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The penalty standards for environmental violations are as follows:
1. Where the staff of the environmental protection department are obstructed from exercising the right of supervision and inspection, the fine standard is between 20,000 yuan and 200,000 yuan;
2. If a pollutant is discharged without obtaining a pollutant discharge permit, the fine standard is more than 100,000 yuan to less than 1 million yuan.
What are the environmental protection measures?
1. Formulate measures to prevent air pollution, reduce dust, and take effective measures for earthwork excavation and transportation, muck removal and transportation, and on-site garbage cleaning to reduce dust pollution;
2. Formulate measures to reduce pollution, eliminate smoke and dust, and control smoke and dust equipment;
3. Formulate measures to prevent water pollution, carry out anti-seepage training measures for paint and chemical materials and oil separation measures for canteen sewer as soon as possible;
4. Formulate measures to prevent construction noise pollution and reduce measures caused by construction;
5. Formulate measures to reduce noise disturbance and establish a disturbance group.
[Legal basis].Article 81 of the Law of the People's Republic of China on the Prevention and Control of Water Pollution.
Where the competent departments for environmental protection or other departments exercising oversight and management powers in accordance with the provisions of this Law are refused or obstructed by means such as delaying, becircling, or detaining law enforcement personnel, or where they commit fraud when accepting supervision and inspections, the competent departments for environmental protection at the county level or above or other departments exercising supervision and management powers in accordance with the provisions of this Law shall order corrections and give a fine of between 20,000 and 100,000 RMB.
Article 82.
Where the provisions of this Law are violated by any of the following acts, the competent department of environmental protection at the county level or above shall order corrections to be made within a set period of time and impose a fine of between 20,000 and 200,000 RMB; If the correction is not made within the time limit, it shall be ordered to stop production for rectification
1) Failing to self-monitor the water pollutants discharged in accordance with provisions, or failing to keep the original monitoring records;
2) Failing to install automatic monitoring equipment for water pollutant discharge in accordance with provisions, failing to network with the monitoring equipment of the competent department for environmental protection in accordance with provisions, or failing to ensure the normal operation of monitoring equipment;
3) Failure to monitor the sewage outlets and surrounding environment of toxic and harmful water pollutants in accordance with provisions, or failure to disclose information on toxic and harmful water pollutants.
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The impact of being punished by the Environmental Protection Bureau on the enterprise: If it will be notified online or in the government affairs system, then the company's financing, loans, administrative license approval, and listing will be restricted within three years. Moreover, all ** authorities will blacklist enterprises because of this punishment, which has a great impact.
Administrative Reconsideration Law of the People's Republic of China
Article 9: Where citizens, legal persons, or other organizations believe that a specific administrative act infringes upon their lawful rights and interests, they may submit an application for administrative reconsideration within 60 days from the date on which they become aware of the specific administrative act; However, the application period stipulated by law exceeds 60 days.
Where the statutory application time limit is delayed due to force majeure or other legitimate reasons, the application time limit shall continue to run from the date on which the obstacle is removed.
Article 12: Those who are dissatisfied with the specific administrative acts of the local people's work departments at or above the county level shall be selected by the applicant, and may apply for administrative reconsideration to the people's work departments at the same level of the department, or may apply to the competent department at the next higher level for administrative reconsideration.
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Legal Analysis: The punishment for the crime of polluting the environment is up to three years imprisonment or short-term detention, and/or a fine; where the consequences are especially serious, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.
The crime of polluting the environment refers to the act of violating the laws and regulations on the prevention and control of environmental pollution, causing environmental pollution, causing serious consequences and causing serious disturbances, and shall be subject to criminal punishment in accordance with the law.
Legal basis: Article 338 of the Criminal Law of the People's Republic of China Whoever discharges, dumps or disposes of radioactive wastes, wastes containing infectious disease pathogens, toxic substances or other harmful substances in violation of state regulations, and seriously pollutes the environment, is to be sentenced to up to three years imprisonment or short-term detention and/or a fine; where the circumstances are serious, a sentence of between three and seven years imprisonment and a concurrent fine is to be given; In any of the following circumstances, a sentence of seven or more years imprisonment and a concurrent fine is to be given:
1) Discharging, dumping, or disposing of radioactive wastes, wastes containing infectious disease pathogens, or toxic substances in key protected areas designated in accordance with law, such as drinking water source protection zones and core nature reserve core protection areas, where the circumstances are particularly serious;
2) Discharging, dumping, or disposing of radioactive wastes, wastes containing infectious disease pathogens, or toxic substances into the waters of important rivers and lakes designated by the State, where the circumstances are particularly serious;
3) Causing the loss of the basic functions of a large amount of permanent basic farmland or causing permanent damage;
4) Causing serious injury or illness to many people, or causing serious disability or death.
Where conduct in the preceding paragraph simultaneously constitutes another crime, follow the provisions for the heavier punishment at trial and sentencing.
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