Construction Engineering Environmental Capital Law Review (Phase II), the fight against new coronary pneumonia, the new conversion of masks, the ecological environment of enterprises legal risk prevention.
Published:
2020-02-15
The outbreak of new coronary pneumonia in early 2020 ravaged the country, and for a while masks were in short supply. To this end, 3M, Green Shield, Steady, North Korea and the United States CM and other existing mask brand manufacturers started full capacity production; Youngor, Mercury Home Textiles and other clothing, home textiles and other industry affiliates actively adjusted their production lines to start producing masks, and even BYD, SAIC GM Wuling, Foxconn and other enterprises also began to "cross-border" production of masks. The spirit of "one side is in trouble, all sides support" deserves our praise.
In the Opinions of the Central Committee for the Comprehensive Rule of Law on the Prevention and Control of the New Coronavirus Infection Pneumonia Epidemic in accordance with the Law and the Effective Protection of the People's Lives and Health and Safety of the People and General Secretary Xi Jinping's speech, he repeatedly stressed that the prevention and control of the epidemic is at a critical period and that scientific and orderly prevention and control in accordance with the law is essential. The more the epidemic prevention and control is at its most strenuous, the more it is necessary to adhere to the prevention and control in accordance with the law, to promote the prevention and control work on the track of the rule of law, and to ensure the smooth development of epidemic prevention and control work. To this end, this article will be from the ecological environment protection related laws and regulations, in order to fight the epidemic and the new conversion of mask enterprises to prompt a number of risks and prevention recommendations.
1. newly converted mask enterprises should pay attention to environmental impact assessment procedures.
Generally speaking, according to the Environmental Protection Law, Environmental Impact Assessment Law, Construction Project Environmental Protection Management Regulations, Construction Project Environmental Impact Assessment Classification Management Directory and related regulations, the new construction, reconstruction and expansion of mask production lines should be based on the production scale, production process, possible environmental impact, environmental risks, etc. to determine the type of environmental impact assessment documents, namely the report, report or registration form, then, according to the examination and approval authority of the central government, province, city and district, the examination and approval authority of the construction project needs environmental impact assessment documents.
However, in the case of the new coronary pneumonia, the Ministry of Ecology and Environment, taking into account the situation, issued on February 6, 2020, the "Notice on the Guarantee of Emergency Services for Environmental Impact Assessment of Construction Projects during the Prevention and Control of the New Coronavirus Infection Pneumonia Epidemic" (Document No.: EIA Letter [2020] No. 56). In the notice clearly stipulates that "according to local conditions, classification of policies. During the prevention and control of the epidemic, for construction projects such as medical and health, material production, research and testing (hereinafter referred to as three types of construction projects) that are urgently needed by the national and local party committees and governments, the provincial ecological and environmental departments should, in the light of reality, timely guide the ecological and environmental departments with the power of examination and approval, and have the courage to act, handle urgent and special matters, and implement corresponding environmental impact assessment emergency service guarantee measures. Among them, for temporary three types of construction projects (including temporary construction use, temporary renovation and expansion or conversion of production, etc.), environmental impact assessment procedures can be exempted; for three types of construction projects that still need to be used after the end of the epidemic, environmental impact assessment can be implemented" notification commitment system ", or start work first and then complete the procedures."
In this regard, the author believes that if the newly converted mask production enterprises want to obtain "exemption from environmental impact assessment procedures", it is recommended to the territorial ecological environment department to declare relevant matters, such as: the local party committee government or epidemic prevention and control work leading group (headquarters) issued by the identified as urgently needed construction project documents, basic information and other materials. Typical examples are: February 6, 2020, men's clothing enterprise red bean joint stock company issued a notice, once again said that the company will obtain the "Jiangsu Province emergency medical materials protective clothing, masks emergency production and use of the record approval", the production of medical disposable protective clothing.
2. newly converted mask enterprises should pay attention to the special issues of ecological environment
If a newly converted mask manufacturer obtains an "exemption from environmental impact assessment procedures", does it mean that everything is fine and that it can be produced without any scruples? Obviously not, it should also comply with the provisions of the Water Pollution Prevention and Control Law, the Air Pollution Prevention and Control Law, the Environmental Noise Pollution Prevention and Control Law, the Solid Waste Environmental Prevention and Control Law and other relevant special laws. The main items are as follows:
In terms of water pollution prevention and control: Generally speaking, mask manufacturers will not produce production wastewater during the production process, but they will produce domestic sewage. Then according to the Water Pollution Prevention and Control Law and related regulations, they need to be treated to meet the standards before they can be discharged into the municipal Sewage pipe network.
Air pollution prevention and control: Generally speaking, mask manufacturers will have unorganized emissions during the production process, so pay attention to meeting the requirements of "Ambient Air Quality Standards" (GB 3095-2012). VOCs (volatile organic compounds) may be generated during ultrasonic welding, so attention should be paid to meeting the requirements of the Emission Control Standard for Volatile Organic Compounds in Industrial Enterprises (DB12/ 524-2014).
In terms of noise pollution prevention and control, noise will inevitably be generated during mask production. It is necessary to optimize the layout of the workshop, pay attention to the sound insulation and distance reduction of the workshop, and pay attention to meeting the requirements of the Environmental Noise Emission Standard for Industrial Enterprises (GB 12348-2008).
Solid waste disposal: the solid waste generally produced by mask production includes waste leftoffs, substandard products and household garbage of workers, which should be disposed of in accordance with the relevant provisions of the Law on the Prevention and Control of Environmental Pollution by Solid Waste. Special attention and reminders are: printing trademarks on the outer layer of the mask, implementing standards, etc. If waste ink buckets are generated, they may be identified as toxic hazardous waste according to the National Hazardous Waste List, and they should be in accordance with the relevant regulations of hazardous waste. Set up a special storage place and hand it over to a qualified unit for disposal. Otherwise, according to Article 75 of the Law on the Prevention and Control of Environmental Pollution by Solid Waste, a fine of up to 200,000 yuan may be imposed. According to the Supreme People's Court and the Supreme People's Procuratorate's "Interpretation on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Environmental Pollution" (Fa Shi [2016] No. 29), it is stipulated that "illegal discharge, dumping, or disposal of more than three tons of hazardous waste" constitutes the criminal law. Article 338 Environmental pollution crime is punishable by up to 7 years in prison. Those who cause damage to the ecological environment will also face huge compensation for damage to the ecological environment.
Attention should be paid to the ecological environment protection in special areas when selecting the production site of new mask production enterprises in 3..
If the newly converted mask manufacturer increases the production line in the original factory area, the site setting problem should not be prominent. However, if it is a new site, from the perspective of ecological environment, it is necessary to pay attention to whether the new site involves special areas and ecological red lines. A brief list is as follows:
According to Articles 65 and 66 of the Water Pollution Prevention and Control Law and Articles 11 and 12 of the Regulations on the Administration of Pollution Prevention and Control in Drinking Water Source Protection Zones and related regulations, in the first-level protection zone of drinking water sources, it is prohibited to build or expand construction projects that are not related to water supply facilities and water source protection; in the second-level protection zone, new construction, reconstruction, or expansion of construction projects that discharge pollutants are prohibited. Violation of the aforementioned provisions shall be subject to a fine of up to 500,000 yuan in accordance with Article 91 of the Water Pollution Prevention and Control Law, and shall be ordered to dismantle or close.
According to the provisions of Articles 27 to 29 and Article 32 of the Regulations on Nature Reserves, no production facilities shall be built in the core area and buffer zone of the nature reserve. In the experimental areas of nature reserves, no production facilities that pollute the environment, damage resources or landscape shall be built. Otherwise, according to the notice of the Ministry of Environmental Protection and other ten ministries and commissions on further strengthening the supervision and management of activities involving the development and construction of nature reserves (Huanfa [2015] No. 57), "the illegal development of water (wind) power development, real estate, tourism development and other activities in the core area and buffer zone shall be shut down or closed immediately, dismantled within a time limit, and ecological restoration shall be implemented. For projects in the experimental area that are not approved for construction or inconsistent with the approval, they shall be ordered to stop construction or use and restore to their original state."
In addition, there are national forest parks, floodplains, flood storage and detention areas and other special areas, which are limited in space and will not be listed one by one. The site selection of the production site of the newly converted mask enterprise must abide by the law and do not touch the legal prohibition and ecological red line.
It is hoped that the majority of newly converted mask manufacturers will not only strive to expand the scale of production in this special period, but also do a good job in ecological and environmental protection in accordance with the law to avoid corresponding legal risks and other losses.
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