Yunnan Province Dianchi Protection Regulations Chapter VII Legal Liability

Article 54 The state staff in the Dianchi protection and management of one of the following acts, by the higher competent authorities or supervisory organs of the directly responsible officer in charge and other directly responsible personnel shall be given sanctions in accordance with the law; constitutes a crime, shall be investigated for criminal responsibility.

(a) violation of national industrial policy approval of projects, or illegal approval of environmental impact assessment documents, resulting in environmental pollution or ecological damage;

(b) the state should be eliminated for backward production technology, processes, equipment or products, and does not fulfill the supervisory responsibilities;

(c) serious pollution of the environment units are not legally ordered to a limited period of time to deal with or Ordered to close, stop production;

(d) failure to formulate emergency response plan for water pollution accidents, or failure to take measures in accordance with the requirements of the emergency response plan;

(e) should be carried out in accordance with the law, but did not carry out the environmental impact assessment, or environmental impact assessment documents are not approved without authorization for the construction of the project or for which the acquisition of land, registration of construction, business licenses, production (use) licenses;

(F) found violations of the law or received reports of failure to investigate and deal with in a timely manner, or failure to fulfill the inspection duties;

(G) found major environmental pollution accidents or ecological damage accidents, do not follow the provisions of the report or do not take the necessary measures in accordance with the law, resulting in the expansion of the accident or delay in the accident handling;

(H) other violations of laws and regulations .

Failure to complete the Dianchi protection target responsibility of the people's government, the people's government of the higher level shall be notified of the principal person in charge of its criticism; the circumstances are serious, the responsible person shall be given sanctions in accordance with the law.

Article 55 violation of the provisions of paragraph 1 of Article 32 of these regulations, by the Dianchi management of comprehensive administrative law enforcement agencies and other competent authorities in accordance with their powers to order correction, confiscation of illegal property, on the production and sale of enterprises may be imposed a fine of 20,000 yuan or more than 200,000 yuan; on the sale of individuals may be imposed a fine of more than 50 yuan or less than 500 yuan.

Article 56 Violation of the provisions of Article 32, paragraph 2 of these Regulations, by the Dianchi management of comprehensive administrative law enforcement agencies shall order rectification within a specified period of time, and impose a fine of 100,000 yuan or more than 500,000 yuan.

Article 57 violation of the provisions of this regulation, the transfer of polluting projects to enterprises without pollution prevention and control capacity, by the Dianchi management comprehensive administrative law enforcement agencies or the competent administrative department of environmental protection in accordance with their respective powers and order them to rectify the situation within a specified period of time, and impose a fine of 50,000 yuan or more than 200,000 yuan or less.

Article 58 Violation of the provisions of this regulation, within the scope of the primary protection area, one of the following violations, the comprehensive administrative law enforcement agencies of Dianchi Lake management shall be punished:

(1) new construction, expansion, alteration of buildings, structures, and shall be ordered to demolish them by a specified period of time; if not demolished by the deadline, shall be dismantled in accordance with the law, and shall be sentenced to a fine of not less than 200,000 yuan but not exceeding 1,000,000 yuan;

( (B) filling of the lake, the lake and the enclosure of fields, land and other encroachment on the water or reduce the surface of the water, shall be ordered to restore and impose a fine of 200 yuan per square meter; overdue restoration, a fine of 1,000 yuan per square meter;

(C) scaffolding, stalls, and set up a business in the lakeshore beach, and ordered to remove and confiscate the illegal income, and can be imposed on a fine of more than $ 100 to less than $ 1,000;

(d) cofferdams, nets, purse seine farming, violation of the provisions of the temporary aquatic organisms, ordered to correct, and impose a fine of 5,000 yuan or more than 50,000 yuan;

(e) unauthorized harvesting and salvaging of water plants and other aquatic plants that are beneficial to purify the water quality of Dianchi Lake, and impose a fine of 50 yuan or more than 500 yuan;

(f) the damage to the water conservancy, hydrology, scientific research, meteorology, surveying, environmental monitoring and facilities such as wharves, beacons, fairways, fishing markers, boundary piles, etc., shall be ordered to make corrections, compensate for the losses, and be fined not less than 10,000 yuan and not more than 50,000 yuan.

Article 59 Violation of the provisions of these Regulations, within the scope of the secondary protection area, one of the following violations, by the comprehensive administrative law enforcement agencies of Dianchi Lake management or other competent authorities in accordance with their powers and responsibilities shall be punished:

(1) new construction, expansion of industrial parks, shall be ordered to make corrections, and impose a fine of 500,000 yuan to 1 million yuan;

(2) development and construction of other real estate projects or unauthorized construction of other projects, shall be ordered to be dismantled; if not dismantled after the deadline, it shall be dismantled according to law and a fine of 100,000 yuan or more than 1 million yuan or less shall be imposed;

(c) new construction, expansion of sewage outlets, the construction of mausoleums, tombs, and shall be ordered to restore the original state within a certain period of time and a fine of 10,000 yuan or more than 100,000 yuan or less shall be imposed;

(d) blasting, earth extraction, sand digging, quarrying, mining, shall be ordered to rectify, and impose a fine of not less than 10,000 yuan and not more than 100,000 yuan;

(v) weir, net box, purse seine farming in the river, and violation of the provisions of the temporary aquatic organisms, shall be sentenced to not less than 500 yuan and not more than 5,000 yuan;

(vi) large-scale livestock and poultry farming, shall be sentenced to not less than 10,000 yuan and not more than 100,000 yuan fine.

Article 60 Violation of the provisions of these Regulations, one of the following offenses within the scope of the tertiary protection area shall be punished by the competent authority in accordance with its powers and functions:

(1) Dumping of solid waste, feces, and other sewage and wastewater in excess of the discharge standards for water pollutants into water bodies such as rivers, ditches and canals, and shall be punished by a fine of 5,000 yuan or more than 50,000 yuan or less;

(2) river channel to wash production and living appliances, vehicles, discharge of feces or other items that may pollute the water body, shall be fined not less than 50 yuan and not more than 500 yuan;

(iii) piling up, storing solid waste and other pollutants in the river channel beaches and slopes of the bank, or burying them in the soil within the catchment area, shall be fined not less than 1000 yuan and not more than 10,000 yuan;

(iv) other acts of destroying vegetation related to the protection of water sources shall be fined not less than 1,000 yuan and not more than 5,000 yuan;

(v) new construction, alteration or expansion of industrial projects discharging nitrogen and phosphorus pollutants into the lake watercourses, as well as other projects polluting the environment and destroying the ecological balance and the natural landscape, shall be ordered to stop the illegal acts, be fined not less than 100,000 yuan and not more than 500,000 yuan, and shall be reported to the People's Government with the right of approval for the approval of the people's government, ordered to suspend production and business or closed according to law.

Article 61 Violation of the provisions of these regulations, the units and individuals who fail to meet the national and local standards for the discharge of water pollutants, the people's government at or above the county level shall order a limited period of time, and impose a fine of not less than two times and not more than five times the amount of the sewage charges to be paid; and if the treatment task is not completed after the expiration of the deadline, it shall be ordered to be closed down.

Article 62 Violation of the provisions of this regulation of other acts, in accordance with the provisions of relevant laws and regulations shall be punished.