陕西新修订生态环境行政处罚裁量权基准

Core Points - The 2025 version of the Administrative Penalty Discretionary Power Benchmark in Shaanxi Province has been revised to enhance ecological environment protection through stricter regulations and legal frameworks [1] - The new benchmark specifies 7 circumstances for heavier penalties, 6 for lighter or reduced penalties, and 21 scenarios where no penalties are applicable, reflecting a comprehensive approach to environmental law enforcement [1][2] Summary by Categories Penalty Guidelines - The new guidelines change the penalty application rules from a two-tier adjustment based on discretionary power levels to a 20%-40% increase or decrease in penalty amounts calculated from the discretionary power benchmark [2] - Conditions for light penalties have been established, where more than three minor violations within a year will result in legal penalties [2] Environmental Damage Compensation - Adjustments have been made regarding the responsibility for ecological environment damage compensation, allowing for lighter or reduced penalties for those who actively fulfill their compensation obligations within the administrative penalty timeframe [2] Practical Adjustments - The benchmark has been updated to better align with enforcement practices, such as increasing the threshold for penalties related to wastewater treatment plants from less than 10,000 tons to less than 30,000 tons of daily discharge [2]