The Environmental Protection Act Amendments of outstanding fines

Release time:2014-09-13      hits:

In view of the current environmental issues, the NPC Standing Committee in the legislative plan, has been to amend the environmental protection act as a top priority, soil pollution prevention and control law has been in the planning. In addition, this year will start to air pollution prevention law enforcement inspection, on this basis, consider amending the law, to provide a more powerful legal guarantee for governance haze. And the revision of the law on the protection of the environment will highlight the heavy penalties, the law after three trial has not yet put into implementation, and considered for better.

Atmospheric law is not involved in the PM2.5 need to amend the law is to control the air pollution and other environmental issues, a strong guarantee. It is understood that the current air pollution prevention act in 1987 promulgated the implementation, after the 1995, 2000 and two amendments. The revision of the new had been proposed in 2008, has been a difficult time and again. He Kebin, Dean of the Tsinghua University, School of environment, said, "the revision process dragged too long, for the 'old pollution of gradually resolved, the new pollution gradually' situation, we should have faster reaction."

China University of political science and Law Institute of civil and commercial law of environment and Resources Law Institute Professor Wang Canfa said that the current law on the prevention of air pollution have been incompatible with the pollution prevention and control situation. For example, in 2000, motor vehicle pollution is not very serious, have yet to be classified as the focus of the work of prevention and control of atmospheric pollution in addition, was not aimed at the prevention and treatment of fine particulate matter requirements, now haze in fine particulate matter has become the main cause.

"The amendment is indeed to speed, especially in the haze intensified today." Participated in many environmental protection laws formulation that revised Wang Canfa, amending the law in addition to the proposed governance should also will defense alliance controlled, the principles into one. From the causes of haze, area input interaction is an indisputable fact, no city, area can be spared. Regardless of is the key areas of air pollution prevention and control planning "or the last September released" atmospheric pollution prevention and control plan of action ", will be" joint prevention and control as an important means, but if in the prevention and control of atmospheric pollution. No corresponding provisions, regulations, planning, document lack legal support. Wang Canfa believes that the joint prevention and control of the thought not only for the prevention and control of, the relevant legal provisions, you can make better in the assessment and other aspects of the design.

"Beijing, Shaanxi and other places of prevention and control of local regulations, penalties have been given the number of templates, revision of the law on the prevention and control of atmospheric pollution may wish to absorb draw lessons from these experiences, make more easy to use." Wang Canfa suggestion.

Proposed legislation explicitly soil pollution publicity system, we pay attention to the soil pollution is not lower than the air pollution, after all, the soil with the people's rice bag, basket linked." Wang Canfa said.

From 2005 to 2012, the Ministry of environmental protection in conjunction with the relevant departments to investigate the situation of soil pollution, the end of the investigation, but the results have not been announced, subject to many aspects of the question. Not long ago, the State Council Information Office held a press conference, Zhai Qing, Vice Minister of environmental protection, said, subject to the conditions of the restrictions, the grid was designed to be very, very deep. The results of such a survey to grasp the situation of soil pollution from the macro, in particular, the quality of arable land is helpful, but can not understand the situation more accurate. After the end of the investigation, according to the recommendations put forward by experts, environmental protection departments are on some problems further verification. In addition, in some key areas, arable land in particular, environmental protection department is organizing a staff to carry out a detailed investigation.

Although there is no clear result of soil pollution, but many places have been exposed to the soil pollution incident has made people feel the grim situation of pollution.

Soil pollution sources are complex, and some because of the sewage irrigation, and some due to improper disposal of solid waste, and, where the chemical plant construction, soil pollution probability will increase significantly. Soil is the recipient of many pollution, such as the pollution caused by air pollution, sewage irrigation and infiltration, solid waste landfill, the soil is the victim". At present, although the existing water, air, solid waste and other pollution prevention and control special law on the prevention and control of soil pollution has certain effect, but still can not completely solve the problem. "Water, air, soil, and the same is an environmental factor, from this point of view, we also need a special law for the protection and management of soil." Wang Canfa said.

In the eyes of Wang Canfa, soil pollution prevention and control law should contain at least two aspects of content, first of all is how to prevent contaminants from entering the soil, for example, to make the strict limits on sewage irrigation, but also focus on remediation of existing pollution soil. "Heavy metals and other substances on the soil pollution, it is easy to enter the food chain, do a good job of existing pollution land repair work has become a top priority." Law, but also the need for information disclosure, which soil is contaminated, the extent to which the extent of pollution must be open and transparent.

It is understood that the twelve session of the National People's Congress recently announced the legislative plan, soil pollution prevention act was included in the first category of legislative projects. This year the environmental protection department will focus on promoting the work of soil pollution control, the preparation of the soil environmental protection and pollution control action plan and organize the implementation. In addition, will start the national soil pollution survey and soil environmental protection projects in the first batch of key projects, and actively promote soil pollution control and remediation.

Amendments to the environmental protection act will highlight the heavy penalties with respect to the atmosphere and soil such single environmental protection law, environmental protection law revision work is concern. Amendments to the environmental protection act has been included in the legislative plan of the NPC in 2014. Environmental law revised draft of the fourth fastest can be introduced in April this year.

It is understood, the current environmental laws in the 1979 trial, formally enacted in 1989, after 35 years. 2012, the National People's Congress launched a revision of the law of environmental protection.

When the National People's Congress, Guangdong Environmental Protection Bureau deputy director Chen recently a reporter's question, pointed out that environmental law amendment bill has increased for environmental violations punishment to clear the illegal units can be accrued daily penalty "rules. She explained, which means offenders punished, no correction is overdue, can according to the original penalty amount of daily consecutive penalties, and there is no upper limit. She told reporters that in the past, the process of punishment is cumbersome, evidence

Difficult enforcement is difficult, resulting in low cost of illegal enterprises, compliance costs are high, "daily penalty" no limit will reverse the situation of illegal and low cost.

At the same time, the environmental protection department to strengthen the enforcement of law. Environmental law amendment draft 3 trial to increase provisions, competent administrative department of environmental protection of the people's government at or above the county level and other bear responsibility for the supervision and management of environmental protection department can in accordance with seized under the provisions of the relevant laws, seizure production enterprises, institutions and other operators of illegal discharge of pollutants facilities and equipment. This means that the environmental protection department found illegal sewage, can immediately seal up, seize the sewage facilities, equipment, law enforcement power to get strengthened.

Fu Ying said that last year the National People's Congress has carried out the act second and third review, but did not put into the vote, ready to consider again this year. "Usually a law of three may be put to the vote. But the law also adds to the consideration, in order to better absorb the wisdom of the community, to absorb the views of all aspects of society, to better reflect the concerns of society. Hope to be able to effectively develop a high quality, effective use of new environmental protection law.

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