How to compensate for the global ban on fireworks

On February 14, Nantong Pollution Prevention Office sent a letter to the municipal government, analyzing that the monthly average value of PM2.5 increased by 3.6 μ g/m3 due to fireworks during the Spring Festival in our city, and the impact of fireworks pollution was obvious, suggesting that our city expand the scope of fireworks and firecrackers. On May 3 1, Nantong Pollution Prevention Office sent a letter to Rugao Municipal People's Government, requesting to issue a notice before the end of this year to expand the area where fireworks and firecrackers are prohibited and restricted. On September 28th, Nantong Pollution Prevention Office listed "accelerating the expansion of fireworks and firecrackers forbidden and restricted areas" as the key work of the city.

Second, the basis for the formulation of the notice

1. Article 8 of the Regulations on the Administration of Fireworks and Firecrackers in Nantong stipulates that "the county (city) people's government may, according to the actual situation, determine the areas within its administrative area where fireworks and firecrackers are prohibited or the areas, times and types where fireworks and firecrackers are restricted, and announce them to the public". Therefore, the city can adjust the forbidden area of fireworks and firecrackers.

2. Article 12 of the Regulations on the Administration of Fireworks and Firecrackers in Nantong stipulates that fireworks and firecrackers shall not be sold in areas where fireworks and firecrackers are prohibited. Therefore, the retail stores of fireworks and firecrackers in the forbidden area should be closed down.

3. Article 8 of the Administrative Licensing Law of People's Republic of China (PRC) stipulates that if the laws, regulations and rules on which the administrative license is based are amended or abolished, or the objective circumstances on which the administrative license is granted are greatly changed, the administrative organ may, for the needs of public interests, change or revoke the administrative license that has come into effect according to law. If property losses are caused to citizens, legal persons or other organizations, the administrative organ shall make compensation according to law. Therefore, the closure of fireworks and firecrackers retail stores in the forbidden area needs compensation.

Third, the formulation process of the notice.

(1) February 14 According to the instructions of He Yijun, secretary of the municipal party committee, and Wang, mayor, the municipal public security bureau started the adjustment of the fireworks and firecrackers forbidden area. After soliciting opinions from relevant functional departments and local departments for many times, the draft Notice was formed.

(2) On July 19, the Municipal Bureau of Justice published an announcement on the website of the municipal government to solicit opinions from the public for one month.

(3) On July 20th, the Municipal Public Security Bureau set up a leading group for maintaining stability to organize social stability risk assessment.

(4) On June 5438+1October 2 1 day, the municipal government invited experts in law, urban management, finance, price determination, demolition policy and environmental protection to demonstrate the contents of the Notice and the compensation scheme.

(5) On June 25th 10, the Municipal Public Security Bureau, together with the Municipal Emergency Management Bureau and other functional departments, held a public hearing on the Notice and the compensation scheme, and invited administrative decision-making representatives, NPC deputies, CPPCC members, property management representatives, community owners and fireworks retail stores to attend the hearing.

(6) 1 1.3, which was considered and adopted by the executive meeting of the municipal government.

Four. Objectives and tasks

Through the drafting of the "Notice", in the form of government normative documents, the prohibited areas of fireworks and firecrackers will be rationally adjusted to reduce the impact of fireworks and firecrackers in surrounding non-prohibited areas on the air quality in the prohibited areas. Fireworks and firecrackers retail stores in the forbidden area will be adjusted to shut down and compensate within the prescribed time limit. Continuously improve the ambient air quality, ensure the health of the people, effectively improve the happiness index of the people, and create a safe, clean and livable urban environment for Rugao.

Verb (abbreviation of verb) main content of notice

(a) adjust the area where fireworks are prohibited and restricted. The original forbidden area of fireworks and firecrackers is: 1. Huimin Road, Huashi Road, Chengxiang Avenue and Wanshou Road form a closed area; 2. Wanshou Road, Renshou East Road, Liyu Road and Chengxiang Avenue form a closed area; 3. Toarey Yang Canal, Huimin Road, Ruhai Road and Jinlun Road form a closed area. The restricted area has been expanded to: 1. For example, the closed area formed by Haihe Canal, Hongqi River (Wan Xin River after crossing Toarey Yang Canal in the east of Hongqi River), Tongyan Railway and Daming River; 2. The enclosed area formed by Haiyang South Road, Daming River, Tongyan Railway and Xindingmo Road. The restricted discharge area of fireworks and firecrackers is still a city planning area and a town planning area except the forbidden area, but the area has changed.

(two) compensation standards for closing fireworks and firecrackers. For fireworks retail stores that are no longer operated after shutdown, comprehensive compensation shall be given according to the operating area of 800 yuan/square meter (including the loss of production and business suspension, decoration subsidies, etc.). ). If the total amount of compensation is less than 6,543,800 yuan, the compensation shall be 6,543,800 yuan, with a maximum of 6,543,800 yuan. For the fireworks retail stores that need to be relocated and continue to operate after shutdown, the decoration compensation with the operating area of 400 yuan/square meter will be given. If the total amount of compensation is less than 5,000 yuan, the compensation shall be 5,000 yuan, with a maximum of 50,000 yuan. Reward fireworks and firecrackers retail stores with business area of 1 00 yuan/square meter that were closed before 65438+February12022; Reward fireworks and firecrackers retail stores closed from 65438+February 1 to 65438+February 65438+May 2022, with an operating area of 50 yuan/square meter; No reward will be given to fireworks and firecrackers retail stores that shut down after 12 and 15 in 2022; The maximum reward amount shall not exceed 6,543,800 yuan.

(three) illegal operation, transportation, storage and discharge of fireworks and firecrackers shall be investigated and dealt with by the public security, emergency management, transportation, urban management and market supervision and management departments according to law; If a crime is constituted, criminal responsibility shall be investigated according to law. Members of the public can report through the "1 10" telephone number and the "12345" government service hotline.