Contact person: Su Rina

Tel: 0471-4632185

Department of Ecology and Environment of Inner Mongolia Autonomous Region

July 18, 2024

Ecological environment supervision and law enforcement in Inner Mongolia Autonomous Region

Positive list management system

the first chapter total then

the first In order to further strengthen the modernization of the ecological and environmental governance system, change supervision concepts, optimize law enforcement methods, strengthen the management of positive lists for ecological and environmental supervision and law enforcement, promote the normalization and institutionalization of positive lists for ecological and environmental supervision and law enforcement, and comprehensively improve law enforcement efficiency, according to the General Office of the Ministry of Ecology and Environment "Guiding Opinions on Strengthening Positive List Management for Ecological and Environmental Supervision and Law Enforcement and Promoting differentiated law enforcement supervision"(Huanban Law Enforcement [2021] No. 10), this system is formulated based on the actual situation of the autonomous region.

Article II The positive list of ecological environment supervision and law enforcement (hereinafter referred to as the "positive list") referred to in this system refers to the reduction, exemption from on-site inspections and strengthening assistance for enterprises and projects that have been screened and qualified for inclusion in ecological environment supervision and law enforcement activities. A list of positive incentive measures.

Article III Implement the positive list system, adhere to the principle of paying equal attention to guiding enterprises to consciously abide by the law and strengthening supervision and law enforcement, adhere to the principle of combining strict standardized law enforcement with precise assistance, and adhere to the principle of combining unified regulatory standards with differentiated regulatory measures.

Article IV This system applies to ecological environment supervision and law enforcement activities within the administrative area of Inner Mongolia Autonomous Region.

the second chapter list management

Article V The Autonomous Region Department of Ecology and Environment is responsible for improving the positive list management system in its administrative region, clarifying the conditions, procedures, validity periods and differentiated supervision measures for positive list enterprises (including construction projects, the same as below), adjusting and optimizing the conditions for inclusion of positive lists in a timely manner, and according to Season dispatch the work of the ecological environment department of the league city.

The ecological environment department of the league and city is responsible for the compilation of the list of enterprises in the positive list in the administrative region, the inclusion, disclosure, and adjustment of enterprises in the positive list, and the detailed implementation of relevant supervision and incentive measures based on the actual situation of the region.

Article VI The ecological and environmental department of the league and city will include qualified enterprises or projects in the positive list based on daily supervision.

Article VII Before the list of enterprises in the positive list of the league and city is released and adjusted, it should be publicized to the public through media platforms such as the website of the league and city ecological environment department, and the channels for complaints and reports should be announced, and social supervision should be actively accepted.

Article VIII The ecological environment department of the league and city should disclose to the public the following information on the positive list of enterprises:

(1) Name;

(2) Location;

(3) Unified social credit codes;

(4) Industry;

(5) Pollution discharge permit number (pollution discharge registration number);

(6) The main pollutants discharged;

(7) Validity period of the positive list;

(8) Other information that needs to be disclosed.

Article IX The positive list implements dynamic management and is divided into two forms: inclusion adjustment and removal adjustment.

Inclusion and adjustment means that the League City Ecological Environment Bureau will promptly include qualified enterprises and projects into the positive list in accordance with regulations and requirements.

Removal adjustment means that the League City Ecological Environment Bureau will promptly remove enterprises and projects that no longer meet the requirements from the positive list in accordance with regulations and requirements.

Article X Industry categories included in the positive list:

(1) Enterprises producing emergency support materials, mainly including related enterprises producing epidemic prevention materials, medical materials, and disaster relief materials;

(2) Enterprises in the people's livelihood security industry, mainly including livestock and poultry breeding above designated size, slaughtering and meat processing, agricultural and sideline food processing, food manufacturing, electricity, gas, etc., as well as small pollutant emissions and low environmental risks directly related to people's livelihood security, Enterprises with strong ability to attract employment;

(3) Enterprises in key industries with relatively little pollution and strong ability to absorb employment, mainly including enterprises in technology-intensive and labor-intensive industries such as computer, communications and other electronic equipment manufacturing, machining, and automobile maintenance;

(4) Involving national and local key engineering projects and enterprises in key fields. Key engineering projects mainly include transportation infrastructure, water conservancy, demolition and resettlement, municipal infrastructure and poverty alleviation projects; enterprises in key areas mainly include strategic emerging industries such as key new materials and new energy, modern equipment such as aerospace, power equipment manufacturing, and high-end equipment manufacturing. Manufacturing industry;

(5) Enterprises with a high level of pollution prevention and control in the same industry, standardized environmental management, and relatively advanced production equipment and technology;

(6) Enterprises whose environmental credit evaluation level was A in the previous evaluation cycle;

(7) Enterprises with performance ratings of key industries in heavily polluted weather as Level A and leading; enterprises with performance ratings of guarantee enterprises in key industries reaching Level B or above or leading indicator levels (Level A, Level B, and leading indicators are based on the "Technical Guidelines for the Formulation of Emergency Emission Reduction Measures for Key Industries in Heavily Polluted Weather" determined, and the list is posted on the official website of the Department of Ecology and Environment of Inner Mongolia Autonomous Region).

Article XI Ecological and environmental departments at all levels should encourage enterprises to carry out assessments of pollution prevention and control performance and environmental risk management capabilities, and make a good job in integrating positive lists with systems such as environmental protection credit evaluation, emission permit management, and heavily polluted weather response.

Article XII Enterprises and projects that meet the provisions of Article 10 and are included in the positive list must also meet the following conditions before they can be included in the positive list of ecological environment supervision and law enforcement:

(1) Environmental protection procedures are complete, environmental management is standardized, pollution prevention and control facilities are complete and operating normally, and pollutant emissions are stable and up to standard;

(2) Good environmental compliance, good environmental risk status, strong environmental risk management capabilities, no administrative penalties for environmental violations and no environmental emergencies occurred in the past three years;

(3) The disclosure of environmental information is truthful, timely and complete;

(4) After investigation and verification, there have been no environmental complaint complaints in the past three years or the complaint complaints are not true;

(5) Handle and apply for a replacement of the pollutant discharge permit in accordance with regulations, and discharge pollutants in accordance with the permit;

(6) Obtain permit documents for setting sewage outlets into rivers in accordance with relevant regulations and laws, and stably meet the discharge standards;

(7) Carry out standardized monitoring work in accordance with the management requirements of emission permits, and steadily meet the emission standards;

(8) Complete the performance and payment of the national carbon market in full and on time.

Article XIII Those who meet any of the following circumstances shall not be included in the positive list:

(1) Enterprises or projects involving centralized incineration of domestic waste, centralized disposal of hazardous waste (including medical waste), radiation, centralized treatment of urban and rural domestic sewage, and centralized treatment of industrial sewage in industrial clusters;

(2)Enterprises with an environmental credit evaluation level of D in the previous evaluation cycle;

(3) In the past three yearsEnterprises with serious environmental violations such as malicious smuggling, fraud, and evasion of supervision;

(4)Other enterprises that are not suitable for inclusion.

Article XIV The ecological and environmental department of the league and city should combine local industrial institutions, environmental capacity, environmental quality improvement goals, and regulatory and law enforcement capabilities, and comprehensively consider the enterprise's equipment level, emission compliance, total emission, monitoring system networking, environmental risk management capabilities, and Environmental management capabilities, environmental information disclosure, environmental credit evaluation results, rectification implementation and other factors, and organize and implement the positive list in accordance with laws and regulations, strict regulations, and fairness and impartiality. Moving out and other work.

Article XV The validity period of enterprises included in the positive list is 3 years, counting from the date of release. Before the expiration of the validity period, the ecological environment department of the league and city should promptly provide timely information on the environmental protection procedures, pollution prevention facilities, implementation of pollution discharge permits, and river sewage discharge of enterprises in the list. Provide at least one-time "physical check-type" on-site assistance for all elements of the entire process of setting up permits, ecological and environmental protection management systems, etc., and urge enterprises to improve their environmental management levels.

the third chapter Supervision and law enforcement methods

Article XVI Enterprises on the positive list should be included in the "double random and one public" pollution source supervision dynamic information database and included in the law enforcement plan. Enterprises that have been randomly selected should, in principle, conduct law enforcement inspections mainly in an off-site manner.

article XVII For enterprises included in the positive list of various environmental protection special actions and various special inspections organized by the ecological environment department at the same level, law enforcement inspections will be mainly carried out in an off-site manner.

Article XVIII The ecological environment department comprehensively uses various ecological environment management data, self-monitoring data or energy management department data to conduct big data analysis, judgment and early warning, and promptly and accurately discover violations.

article XIX If the ecological and environmental department finds clues about environmental problems that are exempt from penalties in the enterprises in the positive list or clues about problems such as abnormal or exceeding the standard of online monitoring data through off-site law enforcement, it shall use the electronic supervision platform system to promptly issue early warning signals to the enterprises. After receiving the warning, self-verification shall be carried out in a timely manner within 12 hours and feedback shall be provided on the supervision platform (or submit a written report and relevant supporting materials), and after review and confirmation by the ecological environment department of the league city, the on-site investigation procedure may not be initiated.

Article XX If an enterprise in the positive list has the following circumstances, the ecological environment department shall initiate on-site law enforcement procedures.

(1) After the ecological environment department discovers that the enterprise has illegal problems through off-site law enforcement and issues an early warning, the enterprise fails to rectify within a time limit, fails to rectify in place, or refuses to rectify;

(2) The ecological and environmental department discovers through off-site law enforcement that there are environmental problems in the enterprise that require on-site verification;

(3) Involving issues such as public reports and complaints, online public opinion and media exposure;

(4) An environmental emergency occurs;

(5) Clues of suspected problems are found during daily management;

(6) To ensure the needs of large-scale activities of the country and autonomous regions;

(7) Relevant environmental issues instructed by leaders;

(8) Other circumstances in which on-site law enforcement inspections should be initiated.

article XXI Before initiating on-site law enforcement against enterprises on the positive list, the ecological and environmental department shall perform on-site inspection approval procedures, and only carry out on-site law enforcement inspections can be carried out with the consent of the main person in charge of the law enforcement agency.

Chapter IV incentive and punishment

the twenty-second The ecological and environmental department may invite enterprises on the positive list to exchange and discuss, listen to enterprises 'demands in a timely manner, sort out the illegal risk points of enterprises in relevant industries, clarify regulatory and law enforcement requirements, strengthen legal popularization and publicity, and enhance enterprises' awareness of abiding by the law.

article XXIII The ecological and environmental department can strengthen assistance and guidance based on the actual needs of enterprises in the positive list, promptly remind and warn, guide professional institutions to provide refined environmental management services to enterprises, and help enterprises improve their environmental risk management capabilities.

article XXIV If a positive list enterprise violates the environmental law for the first time with minor harmful consequences and corrects it in a timely manner, it may not be subject to administrative penalty in accordance with the law and will not be removed from the positive list.

article XXV If an enterprise in the positive list has any of the following circumstances, the ecological environment department will remove it from the positive list, disclose it to the public, and list it as"Double random, one public"Special supervision objects and increase supervision efforts.

(1) After the ecological environment department discovers that there are illegal problems in the enterprises on the positive list through off-site law enforcement and issues an early warning, the enterprises fail to rectify within a time limit, fail to rectify in place, or refuse to rectify;

(2) Enterprises in the positive list involve repeated reports and complaints from the public, triggering online public opinion or media exposure, etc., and have been verified to be true;

(3) An environmental emergency occurs;

(4) Changes in policies in the national economic and social development and ecological and environmental protection situation need to be adjusted;

(5) Enterprises with an environmental credit evaluation level of D in the previous evaluation cycle;

(six)Positive list companies that have committed environmental violations such as malicious illegal discharge, fraud, evading supervision, and seriously exceeding the standard emissions;

(7) Other circumstances where the positive list is removed.

Chapter V attached then

twenty-sixth This system is interpreted by the Autonomous Region Department of Ecology and Environment and will be implemented as of the date of promulgation. If the country and autonomous region formulates relevant policy documents that have otherwise adjusted and stipulated, they shall apply them accordingly.