Public Participation In Environmental Protection In Shenyang City Approach

Original Language Title: 沈阳市公众参与环境保护办法

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(October 24, 2005, Shenyang city people's Government, the 46th Executive meeting November 16, 2005, Shenyang city people's Government promulgated as of January 1, 2006, 42nd) first in order to safeguard public interests, enhance the openness and democratic environmental protection work, according to the People's Republic of China environmental protection law, combined with the city's actual, these measures are formulated.
    Second public in these measures refers to have the full capacity of a natural person, legal person or other organization.
    Article these measures apply to public participation in environmental protection activities in the administrative area of the city.
    Article fourth extensive public participation in environmental protection activities, equality, democracy, openness and transparency, the principle of good faith. Fifth article public participation environmental protection has following right: (a) to statutory way participation environment legislation; (ii) to statutory way participation environment policy of developed and environment planning of prepared; (three) to statutory way participation construction project environment effect evaluation; (four) get and using environment public information; (five) on environmental protection work proposed criticism and recommends; (six) on pollution and damage environment of behavior for report and charged; (seven) in by pollution damage Shi law requirements compensation; (eight) reported environmental protection corporate
    Violations of the person; (IX) other rights prescribed by law, rules and regulations. Sixth of municipal, district and County (City) environmental protection Administrative Department of the people's Government is responsible for the implementation of these measures.
    Relevant government departments at all levels shall assist the Administrative Department of environmental protection public participation in environmental protection work.
    Seventh article on public participation in environmental protection to make outstanding contributions to the units and individuals, cities, districts, counties (cities) people's Governments shall be awarded.
    Eighth of municipal, district and County (City) Department of environmental protection administration should be established with the participation of representatives of the public Advisory Committee on the environment, and environmental protection supervisors, supervise environmental protection work, publicity and public review of environmental protection environmental protection work carried out.
    Nineth environmental information for public information, with the exception of cases involving State requires secrecy, municipal, district and County (City) competent administrative departments of people's Governments and their environmental protection should give the public a comprehensive and timely environmental information. Tenth Article following environment information should to public or announced: (a) national and province, and city environmental protection legal, and regulations, and regulations and other normative file; (ii) national and province, and city environmental protection policy, and city environmental protection planning and plans; (three) various environment standard and the environment function Division; (four) various sources enterprise sewage status and pollution governance situation; (five) city, and district, and County (City) administrative environment quality status; (six) construction project environmental protection management situation; (seven) sewage fee levy according to, and
    Standards and use; (VIII) basis, criteria, procedures and implementation of administrative punishment; (IX) major responsibilities for environmental protection policies, programs and services commitments (10) major environmental governance, environmental protection and foreign investment projects and (11) other environmental information.
    11th public access to environmental information through the following means: (a) in writing and orally direct enquiries to the Department of environmental protection administration, (ii) by the competent administrative Department of environmental protection website, (iii) through the publication of environmental information query.
    12th public direct access to environmental information request, environmental protection Administrative Department shall respond within 15 working days after receiving the request, special circumstances may be extended to 30 working days.
    13th of municipal, district and County (City) Department of environmental protection administration should be released to the public once a year the Administration's environmental quality Communique.
    14th in the event of pollution accident, may pose a threat to public health and the environment under the emergency, the Administrative Department of environmental protection to the potentially affected public should quickly, release all the information helps the public to take measures to prevent and reduce the damage.
    15th article by environmental protection administrative competent sector finds of pollution enterprise should regularly to public announced this units following environmental protection information: (a) pollutants emissions total and the Super standard emissions pollutants status; (ii) pollutants emissions on environment caused of effect; (three) pollution accident of prevention and the countermeasures; (four) pollution governance plans and the annual implementation situation; (five) enterprise internal environment management situation.
    Polluting companies by city Administrative Department of environmental protection in accordance with enterprises and institutions in the sewage situation, determine the pollution load and impact on the environment, and to be published in the media on a regular basis.
    16th the Government and its Administrative Department of environmental protection in the development of environmental policies, environmental protection plan, the development of local environmental legislation, inter alia the State requires confidential content should be posted in the news media or the draft feasibility study meeting held, open for public comment, and has incorporated its reasonable suggestions.
    17th article except national provides need confidential of case outside, on environment may caused major effect, and needed prepared environment effect report book of construction project, environmental protection administrative competent sector must in since received construction project environment effect report book Hou 3rd within, in local news media or environmental protection website Shang announced the construction project information, including project name, and intends selected address, and project nature, and may on environment caused of effect, and control pollution and ecological damage of measures,.
    Public construction projects after the publication of information in the 5th, by phone, fax, letter, e-mail or any other means, to approve the project comments on the Administrative Department of environmental protection, should be adopted by the Administrative Department of environmental protection to legitimate concerns of the public.
    18th construction units should be attached to the approval of the environmental impact assessment report to authorities, experts and the public to adopt the text.
    19th construction units residents living in this city set up food and entertainment service industry in the region, by building local community Council, near the subdistrict office or other effective means to seek public views, and explain the public acceptance.
    20th public awareness of environmental pollution and ecological destruction of complaints as well as the recommendations of the public awareness of environmental protection, should be supported and encouraged by the Administrative Department of environmental protection, and setting up the telephone to receive public complaints, study options, accept the reasonable suggestions.
    The public bring environmental pollution damage compensation in civil proceedings before the Court, the Administrative Department of environmental protection should be supported in terms of pollution damage to the burden of proof.
    21st article violates these rules, Administrative Department of environmental protection does not require disclosure of environmental information or fails to perform the statutory duties of, by the Chief fault responsibility investigation authority ordered to perform, fails to perform, held its head and persons directly responsible for administrative responsibilities.
    22nd disobey article 18th, unpublished by the Administrative Department of environmental protection construction project information or the employer was not required to seek authorities, experts and the public, without authorization, approval of construction projects, the approval is not valid, and the administrative fault responsibility investigation authorities directly responsible for administrative sanctions. 23rd violates article 19th of these measures, the construction unit in residential construction catering and entertainment services within the area without public comment, no approval by the Administrative Department of environmental protection; without authorization and approval, directly responsible for administrative sanctions.
    Construction for public comment to deception, decided by the withdrawal of approval by the Administrative Department of environmental protection, and a fine of 30,000 yuan fine.
    Article 24th disobey article 15th, this unit is not published or not published in environmental information, published by the Administrative Department of environmental protection, and the units in charge shall be fined not more than 100,000 yuan.
                                      25th article this way come into force on January 1, 2006.