Guangdong Dongguan Environmental Protection Bureau: Wading Pollution Can Be Fined 500 Thousand Yuan.
What kind of punishment should enterprises be punished by environmental laws and regulations?
Yesterday, the Dongguan Environmental Protection Bureau announced to the public the "Dongguan Municipal Environmental Protection Bureau's administrative penalty discretion standard" (hereinafter referred to as the "standard"). For the first time, the administrative penalty basis and the discretion standard of the 16 categories of 148 kinds of environmental violations were publicize to the public for the first time. In the event of major environmental accidents or particularly serious environmental accidents, they will be fined 30% of the direct loss, with a maximum of no more than 1 million yuan.
According to Dongguan City
environmental protection
The relevant person in charge of the Bureau said that the publication of the standards means that the environmental protection department has expressed the determination of the strict law enforcement procedures and fair and impartial law enforcement to the public.
"Promulgating the legal basis shows that every punishment decision is reasonable and legal, and at the same time, it also promulgates the standard of discretion and accepts social supervision."
50 thousand the following penalty authority shall be allocated to the central town.
In the 83 page standard issued by the Municipal Environmental Protection Bureau, the control indicators for violating pollutant emission standards and total emissions are listed in detail, including violations of the sewage declaration and registration system, and other water violations.
contaminated
There are 148 kinds of environmental violations in 16 categories: air pollution, noise pollution and solid waste pollution prevention and control system.
Among them, the Dongguan Municipal Environmental Protection Bureau has already delegated a fine of less than 50 thousand yuan to the central town.
Punishment according to circumstances and degree
According to the relevant person in charge of the Municipal Environmental Protection Bureau, the standard sets out the illegal acts, the legal basis, the classification of circumstances, the degree of violation and the circumstances and the standard of penalty discretion in the form of form.
Among them, the legal basis is the basis for punishment, and the environmental protection department can also impose different administrative penalties on the circumstances and extent of environmental violations.
The person in charge explained: "this is based on the relevant laws and regulations of environmental protection, referring to the discretionary standards of Guangdong province and combining with the actual situation of Dongguan, the standard of discretion."
For example, in the "other air pollution prevention and control system", the operators of urban catering services did not take effective measures to prevent pollution, resulting in the pollution of the oil fumes to nearby residents' living environment. The maximum penalty could be fined more than 30 thousand yuan or less than 50 thousand yuan.
In addition, if a ventilator or other noise producing equipment is used in operating activities, the penalty is 200 yuan and a maximum price of 1000 yuan according to the decibel noise exceeding the standard.
Noun interpretation
Environmental Science
Administrative penalty discretion
According to the interpretation of the State Environmental Protection Department, the discretionary power of environmental administrative penalty refers to the power of the environmental protection department to decide whether or not the offense is punishing, punishing categories and punishing extent according to the provisions of laws, regulations and rules when investigating and dealing with environmental violations.
Typical punishment
Heavy penalties for wading polluters fines "starting price" 50 thousand yuan
According to the person in charge, the published "standard" increased the penalties for wading pollution cases, with a minimum fine of 50 thousand yuan.
There are dozens of pollutants involved in water pollution violations in the standards, such as excessive discharge of pollutants from drainage, improper use or unauthorized removal of water pollution treatment facilities, and the discharge of highly toxic waste water from water bodies. Among them, the maximum penalty for a number of illegal activities involving water pollution has reached 500 thousand yuan.
The responsible person said that since the "water pollution prevention and control law of the People's Republic of China" was revised and promulgated in February 2008, heavy penalties for environmental violations related to wading have been imposed. The 50 thousand yuan is the starting point for punishment.
"At the same time, according to the actual situation in Dongguan, we have worked out the criteria for judging the penalties for heavy polluting enterprises, namely, 80 thousand yuan for electroplating, 70 thousand yuan for bleaching and dyeing, etching, 60 thousand yuan for acid, alkali washing, 70 thousand yuan for washing jeans, and 50 thousand yuan for other washing water."
Motorized vehicle emission exceeding the standard can be fined 1000 yuan.
There are many penalties for offenses involving excessive emission of motor vehicle exhaust in the standard, including excessive emission of motor vehicle exhaust, and excessive exhaust emission of motor vehicle owners.
For unauthorized demolition, idle, change and use of vehicle exhaust pollution control devices, resulting in failure of the device to make exhaust pollution exceeding the standard, the environmental protection department ordered it to correct and impose a fine of 500 yuan ~1000 yuan.
In addition, the construction of petrol filling stations and newly registered oil tankers without the installation of oil and gas recovery systems will be fined 10 thousand ~5 yuan and 3000 yuan ~3 yuan respectively, depending on the degree of violation and the seriousness of the plot.
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