Case Review

 

Recently, during an on-site inspection, law enforcement officers from the Rencheng District Branch of the Jining Municipal Ecology and Environment Bureau discovered… A steel pipe company in Jining does not use fume collection and treatment equipment in its steel pipe repair welding process. . Under previous relevant regulations, for such conduct, enterprises were required not only to make immediate rectifications but also To pay Fines ranging from 20,000 to 200,000 yuan were imposed. However, after the company promptly implemented corrective measures, it did not receive a penalty notice.

 

Guo Pengcheng, Chief of the Policy and Regulations Section of the Rencheng Branch of the Jining Municipal Ecology and Environment Bureau, told the editor: “The enterprise’s illegal conduct” In compliance with Shandong Province In accordance with the requirements of the “List of Minor Violations Not Subject to Administrative Penalties and General Violations Subject to Reduced Administrative Penalties,” effective June 1, 2020, it has been decided, after deliberation, not to impose any administrative penalty. 。”

 

In the past, during law enforcement, some enterprises’ minor, non‑intentional violations did not involve profit-making or harm to others. Yet once regulatory authorities imposed penalties, such measures not only placed a financial burden on fledgling businesses but also adversely affected their credit standing. To address this issue, Shandong has improved its mechanism for issuing exemption-from-penalty lists, clearly specifying the circumstances under which no penalty will be imposed. 267 items of unlawful conduct.

 

Han Yi, Chief Legal Counsel of the Foreign Affairs Office of the Shandong Provincial People’s Government, said: “Our mechanism of the non-punishment list does not mean that no penalties will be imposed or that there will be no oversight; rather, it shifts away from the previous approach of using punishment in lieu of regulation and serves as an important indicator of our transition toward a service‑oriented law‑enforcement model. It has fundamentally altered the prior management practice whereby many enterprises were effectively ‘struck down’ for even minor infractions.”

 

When addressing environmental issues, some regulatory authorities may fail to raise concerns or disagreements may arise. Regardless of whether they are unlawful, they employ… The “shutdown” approach. Over the past two to three years, during local environmental inspections, a one-size-fits-all policy has not been uncommon.

 

1 State Council: Repeated law enforcement by multiple departments has seriously harmed the interests of enterprises.

 

“According to the inspection records from our environmental protection system, Some enterprises in the south, last year ( From May 2020 through the end of the year, over a six-month period, I was inspected more than 30 times. . In In the north, such as the Beijing–Tianjin–Hebei region and its surrounding areas, some key industrial enterprises that contribute to particulate matter emissions, In 2020, it was inspected more than 40 times. . However, you will find These companies have, by and large, not engaged in any illegal activities. 。”

 

January 14th At a policy briefing held by the Ministry of Ecology and Environment, Yan Jingjun, Deputy Director-General of the Department of Ecological and Environmental Law Enforcement, stated frankly when outlining the background for optimizing law enforcement approaches to enhance the effectiveness of ecological and environmental protection.

 

According to the Ministry of Ecology and Environment, the ministry has, in principle, reviewed and approved… “On the issue of ecological and environmental problems that have drawn strong public concern—failure to act in peacetime, but acting only when an emergency arises…” Report on the Special Rectification Campaign Addressing “One-Size-Fits-All” Issues . The Ministry of Ecology and Environment emphasized “A one-size-fits-all” approach is not suitable for every issue; once such a situation is identified, There is one investigation after another; this is absolutely intolerable. ； The “one-size-fits-all” approach is primarily a problem stemming from an unsound work style and inadequate competence, and it should be addressed at a deeper level. 。

 

State Council: Repeated law enforcement by multiple departments has seriously harmed the interests of enterprises.

 

“According to the inspection records from our environmental protection system, Some enterprises in the south, last year ( From May 2020 through the end of the year, over a six-month period, I was inspected more than 30 times. . In In the north, such as the Beijing–Tianjin–Hebei region and its surrounding areas, some key industrial enterprises that contribute to particulate matter emissions, In 2020, it was inspected more than 40 times. . However, you will find These companies have, by and large, not engaged in any illegal activities. 。”

 

January 14th At a policy briefing held by the Ministry of Ecology and Environment, Yan Jingjun, Deputy Director-General of the Department of Ecological and Environmental Law Enforcement, stated frankly when outlining the background for optimizing law enforcement approaches to enhance the effectiveness of ecological and environmental protection.

 

According to the Ministry of Ecology and Environment, the ministry has, in principle, reviewed and approved… “On the issue of ecological and environmental problems that have drawn strong public concern—failure to act in peacetime, but acting only when an emergency arises…” Report on the Special Rectification Campaign Addressing “One-Size-Fits-All” Issues . The Ministry of Ecology and Environment emphasized “A one-size-fits-all” approach is not suitable for every issue; once such a situation is identified, There is one investigation after another; this is absolutely intolerable. ； The “one-size-fits-all” approach is primarily a problem stemming from an unsound work style and inadequate competence, and it should be addressed at a deeper level. 。

The General Office of the State Council has issued the “Notice on Issues Concerning Comprehensive Administrative Law Enforcement for Ecological and Environmental Protection.” It calls for steadily advancing the reform of comprehensive administrative law enforcement in this field, coordinating administrative law enforcement functions and the allocation of enforcement resources, effectively addressing the problem of redundant enforcement across multiple authorities and at various levels, and ensuring that law enforcement is rigorous, standardized, fair, and civilized.

 

Many localities have responded to the new policy.

 

Notice from the Zhejiang Provincial Department of Ecology and Environment and the Zhejiang Provincial Comprehensive Administrative Law Enforcement Guidance Office on Issuing the “List of Minor Environmental Violations in Zhejiang Province Not Subject to Penalties (Trial)”

 

To the Ecological Environment Bureaus and Justice Bureaus of all prefecture-level cities:

To implement the decisions of the Provincial Party Committee and the Provincial Government, In line with the spirit of the “delegation, regulation, and service” reform, as well as the Regulations on Optimizing the Business Environment and the Zhejiang Province Regulations on Promoting the Development of Private Enterprises, we will explore the implementation of inclusive and prudent regulatory measures in the field of ecological environment, further stimulating market vitality and fostering the sustained, healthy development of our province’s economy. In accordance with the Administrative Penalty Law of the People’s Republic of China, the Measures for Environmental Administrative Penalties, and other relevant provisions, we hereby issue and implement the “Zhejiang Province List of Minor Ecological and Environmental Violations Not Subject to Administrative Penalties (Trial)” (hereinafter referred to as the “List”), as follows:

I. Fully Recognize the Significant Importance of Formulating and Implementing the “List”

Formulating and implementing the “List” is a measure to carry out the guiding opinions of the CPC Central Committee and the State Council on building a modern environmental governance system, and to deepen the efforts of the provincial Party committee and provincial government. The specific measures for the “delegation, regulation, and service” reform in the field of ecological environment are conducive to continuously optimizing our province’s business environment and promoting the coordinated development of the economy, society, and ecological conservation. In accordance with the Ministry of Ecology and Environment’s “Guiding Opinions on Further Standardizing the Exercise of Discretionary Powers in Environmental Administrative Penalties,” the List refines enforcement discretion in the ecological and environmental domain, concretizing and standardizing minor violations that, under the law, are not subject to penalty. This provides enforcement officers with clear guidance for their work, helping to further enhance the precision of enforcement in the province’s ecological and environmental sector, better regulate enforcement practices, continuously improve enforcement effectiveness, and promote strict, standardized, impartial, and civilized law enforcement in the area of ecological and environmental protection.

II. Diligently ensure the effective implementation of the “List”

The “List” is in accordance with the provisions of Article 27, Paragraph 2 of the Administrative Penalty Law of the People’s Republic of China. The refinement of the principle that “minor violations that are promptly rectified and have not resulted in any harmful consequences shall not be subject to administrative penalties” within the field of ecological and environmental protection represents a further deepening of our province’s implementation of the list‑based system for notification and commitment regarding minor violations. Specifically, this covers five areas—project construction management, water pollution prevention and control, air pollution prevention and control, solid waste pollution prevention and control, and environmental information disclosure—encompassing a total of ten matters that will not incur penalties. All localities are required to comply with these provisions, organize all enforcement personnel to thoroughly study and master the contents of the List, become familiar with the specific conditions for its application, and strictly adhere to the established enforcement standards. For environmental violations that fall within the circumstances set forth in the List, decisions not to impose penalties shall be made in accordance with the law.

III. Strict Procedures for Applying Non-Punishment

For minor violations that meet the criteria for non‑imposition of a penalty, an investigation shall be conducted in accordance with the Administrative Penalty Law of the People’s Republic of China, the Measures on Environmental Administrative Penalties, and other relevant provisions. A recommendation to refrain from imposing a penalty shall be submitted. Prior to issuing a decision of non‑imposition of a penalty pursuant to the List, the administrative counterpart shall be informed of the specific contents of the applicable List, their statements and defenses shall be heard, and such statements and defenses shall be verified. Following legal review and collective deliberation by this agency, a decision of non‑imposition of a penalty shall be rendered, a written decision shall be issued, and the case shall be properly closed and filed.

The ecological and environmental authorities shall provide necessary guidance and services to administrative counterparts, and educate and guide them to voluntarily comply with the law. For cases where on-the-spot rectification or time-limited rectification is required but no penalty is imposed, enforcement officers shall record the facts of the violation in the on-site inspection report, issue a decision ordering the correction of the illegal act, and, upon verification that the party has committed to and completed the rectification, refrain from imposing a penalty. If the party refuses to rectify, fails to do so within the prescribed time limit, or, even after rectification, still fails to meet the requirements, the matter shall be handled in accordance with the law. During on-site inspections, care must be taken to avoid directly making determinations in documents such as the on-site inspection report or the decision ordering the correction of the illegal act. The conclusion is that, where the circumstances fall within those listed in the “List,” no penalty shall be imposed. Law enforcement officers shall strengthen oversight of parties who have been exempted from penalties, appropriately increasing the frequency of routine inspections and “double-random” spot checks to ensure that such parties act in good faith and comply with the law.

IV. Strengthening the Implementation and Oversight of the List

All localities must earnestly elevate their political awareness, further strengthen their rule-of-law mindset and procedural consciousness, and intensify organizational coordination, oversight, and inspection of the implementation of the “List,” ensuring its full and effective execution. Any difficulties or issues encountered during implementation may be reported to the Provincial Department of Ecology and Environment at any time, while advanced practices and exemplary cases should be submitted promptly. The Provincial Department of Ecology and Environment will conduct regular progress reviews and evaluations of the List’s implementation, making its enforcement and compliance a key component of law‑enforcement inspections and oversight. For instances of lax or non‑compliant implementation, timely corrective measures will be urged, and such cases will be publicly reported.

The Provincial Department of Ecology and Environment, in coordination with the Provincial Comprehensive Administrative Law Enforcement Guidance Office, will, in light of adjustments to the legal basis and the implementation of the List, make timely revisions to the List and continuously refine the system of non‑penalization in the province’s ecological and environmental sector.

This List shall take effect from Effective December 29, 2020.

Contact: Enforcement Division, Provincial Department of Ecology and Environment Liu Feng, 0571-28869049; Regulations and Guidance Division, Provincial Department of Justice (Provincial Comprehensive Administrative Law Enforcement Guidance Office), Chen Jun, 0571-81051235.

Zhejiang Provincial Department of Ecology and Environment Zhejiang Provincial Comprehensive Administrative Law Enforcement Guidance Office

November 27, 2020

(This document is publicly released.)

 

Jiangsu: Conducted at most annually Two environmental inspections!

Reduce unexpected inspections

 

The Jiangsu Provincial Department of Ecology and Environment has issued the “Opinions on Strengthening the Protection of Corporate Property Rights in Ecological and Environmental Supervision and Management,” which safeguards corporate property rights by refraining from interfering with law-abiding enterprises. It exempts benchmark enterprises and imposes a comprehensive ban on environmental protection measures. “One-size-fits-all.”

 

The Opinions stipulate that provincial and municipal ecological environment departments shall, in accordance with the overall planning and based on actual conditions, implement centralized management and strengthen oversight. In principle, inspections and spot checks shall be conducted no more than twice per year to minimize unnecessary burdens on enterprises.

 

The “Opinions” also impose strict limits on the number of special campaigns, stipulating that, in principle, no more than… shall be conducted each year. Six special law enforcement operations; regions and cities must not exceed their authorized staffing levels or undergo restructuring. 。

 

In areas where environmental pollution is severe and public reaction is strong, we will resolutely investigate and address the issues in accordance with the law. Avoid… “Attack” is fixed or closed.

 

Shandong: Released “The Nine Measures Strictly Prohibiting One-Size-Fits-All Approaches”

 

Shandong Province has issued the “Regulations on Prohibiting…” in the enforcement of work safety laws and regulations. The notice on the “Nine Measures for a One-Size-Fits-All Approach” explicitly states that, in principle, enterprises are not required to suspend work or production. Following a workplace safety accident, the expedited practice of ordering one enterprise—and other similar enterprises—to halt operations for rectification is, in principle, not to be adopted.

 

Jinan City: Provisions for reduction or exemption 16 Types of Environmental Administrative Penalties

 

The Jinan Municipal Ecology and Environment Bureau has issued the “Implementation Opinions on Mitigating and Exempting Administrative Penalties,” which sets forth sixteen circumstances under which environmental administrative penalties may be mitigated or exempted, making it the first of its kind nationwide. .1. The “Opinions” shall take effect from the date of their issuance, with a validity period of… 1 year.

 

The “Opinions” state that where an unlawful act is minor, can be promptly rectified, and does not result in harmful consequences, administrative penalties may be waived. They specify ten circumstances under which administrative penalties may be exempted, including: for entities that have commenced construction without approval; for investors and individuals who made investments prior to inspection; for entities whose pollutant discharge exceeds prescribed standards; for sporadic polluting activities; and for certain violations involving the absence of monitoring stations or sampling‑and‑monitoring platforms—such cases may be exempted from penalties if they meet specified conditions.

 

Clear 10 circumstances exempting from punishment

 

The “Opinions” state that where an unlawful act is minor and promptly rectified, and no harmful consequences have resulted, administrative penalties may be waived, and further clarifies… There are ten circumstances under which administrative penalties may be waived, including cases involving entities that commenced construction without prior approval, entities and individuals that put facilities into operation before passing inspection, entities discharging pollutants in excess of prescribed limits, “scattered, chaotic, and polluting” enterprises, and certain violations related to the failure to establish monitoring stations or sampling and monitoring platforms. Provided that specific conditions are met, such violations may be exempted from penalty.

First, construction commenced without prior approval. That is, for construction projects required to prepare an environmental impact report or an environmental impact registration form, if construction has commenced without prior approval but the project is still in the construction phase, No pollutants are generated, and the enterprise voluntarily ceases construction or restores the site to its original condition. ;

Second, for cases where an entity commences operation before passing inspection. , that is, the environmental impact assessment document for the construction project has been approved, and the supporting facilities have been constructed. Environmental protection facilities have been constructed in accordance with the requirements of the environmental impact assessment and are operating normally, with pollutant emissions meeting the prescribed standards. However, if a construction project is put into production or use without undergoing acceptance inspection, and despite being ordered to make corrections, … Completed acceptance in accordance with the prescribed time limits and requirements. ;

Third, for cases where individuals commence use before inspection. , when the project was completed and put into operation, the directly responsible supervisors and other persons held accountable had already been transferred or, for other legitimate reasons, were no longer in charge of this work; now, the directly responsible supervisors and other persons held accountable… Responsible for this task no more than For cases where production has been voluntarily ceased for six months and active remedial measures are being taken, no penalty shall be imposed on the individual. 。

Fourth, for those who discharge pollutants exceeding the standards, Namely, discharging atmospheric and water pollutants in excess of the prescribed limits, but All exceedance multiples are If the exceedance is ≤0.1 times the limit, or if the pH value is between 5 and 10 inclusive, or if the noise level exceeds the standard by no more than 1 decibel, and corrective measures are completed and compliance is achieved by the following day, May be exempt from penalty.

Fifth, to “Scattered, disorganized, and polluting” enterprises have already been cleaned up on their own. , exempt from punishment.

Sixth, for cases involving violations of regulations—specifically, failure to establish monitoring stations and sampling‑monitoring platforms in accordance with applicable rules and monitoring standards—upon first discovery, corrective action shall be ordered. Subsequently, having completed the rectification within the prescribed time limit and in accordance with the requirements. ;

Seventh, failure to maintain original monitoring records for discharged industrial exhaust gases as required, despite being ordered to make corrections. , those that have completed rectification in a timely manner ;

Eighth, failure to conduct risk assessments for sudden environmental incidents, identify and address environmental safety hazards, file emergency response plans, provide emergency preparedness training, stockpile necessary environmental emergency equipment and supplies, or disclose relevant information on sudden environmental incidents, and… If no sudden environmental incidents occur within three years, upon being ordered to make corrections, Those that have completed rectification in a timely manner ;

Ninth, failure to formulate environmental protection management systems and operating procedures, or to establish and maintain environmental management records, or incomplete record-keeping, despite being ordered to make corrections, Those that have completed rectification in a timely manner ;

Tenth, where the violation is minor and has been promptly rectified, and no harmful consequences have resulted.

 

Clear Six circumstances for mitigating punishment

The “Opinions” stipulate that Six circumstances warrant a reduction in administrative penalties in accordance with the law, including cases where small and micro enterprises, following an inspection, proactively eliminate or mitigate the harmful consequences of their violations; where the degree of exceedance is relatively minor; where pollution‑control facilities experience sudden malfunctions or undergo scheduled maintenance; and where urban sewage treatment plants produce effluent that exceeds standards due to influent concentrations exceeding regulatory limits. Under specified conditions, penalties may be reduced below the statutory minimum, though such reductions generally do not exceed 50% of the minimum penalty. Notably, at the municipal level, the issuance of regulations providing for reduced penalties sets a precedent nationwide.

First, small and micro enterprises. , who, after inspection, proactively eliminates or mitigates the harmful consequences of the unlawful act ;

Second, when the daily average from online monitoring or the instantaneous value from manual monitoring exceeds the standard, the exceedance multiple is determined. >0.1 times, but all are ≤0.3 times; the total emissions are relatively low, and corrective measures have been promptly implemented to achieve compliance. of the ;

Third, when pollution prevention and control facilities must be shut down due to sudden malfunctions, but production facilities cannot be halted or it is necessary to continue discharging pollutants prior to the restoration of these facilities—owing to production processes, workplace safety, or public‑service considerations—within a specified period following the occurrence of the malfunction, Report to the competent ecological and environmental authority within 24 hours, promptly carry out emergency repairs to eliminate the fault, yet emissions still exceed the standards. Polluting ;

Fourth, the production facilities operate continuously without interruption; an annual maintenance plan has been submitted to the ecological and environmental authorities, and necessary emission-reduction measures have been implemented. During maintenance, pollutant emissions exceeded regulatory limits. of the ;

Fifth, when effluent from urban wastewater treatment plants exceeds discharge standards due to influent concentrations exceeding regulatory limits, the operator shall promptly and proactively report the issue and implement measures to mitigate any adverse consequences. Of.

Sixth, other circumstances where administrative penalties should be mitigated in accordance with the law. 。

 

Penalty exemptions directly affected by the pandemic

In addition, the Opinions stipulate that no penalties shall be imposed for violations caused by force majeure; that is, environmental violations resulting from force majeure shall not be subject to administrative sanctions.

The “Opinions” clearly state that, For cases where environmental violations are minor, promptly rectified, and have not resulted in any environmental harm due to the direct impact of epidemic prevention and control measures, no administrative penalty shall be imposed, and the parties concerned shall be urged to carry out timely corrective actions.

 

Strict reduction and exemption procedures

The reduction or exemption of administrative penalties constitutes a significant discretionary power and must be regulated and constrained through established procedures. The “Opinions” set forth the review procedures for imposing reduced or exempted penalties: when the ecological and environmental authorities, during inspections, identify that a party is suspected of an environmental violation, they may, following collective deliberation and based on the facts and circumstances of the violation, reduce or waive the penalty for violations that meet the criteria stipulated in the “Opinions.”

The “Opinions” stipulate that, Where the facts are clear and the violation is minor, and the investigation reveals that the circumstances meet the criteria for exemption from penalty as stipulated in the “Opinions,” the investigating department may, following collective deliberation and with the approval of the responsible supervising leader, exempt the party from punishment.

For complex or serious violations, or where the penalty is reduced below the minimum statutory level. In 50% of cases, the investigation conclusion recommends, in accordance with applicable regulations, a reduction or exemption of the penalty; such a decision may be made only after review and approval by the Municipal Bureau or the Branch Bureau’s Case Review Committee.

 

Strictly define the duties of law enforcement officers.

At the same time, the Opinions specify the measures to be taken against dereliction of duty and abuse of power. If law enforcement personnel neglect their duties and fail to stop or impose penalties on unlawful acts that should be stopped and punished, thereby causing serious harm to the lawful rights and interests of citizens, legal persons, or other organizations, as well as to public interests and social order, the directly responsible leading officials and other persons directly liable shall, in accordance with the law and following prescribed procedures, be subject to administrative disciplinary measures. ;Where the circumstances are serious and constitute a crime, the case shall be referred to the competent authorities for criminal prosecution in accordance with the law. 。

 

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Background for the Formulation of the “Opinions”

First, there is a need for administration in accordance with the law. Article 27 of the Administrative Penalty Law of the People’s Republic of China sets out the basic principles for mitigating or exempting administrative penalties; however, these provisions are rather general and leave considerable room for discretionary judgment. In practice, it is necessary to further refine and clarify these rules, thereby standardizing and constraining the exercise of discretionary power and preventing arbitrariness and capriciousness in the imposition of administrative penalties. The occurrence of “different penalties for the same case” is minimized to reduce human intervention to the greatest extent.

Second, there is a need to standardize law enforcement. The Ministry of Ecology and Environment has issued the “Guiding Opinions on Further Standardizing the Exercise of Discretionary Powers in Environmental Administrative Penalties.” (Circular of the Environmental Protection Enforcement [2019] No. 42), the Provincial Department of Ecology and Environment has also formulated The “Regulations on the Application of Discretionary Standards for Administrative Penalties in Ecological and Environmental Matters of Shandong Province” were promulgated last year. Effective July 1 . The regulations of the Provincial Department of Ecology and Environment also authorize To all municipal ecological and environmental authorities: You may, as appropriate, establish a list of minor ecological and environmental violations exempt from penalties within your jurisdiction, publicly announce it, and put it into effect. Based on the situation in our city, it is also necessary to further refine the provisions on the reduction or exemption of administrative penalties, taking into account our local realities.

Third, it is a necessity driven by the evolving situation. Our city faces immense pressure to improve environmental quality. Centered on building… The goal of building a modern, international metropolis characterized by “prosperity, strength, beauty, and inclusiveness” entails an exceptionally heavy development agenda. Against this backdrop, environmental‑ecological law enforcement is called upon to be both rigorous and proactive, while also adopting a service‑oriented, inclusive, and prudent approach. The Ministry of Ecology and Environment’s guiding opinions provide only general principles on administrative penalties reductions or exemptions, and the provincial ecological‑environmental department’s regulations likewise enumerate just eight specific circumstances in which penalties may be waived, without addressing mitigated sanctions. Accordingly, our city urgently needs to formulate clear, user‑friendly, and highly operational rules governing such reductions and exemptions. By further refining the provisions on reducing or exempting administrative penalties, we aim to uphold the principle of balancing leniency with severity and ensuring that penalties are proportionate to violations, thereby encouraging and guiding enterprises to promptly rectify minor infractions. This will enhance the capacity and effectiveness of our city’s ecological‑environmental authorities in administering according to law, enable them to concentrate resources on precisely targeting malicious, serious violations, and serve as an important measure for optimizing the business environment through improved services.

 

Hebei: Harsh enforcement is strictly prohibited, and a one-size-fits-all shutdown approach is forbidden!

 

It is reported that the Office of the Hebei Provincial Leading Group for Air Pollution Prevention and Control has issued the “Hebei Province Ecological and Environmental Field…” “Special Action Plan on ‘One-Size-Fits-All’ Practices.” A special campaign is being carried out in Hebei Province to rigorously prevent and control the “one-size-fits-all” approach in ecological and environmental management.

Taiyuan City: Clearly stipulates that… Seven types of conduct shall not be subject to penalty.

 

The Taiyuan Municipal Ecology and Environment Bureau has issued the “Catalogue of Minor Market Violations Exempt from Administrative Penalties and of General Violations Subject to Lenient or Reduced Administrative Penalties,” clearly stipulating that for… Seven types of conduct shall not be subject to penalty.

 

Non‑penalization refers to a situation in which, during an enforcement inspection conducted by the ecological and environmental authorities, the administrative counterpart lacks subjective intent; following criticism, education, and warning or guidance, the party commits a minor violation for the first time, is ordered to make corrections, and is required to do so promptly, with no harmful consequences resulting. In such cases, the ecological and environmental authorities will refrain from imposing a monetary fine.