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How do companies obtain environmental protection procedures to deal with environmental storms? Environmental Protection Agency: These 14 self-examinations can save lives

 Last Update: 2021-07-05
 Source: Internet
 Author: User

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When the environmental storm comes, what do you entrepreneurs do?

Otherwise, this is called first construction without approval.

Article 61 of the new Environmental Protection Law revised in 2014 (effective from January 1, 2015) stipulates: “The construction unit has not submitted the construction project environmental impact assessment document or the environmental impact assessment document has not been approved and started construction without authorization.

Article 31 of the New Environmental Impact Assessment Law revised in 2016 (implemented on September 1, 2016) stipulates: “The construction unit has not submitted the environmental impact report or report form of the construction project in accordance with the law, or has failed to comply with the second According to the provisions of Article 14, resubmit for approval or re-examine the environmental impact report and report form, and start construction without authorization, the environmental protection administrative department at or above the county level shall order the construction to stop, and the total investment in the construction project shall be imposed on the basis of the circumstances of the violation and the harmful consequences.

Through the above legal amendments, the New Environmental Protection Law and the New Environmental Impact Assessment Law abolished the requirement of "renewal procedures within a time limit".

Regarding the administrative penalties for illegal acts of "building before approval", the Ministry of Environmental Protection issued on January 8, 2016, the "Response on Issues Concerning the Application of Article 61 of the Environmental Protection Law" (Revised in 2014).

(1) If a construction project starts construction after January 1, 2015, or construction has started before January 1, 2015 and is still under construction afterwards, the environmental protection department that placed the case for investigation shall apply Article 61 of the new Environmental Protection Law Provide for penalties, and no longer make an administrative order for "refining procedures within a time limit" based on the pre-amended Environmental Impact Assessment Law.

(2) If a construction project starts construction after September 1, 2016, or construction has started before September 1, 2016 and is still under construction afterwards, the environmental protection department that placed the case for investigation and prosecution shall apply Article 31 of the New Environmental Impact Assessment Law Penalties in accordance with the regulations, no longer an administrative order for “replenishment of procedures within a time limit” based on the pre-amended Environmental Impact Assessment Law.

2.
Check if your family’s environmental protection "three simultaneous" acceptance has been conducted.

Otherwise, it is a long time to vote, waiting to pay the fine.

Article 41 of the new environmental protection law stipulates that the pollution prevention and control facilities in the construction project shall be designed, constructed and put into operation at the same time as the main project.
The pollution prevention and control facilities shall meet the requirements of the approved environmental impact assessment documents, and shall not be dismantled or left idle without authorization.
The new environmental protection law does not specify whether the "three simultaneous" facilities must be inspected and accepted before they can be put into production or use.
However, this does not mean that enterprise EIA does not need to be checked and accepted! The new environmental protection law does not make special provisions for the “three simultaneous” check and acceptance, but proposes that “pollution prevention and control facilities should comply with the requirements of approved environmental impact assessment documents and must not be “Unauthorized dismantling or idle” requirements, in order to leave room for future integration of environmental protection approval links and simplifying the approval procedures.
Article 45 of the New Environmental Protection Law: The state implements a pollution discharge permit management system in accordance with the law (Enterprises, institutions and other producers and operators that implement pollution discharge permit management shall discharge pollutants in accordance with the requirements of the pollution discharge permit; those who have not obtained a pollutant discharge permit, No pollutants shall be discharged).
In the future, it is possible to consider linking up the "three simultaneous" inspection and acceptance with the pollution discharge permit management system.
For those that have implemented the pollution discharge permit management system, the "three simultaneous" acceptance can be included in the pollution discharge permit management.
For those who have not implemented the pollution discharge permit management system, the "three simultaneous" inspection and acceptance can be carried out in accordance with the relevant provisions of the environmental protection separate law.
In summary, the complete environmental protection procedures of enterprise projects should be subject to "three simultaneous" environmental protection acceptance.

3.
Check the concentration of pollutants and the total amount of pollutants.

There is a difference between the total amount of pollutants and the concentration of pollutants.
For example: for the same kind of sewage, the total amount of pollutants refers to the quality of pollutants discharged by this kind of sewage each year (usually refers to the weight), and the pollutant concentration refers to the concentration of harmful components contained in this kind of sewage.
In other words, the general measurement indicators are: PH, CODcr, BOD5, ammonia nitrogen, total phosphorus, etc.
; specifically, if a certain sewage annual pollutant (CODcrX tons) is decomposed, the technical term indicators can be explained by the above concepts.
The total amount control is another way to avoid excessive discharge of sewage, which means that the original pollution concentration exceeds the standard and is not allowed to be discharged, but after being diluted by a large amount of clean water, the test will not exceed the standard, so that it will not be penalized by environmental protection, but The control of the total amount of pollutants prevents the occurrence of such incidents.

Boss, please check if the concentration of pollutant emissions does not exceed the standard, but the total amount of pollutant emissions exceeds the standard.
Then quickly check whether the total number of cores has been reduced or the production capacity has increased?

4.
Check your home's online monitor to see if the daily average data exceeds the standard.

"Administrative Measures for Automatic Monitoring of Pollution Sources" (Order No.
28 of the State Environmental Protection Administration of September 19, 2005) Article 14 Paragraph 1 Item 5 stipulates that when automatic monitoring equipment fails to collect and transmit data normally due to malfunctions , It should be inspected and repaired in time and reported to the environmental supervision agency.
When necessary, manual monitoring methods should be used to submit data.

Remember, you can't manipulate the monitoring data.
There is a crime called "crime of destroying computer information systems" which specifically punishes this type of crime.
Article 286 of the Criminal Law stipulates that the crime of sabotage of computer information systems refers to the violation of national regulations by sabotaging the functions of the computer information system or the data and applications stored, processed or transmitted in the computer information system, or deliberately making , Dissemination of computer viruses and other destructive programs, affecting the normal operation of the computer system, and serious consequences.

5.
Check whether your pollution control facilities are operating normally.

(1) Paragraph 2 of Article 26 of the Environmental Protection Law of the People's Republic of China: "The facilities for preventing and controlling pollution shall not be dismantled or left unused without authorization.
If it is really necessary to dismantle or leave unused, the consent of the local environmental protection administrative department must be obtained.
"

(2) Article 14 of the "Water Pollution Prevention and Control Law of the People's Republic of China": "If the type, quantity, and concentration of water pollutants discharged by the pollutant discharge unit as specified in the preceding paragraph have significant changes, it shall be reported in a timely manner; its water pollutant treatment facilities must remain normal Anyone who uses, dismantles or lays idle water pollutant treatment facilities must report to the environmental protection department of the local people’s government at or above the county level for approval in advance.
”

(3) Article 12, paragraph 2 of the "Law of the People's Republic of China on the Prevention and Control of Air Pollution": "If the type, quantity, and concentration of air pollutants discharged by the pollutant discharge unit specified in the preceding paragraph have changed significantly, it shall be reported in a timely manner; its air pollutant treatment The facilities must be kept in normal use.
If the air pollutant treatment facilities are dismantled or left unused, they must be reported in advance to the environmental protection administrative department of the local people's government at or above the county level for approval.
"

(4) Article 15 of the "Environmental Noise Pollution Prevention and Control Law of the People's Republic of China": "Enterprises and institutions that produce environmental noise pollution must maintain normal use of the facilities for the prevention and control of environmental noise pollution; the removal or idleness of environmental noise pollution prevention and control facilities must be done in advance Report to the environmental protection administrative department of the local people's government at or above the county level for approval.
"

(5) Article 24 of the Law of the People’s Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste: “It is prohibited to close, idle or dismantle industrial solid waste pollution prevention facilities and sites without authorization; The environmental protection administrative department of the above local people's government approved and adopted measures to prevent environmental pollution.
"

(6) Article 5 of the Rules for the Implementation of the Water Pollution Law of the People's Republic of China: Enterprises and institutions that need to dismantle or idle pollutant treatment facilities must report to the environmental protection department of the local people's government at or above the county level in advance, and specify the reasons.
The environmental protection department shall make a decision of agreement or disagreement within one month from the date of receipt of the declaration, and give an approval; if it fails to give an approval within the time limit, it shall be deemed as consent.

Let's take care of it, you! A high fine is waiting for you, and the Environmental Protection Agency will also invite you to drink tea all the time.

6.
Check if your hazardous waste has been disposed of in accordance with the law.

Check whether there is any illegal discharge, dumping, or disposal of hazardous materials, or providing or entrusting them to collect, store, utilize, or dispose of hazardous wastes to units or individuals without operating licenses or beyond the scope of operating licenses.
If your above-mentioned hazardous waste reaches a certain tonnage or causes certain impacts.
Please ask a lawyer to tell you the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Environmental Pollution.
" Maybe you want to ask a lawyer to defend you.

If it does not reach a certain tonnage or impact as explained by the judicial system, you should not be careless.
Fines and administrative detention are still possible, and maybe they should be punished on a daily basis.
It is recommended that you establish a standardized management and compliance system for hazardous wastes and follow this system item by item.

7.
Check if your family has an emergency plan for environmental emergencies! Is there a plan? Is there a record? Is there a record or a drill!

According to the "Emergency Response Law of the People's Republic of China", "National Overall Emergency Plan for Public Emergencies", "National Emergency Plan for Environmental Incidents" and relevant environmental protection laws and regulations, the "Interim Measures for the Management of Emergency Plans for Environmental Emergencies" were formulated , Can improve the environmental emergency plan system, and enhance the scientificity, effectiveness and operability of the environmental emergency plan.
In particular, Article 47 of the "Environmental Protection Law" stipulates that enterprises and institutions shall formulate emergency plans for environmental emergencies in accordance with relevant state regulations and report them to the competent environmental protection department and relevant departments for the record.
When environmental emergencies occur or are likely to occur, enterprises and institutions shall immediately take measures to deal with them, promptly notify the units and residents that may be harmed, and report to the environmental protection department and relevant departments.
If not, you can be punished! Hurry up to prepare your emergency plan, hurry up to drill, report to the environmental protection department in time, control the impact, and do a good job in the aftermath.

8.
Check whether your family has completed the annual pollutant discharge declaration work on time.

Article 27 of the "Environmental Protection Law" stipulates that enterprises and institutions that discharge pollutants must declare and register in accordance with the regulations of the environmental protection administrative department of the State Council.
Article 35 stipulates that those who refuse to report or falsely report the relevant pollutant discharge declaration and registration items stipulated by the environmental protection administrative department of the State Council shall be given a warning or be fined according to the circumstances.
Articles 11 and 39 of the Law on the Prevention and Control of Air Pollution, Article 8 of its Implementation Rules, Article 14 of the Law on the Prevention and Control of Water Pollution, Article 31 and Article 5 of the Law on the Prevention and Control of Environmental Pollution by Solid Waste Article 19, Article 24 of the Law on Prevention and Control of Environmental Noise Pollution, Articles 6 and 26 of the Regulations on the Prevention and Control of Land-Source Pollutant Pollution Damage to the Marine Environment The Nine Articles, etc.
, have stipulated the pollution discharge declaration and registration system.
This is an obligation.
It can also be punished.
Also check if you have a sewage permit! You know.

9.
Check if your family has submitted environmental statistical information.

Environmental statistical information refers to measurement information that can outline environmental resources and environmental quality conditions, environmental management levels, and control capabilities given by a certain index system and calculation method.
The scope of environmental statistics includes environmental quality, environmental pollution and its prevention, ecological protection, nuclear and radiation safety, environmental management, and other related environmental protection matters.
The types of environmental statistics include general surveys and special surveys, regular surveys and irregular surveys.
Regular surveys include statistical annual reports, semi-annual reports, quarterly reports, and monthly reports.

This is not a joke, not only to report, but also to report truthfully.
Do you know about credit evaluation? Once you are on the blacklist, bidding and lending.
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But it's all gone, don't blame me for not telling you.

10.
Check if your family has any behaviors of late payment, arrears, or refusal to pay the pollution tax.

Since January 1, 2018, my country’s first "Green Tax Law"-the "Environmental Protection Tax Law of the People's Republic of China" has been implemented.
Four types of pollutants, air pollutants, water pollutants, solid waste and noise, were collected by the environmental protection department in the past.
The pollution discharge fee is now replaced by an environmental tax collected by the taxation department.
Don't say I didn't tell you.
The tax department treats you with one rule.

11.
Check whether your family has disclosed environmental information.

The "Measures for the Disclosure of Environmental Information of Enterprises and Institutions" came into effect on January 1, 2015.
If environmental information is not disclosed or disclosed in accordance with regulations, the disclosure is not standardized, untimely, and the content is untrue, the environmental protection department has done investigations and evidence collection, case filing and punishment, etc.
, and must crack down on key pollutants that do not disclose environmental information in accordance with the regulations.
Behavior, I don’t know if your family will be that early bird.
Also, the public is also staring at you.

If your family is a listed company, the China Securities Regulatory Commission and the Ministry of Environmental Protection signed the "Cooperation Agreement on Jointly Carrying Out the Environmental Information Disclosure Work of Listed Companies" on June 12, which will improve the environmental information disclosure system of listed companies, and urge listed companies to fulfill their letter of disclosure obligations, To implement environmental protection responsibilities, it is recommended that you also learn about it.

12.
Finally, check whether your family has an environmental management system and whether there is a specific person responsible.

According to the relevant national regulations and standards and the characteristics of its own production and operation, the enterprise forms a systematic management system, adopts scientific and effective management methods or management techniques, and effectively controls the environmental damage and environmental pollution that may be caused by corporate activities.
To achieve the purpose of environmental protection.
Otherwise, if something happens, your boss will bear the brunt!

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