China News Service, March 1. According to the website of the Supreme People's Court, on March 1, the Supreme People's Court released ten typical cases of environmental pollution by solid waste, including medical waste, expired medicines, electronic waste, and "foreign garbage". and other types of solid waste pollution.
In one of the cases, the defendant directly incinerated electronic waste such as waste circuit boards and waste wires without obtaining a hazardous waste business license.
Data map: Photo by China News Agency reporter Li Huisi of the Supreme People's Court
The Supreme Court emphasized that the case will help promote the legal and orderly recycling of electronic waste, promote the healthy development of the material recycling and reprocessing industry, and demonstrate the judiciary's zero-tolerance attitude towards crimes that damage the ecological environment.
There are ten typical cases of solid waste pollution by the people's courts that have been tried in accordance with the law by the Supreme People's Court this time:
1. The case of illegal disposal of medical waste by a Chongqing Medical Infusion Bottle Recycling Co., Ltd., Guan Mougang, Chen Moulin, Li Moufang, etc.
2. The case of Situ Mouxu, Situ Mouxie, Chen Moufeng, Li Mouxian, etc. illegally dumping toxic industrial solid hazardous waste to pollute the environment
3. The case of illegal disposal of expired drugs and environmental pollution by a Shanxi Biochemical Pharmaceutical Co., Ltd., Tian Moupo, etc.
4. The case of illegal burying of waste acid and waste oil by a villagers committee of Houbai Town, Jurong City, Yuan Mouzheng, etc.
5. The case of Zhang Mouwei, Zhang Moumeng, Jiang Mou, Kang Mouhui and others illegally dumping waste and polluting the environment
6. The case of Chen Mouqin and others incinerating electronic waste to pollute the environment
7. The case of Zhu's illegal collection and dumping of domestic waste to pollute the environment
8. The Third Branch of the Shanghai People's Procuratorate v. Langxi Solid Waste Disposal Co., Ltd., Ningbo High-tech Zone Trading Co., Ltd., Huang Mouting, Xue Mou smuggling "foreign garbage" to pollute the environment civil public interest litigation case
9. Lishui City Green Environmental Protection Association v. Qingtian County, a waste oil recycling processing plant, Hu Mouquan, etc. illegal dumping of waste residue to pollute the environment civil public interest litigation case
X. Xi'an Railway Transportation Procuratorate v. a management committee in Xixian New District, Shaanxi Province, an administrative public interest litigation case for failing to perform environmental supervision duties
Basic facts and typical meaning
1. The case of illegal disposal of medical waste by a Chongqing Medical Infusion Bottle Recycling Co., Ltd., Guan Mougang, Chen Moulin, Li Moufang, etc.
【Basic case】
The business scope of a Chongqing Medical Infusion Bottle Recycling Co., Ltd. is the recycling, transportation and disposal of disposable plastic infusion bottles (bags) and glass infusion bottles (excluding medical wastes) that are not contaminated by patients' blood, body fluids and excrement after use by medical institutions. ), the legal representative is Guan a post.
In August 2018, after the company recovered glass infusion bottles from medical institutions, it conspired with Li Moufang and Chen Moulin, shareholders of a Beijing Environmental Protection Technology Co., Ltd. The infusion bottles were sold to a Beijing Environmental Protection Technology Co., Ltd. without a hazardous waste business license, and Chen Moulin arranged for Chen Mouqiang to manage the production. During the production process, the workers carried out the mixed needles, cotton swabs, infusion tubes and other wastes. Buried disposal.
After the incident, the buried waste was excavated and transported. After identification, the batch of waste was hazardous waste, totaling 16.27 tons.
In November 2018, Guan Mougang knew that Li Moufang did not have a hazardous waste business license, but still introduced Yi Moulin to sell the caps of glass infusion bottles stored in a Chongqing Medical Infusion Bottle Recycling Co., Ltd. to Li Moufang to earn money difference.
From January to March 2019, Li Moufang hired workers to separate, screen, and clean the purchased bottle caps, and the cleaning wastewater was directly discharged to the outside environment without treatment. The screened needles, cotton swabs and other wastes were stacked in the factory building.
After the incident, it was identified that the bottle caps purchased from Yi Moulin were all hazardous wastes. After emergency disposal, a total of 72.9 tons of bottle caps and other wastes were transferred.
【Reference result】
The People's Court of Yubei District, Chongqing City ruled in the first instance that the defendant, a Chongqing Medical Infusion Bottle Recycling Co., Ltd., committed the crime of polluting the environment and was sentenced to a fine of 200,000 yuan; the defendants Guan Mougang, Li Moufang, Chen Moulin, Chen Mouqiang, Yi Moulin and others committed the crime of polluting the environment and were sentenced to fixed-term imprisonment ranging from two years and two months to one year and three months, and a fine.
In the second instance, the Chongqing No. 1 Intermediate People's Court commuted Guan Mougang's sentence to two years and four months in prison and fined him 100,000 yuan.
【Typical meaning】
This case is a criminal case caused by illegal disposal of medical waste to pollute the environment.
Medical wastes often carry a large number of germs and viruses, which are infective, infectious and other hazards. Especially in the current situation where epidemic prevention and control are normalized and the pressure on medical waste disposal is increasing, illegal disposal not only pollutes the environment, but also seriously threaten the health of the people.
Paragraph 1 of Article 90 of the "Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Wastes" stipulates that medical wastes are managed in accordance with the national list of hazardous wastes.
Article 14 of the "Medical Waste Management Regulations" stipulates that any unit or individual is prohibited from transferring or buying and selling medical waste; Article 22 stipulates that units without a business license shall not engage in activities related to the centralized disposal of medical waste.
In this case, the relevant units and personnel illegally engaged in the disposal of medical waste without obtaining a license for the operation of medical waste, causing environmental pollution, should bear criminal responsibility according to law.
The trial of this case shows that the people's court will never tolerate and severely crack down on the illegal disposal of medical wastes that pollute the environment, and it will help warn upstream and downstream related medical institutions, enterprises and practitioners to dispose of medical wastes in accordance with laws and regulations, so as to avoid illegal disposal of medical wastes. Improper handling creates a public health risk.
2. The case of Situ Mouxu, Situ Mouxie, Chen Moufeng, Li Mouxian, etc. illegally dumping toxic industrial solid hazardous waste to pollute the environment
【Basic case】
From September 2015 to March 2018, Wang Mou, Deputy General Manager of an Industrial Co., Ltd. in Jiangmen City, Guangdong Province (handled separately) The 23,067 tons of waste leaching residue (hereinafter referred to as leaching residue) were handed over to Situ Mouxu and Situ Mouxie without relevant qualifications for illegal disposal at a cost of 318 yuan per ton.
Situ Mouxu and Situ Mouxie subcontracted the above-mentioned leaching residues to Chen Moufeng and other people without relevant qualifications and transported them to Enping City, Jiangmen City, Xinhui District, Heshan City, Yangjiang City, and Teng County, Guangxi Zhuang Autonomous Region, respectively. illegal disposal in other places.
Instructed by Chen Moufeng, Li Mouxian was responsible for organizing vehicles and drivers to transport more than 4,700 tons of leaching slag to a brick factory in Dongcheng Town, Enping City and a brick factory in Shadui Town, Xinhui District for illegal dumping.
【Reference result】
The first instance of the People's Court of Enping City, Guangdong Province held that the defendants Situ Mouxu, Situ Mouxie, Chen Moufeng and Li Mouxian illegally disposed of toxic substances, with particularly serious consequences, all of which constituted the crime of environmental pollution.
The four defendants were convicted of the crime of polluting the environment and sentenced to fixed-term imprisonment ranging from five years to one year and eight months, as well as fines, and the illegal gains were recovered and confiscated.
The Intermediate People's Court of Jiangmen City, Guangdong Province ruled in the second instance to dismiss the appeal and uphold the original judgment.
【Typical meaning】
This case is a criminal case arising from the illegal disposal of toxic industrial solid hazardous waste generated during the production of lithium battery materials for new energy vehicles.
The new energy vehicle industry is an economic force guided by national policies, and it is also a popular environmental protection industry.
As a battery material, one of the core components of new energy vehicles, if the solid waste generated during the production process causes pollution due to illegal disposal, it will be contrary to the original intention of promoting the development of the new energy vehicle industry for the purpose of environmental protection.
The amount of solid waste involved in this case is huge, highly toxic, the pollution area spans two provinces and many places, and the consequences of environmental pollution damage are serious. When determining whether the defendant has the subjective intention to pollute the environment, the people's court shall refer to the normality reflected by the defendant's professional experience. Cognitive level: As an operator of the transportation industry, it is believed that the solid waste generated in the production process of the enterprise is harmful and that random dumping will pollute the environment.
The handling of this case is not only conducive to preventing the environmental pollution risks in the development of the environmental protection industry, and promoting the green and healthy development of the environmental protection industry, but also serves as a warning and deterrent to the illegal transportation of pollutants by the operators of the transportation industry and the consequences of allowing the pollution of the environment to occur. .
3. The case of a Shanxi Biochemical Pharmaceutical Co., Ltd., Tian Moupo and others illegally disposing of expired drugs and polluting the environment
【Basic case】
A Shanxi Biochemical Pharmaceutical Co., Ltd. has a drug business license granted by the Shanxi Provincial Drug Administration.
In July 2019, more than ten drugs such as norfloxacin capsules and Yinhuang granules operated by the company expired and need to be dealt with in time.
Tian Moupo, the actual controller, knew that the expired medicines needed to be treated harmlessly, but he still decided to dump and dispose of the expired medicines without permission, and on July 3, 2019, let company staff Yan Moude and Lu Mou drive separately The batch of expired medicines was transported to Xiaodian District, Taiyuan City for dumping.
After identification, the total net weight of the drugs involved was 3217.672 kilograms.
It was also found that the expired drugs involved in the case belonged to the hazardous wastes listed in the "National Hazardous Waste List".
On March 20, 2020, the local environmental protection department issued materials stating that the packaging of expired medicines at the dumping site was not damaged and had not directly contacted land or other resources.
【Reference result】
The People's Court of Xiaodian District, Taiyuan City, Shanxi Province held that the defendant unit, a Shanxi Biochemical Pharmaceutical Co., Ltd., violated state regulations by illegally dumping and disposing of more than three tons of hazardous waste, seriously polluting the environment; the defendant Tian Moupo, as the defendant unit, was directly responsible for The person in charge decided and arranged for the company's personnel to illegally dispose of hazardous waste; the defendants Yan Moude and Lu Mou, as other directly responsible personnel of the defendant unit, specifically implemented the behavior of disposing of hazardous waste, which constituted the crime of environmental pollution.
The defendant units were sentenced to a fine of 50,000 yuan respectively; the defendant Tian Moupo was sentenced to ten months in prison and a fine of 5,000 yuan; the defendants Yan Moude and Lu Mou were sentenced to six months in prison and a fine of 3,000 yuan.
The second instance of the Intermediate People's Court of Taiyuan City, Shanxi Province ruled to dismiss the appeal and upheld the original judgment.
【Typical meaning】
This case is a criminal case arising from the illegal disposal of expired drugs.
According to the "National List of Hazardous Wastes", "invalid, deteriorated, unqualified, eliminated, fake and inferior chemical drugs and biological products (excluding vitamins and minerals listed in the "National Essential Drug List", adjusted water, Electrolytes and acid-base balance drugs), and toxic traditional Chinese medicines listed in the "Administrative Measures for Toxic Drugs for Medical Use" are hazardous wastes and belong to "toxic substances".
In daily life, there are common problems such as insufficient understanding of the hazards of expired and expired medicines and how to dispose of them. The phenomenon of discarding expired medicines as ordinary household waste occurs from time to time, causing pollution of soil and water resources.
The handling of this case will help warn the public to fulfill the legal obligations of reducing the amount of domestic waste at the source and distributing it in a classified manner, promote the establishment of a smooth recycling channel for expired medicines, reduce the behavior of littering, dumping and burning expired medicines, and guide the whole people to participate in the Manually carry out the sorting and disposal of domestic waste.
4. The case of illegal burying of waste acid and waste oil by a villagers committee of Houbai Town, Jurong City, Yuan Mouzheng, etc.
【Basic case】
In June 2011, Hu Moufu signed an agreement with a villager committee in Houbai Town, Jurong City, Jiangsu Province to lease land and build a workshop to engage in the production and operation of lubricants.
Later, due to debt problems, the factory was unmanaged for a long time, the storage facilities were aging, and the waste acid and waste grease in the factory were leaked out, resulting in the pollution of the surrounding environment, which was reported by nearby villagers for many times.
In March 2017, the environmental protection department, together with professional institutions, went to the site to investigate the situation, and made a preliminary estimate of the waste acid and waste grease in the plant. The total weight was about 80 tons, and the required disposal cost was about 1 million yuan.
On December 11, 2017, Yuan Mouzheng, director of the village committee, proposed and chaired a meeting to study and decide to dig and bury the open waste in the above-mentioned workshop.
On the morning of January 9, 2018, Yuan Mouzheng arranged for Chen Mou to drive an excavator to dig a pit outside the courtyard on the north side of the plant, and bury all the waste acid and waste grease on the original cement floor into the soil pit.
After the incident, more than 700 tons of waste acid, waste oil and oily soil were dug out from the pit, and the local people's government spent more than 6.7 million yuan for emergency disposal.
【Reference result】
The People's Court of Xuanwu District, Nanjing City, Jiangsu Province ruled in the first instance that the defendant unit, a village committee in Houbai Town, Jurong City, Jiangsu Province, committed the crime of environmental pollution and was sentenced to a fine of RMB 100,000; 100,000 yuan in addition to a fine of RMB 60,000; the defendant, Chen Mou, committed the crime of environmental pollution and was sentenced to one year and three months in prison, suspended for one year and six months, and a fine of RMB 10,000 yuan; During the probation period, engage in business activities related to sewage discharge or disposal of hazardous wastes.
The judgment has come into effect.
【Typical meaning】
This case is a criminal case caused by the illegal burying of waste acid and waste oil.
The "Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste" stipulates that units and individuals disposing of hazardous wastes must take measures to prevent scattering, loss, leakage or other environmental pollution prevention; Hazardous Waste.
As a grass-roots mass autonomous organization, the villagers committee is an important part of the comprehensive social governance system and an important force in the construction of beautiful villages. It must continuously improve its environmental protection awareness and the level of the rule of law, and take the lead in abiding by and publicizing the Constitution, laws, regulations and national standards. policies, educate and promote villagers to fulfill their legal obligations and care for the environment.
In this case, the villagers committee, Yuan Mouzheng, etc., due to lack of relevant legal awareness, did bad things with "good intentions" and learned a profound lesson, which has a typical warning and educational effect.
The court, while imposing a penalty, prohibits the defendant from engaging in business activities related to sewage discharge or disposal of hazardous waste during the probation period of probation.
5. The case of Zhang Mouwei, Zhang Moumeng, Jiang Mou, Kang Mouhui and others illegally dumping waste and polluting the environment
【Basic case】
From March 23, 2020 to April 1, 2020, Zhang Mouwei took waste plastics, waste oil cloth, waste ink buckets, waste paint buckets and other wastes from his waste plastic pellet processing factory in a village west of Zhengding County, Hebei Province. Cooperate with Zhang Moumeng to contact Kang Mouwei who has no business procedures (handled separately), and deal with it at the price of 800 yuan/car.
Later, Kang Mouwei asked Jiang Mou to provide a dumping site at a price of 200 yuan per car. Kang Mouwei gathered Kang Mouhui to illegally dump 6 vehicles of hazardous waste into a seep pit in the north of a village in Sunzhuang Township, Jingxing County. The car was seized.
After that, the public security organs picked up the hazardous waste again and handed it over to a qualified company for disposal, and Zhang Mouwei paid the relevant disposal fees.
After identification, the dumped waste and the seized waste on the vehicle are hazardous waste, with a total weight of 3.99 tons.
【Reference result】
The Jingxing County People's Court of Hebei Province held that the defendants Zhang Mouwei, Zhang Moumeng, Jiang Mou, and Kang Mouhui violated state regulations by illegally disposing of and dumping hazardous wastes. Given that the four defendants had dumped less than 3 tons of solid waste, the defendants should After the incident, he pleaded guilty and accepted punishment, and actively fulfilled his obligation to repair. Zhang Mouwei, Zhang Moumeng, Jiang Mou, and Kang Mouhui were convicted of the crime of environmental pollution and sentenced to fixed-term imprisonment ranging from ten to eight months. income.
Except for Jiang, who is a recidivist, the other three defendants are all subject to probation.
The judgment has come into effect.
【Typical meaning】
This case is a criminal case arising from the illegal dumping of waste.
Solid wastes such as waste plastics, waste tarpaulins, waste ink buckets, and waste paint buckets are relatively common in production and life, and their environmental pollution is easily overlooked.
In particular, enterprises that generate a large amount of solid waste such as waste plastics, waste tarpaulins, waste ink drums, and waste paint drums in the production and operation process must have a clear understanding of this and ensure legal and compliant disposal to avoid environmental pollution.
The handling of this case will help to promote the relevant enterprises and the public to properly dispose of the common solid wastes in daily life, raise the public's awareness of the environmental hazards of solid wastes, and promote the harmless disposal of solid wastes.
At the same time, the trial court of this case, based on Article 5 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues concerning the Application of Law in Handling Criminal Cases of Environmental Pollution, "implementing the provisions of Articles 338 and 339 of the Criminal Law" If the perpetrator has just reached the standard that should be investigated for criminal responsibility, but the perpetrator takes timely measures to prevent the expansion of losses, eliminate pollution, fully compensate for the losses, and actively restore the ecological environment, and it is a first-time offender, and he does show remorse, it can be determined that the circumstances are minor. , do not prosecute or be exempted from criminal punishment; if it is really necessary to impose a criminal punishment, the punishment shall be lenient.” The circumstances of the defendant’s active performance of environmental restoration obligations afterwards are regarded as the circumstances of a lighter sentence, and a suspended sentence is applied in accordance with the law, which reflects restorative justice. It is helpful for the timely and effective restoration of the damaged ecological environment.
6. The case of Chen Mouqin and others incinerating electronic waste to pollute the environment
【Basic case】
Chen Mouqin, together with Lin Mouyan and Jiang Mouguo, from November 2018 to December 2019, without obtaining a hazardous waste business license, built a new building in a mountain dock in a village in Huaqiao Town, Dexing City, Jiangxi Province. Any incinerator with pollution prevention and control measures shall directly incinerate electronic waste such as waste circuit boards, waste wires and "cement balls" mixed with waste circuit boards, and extract metal ingots containing copper, gold, silver and other metals.
It has been identified that this type of electronic waste is hazardous waste, and the above-mentioned direct incineration method without environmental protection measures has caused serious pollution to the air, water and soil.
Although Chen Mouqin and others knew that the processing point did not have a hazardous waste management license and did not have pollution prevention measures, they still collected a large amount of electronic waste such as waste circuit boards from various places and sent them to the illegal processing point for disposal, which seriously polluted the environment.
【Reference result】
The People's Court of Dexing City, Jiangxi Province ruled in the first instance that the defendant, Chen Mouqin and other 13 persons, constituted the crime of environmental pollution, and was sentenced to fixed-term imprisonment of five years and three months to one year, as well as a fine, and the illegal gains were confiscated and recovered.
The Intermediate People's Court of Shangrao City, Jiangxi Province ruled in the second instance to dismiss the appeal and uphold the original judgment.
【Typical meaning】
This case is a criminal case caused by the incineration of electronic waste.
With economic development and technological progress, electronic waste has gradually become an important part of production and domestic waste.
According to Article 67 of the Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste, the state implements a multi-channel recycling and centralized treatment system for waste electrical and electronic products.
When dismantling, utilizing and disposing of waste electrical and electronic products, waste motor vehicles and ships, etc., relevant laws and regulations shall be complied with, and measures to prevent environmental pollution shall be taken.
In this case, the people's court implemented a full chain crackdown on illegal acquisition, disposal, smelting and other criminal links, completely cut off the chain of interests of illegal smelting of electronic waste, and effectively cracked down on criminal acts that polluted the environment.
The trial of this case will help promote the lawful and orderly recycling of electronic waste, promote the healthy development of the material recycling and reprocessing industry, and demonstrate the judiciary's zero-tolerance attitude towards crimes that damage the ecological environment.
7. The case of Zhu's illegal collection and dumping of domestic waste to pollute the environment
【Basic case】
From October to November 2020, Zhu operated a garbage transfer station in a courtyard on the southeast side of a village in Changping District, Beijing for profit, without obtaining the qualification for garbage disposal. The processed construction waste and domestic waste were later seized by the public security organs.
After measurement, Zhu received and dumped a total of 2,858.3 cubic meters of construction waste and domestic waste, including 1,510.3 cubic meters of domestic waste, which seriously polluted the environment.
The relevant departments deal with the above-mentioned garbage, resulting in a total cost of more than 390,000 yuan for the removal and transportation of domestic garbage.
【Reference result】
The first instance of the People's Court of Changping District, Beijing held that the defendant Zhu did not obtain relevant qualifications and illegally received and dumped untreated household garbage, which belonged to the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues concerning the Application of Law in Handling Criminal Cases of Environmental Pollution In the case of serious environmental pollution as specified in Article 1, Item 9, the act constitutes a crime of environmental pollution and shall be punished according to law.
The defendant Zhu was convicted of the crime of environmental pollution and sentenced to nine months in prison and a fine of RMB 20,000.
The judgment has come into effect.
【Typical meaning】
This case is a criminal case caused by illegal collection and dumping of untreated household garbage.
The Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste expressly prohibits any unit or individual from dumping and stacking domestic waste at will, and clearly stipulates the classification, transportation, treatment, recycling and other disposal steps of domestic waste.
In practice, the phenomenon of random discharge, dumping and disposal of untreated domestic waste occurs from time to time, often due to lack of timely management, resulting in different degrees of air, water, soil and other pollution over time.
The trial of this case will not only help to promote the relevant enterprises and practitioners to improve their legal awareness, to clarify that unqualified collection and dumping of untreated domestic waste will be investigated for legal responsibility, but also to guide the public to strengthen legal awareness and implement the classification of domestic waste. system and protect the ecological environment.
8. The Third Branch of Shanghai People's Procuratorate v. Langxi Solid Waste Disposal Co., Ltd., Ningbo High-tech Zone Trading Co., Ltd., Huang Mouting, Xue Mou smuggling "foreign garbage" to pollute the environment civil public interest litigation case
【Basic case】
Qian Moudong, the legal representative of a solid waste disposal company in Langxi, contacted Huang Mouting to purchase imported copper-containing solid waste.
Huang Mouting contacted a trading company in Ningbo High-tech Zone and Xue Mou for this purpose.
Xue organized a batch of 138.66 tons of copper sludge in a certain country, and a trading Co., Ltd. in Ningbo High-tech Zone made false customs declaration documents under the name of copper ore, and faxed the import information to the "Money General Goods List 222", etc. Notify a solid waste disposal company in Langxi.
After confirmation, Huang Mouting declares the import at Shanghai Port.
Afterwards, the batch of solid waste was seized by the customs and stranded in the port area and could not be returned.
It was identified that the copper sludge involved in the case contained a large amount of heavy metals, and it was necessary to entrust a unit with a hazardous waste business license for harmless disposal, and the disposal cost was 1,053,700 yuan.
The Third Branch of the Shanghai People's Procuratorate filed a civil public interest lawsuit in this case.
In addition, before the lawsuit in this case, the Third Branch of the Shanghai People's Procuratorate filed a criminal prosecution against a certain trading company in Ningbo High-tech Zone, Huang Mouting, and Xue Mou for smuggling the state's ban on the import of solid waste. A court and Xue were investigated for criminal responsibility, while a solid waste disposal company in Langxi was not investigated for criminal responsibility.
【Reference result】
The Shanghai No. 3 Intermediate People's Court held in the first instance that the four defendants, knowing that copper sludge is a solid waste prohibited by the state from being imported, jointly negotiated, divided labor and cooperated to implement the illegal import and purchase of overseas solid waste, causing environmental pollution. Risks, damage to the social public interests, should bear the tort liability according to law.
The four defendants were ordered to jointly and severally compensate the disposal fee of 1.0537 million yuan for the illegally imported solid waste (copper sludge).
The second-instance judgment of the Shanghai Higher People's Court rejected the appeal and upheld the original judgment.
【Typical meaning】
This case is a civil public interest litigation case for environmental pollution caused by illegal smuggling of "foreign garbage".
Article 115 of the "Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Wastes" stipulates that, in violation of the provisions of this law, solid wastes from outside the People's Republic of China are imported into the country, the customs shall order the solid wastes to return the solid wastes and impose a fine of 500,000 yuan. A fine of not less than 5 million yuan but not more than 5 million yuan.
The carrier shall be jointly and severally liable with the importer for the return and disposal of the solid waste specified in the preceding paragraph.
In recent years, my country has continuously increased its crackdown on "foreign garbage", and introduced a series of systems to completely prohibit the entry of "foreign garbage". However, due to the temptation of huge illegal interests, there are still many illegal people who take risks and send foreign goods from abroad. Importing "foreign garbage" poses a major safety hazard to my country's ecological environment.
In this case, under the circumstance that the imported solid waste could not be returned, the court ruled that the offender should bear the cost of harmless disposal, which embodies the principle of "environmental value and responsibility for damage", effectively deterring potential offenders, and clarifying While taking criminal responsibility, the offender still needs to bear the corresponding civil responsibility, which reflects the clear attitude of environmental justice to the comprehensive accountability of offenders.
9. Lishui City Green Environmental Protection Association v. Qingtian County, a waste oil recycling processing plant, Hu Mouquan, etc. illegal dumping of waste residue to pollute the environment civil public interest litigation case
【Basic case】
A waste oil recycling and processing plant in Qingtian County was established in 2008 and obtained a business license for individual industrial and commercial households in the name of Hu Mouquan, but the factory was actually run by a partnership of 13 people including Hu Mouquan.
Without obtaining a hazardous waste business license, the plant uses waste mineral oil as the main raw material, illegally extracts non-standard diesel oil through "local oil refining", discharges waste gas at will, and dumps the incinerated coal slag and waste slag mixture in The surrounding soil of the factory was seriously polluted.
It was identified that the dumping of waste residues caused pollution to 1,732.5 cubic meters of soil, of which 622.5 cubic meters of soil needed to be repaired by engineering at a cost of 371,400 yuan.
In addition, a waste oil recycling and reuse processing plant in Qingtian County and Hu Mouquan and others paid 1.38 million yuan in July 2019 to the special deposit account for hazardous waste disposal of the Environmental Protection Bureau for the disposal of the pollutants involved.
【Reference result】
After mediation by the Intermediate People's Court of Lishui City, Zhejiang Province, the parties reached a mediation agreement, acknowledging that the paid 1.38 million yuan will be used for the disposal of the pollutants involved in the case, and the remaining 328,700 yuan will be used to repay the soil remediation project costs and soil involved in this case. The ecological compensation fee and the insufficient part shall be paid by the defendants within 3 days from the date of signing this agreement.
【Typical meaning】
This case is a civil public interest litigation case of environmental pollution caused by illegal dumping of waste residues.
In this case, the court fully considered the urgency of the restoration of the environmental damage caused by solid waste pollution, actively exerted its judicial functions, organized on-site inspections and discussions for many times, fully realized all the plaintiff's claims and obtained the consent of all parties, Mobilize the enthusiasm of all kinds of subjects, resolve disputes through mediation, realize the joint participation, cooperation and joint governance of the government, courts, procuratorates, social groups and infringers, so that the cost of restoration projects and ecological compensation can be paid in the fastest form. , the shortest time in place, provides a guarantee for the pollution restoration work carried out one after another, and at the same time settles disputes and ends disputes, realizes the timely and effective restoration of the damaged ecological environment.
X. Xi'an Railway Transportation Procuratorate v. a management committee in Xixian New District, Shaanxi Province, an administrative public interest litigation case for failing to perform environmental supervision duties
【Basic case】
战国时期的望夷宫遗址位于陕西省西咸新区，遗址总面积30余万平方米。因望夷宫遗址保护范围内一处东西走向的沟道内存在大量建筑垃圾，沟道南侧填埋的建筑垃圾约为30000余立方米，沟道西北侧填埋的建筑垃圾约6000立方米，不仅污染周边生态环境，还对文物保护单位造成侵害，西安铁路运输检察院以陕西省西咸新区某管理委员会不履行环境监管职责为由提起行政公益诉讼。诉讼过程中，经法院督促，该管理委员会邀请环保专家及文物保护专家对现场进行了实地查看，委托具有相关资质的机构完成涉案地块的土壤分析调查，并根据专家意见制定了《望夷宫遗址专项整治行动工作方案》。依据该工作方案，由管理委员会牵头，组织文物局、生态环境局、城市管理和交通运输局、自然资源和规划局、公安部门及街道办事处等职能部门，按照“清、运、填、覆、绿”的程序，进行清理整治，使局部环境得到改善，扬尘污染得到根本性治理。西安铁路运输检察院认为其诉讼请求已得到实现，遂撤回起诉。
【裁判结果】
西安铁路运输法院一审认为，管理委员会在诉讼过程中清运整治建筑垃圾，消除文物保护潜在危险，有效保护遗址本体，达到预期目标。西安铁路运输检察院撤回起诉，符合《最高人民法院、最高人民检察院关于检察公益诉讼案件适用法律若干问题的解释》第二十四条“在行政公益诉讼案件审理过程中，被告纠正违法行为或者依法履行职责而使人民检察院的诉讼请求全部实现，人民检察院撤回起诉的，人民法院应当裁定准许”的规定，故裁定准许西安铁路运输检察院撤回起诉。
【典型意义】
This case is an administrative public interest litigation case caused by the administrative organ failing to perform its environmental supervision duties.
The purpose of administrative public interest litigation is to urge administrative organs to actively and correctly perform their statutory duties, and to safeguard national interests, social public interests and the people's environmental rights and interests.
In this case, a large amount of construction waste was buried within the protection area of the Wangyi Palace site, which not only polluted the surrounding ecological environment, but also affected the protection of the site's cultural relics.
In order to properly protect the cultural relics and renovate the environment, the people's court has actively extended the judicial function during the trial of the case, and promoted the active action of the administrative organ. Effectively manage the environment, eliminate the potential danger of cultural relics, and protect the body of the site, effectively protect the ecological environment of the cultural relic site, fully reflect the positive role of multi-ecological co-governance of the ecological environment, and achieve good legal and social effects.