The hottest one was fined 40000 if it was put into

2022-08-21
  • Detail

If the environmental protection equipment is not completed and put into operation, the company will be fined 40000

China cooking company will put into production without authorization when the supporting environmental protection facilities are not completed. The environmental protection department will file a case for review after finding it, and make a punishment decision of ordering production suspension and imposing a fine of 40000 yuan. Zhongchui company disagreed, believing that the relevant provisions on which the punishment decision was based had been revised, and the environmental protection department made the punishment decision according to the "old law" and applied the wrong law, and filed an administrative lawsuit accordingly

recently, the intermediate people's Court of Nantong City, Jiangsu Province made a final judgment to maintain the first instance of this environmental administrative punishment case. The punishment decision made by Rugao Environmental Protection Bureau has clear facts, sufficient evidence, legal procedures, correct application of the law, and appropriate punishment. It rejected the plaintiff's lawsuit request of zhongchui company

zhongchui company is an enterprise engaged in rice processing, pre packaged food wholesale and retail in Rugao City, Jiangsu Province. On April 22nd, 2016, Rugao administrative examination and approval Bureau replied to the environmental impact report form of the expansion grain drying project of zhongchui company, requiring the project to strictly implement the "three Simultaneities" system, implement various environmental protection measures in place, fill in the environmental protection report form of construction project pilot production ten working days before putting into trial production, and report it to Rugao administrative examination and approval Bureau and the Environmental Protection Bureau for filing. The acceptance and monitoring will be entrusted within three months of the trial production period, Complete the completion acceptance of environmental protection projects

on June 13, 2017, when the law enforcement officers of Rugao Environmental Protection Bureau went to zhongchui company for law enforcement inspection, they found that the company's expanded grain drying project had been put into operation in November 2016, but no supporting environmental protection facilities had been built

on July 16, 2017, Rugao Environmental Protection Bureau filed a case against the above-mentioned violations of the "three Simultaneities" of environmental protection by zhongchui company. On October 12 of the same year, Rugao Environmental Protection Bureau held a hearing based on the application of zhongchui company

on October 20, 2017, Rugao environmental protection bureau made a decision on administrative punishment (ghfz [2017] No. 159) (hereinafter referred to as the "punishment decision"), which determined that zhongchui company was put into production in November 2016 when the supporting environmental protection facilities for the grain drying project were not completed, in violation of Article 20 of the regulations on the administration of environmental protection of construction projects (hereinafter referred to as the 1998 regulations) Article 23 the waste plastic particles 1 are in short supply. According to the provisions of Article 28 of the regulations of 1998, zhongchui company was ordered to stop the production of grain drying projects, and an administrative penalty of 40000 yuan was imposed on zhongchui company

zhongchui company believes that the machine used in its grain drying project itself has dust removal function and has no dust impact on the surrounding environment. Rugao environmental protection bureau finds that its illegal facts are unclear and the evidence is insufficient. The 1998 regulation has been amended and came into force on October 1, 2017 (hereinafter referred to as the 2017 regulation). Rugao Environmental Protection Bureau punished it according to the 1998 regulation, and the applicable law was wrong. To this end, China cooking company filed an administrative lawsuit with the people's Court of Hai'an County, requesting the revocation of the punishment decision No. 159

after hearing, the Haian court held that the existing facilities of zhongchui company did not meet the standards and requirements specified in the reply of Rugao administrative examination and approval Bureau, and it failed to provide evidence to prove that these facilities had passed the acceptance, and the illegal facts of zhongchui company were clear. With regard to the application of law in this case, the State Council revised the regulations on the administration of environmental protection of construction projects after Rugao Environmental Protection Bureau filed a case against the behavior of zhongchui company and before making the No. 159 punishment decision. Rugao Environmental Protection Bureau, in accordance with the rules of "the old law applies to substantive issues", and according to the regulations before the amendment, it was not inappropriate to characterize and punish the illegal acts of zhongchui company, so it decided to reject the lawsuit request of zhongchui company

zhongchui company disagreed and appealed to the court of second instance. Nantong intermediate people's Court upheld the original judgment after trial

■ the judge said ■

in this case, the plaintiff, zhongchui company, put the main project into production when the supporting environmental protection facilities were not completed. Whether according to the regulations of 1998 or 2017, its behavior constituted an offence. For this illegal act, Article 28 of the 1998 regulations stipulates that in violation of the provisions of these regulations, the environmental protection facilities that need to be built for the after-sales security purpose of the construction project have not been completed, have not been accepted or have failed to pass the experience, and the main project has been officially put into production or use... The production or use shall be ordered to stop, and a fine of less than 100000 yuan may be imposed in 2016. The growth rate of real estate, automobile and other industries in Article 23 of the 2017 regulations has also gradually fallen. In violation of the provisions of this regulation, if the environmental protection facilities that need to be built have not been completed, have not been accepted or fail to pass the acceptance, the construction project will be put into production or use... It will be ordered to make corrections within a time limit and a fine of not less than 200000 yuan but not more than 1million yuan will be imposed; If it fails to make corrections within the time limit, it shall be fined not less than 1million yuan but not more than 2million yuan; The person in charge and other personnel directly responsible shall be fined not less than 50000 yuan but not more than 200000 yuan; If it causes major environmental pollution or ecological damage, it shall be ordered to stop production or use, or it shall be reported to the people's government with the power of approval for approval, and it shall be ordered to close down. Therefore, if the minimum circumstances stipulated in Article 23 of the 2017 regulations are ordered to make corrections within a time limit, and a fine of more than 200000 yuan but less than 1million yuan is imposed on the Chinese cooking company, the punishment result will inevitably be heavier than the punishment decision No. 159. Therefore, Rugao Environmental Protection Bureau applied the regulations of 1998 to punish zhongchui company, which did not increase the punishment range of zhongchui company, and embodied the principle of "from the old and from the light", in line with the rules of "the old law applies to substantive issues", and the amount of punishment is appropriate

Copyright © 2011 JIN SHI