Research On Pollutant Discharge Permit Supervision System In China

The pollutant discharge permit system is an important environmental management system in China.In 2016,the Implementation Plan for the Control of Pollutant Discharge Permits was proposed,and the approval and issuance of pollutant discharge permits will be basically completed by 2020.With the advancement of this work,China will enter the era of post-emission permit supervision.It is necessary to perfect the supervision system after pollutant discharge permit in China.The supervision effect after pollutant discharge permit is not only the need to realize the environmental rule by law,but also the inevitable requirement to realize the rational allocation of environmental resources and give play to its core position in the environmental management of fixed pollution sources,which is of great significance to the realization of the pollution source management goal.Based on the steady progress of the issue of pollutant discharge permit,China attaches great importance to the post-pollutant discharge permit supervision,including not only legislation but also practice.In the legislation,on March 1,2021 the implementation of the "regulations on the administration of tradable permits" issued in 2020 completed work not only for our country’s follow-up supervision work provides a high level of basic to follow the legislation,also for the local introduced combined with practical situation after the local rules and regulations as well as the detailed rules for the implementation regulation and other legal documents provided guidance,strengthened the supervision after the operability.In practice,there are many illegal pollutant discharge behaviors in China,and the competent departments of ecological environment are not in place to supervise the pollutant discharging units that have obtained permits,and the expected results of the establishment of this system have not been achieved.At present,the supervision status after pollutant discharge permit is not ideal,the main problem lies in four aspects: the disconnection between the supervision subject and the issuing subject,the supervision object’s self-certification and law-abiding non-standard,the supervision responsibility is not perfect and the public participation is insufficient.In terms of supervisory subjects,linkage between supervision and verification and issuance should be realized,linkage between departments should be strengthened horizontally,and the authority of discharge permit verification and issuance should be authorized by county-level ecological environment administrative departments vertically,so as to avoid the disjunction between subjects.In the aspect of self-certification and law-abiding of supervisory objects,a post-license supervision system with the permit as the core and the pollutant discharging unit as the main body of responsibility should be established to standardize the pollutant discharging unit’s own management.On this basis,the third party that provides service for polluters should be regulated so as to enhance the efficiency and legitimacy of post-license management of polluters.In the aspect of supervision responsibility,China should stipulate the legal responsibility of the agreed obligations of polluters,clarify the division of responsibilities,and comprehensively consider various factors in determining their legal obligations and responsibilities.For the competent departments of ecological environment,they should set up the corresponding power list and improve the administrative accountability system,so that they can clearly define their own power and actively perform their duties.In terms of public participation,we can improve the information disclosure system,strengthen the awareness of public participation,and broaden the channels of public participation to promote the post-certification supervision of public participation.