Q&A

Overall, the Revised Law establishes heavier punishments for pollution enterprises and government officials connected to pollution incidents. All parties involved in conducting fraudulent or environmentally damaging activities will bear joint liability. In addition to newly granted powers for local environmental protection bureaus to seize assets and ban production at polluting enterprises, up to 15 days of detention may apply to responsible parties in the following situations:

• Enterprises failing to conduct an environmental impact assessment (EIA), refusing to suspend production after being issued a ban, forging monitoring data, or improperly operating a pollution prevention system; and
• Enterprises found guilty of discharging pollutants without a permit, or failing to suspend such activities after being issued a ban.

Under the Revised Law, polluters must publicly disclose their emissions data, as well as the results of environmental impact assessments, now required for all major project proposals. In an effort to “name and shame” polluting enterprises, the government will also punish a list of violators.