The Regulations on Environmental Protection of Shandong Province, which came into effect on January 1, 2019, put forward that those who refuse to stop production and limit production during the emergency period of heavily polluted weather can be sealed up and detained. It is reported that this new measure is aimed at effectively preventing sewage units from continuing to steal property and discharge.

Article 22 of the new edition of the Regulations on Environmental Protection of Shandong Province stipulates that, in the event of major, especially serious environmental emergencies or during the emergency period of heavily polluted weather, if measures such as shutdown of production, shutdown of discharge and production restriction are not implemented as required and pollutants continue to be discharged, the competent department of ecological environment and other relevant departments may, in accordance with the law, seal up or withhold relevant facilities, equipment and articles. Administrative coercive measures in custody.
In addition, the Regulations also stipulate that if the people's governments at or above the county level and their relevant departments make decisions to order the sewage discharge units to stop production, stop operation or close down according to law, they may require the power supply enterprises to take measures to stop production and use of electricity, and the power supply enterprises shall cooperate with them.
Where enterprises such as non-ferrous metals smelting, petroleum processing, chemical industry, coking, printing and dyeing, electroplating, tannery, etc. close down, relocate or change land use, they shall formulate plans for cleaning up and safe disposal of residual pollutants, and conduct safe disposal of untreated sewage, toxic and harmful gases, industrial solid waste, radioactive sources and radioactive waste, as well as facilities and sites for their storage and disposal.
If an enterprise, institution or other producer or operator commits one of the following acts, and is fined and punished, and if it is ordered to correct or refuses to correct, the administrative organ that makes the decision on punishment may, from the day after ordering the correction decision to be served, continuously punish the enterprise or institution according to the amount of the original punishment on a daily basis: (1) discharging pollutants beyond the discharge standard or exceeding the total emission control target of key pollutants; (2) discharging pollutants in accordance with the original punishment Those who fail to obtain discharge permits in accordance with the requirements and unlawfully discharge pollutants; (3) discharge pollutants by means of covert pipes, seepage wells, seepage pits, perfusion or tampering with or forging monitoring data, or abnormal operation of pollution prevention and control facilities; (4) construction projects that should be examined and approved by environmental impact assessment in accordance with law shall be started without approval; (5) Construction shall be started without approval. Hazardous wastes fail to take corresponding preventive measures to cause leakage of hazardous wastes or other environmental pollution; (6) production, sale, use, transfer, import and storage of radioactive isotopes or radiological devices in violation of the provisions on prevention and control of radioactive pollution; (7) other acts of implementing continuous punishment on a daily basis as prescribed by laws and regulations.
Ten Major Innovations in the Regulations on Environmental Protection of Shandong Province
The Regulations on Environmental Protection of Shandong Province were revised and promulgated by the Standing Committee of the Thirteenth People's Congress of Shandong Province at its seventh meeting on November 30, 2018 (hereinafter referred to as the Regulations). In accordance with the principles of originating from practice, guiding practice, moderately advancing and emphasizing innovation, the Regulations have achieved ten innovations in institutional mechanism and management means.
Firstly, it empowers environmental law enforcement agencies to carry out on-site inspection, administrative penalties and administrative compulsion, which provides a legal basis for monitoring, monitoring and enforcement of vertical management system reform of environmental protection agencies below the province level.
Second, there are clear conditions and standards for regional approval restrictions. It is forbidden to construct small-scale papermaking, leather making, printing and dyeing, dyes, coking, sulphur, arsenic, mercury, oil, electroplating, pesticides, asbestos, cement, glass, steel, thermal power and other production projects that seriously pollute the environment. Where construction has been completed, the people's government at or above the county level shall order the demolition or closure.
Environmental impact assessment shall be carried out according to law for new construction, reconstruction and expansion projects. If a construction project may cause a significant environmental impact on adjacent areas, the competent department of ecological environment shall consult the competent department of ecological environment at the same level in the adjacent areas when examining and approving its environmental impact assessment documents; if there is any disagreement, the competent department of ecological environment of the people's government at the same level shall deal with it.
Under any of the following circumstances, the competent department of ecological environment of the people's government of a province or a city with districts shall suspend the examination and approval of the environmental impact assessment documents for the construction projects with newly added total discharge of key pollutants in the region: (1) the discharge of key pollutants exceeds the total control target, or fails to meet the control target of the discharge of key heavy metal pollutants set by the state; (2) the elimination of key metal pollutants has not been completed. Eliminate the production process, equipment and product tasks of seriously polluted environment; (3) ecologically damaged, not completed the task of pollution control or ecological restoration; (4) not completed the goal of environmental quality improvement; (5) incomplete supporting environmental infrastructure of industrial parks; (6) other situations prescribed by laws, regulations and the state. Major infrastructure projects and environmental pollution control projects that conform to the ecological environment protection plan and involve people's livelihood shall not be restricted by the provisions of the preceding paragraph.
Thirdly, the administrative compulsory measures of seizure and detention have been made more specific provisions. Under one of the following circumstances, the competent department of ecological environment and other relevant departments may take administrative compulsory measures to seal up and seize relevant facilities, equipment and articles according to law: (1) illegally discharging, dumping and disposing of toxic and harmful substances; (2) illegally discharging, dumping and disposing of pollutants in the first-level protection area of drinking water sources and the core area of the nature reserve; (3) Illegally discharging or dumping industrial sludge such as chemical, pharmaceutical, petrochemical, printing and dyeing, electroplating, paper-making and tannery; (4) discharging pollutants by means of covert pipes, seepage wells, seepage pits, perfusion or tampering with or forging monitoring data, or abnormal operation of pollution prevention and control facilities; (5) major, major, especially major environmental emergencies occur or are serious. During the emergency period of polluted weather, those who fail to implement measures such as shutdown of production, shutdown of discharge and production restriction as required continue to discharge pollutants; (6) relevant evidence may be lost or concealed; (7) other illegal acts causing or possibly causing serious pollution.
Fourthly, the interview measures should be upgraded to the norms of local laws and regulations. During the period of central environmental protection supervision in 2017, the Shandong provincial government took the lead in introducing the method of interview at the provincial level, which played an important role in practice. This revision of the Regulations further amends and improves the contents of the measures, and determines them in the form of local laws and regulations, which enhances their authority, mandatory and operability. The Regulations Interview with the Leaders of Provincial Governments on the Heads of Municipal Governments Setting up DistrictsIt is clearly stipulated that the principal person in charge, the relevant person in charge of the municipal, County (city, district) governments with districts should interview the principal person in charge of the lower government, and the person in charge of the provincial ecological environment department should interview the person in charge of the county (city, district) governments.
Fifthly, the people's governments at or above the county level and their relevant departments have clearly stipulated the decision to order the sewage discharge units to stop production, stop operation or close down according to law. Power supply enterprises may be required to take measures to stop production and use of electricity, and power supply enterprises shall cooperate. It has solved the long-troubled problem of the implementation of the decision of shutdown, shutdown and closure.
Sixthly, the statutory status of environmental credit evaluation system is clarified. The competent department of ecological environment of the provincial people's government shall incorporate information on compliance with environmental protection laws and regulations and fulfillment of environmental protection responsibilities by pollutant discharging units and third-party institutions providing environmental services into the environmental credit evaluation system, and take the evaluation results as an important basis for government procurement, public fund project tendering and bidding, etc. The evaluation results should be made public to the public.
Seventh, it clearly stipulates the automatic monitoring data and the monitoring data of environmental monitoring agencies with corresponding qualifications entrusted by the competent ecological environment departments, which can be used as the basis for environmental law enforcement and management. At the same time, it is stipulated that the competent department of ecological environment and other relevant departments can supervise and inspect sewage discharge units by means of on-site inspection, automatic monitoring, remote sensing monitoring, UAV patrol and far-infrared photography. During on-site inspection, law enforcement officers may take measures such as investigation, inquiry, on-site monitoring, sample collection, access and duplication of relevant information.
Eighth, a system of agreements to encourage the implementation of environmental pollution prevention and control has been formulated for stable and up-to-standard pollutant discharge units. If the pollutant discharge unit fulfills the pollutant emission reduction targets stipulated in the agreement, the people's government at or above the county level shall adopt policies and measures in the fields of finance, taxation, price and government procurement to encourage and support it in accordance with the law. Environmental management has gradually changed from simple law enforcement sanctions to the combination of sanctions and incentives.
Ninth, according to the authorization of the Environmental Protection Law and the actual law enforcement in Shandong Province, the types of daily continuous punishment have been increased. Construction projects that should be examined and approved by environmental impact assessment in accordance with the law shall start construction without approval. & ldquo; & ldquo; & rdquo; & ldquo; & ldquo; & ldquo; & which does not take corresponding preventive measures against hazardous waste leakage or other environmental pollution; & ldquo; & production, sale, use, transfer, import, storage and launchability in violation of regulations on prevention and control of radioactive pollution Three kinds of illegal acts are punished continuously on a daily basis, which is newly added in this legislation. They are all the types of illegal acts that often occur in daily law enforcement.
Tenth, strict administrative and civil responsibilities are laid down for third parties. Regulations stipulate that environmental impact assessment agencies, environmental monitoring agencies, pollution control agencies and third-party organizations engaged in the maintenance and operation of environmental monitoring equipment and pollution prevention facilities fail to provide relevant environmental service activities in accordance with the requirements of laws, regulations and relevant technical norms, thus causing environmental pollution and ecological damage, the competent department of ecological environment and other relevant departments shall be responsible for such activities. To order the suspension of business and rectification, and to impose a fine. Those who commit fraud in environmental service activities shall also bear joint and several liabilities with other persons responsible for environmental pollution and ecological damage according to law; if the situation constitutes a reduction in the qualification level or the revocation of the qualification certificate, the departments that grant them the qualification shall be punished accordingly according to law.
Source: Xinhua Net, Shandong Environmental Protection Department