Legal information

Introduction to the article: Let’s take a look at the basic work that environmental supervision agencies are responsible for, the powers of the environmental supervision brigade, and the measures that environmental supervisors who enforce the law on site can take.

First, the 10 tasks that environmental supervision agencies should be responsible for

1. Supervise the implementation of environmental protection laws, regulations, rules and other normative documents;

2. On-site supervision and inspection of pollutant emissions from pollution sources, operation of pollution prevention and control facilities, implementation of environmental protection administrative licenses, implementation of environmental protection laws and regulations on construction projects, etc.;

3. On-site supervision and inspection of the implementation of ecological and rural environmental protection laws and regulations such as nature reserves, livestock and poultry breeding pollution prevention and control;

4. Specifically responsible for the declaration and registration of pollutant discharges, the assessment and collection of pollutant discharge fees;

5. Investigate and deal with environmental violations;

6. Investigate, transfer, and supervise complaints and reports on environmental pollution and ecological damage, and follow the division of responsibilities determined by the environmental protection authorities. Ying Ting learned that he is specifically responsible for mediating disputes over environmental pollution and ecological damage;

7. Participate in emergency response to environmental emergencies;

8. Supervise and inspect serious environmental pollution and ecological damage issues;

9. Responsible for specific environmental audit work according to responsibilities;

10. Other duties stipulated in laws, regulations, rules and normative documents.

Second, the 12 powers of the Environmental Supervision Brigade

1. Responsible for the guidance, supervision and assessment of daily environmental monitoring business, taking the lead in organizing special environmental monitoring and summarizing and reporting the situation.

2. Responsible for on-site supervision, inspection, and handling of the implementation of environmental protection laws and regulations by units and individuals within the jurisdiction.

3. Responsible for the on-site inspection of pollution sources of enterprises under its jurisdiction and the operation and management of various pollution prevention and control facilities.

4. Responsible for the registration, review and approval of pollutant discharge declarations, and the accounting and collection of pollutant discharge fees by polluters in the area under their jurisdiction.

5. Responsible for the collection and punishment of enterprises under jurisdiction that refuse to pay pollution discharge fees.

6. Responsible for the investigation and handling of environmental pollution accidents, environmental petitions, and pollution disputes within the jurisdiction.

7. Responsible for investigating and participating in the handling of marine and ecological damage incidents within the jurisdiction.

8. Responsible for environmental safety inspections of key polluting enterprises in the jurisdiction and on-site emergency response to major and sudden pollution accidents.

9. Responsible for the construction and operation supervision and management of the remote automatic monitoring system for pollution sources in the area under its jurisdiction. Responsible for the daily management of the remote automatic monitoring center, coordinating the operation of the automatic monitoring system, establishing corresponding operation files, and collecting and reporting sewage discharge data information in a timely manner.

10. Responsible for the implementation process of construction projects and time-limited governance projects in the jurisdiction areasuperviseand participate in the acceptance work.

11. Participate in on-site supervision and inspection of the implementation of pollution discharge licenses of enterprises under your jurisdiction.

12. Undertake other tasks entrusted by the supervisor or superior environmental protection department.

Third, environmental inspectors who enforce the law on site have the right to take these six measures.

1. Enter relevant places to conduct surveys, sampling, monitoring, photography, audio recording, video recording, and production of transcripts;

2. Check and copy relevant information;

3. Make appointments and inquire with relevant personnel, request explanations of relevant matters, and provide relevant materials;

4. Order to stop or correct the illegal behavior;

5. Apply the simplified administrative penalty procedures and make administrative penalty decisions on the spot;

6. Other measures stipulated in laws, regulations and rules.

Yingting reminds you:

If you think the handling by the relevant departments is inappropriate, you can safeguard your legitimate rights and interests in accordance with Article 35 of the Administrative Penalty Law. That is, Article 35 of the Administrative Penalty Law stipulates that if the party concerned is dissatisfied with the administrative penalty decision made on the spot, he may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law. If you encounter unclear legal issues, you can consult a professional lawyer to find a solution. In addition, Ying Ting believes that when staff conduct on-site inspections, there should be no less than two environmental inspectors engaged in on-site law enforcement, and they should present administrative law enforcement certificates such as the "China Environmental Supervision and Law Enforcement Certificate" to identify themselves and explain law enforcement matters.

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Editor/Original Author: Yingting Demolition Lawyers Group