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Shenzhen's first environmental apology commitment system: corporate apologies can be fined 300,000
The black-hearted electroplating company actually mixed the electroplating wastewater containing heavy metals into the toilet water pipe for stealing. If there is such a crazy enterprise, there are extraordinary sanctions. In August 2017, Shenzhen Habitat Environment Committee issued the largest ticket in Shenzhen history for Yonglixin Hardware Products Co., Ltd. (hereinafter referred to as Yongli Xin), which was 12.39 million yuan. At the same time, the legal representative of the company was sent to prison. In fact, this is only one of the environmental violations decided by the Shenzhen court department in 2017. While fully utilizing judicial means, Shenzhen has also created a system of “public law apology for illegal enterprises and a law-abiding and exemption from fines of 300,000 yuanâ€. Shenzhen Maozhou River Basin was publicly exposed by the Central Environmental Protection Inspectorate due to pollution problems. Recently, Lu Xuyang, deputy director of the Shenzhen Habitat Central Committee, revealed in an interview that Shenzhen has initiated 20 law enforcement actions including rectification of Maozhou River Basin pollution. Administrative penalties were imposed on 2,283 environmental violations, with a fine of 242 million yuan, accounting for one quarter of the total amount of environmental violations in Guangdong Province. Electroplating enterprises smuggle wastewater into the toilets. “The overall planning and system promotion of Maozhou River is not enough. As of the inspection, Shenzhen and Dongguan still have about 450,000 tons of domestic sewage directly discharged into the environment. Shenzhen is in the pollution control of Maozhou River and other river basins. A large number of bins and culverts have been used to prevent pollution, and the pollution is not divisible. The interception effect is greatly reduced." In April 2017, the Central Environmental Protection Inspector team visited the Maozhou River in Shenzhen at least twice when reporting feedback to Guangdong Province. pollution problem. In this regard, Shenzhen City listed some key areas including the Maozhou River Basin as a special pollution control area. The Shenzhen Municipal People's Living Circle Committee requested that all environmental violations discovered in special control areas be punished. But there are still companies that are hitting the gun. At the beginning of April 2017, Shenzhen Habitat Environmental Protection Committee received news that Yongli Xin had stolen electroplating wastewater. On April 6, the Habitat Circle sent a law enforcement officer to the company for inspection, and found no problems. "We stayed close to the company for three consecutive days." Xu Hua, the head of the supervision team of the Shenzhen Habitat Central Committee, told reporters that during this time, they knocked on the enterprise door; they climbed into the enterprise bathroom and tried to find the problem, and there was nothing to gain. Finally, find out the flaws in the rainwater wells on the outer walls of the company. Law enforcement officers found that Yongli Xin actually mixed the electroplating wastewater into the sewer of the toilet and sneaked into the Maozhou River through the municipal sewage well. Xu Hua revealed that Yongli Xin refused to correct the illegal issues. In August 2017, the Shenzhen Environmental Protection Department imposed a daily fine on the violation of the Yongli Xin concealed pipe that exceeded the standard for direct discharge of heavy metal waste water. The fine was 12.39 million yuan, the highest environmental penalty in Shenzhen history. In view of Yongli Xin's repeated teachings and serious violations, in addition to high fines, the Shenzhen Environmental Protection Department also revoked the company's sewage permit, ordered it to suspend production and rectification, and transferred the suspected environmental crimes to the public security organs to pursue criminal responsibility. In the end, the legal representative of the company was sentenced to six months in prison for environmental pollution. In the Shenzhen security zone, the reporter saw that Yonglixin had been completely suspended after being punished, and the factory was empty. Xu Hua told reporters that at present, the owners of the original enterprises have not been able to manage and transfer the enterprises to others. According to the requirements of the Shenzhen Municipal People's Living Circle Committee, the people who took over the enterprise are undergoing a comprehensive rectification of the enterprise. Environmental violations amounted to more than 200 million In Lu Xuyang's view, 2017 was the most stringent year for environmental law enforcement in Shenzhen. In this year, the Shenzhen Environmental Protection Department carried out 20 special enforcement actions such as “Lijian No.1â€, “Spring Thunder Action 2017â€, “Small scattered pollution†enterprise rectification, and remediation of industrial pollution sources in Maozhou River Basin. Xu Hua told reporters that in response to the wading industrial pollution sources in the black and odorous waters of Shenzhen, Shenzhen City launched the “Lius No. 1†special enforcement action, focusing on combating wading industrial pollution sources in the black and odorous watershed. Through the three measures of “big investigationâ€, high standard “big rectification†and zero tolerance “big supervisionâ€, 5177 enterprises were rectified and 1,599 illegal acts were investigated and handled, achieving “100% stable discharge of key pollutants and small wastewater 100% of enterprises' sewage discharges are included in the standardized management of joint orders, and the “small scattered pollution†wading enterprises have completed 100% of the remediation and cleared them, and all the service-related water pollution sources with 100% management standards have “four 100%†targets. At the same time, the Shenzhen Municipality has also introduced the “six uniforms†measures, that is, the enterprises that continuously exceed the standard for discharging pollutants shall be punished according to law according to law; the sewage facilities and equipment that evade supervision shall be sealed up and seized according to law; If the standard or the maximum allowable emission total control index of the key pollutants exceeds the limit, the production shall be restricted and the production shall be stopped. If the pollutants are discharged through the dark pipe, seepage well, seepage pit, or infusion, the pollutant discharge standards shall be exceeded. The discharge permit shall be revoked according to law or the suspension of production and rectification shall be implemented; if administrative detention is imposed on serious environmental violations, it shall be transferred to the public security organs for administrative detention according to law; if the pollutants are discharged by tampering or forging monitoring data, etc., alleged to be environmental pollution crimes shall be in accordance with the law. Transferred to the judiciary and pursued criminal responsibility. Wang Bin, director of the Regulations of the Shenzhen Municipal People's Living Environmental Protection Committee, revealed that Shenzhen has strengthened the criminal justice link. In March last year, the environmental police was established, and the Shenzhen Office for Combating Pollution and Environmental Crimes was established to increase the seamlessness between environmental protection and the public security department. Linkage and collaboration will form a joint effort to comprehensively combat illegal environmental crimes. Since the publication of the “two highs†judicial interpretation, the Shenzhen Municipal Environmental Protection Department has transferred 176 suspected environmental pollution crimes to the public security organs, 140 public security organs, 95 criminal detentions by public security organs, and 78 arrests by the procuratorate. Among them, in 2017, Shenzhen courts sentenced 41 cases, sentenced 52 people to fixed-term imprisonment and fines, and sentenced to a maximum of one year and six months in prison, the minimum sentence was 4 months, and the maximum penalty was 10,000 yuan. The minimum is one thousand yuan. There are still 14 cases in the court process. 540 illegal companies publicly apologize for commitments Shenzhen environmental law enforcement is not only strong, but also dares to innovate. One of them is the public apology commitment system. "Since 2016, Shenzhen has strictly enforced environmental supervision and law enforcement, severely punishes environmental offenders, and based on the mandatory public apology commitment system for serious offenders, it has created a system of violent punishment for violators to take the initiative to publicly apologize." Wang Bin said The public apology commitment system is that before the offenders make an administrative punishment decision, the offenders take the initiative to publicly apologize in the mainstream media in Shenzhen and make a commitment to the conservative law, and punish them according to the discretionary standards. He told reporters that in 2017, Shenzhen City has also improved the system. “To limit the improper use of apologies and promises to reduce environmental protection responsibilities, urge enterprises to correct illegal activities, and increase the applicable conditions and exclusions of the apology promise reduction clause. "Wang Bin said that the Shenzhen Municipal People's Living Environment Committee issued the "Shenzhen Environmental Administrative Punishment Discretionary Power Implementation Standards (Fourth Edition)" clearly stipulates that environmental protection illegal acts are applicable to the judicial organs to pursue criminal responsibility, due to environmental violations Eight types of violations such as environmental violations within three years from the date of the administrative penalty public apology promise shall not apply to the provision of a light apology for public apology, and at the same time increase the apology promised to reduce the maximum amount of fines not exceeding 300,000 yuan. Regulations, etc. Lu Xuyang revealed that since the implementation of the public apology commitment system, a total of 540 companies in Shenzhen have publicly apologized in the mainstream media in Shenzhen and promised to abide by the law. Such rigorous law enforcement finally called back the blue sky and clear water. According to the Shenzhen Municipal Atmospheric Environmental Quality Improvement Plan (2017-2020) issued by the Shenzhen Municipal Government in the form of Document No. 1 of 2017, the air quality will reach the target value of the second phase of the World Health Organization Air Quality Guidelines by 2020 (ie PM2). .5 annual average concentration is 25 μg/m3). This goal is not only 15 years ahead of Guangdong Province, but also the first to introduce international advanced standards for air quality in large cities across the country. It is understood that as of the end of 2017, the Ministry of Environmental Protection's water quality test results for Maozhou River show that the ammonia nitrogen indicators of the three sections of Gonghe Village, Yanchuan and Yangyong River Bridge in Maozhou River (Baoan Section) have reached the standard of no black and no smell. (Reporter Yan Jianrong)