For historical reasons, what should I do if no EIA cannot apply for pollution licenses?

"Environmental Economy" magazine author Li Lianguang

There is a rice noodle processing factory in a county in a county in the south. Since its completion in December 1998, it has not been completed and put into operation. It has not been approved by the EIA and the completion of environmental protection acceptance procedures. Nowadays, the company's environmental protection facilities are relatively complete and pollutants are discharged.

In 2020, the national implementation of enterprises' fixed pollution sources issued permits issued in accordance with the full coverage of the pollution. The enterprise cannot handle the pollution permits without the application conditions of the environmental assessment. After two years of traceability period, the EIA will not be punished) to issue a rectification notice, and requires the re -application for the approval and acceptance procedures of the EIA within one year.

One year later, the plant has not rectified in place, because the overall planning approved in 2019 is classified as a commercial and residential area. According to the requirements of the EIA approval, the inspection and acceptance cannot be carried out without EIA. The county government considers the company's indispensable people's livelihood projects and employees of employees. It has not stopped the relocation plan within a few years, saying that it should control the environmental impact. Enterprise micro -profit operations, the ecological environment departments are difficult to implement according to law. It is also possible to make its production and operation without licensed and illegal sewage discharge production behaviors.

This is definitely not a case in the country. There are no environmental assessment approval procedures that cannot be issued pollution permits. The reason for the murmur is that the law of administrative non -punishment is canceled but not clearly exempted by the administrative approval procedure. Why should it be done? Incident in handling pollution permits into a fixed pollution source supervision has become a remedy method for the "unparalleled" project. Is the construction project that has not been approved after completion, should we make up the environmental protection acceptance procedures for environmental protection for environmental assessment and completion of environmental protection? From the perspective of legal, technical, cost, the legitimate rights and interests of those who protect the parties, and regulating administrative management, the author believes that for such enterprises, as long as the environmental protection facilities are improved, especially exceeding the punishment traceing period, research and implementation of exemption environmental assessment, acceptance and acceptance Procedures, realize production of pollution in accordance with the law, and help enterprises move forward lightly.

After the sewage is required, the reissue of the drawing is drawn

The issue of EIA procedures has become a problem again

The approval of the administrative department of the construction project with the right to approve the environmental impact assessment documents, the construction or completion of the production and production operations are "unpaid first", and the formal production and operation of unpaid environmental protection acceptance is commonly known as "not verified" "for a long time." "Dragging" is an illegal act of avoiding environmental protection procedures and obligations for construction units. The reason is not influenced by many factors such as low illegal cost, strong market timeliness, and law enforcement supervision.

EIA is one of the earliest environmental management systems in my country in China. The purpose is to control new environmental pollution and ecological destruction from the source. In the past, as long as the construction unit started construction without approval by the environmental impact assessment documents, once the construction period was discovered, the construction period must be stopped and the approval procedures were completed within a time limit. So there was a "unable to build first" traceability dispute.

At the beginning, it is generally believed that as long as the environmental assessment approval is constructed, it is the scope of the procedures for re -establishment of the non -approved construction. Later, in accordance with the principle of incompetence in the law, it was changed to the date of implementation of environmental protection laws and regulations, and it was not blamed. In some places, the implementation of the Environmental Impact Evaluation Law on September 1, 2003 is the reason that the EIA starts in the form of legal form and has not required approval procedures before. Some believe that the "Regulations on the Management of the Environmental Protection of Construction Projects" on November 29, 1998 refine the environmental assessment requirements and procedures in the form of regulations. Some believe that the "Administrative Measures for the Environmental Protection of Construction Projects" issued by relevant departments in March 1986 clarifies the scope, content, management authority and responsibilities of the EIA, and it is more reasonable to implement its rules. Some believe that the "Administrative Measures for the Environmental Protection of Basic Construction Projects" issued by the National 4 of the National Organs in May 1981 stipulated the basic content and procedures of the EIA, and the traceability period has since been right. Some people have revealed the "People's Republic of China Environmental Protection Law (Trial)" promulgated and implemented on September 13, 1979. "In the case of new construction, reconstruction and expansion projects, it is necessary to propose a report on environmental impacts. The departments and other relevant departments can only be designed after reviewing and approval ... ", this clause is legalized and institutionalized by the EIA, and there is no doubt at this time node.

Different understanding, the re -approval procedures and requirements, and the amount of penalties are also diverse in the same case. The administrative agencies have increased freely of discretion, which also encourages rent -seeking space.

Article 29 of the Administrative Penalty Law implemented on October 1, 1996 stipulates: "If illegal acts have not been discovered within two years, administrative penalties are no longer given. Except for other provisions of the law. Calculated from the date of behavior; if the illegal acts are continuous or continued, calculated from the date of the behavior. "At that time, the environmental protection community generally believed that as long as the environmental assessment was not approved to start construction and undergo environmental protection, it was put into production operation and operation and operation. The nature is always unchanged, and the illegal behavior has been continuous or continued.

Article 61 of the Environmental Protection Law amended on January 1, 2015, and Article 31 of the Environmental Impact Evaluation Law revised on September 1, 2016, canceled the requirements of the EIA approval procedures for the time limit. Article 29 of the Administrative Penalty Law stipulates that on February 22, 2018, the former Ministry of Environmental Protection issued the "Opinions on the Application of the Law on the Infrastructure of Unrequal Construction" of Construction Projects " ), It is clear that the construction of the unable to be approved is the construction period of the construction to the completion of the construction to the construction period. After the project is completed and put into production, the enterprise does not make up the approval procedures of the EIA, and the administrative organs shall not request the reissue. The two -year tracement period will not be punished. Old enterprises may not need to submit the environmental assessment documents to support environmental protection facilities according to the current standards of pollutants. It can meet the requirements of environmental management goals. The law is not authorized and the law can be prohibited. However, the problem is far from being resolved. Article 26 of the "Administrative Measures for Poiligating License (Trial)" implemented in January 2018 stipulates that the application materials of the pollutant discharge unit shall include the approval number of the environmental impact assessment documents of the construction project, or shall handle it in accordance with the regulations of the relevant state. Relevant certification materials that rectify and meet the requirements (for example, in 2015, the special operations of “elimination and closure of a batch, rectifying a batch of rectification specifications, and improving the filing batch” were implemented in 2015. , But do you always catch up with the "missing net" enterprise of the last bus).

Article 7 of the "Regulations on the Management of Poiligations" implemented from March 1, 2021 proposes that the application of pollution permits shall include the filing materials for the environmental impact report (table) or environmental impact registration form for the construction project. The application materials are incomplete, and the issuing authority shall not accept it. The company's unlicensed pollution is deemed to be illegal. There is a contradiction between the upper law and the lower law.

The approval procedures for the reissue of EIA are violated by the EIA system

Original intention and standard

Some people think that although the law will no longer be submitted to the time limit for the EIA approval procedures, the law is not punished, and the law does not make it clear that the environmental assessment approval procedure can be exempted. In accordance with the application conditions, it cannot be pushed by subsequent regulatory measures to exempt the application of the front conditions and procedures for the application, and the construction unit is not clearly prohibited from proceeding to make the approval procedures. The applicant's reissue is an independent behavior, which meets the acceptance conditions. The administrative organs should accept the approval and do not meet the conditions and do not approve it. The author asked, do n’t make up for a penalty, will there be enterprises who take the initiative to spend money to prepare the environmental assessment documents for approval and wait for approval? For the construction projects that have not been approved, the law clearly cancels the time -limited reissue and is not punished for overdue. Besides, what materials are submitted if you make up for it?

Environmental impact assessment refers to analyzing, predicting and evaluating the environmental impacts that may be caused after the implementation of planning and construction projects, proposed countermeasures and measures to prevent or reduce adverse environmental impacts, and carry out methods and systems for tracking monitoring. EIA documents are based on the survey results of the ecological environment and the amount of pollutants discharged pollutants to be discharged by the construction and production conditions. The degree of environmental impact of the mathematical model predicts the prevention and control measures to reduce risk and adverse effects.

The construction project is evaluated through environmental impact. The conclusion is reasonable and feasible, and the administrative organs approval and agree to the construction. Preparation of an environmental impact report for construction projects, ranging from 3 to 4 months of hundreds of thousands of yuan, the environmental impact report form is tens of thousands of yuan from January to February, and the cost is not low. After the project is completed and put into production and operation, the degree of environmental impact, protection measures, and pollution control facilities can be clearly monitored at a glance. After completion, it is required to make up the environmental assessment documents. The approval authority approves an uncertain environmental assessment paper document.

Some people have proposed that the construction unit submits the approval authority through the establishment of the tracking environmental impact assessment report, but the scope of the tracking evaluation of the environmental impact assessment law is the planned environmental assessment, the planned environmental assessment implements the non -administrative approval system. And regulations. Some people suggest that the project retrospective environmental impact assessment report is submitted, but the review of sexual environmental impact assessments does not follow the technical guidance.

Some people have proposed that after the completion of the operation and operation, the current situation of the ecological environment is investigated, and the procedures and procedures of the investigation report cannot be found in law. Others believe that through the environmental impact evaluation of the project, judging the feasibility of environmental measures to determine whether the project can be approved and maintained, but the regulations stipulate that the project will be evaluated after 3 to 5 years after the project is completed and operated. The effects of environmental protection measures are verified, and remedies and improvement plans are proposed. The post -evaluation is a filing system. Where is the previous EIA? The author believes that the value of the establishment of the formal production and operation construction project has lost the value of the approval environmental assessment documents. In order to improve the project construction environmental protection management file materials, the applicant and administrative management costs are regardless of the cost of environmental protection. The name ignores the environmental situation of the environmental situation, and the mechanical supplementary environmental protection procedures. One year after the project is completed, it should be regarded as acceptance

Consecutive state start and end period

As an old environmental management system, the completion of the environmental protection acceptance system has always been considered that as long as it has not been fulfilled, its illegal acts have been considered to be in a continuous or continued state, and are not affected by the traceability period of administrative punishment.

The author believes that this is not the case. Article 20 of the "Regulations on the Management Management of Construction Projects" implemented in November 1998 and Article 19 of the revised edition of October 2017 stipulates that the construction project of the environmental impact report and environmental impact report form, its supporting construction project, its supporting construction project The inspection and acceptance of environmental protection facilities can be put into production or use; those who have not accepted or accept the acceptance shall not be put into production or use.

The 1998 version did not violate the specific processing method of completion acceptance. Article 23 of the 2017 revised version of the supplementary violation of regulations, that is, order correction within a time limit and quantitative punishment for construction units and individuals.

On November 20, 2017, Article 12 of the former Ministry of Environmental Protection's "Interim Measures for the Completion of Environmental Protection and Acceptance of Construction Projects" stipulates that "except for water and air pollution prevention facilities that need to obtain pollution permits, the acceptance period of other environmental protection facilities is generally generally No more than 3 months; if the environmental protection facilities need to be debugged or rectified, the acceptance period can be extended appropriately, but the longest does not exceed 12 months. The acceptance period refers to The time of the unit's public acceptance report to the society. "The acceptance is the legal procedure before the formal operation, and the longest duration of the acceptance is one year. Since then, it will enter the formal production and operation period. It should not be punished. Of course, the acceptance procedures should not be required. It can force the environmental protection facilities to improve the environmental protection facilities through the current environmental quality and pollutant emission standards.

Persist in the principle of light from the old and light principles

Protect the rights and interests of the parties

It seems that everyone's unanimous opinions should be discussed in discussing how to punish the problem of "not being approved first" and "long -term dragging" projects.

The author believes that this is the principle of illegal law. To correctly understand and realize the functions of legal tools, we must both punish the administration according to law, and should also consider the problem of retroactive force and abide by the principle of light and light. Starting from the principle of light from the old and light to criminal law, it is conducive to the defendant's criteria. It emphasizes the protection of human rights from the old and light principles. It is realized through the restrictions on national public power and the application of laws that conducive to the law of actors.

From the theoretical basis of the old principle, the first is that citizens have the freedom of behavior that they have not prohibited. If citizens have not prohibited behavior of the law, the state formulates laws to declare these actions as illegal acts that should be punished. Punishment of law is unfair, non -righteous, and infringement of human rights. Restrictions to prevent abuse of state power to protect human rights.

The principle of light is based on the old principle. The starting point is to further protect human rights. A person's criminal behavior occurs before the promulgation of the new criminal law. Secondly, after the revision of the Criminal Law, which one of the new and old criminal law is more conducive to the defendant, which version of the criminal law should be applied, the so -called principle of light from the old and light. The scope of the scope of the principle of lightness is continuously expanded, including punishment for administration according to law.

It is still the rice noodle processing plant built in December 1998 in this article. Article 24 and 25 of the "Regulations on the Management Management of Construction Projects" implemented in November 1998 proposes the construction of the environmental assessment of the environmental impact assessment without approval, and proposes a period of time to make up for it. Essence Article 26, Article 27, and Article 28 stipulates that unsteractable collection and commission must be reimbursed within a time limit, and a fine of less than 100,000 yuan overdue.

Article 23 of the "Regulations on the Management of Construction Projects" revised in October 2017 stipulates that it has not been fulfilled, with fines of more than 200,000, less than 2 million, and a personal fine of 50,000 to 200,000 yuan; After approval by EIA, punishment is punished in accordance with the environmental impact assessment law. Article 31 of the Environmental Impact Evaluation Law implemented in September 2013 stipulates that if the construction of the environmental assessment is not approved, the construction will be ordered to stop the construction and make up for the time limit. The fines of the construction units are directly responsible for the construction unit and other direct responsible persons. Article 31 of the Environmental Impact Evaluation Law of the Amendment of September 2016 and the amendment to the implementation in December 2018 stipulates that if the construction of the environmental assessment is not approved to start construction without authorization, the construction project shall be ordered to stop the construction. The fines of less than five can be ordered to restore the original state; the supervisors and other direct responsible persons who are directly responsible for the construction unit shall be given administrative sanctions in accordance with the law. Article 36 of the New Administrative Penalty Law (2021) stipulates that if illegal acts have not been discovered within two years, administrative penalties will no longer be given; year. The construction project included in the environmental impact assessment management refers to the construction projects that have a larger impact on ecological environment destruction and pollution. The EIA "unprecedented construction" and "long -term dragging" illegal acts involved the health and safety of citizens and have environmental pollution and have environmental pollution. If the harmful consequences are included in the scope of penalties for more than five years. In accordance with the principle of light from the old and light, the illegal acts that were completed and put into production in December 1998 shall be implemented with reference to Article 24 and 25 of the "Regulations on the Management Management Management of Construction Projects" in November 1998. For the procedures, the fines will not be re -reimbursed for less than 100,000 yuan. Unaware of the reference to the provisions of Article 28 of the version of the version of the regulations, which stipulates a fine of less than 100,000 yuan, the amount of fine is the lowest, and its terms are more beneficial to the parties.

In view of the current re -establishment of the current legal environmental assessment, the principle of overdue non -punishment, the completion of not being completed for more than five years, as of December 2003 and the completion of more than six years, as of December 2004, the administrative department shall not request the re -environmental assessment and acceptance procedures. Essence The author believes that the environmental protection law, environmental impact assessment law, and administrative punishment method are the upper law. Requirements, no penalties and no penalties, and the issuance of pollution permits for lower positions should also be modified accordingly, which can increase the situation of exemption of environmental assessment approval documents and facilitate operational execution.

Exemption and environmental procedures are not indulgent illegal acts

The obligation of not fulfilling the approval of EIA and the completion of environmental protection acceptance has indeed reduced the preliminary costs (time and service costs) of the project construction. Do you have no need to re -punish the environmental violations of the project construction unit without punishment? actually not.

As everyone knows, if the illegal behavior of "failing to build" is discovered during the traceability period of the administrative penalty, the cost of illegal risk is huge. The law enforcement agency during the construction period will stop the project construction according to law. If it does not meet the planning and layout, the enterprise will be discharged from the standard and the regional environmental quality will not meet the standards. It will be ordered to reduce production, stop production, and stop sewage discharge.

As a result, the warning construction unit fulfills the project environmental assessment and acceptance procedures in accordance with the law. It is the lowest risk and cost, and it is possible to create a "century -old shop" with low -carbon health. Of course, the environmental protection acceptance of the environmental assessment and completion of the environmental protection of the construction project is only two links: environmental management before the project pollution sources. After completion, it will be regulated by relevant laws and pollution permits such as atmosphere, water, noise, and solid waste pollution. The degree of environmental impact of enterprises can be controlled and continuously green.

(The author is a first -level investigator, an environmental assessment engineer, senior engineer)

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