Recently, the General Office of the Liaoning Provincial Committee of the Communist Party of China, the General Office of the Liaoning Provincial People's Government, issued a circular on the publication of the Implementation Plan for Deepening the Reform of Environmental Monitoring in Liaoning Province and Improving the Quality of Environmental Monitoring Data. The specific contents are as follows:

The municipal Party committees, the Municipal People's governments, the provincial Party committees and ministries, the provincial (central) units, and the people's organizations:

The Implementation Plan of Deepening the Reform of Environmental Monitoring and Improving the Quality of Environmental Monitoring Data in Liaoning Province has been approved by the Provincial Party Committee and the Provincial Government. It is now issued to you. Please implement it conscientiously according to the actual situation.

General Office of Liaoning Provincial CPC Committee

General Office of Liaoning Provincial People's Government

Implementation plan of deepening environmental monitoring reform and improving environmental monitoring data quality in Liaoning

In order to conscientiously implement the spirit of the Circular on Deepening the Reform of Environmental Monitoring and Improving the Quality of Environmental Monitoring Data issued by the General Office of the Central Committee of the Communist Party of China and the General Office of the State Council (Office Word No.35, hereinafter referred to as "Opinions"), deepen the reform of environmental monitoring in Liaoning Province and improve the quality of environmental monitoring data, this paper is formulated. Apply the scheme.

I. General requirements

(1) guiding ideology. Fully implement the spirit of the Nineteenth National Congress of the CPC and the Second and Third Plenary Sessions of the Nineteenth Central Committee, guided by Xi Jinping's socialist ideology with Chinese characteristics in the new era, adhere to the general keynote of steady progress, adhere to the people-centered development idea, and closely promote the overall layout of the "five in one" and coordinate the "four in an all-round way". Strategic layout should persevere in implementing new development concepts and "four efforts" and "three advances". Based on the needs of ecological environment protection in Liaoning Province, we should insist on monitoring according to law, scientific monitoring and honest monitoring. In combination with the needs of deepening the reform of environmental monitoring, we should build a responsibility system, strengthen supervision capacity and seriously investigate and deal with fraud according to law and regulations. Actions should ensure the quality of environmental monitoring data, improve the credibility and authority of environmental monitoring data, and promote the overall improvement of environmental management level.

(two) basic principles

Reform mechanism and perfect system. Reform the guarantee mechanism of environmental monitoring quality responsibility, establish and improve the responsibility system of preventing and punishing environmental monitoring data fraud, and improve the quality management system of environmental monitoring.

- take measures to prevent risks. Comprehensive use of legal, economic, technological and necessary administrative means to prevent improper intervention, standardize monitoring behavior, strengthen departmental collaboration, promote information disclosure, and form a synergy of policies and measures.

- clear responsibilities and strengthen supervision. The responsibilities of Party committees and governments at all levels, as well as relevant departments, pollutant discharge units and environmental monitoring agencies should be clearly defined, and the investigation and punishment of fraudulent acts should be strengthened, and strict accountability should be exercised to form a high-pressure deterrent situation.

(three) main objectives. By 2020, the responsibility system for ensuring the quality of environmental monitoring data will be established in an all-round way, the quality management system of environmental monitoring will be improved, the mechanism for preventing and punishing the fraud of environmental monitoring data will be established, and the independent and impartial work of environmental monitoring institutions and personnel will be ensured to ensure that environmental monitoring data are comprehensive, accurate, objective and true.

Two, resolutely prevent improper intervention.

(four) clear leadership responsibilities and regulatory responsibilities. Party committees and governments at all levels should establish and improve the responsibility system and working mechanism for preventing and punishing environmental monitoring data fraud, and take leadership responsibility for preventing and punishing environmental monitoring data fraud. Leading cadres at all levels of the Party and government should take corresponding responsibilities according to their respective responsibilities. For counties (cities and districts) where the problem of fraud is prominent, provincial environmental protection departments may openly interview their heads of government and send letters to local governments for investigation, punishment and rectification. In the counties (cities and districts) interviewed, the environmental protection departments of the municipalities shall, in accordance with the laws and regulations of environmental protection law and other relevant provisions such as the Measures for the Investigation of Responsibility for the Damage to the Ecological Environment of Party and Government Leading Cadres (Trial Implementation), put forward suggestions on the handling of such sanctions as admonishment and encouragement, organizational treatment, Party discipline and government sanctions, and transfer of justice. Local Party committees and governments handle the cases according to law and discipline, and report the results in writing to provincial environmental protection departments, municipal Party committees and governments. Areas interviewed by the Ministry of Ecological Environment or provincial environmental protection departments shall be handled in accordance with the procedures prescribed in the Opinions and the relevant requirements of the Ministry of Ecological Environment.

Environmental protection and quality and technology supervision departments at all levels should establish a joint supervision and inspection notification mechanism, fulfill their regulatory responsibilities and share information with environmental monitoring agencies according to law. Other relevant departments should strengthen the data quality management of their environmental monitoring organizations and standardize their environmental monitoring behavior. Where the relevant departments find that they have tolerated or failed to supervise fraudulent acts, and other acts that fail to perform their duties according to law, they shall, in accordance with laws, regulations and relevant provisions, transfer the irregularities clues of the directly responsible persons in charge and other responsible persons to their post appointment and removal organs or supervisory organs, and investigate their responsibilities in accordance with discipline and law.

(five) strengthen prevention and punishment. It is clear that environmental monitoring agencies and their responsible persons are responsible for the authenticity and accuracy of data, and resolutely prevent and punish improper intervention. In strict accordance with relevant laws, regulations and management measures, we should standardize the investigation and punishment of improper interference by leading cadres and relevant staff of the Party and government, and bring it into the scope of provincial environmental protection supervision. Governments at all levels, environmental protection departments of governments at or above the county level and other departments responsible for environmental protection supervision, if there are any departments that instruct them to tamper with or falsify monitoring data, the persons directly in charge and other persons directly responsible shall be punished with demerit, gross negligence or demotion in accordance with the Environmental Protection Law; if serious consequences are caused, they shall be withdrawn. The principal responsible person should take the blame and resign. Leading cadres of the Party and the government, taking advantage of their positions, restrict, interfere with and obstruct the supervision and enforcement of environmental monitoring data quality, and instruct them to tamper with or falsify environmental monitoring data, shall be dealt with in accordance with relevant provisions.

(six) implement intervention to mark and record. Environmental monitoring institutions and personnel have the responsibility and obligation to mark and record interventions. They should leave marks throughout the course of improper acts such as impacts, interference or instructions to intervene in monitoring activities. They should record comprehensively and truthfully the subjects and specific ways of intervention, and report them to Party committees and higher authorities at the same level or to disciplinary inspection and supervision organs. Report. Information such as instructions, letters, oral opinions or suggestions on the intervention of Party and government leading cadres and staff of relevant departments in environmental monitoring should be left in the whole process, extracted according to law, stored in media and filed for reference. Relevant persons who falsely record or conceal improper interventions and cause serious consequences shall be notified, criticized and warned in accordance with the regulations.

Three, vigorously promote the Department's environmental monitoring cooperation

(seven) unified environmental monitoring network and information release. In accordance with the requirements of unified national deployment, provincial environmental protection departments, together with relevant departments, are responsible for the construction of Liaoning Province's environmental quality monitoring network, strengthening communication and coordination, actively promoting the establishment of inter-departmental cooperation mechanism, and carrying out environmental quality monitoring activities. All kinds of environmental monitoring organizations at all levels, pollutant discharge units and other organizations carrying out environmental monitoring activities should carry out monitoring activities in accordance with the unified environmental monitoring standards and norms, and effectively solve the inconsistency and incomparability of similar environmental monitoring data in different departments.

The establishment of environmental quality information coordination mechanism, realize the sharing of information of monitoring data of environmental quality, the provincial environmental protection department regularly pooled data for monitoring environmental quality in the province, according to the unified release of the province's environmental quality and other major environmental information. Where environmental quality information issued by other departments responsible for environmental protection supervision or related departments involves the content of environmental quality, they shall consult with environmental protection departments at the same level or adopt environmental quality information publicly released by provincial environmental protection departments according to law.

(eight) improve the connection mechanism between administrative law enforcement and criminal justice. All levels of environmental protection departments and public security, procuratorial organs should establish cooperation mechanisms in the environmental monitoring data, and verified the case transferred to practise fraud case and other links to the effective convergence. The environmental protection department verified the falsification of environmental monitoring data cases, does not constitute a crime, the punishment in accordance with relevant laws and regulations, shall be transferred to public security organs according to law; suspected of a crime, it shall make the transfer of a suspected criminal case book, survey report, field survey records, the list of items such as evidence The materials shall be transferred to the public security organs at the same time and sent to the procuratorial organs at the same level. The public security organ shall accept it in accordance with the law and notify the environmental protection department in writing within a prescribed time limit whether to file a case. The procuratorial organs to fulfill their legal supervisory duties according to law, the criminal responsibility should be investigated, bring a lawsuit to the people's court at the same level according to law. The procuratorial organs and the environmental protection departments of public security, the discharge of pollutants exceed the standard briefing, environmental enforcement inspectors report to implement the sharing of information resources of enterprises.

Four, strictly regulate the monitoring behavior of pollutant discharge units.

(nine) implement the main responsibility of the quality of self monitoring data. Sewage discharge units shall formulate their own monitoring schemes in accordance with the requirements of laws and regulations and the management system of pollutant discharge permits, standardize the establishment of sewage outlets, monitoring holes and operating platforms, carry out their own monitoring in accordance with unified environmental monitoring standards and technical specifications, keep complete original records and monitoring reports, and publish relevant monitoring letters in accordance with regulations. Interest. The pollutant discharge unit is responsible for the authenticity of the self-monitoring data, and for the monitoring service behavior of the operation and maintenance organization of the automatic monitoring equipment or the environmental monitoring organization that provides services for it. Environmental protection departments shall, according to law, impose continuous penalties on pollutants discharged illegally by means of tampering with or forging monitoring data.

(ten) clear requirements for automatic monitoring of pollution sources. The system of self monitoring and environmental quality monitoring of the key pollutant discharge units should be established. In accordance with the relevant provisions of the State, a platform for direct transmission of monitoring data is established, and relevant systems are improved. The relevant information such as the original data of self-monitoring and environmental quality monitoring of key pollutant discharge units is transmitted directly to the national platform.

Key pollutant discharge units shall install and use automatic monitoring equipment of pollution sources according to law, and connect with monitoring equipment of environmental protection departments. Build a unified real-time online monitoring system in the whole province, and gradually realize the nationwide networking of automatic monitoring data. According to the relevant regulations of the state and the province, the automatic monitoring equipment is regularly checked and calibrated to ensure its normal operation, the data is true and accurate, to meet the management requirements of the environmental protection department, and the automatic monitoring results are made public. Video surveillance facilities are gradually installed at pollution control facilities, monitoring stations and discharge outlets, and networked with environmental protection departments in various regions. In accordance with the relevant requirements of the state, cancel the environmental protection department responsible for the effectiveness of the audit. Key pollutant discharge units carry out manual comparison of automatic monitoring of pollution sources according to relevant standards and norms, and deal with abnormal situations in time to ensure the integrity and effectiveness of monitoring data. After metrological verification or calibration, the automatic monitoring data of the qualified and normal operation of the automatic monitoring equipment can be used as the basis for environmental administrative punishment and other supervision and law enforcement.

Five, accurately define the quality responsibility of environmental monitoring agencies.

(eleven) establish the responsibility retroactive system of "who is responsible, who is responsible". Environmental monitoring agencies and their responsible persons are responsible for the authenticity and accuracy of their monitoring data. Monitoring analysts are the first responsible person for data quality, and they are directly responsible for the authenticity and accuracy of monitoring data; the auditors and authorized signatories of data, reports are the main responsible persons, and they bear the main leadership responsibility. Sampling and analysis personnel, auditing and authorized signatories are responsible for the authenticity of original monitoring data and monitoring reports for life. Those who intentionally influence or interfere with the normal development of environmental monitoring activities through illegal and illegal operations, or directly tamper with or falsify monitoring data, shall be investigated for responsibility in accordance with discipline and law.

(twelve) implement the environmental monitoring quality management system. The environmental monitoring agency shall obtain the qualification certificate for inspection and testing institutions according to law. The quality and technical supervision departments shall strictly control the entry barriers and refuse to issue certificates of qualification for environmental monitoring institutions that do not comply with the relevant provisions. Environmental monitoring organizations should establish and improve the internal quality management system in accordance with the management requirements of the whole process of covering distribution points, sampling, on-site testing, sample preparation and transportation, analysis and testing, data transmission, evaluation and comprehensive analysis report preparation, so as to realize traceability and transmission of all elements of environmental monitoring activities, as well as the whole process. Quality Control. Instruments and equipment specially used for on-line automatic monitoring and monitoring should meet the requirements of standards and specifications in environmental protection and related industries, and establish quality control systems such as traceability and transmission of automatic monitoring values. Environmental monitoring agencies should regulate the procurement and use of reference materials. The reference materials used in environmental monitoring activities should be certified reference materials or standard materials with traceability.

Six, severely punish environmental monitoring data fraud.

(thirteen) seriously investigate and supervise the fraud of monitoring organizations and personnel. Socialized environmental monitoring agencies, motor vehicle exhaust detection agencies, environmental monitoring equipment and facilities operation and maintenance agencies will be included in the market supervision list. Environmental protection, quality and technology supervision departments will carry out "double random" inspection on various environmental monitoring agencies to strengthen supervision after the event. Organize special actions to combat fraudulent acts of environmental monitoring data, intensify the investigation and punishment of fraudulent acts, strictly enforce the law and seriously hold accountable. If environmental monitoring institutions and personnel engage in fraud or participate in fraud, environmental protection, quality and technical supervision departments and public security organs shall deal with and punish them according to law; if suspected of committing a crime, they shall be transferred to judicial organs to investigate the criminal responsibility of the persons responsible according to law. Personnel engaged in the maintenance and operation of environmental monitoring facilities who commit or participate in tampering with, forging automatic monitoring data, interfering with automatic monitoring facilities and destroying environmental quality monitoring systems shall be given heavier punishment according to law.

Where an environmental monitoring institution commits fraud in providing environmental services and is liable for environmental pollution and ecological damage, in addition to punishment according to law, when the procuratorial organ, social organization and other organs prescribed by law institute civil public interest litigation or the administrative organ authorized by the provincial government institute lawsuit for compensation for ecological environmental damage according to law. Environmental monitoring agencies may be required to bear joint and several liabilities with other persons responsible for environmental pollution and ecological damage.

(fourteen) crack down on the fraud of sewage disposal units. Environmental protection departments at all levels should adopt intelligent, real-time and dynamic management and control techniques, establish monitoring data quality supervision and inspection mechanism for pollutant discharge units, and severely punish fraudulent acts by random random sampling and special inspection. Environmental protection departments and public security organs shall punish those who commit fraudulent acts of monitoring data in sewage discharge units according to law; those who instruct or instruct environmental monitoring agencies or monitoring equipment operation and maintenance agencies to commit fraudulent acts such as tampering with or forging monitoring data shall be given heavier punishment according to law; those who are suspected of committing crimes shall be handed over to judicial organs for direct investigation according to law. The responsible person in charge and other responsible persons shall bear criminal responsibility and impose a fine on the unit; if the legal representative of the sewage discharge unit orders, instructs, instructs or acquiesces in the fraud of monitoring data, he shall be investigated for responsibility in accordance with discipline and law.

(fifteen) promote joint disciplinary action. Fraud in environmental monitoring data is incorporated into the Joint Disciplinary Mechanism for environmental violations. Environmental protection departments at all levels should make the environmental monitoring data punished according to law fraudulent enterprises, institutions and personal information public to the society, and incorporate it into provincial credit data exchange platform and national credit information sharing platform according to law. At the same time, they should incorporate enterprise illegal information into national enterprise credit information publicity system according to law, and implement dishonest association. To punish and punish a place is illegal and confined everywhere. Environmental monitoring agencies, equipment operation and maintenance agencies, or suppliers of monitoring instruments and equipment with fraudulent environmental monitoring data, shall be included in the "blacklist" of monitoring services, and their participation in government procurement and purchase of services shall be prohibited.

(sixteen) strengthen social supervision. Extensive publicity and education should be carried out to publicize relevant laws, regulations and regulations to relevant government departments at all levels, environmental protection departments, pollutant discharge units, social environmental monitoring institutions, operation and maintenance agencies of monitoring equipment and facilities, and to the public in various ways, such as news publicity and special training, so as to improve the quality of all parties. Sense of quantity and law-abiding consciousness and encourage public participation. We will improve the reporting system, incorporate the monitoring and reporting of fraudulent environmental monitoring data into the scope of "12369" environmental protection reporting and "12365" quality and technical supervision reporting, broaden reporting channels, and explore ways of reporting such as opening up networks and Wechat. Strengthen market supervision, standardize market service behavior of environmental monitoring, promote the establishment and orderly operation of environmental monitoring industry associations, give full play to the role of industry self-discipline, standardize and restrict the monitoring behavior of environmental monitoring institutions and practitioners, create a healthy and fair market environment for environmental monitoring services, and promote social environmental monitoring Agencies continue to improve data quality and service levels.

Seven, accelerate the improvement of environmental monitoring quality supervision capability.

(seventeen) improve the rules and regulations. We will further establish and improve local regulations, government regulations and management systems related to environmental protection in provinces and cities, and increase penalties for fraudulent environmental monitoring data. Those who embezzle, damage or move without authorization or change the monitoring points, facilities and automatic monitoring equipment for pollutant discharge shall be punished according to law. Establish linkage mechanism of environmental monitoring and law enforcement, joint law enforcement mechanism between environmental protection departments and public security organs, and severely crack down on fraudulent practices of pollutant discharge units, environmental monitoring agencies and related personnel. Explore and study the environmental monitoring personnel's professional behavior norms and the self-evidential management system of the authenticity of environmental monitoring data of sewage discharge units. In accordance with the national unified technical specifications, we will promote the standardized construction and operation of environmental monitoring data collection, transmission and storage.

(eighteen) improve the quality management and guarantee system. Provincial environmental protection departments should organize and build a unified real-time online monitoring network of pollution sources throughout the province, implement 24-hour supervision of key pollutant discharge units, and strengthen the application of automatic monitoring and other technical means in supervision and law enforcement. Strengthen and improve the construction of key laboratories of environmental monitoring technology at provincial level, build key laboratory groups of environmental monitoring technology with existing resources, and improve the level of environmental monitoring technology and quality control. Strengthen the ability of quality control and management of regional environmental monitoring, undertake the task of quality control of environmental monitoring in Northeast China in accordance with the unified deployment of the state, and supervise the whole process of environmental quality monitoring activities in the region. Financial departments at all levels should cooperate with the construction of environmental monitoring capacity and fund guarantee for daily work, improve the fund guarantee mechanism, and bring the supervision and law enforcement funds such as monitoring quality supervision and inspection and automatic monitoring into the scope of financial guarantee at the same level.

(nineteen) strengthen the application of high technology. Enhance the application of large data, artificial intelligence, satellite remote sensing and other high-tech in environmental monitoring and quality management. Through the whole process monitoring of environmental monitoring activities, realize the intelligent identification and automatic alarm of abnormal data. Scientific research institutions are encouraged to declare and undertake key R&D projects at national and provincial levels, and to carry out research on new technologies, methods and whole process quality control technologies for environmental monitoring. Accelerate the research and development and application of portable, fast and automatic monitoring instruments and equipment, and improve the scientific and technological level of environmental monitoring.

Relevant departments of cities and provinces directly under the Central Committee of the Communist Party of