Environmental Monitoring Methods

Original Language Title: 环境监察办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201212/20121200379240.shtml

Environmental monitoring methods

    (July 25, 2012 to 21st release since September 1, 2012, the Department of environmental protection) directory

    Chapter I General provisions

    Chapter II environmental monitoring institutions and personnel

    Chapter III environmental monitoring

    The fourth chapter by-laws

    Chapter I General provisions

    First work for strengthening and regulating environmental monitoring, strengthening the construction of environmental monitoring, improve environmental monitoring capability, according to the People's Republic of China environmental protection law and other relevant laws and regulations, based on actual environmental monitoring, these measures are formulated.

    II environmental monitoring in these measures refers to the competent Department of environmental protection according to the environmental protection laws, regulations, administrative regulations and other normative documents implemented law enforcement activities.

    Third environmental monitoring should be guided by the following principles:

    (A) combining education and corrections;

    (B) the combination of strict enforcement and guided consciously abide by;

    (C) the evidence procedure is legal, accurate, properly;

    (D) fair, open and efficient.

    Fourth Ministry of environmental protection of the national environmental monitoring exercise unified supervision and management.

    Local environmental protection departments at and above the county level responsible for the administration of environmental monitoring.

    Environmental protection departments at all levels is a member of the environmental monitoring agency (hereinafter "environmental watchdog"), which is responsible for the implementation of environmental monitoring.

    Fifth environmental watchdog on the level the environmental protection departments in charge, and follow their professional guidance and supervision of environmental watchdog.

    Environmental protection departments at all levels should strengthen leadership on the environment watchdog, establish and improve the coordination mechanism, and provide necessary working conditions for the environmental watchdog.

    Article sixth environmental monitoring agency's main tasks include:

    (A) the supervision of environmental protection laws and regulations, implementation of regulations and other normative documents;

    (B) site supervision and examination of pollution emissions of pollutants, pollution control facilities operation, environmental protection administrative licensing implementation, construction projects, such as the implementation of environmental protection laws and regulations;

    (C) site supervision and examination nature reserves, livestock pollution prevention, ECO and rural environmental protection laws and regulations implementation;

    (D) the specific responsibility for emissions and approved by the register of pollutants, sewage collection;

    (E) investigate and deal with environmental offences;

    (Vi) handling and transfer Office, overseeing the environmental pollution and ecological damage complaints, reporting, Division of responsibilities and in accordance with the Environmental Protection Department to determine, specifically responsible for the mediation of disputes over environmental pollution and ecological destruction;

    (VII) participation in environmental emergencies emergency response;

    (VIII) supervision on the serious problem of environmental pollution and ecological damage;

    (I) in accordance with the responsibilities, specific responsibilities for environmental inspection work;

    (J) the laws, regulations, rules and other duties stipulated by normative documents.

    Chapter II environmental monitoring institutions and personnel Article can be named environmental monitoring environmental monitoring institutions at all levels.

    Provincial, district and municipal level, county level environmental monitoring agencies, can also take the environmental monitoring Corps, environmental monitoring team and environment supervision team name.

    County Branch of the environmental monitoring agency (sending) agencies and township-level environment monitoring agency name, to name squadrons or environmental monitoring environmental monitoring.

    Article eighth environment setup and composition of the supervisory authorities should be based on the size of the jurisdiction, economic and social development, population size, number of sources and distribution, ecological protection and environmental factors such as law enforcement to decide.

    Nineth environmental watchdog agency funding, should be included in accordance with the relevant provisions of the State Department of environmental protection budget, be guaranteed by the governmental finance.

    Article tenth environmental watchdog office space, law enforcement and law enforcement vehicles, investigation and evidence collection equipment and other equipment shall comply with national standardization construction of environmental monitoring and inspection requirements.

    Environmental monitoring agencies of law enforcement vehicles should spray a unified environmental monitoring law enforcement identification. 

    11th staff hired environmental monitoring agencies (hereinafter "environmental watchdog"), should be consistent with the People's Republic of China relevant provisions of the law on civil servants.

    12th competent departments shall, in accordance with the needs of environmental protection, the environmental monitoring training five-year and annual plans, organizations conducting classification training. District municipal and county level environmental monitoring institutions in charge of and above the provincial level environment monitoring personnel training, organized by the Department of environmental protection.

    Other environmental inspectors on the job training, organized by the provincial environmental protection authorities.

    Environmental monitoring training of personnel, should serve as the environmental supervisor assessment, based primarily on serving.

    Article 13th on-site environmental monitoring of law enforcement personnel for on-site inspection, shall have the right to take the following measures:

    (A) enter the premises to inspect, sampling, monitoring, photographs, sound recordings, video recordings, a record;

    (B) consult and copy the relevant information;

    (C) the appointment, ask the person concerned requesting information on related matters, providing related materials;

    (D) be ordered to stop or correct violations;

    (E) application of summary procedure in administrative punishment and administrative punishment on the spot;

    (F) other measures stipulated by laws, rules and regulations.

    On-site inspections, on-site environmental monitoring of law enforcement personnel shall be not less than two, and show the certificate of China environmental supervision and law enforcement and other administrative documents, identification, description of the enforcement matter.

    Article 14th on-site environmental monitoring of law enforcement personnel shall obtain a certificate of China environmental supervision and law enforcement. To participate in job training and exam training certificates environmental inspectors, after it has been approved to issue the certificate of China environmental supervision and law enforcement.

    Certificate of China environmental supervision and law enforcement issues, use, management of the specific measures shall be separately formulated by the Environmental Protection Department.

    15th environmental monitoring institutions at all levels should establish a sound security system, perfect security measures, implementation of the duty of confidentiality, specify someone management secrecy routine.

    16th environmental monitoring personnel shall strictly abide by the discipline of the ICAC and requirements.

    17th environmental protection departments at all levels should establish a sound supervisory personnel appraisal system on the environment. For outstanding performance, environmental monitoring officers have made significant achievements, recognition and rewards.

    Breaking in the environmental monitoring environmental monitoring personnel, shall be subject to punishment, you can suspend, withdraw the certificate of China environmental supervision and law enforcement; suspected of constituting a crime, transferred to judicial organs for criminal responsibility shall be investigated according to law.

    Chapter III environmental monitoring

    18th environmental monitoring agency should be according to the environmental protection work of the administrative tasks, the number of sources, types, manage permissions, and so on, the environmental monitoring annual work plans.

    Environmental monitoring implementation reported to the competent Department of environmental protection at the same level for approval the annual plan, and copied to the previous environment watchdog. 19th annual environmental monitoring agency should be based on environmental monitoring work plan, organize on-site inspections.

    Routine inspections or on-site inspections can take focus on the way.

    Article 20th emissions for polluters to declare the type and quantity of pollutants, environmental monitoring agency responsible for approved according to law.

    21st environmental monitoring institutions shall, in accordance with the sewage fee collection standards and approved by the type and quantity of pollutants, for the sewage to the sewage charges.

    The pay reduction, exemption, application for holdover of the sewage charges, environmental monitoring agency shall examine.

    22nd in violation of environmental protection laws, regulations and rules, the Environmental Protection Department shall order the violator to correct or rectify, and to impose administrative penalties in accordance with law.

    23rd for violations of environmental protection laws and regulations, seriously pollute the environment or cause significant social impacts of environmental law, environmental protection departments may put forward clear requirements, deadline and urge the relevant departments to handle, and the result to the public.

    24th environmental inspectorate is responsible for enforcement of environmental administrative law enforcement post supervision, supervision and punishment of environmental administration, implementation of specific administrative actions such as Executive orders.

    25th enterprises and institutions seriously pollute the environment or cause serious ecological damage, interviewed by the environmental authorities or environmental monitoring agencies can charge, urging its rectification.

    For outstanding environmental protection targets or serious and extremely serious environmental accidents, environmental authorities or environmental monitoring agencies can interview local people's Governments at lower levels, and demanded that local people's Governments shall perform their duties, implementation of corrective measures, and to make recommendations for improvements.

    26th article on law accepted of case, belongs to this organ jurisdiction of, environmental protection competent sector should according to provides of time and program law processing; belongs to environmental protection competent sector jurisdiction but not belongs to this organ jurisdiction of, accepted case of environmental protection competent sector should transferred has jurisdiction right of environmental protection competent sector processing; not belongs to environmental protection competent sector jurisdiction of, accepted case of environmental protection competent sector should transferred has jurisdiction right of organ processing.

    Environmental protection departments should strengthen cooperation and collaboration with the judiciary, and in accordance with work requirements, combined with other common law enforcement.

    27th environmental protection authorities shall inform each other of the adjacent administrative areas environmental monitoring of law enforcement information, strengthen communication, coordination and cooperation.

    The same regional, watershed, environmental protection departments should strengthen information-sharing, joint inspections and enforcement activities.

    Environmental monitoring institutions should strengthen information and statistics, and special reports, periodic reports, statistical reports and other forms, to similar environmental protection authorities and superior environmental monitoring institutions to report the administration of environmental monitoring work.

    Environmental protection authority shall disclose the information on environmental monitoring.
28th superior environmental protection departments at lower levels in environmental monitoring, the Environmental Protection Department shall perform their duties, the exercise of authority and discipline inspection.

    29th environmental monitoring in the form of pollution source monitoring, construction project inspection, emission registration, collecting fees, administrative penalties and other materials should be arranged in a timely manner, filing.

    30th superior environmental monitoring agency should be on the next level the Environmental Protection Department annual assessment of environmental monitoring.

    The fourth chapter by-laws

    31st other agencies of the competent Department of environmental protection, Division of responsibilities can be determined according to the Environmental Protection Department, in accordance with the measures, specific environmental monitoring work in the implementation of its mandate.

    32nd article this way by the Environmental Protection Department is responsible for the explanation. 33rd article this way come into force on September 1, 2012. The interim measures for the supervision of the environment (91), Huan Jian Zi No. 338), environmental management systems (for trial implementation) (central prison (1996), No. 888), the environmental supervision procedures (trial implementation) (central prison (1996), No. 888), the environmental management system of open government (UNCED (1999), 15th) repealed simultaneously.