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Henan Province Environmental Monitoring Schemes

Original Language Title: 河南省环境监察办法

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Environmental inspection in Southern Province

(Adopted at the 82th ordinary meeting of the People's Government of Southern Province on 14 February 2011, No. 139 of the Order of the People's Government of the River Southern Province on 9 March 2011, issued since 1 May 2011)

Chapter I General

Article 1, in order to regulate environmental inspections and enhance the effectiveness of environmental monitoring, establishes this approach in line with relevant laws, regulations, such as the People's Republic of China Act on Environmental Protection.

Article 2 of this approach refers to environmental monitoring by environmental authorities in accordance with environmental protection laws, regulations and regulations, environmental monitoring, investigation of environmental violations, administrative sanctions or administrative enforcement activities of other administrative measures.

Article 3 applies to environmental inspection activities within the province's administration.

Article IV Environmental monitoring is guided by the principles of legality, impartiality, openness and integrity, and upholds the integration of environmental protection and the promotion of economic and social development, the integration of education and punishment, the strict enforcement and the guiding self-respect law.

Article 5 Governments of more people at the district level should strengthen their leadership in environmental protection efforts and, in accordance with national environmental monitoring standardization requirements, provide the necessary conditions for environmental monitoring to include environmental inspection requirements in the same-tier financial budget.

Article 6. Provincial environmental protection authorities are responsible for environmental monitoring throughout the province, and the environmental monitoring of the environment within the current administrative area is the responsibility of the environmental authorities of the more than the people of the district. Environmental monitoring agencies affiliated with environmental protection authorities are specifically responsible for environmental monitoring.

The relevant sectors of the population at the district level should be jointly monitored in accordance with their respective responsibilities.

Article 7. Any unit and individual have the obligation to protect the environment and has the right to investigate and prosecute the units and individuals of the pollution and destruction environment.

Chapter II

Article 8. Environmental monitoring by environmental protection authorities and fulfilment of the following responsibilities:

(i) Promotion of environmental protection laws, regulations, regulations and regulations;

(ii) Oversight of compliance by inspection units and individuals with, implementation of environmental protection laws, regulations and regulations;

(iii) To receive reports and complaints of environmental violations;

(iv) To correct and investigate environmental protection violations by law;

(v) Seizure registration, authorization for humiliation and leakage;

(vi) Organizing environmental monitoring inspections to guide, monitor environmental monitoring by environmental authorities;

(vii) Other environmental inspection responsibilities under laws, regulations and regulations.

Article 9. Environmental protection authorities are responsible for the following environmental inspection matters:

(i) Implementation of the project-building environmental impact evaluation system and the construction of the project “three parallel” system;

(ii) Implementation of ecological environmental protection provisions;

(iii) Emissions from various sources of pollution;

(iv) Management of contaminated facilities;

(v) The completion of the time-bound governance project;

(vi) Administrative penalties and the implementation of decisions;

(vii) Problem environmental events, environmental pollution accidents and dispute investigation;

(viii) Exclusive registration, authorization for humiliation and leakage;

(ix) Other environmental inspections under the laws, regulations and regulations.

Article 10 Environmental monitoring by environmental authorities may take the following measures:

(i) On-site inspection of various sources of pollution and construction projects and centralized pollution control facilities;

(ii) Explore the inspectorate and the associated personnel on inspection matters;

(iii) To request the inspectorate and the associated personnel to provide information and in kind on matters related to inspection;

(iv) Collection of information and information, including recording, recording, photographing or reproduction, sampling;

(v) To impose an immediate end to ongoing violations by environmental law units and, where necessary, to the facilities, equipment and goods of the ODS;

(vi) Other measures under laws, regulations and regulations.

Article 11. Environmental protection authorities and their staff should comply with the following provisions:

(i) Be familiar with the laws, regulations, regulations and regulations relating to the work of the job and are faithful to his/her duties;

(ii) Law-based, judicial and civilized law enforcement;

(iii) No abuse of authority, indiscriminate punishment;

(iv) No person shall be subjected to harassment or to the property of the person concerned, as well as other means of violating the rights of the person concerned, property rights;

(v) Non-disclosure of commercial secrets, technical secrets and the information of the inspector;

(vi) Protection of the legitimate rights and interests of citizens, legal persons and other organizations by law;

(vii) The relevant provisions of laws, regulations, regulations and regulations.

Chapter III Implementation of environmental monitoring

Article 12 Environmental inspections can be carried out on a daily basis, including through specialized inspections, identification and concealment.

The inspection should be carried out in accordance with the provisions, frequency, procedures, etc., and the identification of environmental offences should be stopped immediately.

The inspection shall produce a notice and be signed or a chapter signed by the subject of the inspection; the object of which the object of the inspection rejects the signature or chapter shall indicate the reasons and invite local relevant organizations or individuals to sign the certificate.

Article 13 Implementation of environmental inspections should be carried out by more than two environmental monitors and presented law enforcement documents to the subject. The relationship between environmental monitors and those subject to inspection should be avoided.

Article 14. Environmental monitoring is carried out by environmental protection authorities, which can be assisted by professional institutions or professionals.

Article 15. Environmental inspectors shall make environmental monitoring reports within seven working days of the field environmental inspection. In relation to the existence of environmental violations, recommendations were made to address such issues as the issuance of inspection notices, correspondence and limited governance, suspension, closure and prosecution.

Article 16 stipulates that environmental protection authorities should file cases where environmental law is required to be determined by law, in addition to administrative penalties that may be imposed by law. An environmental offence requiring immediate identification may be investigated before the evidence is obtained and an additional case procedure within seven working days. Significant cases in the case should be reported at the level of the environmental protection authorities.

Article 17 violates the environment in which the environmental authorities must conduct a comprehensive, objective and impartial investigation into the collection of evidence.

Article 18 investigates the end of the survey and the heads of environmental authorities shall review the findings and make the following decisions according to the circumstances:

(i) The fact that the violation cannot be established and the case should be cancelled; the withdrawal of major cases should be reported to the environmental protection authorities at the highest level;

(ii) A minor offence may not be subject to administrative penalties by law;

(iii) The existence of environmental offences punishable by administrative penalties and administrative sanctions, in accordance with circumstances and circumstances;

(iv) The administrative disposition of the parties should be given to the relevant authorities;

(v) The offence has been committed and the transfer of criminal responsibility to the judiciary.

Implementation of complex or significant environmental violations is carried out in accordance with the provisions of the National People's Republic of China Administrative Punishment Act.

Major administrative sanctions decisions should be made available to environmental protection authorities at the highest level.

Article 19 Environmental protection authorities should inform the parties of the facts, rationales and bases of administrative sanctions decisions prior to the adoption of administrative sanctions decisions and inform the parties of their rights under the law. The parties have made presentations and argued that the environmental protection authorities must fully listen to the views of the parties and that the facts, rationales and evidence presented by the parties should be reviewed; the facts, reasons and evidence presented by the parties should be adopted.

The right of the parties to require a hearing should be informed before the environmental protection authorities decide to impose administrative penalties such as the suspension of the property, the suspension of the licence or the greater amount of fine.

Article 21, when environmental protection authorities inspect and investigate environmental violations, found that the parties should be found to be in breach of the law and inviolence by other bodies, and that the relevant organs should be informed or transferred to the relevant bodies.

Article 2 Environmental protection authorities should be public and public scrutiny.

Article 23 Environmental protection authorities should put in place environmental inspection responsibilities regimes, strictly environmental inspection inspections and awards, and strengthen environmental oversight accountability.

Article 24 of the Environmental Protection Authority authorities have found violations and violations in environmental inspections and should be addressed in accordance with the relevant provisions.

Article 25 Environmental protection authorities should promptly collate all materials for inspection, investigation and punishment cases, with volumes and establish archives.

Chapter IV Accountability

Article 26 Environmental protection authorities and their staff have one of the following acts, which are governed by the law by an exemption authority or by an inspectorate, which is a administrative law enforcement officer and, in accordance with the relevant provisions, recovers administrative law enforcement documents and relocates to the law enforcement positions; indemnities are provided to the parties in accordance with the law; and criminal liability in accordance with the law:

(i) Failure to perform the statutory duties;

(ii) Execution of administrative penalties and treatment of decisions in violation;

(iii) To cover environmental violations committed by the inspectorate;

(iv) Abuse of mandates and indiscriminate sanctions;

(v) To harass the parties or to the parties, and to take other means to violate the rights of the parties, property rights;

(vi) Disclosure of commercial secrets, technical secrets and the information of the person being inspected;

(vii) Other acts prescribed by law, regulations and regulations.

Chapter V

Article 27 of this approach is implemented effective 1 May 2011.