Linqu County Hazardous Waste "Destroying the Ecological Environment" Reward Report Publicity Paper
Residents and friends:
Hazardous wastes refer to solid wastes (including liquid wastes) that have one or more hazardous characteristics of toxicity, corrosiveness, flammability, reactivity or infectivity, or do not exclude those with hazardous characteristics, which may have harmful effects on the ecological environment or human health, and need to be managed in accordance with hazardous wastes. Hazardous waste violations are related to the life safety and health of the people, and the bottom line of ecological and environmental safety must be firmly maintained.
In order to continue to maintain a high-pressure situation of cracking down on illegal and criminal activities in the field of ecological and environmental protection, and severely crack down on environmental violations of hazardous waste, you are welcome to report environmental violations of illegal generation, storage, transfer, disposal, utilization, dumping, and landfilling of hazardous waste.
How to make a report
When illegal acts are discovered, they can be reported through the Linqu Branch of Weifang Ecological Environment Bureau (0536-3212217, 3127356), other departments responsible for the supervision and management of solid waste pollution prevention and control, and the town (street, park, district) where the incident occurred.
Whistleblowing requirements:
The matters reported by the informant shall be objective and truthful, and the informant shall truthfully provide the name (or enterprise name) of the subject of the report, the address, the time, place, severity of the harm, whether there are casualties, and other circumstances, and must not fabricate or exaggerate, and must not deliberately fabricate facts to frame others. Whistleblowers are encouraged to report with their real names in accordance with the law.
Whistleblowing protection
The information of the informant shall be kept strictly confidential, and the rights of the informant shall be protected in accordance with the law. Those who maliciously report, falsely accuse, frame others, or retaliate against whistleblowers will be investigated for corresponding legal responsibility in accordance with laws and regulations.
Reward for reporting
If the clues provided by the whistleblower are found to be true after investigation by the ecological environment department, and the illegal acts are dealt with accordingly in accordance with the law, the real-name whistleblowers will be rewarded at different grades in accordance with the requirements of the "Notice of the Shandong Provincial Department of Ecology and Environment and the Shandong Provincial Department of Finance on Printing and Distributing the Provisions on Rewards for Reporting Ecological and Environmental Violations in Shandong Province" (Lu Huanfa [2023] No. 19).
The "cost" of hazardous waste to damage the environment
The Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste came into force on September 1, 2020.
(1) Fines or suspension of business
Illegal "costs" In case of any of the following acts, the competent department of ecology and environment shall order corrections, impose fines, and confiscate illegal gains;
1. Failure to set up hazardous waste identification signs in accordance with regulations;
2. Failure to formulate a hazardous waste management plan or declare relevant information on hazardous waste in accordance with relevant national regulations;
3. Dumping or stacking hazardous wastes without authorization;
4. Providing or entrusting hazardous wastes to unlicensed units or other producers and operators to engage in business activities;
5. Failing to fill out or run the hazardous waste transfer form in accordance with the relevant provisions of the state or transferring hazardous waste without approval;
6. Failure to store, utilize, or dispose of hazardous wastes in accordance with national environmental protection standards, or mixing hazardous wastes with non-hazardous wastes for storage;
7. Mixed collection, storage, transportation, and disposal of hazardous wastes with incompatible properties without safe disposal;
8. Transferring places, facilities, equipment, containers, packaging and other items for the collection, storage, transportation, or disposal of hazardous wastes for other purposes without decontamination;
9. Failure to take corresponding preventive measures, resulting in the dispersion, loss, leakage or other environmental pollution of hazardous wastes;
10. Discarding or scattering hazardous wastes along the way during transportation;
11. Failure to formulate hazardous waste accident prevention measures and emergency plans;
12. Failure to establish a hazardous waste management ledger in accordance with relevant national provisions and truthfully record it.
(2) Administrative detention
Illegal "costs" Where any of the following acts are committed, but do not constitute a crime, the public security organs are to detain the legally-designated representatives, principal responsible persons, directly responsible managers, and other responsible personnel for between 10 and 15 days, and where the circumstances are more minor, detain them for between 5 and 10 days:
1. Dumping, stacking, discarding, or scattering solid waste without authorization, causing serious consequences;
2. Construction of facilities and sites for the centralized storage, utilization, and disposal of industrial solid waste, hazardous waste, and domestic waste landfills in ecological protection redline areas, permanent basic farmland concentration areas, and other areas that require special protection;
3. Providing or entrusting hazardous wastes to unlicensed units or other producers and operators for stacking, utilization, or disposal;
4. Engaging in the collection, storage, utilization, and disposal of hazardous wastes without a license or in accordance with the provisions of the permit;
5. Transferring hazardous waste without approval;
6. Failure to take preventive measures, resulting in the dispersion, loss, leakage or other serious consequences of hazardous wastes.
(3) Criminal punishment
The Supreme People's Court and the Supreme People's Procuratorate's Interpretation of Several Issues Concerning the Application of Law in the Handling of Criminal Cases of Environmental Pollution stipulates that:
Illegal "costs" In any of the following circumstances, the conduct provided for in Criminal Law articles 338 and 339 shall be found to be "serious environmental pollution":
1. Illegally discharge, dump, or dispose of more than three tons of hazardous waste;
2. Discharging, dumping, or disposing of radioactive wastes, wastes containing infectious disease pathogens, or toxic substances through methods that evade supervision, such as hidden pipes, seepage wells, seepage pits, fissures, karst caves, and perfusion;
3. Where unlawful gains or losses of public or private property are 300,000 yuan or more, and serious environmental pollution is to be sentenced to up to three years imprisonment or short-term detention and/or a fine.
In any of the following circumstances, it shall be found to have "especially serious consequences":
1. Illegally discharging, dumping, or disposing of more than 100 tons of hazardous waste;
2. Where public or private property is caused to suffer losses of 1,000,000 RMB or more, and the consequences are especially serious, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.
Illegal "cost" Engaging in the business activities of collecting, storing, utilizing, or disposing of hazardous wastes without a hazardous waste business license, and seriously polluting the environment, shall be convicted and punished in accordance with the crime of polluting the environment; Clearly knowing that others do not have a hazardous waste business license, providing or entrusting them to collect, store, utilize, or dispose of hazardous waste, seriously polluting the environment, is to be punished as a joint crime.
Compensation for ecological damage
Article 1235 of the Civil Code of the People's Republic of China: Where damage to the ecological environment is caused in violation of state regulations, the organs prescribed by the state or the organizations prescribed by law have the right to request the infringer to compensate for the following losses and expenses:
1. Losses caused by the loss of service functions during the period from the damage to the ecological environment to the completion of restoration;
2. Losses caused by permanent damage to ecological and environmental functions;
3. Expenses for investigation, appraisal and assessment of ecological and environmental damage;
4. Expenses for cleaning up pollution and restoring the ecological environment;
5. Reasonable expenses incurred to prevent the occurrence and expansion of damage.
Source: Linqu Ecological Environment