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MEP Reply to Clarify "Letting and Dumping Water Pollution via Other Manners"

November 20, 2008

On November 20, 2008, the Ministry of Environmental Protection ("MEP") issued the Reply on the Application of 'Discharging Water Pollution by Other Means Evading Supervision' and Related Legal Liabilities under Article 22 of the Law on Prevention of Water Pollution (Huan Han [2008] No. 308) ( "Reply"). The Reply specifies four types of situations that may be viewed as "other means" to discharge water pollution by evading supervision: (i) to discharge water pollution after dilution; (ii) to illegally remove water waste out of the premises for dumping by using a tank or container etc.; (iii) to discharge water waste by using a rain pipe; or (iv) other acts of changing waste water treatment method or discharge without using discharge outlet permitted by law. If an enterprise uses any of the illegal means set forth in the Reply, the relevant authority may order such enterprise to suspend business to rectify the problem.

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