B2 environmental protection law of the People's Republic of China
Abstract: Environmental protection law of the People's Republic of China by the standing committee of the National People's Congress of the People's Republic of China no. 9 "environmental protection law of the People's Republic of China has been by the law of the People's Republic of China on the 12th session of the 8th meeting of the standing committee of the National People's Congress
Environmental Protection Law of the People's Republic of China
The Standing Committee of the National People's Congress
Order of the President of the People's Republic of China
No. 9
The Environmental Protection Law of the People's Republic of China has been revised and adopted at the 8th meeting of the Standing Committee of the 12th National People's Congress of the People's Republic of China on April 24, 2014. The revised Environmental Protection Law of the People's Republic of China is hereby promulgated and will come into force as of January 1, 2015.
Xi Jinping, President of the People's Republic of China
April 24, 2014
(Adopted at the 11th meeting of the Standing Committee of the Seventh National People's Congress on December 26, 1989 and revised at the 8th meeting of the Standing Committee of the Twelfth National People's Congress on April 24, 2014)
Orders to record
The first chapter is always
Chapter ii supervision and management
Chapter iii protection and improvement of the environment
Chapter iv prevention and control of pollution and other public hazards
The fifth chapter information disclosure and public participation
The sixth chapter legal responsibility
The seventh chapter is attached
The first chapter is always
Article 1 in order to protect and improve environment, prevent and control pollution and other public hazards, and protect the public health, promote the construction of ecological civilization, promote sustainable economic and social development, this law is enacted.
Referred to in article 2 in this environment, it is to point to influence human survival and development of all kinds of natural and artificial transformed natural factors of the overall, including atmosphere, water, ocean, land, minerals, forests, grasslands, wetlands, wildlife and natural sites, cultural relics, nature reserves, scenic areas, urban and rural, etc.
Article 3 this law shall apply to areas of the People's Republic of China and other sea areas under the jurisdiction of the People's Republic of China.
Article 4 the protection of the environment is the basic national policy in the country.
Countries is conducive to saving and recycling resources, protect and improve environment and promote the human and the nature harmonious economic and technical policies and measures to make the coordinated economic and social development and environmental protection.
Article 5 of the environmental protection stick to protection priority, prevention first, comprehensive management, public participation, the principle of damage liability.
Article 6 all units and individuals shall have the obligation to protect the environment.
The local people's governments at various levels shall be responsible for the environmental quality of their respective administrative areas.
Enterprises, institutions and other producers and operators shall prevent, reduce environmental pollution and ecological destruction, for the damage caused by the responsibility according to law.
Citizens should strengthen environmental protection consciousness, adopting low carbon, frugal lifestyle, consciously fulfill their obligation to environmental protection.
Article 7 the state shall support the environmental protection science and technology research, development and application, encourage the development of environmental protection industry, promote the informatization construction of environmental protection, improve the level of environmental protection science and technology.
Article 8 the people's governments at all levels should increase the protection and improvement of the environment, prevent and control pollution and other public hazards of financial investment, improve the efficiency in using fiscal fund.
Article 9 people's governments at various levels shall strengthen the publicity and popularization of environmental protection, encourage autonomous mass organizations at the grass-roots level, social organizations, environmental protection volunteers to carry out the conduct propaganda of knowledge of environmental protection laws and regulations and environmental protection, create a good atmosphere to protect the environment.
Education administrative departments, the schools should put environmental protection knowledge into school education, cultivate the students' environmental protection consciousness.
News media shall conduct propaganda environmental protection laws and regulations and environmental protection knowledge, illegal behavior to carry on the supervision by public opinion to the environment.
Article 10 of the environmental protection administrative department under the State Council, to exercise unified supervision over and administration of environmental protection work throughout the country. The competent department of environmental protection under the local people's governments at or above the county level, exercise unified supervision and management of the environmental protection work in their respective administrative areas.
Relevant departments and the army of the people's government above the county level environmental protection departments, in accordance with the provisions of the relevant laws on resources protection and pollution prevention, etc. Responsible for the supervision and administration of environmental protection work.
Article 11 the protection and improvement of the environment the units or individuals that have made significant achievements, by the people's government shall be rewarded.
Article 12 for environment day on 5 June every year.
Chapter II Supervision and Administration
Article 13 People's governments at or above the county level shall incorporate environmental protection into their national economic and social development plans.
The competent department of environmental protection under the State Council shall, in conjunction with the relevant departments, formulate the national environmental protection plan in accordance with the national economic and social development plan, submit it to the State Council for approval and publish it for implementation.
The competent environmental protection department of the local people's government at or above the county level, in conjunction with the relevant departments, shall, in accordance with the requirements of the national environmental protection plan, compile the environmental protection plan for its administrative region, submit it to the people's government at the same level for approval and publish it for implementation.
The contents of the environmental protection plan shall include the objectives, tasks and safeguard measures of ecological protection and pollution prevention and control, and shall be linked with the main functional area plan, the overall land use plan and the urban and rural planning.
Article 14 The relevant departments of the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall fully consider the impact on the environment and listen to the opinions of relevant parties and experts in formulating economic and technological policies.
Article 15 The competent department of environmental protection under the State Council shall formulate national environmental quality standards.
The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may formulate local environmental quality standards for items not specified in the national environmental quality standards; For projects that have been specified in the national environmental quality standards, local environmental quality standards that are stricter than the national environmental quality standards may be formulated. Local environmental quality standards shall be reported to the competent environmental protection department under the State Council for the record.
The State encourages research on environmental benchmarks.
Article 16 The competent environmental protection department under the State Council shall, in accordance with the national environmental quality standards and the national economic and technological conditions, formulate the national standards for the discharge of pollutants.
The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may establish local standards for the discharge of pollutants for items not specified in the national standards for the discharge of pollutants; For items already specified in the national pollutant discharge standards, local pollutant discharge standards that are stricter than the national pollutant discharge standards may be formulated. Local pollutant discharge standards shall be reported to the competent environmental protection department under the State Council for the record.
Article 17 The State establishes and improves the environmental monitoring system. The competent department of environmental protection under the State Council formulates monitoring norms, organizes monitoring networks with relevant departments, uniformly plans the establishment of national environmental quality monitoring stations (points), establishes monitoring data sharing mechanisms, and strengthens the management of environmental monitoring.
The setting of various environmental quality monitoring stations (points) in relevant industries and specialties shall meet the requirements of laws and regulations and monitoring specifications.
The monitoring institution shall use monitoring equipment conforming to national standards and comply with monitoring specifications. The monitoring organization and its responsible person are responsible for the authenticity and accuracy of the monitoring data.
Article 18 People's governments at or above the provincial level shall organize relevant departments or entrust professional institutions to investigate and evaluate the environmental conditions, and establish a monitoring and early warning mechanism for the carrying capacity of environmental resources.
Article 19 In the preparation of relevant development and utilization plans and the construction of projects that have an impact on the environment, an environmental impact assessment shall be conducted according to law.
Article 22 If enterprises, institutions and other producers and operators further reduce the discharge of pollutants on the basis that the discharge of pollutants meets the statutory requirements, the people's government shall encourage and support them by adopting financial, tax, price, government procurement and other policies and measures according to law.
Article 23 The people's government shall support enterprises, institutions and other producers and operators that change production, relocate or close down in accordance with relevant regulations in order to improve the environment.
Article 24 The competent environmental protection departments of the people's governments at or above the county level and their entrusted environmental supervision institutions and other departments responsible for environmental protection supervision and management have the right to conduct on-site inspections of enterprises, institutions and other producers and operators that discharge pollutants. The person under inspection shall truthfully report the situation and provide necessary information. The departments, institutions and their staff conducting on-site inspection shall keep business secrets for the inspected.
Article 25 Where enterprises, institutions and other producers and operators discharge pollutants in violation of the provisions of laws and regulations, causing or likely to cause serious pollution, the competent environmental protection departments of the people's governments at or above the county level and other departments responsible for environmental protection supervision and management may seal up and seize the facilities and equipment that cause the discharge of pollutants.
Article 26 The State implements the responsibility system for environmental protection objectives and the assessment and evaluation system. People's governments at or above the county level shall incorporate the completion of environmental protection objectives into the assessment of the departments and their responsible persons responsible for environmental protection supervision and management of the people's governments at the corresponding level and the people's governments at the lower levels and their responsible persons, as an important basis for their assessment and evaluation. The assessment results shall be made public.
Article 27 People's governments at or above the county level shall report annually to the people's congress at the corresponding level or the standing committee of the people's congress on the state of the environment and the completion of environmental protection objectives
Major environmental events shall be reported to the standing committee of the people's congress at the corresponding level in time and subject to supervision according to law.
Chapter III Protection and Improvement of the Environment
Article 28 Local people's governments at all levels shall take effective measures to improve environmental quality in accordance with environmental protection objectives and governance tasks.
The relevant local people's governments of key regions and river basins that fail to meet the national environmental quality standards shall formulate plans to meet the standards within a time limit and take measures to meet the standards on time.
Article 29 The State shall delimit ecological protection red lines in key ecological function areas, ecological environment sensitive areas and vulnerable areas and implement strict protection.
People's governments at all levels shall take measures to protect representative areas of various types of natural ecosystems, natural distribution areas of rare and endangered wild animals and plants, important water conservation areas, geological structures of great scientific and cultural value, famous karst caves and fossil distribution areas, glaciers, volcanoes, hot springs and other natural relics, as well as cultural relics, ancient trees and famous trees.
Article 30 In the development and utilization of natural resources, it is necessary to rationally develop, protect biological diversity, ensure ecological security, and formulate and implement relevant ecological protection, restoration and control plans according to law.
Measures should be taken to prevent the destruction of biological diversity in the introduction of exotic species and in the research, development and utilization of biotechnology.
Article 31 The State establishes and improves the ecological protection compensation system.
The state will increase the financial transfer payments to ecological protection areas. The relevant local people's governments shall implement the ecological protection compensation funds to ensure that they are used for ecological protection compensation.
The state guides the people's governments of the beneficiary areas and the ecological protection areas to carry out ecological protection compensation through consultation or in accordance with market rules.
Article 22 If enterprises, institutions and other producers and operators further reduce the discharge of pollutants on the basis that the discharge of pollutants meets the statutory requirements, the people's government shall encourage and support them by adopting financial, tax, price, government procurement and other policies and measures according to law.
Article 23 The people's government shall support enterprises, institutions and other producers and operators that change production, relocate or close down in accordance with relevant regulations in order to improve the environment.
Article 24 The competent environmental protection departments of the people's governments at or above the county level and their entrusted environmental supervision institutions and other departments responsible for environmental protection supervision and management have the right to conduct on-site inspections of enterprises, institutions and other producers and operators that discharge pollutants. The person under inspection shall truthfully report the situation and provide necessary information. The departments, institutions and their staff conducting on-site inspection shall keep business secrets for the inspected.
Article 25 Where enterprises, institutions and other producers and operators discharge pollutants in violation of the provisions of laws and regulations, causing or likely to cause serious pollution, the competent environmental protection departments of the people's governments at or above the county level and other departments responsible for environmental protection supervision and management may seal up and seize the facilities and equipment that cause the discharge of pollutants.
Article 26 The State implements the responsibility system for environmental protection objectives and the assessment and evaluation system. People's governments at or above the county level shall incorporate the completion of environmental protection objectives into the assessment of the departments and their responsible persons responsible for environmental protection supervision and management of the people's governments at the corresponding level and the people's governments at the lower levels and their responsible persons, as an important basis for their assessment and evaluation. The assessment results shall be made public.
Article 27 People's governments at or above the county level shall report annually to the people's congress at the corresponding level or the standing committee of the people's congress on the state of the environment and the completion of environmental protection objectives
Major environmental events shall be reported to the standing committee of the people's congress at the corresponding level in time and subject to supervision according to law.
Chapter III Protection and Improvement of the Environment
Article 28 Local people's governments at all levels shall take effective measures to improve environmental quality in accordance with environmental protection objectives and governance tasks.
The relevant local people's governments of key regions and river basins that fail to meet the national environmental quality standards shall formulate plans to meet the standards within a time limit and take measures to meet the standards on time.
Article 29 The State shall delimit ecological protection red lines in key ecological function areas, ecological environment sensitive areas and vulnerable areas and implement strict protection.
People's governments at all levels shall take measures to protect representative areas of various types of natural ecosystems, natural distribution areas of rare and endangered wild animals and plants, important water conservation areas, geological structures of great scientific and cultural value, famous karst caves and fossil distribution areas, glaciers, volcanoes, hot springs and other natural relics, as well as cultural relics, ancient trees and famous trees.
Article 30 In the development and utilization of natural resources, it is necessary to rationally develop, protect biological diversity, ensure ecological security, and formulate and implement relevant ecological protection, restoration and control plans according to law.
Measures should be taken to prevent the destruction of biological diversity in the introduction of exotic species and in the research, development and utilization of biotechnology.
Article 31 The State establishes and improves the ecological protection compensation system.
The state will increase the financial transfer payments to ecological protection areas. The relevant local people's governments shall implement the ecological protection compensation funds to ensure that they are used for ecological protection compensation.
The state guides the people's governments of the beneficiary areas and the ecological protection areas to carry out ecological protection compensation through consultation or in accordance with market rules.
Chapter IV Prevention and Control of Pollution and Other Public Hazards
Article 40 The State promotes cleaner production and resource recycling.
The relevant departments of the State Council and local people's governments at all levels shall take measures to promote the production and use of clean energy.
Enterprises should give priority to the use of clean energy, adopt processes and equipment with high resource utilization rate and low pollutant discharge, as well as comprehensive utilization technology of waste and harmless treatment technology of pollutants to reduce the generation of pollutants.
Article 41 The facilities for prevention and control of pollution in construction projects shall be designed, constructed and put into operation at the same time as the main works. The facilities for 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 42 Enterprises, institutions and other producers and operators that discharge pollutants shall take measures to prevent and control the pollution and harm to the environment caused by waste gas, waste water, waste residue, medical waste, dust, malodorous gas, radioactive substances, noise, vibration, optical radiation, electromagnetic radiation, etc. generated in production, construction or other activities.
Enterprises and institutions that discharge pollutants shall establish an environmental protection responsibility system to clarify the responsibilities of the person in charge of the unit and relevant personnel.
Key pollutant discharging units shall install and use monitoring equipment in accordance with relevant national regulations and monitoring specifications, ensure the normal operation of monitoring equipment, and keep original monitoring records.
It is strictly prohibited to discharge pollutants illegally by means of concealed pipes, seepage wells, seepage pits, perfusion, or tampering with or falsifying monitoring data, or by means of avoiding supervision and control through abnormal operation of pollution prevention facilities.
Article 43 Enterprises, institutions and other producers and operators that discharge pollutants shall pay pollutant discharge fees in accordance with the relevant provisions of the State. All pollution discharge fees shall be used exclusively for the prevention and control of environmental pollution. No unit or individual may intercept, occupy or divert them for other purposes.
If environmental protection tax is levied in accordance with the provisions of the law, no pollution discharge fee will be levied.
Article 44 The State implements a system of total emission control of key pollutants. The total emission control indicators of key pollutants shall be issued by the State Council and implemented by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government. While implementing the national and local standards for the discharge of pollutants, enterprises and institutions shall abide by the total amount control indicators for the discharge of key pollutants that are decomposed and implemented to their own units.
The competent environmental protection department of the people's government at or above the provincial level shall suspend the examination and approval of the environmental impact assessment documents of the construction project for which the total discharge of key pollutants has exceeded the national key pollutant emission control indicators or failed to meet the national environmental quality objectives.
Article 45 The State shall, in accordance with the provisions of the law, implement a system of pollution discharge permit management.
Enterprises, institutions and other producers and operators that implement the management of pollutant discharge licenses shall discharge pollutants in accordance with the requirements of the pollutant discharge licenses; No pollutant may be discharged without a pollutant discharge permit.
Article 46 The State implements an elimination system for processes, equipment and products that seriously pollute the environment. No unit or individual may produce, sell, transfer or use processes, equipment and products that seriously pollute the environment.
It is prohibited to introduce technologies, equipment, materials and products that do not conform to China's environmental protection regulations.
Article 47 People's governments at all levels and their relevant departments, enterprises and institutions shall, in accordance with the provisions of the Law of the People's Republic of China on Emergency Response, do a good job in the risk control, emergency preparedness, emergency response and recovery of environmental emergencies.
People's governments at or above the county level shall establish a public monitoring and early warning mechanism for environmental pollution and organize the formulation of early warning plans; When the environment is polluted and may affect public health and environmental safety, early warning information shall be released in time according to law and emergency measures shall be initiated.
Enterprises and institutions shall, in accordance with the relevant provisions of the State, formulate emergency plans for environmental emergencies and report them to the competent environmental protection department and relevant departments for the record. When an environmental emergency occurs or is likely to occur, enterprises and institutions shall take immediate measures to deal with it, promptly notify the units and residents that may be harmed, and report to the competent environmental protection department and relevant departments.
After the completion of the emergency response to environmental emergencies, the relevant people's government shall immediately organize the assessment of the environmental impact and losses caused by the incident, and promptly publish the assessment results to the public.
Article 48 The production, storage, transportation, sale, use and disposal of chemicals and articles containing radioactive substances shall comply with the relevant provisions of the State to prevent environmental pollution.
Article 49 People's governments at all levels and their agricultural and other relevant departments and institutions shall guide agricultural producers and operators in the scientific planting and breeding, the scientific and rational use of agricultural inputs such as pesticides and chemical fertilizers, and the scientific disposal of agricultural wastes such as agricultural films and crop stalks, so as to prevent agricultural non-point source pollution.
It is forbidden to dump solid waste and waste water that do not meet the agricultural standards and environmental protection standards into farmland. Measures shall be taken to prevent heavy metals and other toxic and harmful substances from polluting the environment when applying pesticides, chemical fertilizers and other agricultural inputs and irrigation.
The site selection, construction and management of livestock and poultry farms, breeding communities and designated slaughtering enterprises shall comply with relevant laws and regulations. Units and individuals engaged in livestock and poultry breeding and slaughtering shall take measures to scientifically dispose of livestock and poultry excrement, carcasses, sewage and other wastes to prevent environmental pollution.
The people's government at the county level is responsible for organizing the disposal of rural domestic waste.
Article 50 People's governments at all levels shall allocate funds in their financial budgets to support environmental protection work such as the protection of rural drinking water sources, the treatment of domestic sewage and other wastes, the prevention and control of livestock and poultry breeding and slaughtering pollution, the prevention and control of soil pollution, and the treatment of rural industrial and mining pollution.
Article 51 People's governments at all levels shall make overall plans for the construction of sewage treatment facilities and supporting pipe networks in urban and rural areas, environmental sanitation facilities such as the collection, transportation and disposal of solid waste, facilities and sites for the centralized treatment of hazardous waste and other public facilities for environmental protection, and ensure their normal operation.
Article 52 The State encourages the purchase of environmental pollution liability insurance.
Chapter V Information Disclosure and Public Participation
Article 53 Citizens, legal persons and other organizations shall have the right to obtain environmental information, participate in and supervise environmental protection according to law.
The competent environmental protection departments of the people's governments at all levels and other departments responsible for environmental protection supervision and management shall publicize environmental information according to law, improve the public participation procedures, and provide convenience for citizens, legal persons and other organizations to participate in and supervise environmental protection.
Article 54 The competent environmental protection department under the State Council shall uniformly publish the national environmental quality, monitoring information of key pollution sources and other major environmental information. The competent environmental protection department of the people's government at or above the provincial level shall regularly issue environmental status bulletins.
The competent environmental protection departments of the people's governments at or above the county level and other departments responsible for environmental protection supervision and management shall disclose information on environmental quality, environmental monitoring, environmental emergencies, environmental administrative licensing, administrative penalties, and the collection and use of pollutant discharge fees according to law.
The competent environmental protection department of the local people's government at or above the county level and other departments responsible for environmental protection supervision and management shall record the environmental illegal information of enterprises, institutions and other producers and operators in the social integrity archives, and promptly publish the list of violators to the public.
Article 55 Key pollutant discharging units shall truthfully disclose to the public the name, discharge mode, concentration and total amount of their main pollutants, the situation of excessive discharge, as well as the construction and operation of pollution prevention and control facilities, and accept social supervision.
Article 56 For a construction project that should prepare an environmental impact report according to law, the construction unit shall explain the situation to the potentially affected public and fully solicit opinions when preparing the report.
After receiving the environmental impact report of the construction project, the department responsible for examining and approving the environmental impact assessment documents of the construction project shall publish the full text of the report, except for matters involving state secrets and trade secrets; If it is found that the construction project has not fully solicited public opinions, the construction unit shall be instructed to solicit public opinions.
Article 57 Citizens, legal persons and other organizations shall have the right to report to the competent department of environmental protection or other departments responsible for the supervision and management of environmental protection if they find any unit or individual has polluted the environment or damaged the ecosystem.
Citizens, legal persons and other organizations have the right to report to their superior organs or supervisory organs if they find that the local people's governments at all levels, the competent environmental protection departments of the people's governments at or above the county level and other departments responsible for environmental protection supervision and administration fail to perform their duties according to law.
The organ receiving the report shall keep the relevant information of the informant confidential and protect the legitimate rights and interests of the informant.
Article 58 A social organization that meets the following conditions may bring a lawsuit in a people's court against an act that pollutes the environment, damages the ecology or damages the public interests:
（1） Register with the civil affairs department of the people's government at or above the municipal level divided into districts according to law;
（2） Engaged in environmental protection public welfare activities for more than five consecutive years without illegal records.
If a social organization that meets the provisions of the preceding paragraph brings a lawsuit to the people's court, the people's court shall accept it according to law.
A social organization that brings a lawsuit may not seek economic benefits through litigation.
Chapter VI Legal Liability
Article 59 If an enterprise, institution or other producer or operator that unlawfully discharges pollutants is fined and ordered to make corrections, but refuses to make corrections, the administrative organ that has made the decision on punishment according to law may impose a continuous penalty on a daily basis according to the original amount of punishment from the next day after the date of the order to make corrections.
The fine punishment specified in the preceding paragraph shall be implemented in accordance with the provisions of relevant laws and regulations determined by the operating costs of pollution prevention and control facilities, the direct losses caused by illegal acts or the illegal gains, etc.
Local laws and regulations may, according to the actual needs of environmental protection, increase the categories of illegal acts that are punished continuously on a daily basis as prescribed in the first paragraph.
Article 60 If enterprises, institutions and other producers and operators discharge pollutants in excess of the pollutant discharge standards or the total emission control indicators of key pollutants, the competent department of environmental protection of the people's government at or above the county level may order them to take measures such as restricting production, stopping production for rectification, etc; If the circumstances are serious, it shall be reported to the people's government with the power of approval for approval and ordered to suspend business or close down.
Article 61 If a construction unit starts construction without submitting the environmental impact assessment document of a construction project according to law or the environmental impact assessment document is not approved, the department responsible for environmental protection supervision and administration shall order it to stop construction and impose a fine, and may also order it to restore its original state.
Article 62 If a key pollutant discharging unit, in violation of the provisions of this Law, does not disclose or does not disclose environmental information truthfully, the competent environmental protection department of the local people's government at or above the county level shall order it to make public, impose a fine, and make a public announcement.
Article 63 If an enterprise, institution or other producer or operator commits one of the following acts, which does not constitute a crime, the competent environmental protection department of the people's government at or above the county level or other relevant departments shall transfer the case to the public security organ, in addition to imposing punishment in accordance with the provisions of the relevant laws and regulations, and the directly responsible person in charge and other directly responsible persons shall be detained for not less than 10 days but not more than 15 days; If the circumstances are minor, he shall be detained for not less than five days but not more than ten days:
（1） The construction project fails to carry out environmental impact assessment according to law and is ordered to stop construction and refuses to implement it;
（2） Those who, in violation of the provisions of the law, discharge pollutants without obtaining a pollutant discharge license and are ordered to stop discharging pollutants, and refuse to carry out;
（3） Illegally discharge pollutants by means of concealed pipes, seepage wells, seepage pits, perfusion, or tampering with or falsifying monitoring data, or by means of avoiding supervision such as abnormal operation of pollution prevention and control facilities;
（4） Those who produce or use pesticides that are explicitly prohibited by the State and are ordered to make corrections, but refuse to make corrections.
Article 64 Anyone who causes damage due to pollution of the environment or destruction of the ecosystem shall bear the liability for infringement in accordance with the relevant provisions of the Law of the People's Republic of China on Tort Liability.
Article 65 If an environmental impact assessment institution, an environmental monitoring institution or an institution engaged in the maintenance and operation of environmental monitoring equipment and pollution prevention and control facilities commits fraud in the relevant environmental service activities and is responsible for the environmental pollution and ecological damage caused, it shall, in addition to being punished in accordance with the provisions of relevant laws and regulations, also bear joint and several liabilities with other persons responsible for the environmental pollution and ecological damage.
Article 66 The limitation period for bringing an action for compensation for environmental damage is three years, counting from the time when the party knows or should know that it has been damaged.
Article 67 The people's governments at higher levels and their competent environmental protection departments shall strengthen supervision over the environmental protection work of the people's governments at lower levels and their relevant departments. If it is found that the relevant staff member has committed an illegal act and should be punished according to law, it shall put forward suggestions for punishment to its appointment and removal organ or supervisory organ.
If administrative penalty should be imposed according to law, but the relevant competent environmental protection department does not impose administrative penalty, the competent environmental protection department of the people's government at a higher level may directly make a decision on administrative penalty.
Article 68 If the local people's governments at all levels, the competent environmental protection departments of the people's governments at or above the county level and other departments responsible for environmental protection supervision and management commit one of the following acts, the directly responsible persons in charge and other directly responsible persons shall be given demerit recording, major demerit recording or demotion punishment; If serious consequences are caused, they shall be dismissed or dismissed, and the main responsible person shall take the blame and resign:
（1） Those who do not meet the conditions of administrative license and are granted administrative license;
（2） Covering up environmental violations;
（3） Failing to make a decision that should be ordered to suspend business or close down according to law;
（4） Failing to investigate and deal with such acts as excessive discharge of pollutants, discharge of pollutants by evading supervision, causing environmental accidents, and ecological damage caused by failure to implement ecological protection measures;
（5） In violation of the provisions of this Law, sealing up and seizing the facilities and equipment of enterprises, institutions and other producers and operators;
（6） Tampering, forging or instigating the tampering or forging of monitoring data;
（7） The environmental information should be disclosed according to law but not disclosed;
（8） Withholding, occupying or misappropriating the collected pollutant discharge fee;
（9） Other illegal acts stipulated by laws and regulations.
Article 69 Anyone who violates the provisions of this Law and constitutes a crime shall be investigated for criminal responsibility according to law.
Chapter VII Supplementary Provisions
Article 70 This Law shall enter into force as of January 1, 2015.
