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The Ministry of Environmental Protection (MEP) of China convened a press conference recently to inform local environmental protection administrations on their responsibility to implement the revised Environmental Protection Law (EPL) and its sub regulations. The authority has promised a zero tolerance approach to illegal discharge of pollutants.
Four sub-regulations were promulgated on Dec 19th, 2014 and entered in force on Jan 1st, 2015 along with the new EPL. They include:
Environmental Protection Measures for Continuous Daily Punitive Actions (MEP Order 28)
Interim Measures for the Enforcement of Production Shutdown and Seizure (MEP Order 29)
Measures for the Restriction and Suspension of Production for Rectification Relating to Environmental Protection (MEP Order 30)
Measures for the Disclosure of Environmental Information by Enterprises and Institutions (MEP Order 31)
In addition Measures for Filing Management of Emergency Plans for Environmental Contingency of Enterprises and Public Institutions (Trial) (MEP Notice No.4 of 2015) was issued on Jan 9th, 2015 and took effect immediately. The emergency plans mentioned here refers to work plans prepared in advance in case of different accidents and natural disasters, so that proper emergency measures can be taken to prevent pollutants or other hazardous substances from entering the atmosphere, aquatic environment or the soil, or reduce the amount released as much as possible. The plans should be submitted to local environmental protection agencies for review and record keeping, without which new projects are not allowed to start production. Enterprises are encouraged to disclose information relating to emergency plans to neighboring residents, other organizations, regional environmental agencies which may be affected when environmental contingencies are enacted.
Just before the new EPL took effect, a fine amounting to 160 million RMB was issued to 6 enterprises based in Jiangsu Province. This is the biggest ever fine issued in a public interest environmental lawsuit in China and is a clear signal that the use of “public interest” in environmental litigation will be the new norm. In the past paying fines was actually cheaper than complying with environmental regulations, however under the newly beefed up legislative and regulatory framework noncompliance will become prohibitively expensive.
MEP recently published some typical cases reported through the Environmental Protection Hotline “12369” and made public the names of relevant enterprises. It should also be noted that the penalties under the new EPL not only include fines, production shutdown/suspension and property seizure, but also includes the possibility of criminal prosecution.
