After three deliberations, several public consultations, from "small repairs" to "major surgery", after three years of revision of the "Chaohu Lake Basin Water Pollution Prevention and Control Regulations", July 17 by the twelfth meeting of the twelfth session of the Standing Committee of the Provincial People's Congress, adopted. December 1, 2014 come into force.
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 responsibility, etc., for the prevention and control of water pollution in the Chaohu Lake Basin to provide a strong legal protection. July 22, Anhui Daily, page 9 of the interpretation of this.
Redefine the main body of responsibility
Originally, the Hefei Municipal People's Government is responsible for the quality of the water environment in the Chaohu Lake Basin.
The administrative department of environmental protection of the provincial people's government is responsible for the unified supervision and management of the prevention and control of the water environment in the Chaohu Lake Basin.
Interpretation: Chaohu Lake Basin is the country's "three rivers and three lakes" one of the key watersheds of water pollution control. In 1987, the province of six people's Congress Standing Committee of the thirty-first meeting to consider the promulgation of the "Chaohu water protection regulations". 1998, the province of nine people's Congress Standing Committee of the seventh meeting of the amendment to the promulgation of the "Chaohu Lake Basin Water Pollution Prevention and Control Ordinance" (hereinafter referred to as "regulations"). In order to do a good job in the new situation of the Chaohu Lake Basin Water Pollution Prevention and Control, the Standing Committee of the Provincial People's Congress in December 2012, September 2013 and July this year, respectively, on the revised draft for three deliberations.
After the withdrawal of the former prefecture-level Chaohu City, the administrative management of the Chaohu Lake basin has been adjusted, and the corresponding adjustment of water pollution prevention and control responsibilities is required. In the revision process lasted three years, how to rationalize the administrative management system of water pollution prevention and control in the Chaohu Lake Basin, has always been the focus of attention of all parties, only in the first instance, there are 14 members of the composition of the "further rationalization of the administrative management system" of the views. Accordingly, the provincial people's Congress Standing Committee in charge of the leadership and the legal system working committee has done a series of research and coordination work. The revised regulations finally made it clear that the provincial people's government should establish a deliberative and coordinating mechanism, the provincial environmental protection department to unify the duties of supervision, define the specific supervisory duties of the provincial Chaohu Lake Management Bureau, and strengthen the main position of Hefei City in the management of Chaohu Lake.
According to the regulations, the provincial government to establish the Chaohu Lake Basin Water Pollution Prevention and Control Coordination Mechanism, coordinating and solving the Chaohu Lake Basin Water Pollution Prevention and Control of major problems. Hefei municipal government of the Chaohu Lake Basin water environment quality is responsible for; according to the Chaohu Lake Basin Water Pollution Prevention and Control Plan, the preparation and implementation of Chaohu Lake Basin Water Pollution Prevention and Control Action Plan, guidance, coordination, supervision of the county people's governments under the jurisdiction of the implementation of the responsibility for the prevention and control of water pollution.
Regulations also require that the city government of Liuan, Anqing, Wuhu, Maanshan City, and the county-level government shall be responsible for the administrative area of the Chaohu Lake Basin water quality; to ensure that the Chaohu Lake Basin out of the boundary river cross-section of water quality in line with the requirements of the water quality, the implementation of the cross-municipal and county administrative boundaries of the upstream and downstream cross-section of the water quality of the handover of the responsibility system. Township government shall assist the higher level of government and relevant departments, strengthen the lake into the river intercepting sewage, dredging, cleaning, ecological restoration and other comprehensive remediation, the implementation of the establishment of garbage, sewage collection and disposal system and other agricultural and rural pollution control measures.
Given that the provincial Chaohu Lake Management Bureau is the Chaohu Lake administrative division after the adjustment of the newly established institutions, the regulations provide that the provincial Chaohu Lake Management Bureau is responsible for the supervision and management of the prevention and control of water pollution in the first level of protection of the water environment, and the implementation of the provincial government to determine and Hefei Municipal Government entrusted with other duties.
New polluting enterprises are prohibited in the protection zone
Originally, the water environment of the Chaohu Lake basin is protected at three levels.
The specific scope of the first, second and third-level protection areas of the water environment of the Chaohu Lake Basin shall be determined and announced by the provincial people's government.
Interpretation: "The size of the scope of the protection zone, the development and protection of the Chaohu Lake Basin. "Miao Xuegang, director of the provincial environmental protection department, said in his explanation of the revised draft, the implementation of graded protection of the water environment of the whole basin of Lake Chaohu, drawing on the practice of water pollution control in the Taihu Lake basin of Jiangsu province.
It is reported that the provincial government in the organization of drafting the revised draft, the Chaohu Lake Basin conducted in-depth research and demonstration, did a lot of preliminary work. Through the Chaohu aerial photographs show that the Chaohu Lake shoreline extends 3,000 meters, into the lake channel up to 10,000 meters on both sides of the shoreline of 1,000 meters within the land area of 23 industrial and mining enterprises. Among them, there are two industrial and mining enterprises within the land area of 1000 meters of the shoreline extension of Lake Chaohu, and 200 meters on each side of the river into the lake up to 10000 meters.
Considering all factors, the regulations clearly, the water environment of the Chaohu Lake Basin to implement the three-level protection, Chaohu Lake, Chaohu Lake shoreline extension of 1000 meters inland, into the lake channel up to 10000 meters and along the shore of each side of the 200-meter range of inland areas for the first level of protection; the Chaohu Lake shoreline extension of 1000-3000 m range of inland, into the lake channel up to 10,000 meters along the shore of each side of the 200-1000 m range of land area. The inland area within 200 to 1,000 meters on each side of the lake is a Grade II protected area; other areas are Grade III protected areas. The specific scope of the protected area shall be determined and announced by the provincial government.
According to the regulations, the water environment of the first, second and third level of the protection zone is prohibited to build new chemical pulp and paper enterprises; prohibit new tanning, chemical, printing and dyeing, electroplating, brewing, cement, asbestos, glass and other serious water pollution of small-scale projects; prohibit the sale and use of phosphorus-containing detergents, as well as other acts prohibited by laws and regulations.
New chemical pulp and paper enterprises are prohibited in the first and second protection zones of the water environment; new construction and expansion of tannery, chemical industry, printing and dyeing, electroplating, brewing, cement, asbestos, glass and other projects with serious water pollution are prohibited; and new construction and expansion of sewage outfalls other than those from centralized sewage treatment facilities are prohibited.
The primary protection zone of the water environment is prohibited from new construction and expansion of construction projects discharging water pollutants; the transportation of highly toxic chemicals and other hazardous chemicals banned by the state is prohibited; the setting up of storage and conveyance facilities for highly toxic substances and hazardous chemicals is prohibited; the engagement in net-pen and net-box farming is prohibited; the use of mechanical suction snails, bottom trawling and other fishing operations is prohibited; the establishment of livestock and poultry farms is prohibited.
"Three strict measures" to prevent and control "three kinds of pollution"
Originally published: the Chaohu Lake Basin water pollution prevention and control adhere to the prevention-oriented, prevention and control, unified planning, comprehensive treatment principle, the implementation of strict environmental standards, to take strict remedial measures, establish a close monitoring system. Means, the establishment of a close monitoring system, effective prevention and control of industrial pollution, living pollution and agricultural pollution, strengthen ecological management, reduce the eutrophication of Lake Chaohu, and promote the fundamental improvement of water quality in Lake Chaohu.
Interpretation: According to the newly revised regulations, the Chaohu Lake Basin, including the Chaohu Lake body, Chaohu City, Feixi County, Feidong County, Shucheng County, and Hefei City, Luyang District, Yaohai District, Shushan District, Baohu District of the entire administrative area, as well as Changfeng County, Lujiang County, Henshan County, and the county, Wuhu County, Yuexi County, Wuhu City, Hatue District, Liuan City, Jin'an City, the administrative areas of the water quality of Chaohu Lake has an impact on the river, the lakes, reservoirs, channels and other water bodies in the catchment area.
While the quality of the water environment in the Chaohu Lake Basin has generally improved in recent years, the long-term accumulation of pollution load still exceeds the carrying capacity of the water environment of Chaohu Lake, Chaohu Lake is still one of the nation's heaviest eutrophication of lakes, Chaohu Lake Lake as a whole was mild eutrophication, the western half of the lake was moderately eutrophic.
According to the deliberations of the members of the Standing Committee of the Provincial People's Congress, the regulations are based on the newly revised Environmental Protection Law and the actual situation in our province, further clarifying the objectives of the prevention and control of water pollution in Chaohu Lake, and proposing that we should "implement stringent environmental protection standards, adopt stringent remedial measures, and set up a close monitoring system".
The revised regulations added the provisions of the water quality protection standards for the Chaohu Lake Basin, making it clear that the water quality of the Chaohu Lake Basin is subject to the "Environmental Quality Standards for Surface Water". Lake Chaohu lake body and Fengle River, Hangbu River, Baishitian River, Zhaohe River, Zhegao River, Yuxi River into the lake water quality according to the Ⅲ water standards for protection, the South Interfluo River, fifteen miles of the River, the Pai River into the lake water quality according to the Ⅳ water standards for protection. At the same time, the provincial government is required to scientific planning and construction of water transfer and diversion projects to accelerate the exchange of water bodies in Lake Chaohu and improve the water environment of Lake Chaohu.
"Diversion of the river nest project will start next year, after the completion of the project, every three years, the water body of Lake Chaohu can be renewed, Chaohu Lake water or will be able to become a source of drinking water for the people of Hefei. "In Anhui Province, local regulations news conference, the provincial environmental protection department said.
Pollutant discharge standards stricter than the "national standard"
Originally: the provincial people's government shall, according to the needs of the Chaohu Lake Basin Water Pollution Prevention and Control, combined with the Chaohu Lake Basin Water Environmental Carrying Capacity, the development of local water pollutant discharge standards that are stricter than the national standard.
Interpretation: "Specialized local legislation for the prevention and control of water pollution in Chaohu Lake, unlike general local legislation in principle, 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 for the Chaohu Lake Basin, and require that the provincial government should formulate local water pollutant emission standards that are stricter than the national standards. Provincial government administrative department of environmental protection shall, in conjunction with the relevant departments and the provincial Chaohu Lake Management Bureau, according to the national approval of the province's total discharge of key pollutants, the total amount of water pollution control requirements of water functional areas, as well as the basin of water environment quality and water pollution prevention and control work needs to be done, the formulation of the basin of key water pollutants discharge total control indicators, approved by the provincial government, the implementation of the level by level decomposition of the Chaohu Lake Basin municipal and county governments. The provincial government environmental protection administrative department shall regularly announce the completion of the key water pollutant emission control targets of Chaohu Lake basin cities and counties. For areas exceeding the total key water pollutant emission control targets, the relevant government administrative department for environmental protection shall suspend the approval of the environmental impact assessment documents for construction projects that increase the total amount of key water pollutant emissions.
According to the regulations, the discharge of water pollutants shall not exceed the national or local regulations of water pollutant discharge standards and key water pollutant discharge total control indicators. Sewage disposal units should be in accordance with relevant national and provincial regulations for the construction of standardized outfalls, set up the name of the unit and the discharge of pollutants and the type, concentration and quantity of signage, in the plant boundary, outside the outfall were set up sewage sampling port. Sewage discharge units intermittent discharge of water pollutants should be discharged in accordance with the time approved by the competent administrative department for environmental protection. The time of discharge of water pollutants should be announced to the community. New construction, alteration and expansion of outfalls, shall be agreed by the competent water administrative department in accordance with the law, and the administrative department of environmental protection for the approval of the environmental impact report on its construction projects.
Eight cases the main person in charge of resignation
Original text: the people's governments at or above the county level and its administrative department of environmental protection and other departments and agencies with responsibilities for the supervision and management of environmental protection in violation of the provisions of these regulations, one of the following acts, the directly responsible officer in charge and other persons directly responsible for the person in charge shall be given a demerit, demerit or demotion sanctions; causing serious consequences. Give dismissal or dismissal punishment, its main person in charge should take the blame and resign; constitutes a crime, shall be investigated for criminal responsibility according to law.
Interpretation: According to the members of the Standing Committee to mention "further increase the penalties for water pollution violations" of the deliberation, in accordance with the newly amended "Environmental Protection Law", the revised regulations clear, detailed on the government and its relevant departments, agencies, the types of punishment for violations, adding the main person in charge of resignation The regulations also add a provision for the resignation of the main person in charge.
Specifically, the main person in charge of the resignation of the eight kinds of behavior are: failure to complete the key water pollutant emissions control targets; not approved in accordance with the law of the environmental impact assessment documents; not planning to set up the water environment quality monitoring points; not published in accordance with the provisions of the water environment quality information; serious pollution of the water environment of the enterprise or institution is not in accordance with the law to order a limited period of time to solve the problem or not in accordance with the provisions of the closure of the order, Suspension of production; received reports of water pollution violations, not dealt with in a timely manner in accordance with the law; not in accordance with the provisions of the implementation of administrative penalties or other administrative measures taken in violation of the law; other abuse of power, dereliction of duty, favoritism and malpractice.
Enterprise violations can be "consecutive penalties"
Originally: the normal use of water pollutant treatment facilities, or without the approval of the competent administrative department of environmental protection to dismantle the water pollutant treatment facilities, the people's government at or above the county level by the competent administrative department of environmental protection shall order a period of time to rectify the situation, and shall be fined three times the amount of sewage charges to be paid. A fine of three times the amount of sewage charges to be paid; if the person refuses to make corrections, he or she may be punished in accordance with the amount of the original penalty on a daily basis starting from the day following the day on which he or she is ordered to make corrections.
Interpretation: "Chaohu Lake pollution is mainly industrial pollution and agricultural surface pollution, how to shut down the enterprises that cause pollution, how to eliminate the backward production capacity of serious pollution, but also to make provisions." During the deliberation process, Wu Ping, a member of the Standing Committee of the Provincial People's Congress, made a proposal.
In the full incorporation of the deliberations on the basis of the revised regulations add provisions requiring the formulation, approval and implementation of prohibited and restricted industries, product catalogs, eliminating backward processes and equipment in a limited period of time, and increase the penalties for illegal enterprises.
Regulations clearly, the construction of water pollution prevention and control facilities for construction projects, should be designed at the same time as the main project, construction, and put into use at the same time. Water pollution prevention and control facilities should be accepted by the administrative department of environmental protection, acceptance failed, the construction project shall not be put into production or use. Water pollutant treatment facilities should be maintained for normal use; demolition or idle water pollutant treatment facilities, should be reported to the government above the county level for approval of the administrative department of environmental protection in advance.
Violation of the regulations, not normal use of water pollutant treatment facilities, or without the approval of the competent administrative department for environmental protection and dismantling, idle water pollutant treatment facilities, by the government at or above the county level, the competent administrative department for environmental protection and ordered to make corrections within a period of time, and shall be imposed on the amount of sewage charges payable three times the amount of the penalty; refusal to make corrections can be ordered to make corrections from the day after the date of the original penalty amount of consecutive punishment according to the original daily.
"Chaohu Lake water environment remediation to take the most severe penalties, violations are in accordance with the upper limit of the law." Provincial People's Congress Standing Committee of the Legal Affairs Commission Director Wu Bin explained the "continuously penalized" mode of operation, "enterprises do not normally use water pollution treatment facilities, if in accordance with existing regulations may only be fined 100,000 yuan. But in accordance with the new "Regulations", the enterprise refuses to correct within the specified time, can be fined 100,000 yuan per day, has been fined. "
Unauthorized alteration of outfall maximum penalty of 500,000 yuan
Original text: without the consent of the competent administrative department of water, unauthorized new construction in the river, alteration, expansion of the outfall, by the people's government at or above the county level of the competent administrative department of water ordered to stop the illegal behavior, the deadline for restoration of the original state, impose a fine of 100,000 yuan; overdue restoration of the original state, the mandatory restoration of the original state
Interpretation: "The old regulations in the division of protected areas, outfall settings, legal liability and many other aspects of the content, inconsistent with the previous law, need to be revised. "Mu Xuegang, director of the provincial environmental protection department, said, such as the setting of administrative penalties is obviously low, the cost of violating the law is low, the cost of compliance is high, affecting the effective implementation of environmental protection laws and regulations.
According to the Provincial People's Congress Standing Committee "to strengthen the prevention and control of water pollution measures" of the deliberations of the revised regulations to add provisions to refine the discharge of water pollutants prohibited behavior. Regulations prohibit the following five discharge of water pollutants: private concealed pipe discharge; dilution of wastewater discharge; in the rain sewage pipe separation after the use of rainwater pipe discharge; wastewater through the tanker trucks, storage tanks and other means of transport or containers to transfer out of the plant illegally dumped; unauthorized changes in sewage treatment, not through the approved outfall discharge.
If the violation of the provisions of the construction of sewage outfalls, sewage disposal of water pollutants, intermittent discharge of water pollutants discharge of water pollutants in accordance with the specified time, by the government above the county level, the competent administrative department of environmental protection and ordered to make corrections within a certain period of time; overdue corrections, shall be imposed a fine of 100,000 yuan; if the violation of the provisions of the river without the consent of the competent department of water administration, without the consent of the river, unauthorized new construction, alteration, expansion of the sewage outlet If the violation of the provisions of the river without the consent of the water administrative department of the people's government at or above the county level, ordered to stop the illegal behavior, the deadline for restoration of the original state, impose a fine of 100,000 yuan; overdue restoration of the original state, mandatory restoration of the original state, the required costs borne by the offender, impose a fine of 500,000 yuan.