Strengthening the Punishment of Malicious Illegal Acts, the Ministry of Ecology and Environment Issued Important Documents

2025-07-10 16:57:32

On July 8, the Ministry of Ecology and Environment issued the Notice on Strictly Regulating the Administrative Inspection of Ecological Environment and Vigorously Improving the Quality and Effectiveness of Law Enforcement, in order to improve the standardization and accuracy of administrative inspection, ensure that the administrative inspection in the field of ecological environment is neither offside nor absent, continuously improve the quality of ecological environment and continuously optimize the business environment.

On July 8, the Ministry of Ecology and Environment issued the Notice on Strictly Regulating the Administrative Inspection of Ecological Environment and Vigorously Improving the Quality and Effectiveness of Law Enforcement, in order to improve the standardization and accuracy of administrative inspection, ensure that the administrative inspection in the field of ecological environment is neither offside nor absent, continuously improve the quality of ecological environment and continuously optimize the business environment. The full text of the

circular is as follows:

The ecological environment departments (bureaus) of all provinces, autonomous regions, and municipalities, and the ecological environment bureaus of Sinkiang Production and Construction Corps:

In order to thoroughly implement the decisions and arrangements of the CPC Central Committee and the State Council, Strictly implement the specific requirements of the Opinions of the General Office of the State Council on Strictly Regulating the Administrative Inspection of Enterprises (No.2024 issued by the State Office) and the Questions and Answers of the Opinions of the General Office of the State Council on Strictly Regulating the Administrative Inspection of Enterprises issued by the General Office of the Ministry of Justice, and strive to improve the standardization and accuracy of the administrative inspection. Ensure that the administrative inspection in the field of ecological environment is neither offside nor absent, constantly improve the quality of ecological environment, and continuously optimize the business environment. The relevant matters are hereby notified as follows.

1. Strengthen overall planning and preparation in advance, carry out routine inspection

efficiently and do a good job of overall planning of routine inspection. Routine inspection shall not exceed the upper limit of annual inspection frequency stipulated and published by provinces (autonomous regions and municipalities directly under the Central Government). The supervision and inspection carried out by business departments and the law enforcement inspection carried out by law enforcement agencies belong to administrative inspection, and annual inspection plans should be formulated separately to clarify the scope, content and standards of inspection, which should be coordinated by designated departments and implemented in detail on a monthly basis. Carry out the whole process, all elements and all links inspection with the emission permit system as the core, and implement the requirement of "comprehensive inspection once". Prepare for

daily inspection. Before inspection, the basic information of enterprises should be collected comprehensively, and the data of environmental assessment, "three simultaneous" acceptance, emission permit, hazardous waste management, mobile law enforcement and administrative penalties should be comprehensively studied and judged to predict the operation status of pollution control facilities and illegal risk points of enterprises, so as to improve the quality and effectiveness of on-site inspection. Effective supervision can be achieved through off-site means such as data verification, online verification and data analysis, and on-site inspection will no longer be carried out.

2. Strengthen monitoring, early warning and traceability, accurately carry out case inspection

, and strengthen off-site supervision and law enforcement of key pollution sources. Make full use of electricity, energy, video and other means of monitoring the working conditions of production and treatment facilities, strengthen real-time monitoring capabilities, and achieve a number of equipment start-up and shutdown, pollution control effect can be checked. Establish and improve the procedural rules and standards of off-site supervision, timely remind and help enterprises to take the initiative to rectify when the early warning conditions are met, and explore the establishment of online rectification mechanism; clarify the transformation procedure from off-site supervision to on-site inspection, and implement targeted on-site inspection when the start-up conditions of on-site inspection are met.

Strengthen the traceability of ecological environment quality monitoring. We will accelerate the establishment and improvement of the "air, space, land and sea integration" monitoring network. Encourage the deployment of low-cost environmental quality monitoring and sensing equipment in key areas with sensitive ecological environment, relatively concentrated pollution sources and high incidence of illegal problems, and strengthen forecasting and early warning. When abnormal fluctuations occur in the monitoring data of ecological environment quality, we should give full play to the advantages of distributed monitoring points, unmanned aerial vehicles, navigation vehicles, portable law enforcement detectors, water quality fingerprints and other equipment, lock in pollution factors and diffusion boundaries, accurately implement traceability inspection, and avoid full coverage and indiscriminate inspection.

Strengthen the punishment of malicious illegal acts. Make full use of satellite remote sensing, UAV patrol and other technical means to lock in the path of suspected illegal sewage discharge in advance, so as to achieve accurate investigation and punishment of illegal clues. We should pay close attention to the handling of key cases with serious illegal consequences and obvious subjective malice, and severely crack down on such acts as setting up private underground pipes or using karst caves and fissures to secretly discharge, tampering with and forging automatic monitoring data, "zero deposit and lump-sum withdrawal" of rainwater discharge, abnormal operation of pollution prevention and control facilities, failure to implement emergency control measures for heavily polluted weather, and illegal transfer and dumping of hazardous wastes. If the inspection is urgent and needs to be carried out on the spot, it can be reported in time by telephone and other means, and the examination and approval procedures can be completed after the inspection. Encourage the personnel handling major and important cases to be praised.

3. Do a good job of analysis, research, approval and filing, and carry out special inspection

in compliance with the law and necessary deployment of special inspection. In view of the prominent ecological environment problems or potential risks in the region, special inspections can be deployed according to law. For industries and enterprises with high concentration, typicality and pollution risk in the region, we should strengthen the linkage with power, water, transportation, taxation and other departments, and explore the establishment of analysis and early warning models. To sort out and analyze the contents of complaints and reports from the masses, and timely discover the repeated complaints from the masses, reflecting strong universality and trend problems.

Strictly implement the special inspection requirements. Strictly control the quantity, scope, content and time limit of special inspection, and pay attention to practical results. The inspection plan shall be drawn up in advance and filed in accordance with the regulations after approval by the government at or above the county level or by the administrative organ at the next higher level that implements vertical management, and shall be made public to the public. The implementation of the special inspection deployed by the superior does not need to be repeatedly submitted for approval and filing, and is not subject to the upper limit of the annual inspection frequency announced by the region; the implementation of the special inspection deployed at the same level is included in the annual inspection frequency.

4. Strengthen hierarchical, classified and differentiated supervision, rationally allocate law enforcement resources

and strengthen hierarchical management of inspection objects. Perfect and dynamically update the administrative inspection object database, and realize that the supervised objects should be fully accepted. Based on the classification of pollutant discharge permit management and the results of enterprise credit evaluation, the inspection objects are classified scientifically and adjusted dynamically according to the law-abiding situation of enterprises.

Strengthen the application of grading results. According to the classification results of enterprises, different proportion and frequency of spot checks should be set reasonably, and differentiated supervision should be implemented. Grading results should be organically linked with the positive list system of supervision and law enforcement, and enterprises that are included in the positive list and have off-site supervision conditions should not carry out on-site inspection in principle if there are no relevant illegal clues.

Strengthen the management of identification. According to the distribution area of inspection objects, the type of industry, the type of pollutants discharged, the scale of production, the type of monitoring, the inspection records, the illegal records, the situation of letters and visits, and other factors, a comprehensive identification is set up, and specially maintained and dynamically updated. Through the accurate "portrait" of the inspection object, it provides the basis for the comprehensive and overall planning of on-site inspection activities.

5. Strictly standardize the implementation of administrative inspection, safeguard the legitimate rights and interests

of enterprises, and standardize the procedures for starting inspection. Strengthen the management and qualification examination of the inspection subject. Routine inspection should be planned, case inspection should have clues, and special inspection should be submitted for approval. Superior departments may organize lower departments to carry out cross-enforcement within their administrative areas, and strictly prohibit the implementation of off-site inspections in violation of regulations.

Standardize the implementation of administrative inspection. To carry out administrative inspection, an inspection plan shall be formulated and submitted to the person in charge of the administrative law enforcement body for approval, and shall not be approved only by the person in charge of the internal organ. When carrying out administrative inspection, it is necessary to issue a notice of administrative inspection or an administrative inspection code, produce an administrative law enforcement certificate, and record the inspection process and results. After the inspection, the enterprise should be informed of the inspection results in time. Open channels for complaints and reports of administrative law enforcement violations involving enterprises, and establish and improve mechanisms for handling complaints and reports.

Actively promote joint inspection. If routine inspection, case inspection and special inspection can be carried out as a whole, they should be carried out together. If the ecological environment departments at different levels have inspection plans for the same inspection object, one party shall conduct independent inspection or joint inspection after timely consultation. Promote cross-sectoral joint supervision and law enforcement, focusing on the conflict of inspection standards in different fields and actively coordinate and solve them, so as to avoid enterprises being at a loss. General Office

of the Ministry of

Ecology and Environment July 8

, 2025
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Correlation

On July 8, the Ministry of Ecology and Environment issued the Notice on Strictly Regulating the Administrative Inspection of Ecological Environment and Vigorously Improving the Quality and Effectiveness of Law Enforcement, in order to improve the standardization and accuracy of administrative inspection, ensure that the administrative inspection in the field of ecological environment is neither offside nor absent, continuously improve the quality of ecological environment and continuously optimize the business environment.

2025-07-10 16:57:32

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