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Punishment standard of new environmental protection law

Click: Time:2020-11-22 00:00:00

        Over the past 30 years of reform and opening up, China's economy has developed rapidly, and great changes have taken place in society, but it has also accumulated a variety of problems, including environmental problems. The new environmental protection law implemented on January 1st, 2015 has provided many legal provisions on issues of concern to people, and the punishment standards of the new environmental protection law have also been released at the same time.

  the punishment standards of the new environmental protection law are mainly the following six points.

   I. penalty for suspension of construction

   the penalty for suspension of construction is the legal liability of the enterprise that has not been approved to build the project first in the environmental impact assessment. In Article 61 of the new environmental protection law: if the construction unit starts construction without submitting the environmental impact assessment documents of the construction project according to law or the environmental impact assessment documents have not been approved, the Department responsible for environmental protection supervision and management shall order it to stop construction, impose a fine, and may order it to restore to the original state. From January 1, the construction project without approval will not only be severely punished, but the public security organ will also detain the enterprise executives and other directly responsible persons in accordance with Article 63.

  II. Seizure

   sealing up and seizure: the environmental protection department of the government may "affix seals" to enterprises. Article 25 stipulates that if enterprises, institutions and other producers and operators discharge pollutants in violation of laws and regulations, causing or likely to cause serious pollution, the competent environmental protection departments of the people's governments at or above the county level and other departments responsible for environmental protection supervision and administration may seal up and seize the facilities and equipment that cause the discharge of pollutants.

   sealing up and seizure comply with the six applicable situations of environmental protection sealing up and seizure:

(1) illegally discharging, dumping or disposing of hazardous wastes, radioactive wastes, heavy metal pollutants and other toxic and harmful substances;

(2) illegally discharging, dumping or disposing of pollutants in the drinking water source protection zone or the core area of the nature reserve;

   (3) illegally discharging pollutants by means of concealed pipes, seepage wells, seepage pits, pouring, or falsifying or falsifying test data, or abnormal operation of pollution prevention and control facilities to avoid supervision;

(4) illegally discharging or dumping sludge from a sewage treatment plant or chemical industry;

   (V) launch of emergency plan for major, major and especially major environmental emergencies or moderate pollution weather

   continue to illegally discharge pollutants after failing to implement shutdown and discharge measures as required;

   (VI) others.

  III. daily penalty

   Article 59 of the new environmental protection law: if an enterprise, institution or other producer or operator illegally discharges pollutants, is fined, ordered to make corrections, and refuses to make corrections, the administrative organ that has made the punishment decision according to law may, starting from the next day of the day on which the order is made to make corrections, impose continuous penalties on a daily basis according to the original amount of punishment. New environmental protection law "shining sword" daily penalty illegal cost is no longer low daily penalty

   the system of "daily penalty" is widely adopted in foreign environmental legislation, which plays a good role in combating the "low cost of illegal activities" of enterprises and making up for the lack of deterrent power of general penalties, and has a strong deterrent effect.

   the illegal acts punished by the new environmental protection law on a daily basis mainly include:

   (I) the construction project was constructed before the approval of environmental impact assessment; Pollution discharge without environmental protection acceptance or unqualified acceptance;

   (II) excessive discharge and discharge exceeding the total amount index; Pollution discharge without pollution discharge permit; Avoiding regulatory pollution discharge;

   (III) sewage discharge through concealed pipes, seepage pits and wells.

   after the implementation of the daily penalty, the amount of administrative fines will be greatly increased: Chongqing has implemented the daily penalty since 2007, and the fines for illegal sewage discharge cases can be as high as more than 30million yuan? The water pollution prevention and control law revised in 2008: the amount of fines has been increased. For general or relatively large water pollution accidents, the penalty shall be calculated according to 20% of the direct loss, and for major accidents, the penalty shall be calculated according to 30% of the direct loss. The law on the prevention and control of air pollution (Draft for comments) is more stringent. It stipulates that for ordinary or major air pollution accidents, a fine of more than 1 time and less than 3 times of the direct loss shall be calculated, for major accidents, a fine of more than 3 times and less than 5 times of the direct loss shall be calculated, and in addition, the directly responsible executives shall be fined.

   IV. limit production, stop production for rectification, close down

   Article 60 of the new environmental protection law: If enterprises, institutions and other producers and operators discharge pollutants in excess of the pollutant discharge standards or the total emission control targets of key pollutants, the competent environmental protection department of the people's government at or above the county level may order them to take measures such as restricting production or stopping production for remediation; If the circumstances are serious, it shall be reported to and approved by the people's government with the power of approval and ordered to suspend business or close down. The new environmental protection law sets new penalties for limiting production, stopping production, stopping business and closing down, and reverses the malpractice of enterprises' treatment within a time limit.

  v. administrative detention

   new environmental protection law: in addition to punishment according to law, administrative detention is added to increase punishment. The environmental protection department shall transfer the illegal case to the public security organ, and the person in charge and other persons directly responsible for it shall be detained for not less than 10 days but not more than 15 days; If the circumstances are relatively minor, he shall be detained for not less than five days but not more than ten days: the construction project has not been evaluated for environmental impact, and is ordered to stop the construction and refuses to implement it;

   those who violate the provisions of environmental protection laws and regulations, discharge pollutants without a pollutant discharge license, are ordered to stop discharging pollutants, and refuse to implement; Illegally discharging pollutants by means of concealed pipes, seepage wells, seepage pits, pouring or tampering with or falsifying monitoring data, or abnormal operation of pollution prevention and control facilities to avoid supervision.

  VI. criminal responsibility

  Article 69 of the new environmental protection law: those who violate the provisions of this Law and constitute a crime shall be investigated for criminal responsibility according to law. Judicial interpretation of the Supreme People's court and the Supreme People's Court: Crime of environmental pollution and criminal law according to the six categories of Environmental Pollution Crimes in the criminal law of the people's Republic of China, the crime of illegal disposal of imported solid waste was sentenced to 5 years, 5-10 years and 10 years, with a fine of 5 years, 5-10 years, and a fine of 3-10 years and 3-7 years for the crime of polluting the environment for the crime of releasing hazardous substances (which did not cause serious consequences), In addition, a fine shall be imposed on the unit. If the unit commits an environmental crime, the person in charge and the person directly responsible shall be sentenced and fined in accordance with the above-mentioned law. The crime of dereliction of duty in environmental supervision (state personnel) shall be sentenced to fixed-term imprisonment of not more than 3 years or criminal detention

   the following are identified as serious environmental pollution

   (1) discharging, dumping or disposing of radioactive waste, waste containing infectious disease pathogens or toxic substances in the primary drinking water source protection zone or the core area of the nature reserve;

        (2) illegally discharging, dumping or disposing of more than 3 tons of hazardous waste;

   (3) illegally discharging pollutants that contain heavy metals, persistent organic pollutants and other pollutants that seriously harm the environment and harm human health, exceeding the national pollutant discharge standards or the pollutant discharge standards formulated by the people's governments of provinces, autonomous regions and municipalities directly under the central government in accordance with the legal authorization by more than three times;

        (4) privately setting up concealed pipes or using seepage wells, pits, fissures, karst caves, etc. to discharge, dump or dispose of radioactive waste, waste containing infectious disease pathogens, or toxic substances;

         (8) causing more than 50 cubic meters of forest or;

        (10) causing the evacuation or transfer of more than 5000 people;

        (11) causing poisoning to more than 30 persons;

         (12) causing minor injury, mild disability or organ damage to more than 3 people, resulting in general dysfunction;

   (XIII) causing more than one person to be seriously injured, moderately disabled or organ damage leading to serious dysfunction.


Copyright © 2021 Nantong Tengyu environmental protection equipment Co., Ltd  苏ICP备18026647号

Power by:Suyuan

Copyright © 2020 Nantong Tengyu environmental protection equipment Co., Ltd  

苏ICP备18026647号  Power by:Suyuan

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