The Ministry of Ecology and Environment has issued the “Guiding Opinions on Strengthening Law Enforcement and Supervision of Pollutant Discharge Permits.”

Release Date:

2022-04-14

　　 Recently, following deliberation and approval by the Central Commission for Comprehensively Deepening Reform, the Ministry of Ecology and Environment issued the “Guiding Opinions on Strengthening Law Enforcement and Supervision of Pollutant Discharge Permits” (hereinafter referred to as the “Guiding Opinions”).
　　The issuance of the “Guiding Opinions” is an important measure to implement the decisions and arrangements made at the Fourth and Fifth Plenary Sessions of the 19th CPC Central Committee regarding the full implementation of the pollutant discharge permit system and the establishment of a regulatory framework for stationary pollution sources centered on this system. It also represents a concrete step to further consolidate the achievements of the pollutant discharge permit reform, strengthen enforcement and oversight, and accelerate the development of an enforcement and regulatory system for stationary pollution sources that places the pollutant discharge permit system at its core—following the achievement of near‑universal coverage of such permits.
　　The “Guiding Opinions” are guided by Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, implement the arrangements for reforming the ecological civilization system, and uphold the principles of precision, science, and law-based pollution control. They set out clear directions and requirements for the enforcement and oversight of pollutant discharge permits, articulating 22 specific measures across five key areas—overall requirements, full implementation of responsibilities, stringent enforcement and supervision, optimization of enforcement approaches, and strengthening of supporting mechanisms and safeguards—so as to foster a new pattern of ecological and environmental enforcement and regulation characterized by enterprises discharging pollutants in compliance with permits, government oversight in accordance with the law, and public participation in joint supervision.
　　The “Guiding Opinions” focus on the existing problems and challenges in the enforcement and oversight of pollutant discharge permits, set forth targets for 2023 and 2025, and clarify the responsibilities of local governments, relevant departments, and discharging entities in this area. By standardizing procedures, strengthening follow-up supervision, conducting checklist‑based enforcement inspections, enhancing enforcement‑related monitoring, improving the coordinated mechanism for enforcement and regulatory oversight, imposing strict penalties for violations, and reinforcing the linkage between administrative enforcement and criminal justice, the document effectively deploys a comprehensive package of measures to strengthen the enforcement and oversight of pollutant discharge permits.
　　The “Guiding Opinions” underscore the effectiveness of enforcement and oversight under the pollutant discharge permit system. By refining the “double-random, one-public” regulatory approach, implementing a positive list for enforcement, promoting non‑site‑based supervision, standardizing the exercise of administrative discretion, instituting reward mechanisms for whistleblowing, strengthening guidance through typical cases, encouraging public participation, and intensifying legal education and publicity, the document seeks to jointly elevate the systematic, scientific, law‑based, refined, and information‑driven standards of pollutant discharge permit enforcement and regulation.
　　The Ministry of Ecology and Environment will, in coordination with relevant departments, ensure the effective implementation of the Guiding Opinions, reinforce local governments’ territorial responsibilities, strengthen policy coordination and operational alignment, and promote the comprehensive establishment of a law‑enforcement and regulatory system for stationary pollution sources centered on the pollutant discharge permit system.

Source: Ministry of Ecology and Environment Author: Ministry of Ecology and Environment

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An official from the Enforcement Bureau of the Ministry of Ecology and Environment answered questions from reporters regarding the issuance of the “Guiding Opinions on Strengthening Law Enforcement and Supervision of Pollutant Discharge Permits.”

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