[China Instrument Network Science and Technology] After 30 years of implementation of the “Water Pollution Prevention Lawâ€, especially since 2008, the prevention and control results have been remarkable. However, it goes without saying that some areas in China have poor water environment quality, heavy water ecological damage, and many hidden environmental risks. Problems such as the existence of a large number, there is an urgent need for heavy penalties. We expect that the revision of the “Water Pollution Prevention Law†in 2016 will greatly improve the status quo. Wang Zhujun is a good volunteer to guard our water resources, eliminate the bad environment of black and odor water, start from ourselves, make water clearer, and ecologically more beautiful. With regard to industrial penalties for the administrative punishment of industrial water resources, it is important to understand them.
Water Pollution Prevention and Control Law Common Punishment Types 1. Abnormal Operation Water Pollution Treatment Equipment “Water Pollution Prevention Law†Article 21: Enterprises and institutions that are directly or indirectly discharging pollutants into water bodies and individual industrial and commercial households should follow the State Council. The regulations of the competent department of environmental protection shall apply to the competent department of environmental protection of the local people's government at or above the county level to declare the registered water pollutant discharge facilities, treatment facilities and the type, amount, and concentration of pollutants discharged under normal operating conditions, and provide prevention and control Water pollution related technical data. Where there are major changes in the types, amounts, and concentrations of pollutants emitted by enterprises, institutions, and individual industrial and commercial households, they shall be declared and registered in a timely manner; their water pollutant treatment facilities shall be maintained in normal use; and dismantling or idle water pollutants treatment facilities shall be advanced. The approval shall be submitted to the competent department of environmental protection of the local people's government at or above the county level.
Behavior: All other operating conditions except normal operation are abnormal!
Penalty: ordered to make corrections within a time limit (general environmental protection departments require immediate correction) and concurrently pay a penalty fee of 1 to 3 times.
Say a few words: In practice, companies often hear the defense: “Oh, our workers neglected to forget to drive for an hourâ€, “Oh, our workers forget to add drugs to the equipment (to neutralize pollutants)â€, "Oh, the equipment has recently been broken, and it will be repaired soon." etc. Please note that there are excuses in the eyes of law enforcement officials. As long as there are no well-utilized facilities, it is not normal to run water pollution control facilities!
2. Excessive discharge of water pollutants Article 9 of the "Water Pollution Prevention and Control Law": Discharge of water pollutants shall not exceed the national or local standards for the discharge of water pollutants and the control of the total discharge of key water pollutants. In general: 1, all companies should pay attention to the COD is the chemical oxygen demand of the national standard limit of 100mg / L, roughly means that the water is turbid or not; 2, aquaculture enterprises need to pay attention to the ammonia nitrogen standard limit of 15mg / L, roughly means that the smell does not smell; 3, chemical and chemical companies need to pay attention to the PH value of the national standard limit of 6 to 9, roughly means that the acid or alkali; 4, of course, other need to pay attention, do not enumerate.
Penalty: ordered to make deadlines for governance (ordered closure of overdue orders) concurrently imposed a penalty of 2 to 5 times the amount of sewage charges.
3. Failing to set the sewage outlet according to the provisions of Article 22, Paragraph 1 of the "Water Pollution Prevention and Control Law": Enterprises and institutions and individual industrial and commercial households that discharge pollutants into water bodies shall comply with laws, administrative regulations, and the competent department of environmental protection under the State Council. Provisions shall be made for the establishment of sewage outlets; in the setting of sewage outlets in rivers and lakes, the provisions of the water administrative department of the State Council shall also be complied with.
Behavior: There will be standard discharge outlets in the EIA. All the activities that do not discharge sewage from these standard discharge outlets will be called failing to provide the sewage outlets as required.
Penalty: ordered to dismantle within a time limit (the environmental protection department will generally require immediate dismantling) and impose 2 to 100,000.
Simply put a few words: Failure to set up a sewage outlet is the most common type of punishment. There are basically 5 cases in 10 cases. It is so much for Mao. Personally, first of all it is because it is somewhat biased towards the bottom of the article. , But more importantly, companies use EIA as an approval document instead of a guidance document. If companies can attach importance to EIA, then you will be the current environmental protection king!
4. Privately-owned concealed pipes: Article 22, paragraph 2 of the "Water Pollution Prevention and Control Law" prohibits the privately-designed underground pipes or other forms of evasive supervision from discharging water pollutants.
Behavioural: Irregularly and positively remove sewage from non-standard discharge outlets.
Penalty: ordered to dismantle within a limited period (environmental protection department will generally require immediate demolition) and be punished by 2 to 100,000, and transfer to public security.
Just a few words: Have you found that the practice of setting up a dark pipe is similar to the "Drainage outlet not being set up as required"? That's right, except that the private pipe is needed to be transferred to the public security. A lot of friends may not know how to call and transfer the police. Explain that the meaning of the transfer of public security is the detention center, the detention center, the detention center, and the transfer to the public security department!
5. There is a law that would like to show you Article 63 of the “Environmental Protection Law of the People's Republic of Chinaâ€: Enterprises and institutions and other producers and operators have one of the following acts that do not constitute a crime, except in accordance with relevant laws and regulations. In addition to punishment, the environmental protection authorities or other relevant departments of the people's government at or above the county level shall transfer the case to the public security organ, and the person directly in charge and other persons directly responsible shall be detained for not less than 10 days and not more than 15 days; the circumstances shall be lighter. , for detentions of more than five days and less than ten days:
(1) The construction project has not been evaluated for environmental impact according to law and was ordered to stop construction and refuse to implement it;
(2) Violating the law and failing to obtain a pollutant discharge permit to discharge pollutants, it is ordered to stop the discharge of pollutants and refuse to implement it;
(3) Illegal discharge of pollutants through concealed pipe, seepage wells, seepage pits, perfusion or falsification, falsification of monitoring data, or improper operation of pollution prevention facilities and other means of evading supervision;
(4) Producing and using pesticides that the country has explicitly prohibited the production and use of, has been ordered to make corrections, and has not been corrected.
The above four types all need to be transferred to the public security, and they are not explained.
To apprehend the domineering "revised draft" of the "revision draft" Article 112 [Penalty for non-approved pre-construction]: In violation of the provisions of this Law, a fine of between 100,000 yuan and 1 million yuan shall be imposed and it may be ordered to restore the status quo. .
Article 113 of the "Draft Revision" [Penalty for Exceeding the Regulation and Excessive Total Pollutant Discharge]: In violation of the provisions of this Law ... and imposed a fine of not less than 100,000 yuan but not more than 1 million yuan; the circumstances are serious or have not been corrected within the time limit The people's government that has the approval power is required to approve the suspension and close it.
Article 115 of the "revision draft" [Penalty for illegal discharge of pollutants, etc.]: According to law ... and impose a fine of not less than 100,000 yuan but not more than 1 million yuan; if the circumstances are serious, the pollution permit shall be revoked, or Approved by the People's Government with the power of approval, it was ordered to close down and close down. ...... The environmental protection authorities of the people's governments at or above the county level shall impose a fine of between 10,000 yuan and 100,000 yuan per day and shall be punished continuously from the date of the most recent confirmation by law-enforcement agencies of environmental protection.
Article 118, Paragraph 2 of the "Revision Draft" [Penalty for illegal discharge of sewage outfall]: ...a fine of not less than 100,000 yuan but not more than 500,000 yuan; A fine of not less than 1 million yuan but not more than 1 million yuan; if there is a secret pipe or if there are other serious circumstances, the competent department of environmental protection shall transfer it to the judicial organ for investigation of criminal liability according to law.
>>>> Extended Reading Water Pollution Prevention and Control Law was revised for the first time in eight years On June 12, the Ministry of Environmental Protection issued the Water Pollution Prevention and Control Law (Revised Draft) (Draft for Soliciting Opinions) and the preparation instructions for the water pollution that was implemented eight years ago. The Prevention and Control Law publicly solicited opinions from the society, and the draft established the core of supervision as a permit system for emission.
The preparation instructions show that although China has made some positive progress in the prevention and control of water pollution, some regions still have outstanding problems such as poor water environment quality, heavy water ecology damage, and many hidden environmental problems.
Compared with the existing Water Pollution Prevention and Control Act that began on June 1, 2008, the new law establishes a regulation centered on the permit system for discharge of pollutants, emphasizes improving the quality of water environment through the total control of water pollutants, and improves the quality of water environment. The responsibility for improvement was implemented at all levels of local governments.
The preparation notes released this time show that the main amendments to the new law include the following three aspects:
First of all, the new law will focus on improving the quality of water environment and establish a quality management system for water environment quality. Specifically, China will establish a watershed-ecological function control area-water environment control unit three-level water ecological environment function zoning system, and prepare a special plan for water pollution control in groundwater, key industries or areas. In addition, based on technical and economic assessments and based on the quality of the water environment, local governments may, as appropriate, formulate two types of discharge standards for water pollutants.
Secondly, the new law further perfects the regulatory system for water pollution prevention and control: it promotes a permit system for pollutant discharge and establishes its core status. It also regards the total amount of water pollutants as an important measure for the improvement of water environment quality, and strengthens its convergence with the goals of water environment quality.
It is worth noting that the new law draws on the “Environmental Protection Law†and “Air Pollution Prevention Law†and local legislative experience, and extends the level of government responsible for the quality of the water environment to local people’s governments at all levels.
In addition, the revised draft of the new law shows that the government will take steps to strengthen problems such as strengthening prevention at the source, adjusting irrational punishment measures, increasing compensation for water ecological environment, implementing public participation rights, and resolving water pollution damage compensation through judicial means.
(Original title: Common types of industrial water pollution penalties do not understand the legal provisions can understand)
Water Pollution Prevention and Control Law Common Punishment Types 1. Abnormal Operation Water Pollution Treatment Equipment “Water Pollution Prevention Law†Article 21: Enterprises and institutions that are directly or indirectly discharging pollutants into water bodies and individual industrial and commercial households should follow the State Council. The regulations of the competent department of environmental protection shall apply to the competent department of environmental protection of the local people's government at or above the county level to declare the registered water pollutant discharge facilities, treatment facilities and the type, amount, and concentration of pollutants discharged under normal operating conditions, and provide prevention and control Water pollution related technical data. Where there are major changes in the types, amounts, and concentrations of pollutants emitted by enterprises, institutions, and individual industrial and commercial households, they shall be declared and registered in a timely manner; their water pollutant treatment facilities shall be maintained in normal use; and dismantling or idle water pollutants treatment facilities shall be advanced. The approval shall be submitted to the competent department of environmental protection of the local people's government at or above the county level.
Behavior: All other operating conditions except normal operation are abnormal!
Penalty: ordered to make corrections within a time limit (general environmental protection departments require immediate correction) and concurrently pay a penalty fee of 1 to 3 times.
Say a few words: In practice, companies often hear the defense: “Oh, our workers neglected to forget to drive for an hourâ€, “Oh, our workers forget to add drugs to the equipment (to neutralize pollutants)â€, "Oh, the equipment has recently been broken, and it will be repaired soon." etc. Please note that there are excuses in the eyes of law enforcement officials. As long as there are no well-utilized facilities, it is not normal to run water pollution control facilities!
2. Excessive discharge of water pollutants Article 9 of the "Water Pollution Prevention and Control Law": Discharge of water pollutants shall not exceed the national or local standards for the discharge of water pollutants and the control of the total discharge of key water pollutants. In general: 1, all companies should pay attention to the COD is the chemical oxygen demand of the national standard limit of 100mg / L, roughly means that the water is turbid or not; 2, aquaculture enterprises need to pay attention to the ammonia nitrogen standard limit of 15mg / L, roughly means that the smell does not smell; 3, chemical and chemical companies need to pay attention to the PH value of the national standard limit of 6 to 9, roughly means that the acid or alkali; 4, of course, other need to pay attention, do not enumerate.
Penalty: ordered to make deadlines for governance (ordered closure of overdue orders) concurrently imposed a penalty of 2 to 5 times the amount of sewage charges.
3. Failing to set the sewage outlet according to the provisions of Article 22, Paragraph 1 of the "Water Pollution Prevention and Control Law": Enterprises and institutions and individual industrial and commercial households that discharge pollutants into water bodies shall comply with laws, administrative regulations, and the competent department of environmental protection under the State Council. Provisions shall be made for the establishment of sewage outlets; in the setting of sewage outlets in rivers and lakes, the provisions of the water administrative department of the State Council shall also be complied with.
Behavior: There will be standard discharge outlets in the EIA. All the activities that do not discharge sewage from these standard discharge outlets will be called failing to provide the sewage outlets as required.
Penalty: ordered to dismantle within a time limit (the environmental protection department will generally require immediate dismantling) and impose 2 to 100,000.
Simply put a few words: Failure to set up a sewage outlet is the most common type of punishment. There are basically 5 cases in 10 cases. It is so much for Mao. Personally, first of all it is because it is somewhat biased towards the bottom of the article. , But more importantly, companies use EIA as an approval document instead of a guidance document. If companies can attach importance to EIA, then you will be the current environmental protection king!
4. Privately-owned concealed pipes: Article 22, paragraph 2 of the "Water Pollution Prevention and Control Law" prohibits the privately-designed underground pipes or other forms of evasive supervision from discharging water pollutants.
Behavioural: Irregularly and positively remove sewage from non-standard discharge outlets.
Penalty: ordered to dismantle within a limited period (environmental protection department will generally require immediate demolition) and be punished by 2 to 100,000, and transfer to public security.
Just a few words: Have you found that the practice of setting up a dark pipe is similar to the "Drainage outlet not being set up as required"? That's right, except that the private pipe is needed to be transferred to the public security. A lot of friends may not know how to call and transfer the police. Explain that the meaning of the transfer of public security is the detention center, the detention center, the detention center, and the transfer to the public security department!
5. There is a law that would like to show you Article 63 of the “Environmental Protection Law of the People's Republic of Chinaâ€: Enterprises and institutions and other producers and operators have one of the following acts that do not constitute a crime, except in accordance with relevant laws and regulations. In addition to punishment, the environmental protection authorities or other relevant departments of the people's government at or above the county level shall transfer the case to the public security organ, and the person directly in charge and other persons directly responsible shall be detained for not less than 10 days and not more than 15 days; the circumstances shall be lighter. , for detentions of more than five days and less than ten days:
(1) The construction project has not been evaluated for environmental impact according to law and was ordered to stop construction and refuse to implement it;
(2) Violating the law and failing to obtain a pollutant discharge permit to discharge pollutants, it is ordered to stop the discharge of pollutants and refuse to implement it;
(3) Illegal discharge of pollutants through concealed pipe, seepage wells, seepage pits, perfusion or falsification, falsification of monitoring data, or improper operation of pollution prevention facilities and other means of evading supervision;
(4) Producing and using pesticides that the country has explicitly prohibited the production and use of, has been ordered to make corrections, and has not been corrected.
The above four types all need to be transferred to the public security, and they are not explained.
To apprehend the domineering "revised draft" of the "revision draft" Article 112 [Penalty for non-approved pre-construction]: In violation of the provisions of this Law, a fine of between 100,000 yuan and 1 million yuan shall be imposed and it may be ordered to restore the status quo. .
Article 113 of the "Draft Revision" [Penalty for Exceeding the Regulation and Excessive Total Pollutant Discharge]: In violation of the provisions of this Law ... and imposed a fine of not less than 100,000 yuan but not more than 1 million yuan; the circumstances are serious or have not been corrected within the time limit The people's government that has the approval power is required to approve the suspension and close it.
Article 115 of the "revision draft" [Penalty for illegal discharge of pollutants, etc.]: According to law ... and impose a fine of not less than 100,000 yuan but not more than 1 million yuan; if the circumstances are serious, the pollution permit shall be revoked, or Approved by the People's Government with the power of approval, it was ordered to close down and close down. ...... The environmental protection authorities of the people's governments at or above the county level shall impose a fine of between 10,000 yuan and 100,000 yuan per day and shall be punished continuously from the date of the most recent confirmation by law-enforcement agencies of environmental protection.
Article 118, Paragraph 2 of the "Revision Draft" [Penalty for illegal discharge of sewage outfall]: ...a fine of not less than 100,000 yuan but not more than 500,000 yuan; A fine of not less than 1 million yuan but not more than 1 million yuan; if there is a secret pipe or if there are other serious circumstances, the competent department of environmental protection shall transfer it to the judicial organ for investigation of criminal liability according to law.
>>>> Extended Reading Water Pollution Prevention and Control Law was revised for the first time in eight years On June 12, the Ministry of Environmental Protection issued the Water Pollution Prevention and Control Law (Revised Draft) (Draft for Soliciting Opinions) and the preparation instructions for the water pollution that was implemented eight years ago. The Prevention and Control Law publicly solicited opinions from the society, and the draft established the core of supervision as a permit system for emission.
The preparation instructions show that although China has made some positive progress in the prevention and control of water pollution, some regions still have outstanding problems such as poor water environment quality, heavy water ecology damage, and many hidden environmental problems.
Compared with the existing Water Pollution Prevention and Control Act that began on June 1, 2008, the new law establishes a regulation centered on the permit system for discharge of pollutants, emphasizes improving the quality of water environment through the total control of water pollutants, and improves the quality of water environment. The responsibility for improvement was implemented at all levels of local governments.
The preparation notes released this time show that the main amendments to the new law include the following three aspects:
First of all, the new law will focus on improving the quality of water environment and establish a quality management system for water environment quality. Specifically, China will establish a watershed-ecological function control area-water environment control unit three-level water ecological environment function zoning system, and prepare a special plan for water pollution control in groundwater, key industries or areas. In addition, based on technical and economic assessments and based on the quality of the water environment, local governments may, as appropriate, formulate two types of discharge standards for water pollutants.
Secondly, the new law further perfects the regulatory system for water pollution prevention and control: it promotes a permit system for pollutant discharge and establishes its core status. It also regards the total amount of water pollutants as an important measure for the improvement of water environment quality, and strengthens its convergence with the goals of water environment quality.
It is worth noting that the new law draws on the “Environmental Protection Law†and “Air Pollution Prevention Law†and local legislative experience, and extends the level of government responsible for the quality of the water environment to local people’s governments at all levels.
In addition, the revised draft of the new law shows that the government will take steps to strengthen problems such as strengthening prevention at the source, adjusting irrational punishment measures, increasing compensation for water ecological environment, implementing public participation rights, and resolving water pollution damage compensation through judicial means.
(Original title: Common types of industrial water pollution penalties do not understand the legal provisions can understand)
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