New environmental protection law sounds alarm for illegal enterprises

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Abstract "The newly revised "Environmental Protection Law" will be officially implemented on January 1 next year. Sewage enterprises should be prepared. Don't wait until the people in the environmental protection department check the door and say they don't know." Before the China Environmental Journalists Association Held...
"The newly revised "Environmental Protection Law" will be officially implemented on January 1 next year. Sewage companies must step up preparations. Don't wait until the people in the environmental protection department check the door and say they don't know." The China Environmental Journalists Association recently held At the symposium on the implementation of the newly revised Environmental Protection Law (hereinafter referred to as the New Environmental Protection Law), Li Wei, deputy researcher of the Punishment Division of the Environmental Protection Bureau of the Ministry of Environmental Protection, reminded enterprises.

At the meeting, Wang Hao, Director of the Department of Justice and Law of the Ministry of Environmental Protection, introduced the main contents, characteristics and highlights of the new environmental protection law, and explained the issues concerning the supervision and management of polluting enterprises. Representatives from Beijing Bishuiyuan Technology Co., Ltd., Tianhao Energy Saving Technology Co., Ltd. and other companies put forward targeted suggestions on how to implement the new environmental protection law.

Increased penalties for illegal costs

On April 24, 2014, the 8th meeting of the Standing Committee of the 12th National People's Congress voted to approve the revised draft of the Environmental Protection Law. According to the regulations, the new environmental protection law will be implemented from January 1, 2015.

Industry experts said that the new environmental protection law defines the rights and obligations of the government, environmental protection administrative departments, enterprises and citizens, and puts forward clear requirements for environmental protection work of decision-making bodies, regulatory departments and all sectors of society, and solves the original environmental protection. The problems of unclear responsibilities and ambiguous authority of the law have achieved the matching of powers and responsibilities, which is conducive to fundamentally improving the effectiveness and authority of the environmental protection law.

The brightest point of the policy is that the new environmental protection law has added a series of clauses such as continuous punishment on a daily basis, seizure and seizure, and limited production and production suspension. In particular, the daily penalty clause will completely change the “criminal cost of the enterprise that has been criticized before. The history of high law-abiding costs.

Liu Guozheng, secretary-general of the China Environmental Journalists Association, told reporters that the revision of the law has radicalized the dysentery that has softened the responsibility of corporate pollution prevention and control in the past, and increased penalties to allow polluters to bear the cost of polluting the environment.

Wang Wei explained that the illegal discharge of pollutant discharge enterprises will calculate the fine according to the number of illegal days, and will not be capped until the enterprise is corrected. An important innovation in the new environmental law is the establishment of the principle of “protection priority” and “damage responsibility”. Environmental protection is no longer compatible with economic development, but economic construction is coordinated with social development and environmental protection. The government, enterprises and the public are the three major responsible entities.

In order to ensure the effective implementation of the new law and make the provisions more operational, the Interim Measures for Continuous Penalty for Environmental Protection by Day, the Interim Measures for Enforcement of Environmental Protection and Seizure, and the Interim Measures for Restriction of Production and Discontinuation of Environmental Protection The four implementation rules, such as the Interim Measures for the Disclosure of Environmental Information of Enterprises and Institutions, have recently been publicly solicited for comments and will be issued during the year.

According to the implementation rules, illegal sewage companies will not only be fined, but also responsible personnel will be punished by administrative detention. If they are hazardous wastes, they will be held criminally liable. Li Wei said, "Some business executives are not afraid of fines, but if they limit their personal freedom, the losses can be big."

Regarding the current hidden problems of corporate illegality, Wang Wei said, "Some enterprises have buried sewage pipes and they have not been able to find them." In this regard, the reporter noted that in the implementation rules, some enterprises have passed the concealed The practice of infiltrating wells, seeping pits, infusing or tampering, forging monitoring data, or illegal operation of pollution prevention facilities, such as evading supervision, illegally discharging pollutants, and the relevant implementation rules clearly require strict punishment according to the corresponding measures prescribed by law.

In addition, the environmental protection department will also set up a blacklist system, and the company's illegal information will be incorporated into the integrity file. In the listing, financing and other aspects will be severely restricted. Wang Wei revealed that the Ministry of Environmental Protection is standardizing and refining the relevant work and the NDRC and other departments.

Advocating and advising enterprises to respond actively

"To effectively implement the new environmental protection law, the main role of the enterprise should not be underestimated." Cheng Yawei, deputy secretary general of the China Environmental Journalists Association, said in an interview that enterprises should establish the concept of environmental protection itself and actively learn the new environmental protection law. , get ready early.

At the same time, as the director of the Office of Environmental and Social Responsibility Investigation of listed companies, Cheng Yawei put forward higher requirements and hopes for listed companies to implement the new law. He said that as an industry benchmarking company, listed companies should take the initiative to assume social responsibilities. Industry backbone enterprises, especially listed companies, should strengthen their own construction and set an example for other enterprises in strict law-abiding and environmental protection.
"As a company, we are more concerned about what the implementation of the new environmental protection law means to us, what kind of development opportunities, what companies can do." Deng Qun, deputy general manager of Tianhao Energy Saving Technology Co., Ltd. told reporters.

Deng Qun suggested that green lists and green catalogues in the field of energy conservation and environmental protection should be introduced as soon as possible, especially for energy conservation and environmental protection projects in key areas such as Beijing, Tianjin and Hebei, which can simplify the approval process and reduce the use of free. It is recommended to set up a special investment and development fund for energy saving and emission reduction in Beijing-Tianjin-Hebei, promote the construction of a market-based carbon emissions trading system, establish a Beijing-Tianjin-Hebei Green Carbon Emissions Trading Bank, and use the CDM mechanism to conduct mandatory carbon emissions trading in the three places and encourage the Clean Development Mechanism to Implementation and realization of the Beijing-Tianjin-Hebei region.

In response to innovative models such as contractual environmental services, Deng Qun suggested that incentive policies similar to contract energy management be introduced to promote social third-party environmental service companies to develop environmental services, incite social capital, and promote the rapid development of energy-saving and environmental protection industries.

"In addition to increasing law enforcement efforts, pollutant discharge standards also need to be improved." He Pingping, deputy general manager of Beijing Bishuiyuan Technology Co., Ltd. suggested. He believes that at this stage, China's sewage treatment plant pollutant discharge standards are too low, it is recommended that according to the new environmental protection law, "the provinces, autonomous regions, municipalities directly under the central government, the national pollutant discharge standards have been stipulated in the project, can be formulated to be stricter than the national pollution The “Local Pollutant Emission Standards for Emission Standards” provisions improve local wastewater discharge standards in the “Three Rivers, Sanhu, Yijiang, Yiku” areas.

Cheng Yawei stressed to reporters: "There is also a major breakthrough in the new environmental protection law, which is the addition of the chapter 'Information disclosure and public participation'. This chapter stipulates that citizens, legal persons and other organizations enjoy environmental information, participation and supervision according to law. The right to environmental protection; also stipulates that key pollutant discharge units should truthfully disclose to the public the names, emission methods, emission concentrations and total emissions of the major pollutants, excessive discharges, and the construction and operation of pollution prevention facilities, and accept social supervision. ”

Cheng Yawei said that at present, many key pollutant discharge units, including listed companies, are still not in place in publicizing environmental information. There are problems of not publicizing, publicly in place, and concealing environmental information, especially environmental accident information. I hope that these enterprises attach great importance to and do a good job in the disclosure of environmental information, otherwise it is illegal. As a public enterprise, listed companies should take the lead in doing this work. “The China Environmental Journalists Association and member media will track the disclosure of environmental information by key polluting companies.”

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