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What are the common violations of wastewater law?
Aug 12, 2020

What are the common violations of wastewater law?

Protecting water ecology, preventing water pollution, and improving water environment are an important part of environmental protection work. On January 1, 2018, the new "Water Pollution Prevention and Control Law of the People's Republic of China" was officially implemented, which has higher requirements for wastewater treatment and management of wastewater treatment facilities. Next, I would like to share the "wastewater" violations that have been common in the law enforcement process in recent years.

1. Irregular operation of wastewater treatment facilities

The abnormal operation of wastewater treatment facilities, including the decommissioning of wastewater treatment facilities, the damage and deactivation of a certain link of the wastewater treatment facilities, the waste water exceeding the treatment link, the waste water treatment facilities not being dosed and maintained according to the design requirements, and the current wastewater volume exceeds the wastewater treatment facilities The average daily processing capacity and so on.

Legal link: Article 39 of the "Water Pollution Prevention and Control Law of the People's Republic of China": It is prohibited to use seepage wells, seepage pits, cracks, karst caves, privately set up hidden pipes, tamper with or forge monitoring data, or improperly operate water pollution prevention measures, etc. Prevent and control discharge of water pollutants that evade supervision; in accordance with the provisions of Article 83, paragraph 1, (3) of the "Water Pollution Prevention and Control Law of the People's Republic of China", order to correct or restrict production, stop production for rectification, and impose a penalty of more than 100,000 yuan A fine of less than one million is a fine; if the circumstances are serious, it shall be reported to the authorized people’s government for approval and ordered to suspend business or close down.

2. Excessive discharge of wastewater

Due to improper management of wastewater treatment facilities and the inability of wastewater treatment facilities to meet the status quo of the enterprise, the discharge of wastewater exceeds the standard.

Legal link: Article 10 of the "Water Pollution Prevention and Control Law of the People's Republic of China" shall not discharge water pollutants in excess of the national or local regulations, water pollutant discharge standards and key water pollutant discharge total control indicators. According to Article 83, Paragraph 1, Item (2) of the Water Pollution Prevention and Control Law of the People’s Republic of China, if wastewater is discharged in excess of the standard, it shall be ordered to correct or restrict production, stop production for rectification, and impose a penalty of over 100,000 yuan and less than one million yuan. Fine; if the circumstances are serious, it shall be reported to the approved people’s government for approval and ordered to suspend business or close down.

3. Pollutants discharged from gully

The environmental protection awareness of enterprises is relatively high, and the discharge of pollutants through gutters is very rare. However, due to management problems, ground subsidence and pressure on pipelines, pipeline blockages and rain-sewage mixing, the phenomenon of pollutants discharged from gutters occurs from time to time. .


Legal link: Article 49, Paragraph 3 of the "Regulations of Shanghai Municipality on Environmental Protection": The sewage discharged by the pollutant discharge unit shall be discharged from the sewage discharge outlet, and it is prohibited to discharge sewage through hidden pipes, seepage wells, seepage pits or rainwater discharge outlets. Export of productive sewage is prohibited. According to Article 77 Paragraph 2 of the Regulations of Shanghai Municipality on Environmental Protection, in violation of Article 49 Paragraph 3 of these Regulations, the discharge of sewage or production sewage through rainwater discharge outlets shall be handled by the municipal or district environmental department. Order to make corrections and impose a fine of 20,000 to 200,000.

Fourth, the accounting of wastewater treatment facilities is not perfect

The operation and maintenance accounts of wastewater treatment facilities include: operation time of wastewater treatment facilities, dosing records, maintenance records, etc. The accounts are traces of the company's management of environmental protection facilities, and the company should be responsible for the authenticity and integrity of the accounts.

Legal link: Article 43 Paragraph 1 of the Regulations of Shanghai Municipality on Environmental Protection: The pollutant discharge unit shall establish an environmental management ledger in accordance with the relevant regulations of the state and this city, and be responsible for the authenticity and integrity of the ledger. The storage period shall not be less than five years, unless otherwise provided by laws and regulations.

What needs special reminder is that the illegal act of "abnormal operation of pollution prevention facilities" is subject to administrative detention. For details, please refer to the "Interim Measures for the Transfer of and Applicable Administrative Detention Environmental Violations by Administrative Authorities."

The illegal discharge of pollutants by means of evading supervision through abnormal operation of pollution prevention facilities, etc., as stipulated in Article 63, Item 3 of the Environmental Protection Law, includes the following situations:

(1) Part or all of the pollutants are directly discharged without going through treatment facilities;

(2) Opening the emergency discharge valve of the pollutant treatment facility under non-emergency circumstances to directly discharge some or all of the pollutants;

(3) Direct discharge of untreated pollutants from the intermediate procedures of pollutant treatment facilities;

(4) Stop operating pollutant treatment facilities in the process of production, operation or operation;

(5) The use of pollutant treatment facilities in violation of operating procedures, causing the treatment facilities to fail to function normally;

(6) After the pollutant treatment facility fails, the pollutant discharging unit does not perform inspection and maintenance in time or does not follow the procedures, causing the treatment facility to fail to perform its treatment function;

(7) Other situations of abnormal operation of pollution prevention facilities.

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