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@Enterprises, please pay attention to these 10 common environmental violations
Time：
2023-07-25
@Enterprises, please pay attention to these 10 common environmental violations
01. Build without approval
A maximum fine of 5% of the total investment amount
If the construction project is started without the approval of the environmental impact report or report form in accordance with the law, or if the environmental impact assessment document of the construction project has been approved, and there are significant changes in the nature, scale, location, production process or measures for pollution prevention and ecological damage prevention of the construction project, and the construction is started without re approval or re review of the environmental impact report or report form:
According to Article 31 of the Law of the China on Environmental Impact Assessment, the competent administrative department of environmental protection at or above the county level shall order the suspension of construction, impose a fine of more than 1% but less than 5% of the total investment of the construction project according to the circumstances of the violation and the harmful consequences, and may order the restoration of the status quo; Administrative sanctions shall be imposed on the supervisors and other directly responsible personnel of the construction unit in accordance with the law.
If the construction unit fails to conduct an environmental impact assessment in accordance with the law and is ordered to stop construction but refuses to execute it, which does not constitute a crime, in addition to being punished in accordance with the law, the case shall be transferred to the public security organ, and the directly responsible supervisor and other directly responsible personnel shall be detained for not less than ten days but not more than fifteen days; If the circumstances are minor, the offender shall be detained for not less than five days but not more than ten days.
02. Pre acceptance or fraudulent acceptance without inspection
Maximum fine of 2 million yuan
For construction projects that require the preparation of environmental impact reports or environmental impact report forms, if the environmental protection facilities that need to be constructed have not been completed, have not been inspected, or have not passed the inspection, the construction project will be put into production or use immediately, or if they resort to fraud during the environmental protection acceptance of the completed environmental protection facilities:
According to Article 23 of the Regulations on the Administration of Environmental Protection for Construction Projects, the competent environmental protection department at or above the county level shall order correction within a specified period of time and impose a fine of 200000 to 1 million yuan;
Those who fail to make corrections within the time limit shall be fined 1 million to 2 million yuan; The directly responsible supervisor and other responsible personnel shall be fined 50000 to 200000 yuan.
Those who cause significant environmental pollution or ecological damage shall be ordered to stop production or use, or shall be ordered to close down with the approval of the competent people's government.
03. Unlicensed emissions, excessive emissions, and forged monitoring data
Maximum fine of 1 million yuan
Discharge pollutants without a license, or the total amount of pollutants exceeds the standard, or evade supervision by falsifying monitoring data, according to Article 83 of the Law of the China on the Prevention and Control of Water Pollution or Article 99 of the Law of the China on the Prevention and Control of Air Pollution:
The competent environmental protection department of the people's government at or above the county level shall order correction, restrict production, suspend production for rectification, and impose a fine of not less than 100000 yuan but not more than 1 million yuan; If the circumstances are serious, it shall be reported to the people's government with approval power and ordered to suspend business or close down.
04. Stealing exhaust gas emissions
Maximum fine of 1 million yuan
According to Article 99 of the Law of the China on the Prevention and Control of Air Pollution, if atmospheric pollutants are discharged by evading supervision, the competent ecological environment department of the people's government at or above the county level shall order correction or restrict production, stop production for rectification, and impose a fine of not less than 100000 yuan but not more than one million yuan; If the circumstances are serious, it shall be reported to the people's government with approval power and ordered to suspend business or close down.
Note: For those who discharge atmospheric pollutants in a way that evades supervision and has not yet constituted a crime, in addition to being punished in accordance with the law, the case shall be transferred to the public security organs, and the directly responsible supervisory personnel and other directly responsible personnel shall be detained for not less than ten days but not more than fifteen days; If the circumstances are minor, the offender shall be detained for not less than five days but not more than ten days.
05. Enterprises that produce volatile organic waste gases do not have adequate pollution prevention and control measures
Maximum fine of 200000 yuan
According to Article 108 of the Law of the China on the Prevention and Control of Air Pollution, anyone who commits one of the following acts shall be ordered to make corrections by the competent environmental protection department of the people's government at or above the county level, and shall be fined not less than 20000 yuan but not more than 200000 yuan; Those who refuse to make corrections shall be ordered to suspend production for rectification:
（1） Production and service activities that generate volatile organic compounds containing waste gas are not carried out in enclosed spaces or equipment, pollution prevention and control facilities are not installed or used in accordance with regulations, or measures to reduce waste gas emissions are not taken;
（2） Industrial coating enterprises that have not used coatings with low volatile organic matter content or have not established or maintained a ledger;
（3） Enterprises engaged in petroleum, chemical, and other production and use of organic solvents fail to take measures for daily maintenance and repair of pipelines and equipment to reduce material leakage, or fail to collect and handle leaked materials in a timely manner;
（4） Failing to install and normally use oil and gas recovery devices in accordance with relevant national regulations in oil and gas storage depots, refueling stations, Tank truck, gas tankers, etc;
（5） Enterprises such as steel, building materials, non-ferrous metals, petroleum, chemical, pharmaceutical, and mineral mining have not taken measures such as centralized collection and treatment, sealing, enclosure, covering, cleaning, and watering to control and reduce the emission of dust and gaseous pollutants;
（6） Combustible gases generated in industrial production, landfill, or other activities are not recycled, do not meet the conditions for recycling and do not undergo pollution prevention and treatment, or the combustible gas recycling and utilization device cannot operate normally and is not repaired or updated in a timely manner.
06. Unlicensed sewage discharge
Maximum fine of 1 million yuan
Enterprises, institutions, and other producers and operators (hereinafter referred to as pollutant discharge units) that implement pollutant discharge permit management in accordance with the relevant provisions of the "Regulations on the Administration of Pollutant Discharge Permits" shall apply for and obtain a pollutant discharge permit; Those who have not obtained a pollution discharge permit shall not discharge pollutants.
If a pollutant discharge unit violates the provisions of the "Regulations on the Administration of Pollutant Discharge Permits" and commits one of the following acts, the competent ecological environment department shall order it to rectify or restrict production, suspend production for rectification, and impose a fine of not less than 200000 yuan but not more than 1 million yuan; If the circumstances are serious, it shall be reported to the people's government with approval authority and ordered to suspend business or close down:
（1） Discharge pollutants without obtaining a pollution discharge permit;
（2） Failure to apply for extension upon expiration of the validity period of the pollution discharge permit or failure to apply for extension to discharge pollutants without approval;
（3） Discharge of pollutants after being revoked, cancelled, or revoked in accordance with the law;
（4） According to the law, it is necessary to reapply for and obtain a pollution discharge permit, but the discharge of pollutants without reapplying for and obtaining a pollution discharge permit.
Note: For those who discharge pollutants without obtaining a pollution discharge permit and are ordered to stop discharging pollutants but refuse to comply, and have not yet constituted a crime, in addition to being punished in accordance with the law, the case shall be transferred to the public security organ. The directly responsible supervisor and other directly responsible personnel shall be detained for not less than ten days but not more than fifteen days; If the circumstances are minor, the offender shall be detained for not less than five days but not more than ten days.
07. Private installation of concealed pipes for sewage discharge
Maximum fine of 1 million yuan
According to Article 83 of the Law of the China on the Prevention and Control of Water Pollution, using seepage wells, seepage pits, fissures, karst caves, setting concealed pipes privately, falsifying or falsifying monitoring data, or not operating water pollution prevention and control facilities normally to discharge water pollutants in a manner that evades supervision.
The competent environmental protection department of the people's government at or above the county level shall order correction, restrict production, suspend production for rectification, and impose a fine of not less than 100000 yuan but not more than 1 million yuan; If the circumstances are serious, it shall be reported to the people's government with approval power and ordered to suspend business or close down.
Note: If the discharge of water pollutants in a way that evades supervision has not yet constituted a crime, in addition to being punished in accordance with the law, the case shall be transferred to the public security organ, and the directly responsible supervisor and other directly responsible personnel shall be detained for not less than ten days but not more than fifteen days; If the circumstances are minor, the offender shall be detained for not less than five days but not more than ten days.
08. Illegal disposal, dumping, storage of hazardous waste, etc
A fine of five times the maximum penalty disposal fee
Article 112 of the Law of the China on the Prevention and Control of Environmental Pollution by Solid Waste stipulates that, in case of violation of this Law, the competent department of ecological environment shall order correction, impose a fine and confiscate the illegal income; If the circumstances are serious, with the approval of the people's government with approval power, it may be ordered to suspend business or close down:
（1） Failure to set up hazardous waste identification signs in accordance with regulations;
（2） Failure to formulate a hazardous waste management plan or apply for hazardous waste related materials in accordance with relevant national regulations;
（3） Dumping or stacking hazardous waste without authorization;
（4） Providing or entrusting hazardous waste to unlicensed units or other producers and operators for business activities;
（5） Failure to fill out and operate hazardous waste transfer forms in accordance with relevant national regulations, or unauthorized transfer of hazardous waste without approval;
（6） Failure to store, utilize, or dispose of hazardous waste in accordance with national environmental protection standards, or mixing hazardous waste with non hazardous waste for storage;
（7） Mixed collection, storage, transportation, and disposal of hazardous waste with incompatible properties without safety disposal;
（8） Carrying hazardous waste and passengers on the same transportation vehicle;
（9） Transferring places, facilities, equipment, containers, packaging materials, and other items for the collection, storage, transportation, and disposal of hazardous waste for other purposes without undergoing pollution elimination treatment;
（10） Failure to take corresponding preventive measures, resulting in the scattering, loss, leakage, or other environmental pollution of hazardous waste;
（11） Discarding or scattering hazardous waste along the transportation process;
（12） Failure to develop preventive measures and emergency plans for hazardous waste accidents;
（13） Failure to establish a hazardous waste management ledger and truthfully record it in accordance with relevant national regulations;
For any of the acts mentioned in the first, second, fifth, sixth, seventh, eighth, ninth, twelfth, or thirteenth items of the preceding paragraph, a fine of not less than 100000 yuan but not more than 1 million yuan shall be imposed; If one of the behaviors mentioned in the third, fourth, tenth, and eleventh paragraphs of the preceding paragraph is committed, a fine of not less than three times but not more than five times the required disposal fee shall be imposed on the premises. If the required disposal fee is less than 200000 yuan, it shall be calculated as 200000 yuan.
Note 1: If the above behavior does not constitute a crime, the public security organ shall detain the legal representative, main responsible person, directly responsible supervisor, and other responsible personnel for not less than ten days but not more than fifteen days; If the circumstances are minor, the offender shall be detained for not less than five days but not more than ten days.
Note 2: Unlawful discharge, dumping, or disposal of hazardous waste of more than three tons, or illegal gains or losses of more than 300000 yuan to public and private property;
According to Article 1 of 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, it should be recognized as "serious environmental pollution".
At the same time, the aforementioned Article 7 stipulates that those who knowingly provide or entrust others with the collection, storage, utilization, and disposal of hazardous waste without a hazardous waste business license, which seriously pollutes the environment, shall be punished as joint offenders.
09. Failure to self monitor, failure to save original testing records, online monitoring not installed, not connected, or not functioning properly
Maximum fine of 200000 yuan
According to the Air Pollution Prevention Law of the China and the Water Pollution Prevention Law of the China:
(1) Failure to monitor industrial waste gas, toxic and harmful atmospheric pollutants, and water pollutants emitted in accordance with regulations, or failure to preserve original monitoring records;
(2) Failure to install automatic monitoring equipment for atmospheric and water pollutants in accordance with regulations, or failure to network with monitoring equipment of environmental protection authorities in accordance with regulations, or failure to ensure the normal operation of monitoring equipment;
Order correction and impose a fine of not less than 20000 yuan but not more than 200000 yuan; Those who refuse to make corrections shall be ordered to suspend production for rectification in accordance with the law.
10. Burning highly polluting fuels in non combustible areas
Maximum fine of 200000 yuan
In accordance with the provisions of the first paragraph of Article 107 of the Law of the China on the Prevention and Control of Air Pollution, in violation of the provisions of this Law, new or expanded facilities burning highly polluting fuels in the no burning zones, or failed to stop burning highly polluting fuels in accordance with regulations, or built or expanded decentralized coal-fired heating boilers in areas covered by urban central heating pipe networks, or failed to dismantle completed coal-fired heating boilers that fail to meet the discharge standards in accordance with regulations, The ecological and environmental authorities of local people's governments at or above the county level shall confiscate facilities that use highly polluting fuels, organize the dismantling of coal-fired heating boilers, and impose a fine of not less than 20000 yuan but not more than 200000 yuan.
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