The newly revised regulations further refine the prevention and control objectives, harden the prevention and control measures, optimize the management system and mechanism, strengthen the supervision means and legal responsibilities, and provide a strong legal guarantee for the prevention and control of water pollution in Chaohu Lake Basin. On July 22nd, the 9th edition of Anhui Daily explained this.
Redefining the subject of responsibility
Original: Hefei Municipal People's Government takes overall responsibility for the water environment quality of Chaohu Lake Basin.
The competent administrative department of environmental protection of the provincial people's government is responsible for the unified supervision and management of water environment prevention and control in Chaohu Lake Basin.
Interpretation: Chaohu Lake Basin is one of the key water pollution control basins in China. 1987, the thirty-first meeting of the Standing Committee of the Sixth Provincial People's Congress deliberated and promulgated the Regulations on Water Source Protection in Chaohu Lake. From 65438 to 0998, the Seventh Session of the Standing Committee of the Ninth Provincial People's Congress revised it and promulgated the Regulations on the Prevention and Control of Water Pollution in Chaohu Lake Basin (hereinafter referred to as the Regulations). In order to do a good job in the prevention and control of water pollution in Chaohu Lake Basin under the new situation, the Standing Committee of the Provincial People's Congress deliberated the revised draft three times in February 20 12, September 20 13 and July this year respectively.
After the cancellation of the original Chaohu City, the administrative subject of Chaohu Basin has been adjusted, and the responsibility for water pollution prevention and control needs to be adjusted accordingly. During the three-year revision process, how to straighten out the administrative system of water pollution prevention and control in Chaohu Lake Basin has always been the focus of attention. In the first trial alone, 14 members put forward the opinion of "further rationalizing the administrative system". Accordingly, the leaders in charge of the Standing Committee of the Provincial People's Congress and the Legal Committee have done a series of research and coordination work. The revised regulations finally make it clear that the provincial people's government should establish a deliberation and coordination mechanism, unify the regulatory responsibilities of the provincial environmental protection department, clarify the specific regulatory responsibilities of the provincial Chaohu Administration, and strengthen Hefei's dominant position in Chaohu Lake governance.
According to the regulations, the provincial government has established a deliberation and coordination mechanism for the prevention and control of water pollution in Chaohu Lake Basin to coordinate and solve major problems in the prevention and control of water pollution in Chaohu Lake Basin. Hefei municipal government takes overall responsibility for the water environment quality of Chaohu Lake Basin; According to the plan of water pollution prevention and control in Chaohu Lake Basin, formulate and organize the implementation of the action plan of water pollution prevention and control in Chaohu Lake Basin, and guide, coordinate and urge the people's governments at the county level within their jurisdiction to perform their duties of water pollution prevention and control.
The regulations also require that the municipal governments of Lu 'an, Anqing, Wuhu and Maanshan and relevant county-level governments should be responsible for the water environment quality of Chaohu Lake Basin within their respective administrative areas; Ensure that the water quality of the out-of-bounds river section of Chaohu Lake basin meets the requirements of water environment quality, and implement the responsibility system for water quality handover between upstream and downstream administrative boundaries of cities and counties. The township government shall assist the higher government and relevant departments to strengthen comprehensive improvement such as sewage interception, dredging, cleaning and ecological restoration. , the implementation of agricultural and rural pollution control measures, such as the establishment of garbage and sewage collection and treatment system.
In view of the fact that Chaohu Provincial Bureau is a newly established institution after the adjustment of administrative divisions of Chaohu Lake, the regulations stipulate that Chaohu Provincial Bureau is responsible for the supervision and management of water pollution prevention and control in the first-class protected areas of water environment, and performs other duties determined by the provincial government and entrusted by the Hefei Municipal Government.
It is forbidden to build new polluting enterprises in protected areas.
Original: Three-level protection of water environment in Chaohu Lake Basin.
The specific scope of the first, second and third level water environmental protection zones in Chaohu Lake Basin shall be determined and promulgated by the provincial people's government.
Interpretation: "The size of protected areas is related to the development and protection of Chaohu Lake Basin." Miao, director of the provincial environmental protection department, explained the revised draft, saying that the water environment in Chaohu Lake Basin should be protected to varying degrees by learning from the practices of water pollution control in Taihu Lake Basin in Jiangsu Province.
It is reported that when the provincial government organized the drafting of the revised draft, it conducted in-depth research and demonstration on the Chaohu Lake Basin and did a lot of preliminary work. According to the aerial photos of Chaohu Lake, there are 23 industrial and mining enterprises in China, with the coastline of Chaohu Lake extending 3000 meters and the rivers entering the lake traced back to 10000 meters. Among them, there are two industrial and mining enterprises in China, the coastline of Chaohu Lake extends to 1000 meters, and the rivers entering the lake trace back to 10000 meters, with 200 meters on both sides.
After comprehensive consideration of various factors, the "Regulations" make it clear that the water environment in Chaohu Lake Basin is protected at the third level, and the inland areas within the range of 1 1,000m, 1 1,000m and 200m on both sides of the coast are protected at the first level. The coastline of Chaohu Lake extends inland from 1 0,000 meters to 3,000 meters, and the inland from 200 meters to 1 0,000 meters on both sides of the river entering the lake is a secondary protection zone. Other areas are three-level protected areas. The specific scope of the reserve is determined and announced by the provincial government.
According to the regulations, it is forbidden to build new chemical pulp and paper enterprises in the first, second and third class protected areas of water environment; It is forbidden to build new small-scale projects with serious water pollution such as tanning, chemical industry, printing and dyeing, electroplating, brewing, cement, asbestos and glass; Prohibit the sale and use of phosphorus-containing washing products and other acts prohibited by laws and regulations.
It is forbidden to build new chemical pulp and paper enterprises in the first and second protected areas of water environment; It is forbidden to build or expand tannery, chemical industry, printing and dyeing, electroplating, brewing, cement, asbestos, glass and other projects with serious water pollution; It is forbidden to build or expand sewage outlets other than centralized sewage treatment facilities.
The first-class water environmental protection zone prohibits the construction and expansion of construction projects that discharge water pollutants; Prohibit the transport of highly toxic chemicals and other dangerous chemicals prohibited by the state; It is forbidden to set up storage and transportation facilities for toxic substances and dangerous chemicals; It is forbidden to engage in net enclosure and cage culture; It is forbidden to use mechanical snail suction and bottom trawl for fishing; It is forbidden to set up livestock and poultry farms.
"Three Strict Measures" to Prevent "Three Kinds of Pollution"
Original: The prevention and control of water pollution in Chaohu Lake Basin adheres to the principles of prevention first, combination of prevention and control, unified planning and comprehensive management, implements strict environmental protection standards, adopts strict remediation measures, establishes a strict monitoring system, effectively prevents industrial pollution, domestic pollution and agricultural non-point source pollution, strengthens ecological management, reduces eutrophication in Chaohu Lake, and promotes the fundamental improvement of water quality in Chaohu Lake.
Interpretation: According to the newly revised regulations, the Chaohu Lake Basin includes all administrative regions of Chaohu City, Chaohu City, Feixi County, Feidong County, Shucheng County and Luyang District, Yaohai District, Shushan District and Baohe District of Hefei City, as well as rivers that have an impact on the water quality of Chaohu Lake in the administrative regions of Changfeng County, Lujiang County, hanshan county, Hexian County, Wuwei County, Yuexi County, Jiujiang District and Jinan District of Lu 'an City.
Although the quality of water environment in Chaohu Lake Basin has generally improved in recent years, the long-term cumulative pollution load still exceeds the carrying capacity of water environment in Chaohu Lake. Chaohu Lake is still one of the most seriously eutrophic lakes in China. The whole Chaohu Lake region is slightly eutrophic, while the western half lake is moderately eutrophic.
According to the deliberation opinions of the members of the Standing Committee of the Provincial People's Congress and the newly revised Environmental Protection Law, combined with the actual situation in our province, the regulations further clarified the prevention and control objectives of water pollution in Chaohu Lake, and proposed that "strict environmental protection standards should be implemented, strict remediation measures should be taken, and a strict monitoring system should be established".
The revised regulations increase the provisions of the water quality protection standards of Chaohu Lake Basin, and make it clear that the water quality of Chaohu Lake Basin is applicable to the surface water quality standards. The water quality of Chaohu Lake, Fengle River, Hangbu River, Baishi Tianhe River, Zhaohe River, Gaozhe River and Yuxi River shall be protected according to Class III water standards, while the water quality of Nanfeihe River, Shiwuli River and Paihe River shall be protected according to Class IV water standards. At the same time, the provincial government is required to scientifically plan and construct water diversion projects, accelerate the exchange of water bodies in Chaohu Lake and improve the water environment in Chaohu Lake.
"The project to divert water from the Yangtze River to the Bird's Nest will start next year. After completion, the Chaohu Lake water body will be updated every three years, and Chaohu Lake water will become the drinking water source for Hefei people. " At the press conference of local regulations in Anhui Province, the relevant person in charge of the Provincial Environmental Protection Department said.
The pollutant discharge standard is stricter than the "national standard"
Original: The provincial people's government should, according to the needs of water pollution prevention and control in Chaohu Lake Basin, combine the carrying capacity of water environment in Chaohu Lake Basin, and formulate local water pollutant discharge standards that are stricter than the national standards.
Interpretation: "The specialized local legislation of Chaohu Lake water pollution prevention and control is different from the principled provisions of general local legislation, and some provisions must be specific and targeted." During the three deliberations, many members of the Standing Committee put forward such suggestions.
Accordingly, the revised regulations further clarify the water pollution prevention and control standards in Chaohu Lake Basin, and require provincial governments to formulate local water pollutant discharge standards that are stricter than the national standards. The competent administrative department of environmental protection of the provincial government shall, jointly with the relevant departments and the Chaohu Management Bureau of the province, draw up the total emission control indicators of key water pollutants in the basin and the needs of water environmental quality and water pollution prevention and control in the basin according to the requirements of the total emission control of key pollutants in the province and the total pollution control of water functional areas approved by the state, and decompose them step by step to the governments of cities and counties in the Chaohu Basin after the approval of the provincial government. The competent administrative department of environmental protection of the provincial government shall regularly announce the completion of the total amount control index of key water pollutants discharged by cities and counties in Chaohu Lake Basin. For areas that exceed the control index of total discharge of key water pollutants, the competent administrative department of environmental protection of the relevant government shall suspend the examination and approval of environmental impact assessment documents for construction projects with new total discharge of key water pollutants.
According to the regulations, the discharge of water pollutants shall not exceed the national or local water pollutant discharge standards and the total discharge control indicators of key water pollutants. Sewage units shall, in accordance with the relevant provisions of the state and the province, build standardized sewage outlets, set up signs indicating the name of the unit and the types, concentrations and quantities of pollutants discharged, and set up sewage sampling ports at the sewage outlets inside and outside the factory boundary respectively. Pollutant discharge units that intermittently discharge water pollutants shall discharge them according to the time approved by the competent administrative department of environmental protection. The time for discharging water pollutants shall be announced to the public. New construction, renovation and expansion of sewage outlets shall be approved by the water administrative department according to law, and the environmental protection administrative department shall examine and approve the environmental impact report of its construction projects.
The main person in charge of 8 cases resigned.
Original: If the people's governments at or above the county level and their environmental protection administrative departments and other departments and institutions responsible for environmental protection supervision and management violate the provisions of these Regulations and commit any of the following acts, the directly responsible person in charge and other directly responsible personnel shall be given demerit, gross demerit or demotion; If it causes serious consequences, it shall be dismissed or expelled, and the main person in charge shall take the blame and resign; If a crime is constituted, criminal responsibility shall be investigated according to law.
Interpretation: According to the deliberation opinions of the members of the Standing Committee on "further increasing the punishment for illegal acts of water pollution" and the newly revised environmental protection law, the revised regulations clarify and refine the types of punishment for illegal acts of the government and its relevant departments and institutions, and increase the provisions for the resignation of the principal responsible person.
Specifically, the eight behaviors of the main person in charge to resign are: (1) failing to complete the total discharge control index of key water pollutants; Failing to examine and approve the environmental impact assessment documents according to law; Not planning to set up water environmental quality monitoring points; Failing to publish water environmental quality information as required; Enterprises and institutions that seriously pollute the water environment are not ordered to treat within a time limit or shut down or stop production according to regulations; Failing to deal with it in time according to law after receiving the report of water pollution violations; Illegal implementation of administrative punishment or other administrative measures; Other acts of abuse of power, dereliction of duty and favoritism.
Enterprises that violate the law can be punished continuously.
Original: If water pollutant treatment facilities are not used normally, or dismantled or left idle without the approval of the competent administrative department of environmental protection, the competent administrative department of environmental protection of the people's government at or above the county level shall order it to make corrections within a time limit and impose a fine of three times the amount of sewage charges payable; Refuses to correct, can be ordered to correct the next day, according to the original penalty amount of daily continuous punishment.
Interpretation: "Chaohu Lake pollution is mainly industrial pollution and agricultural non-point source pollution. There are also regulations on how to shut down polluting enterprises and how to eliminate backward production capacity with serious pollution. " During the deliberation, Wu Ping, a member of the Standing Committee of the Provincial People's Congress, made suggestions.
On the basis of fully absorbing the deliberation opinions, the revised regulations add provisions, requiring the formulation, approval and implementation of prohibited and restricted industries and product catalogues, eliminating backward technologies and equipment within a time limit, and increasing penalties for illegal enterprises.
The regulations clearly stipulate that the water pollution prevention and control facilities of construction projects should be designed, constructed and put into use at the same time as the main project. Water pollution prevention and control facilities shall be accepted by the competent administrative department of environmental protection. If the acceptance is unqualified, the construction project shall not be put into production or use. Water pollutant treatment facilities should be kept in normal use; Dismantling or leaving idle water pollutant treatment facilities shall be reported to the competent administrative department of environmental protection of the government at or above the county level for approval in advance.
In violation of regulations, the water pollutant treatment facilities are not used normally, or the water pollutant treatment facilities are dismantled or left idle without the approval of the competent administrative department of environmental protection, and the competent administrative department of environmental protection of the government at or above the county level shall order it to make corrections within a time limit and impose a fine of three times the amount of sewage charges payable; Refuses to correct, can be ordered to correct the next day, according to the original penalty amount of daily continuous punishment.
"The most severe punishment measures should be taken to improve the water environment in Chaohu Lake, and illegal acts should be punished according to the upper limit of the law." Wu Bin, director of the Legislative Affairs Committee of the Standing Committee of the Provincial People's Congress, explained the operation mode of "continuous punishment". "Enterprises that use water pollution treatment facilities abnormally may only be fined 6,543,800 yuan according to existing laws and regulations. However, according to the provisions of the new "Regulations", if an enterprise refuses to make corrections within the specified time, it may impose a fine of 654.38 million yuan per day and continue to impose fines. "
The maximum fine for rebuilding the sewage outlet without authorization is 500,000 yuan.
Original: If a sewage outlet is newly built, rebuilt or expanded in a river without the consent of the water administrative department, the water administrative department of the people's government at or above the county level shall order it to stop the illegal act, restore the original state within a time limit and impose a fine of100000 yuan; Those who fail to make restitution within the time limit shall be forced to make restitution, and the expenses required shall be borne by the violator and a fine of 500,000 yuan shall be imposed.
Interpretation: "The old regulations on the division of protected areas, the setting of sewage outlets, legal responsibilities and many other aspects are inconsistent with the superior law and need to be revised." Miao, director of the provincial environmental protection department, said that if the set administrative penalty is obviously low, the illegal cost is low and the law-abiding cost is high, which will affect the effective implementation of environmental protection laws and regulations.
According to the deliberation opinions of the Standing Committee of the Provincial People's Congress on "Strengthening the Prevention and Control Measures of Water Pollution", the revised regulations add provisions and refine the contents of prohibiting the discharge of water pollutants. The regulations prohibit the following five acts of discharging water pollutants: (1) setting up concealed pipes for discharge; Waste water is diluted and discharged; After the rainwater and sewage pipes are separated, they are discharged from the rainwater pipes; Waste water is transferred from the factory and illegally dumped by means of transport or tanks, water storage tanks and other containers; Unauthorized changes in sewage treatment methods, unauthorized discharge from sewage outlets.
In violation of regulations, sewage units fail to build sewage outlets according to regulations and intermittently discharge water pollutants, and the competent administrative department of environmental protection of the government at or above the county level shall order them to make corrections within a time limit; Overdue correction, punishable by a fine of one hundred thousand yuan; In violation of the provisions, without the consent of the water administrative department, new construction, renovation and expansion of river sewage outlets shall be ordered by the water administrative department of the people's government at or above the county level to stop the illegal act, restore the original state within a time limit and impose a fine of100000 yuan; Those who fail to make restitution within the time limit shall be forced to make restitution, and the expenses required shall be borne by the violator and a fine of 500,000 yuan shall be imposed.