The Ministry of Ecology and Environment announced the progress in handling typical cases of cracking down on environmental crimes of hazardous wastes.
In order to effectively deter the illegal transfer, dumping and disposal of hazardous wastes across administrative regions and guide the grass-roots units to standardize the handling of cases, the Ministry of Ecology and Environment organized and sorted out the fourth batch of eight typical cases involving cross-provincial administrative divisions to crack down on environmental crimes of hazardous wastes. In these cases, some illegally dumped, buried and disposed of hazardous wastes across provinces, some simply disposed hazardous wastes and sold them as inferior products or mixed with products, and some involved criminal gangs who had been engaged in illegal disposal of hazardous wastes for a long time to pollute the black industrial chain of the environment. The local ecological and environmental departments cooperated closely, unblocked the joint law enforcement mechanism of inter-provincial illegal and criminal cases, and cooperated with the public security and procuratorial organs to form a joint force of law enforcement. According to the clues of the masses and grassroots grid workers, inter-provincial investigations were conducted, tracing back to the source, which effectively deterred illegal and criminal acts involving hazardous waste.
The Ministry of Ecology and Environment praised the outstanding performance of Xing Wu Branch of Huzhou Ecological Environment Bureau of Zhejiang Province, Zhangpu Ecological Environment Bureau of Zhangzhou City of Fujian Province, Dongxiang Ecological Environment Bureau of Fuzhou City of Jiangxi Province, Zoucheng Branch of Jining Ecological Environment Bureau of Shandong Province, Linyi Branch of Dezhou Ecological Environment Bureau of Shandong Province, Loudi Ecological Environment Bureau of Hunan Province, Beiliu Ecological Environment Bureau of Yulin City of Guangxi Zhuang Autonomous Region and Pucheng Branch of Weinan Ecological Environment Bureau of Shaanxi Province, and praised Anhui, Jiangsu, Guangdong, Zhejiang and Shanghai. All local ecological and environmental departments are requested to learn from relevant experiences and practices, further optimize law enforcement methods, and improve the efficiency and quality of handling cross-provincial (autonomous regions and municipalities directly under the Central Government) cases of environmental crimes involving hazardous wastes.
The fourth batch of eight typical cases involving cross-provincial administrative divisions are as follows:
1. Zhou Moumou and others in Huzhou City, Zhejiang Province were suspected of illegally disposing of waste methyl ester oil to pollute the environment.
[Typical practice]
1. Start with small clues and cut off the chain of illegal disposal of hazardous waste across many provinces.
2. Continue to focus on cracking down on "scattered pollution" illegal workshops.
[Brief introduction of the case]
On April 29th, 2020, Xing Wu Branch of Huzhou Ecological Environment Bureau (hereinafter referred to as Xing Wu Branch) of Zhejiang Province received a report from the masses that an illegal small workshop in Zhili Town, Huzhou City often had a pungent smell floating out. Law enforcement officers immediately rushed to the scene to carry out inspections, and found that unknown chemicals were stored on the scene, and some raw materials overflowed on the site, accompanied by a strong pungent smell. After identification, the unknown chemical substance on site is the distillation residue (hereinafter referred to as waste methyl ester oil) produced by plexiglass manufacturing, which belongs to hazardous waste with toxic and dangerous characteristics, and the quantity is about 300 tons. Xing Wu Branch entrusts judicial authentication institutions to carry out ecological environment damage assessment.
After investigation, the criminal suspects Zhou Moumou (the actual operator of the illegal small workshop reported by the masses in this case) and Zheng Moumou (the operator of another collection point) bought the waste methyl ester oil from the illegal plexiglass processing workshops in Chuzhou, Xuancheng and Yancheng, Anhui at a price of 400-500 yuan/ton, and after simple disposal, they resold it to the downstream Anhui fuel oil purchaser at a price increase of one ton in 200 yuan. The purchaser sold the waste methyl ester oil to asphalt mixing stations in Anhui at a price of 2,700-3,000 yuan/ton in the name of "heavy oil", and it was finally used as "fuel oil", which caused pollution to the atmospheric environment during the incineration process.
【 Investigation 】
On July 3, 2020, Xing Wu Branch of Huzhou Ecological Environment Bureau transferred the clue to Xing Wu Branch of Huzhou Public Security Bureau. On July 8th, Xing Wu Branch of Huzhou Public Security Bureau officially put on record for investigation. Since then, the ecological and environmental departments have cooperated with the public security organs to rush to Jiangsu, Anhui and other places for investigation and evidence collection of 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), and the People’s Procuratorate of Wuxing District of Huzhou City has arrested 11 people, 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 with no qualification for hazardous waste disposal illegally collect hazardous wastes generated in the illegal production process of upstream small workshops for simple processing and disposal, and then sell them in the name of "products", which is confusing and hidden. It is necessary to strengthen the source control of hazardous wastes, especially the whole process supervision of hazardous waste recycling industry. At the same time, the production technology and equipment of small workshops are simple, which is easy to revive, and the location is remote and hidden, which makes daily supervision difficult. It is necessary to constantly innovate the mechanism for discovering environmental violations and increase the crackdown on illegal workshops that are scattered and polluted.
2. Fujian and Guangdong jointly cracked down on the case of Sun Mou and others suspected of illegally dumping aluminum ash across provinces to pollute the environment.
[Typical practice]
1. Fujian and Guangdong have held many cases to judge and analyze and jointly enforce the law.
2. Quickly judge the case and report it, and the ministries and agencies will send staff to support it.
3. Grid supervision timely discovers environmental violations.
[Brief introduction of the case]
On June 22 and 24, 2021, Zhangpu Ecological Environment Bureau of Zhangzhou City, Fujian Province (hereinafter referred to as Zhangpu Ecological Environment Bureau) received reports from environmental protection grid members of two towns in Zhangpu County that vehicles were suspected of illegally transporting and dumping solid waste. Law enforcement officers of Zhangpu Ecological Environment Bureau immediately rushed to the scene, and initially judged that they were suspected of illegally dumping hazardous wastes to pollute the environment. In order to prevent evidence from being lost and suspects from absconding, law enforcement officers contacted local public security organs to conduct on-site investigation, inquiry and investigation, control illegal suspects on the spot, and seize transfer trucks. According to the field investigation and inquiry, it is preliminarily determined that the solid waste transferred and dumped is aluminum ash (hazardous waste category is 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, Zhangpu Ecological Environment Bureau launched the investigation mechanism of major environmental violations, set up a task force and entrusted sampling, invited the public security and procuratorial organs to intervene in advance, and requested support from the superior ecological environment department. The Fujian Provincial Department of Ecology and Environment sent law enforcement backbones to the scene to guide the investigation of the case at the first time, and simultaneously informed Guangdong Province of the case and the demand for investigation. Fujian and Guangdong provinces immediately launched the cooperation mechanism of joint prevention and control of solid waste pollution prevention and control, and jointly deployed the cooperation of mopping and law enforcement.
At the same time, various departments in Zhangpu County closely communicate and cooperate 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 people involved to prevent the loss of evidence and the escape of personnel; Zhangpu County People’s Procuratorate guides the investigation direction and puts forward opinions on investigation and evidence collection; The township government where the case occurred is responsible for the on-site closure and care.
From July 26 to 28, with the strong support and cooperation of the Guangdong Provincial Department of Ecology and Environment and the ecological and environmental departments of Foshan and Zhaoqing, Zhangpu Ecological and Environmental Bureau sent a working group to carry out the traceability of hazardous wastes. The ecological and environmental departments of Fujian and Guangdong provinces have held four judgment and analysis meetings successively to jointly study the information on the approval and acceptance of the environmental impact assessment of the enterprises involved, discuss the case and the direction of investigation and handling, clarify the details such as the work route, on-site control and fixed evidence collection, and exchange views on the relevant regulations on the standardized disposal and utilization of hazardous wastes, especially aluminum ash, and the experience in handling similar cases. According to the analysis, law enforcement officers from two provinces and three places carried out on-site joint law enforcement, conducted on-site verification on the enterprises, loading points and transportation routes confessed by the people involved, and carried out evidence collection according to 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 10th, Zhangpu County Public Security Bureau officially put on record for investigation. The case is currently under further investigation.
[Case Enlightenment]
1. Inter-provincial coordination "integration" to form an organic complementary connection of environmental law enforcement forces.
In handling cases of illegal transfer, dumping and disposal of hazardous wastes across provincial administrative regions, the provinces (autonomous regions and municipalities directly under the Central Government) involved in the case trust each other, exchange information, actively communicate and cooperate efficiently, the dumped place informs the source of hazardous wastes at the first time, and the ecological and environmental departments of the source place make arrangements at the first time, and the two places hold case analysis meetings and jointly enforce the law, forming a joint force of environmental law enforcement to jointly crack down on illegal transfer and dumping of hazardous wastes across provinces.
2. Eco-environmental grid to open up the regulatory "nerve endings"
Grid patrol is the frontier sentry to discover ecological and environmental problems. It finds and reports suspected clues, effectively extending the regulatory tentacles. All localities can immediately organize and control the site through eco-environmental grid and information platform construction, deal with environmental pollution and ecological damage, and realize accurate and efficient law enforcement.
Three, Fuzhou City, Jiangxi Province, Zhao and others illegally transferred and buried hazardous waste to pollute the environment.
[Typical practice]
Initiate incidental civil public interest litigation.
[Brief introduction of the case]
On June 7, 2018, the government of Wangqiao Town, Dongxiang District, Fuzhou City, Jiangxi Province reported that there was a suspected illegal landfill of hazardous waste on a mountain in the jurisdiction, and the Dongxiang Ecological Environment Bureau of Fuzhou City(hereinafter referred to as Dongxiang Ecological Environment Bureau)In conjunction with the Dongxiang District Public Security Bureau of Fuzhou City, an investigation was immediately carried out.
After investigation, from January to May, 2018, Li, a Zhejiang citizen, together with Zhao and Guan, a Jiangxi citizen, illegally transported the distillation residue produced by a pharmaceutical raw material company in Hubei (pharmaceutical manufacturing, under the name of Shen) and the hazardous waste produced by another pharmaceutical company in Hubei to the scene of this case in Jiangxi Province for storage several times.(hereinafter referred to as Zone II and Zone III). Subsequently, Zhao and Guan were worried about being discovered, and the hazardous wastes stored in Area II and Area III were dug and buried on the spot. After testing and analysis, the landfill belongs to 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 of surface water exceeds the V limit of surface water by more than 300 times.
At present, the hazardous waste illegally landfilled at the crime site has been dug up and weighed by the local town government (more than 500 tons in total), and all of them have been properly disposed of. The ecological restoration of polluted land is planned to be completed in 2022.
【 Investigation 】
On December 28th, 2020, the Dongxiang District People’s Court of Fuzhou made the following judgment:
(1) Defendants Zhao, Guan and Li were convicted of environmental pollution, sentenced to fixed-term imprisonment ranging from three years and four months to two years, and fined; At the same time, the illegal income of the defendants Zhao, Guan and Li was recovered.
(2) The defendant Shen was convicted of environmental pollution and sentenced to three years’ imprisonment, suspended for five years and fined.
The People’s Procuratorate of Dongxiang District of Fuzhou filed an incidental civil public interest lawsuit with the People’s Court of Dongxiang District of Fuzhou, and the judgment of the People’s Court of Dongxiang District of Fuzhou in combination with the Assessment Report on Ecological Environmental Damage issued by a third-party assessment agency is as follows:
Zhao Mou, Guan Mou, Li Mou and Shen Mou jointly bear the expenses of excavation, transfer and disposal, environmental damage appraisal and assessment, environmental emergency monitoring and other expenses of RMB 1,619,778, and Zhao Mou, Guan Mou, Li Mou and Shen Mou jointly bear the expenses of ecological environment damage restoration of Area III of RMB 754,080.
Zhao, Guan and Li jointly bear the expenses incurred by the excavation of Area II, transfer and disposal fees, environmental damage appraisal and assessment fees, environmental emergency monitoring fees and other expenses totaling RMB 298,098; Zhao Mou, Guan Mou and Li Mou jointly bear the cost of restoring the ecological environment damage in Area II, amounting to RMB 3,242,992.
[Case Enlightenment]
The convergence of the two laws was timely, and civil public interest litigation was initiated.
In the process of handling environmental pollution cases, all localities should start the mechanism of linking the two laws in time. Public security organs can quickly fix key evidence by intervening in case investigation as soon as possible, and procuratorial organs can file incidental civil public interest litigation to practice the spirit of ecological value and compensation for damage.
4. Li Mouyi and others in Jining City, Shandong Province are suspected of discharging toxic substances to pollute the environment by escaping supervision through seepage pits.
[Typical practice]
Implement the joint logistics linkage mechanism to quickly crack down on environmental crimes.
[Brief introduction of the case]
On April 2, 2021, Zoucheng Branch of Jining Ecological Environment Bureau of Shandong Province (hereinafter referred to as Zoucheng Branch) received a report from the town government that unknown solid waste was dumped in a courtyard of the town. Law enforcement officers immediately launched the joint logistics linkage mechanism and went to the scene to investigate with the Zoucheng Public Security Bureau.
After investigation, from November 2019 to September 2020, the criminal suspect Li Moujia and Cui contacted Zhang, a Jiangsu citizen, to illegally transfer solid wastes (some of which were hazardous wastes) from Zhejiang and Shanghai to Shandong Province for transit and then dump them. In September 2020, Li Moujia sent someone to dump one car of hazardous waste in Pingyi County, Linyi City, and stored the other three cars of hazardous waste in Li Mouyi’s old factory building. It was discovered by the ecological and environmental department of Pingyi County, and Li Moujia was criminally dealt with (still in custody). The dumped hazardous waste has been properly disposed of by the ecological and environmental department of Pingyi County. In March 2021, Li Mouyi and Kong Mou and others dumped three cars of hazardous waste in Jining City.
After testing, the pH value of the waste liquid left at the dumping site is less than 2, which belongs to hazardous waste with corrosive hazard characteristics. The contents of 1,2- dichloropropane and 1,2- dichloroethane in the surrounding soil exceed the control value of the second type of construction land. In order to eliminate the pollution sources as soon as possible and prevent the pollution from expanding further, Zoucheng Municipal Government has launched 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, Zoucheng Branch of Jining Ecological Environment Bureau transferred the case to Zoucheng Public Security Bureau after clarifying the attributes of the dumped waste liquid. Zoucheng Public Security Bureau filed a case and set up a task force on the same day. The task force, based on the previous results, went to many places in Shandong Province for 2 days to find out the "industrial chain" of illegal collection, transshipment and dumping of hazardous wastes headed by Li. In April 2021, seven people involved in the case were criminally detained by Zoucheng Public Security Bureau on suspicion of environmental pollution. On July 20, 2021, Zoucheng People’s Procuratorate prosecuted seven people involved.
[Case Enlightenment]
Give full play to the joint logistics linkage mechanism and quickly detect such cases.
The eco-environmental department started the joint logistics linkage mechanism as soon as it got the clue, and got in touch with the police of the Public Security Bureau to go to the scene for an inquest. Through rapid intervention, the efficiency of case handling was improved and the clue was avoided.
Five, Dezhou City, Shandong Province, Wang and others suspected of illegal landfill of hazardous waste pollution case.
[Typical practice]
1. Smooth the reporting channels for clues about environmental crimes.
2. Cross-provincial cooperation in handling cases and arresting suspects involved in the whole chain from generation to dumping of hazardous wastes.
[Brief introduction of the case]
In January 2021, a suspect in another case reported to the public security organ that "Wang in Linyi County, Dezhou City buried unknown waste in his aquaculture yard". According to the clues, Linyi County Public Security Bureau of Dezhou City, Shandong Province, Linyi Branch of Dezhou Ecological Environment Bureau and the street office involved in the case immediately investigated and contacted the hazardous waste transfer places (Jiangsu, Gansu) at the first time. The three departments cooperated with each other to handle the case, successfully found out the entire illegal interest chain, and arrested the waste production unit and the criminal suspect who illegally dumped hazardous waste in one fell swoop.
After investigation, the suspect Wang was engaged in aquaculture in Linyi County and leased the courtyard to Shan to store goods. In May, 2020, Shan piled about 30 tons of black activated carbon and 10 tons of white powder in the hospital. In July, 2020, Wang buried the black activated carbon and white powder in the hospital. Tracing back to the source, the waste activated carbon buried in Wang’s farm came from a chemical enterprise in Jiangsu, and the white powder was waste benzoic acid, which came from a biotechnology enterprise in Gansu.
After testing, the toluene leaching concentration of black and white solid waste buried in Wang’s farm in Linyi County exceeded the specified limit, all of which were hazardous wastes with leaching toxicity, totaling about 40 tons.
Combined with the hazardous characteristics of landfill, in order to avoid the further spread of pollution, the ecological and environmental departments, public security and procuratorial organs jointly studied and decided to transport the landfill hazardous waste to hazardous waste disposal units for proper storage before the rainy season. More than 200 tons of hazardous waste and contaminated soil were transported on site.
【 Investigation 】
On April 17, 2021, Linyi County Public Security Bureau of Dezhou City filed a case for investigation. At present, nine suspects have been criminally detained. The case is under further investigation.
[Case Enlightenment]
1 actively explore the inter-provincial linkage law enforcement cooperation mode in law enforcement practice, and form a long-term linkage mechanism.
Establishing or signing a law enforcement linkage mechanism or agreement on cases of illegal transfer and disposal of hazardous wastes across provincial administrative regions can institutionalize and standardize the cooperation of local environmental law enforcement forces in the process of handling cases, enhance the cooperation of provincial ecological and environmental departments, strengthen cooperation, share experiences and practices, and understand the key points and difficulties of other provinces (autonomous regions and municipalities directly under the Central Government) in handling environmental cases of hazardous wastes, and learn from each other’s needs and learn from each other’s strengths.
2. Broaden reporting channels, attach importance to reporting clues, and improve the reward mechanism.
Illegal trans-provincial transfer, dumping and disposal of hazardous wastes are often hidden, so it is necessary to strengthen grassroots environmental protection propaganda, expand the channels for finding environmental violations, and mobilize insiders to actively report cases.
Six, Loudi City, Hunan Province, Dai Moumou and others illegally disposed of hazardous waste to pollute the environment.
[Typical practice]
1. Establish a long-term inter-departmental linkage mechanism among ecological and environmental departments, public security organs and procuratorial organs to realize the convergence of the two methods.
2. Use drone aerial photography to detect cases, combined with big data analysis.
[Brief introduction of the case]
On December 25, 2018, the Ecological Environment Bureau of Loudi City, Hunan Province received a report from the masses that an abandoned brick factory in Louxing District emitted pungent odor. Law enforcement officers quickly went to the scene to investigate and transferred excavators to dig out dozens of tin buckets, and the objects in the buckets were suspected to be hazardous wastes such as industrial waste activated carbon. According to the experience of handling cases, the organizer judged that the report may be a major case involving illegal dumping and landfill of a large number of suspected hazardous wastes, so it was reported immediately and the case was notified to Louxing Public Security Bureau of Loudi Public Security Bureau.(hereinafter referred to as Louxing Public Security Bureau). On the same day, Loudi Ecological Environment Bureau and Louxing Public Security Bureau went to the site to carry out exploration, and contacted professionals to conduct sampling 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 set up a joint investigation team for the "12.25" illegal dumping and landfill of hazardous wastes, which was composed of Louxing Public Security Bureau and Louxing Branch of Loudi Ecological Environment Bureau, and entrusted a third-party organization to carry out emergency cleaning and properly dispose of hazardous wastes illegally dumped and landfilled on site.
After the incident, the law enforcement officers of the ecological and environmental departments sorted out the difficulties in handling cases, actively docked with the public security and procuratorial organs, repeatedly promoted the joint meeting of the "12.25" case, and went to Sichuan, Guizhou, Chongqing, Hubei and other provinces for investigation and evidence collection in four days, forming more than 20 volumes of files. When encountering the bottleneck of the case, the law enforcement officers of the eco-environment department inspected more than 400,000 video tapes along the bayonet, traced more than 500 suspicious transport vehicles, and surveyed more than 20 suspicious areas by aerial photography of drones. The public security organs tracked down the suspected perpetrators through big data analysis, and finally arrested the main suspects.
After investigation, since 2017, defendants Dai and Li have contacted enterprises in Huaihua, Changsha and other places in Hunan Province to illegally collect more than 300 tons of hazardous waste at a price far below the market. Defendants Dai and Li handed over more than 100 tons of hazardous waste to defendant Yang, who had no hazardous waste business license, for treatment, and Yang handed over some hazardous waste to defendants Lu and Liao, who also had no hazardous waste treatment qualification. On December 24, 2018, Lu and Liao contacted excavators and trucks to directly dump and bury 245 barrels of more than 50 tons of hazardous waste in this case. The landfill involved is hazardous waste such as distillation still residue and waste activated carbon produced by a company in Hunan, which causes pollution to the surrounding atmosphere and soil.
The "12.25" environmental pollution case has the characteristics of many kinds, large quantity, mixed components, many people involved, wide area and long time. This case involves several prefectures and cities in Hunan Province and some cities in Sichuan, Guizhou, Chongqing, Henan, Hubei, Guangdong and other provinces. There are 11 people involved, who are criminal gangs specializing in the illegal disposal of hazardous wastes polluting the black industrial chain. They have a strong anti-reconnaissance awareness and have caused many obstacles to detection.
【 Investigation 】
1. Punishment
The procuratorate prosecuted eight responsible persons, including Dai Moumou, according to law, and two people were released on bail, and one person was handled in another case. In August 2020, the Louxing District People’s Court made a criminal judgment of first instance as follows:
(1) Dai Moumou, Li Moumou, Guo Mou, Lu Moumou, Huang Moumou, Yang Moumou and He Mou were convicted of environmental pollution, sentenced to fixed-term imprisonment ranging from three years and seven months to one year and nine months, and fined;
(2) Yang was convicted of environmental pollution, sentenced to two years and seven months in prison and fined RMB 20,000; He was convicted of illegal business operations, sentenced to one year in prison and fined RMB 100,000; Combined punishment for several crimes, combined execution of fixed-term imprisonment of two years and two months, and a fine of RMB 120,000.
2. Compensation for ecological environment damage
At present, Loudi Eco-environment Bureau has initiated eco-environment damage compensation consultation according to the Opinions on Promoting the Reform of Eco-environment Damage Compensation System and the Implementation Plan for the Reform of Hunan Eco-environment Damage Compensation System issued by 11 ministries and commissions including the Ministry of Eco-environment, and compensated 6,123 680 yuan for the eco-environment damage, and the site has been repaired.
[Case Enlightenment]
Actively integrate the advantages of various departments, establish a linkage mechanism, and achieve a breakthrough in case handling.
The linkage mechanism of "ecological environment+public security+procuratorial work" can be established to discuss the problems at any time during the handling of the case. By sorting out the difficulties of the case, clarifying the thinking of handling the case, and rigorously promoting the investigation and evidence collection, we can ensure the standardization and legality of the case transfer procedure, the legality and compliance of the investigation and evidence collection, and the high quality of the case file transfer and prosecution. In the investigation process of the ecological environment department in the early stage of handling a case, the public security and procuratorial organs intervened in advance to guide and track the whole process of on-site sampling, personnel interview and investigation record making in order to prevent procedural violations and ensure the smooth completion of the case. In the process of handling cases, give full play to the respective advantages of each department, use advanced science and technology and means, and realize the rapid fixation of evidence and improve the efficiency of handling cases with seamless integration of "investigation, beating and litigation" through big data analysis.
Seven, Yulin City, Guangxi Zhuang Autonomous Region, "April 30" Liang and others were suspected of illegally transferring and dumping aluminum ash across provinces to pollute the environment.
[Typical practice]
According to the National Hazardous Waste List (2021 edition), the dangerous characteristics of aluminum ash (slag) can be quickly identified and the case can be handled quickly.
[Brief introduction of the case]
On April 30, 2021, Beiliu Ecological Environment Bureau of Yulin City, Guangxi Zhuang Autonomous Region (hereinafter referred to as Beiliu Ecological Environment Bureau) received a report from the masses that a warehouse in a town in Beiliu City was suspected of illegally storing aluminum ash. Beiliu Ecological Environment Bureau attached great importance to it and immediately went to the warehouse for investigation. After investigation, about 400 tons of suspected aluminum ash (slag) solid packed in snakeskin bags were piled up in the warehouse, and about 200 tons of similar solid were loaded on eight large trucks parked in front of the warehouse, totaling about 600 tons.
After further investigation, Liang, the criminal suspect of the black solid system, was illegally transferred from Huang through the introduction of intermediary Su Moumou without going through legal procedures and hazardous waste business license, and charged a certain disposal fee to prepare for manufacturing cement bricks, and Huang Moumou was responsible for transportation and arranging drivers. Eight drivers, including Lu Moumou, still undertook the transportation business and collected the suspected aluminum ash (slag) from several cities in Guangdong Province to the warehouse in Beiliu City, knowing that the "goods" did not conform to the freight bill, the freight procedures were incomplete and the "goods" had an irritating smell and might be dangerous goods, with a total of 20 trips before and after transportation. According to the National Catalogue of Hazardous Wastes (2021 edition) and the traceability analysis, the black solid is identified as aluminum ash (slag), which is a hazardous waste with reactivity and toxicity, with a total amount of about 650 tons.
In addition, after thorough investigation by the ecological and environmental departments and public security organs, 12 other environmental crimes of illegal transfer, storage, disposal and dumping of hazardous wastes were successively found in Yuzhou District, Rongxian County, Luchuan County and Bobai County of Yulin City. Among them, a case of illegal dumping and landfill of about 120 tons of hazardous waste aluminum ash (slag) in Yuzhou District was committed by the criminal suspect in the "4 30" environmental pollution case in Beiliu City. At present, the illegal dumping and landfill of hazardous waste aluminum ash (slag) in Yuzhou District has been included in the "4 30" environmental pollution case in Beiliu City, and the rest cases are being investigated separately.
【 Investigation 】
At present, the Yulin Municipal Bureau of Ecology and Environment and the Yulin Municipal Public Security Bureau have deployed personnel at the city and county levels to form six special working groups involving solid waste environmental pollution cases, with a total of 53 people, and went to Guangdong and Guangxi to investigate and collect evidence and trace the source. As of August 6, 2021, Beiliu Public Security Bureau has arrested 21 suspects and seized 6 enterprises (dens) involved in solid waste. At present, the Beiliu City Procuratorate has approved the arrest of 11 suspects, including Liang, on suspicion of environmental pollution, and the case is under further investigation and trial.
[Case Enlightenment]
Improve the environmental control of aluminum ash (slag), and increase the support of aluminum ash (slag) supervision, law enforcement and disposal technology.
China is a big aluminum country, which produces a lot of aluminum ash (slag) every year. Aluminum ash (slag) will react when it meets water, releasing ammonia gas, and it will also spontaneously ignite when it is wet. Illegal dumping of aluminum ash (slag) will cause great health and environmental risks. According to the 2016 edition of the National Catalogue of Hazardous Wastes and the relevant national standards for hazardous waste identification, aluminum ash (slag) belongs to hazardous waste. The National Catalogue of Hazardous Wastes (2021 Edition) further clarified the hazardous waste attributes of aluminum ash (slag).
Enterprises that produce aluminum ash (slag) should earnestly do a good job in pollution prevention and control, strictly implement the requirements of relevant laws and regulations on hazardous waste, truthfully declare and register the aluminum ash (slag) produced, record the management plan, and implement the source classification, emergency plan and business training. The ecological and environmental departments should also strengthen the supervision of the environmental process of aluminum ash, strictly enforce the law according to law, strengthen the information sharing of environmental crimes, and severely crack down on illegal disposal of hazardous waste.
Eight, Weinan City, Shaanxi Province, Zhang and others used waste lead batteries to illegally smelt lead and pollute the environment.
[Typical practice]
1. Timely judicial connection and efficient linkage of departments.
2. Pay attention to people’s reports and expand the channels of case clues.
[Brief introduction of the case]
On June 11, 2019, Pucheng Branch of Weinan Ecological Environment Bureau(hereinafter referred to as Pucheng Branch)After receiving a report from the mass WeChat complaint platform that someone illegally disposed of waste lead batteries in a sulfuric acid plant in pucheng county, Weinan City, causing environmental pollution, law enforcement officers immediately rushed to the scene to investigate and found that an illegal lead smelting furnace was being produced in an abandoned factory in the northeast corner of the sulfuric acid plant involved, and all the relevant personnel had escaped.
Pucheng Branch immediately launched the linkage mechanism, and the public security and procuratorial organs intervened in the investigation on the same day to block the crime scene. At the same time, a joint meeting was held, with each department responsible for its own duties. The procuratorate was responsible for the evidence collection guidance of the case, the public security criminal police brigade conducted on-site investigation and evidence collection, the public security food and drug brigade was responsible for controlling the scene and locking the suspect by means of technical investigation, and Pucheng Branch was responsible for the production of on-site inspection records, data collection, monitoring, and seizure of hazardous wastes and related items at the crime scene.
According to the investigation, from the end of May to June 11th, 2019, Zhang and others went to Ningxia, Sichuan, Shandong and other places for eight times to buy 247.44 tons of waste lead-acid batteries (belonging to hazardous waste, HW49), and illegally smelted lead in the sulfuric acid plant involved without obtaining a hazardous waste business license and taking any pollution prevention measures, and discharged acid from the seepage pit. After testing, the pH value of acid soil in the seepage pit is 0.65, and the highest lead content is 40.6 mg/L, and the surrounding soil is also polluted.
【 Investigation 】
On October 21, 2020, the pucheng county People’s Court made the following judgment:
The defendants Zhang, Chen and Li were convicted of environmental pollution and sentenced to fixed-term imprisonment ranging from seven months to three years. Among them, Jin, Yang, Guo, Li and Ma were suspended for one year to one year and six months, and fined.
Defendants Zhang and Li Mojin refused to accept the judgment and appealed to Weinan Intermediate People’s Court. On December 18, 2020, Weinan Intermediate People’s Court upheld the original judgment.
[Case Enlightenment]
1. Timely judicial connection and efficient linkage of departments.
Judicial convergence is timely, all departments are linked efficiently, and high-tech means are used to lock suspects. When handling criminal cases of environmental pollution, the public security organs and procuratorial organs intervened in advance, gave guidance throughout the process, and pointed out the direction. The public security organs used technical investigation means to lock the suspects, went to the provinces involved to investigate and collect evidence, and caught all the people involved in the case, accumulating valuable experience for handling similar cases in the future.
2. Pay attention to people’s reports and expand the channels of case clues.
For cases with relatively remote illegal locations, the source of clues and the smooth investigation in the later period can not be separated from the full cooperation of the nearby people. Law enforcement officers went to the scene to investigate and protect and fix evidence at the first time, severely cracked down on environmental crimes and further enhanced people’s environmental happiness and satisfaction.
