Reasonable Emergency Responsibility In Pollution Prevention Law

Frequent and disastrous consequences of environmental pollution incidents, is amajor challenge in our country’s environmental protection realm. In order to solve thisproblem, Pollution Control Acts set varying degrees to polluter’s emergency disposalresponsibility.Newly revised water pollution control act2008, setting express chapter of the disposalof water pollution accident to strengthen legal regulation of water accident, is the mostcomprehensive pollution prevention act. However, environmental pollution accidentgovernance can not make the public satisfied. polluters’ absence of pollutiongovernance is the root cause. pollution prevention is an important responsibility ofenterprises’ which engaged in production activities. State Environmental ProtectionAdministration pollutant emissions statistics proved that,80%of the emissions comefrom business. While our country’s auto-Government environmental pollution handlingmechanism, seriously polluters taking reasonable measures to bear the responsibilitiesof pollution incidents. Awaken the sense of polluters and improved the execution of itsresponse to pollution are the key factor. Polluters’ reasonable responsibility, is notlimited to major incident, nor to wait until the pollution happened. It should beimplemented on day-to-day production activities. We should clearly understand thatreduce and avoid environmental pollution incidents, response to the occurred pollutionincident and minimize the damage caused by the accident are polluter’s importantresponsibilities. This paper focus on enterprises’ reasonable responsibility to emergencymeasure, analyzed responsibility of accident disposal measures’ legislative situation,problem exist in the applicable and try to ameliorate polluters’ reasonable emergencymeasure.Essay divided into five parts:First part, through interpretation of polluter pay principle, pointed that pollutionincident’s main bearers is the enterprise rather than the Government. Clear the mainobject of this paper.Second part, combing the vested polluters’ disposal measures, introduce currentlythe most comprehensive pollution emergency measure of polluters in water pollutioncontrol act.The third part, introduce current laws’ fulfillment in polluters’ responsibilitymeasure dealing with emergency and point that during settling the obligation, exit someproblem, such as conceal and misstate information of pollution accident, contingencyplans’ formulation unscientific. Through cause analysis,the author believes thatpollution prevention laws’ different expression on polluter’s emergency measure, anddifferent level on emergency requirements are important reason that can not implementpolluter’s responsibility.The fourth part, the author try to analysis different expression of polluters’ emergency measure responsibility and to find the best path to express polluter’semergency disposal responsibility, that is polluter’s reasonable responsibility ofemergency accident. then analysis the necessity of this responsibility.The fifth part, form enterprise aspect, public participation aspect and setting strictenvironmental liability aspect, author raised some proposal to push on polluter’sreasonable responsibility on emergency accident.