Media Information

About RongSu

Surprise the State Council! 200 chemical enterprises have collectively shut down for two years, facing a "one size fits all" disaster!


When it comes to Lianyungang City in Jiangsu Province, more people know about the 5A level scenic spot "Huaguo Mountain", but they are unaware that Lianyungang's chemical industry also holds a pivotal position in the country. Over the past 40 years of reform and opening up, with the convenience of waterway transportation and geographical advantages, chemical industry has always been a pillar industry for the economic development of Lianyungang.

▲ Lianyungang Chemical Industry Park

In a recent investigation, it was found that more than 200 enterprises in the chemical industry parks of Guanyun and Guannan counties (referred to as "Liangguan") in Lianyungang City have been suspended for more than two years due to being required to "suspend operations for rectification". During this period, some enterprises have completed their rectification and are planning to resume work, but they have to continue waiting due to failure to receive acceptance. Long periods of continuous shutdown have led to a large number of enterprises suffering serious losses and even on the brink of bankruptcy.

▲ The enterprise has ceased production, and the park has been idle for over two years

What is the reason for the large-scale "collective shutdown" in this chemical industry cluster with significant geographical advantages and a long history? What is the reason for the delay in waiting for regulatory acceptance after the rectification of enterprises, resulting in an abnormal situation where even after the rectification, work cannot resume?

Environmental accidents ignite the "fuse" for production suspension and rectification

There are two main triggering factors that have led to the long-term shutdown and rectification of chemical enterprises in the "Two Irrigation" park. In April 2018, the media exposed environmental issues such as illegal pollution discharge in Guanyun, Guannan, and Xiangshui Chemical Industry Parks. The Jiangsu Provincial Environmental Protection Department subsequently issued a letter ordering the Lianyungang Chemical Industry Park to suspend production and rectify comprehensively; After nearly a year of rectification, several companies have briefly resumed work. However, the good times did not last long. On March 21, 2019, the Tianjiayi Chemical Company in Xiangshui County, Yancheng City, near Lianyungang, experienced a "3.21" explosion accident, causing heavy losses and profound lessons. Subsequently, the Lianyungang "Liangguan" Chemical Park once again entered a comprehensive shutdown for rectification.

At the beginning, the enterprises in the "Two Irrigation" park understood the comprehensive shutdown and rectification measures and actively cooperated with the government for transformation. But by the end of 2019, there were already small and medium-sized enterprises that could no longer sustain themselves. If they continued to endure, the enterprises would be dragged down.

We have received two ST (delisting risk warnings) on the Shanghai Stock Exchange and are the only company in the Chinese capital market that has been ST due to policy changes twice in a row. Last year, we relied on inventory to generate some income, but this year we have been continuously losing money. We have to spend 34 million yuan per month, and ordinary employees can only earn over 1000 yuan in basic wages to make ends meet A senior executive told reporters that their dye products have always led the industry in terms of competitiveness and profitability. However, since 2020, due to the prolonged shutdown and rectification period, the company has started to incur high liabilities. In emergency situations, they can only rely on high interest loans from non-financial institutions to survive.

More seriously, our dozens of products have a market share of 30% to 70% in the global market, and are companies with dominant market positions and pricing power. Over two years of downtime and production stoppages have led to prices skyrocketing several times, strengthening competitors in industries such as India and Southeast Asia, and the industry chain is shifting overseas, "the executive said.

During the interview, the reporter learned that small businesses have a harder time, and currently, most of the "two irrigation" small businesses are forced to close. The production workshop equipment of Lianyungang Mike Biotechnology Co., Ltd., Lianyungang Ruikun Chemical Industry Co., Ltd., and Jiangsu Zhongdian Chemical Co., Ltd. (hereinafter referred to as "Zhongdian Company") in the Guanyun County Chemical Industry Park has also been forcibly dismantled. After administrative reconsideration, the government of Guanyun County has confirmed that the forced demolition of China Dyeing Company is illegal, and the next step will be to initiate compensation applications.

 

Contradiction: Failure to meet the target of closing the enterprise and not accepting resumption of production review

The reporter learned that a government official in Lianyungang City clearly requested at the economic situation analysis meeting in April 2019 that the number of closed enterprises must be taken as an assessment indicator for the "two irrigation" system; The person in charge also instructed in the document that "the municipal government will not accept reports from relevant counties (districts) regarding resumption of production audits before the completion of the closure of the enterprise schedule

This also means that the resumption of production work must be based on completing the target of closing enterprises. If the number of closed enterprises cannot be completed, even if some enterprises meet the acceptance conditions, they cannot resume work and production.

The Publicity Department of Lianyungang Municipal Party Committee clearly stated in a written reply to reporters that effectively closing enterprises is an important task, and closing substandard chemical enterprises must be completed without compromise. Request that the resumption of production work and the closure work be carried out simultaneously, and the closure work should not be delayed due to the resumption of production work.

The response also mentioned that by August 2020, the closure of enterprises in the chemical park had only completed about 40%, far behind the schedule. According to the instructions of the aforementioned leaders, the county cannot apply for resumption of production review to the city until the completion of the closure schedule.

This kind of response makes people doubt whether it is important to stop work or resume production. In the face of the overall situation of "six guarantees" and "six stability", is this simple and rough "one size fits all" approach that disregards objective facts advisable?

The safety issues in chemical industrial parks can be divided into major safety issues and general issues. If there are major safety issues that require production suspension and rectification, we will resolutely implement them. However, if it is only a general issue, is it necessary to require all production suspension? Except for the enterprises in the 'two irrigation' parks, so many chemical enterprises in Jiangsu Province have a general problem of production and rectification at the same time, which is a different concept from the concept of all production suspension and rectification A person in charge of the enterprise pointed out.

The 3.21 Tianjiayi accident is a case in point. What is the reason for other enterprises to demand that all nearby enterprises' sit together 'due to problems? It's like a neighbor's village where a household's kitchen catches fire and demands that all nearby households are not allowed to cook in the kitchen. Is there a reason for this? The enterprise is a legally established business entity approved by the government and has the right to independently and normally carry out production and operation. Of course, if the enterprise has illegal activities, the government can follow this principle Dispose of according to law, punish according to regulations, and even suspend production for rectification. But in the absence of any violations of laws or regulations, it is a typical 'one size fits all' approach, which is overcorrected, and even a form of laziness in government A person in charge of an unnamed enterprise in the park told reporters in an interview.

Lu Kaifu, Director of the Management Committee of Guannan County Chemical Industry Park, told reporters that according to the requirements of the city, two-thirds of the enterprises in the park have been closed since 2017. Currently, there are only 25 enterprises that continue to stop production for rectification and are waiting for resumption of production and acceptance. In recent years, the county finance has successively invested nearly 3 billion yuan to rectify the pollution, safety and other infrastructure of the park, ranking among the top in the comprehensive ranking of the city's parks. The remaining 25 enterprises in the park are currently unable to resume work, and the park management committee is also anxious.

The enterprise has actively applied for resumption of production and acceptance multiple times, but there is no follow-up

Starting from the end of 2019, many enterprises have actively approached relevant departments and leaders, hoping to approve the resumption of work as soon as possible.

The 12 enterprises under the Yabang Group are all located in the Guannan County Chemical Park, among which the listed company Yabang Co., Ltd. has 9 subsidiaries and is the largest enterprise in the park. In 2002, 18 years ago, "Liangguan" was still a poverty-stricken county with an average annual tax revenue of less than 100 million yuan. Xu Xiaochu, the chairman of Yabang Group, who started in Changzhou, transferred the chemical industry to Guannan County, Lianyungang City. He himself was also named a "model figure in Jiangsu Province's north-south cooperation" for this. In a sense, Xu Xiaochu is a pioneer of the Guannan Chemical Industry Park and a person who has made outstanding contributions to the local economic construction.

On December 17, 2019, Xu Xiaochu and the heads of several other enterprises brought a joint report from 33 enterprises requesting the Lianyungang Municipal Government to carry out production resumption and acceptance as soon as possible to Lianyungang City and found the Secretary of the Lianyungang Municipal Party Committee. The secretary opened the door to welcome the guests, carefully listened to the demands of the enterprise, gave comfort, and immediately instructed the deputy mayor in charge to "immediately carry out production resumption and acceptance according to the opinions of the municipal party committee".

The next day, the Guannan County government received a notice from the city to carry out resumption of production and acceptance, and relevant departments came to relevant enterprises for acceptance. A month later (January 20, 2020), a public announcement was released online by the Guannan County Government that four enterprises had passed the acceptance inspection. Production can resume only after the final approval by the city.

Surprisingly, the county has accepted the inspection and made it public, but the enterprise has been delayed in receiving notification that it can resume production. Even more strange is that not receiving the resumption notice does not count. Three months after the county submitted the acceptance materials for review in the city, the relevant departments in the city only conducted a review of one enterprise and proposed a rectification list. Afterwards, the enterprise carried out rectification according to the requirements and applied for acceptance multiple times, but there was no further explanation.

The State Council inspection team has pointed out twice that there is indeed a "one size fits all" problem

As early as December 2019, the State Council's supervisory group clearly pointed out during their supervision of the shutdown and rectification of enterprises in the "Two Irrigation" park in Lianyungang that the government's regulatory methods and means were single, and there was a "one size fits all" phenomenon. After accidents or media exposure, they demanded that all production be stopped. Although a resumption of production acceptance work procedure was established, there were very few actual resumption of production enterprises. At present, a large number of enterprise equipment and facilities in the "Two Irrigation" park have been suspended for a long time, resulting in a significant loss of migrant workers and posing significant safety risks.

The reporter noticed that the General Office of Jiangsu Province has recently issued another notice on the key issues of concern to the State Council's supervision group, which requires clear acceptance standards and completion time limits for the rectification of chemical enterprises that have ceased production in the "two irrigation systems", and to complete the rectification before November 10, 2020.

Since the beginning of this year, under the impact of the COVID-19 and the influence of external uncertainties, the domestic economic growth has slowed down significantly, the pressure on business operations is huge, the employment problem is very prominent, and the fiscal revenue has declined. The central government has proposed "six guarantees" on the basis of "six stability". The just concluded Fifth Plenary Session of the 19th Central Committee once again clarified the conference spirit of "solidly doing a good job in 'six stability' work and comprehensively implementing the 'six guarantees' task", reflecting the central government's responsibility and responsibility for the current difficulties encountered in the domestic economy.

During the interview with the reporter in Lianyungang City, both the person in charge of the Chemical Industry Park Management Committee of Guannan County and the relevant leaders of the municipal and county-level Industrial and Information Technology Bureaus clearly stated that they all hope that the enterprise can resume work and production as soon as possible. As long as the enterprise meets the conditions for resumption of production, they will immediately inspect and resume production. Many companies have stated that since April this year, they have submitted multiple applications for resumption of production and acceptance to relevant departments such as the management committee and county government, but have been unable to receive a response.

Since all departments hope that the enterprise can resume production as soon as possible, and the enterprise is also taking turns to rectify and actively apply, why is there no one to inspect? What exactly is the problem at?

State Council: Cancel all unnecessary law enforcement! Check up to 2 times a year! There are 23 situations where penalties can be waived!

In recent days, many places have once again criticized the "one size fits all" issue in the ecological environment.

According to the Ministry of Ecology and Environment, the Ministry has reviewed and approved in principle the report on the special rectification work for ecological and environmental issues that are strongly reflected by the public, such as inaction in ordinary times and the "one size fits all" problem in emergency situations. The Ministry of Ecology and Environment emphasizes that 'one size fits all' is not suitable for all problems. Once similar situations are found, it is absolutely unacceptable to investigate them together; The "one size fits all" approach mainly refers to the problems caused by inadequate work style and inadequate abilities, which should be addressed at a deeper level.

This year, the General Office of the State Council issued a notice on the comprehensive administrative law enforcement issues of ecological environment protection. Steadily advancing the comprehensive administrative law enforcement reform of ecological environment protection, coordinating administrative law enforcement functions and allocation of law enforcement resources. Effectively solve the problem of multiple and multi-level duplicate law enforcement, and strictly regulate fair and civilized law enforcement.

 

Responding to new policies in multiple places

Jiangsu: Conduct a maximum of 2 environmental inspections per year! Reduce accidental inspections

The Jiangsu Provincial Department of Ecology and Environment recently released the "Opinions on Strengthening the Protection of Enterprise Property Rights in Ecological Environment Supervision and Management", which protects enterprise property rights by not interfering with law-abiding enterprises., Exempt benchmarking enterprises and completely prohibit environmental protection.

 

The Opinion proposes that the ecological and environmental departments of provinces and cities should concentrate and strengthen supervision based on the actual overall plan. In principle, it should not exceed twice a year to reduce unnecessary inspections and spot checks on enterprises.

The Opinion also strictly controls the number of special actions and proposes that in principle, no more than 6 special law enforcement actions should be carried out annually, and regions and cities should not be overweight or reorganized.

In areas with prominent environmental pollution and strong public response, we will resolutely investigate and handle them in accordance with the law. Avoid "attack" repairs or shutdowns.

 

Shandong: Released "Nine Measures to Strictly Prohibit One Size fits All"

The notice issued by Shandong Province on the Nine Measures to Prohibit "One size fits all" in Safety Production Law Enforcement clearly states that in principle, enterprises are not required to suspend work or production. After a safety production accident occurs, in principle, the simplified handling method of "one enterprise and other similar enterprises stopping production for rectification accidents" is not adopted.

 

Jinan City: Regulations to Reduce or Exempt 16 Environmental Administrative Penalties

This year, the Ecological Environment Bureau of Jinan City issued the "Implementation Opinions on Reducing and exempting Administrative Penalties (Implementation)", which stipulated 16 situations for reducing and exempting environmental administrative penalties, ranking first in the country. The "Opinions" shall come into effect from the date of issuance and shall be valid for one year.

The Opinion points out that the illegal behavior is minor and can be corrected in a timely manner without causing harmful consequences, and can be exempted from punishment. It specifies ten situations that can be exempted from administrative punishment, including: units that have not approved construction, units and individuals that invested before inspection, units that exceed pollution emission standards, scattered polluting enterprises, and some illegal behaviors that do not have monitoring points and sampling monitoring platforms, can be exempted from taxation. If they meet certain conditions, they will not be punished.

Identify 10 types of exemption from punishment

The Opinion points out that if the illegal behavior is minor and corrected in a timely manner, and does not cause harmful consequences, it can be exempted from punishment. It also specifies 10 situations that can be exempted from administrative punishment, including units and individuals that have not been approved for construction, units and individuals that have not been inspected for investment, units that have exceeded the standard for pollutant discharge, scattered pollution enterprises, and some illegal situations that have not set up monitoring points and sampling monitoring platforms, which can be exempted from punishment if certain conditions are met.

One is the construction project that has not been approved for construction, that is, the construction project that should be prepared with an environmental impact report or report form. If the project is not approved for construction but is in the construction stage and no pollutants are generated, the enterprise actively stops construction or restores its original state;

The second is for those who have not been inspected and invested by the unit, that is, the environmental impact assessment documents of the construction project have been approved, the supporting environmental protection facilities have been completed and operate normally according to the requirements of the environmental impact assessment, the pollutants have been discharged up to standard, and the construction project has been put into production or use without acceptance. After being ordered to make corrections, the acceptance has been completed within the specified time limit and requirements;

The third is for individuals who have not been inspected and put into operation, and whose directly responsible supervisors and other responsible personnel have been transferred or are not responsible for the work due to other legitimate reasons. If the directly responsible supervisors and other responsible personnel are responsible for the work for no more than 6 months and actively stop production, and are actively promoting it, the individual will be exempted from punishment.

The fourth is for those who exceed the standard in emissions, that is, those who exceed the standard in emissions of atmospheric and water pollutants, but the exceeding multiple is ≤ 0.1 times, or those with pH values greater than or equal to 5 but less than or equal to 10, or those with noise exceeding the standard within 1 decibel, and complete rectification and meet the standard the next day, they can be exempted from punishment.

Fifth, enterprises that have self cleaned up "scattered and dirty" shall be exempted from punishment.

Sixth, for some illegal behaviors, failure to set up monitoring points and sampling monitoring platforms in accordance with regulations and monitoring standards, first discovered and ordered to rectify within the prescribed time limit and requirements;

Seventh, failing to keep original monitoring records of industrial waste gas emissions in accordance with regulations, and being ordered to rectify and complete the rectification in a timely manner;

Eighth, those who fail to carry out risk assessment, environmental safety hazard investigation and treatment, emergency plan filing, emergency training, reserve necessary environmental emergency equipment and materials, and disclose relevant information of sudden environmental events in accordance with regulations, and have not experienced any sudden environmental events within three years, shall be ordered to rectify and complete the rectification in a timely manner;

9. Those who have not established environmental protection management systems and operational regulations, established and maintained environmental management accounts, or whose records are incomplete, have been ordered to rectify and complete the rectification in a timely manner;

The tenth is that the illegal behavior is minor and promptly corrected, without causing harmful consequences.

 

Identify 6 mitigating punishment scenarios

The Opinion stipulates that administrative penalties should be mitigated in accordance with the law in six situations, including those who voluntarily eliminate or mitigate the harmful consequences of illegal activities after inspection of small and micro enterprises, those with small exceedance multiples, those with sudden failures or maintenance of pollution prevention and control facilities, and those with effluent exceeding the standard due to exceeding the inlet water concentration of urban domestic sewage treatment plants. If certain conditions are met, the punishment can be reduced below the statutory minimum penalty amount, But generally not exceeding 50% of the minimum penalty amount. It is reported that there is no precedent in the country for municipal level regulations to reduce penalties.

Firstly, small and micro enterprises that voluntarily eliminate or mitigate the consequences of illegal activities after inspection;

The second is that the daily average of online monitoring exceeds the standard or the instantaneous value of manual monitoring exceeds the standard, with exceeding multiples greater than 0.1 times but both ≤ 0.3 times. The total emission is relatively small, and timely rectification is completed and emissions meet the standard;

Thirdly, if pollution prevention and control facilities need to be stopped due to sudden malfunctions, but due to production processes, safety production, and livelihood security reasons, production facilities cannot be shut down or pollution prevention and control facilities need to discharge pollutants before resuming use, they should report to the competent department of the ecological environment within 24 hours after the malfunction occurs, and promptly repair and eliminate the malfunction, but still exceed the standard of pollutant discharge;

The fourth is that the production facilities operate continuously and uninterrupted, and the annual maintenance plan has been submitted to the ecological and environmental department, and necessary emission reduction measures have been taken. During the maintenance, pollutants are discharged beyond the standard;

Fifthly, if the effluent concentration of urban domestic sewage treatment plants exceeds the standard due to excessive influent concentration, it is immediately reported and measures are taken to mitigate the harmful consequences.

Sixth, other administrative penalties that should be mitigated in accordance with the law.

 

Exemption from punishment directly affected by the epidemic

In addition, the Opinion points out that force majeure is exempt from punishment, which means that environmental violations caused by force majeure will not be punished.

The Opinion clearly states that for those who are directly affected by epidemic prevention and control, have minor environmental violations that have been corrected in a timely manner and have not caused environmental harm consequences, they will not be punished, and they will be urged to rectify as soon as possible.

 

Strict reduction procedures

Reducing or exempting administrative penalties is a significant discretionary power that needs to be regulated and restricted through procedures. The Opinion stipulates the review procedure for exemption, that is, if the ecological environment department discovers that the party involved is suspected of environmental illegal behavior, based on the illegal facts and circumstances, and after collective research, the illegal behavior that meets the provisions of the Opinion can be mitigated or exempted from punishment.

According to the Opinion, if the facts are clear and the illegal behavior is minor, and it is found through investigation that the exemption from punishment meets the provisions of the Opinion, the investigation department shall collectively study and decide and report to the responsible leader for approval before exemption from punishment.

For complex and significant illegal acts or those with a reduction of more than 50% of the minimum penalty amount, opinions on reducing or exempting punishment shall be proposed in the investigation conclusion proposal according to regulations. After approval by the case review committee of the municipal bureau or sub bureau, the decision on reducing or exempting administrative punishment can be made.

 

Strictly enforce the responsibilities of law enforcement personnel

At the same time, the Opinion clarifies the handling of dereliction of duty and abuse of power. If law enforcement personnel neglect their duties and fail to stop or punish illegal acts that should be stopped or punished, resulting in serious damage to the legitimate rights and interests, public interests, and social order of citizens, legal persons, or other organizations, the directly responsible supervisory personnel and other directly responsible personnel shall be given procedural administrative sanctions in accordance with the law; If the circumstances are serious enough to constitute a crime, criminal responsibility shall be investigated by competent authorities in accordance with the law.

Related links:

Background for formulating the Opinion

One is the need for legal administration. Article 27 of the Administrative Penalty Law of the People's Republic of China stipulates the basic provisions for reducing and exempting administrative penalties in accordance with the law. However, this provision is relatively principled and has a large space for discretionary power. In practice, it is necessary to refine and clarify this provision, regulate and constrain the exercise of discretionary power, avoid the arbitrariness and arbitrariness of administrative penalties and the occurrence of "different punishments for the same case", and minimize human intervention to the greatest extent.

The second is the need to regulate law enforcement. In May last year, the Ministry of Ecology and Environment issued the "Guiding Opinions on Further Regulating the Discretionary Power of Environmental Administrative Penalties" (Environmental Law Enforcement [2019] No. 42), and the Provincial Department of Ecology and Environment also formulated the "Shandong Province Ecological Environment Administrative Penalty Discretionary Benchmark Application Regulations", which will be implemented on July 1 this year. The regulations of the Provincial Department of Ecology and Environment also authorize various municipal ecological and environmental supervisory departments to determine a list of minor ecological and environmental violations and exemptions in the local area based on the situation, and publish and implement it to the society. From the perspective of our city's situation, it is also necessary to further refine the regulations on reducing or exempting administrative penalties based on our actual situation.

The third is the need for the development of the situation. The pressure to improve environmental quality in our city is enormous. The task of developing a modern international metropolis centered on the goal of building a "strong, beautiful, and prosperous" city is also exceptionally heavy. Against this backdrop, it is required that ecological environment law enforcement not only strictly enforce the law, but also provide enthusiastic services, and be inclusive and cautious. The guidance of the Ministry of Ecology and Environment only stipulates in principle the reduction and exemption, and the regulations of the Provincial Department of Ecology and Environment only specify eight situations of exemption from punishment, without involving the reduction. Our city urgently needs to develop clear, easy to use, and operable reduction and exemption regulations. By further refining the provisions on reducing or exempting administrative penalties, the aim is to reflect the spirit of combining leniency with severity and equivalent punishment. It encourages and guides enterprises to correct minor illegal behaviors in a timely manner, which is conducive to improving the legal administrative ability and level of our city's ecological and environmental authorities. It is also an important measure for the ecological and environmental departments to concentrate their efforts and accurately crack down on malicious and serious illegal behaviors. It is also an important measure for the ecological and environmental departments to optimize the service and business environment.

Hebei: Rough law enforcement is strictly prohibited, and it is prohibited to stop it for a while!

It is reported that the Office of the Leading Group for Air Pollution Prevention and Control in Hebei Province has released the "One size fits all" special work plan in the field of ecological environment in Hebei Province. By the end of this year, special work will be carried out in Hebei Province to strictly prevent and control the "one size fits all" problem in the ecological environment.

Taiyuan City: Clearly No Punishment for 7 Acts

The Taiyuan Ecological Environment Bureau has released the "Catalogue List of No Administrative Penalties for Minor Illegal Business Behaviors in the Market and Reduced Administrative Penalties for General Illegal Behaviors", which clearly states that no penalties will be imposed on 7 types of behaviors.

Non punishment refers to the process of law enforcement inspections conducted by the ecological environment department, where the administrative counterpart has no subjective intention and, after receiving criticism, education, warning and guidance, commits a minor offense for the first time, or orders rectification, and orders timely rectification. If no counterpart has caused harmful consequences, the ecological environment department will no longer impose fines.

 

The Concept and Application of No Punishment

No punishment refers to the situation where the ecological environment department, during the process of law enforcement inspections, determines that the administrative counterpart has no subjective intention and has committed minor violations for the first time. After criticism, education, warning guidance, or order for rectification, the counterpart promptly and proactively corrects without causing harmful consequences, the ecological environment department will no longer impose fines or penalties.

When there are separate provisions in relevant laws and regulations, decisions can be made based on such provisions, such as ordering correction, ordering correction within a specified time limit, and not imposing penalties; When there are no separate provisions in relevant laws and regulations, decisions on not to impose punishment or other measures shall be made in accordance with the relevant provisions of the Administrative Penalty Law of the People's Republic of China.

Illegal behavior 1

The behavior of the construction unit not submitting and approving the environmental impact assessment documents of the construction project in accordance with the law or starting construction without approval of the environmental impact assessment documents

Conditions for no punishment:

1. The environmental impact report and report form of the construction project should be submitted for approval. The project is in the equipment installation stage without approval, and has not caused environmental pollution consequences. Moreover, the enterprise actively implements shutdown or suspension of construction.

2. The construction unit failed to file the environmental impact registration form for the construction project in accordance with the law, and was able to complete the registration within the specified time limit without causing pollution consequences.

 

Legal basis

Article 31 of the Environmental Impact Assessment Law of the People's Republic of China

If a construction unit fails to submit for approval the environmental impact report or report form of a construction project in accordance with the law, or fails to reapply or reapply for re examination of the environmental impact report or report form in accordance with the provisions of Article 24 of this Law, and starts construction without authorization, the environmental protection administrative department at or above the county level shall order the cessation of construction, and impose a fine of not less than 1% but not more than 5% of the total investment of the construction project based on the illegal circumstances and harmful consequences, And may order restoration to its original state; Administrative sanctions shall be imposed on the supervisors and other directly responsible personnel of the construction unit in accordance with the law.

If the environmental impact report or report form of a construction project is not approved or has not been re reviewed and approved by the original approval department, and the construction unit starts construction without authorization, punishment and punishment shall be imposed in accordance with the provisions of the preceding paragraph.

If the construction unit fails to file the environmental impact registration form for the construction project in accordance with the law, the environmental protection administrative department at or above the county level shall order the filing and impose a fine of not more than 50000 yuan.

Illegal behavior 2

Emission of pollutants exceeding the pollutant discharge standards

Conditions for no punishment:

1. The excessive discharge of water pollutants shall not exceed 2 hours, and the exceeding multiple shall be less than 0.1 times, and the daily sewage discharge shall be less than 0.1 tons (excluding Class I pollutants).

2. The excessive emission of atmospheric pollutants does not exceed one hour, and the hourly exhaust volume is less than 500 standard cubic meters, and the pollutant emissions are less than 0.5 tons.

Legal basis

Article 83 (2) of the Law of the People's Republic of China on the Prevention and Control of Water Pollution, which violates the provisions of this Law and commits one of the following acts, shall be ordered by the competent environmental protection department of the people's government at or above the county level to make corrections or to restrict production or suspend production for rectification, and shall also be fined not less than 100000 yuan but not more than 1 million yuan; If the circumstances are serious, with the approval of the people's government with approval power, it shall be ordered to suspend business or close down: (2) discharging water pollutants beyond the water pollutant discharge standards or the total amount control indicators of key water pollutants;

Article 99 (2) of the Law of the People's Republic of China on the Prevention and Control of Air Pollution, which violates the provisions of this Law and commits one of the following acts, shall be ordered by the competent environmental protection department of the people's government at or above the county level to make corrections, restrict production, suspend production for rectification, and shall also be fined not less than 100000 yuan but not more than 1 million yuan; If the circumstances are serious, with the approval of the people's government with approval power, it shall be ordered to suspend business or close down: (2) discharging atmospheric pollutants beyond the emission standards of atmospheric pollutants or the total emission control indicators of key atmospheric pollutants;

Illegal behavior 3

Administrative penalties for key pollutant discharge units not disclosing or not disclosing environmental information truthfully

Conditions for no punishment:

Key pollutant discharge units that fail to disclose relevant environmental information within 90 days after the announcement of the list of key pollutant discharge units by the ecological environment department or within 30 days after changes in environmental information are discovered and can be corrected within the specified time limit

 

Legal basis

Article 16 of the Measures for the Disclosure of Environmental Information of Enterprises and Institutions

If a key pollutant discharge unit violates the provisions of these Measures and commits one of the following acts, the competent environmental protection department at or above the county level shall, in accordance with the provisions of the Environmental Protection Law of the People's Republic of China, order it to be made public, impose a fine of not more than 30000 yuan, and make a public announcement: (1) failing to disclose or disclose environmental information in accordance with the provisions of Article 9 of these Measures.

Illegal behavior 4

Emissions of pollutants through regulatory evasion

Conditions for no punishment:

The abnormal operation of pollution prevention and control facilities by pollutant discharge units is not subjective and intentional, and can be reported to the competent department in a timely manner and corrected in a timely manner

Legal basis

1. Article 99 of the Law of the People's Republic of China on the Prevention and Control of Air Pollution: Those who, in violation of the provisions of this Law, commit one of the following acts shall be ordered by the competent environmental protection department of the people's government at or above the county level to rectify or restrict production, suspend production for rectification, and shall also be fined not less than 100000 yuan but not more than 1 million yuan; If the circumstances are serious, with the approval of the people's government with approval power, it shall be ordered to suspend business or close down: (3) Discharging atmospheric pollutants by evading supervision.

2. Article 83 of the Law of the People's Republic of China on the Prevention and Control of Water Pollution: Anyone who violates the provisions of this Law and commits one of the following acts shall be ordered by the competent environmental protection department of the people's government at or above the county level to make corrections, or to restrict or suspend production for rectification, and shall also be fined not less than 100000 yuan but not more than 1 million yuan; If the circumstances are serious, with the approval of the people's government with approval power, the company shall be ordered to suspend business or close down: (3) using seepage wells, seepage pits, cracks, karst caves, privately setting up hidden pipes, tampering or forging monitoring data, or improperly operating water pollution prevention and control facilities to discharge water pollutants in ways that evade supervision;

Illegal behavior 5

Administrative penalties for behaviors such as not setting up hazardous waste identification signs

 

Conditions for no punishment:

Those who can be corrected within the specified time limit after discovery without causing harmful consequences

Legal basis

Article 75 of the Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste

Anyone who violates the provisions of this Law on the prevention and control of environmental pollution by hazardous waste and commits one of the following acts shall be ordered by the administrative department of environmental protection of the people's government at or above the county level to stop the illegal act, make corrections within a time limit, and be fined: (1) failing to set up hazardous waste identification marks;

Illegal behavior 6

Failure to file emergency plans for sudden environmental incidents as required

Conditions for no punishment:

Those who can be corrected within the specified time limit after discovery without any pollution consequences

Legal basis

Article 38 of the Emergency Management Measures for Sudden Environmental Events

Enterprises and institutions that fall under one of the following circumstances shall be ordered to make corrections by the competent environmental protection department at or above the county level, and may be fined not less than 10000 yuan but not more than 30000 yuan: (3) Failure to file emergency plans for sudden environmental events in accordance with regulations

Illegal behavior 7

Administrative penalties for discharging pollutants without obtaining a pollution discharge permit in accordance with the law

Conditions for no punishment:

Pollutant discharge units should fill out the pollution discharge registration form without filling it out, and if they are able to correct it within the specified time limit without any pollution consequences occurring

Legal basis

Article 57 of the Measures for the Administration of Pollutant Discharge Permits (Trial)

If a pollutant discharging unit discharges pollutants without a pollution discharge permit, the competent environmental protection department at or above the county level shall, in accordance with the provisions of the "Air Pollution Prevention and Control Law of the People's Republic of China" and the "Water Pollution Prevention and Control Law of the People's Republic of China", order it to make corrections or order it to restrict or 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, with the approval of the people's government with approval power, it shall be ordered to suspend business or close down: (1) Those who should have applied for a pollution discharge permit according to law but did not apply for it, or who have not obtained a pollution discharge permit after applying for it, discharge pollutants;

Related News


Environmental Information Disclosure Form for Enterprises and Institutions

1、 Basic Information 2. Discharging Information Note: The total emissions of the receiving enterprise are calculated based on the emission concentration at the discharge outlet. The approved total emissions refer to the emissions approved by the environmental protection department. 3、 Construction and Operation of Pollution Prevention and Control Facilities 4. Environmental Impact Assessment of Construction Projects and Other Environmental Protection Administrative Permits 5. Emergency Plan for Sudden Environmental Events 6. Environmental Self Monitoring Plan 1. Basic Information (1) Enterprise Overview Jiangsu Huayang Nylon Co., Ltd. is a high-tech enterprise mainly engaged in the production, sales, and service of polymer new materials, engineering plastics, nylon plastic parts, and polyester yarn. Huayang nylon


02 Environmental Information Disclosure Form for Enterprises and Institutions - According to the New Pollutant Discharge Permit

Unit name: Jiangsu Huayang Nylon Co., Ltd Registered address: Maozhuang Village, Duntou Town, Hai'an City, Nantong City, Jiangsu Province Industry category: Nylon fiber manufacturing, boilers


European investment bank postpones decision on whether to suspend financing of fossil fuel projects

The bank's president, Werner Hoyer, urged the bank to take the lead in funding sustainable projects and proposed in July to stop issuing fossil fuel loans before the end of 2020.


Raw material prices skyrocket, and Angang Steel expects net profit to decrease by 70% in the first three quarters

Since January of this year, iron ore prices have skyrocketed due to the impact of a dam collapse in Vale, as well as two other major iron ore suppliers, BHP Billiton and Rio Tinto, which reduced their shipments due to the March hurricane.


Plastic film production process

Plastic film production process: There are various methods for forming and processing plastic films, such as rolling, tape casting, blow molding, stretching, etc. In recent years, biaxially stretched films have become the focus of attention. In the future, biaxial stretching technology will develop more towards special functional films, such as thick film stretching, thin film stretching, and multi-layer co extrusion stretching.


Review of the Domestic PE Plastic Raw Material Market

The domestic PE market has been continuously declining this month, and it was consolidated at the end of the month. At the beginning of the month, although linear futures strengthened, the support for the spot market was limited.