The new Regulations on Protecting Environment in Shanghai (the “Regulations”) with effect as of October 1, 2016 provides 9 subjects of accountability against governmental departments including:

  • Approving the administrative licensing for those not meeting the conditions for administrative licensing;
  • Shielding the environmental violations;
  • Failing to make decision to order the suspension, limitation of production in accordance with the law;
  • Failing to punish without delay after finding or receiving a report of such violations as discharging pollutants in excess of standards or discharging pollutants by means of avoiding supervision, thus leading to environmental incidents, as well as failing to implement the ecological protection measures, thus leading to ecological damage; 
  • Sealing up and detaining in violation of laws and regulations and the circumstance is severe;
  • Manipulating, forging the detecting data or instigating to do so;
  • Failing to disclose the environmental information in accordance with the law; 
  • Withholding or occupying the collected fees for pollutant discharge or divert such fees for other use;
  • Other violations stipulated by laws and regulations

The Regulations prescribe that where any governmental department commits one of the above acts, the persons in direct charge and other persons directly liable shall be given the penalties such as recording a demerit, recording a serious demerit or degradation; where a serious consequence is caused, the penalties such as removal or dismissal shall be imposed and the persons in charge shall take the blame and resign.