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Water environmental protection will be included in the government's assessment
It was first submitted to the standing committee of the National People's Congress for deliberation in August 2007 and then released to the public for comments. Since September 5, solstice and October 10, more than 1,400 opinions have been received through the Internet and letters. On this basis, the legal committee of the standing committee of the National People's Congress and the working committee of the legal system have made some important amendments to the draft, which further strengthened the responsibility of local governments to protect the water environment and imposed penalties on those who pollute it.
Priority should be given to protecting drinking water sources
After the 17th national congress of the communist party of China, China's environmental protection work has further made it clear that ensuring the safety of drinking water for the masses should be the top priority.
Some members of the standing committee, local governments and the people have proposed that, in order to ensure the safety of drinking water for the people, the protection of drinking water sources should be a priority objective in the prevention and control of water pollution. At the same time, in addition to strictly controlling industrial and agricultural non-point source pollution, we should also strictly control the pollution of urban sewage to water bodies. To this end, in article 3 of the second draft of the revised draft, provisions on "priority protection of drinking water sources" and strict control of "urban living pollution" were added.
We will implement an assessment and evaluation system for water environmental protection
Some opinions hold that it is not enough that article 4 of the general provisions of the revised draft stipulates that local governments should incorporate water environmental protection into national economic and social development plans and be responsible for the quality of the water environment in their respective administrative regions. Local governments should also be assessed on the achievement of water environmental protection goals.
As a result, a new provision was added in the second draft :" the state implements the responsibility system for water environmental protection objectives and the assessment and evaluation system, and takes the achievement of water environmental protection objectives as the content of the assessment and evaluation of local people's governments and their responsible persons."
Establish the compensation mechanism of water environment ecological protection
Some members of the standing committee, local governments and the general public have proposed that ecological compensation should be made through financial transfer payments in order to encourage the protection of the water environment, coordinate regional development, and make contributions to the protection of the water environment in economically underdeveloped areas upstream of water sources.
The second draft added a regulation :" the state shall, through means of financial transfer payments, establish and improve a compensation mechanism for the protection of water environment and ecology in areas protected by potable water sources and in economically underdeveloped areas in the upper reaches of rivers, lakes and reservoirs."
It is strictly forbidden to set up secret management and other illegal platoon activities
Some standing committee members and some local governments have proposed that such practices should be strictly prohibited in light of the fact that some local governments and enterprises have set up hidden pipes or adopted other methods to secretly discharge waste water or sewage.
The second draft added a new regulation on "prohibiting the private installation of hidden pipes or other ways of evading supervision to discharge water pollutants", and added a corresponding legal liability.
The maximum discharge fee is five times the fine
Article 72 of the revised draft stipulates that anyone who pollutes a water body in excess of the discharge standard or the total volume control index shall be ordered to make treatment within a time limit and imposed a fine of not less than 100,000 yuan but not more than one million yuan. Production and discharge shall be restricted during the time limit for treatment and control; If the administrative task is not completed within the time limit, it shall be ordered to close down. A number of opinions have pointed out that fines ranging from 100,000 yuan to 1 million yuan for excessive discharge of pollutants cannot fully reflect the principle of "equal over-punishment" and it is difficult to solve the problem of "low illegal cost". To exceed bid blowdown behavior, should decide amerce amount by its serious degree, exceed exceed blowdown more serious, amerce amount should be bigger.
The second draft has been revised as follows: one is to exceed the standards of the pollutant discharge, the amount of pollutant discharge fee should be paid two times more than five times the fine; If serious environmental hazards cannot be eliminated by restricting production or emissions during the period of treatment within a time limit, the violator may be ordered to stop production for rectification. Those who fail to complete the task within the time limit shall be ordered to close by the relevant people's governments.
Civil compensation will be paid for the pollution
Many people hold that the solution to the problem of "low illegal costs" of environmental pollution cannot be achieved only by substantially increasing the amount of fines. Rather, the civil liability system for environmental pollution damage should be further improved. This will be more conducive to solving the pollution problem and effectively protecting the legitimate rights and interests of the victims.
The second draft has made some supplements for this purpose. If, in accordance with the relevant provisions of the civil procedure law and the characteristics of a lawsuit for compensation for water pollution damage, it is added that :" if a large number of parties have suffered losses as a result of a water pollution hazard, the parties concerned may elect representatives to carry out the lawsuit in accordance with the law; The competent department of environmental protection and the relevant social organizations may, in accordance with law, support the parties who have suffered losses as a result of the harm of water pollution to bring a suit in a people's court. "The state encourages legal service agencies and lawyers to provide legal assistance to victims of water pollution damage lawsuits." "In a dispute over the liability for damages and the amount of compensation arising from water pollution, the parties concerned may entrust an environmental supervision institution with the provision of monitoring data. Environmental monitoring agencies shall be entrusted with truthfully providing relevant monitoring data."