In August 2007, it was first submitted to the Standing Committee of the National People's Congress for deliberation, and then announced to the public for comments. From September 5 to October 10, more than 1,400 comments were received through the Internet and letters. The NPC Standing Committee Law Committee and the Legal Work Committee made some important changes to the draft on this basis, further strengthening the place. The government's responsibility to protect the water environment and penalties for polluting the water environment.
Emphasize priority protection of drinking water sources
After the 17th National Congress of the Communist Party of China, China's environmental protection work further clarified the need to ensure the safety of the people's drinking water as a top priority.
Some members of the Standing Committee and localities and the masses have proposed that in order to ensure the safety of the people's drinking water, the protection of drinking water sources should be the priority target for water pollution prevention and control. At the same time, in addition to strict control of industrial pollution, agricultural non-point source pollution, we should also strictly control the pollution of urban domestic sewage to water bodies. To this end, in the third draft of the second draft of the revised draft, the provisions of "priority protection of drinking water sources" and strict control of "urban living pollution" were added.
Implement water environmental protection assessment system
Some opinions suggest that Article 4 of the revised draft General Regulations stipulates that it is not enough for local governments to incorporate water environmental protection into their national economic and social development plans and to be responsible for the quality of the water environment in their respective administrative regions. The assessment and evaluation of the local government's completion of water environmental protection objectives should also be carried out.
Therefore, a new provision has been added to the second review draft: "The state implements the water environmental protection target responsibility system and the evaluation system, and regards the completion of the water environmental protection target as the content of the assessment and evaluation of the local people's government and its responsible persons."
Establish a compensation mechanism for ecological protection of water environment
Some members of the Standing Committee and localities and the masses have proposed that in order to encourage the protection of the water environment and coordinate regional development, some economically underdeveloped areas located upstream of the water source that contribute to the protection of the water environment should be compensated for by ecological transfer.
The second review draft added a rule: "The state has established a sound compensation mechanism for water environment and ecological protection in areas of drinking water source protection areas and economically underdeveloped areas in the upper reaches of rivers, lakes and reservoirs through fiscal transfer payments. "
It is strictly forbidden to set up secret pipes and other stealing behaviors.
Some local committee members and some localities have proposed clearly prohibiting such behaviors from being strictly prohibited by some local governments and enterprises.
The second review draft added the "prohibition of private concealed pipes or other means of evading supervision to discharge water pollutants" and increased the provisions for corresponding legal liabilities.
Five times the fine of sewage discharge at the highest point of discharge
Article 72 of the revised draft stipulates that: if the discharge of pollutants to the water body exceeds the discharge standard or the total amount control index, it shall be ordered to be rectified within a time limit, and a fine of not less than 100,000 yuan but not more than 1 million yuan shall be imposed; during the period of limited treatment, production shall be restricted and emissions shall be restricted; Governance tasks, ordered to close. Many opinions have suggested that the excessive fines of sewage discharge from 100,000 yuan to 1 million yuan cannot fully reflect the principle of "excessive punishment" and it is also difficult to solve the problem of "low cost of illegality". For excessive discharge behavior, the amount of fine shall be determined according to its severity. The more serious the discharge exceeds the standard, the greater the amount of fine.
The second review draft made the following changes: First, for those who exceed the standard, they should pay a fine of not less than two times and five times the amount of sewage charges; second, during the period of limited treatment, by limiting production and limiting emissions, the environment cannot be eliminated. Those who are seriously endangered may be ordered to suspend production for rectification; if the task of rectification is not completed within the time limit, the relevant people's government shall order it to close.
Causing pollution will bear civil compensation
Many people believe that to solve the problem of "low legal cost of environmental pollution", we must not only greatly increase the amount of fines, but also further improve the civil liability system for environmental pollution damage, so that polluters should bear the responsibility for the pollution damage caused. For civil liability, the amount of compensation may be greater than the amount of the fine. This is more conducive to solving the pollution problem, and is also conducive to the effective protection of the legitimate rights and interests of victims.
The second review made some additions to this. For example, according to the relevant provisions of the Civil Procedure Law and the characteristics of water pollution damage compensation litigation, the provisions are added: "If there are a large number of parties who have suffered losses due to water pollution hazards, they may be elected by the parties to conduct litigation according to law; the competent environmental protection department and relevant society The group may legally support the parties who have suffered losses due to water pollution hazards to bring a lawsuit to the people's court. ""The state encourages legal service agencies and lawyers to provide legal aid to victims of water pollution damage litigation." "Liability for damage caused by water pollution In case of disputes over the amount of compensation, the parties may entrust the environmental monitoring agency to provide monitoring data. The environmental monitoring agency shall accept the commission and provide relevant monitoring data truthfully."