Henan Province Environmental Monitoring Schemes

Original Language Title: 河南省环境监察办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201110/20111000351936.shtml

Henan province environmental monitoring schemes

    (February 14, 2011 82nd meeting of the people's Government of Henan province considered by Henan provincial people's Government, the 139th announce March 9, 2011 as of May 1, 2011) Chapter I General provisions

    First to standardize the environmental monitoring Act, improve environmental monitoring capability, according to the People's Republic of China environmental protection law and other relevant laws and regulations, combined with the facts of the province, these measures are formulated.

    II environmental monitoring in these measures refers to the competent Department of environmental protection according to the environmental protection laws, rules and regulations implementing the environmental supervision and inspection, investigating environmental violations, impose administrative penalties or other administrative measures of administrative enforcement activities.

    Article environmental monitoring activities in the administrative area of the province to apply this approach.

    Article fourth environmental monitoring to follow lawful, fair, open and clean and efficient principles, persist in combining to enhance environmental protection and promote economic and social development, education, combined with penalties and strict enforcement combined with guided consciously abide by.

    Fifth people's Governments above the county level shall strengthen leadership on environmental protection, in accordance with the requirements of the national standardization construction of environmental monitoring, providing the necessary conditions for environmental monitoring, environmental monitoring requirements included in the budget at the same level. Sixth provincial environmental protection authorities are responsible for the provincial environment supervision; environmental protection authorities are responsible for the people's Governments above the county level environmental monitoring work within their respective administrative areas.

The competent Department of environmental protection's environmental monitoring agency has specific responsibility for environmental monitoring.

    Relevant departments of the people's Governments above the county level shall, in accordance with their respective responsibilities, to do environmental monitoring.

    Article seventh all units and individuals have the obligation to protect the environment, and the right to pollute and damage the environment unit or individual to impeach and accuse the Department of environmental protection.

    Chapter II environmental monitoring function

Article eighth environmental protection authorities to implement environmental monitoring, carry out the following functions:

(A) promote environmental protection laws, regulations and rules;

(B) supervision and inspection units and individual compliance, enforcement of environmental protection laws, regulations and rules;

(C) receiving reports, complaints of violations of environmental protection;

(D) correct according to law and investigate and deal with violations of environmental protection;

(E) approved by the responsible for sewage discharge registration scheme, emissions and sewage charges levied;

(F) Organization of environmental monitoring inspection, guidance, supervises the departments in charge of environmental protection and environmental monitoring;

    (G) the provisions of other laws, rules and regulations environmental monitoring responsibilities.

Nineth environmental protection authorities are responsible for the environmental monitoring of the following matters:

(A) the construction project environmental impact assessment and construction project "three simultaneous" system implementation;

(B) implementation of the provisions of the eco-environmental protection;

(C) the pollutant emissions of various types of pollution sources;

(D) the operation and management of pollution control facilities;

(E) limit abatement project completed;

(F) the administrative penalty, implementation of the decision;

(VII) environmental emergencies, environmental pollution situation investigation and handling of accidents and disputes;

(H) the volume of sewage discharge registration scheme, sewage and sewage charges approved collection;

    (I) laws, regulations, rules and regulations of the other environmental matters.

Tenth environmental protection authorities to implement environmental monitoring may take the following measures:

(A) the various types of pollution and construction projects on-site examinations and centralized pollution control facilities;

(B) the inspection asked the unit under inspection and related personnel;

(C) request units under inspection and related personnel with information and physical check relating to the subject matter;

(D) recording, audio, video, photo or copying, sampling and other methods for gathering relevant information and data;

(E) order to environmental law unit immediate cessation of violations that are taking place and, if necessary, can be related to units in facilities, equipment and supplies to take such measures as sealing up, withholding;

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

11th environmental protection departments and their staff to implement environmental monitoring shall comply with the following requirements:

(A) familiar with job-related laws, regulations, rules, loyalty;

(B) in accordance with the law, impartial, and civilized law enforcement;

(C) not abuse of authority, abuse of punishment;

(Iv) not to make things difficult for the party or to the party asking for property and other means to infringe the personal rights and property rights of the parties;

(E) must not leak monitoring business secrets, know-how and information about informants;

(F) to protect the legitimate rights and interests of citizens, legal persons and other organizations;

    (VII) relevant provisions of the laws, regulations and rules.

    Chapter III implementation of environmental monitoring

12th environmental monitoring checks can take daily inspection and special inspection, Ming try to find and dark way.

Examination should be conducted according to the regulation of content, frequency, and program requirements and found that environmental violations should be stopped immediately.

    Check a record shall be kept and signed or stamped by the inspected object; objects under inspection refuses to sign or seal, the reasons to be indicated, and invited the relevant organizations or individuals sign. 13th the implementation of environmental monitoring should be carried out by two or more environmental inspectors and law enforcement documents produced to the object being monitored.

    Environmental monitoring and monitor objects have direct interest should be avoided.

    14th environmental protection authorities to implement environmental monitoring, you can hire a professional institution or professional assistance. 15th environmental inspectors should be made within 7 working days after the on-site environmental monitoring environmental monitoring reports.

    On existing problems of environmental law, respectively, supervising the letter and issued monitoring the notification deadline management, production management, closing and filing penalties, such as recommendations. 16th the need to investigate and punish cases of environmental law, in addition to administrative penalty made on the spot, the Environmental Protection Department should be filed. For environmental violations requiring immediate investigation, investigation and evidence collection, and replacement within 7 working days filing procedures.

    File major cases shall be reported to the competent Department of environmental protection at a higher level for the record.

    Article 17th chartered environmental illegal cases, the competent Department of environmental protection must be comprehensive, objective and impartial investigation to collect relevant evidence.

Article 18th investigation ends, head of the Environmental Protection Department shall review the findings, according to different situation made the following decisions:

(A) the illegal facts cannot be established, the case shall be dismissed; cancellation of major cases shall be reported to the competent Department of environmental protection at a higher level for the record;

(B) the violation minor, no administrative penalty according to law, no administrative penalty;

(C) be subject to administrative penalties for environmental violations, according to the circumstances and specific circumstances, administrative punishment, treatment decisions are made;

(D) the Parties shall be given administrative sanctions, and transferred to the relevant Department;

(E) the violation constitutes a crime, transferred to judicial organs for criminal prosecution.

Complex or major environmental offences in accordance with the People's Republic of China administrative penalty provisions of that Act.

    Major administrative punishment decision should be up to environmental protection departments. 19th environmental protection departments before making the decision on administrative penalty, inform the parties of the facts, reasons and basis for administrative penalty decisions are made, and shall inform the Parties shall have the right to.

    Presentation and argued by the parties, the Environmental Protection Department must be fully listened to the views of the parties, the facts, reasons and evidence submitted by the parties should be reviewed; establishment of the facts, reasons and evidence submitted by the parties should be adopted.

    Article 20th Environmental Protection Department order to suspend, rescission of a license or a larger amount of fines and other administrative penalties before a decision, it shall inform the parties have the right to request hearings; the parties to request a hearing, shall organize the hearing.

    21st environmental protection authorities when examining, investigating environmental violations, found that parties should be investigated by other bodies of law, delinquent behavior, and shall inform the relevant authority or transfer the case to the relevant authorities.

    22nd environmental protection departments should implement open Government and public scrutiny.

    23rd environmental protection departments should carry out environmental monitoring system, strict environmental monitoring assessment and reward and punishment, strengthening environmental monitoring the fault responsibility investigation.

    24th environmental protection authorities in environmental monitoring audit found illegal or irregular behaviour, should be dealt with in accordance with the relevant provisions.

    25th environmental protection departments will check, investigation and punishment of cases all the time, bound into volumes, archives.

    The fourth chapter liability

26th environmental protection departments and their staff, one of the following acts, by appointment and removal or the supervisory organs shall be given administrative sanctions, administrative law enforcement personnel, in accordance with the relevant provisions of recovering administrative law enforcement, out of law enforcement jobs losses caused to a party, and shall be subject to compensation constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) fails to perform the statutory duties;

(B) an administrative punishment, treatment decisions are made;

(C) the shield are monitoring environmental violations;

(D) abuse of power, abuse of punishment;

(E) make things difficult for the party or to the party asking for property and other means to infringe the personal rights and property rights of the parties;

(F) the leak being monitored object's business secrets, know-how and information about informants;

    (G) the laws and regulations of the other Act and the regulations.

    The fifth chapter by-laws 27th article this way come into force May 1, 2011.