Hebei Trial Implementation of Minor Violations of Ecological Environment and Immunity
Latest News: Recently, the Hebei Provincial Department of Ecology and Environment, on the basis of widely soliciting opinions from all walks of life, formulated and issued the “Measures for Exemption of Minor Violations of the Ecological Environment of the Hebei Provincial Department of Ecology and Environment (Trial Implementation)” )” (hereinafter referred to as the “Exemption Measures”). In accordance with relevant regulations, the “Measures for Exemption from Penalty” have been further expanded and refined in accordance with Hebei Province’s earlier discretionary exemptions, increasing the original 12 types of exemptions to 25.
The reporter learned that in order to fully implement the relevant provisions of “the first violation with minor harmful consequences and timely correction, administrative punishment may not be imposed”, the ecological environment administrative punishment work in Hebei Province adheres to the principle of scientific, precise and lawful law, and further refines and regulates the exemption of punishment. , In the “Measures for Exemption from Punishment”, 16 kinds of exemptions from penalties are specified for minor violations and timely corrections that do not cause harmful consequences, including construction projects that have not been approved and no pollutants will be generated, and construction projects that should be filed but not filed, should be reported. Failure to fill in the pollutant discharge registration form, or fail to submit a report on the implementation of the pollutant discharge permit in a timely manner. At the same time, the “Measures for Exemption from Punishment” clarified 9 situations in which the first violation of the law has minor harmful consequences and should be corrected in a timely manner. The effective implementation of the system will be further ensured by expanding and refining the circumstances of exemption from punishment.
The relevant person in charge of the Hebei Provincial Department of Ecology and Environment pointed out that the “Exemption List” does not mean the “Exemption List”. To this end, the “Measures for Exemption from Punishment” strictly define the standards of “penalty” and “non-punishment”, and propose that an administrative decision should be made according to the facts, nature, circumstances and other factors of the illegal act, as well as the statutory circumstances of no administrative penalty. , to ensure that the excessive penalties are equivalent, and prevent the excessively light and heavy. If the party commits the same type of illegal behavior again within the specified time limit, heavier penalties will be imposed in accordance with discretionary provisions; if the application of minor violations of the ecological environment that does not receive administrative penalties, the combination of punishment and education should be adhered to. Through measures such as criticism and education, signing letters of commitment, and assistance and guidance, the administrative counterparts are encouraged to carry out production and operation activities in compliance with laws and regulations.
At the same time, in order to ensure the legal and effective implementation of exemption from punishment, in the “Measures for Exemption from Punishment”, Hebei Province has further expanded and refined the relevant implementation procedures in combination with the earlier discretionary exemption, and guided all localities to strictly follow the legal authority and procedures to enforce the law. The “Measures for Exemption from Punishment” proposes that violations of the ecological environment should be comprehensively, objectively and impartially investigated and collected in accordance with the law. For the issue of exemption from punishment, if it can be corrected on the spot, keep the video data, record the rectification process, and sign the “Commitment Letter” on the spot to prevent similar problems from recurring; for issues that require rectification within a certain time limit, issue a “Decision on Ordering Correction of Illegal Acts” , urge the parties to sign the “Commitment Letter” on the spot, and reasonably determine the correction period; for the exemption from punishment that requires a certain period of rectification, strictly implement the investigation procedure of the case, make a decision not to impose an administrative penalty after collective research and discussion, and clarify the fact that the penalty is exempted , evidence, basis and justification. For environmental violations that meet the conditions for exemption from administrative punishment, the ecological environment department should strengthen supervision and guidance to ensure that environmental violations are rectified in place.
In the next step, the Hebei Provincial Department of Ecology and Environment will schedule evaluations on a regular basis, strictly supervise the implementation, strengthen the implementation, and strictly investigate and deal with the problems of inaction and disorder in ecological environment law enforcement. Strictly pursue accountability. The decision of the ecological environment department not to impose an administrative penalty will also be disclosed to the public in a timely manner in accordance with the provisions of the administrative law enforcement publicity, accept the supervision of the masses, and resolutely ensure that the “Measures for Exemption from Penalty” are implemented and effective, and promote high-level protection of the ecological environment and economic development with actual results. high-quality development.