First, the competent administrative department of environmental protection shall review the environmental violations found or received through inspection, and decide whether to file a case within 7 days. Two, the competent administrative department of environmental protection of registered environmental violations, must designate a person responsible for the timely organization of investigation and evidence collection. When investigating and collecting evidence, law enforcement officers shall show their administrative law enforcement certificates to the parties concerned or relevant personnel. A record shall be made of the inquiry or investigation. Three, environmental protection law enforcement personnel in the investigation process, have the right to enter the scene to investigate and collect evidence, consult or copy the sewage records and other relevant information. The competent administrative department of environmental protection and its law enforcement personnel shall keep the relevant technical and commercial secrets for the units or individuals under investigation. Four, the competent administrative department of environmental protection to investigate and deal with environmental violations, the need for environmental monitoring, environmental monitoring agencies should be organized or other monitoring agencies confirmed by the competent administrative department of environmental protection to monitor. Environmental monitoring institutions and other confirmed monitoring institutions shall issue environmental monitoring results reports. The report of environmental monitoring results, verified by the competent administrative department of environmental protection, can be used as evidence to investigate and deal with environmental violations. Five, after the investigation, the competent administrative department of environmental protection who organized the investigation shall put forward the facts, evidence and administrative punishment of the illegal act in accordance with the law, and send it to the legal institution of the department for review. 6. The Legislative Affairs Office of the competent administrative department of environmental protection shall examine the following contents of the case: (1) Whether the illegal facts are clear; (2) Whether the evidence is conclusive; (3) Whether the investigation and evidence collection comply with legal procedures; (4) Whether the applicable law is correct; (five) the type and extent of punishment is appropriate; (six) whether the reasons for the statements and defenses of the parties are established. Upon examination, it is found that the illegal facts are unclear, the evidence is insufficient or the investigation and evidence collection does not conform to the legal procedures, and the law enforcement officers who perform the investigation task shall be notified to supplement the investigation and evidence collection or re-investigate and collect evidence according to law. After the review, the legal institution shall put forward opinions and report them to the department head for approval. 7. After deliberation, the person in charge of the administrative department of environmental protection made the following treatments respectively: (1) If the illegal facts cannot be established or the illegal acts are minor, administrative punishment may not be imposed according to law. (2) If the illegal facts are established and it is decided to give administrative punishment, the legal representative of the department will issue a written decision on environmental administrative punishment, and if major environmental violations are punished or given heavier administrative punishment, the department heads will discuss and decide collectively. (3) Where laws, regulations and rules stipulate that administrative punishment must be reported to the superior environmental protection administrative department for approval, it shall be reported in writing, and a decision on punishment can be made only after approval. (4) Where laws, regulations and rules stipulate that the punishment shall be imposed by the people's government, it shall, together with all the case materials, report to the people's government to decide whether to impose administrative punishment. (five) environmental violations violate the criminal law and are suspected of constituting a crime, and the case shall be transferred to judicial organs for criminal responsibility according to law. Eight, the administrative department of environmental protection shall make a decision on administrative punishment according to law, and the legal institution shall be responsible for making the decision on administrative punishment.
Legal objectivity:
Article 338 of the Criminal Law: Whoever, in violation of state regulations, discharges, dumps or disposes of radioactive wastes, wastes containing infectious disease pathogens, toxic substances or other harmful substances, which seriously pollutes the environment, shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; If the circumstances are serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined; (1) Discharging, dumping or disposing of radioactive wastes, wastes containing infectious disease pathogens and toxic substances in key protected areas determined according to law, such as drinking water source protection areas and core protected areas of nature reserves, if the circumstances are particularly serious; (2) Discharging, dumping or disposing of radioactive wastes, wastes containing infectious disease pathogens and toxic substances to important rivers and lakes designated by the state, if the circumstances are particularly serious; (3) Causing a large number of basic functions of permanent basic farmland to be lost or permanently damaged; (4) Causing serious injuries or diseases to many people, or causing serious disability or death. Whoever commits the acts mentioned in the preceding paragraph and constitutes other crimes shall be convicted and punished in accordance with the provisions of heavier punishment. Nine, the decision of the competent administrative department of environmental protection, shall specify the matters prescribed by law. The decision on administrative penalty for fines made by the competent administrative department of environmental protection shall specify the amount, time limit and payment method of fines that the parties should pay, and specify whether to punish the parties for overdue payment of fines. Ten, environmental protection administrative punishment cases from the date of filing, shall make a decision within 3 months. Special circumstances need to extend the time, the competent administrative department of environmental protection shall inform the parties in writing, and explain the reasons. 1 1. The competent administrative department of environmental protection that has made the decision on administrative punishment shall, within 7 days from the date of making the decision on punishment, deliver the decision on administrative punishment to the person who has been punished, and send a copy to the unit related to the case as needed. The addressee shall record the date of receipt on the receipt and sign or seal it. The date of receipt by the addressee is the date of delivery. If the addressee refuses to sign for it, the addressee shall invite relevant personnel to witness and explain the situation, record the reasons and date of refusal on the service receipt, and leave the punishment decision to the addressee, which shall be deemed as service. When the addressee is absent, the leader of the unit where the addressee works or adult family members can sign for it on his behalf.