protection administrative licenses, emergency environmental emergency response plans, etc., or they will A fine of less than 10,000 yuan shall be imposed and an announcement shall be made.
The Measures for the Investigation and Treatment of Emerging Environmental Incidents stipulates that, in areas where continuous environmental incidents occur consecutively or where serious environmental incidents cause serious consequences, the competent department of environmental protection may interview the main leaders of lower-level local people's governments. At the same time, the competent department of environmental protection shall record the environmental violation information of the entity that has caused the environmental incident to the social integrity file and make it known to the public in a timely manner.
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