The Ministry of Ecology and Environment has issued the latest guidance catalogue for administrative law enforcement matters. What are the administrative penalties for air pollution?
Aug 28,2020
According to the relevant arrangements for deepening the reform of party and state institutions, in order to implement the requirements of the "Notice of the General Office of the State Council on Matters Related to Comprehensive Administrative Law Enforcement for Ecological Environmental Protection" (Guo Ban Han [2020] No. 18), and solidly promote the reform of comprehensive administrative law enforcement for ecological environmental protection, With the consent of the State Council, the Ministry of Ecology and Environment recently issued the "Guiding Catalogue of Comprehensive Administrative Law Enforcement Matters for Ecological Environmental Protection (2020 Edition) ".
Administrative Penalties for Excessive or Excessive Total Discharge of Air Pollutants
The competent department of environmental protection of the people's government at or above the county level may order it to take measures such as restricting production, suspending production for rectification; if the circumstances are serious, it shall be reported to the people's government with approval power and ordered to suspend business or close it.
The competent department of ecology and environment of the people's government at or above the county level shall order corrections or restrictions on production, suspend production for rectification, and impose a fine of not less than 100,000 yuan but not more than one million yuan; if the circumstances are serious, it shall be reported to the people's government with approval power and ordered to suspend business, close.
Administrative penalties for refusing to accept air pollution supervision and inspection or falsifying when accepting supervision and inspection
The competent department of ecology and environment of the people's government at or above the county level or other departments responsible for the supervision and management of atmospheric environmental protection shall order corrections and impose a fine of not less than 20,000 yuan but not more than 200,000 yuan; if it constitutes a violation of public security management, the public security organ shall punish it according to law.
The environmental protection department at or above the county level shall impose administrative penalties according to law; if it constitutes a violation of public security management, the public security organ shall impose public security penalties according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.
Administrative penalties for acts such as discharging air pollutants without obtaining a pollutant discharge permit in accordance with the law
The competent department of ecology and environment of the people's government at or above the county level shall order corrections or restrictions on production, suspend production for rectification, and impose a fine of not less than 100,000 yuan but not more than one million yuan; if the circumstances are serious, it shall be reported to the people's government with approval power and ordered to suspend business, close.
Failure to obtain a pollutant discharge permit to discharge air pollutants and other acts shall be fined and punished, ordered to make corrections, and administrative penalties for refusing to make corrections
An administrative organ that makes a penalty decision in accordance with the law may, starting from the day after the date of ordering correction, impose continuous penalties on a daily basis according to the original penalty amount.
Administrative penalties for acts of encroachment, damage or unauthorized movement, or alteration of atmospheric environmental quality monitoring facilities
The competent department of ecology and environment of the people's government at or above the county level shall order corrections and impose a fine of not less than 20,000 yuan but not more than 200,000 yuan; if it refuses to make corrections, it shall be ordered to stop production for rectification.
Administrative Penalties for Units Using Coal and Petroleum Coke That Do Not Meet Quality Standards
The competent department of ecology and environment of the people's government at or above the county level shall order corrections, and impose a fine of not less than one time but not more than three times the value of the goods.
Administrative penalties for the production of motor vehicles and non-road mobile machinery that exceed pollutant emission standards
The competent department of ecology and environment of the people's government at or above the provincial level shall order corrections, confiscate the illegal gains, impose a fine of not less than one time but not more than three times the value of the goods, confiscate and destroy motor vehicles and non-road mobile machinery that cannot meet the pollutant emission standards; if it refuses to make corrections, It is ordered to stop production for rectification, and the motor vehicle production department of the State Council shall order to stop production of this model.
Administrative Penalties for Air Pollution Accidents
The competent department of ecology and environment of the people's government at or above the county level shall impose a fine; the directly responsible person in charge and other directly responsible persons may be fined not more than 50% of the income obtained from the enterprise and institution in the previous year.
For those who cause general or relatively large air pollution accidents, the fine shall be calculated according to the direct loss caused by the pollution accident, which shall be more than one times but not more than three times; for those who cause major or extremely large air pollution accidents, the fine shall be calculated according to the direct loss caused by the pollution accident, which shall be more than three times and five times. Calculate the fine below.
Administrative penalties for direct air discharge without harmless disposal in accordance with regulations
The competent environmental protection department of the local people's government at or above the county level where it is located shall order corrections and impose a fine of three times the cost of harmless disposal.