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The Ministry of environmental protection will amend the daily punishment to cance……

2017/5/19 0:00:00浏览次数:125

The environmental protection department today (18) afternoon issued on the "decision on Amending the Ministry of environmental protection, environmental protection departments to implement continuous daily punishment measures" (Draft) "Notice of public comment, to further strengthen environmental law enforcement, strengthen daily penalty measures operability.
The "measures" to amend, adhere to the problem oriented, focusing on outstanding issues, the main changes in the following two aspects:
(1) adjusting the scope of application;
Content: adjust the scope of application of the fifth regulations on the daily continuous punishment, and increase a "pollutant discharge license" which has not been obtained in accordance with the law". "Illegal dumping of hazardous waste" shall be amended as "illegal discharge, dumping or disposal of hazardous wastes."".
Reason for the amendment: increasing the situation of undocumented sewage is a concrete measure to implement the air pollution prevention law and the upcoming revision of the water pollution control act, as well as the objective requirements of the reform of the permit system. Amend the "illegal discharge, dumping and disposal of hazardous waste" and "mainly to the Supreme People's court and the Supreme People's Procuratorate on environmental criminal case applicable legal interpretation" in the formulation of relevant agreement.
(two) cancellation of the provisions of the review period of thirty days
Revised content: first, the "Regulations", tenth articles on the review period of thirty days to be canceled. The revised tenth article states that the competent department of environmental protection shall, after serving the order to rectify the illegal act, organize the review of the amendment to the illegal discharge of pollutants by the polluter. Two is to cancel the "Regulations" seventeenth, eighteenth provisions on re examination.
Amendment reasons: review period thirty days of the provisions of the impact of the daily punishment system power play, but also bound the hands and feet of law enforcement officers, and there is no basis for superior law. When the review period has been cancelled, the law enforcement officers can review and review them whenever they can. Cancellation of the review period and re examination of the provisions, will increase law enforcement and simplify law enforcement have a major impact.
Specific changes are as follows:
First, the fifth amended as: polluters have one of the following acts, subject to fines, to be ordered to make corrections, refuses to correct, according to the law to the competent department of environmental protection of the fine penalty decision can be implemented in consecutive daily fines.
(1) failing to obtain pollutant emission permits according to law;
(two) exceeding the pollutant discharge standards prescribed by the state or local or exceeding the total emission control index of key pollutants and discharging pollutants;
(three) through the underground pipe, seepage wells, pits, filling or tampering, forgery monitoring data, or not the normal operation of pollution prevention and control facilities supervision mode of the discharge of pollutants to escape;
(four) emission laws and regulations prohibiting the discharge of pollutants;
(five) illegal discharge, dumping or disposal of hazardous wastes;
(six) other illegal discharge of pollutants.
Two, the tenth article was revised as follows: "the competent department of environmental protection shall, after serving the order to rectify the illegal act, organize the revision of the illegal discharge of pollutants by the polluter." Delete the "thirty days" in this clause".
Three, the seventeenth amended as: consecutive daily fines penalty days for the written decision ordered to correct illegal polluters from the date of the review to the competent department of environmental protection found illegal behavior and the date of discharge of pollutants." Delete the article "re examination, still refuse to correct", the total number of days penalty execution".
Four, delete eighteenth