Mr. Yang complained that the Sichuan restaurant downstairs smoked people.
There are several restaurants downstairs in Building 5, Ma ‘anchi East Road. Huang Pan/photo
Wenzhou Net News The Sichuan Restaurant downstairs has been open for more than a month, and the residents upstairs in Building No.5, Ma ‘anchi East Road in the urban area report that they "eat" oil smoke almost every day. Mr. Yang said that he had complained to the relevant departments many times and the problem was still difficult to solve.
Why is a complaint handled by multiple departments embarrassing? Since last year, the pre-approval of industrial and commercial registration has been changed to post-approval, which greatly facilitates the work of citizens and enterprises, and also tests the cooperative management ability of relevant departments. According to the municipal supervision department, with the introduction of new measures, EIA is no longer a precondition for obtaining a business license, which means that restaurants can take photos first and then EIA. The environmental protection department said that after individual restaurants took photos, they opened without environmental assessment, and the environmental protection department had no right to punish. "There are individuals who exploit the loopholes in the early stage, and our management pressure in the later stage is naturally great." A person from the Municipal Bureau of Urban Management and Administrative Law Enforcement said this.
"Representative Online" is concerned today: How to stop the "leaked" lampblack?
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It’s hard to be smoked by "boiled fish" in the restaurant downstairs every day
Mr. Yang, a resident, said that the place where he lives was quiet and comfortable. Since the opening of the Sichuan restaurant downstairs, he has been smoked by the smell of "boiled fish" and "fried peppers" every day, which is really hard. "Not to mention the noise of the restaurant, it is this smell that makes us afraid to open the window."
Recently, the reporter came to this restaurant downstairs by Mr. Yang as an ordinary customer. The manager revealed that the business license was available, but no environmental assessment was made. When asked about the smell, what should I do if it affects the residents upstairs? The manager said, "The taste is there, but you should understand it when doing business."
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How did the restaurant complained about open?
The soot management of catering enterprises from start-up to later stage involves many departments such as municipal supervision, environmental protection, urban management and administrative law enforcement. Then, how did the restaurant complained by Mr. Yang and other residents open, and how should this matter be solved?
Lucheng District State Administration for Market Regulation Administrative Examination and Approval Branch Registration Section:
Supervise difficult restaurants in advance and get a license before EIA.
To open a restaurant for business, you must first obtain a license and a photo (business license and catering service license) from the municipal supervision department.
The "Instructions for Individual Industrial and Commercial Households to Apply for Business Licenses" in the Accreditation Hall of State Administration for Market Regulation Shui Xin Prison in Lucheng District lists the materials needed to apply for the above licenses, including the house lease contract or the certificate of free use, the copy or certificate of real estate license, the copy of health certificate, etc., and does not require the provision of "environmental assessment" materials.
The staff of the accreditation hall of the Shui Xin Municipal Supervision Office said that after individual industrial and commercial households obtain their licenses, the municipal supervision department will give them a "notice sheet for handling the license first" to remind them to go through relevant procedures with the environmental protection department. "Now the EIA is all post-positioned."
The relevant person in charge of the Registration Section of State Administration for Market Regulation Administrative Examination and Approval Branch of Lucheng District said that before, the approval of environmental protection was a prerequisite for obtaining a business license. After the implementation of the new measures, the municipal supervision department only examines the places of catering and employees to see if they have the main qualifications.
The person in charge also said that at present, there is no networking between the two departments, which means that if catering enterprises do not go to the environmental protection department to handle the relevant licensing procedures consciously, it is difficult for the environmental protection department to effectively supervise enterprises with possible pollution beforehand.
Lucheng District Environmental Protection Bureau Examination and Approval Section:
The environmental protection department is responsible for approval and acceptance, but has no law enforcement power.
Ni Lujing, chief of the examination and approval section of Lucheng District Environmental Protection Bureau, said that at present, the main basis for the examination and approval of the catering industry by the environmental protection department is the Detailed Rules for the Examination and Approval of Environmental Impact Assessment Documents of Wenzhou Catering and Entertainment Industry, and the EIA application materials of catering enterprises can only pass the examination and approval if they meet the provisions in the Detailed Rules. After the examination and approval, the catering enterprise shall apply to the local environmental protection office for acceptance. Only after the acceptance is qualified can the catering place be officially put into use.
However, some people in the environmental protection department admitted frankly that from the submission of EIA materials to the final acceptance, it mainly depends on "corporate consciousness". "The environmental protection department has no law enforcement power, so if catering enterprises don’t take the initiative to do environmental assessment, the environmental protection department can’t punish them."
Law Enforcement Supervision Department of Urban Management and Administrative Law Enforcement Bureau:
There are many ways for illegal bosses to escape punishment.
According to incomplete statistics, at present, there are nearly 3,000 restaurants in Lucheng, Ouhai and Longwan districts, among which small restaurants account for a high proportion.
The person in charge of the law enforcement supervision department of the Municipal Bureau of Urban Management and Administrative Law Enforcement said that after receiving complaints about oil fume pollution, law enforcement departments will require catering enterprises to rectify. Law enforcement departments have the right to impose heavy penalties on those who refuse to make rectification or rectification is not in place.
"If citizens complain about cooking fume pollution, we need to monitor it, and if the results exceed the standard, we can file a case for investigation." The person in charge said that the soot pollution index needs professional and authoritative testing.
In addition, even if a case is filed, many restaurant owners will try their best to escape punishment in law enforcement.
"It is often the case that when a restaurant is to be punished, the boss directly closes the store or transfers it, and some even go to the municipal supervision department to change its name." The person in charge said that once the restaurant is transferred or the business owner changes, the law enforcement department can only terminate the investigation procedure.
The municipal supervision department revealed that if the materials submitted by individual industrial and commercial households meet the management norms, they must change their names according to law.
Discussion on how to stop the "leaked" oil fume.
Yesterday, Xu Xudong, a sociologist at Wenzhou University, talked about how to stop the "leaked" lampblack: "The post-EIA procedure gives enterprises more convenience and freedom. At the same time, it also increases the management difficulty of relevant departments. The resolution of this contradiction requires better connection between various departments. "
At 10: 00 this morning, Ye Hongkang, deputy director of Lucheng District Market Supervision Administration, Ni Lujing, chief of the examination and approval department of Lucheng District Environmental Protection Bureau, Xie Jianguang, deputy director of Lucheng District Urban Management and Administrative Law Enforcement Bureau, Jiang Yongxiao, a partner and lawyer of Beijing Deheng (Wenzhou) Law Firm, and Chen Yong, a representative of the provincial people’s congress, will be invited to discuss this issue in depth, so please pay attention. You can send Weibo @ Wenzhou. com to represent online, or call the news hotline 56686612 and 88097055 to leave an interactive message.