China News Service, May 6th, according to the official WeChat news of the Ministry of Ecology and Environment, in order to crack down on illegal and criminal acts of hazardous waste in the environment, strengthen warnings and publicity, and guide the standardized management of hazardous wastes, in May 2022, the Ministry of Ecology and Environment announced 9 crackdowns. Typical cases of hazardous waste environmental crimes.

Local ecological environment departments have discovered clues by means of drone aerial photography, mass reporting, "dual random" inspections, online searches, and inter-departmental linkages. Environmental violations and crimes.

The details are as follows:

1. The case of Qiao Mou and others in Hengshui City, Hebei Province suspected of illegal disposal of waste batteries to pollute the environment

  【Introduction to the case】

  From March to May 2021, the Anping County Branch of the Ecological Environment Bureau of Hengshui City, Hebei Province (hereinafter referred to as the Anping Ecological Environment Branch) used a drone to discover suspicious wastes stored in a private pig farm in Zhangshe Village during the inspection and remediation of hazardous wastes When the law enforcement officers went to investigate, the gate of the pig farm was closed and no one responded. They then publicized the relevant contents of the ecological environment pollution reporting reward system to the nearby villagers, and encouraged the informed villagers to actively provide clues about environmental violations.

  On June 24, 2021, the Anping Ecological Environment Sub-bureau received reports from the public that Zhangshe Village had illegally disposed of waste batteries and discharged electrolyte. The Anping Ecological and Environmental Sub-bureau immediately joined the Anping County Public Security Bureau to investigate.

  After investigation, the reporting location was the pig farm that was discovered by the original drone.

There is a FRP storage tank in the pig farm, which stores about 5 tons of electrolyte for dismantling old batteries. When the FRP storage tank is full, the untreated electrolyte is discharged into the dry toilet in the southeast corner of the plant through plastic pipes and a pump. During the inspection, a person was dismantling the used battery.

On the same day, the Anping Ecological Environment Bureau properly transferred and stored the undisassembled and disassembled waste batteries and electrolytes.

According to the "Implementation Rules for the Rewards for Reporting and Rewarding of Eco-environmental Pollution of the Anping County Branch of the Hengshui City Eco-Environmental Bureau", the Anping Eco-Environment Branch will reward the whistleblower with a reward of 10,000 yuan.

  【Investigate and deal with the situation】

  According to Article 338 of the Criminal Law of the People's Republic of China and Article 1 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, Qiao and others illegally disposed of waste batteries suspected of polluting the environment.

  On July 12, 2021, the Anping Ecological Environment Branch transferred the case to the Anping County Public Security Bureau, and the Anping County Public Security Bureau officially filed the case on the same day.

The Anping County People's Procuratorate filed a public prosecution with the Anping County People's Court on November 26, and plans to file a civil public interest lawsuit for ecological damage compensation in the case.

Currently, the case is under trial.

  【Revelation meaning】

  In remote areas such as cities, rural areas, and non-industrial areas where cases of illegal discharge, dumping, landfill, and disposal of hazardous wastes are frequent, targeted publicity and reporting and reward system can effectively mobilize the enthusiasm of the public to participate, and rely on the people to jointly crack down on environmental violations behavior, and improve the supervision level of ecological and environmental protection.

2. The case of Sun Moumou and others in Changzhi City, Shanxi Province suspected of illegally dumping hazardous wastes across provinces to pollute the environment

  【Introduction to the case】

  On April 2, 2021, the Lucheng Branch of the Ecological Environment Bureau of Changzhi City, Shanxi Province (hereinafter referred to as the Lucheng Ecological Environment Branch) received a clue transfer letter from the Lucheng Branch of the Changzhi City Public Security Bureau (hereinafter referred to as the Lucheng Public Security Branch), reflecting that someone was suspected of being The illegal dumping of "low-cut" industrial waste liquids in a factory. Law enforcement officers from the Lucheng Ecological Environment Bureau and Lucheng Public Security Bureau immediately carried out an investigation and found that a small amount of tar remained in the tar storage pool of the former Fuxing Chemical Factory in Chitou Village, Dianshang Town. Light yellow-green unidentified liquid, and the storage tank has not been treated with anti-seepage treatment; in addition, there is light yellow unidentified waste liquid in the waste water collection tank of Jintong Coking Plant in Shihui Town.

It has been identified that the liquids in the pools of the above two factories are liquid wastes, both of which are hazardous wastes (HW39 phenol-containing wastes).

  After investigation, from March 2020 to January 2021, the above-mentioned industrial waste liquid was contacted by Mr. Sun, Mr. Niu and Mr. Qin in the form of "favorable fees" to contact Mr. Guo, Mr. Xin and Mr. Zhang in Lucheng District. 3 locals looking for a place to dump.

By the time of the incident, about 1,800 tons of waste liquid dumped in the tar storage tank of the former Fuxing Chemical Plant in Chitou Village, Dianshang Town, had basically leaked into the external environment.

After appraisal and assessment, the quantified amount of ecological environmental damage caused by illegal dumping is more than 14 million yuan.

Under the supervision of the ecological environment department, the public security organ, the market supervision bureau, the local town government and the parties concerned, the waste liquid in the waste water collection tank of the Jintong Coking Plant in Shihui Town was entrusted to a qualified third party for weighing and proper disposal, with a total of 160.12 tons. .

  【Investigate and deal with the situation】

  In accordance with 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 Law in Handling Environmental Pollution Criminal Cases, the Lucheng Ecological Environment Bureau The case was transferred to the Lucheng Public Security Bureau for investigation and handling according to law.

On January 25, 2022, the People's Court of Lucheng District issued a criminal judgment on three local people who contacted the dumping site in Lucheng District: Guo Moumou, Xin Moumou, and Zhang Moumou committed the crime of polluting the environment and were sentenced to three years and six years in prison respectively. The prison term ranges from one month to one year and ten months in prison, and a fine ranging from 40,000 to 10,000 yuan.

  The main suspects in the case, Sun Moumou, Niu Moumou, Qin Moumou and others, were dealt with separately (criminal compulsory measures have been taken).

At the same time, the Lucheng District People's Procuratorate brought a criminal incidental civil lawsuit to the Lucheng District People's Court against Xinzheng Xinzheng Resin Co., Ltd., Henan Province and its 29 persons involved (including drivers and escorts).

At present, the case is under further trial.

  【Revelation meaning】

  In the process of law enforcement, for liquid wastes of unknown origin, according to the "General Rules for the Identification of Solid Wastes" (GB 34330-2017), "wastewater" and "waste liquids" are strictly distinguished.

After testing and identification, for those with hazardous properties, scientific classifications such as "National Hazardous Waste List (2021 Edition)" and "Technical Specifications for Hazardous Waste Identification" (HJ 298-2019) are used to facilitate reasonable and compliant disposal.

3. Twenty-six steel pipe leasing companies in Hangzhou City, Zhejiang Province suspected of illegal disposal of waste mineral oil to pollute the environment

  【Introduction to the case】

  On March 24, 2021, the Hangzhou Ecological Environment Bureau of Zhejiang Province conducted a "double random" law enforcement inspection of Zhejiang Meige Machinery Co., Ltd. and found that the amount of waste mineral oil transferred in the company's hazardous waste transfer documents in the past three years was Zero, further investigation found that the company's waste mineral oil ultimately went to a steel pipe leasing company.

According to the mechanism of sharing and sharing illegal clues between the Zhejiang Provincial Department of Ecology and Environment and the Zhejiang Provincial Public Security Department, the Hangzhou Municipal Bureau of Ecology and Environment immediately notified the Hangzhou Municipal Public Security Bureau of the clues about the suspected illegal act.

  After investigation, there is an unspoken industry rule in the steel pipe leasing industry in Hangzhou that illegally uses waste mineral oil to paint snaps, screws and other components to prevent rust and refurbish. The company purchases waste mineral oil from the dens for a long time.

After traceability and investigation, the clues involved a total of 9 districts, counties (cities) including Lin'an, Linping and Fuyang, including 26 dens for illegal disposal of waste mineral oil, including Hangzhou Fuyang Mingsheng Steel Pipe Leasing Service Department and Hangzhou Lin'an Wenda Steel Pipe Leasing Station.

No hardening and anti-seepage measures were taken in the painting operation area of ​​each den. After sampling and testing, the petroleum hydrocarbons and other indicators in the soil samples exceeded the corresponding standards of "Soil Environmental Quality Construction Land Soil Pollution Risk Management and Control Standard (Trial)" (GB 36600-2018) limit, the illegal disposal will cause environmental pollution.

  【Investigate and deal with the situation】

  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 Law in Handling Environmental Pollution Criminal Cases, the relevant units illegally disposed of waste The behavior of mineral oil is suspected of polluting the environment.

  In June 2021, the Hangzhou Municipal Bureau of Ecology and Environment will transfer the case to the local public security organ according to law.

Nine district and county (city) public security bureau branches in Hangzhou City, including Lin'an, Linping, and Fuyang, formally filed a case for investigation on the same day.

As of early December, the People's Procuratorates of 9 districts and counties (cities) in Hangzhou, including Lin'an, Linping, and Fuyang, have filed lawsuits against 55 people.

Currently, the case is under further investigation.

The local ecological environment bureaus have carried out in an orderly manner the work of investigating the responsibility for ecological and environmental damage compensation in accordance with the law.

  【Revelation meaning】

  "Double randomness" is the main means for the ecological environment department to carry out daily law enforcement inspections. Further investigation of suspicious clues found in daily inspections can uncover clues suspected of environmental violations and crimes, and improve the efficiency of ecological environment law enforcement.

4. The case of Zhu Moumou and others in Fuzhou City, Fujian Province suspected of using abandoned mines to illegally dump hazardous waste across regions to pollute the environment

  【Introduction to the case】

  On May 12, 2021, the Fuqing Ecological Environment Bureau of Fuzhou City, Fujian Province (hereinafter referred to as the Fuqing Ecological Environment Bureau) received reports from the public that suspected industrial solid waste was dumped in an abandoned mine in Fuqing City.

Law enforcement officers immediately went to the site to investigate and found that the water in the abandoned mine was light blue with a pungent odor, and there was gray powder left at the scene.

The Fuqing Ecological Environment Bureau asked the public security organs to intervene in the investigation.

  On May 22, 2021, the Fuqing Municipal Public Security Bureau found that the gray powder involved came from Jianning County, Sanming City, Fujian Province, and was suspected of involving the transfer of hazardous waste across cities.

On the same day, the Fuqing Ecological Environment Bureau reported to the Fuzhou Ecological Environment Bureau and requested the Fujian Provincial Department of Ecology and Environment to intervene.

After investigation, the solid waste involved is secondary aluminum ash produced by Fujian Baiyida New Material Technology Co., Ltd. using aluminum slag to extract aluminum ingots. Since May 11, 2021, the company has transferred about 100 tons to Fuqing City.

According to the "National Hazardous Waste List (2021 Edition)", secondary aluminum ash is classified as hazardous waste.

  After the incident, the Fuqing Ecological Environment Bureau immediately cooperated with the local town government to carry out environmental emergency work such as mine closure, surrounding drinking water monitoring, and mine waste water overflow prevention. Reports, and together with the local town government to visit the surrounding people from house to house, to avoid causing panic.

At present, the Fuqing Ecological Environment Bureau is entrusting the preparation of ecological governance and restoration plans, which will be carried out after the completion of emergency response work such as ecological restoration and damage compensation.

The Fuqing Municipal People's Government organized a special meeting to study, and the municipal finance paid in advance the emergency disposal expenses to carry out ecological management and restoration.

  【Investigate and deal with the situation】

  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 Law in Handling Criminal Cases of Environmental Pollution, Article 1, Item 2, Zhu Moumou et al. Illegal dumping of hazardous waste is suspected of polluting the environment.

  On June 1, 2021, the Fuqing Ecological Environment Bureau officially transferred the case to the Fuqing Municipal Public Security Bureau, and sent a copy to the Fuqing Municipal People's Procuratorate.

The Fuqing Public Security Bureau opened a criminal case on the same day.

In July, the Fuqing Municipal Public Security Bureau transferred the case to the Fuqing Municipal People's Procuratorate for review.

On November 3, the Fuqing City People's Procuratorate filed a public prosecution with the Fuqing City People's Court.

Currently, the case is under trial.

  【Revelation meaning】

  In the face of environmental emergencies such as solid waste dumping, in addition to cooperating with local governments to strengthen environmental risk management and pollution prevention and control, local ecological and environmental departments can communicate with local media and surrounding people to strengthen publicity and reporting, increase information disclosure, and use multiple channels. Protect the legitimate rights and interests of surrounding people.

5. Henan Province Puyang Runda Energy Technology Co., Ltd. suspected of illegal disposal of hazardous waste to pollute the environment

  【Introduction to the case】

  When the law enforcement officers of the Ecological Environment Bureau of Puyang City, Henan Province were sorting out early cases of illegal pickling and oil reduction, they found that Puyang Runda Energy Technology Co., Ltd. had an EIA warehousing and transshipment project through industrial and commercial registration and EIA documents. There is no production process, but since 2020 A large amount of sulfuric acid has been purchased since the beginning of the year.

After investigation, the company privately increased the process of washing oil with sulfuric acid clay and was suspected of using sulfuric acid to illegally refine reduced-line oil. During the production process of this process, a large amount of HW34 waste acid, HW08 waste mineral oil and mineral oil-containing wastes will be produced. Hazardous waste.

  On June 1, 2021, law enforcement officers found that the company involved transported the suspected hazardous waste generated by the truck to a hospital near an oilfield company, suspected of illegally disposing of hazardous waste.

On June 2, the Puyang Municipal Bureau of Ecology and Environment invited the Zhongyuan Oilfield Public Security Bureau of Henan Province to intervene in the investigation and formed a joint task force.

On the same day, when the company involved in the case shipped out suspected hazardous waste again, the task force immediately went to the scene and found that there were about 100 tons of mounds mixed with black colloidal substances, 42 tons of pickling oil residues, 8 tons of barrels and 1 Each ton of waste white clay has been identified as hazardous waste.

At present, the Puyang County People's Government has properly disposed of the hazardous waste involved in the case.

  【Investigate and deal with the situation】

  According to Article 112 of the "Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste", the Puyang Municipal Bureau of Ecology and Environment sent a letter to the Puyang County People's Government to close the company involved in accordance with the law.

  According to Article 79 of the Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste, Article 338 of the Criminal Law of the People's Republic of China, and Several Issues concerning the Application of Laws by the Supreme People's Court and the Supreme People's Procuratorate in Handling Criminal Cases of Environmental Pollution According to Article 1, Item 2 of the Interpretation, the company's illegal disposal of hazardous wastes is suspected of the crime of polluting the environment.

  On June 3, 2021, the Puyang City Ecological Environment Bureau transferred the case to the Zhongyuan Oilfield Public Security Bureau of Henan Province.

The Public Security Bureau of Zhongyuan Oilfield in Henan Province officially opened the case on the same day, and on June 4 criminally detained the three persons involved.

At present, the actual controller of the company has surrendered, and the case is under further investigation.

  【Revelation meaning】

  Environmental pollution cases often have distinct industry characteristics and typical material characteristics, and law enforcement officers can further discover and uncover more hidden illegal clues based on the actual case handling, thereby improving the efficiency of ecological environment law enforcement.

6. The case of Zhao Moumou and others in Foshan City, Guangdong Province suspected of illegally disposing of hazardous wastes across regions and polluting the environment

  【Introduction to the case】

  In June 2021, the staff of the Ecological Environment Bureau of Foshan City, Guangdong Province found that someone had posted a video on the acquisition of waste packaging barrels on a short video platform. Combined with the case handling experience and further investigation, law enforcement officers suspected that there was an illegal acquisition and disposal behind the short video. The criminal industry chain of waste packaging barrels, and immediately reported the clues to the Foshan City Public Security Bureau.

The Foshan Municipal Public Security Bureau designated the sub-bureau of Gaoming District Public Security Bureau of Foshan City (hereinafter referred to as the Gaoming District Public Security Sub-bureau) to carry out the investigation.

  After investigation, Zhao Moumou did not have a hazardous waste business license. He purchased waste packaging barrels containing raw materials and chemical products from Foshan Gaoming Tangcai Paint Co., Ltd. and Foshan Guohua New Material Technology Co., Ltd., and transferred them through open-air warehouses. Afterwards, it was transported to the processing plant in Gaoyao District, Zhaoqing City for cleaning and painting renovation.

The on-site inspection found that the exposed soil of the site was obviously covered with blue paint, and the record data on the generation and transfer of hazardous wastes of the supplier of the packaging barrels involved did not match the actual situation.

  From July to September 2021, the Gaoming District Public Security Bureau and the Foshan Ecological Environment Bureau Gaoming Branch will simultaneously collect the illegal disposal of waste packaging barrels in Foshan and Zhaoqing. A total of 2 dens and 2 companies are involved.

It has been identified that the waste liquid from the storage tank, barreled waste liquid and some waste empty barrels on the processing plant site are all hazardous wastes, with a total of about 3.2 tons.

  【Investigate and deal with the situation】

  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 Law in Handling Criminal Cases of Environmental Pollution, Article 1, Item 2 and Article 6, Mr. Zhao Certain acts of illegal disposal of hazardous wastes are suspected of the crime of environmental pollution.

  On August 15, 2021, the Gaoming District Public Security Bureau filed a case.

On November 30, the Gaoming District Public Security Branch transferred the case to the Foshan Gaoming District People's Procuratorate for review and prosecution.

On January 7, 2022, the Foshan Gaoming District People's Procuratorate filed a public prosecution with the Foshan Gaoming District People's Court.

The case is currently under trial.

  【Revelation meaning】

  During the production process of chemical enterprises, various waste packaging materials containing chemical raw materials or products will be generated. and other documents to actively identify or entrust the identification of whether the waste packaging is hazardous waste.

If the waste packaging is hazardous waste, it shall be properly stored, collected, transferred, utilized and disposed of in accordance with the requirements for standardized environmental management of hazardous wastes.

7. The case of Xie Ganggang Brick Factory in Yongchuan District, Chongqing City suspected of cross-regional illegal disposal of hazardous waste to pollute the environment

  【Introduction to the case】

  On August 7, 2020, the Comprehensive Administrative Law Enforcement Detachment for Ecological Environmental Protection in Yongchuan District, Chongqing City (hereinafter referred to as the Yongchuan Detachment) received reports from the public that someone dumped a carload of oily waste in Yishangou, Yongchuan District, Chongqing City.

Law enforcement officers immediately rushed to the scene to carry out inspections and found a large amount of oily waste at the reporting site.

  After investigation, the solid waste involved is the oil-bearing mud (oil-based cuttings) generated by the gas test operation of the Well Heshen 4 project in Wusheng County, Sichuan Province by the Downhole Operation Branch of Sinopec Southwest Petroleum Engineering Company.

The actual project leader Yang Mou and safety officer Zhou Moumou entrusted the disposal of oily mud to Chongqing Guohao Environmental Protection Industry Co., Ltd., which does not have a hazardous waste business license. About 34.55 tons of mud were dumped in the ravine by Wu Moumou and Peng Moumou from Xie Gang Gang Brick Factory in Yongchuan District, Chongqing City.

In addition, Wu Moumou also transported 18.38 tons of oily mud from other places and dumped it in the soil pit of Xie Ganggang Brick Factory.

After identification, the two oily muds belong to the HW08 category of hazardous waste.

  According to the "Joint Law Enforcement Work Mechanism" signed by the Chongqing Municipal Bureau of Ecology and Environment and the Sichuan Provincial Department of Ecology and Environment, the Yongchuan Detachment has cooperated with the Chongqing Yongchuan District Public Security Bureau to carry out case investigations in Wusheng County, Weiyuan County, Neijiang City and other places in Sichuan Province for many times. Forensics work.

  【Investigate and deal with the situation】

  1. Punishment

  In accordance with Article 79 of the Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste and 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, Article 1, Item 2, in 2020 On August 7, the Yongchuan Detachment transferred the case to the Public Security Bureau of Yongchuan District, Chongqing City.

On January 17, 2022, the Jiangjin District People's Court of Chongqing City publicly sentenced: Wu Moumou was sentenced to 7 months and 1 day in prison and fined 20,000 yuan; Peng Moumou, Yang Mou, Zhou Moumou and other 7 people involved in the case They were sentenced to fixed-term imprisonment of 6 months to 3 months of short-term imprisonment, and a fine of 10,000 yuan.

  2. Compensation for damage to the ecological environment

  Chongqing Yongchuan District Ecology and Environment Bureau recovered 1,744,919 yuan of ecological environment damage compensation from the relevant compensation obligors through the negotiation of ecological environment damage compensation, and urged the relevant responsible parties to carry out ecological restoration.

At present, the two hazardous waste dumping plots have been repaired and passed the inspection.

  【Revelation meaning】

  The establishment of a cross-provincial administrative region ecological environment law enforcement linkage mechanism and a police cooperation mechanism can form a cross-regional joint force to crack down on illegal and criminal crimes in the ecological environment field such as subcontracting and illegal disposal of hazardous waste in different places, and ensure the smooth transfer and investigation of cases.

Through consultations on compensation for damage to the ecological environment, the compensation for damages will be recovered in a timely manner, and the restoration of the ecological environment will be promoted.

8. The case of Jiazhen Renewable Resources Utilization Co., Ltd. in Ankang City, Shaanxi Province suspected of illegally disposing of hazardous waste and polluting the environment

  【Introduction to the case】

  On May 18, 2021, the Ecological Environment Bureau of Ankang City, Shaanxi Province received reports from the public that Ankang Jiazhen Renewable Resources Utilization Co., Ltd. was suspected of illegally disposing of hazardous waste.

On May 19, the law enforcement officers of the comprehensive law enforcement detachment of ecological and environmental protection in Ankang conducted a surprise inspection of the company and found that the company was suspected of illegally dismantling waste lead-acid batteries. There are a large number of waste lead-acid batteries being dismantled in its production area. Verified, a total of 66.77 tons of waste lead plate.

The Ankang Municipal Bureau of Ecology and Environment has rewarded whistleblowers in accordance with the "Implementation Measures for Reporting and Rewarding of Illegal Behaviors in the Ecological Environment of Ankang City".

  【Investigate and deal with the situation】

  According to Article 25 of the "Environmental Protection Law of the People's Republic of China" and Article 4, Item 1 of the "Measures for Seizure and Seizure by Environmental Protection Authorities", the Ankang Municipal Bureau of Ecology and Environment announced the company on May 21, 2021. Hazardous wastes (waste lead-acid batteries) illegally collected and stored in the production area were transferred and seized.

  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 Law in Handling Criminal Cases of Environmental Pollution, the company illegally dismantled The behavior of the waste lead-acid battery is suspected of the crime of polluting the environment.

  On May 26, 2021, the Ankang City Ecological Environment Bureau transferred the case to the Ankang City Public Security Bureau.

On June 1, the Ankang Public Security Bureau opened a criminal case.

On August 26, the Ankang Public Security Bureau transferred the case to the Ankang Railway Transportation Procuratorate for review and prosecution.

At present, the Xi'an Railway Transportation Procuratorate has designated the case as a case under supervision.

  【Revelation meaning】

  According to the "National List of Hazardous Wastes (2021 Edition)", waste lead-acid batteries are classified as hazardous wastes.

Relevant units need to pay attention to the hazardous wastes that are difficult to collect, promote the pilot work of waste lead-acid batteries, strengthen the informatization supervision of the collection and transportation of waste lead-acid batteries, and regulate the collection, storage, transportation, utilization and disposal of waste lead-acid batteries.

9. The case of Li Moumou and others in Yinchuan City, Ningxia Hui Autonomous Region suspected of illegally dumping waste oil sludge to pollute the environment

  【Introduction to the case】

  At 23:00 on June 2, 2021, the Lingwu Branch of the Yinchuan City Ecological Environment Bureau of Ningxia Hui Autonomous Region (hereinafter referred to as the Lingwu Ecological Environment Branch) received a report from the public that a vehicle was illegally dumped on a deserted sandy land in Majiatan Town, Lingwu City. Waste oil sludge.

The Lingwu Ecology and Environment Branch immediately rushed to the scene with the law enforcement officers of the Majiatan Town Police Station in Lingwu City to inspect the site. At about 3:00 a.m. on June 3, they found a waste oil and sludge dumping point with a pungent odor.

  On the morning of June 3, in order to further find out the situation of the dumping site, the law enforcement officers of Lingwu Ecological Environment Branch and the staff of Majiatan Town and Lingwu City Public Security Bureau rushed to the scene again to investigate and found that the dumped object was more than 90 tons of black viscous liquid , covers an area of ​​about 100 square meters.

Lingwu Ecological Environment Branch immediately reported the case to the Yinchuan Municipal Public Security Bureau, and reported the situation to the Lingwu Municipal Government and the Yinchuan Municipal Ecological Environment Bureau.

  After investigation, the dumping material came from waste sludge produced by Ningxia Huaping Kerui Energy Chemical Co., Ltd.

On May 30, 2021, Li Moumou, the company's deputy general manager, signed an agreement with Zhang Moujia on behalf of the company, stipulating that Zhang Moujia leased the company's oil tank and cleaned the deposits in the tank.

From June 1 to 2, 2021, under the leadership of Zhang Moujia and Zhang Mouyi, Guo Moumou and other 4 people drove a vehicle to dump a total of 98 tons of sludge in Majiatan Town, Lingwu City.

The dumped sludge was identified as hazardous waste.

  In order to avoid the further spread of pollution, Lingwu Municipal Government, Lingwu Ecological Environment Bureau and Lingwu City Public Security Bureau immediately carried out emergency transfer and disposal work, and a total of more than 150 tons of waste sludge and contaminated soil were removed and disposed of on site.

After the incident, Ningxia Huaping Kerui Energy Chemical Co., Ltd. and Li Moumou respectively assumed the cost of emergency disposal of hazardous waste of 200,000 yuan and 120,000 yuan.

  【Investigate and deal with the situation】

  1. Punishment

  In accordance with 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 Law in Handling Environmental Pollution Criminal Cases, the Lingwu Ecological Environment Sub-bureau Transfer the clues of the case to the Yinchuan Public Security Bureau.

On February 18, 2022, the Yinchuan Railway Transportation Court publicly announced that the defendant unit, Ningxia Huaping Kerui Energy and Chemical Co., Ltd., was sentenced to a fine of 120,000 yuan, and the principal offenders Li Moumou and Zhang Moujia were sentenced to 2 years and 1 year in prison respectively. 10 months, and a fine of 20,000 yuan; the remaining 6 accomplices were sentenced to fixed-term imprisonment ranging from 1 year, 6 months to 9 months, with suspended sentences and fines ranging from 20,000 to 5,000 yuan.

At the same time, the Yinchuan Railway Transportation Court issued "injunctions" to the six accomplices who were subject to probation, prohibiting them from engaging in business activities related to the disposal of hazardous wastes during the probation period of probation.

  2. Compensation for damage to the ecological environment

  During the trial of the case, the public interest litigation plaintiff, Yinchuan Railway Transportation Procuratorate, filed an incidental civil public interest lawsuit with the Yinchuan Railway Transportation Court. After mediation by the case handler, Ningxia Huaping Kerui Energy Chemical Co., Ltd., Zhang Moujia and others all voluntarily paid ecological fees. Repair costs, the purpose of the public interest litigation plaintiff was achieved, and the public interest litigation was withdrawn.

  【Revelation meaning】

  For cases of environmental pollution violations that are relatively remote, the source of clues and the smooth investigation and handling in the later stage cannot be separated from the nearby people.

For the reported clues that have been verified, local governments and other departments should timely connect with them, participate in on-site inspections, cooperate closely and protect and fix evidence.

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