After The Environment Administration Law Enforcement Inspector Options

Original Language Title: 环境行政执法后督察办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201108/20110800347848.shtml

After the environment administration law enforcement Inspector options

    (December 15, 2010 the Ministry of environmental protection announced as of March 1, 2011, 14th) after first in order to standardize the administrative law enforcement supervision, enhance the efficiency of administrative law enforcement, these measures are formulated.

    Article inspector after the environment administration law enforcement in these measures refers to the Environmental Protection Department on environmental administrative punishments, administrative orders and other specific administrative measures to supervise and inspect the implementation of the administrative act.

Article people's Government above the county level after environmental protection authorities are responsible for organizing the implementation of environment administration law enforcement inspectors.

Of Governments or the environmental protection departments above the county level shall make administrative punishment, Executive orders and other specific administrative act, the people's Governments above the county level environmental monitoring departments of environmental protection bodies responsible for enforcement of environmental administrative law enforcement inspectors.

    Environment to the Ministry of environmental protection in accordance with administrative punishment, Executive orders and other specific administrative act, commissioned by the Department of environmental protection sent the environmental protection inspection bodies responsible for enforcement of environmental administrative law enforcement inspectors.

Fourth people's Governments above the county level after the Environmental Protection Department of environment administration law enforcement inspectors into the work environment administration law enforcement plan.

    To have a significant impact or cause serious pollution of the environment law, the people's Government above the county level inspectors after environmental protection departments should develop programmes of work, and organization.

    Fifth environmental protection departments in the people's Governments above the county level administrative punishment, Executive orders and other specific administrative act from the date of expiry of the period of 60 days after making the environment administration law enforcement inspectors.

Sixth people's Governments above the county level environmental protection Department of environment administration law enforcement inspectors after the following matters:

(A) the penalty shall be ordered to suspend production for rectification, ordered to shut down or go out of business, closing, confiscation illegal obtained, implementation of environmental administrative punishments such as confiscation of unlawful property or things of a decision;

(B) shall be ordered to correct or rectify violations, ordered to pay sewage charges, such as the environment the implementation of executive order;

    (C) the implementation of other specific administrative acts.

Seventh people's Governments above the county level when environment administration law enforcement inspectors after environmental protection authorities, law enforcement officers (hereinafter "after inspectors") shall not be less than two persons and in accordance with the needs, and to take the following measures:

   (A) enter the premises to inspect, survey, sampling, sound recordings, photographs, video or monitor;

   (B) asking the parties and persons concerned requesting clarification on related matters;

(C) the inspection, copying, production records, discharge records, monitoring reports and other relevant information;

(D) other measures that could be taken in accordance with law.

Inspectors after the on-site inspection shall be made of the environment administration law enforcement post supervision of scene examination record.

    Obligation of Inspectorate for inspectors after conservative in inspection of units obtained technical secrets and commercial secrets.

    Eighth after the administrative law enforcement supervision after the agencies for implementation after inspectors shall submit to the competent Department of the people's Governments at the corresponding level of environmental protection of the environment administration law enforcement after inspectors report, report a specific administrative act implementation, after inspectors carried out, identify problems, and put forward recommendations.

Nineth environmental protection departments under the people's Governments above the county level after the environment administration law enforcement Inspector's recommendations report, according to the treatment or punishment:

(A) fails to fulfill the administrative punishment decision, apply to the people's Court for compulsory execution;

(B) as required to complete a prescribed period of overdue tasks and submit them to have the right of approval of the people's Governments shall be ordered to suspend production or go out of business, closing;

(C) fails to correct environmental violations as required, according to the relevant laws and regulations provide for fines, order to suspend production, temporary suspension or revocation of licenses and other measures of administrative punishment, or be ordered to stop construction, shall be ordered to stop production, forced removal, assigned a management unit management or disposition of administrative coercive measures;

    (D) overdue for refusing to pay the sewage charges, will be punished according to law, and submitted to the approval authority for approval shall be ordered to stop production or business for rectifications;

(E) fails to fulfil or does not implement these measures listed in article sixth of administrative punishment, Executive orders and other specific administrative act, seriously polluting the environment or cause significant social impacts, in accordance with the relevant provisions of the listing supervision or suspend approval of the construction project environmental impact assessment documents; already listed for supervision or suspended approval of environmental impact evaluation of construction project document, will not be lifted;

(F) State-owned or State-controlled enterprises fails to fulfil or does not implement these measures listed in article sixth of administrative punishment, Executive orders and other specific administrative acts, related personnel responsibilities transferred to the supervisory organs held accountable according to law;

    (VII) the parties or relevant responsible persons suspected of a crime, transferred to judicial organs for criminal responsibility shall be investigated according to law.

    Tenth people's Governments above the county level environmental protection inspectors after environmental administrative law enforcement departments may be, as well as related penalties or to the business sector, the industrial and commercial sector, supervisory organs, the people's Bank and other regulatory responsibilities of departments or agencies.

    11th people's Governments above the county level environmental protection department shall, within the terms of reference to the public's refusal to enforce the binding list of environmental administrative punishment decision.

    Inspectorate of environment administration law enforcement after the 12th inspector during the neglect, abuse, deception, shall be subject to punishment; a suspected crime, transferred to judicial organs for criminal responsibility shall be investigated according to law. 13th environment to the lower level people's Governments Department of environmental protection administrative punishment, Executive orders and other specific administrative acts, superior government environmental protection authority in accordance with the regulations on its implementation after inspectors and inspectors, problems, comments and other feedback to departments of people's Governments at lower levels the environmental protection, and environmental protection departments to instruct the lower people's Government in accordance with law, punishment or treatment.

If necessary, the higher people's Government departments of environmental protection can be feedback to the relevant local people's Governments, discipline inspection bodies or joint investigations, pursue the administrative responsibility of those responsible.

    Higher people's Government inspectors after environmental protection authorities to engage in administrative law enforcement, should be in the specific administrative act after the expiry of the implementation period, are not subject to the 60-day limit provided for in article fifth. 14th these measures shall come into force on March 1, 2011.