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The Notice of Guangzhou Municipal Ecological Environment Bureau on the Implementation of the Measures for Rewarding Reporting Environmental Violations in Guangzhou


Sui Huan Gui Zi [2020] NO.5


To relevant units:

  In order to continue to encourage the public to actively report environmental violations, the Bureau has amendedthe Measures for Rewarding Reporting Environmental Violations in Guangzhou in accordance with the requirements of Provisions of Guangzhou Municipality on the Administration of Administrative Normative Documents in light of the actual work conditions, which is now printed and implemented.


  Guangzhou Municipal Ecological Environment Bureau

  March 11, 2020


The Measures for Rewarding Reporting Environmental Violations in Guangzhou

  1.In order to encourage the public to actively participate in environmental protection and crack down on environmental violations in accordance with the law, these Measures are formulated in accordance with the Environmental Protection Law of the People's Republic of China, the Law of the People's Republic of China on The Prevention and Control of Air Pollution, the Regulations of Guangdong Province on Environmental Protection and other laws and regulations and in light of the actual conditions of this Municipality.

  2.The Guangzhou Municipal Ecological Environment Bureau (hereinafter referred to as the "Municipal Ecological Environment Bureau") shall be responsible for accepting reports on environmental violations and rewarding the public (hereinafter referred to as "informants") who comply with the provisions of these Measures.

  3.The environmental violations to be rewarded and reported refer to:

  3.1.Illegally discharging, dumping or disposing of hazardous wastes, pollutants containing heavy metals or persistent organic pollutants or other toxic substances;

  3.2.Discharge of industrial waste water, waste gas or waste liquid by means of concealed pipes, seepage Wells, pits, cracks, karst caves, perfusion, or unauthorized shutdown, dismantling or idling of pollution prevention and control facilities (including on-line monitoring and control facilities);

  3.3.Tampering with or forging environmental monitoring data;

  3.4.Discharge, dump or treat industrial waste water, liquid waste or solid waste in violation of laws and regulations in the protection areas for drinking water sources or the core areas for nature reserves;

  3.5.Discharge or dump industrial sludge such as chemical, pharmaceutical, petrochemical, printing and dyeing, electroplating, papermaking and leather making in violation of laws and regulations;

  3.6.Illegally constructing projects of chemical industry, electroplating and printing and dyeing which seriously pollute the environment without the approval of EIA;

  3.7.In violation of the relevant regulations of the municipal government on the treatment of highly polluting fuels, failing to phase out boilers burning coal, heavy oil, wood and other highly polluting fuels as required;

  3.8.Falsification of automatic monitoring data;

  3.9.Key pollutant-discharging units fail to truthfully disclose environmental information according to law.

  4.The informant should report objectively and truthfully with his/her real name through letters, visits or the Internet, and should provide the detailed address, illegal facts, pollution consequences and other circumstances and relevant evidence of the informant.

  Address of the Municipal Ecological Environment Bureau: 311 Huanshi Zhong Lu, Yuexiu District, Zip code: 510091; Official website: http://www.gzepb.gov.cn.

  5.No reward shall be given under any of the following circumstances:

  5.1.Staff members of the ecological environment system and their close relatives, staff members of the media or other administrative departments responsible for the supervision of the ecological environment, and the above-mentioned personnel instruct others to report;

  5.2.The environmental illegal act has been known to the ecological and environmental department before the report and the report information has no direct causal relationship with the case investigation;

  5.3.Only reflect the phenomenon of environmental pollution without specifying specific illegal acts or reporting false facts;

  5.4.Other circumstances under which rewards are not granted according to law.

  6.The Municipal Ecological Environment Bureau shall, within 15 days after receiving the report, inform the informant of the acceptance of the report.

  Where the accepted reports have been verified and verified by the ecological and environmental departments, and administrative compulsory measures such as sealing up and detenting have been taken according to law, and administrative penalties such as fines, orders to stop production or use have been made, or the reports have been transferred to the public security organs for investigation, they shall be rewarded according to the reward standards prescribed in these Measures.

  7.The Municipal Ecological Environment Bureau shall reward the informant according to the following standards, and the total amount of the reward shall be limited to 30,000 yuan:

  If the reported matter falls within the provisions of Article 3 of these Measures, 10% of the amount of the fine shall be awarded; A reward of 30,000 yuan for transferring a crime of environmental pollution to a public security organ and filing a case for investigation.

  If an administrative fine is not imposed on the matter but an administrative decision is made to seal up and detain or order the production or use to be stopped, a reward of 10,000 yuan shall be given; If other administrative decisions have been made, an award of 500 yuan shall be given.

  8.Rewards for tip-offs follow the principle of one reward for each case. If more than one person reports the same illegal act separately and the clues are the same, the person who reported it first shall be rewarded; Joint reports shall be rewarded according to the case and the bonuses shall be equally distributed.

  If two or more administrative decisions have been made on the same environmental violation reported, the individual item shall be rewarded with the highest amount; Those who report multiple environmental violations by the same subject may be rewarded separately, but the total amount shall not exceed 30,000 yuan.

  9.Within 20 days from the date of making the decision on administrative penalty or administrative treatment, the Municipal Ecological Environment Bureau shall inform the informant who meets the conditions for award.

  The informant who meets the conditions for the award shall, within 20 days from the date of receiving the notice, submit to the Municipal Ecological Environment BureauGuangzhou Municipal Application Form for Rewards for Reporting Environmental Violations and a copy of his/her ID card; Failure to submit within the time limit without justified reasons shall be deemed to be an automatic waiver of the award.

  10.The Municipal Ecological Environment Bureau shall, within 20 days from the date of receiving the relevant materials of the informant's application for reward, decide whether to reward the informant and inform the informant.

  11.The Municipal Ecological Environment Bureau shall, within 20 days from the date of receiving the relevant materials of the informant's application for reward, decide whether to reward the informant and inform the informant.

  In case of entrustment, the agent shall present the original and photocopy of valid certificates such as the letter of authorization, the id card of the informant, the bank account and the id card of the agent.

  Those who fail to go through the bonus formalities within the time limit shall be deemed to have given up the reward automatically.

  12.The reported reward funds shall be incorporated into the budget of the Municipal Ecological Environment Bureau, and shall be arranged and used according to the provisions of budget management.

  13.If the informant disagrees with the acceptance, investigation and reward of the case, the Municipal Ecological Environment Bureau shall do a good job in explaining the case. If he still disagrees with the explanation, the informer may file a complaint with the supervisory department according to the circumstances, or file an administrative reconsideration or an administrative lawsuit according to law.

  14.The Municipal Ecological Environment Bureau shall keep confidential the information of the informant. If the informant reports maliciously and seriously interferes with official duties, the relevant departments shall investigate the informant for legal responsibility according to law.

  15.The ecological and environmental departments of each district may refer to the provisions of these Measures for implementation.

  These Measures shall take effect as of the date of publication and shall be valid for three years.The Notice of the Guangzhou Municipal Environmental Protection Bureau on printing and Implementing the Measures for Rewarding Reports of Environmental Violations in Guangzhou (Sui Huan Gui Zi [2017] NO.3) shall be repealed simultaneously.

  Attachment:

  1. Application Form for Rewards for Reporting Environmental Violations in Guangzhou

  2.Explanation of the Main Provisions of the Measures for Reporting Environmental violations with Rewards in Guangzhou by Guangzhou Municipal Ecological Environment Bureau


  Attachment1

Application Form for Rewards for Reporting Environmental Violations in Guangzhou

Name of applicant


Contact phone number

(Please fill in the local mobile phone in Guangzhou)


Applicant's ID number


Detailed contact address


Bank account number


Name of bank


Acceptance number of report case


The name of the reported enterprise


Reasons for reporting


Whether they are eco-system staff members and their close relatives, news media or other administrative department staff with ecological and environmental supervision responsibilities, and the above-mentioned staff at their suggestion

Yes¨      No¨

(Note: Please tick the appropriate box according to the actual situation.)

Remark:


Applicant's signature:       Application time: Year Month Day


  Attachment2

Explanation of the Main Provisions of the Measures for Reporting Environmental Violations with Rewards in Guangzhou by Guangzhou Municipal Ecological Environment Bureau

  2.The Guangzhou Municipal Ecological Environment Bureau (hereinafter referred to as the "Municipal Ecological Environment Bureau") shall be responsible for accepting reports on environmental violations and rewarding the public (hereinafter referred to as "informants") who comply with the provisions of these Measures.

  Explanation: The scope of application of these Measures refers to the cases in which the informant directly reports environmental illegal acts to the Municipal Ecological Environment Bureau; Cases reported to other units (departments) (including superior departments) and submitted to the Municipal Ecological Environment Bureau for handling shall not be included in the scope of application.

  The "public" referred to in this section means citizens, legal persons or other organizations. However, the eco-environmental system workers and their close relatives, the news media or other administrative departments with ecological environmental supervision responsibilities and their informants shall not be rewarded.

  3.The environmental violations to be rewarded and reported refer to:

  3.1.Illegally discharging, dumping or disposing of hazardous wastes, pollutants containing heavy metals or persistent organic pollutants or other toxic substances;

  3.2.Discharge of industrial waste water, waste gas or waste liquid by means of concealed pipes, seepage wells, pits, cracks, karst caves, perfusion, or unauthorized shutdown, dismantling or idling of pollution prevention and control facilities (including on-line monitoring and control facilities);

  3.3.Tampering with or forging environmental monitoring data;

  3.4.Discharge, dump or treat industrial waste water, liquid waste or solid waste in violation of laws and regulations in the protection areas for drinking water sources or the core areas for nature reserves;

  3.5.Discharge or dump industrial sludge such as chemical, pharmaceutical, petrochemical, printing and dyeing, electroplating, papermaking and leather making in violation of laws and regulations;

  3.6.Illegally constructing projects of chemical industry, electroplating and printing and dyeing which seriously pollute the environment without the approval of EIA;

  3.7.In violation of the relevant regulations of the municipal government on the treatment of highly polluting fuels, failing to phase out boilers burning coal, heavy oil, wood and other highly polluting fuels as required;

  3.8.Falsification of automatic monitoring data;

  3.9.Key pollutant-discharging units fail to truthfully disclose environmental information according to law.

  Explanation: The article lists nine types of reporting matters that are included in the scope of the award, that is, matters other than these nine situations are not included in the scope of the award.

  4.The informant should report objectively and truthfully with his/her real name through letters, visits or the Internet, and should provide the detailed address, illegal facts, pollution consequences and other circumstances and relevant evidence of the informant.

  Address the Municipal Ecological Environment Bureau: 311 Huanshi Zhong Lu, Yuexiu District, Zip code: 510091; Official website: http://www.gzepb.gov.cn.

  Explanation: The article stipulates three ways of reporting with rewards: letter, visit and network (the official website of the Municipal Ecological Environment Bureau). The informant must provide the following five pieces of information completely at the same time:

  4.1.The subject suspected of environmental violations is the object to be reported. The informant shall provide the specific name and detailed address of the object of report;

  4.2.The occurrence time, specific location and content of environmental illegal acts, namely the specific way, occurrence time and main content of the illegal acts. The reported illegal acts shall be specific and clear, and shall not merely reflect the phenomenon of environmental pollution;

  4.3.Relevant evidence or clue materials for reporting environmental violations, including but not limited to photos, videos and other evidence or clue materials, which shall be valuable for investigating and dealing with environmental violations;

  4.4.The real name and valid contact information. In principle, you are required to provide your mobile phone number (Guangzhou local is recommended). In special cases, you can also provide a fixed telephone or email address for timely contact. However, if the operator fails to respond to the informant when contacting the informant, which results in the informant accepting the case or the law enforcement investigation and handling being unable to proceed normally, the informant shall not be regarded as the effective contact information.

  4.5.Whether to ask for a reward.

  6.The Municipal Ecological Environment Bureau shall, within 15 days after receiving the report, inform the informant of the acceptance of the report.

  Where the accepted reports have been verified and verified by the ecological and environmental departments, and administrative compulsory measures such as sealing up and detenting have been taken according to law, and administrative penalties such as fines, orders to stop production or use have been made, or the reports have been transferred to the public security organs for investigation, they shall be rewarded according to the reward standards prescribed in these Measures.

  Explanation: The first paragraph of this article stipulates that the Municipal Ecological Environment Bureau shall inform the informant whether it has accepted the report or not within 15 days from the date of receiving the report with rewards. The time starting point shall be calculated from the date when the informant provides complete information (that is, complies with the provisions of Article 4 of these Measures). For example: Mr. Zhang, on February 1, 2016, reported that Company A often secretly discharges industrial wastewater after 10 o 'clock at night through hidden pipes, but he did not provide the specific location and relevant evidence of environmental violations. On February 10, Zhang reported again, providing the specific location of environmental violations and relevant evidence materials and demanding rewards. So, the time for Mr. Zhang to report with rewards is February 10, and the time for notification of acceptance should be before February 24.

  Acceptance does not mean that the award requirements have been met. Only after the accepted reports have been verified and met the relevant provisions of these Measures can the award be granted. If it is found in the process of undertaking a report case that has passed examination and examination that it does not conform to the substantive contents stipulated in the acceptance requirements, the qualification for reward for reporting shall be revoked.

  7.The Municipal Ecological Environment Bureau shall reward the informant according to the following standards, and the total amount of the reward shall be limited to 30,000 yuan:

  If the reported matter falls within the provisions of Article 3 of these Measures, 10% of the amount of the fine shall be awarded; Those suspected of environmental pollution crimes are transferred to the public security organs and are put on record for investigation will be rewarded with 30,000 yuan.

  If an administrative fine is not imposed on the matter but an administrative decision is made to seal up and detain or order the production or use to be stopped, a reward of 10,000 yuan shall be given; If other administrative decisions have been made, an award of 500 yuan shall be given.

  Explanation: This article stipulates that the maximum reward amount shall be RMB 30,000 yuan and the minimum reward amount shall be RMB 500 yuan, which shall be determined according to the specific administrative decision. For example, Li reported company B that there was an environmental illegal act stipulated in Article 3 of these Measures, provided the relevant information required by these Measures, verified by the ecological and environmental department, and made a decision of administrative penalty of 300,000 yuan. Upon examination, Li met the conditions for reporting with rewards, and went through relevant procedures according to the regulations, he will be rewarded with 30,000 yuan (300,000 yuan ×10%) for reporting. If the case is also suspected of an environmental pollution crime and is transferred to a public security organ for investigation, the reward will still be only 30,000 yuan. Li reported Company B that there was an environmental illegal act stipulated in Article 3 of these Measures, provided the relevant information required by these Measures, which have been verified by the ecological and environmental department, and made a decision of administrative penalty of RMB 200,000 yuan. After examination, Li also went through the relevant procedures in accordance with the provisions, and then he can get 20,000 yuan (200,000 yuan ×10%) as a reward for reporting. If the case is suspected of environmental pollution crime at the same time and transferred to the public security organs and placed on file for investigation, the reward that Li will get is 30,000 yuan; Li reported Company B that there was an environmental violation as stipulated in Article 3 of these Measures, and provided the relevant information required by these measures, verified by the ecological and environmental department, and only made the administrative decision of sealing up, checked to meet the conditions for reporting with rewards, and Li also went through the relevant procedures in accordance with the provisions, which can be awarded 10,000 yuan for reporting.

  8.Rewards for tip-offs follow the principle of one reward for each case. If more than one person reports the same illegal act separately and the clues are the same, the person who reported it first shall be rewarded; Joint reports shall be rewarded according to the case and the bonuses shall be equally distributed.

  If two or more administrative decisions have been made on the same environmental violation reported, the individual item shall be rewarded with the highest amount; Those who report multiple environmental violations by the same subject may be rewarded separately, but the total amount shall not exceed 30,000 yuan.

  Explanation: It is stipulated in the first paragraph of this article that each prize-winning report case can only be awarded once; If more than one person reports the same illegal act separately and the clues are the same, the first one who reports it will be rewarded, that is, the first one who provides complete information to the Municipal Bureau of Ecology and Environment. The visit shall be subject to the time of actual record, the letter shall be subject to the date of postmark, and the network shall be subject to the time of submission; Joint reports shall be handled according to a case, and the bonus shall be equally distributed according to the number of joint reports.

  The second paragraph of this article stipulates that if two or more administrative decisions have been made on the same environmental violation, the maximum amount of an individual item shall be awarded. For example, Zhao reported C company that there was an environmental violation as stipulated in Article 3 of these Measures. The ecological and environmental department first made an administrative decision to seal up Company C, and then made an administrative punishment decision of 200,000 yuan. The reward for this case should be based on the higher amount of the administrative decision, namely the bonus of 20,000 yuan (200,000 yuan ×10%). Zhao reported C Company that there was an environmental violation as stipulated in Article 3 of these Measures, the department of ecology and environment made an administrative decision to seal up Company C first, and then made an administrative penalty decision of 80,000 yuan. Then the case shall be rewarded according to the higher amount corresponding to the administrative decision, that is, the bonus of 10,000 yuan. Reporting multiple environmental violations by the same subject may be rewarded separately, that is, reporting two or more of the items specified in Article 3 of these Measures and meeting the conditions for the award after examination, the amount of the award may be calculated together, but the total amount shall not exceed 30,000 yuan.

  11.Informants who meet the conditions of reward shall, within 30 days from the date of receiving the award decision, go through the procedures of bonus collection on the spot at the place designated by the Municipal Ecological Environment Bureau with the original and photocopy of valid identification documents and bank accounts.

  In case of entrustment, the agent shall present the original and photocopy of valid certificates such as the letter of authorization, the ID card of the informant, the bank account and the ID card of the agent.

  Those who fail to go through the bonus formalities within the time limit shall be deemed to have given up the reward automatically.

  Explanation: According to the provisions of the first paragraph of this article, informants who meet the conditions for award shall, within 30 days from the date of receiving the award decision, go through the procedures for receiving the award on the spot at the place designated by the Municipal Ecological Environment Bureau. At the same time, the original of valid ID card, bank account (including the name of the bank) and other relevant materials and two photocopies shall be provided to the Municipal Ecological Environment Bureau on site, among which the original is used for checking.

  The second paragraph stipulates that in case of entrustment, the agent shall go through the procedures of bonus collection on the spot at the place designated by the Municipal Ecological Environment Bureau by presenting the letter of authorization, the ID card of the informant, the bank account of the informant (including the name materials of the issuing bank) and the ID card of the informant and other valid documents and two photocopies.

  If the informant fails to go through the bonus formalities at the designated place of the Municipal Ecological Environment Bureau according to the specified time, the reward shall be deemed to have been given up automatically and no additional formalities shall be completed.

  13.If the informant disagrees with the acceptance, investigation and reward of the case, the Municipal Ecological Environment Bureau shall do a good job in explaining the case. If the informer still disagrees with the explanation, the informer may file a complaint with the supervisory department according to the circumstances, or file an administrative reconsideration or an administrative lawsuit according to law.

  Explanation: If theinformer has any objection to the acceptance, investigation and reward of the case, the Municipal Ecological Environment Bureau shall be responsible for explanation. After interpretation, if the informer still disagrees with the work style of the ecological and environmental department staff, he or she may report the situation to the discipline inspection and supervision department; If the informant still disagrees with the specific administrative act of accepting, investigating and punishing or rewarding made by the Municipal Ecological Environment Bureau, he may file an administrative reconsideration or an administrative lawsuit in accordance with the law.

  14.The Municipal Ecological Environment Bureau shall keep confidential the information of the informer. If the informant reports maliciously and seriously interferes with official duties, the relevant departments shall investigate the informant for legal responsibility according to law.

  Explanation: The Municipal Ecological Environment Bureau shall keep confidential the information related to the informant according to regulations; If the informant reports maliciously or falsely, and seriously interferes with official duties, the ecological and environmental department shall request the relevant department to investigate his legal responsibility.

  15.The ecological and environmental departments of each district may refer to the provisions of these Measures for implementation.

  These Measures shall take effect as of the date of publication and shall be valid for three years.The Notice of Guangzhou Municipal Ecological Environment Bureau on Printing and Implementing the Measures for Rewarding Reports of Environmental Violations in Guangzhou (Sui Huan Gui Zi [2017] NO.3) shall be repealed simultaneously.

  Explanation: The ecological and environmental departments of each district shall decide whether to refer to the provisions of these Measures according to the actual situation of their jurisdiction. The content of this article is advisory and not mandatory.


  Disclosure: Active disclosure


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