Without obtaining the qualification to deal with hazardous wastes, in violation of national regulations, 5.9 tons of hazardous wastes were dumped and disposed of without authorization, causing environmental pollution. Recently, the Yueyang Lou District People's Court pronounced a verdict on the case of Deng Moumin and Deng Mousheng for polluting the environment, Deng Moumin committed the crime of polluting the environment, sentenced to nine months imprisonment and fined 5,000 yuan; Deng Mousheng committed the crime of polluting the environment, sentenced to six months and two days imprisonment, and fined 2,000 yuan.
After trial, it was found that Deng Moumin and Deng Mousheng did not have a business license and did not obtain hazardous waste disposal qualifications. Since the beginning of 2020, Deng Moumin has recovered the iron barrels, rubber barrels and ton barrels of hazardous waste chemicals such as antioxidants, thermal oils, thinners, benzyl alcohol, glutenomium phosphine, corrosion inhibitors and other hazardous waste chemicals at prices ranging from 30 yuan to 260 yuan, and stored them in the open space of a village group in Yueyang Lou District that he rented, Deng Mousheng is mainly responsible for cleaning and storing the stored barrels, and Deng Moumin is mainly responsible for selling the barrels, with prices ranging from 40 yuan to 320 yuan. The two defendants made a total profit of more than 100,000 yuan.
In 2021, the Yueyang Lou Branch of the Yueyang Municipal Bureau of Ecology and Environment seized 17.94 tons of waste chemical barrels at the storage site. According to the identification of Hunan Academy of Environmental Protection Sciences, 5.9338 tons are hazardous wastes.
The court held that the defendants Deng Moumin and Deng Mousheng's actions constituted the crime of polluting the environment. This case is a joint crime, and Deng Moumin plays a major role in the joint crime and is the main offender; Deng Mousheng plays a secondary role in the joint crime, and is an accessory, and he can be given a lighter punishment. After Deng Moumin and Deng Mousheng arrived at the case, they could truthfully confess the facts of the crime and were willing to accept punishment, and they could be given a lighter punishment. The illegal gains of Deng Moumin and Deng Mousheng shall be recovered in accordance with law and handed over to the state treasury. Therefore, the above judgment was made in accordance with the law.
【Source: Loudi Intermediate Court_Case】
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