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Legal reflections on the impact of Hanzhong City's "One River and Two Banks" urban planning on the water quality of the upper reaches of the Han River and its countermeasures* Tang Shimei** Abstract: The water quality conditions of the upper reaches of the Han River are crucial to the water security of the water supply area of ??the middle route of the South-to-North Water Diversion Project important. When riverside cities in the upper reaches of the Han River carry out major riverside development plans, they are likely to produce serious water pollution. This article analyzes the possible pollution factors that Hanzhong City's "One River and Two Banks" urban planning may or has caused to the water quality of the upper reaches of the Han River, namely domestic sewage, industrial sewage, domestic garbage, water and riverside entertainment and construction projects, and proposes it from a legal perspective Countermeasures include strengthening investment in urban environmental protection infrastructure; improving water pollution prevention and control systems; and forming an environmental protection working mechanism that focuses on comprehensive management. Keywords: urban planning, water pollution, legal thinking, countermeasures. The "South-to-North Water Diversion" project was established in the "Tenth Five-Year Plan" of the national economy. The first line of the project is to use the Danjiangkou Reservoir as the water source and divert water northward to supply water to cities such as Tianjin and Beijing. Therefore, the water quality of Danjiangkou Reservoir is directly related to the health of people in the water supply area and the safety of industrial water. The Han River, which originates from the southern foothills of the Qinling Mountains, is the largest tributary of the Yangtze River. Its main stream flows through Shaanxi and Hubei, and merges into the Yangtze River in Wuhan City. Above the Danjiangkou Reservoir is the upper reaches of the Han River. The water entering the Han River accounts for 80% of the total annual water entering the reservoir, so the water quality of the upper reaches of the Han River directly determines the water quality of the Danjiangkou Reservoir. Hanzhong is the first riverside city in the upper reaches of the Han River and an important city in southern Shaanxi. During the development of the western region, in order to achieve the goal of economic take-off, the Hanzhong Municipal People's Government proposed a grand blueprint for development along both sides of the Han River and formulated a "one river and two sides" urban development plan, which greatly stimulated the enthusiasm of the people of Hanzhong to build a beautiful home. and confidence. But what is worrying is how to maintain good water quality in the upper reaches of the Han River while developing the economy and building cities, so as to ensure that the water quality entering the Danjiangkou Reservoir meets the water supply quality standards? The solution to this problem involves many aspects such as administrative management, science and technology, environmental protection education, etc. This article only makes some thoughts on the status of "one river and two banks" urban planning in Hanzhong City and its impact on water quality from a legal perspective, and strives to find out Effective control measures. 1. The status of Hanzhong City’s “One River and Two Banks” urban planning. The development strategic goal of the “One River and Two Banks” urban planning is to rely on the Han River and take the development and construction of both sides of the Han River as an opportunity to build a Hanzhong business, culture, administrative office, and residential comprehensive area. Featuring natural ecology, Han culture, and Jiangnan customs, an urban riverside landscape belt integrating water, embankments, roads, gardens, and buildings will be formed to promote urban economic development. According to the requirements of the "Controlled Detailed Plan for Both Banks of the Han River in Hanzhong City", the "Two Banks of the One River" planning area is located at the southern end of Hantai District, Hanzhong City, the northern end of Nanzheng County, with an area of ??about 600 meters vertically and horizontally on both sides of the Han River. It is the future of Hanzhong City. The city center is located. The total land area of ??the planning area is 743.9 hectares, including 382.9 hectares of urban construction land, which is composed of residential land, public facilities land, road square land and public green space; the water area is 285.9 hectares; the riverside natural ecological wetland area is 75.26 hectares. The main construction projects in the "One River and Two Straits" planning area are as follows: (1) Residential quarters. According to the "Planning" requirements, the total residential land is 167.76 hectares (including 32.06 hectares of first-class residential land and 135.7 hectares of second-class residential land), accounting for 43.81% of the urban construction land. The concentrated construction is mainly for the development of residential areas. The street frontage is dominated by multi-story commercial and residential buildings. Combined with the good environmental location in the east section of Jiangnan Binjiang Road, high-rise apartments and villa areas mainly composed of independent and townhouse low-rise residences are arranged to form a beautiful environment that combines high, medium and low-rise buildings with complete supporting facilities. , a comprehensive residential area that can meet different needs. Currently, various residential areas are under construction. (2) North and South Bridgehead Squares. Built along the river, between the Hanjiang New Bridge and the planned new Hanjiang Traffic Bridge, it is a double square planned as the city's central avenue. It echoes on both sides of the Hanjiang River and is the two most dazzling "one river and two sides" landscape belt in Hanzhong City. Pearl. South Qiaotou Square is a leisure square for residents, covering an area of ??2.2 hectares; North Qiaotou Square is a transportation square, covering an area of ??4.24 hectares. It is used to organize urban transportation, celebrations and mass gatherings, parades and art performances, large underground shopping malls, passages, etc. A city-level comprehensive square integrating multiple urban functions. The greening of the square makes full use of the local climate characteristics, with lawns as the mainstay, supplemented by trees, shrubs, flowers and trees, night lighting and musical fountains, and group sculptures and architectural sketches.
Both squares have been completed and put into use. (3) Urban bridge gate project. Located in the lower reaches of the Han River in the urban area of ??Hanzhong City and the upstream of the Lengshui River, it consists of two parts: the river lock and the traffic bridge. The water retaining building consists of a 30-hole horizontal gate and a 174m overflow weir; the traffic part consists of a five-span lower It is composed of a steel-tube concrete arch bridge and a prestressed beam bridge with 30 holes and 20m span, with a total length of 1100M. It is a large-scale comprehensive urban infrastructure project integrating landscape tourism and urban transportation. After the completion of the project, it will make full use of the water resources of the Han River, adjust the water level of the urban Han River with small flow in the dry season, and form an urban artificial lake with a length of 6 kilometers, a width of 400M---800M, and an area of ??3 square kilometers, which is essential for creating a natural rainbow with clear water. It is of extraordinary significance to improve the landscape, improve the ecology, improve the urban taste, add value to resources, and benefit the people of Hanzhong. Currently, the project has been approved by the Shaanxi Provincial People's Government and is awaiting final approval from the Yangtze River Water Conservancy Commission. (4) Binjiang Road greening landscape planning area. The planning scope is from North Qiaotou Square in the west, to the flood drainage channel in the east, bounded by Binjiang Road in the north, and Han River in the south. It is about 2 kilometers long from east to west and 70-120 meters wide from north to south. The total planned area is 19.5 hectares. The planned area is flood control embankment. It is divided into three parts: - the landscape green belt to the north of the river embankment: mainly green parks, with sunken squares and cultural squares; the second is the river embankment landscape tour belt: mainly considering the combination of embankments and roads, and partial The widening forms a small square and a viewing platform on the top of the embankment, which not only enriches the line shape of the embankment, but also meets the needs of viewing and overlooking; the third is the water-friendly activity zone on the river beach: combined with the current platform, many free stopping places and green spaces extending to the water surface are formed. Steps, lawns, and the protrusions of the shoreline are used to lay out three viewing platforms (cruise boat docks) and four large water-friendly platforms from west to east, giving the general public the opportunity to be close to the water, play in the water, and enjoy the fun of nature. . (5) Public facilities and riverside parks. According to the planning and design, the public facilities in the Jiangnan and Jiangbei planning areas include administrative office areas, commercial and financial areas, cultural, sports and entertainment areas, and medical and health areas. The buildings are mainly multi-story, with high-rise buildings divided into groups in the north and south square areas. The buildings echo from the north to the south; at the same time, along the north bank of the Han River, starting from Wanxian Bridge in the east and ending at Shangshui Ferry in the west, the total planned area is 500 acres, supporting the construction of green space, water supply, power supply, entertainment, leisure and other facilities, and the development and construction of a riverside park to become a leisure place for citizens. , entertainment, sightseeing and large-scale business activities. According to the requirements of the "Hanzhong City Controlled Detailed Plan for Both Banks of the Han River", all projects are divided into three construction phases: the first phase starts from 1998 to 2000 with the construction of the north and south squares, driving the development and construction along both sides of the river; the second phase starts from 2000 From 2005 to 2005, it will mainly focus on the construction of commercial, residential, commercial, and office projects, accelerating the development and construction on both sides of the Taiwan Strait; in the third phase from 2005 to 2015, it will mainly focus on large-scale projects, accelerating development and construction, and forming a certain economic environment and social benefits. . 2. Possible impacts on water quality in the upper reaches of the Han River (Hanzhong Section) At present, the first phase of construction tasks has been basically completed, the second phase of development and construction is in progress, and large-scale projects such as bridge and sluice projects have begun construction. Judging from the overall planning and current operation conditions, the main factors affecting the water quality in the upper reaches of the Han River (Hanzhong Section) are: (1) Domestic sewage. After the "One River and Two Straits" urban planning goal is achieved, both sides of the river will become the center of the city. The population capacity of residential land in the planned area alone (excluding administrative offices, commercial finance, entertainment venues, etc.) will reach 97,637 people (according to international standards). Calculation stipulated in the "Urban Residential Area Planning"). Based on the indicator of per capita daily comprehensive water consumption of 450 liters, the total water consumption in the planning area is close to 50,000 tons/day. The domestic sewage discharge is calculated as 90% of the water supply, and the domestic sewage discharge in the planning area is close to 45,000 tons/day. At present, domestic sewage in all areas of Hanzhong City, including the planning area, is discharged directly into the Han River without any treatment. According to the "Hanzhong City Master Plan", it is estimated that the total urban population will reach 619,000 by 2015, with a population of 619,000 per year. The daily discharge of domestic sewage into the Han River will reach 250,000 tons. (2) Industrial wastewater. Although no new factories have been built in the "One River and Two Banks" planning area, judging from the current situation, all industrial sewage from 34 industrial enterprises in Hanzhong City on the north bank of the Han River, including the north bank of the planning area, flows directly through the west flood drainage channel and the east flood drainage channel. The flood drainage channel and the Shiyanzi River discharge into the Han River. The annual discharge of industrial wastewater in 2003 reached 3.6706 million tons. All industrial wastewater from 29 industrial enterprises in Nanzheng County on the south bank of the Hanjiang River, including the south bank of the planning area, also passes directly through the Lianshui River and Lengshui River. The river discharges into the Han River, and the annual discharge of industrial wastewater in 2003 reached 2.8993 million tons.
According to the survey, the water quality of this section of the Hanjiang River shows a downward trend from top to bottom, from Class IV water at Zhang Wharf and Shangshuidu sections upstream of Hanzhong City to Class V water at the lower reaches of the urban area. The Zhang Wharf and Shangshui Crossing sections are Unqualified water, Guojielou and Jinhua sections are inferior water. Petroleum, BOD5, volatile phenol, mercury, etc. are the main pollution factors that cause the deterioration of water quality. Under the good situation of steady development of economic construction, the number of industrial enterprises is increasing year by year, the scale is expanding, and the substantial increase in industrial wastewater discharge is an inevitable trend. (3) Pollution from water entertainment and riverside parks. After the barrage is completed, the section of the Han River above it will form a 400-meter-wide filled water surface, which is a natural place for carrying out various water entertainment projects such as boating, yachting, and swimming. The riverside parks along both sides of the river are even more popular for people's leisure and entertainment. Ideal place to go. However, the accompanying domestic waste, domestic sewage and oil pollution generated by entertainment facilities will also appear at an unprecedented speed and scale. Judging from the current situation only, the south side of Binjiang Road around Beiqiaotou Square is close to the embankment of the Han River. There are densely packed food and barbecue stalls. In the evening, smoke is lingering, people are shouting, and the sound of singing and stereos fills the night sky. Along the Han River, The water is turbid and smelly, making it impossible for tourists to stay on the shore in many places. If this is the case today, what will happen in the future? (4) Municipal solid waste. The daily urban waste generation in Hanzhong City has reached 430 tons and is expected to reach 800 tons/day by 2015. For a long time, since there has not been any urban waste treatment facilities, the original disposal method of stacking in low-lying urban areas has been adopted. Therefore, residents and units are frequently prohibited from dumping garbage privately into urban flood drains, river beaches and vacant urban areas. With the improvement of people's living standards in recent years, the organic matter in urban garbage has increased, which has intensified the generation and impact of pollutants and has become a potential threat to the urban ecological environment of Hanzhong City. (5) Construction projects. Mainly the bridge gate project and the construction of various facilities along the embankment and water surface of the Riverside Park. During the construction process, the waste residue and waste materials generated by the project construction, and the domestic garbage of the construction workers will have a certain impact on the water quality of the Han River. 3. Legal reflections on water pollution prevention and control measures in the Han River (Hanzhong section). The Shaanxi Daily reported on July 13, 2004: “In the past few days, reporters have accompanied the Provincial People’s Congress Standing Committee’s Environmental Protection Law Enforcement Inspection Team under the scorching sun and heat to conduct in-depth investigations. Visiting Hantai District, Chenggu County, Mian County and other places along the Han River in Hanzhong City, we saw that due to lack of funds, serious lag in environmental protection infrastructure and other reasons, a large amount of production and domestic sewage was directly discharged into the Han River everywhere. The garbage is piling up... The water pollution of the Han River is shocking! The water pollution control of the Han River is urgent! "The author believes that this is by no means alarmist, and with the deepening of the second phase of the "One River and Two Banks" urban project in Hanzhong City, the water pollution of the Han River will become more serious. The types will be more complex, the pollution speed will be faster, the pollution scope will be wider, and the situation will be more severe! Only by strictly complying with the provisions of laws and regulations and taking effective legal measures can we curb the increasingly serious water pollution and effectively prevent new pollution that may occur during development and construction. (1) Vigorously strengthen investment in urban environmental protection infrastructure to solve the increasingly prominent urban pollution. With the continuous acceleration of urbanization and the improvement of people's living standards, domestic wastewater and garbage are increasing day by day. Relevant survey reports from the State Environmental Protection Administration show that in recent years, urban domestic sewage discharge has increased at an average annual rate of 5%, and exceeded industrial sewage discharge for the first time in 1999, accounting for 52.9% of the country’s total sewage discharge. In 2003, it accounted for 10% of the total. 53.8% of the amount. For Hanzhong City, not only does the discharge of domestic sewage and domestic garbage increase year by year, the most urgent problem that needs to be faced is that all domestic sewage and domestic garbage are directly discharged or dumped into the river without any harmless treatment. According to current laws and regulations, I think we should vigorously strengthen investment in urban environmental protection infrastructure and focus on the following two aspects: 1. Accelerate the construction of sewage treatment plants, garbage treatment plants, hazardous waste disposal centers and urban rainwater and sewage diversion drainage pipes The construction of environmental protection infrastructure such as Internet. Paragraphs 1 and 2 of Article 19 of the "Water Pollution Prevention and Control Law" clearly stipulate that "urban sewage shall be treated in a centralized manner." "Relevant departments of the State Council and local people's governments at all levels must incorporate the protection of urban water sources and the prevention and control of urban water pollution into urban construction plans. Build and improve urban drainage pipe networks, build centralized urban sewage treatment facilities in a planned manner, and strengthen the comprehensive improvement of urban water environment.
"Article 14 of the "Implementation Rules of the Water Pollution Prevention and Control Law" stipulates: "The urban construction department shall organize the preparation of professional plans for urban drainage and sewage treatment in accordance with the overall urban plan, and organize the construction of centralized urban sewage treatment facilities in accordance with the requirements of the plan. Article 39 of the "Law on the Prevention and Control of Environmental Pollution by Solid Waste" stipulates: "Urban people's governments shall build supporting facilities for the cleaning, collection, storage, transportation and disposal of urban domestic waste." Article 47 stipulates that “Urban people’s governments shall organize the construction of facilities for centralized disposal of hazardous wastes.” "The National Environmental Protection Tenth Five-Year Plan also requires that by 2005, the centralized treatment rate of domestic sewage in my country's cities should reach 45%, and that in cities with a population of more than 500,000 should reach 60%; by 2010, the sewage treatment rate in all cities must not The sewage treatment rate of municipalities, provincial capitals, cities under separate state planning and scenic tourist cities shall not be less than 70%. As one of the water sources of the "South-to-North Water Diversion" project, Hanzhong City must build environmental protection infrastructure. The provisions of national laws and regulations must be strictly implemented, and there is no doubt that there should be higher requirements on the issue of sewage treatment rate. However, as a poor city in the west, Hanzhong City is restricted by factors such as funding, and the government cannot spend money to improve the environment. Even if the infrastructure is completed, it is difficult to operate due to management or funding issues. The construction and operation of environmental protection infrastructure are difficult, and the provisions of laws and regulations are ineffective. To break through the funding "bottleneck", the Hanzhong Municipal Government must actively strive for state funding. In addition, the concept that urban infrastructure environmental protection facilities are regarded as "non-productive welfare undertakings" and should be taken over by the government should be changed, foreign capital or private funds should be actively introduced, and urban environmental protection infrastructure should be constructed through joint ventures, sole proprietorships, BOT, BT or TOT, and the introduction of Advanced management mechanism. The urban sewage treatment plant currently under construction in Hanzhong City is built using national debt, government investment and Danish government equipment loans, using the BOT method, which provides a good model for the construction and operation of urban environmental protection infrastructure. Also under construction are urban garbage treatment plants and urban hazardous waste disposal centers. Urban rainwater and sewage diversion and drainage pipe networks and sewage treatment plants in counties along the river have also been included in Hanzhong City’s environmental protection plan. 2. Accelerate the promotion of new water-saving technologies and new technologies. Technology, new equipment. Water conservation can not only reduce ineffective demand and reduce water supply pressure, but also reduce sewage discharge and reduce environmental pressure. Paragraphs 1 and 2 of Article 8 of the "Water Law" stipulate that "the state shall strictly implement water conservation and vigorously promote it." Measures to save water, promote new water-saving technologies and processes, develop water-saving industry, agriculture and service industries, and build a water-saving society. “People’s governments at all levels should take measures to strengthen the management of water conservation. Establish a water-saving technology development and promotion system and cultivate and develop water-saving industries. Paragraphs 1 and 2 of Article 51 stipulate: “Industrial water use should adopt advanced technologies, processes and equipment, increase the number of water recycling times, and improve the reuse rate of water. "The state will gradually phase out outdated, high-water-consuming processes, equipment and products. The specific list will be formulated and announced by the comprehensive economic department of the State Council in conjunction with the water administrative department of the State Council and relevant departments. Producers, sellers or users in production and operation shall stop producing, selling or using the listed processes, equipment and products within the specified time. "Article 52 stipulates: "Urban people's governments should take effective measures according to local conditions to promote water-saving domestic water appliances, reduce the leakage rate of urban water supply pipe networks, and improve domestic water efficiency; strengthen centralized treatment of urban sewage, encourage the use of recycled water, and improve sewage regeneration Utilization. "Notice of the State Council on Strengthening Water Conservation in Urban Water Supply and Prevention and Control of Water Pollution" [Guofa (2000) No. 36] also requires that "all newly built, renovated, and expanded public and civil buildings shall not continue to use unused water." Water appliances that meet the standards. Water appliances that do not meet the water-saving standards installed and used in existing buildings in each unit must be replaced with water-saving appliances before 2005. Households are encouraged to replace them with water-saving appliances. "Although Hanzhong City is not a water-scarce city and the water supply contradiction is not prominent, the urban sewage treatment capacity is poor. Water conservation is closely related to the reduction of sewage discharge. Therefore, it must strictly abide by national laws and regulations, adopt new technologies, new processes, New equipment and appliances reduce water consumption.
In particular, there are a large number of new residential buildings, office buildings, commercial buildings and other new projects in the "One River and Two Banks" urban planning. It is necessary to achieve "three simultaneous, four in place", that is, the main engineering and water-saving measures of the construction project must be designed at the same time. , be constructed at the same time, and put into use at the same time; water users must ensure that water use plans are in place, water-saving goals are in place, water-saving measures are in place, and water management systems are in place. (2) Improve the water pollution prevention and control system to address both the symptoms and root causes. Current pollution control, including water pollution control, is a kind of terminal control, which is a passive and negative pollution control behavior that treats the symptoms but not the root cause. Therefore, in order to realize the "one river and two banks" plan, develop Hanzhong's economy, and ensure the water quality requirements of the water source, we must take a water pollution control approach that addresses both the symptoms and root causes. 1. Obtain administrative license for environmental protection in advance to control pollution from the source. According to the provisions of the "Administrative Licensing Law", if the environmental protection administrative department is required to issue an environmental administrative license, it must cooperate with the administrative departments of industry and commerce, land and urban planning, etc., and use the environmental administrative license for construction projects as a process for enterprise registration and registration, land acquisition, etc. Procedures, construction land planning licenses and other pre-approval matters for administrative licensing, through strict implementation of environmental licensing and the "three simultaneous" system, restrict construction projects that do not comply with national industrial policies, local environmental planning, and total pollution control, preventing some enterprises from Or, in the name of attracting investment, the project actually transfers pollution across regions, effectively preventing the creation of new pollution sources from the source. Construction projects that start construction without environmental protection approval should be severely punished in accordance with the Administrative Licensing Law and other relevant laws and regulations. 2. Establish a benign centralized urban sewage treatment mechanism. The first is to ensure the implementation of centralized urban sewage treatment facilities and ensure that the facilities are connected to the pipe network and ensure smooth flow. Paragraphs 1 and 2 of Article 19 of the "Water Pollution Prevention and Control Law" clearly stipulate: "Urban sewage shall be treated in a centralized manner" and "Relevant departments of the State Council and local people's governments at all levels must incorporate the protection of urban water sources and the prevention and control of urban water pollution into urban construction plans. Build and improve urban drainage pipe networks, build urban sewage centralized treatment facilities in a planned manner, and strengthen comprehensive improvement of urban water environment." Therefore, the government and relevant departments can change the requirement that factories of all sizes in cities build independent wastewater treatment facilities (on the one hand, it increases the capital investment of the factory, and on the other hand, the wastewater treatment facilities are in poor operating condition and are not conducive to supervision), and the supporting construction and improvement The drainage pipe network and water quantity monitoring facilities truly realize the centralized treatment and harmless discharge of all sewage in the city. The second is to implement a sewage treatment charging system to ensure the normal operation of centralized sewage treatment facilities. Paragraph 3 of Article 19 of the "Water Pollution Prevention and Control Law" stipulates that "urban sewage centralized treatment facilities provide paid sewage treatment services to polluters in accordance with national regulations and charge sewage treatment fees to ensure the normal operation of sewage treatment facilities." But many cities Due to lack of funds and difficulty in collecting sewage treatment fees, some sewage treatment plants cannot operate according to the designed scale and capacity, causing the sewage treatment plant to become a new "sewage discharge source." To this end, the State Planning Commission, the Ministry of Construction, and the State Environmental Protection Administration jointly issued the "Opinions on Promoting the Industrial Development of Urban Sewage and Garbage Treatment" which stipulates: "Cities that have built sewage and garbage treatment facilities must immediately start levying sewage and garbage treatment facilities." Fees should be levied in other cities before the end of 2003." Therefore, the Hanzhong Municipal People's Government should formulate sewage treatment charging standards and management methods based on the minimum charging standards set by the state, determine appropriate sewage treatment fees, and collect them on schedule to provide financial guarantee for the normal operation of sewage treatment plants. The third is to develop urban sewage recycling, improve the comprehensive utilization rate of water resources, and reduce water pollution. Urban wastewater treatment becomes "reclaimed water", which can be recycled for various purposes such as agricultural irrigation, industrial cooling or washing, urban green belt irrigation, road washing, etc. This has a significant effect on alleviating water resources stress and reducing water pollution. Article 52 of the Water Law provides encouraging provisions for the use of recycled water. Therefore, the municipal government must make it clear that sewage recycling is an important part of comprehensive urban water resources management. The construction and improvement of sewage treatment and recycled water facilities are important measures for the prevention and control of water pollution. Only by organically combining sewage treatment and recycling can we control costs to a minimum and save water resources, which not only exerts economic benefits, but also reflects social benefits. 3. Combine the pollutant concentration control system with the total quantity control system.
Article 16 of the "Water Pollution Prevention and Control Law" stipulates: "People's governments at or above the provincial level may implement a total volume control system for the discharge of key pollutants for water bodies that have achieved discharge standards for water pollutants but still fail to meet the water environment quality standards stipulated by the state, and Implement a verification system for the emission of key pollutants "for enterprises with emission reduction tasks," thus establishing a conditional total quantity control system in law. Hanzhong City adopts a pollutant concentration control system in its water pollution prevention and control management. Not only does it lead to irrationality in the assessment of each pollutant discharge unit, but more importantly, as the water source of the South-to-North Water Diversion Middle Route Project, Hanzhong City’s water body functions The special meaning cannot be reflected. However, given the gaps in environmental management levels, technical capabilities and government awareness among relevant environmental protection departments, it is unrealistic to implement total pollutant emission control based entirely on environmental capacity. Therefore, the pollutant concentration control system and the total amount control system are combined, and both the pollutant emission concentration and the total amount of pollutant emission are considered in the environmental management of pollution sources. This way, the pollutant emission of enterprises is more reasonably supervised. It promotes the development of local economy to the maximum extent, reflects the nature of a special functional area as a water source, and protects the regional water environment. 4. Strictly implement the environmental impact assessment system. The Standing Committee of the Ninth National People's Congress passed the Environmental Impact Assessment Law on October 28, 2002, and it was officially implemented on September 1, 2003. Article 8 of the Law stipulates: “Relevant departments of the State Council, people’s governments at or above the districted city level and their relevant departments shall organize and organize the industry, agriculture, animal husbandry, forestry, energy, water conservancy, transportation, urban construction, tourism, For relevant special plans for the development of natural resources, before the draft of the special plan is submitted for review and approval, an environmental impact assessment shall be organized and an environmental impact report shall be submitted to the authority that examines and approves the special plan.” (3) Form a system of unified management. Environmental protection working mechanism. 1. Establish a government responsibility system for environmental protection goals. Article 16 of the "Environmental Protection Law" clearly stipulates: "Local people's governments at all levels shall be responsible for the environmental quality of their respective jurisdictions and take measures to improve environmental quality." Local people's governments at all levels shall be based on the provisions of laws and regulations and adopt a responsibility system. As the core, with administrative constraints as the mechanism, we organically combine responsibilities, powers, interests and obligations, clarify the responsibilities of local administrative heads at all levels in improving environmental quality, determine the environmental quality indicator system, and decompose the indicators into specific annual goals. , implement tasks, do a good job in supervision, inspection and evaluation, implement annual assessments, and list the completion of annual environmental quality goals in the jurisdiction as an important part of evaluating the performance of governments and cadres at all levels. In enterprise evaluation, qualification certification and related creation activities, a one-vote veto system for ecological and environmental protection is implemented to veto units and major leaders who do not pay attention to environmental protection and ecological construction and cause accidents that damage the ecological environment. 2. Establish an environmental protection collaboration mechanism among relevant departments. Article 7 of the "Environmental Protection Law" stipulates: "The environmental protection administrative department of the State Council shall implement unified supervision and management of environmental protection work nationwide. The environmental protection administrative departments of local people's governments at or above the county level shall implement unified supervision and management of environmental protection work in their respective jurisdictions. The national marine administrative departments, port supervision, fishery and fishing port supervision, military environmental protection departments and public security, transportation, railway and civil aviation management departments at all levels shall supervise and manage the prevention and control of environmental pollution in accordance with the provisions of relevant laws and regulations. The administrative departments of land, minerals, forestry, agriculture, and water conservancy shall supervise and manage the protection of resources in accordance with relevant laws.” In accordance with the Environmental Protection Law and other relevant laws and regulations (such as the Urban Planning Law and the River Management Law). ") regulations, there are more than 20 departments and units with environmental protection responsibilities in the government system and other relevant management agencies. There are also many departments involved in water pollution prevention and environmental management, such as planning, water conservancy, river management, reservoir management, water Wen monitoring and environmental protection departments implement a multi-level management system that combines unified management and separate management. There are many law enforcement entities, power is too dispersed, and responsibilities are unclear, creating a situation where "everyone is in charge, but no one cares." The shortcomings of this management system have been around for a long time and have many causes. The State Council and the State Environmental Protection Administration have tried to solve them through legislation, policies, institutional arrangements, etc. However, environmental problems are too complex and the conditions vary widely from place to place, making it difficult to fundamentally solve them. In this case, the author believes that local governments should give full play to their role and adapt to local conditions to find environmental protection strategies suitable for their jurisdiction.
Specific to the prevention and control of water pollution in the upper reaches of the Han River in Hanzhong City, the Hanzhong Municipal People's Government should coordinate various relevant departments to form a collaborative mechanism for the prevention and control of water quality pollution in the Han River, integrating the preparation of water pollution prevention and control plans in the basin, water functional zoning and water environment functional zoning, water The rights, obligations, responsibilities and work procedures in various tasks such as resource and water environment management, river sewage outlet investigation, water pollution treatment, etc. are fixed in the form of an agreement, that is, the signing of an environmental protection administrative contract. The municipal government conducts regular supervision and inspections to eliminate the phenomenon of passing the buck or abdicating responsibilities or abusing power, and ensures that all departments work together to ensure that all departments fulfill their duties and fulfill their responsibilities. 3. Establish an effective mechanism for the active participation of the public. Article 6 of the "Environmental Protection Law" stipulates: "All units and individuals have the obligation to protect the environment and have the right to report and accuse units and individuals that damage and pollute the environment." Article 13 of the "Water Pollution Prevention and Control Law" stipulates : “The environmental impact report should include the opinions of the units and residents where the project is located.” The “Decision of the State Council on Several Issues Concerning Environmental Protection” promulgated in 1996 stated: “Establish a public participation mechanism, give play to the role of social groups, and encourage the public to Participate in environmental protection work to report and expose various violations of environmental protection laws and regulations. "Articles 11 and 21 of the Environmental Impact Assessment Law provide detailed provisions for public participation in environmental impact assessment. Expanding citizens’ rights to know, participate and supervise environmental protection is crucial to promoting scientific and democratic decision-making on environmental protection and ecological construction. Therefore, it is necessary to establish and improve the information mechanism, expression mechanism, supervision mechanism and litigation mechanism for public participation, and improve the channels and methods of public participation. Environmental protection departments at all levels should organize experts and citizens to participate in environmental impact assessment in an appropriate manner, especially for construction projects involving the water quality of the Han River. Implement a reward reporting system for ecological and environmental protection (especially serious pollution in key locations such as water sources, sewage outlets, and water intake points) to fully mobilize the people's enthusiasm and creativity in protecting the environment. Encourage trade unions, Communist Youth League, Women's Federation and other social groups and citizens to participate in environmental protection and ecological construction, and provide spiritual encouragement and material rewards to units and individuals who have made outstanding contributions to environmental remediation and ecological construction. References: ① "Environmental Impact Report of the Middle Route of the South-to-North Water Diversion Project", Yangtze River Water Resources Protection Research Institute, prepared in March 1995. ② Wu Guoping, Zhai Li: "Preliminary Research on Water Resources Protection Liability", Proceedings of the 2000 National Environmental Resources Law Symposium. ③ Li Ainian, Chen Lantu: "Problems, Causes, Countermeasures - Research on Legislative Issues of Urban Water Pollution Prevention and Control in my country", Proceedings of the 2002 China Environmental Resources Law Symposium. ④
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