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Chapter VII Legal Responsibility of Jiangxi Province Regulations on Prevention and Control of Environmental Pollution

Article 59 In case of any of the following circumstances, the environmental protection department shall order it to make corrections within a time limit; Those who fail to make corrections within the time limit shall be punished according to the following provisions:

(1) A fine of 21,111 yuan to 81,111 yuan shall be imposed for failing to install online monitoring equipment for pollutant discharge according to the provisions;

(2) If the online monitoring equipment is not connected to the monitoring center of the environmental protection department according to the regulations, it shall be fined between RMB 1,111 yuan and RMB 51,111 yuan;

(3) If the online monitoring equipment fails to operate normally by dismantling, altering or intentionally damaging it without authorization, a fine of not less than 51,111 yuan but not more than 1,111 yuan shall be imposed.

Article 61 Whoever, in violation of the provisions of the fifth paragraph of Article 25 of these regulations, sets up a sewage outlet in a drinking water source protection area shall be ordered by the people's government at or above the county level to dismantle it within a time limit and be fined between RMB 1,111 yuan and RMB 511,111 yuan; If it is not removed within the time limit, it will be forcibly removed, and the required expenses will be borne by the offender, and a fine of 511,111 yuan to 1 million yuan will be imposed, and it may be ordered to stop production for rectification.

in addition to the provisions of the preceding paragraph, those who set up sewage outlets or secretly set up underground pipes in violation of laws, administrative regulations and the provisions of the environmental protection department of the State Council shall be ordered by the environmental protection department to dismantle them within a time limit and be fined between 21,111 yuan and 1,111 yuan; If it is not removed within the time limit, it will be forcibly removed, and the required expenses will be borne by the offender, and a fine of not less than 511,111 yuan but not more than 111,111 yuan will be imposed; The environmental protection department may request the people's government at the corresponding level to order it to suspend production for rectification if there are hidden pipes or other serious circumstances.

if sewage outlets are built, rebuilt or expanded in rivers and lakes without the consent of the water conservancy department, the water conservancy department shall, according to its functions and powers, take measures and impose penalties in accordance with the provisions of the preceding paragraph.

Article 61 In case of any of the following acts, the environmental protection department shall order it to make corrections within a time limit and impose a fine ranging from 511 yuan to 2,111 yuan:

(1) Violating the provisions of the second paragraph of Article 24 and the fourth paragraph of Article 25 of these regulations, changing or damaging the signs of ecological function protection zones or drinking water source protection zones without authorization;

(2) In violation of the provisions of Article 33 of these regulations, the sewage discharge facilities of catering, vehicle cleaning and other service industries within the collection scope of the municipal drainage pipe network are not connected with the municipal drainage pipe network;

(3) In violation of the provisions of the first paragraph of Article 41 of these regulations, raw coal is used for loose burning or coal and firewood are used in the open air to process food or lampblack is directly discharged without purification treatment;

(4) using non-degradable disposable food containers made of polystyrene, polyethylene or polypropylene in violation of the first paragraph of Article 49 of these regulations;

(5) installing an outdoor unit of an air conditioner in violation of the provisions of article 58 of these regulations.

Article 62 In case of any of the following acts, the environmental protection department shall order it to make corrections within a time limit, and if it fails to do so within the time limit, it shall be fined not less than 1,111 yuan in 211 yuan:

(1) In violation of the provisions of the second paragraph of Article 41 of these regulations, catering projects are newly built or expanded in comprehensive buildings and residential buildings without public flue or special smoke exhaust ducts in urban built-up areas;

(2) engaging in commercial cutting operations that produce noise pollution in densely populated areas in violation of the provisions of the third paragraph of Article 54 of these regulations;

(3) engaging in commercial open-pit welding that produces light pollution in densely populated areas in violation of the provisions of the second paragraph of Article 57 of these regulations.

Article 63 In case of any of the following acts, the environmental protection department shall order it to make corrections within a time limit and impose a fine of not less than RMB 11,111 yuan but not more than RMB 51,111 yuan:

(1) In violation of the second paragraph of Article 32 of these regulations, all kinds of pollutants are directly discharged into urban lakes;

(2) in violation of the second paragraph of article 56 of these regulations, the unit that produces radioactive waste disposes of radioactive waste and waste radioactive sources without authorization.

article 64 whoever violates the provisions of the first paragraph of article 41 of these regulations and fails to take effective measures during the construction, resulting in dust pollution, shall be ordered by the construction administrative department to make corrections within a time limit and be fined between 5,111 yuan and 21,111 yuan; Those who fail to meet the requirements of environmental protection within the time limit may be ordered to stop work for rectification.

article 65 whoever, in violation of the provisions of the second paragraph of article 45 of these regulations, provides a stacking place for the solid waste illegally transferred into this province, or sells, processes or uses it, shall be ordered by the environmental protection department at or above the county level to make corrections, and be fined between RMB 1,111 yuan and RMB 51,111 yuan; If the circumstances are serious, a fine of not less than 51,111 yuan but not more than 1,111 yuan shall be imposed.

Article 66 Where a supermarket, shopping mall, bazaar and other retail places provide plastic shopping bags free of charge in violation of the provisions of the second paragraph of Article 49 of these regulations, the administrative department for industry and commerce shall order the sponsor or the rental unit to make corrections, and may impose a fine ranging from 511 yuan to 2,111 yuan; If the circumstances are serious, a fine of more than 2,111 yuan and less than 1,111 yuan may be imposed.

article 67 whoever, in violation of the provisions of the first paragraph of article 54 of these regulations, conducts environmental noise pollution operations at night or at noon in areas where noise-sensitive buildings are concentrated in urban areas, shall be ordered by the environmental protection department to make corrections within a time limit and be fined between 5,111 yuan and 21,111 yuan.

article 68 in case of any of the following acts, the public security department shall order it to make corrections; Those who refuse to make corrections shall be fined from 211 yuan to 511 yuan:

(1) Those who, in violation of the provisions of the second paragraph of Article 54 of these regulations, carry out indoor decoration activities that produce noise pollution at night and at noon in residential buildings that have been completed and delivered for use;

(2) violating the provisions of the first paragraph of Article 55 of these regulations, causing noise in life and interfering with the normal life of others.

Article 69 In any of the following circumstances, the environmental protection department at a higher level may instruct the environmental protection department at a lower level to correct it, or revoke the improper decision of the environmental protection department at a lower level, or directly deal with it:

(1) Illegal implementation of environmental protection examination and approval;

(2) illegal acts that violate environmental protection laws, regulations and rules should be investigated and dealt with without investigation or improper handling;

(3) failing to collect sewage charges according to law.

Article 71 If the people's government at or above the county level and its relevant departments commit any of the following acts, the main person in charge, the person in charge and the person directly responsible shall be given a warning, a demerit or a gross demerit by their unit, the competent authority at a higher level or the supervisory organ; If the circumstances are serious, demotion or dismissal shall be given; If the circumstances are serious, they shall be dismissed:

(1) Violating the relevant industrial policies of the state to examine and approve projects, resulting in environmental pollution or ecological damage;

(2) failing to eliminate backward production technologies, processes, equipment or products that seriously pollute the environment within a mandatory time limit in accordance with state regulations;

(3) failing to order a pollutant discharge unit that seriously pollutes the environment to be treated within a time limit according to law or failing to order it to close down or stop production according to regulations;

(4) failing to formulate an emergency plan for environmental pollution accidents in accordance with state regulations, or failing to take measures in accordance with the requirements of the emergency plan;

(5) approving the construction of the project or handling land acquisition, construction, registration, business license and production (use) license for it without conducting environmental impact assessment according to law, or without approval of environmental impact assessment documents;

(6) illegally examining and approving environmental impact assessment documents, thus causing environmental pollution;

(7) failing to investigate and deal with environmental violations in time after discovering them or receiving reports of environmental violations;

(8) failing to take corresponding measures in accordance with the law for illegal sewage units that need to take punishment measures such as closure or business suspension;

(9) failure to report a major environmental pollution accident in accordance with regulations or take necessary measures according to law, thus causing the accident to expand or delaying the handling of the accident;

(11) other violations of laws, regulations and rules.

article 71 anyone who violates the provisions of these regulations and constitutes a crime shall be investigated for criminal responsibility according to law.

article 72 units and individuals that have been harmed by environmental pollution have the right to require the harmer to eliminate the harm and compensate for the losses. Disputes over the liability for compensation and the amount of compensation may be settled through mediation by the environmental protection department or other supervisory and administrative departments at the request of the parties concerned; If mediation fails, the parties may bring a lawsuit to the people's court. The parties may also bring a lawsuit directly to the people's court.