On the legal prevention and control of water pollution

With the development of society, environmental pollution in our life is getting more and more serious, destroying our living conditions. Regarding environmental pollution, our country has always attached great importance to the remediation of environmental pollution. The following editorial about the water pollution prevention and control law legal responsibility, I hope you can know.

Water Pollution Prevention and Control Law legal responsibility

1 a. Increase the government's responsibility: the local government to take real responsibility for the water environment

The newly revised "Water Pollution Prevention and Control Law" on the increase of government responsibility for the new provisions mainly refers to:

1, the government should be water environmental protection work into the government's most important planning - national economic and social development planning. -National economic and social development planning, and this planning is guaranteed by the project and funding.

2, the local government at or above the county level is responsible for the quality of the water environment in the administrative region.

3, the state to implement the water environment protection target responsibility system and assessment and evaluation system, the completion of the water environment protection target as the local people's government and its responsible person assessment and evaluation of the content.

These new provisions mean that, in the future, all levels of government, especially above the county level, local governments, to the administrative region of the water environment quality to assume real responsibility. In the future, the implementation of the water environment protection target responsibility system and the quality of the local water environment, how, are to be included in the performance assessment of leading government officials.

2, a clear violation of the boundaries: exceeding the standard that is illegal, may not exceed the total

The revised "Water Pollution Prevention and Control Law," Article IX provides: "the discharge of water pollutants, shall not exceed the national or local water pollutant emission standards and key water pollutant emission total control indicators." This provision specifies the boundaries of illegal behavior, is a major breakthrough in the 1996 amendment of the Water Pollution Control Law.

In view of China's water pollution situation is still serious, but also taking into account China's enterprises to meet the discharge capacity is growing, the Standing Committee of the National People's Congress decided to tighten the environmental policy, explicitly will be the enterprise exceeds the discharge limit as a violation of the boundaries. Not only that, the discharge of water pollutants, but also should be in line with national and local regulations of the total amount of key water pollutants discharge control indicators, violation of these standards is also illegal, to bear the corresponding legal responsibility.

3, the key water pollutants emission control system has been further strengthened

The revised "Water Pollution Prevention and Control Law," Article 15 provides that the prevention and control of water pollution should be based on the watershed or by the region to carry out unified planning. Article 18 stipulates that the State shall implement a total emission control system for key water pollutants. At the same time, the total amount of key water pollutant emissions control indicators for the region, the relevant people's government departments in charge of environmental protection shall suspend the approval of the total amount of new key water pollutants discharged in the construction project of environmental impact assessment documents. Article 19 stipulates that the competent environmental protection department of the state council shall announce the provinces, autonomous regions and municipalities directly under the central government that have not completed the total emission control targets of key water pollutants in accordance with the requirements. Provinces, autonomous regions and municipalities directly under the Central People's Government, the competent environmental protection department of the key water pollutants not in accordance with the requirements to complete the total emission control targets of cities and counties shall be announced. The environmental protection department of the people's government at or above the county level on the violation of the provisions of this Law, serious pollution of the water environment shall be announced.

The above three provisions are the core provisions of the total control system. Experts believe that the total amount of pollutant discharge control system is a powerful weapon to prevent and control water pollutants, is the implementation of the sewage license basis. Only unswervingly implement the total discharge control system, in order to effectively reduce the emission of water pollutants down to improve the quality of the water environment up.

4, the full implementation of the sewage discharge permit system, regulate corporate sewage behavior

The revised "Water Pollution Prevention and Control Law" in the sewage discharge permit system and regulate sewage behavior, there are many innovations.

For the sewage licensing system, the revised "Water Pollution Control Law," Article 20 provides that, directly or indirectly to the water discharge of industrial wastewater and medical sewage, as well as other provisions should be obtained in accordance with the sewage license can be discharged wastewater, sewage, enterprises, institutions, should obtain a sewage license;

centralized sewage treatment facilities in cities and towns of the operating unit should also obtain a sewage license;

prohibit enterprises, institutions and organizations to obtain a sewage license, and to obtain a sewage license;

the revised "Water Pollution Prevention and Control Law" is the first of its kind in China. /p> Prohibit enterprises and institutions without a sewage discharge license or violation of the provisions of the sewage discharge license to discharge into the water body of wastewater, sewage, as required by law.

In addition, on the regulation of sewage behavior, the revised "Water Pollution Prevention and Control Law," Article 22 provides that the discharge of pollutants into the water body of enterprises, institutions and individual businesses, should be in accordance with the laws, administrative regulations and the State Council department in charge of environmental protection to set up outfalls; set up outfalls in the rivers, lakes, but also to comply with the provisions of the State Council department in charge of water administration. Prohibit the private hidden pipe or take other ways to avoid the supervision of the discharge of water pollutants.

5, good water environment monitoring network, the establishment of a unified water environment information dissemination system

The revised "Water Pollution Prevention and Control Law," Article 23 provides that the key sewage disposal units should be installed automatic monitoring equipment for the discharge of water pollutants, and environmental protection authorities of the monitoring equipment network, and to ensure that the monitoring equipment to operate normally. Enterprises discharging industrial wastewater shall monitor the industrial wastewater they discharge and keep the original monitoring records. Article 25 states: "The State to establish the water environment quality monitoring and water pollutant discharge monitoring system. The State Council department in charge of environmental protection is responsible for the development of water environment monitoring specifications, the unified release of national water environment status information, in conjunction with the State Council water administration and other departments to organize the monitoring network."

Experience has proved that the water environment monitoring is the basis of strict law enforcement, there is no perfect water environment monitoring network, it is impossible to implement the "Water Pollution Prevention and Control Law". Establishment of water environment monitoring system is the premise of the unit's discharge behavior of continuous automatic online monitoring, and to be connected with the local environmental protection department's monitoring equipment. On this basis, improve the water environment quality monitoring network, standardize the water environment monitoring system, the establishment of a unified information dissemination system of the state of the water environment.

6, improve the drinking water source protection zone management system

In order to ensure the safety of drinking water for urban and rural residents, the revised "Water Pollution Prevention and Control Law" in the legislative purpose of a clear increase in the "protection of drinking water safety" provisions, and specifically add a "drinking water sources and other special water protection "Chapter, to further improve the management system of drinking water source protection zones.

Improve the drinking water source protection area management system. The provisions of the state to establish a drinking water source protection zone system, and will be divided into primary and secondary protected areas, if necessary, in the periphery of the drinking water source protection zone can be delineated as a quasi-protected area of a certain area.

Strict management of drinking water source protection zones. Provisions prohibit the establishment of sewage outfalls in the drinking water source protection zone. Drinking water sources are prohibited in the primary protected area of new construction, alteration, expansion and water supply facilities and protection of water sources have nothing to do with construction projects; drinking water sources are prohibited in the secondary protected area of new construction, alteration, expansion of pollutants discharged from the construction project; has been built, be ordered to dismantle or shut down.

In the quasi-protected areas to implement positive protection measures. Provides that local governments at or above the county level should be based on the actual need to protect drinking water sources, in the quasi-protected areas to take engineering measures or construction of wetlands, water conservation forests and other ecological protection measures to prevent water pollutants discharged directly into the drinking water body.

Clearly defined drinking water source protection zone delimitation authorities and dispute resolution mechanism. Special protection of drinking water safety for urban and rural residents, reflecting the concept of people-oriented.

7, strengthen the prevention and control of urban sewage

The revised "Water Pollution Prevention and Control Law" Article 40 provides that urban sewage should be centralized. Local people's governments at or above the county level shall raise funds through the financial budget and other channels, the construction of centralized urban sewage treatment facilities and supporting pipeline network, to improve the collection rate of urban sewage in the administrative region and the treatment rate. Article 45 provides that the centralized urban sewage treatment facilities for the discharge of water pollutants, should be in line with national or local regulations on the discharge of water pollutants standards. Centralized urban sewage treatment facilities of the operating unit, shall be responsible for the centralized urban sewage treatment facilities of the water quality. Environmental protection departments should be centralized treatment facilities for urban sewage water quality and quantity of water for supervision and inspection.

Strengthen the prevention and control of urban pollution, is in the National People's Congress Standing Committee during the deliberations of the Standing Committee of the National People's Congress, the members of the Standing Committee of the National People's Congress to put forward. National People's Congress "Water Pollution Prevention and Control Law" Law Enforcement Inspection Group of the national urban sewage prevention and control work carried out a serious inspection of urban water pollution in the towns and cities have a direct feeling of the situation and consequences. Prevention and control of urban water pollution provisions, will greatly promote the prevention and control of urban water pollution.

Environmental pollution disputes need to pay attention to what

1, the burden of proof, due to environmental pollution caused by damages litigation, the plaintiff does not need to provide evidence to prove their claims.

2, the statute of limitations, environmental pollution damages lawsuit for three years from the time the parties know or should know the damage caused by pollution.

Jurisdiction of environmental pollution liability disputes

According to the provisions of Article 29 of the Civil Procedure Law, lawsuits arising from torts, by the people's court of the place of the tort or the defendant's residence jurisdiction. According to the Supreme People's Court on the application of

Opinions on a number of issues, Article 28 of the Civil Procedure Law, Article 29 of the tort, including the place of infringement, infringement of the results of the place.

Who has the right to file a civil lawsuit against environmental pollution

Article 108 of China's Civil Procedure Law, one of the conditions that must be met to sue is: "The plaintiff is a citizen, legal person and other organizations that have a direct interest in the case."

According to this provision, the general civil litigation must be a direct interest in the case can be brought; no one may not claim rights to property unrelated to their own. This restriction on the eligibility to sue can not be applied to environmental civil litigation. Because the environmental elements are human *** enjoyment of public *** property, no one can have the right to its exclusive and exclusive rights, and therefore can not be a direct stakeholder. Thus, when someone pollutes or destroys the environment, no one can bring a lawsuit against the harmful act, but environmental protection is related to anyone. In order to solve this contradiction, China's "Environmental Protection Law," Article 6 clearly stipulates: "all units and individuals have the obligation to protect the environment, and have the right to pollute and destroy the environment of the unit and individual prosecution and accusation.

What to do in the event of environmental disputes

Environmental disputes refer to disputes between the subjects of environmental protection law on the rights and obligations between them, such as disputes arising from legal persons who do not submit to the administrative penalties imposed by the competent administrative department of environmental protection, and disputes arising from citizens who demand compensation for losses caused by polluters due to the health damage caused by other people's sewage disposal, etc.

The environmental disputes are not only about the rights and obligations between the subjects of environmental protection law but also about their rights and obligations.

After the occurrence of environmental disputes, the disputing parties can choose their own appropriate ways to resolve. Generally speaking, citizens, legal persons due to the administrative punishment of the administrative department of environmental protection and the disputes arising from the administrative reconsideration or administrative litigation; citizens, legal persons due to environmental pollution caused by damage compensation disputes, can be resolved by the two sides of the negotiation or by the competent administrative department of environmental protection to preside over the investigation, processing to reach an agreement to resolve the issue, but also directly to the people's court to file a civil lawsuit.

For environmental pollution, I call on everyone to stop, the environment is everyone's, if the damage we will not be able to survive, resulting in the destruction of the entire ecological environment, and environmental remediation is also very troublesome.