Chinanews.com, May 8th. The Ministry of Ecology and Environment announced on the official Weibo on the 8th that key pollutants discharge units are automatically monitored and fraudulently investigated and dealt with typical cases, including the case of Anhui Chuzhou Delun Rubber Co., Ltd. tampering with and forging monitoring data, and the Jin of Yihuang County, Fuzhou Fung Paper Co., Ltd. tampered with, forged monitoring data case, etc.
According to reports, the installation of automatic monitoring equipment by key pollutants and networking with the monitoring equipment of the ecological environment department is an important environmental management system stipulated by the "Water Pollution Prevention and Control Law of the People's Republic of China" and the "Air Pollution Prevention and Control Law of the People's Republic of China" and other laws. It is an important means to strengthen the supervision of the ecological environment and implement the main responsibility of the pollutant discharge unit.
Comprehensively improving the level of monitoring automation, standardization, and informatization is an important measure to strengthen monitoring capacity building and improve the environmental governance and supervision system at present and in the future.
The automatic monitoring data of pollutant discharge plays an important role in both the strengthening of the pollutant discharge unit's own management and the improvement of the supervision efficiency of the ecological environment department.
In order to ensure the effectiveness of automatic monitoring, the Ministry of Ecology and Environment has continued to organize crackdowns on fraudulent activities in automatic monitoring in recent years. Local ecological and environmental departments at all levels have investigated and dealt with multiple suspected tampering and forgery of automatic monitoring data and interference with automatic monitoring in combination with daily supervision and inspection and special inspections. Facility case.
In order to form an effective deterrent and give full play to the demonstration and guiding role of typical cases, the Ministry of Ecology and Environment has organized and compiled 7 typical cases of automatic monitoring and fraud investigation and punishment of key sewage units, which are hereby announced, and the Anhui Provincial Environmental Supervision Bureau and Chuzhou City, Anhui Province will be determined. Yuan County Ecological Environment Bureau, Yingdong District Ecological Environment Bureau, Fuyang City, Anhui Province, Yihuang Ecological Environment Bureau of Fuzhou City, Jiangxi Province, Xuzhou Ecological Environment Bureau of Jiangsu Province, Deqing Sub-bureau of Ecological Environment Bureau of Huzhou City, Zhejiang Province, Ecological Environment of Changchun City, Jilin Province The Bureau and the Weishi Branch of the Ecological Environment Bureau of Kaifeng City, Henan Province commended them for their outstanding performance in handling the case.
Local ecological and environmental departments are requested to earnestly learn from relevant experience and practices, further optimize law enforcement methods, and improve the efficiency and quality of handling cases of environmental violations and crimes that are automatically monitored by key pollutant discharge units.
Typical cases announced this time include:
1. Anhui Chuzhou Delun Rubber Co., Ltd. tampering with and forging monitoring data case
On July 17, 2019, the Anhui Provincial Environmental Supervision Bureau, together with the Chuzhou Environmental Supervision Team and the Dingyuan County Environmental Supervision Team, conducted an on-site inspection of Delun Rubber Co., Ltd. and found that the company violated the regulations and will automatically monitor the equipment to shut down the judgment conditions. The lower limit of gas oxygen content is adjusted to 15% (relevant standards and equipment procedures require this value to be 19%).
Dingyuan County Environmental Monitoring Station conducted sampling and monitoring of the circulating fluid of the boiler water film dust removal tank. The results showed that the pH value was 2.77. The circulating fluid did not meet the relevant technical indicators and could not achieve the desulfurization effect.
The Chuzhou Environmental Monitoring Station conducted law enforcement monitoring of boiler flue gas. The results showed that the maximum instantaneous concentration of sulfur dioxide at the exhaust gas outlet of coal-fired boilers was 850mg/m3, and the average concentration was 801mg/m3, which exceeded the "Boiler Air Pollutant Emission Standard" (GB 13271). -2014) The prescribed limit is 1.12 times and 1 times.
On July 18, law enforcement officers inspected the company again and found that the company’s automatic monitoring equipment industrial computer was artificially set up, resulting in the concentration of sulfur dioxide and nitrogen oxides transmitted to the automatic monitoring system platform of the ecological environment department below 1mg/m3. Seriously inconsistent with the actual pollutant concentration discharged.
The above behavior of the company violated the provisions of Article 18 and Paragraph 2 of Article 20 of the "Law of the People's Republic of China on Air Pollution Prevention and Control". Article 19 (2) and (3) of the provisions and the "Anhui Province Environmental Protection Administrative Penalty Discretionary Discretionary Power Refined Standards" shall impose a fine of 2 million yuan on the company.
As the company’s actions are suspected of environmental pollution crimes, the ecological environment department transferred the case to the police in accordance with Article 3 of the Regulations on the Transfer of Suspected Criminal Cases by Administrative Law Enforcement Organs and Article 5 of the Measures for the Connection between Environmental Protection Administrative Law Enforcement and Criminal Justice organ.
The procuratorial organs prosecuted the responsible persons in accordance with the law. On December 11, 2020, the Dingyuan County People’s Court sentenced Sui, the director of the company’s power workshop, to one year’s imprisonment, suspended for two years, and fined RMB 150,000 for environmental pollution. yuan.
2. Case of tampering and forging monitoring data of Anhui Fuyang Dingsheng New Building Materials Co., Ltd.
On April 26, 2020, law enforcement officers from the Environmental Supervision Bureau of Anhui Province, the Environmental Supervision Detachment of Fuyang City, and the Environmental Supervision Brigade of Yingdong District conducted an on-site inspection of Fuyang Dingsheng New Building Materials Co., Ltd. and found that the company's automatic flue gas monitoring equipment fume meter accepts lenses Black insulating tape is attached to it.
Law enforcement officers read the company's automatic monitoring historical data and found that the industrial computer interface showed that before 12:36 on April 26, the automatic monitoring data of particulate matter concentration (measured value) always remained below 2.0mg/m3, and it was divided into 7.56 at 12:37. mg/m3, always remain above 13mg/m3 after 12:38.
After investigation, it was determined that the company deliberately pasted black insulating tape in order to evade supervision and interference with the automatic monitoring equipment, and removed it at 12:36 on the day of the inspection, resulting in distortion of the automatic monitoring data.
The above-mentioned behavior of the company violated Article 42 Paragraph 4 of the Environmental Protection Law of the People’s Republic of China and Article 20 Paragraph 2 of the Air Pollution Prevention and Control Law of the People’s Republic of China. According to item (3) of Article 99 of the Air Pollution Prevention and Control Law of the People’s Republic of China, the company was ordered to correct the above-mentioned environmental violations, to suspend production for rectification, and to impose a fine of 100,000 yuan; in accordance with the “Environmental Protection Law of the People’s Republic of China” Article 63 (3) and the provisions of Article 6 (4) of the "Interim Measures for the Transfer of Cases Applicable to Administrative Detention Environmental Violations by Administrative Authorities" The case shall be transferred to the public security organ and the legal representative of the company shall be administratively detained 10th.
3. The case of tampering and forging monitoring data by Jinfeng Paper Co., Ltd. in Yihuang County, Fuzhou City, Jiangxi Province
On May 8, 2020, law enforcement officers of the Yihuang Ecological Environment Bureau of Fuzhou City, Jiangxi Province discovered an abnormality in the automatic monitoring data of Yihuang County Jinfeng Paper Co., Ltd. through the automatic monitoring data platform.
During the on-site inspection, it was found that the company was producing, the sewage treatment facility was discharging waste water, the sampling head of the automatic monitoring equipment was inserted into an iron bucket, and the tap water was connected to the iron bucket with a water pipe connected to the tap, so that the automatic monitoring equipment could extract the iron bucket. Internal tap water sampling and monitoring.
After investigation and verification, the person in charge of sewage treatment of the company moved the sampling head of the automatic monitoring equipment into the iron bucket to prevent the automatic monitoring data from exceeding the standard, and implemented the above fraudulent behavior.
The above-mentioned behavior of the company violated Article 42 Paragraph 4 of the Environmental Protection Law of the People’s Republic of China and Article 39 of the Water Pollution Prevention and Control Law of the People’s Republic of China. The People’s Republic of Water Pollution Prevention and Control Law of the People’s Republic of China, Article 83 (3) and the "Jiangxi Province Environmental Protection Administrative Penalty Discretionary Discretion Standard", imposed a fine of 300,000 yuan on the company; Article 63 (3) of the Protection Law and Article 5 of the Interim Measures for the Transfer of Cases Applicable to Administrative Detention Environmental Violations by Administrative Authorities, the case shall be transferred to the public security organ, and the person in charge of the company’s sewage treatment shall be administratively detained 6th.
4. Case of tampering and forging automatic monitoring data by Jiangsu Xuzhou Tianyuan Paper Co., Ltd.
On July 23, 2020, the Xuzhou City Ecological Environment Bureau of Jiangsu Province carried out a special inspection of Xuzhou Tianyuan Paper Co., Ltd. The company is producing, the sewage treatment station is operating, and the main wastewater discharge outlet and rainwater discharge outlet are draining.
During the inspection, the law enforcement officers found that the company's chemical oxygen demand and total nitrogen automatic monitoring equipment analyzer sampling pipe was disconnected from the sampling pump after the sampling pipe was inserted into the glass beaker and the plastic measuring cup below the liquid level, and the collection was diluted with clean water The final fixed sample of wastewater is analyzed for data and uploaded to the Guofa platform.
Based on on-site sampling and monitoring by a third-party monitoring unit, the chemical oxygen demand concentration of the company’s total sewage treatment outlet was 320 mg/L, which exceeded the allowable discharge concentration limit (chemical oxygen demand 300 mg/L) specified in its sewage permit; The chemical oxygen demand, suspended solids, and total nitrogen of the effluent from the rainwater discharge outlet all exceed the limit specified in the "Water Pollutant Discharge Standard for Pulp and Paper Industry" (GB 3544-2008).
After investigation and verification, in order to make the automatic monitoring data of chemical oxygen demand and total nitrogen meet the standards, the company's pulping supervisor has repeatedly implemented the above fraudulent behaviors in cooperation with the maintenance personnel of the company's sewage treatment facilities.
The above behavior of the company violated the provisions of Article 10, Article 23 Paragraph 1 and Article 39 of the "Water Pollution Prevention and Control Law of the People's Republic of China". The Xuzhou City Ecological and Environmental Bureau is in accordance with the "Water Pollution Prevention and Control Law of the People's Republic of China". "Article 82 (2), Article 83 (2) and (3) and "Jiangsu Provincial Environmental Protection Department Administrative Penalty Discretionary Standards", order the company to immediately correct the illegal behavior, He was also fined 870,000 yuan.
As the company’s actions are suspected of environmental pollution crimes, the ecological environment department transferred the case to the public security organs in accordance with the "Interpretation on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Environmental Pollution", and "Regulations on the Transfer of Suspected Criminal Cases by Administrative Law Enforcement Organs". The responsible person was detained in criminal terms, and the case has now entered the court trial stage.
5. Case of Mi and Hu interfering with automatic monitoring facilities of Zhejiang Huzhou Zhejiang Jinme Environmental Technology Co., Ltd.
Starting from January 2020, the Deqing Branch of the Ecological Environment Bureau of Huzhou City, Zhejiang Province, discovered that Zhentian (Deqing) Textile Co., Ltd. (hereinafter referred to as Zhentian Company) wastewater automatic monitoring room had many abnormal behaviors of man-shifting cameras, and then automatically monitored the system’s ammonia nitrogen, The total nitrogen value quickly returned to normal from exceeding the standard.
On March 16, law enforcement officers conducted a surprise law enforcement inspection of Zhentian Company and found that the company implemented interference behaviors by replacing automatic monitoring equipment to sample water samples or destroying equipment, so that the chemical oxygen demand and ammonia nitrogen concentration in the automatic monitoring system were long-term The concentration of pollutants related to the actual wastewater discharged from the company far exceeds the allowable discharge standard concentration limit after monitoring.
After further investigation and enquiry, the company’s sewage treatment station entrusted Zhejiang Jinme Environmental Technology Co., Ltd. (hereinafter referred to as Jinme Company) to manage the company. The personnel of Jinme Company stationed in Zhentian Company implemented the above interference behavior to ensure that the automatic monitoring data meets the standard.
Zhentian Company’s excessive discharge of water pollutants violated the provisions of Article 10 of the "Water Pollution Prevention and Control Law of the People's Republic of China". The Huzhou City Ecology and Environment Bureau shall comply with Article 83 (2) of the "Water Pollution Prevention and Control Law of the People's Republic of China". According to the provisions of this item, the company was ordered to correct the illegal conduct and imposed a fine of 550,000 yuan.
In view of the company's suspicion of interfering with automatic monitoring facilities, the ecological environment department transferred the case to the public security agency in accordance with the "Regulations on the Transfer of Suspected Criminal Cases by Administrative Law Enforcement Agencies".
After investigation, four people, including Mi, who was dispatched to Zhentian Company to be responsible for the management of the sewage station, and Hu, who was responsible for the renovation of the sewage station, were detained under criminal law.
On August 7, 2020, the Deqing County People’s Procuratorate filed a public prosecution against the responsible persons. The Huzhou South Taihu New District People’s Court sentenced the defendants Mi Mou and Hu Mou to one-year imprisonment and one-year probation on August 25 for environmental pollution crimes. Six months, and a fine of 20,000 yuan.
6. Case of tampering and forging automatic monitoring data of Jilin Changchun Hefeng Food Co., Ltd.
On May 14, 2020, the Changchun Environmental Supervision Detachment of Jilin Province and the Dehui Branch of the Changchun Ecological Environment Bureau conducted an on-site inspection of Changchun Hefeng Food Co., Ltd. and found that the company will automatically monitor the chemical oxygen demand, ammonia nitrogen, The sampling tube of the total nitrogen analyzer is inserted into the reagent bottle to take a fixed water sample, so that the automatic monitoring equipment does not collect the pollutants in the discharged wastewater. The data actually monitored and uploaded to the pollution source automatic monitoring platform is the pollutant of the fixed water sample in the reagent bottle Concentration data.
The above behavior of the company violated the provisions of Article 39 of the "Water Pollution Prevention and Control Law of the People's Republic of China". The Changchun Municipal Bureau of Ecology and Environment in accordance with the provisions of Article 83 (3) of the "Water Pollution Prevention and Control Law of the People's Republic of China" , Ordered the company to immediately correct the illegal behavior and imposed a fine of 450,000 yuan; in accordance with the provisions of Article 63 (3) of the Environmental Protection Law of the People’s Republic of China, the case was transferred to the public security organ and the company was responsible for the environmental protection of the company. He was in administrative detention for 5 days.
7. Case of interference with automatic monitoring facilities of Hongxing New Building Materials Factory in Weishi County, Kaifeng, Henan
On March 20, 2020, the law enforcement officers of the Environmental Supervision Brigade of Weishi County, Kaifeng City, Henan Province conducted an on-site inspection of the Hongxing New Building Materials Factory in Weishi County and found that the company was commissioning the wet electric dust removal equipment on March 6. Use 84 disinfectant to soak the air filter element in the pretreatment system of the flue gas continuous monitoring system, and reinstall the soaked filter element in the equipment, which interferes with the pollutant concentration monitoring of the external exhaust gas from the automatic monitoring equipment.
The above-mentioned behavior of the company violated the provisions of Article 20 Paragraph 2 of the "Law of the People's Republic of China on the Prevention and Control of Air Pollution." 3) and the "Henan Province Environmental Administrative Penalty Standards", order the enterprise to stop production and impose a fine of 300,000 yuan. As the company’s actions are suspected of environmental pollution crimes, the ecological environment department transferred the case to the public security agency in accordance with the "Interpretation on Several Issues Concerning the Handling of Environmental Pollution Criminal Cases" The case is processed.