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Environmental Information Disclosure Procedures (Trial Implementation)

Original Language Title: 环境信息公开办法(试行)

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(April 11, 2007 the State environmental protection administration announced as of May 1, 2008, 35th) Chapter I General provisions article in order to promote and standardize the Administrative Department of environmental protection (hereinafter referred to as environmental protection departments), as well as public environmental information, maintenance of citizens, legal persons and other organizations, rights of access to environmental information, to promote public participation in environmental protection, according to the People's Republic of China Government information disclosure regulations, the People's Republic of China cleaner production promotion law and the
    Decision of the State Council on implementing the scientific concept of development to strengthen environmental protection, as well as other relevant provisions, these measures are formulated.
    Article referred to environmental information, including environmental information and environmental information.
    Government environmental information refers to environmental protection departments in fulfilling environmental protection responsibilities of make or obtain, record, maintained in some form of information.
    Environmental information, refers to certain forms of recording, storing, and the business activities of the environmental effects and environmental behavior-related information.
    Article State environmental protection agency is responsible for promoting, directing, coordinating and supervising the country's environmental information disclosure services.
    Local people's Governments at or above the county level environmental protection Department is responsible for organizing, coordinating, monitoring environmental information disclosure work within their respective administrative areas.
    Fourth environmental protection departments should follow fair, equitable, accessible and objective principles, timely and accurate environmental information to the public.
    Openness of enterprises shall, in accordance with the voluntary and the mandatory principle of combining open, timely and accurate environmental information to the public.
    Five citizens, legal persons and other organizations can apply to the Environmental Protection Department for environmental information.
    Article sixth environmental protection departments should establish and improve the disclosure of environmental information systems.
    General Office of the State environmental protection administration, as a Government Organization of environmental information publicity work in this sector, the operational agencies according to the Division of responsibilities to Government disclosure of environmental information in this field.
    Local people's Governments at or above the county level government departments according to their own circumstances to determine the sectors of environmental protection organization of the environmental information disclosure, responsible for organization and implementation of environmental information publicity work of the Government in this sector. Environmental sector is responsible for Government environment information public work of organization institutions of specific duties is: (a) organization developed this sector Government environment information public of regulations, and work rules; (ii) organization coordination this sector the business institutions of Government environment information public work; (three) Organization maintenance and update this sector public of Government environment information; (four) supervision assessment this sector the business institutions Government environment information public work; (five) Organization prepared this sector Government environment information public Guide, and
    Government list of environmental information disclosure and access to environmental information in annual report on the work of the Government; (vi) supervise subordinate Department of environmental protection Government of access to environmental information; (VII) monitor the enterprise's environmental information disclosure work; (VIII) is responsible for the administration of access to environmental information before confidential review and (IX) other responsibilities relating to access to environmental information in this sector.
    Article citizens, legal persons and other organizations use the transparency of information and must not harm national interests, public interests and the legitimate interests of others.
    Eighth from the environmental protection department personnel, funding for environmental information disclosure guarantee jobs in this sector.
    Nineth environmental information in accordance with the relevant provisions of the State Environmental Protection Department of the Government needs approval of unauthorised release.
    Article tenth environmental protection departments to disclose environmental information should not endanger national security, public safety, economic security and social stability. Second chapter Government environment information public first section public of range 11th article environmental sector should in duties permission range within to social active public following Government environment information: (a) environmental protection legal, and regulations, and regulations, and standard and other normative file; (ii) environmental protection planning; (three) environment quality status; (four) environment statistics and environment survey information; (five) burst environment event of emergency plans, and forecast, and occurred and disposal, situation; (six) main pollutants emissions total index distribution and the implementation situation , Sewage license issued situation, city environment integrated regulation quantitative assessment results; (seven) big, and in the city solid waste of type, and produced volume, and disposal status, information; (eight) construction project environment effect evaluation file accepted situation, accepted of environment effect evaluation file of approval results and construction project completed environmental protection acceptance results, other environmental protection administrative license of project, and according to, and conditions, and program and results; (nine) sewage fee levy of project, and according to, and standard and program, sewage who should paid of sewage fee amounts , And actual levy amounts and relief sustained situation; (10) environmental administrative career sex charges of project, and according to, and standard and program; (11) by survey verified of public on environment problem or on Enterprise pollution environment of petition, and complaints case and processing results; (12) environment administrative punishment, and administrative reconsideration, and administrative litigation and implementation administrative forced measures of situation; (13) pollutants emissions over national or place emissions standard,
    Or pollutants emissions total over place Government approved of emissions total control index of pollution serious of enterprise list; (14) occurred major, and King pollution accident or event of enterprise list, refused to implementation has entered into force of environment administrative punishment decided of enterprise list; (15) environmental protection created approval results; (16) environmental sector of institutions set, and work duties and contact way, situation; (17) legal, and regulations, and regulations provides should public of other environment information.
    Environmental protection departments should be prepared in accordance with the scope of the provisions of the preceding paragraph of this sector of government public directories of environmental information.
    12th environmental protection departments should establish and perfect publication of classified government environmental information review mechanisms and clear review of the procedures and responsibilities.
    Environmental protection departments in public before the Government's environmental information shall be in accordance with the People's Republic of China Law on guarding State secrets, as well as other laws and regulations and the relevant provisions of the State review. Environmental protection departments should not be involving State secrets, business secrets and personal privacy of government environmental information.
    However, the rights holders agree or the Environmental Protection Department does not consider the public may have a significant impact on public interests of commercial secrets or personal privacy of government environmental information, to be made public.
    Department of environmental protection when exposed to environmental information are not sure whether the Government can, shall, in accordance with the laws and regulations and the relevant provisions of the State competent department or determined by the Security Department at the same level.
    Section II public way program 13th and the Environmental Protection Department will take the initiative of public environmental information through Government websites, bulletins, press releases, as well as press, radio, television, and other easy to expose well-known to the public. 14th Government subject to disclosure of environmental information, the Environmental Protection Department should be from the environmental information form or within 20 working days from the date of the change be made public.
    Laws and regulations on Government's environmental information disclosure provisions of term from its provisions.
    15th environmental protection departments should prepare, publish open Government Guide to access to environmental information and environmental information directory, and update.
    Government environmental information disclosure guidelines should include classification, presentation system, access to information, environmental information disclosure of the Government institution's name, Office address, office hours, phone number, fax number, email and so on.
    List of government environmental information disclosure shall include the index name, information, content outline, build dates, opening times and other information.
    16th the citizens, legal persons and other organizations in accordance with this approach in article fifth application for environmental protection departments with government environmental information shall be made in writing letters, faxes, e-mail messages and there is difficulty in written form, the applicant may be formulated orally, by the Environmental Protection Department Government environmental information disclosure institution to fill out applications for Government disclosure of environmental information.
    Government environmental information disclosure application shall contain the following information: (a) the name or names and contact information of the applicant, (ii) for open government environmental information contents description, (iii) public environmental information in the form of government requirements. 17th article on Government environment information public application, environmental sector should according to following situation respectively made replies: (a) application public of information belongs to public range of, should told applicants Gets the Government environment information of way and way; (ii) application public of information belongs to not public range of, should told applicants the Government environment information not public and description reason; (three) law not belongs to this sector public or the Government environment information not exists of, should told applicants
    ; To be able to determine if the Government's environmental information public institutions shall inform the Executive's name and contact information of the applicant; (d) the request is not clear, it shall notify the applicant change, Supplement.
    18th Environmental Protection Department shall, from the date of receipt of the application within 15 business days with a response; unable to respond within 15 working days, agreed by the heads of environmental information publicity work of the Government agencies, may be appropriately extended reply deadline and shall inform the applicant, extend the deadline for reply shall not exceed 15 working days. Third chapter enterprise environment information public 19th article national encourages enterprise voluntary public following enterprise environment information: (a) enterprise environmental protection approach, and annual environmental protection target and the effectiveness; (ii) Enterprise annual resources consumption total; (three) enterprise environmental investment and environment technology development situation; (four) Enterprise emissions pollutants type, and number, and concentration and went; (five) enterprise environmental facilities of construction and run situation; (six) enterprise in production process in the produced of waste of processing, and disposal situation, abandoned products of recycling, and Comprehensive utilization and (g) voluntary agreement signed by environmental protection departments to improve the environment; (VIII) corporate social responsibility and (IX) other voluntary public environmental information of enterprises.

    20th article included this approach 11th article first paragraph subsection (13) items list of enterprise, should to social public following information: (a) Enterprise name, and address, and statutory representative people; (ii) main pollutants of name, and emissions way, and emissions concentration and total, and exceeded, and Super total situation; (three) enterprise environmental facilities of construction and run situation; (four) pollution accident emergency plans.
    Enterprise commercial confidentiality is not an excuse, refused to make public environmental information set out in the preceding paragraph.
    21st in accordance with this article 20th provision of environmental information to the public enterprises, in the environmental sector in the 30th after the published list, published in major media, where environmental information and environmental information to the public report the Environmental Protection Department.
    Environmental protection departments have the right to release environmental information for verification.
    22nd in accordance with this article 19th of voluntary public environmental information of enterprises, can be environmental information through the media, the Internet, or through the publication of annual reports to the public in the form of.
    23rd article on voluntary public enterprise environment behavior information, and and model comply with environmental legal regulations of enterprise, environmental sector can give following award: (a) in local main media public recognition; (ii) in accordance with national about provides priority arrangements environmental special funds project; (three) in accordance with national about provides priority recommended clean production model project or other national provides funds grants of model project; (four) national provides of other award measures.
    The fourth chapter supervision and liability article 24th environmental protection departments should establish and improve government access to environmental information assessment system, social commentary and accountability systems, government environmental information available to the public on a regular basis for examination and deliberation.
    25th environmental protection sectors shall be published before March 31 of each year of access to environmental information in annual report on the work of the Government in this sector.
    Government environment information public work annual report should including following content: (a) environmental sector active public Government environment information of situation; (ii) environmental sector according to application public Government environment information and not public Government environment information of situation; (three) for Government environment information public application administrative reconsideration, and filed administrative litigation of situation; (four) Government environment information public work exists of problems and the improved situation; (five) other need report of matters. 26th the citizens, legal persons and other organizations that environmental protection departments failing to meet government environmental information disclosure obligations, environmental protection departments to report to their superiors.
    Received reports of the Environmental Protection Department shall supervise subordinate Department of environmental protection to meet government environmental information disclosure obligations.
    Citizens, legal persons and other organizations that environmental protection departments under the environmental information disclosure work violations of their legitimate rights and interests of the specific administrative act, may apply for administrative reconsideration or bring an administrative suit.
    27th article environmental sector violation this approach provides, has following case one of of, Shang level environmental sector should ordered its corrected; plot serious of, on has directly responsibility of competent personnel and other directly responsibility personnel law give administrative sanctions: (a) not law perform Government environment information public obligations of; (ii) not timely update Government environment information content, and Government environment information public Guide and Government environment information public directory of; (three) in public Government environment information process in the violation provides charged costs of;
    (D) through other organizations, individuals paid service provision of government environmental information; (e) open government environmental information should not be exposed, and (vi) other acts in violation of these rules.
    28th article violation this approach 20th article provides, pollutants emissions over national or place emissions standard, or pollutants emissions total over place Government approved of emissions total control index of pollution serious of enterprise, not announced or not by provides requirements announced pollutants emissions situation of, by County above place government environmental sector according to People's Republic of China clean production promote method of provides, at 100,000 yuan following fine, and on behalf of announced.
                                                                                    The fifth chapter by-laws 29th these measures shall come into force on May 1, 2008.