Discharge Permit System Under The Perspective Of Integration

Countries regulate economic activities which may affect environment through the law,policy and system design including discharge permit system.Discharge permit is not only the law document which can clear the rights and obligations and regulate the behavior of the dischargers,but also the law enforce foundation of supervisionIn China,discharge permit system has the following disadvantages: first of all,the special laws and regulations of discharge permit system do not exist.The lack of the central legislation not only decrease the maneuverability of the regulations about discharge permit system but also results local legislation absence of law testimonies and the system design is not unified and rigorous.Secondly,discharge permit system only applies to water and atmospheric pollution prevention and control field.The environmental noise,solid waste and other pollution prevention and control field is still in a blank state.Thirdly,different areas of pollutants lack of unified regulation.Fourth,the regulation of public participation of discharge permit system is still blank.Fifth,the procedure is not standardized and the authority among the subjects of different levels is undefined.Sixth,discharge permit system doesn't have close connection with other environmental legal system and causes the goals of environmental legal system cannot be reached.Discharge permit system first appeared in Sweden.After innovation and development in practice in many countries,discharge permit system occupies the important position of environmental legal system in many countries.Discharge permit system in the United States covers the environmental standards,environmental monitoring and environmental impact assessment system of environmental law and so on.All the obligations are clearly specified in the terms of the discharge permits.Discharge permit is the basis for regulators determines whether dischargers are in violation of the law and carry out regulation activities.Regulators can restraint dischargers through conduct a license..According to the disadvantage of discharge permit system in China at present and in combination with the practice of other countries and regions,discharge permit system in China should be improved the following: firstly,promote the legislative process and firm the legal position of discharge permit system.Secondly,implement “one permit style” discharge permit system,perfect the procedures and carry out all-around supervision.Thirdly,integrate discharge permit system with other environmental legal system.The total amount control system and the environmental standards system will be the basis for the determination of discharge permits.Implementing the solution obtained after the environmental impact assessment process and the public participating program will be a precondition.The “three simultaneity” system will be incorporate into discharge permit system.Environmental information disclosure system,environmental standards and total amount control system will be obligation attached items in discharge permit.Integrating will make all environmental legal system link closely,cooperate with each other,and play their respective and overall effect on environmental protection.Finally,in the process of integration,refactoring the relationship in discharge permit system among administrative organizations,polluters and public,and establish a tripartite consultation mechanism.Performance general rules and the rights and obligations in licence terms on the basis of fully communicate.The public can use discharge permit system to supervise polluters and give the administrative organizations or polluters feedback,thus to protect their legitimate rights and interests.