Article 19. . . . . Environmental impact assessment shall be conducted in accordance with the law for the construction of projects that have an impact on the environment.
Development and utilization planning without environmental impact assessment according to law shall not be organized and implemented; Construction projects without environmental impact assessment according to law shall not be started.
Forty-first facilities for pollution prevention and control in construction projects must be designed, constructed and put into use at the same time as the main project. Facilities for the prevention and control of pollution shall meet the requirements of the approved environmental impact assessment documents, and shall not be dismantled or left idle without authorization.
Article 61 If a construction unit fails to submit the environmental impact assessment document of a construction project according to law or starts construction without approval, the department responsible for environmental protection supervision and management shall order it to stop construction, impose a fine and may order it to be restored to its original state. "In fact, the idea that' unapproved construction' can go through the EIA approval procedures within a time limit has been cancelled.
Article 63 If an enterprise, institution or other producer or operator commits one of the following acts, which does not constitute a crime, it shall be punished in accordance with the provisions of relevant laws and regulations, transferred to the public security organ by the competent department of environmental protection of the people's government at or above the county level or other relevant departments, and the directly responsible person in charge and other directly responsible personnel shall be detained for more than 10 days and less than 15 days; If the circumstances are relatively minor, they shall be detained for not less than five days but not more than ten days: (1) The construction project fails to conduct environmental impact assessment according to law and is ordered to stop construction and refuses to implement it; ……"
Article 68 stipulates that "if local people's governments at all levels, people's governments at or above the county level, competent departments of environmental protection and other departments responsible for environmental protection supervision and management commit one of the following acts, the directly responsible person in charge and other directly responsible personnel shall be given demerit, gross demerit or demotion; If it causes serious consequences, it shall be dismissed or dismissed, and the main person in charge shall take the blame and resign: (1) Administrative license is granted if it does not meet the requirements of administrative license; ………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………
Recently, according to Article 59, "If an enterprise, institution or other producer or operator is fined for illegally discharging pollutants, and is 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 amount of punishment from the day after the day when it is ordered to make corrections", and four supporting documents, such as the Interim Measures for Continuous Punishment of Environmental Protection, have been formulated, which are currently being publicly solicited for comments. In this method, two situations, such as "building without approval, putting into production or using and discharging pollutants", "failing to complete environmental protection acceptance or unqualified acceptance, and putting the main project into production or using and discharging pollutants without authorization", are included in eight situations where continuous daily penalty can be implemented.
2. According to the Environmental Impact Assessment Law of the People's Republic of China:
Article 3 The planning and construction of projects that have an impact on the environment within the scope stipulated in Article 9 of this Law in People's Republic of China (PRC) and other sea areas under the jurisdiction of People's Republic of China (PRC) shall be subject to environmental impact assessment in accordance with this Law.
Article 31 If a construction unit fails to submit the environmental impact assessment documents of a construction project according to law, or fails to re-submit or re-examine the environmental impact assessment documents in accordance with the provisions of Article 24 of this Law, and starts construction without authorization, the competent administrative department of environmental protection that has the power to approve the environmental impact assessment documents of the project shall order it to stop construction and complete the formalities within a time limit; If the formalities are not completed within the time limit, a fine of not less than 50,000 yuan but not more than 200,000 yuan may be imposed, and the directly responsible person in charge and other directly responsible personnel of the construction unit shall be given administrative sanctions according to law.
If the construction unit starts construction without the approval of the original examination and approval department or re-examination and approval, the competent administrative department of environmental protection with the right to examine and approve the environmental impact assessment document of the project shall order it to stop construction and may impose a fine of not less than 50,000 yuan but not more than 200,000 yuan. The person in charge directly responsible for the construction unit and other directly responsible personnel shall be given administrative sanctions according to law.
If the construction unit of a marine engineering construction project commits the illegal acts listed in the preceding two paragraphs, it shall be punished in accordance with the provisions of the Marine Environmental Protection Law of the People's Republic of China.
How to put on record the environmental impact assessment registration form of the construction unit? the first
In order to standardize the environmental impact registration form of construction projects, according to the environmental impact assessment method
And Regulations on Environmental Protection Management of Construction Projects.
second
These Measures shall be applicable in accordance with the
Classified management catalogue of environmental impact assessment of construction projects
The terms should
When filling in the Registration Form for Environmental Impact of Construction Projects.
essay
Fill in the environmental impact registration form of the construction project,
The construction unit shall, in accordance with the provisions of these measures,
Go through the formalities for filing the environmental impact registration form.
Article 4
Construction projects that fill in the environmental impact registration form shall comply with laws, regulations, policies and standards.
Wait for the request.
The authenticity of the contents of the construction project environmental impact registration form provided by the construction unit,
Accuracy and completeness
Sexually responsible.
Article 5
The competent department of environmental protection at the county level shall be responsible for the environmental impact assessment of construction projects within their respective administrative areas.
Record table filing management.
According to the relevant regulations of the state,
County-level environmental protection departments were adjusted to municipal environmental protection departments.
If a branch is dispatched, the municipal environmental protection department shall organize its subordinate branches to implement record management.
Article 6
Where the construction site of a construction project involves multiple county-level administrative regions, the construction unit shall divide it into
Do not file with the county-level environmental protection department where each construction site is located.
Article 7
Online filing of environmental impact registration form of construction project.
There is no need for the sand and gravel plant to start construction before going through the environmental impact assessment procedures. According to the Catalogue for Classified Management of Environmental Impact Assessment of Construction Projects (version 20 15): "Six benchmark furnaces and above involved in environmentally sensitive areas", a report form should be prepared, and the rest should be filled in the registration form. Because the management measures on the control of cooking fume pollution in catering industry are different from place to place, the owners should consult the local environmental protection department.
What legal liability does the construction unit bear? If the construction unit fails to carry out the construction according to the contract and laws and regulations, and the construction unit breaches the contract, the observant party may require the construction unit to bear the liability for breach of contract according to law.
Relevant laws and regulations: People's Republic of China (PRC) Labor Contract Law.
Article 107 If a party fails to perform its contractual obligations or fails to perform the contractual obligations in conformity with the contract, it shall be liable for breach of contract such as continuing to perform, taking remedial measures or compensating for losses.
Article 108 If a party expressly expresses or shows by his own behavior that he will not perform his contractual obligations, the other party may require him to bear the liability for breach of contract before the expiration of the performance period.
If you don't do this, what kind of legal responsibility will the loan bear? Pay liquidated damages according to the liability for breach of contract! 1
What kind of legal responsibility will you bear for breach of contract under the new real estate policy? Please specify what kind of breach is.
What legal responsibility should the construction unit bear for failing to provide a safe working environment for the construction project? Article 8 of the Regulations on the Administration of Work Safety stipulates that the construction unit shall be ordered to make corrections within a time limit if it fails to provide the expenses required for the safe working environment and safe construction measures of the construction project; Overdue correction, shall be ordered to stop the construction project.
The units that organize the preparation of the environmental impact report are a) the construction unit (b) the construction unit (c) the environmental impact assessment agency (d) the design unit, or the construction unit entrusts other consulting units (qualified, including design units) to prepare the report.
What kind of environmental impact assessment documents need to be publicized is, in principle, a project with great impact on the environment. Generally, you have to report it, depending on the situation.
(1) For construction projects that may have a significant impact on the environment, an environmental impact report shall be prepared;
(two) after the approval of the environmental impact report, the nature, scale, location, production technology or measures to prevent pollution and ecological damage have undergone major changes, and the construction unit shall resubmit the environmental impact report for the construction project;
(three) if the environmental impact report has not been decided to start construction for more than five years from the date of approval, the environmental impact report shall be submitted to the original examination and approval authority for re-examination.
Whether the first online publicity of environmental impact assessment is issued by the construction unit or the evaluation unit is one of the ways for public participation in planning, special planning and environmental impact assessment of construction projects.
The Environmental Impact Assessment Law clearly stipulates public participation.
Public participation in environmental impact assessment of planning and special planning shall be organized and implemented by planning and special planning.
The public participation in the environmental impact assessment of construction projects shall be the responsibility of the construction unit.
Based on this, the EIA is publicized on the internet, that is, it is implemented by the responsible unit.
20 16.08. 18