A few days ago, the Nanlang Street Comprehensive Administrative Law Enforcement Bureau (Ecological and Environmental Protection Bureau) filed a case to investigate and deal with a case of secretly discharging air pollutants, and a company was fined 100,000 yuan for discharging air pollutants by evading supervision.
01 Details of the case
On September 27, 2023, the Nanlang Street Comprehensive Administrative Law Enforcement Bureau (Ecological and Environmental Protection Bureau) carried out a special atmospheric inspection operation to conduct an on-site inspection of a craft products factory in Nanlang Second Industrial Zone. The company is engaged in the spraying processing of lampshades, the main pollutants are spray paint exhaust gas and hazardous waste, and it has waste gas treatment facilities and hazardous waste storage rooms.
▲At the time of inspection, the painting workshop was in production; The party confirmed that the water spray exhaust gas treatment facility had been damaged and was not operating normally.
During the inspection, the law enforcement officers found that the painting operation was being carried out in the workshop, but the exhaust gas treatment facilities were not operating normally. Due to the lack of environmental awareness, the party continued to produce and operate even though the waste gas treatment facilities were known to be damaged and could not operate normally, resulting in the unorganized emission of waste gas generated by the process.
▲The water sprinkler tower of the exhaust gas treatment facility is damaged, and the water sprinkler system is not operating normally.
02 Processing results
After investigation and evidence collection, the above-mentioned behavior of the enterprise was suspected of discharging air pollutants by evading supervision, which violated the provisions of Article 20, Paragraph 2 of the Air Pollution Prevention and Control Law of the People's Republic of China.
In accordance with the provisions of Article 99 (3) of the Law of the People's Republic of China on the Prevention and Control of Air Pollution, the Nanlang Street Comprehensive Administrative Law Enforcement Bureau imposed an administrative penalty of a fine of RMB 100,000 on the enterprise in accordance with the law. In accordance with Article 63 (3) of the Environmental Protection Law of the People's Republic of China and the relevant provisions of the Interim Measures for the Transfer of Environmental Violations by Administrative Departments to Administrative Detention, the case was transferred to the public security organs for administrative detention and punishment of the relevant responsible persons.
03 Legal Links
Law of the People's Republic of China on the Prevention and Control of Air Pollution
Article 20
Where enterprises, public institutions, and other producers and operators discharge pollutants into the atmosphere, they shall set up air pollutant discharge outlets in accordance with laws and regulations and the provisions of the competent department of ecology and environment under the State Council.
It is forbidden to evade supervision by evading supervision by secretly discharging, tampering with or falsifying monitoring data, temporarily suspending production for the purpose of evading on-site inspections, opening emergency discharge channels in non-emergency situations, and not operating air pollution prevention and control facilities normally.
Law of the People's Republic of China on the Prevention and Control of Air Pollution
Article 99
Anyone who violates the provisions of this Law by committing any of the following acts shall be ordered to make corrections or restrict production, suspend production for rectification, and impose a fine of not less than 100,000 yuan but not more than 1,000,000 yuan;
(1) Discharging air pollutants without obtaining a pollutant discharge permit in accordance with law;
(2) Exceeding air pollutant emission standards or exceeding the total amount of key air pollutant emission control targets;
(3) Emission of air pollutants by evading supervision.
Environmental Protection Law of the People's Republic of China
Article 63
Where enterprises, public institutions, and other producers and operators commit any of the following conduct, which does not constitute a crime, in addition to being punished in accordance with the provisions of relevant laws and regulations, the competent department for environmental protection or other relevant departments of the people's government at the county level or above is to transfer the case to the public security organs, and the directly responsible managers and other directly responsible personnel are to be detained for between 10 and 15 days, and where the circumstances are more minor, they are to be detained for between 5 and 10 days:
(1) The construction project fails to conduct an environmental impact assessment in accordance with the law, and is ordered to stop construction and refuses to carry out it;
(2) Violating the provisions of law by discharging pollutants without obtaining a pollutant discharge permit, being ordered to stop pollutant discharge, and refusing to enforce it;
(3) Illegally discharging pollutants through concealed pipes, seepage wells, seepage pits, perfusion, or tampering with or falsifying monitoring data, or by not operating pollution prevention and control facilities normally, or by evading supervision;
(4) Producing or using pesticides that are prohibited by the state, and being ordered to make corrections and refusing to make corrections.