@所有企业 , Here are 12 common environmental violations and their consequences

CCATS

Entrepreneurs,请谨记以下十二种常见环境违法行为与后果！

习近平总书记曾在全国生态环境保护大会上指出，"Protect the ecological environment with the strictest system and the strictest rule of law，Accelerate institutional innovation，Strengthen the implementation of the system，Let the system become a rigid constraint and an untouchable high-voltage line"。In recent years，A number of environmental protection laws and regulations in China have been revised one after another，The environmental responsibility of enterprises is more stringent、Meticulous requirements，At the same time, the punishment will be increased，Stressing business owners who are thinking about or are doing environmental violations，It has formed a strong deterrent effect。According to the Ministry of Ecology and Environment's report to the media today on the implementation of environmental administrative punishment cases and supporting measures for the Environmental Protection Law from January to July 2018，January-July of this year，A total of 91,770 penalty decisions have been issued in environmental administrative punishment cases nationwide，The amount of fines and forfeitures was 7,468.34 million yuan。

As can be seen from the above data，The severity of the punishment has not decreased，I hope that all entrepreneurs must attach great importance to ecological and environmental protection work，Strictly comply with environmental laws and regulations。Eight common environmental violations and their legal consequences are hereby notified below：

One、Refuse to check、或检查时弄虚作假
第八十一条 以拖延、Containment、滞留执法人员等方式拒绝、obstructing oversight and inspections by the competent departments for environmental protection or other departments exercising oversight and management powers in accordance with the provisions of this Law，or falsification when being supervised and inspected，The competent departments for environmental protection of people's governments at the county level or above, or other departments exercising oversight and management powers in accordance with the provisions of this Law, are to order corrections，A fine of not less than 20,000 yuan but not more than 200,000 yuan is imposed。——《中华人民共和国水污染防治法》第九十八条 以拒绝进入现场等方式，Refusal to accept the competent department of environmental protection and the environmental supervision agency entrusted by it，or supervision and inspection of other departments responsible for the supervision and management of atmospheric environmental protection，or falsification when being supervised and inspected，by the competent department of environmental protection of the people's government at or above the county level，or other departments responsible for the supervision and management of atmospheric environmental protection shall order corrections，A fine of not less than 20,000 yuan but not more than 200,000 yuan is imposed；constitutes a violation of the administration of public security，The public security organs are to punish them in accordance with law。

——《中华人民共和国大气污染防治法》

Article 70：Violation of the provisions of this Act，Refusing on-site inspections by the administrative departments for environmental protection of people's governments at the county level or above or other departments for the supervision and management of efforts to prevent and control environmental pollution by solid wastes，The department performing the on-site inspection shall order corrections to be made within a set period of time；Refusal to make corrections or falsification during inspections，A fine of not less than 2,000 yuan but not more than 20,000 yuan shall be imposed。

——《中华人民共和国固体废物污染环境防治法》

Two、Pollutants discharged in excess of the standard and in excess of the total amount、by tampering、伪造监测数据等逃避监管方式排放废水或废气污染物的
根据《中华人民共和国水污染防治法》第八十三条或《中华人民共和国大气污染防治法》第九十九条规定：The competent department for environmental protection of the people's government at the county level or above shall order corrections or order production to be restricted、Suspension of production for rectification，and a fine of between 100,000 and 1,000,000 RMB；The circumstances are serious，It shall be submitted to the people's government with the right to approve for approval，Ordered to suspend business、Shut down：Article 63, Paragraph 3 of the Environmental Protection Law stipulates that the hidden pipe shall be passed、Seepage wells、Seepage pits、Illegal discharge of pollutants by means of perfusion and other ways to evade supervision，refers to the passage through the dark tube、Seepage wells、Seepage pits、Illegal discharge of pollutants by means of evading supervision, such as discharge of pollutants without legal discharge ports, such as perfusion：Dark tubes是指通过隐蔽的方式达到规避监管目的而设置的排污管道，This includes cement pipes that are buried in the ground、Porcelain tubes、plastic pipes, etc，and temporary sewer pipes above ground；Seepage wells、Seepage pits是指无防渗漏措施或起不到防渗作用的、Closed or semi-enclosed pits、cistern、pond、wells and ditches、canals, etc；Perfusion refers to the discharge of pollutants into the ground through high-pressure deep wells。
Three、Environmental protection facilities that need to be built have not been completed、It has not been accepted or has failed to pass the acceptance，The construction project is put into production or use，or falsification in the environmental protection acceptance of the completion of environmental protection facilities，
According to Article 23 of the Regulations on the Administration of Environmental Protection of Construction Projects：The competent department of environmental protection at the county level or above is to order corrections to be made within a set period of time，A fine of 200,000 yuan to 1 million yuan shall be imposed；Failure to make corrections within the time limit，A fine of 1 million yuan to 2 million yuan shall be imposed；to the person in charge who is directly responsible and other responsible personnel，A fine of 50,000-200,000 yuan shall be imposed。Causing major environmental pollution or ecological damage，Order to stop production or use，or report to the people's government with the right to examine and approve for approval，Ordered to close。
Four、Failure to submit the environmental impact report of the construction project for approval in accordance with the law、Report Form，Unauthorized construction of construction，or after the environmental impact assessment document of the construction project is approved，The nature of the construction project、scale、place、The production process used or the prevention and control of pollution、There is a major change in the measures to prevent ecological damage，The environmental impact report has not been re-submitted for approval or re-reviewed、Report Form，Unauthorized construction of construction。
In accordance with Article 31 of the Law of the People's Republic of China on Environmental Impact Assessment：The administrative department of environmental protection at or above the county level shall order the construction to be stopped，According to the circumstances of the violation and the harmful consequences，A fine of between 1% and 5% of the total investment amount of the construction project shall be imposed，and may order restitution；The person in charge and other persons directly responsible for the construction unit，Administrative sanctions shall be given in accordance with law。The construction unit fails to file the environmental impact registration form of the construction project in accordance with the law，The administrative department in charge of environmental protection at or above the county level shall order the record，A fine of not more than 50,000 yuan shall be imposed。
Five、Pollutant discharging units，Penalties imposed by fines，Ordered to make corrections，refusal to make corrections
根据《中华人民共和国环境保护法》第五十九条规定：From the day after the day on which the correction is ordered，Punishment is to be given on a daily basis in accordance with the original penalty amount。Article 5 of the Measures for the Implementation of Continuous Daily Penalties by the Competent Departments of Environmental Protection provides，Those who fall under any of the following acts:，Consecutive daily penalties may be imposed。Pollutants discharged in excess of the standard or in excess of the total amount、Emissions of pollutants by evading regulation、Emissions Laws、Pollutants that are prohibited by regulation、Illegal dumping of hazardous waste, etc。
Six、违法设置排污口的环境违法行为
根据《中华人民共和国水污染防治法》第八十四条规定：The local people's government at or above the county level shall order the demolition within a time limit，A fine of between 100,000 and 500,000 RMB is to be imposed；If it is not dismantled within the time limit，Forced demolition，A fine of between 500,000 and 1,000,000 RMB is to be impos。Setting up sewage outlets in violation of other relevant regulations，Ordered to be demolished within a time limit，A fine of between 20,000 and 100,000 RMB is to be imposed；If it is not dismantled within the time limit，Forced demolition，A fine of between 100,000 and 500,000 RMB is to be imposed。
Seven、Failure to comply with regulations on the discharge of wastewater、Self-monitoring of exhaust air pollutants，or the original monitoring records are not saved；Failure to install automatic pollutant monitoring equipment in accordance with regulations、未按规定联网并保证监测设备正常运行的
根据《中华人民共和国水污染防治法》第八十二条或《中华人民共和国大气污染防治法》第一百条规定：Where any of the following conduct is exhibited, the competent department for environmental protection of people's governments at the county level or above is to order corrections to be made within a set period of time，A fine of between 20,000 and 200,000 yuan shall be imposed；Failure to make corrections within the time limit，Ordered to stop production for rectification。Article 82 of the Water Law (2) Failure to install automatic monitoring equipment for water pollutant discharge in accordance with regulations，Failure to network with the monitoring equipment of the competent department of environmental protection in accordance with regulations，or failure to ensure the normal operation of the monitoring equipment；

Article 100 of the Air Law (3) Failure to install in accordance with regulations、The use of automatic monitoring equipment for air pollutant emissions, or failure to network with the monitoring equipment of the competent department of environmental protection in accordance with regulations，And ensure the normal operation of the monitoring equipment；(4) Key pollutant discharging units do not disclose or do not truthfully disclose automatic monitoring data；

Eight、固废管理不到位
《中华人民共和国固体废物污染环境防治法》第六十八条 违反本法规定，Committing any of the following acts，The administrative department for environmental protection of the people's government at the county level or above shall order the illegal conduct to be stopped，Correction within a time limit，A fine is imposed：(A) not in accordance with the provisions of the State declaration and registration of industrial solid waste，or falsification in the declaration and registration；(B) the temporary use of industrial solid waste does not build storage facilities、The premises are safely stored separately，or no harmless disposal measures have been taken；(3) Transferring equipment that has been eliminated in the list of eliminated equipment to others for use, and (4) Closing it without authorization、Idle or dismantle industrial solid waste pollution prevention and control facilities、premises；(5) In nature reserves、Scenic area、Drinking water source protection zone、Basic farmland protection areas and other areas in need of special protection，Centralized storage of industrial solid waste、disposal facilities、sites and domestic waste landfills；(F) unauthorized transfer of solid waste out of the province、Autonomous regions、Stored in the administrative areas of municipalities directly under the Central Government、Disposed of；(7) Failure to take corresponding preventive measures，Causing industrial solid waste to disperse、Loss、leakage or other environmental pollution；(8) Discarded along the way during transportation、Scattering industrial solid waste。There is item (1) of the preceding paragraph、One of the eighth acts，A fine of not less than 5,000 yuan but not more than 50,000 yuan shall be imposed；There is item 2 of the preceding paragraph、The third item、Fourth、Fifth、Sixth、One of the seventh acts，place一万元以上十万元以下的罚款。

Illegal emissions、pour、Dispose of more than three tons of hazardous waste，or unlawful gains or causing losses of 300,000 yuan or more to public or private property；

According to the Supreme People's Court、Article 1 of the Interpretation of the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in the Handling of Criminal Cases of Environmental Pollution provides，It should be recognized as "serious environmental pollution"。At the same time, the aforementioned Article 7 provides：Knowing that others do not have a hazardous waste business license，Provision to them or commission collection from them、reserve、exploit、Disposal of hazardous waste，Seriously pollute the environment，Punished as joint crime。

Nine、The construction project has not been EIA，It was ordered to stop construction，Refusal to perform；No pollutant discharge permit，Ordered to stop discharging sewage，Refusal to perform；Illegal discharge of pollutants by evading regulation；produce、Use of pesticides that are prohibited by the state，Ordered to make corrections，refusal to make corrections
根据《中华人民共和国环境保护法》第六十三条规定：The competent departments for environmental protection of people's governments at the county level or above or other relevant departments are to transfer the case to the public security organs，Managers and other persons directly responsible for them，Detention for between 10 and 15 days is to be given；The plot is minor，They are to be detained for not less than 5 days but not more than 10 days。
Ten、Violation of regulations to the land、body of water、Atmospheric emissions、Dumping or disposing of radioactive waste、Waste containing pathogens of infectious diseases、Toxic substances or other hazardous wastes，造成严重环境污染事故的
根据《中华人民共和国刑法》第三百三十八条规定：A sentence of up to three years imprisonment or short-term detention is to be given，and/or a single fine；The consequences are particularly severe，The sentence shall be fixed-term imprisonment of not less than three years but not more than seven years，and fines。According to the Supreme People's Court、Article 1 of the Supreme People's Procuratorate's Interpretation on Several Issues Concerning the Application of Law in the Handling of Criminal Cases of Environmental Pollution "Serious environmental pollution" includes:：In the first-class protection zone for drinking water sources、Emissions from the core area of nature reserves、pour、Disposal of radioactive waste、Waste containing pathogens of infectious diseases、of toxic substances；Illegal emissions、pour、Dispose of more than three tons of hazardous waste；emission、pour、Disposal of lead、mercury、cadmium、chromium、arsenic、thallium、Contaminants of antimony，More than three times the national or local pollutant discharge standards；Through a dark tube、Seepage wells、Seepage pits、crevice、Karst cave、Discharge by means of perfusion and other ways to evade regulation、pour、Disposal of radioactive waste、Waste containing pathogens of infectious diseases、toxic substances, etc。
Eleven、挥发性有机物防治不到位
《中华人民共和国大气污染防治法》第一百零八条 违反本法规定，Committing any of the following acts，The competent departments for environmental protection of people's governments at the county level or above are to order corrections，A fine of not less than 20,000 yuan but not more than 200,000 yuan is imposed；refusal to make corrections，Ordered to stop production for rectification：(1) Production and service activities that produce waste gases containing volatile organic compounds，Not in a confined space or facility，Not installed in accordance with the regulations、Use of pollution prevention facilities，or failure to take measures to reduce exhaust emissions；(2) Industrial coating enterprises have not used coatings with low volatile organic compound content or have not been established、Keep the ledger；

(3) Oil、Chemical and other enterprises that produce and use organic solvents，No action was taken on the pipeline、The equipment undergoes routine maintenance、Maintenance，Reduce material leakage or fail to collect and deal with leaking materials in time；

(4) Oil and gas storage、Refueling stations and tank trucks、gas tankers, etc，Failure to install and use the oil and gas recovery device normally in accordance with the relevant provisions of the state；

(5) Iron and steel、Building materials、nonferrous metal、petroleum、chemical industry、Pharmaceutical、Mineral mining and other enterprises，Centralized collection and processing is not adopted、Closed、Fencing、cover、Cleaning、sprinkler and other measures，control、Reduces emissions of dust and gaseous pollutants；

(6) Industrial production、Flammable gases from landfills or other activities are not recycled，It does not have the conditions for recycling, and does not carry out pollution prevention and treatment，or the flammable gas recovery and utilization device cannot operate normally，Failure to repair or update in a timely manner。

twelve、Discharge of acid and alkaline oil into water bodies，Radioactive wastewater，or use ditches without anti-leakage measures、坑塘输送和贮存废水
　第八十五条 有下列行为之一的，The competent department for environmental protection of the local people's government at the county level or above is to order the illegal conduct to be stopped，Take governance measures within a time limit，Eliminate pollution，A fine is imposed;Failure to take governance measures within the time limit，The competent departments for environmental protection may designate units with governance capacity to do so on their behalf，The costs are borne by the offender：(One)Discharge of oil into water bodies、Acid、lye;(Two)Discharge of highly toxic waste liquid into water bodies，or will contain mercury、cadmium、arsenic、chromium、lead、cyanide、Soluble and highly toxic waste residues such as yellow phosphorus are discharged into the water body、Dumped or buried directly into the ground;(Three)Wash and store oil in a water body、Toxic contaminants of vehicles or containers;(Four)Discharge into water bodies、Dumping of industrial waste residues、Town garbage or other waste，Or in the rivers、lakes、canal、channel、Shoals below the maximum water mark of the reservoir、Stacked on the bank slope、Storing solid waste or other pollutants;(Five)Discharge into water bodies、Dumping radioactive solid waste or containing high levels of radioactivity、Wastewater with radioactive substances;(Six)Violation of relevant national regulations or standards，Discharge of wastewater containing low-level radioactive materials into water bodies、Hot wastewater or sewage containing pathogens;(Seven)Failure to take measures to prevent leakage，or failing to build groundwater quality monitoring wells for monitoring;(Eight)Underground oil tanks such as gas stations do not use double-deck tanks or other effective measures such as the construction of seepage prevention tanks，or no leakage monitoring;(Nine)Failure to take protective measures in accordance with regulations，Or use ditches that have no anti-leakage measures、Ponds and other pits and ponds transport or store wastewater containing toxic pollutants、Sewage or other wastes containing pathogens。

There is item 3 of the preceding paragraph、Fourth、Sixth、Item 7、One of the eighth acts，A fine of not less than 20,000 yuan but not more than 200,000 yuan is imposed。There is item (1) of the preceding paragraph、The second item、Fifth、One of the ninth acts，A fine of between 100,000 and 1,000,000 RMB is imposed;The circumstances are serious，It shall be submitted to the people's government with the right to approve for approval，Ordered to suspend business、Shut down。

source：Anhui environmental protection