What Are the Different Types of Environmental Law Jobs?

On April 24, 2014, the Eighth Meeting of the Standing Committee of the Twelfth National People's Congress passed the Amendment to the Environmental Protection Law, and the new law came into effect on January 1, 2015. So far, the "Basic Law" in China's environmental field has been revised for the first time in 25 years. This also allows environmental protection laws to keep pace with the times and to serve the public's expectations of building a "beautiful China" in accordance with the law.

New Environmental Protection Law

Chinese name: New Environmental Protection Law
Time: April 24, 2014

Attributes: First revision in 25 years
Implement: January 1

Because the environmental protection law involves a wide range of issues and a lot of controversy, this amendment was passed for the fourth time without exception. From this, we can say that this is a mature legislation that condenses the wisdom of China's environmental protection and governance, and has learned from previous experiences and lessons learned.

new"

Limited by the original laws and regulations, for a long time, the penalties and law enforcement measures of China's environmental protection departments have been quite limited. Compared with the public security and even the tax and industrial and commercial departments, the environmental protection department has always been a "soft door" and it is difficult to deter the increasing Rampant environmental violations. The new Environmental Protection Law just introduced provides a series of targeted enforcement tools that can change the status quo-

The first is to add a "daily penalties" system, that is, daily and continuous fines for continuous environmental violations. This means that the longer the violation, the longer the violation, the more fines. The fines for environmental violations stipulated by previous laws are fixed and the amount is not large, which leads to a lower cost of violations, and many enterprises are too lazy to control pollution. After the implementation of the new law's "penalty by day", the amount of fines will not be capped, which will force illegal enterprises to quickly correct pollution.

Second, the new "Environmental Protection Law", as an administrative law, rarely stipulates penalties for administrative detention, and the most severe administrative penalties will be applied to those who violate pollution laws. The new law stipulates that administrative detention is applicable to environmental violations with serious circumstances, and that joint liability shall be imposed on environmental monitoring agencies and environmental monitoring equipment and pollution prevention facilities maintenance and operation agencies that have committed fraud.

Third, the reason why the pollution behavior of individual local enterprises is unscrupulous is behind the acquiescence of local officials based on the malformed concept of performance. The new "Environmental Protection Law" will be launched with a "protective umbrella". The specific regulations are: Leading cadres falsely report, misrepresent, and conceal pollution reports will blame and resign; in the face of major environmental violations, the local government in charge of the leadership, environmental protection departments and other principals of the supervision department will blame and resign.

The new "Environmental Protection Law" is also an open legislation that incorporates civil forces in an environmental governance mechanism in an orderly manner and has established an environmental protection public interest litigation system. During the second review of the revised draft, the subject of environmental protection public interest litigation was limited to a "national name" environmental protection organization; in subsequent amendments, the subject of legal proceedings was further expanded, and was eventually stipulated as: "Cities with districts according to law The civil affairs department of the people's government at or above the level is registered and specializes in environmental protection public welfare activities for more than five consecutive years and has a reputable social organization. " At the same time, the new law also stipulates that: Public courts that bring social organizations that meet the requirements to the people s courts shall accept them according to law.

(Adopted at the 11th meeting of the Standing Committee of the Seventh National People's Congress on December 26, 1989

(Revised at the eighth meeting of the Standing Committee of the Twelfth National People's Congress on April 24, 2014)

On the afternoon of the 24th, the eighth meeting of the Standing Committee of the Twelfth National People's Congress considered and approved the amendment to the Environmental Protection Law. In 20 months, the draft went through 4 reviews and was finalized. This law has increased the responsibility and punishment of the government and enterprises in various aspects, and has been called "the strictest environmental protection law in history" by experts. ^[1]

New Environmental Protection Law Catalogue

Chapter I General Provisions

Chapter II Supervision and Management

Chapter III Protection and Improvement of the Environment

Chapter IV Prevention and Control of Pollution and Other Pollution

Chapter V Information Disclosure and Public Participation

Chapter VI Legal Liability

Chapter VII Supplementary Provisions

Chapter 1 of the New Environmental Protection Law

General

Article 1 This Law is enacted to protect and improve the environment, prevent pollution and other public hazards, safeguard public health, promote the construction of ecological civilization, and promote sustainable economic and social development.

Article 2 The term "environment" in this Law refers to the totality of various natural and artificially transformed natural factors that affect human survival and development, including the atmosphere, water, ocean, land, mineral deposits, forests, grasslands, wetlands, and wildlife , Natural relics, human relics, nature reserves, scenic spots, cities and villages, etc.

Article 3 This Law applies to the territory of the People's Republic of China and other sea areas under the jurisdiction of the People's Republic of China.

Article 4 Protecting the environment is the basic national policy of the country.

The state adopts economic and technological policies and measures that are conducive to saving and recycling resources, protecting and improving the environment, and promoting harmony between man and nature, so as to coordinate economic and social development with environmental protection.

Article 5 Environmental protection adheres to the principles of protection first, prevention first, comprehensive governance, public participation, and responsibility for damage.

Article 6 All units and individuals have the obligation to protect the environment.

Local people's governments at various levels shall be responsible for the environmental quality of their administrative areas.

Enterprises, institutions and other production and business operators shall prevent and reduce environmental pollution and ecological damage, and shall bear responsibility for the damage caused in accordance with the law.

Citizens should increase their awareness of environmental protection, adopt a low-carbon, frugal lifestyle, and consciously fulfill their environmental protection obligations.

Article 7 The State supports the research, development and application of environmental protection science and technology, encourages the development of environmental protection industries, promotes the construction of environmental protection informatization, and improves the level of science and technology in environmental protection.

Article 8 The people's governments at all levels shall increase their financial investment in protecting and improving the environment, preventing and controlling pollution and other public hazards, and increase the efficiency of the use of fiscal funds.

Article 9 People's governments at all levels shall strengthen publicity and popularization of environmental protection, encourage grassroots mass self-government organizations, social organizations, and environmental protection volunteers to carry out environmental protection laws and regulations and environmental protection knowledge, and create a good atmosphere for environmental protection.

Education administrative departments and schools shall incorporate environmental protection knowledge into school education content and cultivate students' awareness of environmental protection.

News media shall carry out propaganda of environmental protection laws and regulations and environmental protection knowledge, and conduct public opinion supervision on environmental violations.

Article 10 The competent department of environmental protection under the State Council shall implement unified supervision and management of environmental protection work throughout the country; the competent department of environmental protection under the local people's governments at or above the county level shall implement unified supervision and management of environmental protection work in their respective administrative regions.

Relevant departments of the people's governments at or above the county level and the environmental protection department of the military shall supervise and manage environmental protection work such as resource protection and pollution prevention in accordance with the provisions of relevant laws.

Article 11 Units and individuals that have made remarkable achievements in protecting and improving the environment shall be rewarded by the people's government.

Article 12 June 5th is the environmental day.

New Environmental Protection Law Chapter 2

Supervision and management

Article 13 People's governments at or above the county level shall incorporate environmental protection work into their national economic and social development plans.

The competent department of environmental protection under the State Council, in conjunction with relevant departments, compiles the national environmental protection plan in accordance with the national economic and social development plan, submits it to the State Council for approval, and announces its implementation.

The competent department of environmental protection of the local people's government at or above the county level shall, in conjunction with the relevant departments, compile the environmental protection plan of the administrative region in accordance with the requirements of the national environmental protection plan, and report it to the people's government at the same level for approval and publicity.

The content of environmental protection planning shall include the objectives, tasks, and safeguard measures for ecological protection and pollution prevention, and shall be linked with the main functional area planning, overall land use planning, and urban and rural planning.

Article 14 The relevant departments of the State Council and the people's governments of provinces, autonomous regions, and municipalities shall formulate economic and technological policies, and shall fully consider the impact on the environment and listen to the opinions of relevant parties and experts.

Article 15 The competent department of environmental protection under the State Council formulates national environmental quality standards.

The people's governments of provinces, autonomous regions, and municipalities directly under the central government may formulate local environmental quality standards for items not specified in the national environmental quality standards; for items that have been specified in the national environmental quality standards, they may formulate local environmental quality that is stricter than national environmental quality standards standard. Local environmental quality standards shall be reported to the competent department of environmental protection under the State Council for the record.

The State encourages environmental benchmarking studies.

Article 16 The competent department of environmental protection under the State Council shall, in accordance with national environmental quality standards and national economic and technical conditions, formulate national standards for the discharge of pollutants.

The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may formulate local pollutant emission standards for items not specified in the national pollutant emission standards; for items already specified in the national pollutant emission standards, they may formulate stricter than national pollutant emission standards Local pollutant emission standards. Local pollutant discharge standards shall be reported to the competent department of environmental protection under the State Council for the record.

Article 17 The State establishes and improves an environmental monitoring system. The competent department of environmental protection under the State Council has formulated monitoring specifications, organized monitoring networks in conjunction with relevant departments, unifiedly planned the setting of national environmental quality monitoring stations (points), established monitoring data sharing mechanisms, and strengthened management of environmental monitoring.

The establishment of various types of environmental quality monitoring stations (sites) in related industries and specialties shall meet the requirements of laws and regulations and monitoring specifications.

Monitoring institutions shall use monitoring equipment that complies with national standards and abide by the monitoring specifications. The monitoring agency and its responsible person are responsible for the authenticity and accuracy of the monitoring data.

Article 18 The people's governments at or above the provincial level shall organize relevant departments or commission professional institutions to investigate and evaluate the state of the environment, and establish a monitoring and early warning mechanism for the carrying capacity of environmental resources.

Article 19 The preparation of relevant development and utilization plans and the construction of projects that have an impact on the environment shall be subject to environmental impact assessment in accordance with law.

Development and utilization plans that have not been subjected to environmental impact assessment in accordance with the law may not be organized and implemented; construction projects that do not perform environmental impact assessment in accordance with the law may not be started.

Article 20 The state shall establish a joint prevention and coordination mechanism for environmental pollution and ecological damage in key regions and river basins across administrative regions, and implement unified planning, unified standards, unified monitoring, and unified preventive measures.

The prevention and control of environmental pollution and ecological damage across administrative regions other than those provided for in the preceding paragraph shall be resolved by the people's government at a higher level or by the relevant local people's government.

Article 21 The state adopts policies and measures in the areas of finance, taxation, prices, and government procurement to encourage and support the development of environmental protection industries such as environmental protection technology and equipment, comprehensive utilization of resources, and environmental services.

Article 22 Where enterprises and institutions and other production and operation operators further reduce pollutant emissions on the basis that their emissions meet the legal requirements, the people's government shall adopt fiscal, tax, price, government procurement and other policies and Measures are encouraged and supported.

Article 23 In order to improve the environment, enterprises, institutions and other production and business operators shall support the people's government if they change production, relocate or close in accordance with relevant regulations.

Article 24 The competent department of environmental protection of the people's government at or above the county level, the environmental supervision agency entrusted by it, and other departments responsible for environmental protection supervision and management shall have the right to conduct on-site inspections of enterprises, institutions and other production and operation operators that discharge pollutants. an examination. The inspected person shall truthfully report the situation and provide necessary information. Departments, institutions and their staff who conduct on-site inspections shall keep commercial secrets for the inspected.

Article 25 Where enterprises, institutions and other producers and operators discharge pollutants in violation of laws and regulations and cause or may cause serious pollution, the environmental protection department of the people's government at or above the county level and other departments with responsibility for environmental protection supervision and management, Facilities and equipment that cause pollutant discharge can be sealed up and seized.

Article 26 The State implements a responsibility system for environmental protection objectives and an evaluation system. The people's governments at or above the county level shall incorporate the achievement of environmental protection objectives into the assessment content of the department and its responsible person responsible for environmental protection supervision and management of the people's government at the corresponding level and the people's government at a lower level and its responsible person as an important basis for their assessment . The results of the assessment shall be made public.

Article 27 The people's governments at or above the county level shall report to the people s congress at the corresponding level or the standing committee of the people s congress on the state of the environment and the completion of environmental protection objectives. Report and accept supervision according to law.

Chapter III of the New Environmental Protection Law

Protect and improve the environment

Article 28 Local people's governments at various levels shall take effective measures to improve the quality of the environment in accordance with environmental protection goals and governance tasks.

Relevant local people's governments in key areas and river basins that have not reached the national environmental quality standards shall formulate a plan for meeting deadlines and take measures to meet the deadlines.

Article 29 The state delimits ecological protection red lines in areas such as key ecological function zones, ecological environment sensitive zones and fragile zones, and implements strict protection.

People's governments at all levels have representative natural ecosystem areas of various types, natural distribution areas of rare and endangered wild animals and plants, important water conservation areas, geological structures with significant scientific and cultural values, famous karst caves and fossil distribution areas Natural relics such as glaciers, volcanoes and hot springs, as well as cultural relics and ancient and famous trees, shall be protected by measures, and their destruction is strictly prohibited.

Article 30 The development and utilization of natural resources shall be developed rationally, protect biodiversity, ensure ecological security, and formulate and implement relevant ecological protection and restoration governance programs in accordance with law.

The introduction of alien species and the research, development and utilization of biotechnology shall take measures to prevent damage to biodiversity.

Article 31 The State establishes and improves a compensation system for ecological protection.

The state has stepped up financial transfer payments to ecologically protected areas. Relevant local people's governments should implement ecological protection compensation funds to ensure that they are used for ecological protection compensation.

The state directs the people's governments in the beneficiary and ecological protection areas to make ecological protection compensation through negotiation or in accordance with market rules.

Article 32 The State strengthens the protection of the atmosphere, water and soil, and establishes and improves corresponding investigation, monitoring, evaluation and restoration systems.

Article 33 People's governments at all levels shall strengthen the protection of the agricultural environment, promote the use of new technologies for agricultural environmental protection, strengthen the monitoring and early warning of agricultural pollution sources, and coordinate the relevant departments to take measures to prevent soil pollution and land desertification and salinization , Barren desertification, rocky desertification, land subsidence, and prevention of vegetation damage, soil erosion, eutrophication of water bodies, depletion of water sources, and extinction of provenances, and promote the comprehensive control of plant diseases and insect pests.

The people's governments at the county and township levels should improve the level of public services for rural environmental protection and promote the comprehensive improvement of the rural environment.

Article 34 The State Council and local people's governments at all levels along the coast shall strengthen the protection of the marine environment. Discharge of pollutants and dumping of wastes to the ocean, and construction of coastal and marine projects, shall comply with laws and regulations and relevant standards to prevent and reduce pollution damage to the marine environment.

Article 35 Urban and rural construction shall combine the characteristics of the local natural environment, protect vegetation, waters and natural landscapes, and strengthen the construction and management of urban gardens, green spaces and scenic spots.

Article 36 The State encourages and guides citizens, legal persons and other organizations to use environmentally friendly products and recycled products, and reduce the generation of waste.

State organs and other organizations using financial funds shall give priority to the procurement and use of energy-saving, water-saving, and material-saving products, equipment and facilities that are conducive to environmental protection.

Article 37 Local people's governments at various levels shall take measures to organize the separate disposal and recycling of domestic waste.

Article 38 Citizens shall abide by environmental protection laws and regulations, cooperate with the implementation of environmental protection measures, and place domestic waste in accordance with regulations to reduce damage to the environment caused by daily life.

Article 39 The State establishes and improves environmental and health monitoring, investigation, and risk assessment systems; encourages and organizes research on the impact of environmental quality on public health, and adopts measures to prevent and control diseases related to environmental pollution.

New Environmental Protection Law Chapter IV

Prevent pollution and other pollution

Article 40 The State promotes cleaner production and recycling of resources.

Relevant departments of the State Council and local people's governments at various levels shall take measures to promote the production and use of clean energy.

Enterprises should give priority to the use of clean energy, adopt technologies, equipment, high-efficiency utilization, and low-level pollutant discharge technologies, comprehensive waste utilization technologies, and pollution-free treatment technologies to reduce the generation of pollutants.

Article 41 Facilities for the prevention and control of pollution in construction projects shall be designed, constructed and put into operation simultaneously with the main project. The facilities for preventing and controlling pollution shall meet the requirements of the approved environmental impact assessment documents, and shall not be dismantled or left idle.

Article 42 Enterprises, institutions and other production and operation operators that discharge pollutants shall take measures to prevent and control waste gas, waste water, waste residue, medical waste, dust, malodorous gases, radioactive substances, and noise generated during production and construction or other activities , Vibration, light radiation, electromagnetic radiation and other environmental pollution and harm.

Enterprises and institutions that discharge pollutants shall establish a responsibility system for environmental protection and clarify the responsibilities of the person in charge of the unit and relevant personnel.

Key pollutant discharge units shall install and use monitoring equipment in accordance with relevant state regulations and monitoring specifications to ensure the normal operation of the monitoring equipment and maintain original monitoring records.

It is strictly forbidden to discharge pollutants illegally by means of evading supervision, such as by underground pipes, seepage wells, seepage pits, perfusion or tampering, falsification of monitoring data, or abnormal operation of pollution prevention facilities.

Article 43 Enterprises, institutions and other production and operation operators that discharge pollutants shall pay pollutant discharge fees in accordance with relevant state regulations. Sewage discharge fees shall be used exclusively for the prevention and control of environmental pollution, and no unit or individual may intercept, occupy or divert them to other purposes.

If the environmental protection tax is collected in accordance with the law, no sewage charges will be levied.

Article 44 The State implements a total emission control system for key pollutants. The total emission control targets for key pollutants were issued by the State Council, and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government decomposed and implemented them. While implementing the national and local pollutant discharge standards, enterprises and institutions shall abide by the total pollutant discharge control targets that have been decomposed and implemented into their own units.

For areas exceeding the national key pollutants emission control target or failing to meet the environmental quality targets set by the state, the environmental protection authority of the people's government at or above the provincial level shall suspend the approval of the environmental impact assessment of construction projects for the newly added key pollutants. file.

Article 45 The State implements a pollution permit management system in accordance with the law.

Enterprises and institutions and other production and operation operators that implement pollution permit management shall discharge pollutants in accordance with the requirements of pollution discharge permits; those who have not obtained pollution discharge permits shall not discharge pollutants.

Article 46 The State implements a system of elimination of processes, equipment and products that seriously pollute the environment. No unit or individual may produce, sell or transfer or use processes, equipment and products that seriously pollute the environment.

The introduction of technologies, equipment, materials and products that do not comply with China's environmental protection regulations is prohibited.

Article 47 The people's governments at all levels and their relevant departments and enterprises and institutions shall, in accordance with the "Emergency Response Law of the People's Republic of China", do a good job of risk control, emergency preparedness, emergency disposal and post-event of environmental emergencies. Resume work.

People's governments at or above the county level shall establish a public monitoring and early warning mechanism for environmental pollution, and organize the formulation of early warning programs; when the environment is polluted and may affect public health and environmental safety, timely release early warning information in accordance with law and initiate emergency measures.

Enterprises and institutions shall formulate emergency plans for environmental emergencies in accordance with relevant state regulations and report them to the competent environmental protection department and relevant departments for the record. When environmental emergencies occur or may occur, enterprises and institutions shall immediately take measures to notify the units and residents that may be harmed in a timely manner, and report to the competent environmental protection department and relevant departments.

After the emergency response to environmental emergencies is completed, the people's government concerned should immediately organize an assessment of the environmental impact and losses caused by the incident, and promptly announce the assessment results to the public.

Article 48 The production, storage, transportation, sale, use, and disposal of chemicals and radioactive substances shall comply with relevant state regulations to prevent environmental pollution.

Article 49 The people's governments at all levels and their agricultural and other relevant departments and institutions shall instruct agricultural production and management operators to scientifically plant and breed, scientifically and rationally use agricultural inputs such as pesticides and fertilizers, and scientifically dispose of agricultural waste such as agricultural films and crop straws. To prevent agricultural non-point source pollution.

It is forbidden to put solid wastes and waste water that do not meet agricultural standards and environmental protection standards into farmland. When applying agricultural inputs such as pesticides, chemical fertilizers, and irrigation, measures should be taken to prevent heavy metals and other toxic and harmful substances from polluting the environment.

The site selection, construction and management of livestock and poultry farms, breeding communities, and designated slaughtering enterprises shall comply with relevant laws and regulations. Units and individuals engaged in livestock and poultry breeding and slaughtering shall take measures to scientifically dispose of livestock and poultry manure, carcasses and sewage to prevent environmental pollution.

The county-level people's government is responsible for organizing the disposal of rural domestic waste.

Article 50 The people's governments at all levels shall arrange funds in the fiscal budget to support the environment for the protection of rural drinking water sources, domestic sewage and other waste treatment, livestock and poultry breeding and slaughter pollution prevention, soil pollution prevention and treatment of rural industrial and mining pollution, etc. Protection work.

Article 51 People's governments at all levels shall coordinate urban and rural construction of sewage treatment facilities and supporting pipeline networks, environmental sanitation facilities such as solid waste collection, transportation, and disposal, centralized disposal facilities for hazardous wastes, places, and other environmental protection public facilities, and guarantee It's running normally.

Article 52 The State encourages the purchase of environmental pollution liability insurance.

Chapter Five of the New Environmental Protection Law

Information disclosure and public participation

Article 53 Citizens, legal persons and other organizations shall have the right to obtain environmental information, participate in and supervise environmental protection according to law.

The environmental protection authorities of the people's governments at all levels and other departments with the responsibility for environmental protection supervision and management shall disclose environmental information in accordance with law, improve public participation procedures, and facilitate the participation and supervision of environmental protection by citizens, legal persons and other organizations.

Article 54 The competent department of environmental protection under the State Council shall uniformly release national environmental quality, monitoring information on key pollution sources, and other major environmental information. The environmental protection authorities of the people's governments at or above the provincial level regularly issue bulletins on the state of the environment.

The competent department of environmental protection of the people's government at or above the county level and other departments with responsibility for environmental protection supervision and management shall disclose environmental quality, environmental monitoring, environmental emergencies, environmental administrative permits, administrative penalties, and collection and use of sewage charges in accordance with the law. information.

The competent environmental protection department of the local people's government at or above the county level and other departments that have the responsibility for environmental protection supervision and management shall record the environmental violation information of enterprises, institutions and other producers and operators into the social integrity file, and promptly announce the list of offenders to the society.

Article 55 The key pollutant discharge units shall truthfully disclose to the society the names, discharge methods, concentration and total amount of discharges of their major pollutants, the discharge of exceeding standards, and the construction and operation of pollution prevention facilities, and accept social supervision.

Article 56 For construction projects in which an environmental impact report should be prepared in accordance with the law, the construction unit shall explain the situation to the public that may be affected, and solicit opinions fully.

After receiving the environmental impact assessment report of the construction project, the department responsible for examining and approving the environmental impact assessment report of the construction project shall make the full text except for matters involving state secrets and business secrets; if it is found that the construction project does not solicit public opinions, it shall instruct the construction unit to solicit Public comments.

Article 57 Citizens, legal persons and other organizations who have discovered any unit or individual that has polluted the environment or destroyed ecological behavior shall have the right to report it to the competent department of environmental protection or other departments in charge of supervision and management of environmental protection.

Citizens, legal persons and other organizations find that local people's governments at all levels, environmental protection authorities of people's governments at or above the county level, and other departments responsible for environmental protection supervision and management fail to perform their duties in accordance with the law, and have the right to report to their superiors or supervisory authorities.

The authority receiving the report shall keep the relevant information of the reporter confidential and protect the lawful rights and interests of the reporter.

Article 58 For acts that pollute the environment, damage the ecology, and harm social public interests, social organizations that meet the following conditions may file a lawsuit in a people's court:

(1) Register with the civil affairs department of the people's government at or above the city level in districts according to law;

(2) Specializing in environmental protection public welfare activities for more than five consecutive years and no illegal record.

When a social organization that meets the requirements of the preceding paragraph files a lawsuit in a people's court, the people's court shall accept it according to law.

The social organization filing the lawsuit shall not seek economic benefits through the lawsuit.

Chapter 6 of the New Environmental Protection Law

legal liability

Article 59 If an enterprise, institution, or other production and operation operator discharges pollutants illegally, is punished by a fine, ordered to make a correction, or refuses to make a correction, the administrative organ that makes the decision to punish it according to law may, from the day after the day when the order is made, The original punishment amount shall be continuously punished daily.

The fines prescribed in the preceding paragraph shall be implemented in accordance with relevant laws and regulations in accordance with the provisions determined by the operating costs of pollution prevention facilities, direct losses caused by illegal acts, or illegal gains.

Local laws and regulations may increase the types of illegal acts punished continuously on a daily basis as specified in the first paragraph in accordance with the actual needs of environmental protection.

Article 60 If enterprises, institutions and other production and operation operators discharge pollutants in excess of the pollutant emission standards or exceed the total pollutant discharge control targets of key pollutants, the competent department of environmental protection of the people's government at or above the county level may order them to take measures to restrict production and stop production. If the circumstances are serious, it shall be reported to the people's government with the right of approval for approval and ordered to be closed or closed.

Article 61 If a construction unit fails to submit an environmental impact assessment document for a construction project or an environmental impact assessment document is started without approval in accordance with the law, the department responsible for environmental protection supervision and management shall be ordered to stop construction, be fined, and may be ordered Restore.

Article 62 In violation of the provisions of this law, if key pollutant discharge units do not disclose or misrepresent environmental information, the environmental protection department of the local people's government at or above the county level shall order it to be made public, impose a fine, and make an announcement.

Article 63 If one of the following acts of an enterprise, institution, or other production and operation operator does not constitute a crime, it shall be punished by the environmental protection department or other relevant department of the people s government at or above the county level in addition to punishment in accordance with relevant laws and regulations. The case is transferred to the public security organ, and the person in charge directly responsible for it and other directly responsible persons shall be detained for more than 10 days and less than 15 days; if the case is less serious, they shall be detained for more than 5 days and less than 10 days:

(1) The construction project failed to perform environmental impact assessment according to law, was ordered to stop construction, and refused to implement it;

(2) Violating laws and regulations and discharging pollutants without obtaining a pollution discharge permit, and being ordered to stop the discharge of pollutants and refuse to implement them;

(3) Discharging pollutants illegally by means of evading supervision through hidden pipes, seepage wells, seepage pits, perfusion or tampering, falsification of monitoring data, or abnormal operation of pollution prevention and control facilities;

(4) Production or use of pesticides that have been prohibited by the state from being produced or used, and have been ordered to make corrections, but refused to make corrections.

Article 64 Anyone who causes damage due to pollution of the environment and destruction of the ecology shall bear tort liability in accordance with the relevant provisions of the Law of the People's Republic of China on Tort Liability.

Article 65 Environmental impact assessment agencies, environmental monitoring agencies, and agencies engaged in the maintenance and operation of environmental monitoring equipment and pollution prevention and control facilities, who have falsified in relevant environmental service activities and are responsible for the environmental pollution and ecological damage caused, except In addition to penalties in accordance with relevant laws and regulations, joint responsibility shall also be assumed with those responsible for environmental pollution and ecological damage.

Article 66 The limitation period for filing an environmental damages suit is three years, calculated from the time when the parties know or should know that they have suffered damage.

Article 67 The people's government at a higher level and its environmental protection authority shall strengthen supervision over the environmental protection work of the people's government at a lower level and its related departments. If any staff member is found to have committed an illegal act and should be punished in accordance with the law, he / she shall make a disciplinary suggestion to the appointment or removal organ or the supervisory organ.

If an administrative penalty shall be imposed in accordance with the law, and the competent environmental protection department does not grant an administrative penalty, the environmental protection department of the higher people's government may directly make an administrative penalty decision.

Article 68 Where the local people's governments at various levels, the people's governments at or above the county level and other departments in charge of environmental protection supervise and administer environmental protection, if one of the following acts is performed, the person in charge directly responsible and other persons directly responsible shall be given Those who have recorded, oversized or downgraded the punishment; if serious consequences are caused, they shall be dismissed or dismissed, and their main person in charge shall resign:

(1) granting an administrative license that does not meet the conditions for an administrative license;

(2) sheltering environmental violations;

(3) failing to make a decision ordering to close or close a business according to law;

(4) discovering or receiving reports that fail to investigate and deal with the discharge of pollutants in excess of standards, the discharge of pollutants by evading supervision, environmental accidents, and ecological damage caused by failure to implement ecological protection measures;

(5) Sealing up or detaining facilities and equipment of enterprises, institutions and other production and operation operators in violation of the provisions of this Law;

(6) Tampering or falsifying or instructing tampering or falsification of monitoring data;

(7) The environmental information should be disclosed in accordance with law without being disclosed;

(8) Intercepting, occupying or diverting the collected sewage charges;

(9) Other illegal acts stipulated by laws and regulations.

Article 69 Whoever violates the provisions of this law and constitutes a crime shall be investigated for criminal responsibility in accordance with the law.