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14 common illegal situations and penalties for pollutant discharge permits

Time：

2024-09-19

14 common illegal situations and penalties for pollutant discharge permits

1. Unlicensed discharge of pollutants

01. Illegal situation

(1) Discharging pollutants without obtaining a pollutant discharge permit;

(2) The expiration of the pollutant discharge permit without applying for renewal or the discharge of pollutants without approval for renewal application;

(3) Discharging pollutants after the revocation, cancellation, or revocation of the pollutant discharge permit in accordance with the law;

(4) According to the law, it is necessary to reapply for and obtain a pollutant discharge permit, but if a pollutant discharge permit is not reapplied for and obtained, pollutants are discharged.

02. Legal Liability

Article 33 of the Regulations on the Administration of Pollutant Discharge Permits stipulates that the competent department of ecological environment 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, with the approval of the people's government with approval authority, it shall be ordered to suspend business or close down.

2. Excessive concentration and total discharge

01. Illegal situation

Discharging pollutants beyond the permitted concentration and quantity.

02. Legal Liability

Article 34 of the Regulations on the Administration of Pollutant Discharge Permits stipulates that the competent department of ecological environment 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 pollutant discharge permit shall be revoked, and with the approval of the competent people's government, the business shall be ordered to suspend or close down.

3. Evading supervision

01. Illegal situation

Illegally discharging pollutants through methods such as concealed pipes, seepage wells, seepage pits, injection or tampering with or falsifying monitoring data, or abnormal operation of pollution prevention and control facilities to evade supervision.

02. Legal Liability

Article 34 of the Regulations on the Administration of Pollutant Discharge Permits stipulates that the competent department of ecological environment shall order correction or restrict production, suspend production and rectify, and impose a fine of not less than 200000 yuan but not more than 1 million yuan; If the circumstances are serious, the pollutant discharge permit shall be revoked, and with the approval of the competent people's government, the business shall be ordered to suspend or close down.

4. Unorganized emissions

01. Illegal situation

Failure to control unorganized emissions of air pollutants in accordance with the requirements of the pollutant discharge permit.

02. Legal Liability

Article 35 of the Regulations on the Administration of Pollutant Discharge Permits stipulates that the competent department of ecological environment shall order correction and impose a fine of not less than 50000 yuan but not more than 200000 yuan; For serious cases, a fine of not less than 200000 yuan but not more than 1 million yuan shall be imposed, and production shall be restricted or suspended for rectification.

5. Pollution discharge during special periods

01. Illegal situation

Failure to stop or restrict the discharge of pollutants during special periods in accordance with the requirements of the pollutant discharge permit.

02. Legal Liability

6. The management of sewage outlets does not comply with the permit

01. Illegal situation

(1) The location or quantity of pollutant discharge outlets does not comply with the requirements of the pollutant discharge permit;

(2) The discharge method or destination of pollutants does not comply with the requirements of the pollutant discharge permit.

02. Legal Liability

7. Installation, management, and operation of automatic monitoring equipment

01. Illegal situation

(1) Damaging or unauthorized removal or alteration of automatic monitoring equipment for pollutant emissions;

(2) Failure to install and use automatic monitoring equipment for pollutant emissions in accordance with the requirements of the pollutant discharge permit, and to connect it with the monitoring equipment of the ecological environment department, or failure to ensure the normal operation of automatic monitoring equipment for pollutant emissions;

(3) Failure to report abnormal data transmission from automatic monitoring equipment for pollutant emissions or abnormal situations where pollutant emissions exceed pollutant emission standards.

02. Legal Liability

Article 36 of the Regulations on the Administration of Pollutant Discharge Permits: If a pollutant discharge unit violates the provisions of this Regulation and commits any of the following acts, the competent department of ecological environment shall order it to rectify 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.

8. Failure to conduct self-monitoring and keep records

01. Illegal situation

(1) Failure to develop a self-monitoring plan and conduct self-monitoring in accordance with the requirements of the pollutant discharge permit;

(2) Failure to keep original monitoring records in accordance with the requirements of the pollutant discharge permit.

02. Legal Liability

9. Unpublished or untrue information

01. Illegal situation

Failure to disclose or inaccurately disclose pollutant discharge information in accordance with the requirements of the pollutant discharge permit;

02. Legal Liability

10. Failure to implement ledger recording and execution reporting system

01. Illegal situation

(1) Failure to establish an environmental management ledger recording system, or failure to record in accordance with the requirements of the pollutant 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 the discharge permit execution report in accordance with the requirements of the discharge permit;

(4) Failure to truthfully report pollutant emission behavior or pollutant emission concentration and quantity.

02. Legal Liability

Article 37 of the Regulations on the Administration of Pollutant Discharge Permits stipulates that the competent department of ecological environment shall order correction and impose a fine of not less than 5 yuan but not more than 20000 yuan per violation; If the law provides otherwise, follow its provisions.

11. Refusal to cooperate or falsification

01. Illegal situation

Refusing to cooperate with the supervision and inspection of the ecological environment management department, or falsifying information during the acceptance of supervision and inspection.

02. Legal Liability

Article 39 of the Regulations on the Administration of Pollutant Discharge Permits stipulates that if a pollutant discharge unit refuses to cooperate with the supervision and inspection of the ecological environment department, or engages in fraud during the supervision and inspection, the ecological environment department shall order it to make corrections and impose a fine of not less than 20000 yuan but not more than 200000 yuan.

12. Illegally obtaining a license

01. Illegal situation

Deception, bribery, and other improper means are used to apply for and obtain a pollutant discharge permit.

02. Legal Liability

Article 40 of the Regulations on the Administration of Pollutant Discharge Permits stipulates that if a pollutant discharge unit applies for and obtains a pollutant discharge permit through deception, bribery or other improper means, the approval department shall revoke its pollutant 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 pollutant discharge permit again within 3 years.

13. Falsifying, altering, or transferring licenses

01. Illegal situation

Falsifying, altering, or transferring pollutant discharge permits.

02. Legal Liability

Article 41 of the Regulations on the Administration of Pollutant Discharge Permits stipulates that the ecological environment department shall confiscate relevant certificates or revoke the pollutant discharge permit, impose a fine of not less than 100000 yuan but not more than 300000 yuan, and shall not apply for a pollutant discharge permit again within 3 years.

14. Failure to fill out the pollutant discharge registration form

01. Illegal situation

Polluting units, institutions, and other producers and operators who need to fill out the pollutant discharge registration form have not filled in the pollutant discharge information in accordance with the provisions of this regulation.

02. Legal Liability

Article 43 of the Regulations on the Administration of Pollutant Discharge Permits stipulates that the competent department of ecological environment shall order correction and may impose a fine of up to 50000 yuan.