On July 16 afternoon, standing committee of National People's Congress of city of new rural area holds special subject press conference, through castigatory " byelaw of air pollution prevention and cure of city of new rural area " (the following abbreviation " byelaw " ) , will apply formally at will rising on September 1, 2019, this " byelaw " it is the 4th make hypostatic way since city of new rural area has local legislative, also be laws and regulations of first prevention and cure of integrated air pollution. " byelaw " in stipulate refus does not carry out stop production to perhaps be restricted to produce measure, by zoology environment director branch is in with 20 thousand yuan of above 200 thousand yuan fine below.
New rural area publishs code of air pollution prevention and cure
Compose builds the supervisory management system of air pollution prevention and cure
" byelaw " divide an order in all 44, compose built the supervisory management system of air pollution prevention and cure. The problem of the respect such as lampblack of the coal fired that solving domain of key of influence air mass again, industry, motor vehicle, Yang Chen, agriculture, meal. " byelaw " the legal duty that made clear government and its function branch, build perfected scientific and effective government mechanism, refined the measure of air pollution prevention and cure of key domain, increased an environment to violate behavior to punish strength, the complement that developed legislation of the city that establish a division, refine, the action of innovation, reflected local distinguishing feature, promoted specific aim and maneuverability.
Supervisory management and correspondence of setting of measure of prevention and cure are punished criterion
" byelaw " responsibility of law of the 4th art of composition shares 8, supervised management and measure of prevention and cure to install correspondence to air pollution prevention and cure punish criterion, refined legal responsibility from two respects: It is the regulation of city of referenced other place, the legal responsibility; that stipulates refus of the enterprise when taking step of lash-up of heavy pollution weather does not carry out stop production to perhaps be restricted to produce measure to assume 2 it is according to going up a law and new rural area work actual, did not adopt measure preventive to expect involuntary discharge of urine is scattered to carrying car of stock of bulk, fluid wait for behavior, execute the law specificly clearly branch.
Violate compasses is highest can punish 200 thousand
" byelaw " formulary government ought to forecast information according to polluting weather to forecast again, early-warning of weather of affirmatory heavy pollution answers grade, unified release early-warning information, organize carry out what answer measure; refus not to carry out stop production to perhaps be restricted to produce measure accordingly, by zoology environment director branch is in with 20 thousand yuan of above 200 thousand yuan fine below.Job of air pollution prevention and cure of city of new rural area entered standardization
According to standing committee of National People's Congress of city of new rural area the law is versed in appoint director Shi Zhangbin introduces, " byelaw of air pollution prevention and cure of city of new rural area " make, indicate job of air pollution prevention and cure of city of move new rural area entered standardization, legal system to change course, to improve quality of environment of air of city of new rural area, defend the public it is healthy, good to hit blue sky guarded battle to offer legal weapon and adamancy to ensure. " byelaw " carry out and apply, be sure to improve the supervisory level of management of air pollution prevention and cure of city of new rural area further, job of prevention and cure of stimulative air pollution obtains better result.
" byelaw " legal responsibility
1: Thirtieth disobeys this byelaw thirteenth 5 times regulation, refus does not carry out stop production to perhaps be restricted to produce measure, by zoology environment director branch is in with 20 thousand yuan of above 200 thousand yuan fine below; Refus is not carried out stop what building site cubic metro of earth and stone works or the building demolishs construction, by housing urban and rural construction, traffic is carried, the branch such as urban government, irrigation works is in according to respective duty with 10 thousand yuan of above 100 thousand yuan fine below; Refus does not carry out motor vehicle to be in charge of those who accuse measure, by according to of management department of transportation of public security mechanism concerned regulation is given punishment.
2: Thirtieth disobeys what this byelaw sets the 25th times 6 times, by housing department of urban and rural construction is other perhaps the department that has supervisory management responsibility is instructed correct, place fine 100 thousand yuan below with 20 thousand yuan of above; Refus does not correct, instruct shutdown punish, the department that makes condemnatory decision lawfully can instruct the morrow of the day that correct to rise oneself, according to former punishment amount presses day of successive punishment.
3: Thirtieth violates this ordinance 7 times the 27th the 3rd section provision, the car of stock of the bulk such as earth of carriage coal, rubbish, broken bits, arenaceous on highway stone, cubic meter of earth, plaster, fluid did not adopt preventive of airtight other perhaps measure to expect involuntary discharge of urine is scattered, by traffic Department of Transportation the door is instructed correct, place fine 20 thousand yuan below with 2000 yuan of above; Refus does not correct, car is not gotten on transport travelling.
4: Thirtieth violates this ordinance 8 times of the 29th the 3rd section provision, give according to the following regulation punishment:
(one) open air burns of straw, instruct by agricultural country branch correct, place fine 2000 yuan below with 500 yuan of above;
(2) inside urban building area open air burns of the material that the generation soot such as deciduous leaf, branch, withered grass pollutes, instruct by urban management department correct, place fine 2000 yuan below with 500 yuan of above;
(3) outside urban building area open air burns of deciduous leaf, branch, withered grass, by city, county (city, area) the supervisory management department with people affirmatory government is instructed correct, place fine 2000 yuan below with 500 yuan of above.
5: Thirtieth disobeys this byelaw thirtieth 9 times regulation, inside urban building area, instruct by urban management department correct, with 20 thousand yuan of above to unit part 100 thousand yuan fine below, with 500 yuan of above to individual office 2000 yuan fine below; Outside urban building area, by city, county (city, area) the supervisory management department with people affirmatory government is instructed correct, with 20 thousand yuan of above to unit part 100 thousand yuan fine below, with 500 yuan of above to individual office 2000 yuan fine below.
6: The 40th disobeys this byelaw thirtieth a regulation, prohibiting food of barbecue of the open air inside area perhaps provides ground for outdoor barbecue food, by urban management department other perhaps the department that has superintendency responsibility is instructed correct, belong to management sex activity, confiscate barbecue tool and illegal earning, place fine 20 thousand yuan below with 2000 yuan of above; Belong to those who be not management sex activity, confiscate barbecue tool, place fine 2000 yuan below with 500 yuan of above.
7: The 41st disobeys this byelaw thirtieth 2 regulations, the person that the meal that arranges lampblack serves already battalion did not install lampblack to purify establishment, abnormal use lampblack to purify establishment to perhaps did not adopt other lampblack to purify measure, discharge a standard to discharge lampblack more than, inside urban building area, instruct by urban management department correct, place fine 50 thousand yuan below with 5000 yuan of above, refus does not correct, instruct close down punish; Outside urban building area, by city, county (city, area) the supervisory management department with people affirmatory government is instructed correct, place fine 50 thousand yuan below with 5000 yuan of above, refus does not correct, instruct close down punish.
In dweller house building, not the business that form a complete set creates special flue lives multi-purpose building, business lives to build inside multi-purpose building inside the commercial floor with adjacent of living layer photograph, rebuild, the meal of extend generation lampblack, peculiar smell, waste gas serves an item, instruct by urban management department correct; Refus does not correct, give shut, place fine 100 thousand yuan below with 10 thousand yuan of above.
8: Branch of director of environment of government of the 42nd various people, zoology and other have air pollution to prevent and cure the branch of supervisory management responsibility and its staff member have one of following action, by its censorial perhaps mechanism instructs ranking administrator branch correct, give disciplinary action lawfully; Those who make crime, investigate criminal duty lawfully:
(one) distort, forge or incite distort, falsify the data that monitor;
(2) be investigated not in time to informing against or divulge inform against a person of pertinent information;
(3) did not investigate air pollution to violate act lawfully;
(4) did not fulfill air pollution prevention and cure to supervise administrative responsibility lawfully;
(5) the behavior of fraud of other misuse of authority, derelict, practise favouritism.
