The Ministry of Ecology and Environment announced the eleventh batch of typical cases of ecological and environmental law enforcement
According to the WeChat public account of the Ministry of Ecology and Environment, in recent years, the Ministry of Ecology and Environment has guided local governments to establish and implement a reward system for reporting ecological and environmental violations in accordance with the relevant requirements of the "Guiding Opinions on Optimizing the Law Enforcement Methods of Ecological and Environmental Protection and Improving Law Enforcement Effectiveness" and the "Guiding Opinions on Implementing the Reward System for Reporting Ecological and Environmental Violations", taking public reports as an important way to discover clues of environmental violations, fully mobilizing the enthusiasm of the general public to participate in ecological and environmental protection work, and implementing heavy rewards for reporting major ecological and environmental crimes. A number of major environmental crimes have been investigated and handled, and a number of outstanding ecological and environmental problems around the people have been resolved.
Recently, the Ministry of Ecology and Environment announced six typical cases in the field of reporting rewards, and commended the Yindu Branch of the Anyang Ecological and Environmental Bureau of Henan Province, the Wenzhou Ecological and Environmental Bureau of Zhejiang Province, the Qingpu District Ecological and Environmental Bureau of Shanghai, the Wangqing County Branch of the Yanbian Korean Autonomous Prefecture Ecological and Environmental Bureau of Jilin Province, the Shihezi Ecological and Environmental Bureau of the Eighth Division of the Xinjiang Production and Construction Corps, and the Laibin Ecological and Environmental Bureau of the Guangxi Zhuang Autonomous Region for handling related cases. The typical cases announced this time include:
1. Anyang, Henan Province, implements rewards for reporting cases of illegal dumping of hazardous waste
On June 10, 2019, the Anyang Municipal Ecological Environment Bureau received a report from the public that someone had dumped hazardous waste into Shibeiyugou, Xiabao Village, Xujiagou Township, Yindu District, Anyang City. The Yindu Branch of the Anyang Municipal Ecological Environment Bureau immediately organized an on-site inspection and commissioned a third-party testing agency to identify the dumped materials. The results showed that it was aluminum ash, which was a hazardous waste. A total of about 4,332 tons of hazardous waste involved in the case were dug out on site. The Anyang Municipal People's Government took the lead and organized the ecological environment, public security, procuratorate, court and other departments to set up a "6.10" environmental case investigation task force, and found out that the criminal gang headed by Cheng had been engaged in the illegal dumping and disposal of hazardous waste for a long time. After the public security organs made every effort to crack down on the case, a total of 11 waste aluminum ash dumping sites and 1 temporary storage site were found in the jurisdiction of Yindu District, Anyang City, involving many enterprises in 8 provinces and cities including Henan, Shandong, Jiangsu, Hunan, Chongqing, Hebei, Anhui, and Zhejiang. At present, all the waste aluminum ash involved in the case has been cleaned up and disposed of, and a total of 47,280 tons of hazardous waste has been cleaned up and disposed of.
According to Article 338 of the Criminal Law of the People's Republic of China and the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Environmental Pollution, the gang is suspected of the crime of polluting the environment. In December 2021, the Anyang County People's Court sentenced 30 people involved in the gang to fixed-term imprisonment ranging from six years and six months to one year for the crime of polluting the environment.
On April 29, 2022, according to the relevant provisions of the "Implementation Rules for Rewards for Reporting Environmental Pollution in Henan Province", the Henan Provincial Department of Ecology and Environment awarded the whistleblower a reward of 50,000 yuan.
2. Wenzhou, Zhejiang Province, rewards people for reporting illegal dumping of etching waste liquid containing heavy metals
On November 11, 2021, the Wenzhou Municipal Ecological Environment Bureau received a report from the public, reporting that Pingyang County Etching Crafts Co., Ltd. had repeatedly dumped etching waste liquid containing heavy metals and waste acid into farmland, construction sites, sewers and sea areas at night. Wenzhou Municipal Ecological Environment Bureau immediately set up a special task force and initiated a linkage mechanism with the public security organs, using satellite positioning technology to lock the movement trajectory of the suspected vehicle, taking night-time squatting, and the municipal and county ecological environment departments and public security organs jointly took action. In the early morning of December 1, 2021, Liu Moubin and Liu Mouqin, who were driving a box truck to dump etching waste liquid, were arrested on the spot. After sampling and monitoring, the total zinc concentration in the waste liquid was 7.98¡Á104mg/L and the total copper concentration was 5.9mg/L, which exceeded the emission concentration limit of the "Comprehensive Sewage Discharge Standard" (GB8978-1996), and the excess multiples were more than 30,000 times and 10.8 times respectively.
According to Article 338 of the Criminal Law of the People's Republic of China and the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Environmental Pollution", the actions of Liu Moubin, Liu Mouqin and others are suspected of polluting the environment. The Pingyang Branch of the Wenzhou Municipal Ecological Environment Bureau transferred the case to the public security organs for investigation.
According to the relevant provisions of the "Implementation Rules for Rewards for Reporting Illegal Ecological and Environmental Behaviors in Wenzhou City", the Pingyang Branch of the Wenzhou Municipal Ecological and Environmental Bureau awarded the reporter a reward of 50,000 yuan.
3. Shanghai implements rewards for reporting cases of excessive discharge of toxic substances using seepage pits
On March 22, 2022, the Qingpu District Ecological and Environmental Bureau of Shanghai received a report from the public that someone was illegally engaged in pickling of metal parts near the Shanghai-Qingping Highway. The Qingpu District Ecological and Environmental Bureau of Shanghai conducted an on-site inspection of the metal parts surface treatment site operated by Sun Moubin and found that the site was mainly engaged in metal parts surface treatment including pickling and blackening processes. The heavy metal wastewater generated during the production process was discharged into an open-air square pit outside the workshop where anti-seepage and anti-leakage measures had not been implemented. After on-site sampling and monitoring, the total chromium concentration in the water samples in the pit was 28.6 mg/L, the total zinc concentration was 330 mg/L, and the total nickel concentration was 65.3 mg/L, which exceeded the emission limits specified in the "Comprehensive Sewage Discharge Standard" (DB31/199-2018) by 56.2 times, 164 times, and 652 times, respectively. There was an act of using the seepage pit to discharge heavy metal pollutants in excess of the standard.
According to Article 338 of the Criminal Law of the People's Republic of China and the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Environmental Pollution", Sun Moubin's behavior was suspected of the crime of polluting the environment, and the Qingpu District Ecological Environment Bureau transferred the case to the public security organs for investigation.
According to the relevant provisions of the "Shanghai Ecological Environment Violation Report Reward Measures", the Shanghai Ecological Environment Bureau awarded the reporter a reward of 20,000 yuan.
Fourth, Jilin Yanbian implements rewards for reporting cases of illegal gold mining and environmental pollution
On July 28, 2022, the Wangqing County Branch of the Ecological Environment Bureau of Yanbian Korean Autonomous Prefecture, Jilin Province (hereinafter referred to as the Wangqing County Branch) received a report from the public, reflecting that there was suspected illegal gold mining near the abandoned gold mine in Tazigou Forest Farm. The Wangqing County Branch, together with the Wangqing Forest Public Security Branch of the Forest Public Security Bureau of the Provincial Public Security Department, conducted an on-site inspection of the unnamed mine in Tazigou Forest Farm and found that it was an abandoned gold mine. There were water pipes and buckets suspected of being used for spraying. Spraying marks were found around the walls of the mine, and there were no anti-seepage measures. The Wangqing County Branch commissioned a third-party testing agency to take on-site samples of solid ore on the rock wall inside the mine, yellow-brown mud and sand, wastewater in the collection bucket, and surface water on the ground. It was found that the total cyanide content of 2 solid ores was 7.38mg/kg and 6.53mg/kg respectively; the total cyanide content of 2 sediments was 123mg/kg and 50.3mg/kg respectively; the total cyanide content of the wastewater in the collection barrel and the surface water was 0.095mg/L and 0.131mg/L respectively (pH was 7.68). According to the investigation of Wangqing County Branch, the case was the illegal use of cyanide to extract gold.
According to Article 338 of the Criminal Law of the People's Republic of China and the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Environmental Pollution, the case is suspected of the crime of polluting the environment. On August 12, 2022, the Wangqing County Branch transferred the case to the public security organs for investigation and handling.
According to the relevant provisions of the "Yanbian Prefecture Public Reporting Ecological and Environmental Violations Reward Measures", the Yanbian Prefecture Ecological Environment Bureau awarded the reporter a reward of 10,000 yuan.
V. Shihezi City, Eighth Division of Xinjiang Production and Construction Corps, rewards the public for reporting illegal disposal of hazardous waste
On August 20, 2021, the Eighth Division Shihezi City Ecological and Environmental Protection Comprehensive Administrative Law Enforcement Detachment received a report from the public, reporting that a waste plastic crushing workshop in Beiquan Town, Shihezi City, carried out production activities without relevant procedures. Law enforcement officers conducted on-site inspections and found that the processing site was engaged in the collection and disposal of hazardous waste without obtaining a hazardous waste license. From March to August 2021, a total of about 14.9 tons of waste mineral oil packaging and plastic waste packaging in direct contact with pesticides were processed, and 2.4 tons of waste mineral oil packaging and plastic waste packaging in direct contact with pesticides were collected and stored.
According to Article 338 of the Criminal Law of the People's Republic of China and the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Environmental Pollution, the behavior of the processing site is suspected of the crime of polluting the environment, and the Eighth Division Shihezi City Ecological Environment Bureau transferred the case to the public security organs for investigation.
On October 26, 2021, according to the relevant provisions of the "Reward Measures for Reporting Ecological and Environmental Violations in Shihezi City, the Eighth Division (Trial)", the Eighth Division Shihezi City Ecological Environment Bureau awarded the reporter a reward of 10,000 yuan.
Sixth, Laibin, Guangxi, rewards the public for reporting the case of privately setting up secret pipes to discharge pollutants
On April 13, 2022, the Laibin City Ecological Environment Bureau received a report from the public that Laibin Huasheng Paper Co., Ltd. discharged unknown white substances into the Hongshui River. Under the guidance of the Guangxi Zhuang Autonomous Region Ecological Environment Department and the Laibin City Procuratorate, the Laibin City Ecological Environment Bureau, together with the Laibin City Public Security Bureau Laihua Branch and the Laibin City Industrial Management Committee, sent law enforcement personnel to the scene for investigations and organized secret visits, and used drones to lock emission traces and pipelines. It was eventually found that the company had illegally added clean water to the biochemical treatment pool to keep the online monitoring data of the statutory sewage outlet up to standard, the flotation device and biochemical treatment pool of the wastewater treatment station had not been used for a long time, and privately buried pipes outside the west wall of the factory to secretly discharge production wastewater.
According to Article 338 of the Criminal Law of the People's Republic of China and the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Environmental Pollution, the company's behavior is suspected of polluting the environment. On June 28, 2022, the Laibin Municipal Ecological Environment Bureau transferred the case to the public security organs for investigation and handling.
On July 14, 2022, in accordance with the relevant provisions of the "Guangxi Zhuang Autonomous Region Environmental Violation Reward Reporting Measures", the Laibin Municipal Ecological Environment Bureau awarded two whistleblowers a reward of 5,000 yuan each.