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Violations Of Environmental Protection Disposal Tentative Provisions

Original Language Title: 环境保护违法违纪行为处分暂行规定

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(February 20, 2006 supervision, the State environmental protection administration released come into force on the date of promulgation, 10th) first in order to strengthen environmental protection work, the punishment of violations of environmental protection, promoting the implementation of environmental protection laws and regulations, in accordance with the People's Republic of China environmental protection law and the People's Republic of China on administrative supervision law and other relevant laws and regulations, this provision is enacted.
    Second State administrative organs and their staff, enterprise personnel appointed by State administrative organs in violation of environmental protection should be given sanctions, these provisions shall apply.
    Legal and administrative regulations provide for the punishment of violations of environmental protection, in accordance with its provisions.
    Article has violations of State administration of environmental protection, directly responsible to the person in charge and other direct liable persons, as well as violations of staff for the State administration of environmental protection (hereinafter referred to as persons directly responsible), by appointment and removal or organs in accordance with administrative rights, shall be given administrative sanctions.
    Violations of environmental protection of enterprises, directly responsible to the head of personnel and other personnel appointed by State administrative organs in people, by appointment and removal or organs in accordance with administrative rights, shall be subject to disciplinary action.
    Fourth article national administrative organ and staff has following behavior one of of, on directly responsibility personnel, give warning, and demerit or remember than disposition; plot more heavy of, give downgraded disposition; plot serious of, give dismissed disposition: (a) refused to implementation environmental protection legal, and regulations and Government on environmental protection of decided, and command of; (ii) developed or take and environmental protection legal, and regulations, and regulations and national environmental protection policy phase conflict of provides or measures, by pointed out that still not corrected of;
    (Three) violation national about industry policy, caused pollution or ecological damage of; (four) not according to national provides eliminated serious pollution environment of behind production technology, and process, and equipment or products of; (five) on serious pollution environment of enterprise institutions not law ordered deadline governance or not by provides ordered banned, and close, and discontinued of; (six) not according to national provides developed pollution and ecological damage burst event emergency plans of.
    Fifth article national administrative organ and staff has following behavior one of of, on directly responsibility personnel, give warning, and demerit or remember than disposition; plot more heavy of, give downgraded disposition; plot serious of, give dismissed disposition: (a) in organization environment effect evaluation Shi fraud or has dereliction of behavior, caused environment effect evaluation serious false, or on not law prepared environment effect chapter, and description or not law comes with environment effect report book of planning draft be approved of; (Ii) not according to statutory conditions or violation statutory program audit, and approval construction project environment effect evaluation file, or in approval, and audit construction project environment effect evaluation file Shi charged costs, plot serious of; (three) on law should for environment effect evaluation and not evaluation, or environment effect evaluation file without approved, unauthorized approved the project construction or unauthorized for its handle land, and construction, and registered registration, and license, and production (using) license of; (four) not according to provides issued sewage license, and
    Hazardous waste operating permit, medical waste disposal units operating permits, permits for nuclear and radiation safety and other environmental protection permit, or not in accordance with the provisions of the environmental protection approval document; (e) an approved sewage charges tax pay reduction, exemption, (vi) any other acts in violation of environmental regulations for licensing or approval. Sixth article national administrative organ and staff has following behavior one of of, on directly responsibility personnel, give warning, and demerit or remember than disposition; plot more heavy of, give downgraded disposition; plot serious of, give dismissed disposition: (a) without approved, unauthorized revoked nature reserve or unauthorized adjustment, and change nature reserve of nature, and range, and line, and function Division of; (ii) without approved, in nature reserve carried out visit, and tourism activities of; (three) opened and nature reserve protection direction inconsistent of visit
    , Tourism projects and (d) not in accordance with the approved programme of visits and tours. Seventh article law has environmental protection supervision management duties of national administrative organ and staff has following behavior one of of, on directly responsibility personnel, give warning, and demerit or remember than disposition; plot more heavy of, give downgraded disposition; plot serious of, give dismissed disposition: (a) not according to statutory conditions or violation statutory program, on environmental protection violations implementation administrative punishment of; (ii) unauthorized delegate environmental protection violations administrative punishment right of; (three) illegal implementation seized, and
    Environmental protection measures such as seizure, personal or property damage or losses caused to a legal person, other organization; (d) any other violation of environmental protection administrative punishment or committed acts of administrative enforcement measures. Eighth article law has environmental protection supervision management duties of national administrative organ and staff has following behavior one of of, on directly responsibility personnel, give warning, and demerit or remember than disposition; plot more heavy of, give downgraded or dismissed disposition; plot serious of, give fired disposition: (a) found environmental protection violations or received on environmental protection violations of reported Hou not timely be investigation of; (ii) on law made sewage license, and dangerous waste business license, and Nuclear and radiation security license, environmental protection license pieces or approved file of units not perform supervision management duties, caused serious consequences of; (three) occurred major pollution accident or ecological damage accident, not according to provides report or in report in the fraud, or not law take necessary measures or delay, and shuffle take measures, led accident expanded or delays accident processing of; (four) on law should transferred about organ processing of environmental protection illegal disciplinary case not transferred,
    Discipline officers escape punishment or administrative punishment or criminal punishment; (v) any other failure to comply with environmental protection supervision and Administration Act.
    Nineth article national administrative organ and staff has following behavior one of of, on directly responsibility personnel, give warning, and demerit or remember than disposition; plot more heavy of, give downgraded or dismissed disposition; plot serious of, give fired disposition: (a) using positions Shang of convenience, misappropriation, and steal, and cheat or to other means will collection of fine, and sewage fee or other property pocketed of; (ii) using positions Shang of convenience, obtained he property, or illegal received others property, for others seek interests of;
    (Iii) intercept or occupy environmental protection special funds or special funds for environmental protection purposes, (iv) unauthorized use, Exchange, sale or destruction was duly sealed up, distrained property; (e) fines, the confiscation of illegal income or property, interception, privately divide or disguised privately.
    Tenth State administrative organs and their staff for the unit under inspection after being tipped off, or shield, connive at violations of environmental protection, the persons directly responsible, demotion, or dismissal; a citizen, legal person or other organization's legitimate rights and interests, and heavy damage to the public interest, or cause mass incidents or conflicts, serious social unrest, expelled.
    11th article enterprise has following behavior one of of, on its directly is responsible for of competent personnel and other directly responsibility personnel in the by national administrative organ appointed of personnel give downgraded disposition; plot more heavy of, give dismissed or retained see disposition; plot serious of, give fired disposition: (a) not law perform environment effect evaluation file approval program, unauthorized starts construction, or by ordered stop construction, and deadline replacement environment effect evaluation approval procedures and late not do of;
    (Ii) and construction project supporting construction of environmental protection facilities not and subject engineering while design, and while construction, and while production using of; (three) unauthorized demolition, and idle or not normal using pollution governance facilities, or not normal sewage of; (four) violation environmental protection legal, and regulations, caused pollution accident, plot more heavy of; (five) not according to national about provides developed burst event emergency plans, or in burst event occurred Shi, not timely take effective control measures led to serious consequences of;
    (F) to continue after being closed, closing the production; (VII) deter, impede environmental enforcement personnel performing official business according to law; (VIII) any other violation of environmental protection laws and regulations for construction, production, or operation.
    12th environmental violations, suspected of a crime, and transferred to the judicial organs according to law.
    13th environmental protection Administrative Department and monitoring agencies in the investigation of environmental protection law in disciplinary cases, thought to belong to each other, within the mandate, should be transferred in a timely manner.
    Thought should be given to the persons who dispose of supervisory organs, shall make a decision or offered to dispose of the monitor.
    Article 14th authorized by laws and regulations to administer public affairs organizations and State administration authorities shall delegate the Organization and its staff, as well as other personnel appointed by State administrative organs of public institutions have violations of environmental protection shall be given sanctions, reference to these provisions.
    15th interpret these regulations by the Ministry of supervision and the State administration of environmental protection.
                                                                        16th article of the regulations come into force on the date of promulgation.