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2022-08-22
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Hubei took the lead in issuing a positive list of environmental supervision, and some enterprises will be exempted from on-site inspection

release date: Source: Beijing News Views: 2817 copyright and disclaimer

core tip: during the epidemic, the Ministry of ecological environment will guide all regions to establish a positive list of environmental supervision and law enforcement, and exempt some enterprises from on-site law enforcement inspection. On April 3, Hubei took the lead in introducing the positive regulation of ecological environment supervision and law enforcement. During the epidemic period, the Ministry of ecological environment will guide all regions to establish a positive list of environmental supervision and law enforcement, and exempt some enterprises from on-site law enforcement inspection. On April 3, Hubei took the lead in introducing the positive list management measures for ecological environment supervision and law enforcement. It is reported that the first batch of 1423 enterprises included in the list will be announced in succession in the near future

01. Production enterprises such as masks and protective clothing can be included in the list

the positive list of ecological environment supervision and law enforcement refers to the directory system that gives priority to the enterprises and projects compiled through the screening procedure or adopts positive incentives such as reducing or exempting on-site inspection in the activities of ecological environment supervision and law enforcement

according to the management measures issued by Hubei Province, the positive list includes three types: the positive list of ecological environment supervision and law enforcement for epidemic prevention and control, the positive list of ecological environment supervision and law enforcement for heavily polluted weather, and the positive list of daily ecological environment supervision and law enforcement. In principle, the implementation time of the positive list of epidemic prevention and control is up to the sixth month after the end of the epidemic

the positive list of Hubei Province will be screened from six categories of industries, including epidemic prevention and control, key industries and enterprises in people's livelihood security, industries and enterprises with low pollution and strong ability to absorb employment, key engineering projects, enterprises in key fields, and other enterprises that have installed monitoring equipment, operate normally and are connected with the local ecological environment bureau

among them, the epidemic prevention and control category includes medical and health, material production enterprises such as masks, protective clothing, disinfectants, medicines, medical equipment, etc., which are urgently needed for epidemic prevention and control

02. The positive list implements a dynamic adjustment system

how to screen the list? Hubei Provincial Department of ecological environment introduced that different screening conditions were set for epidemic prevention and control, heavily polluted weather and daily supervision

enterprises or projects related to epidemic prevention and control, which have been recognized or recognized by the national or local Party committee and government, and the epidemic prevention and control headquarters, will be included in the positive list. For the positive list of heavily polluted weather and the positive list of daily supervision, within the scope of industry categories, it is determined respectively in combination with the pollutant emission of enterprises and projects, environmental compliance, daily supervision, environmental credit evaluation and other factors

in order to avoid grey areas in environmental supervision, this time it is also clear that enterprises or projects involved in the centralized Incineration of domestic waste, the centralized disposal of hazardous waste (including medical waste), the centralized treatment of urban and rural domestic sewage, the centralized treatment of industrial sewage in industrial clusters, chemical and paper enterprises or projects distributed within 1 km of the main stream of the Yangtze River and its main tributaries, and enterprises with criminal records of environmental pollution in the past three years, It shall not be included in the positive list of daily supervision and law enforcement of ecological environment protection

in addition, the positive list implements a dynamic adjustment system. The first two types of lists are adjusted according to actual needs, and the daily supervision list is updated once a year

03. Carry out off-site inspection by means of remote sensing, unmanned aerial vehicles and other scientific and technological means

the measures stipulates that enterprises or projects included in the positive list will be less or not included in the enterprise supervision and inspection, and on the premise of guiding relevant enterprises and projects to improve environmental management, services will be provided when necessary, and there will be no interference when necessary. During the emergency response period of heavily polluted weather, the enterprises or projects in the list will not stop production, limit production, inspect or disturb, so as to ensure the normal production of enterprises and the normal operation of projects

after the on-site inspection is exempted, the ecological environment department will use the intelligent monitoring system of pollution sources to carry out off-site inspection on the enterprises or projects in the positive list by using scientific and technological means such as remote sensing, UAV patrol, monitoring, video monitoring, energy monitoring and big data sub start pump electromechanical analysis, and bring the enterprises or projects in the positive list into the "double random, one open" supervision, And adopt different supervision and law enforcement methods according to the types of different enterprises or projects in the positive list

the measures also stipulates that if the enterprises or projects in the positive list are exposed by the media for suspected environmental violations, instructions from central and provincial leaders, letters and visits from the masses, secondary environmental disasters caused by work safety accidents or sudden environmental events, the environment department will carry out on-site law enforcement inspection in accordance with legal procedures

in addition, if the local ecological environment bureau abuses its power, neglects its duty, practices favoritism and fraud, it will be punished according to law and discipline

04. Many places in Hubei have successively released the first batch of positive lists

as of April 4, many places in Hubei have released the first batch of positive lists of ecological environment supervision. At the same time of issuing the list, many environmental departments said that enterprises and projects do not enjoy "privileges" outside the scope of the law because they are selected into the positive list

a total of 49 companies were preliminarily selected from the first batch of lists in Huangshi, Hubei Province. Among them, there are 25 cases of epidemic prevention and control, which will be implemented until the 6th month after the end of the epidemic; There are 9 enterprises in the category of heavily polluted weather, which are enterprises with small emissions of air pollutants, and the implementation time is during the emergency response period of heavily polluted weather; There are 15 enterprises in the category of daily supervision, which are enterprises with strong pollution control ability and have no environmental violations in the past two years. The implementation time is one year from the date of release

a total of 93 enterprises and projects in Yichang, Hubei Province, were included in the first batch of positive list of ecological environment supervision and law enforcement, including 55 in epidemic prevention and control, 9 in heavily polluted weather, and 29 in daily supervision. It covers 55 medical and health material production enterprises urgently needed for epidemic prevention and control, 19 enterprises in key industries of people's livelihood security, 11 enterprises in industries with low pollution and strong ability to absorb employment, and 4 major engineering projects

the first batch of positive list in Xiangyang, Hubei Province includes 110 enterprises. Xiangyang ecological environment bureau also said that when the enterprises or projects included in the positive list have minor environmental violations and have been corrected in time without causing environmental harm consequences, they can not be punished according to law, and urge them to rectify as soon as possible. For those who fail to complete the rectification on time due to the impact of the epidemic, they can extend the rectification period as appropriate, and prudently take measures to seal up, detain and restrict production Stop production, especially the experimental machine treatment measures using hydraulic transmission

why did Hubei take the lead in implementing the positive list of ecological environment supervision and law enforcement

according to the relevant person in charge of the Department of ecological environment of Hubei Province, Hubei is still in the stage of epidemic prevention and control. At this time, the introduction of the "measures" is an important measure to implement the decision and deployment of the CPC Central Committee on comprehensively promoting the prevention and control of the COVID-19 and economic and social development. Environmental supervision policies should be adjusted and improved in a timely manner according to social and economic development and changes in the situation

at present, the primary task of Hubei is to resume production as soon as possible under the premise of scientific prevention and control. The measures have formulated differentiated supervision and law enforcement measures to enable enterprises to resume production and business activities in an orderly manner on the premise of complying with environmental protection laws and regulations and scientifically preventing and controlling the epidemic. For example, medical and health, material production enterprises urgently needed for epidemic prevention and control, and enterprises that ensure people's livelihood will be included in the positive list. The longer-term significance is that the "measures" is an active exploration to optimize law enforcement methods and promote classified management, which is conducive to the construction of a modern environmental supervision system

the person in charge said that in recent years, the contradiction between environmental supervision ability and supervision demand has become increasingly prominent, and the current supervision method can not fully meet the needs of the modernization of environmental governance system and governance ability

through incentive and differentiated environmental supervision and law enforcement measures, the measures reduce or do not eliminate enterprises with light pollution, low risk and strong law-abiding consciousness, and more enterprises with heavy pollution, high risk and weak law-abiding consciousness, which can not only encourage enterprises to actively abide by the law and develop green, but also focus limited law enforcement resources on subjective malicious sewage discharge, illegal and criminal enterprises or projects, so as to improve the efficiency of environmental supervision

the signal changes for one cycle

does the introduction of a positive list mean that environmental regulation is relaxed

according to the relevant person in charge of the Hubei provincial environmental law enforcement corps, although the Measures stipulate that enterprises and projects in the positive list should be less or no on-site inspection, it is by no means indifferent

the measures stipulates the supervision methods and restart the on-site inspection mechanism, and makes it clear that the enterprises and projects in the positive list will be included in the ecological environment "double random and one open" system, and the off-site supervision method will be adopted for supervision, which is by no means non supervision. The enterprises and projects included in the list are not "once and for all". The measures stipulates the dynamic adjustment and removal system of the positive list

Cao Liping, director of the Law Enforcement Bureau of the Ministry of ecological environment, previously said that the formulation and implementation of a positive list is an active exploration to promote classified supervision. However, it must be emphasized that the exemption of enterprises from on-site law enforcement inspection is not simply equivalent to "not asking". Law enforcement departments can still carry out supervision, management and services to enterprises through online communication and other ways. The positive list also clearly puts forward the need to explore materials with good electrical performance and carry out off-site supervision by scientific and technological means

Cao Liping said that efforts to investigate and deal with serious environmental violations will continue to be strengthened. For those who have strong complaints from the masses and damage the interests of the masses, those who secretly discharge and release pollutants, and those who subjectively and maliciously discharge pollutants, and those who falsify monitoring data and seriously pollute the environment and constitute environmental pollution crimes, we should strengthen the linkage with judicial organs, increase punishment, and safeguard the health of the masses and environmental safety

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