In April, 2022, the Ministry of Ecology and Environment, the Supreme People’s Procuratorate and the Ministry of Public Security jointly issued a notice to continue the nationwide special campaign to crack down on environmental crimes of hazardous wastes and fraud of automatic monitoring data of key pollutant discharge units. Local ecological and environmental departments responded positively, combined with the crackdown priorities and regional situation characteristics specified in the notice, and severely cracked down on environmental crimes such as illegal collection, utilization and disposal of hazardous wastes without a hazardous waste business license or under the cover of legal qualifications.
On November 18, 2022, the Ministry of Ecology and Environment announced seven typical cases in the field of cracking down on environmental crimes of hazardous wastes, and commended the outstanding performance of Tengzhou Branch of Zaozhuang Ecological Environment Bureau of Shandong Province, Jiulongpo Ecological Environment Bureau of Chongqing City, Suzhou Ecological Environment Bureau of Jiangsu Province, Luohe Ecological Environment Comprehensive Administrative Law Enforcement Detachment of Henan Province, Sichuan Ecological Environment Comprehensive Administrative Law Enforcement Corps, Yongkang Branch of Jinhua Ecological Environment Bureau of Zhejiang Province and Chenzhou Ecological Environment Comprehensive Administrative Law Enforcement Detachment of Hunan Province in handling the cases. Typical cases announced this time include:
1. The case of Hu Moumou and others in Tengzhou City, Zaozhuang City, Shandong Province suspected of illegally disposing of hazardous waste.
【Brief introduction of the case】
On May 4th, 2021, Tengzhou Branch of Zaozhuang Ecological Environment Bureau (hereinafter referred to as Tengzhou Branch) received a complaint from the masses, which reflected that there was dumped dark coffee-colored liquid in the river on both sides of the stone bridge about 300 meters west of Houmushi Village Committee, Mushi Town, Tengzhou City, and the smell was pungent and unpleasant, causing environmental pollution. Tengzhou Branch immediately went to the scene to investigate, organized personnel to carry out emergency treatment, intercepted the upstream river, and extracted the waste liquid dumped in the river to prevent pollution to the downstream river. After identification, the waste liquid dumped in the river is hazardous waste. According to the working mechanism of "joint logistics linkage", Tengzhou Branch immediately docked with Tengzhou Public Security Bureau, dispatched business backbones to set up a task force to conduct investigations and handle cases centrally.
The case-handling personnel combed relevant clues around the dumping point of waste liquid, made full use of Zhenjie Xueliang Project and Skynet information platform, and visited Mopai in time. It was found that a suspected van made several trips in the crime area before and after the incident, and its appearance was suspicious. After further research on the vehicle’s driving trajectory, the criminal suspect Feng Moumou was successfully arrested. Through the analysis and judgment of Feng Moumou’s investigation, bank and WeChat transaction records, vehicle tracks and other comprehensive information, the criminal fact that he received illegal disposal of waste liquid from Hu Moumou was clarified, and two illegal storage points, two dumping points and one burial point were determined. After Hu Moumou arrived at the case, the task force continued to expand the line for investigation, further analyzed and judged the information resources, and defined an interest chain for illegal collection and disposal of hazardous waste.

In order to dig deep into the criminal network and realize the whole chain attack, the task force made full use of all kinds of information to deepen the research and judgment, and went to all the regions involved to actively consult the local ecological and environmental departments and public security organs for assistance, and finally locked in the middleman involved in the illegal disposal of hazardous waste and the employees of hazardous waste generating enterprises, and then identified eight upstream enterprises involved. They are Ningxia Tianhe Fine Chemical Co., Ltd., Ningxia Shengjia Chemical Co., Ltd., Shizuishan United Lifeng Biotechnology Co., Ltd., Jiangsu Begley New Material Technology Co., Ltd., Xuzhou Jianghaiyuan Fine Chemical Co., Ltd., Yixing Jiexian Chemical Industry Co., Ltd., Yixing Hengli Chemical Plant and Weizhi Pharmaceutical Co., Ltd.. In this case, 53 criminal suspects were arrested, 11 storage dens were destroyed, 8 enterprises were investigated, and more than 8,000 tons of hazardous waste were seized. The criminal network was destroyed in all aspects, all factors and all chains, and various economic losses caused by environmental pollution restoration were recovered, which effectively dealt a blow to the arrogance of criminals.
【Investigate the situation】
According to Article 338 of the Criminal Law of People’s Republic of China (PRC) and Article 1 (2) of the Interpretation of the Supreme People’s Court and the Supreme People’s Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Environmental Pollution, Hu Moumou and others’ illegal disposal of hazardous waste is suspected of environmental pollution.
On May 7, 2021, Tengzhou Branch transferred the case to Tengzhou Public Security Bureau, which filed a case for investigation on the same day. On October 9, 2021, Tengzhou People’s Procuratorate filed a public prosecution against the criminal suspect, and on January 7, 2022, Tengzhou People’s Procuratorate filed a criminal incidental civil public interest lawsuit. At present, the trial of the case is in progress.
【Enlightenment significance】
1. This kind of environmental pollution violations are generally hidden. By increasing the publicity of reporting ecological environmental violations, we can guide the public to actively discover and report environmental violations, and form a good atmosphere for the whole society to participate in cracking down on environmental violations, which provides a strong guarantee for severely cracking down on environmental violations and effectively improving the quality of the ecological environment.
2. In the process of handling this case, the ecological environment department, public security organs and procuratorial organs gave full play to the role of the working mechanism of linking administrative law enforcement and criminal justice in ecological environmental protection, and held joint meetings for many times to discuss and study together and carry out joint investigations. The successful cracking of this case provides valuable experience for establishing cross-provincial administrative regional ecological environment law enforcement linkage, forming a joint force to combat and ensuring the smooth investigation of cross-regional cases.
2. The case of Chen Mou Jiang and others illegally transporting and disposing of hazardous wastes to pollute the Yangtze River in Chongqing.
【Brief introduction of the case】
At 8 o’clock on November 27, 2020, Chongqing Jiulongpo District Ecological Environment Bureau received a report from the masses that there was a lot of black oil pollution on the river surface of Huangjueping section of the Yangtze River. Law enforcement officers immediately rushed to the scene to investigate and found that the incident was only 2.5 kilometers away from the centralized drinking water source in the downstream Yangtze River and Shangshan City, threatening the drinking water safety of millions of people in the urban area.
After receiving the report from the masses, the law enforcement officers of the ecological environment and the public security organs rushed to the scene within 2 hours, controlled four people who were dumping oil-water mixture on the spot, and seized a number of crime tools such as oil pumps and oil pipelines and three cars of oil-water mixture that had not been dumped. At the same time, the ecological and environmental departments cooperated with housing construction, maritime affairs, towns and streets to carry out traceability work, control pollution spillover in the first time, and lift the emergency state in 29 hours.

After investigation, Liu was originally a salesman of a hazardous waste disposal company. After resigning, he specialized in hazardous waste disposal intermediary business. In November 2020, Liu learned that Chongqing Xinxing Gear Co., Ltd. needed to treat the oil-water mixture (HW09 hazardous waste), so he took the initiative to find Chen Mou Ting, the logistics director of the factory, to undertake the oil-water mixture treatment business, and promised to pay the benefits afterwards. Chen Mou Ting knew that Liu was only an intermediary and knew the normal disposal price of the oil-water mixture, but under the banner of "saving costs for the company", he handed over the oil-water mixture to Liu for disposal at a price far below the market. Liu then contacted Chen Mou River to help find the disposal unit. However, after several inquiries, no one wanted to buy and dispose of it, so Liu motioned Chen Mou River to dispose of it by itself. On the evening of November 26th, four people, including Chen Mou Jiang, drove four trucks to illegally transfer about 52.54 tons of oil-water mixture to an abandoned factory building in Huangjueping Street, Jiulongpo District, Chongqing, and then transferred about 13 tons of oil-water mixture to an abandoned septic tank near the Yangtze River through a motor pump.
After the incident, Chongqing Jiulongpo District Ecological Environment Bureau immediately carried out on-site hazardous waste cleaning and compensation for ecological environment damage. At the first time, it held consultations with the procuratorate and Chongqing Xinxing Gear Co., Ltd. on compensation for ecological environment damage and reached a compensation agreement. Chongqing Xinxing Gear Co., Ltd. paid the emergency disposal expenses and ecological environment restoration expenses of this case totaling more than RMB 950,000.
【Investigate the situation】
According to Article 338 of the Criminal Law of People’s Republic of China (PRC) and Item 2 of Article 1 of the Interpretation of the Supreme People’s Procuratorate, the Supreme People’s Court on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Environmental Pollution, Chongqing Jiulongpo District Bureau of Ecology and Environment transferred the case materials to Jiulongpo District Branch of Chongqing Public Security Bureau on December 24, 2020. On February 25th, 2021, Jiulongpo Branch of Chongqing Public Security Bureau transferred the case to the People’s Procuratorate of jiangjin district, Chongqing for review and prosecution. On December 9, 2021, the People’s Court of jiangjin district, Chongqing made a judgment: Chen Mou Jiang and Chen Mou Ting were sentenced to 10 months’ imprisonment, Liu was sentenced to 6 months’ imprisonment, and the remaining three defendants were sentenced to five to four months’ criminal detention. All six defendants were fined 10 thousand yuan. At present, the judgment has come into effect.
【Enlightenment significance】
1. The Chongqing Municipal Public Security Bureau and the Municipal Bureau of Ecology and Environment, together with the relevant units in Beibei District and Jiulongpo District, conducted a thorough investigation on this illegal and criminal act of collecting, transporting and disposing of hazardous wastes across administrative regions, formed a joint effort in handling cases, found out the source of pollution, fixed the evidence in time, wiped out the enterprise responsible persons, intermediaries and dumping perpetrators involved in this case, and transferred them to judicial organs for criminal responsibility according to law, so as to prevent intermediaries from continuing to commit crimes.
2. Hazardous wastes are often diluted and dispersed quickly after being poured into the Yangtze River and other waters, which is extremely concealed and difficult to trace. Dumping cases involving hazardous wastes in water areas should respond quickly, dispose scientifically and control pollution accurately, so as to effectively safeguard the safety of source water quality and biodiversity. The case took only 2 hours from the dispatch of law enforcement officers to the arrest of the suspect, and there were still about 39 tons of illegally transported oil-water mixture at the scene before dumping. Through multi-level linkage, rapid response, scientific disposal and accurate pollution control, the serious and sudden environmental incidents of hazardous waste polluting the Yangtze River have been successfully avoided, and the drinking water safety of millions of people downstream has been effectively guaranteed.
3. Zhang Moumou and others in Wujiang District, Suzhou City, Jiangsu Province were suspected of illegally disposing of scrap iron barrels.
【Brief introduction of the case】
At the end of 2020, Wujiang District Public Security Bureau of Suzhou City (hereinafter referred to as Wujiang Public Security Bureau) found that there were dens illegally engaged in splitting and flattening waste chemical iron drums, which might pollute the external environment during the operation. Wujiang Public Security immediately joined forces with Suzhou Ecological Environment Bureau to form a task force to carry out detailed mapping work. The task force used drones equipped with infrared thermal imaging function to conduct detailed investigations on crime dens and other areas. After mastering conclusive evidence, on May 18th, 2021, the task force launched a centralized network-closing operation on five dens illegally disposing of waste chemical drums, and arrested many people involved, such as Zhang Moumou, and seized a large number of chemical drums to be disposed of and treated iron sheets and drum covers at the scene. After counting and weighing the iron drums and iron sheets seized at the site, it is found that there are more than 2,600 iron drums to be disposed of, including 98 tons of iron sheets and 53 tons of iron drum covers. After judicial appraisal, all the above items belong to hazardous waste (hazardous waste code is 900-041-49).
After investigation, Zhang Moumou and others bought scrap iron barrels from Wujiang, Kunshan and other places for illegal profit without obtaining a hazardous waste business license, and then they were flattened into "rough boards" through the processes of opening the lid, opening the seams and splitting the barrels, and then sold to Shandong, Jiangxi and other places. In the process of illegal disposal of scrap iron barrels, the leaked residue waste liquid was adsorbed by sawdust, and then transferred and dumped by others to the open space west of Fenhu Logistics Center in Wujiang District and the domestic garbage transfer station in Wanping. After testing, the dumping behavior has caused environmental pollution. At present, the dumped materials have been disposed of according to relevant regulations.
【Investigate the situation】
According to Article 338 of the Criminal Law of People’s Republic of China (PRC) and Article 1 (2) of the Interpretation of the Supreme People’s Procuratorate, the Supreme People’s Court on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Environmental Pollution, Zhang Moumou and others illegally disposed of scrap iron barrels and were suspected of environmental pollution.
On May 18, 2021, the Wujiang District Public Security Bureau of Suzhou City filed a case for investigation. By the beginning of November 2022, the Wujiang District Public Security Bureau of Suzhou City had taken criminal compulsory measures against 56 suspects, and the Wujiang District People’s Procuratorate of Suzhou City had filed a lawsuit against 32 people. At present, the case is under further investigation. Suzhou Municipal Bureau of Ecology and Environment has carried out the work of investigating the liability for compensation for ecological environment damage in an orderly manner.
The illegal acts of six enterprises, such as Wujiang Hengyi Oil Chemical Co., Ltd. and Wujiang Zhenrong Chemical Co., Ltd., which failed to declare the relevant materials of hazardous wastes in accordance with the relevant provisions of the state violated the provisions of the second item of the first paragraph of Article 112 of the Law on the Prevention and Control of Environmental Pollution by Solid Wastes in People’s Republic of China (PRC), and the Suzhou Municipal Bureau of Ecology and Environment successively imposed a fine of 2,018,740 yuan on the six companies involved.
【Enlightenment significance】
1. In the investigation stage of the case, the task force repeatedly used drones equipped with infrared thermal imaging and other models to conduct secret investigations in areas such as crime dens, which provided strong support for finding out the terrain of the dens, finding out the criminal process and fixing objective evidence.
2. In the aspects of clue judgment, on-the-spot investigation, evidence fixation, judicial expertise and finding out the criminal network, the eco-environmental department and the public security organ cooperated closely and held intensive consultations, and the efficiency of case handling was improved by mobilizing elite forces to handle cases on the spot.
4. Yan Moumou, Luohe City, Henan Province, was suspected of illegally dumping and disposing of hazardous waste.
【Brief introduction of the case】
On January 24, 2022, Luohe City Ecological Environment Comprehensive Administrative Law Enforcement Detachment received a report that there was a suspected chemical waste barrel in a yard in Liuzhuang Village, Wuyang County. After the preliminary judgment, the law enforcement officers immediately invited the public security organs to intervene in advance and joined the public security organs and other departments to go to the scene for investigation and verification. On-site inspection found that there were a large number of chemical waste barrels in the yard, and hazardous waste labels were attached to the barrels, with the chemical name "waste mineral oil". Combined with the third-party test report, it is preliminarily determined that the substances stored in the hospital are hazardous waste. After weighing, 57.1 tons of waste mineral oil and its packaging were seized on site.

While investigating the illegal storage of hazardous waste, the ecological environment department received a report that hazardous waste was buried in the farmland around the involved yard. On March 1, 2022, law enforcement officers used drones to search the surrounding environment. After discovering traces of dumping and burying waste mineral oil in two farmland, they immediately organized excavators with relevant departments to excavate the farmland involved, and dug up about 50 tons of oily soil, liquid ton barrels and black sludge bags on site.
After investigation, Yan Moumou shipped nearly 100 barrels of chemical waste barrels of waste mineral oil from others in September 2021 and placed them in the yard of Liuzhuang Village without obtaining a hazardous waste business license. Due to the damage of chemical waste barrels during transportation and handling, Yan Moumou directly dumped waste mineral oil (about 7.1 tons) in 13 tons of barrels into his contracted farmland in Liuzhuang Village. Because it was not covered up, the taste was pungent, and Yan Moumou then buried the dumped waste and contaminated soil (about 40 tons) in Yanwan Village; At the same time, Yan Moumou is also suspected of burying waste mineral oil (about 9.3 tons) in 15 chemical waste barrels to Yanwan Village.
【Investigate the situation】
According to Article 338 of the Criminal Law of People’s Republic of China (PRC) and Item 2 of Article 1 of the Interpretation of the Supreme People’s Procuratorate, the Supreme People’s Court on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Environmental Pollution, Yan Moumou’s illegal dumping of waste mineral oil is suspected of environmental pollution.
On March 28, 2022, Luohe Ecological Environment Bureau transferred the case to Luohe Public Security Bureau and copied it to Luohe People’s Procuratorate. On March 29th, Wuyang County Public Security Bureau officially put on file. At present, the case is under further investigation. Luohe City Bureau of Ecology and Environment simultaneously carried out the work related to compensation for ecological environment damage.
On August 19, 2022, Luohe City Ecological Environment Comprehensive Administrative Law Enforcement Detachment gave the whistleblower a reward of 5,000 yuan according to the relevant provisions of the Interim Measures for Reporting Environmental Pollution in Luohe City.
【Enlightenment significance】
1. In the process of handling cases, we can make full use of scientific and technological means such as drones to investigate the clues of problems, timely and accurately fix evidence, and greatly improve the efficiency of law enforcement. In addition, we can strengthen the publicity of the surrounding people’s visits and the reward system for ecological environment reporting, encourage public participation, and fully mobilize the public’s enthusiasm for participating in ecological environment protection, so as to effectively guarantee the smooth handling of cases and form good social benefits.
2. The ecological environment department can establish and improve the mechanism of public security and procuratorial organs’ early intervention, timely investigate and fix evidence, and form a new situation of cracking down on environmental crimes with departmental cooperation and mass participation.
5. The case of illegal dumping and landfill of sludge and hazardous wastes by Xinjingyuan Environmental Protection Company in Suining, Sichuan Province.
【Brief introduction of the case】
On June 8, 2021, the Southwest Supervision Bureau of the Ministry of Ecology and Environment informed the Sichuan Provincial Department of Ecology and Environment that Sichuan Suining Xinjingyuan Environmental Protection Company (hereinafter referred to as the Environmental Protection Company) was suspected of illegal dumping and landfill of sludge, and the law enforcement officers of the Sichuan Provincial Ecological Environmental Protection Comprehensive Administrative Law Enforcement Corps immediately rushed to the scene to conduct an investigation.
After investigation, from 2014 to March 2021, the environmental protection company leased the land of Sichuan Xingyu Biotechnology Co., Ltd. (hereinafter referred to as the biological company) for a long time, and directly dumped or buried more than 100,000 tons of domestic sewage sludge and 230 tons of gray solid waste in the leased land in the name of "soil improvement" without taking any harmless measures. The gray-white solid waste involved is a natural gas desulfurization product produced by Suining Saisike Natural Gas Co., Ltd., which was identified as hazardous waste.
The Sichuan Provincial Department of Ecology and Environment immediately organized experts to guide the local authorities to carry out sludge cleaning and hazardous waste disposal. By the end of December 2021, all the sludge, hazardous waste and contaminated soil involved in the case had been disposed of in a standardized way.
【Investigate the situation】
According to the provisions of Article 338 of the Criminal Law of People’s Republic of China (PRC), Item 9 of Article 1 and Item 2 of Article 3 of the Interpretation of the Supreme People’s Court and the Supreme People’s Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Environmental Pollution, the Department of Ecology and Environment of Sichuan Province transferred the case to the Public Security Department of Sichuan Province. The Sichuan Provincial Public Security Department appointed Suining Public Security Bureau to be responsible for the specific investigation. On March 16th, 2022, the final judgment of Suining Intermediate People’s Court was as follows: the environmental protection company and the biological company committed the crime of environmental pollution and were fined two million yuan respectively. Five defendants were sentenced to fixed-term imprisonment ranging from six years and three months to three years, and fined ranging from 500,000 yuan to 30,000 yuan. At present, Suining City Ecological Environment Bureau is cooperating with Suining City Housing and Urban-Rural Development Bureau to carry out the work related to compensation for ecological environment damage.
【Enlightenment significance】
1. In the daily law enforcement process, we can pay more attention to all kinds of historical borrow pits, pits, pits, reclaimed plots and pollution control and restoration activities, attach importance to actual utilization or treatment effect, be alert to illegal dumping and landfill of solid waste in the name of "soil improvement" and "mine restoration", and severely crack down on "false treatment and true dumping" behaviors.
2. Relevant units shall strictly implement the management procedures and pollution prevention measures in accordance with the Regulations on Land Reclamation (Order No.592 of the State Council), the Catalogue for Classified Management of Environmental Impact Assessment of Construction Projects (2021 Edition) and the Technical Guidelines for Pollution Prevention and Control of Solid Waste Recycling (HJ 1091—2020).
6. The case of illegal dumping and disposal of hazardous wastes by Wang Moumou and others in Yongkang City, Jinhua City, Zhejiang Province.
【Brief introduction of the case】
On August 6, 2021, Yongkang Branch of Jinhua Ecological Environment Bureau (hereinafter referred to as Yongkang Branch) received a report that unknown solid waste was dumped in Zhangtang Village, Xicheng Street. Law enforcement officers immediately rushed to the scene and found that a truck loaded with waste paint barrels, waste paint residue and sludge solid waste was parked at the reporting location. Part of the sludge-like solid waste at the site has been dumped on the ground, weighing 7.4 tons.
Yongkang Branch immediately traced the solid waste involved through the "industrial solid waste precision intelligent control early warning platform", and finally determined that the sludge-like solid waste was the wastewater treatment sludge of Yongkang Shengshi Industry and Trade Co., Ltd. (hereinafter referred to as Shengshi Industry and Trade). According to the enterprise environmental assessment report, it was initially identified as hazardous waste. Yongkang Branch immediately started the execution connection mechanism, informed the clues of the case, invited the public security organs to intervene in advance, and set up an ad hoc group to cooperate with the public security and procuratorial organs to handle the case. After investigation, Wang Moumou and others signed an agreement with Shengshi Industry and Trade with copies of relevant qualifications of other enterprises without obtaining a hazardous waste business license. On August 5, 2021, Huang Moudong, deputy general manager of Shengshi Industry and Trade, handed over the sludge in the warehouse to Wang Moumou for disposal without filling in the hazardous waste transfer form as required. After receiving the sludge, Wang Moumou instructed others to carry out illegal disposal, and finally dumped it in Xicheng Street, Yongkang City.

After investigation by the public security organs, it was found that Wang Moumou and others illegally transferred and dumped hazardous waste for many times under the guise of "legal disposal" and made profits from it. Twelve companies, including Shengshi Industry & Trade, all have illegal acts of signing simple disposal agreements, failing to fill in the hazardous waste transfer form as required, and handing over hazardous waste to Wang Moumou and others for disposal. The public security organs handed over the relevant case clues to the ecological environment department and carried out joint investigations. In addition, it was found that in July 2021, Wang Moumou and others shipped hazardous wastes such as waste paint residue, waste paint bucket and sludge from Zhejiang Zhongpu Kitchenware Manufacturing Co., Ltd. and Lanxi Taiyi Metal Products Co., Ltd. to Zhongfan Township, yiyang county City, Jiangxi Province, and dumped them in a remote location under the guidance of local Huang Moting. After on-site excavation and weighing, the total amount of hazardous waste and soil contaminated by it is 104.82 tons.
【Investigate the situation】
According to Article 338 of the Criminal Law of People’s Republic of China (PRC) and Item 2 of Article 1 of the Interpretation of the Supreme People’s Procuratorate, the Supreme People’s Court on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Environmental Pollution, Yongkang Branch transferred the case to the public security organ on August 13, 2021, and Yongkang Public Security Bureau filed a case for investigation on the same day. On November 18th, Yongkang Public Security Bureau handed over the case to Yongkang People’s Procuratorate. From July 27 to August 8, 2022, Yongkang People’s Court made three judgments: Wang was sentenced to two years in prison and fined RMB70,000; Huang Moting was sentenced to one year in prison and fined RMB20,000. Huang Moudong was sentenced to eight months in prison and fined 10,000 yuan. Other people involved in the case were sentenced to two years to eleven months in prison and fined 50,000 yuan to 15,000 yuan.
On January 27th, 2022, the people involved in Zhejiang Zhongpu Kitchenware Manufacturing Co., Ltd. and Lanxi Taiyi Metal Products Co., Ltd. voluntarily paid the compensation fee for ecological environment damage to Zhongfan Township People’s Government in yiyang county, totaling RMB 234,230. On March 1st, 2022, Yongkang Branch signed an ecological environment damage compensation agreement with Shengshi Industry and Trade Co., Ltd., and Shengshi Industry and Trade Co., Ltd. voluntarily recovered RMB20,000 for the ecological environment protection work, in addition to bearing the transportation expenses and emergency disposal expenses of the hazardous wastes involved.
Twelve companies, including Shengshi Industry & Trade Co., Ltd., failed to fill in the joint list of hazardous waste transfer as required, which violated the provisions of the fifth paragraph of Article 112 of the Law on the Prevention and Control of Environmental Pollution by Solid Wastes in People’s Republic of China (PRC). Yongkang Branch and Lanxi Branch of Jinhua Ecological Environment Bureau successively fined 100,000 yuan to the 12 companies involved.
【Enlightenment significance】
1. According to Article 37 of the Law of People’s Republic of China (PRC) on the Prevention and Control of Environmental Pollution by Solid Waste, if a unit that produces industrial solid waste entrusts others to transport, utilize and dispose of industrial solid waste, it shall verify the principal qualification and technical ability of the entrusted party, sign a written contract according to law, and stipulate the pollution prevention requirements in the contract. Therefore, waste-producing units need to strictly implement the main responsibility in their daily production and business activities and transfer and dispose of hazardous wastes according to regulations. Illegal dumping of hazardous waste under the guise of legal disposal of hazardous waste will not only bear the corresponding administrative punishment, but also the enterprise and relevant personnel will face criminal responsibility.
2. The eco-environmental department can rely on big data for accurate supervision. The case relies on the "Yongkang Industrial Solid Waste Precision Intelligent Control Early Warning Platform" to track and achieve accurate traceability. At present, the platform has opened six provincial business systems to achieve data sharing, integrated analysis and early warning. In order to further broaden the perception antenna and weave a dense monitoring network, Yongkang City has increased the layout of monitoring outlets to achieve full coverage of monitoring in waste-related industrial zones, waste-related enterprises, key sensitive areas and county card points.
Seven, Chenzhou City, Hunan Province, Li Moumou suspected of illegal disposal of hazardous waste pollution case.
【Brief introduction of the case】
On September 2, 2021, the law enforcement officers of Chenzhou Ecological Environmental Protection Comprehensive Administrative Law Enforcement Detachment found in their daily inspection that there were a large number of waste lead plates, waste lead paste and lead-containing plastic contaminants produced after dismantling the suspected waste lead storage battery in Warehouse 6 of Xingwang Storage Department of Chenzhou City, as well as large-scale production facilities and equipment such as crushers, forklifts and forklifts, and there were traces of dismantling and disposal of waste lead storage batteries at the scene. According to the National List of Hazardous Wastes (2021 Edition), waste lead batteries belong to hazardous wastes. At the same time, it was identified that the sediments in the ditches around Warehouse 6 were also hazardous wastes.
After investigation, Li Moumou illegally engaged in the production and operation activities of collecting, storing and disposing of waste lead batteries without obtaining a hazardous waste business license. After weighing, there are 343.19 tons of waste lead plate, waste lead paste and 18.61 tons of lead-containing plastic contaminants in Warehouse 6, which have been temporarily stored in the hazardous waste temporary storage room of nearby companies.

After preliminary investigation, there is a criminal chain behind Li’s illegal disposal of waste lead batteries, from collection, storage and transportation to dismantling and smelting. Chenzhou Ecological Environment Bureau, public security organs and procuratorial organs jointly formed an investigation team to conduct a thorough investigation. At first, Li refused to explain the facts of the crime. Law enforcement officers changed their thinking, searched for the source and flow direction of hazardous waste from the periphery, and gradually investigated and judged more than 10 suspects suspected of providing funds, goods and downstream acquisitions. After the investigation team dug deep along the line, it was found that the source of waste lead batteries involved covered more than 10 counties and cities in 6 provinces, with a total weight of more than 5,000 tons.
【Investigate the situation】
According to Article 338 of the Criminal Law of People’s Republic of China (PRC) and Item 2 of Article 1 of the Interpretation of the Supreme People’s Procuratorate, the Supreme People’s Court on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Environmental Pollution, the illegal collection, storage and disposal of waste lead-acid batteries by Li Moumou and others are suspected of environmental pollution.
On September 8, 2021, the Bureau of Ecological Environment of Chenzhou City transferred the case to the Beihu Branch of the Forest Public Security Bureau of Chenzhou City, and asked the people’s procuratorate of Beihu District of Chenzhou City to send personnel to intervene in the case investigation in advance. On September 16th, Beihu Branch of Chenzhou Forest Public Security Bureau filed a case for investigation. Up to now, a total of 14 suspects have been transferred to the procuratorial organs for examination and prosecution, of which 5 suspects have been prosecuted with civil public interest litigation, and 9 suspects have been prosecuted with civil public interest litigation.
【Enlightenment significance】
1. Hazardous waste environmental crimes tend to be chained. Find clues from a certain link of the criminal chain, and then collect a large amount of evidence to form a closed-loop evidence chain, so as to achieve the effect of tracing the source and attacking the whole chain. At the same time, completely cutting off the criminal chain has also warned and educated practitioners in the hazardous waste industry, effectively curbing the high incidence of such cases.
2. In the process of handling this case, the eco-environmental department immediately transferred the clues of the case and related evidence to the public security organ, and invited the procuratorial organ to intervene in the investigation of the case in advance. The eco-environmental department, the public security organ and the procuratorial organ cooperated with each other to effectively strengthen the convergence of execution and ensure the smooth handling of the case.