In order to effectively deter the illegal transfer, dumping and disposal of hazardous waste across administrative regions, and to guide the grassroots standardization of case handling, the Ministry of Ecology and Environment organized the fourth batch of 8 typical cases involving cross-provincial administrative divisions to combat hazardous waste and environmental crimes. .
Among these cases, some illegally cross-province dumping, landfilling, and disposal of hazardous wastes, some simply disposing of hazardous wastes and then selling them as shoddy or mixed products, and some involving long-term illegal disposal of hazardous wastes and environmental pollution black industries Chain of criminal gangs.
Local ecological and environmental departments cooperate closely to unblock the joint law enforcement work mechanism for cross-provincial crimes, and cooperate with the public security and procuratorial organs to form a joint law enforcement force. Based on clues from the masses and grass-roots grid personnel, cross-provincial investigations, tracing the root causes, and effective deterrence Illegal and criminal acts involving hazardous waste.
The Ministry of Ecology and Environment reports to the Wuxing Branch of the Ecological Environment Bureau of Huzhou City, Zhejiang Province, Zhangpu Ecological Environment Bureau of Zhangzhou City, Fujian Province, Dongxiang Ecological Environment Bureau of Fuzhou City, Jiangxi Province, Zoucheng Sub-bureau of Ecological Environment Bureau of Jining City, Shandong Province, and Ecological Environment of Dezhou City, Shandong Province The Linyi Branch of the Bureau, the Ecological Environment Bureau of Loudi City, Hunan Province, the Beiliu Ecological Environment Bureau of Yulin City, Guangxi Zhuang Autonomous Region, and the Pucheng Branch of the Ecological Environment Bureau of Weinan City, Shaanxi Province for their outstanding performance in the handling of cases were praised, and they praised Anhui, Jiangsu, and Guangdong. , Zhejiang, Shanghai, Gansu, Ningxia, Sichuan, Shandong and other places of ecological environment departments to assist in the investigation of cross-provincial administrative division cases praised.
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 trans-provincial (autonomous region, municipality) hazardous waste environmental crime cases.
The specific contents of the fourth batch of 8 typical cases involving cross-provincial administrative divisions are as follows:
1. The case of Zhou Moumou and others suspected of illegally disposing of waste methyl ester oil and polluting the environment in Huzhou City, Zhejiang Province
[Typical Practice]
1. Start with small clues and cut the chain of illegal disposal of hazardous waste across multiple provinces.
2. Continue to focus on cracking down on "scattered and dirty" illegal workshops.
【Introduction to the case】
On April 29, 2020, Wuxing Branch of the Ecological Environment Bureau of Huzhou City, Zhejiang Province (hereinafter referred to as Wuxing Branch) received reports from the masses that a pungent odor was often emitted from an illegal small workshop in Zhili Town, Huzhou City.
Law enforcement officers rushed to the site to conduct an inspection and found that there were unknown chemical substances stored on the site, and some of the raw materials overflowed on the site, accompanied by a strong pungent odor.
It was identified that the unidentified chemical substance at the site was the rectification residue (hereinafter referred to as waste methyl ester oil) produced by the manufacture of plexiglass, which belonged to hazardous waste with toxic and hazardous characteristics, and the amount was about 300 tons.
The Wuxing branch commissioned a judicial appraisal agency to carry out ecological and environmental damage assessment.
After investigation, the criminal suspects Zhou XX (the actual operators of illegal small workshops reported by the masses in this case) and Zheng XX (an operator of another collection point) from Chuzhou and Xuancheng, Anhui at a price of 400-500 yuan/ton, Illegal plexiglass processing workshops in Yancheng, Jiangsu and other places purchased waste methyl ester oil, and after simple disposal, they sold it to downstream Anhui fuel oil purchasers at a price increase of 200 yuan per ton.
The purchaser sells the waste methyl ester oil as "heavy oil" at 2,700-3,000 yuan per ton to asphalt mixing plants in various parts of Anhui, and is eventually used as "fuel oil", which will pollute the atmosphere during the incineration process.
【Investigation】
On July 3, 2020, the Wuxing Branch of the Huzhou Ecological Environment Bureau transferred the clues to the Wuxing Branch of the Huzhou Public Security Bureau.
On July 8, the Wuxing Branch of the Public Security Bureau of Huzhou City formally filed a case for investigation.
Since then, the ecological environment department has cooperated with public security agencies to rush to Jiangsu, Anhui and other places to investigate and collect evidence on the upstream and downstream industries involved.
As of July 2021, 32 criminal suspects have been taken criminal compulsory measures (including upstream and downstream personnel such as illegal plexiglass processing workshops). The People's Procuratorate of Wuxing District, Huzhou City has approved 11 arrests, and the case is in the stage of public prosecution.
[Case Enlightenment]
Strengthen the source control of hazardous waste, and innovate the discovery mechanism of environmental violations
Small workshops without hazardous waste disposal qualifications illegally collect hazardous waste generated during the illegal production process of upstream small workshops for simple processing and disposal, and then sell them under the name of "products". They are shoddy, which is more confusing and concealed. All localities have strengthened the source control of hazardous waste, especially the supervision of the entire process of hazardous waste recycling industry.
At the same time, small workshops have simple production processes and production equipment, which are easily resurrected, and the selection of locations is relatively remote and concealed. Daily supervision is difficult. It is necessary to continuously innovate the detection mechanism of environmental violations and intensify the crackdown on "scattered and dirty" illegal workshops. .
2. Fujian and Guangdong jointly cracked down on Sun and others suspected of trans-provincial illegal dumping of aluminum ash to pollute the environment
[Typical Practice]
1. Fujian and Guangdong held several case research and judgment analysis meetings and jointly enforced law.
2. Quickly judge the facts of the case and report it to the provincial government to send personnel to support it.
3. Grid supervision detects environmental violations in a timely manner.
【Introduction to the case】
On June 22 and 24, 2021, Zhangpu Eco-Environment Bureau of Zhangzhou City, Fujian Province (hereinafter referred to as Zhangpu Eco-Environment Bureau) respectively received reports from environmental protection grid personnel from two towns in Zhangpu County that vehicles were suspected of being illegally transferred or dumped Solid Waste.
Law enforcement officers from Zhangpu Ecological Environment Bureau rushed to the scene immediately, and they were preliminarily judged to be suspected of a crime of illegal dumping of hazardous waste and environmental pollution.
In order to prevent the loss of evidence and the absconding of suspects, law enforcement officers contacted the local public security organs to conduct on-site surveys, inquiries and investigations, control suspects in violation of the law and seize and detain transfer trucks on the spot.
According to the site survey and investigation, it is preliminarily determined that the dumped solid waste was aluminum ash (hazardous waste category HW48), about 300 tons, which was transferred from Guangdong Province to Zhangpu County, Fujian Province for dumping.
In view of the seriousness of the case, on June 24, the Zhangpu Ecological Environment Bureau launched the investigation and handling mechanism for major environmental violations, established a special case team and commissioned sampling, consulted the public security and procuratorial organs to intervene in advance, and requested support from the higher-level ecological environment department.
The Fujian Provincial Department of Ecology and Environment immediately dispatched key law enforcement officers to the scene to guide the investigation and handling of the case, and simultaneously notify Guangdong Province of the facts of the case and the need for assistance in the investigation.
The two provinces of Fujian and Guangdong immediately launched a joint prevention and control cooperation mechanism for solid waste pollution prevention and control, and jointly deployed monitoring and enforcement cooperation.
At the same time, various departments in Zhangpu County communicated and cooperated closely to ensure the quality of case investigation and prevent secondary environmental pollution.
Zhangpu Ecological Environment Bureau is responsible for clue screening, evidence collection, hazardous waste identification and emergency disposal; Zhangpu County Public Security Bureau timely controls the persons involved in the case to prevent the loss of evidence and personnel escape; Zhangpu County People’s Procuratorate guides the investigation direction and proposes investigation and evidence collection opinions; The township government of the place where the case occurred was responsible for on-site containment, control and care.
From July 26th to 28th, with the strong support and cooperation of the Guangdong Provincial Department of Ecological Environment and the ecological environment departments of Foshan and Zhaoqing, the Zhangpu Ecological Environment Bureau sent a working group to carry out the traceability of hazardous waste.
The eco-environmental departments of Fujian and Guangdong provinces successively held 4 research and analysis meetings to jointly study the environmental assessment approval and acceptance data of the enterprises involved, discuss the case and the direction of investigation and treatment, clarify the details of work routes, on-site deployment and control, and evidence collection and fixation, and specialize in hazardous waste. It is the exchange of relevant regulations on the standardized disposal and utilization of aluminum ash, and experience in handling similar cases.
Based on the research and analysis, the law enforcement officers of the two provinces and three places carried out joint law enforcement on the spot, verifying the enterprises, loading points, and transportation routes that the persons involved in the case confessed, and carried out evidence collection in accordance with the law.
【Investigation】
On August 9, 2021, Zhangpu Ecological Environment Bureau of Zhangzhou City transferred the case to Zhangpu County Public Security Bureau according to law.
On August 10, Zhangpu County Public Security Bureau formally filed a case for investigation.
Currently, the case is under further investigation.
[Case Enlightenment]
1. Cross-provincial coordination and "integration" to form an organic complementary connection of environmental law enforcement forces
In handling cases of illegal transfer, dumping, and disposal of hazardous waste across provincial administrative regions, the provinces (autonomous regions, municipalities directly under the Central Government) involved trust each other, exchange information, actively communicate, and collaborate efficiently. The dumped site will be notified of the source of hazardous waste as soon as possible. The eco-environmental department of the source place immediately deployed the plan, and the two places held a case analysis meeting and joint law enforcement to form a joint environmental law enforcement force to jointly combat illegal and criminal acts of illegal transfer and dumping of hazardous waste across provinces.
2. Eco-environmental protection gridization opens up the "nervous endings" of supervision
Grid personnel inspections are frontline sentinels for discovering ecological and environmental problems, discovering and reporting suspected clues, effectively extending the regulatory tentacles. Through the construction of ecological environmental protection grid and information platform, various places can immediately organize and control the site, and deal with environmental pollution and ecological damage. Problems, to achieve precise and efficient law enforcement.
3. The case of Zhao and others illegally transferring and burying hazardous waste across provinces in Fuzhou City, Jiangxi Province
[Typical Practice]
Initiated incidental civil public interest litigation.
【Introduction to the case】
On June 7, 2018, the government of Wangqiao Town, Dongxiang District, Fuzhou City, Jiangxi Province reported that there was suspected illegal landfill of hazardous waste on a mountain in its jurisdiction. The Dongxiang Ecological Environment Bureau of Fuzhou City (hereinafter referred to as Dongxiang Ecological Environment Bureau) worked with Dongxiang District, Fuzhou City The Public Security Bureau immediately launched an investigation.
According to investigations, from January to May 2018, Li from Zhejiang, Zhao and Guan from Jiangxi, respectively, combined the distillation residues produced by a pharmaceutical raw material company in Hubei (medicine manufacturing, under the name of Shen). Hazardous wastes produced by another pharmaceutical company in Hubei were illegally transferred to Jiangxi Province on several occasions by trucks for storage (hereinafter referred to as District II and District III).
Later, Zhao and Guan were worried that they would be discovered, so they dug pits and buried the hazardous wastes in Districts II and III.
After testing and analysis, the landfill is classified as a flammable hazardous waste; the contents of nickel, total petroleum hydrocarbons, and ethylbenzene in the surrounding soil all exceed the screening value of the second type of construction land; the petroleum index in the surface water exceeds the level V limit of the surface water The value is more than 300 times.
At present, the hazardous wastes illegally landfilled at the site of the incident have been dug out, weighed (more than 500 tons in total), and all properly disposed of by the local town government.
The contaminated land is planned to complete ecological restoration work in 2022.
【Investigation】
On December 28, 2020, the People's Court of Dongxiang District of Fuzhou issued the following judgment:
(1) The defendants Zhao, Guan, and Li were sentenced to imprisonment ranging from three years to four months to two years for the crime of environmental pollution; at the same time, the defendants Zhao, Guan, and Li were paid for their illegal gains. .
(2) The defendant, Shen, committed the crime of environmental pollution and was sentenced to three years in prison, suspended for five years, and fined.
The People’s Procuratorate of Dongxiang District of Fuzhou City filed an incidental civil public interest lawsuit with the People’s Court of Dongxiang District of Fuzhou City on this case. The People’s Court of Dongxiang District of Fuzhou City, in conjunction with a third-party assessment agency, issued a judgment as follows:
Zhao, Guan, Li and Shen jointly bear the costs of excavation in Zone III, transfer and disposal costs, environmental damage assessment and assessment, environmental emergency monitoring costs and other expenses totaling RMB 1,619,778. Zhao, Guan, Li, Mr. Shen jointly assumed RMB 754,080 for the restoration of the ecological environment damage in District III.
Zhao, Guan, and Li jointly bear the costs of excavation in Zone II, transfer disposal fees, environmental damage appraisal and assessment fees, and environmental emergency monitoring costs, totaling RMB 298,098; Zhao, Guan, and Li jointly undertake Zone II The cost of restoration of ecological environment damage is RMB 3,242,992.
[Case Enlightenment]
Timely convergence of the two laws to initiate civil public interest litigation
In the process of handling environmental pollution cases, various localities should promptly activate the convergence mechanism between the two laws. Public security organs can quickly fix key evidence by intervening in case investigations as soon as possible. Procuratorates can initiate incidental civil public interest litigation to practice the spirit of ecological value and compensation for damage.
4. The case where Li Mouyi and others in Jining City, Shandong Province were suspected of discharging toxic substances to pollute the environment through seepage pits and other methods to evade supervision
[Typical Practice]
Implement the joint logistics linkage mechanism to quickly crack down on environmental violations and crimes.
【Introduction to the case】
On April 2, 2021, the Zoucheng Branch of the Ecological Environment Bureau of Jining City, Shandong Province (hereinafter referred to as the Zoucheng Branch) received the report from the town government that unidentified solid waste was dumped in a courtyard of the town.
Law enforcement officers immediately activated the joint logistics linkage mechanism and went to the scene with the Zoucheng Public Security Bureau to conduct investigations.
According to investigations, from November 2019 to September 2020, the criminal suspect Li Moujia contacted Cui Mou after Zhang Mou, a Jiangsu native, illegally transferred solid waste (part of hazardous waste) from Zhejiang and Shanghai to Shandong Province for transit Dumped.
In September 2020, Li Xia sent a person to dump one of the trucks of hazardous waste in Pingyi County, Linyi City, and stored the other three trucks of hazardous waste in the old plant of Li X, which was discovered by the Pingyi County Department of Ecology and Environment. A certain person was criminally dealt with (still in custody), and the dumped hazardous waste has been properly disposed of by the Pingyi County Ecological Environment Department.
In March 2021, Li Mouyi and Kong Mou and others dumped three vehicles of hazardous waste in Jining City where the case occurred.
After testing, the pH value of the waste liquid left at the dumping site is less than 2, which is a hazardous waste with corrosive and hazardous characteristics; the content of 1,2-dichloropropane and 1,2-dichloroethane in the surrounding soil exceeds the second type of construction land Control value.
In order to remove the pollution source as soon as possible and prevent the pollution from expanding further, the Zoucheng city government initiated emergency funds to properly dispose of more than 10 tons of hazardous waste and more than 800 tons of contaminated soil.
【Investigation】
On April 12, 2021, the Zoucheng Branch of the Jining City Ecological Environment Bureau transferred the case to the Zoucheng City Public Security Bureau after clarifying the attributes of the dumped waste liquid.
The Zoucheng City Public Security Bureau filed the case and established a task force on the same day.
The task force combined with the results of the preliminary investigation and drainage, and spent 2 days to go to many places in Shandong Province to investigate the illegal collection, transshipment, and dumping of hazardous waste "industry chain" headed by Li.
In April 2021, 7 persons involved in the case were criminally detained by the Zoucheng City Public Security Bureau on suspicion of environmental pollution.
On July 20, 2021, the People's Procuratorate of Zoucheng City prosecuted 7 persons involved in the case.
[Case Enlightenment]
Give full play to the joint logistics linkage mechanism to quickly detect such cases
The ecological environment department started the joint logistics linkage mechanism as soon as it got the clues, got in touch with the police of the Public Security Bureau and went to the scene to conduct inspections. Through rapid intervention, the efficiency of case handling was improved and the clues were prevented from disappearing.
5. Case of Wang Mou and others in Dezhou City, Shandong Province suspected of illegally landfilling hazardous waste and polluting the environment
[Typical Practice]
1. Unblock channels for reporting clues on environmental violations and crimes.
2. Cross-provincial coordinated case handling, arresting suspects involved in the entire chain from generation to dumping of hazardous waste.
【Introduction to the case】
In January 2021, a criminal suspect in another case reported to the public security organ that "Wang Mou, Linyi County, Dezhou City, buried unidentified waste in his aquaculture courtyard."
According to clues, the Linyi County Public Security Bureau of Dezhou City, Shandong Province, the Linyi Branch of the Dezhou Ecological Environment Bureau and the street office involved in the case immediately investigated and contacted the hazardous waste transfer destination (Jiangsu, Gansu) as soon as possible. Local departments coordinated to handle the case with each other, smoothly figured out the entire chain of illegal interests, and arrested the units that produced waste and the suspects who illegally dumped hazardous waste in one fell swoop.
Upon investigation, the suspect Wang was engaged in aquaculture work in Linyi County and leased the courtyard to Shan to store goods.
In May 2020, Shan placed about 30 tons of black activated carbon and about 10 tons of white powder in the courtyard. In July 2020, Wang placed the black activated carbon and white powder in landfills in the courtyard.
Tracing back to the source, the waste activated carbon landfilled in Wang’s farm came from a chemical company in Jiangsu, and the white powder was waste benzoic acid, which came from a biotech company in Gansu.
After testing, the toluene leaching concentration of the black and white solid waste landfilled in Wang’s breeding farm in Linyi County exceeded the prescribed limit. They are all hazardous wastes with leaching toxicity and hazardous characteristics, totaling about 40 tons.
Combining the hazardous characteristics of landfills, in order to avoid the further spread of pollution, the ecological environment department, public security and procuratorial organs jointly studied and decided to transport the landfilled hazardous waste to the hazardous waste disposal unit for proper storage before the rainy season. More than 200 tons of hazardous waste and contaminated soil were cleared and transported.
【Investigation】
On April 17, 2021, the Linyi County Public Security Bureau of Dezhou City filed a case for investigation.
At present, 9 suspects have been detained under criminal law.
The case is under further investigation.
[Case Enlightenment]
1. Actively explore cross-provincial linkage law enforcement cooperation methods in law enforcement practice, and form a long-term linkage mechanism
Establishing or signing a case law enforcement linkage mechanism or agreement for illegal transfer and disposal of hazardous waste across provincial administrative regions can institutionalize and standardize the coordination of environmental law enforcement forces in various regions in the case handling process, enhance cooperation between provincial ecological environment departments, and strengthen cooperation , Share and exchange experience and practices, understand the key points and difficulties of other provinces (autonomous regions and municipalities) in handling hazardous waste environmental cases, and exchange information and learn from each other.
2. Broaden reporting channels, attach importance to reporting clues, and improve reward mechanisms
The illegal trans-provincial transfer and dumping of hazardous waste is often concealed. It is necessary to strengthen grassroots environmental protection publicity, expand the channels for discovering environmental violations, and mobilize people inside the case to actively report.
6. The case of inter-provincial illegal disposal of hazardous waste and environmental pollution by Dai and others in Loudi City, Hunan Province
[Typical Practice]
1. Establish an inter-departmental long-term linkage mechanism for ecological environment departments, public security organs, and procuratorial organs to realize the convergence of the two laws.
2. UAV aerial surveillance, combined with big data analysis, to detect cases.
【Introduction to the case】
On December 25, 2018, the Ecological Environment Bureau of Loudi City, Hunan Province received a report from the public that a pungent smell was emitted from an abandoned brick factory in Louxing District.
Law enforcement officers quickly went to the site to conduct surveys and deployed excavators to unearth dozens of metal buckets. The contents of the buckets were suspected of hazardous waste such as industrial waste activated carbon.
Based on the case handling experience, the organizer judged that the report might be a major case involving illegal dumping and landfilling of a large amount of suspected hazardous waste, so it was immediately reported and the case was reported to the Louxing Public Security Bureau of Loudi City Public Security Bureau (hereinafter referred to as Louxing Public Security Bureau).
On the same day, Loudi City's Ecological Environment Bureau and Louxing Public Security Bureau went to the site to conduct surveys, and contacted professionals to conduct sampling and analysis and take emergency control measures to standardize the identification of hazardous wastes.
On December 26, 2018, the Louxing District Government of Loudi City, Hunan Province established a "12·25" joint investigation team for illegal dumping and landfilling of hazardous waste cases involving the Louxing Public Security Bureau and the Louxing Bureau of the Loudi Ecological Environment Bureau, and commissioned it The third-party organization shall conduct emergency clean-up and properly dispose of the hazardous wastes illegally dumped and buried on site.
After the incident, the law enforcement personnel of the ecological environment department sorted out the difficulties in handling the case, actively engaged with the public security and procuratorial organs, promoted the convening of joint meetings on the "12·25" case several times, and went to Sichuan, Guizhou, Chongqing, Hubei and other provinces to investigate and collect evidence for 4 days , A total of more than 20 volumes have been formed.
When encountering a bottleneck in the case, the law enforcement officers of the ecological environment department viewed more than 400,000 video recordings of bayonet along the line, tracked more than 500 suspicious transportation vehicles, and detected more than 20 suspicious areas by drone aerial photography. The public security organs used big data analysis to analyze The suspected perpetrators were investigated and the main criminal suspect was finally arrested.
After investigation, since 2017, the defendants Dai and Li have contacted enterprises in Huaihua, Changsha and other places in Hunan Province without obtaining a hazardous waste business license, and illegally collected more than 300 hazardous wastes at prices far below the market. Ton.
The defendants Dai and Li handed over 100 tons of hazardous waste to the defendant Yang who has no hazardous waste business license for disposal, and Yang handed some of the hazardous waste to the defendant Lu, who also has no qualifications for hazardous waste disposal. Liao handles it.
On December 24, 2018, Lu and Liao contacted excavators and trucks to dump and bury 245 barrels of more than 50 tons of hazardous waste directly at the site of the case.
The landfills involved were hazardous wastes such as distillation kettle residues and waste activated carbon produced by a Hunan company, which caused pollution of the surrounding atmosphere and soil.
The “12·25” environmental pollution case has the characteristics of a large number of hazardous wastes involved in the case, a large number of types, a mixed composition, a large number of people involved, a wide area, and a long time.
This case involved several cities in Hunan Province and some cities in Sichuan, Guizhou, Chongqing, Henan, Hubei, Guangdong and other provinces. There were 11 persons involved in the case. It is a criminal gang specializing in the illegal disposal of hazardous waste and the black industrial chain that pollutes the environment. The anti-reconnaissance consciousness has caused numerous obstacles to detection.
【Investigation】
1. Penalties
The procuratorate instituted public prosecutions against Dai Moumou and other 8 responsible persons, and 2 persons were released on guaranty and 1 person was dealt with in another case. In August 2020, the Louxing District People's Court issued a criminal judgment of the first instance as follows:
(1) Dai Moumou, Li Moumou, Guo Moumou, Lu Moumou, Huang Moumou, Yang Moumou, He Mou committed environmental pollution and sentenced to fixed-term imprisonment ranging from three years and seven months to one year and nine months, and Fine
(2) Yang Moumou committed the crime of polluting the environment and was sentenced to two years and seven months imprisonment and fined RMB 20,000; for the crime of illegal business operations, he was sentenced to one year imprisonment and fined RMB 100,000; several crimes were concurred. The penalty is a combined sentence of two years and two months, and a fine of RMB 120,000.
2. Compensation for ecological environment damage
At present, the Loudi City Ecological Environment Bureau has initiated ecological environmental damage in accordance with the "Opinions on Promoting the Reform of the Ecological Environment Damage Compensation System" issued by 11 ministries and commissions including the Ministry of Ecology and Environment and the "Implementation Plan for the Reform of the Ecological Environment Damage Compensation System of Hunan Province". Compensation negotiations, compensation for ecological damage compensation of 6,123,680 yuan, the site has been repaired in place.
[Case Enlightenment]
Actively integrate the advantages of various departments, establish a linkage mechanism, and achieve breakthroughs in case handling
建立“生态环境+公安+检察”联动机制可以在案件办理过程中，对出现的问题随时会商，通过梳理案件难点、明确办案思路、严谨推进调查取证，确保该案件移交程序的规范合法、调查取证合法合规、案卷移送起诉高质量。在办案前期生态环境部门调查过程中，公安和检察机关提前介入，以办理刑事案件的标准对前期现场采样、人员访谈、调查笔录制作等全过程进行指导跟踪，防止出现程序违法情况，保障案件顺利办结。办案过程中充分发挥各部门各自的办案优势，运用先进的科学技术和手段，通过大数据分析等方法，实现证据的快速固定和提高“查、打、诉”一体无缝衔接的办案效能。
七、广西壮族自治区玉林市“4·30”梁某等人涉嫌非法跨省转移、倾倒铝灰污染环境案
【典型做法】
依据《国家危险废物名录》(2021版)，快速认定铝灰(渣)的危险特性，加快案件办理。
【案情简介】
2021年4月30日，广西壮族自治区玉林市北流生态环境局(以下简称北流生态环境局)接到群众举报称，北流市某镇一仓库疑似非法贮存铝灰渣。北流生态环境局高度重视，立即赴该仓库调查。经查，仓库内堆放蛇皮袋包装的疑似铝灰(渣)固体约400吨，仓库前停靠的8辆大货车上装载同类固体约200余吨，共计约600余吨。
经进一步调查，该黑色固体系犯罪嫌疑人梁某在未办理合法手续和危险废物经营许可证的情况下，经中间人苏某某介绍从黄某某处非法转移获得，并收取一定的处置费，准备用于制造水泥砖，由黄某某负责运输并安排司机。吕某某等8名司机在明知“货物”与货运单不相符、货运手续不全且“货物”有刺激性气味、可能是危险物品的情况下，仍然承接运输业务，将疑似铝灰(渣)从广东省多个城市收运到北流市该镇仓库内，前后运输总共20车次。经委托鉴定，依据《国家危险废物名录》(2021版)，结合溯源分析，认定该黑色固体为铝灰(渣)，是具有反应性和毒性危险特性的危险废物，总量约650余吨。
此外，经生态环境部门和公安机关的深挖细查，相继在玉林市玉州区、容县、陆川县、博白县等地另查获12起非法转移、贮存、处置、倾倒危险废物环境违法犯罪行为。其中玉州区1起非法倾倒填埋约120吨危险废物铝灰(渣)的案件是北流市“4·30”污染环境案犯罪嫌疑人所为。目前已将玉州区非法倾倒填埋危险废物铝灰(渣)环境违法犯罪行为纳入北流市“4·30”污染环境案并案查处，其余案件正在另案侦办中。
【查处情况】
目前，玉林市生态环境局、玉林市公安局抽调市县两级人员组成6个涉固体废物环境污染案件专项工作组共53人,赴广东、广西各地调查取证、追踪溯源。截至2021年8月6日，北流市公安局已拘捕犯罪嫌疑人21人，查获涉案固体废物来源企业(窝点)6家(个)。目前北流市检察院以涉嫌污染环境罪批准逮捕梁某等11名犯罪嫌疑人，案件正在进一步调查审理中。
【案件启示】
提高铝灰(渣)环境管控，加大铝灰(渣)监管、执法和利用处置技术扶持力度
我国是铝业大国，每年产生大量铝灰(渣)。铝灰(渣)遇水会发生反应，释放氨气，受潮也容易自燃，非法倾倒铝灰(渣)会造成较大健康和环境风险。根据2016年版《国家危险废物名录》和国家危险废物鉴别相关标准，铝灰(渣)属于危险废物。《国家危险废物名录(2021年版)》进一步明确了铝灰(渣)的危险废物属性。
产生铝灰(渣)的企业应切实做好相关污染防治工作，严格落实危险废物相关法律制度要求，对产生的铝灰(渣)如实申报登记，进行管理计划备案以及落实好源头分类、应急预案和业务培训。生态环境部门也需要加强对铝灰的环境过程监管，依法从严执法，加强环境违法犯罪线索信息共享，严厉打击非法处置危险废物的行为。
八、陕西省渭南市张某等人利用废铅蓄电池非法炼铅污染环境案
【典型做法】
1.司法衔接及时，部门高效联动。
2.重视群众举报，扩展案件线索渠道。
【案情简介】
2019年6月11日，渭南市生态环境局蒲城分局(以下简称蒲城分局)接到群众微信投诉平台举报称，渭南市蒲城县某硫酸厂内有人非法处置废铅蓄电池，造成环境污染，执法人员立即赶赴现场调查，发现涉事硫酸厂东北角一废弃厂房内的一座非法炼铅炉正在生产，相关人员已全部逃逸。
蒲城分局立即启动联动机制，公安、检察机关当日即介入开展排查，封锁案发现场。同时召开联席会议，各部门各司其责，由检察院负责案件的取证指导，公安刑警大队进行现场勘察取证，公安环食药大队负责控制现场并动用技侦手段锁定嫌疑人，由蒲城分局负责现场检查笔录的制作、资料取证、监测、案发现场的危险废物及相关物品的查扣等。
经查，2019年5月底至6月11日期间，张某等先后八次前往宁夏、四川、山东等地购买废铅酸蓄电池(属于危险废物，HW49)共247.44吨，且在未取得危险废物经营许可证，未采取任何污染防治措施的情况下在涉事硫酸厂利用废蓄电池非法炼铅，并利用渗坑排放酸液。经检测，土渗坑内的酸液壤pH值为0.65，铅含量最高为40.6 mg/L，周边土壤也受到污染。
【查处情况】
2020年10月21日，蒲城县人民法院一审判决如下：
被告人张某、陈某某、李某金等8人犯污染环境罪，判处有期徒刑七个月至三年不等，其中金某某、杨某某、郭某、李某生和马某等5人宣告缓刑一年至一年六个月，并处罚金。
被告人张某、李某金2人不服判决，向渭南市中级人民法院提起上诉。2020年12月18日，渭南市中级人民法院二审裁定维持原判。
【案件启示】
1.司法衔接及时，部门高效联动
司法衔接及时，各部门高效联动，动用高科技手段锁定嫌疑人。在办理环境污染刑事案件时，公安机关和检察机关提前介入，全程指导，指明方向，公安机关动用技侦手段锁定嫌疑人，赴涉案省调查取证，将案件涉案人员一网打尽，为以后办理同类案件积累宝贵经验。
2.重视群众举报，扩展案件线索渠道
对违法地点较为偏僻的案件，线索来源和后期顺利查办离不开附近群众的全力配合，执法人员第一时间赴现场调查并保护、固定证据，对环境违法犯罪行为严厉打击，进一步提升人民群众环境幸福感和满意度。