The first phase of typical cases of ecological environmental law enforcement in Hainan Province in 2020
classic case
The first phase of typical cases of ecological environmental law enforcement in Hainan Province in 2020
Case 1:
A case of false inspection report issued by a motor vehicle testing Co., Ltd. in Hainan
1、 Brief introduction to the case
On April 8, 2020, the column "Changxing 365" of Hainan TV news channel reported that some motor vehicle detection stations in Haikou City were in chaos. In the report, it was found that the nitrogen oxide concentration of vehicles with license plate number "black bw7xx8" was far beyond the emission standard when it was commissioned by a testing Co., Ltd. in Hainan. After trading with "yellow cattle", the company passed the test at one time in a certain motor vehicle testing Co., Ltd. in Hainan Province. The company is suspected of environmental violations of issuing false inspection reports.
After media reports, Haikou Ecological Environment Bureau filed a case for investigation on a certain motor vehicle testing Co., Ltd. in Hainan on April 9, 2020. In the process of investigation, Haikou Ecological Environment Bureau, together with the provincial ecological environment department and provincial, municipal and district market supervision and Management Bureau and other functional departments, formed an investigation group. After investigation, it was found that the company's inspectors repeatedly touched the detector during the environmental protection test of "black bw7xx8" and operated illegally to interfere with the operation status of the instrument and equipment. After that, the nitrogen oxides in the "black bw7xx8" test data appeared several detection data within one second and dropped rapidly in a short time. Finally, the "black bw7xx8" test report issued by the company was compared with that detected in front of it The test report data of "qiongagwxx8" motor vehicle are highly consistent. Therefore, the company has the environmental illegal behavior of issuing false detection reports by interfering with the detection instruments.
2、 Investigation and treatment
According to the provisions of Article 54 and Article 112 (1) of the law of the people's Republic of China on the prevention and control of air pollution, and Article 4 of the measures for judgment and treatment of falsification of environmental monitoring data, and in combination with the "Hainan Province ecological environment administrative penalty discretion standard", Haikou Ecological Environment Bureau ordered the company to issue false test reports for environmental violations Immediately correct, and make an administrative penalty of confiscating the illegal income of environmental protection testing fee of 165 yuan and fine of 278000 yuan according to law.
3、 Case enlightenment
（1） We should respond to the hot spots of the masses in a timely manner, so that there is no escape of illegal environmental activities. The illegal clue of this case comes from the media report. After the media exposure, Haikou Ecological Environment Bureau responded quickly and organized the investigation work to conduct in-depth investigation on the environmental violations involved in the report.
（2） We will launch a cross departmental collaborative investigation mechanism. During the investigation of this case, Haikou Ecological Environment Bureau, together with Provincial Ecological Environment Department, provincial, municipal and district market supervision and Administration Bureau, formed a joint investigation team to investigate the company's environmental violations, collect evidence on site, read relevant information, and form a joint force to effectively deter illegal enterprises.
（3） Quickly lock in key evidence. The bureau took the company's monitoring video for the first time, and found that the company's inspectors' illegal operation of interference instruments and equipment in the detection process was recorded by video monitoring, and fixed evidence in time, which played a key role in finding out the illegal facts.
Case 2:
Case of abnormal operation of pollution prevention and control facilities in an Industrial Co., Ltd. in Hainan
1、 Brief introduction to the case
On November 28, 2019, the public reported that a pig farm in jianguopo, Meilan District, Haikou City was suspected of illegally discharging sewage. The ecological environment protection administrative law enforcement bureau of Hainan Provincial Ecological department, together with Wenchang ecological environment bureau and Haikou Meilan District Environmental Supervision Bureau, jointly investigated the original pig farm project of an Industrial Co., Ltd. in Hainan. According to the investigation, the project is located in a village at the junction of dadaopo Town, Meilan District, Haikou City and Jinshan Town, Wenchang City. According to the requirements of the EIA reply, the project has built sewage treatment facilities, and has passed the EIA acceptance. The on-site inspection found that the sewage treatment station of the project was not in operation, and the sewage was directly discharged into two ponds outside the plant area without treatment, and then discharged to the nearby farmland through pipelines. Wenchang Ecological Environment Bureau immediately took evidence of illegal activities of an Industrial Co., Ltd. in Hainan. As the project is located in Meilan District of Haikou City, the sewage is discharged into Wenchang City, which is a cross administrative environmental illegal act. On December 18, 2019, the Provincial Department of ecological environment designated Wenchang ecological environment bureau to investigate and deal with the company's environmental violations. On the same day, Wenchang Ecological Environment Bureau filed a case against the illegal operation of pollution prevention and control facilities by an Industrial Co., Ltd. in Hainan.
2、 Investigation and treatment
According to the "Hainan Province ecological environment administrative penalty discretion standard provisions", the pollutants directly discharged by the company do not contain toxic pollutants, and the degree of harm is relatively light. The company actively cooperates with the law enforcement work after the problems are found in the verification, and timely rectification is made after the issuance of the decision on ordering to correct the illegal behavior, which does not cause more serious pollution. According to the provisions of item 3 of Article 83 of the law of the people's Republic of China on the prevention and control of water pollution, the company shall be fined 120000 yuan for the abnormal operation of pollution prevention and control facilities; according to item 3 of Article 63 of the environmental protection law of the people's Republic of China and the provisions of Article 5, paragraph 1, of the Interim Measures for the transfer of environmental illegal cases of administrative detention by the competent administrative department The case was transferred to the public security department, which punished the project leader of the original pig farm of the company and the operation and maintenance administrator of the manure treatment station for 5 days respectively.
3、 Case enlightenment
（1） We will establish and improve a cross regional ecological environment law enforcement collaborative investigation mechanism. For the cross regional environmental violations, the superior departments shall designate the jurisdiction and clarify the subject of law enforcement, which will solve the problem
