Notice of the General Office of the State Council on carrying out in-depth special actions to rectify illegal sewage enterprises and protect people’s health and environmental protection
General Office of the State Council on in-depth rectification of illegal activities
Notice of the special action of sewage enterprises to protect people’s health and environmental protection
Guo Ban Fa [2005] No.34
People’s governments of all provinces, autonomous regions and municipalities directly under the Central Government, ministries and commissions and institutions directly under the State Council:
In recent years, with the rapid development of China’s economy, environmental problems have become increasingly prominent, and the phenomenon of illegal sewage discharge by enterprises has been repeatedly banned, and incidents that seriously endanger people’s production and life have occurred from time to time. Since 2003, the General Administration of Environmental Protection, the Development and Reform Commission, the Ministry of Supervision, the Ministry of Justice, the State Administration for Industry and Commerce, and the General Administration of Safety Supervision (hereinafter referred to as the six departments of the State Council) have organized and carried out the "Special Action for Remediation of Illegal Pollutant Discharge Enterprises to Protect People’s Health and Environmental Protection" (hereinafter referred to as the "Special Action for Environmental Protection"), and achieved certain results. The year 2005 is the third and crucial year to carry out special environmental protection actions. In order to implement the spirit of the central forum on population, resources and environment work, with the consent of the State Council, the relevant issues concerning the in-depth development of special environmental protection actions are hereby notified as follows:
First, fully understand the importance of carrying out special environmental protection actions.
In recent years, environmental problems such as drinking water source pollution, atmospheric dust pollution and excessive urban noise have seriously endangered people’s physical and mental health and normal life, and have become the focus of petitions and complaints from some local people and an important factor affecting social stability. It is an important measure for Deng Xiaoping Theory and Theory of Three Represents to carry out special environmental protection actions and effectively solve the pollution problems related to people’s vital interests, fully implement Scientific Outlook on Development and build a harmonious socialist society. Relevant departments of the State Council and local people’s governments at all levels should fully understand the importance and urgency of carrying out special environmental protection actions from the height of people-oriented and governing for the people, and pay close attention to this work.
Two, highlight the key points of rectification, clear objectives.
To carry out special environmental protection actions, we should aim at improving environmental quality and ensuring people’s health, focus on solving environmental problems that are strongly reflected by the masses and affect social stability, and intensify environmental law enforcement as a means to focus on rectifying illegal sewage discharge by enterprises, strive to curb pollution rebound and earnestly safeguard people’s interests.
The key points of the environmental protection special action are: first, outstanding problems such as urban noise disturbing people, air pollution, drinking water source pollution and abnormal operation of sewage treatment plants; Second, the illegal examination and approval of steel, electrolytic aluminum, cement, calcium carbide, coking, ferroalloy and other industries and the illegal construction in nature reserves; Third, there are illegal sewage discharge problems in key river basins and regions such as Huaihe River Basin, Taihu Lake Basin, Three Gorges Reservoir Area, South-to-North Water Transfer Project and the border areas of Shanxi, Inner Mongolia, Shaanxi and Ningxia.
The specific objectives of the environmental protection special action are to raise the emission rate of key supervision enterprises to more than 90%, the qualified rate of environmental protection "three simultaneities" system to more than 90%, the wrong practices of grass-roots governments in violation of national environmental protection laws and regulations are basically corrected, and the environmental pollution problems repeatedly complained by the masses are basically solved.
Three, take comprehensive measures to seriously investigate and deal with environmental violations.
(1) listing and supervising outstanding environmental issues. It is necessary to take major environmental pollution problems that are strongly reflected by the masses and affect social stability as key investigation matters, supervise and supervise, implement responsibilities, follow up and supervise, and ensure that investigations are in place, rectification is in place, and accountability is in place. The matters listed for supervision and the handling results shall be announced to the public and accepted by the masses. Six departments in the State Council have been listed to supervise the industrial pollution control in Huaihe River Basin, Taihu Lake Basin and the border areas of Shanxi, Inner Mongolia, Shaanxi and Ningxia. The people’s governments of all provinces, autonomous regions and municipalities directly under the Central Government shall focus on listing and supervising the problems of environmental pollution and illegal sewage disposal that have been repeatedly complained by the masses within their administrative areas for a long time, and the solution of the listed and supervised problems shall be regarded as an important part of the government’s environmental protection target responsibility system.
(two) vigorously punish illegal sewage enterprises. It is necessary to comprehensively use legal, economic, administrative and other means, increase the punishment of illegal sewage enterprises, and resolutely curb acts that do not comply with the law. Construction projects that fail to pass the environmental impact assessment shall be ordered to stop construction or stop production, and environmental impact assessment shall be conducted within a time limit. Sewage enterprises that fail to implement the "three simultaneities" system of environmental protection and have no pollution prevention facilities shall be ordered to stop production and punished according to law. Those who use pollution prevention facilities abnormally and discharge pollutants exceeding the discharge standards shall be ordered to make corrections and be punished according to law. Enterprises that fail to meet the discharge standards stably for a long time shall be ordered to treat within a time limit, and enterprises that seriously pollute the environment shall be limited in production; Fails to complete the task of governance, shall be ordered to stop production or shut down. The production line that has not been eliminated on schedule shall be ordered to stop production or shut down. "Fifteen small" enterprises such as small paper mills and "new five small" enterprises such as small refineries, small glass factories, small cement plants, small steel plants and small thermal power units are ordered to shut down. Illegal construction projects in drinking water sources and nature reserves shall be ordered to stop construction and dismantle. Sewage treatment plants that can not operate normally and exceed the standard for sewage discharge shall be ordered to be treated within a time limit.
(3) Seriously investigate the administrative responsibility of environmental protection. We must conscientiously implement the spirit of the National Conference on Rectification of Work, conduct special inspections on the implementation of environmental protection laws and regulations by local people’s governments at all levels and their relevant departments, and resolutely correct outstanding problems that harm the rights and interests of the masses. In violation of environmental protection laws and regulations, major decision-making mistakes have occurred, resulting in serious environmental pollution; Failing to investigate and deal with environmental violations, or even shielding and conniving at illegal sewage enterprises, resulting in the problem that the masses have strongly reflected has not been solved for a long time; Responsible persons and relevant personnel of governments and departments who do not exercise their functions and powers according to law and cause serious consequences should be investigated for responsibility according to law and discipline.
(four) gradually establish a long-term mechanism to rectify illegal sewage enterprises. It is necessary to establish and improve the environmental supervision system of state supervision, local supervision and unit responsibility, and establish a comprehensive governance mechanism that combines legal, economic and administrative means; Establish and improve the target responsibility system and accountability system for environmental protection. The Ministry of Supervision and the State Environmental Protection Administration should formulate measures to investigate the administrative responsibility for violating environmental protection laws and regulations, carry out environmental law enforcement efficiency supervision, and improve the level of law enforcement; Establish and improve the restraint mechanism of environmental protection enterprises and the public supervision mechanism, and implement the system of rewarding and reporting environmental protection; Strengthen the capacity building of environmental law enforcement and establish an investment mechanism to ensure environmental law enforcement.
Fourth, strengthen leadership and implement responsibilities
(1) Strengthening the responsibilities of local governments. The people’s governments of all provinces, autonomous regions and municipalities directly under the Central Government should put the in-depth development of environmental protection special actions on the important agenda, and responsible comrades in charge of the government should take the lead in setting up a leading group for environmental protection special actions, earnestly strengthen organizational leadership, establish a working system, formulate specific implementation plans, mobilize and deploy extensively, and comprehensively carry out rectification. Local people’s governments at all levels should conduct a comprehensive inventory of the pollution discharge of enterprises within their respective administrative areas, carefully analyze the main factors affecting environmental quality, sort out outstanding environmental problems involving the vital interests of the masses, put forward key problems that need to be solved in special environmental protection actions, clarify the responsible persons and responsible units, and solve them within a time limit.
(2) Strengthen departmental cooperation. The six departments in the State Council should take the lead and carefully organize special environmental protection actions. It is necessary to formulate a work plan, clarify tasks, implement responsibilities, and strengthen supervision and inspection. It is necessary to strengthen coordination and cooperation among departments, establish a system of regular consultation and joint handling of cases and a system of handing over, transferring and moving environmental violations to jointly crack down on environmental violations. The development and reform department should supervise the elimination of backward production capacity, technology and products; The supervisory organ shall investigate the administrative responsibilities of the responsible persons and relevant personnel of the government and departments who violate environmental protection laws and regulations according to law and discipline; Judicial organs should increase publicity and legal aid for environmental protection; The industrial and commercial departments should cancel and revoke the business license of enterprises that have been closed down according to law in a timely manner; Safety supervision departments should strengthen the supervision of dangerous chemicals.
(3) Establish an assessment system. The six departments of the State Council should formulate assessment methods for special environmental protection actions, and assess the environmental protection actions carried out by the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government from the aspects of organization and leadership, case supervision, pollution rebound control and environmental law enforcement capacity building, so as to effectively ensure the effectiveness of special environmental protection actions. The people’s governments of all provinces, autonomous regions and municipalities directly under the Central Government should implement all the work of special environmental protection actions to grass-roots governments step by step, and bring them into the assessment scope of environmental protection target responsibility system, and earnestly organize their implementation.
(4) Strengthen social publicity and supervision. To give full play to the role of public participation and social supervision, it is necessary to publish the list of major polluters, the list of illegal polluters, the investigation and handling of typical environmental violations and the progress of special environmental protection actions to protect the people’s right to know and supervise. Give full play to the role of the "12369" environmental hotline, unblock complaint channels, and actively encourage the masses to participate extensively. It is necessary to formulate and implement a publicity plan for special environmental protection actions, actively organize news media to follow up reports, make full use of television, radio, newspapers, the Internet and other media, increase the publicity of environmental protection laws and regulations, and create a good atmosphere for mass participation and supervision.
The people’s governments of all provinces, autonomous regions and municipalities directly under the Central Government shall, before the end of November 2005, submit a summary of the work of carrying out special environmental protection actions to the State Environmental Protection Administration, which shall, jointly with relevant departments, make a comprehensive summary and report it to the State Council.
the General Office of the State Council
June 8, 2005