The hottest enterprise was shut down without obtai

2022-10-21
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The enterprise has been shut down without obtaining the environmental assessment procedures, and whether the environmental protection is protected by law

release date: Source: Yi Zhibian: Bao Zhi's number of Views: 3006 copyright and disclaimer

core tip: today, environmental issues have become the focus of global common concern, especially in recent years, our country has vigorously promoted environmental remediation, and set up a number of supervision groups to carry out strict environmental supervision everywhere. Faced with the pressure of central environmental protection supervision, local governments are prone to make one size fits all mistakes

[China Packaging News] Nowadays, environmental issues have become the focus of global common concern, especially in recent years, our country has vigorously promoted environmental remediation and set up a number of supervision teams to carry out strict environmental protection supervision everywhere. Faced with the pressure of central environmental protection supervision, local governments are prone to make one size fits all mistakes. It fell to our business owners, and the law enforcement of selecting FSC certified material suppliers for sale Royal was shut down. At this time, we need to face it calmly and seek appropriate solutions in order to minimize the losses

nowadays, there are various forms of expropriation and demolition. In order to achieve a certain purpose, such as only to save the cost of financial expenditure, the expropriation party will implement forced demolition in the name of the ban on scattered pollution and the closure of environmental protection, in order to reduce the compensation or even avoid the compensation to the enterprise, and transfer all losses and risks to the enterprise

such environmental protection regulation also has a certain impact on China's economic development, which is not conducive to the development of local economy. Because of the authority and behavior of the government, enterprises were forced to stop production and business operations, which eventually brought down the enterprises and brought a fatal blow to the majority of business owners

due to the storm of environmental protection and remediation across the country, all enterprises were included in the scope of investigation. As long as it was found that the enterprise did not obtain the relevant procedures of environmental impact assessment, it was identified as an illegal enterprise. Then the relevant administrative departments issued a notice ordering it to shut down within a time limit. During this period, the enterprise was not given the opportunity to rectify, and all enterprises were shut down across the board and required to dismantle some buildings and equipment

for example: our team handled a case in Jiangsu where a food processing enterprise was shut down by environmental protection. The enterprise has been operating since 1997, and has obtained the state-owned construction land use certificate, business license, tax registration certificate according to law. Just because there was no application for environmental impact assessment and other procedures at that time, it did not meet the environmental protection requirements, the relevant administrative departments took compulsory water and electricity cuts to the enterprise in the early stage, forcing the enterprise to stop production and operation, It has caused huge economic losses to the enterprise. The government does not care whether the enterprise lives or dies, and completes the task when it achieves the purpose of shutdown. The government is simply unwilling to discuss the compensation issue with the enterprise

it can be seen from the above-mentioned cases that the environmental impact assessment procedures are very important. So what is environmental impact assessment? What are the procedures for applying for environmental impact assessment

1. The so-called environmental impact assessment refers to the method and system of analyzing, predicting and evaluating the possible environmental impact after the implementation of planning and construction projects, putting forward countermeasures and measures to prevent or mitigate adverse environmental impacts, and tracking and monitoring. The electronic or paper text or chart materials that may evaluate and predict the impact on the environment after the completion of a project are the environmental impact assessment documents, which are mainly manifested in the environmental impact assessment report, report form and registration form

2. In terms of procedures, environmental impact assessment procedures mainly include

(1) the construction unit shall prepare the environmental impact assessment report, report form or registration form in accordance with the relevant laws and regulations and the possible impact of its own project on the environment

(2) the construction unit will timely submit the prepared environmental impact assessment documents, such as environmental impact assessment report or report form, to the administrative organ for approval. In addition, the administrative organ issues written materials approving or disapproving the commencement of the project, that is, the reply document of environmental impact. It should be noted here that the state only approves and manages the environmental impact report and report form of the construction project, while only records the environmental impact registration form

(3) the period of administrative examination and approval begins when the administrative organ accepts the applicant's materials and ends when the examination and approval organ makes an approval or disapproval administrative decision. The longest period allowed by law is generally calculated in days. For example, the approval period of the environmental report is 60 days, and the approval period of the environmental impact report is 30 days

in addition, we need to know which sensitive areas are clearly prohibited by law from establishing construction projects to implement production activities. According to the provisions of the catalogue of classified management of environmental impact assessment of construction projects, it mainly includes:

(1) natural reserves, scenic spots, drinking water sources, special marine reserves, etc

(2) basic farmland protection areas, grasslands, forest parks, geoparks, important wetlands, key prevention and control areas of soil and water loss, closed or semi closed sea areas, etc

(3) take residence, medical and health care, culture and education, scientific research and other major functional areas as well as cultural relics protection units

in addition to knowing the above environmental impact assessment and related procedures, we also need to pay attention to:

first of all, whether there is no need to go through environmental protection procedures for pollution-free enterprises, whether a project needs to go through environmental assessment, and whether the environmental assessment is a report or a report form is based on the classified management directory of environmental impact assessment of construction projects of the Ministry of environmental protection. Even if there is no pollution, the enterprise that is listed in the classified management directory of environmental impact assessment of construction projects and requires environmental assessment is to conduct environmental assessment. If there is no environmental assessment, it will be deemed that your enterprise meets the environmental protection requirements and will be shut down

secondly, on the contrary, even if the production and operation of enterprises have little impact on the environment, although there is no need to carry out environmental assessment, it is necessary to fill in the environmental impact registration form and put it on record. Because there is no upper limit for environmental protection standards, it is understandable that local policies may require higher environmental protection standards than laws and regulations. It may be that environmental protection meets the standard this year and will not meet the standard next year

in reality, in order to complete the tasks assigned by the superiors, the relevant government departments may face the risk of being shut down even if the enterprise's environmental protection facilities meet the standards and the environmental protection procedures are complete. In the physical operation, this is the same as the previous case of "promoting demolition by demolishing violations". So (2) reduce the noise in the braking process. It is said that enterprises should comply with laws and regulations at the beginning of the construction, so as not to be caught by the government in the face of demolition or shutdown for compensation

finally, ironmaking needs to be hard on its own. For enterprises that have not violated the relevant laws, regulations and policies of environmental protection, but have been forcibly labeled as environmental protection shutdown due to some historical reasons, we believe that first of all, we need to find out the other party's violations by applying for reconsideration or filing an administrative lawsuit against the wrong law enforcement acts of the relevant administrative departments, so as to safeguard their legitimate rights and interests and ensure the normal production of enterprises. If the enterprise cannot continue production, the enterprise will be compensated for the losses caused

in a word, it is necessary to remind business owners that when your enterprise is shut down or demolished, they must pay attention to it. Once the enterprise is shut down, the possibility of resuming production in the later stage is very small. Don't have illusions, From the moment when the enterprise shut down "we have the ability to produce sprinter van type truck plate springs, we have already produced visible losses. Therefore, we should actively choose the right means to protect our rights, avoid causing greater losses, and do not give up the benefits we could have won, and finally achieve twice the result with half the effort."

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