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11 Common Violations of Pollutant Discharge Permits
Time：
2023-11-01
11 Common Violations of Pollutant Discharge Permits
01. Escaping Supervision
Specific illegal situations
(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.
Legal liability
The competent ecological and environmental department shall order correction 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 power and ordered to suspend business or close down.
Legal basis
Article 33 of the Regulations on the Administration of Pollutant Discharge Permits
02. The management of sewage outlets does not comply with the permit
Specific illegal situations
Pollutant emissions exceeding the permitted emission concentration or amount.
Legal liability
The competent ecological and environmental department shall order correction 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, the pollution discharge permit shall be revoked, and approval shall be obtained from the people's government with approval power, and the company shall be ordered to suspend operations or close down.
Legal basis
Article 34 of the Regulations on the Administration of Pollutant Discharge Permits
03. Evasion of Regulation
Specific illegal situations
Illegally discharging pollutants through hidden pipes, seepage wells, seepage pits, injection or tampering with or falsifying monitoring data, or improper operation of pollution prevention and control facilities to evade regulation.
Legal liability
The competent ecological and environmental department shall order correction 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, the pollution discharge permit shall be revoked, and approval shall be obtained from the people's government with approval power, and the company shall be ordered to suspend operations or close down. If the case does not constitute a crime, the directly responsible supervisor and other directly responsible personnel shall be detained in accordance with the provisions of the Environmental Protection Law of the People's Republic of China.
Legal basis
Article 34 and Article 44 of the Regulations on the Administration of Pollutant Discharge Permits
04. The management of sewage outlets does not comply with the permit
Specific illegal situations
(1) The location or quantity of pollutant discharge outlets does not comply with the provisions of the pollution discharge permit; (2) The method or direction of pollutant discharge does not comply with the provisions of the pollution discharge permit.
Legal liability
If a pollutant discharge unit violates the provisions of these regulations and commits one of the following acts, the ecological environment regulatory department shall order it to make corrections 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.
Legal basis
Article 36 of the Regulations on the Administration of Pollutant Discharge Permits
05. Installation management and abnormal operation of automatic monitoring equipment
Specific illegal situations
(1) Damage or unauthorized movement or alteration of automatic monitoring equipment for pollutant emissions; (2) Failure to install or use automatic monitoring equipment for pollutant discharge in accordance with the provisions of the pollution discharge permit and connect it with the monitoring equipment of the ecological environment regulatory department, or failure to ensure the normal operation of automatic monitoring equipment for pollutant discharge; (3) Failure to report abnormal transmission data of automatic monitoring equipment for pollutant emissions or abnormal situations where pollutant emissions exceed pollutant emission standards.
Legal liability
Ordered by the competent ecological and environmental department to make corrections and fined between 20000 yuan and 200000 yuan; Those who refuse to make corrections shall be ordered to suspend production for rectification.
Legal basis
Article 36 of the Regulations on the Administration of Pollutant Discharge Permits
06. Failure to conduct self monitoring and keep records
Specific illegal situations
(1) Failure to develop self monitoring plans and carry out self monitoring in accordance with the provisions of the pollution discharge permit; (2) Failure to keep original monitoring records in accordance with the provisions of the pollution discharge permit.
Legal liability
Ordered by the competent ecological and environmental department to make corrections and fined between 20000 yuan and 200000 yuan; Those who refuse to make corrections shall be ordered to suspend production for rectification.
Legal basis
Article 36 of the Regulations on the Administration of Pollutant Discharge Permits
07. Unpublished or untruthfully disclosed information
Specific illegal situations
Failure to disclose or failing to truthfully disclose pollutant discharge information in accordance with the provisions of the pollution discharge permit.
Legal liability
Ordered by the competent ecological and environmental department to make corrections and fined between 20000 yuan and 200000 yuan; Those who refuse to make corrections shall be ordered to suspend production for rectification.
Legal basis
Article 36 of the Regulations on the Administration of Pollutant Discharge Permits
08. Failure to implement ledger recording and execution reporting system
Specific illegal situations
(1) Failure to establish an environmental management ledger recording system, or failure to record in accordance with the provisions of the pollution discharge permit; (2) Failure to truthfully record the operation of major production facilities and pollution prevention and control facilities, or the concentration and amount of pollutant emissions; (3) Failure to submit a pollution discharge permit execution report in accordance with the regulations of the pollution discharge permit; (4) Failure to truthfully report pollutant discharge behavior or pollutant discharge concentration and amount.
Legal liability
Ordered by the competent ecological and environmental department to make corrections and fined between 5000 yuan and 20000 yuan each time; If the law provides otherwise, the provisions shall prevail.
Legal basis
Article 37 of the Regulations on the Administration of Pollutant Discharge Permits
09. Refusal to cooperate with supervision and inspection or falsification
Specific illegal situations
Refusing to cooperate with the ecological environment regulatory department for supervision and inspection, or engaging in fraud when accepting supervision and inspection.
Legal liability
The ecological environment regulatory department shall order correction and impose a fine of not less than 20000 yuan but not more than 200000 yuan.
Legal basis
Article 39 of the Regulations on the Administration of Pollutant Discharge Permits
10. Illegal acquisition of licenses
Specific illegal situations
Deception, bribery, and other improper means to apply for a pollution discharge permit.
Legal liability
The approval department shall revoke its pollution discharge permit in accordance with the law, impose a fine of not less than 200000 yuan but not more than 500000 yuan, and shall not apply for a pollution discharge permit again within three years.
Legal basis
Article 40 of the Regulations on the Administration of Pollutant Discharge Permits
11. Forgery, alteration, and transfer of licenses
Specific illegal situations
Forgery, alteration, or transfer of pollution discharge permits.
Legal liability
The competent ecological and environmental department shall confiscate relevant documents or revoke the pollution discharge permit, impose a fine of not less than 100000 yuan but not more than 300000 yuan, and shall not apply for a pollution discharge permit again within three years.
Legal basis
Article 41 of the Regulations on the Administration of Pollutant Discharge Permits
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