if an enterprise, institution or other producer or operator discharges pollutants illegally and is fined, ordered to make corrections, and refuses to make corrections, the administrative organ that has made the punishment decision according to law may continue to impose penalties on a daily basis according to the original penalty amount from the day following the day when it is ordered to make corrections.
1. causing water pollution accidents.
1. The circumstances of the violation are general: if a general or large water pollution accident is caused, a fine of 21% of the direct loss caused by the water pollution accident shall be calculated; The directly responsible person in charge and other directly responsible personnel may be fined less than 31% of the income obtained from the unit in the previous year. Contents of combined punishment: order to take control measures within a time limit to eliminate pollution; If the administrative measures are not taken as required or the administrative capacity is not available, the competent department of environmental protection shall designate a unit with administrative capacity to take charge of it, and the expenses required shall be borne by the violator.
2. If the illegal circumstances are serious: causing major or extraordinarily serious water pollution accidents, a fine of 31% of the direct losses caused by the water pollution accidents shall be calculated; The directly responsible person in charge and other directly responsible personnel may be fined more than 31% and less than 51% of the income taken from their own units in the previous year. Content of combined punishment: reported to the people's government with approval power and ordered to close down.
2. causing air pollution accidents.
1. The circumstances of violation of the law are general: if an ordinary or large air pollution accident is caused, a fine of less than 31% of the direct loss shall be calculated, but the maximum amount shall not exceed 311,111 yuan.
2. If the violation of the law is serious: causing serious or extraordinary air pollution accidents, a fine shall be calculated according to less than 51% of the direct loss, but the maximum amount shall not exceed 511,111 yuan.
iii. causing environmental accidents caused by solid waste.
1. The violation is minor: general environmental incident (IV) and the following incidents: a fine of more than 21,111 yuan but less than 111,111 yuan.
2. The circumstances of the violation are generally: major environmental events (III): a fine of more than RMB 111,111 yuan and less than RMB 211,111 yuan; major environmental events (II): a fine of 31% of the direct loss is calculated, but the maximum amount is not more than RMB 511,111 yuan.
3. Serious violation of the law: especially serious environmental incident (i): A fine of 31% of the direct loss shall be calculated, but the maximum amount shall not exceed RMB 1 million.
IV. Responsibilities
1. Responsibility for filing a case: The environmental protection department shall, during inspection or reporting, impose a fine on enterprises and institutions that have caused environmental pollution accidents by the competent administrative department of environmental protection or other departments exercising the power of environmental supervision and management in accordance with the law according to the harmful consequences caused, and shall investigate and decide whether to file a case.
2. Responsibility for investigation: The environmental protection department shall designate a special person to be responsible for the investigation of the case filed, and those who have direct interests with the parties shall withdraw. During the investigation, the law enforcement certificates shall be produced, and the parties shall be allowed to defend themselves. Law enforcement officers shall keep relevant secrets.
3. review responsibility: the environmental protection department shall review the illegal facts, evidence, investigation and evidence collection procedures, application of the law, types and ranges of punishment, statements and arguments of the parties, and put forward handling opinions (if the main evidence is insufficient, timely investigate and supplement). Give a heavier administrative punishment to the complicated circumstances or major illegal acts, which shall be decided by the review committee of major administrative punishment cases of the office through collective discussion.
4. Informing responsibility: Before making a decision on administrative punishment, the environmental protection department should make a Notice of Environmental Administrative Punishment in Advance (Hearing) and serve it to the parties, informing them of the illegal facts and their rights to state, defend and request a hearing according to law.
5. deciding responsibility: the environmental protection department decides whether to impose administrative punishment according to the trial situation. If administrative punishment is given according to law, a written decision on administrative punishment shall be made, which shall specify the illegal facts and evidence, the basis and content of punishment, the ways and time limit for applying for administrative reconsideration or bringing an administrative lawsuit, etc.
6. Service responsibility: The written decision on administrative punishment shall be served on the parties according to law.
7. execution responsibility: supervise the parties to fulfill the effective administrative punishment decision within the decided time limit. If a party fails to apply for administrative reconsideration or bring an administrative lawsuit within the statutory time limit and fails to perform it, the environmental protection department shall apply to the people's court for compulsory execution according to law.
8. Supervision responsibility: For enterprises and institutions that cause environmental pollution accidents, the competent administrative department of environmental protection or other departments that exercise the power of environmental supervision and management in accordance with the law shall supervise and inspect them according to the harmful consequences caused.
9. Responsibilities stipulated in other laws, regulations and rules.
Legal basis:
Article 59 of the Environmental Protection Law of the People's Republic of China, enterprises, institutions and other producers and operators who illegally discharge pollutants are fined, ordered to make corrections and refuse to make corrections, and the administrative organ that has made the punishment decision according to law may impose continuous penalties on a daily basis according to the original penalty amount from the day after the date of ordering corrections.