Shanghai environmental monitoring data fraud inves

Shanghai environmental monitoring data fraud investigation and treatment measures (Exposure Draft)

] recently, the Shanghai Environmental Protection Bureau issued the "Shanghai environmental monitoring data fraud investigation and treatment measures (Exposure Draft)"

in order to implement the implementation plan of Shanghai for deepening environmental monitoring reform and improving the quality of environmental monitoring data (HWB [2018] No. 19), and standardize the investigation and processing of environmental monitoring data fraud in Shanghai, Shanghai Environmental Protection Bureau has organized and formulated the measures for the investigation and processing of environmental monitoring data fraud in Shanghai (Exposure Draft), which is now open to the public for comments

the time for public consultation is from August 20 to September 10, 2018. The public can log on to Shanghai environment station (address:), enter the public opinion collection column on the home page, and click on the announcement column on the "measures for the investigation and handling of fraud in Shanghai environmental monitoring data (Exposure Draft)" to solicit public opinions, and give feedback and suggestions; You can also feedback your opinions and suggestions to email: Mona_ gao@。

attachment: Shanghai municipal environmental monitoring data fraud investigation and treatment measures (Exposure Draft)

Shanghai Environmental Protection Bureau

August 20, 2018

Shanghai municipal environmental monitoring data fraud investigation and treatment measures

(exposure draft)

Article 1 (purpose and basis)

in order to ensure the authenticity and accuracy of environmental monitoring data, investigate and deal with environmental monitoring data fraud according to law, These measures are formulated in accordance with the environmental protection law of the people's Republic of China, the regulations of Shanghai Municipality on environmental protection, the implementation plan of Shanghai Municipality for deepening environmental monitoring reform and improving the quality of environmental monitoring data (HWB [2018] No. 19) and other relevant laws, regulations and documents, and in combination with the actual work of the city

Article 2 (definition)

the environmental monitoring data mentioned in these Measures refers to all kinds of monitoring data, results, reports and other information obtained through manual or automatic monitoring according to relevant standards or specifications

the "falsification of environmental monitoring data" mentioned in these Measures refers to the intentional violation of national laws, regulations, rules, etc. and environmental monitoring technical specifications, tampering, forgery, or instructing tampering, forgery of environmental monitoring data. The definition of the investigation scope and the identification of the situation of fraud shall be implemented in accordance with the relevant provisions of the measures for the determination and treatment of fraud in environmental monitoring data (HF [2015] No. 175)

these measures are applicable to the investigation and handling of the falsification of environmental monitoring data by various environmental monitoring institutions and automatic monitoring equipment operation and maintenance institutions, pollutant discharge units, monitoring instrument and equipment production and sales units that carry out environmental monitoring activities in this city

the investigation and handling of the falsification of environmental monitoring data by Party and government leading cadres and state organ staff shall be carried out in accordance with the relevant provisions of the state and this city

Article 4 (investigation and punishment responsibilities)

the municipal competent department of environmental protection is fully responsible for the investigation and handling of all kinds of falsification of environmental monitoring data within the city; The environmental law enforcement departments at the municipal and district levels are respectively responsible for the investigation and handling of the falsification of environmental monitoring data of relevant pollutant discharge units according to the principle of hierarchical supervision; The municipal environmental monitoring center is responsible for the investigation and evidence collection of environmental monitoring data fraud by environmental monitoring institutions, automatic monitoring equipment operation and maintenance institutions, and monitoring instrument and equipment production and sales units

the competent departments of environmental protection in all districts and other competent departments responsible for environmental protection supervision and management at the municipal and district levels, as well as all environmental monitoring service clients, should supervise and manage relevant environmental monitoring activities according to their respective responsibilities or entrustment contracts. If institutions or individuals are found suspected of falsifying the data of measuring instruments with extremely high input impedance, or receiving relevant complaints or reports, Timely report or transfer the problem clues to the municipal environmental protection department

Article 5 (self discipline responsibilities)

environmental monitoring institutions and their principals shall be responsible for the authenticity and accuracy of monitoring data; The pollutant discharge unit and its person in charge shall be responsible for the authenticity and accuracy of the self-monitoring data; The operation and maintenance organization of automatic monitoring equipment and its person in charge shall bear corresponding responsibilities for the monitoring data in accordance with the operation and maintenance contract; The production and sales units of monitoring instruments and equipment are responsible for the compliance of relevant products

all units should carry out monitoring in accordance with the law and regulations, properly keep the original record accounts, ensure that all kinds of accounts are true and traceable, and disclose relevant monitoring data and information in accordance with the law

Article 6 (prevention and intervention)

for the behavior of leading cadres and relevant stakeholders who improperly interfere with environmental monitoring activities and instigate tampering and falsification of monitoring data, the instigated person and relevant insiders shall truthfully record the whole process by leaving traces, extracting according to law, storing media, etc., and report to the municipal environmental protection or relevant superior departments

Article 7

(basic principles)

the investigation and treatment of falsification of environmental monitoring data shall adhere to the principles of abiding by discipline and law, seeking truth from facts, objectivity and impartiality

Article 8 (investigation procedure)

(I) on site inspection and filing

1. The competent environmental protection departments at the municipal and district levels shall organize relevant technical departments in a planned way to carry out on-site inspection on various regulatory objects involved in environmental monitoring activities. If it is found that there is suspected of falsification of environmental monitoring data, it shall immediately properly store relevant materials and decide whether to file a case according to relevant procedures

2. Environmental law enforcement departments at the municipal and district levels carry out daily on-site inspections of pollutant discharge units. If they find that there is suspected of falsification of environmental monitoring data, they will decide whether to file a case according to relevant procedures. For fraud that needs to be investigated and dealt with immediately, you can investigate and collect evidence first, and decide whether to file a case and go through the filing procedures within 7 working days

3. If environmental monitoring departments at the municipal and district levels find that environmental monitoring institutions, automatic monitoring equipment operation and maintenance institutions or pollutant discharge units are suspected of falsifying the environmental monitoring data of on-site production testing during daily inspection or routine monitoring, they should immediately and properly ensure that China National Baowu hopes to store relevant materials under the demand guidance and technical guidance of COMAC, and after being reviewed by the technical director of this institution, As the clue and main evidence of the problem, it shall be timely transferred to the competent environmental protection department responsible for investigation and treatment, which shall decide whether to file a case

4. When receiving complaints or reports from units or individuals about the suspected falsification of environmental monitoring data, or receiving relevant complaints or reports handed over by other departments, the municipal environmental protection department shall review the relevant materials in time and decide whether to file a case according to the relevant procedures. The personnel involved in the acceptance process shall strictly keep secrets

(II) investigation and evidence collection

1. The investigation and evidence collection of cases of falsification of environmental monitoring data can be implemented with reference to the relevant provisions of the administrative punishment law and the measures for environmental administrative punishment. Environmental law enforcement departments may require environmental monitoring institutions at the municipal and district levels or invite other experts to provide necessary technical support for investigation and evidence collection

2. If investigators need to collect evidence by sampling, random sampling can be adopted. The sampling personnel shall have relevant sampling qualifications, and the on-site sampling and evidence collection shall be carried out in accordance with relevant standards and specifications, and the sampling process shall be recorded by taking photos, videos or other means. During the sampling process, the party concerned must be present and be required to sign on the on-site inspection (investigation) record and/or sampling record sheet. If the party refuses to sign, the investigator shall indicate the situation and ask other witnesses to sign

3. In addition to the on-site investigation (inquiry) records and on-site inspection (investigation) records, the following key evidences should be collected according to different situations for the evidence of environmental monitoring data fraud cases

(1) fraud in on-site monitoring or sampling: original records of on-site monitoring or sampling (including instrument storage documents or print records), on-site working conditions records of pollutant discharge units, sample storage and handover records, samples sealed on site and other documentary and physical evidence, as well as relevant photos, audio-visual, monitoring video and other materials

(2) fraud in laboratory analysis: analysis of original records (including instrument spectrogram and automatic storage records), quality control measures records, reagent standard material purchase and preparation records, environmental conditions records, instrument use records, retained samples and other documentary evidence, as well as relevant monitoring video and other materials

(3) falsification in the preparation of the report: the monitoring report (original and copy) and all the original monitoring records, report audit records, and other archived materials and other documentary evidence

(4) fraud in automatic monitoring links: production records, pollution discharge records, operation and maintenance records of environmental protection treatment facilities and automatic monitoring equipment, automatic monitoring data and self-monitoring reports, as well as physical evidence such as instruments and equipment sealed on site, data copied and backed up from data transmission equipment and environmental samples extracted according to law

Article 9 (case handling)

for units or individuals that have been verified to have falsified environmental monitoring data, the Department with corresponding management authority shall make an administrative disposal decision, or the environmental law enforcement department with punishment authority shall make an administrative punishment decision:

(I) where the environmental monitoring institution of a public institution has falsified the data, The competent department with the authority of appointment and removal shall deal with the person in charge and the direct person of the unit in accordance with the Interim Provisions on the punishment of the staff of public institutions

(II) if there is fraud in social environmental monitoring institutions, automatic monitoring equipment operation and maintenance institutions and relevant clients, the municipal environmental protection department shall deal with it in accordance with the relevant provisions of the Shanghai environmental protection regulations and the Shanghai measures for the administration of environmental monitoring socialized service institutions

(III) if a pollutant discharge unit commits fraud, the municipal or district environmental law enforcement department shall punish the person in charge and the direct person of the unit in accordance with the law on the prevention and control of air pollution, the law on the prevention and control of water pollution, the regulations of Shanghai Municipality on environmental protection and other laws and regulations, It has been incorporated into the enterprise environmental credit system and the national "enterprise credit information publicity system with good appearance effect" according to law.

(IV) If the production and sales units of monitoring instruments and equipment cooperate with the environmental monitoring data to fabricate, the municipal competent department of environmental protection shall notify and publicize the manufacturers, sales units and their product lists, and include them in the list of unqualified suppliers. They are prohibited from participating in government procurement or project bidding throughout the City, and the equipment installed in the enterprise will not be accepted and linked, and timely report to the Ministry of ecological environment

Article 10 (review and reconsideration)

if the party is not satisfied with the decision of handling or punishment and can provide relevant facts, reasons and evidence, the Department that made the decision of handling or punishment shall accept it and carry out review or reconsideration

the municipal competent department of environmental protection shall be responsible for notifying and transferring the cases of falsification of environmental monitoring data investigated and dealt with in this city. Among them, if the inspection and testing institutions are suspected of violating the relevant provisions of the administrative measures for the qualification recognition of inspection and testing institutions while practicing fraud, they should notify the certification administration departments of the country and the province and city where they are registered to transfer them; If the production and sales units of monitoring instruments and equipment are suspected of fraud, they should notify the industrial and commercial administration departments of the country and the province and city where the registration is located of the transfer; For environmental monitoring institutions or operations in other provinces and cities