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| Implementation opinions of the Ministry of environmental protection on promoting the third party governance of environmental pollution |
The environmental protection departments (bureaus) of all provinces, autonomous regions and municipalities directly under the central government, the Environmental Protection Bureau of the city under separate state planning, and the Environmental Protection Bureau of the Xinjiang production and construction corps:
In order to accelerate and standardize the environmental pollution control third party (hereinafter referred to as the third party governance), according to the "Office of the State Council on the implementation of environmental pollution control third party Opinion" (Guo Ban Fa 2014 No. 69) requirements, we hereby put forward the following opinions.
I. General requirements
(1) guiding ideology. Implement the spirit of the party's eighteen and eighteen sessions of the second, third, fourth, fifth and six plenary session, in accordance with the overall layout of "five in one" and "the four overall strategic layout, and actively promote the construction of ecological civilization, vigorously implement the atmosphere, water and soil pollution prevention action plan, to improve environmental quality as the core, accelerate the implementation of a number of major projects to protect the ecological environment. The environmental pollution market, specialization, industry oriented, promote the establishment of polluters pay, the organic combination of the third party governance and sewage permit system of new pollution control mechanisms, to guide social capital to actively participate, and constantly improve the management efficiency and the level of specialization.
(two) basic principles.
Adhere to polluters responsible for the main responsibility for pollution control. Polluters shall shoulder the responsibility of pollution control, and bear pollution control fees according to the type, quantity and concentration of pollutants. The third party governance entity shall bear the responsibility for pollution control stipulated in the contract in accordance with the relevant laws, regulations and standards, as well as the entrustment requirements of the pollutant discharge unit. Through the contract, the polluters and the third party governance units shall establish a market operation mechanism with mutual supervision and common responsibility.
Adhere to the combination of supervision, law enforcement and information publicity. The full implementation of environmental protection laws and regulations, strict implementation of emission standards, strengthen supervision and enforcement of environmental protection, efforts to regulate market order, to create the third market of good governance environment, and comprehensively promote the third party governance information disclosure, and actively guide the media, the public and non-governmental organizations involved in environmental pollution control supervision.
Adhere to policy guidance and pilot. Based on the operation of the market, targeted to develop and improve the green finance, project reserve, the third party governance case directory and other policy measures, the third party governance guidance and support, and carry out pilot demonstration, timely promotion of mature experience and practice.
Two, clear the third party governance responsibility
(three) the definition of responsibility. The pollutant discharge unit undertakes the main responsibility for the pollution control, and may entrust the third parties to carry out the management services according to law, and fulfill the corresponding responsibilities and obligations according to the environmental service contract signed by the third party governance unit. The third party governance entity shall bear the corresponding legal liabilities and contractual obligations in accordance with the relevant laws, regulations and standards and contractual requirements. The third party governance units in practise fraud activities related to environmental services, causing environmental pollution and ecological destruction responsible, in addition to be punished in accordance with relevant laws and regulations, but also to be the cause of environmental pollution and ecological destruction and other responsible persons jointly and severally liable. In the environmental pollution control of public facilities and Industrial Park pollution control areas, the government as the third party governance Commission, for sewage disposal units in violation of the provisions of relevant laws or contracts lead to environmental pollution, the government is accountable to the sewage units according to the relevant provisions of the law or contract.
(four) the signing and enforcement of the third party governance contract. The government or the sewage disposal units and third party governance units should be in accordance with relevant laws and regulations, environmental pollution control third party contract with reference to the national development and Reform Commission, the environmental protection department and other ministries jointly issued the "environment" (model version) signed a service contract, clear the entrusted matters, governance boundary, liability, mutual supervision measures and their execution the responsibility of the conditions needed for breach of contract and the establishment of accountability, arbitration mediation and compensation compensation mechanism. The government or the pollutant discharge unit may entrust the environmental testing institutions which are jointly recognized by the parties to evaluate the effect of the administration, and shall be the basis for the payment of the administrative expenses stipulated in the contract.
Three, standardize enterprise emission technology and management requirements
(five) improve and refine emission requirements and technical specifications. According to the management system of pollution permits, environmental protection departments can supervise the sewage sewage units in accordance with the provisions of laws and administrative regulations of the State Council and the competent department of environmental protection of the port, source of pollution outfall standardized remediation or construction work, keep the original records to establish accurate records of environmental management account of the end. In accordance with the law, the pollutant discharge units shall establish their own ledger records and establish a routine supervision and inspection record with the environmental protection departments to improve the supervision and management filing mechanism.
(six) standardizing the operation of pollution control facilities. The pollutant discharge unit and the third party governance unit shall ensure the normal operation of the environmental protection facilities and shall not be allowed to stop without any cause. The third party governance unit shall report to the pollutant discharge unit in accordance with the contract as a result of the modification, updating, maintenance, maintenance of environmental protection facilities or other special circumstances. Third party governance units shall establish account records in accordance with the contract, record the operation and maintenance of environmental protection facilities, on-line monitoring data, etc., and be able to reflect the necessary materials for the operation of environmental protection facilities.
Four, strengthen environmental supervision and information publicity
(seven) further intensify environmental supervision and law enforcement. Fully implement environmental protection laws and regulations, and intensify law enforcement. Carry out the action plan for prevention and control of air, water and soil pollution, carry out special environmental law enforcement inspections in key industries, and strictly carry out environmental protection daily supervision in strict accordance with the "double random, one public" requirement |
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