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Grassroots environmental law enforcement faces difficulties: Ministry of Environmental Protection

CNR Beijing April 30 (Reporter Du Ximeng) According to China National Radio's "News Panorama", this year is the last year for the implementation of the first phase of the State Council's ten measures for air pollution prevention and control, and environmental protection inspection storms are coming one after another. The intensive inspection of air pollution prevention and control in 28 cities in Beijing, Tianjin and Hebei, which was launched on the 7th of this month, has now lasted for three weeks. What kind of scenes did the inspection team see at the local level?

Let me give you a few examples: On the morning of April 4, the inspection team led by Zhao Yingmin, Vice Minister of the Ministry of Environmental Protection, conducted an inspection in Tianjin. At that time, an orange warning for heavy pollution weather had been issued, but as soon as the train the inspection team took entered Tianjin, they found many burning fires, some construction sites did not stop work, and the pollution in the garbage dump was shocking. In Liujia Wharf Village, Beichen District, Tianjin, hundreds of workshops for recycling waste plastics, recycling used electrical appliances, recycling waste oil barrels and oil pots, as well as small furniture, small machinery and other enterprises have gathered in the surrounding areas. The inspection team walked into this "garbage village" covering an area of about 600 mu and found that there were piles of chemical waste as high as hills on both sides of the road. Thousands of black plastic bags had thick yellow raw materials oozing out, and mosquitoes flew out of the plastic bags from time to time.

On April 16, two law enforcement officers from the 15th Inspection Team of the Ministry of Environmental Protection, together with a law enforcement officer from the Jinan Environmental Protection Bureau, came to Shandong Lvjie Environmental Protection and Energy Saving Technology Co., Ltd. for law enforcement inspection. They showed the law enforcement certificate to the company's head, Wang, but Wang said there was a problem with the certificate and refused to check. At the same time, he locked the door and did not allow the inspectors to leave, detaining the law enforcement officers for more than an hour. During this period, the inspectors communicated and stated their identities many times, but were still blocked. They were not allowed to leave until the public security organs arrived.

Environmental inspection results: more than 66% of inspected enterprises have environmental problems

The latest report from the Ministry of Environmental Protection shows that more than 66% of inspected enterprises have environmental problems. The number of "scattered, messy and polluted" enterprises is still large. Some enterprises have not installed pollution control facilities, and the problem of abnormal operation of pollution control facilities is also prominent.

As the largest environmental protection action in history, with more than 5,600 people mobilized and lasting for a year, the strengthened inspection team has repeatedly encountered obstacles in the process of law enforcement, and even encountered violent resistance in some places. How to break the dilemma of "cat and mouse" in environmental supervision and law enforcement? How to make law-abiding enterprises a normal practice?

The latest report from the Ministry of Environmental Protection shows that as of April 28, the strengthened inspection team has inspected 5,991 enterprises, 4,003 of which have environmental problems, including 1,321 "scattered, messy and polluted" enterprises, 689 enterprises that have not installed pollution control facilities or whose pollution control facilities are not operating normally, and 10 enterprises are suspected of fraud in automatic monitoring.

Director of the Environmental Monitoring Bureau of the Ministry of Environmental Protection: Enterprises that evade supervision by using crooked means must be severely punished according to law

The Ministry of Environmental Protection revealed that more than 1,000 small plate processing enterprises have gathered in some towns in the Economic Development Zone of Xingtai City, most of which have no environmental approval procedures and no environmental protection management facilities; Tangwang Town, Licheng District, Jinan City has gathered nearly 80 waste plastic processing points, and wastewater is directly discharged. Local authorities have banned them many times but they have revived.

Tian Weiyong, director of the Environmental Monitoring Bureau of the Ministry of Environmental Protection, said that some "scattered, messy and dirty" enterprises are hidden in family workshops, and they often rebound and cause serious pollution. "There are problems with the establishment of standards for "scattered, disorderly and polluting" enterprises. Some places have falsely reported the list, and when they were investigated, it was found that the enterprises had closed down a few years ago. In some places, small supermarkets and small clothing stores were listed. So the core issue now is to list the "small, scattered, disorderly and polluting" enterprises. By October, all places that are not banned from the list will be the government's responsibility. Enterprises that are not listed on the list but are later found by us to fail to meet emission standards will also be held accountable by the government."

Currently, Tianjin, Shijiazhuang and other places have stepped up efforts to clean up "scattered, disorderly and polluting" small workshops and enterprise groups. Li Hongzhong, secretary of the Tianjin Municipal Party Committee, named the waste plastic processing garbage village in Beichen District that was once inspected by the Ministry of Environmental Protection. "For example, the dirty and messy problems along the Beijing-Shanghai high-speed railway, the garbage village problem in Beichen, and the seepage pit pollution problem in Jinghai District all have very bad impacts."

It is worth noting that in just three weeks of supervision, more than ten incidents of refusing inspections by the supervision team and obstructing law enforcement occurred in Jinan, Liaocheng, Jining, Xingtai, Hebei Province, Yangquan, Shanxi, and Puyang, Henan. In particular, the illegal detention of law enforcement personnel by Lujie Environmental Protection and Energy Saving Technology Co., Ltd. in Jinan, Shandong Province and the snatching of law enforcement certificates by Shuanggong Machinery Manufacturing Co., Ltd. in Xingtai, Hebei Province have attracted great attention.

Tian Weiyong said that some companies have resorted to all means to evade supervision and must be severely punished according to law. "Including Jinan detaining the inspectors for more than an hour, Xingtai snatching the law enforcement certificate, which is an act of obstructing law enforcement; more are refusing to enforce the law, no matter how the inspection team called, they would not open the door and stopped the machine; the most serious is violent resistance to the law. These three types of legal treatment are different. Refusal to enforce the law can be fined, public security organs can administratively detain those who obstruct the knowledge of the law, and violent resistance to the law can be sentenced." According to the media's subsequent investigation, the company involved in Jinan, Shandong, once said that the reason for detaining the inspectors was related to the fact that they were wearing plain clothes, doubts about their certificates, and uncertainty about their identities. Tian Weiyong said that the current grassroots environmental protection law enforcement is still facing difficulties. "The unclear enforcement sequence in the past, to put it bluntly, is that the enforcement has a bit of a "guerrilla" feeling. Including the problem of obstruction of law enforcement, the lack of uniform clothing is an important reason. Law enforcement officers wear their own clothes to inspect enterprises, and people think you are "Tubalu".

Ministry of Environmental Protection: Will strengthen the linkage with criminal justice and increase the intensity of investigation and punishment of major environmental violations

Last September, the "Guiding Opinions on the Pilot Reform of the Vertical Management System of Monitoring, Supervision and Law Enforcement of Environmental Protection Agencies Below the Provincial Level" was officially issued. On the 28th of this month, Hebei Province, as a pilot province, stated that the provincial-level reform of the vertical management of environmental protection has been basically completed. One of the important changes is that the front-line law enforcement team has been strengthened. The Environmental Comprehensive Law Enforcement Bureau will be included in the sequence of government administrative law enforcement departments and will be given the conditions and means to implement on-site inspections, administrative penalties, and administrative enforcement.

Overall, since the official implementation of the new "Environmental Protection Law" in 2015, environmental supervision and law enforcement has always maintained a high-pressure situation. However, judging from the current situation of strengthening supervision, the environmental violations of enterprises in the Beijing-Tianjin-Hebei region, which is the core area of the blue sky defense war, are still prominent. How to break the "cat and mouse" environmental supervision dilemma? Minister of Environmental Protection Chen Jining promised to strengthen the linkage between environmental administrative law enforcement and criminal justice, and further encourage enterprises to abide by the law as a normal practice. "We will continue to carry out the annual activities of the Environmental Protection Law, increase the intensity of investigation and punishment of major environmental violations, industrial pollution sources must meet the standards within a time limit, and those who fail to meet the deadline will be shut down according to law, and all key pollution sources will be monitored online 24 hours a day."

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