Source: Ash Desulfurization and Denitrification Technology Alliance
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Dilution test samples interfere with automatic monitoring, and the corporate environmental protection commissioner is criminally detained!
From May to October 2021, the Ganzhou Municipal Bureau of Ecology and Environment, the Ganzhou Municipal People's Procuratorate, and the Ganzhou Municipal Public Security Bureau jointly launched a special action to crack down on environmental violations and crimes of hazardous waste and the falsification of automatic monitoring data of key pollutant discharge units in the city, comprehensively cracking down on cross-regional illegal crimes involving hazardous waste, punishing the falsification of automatic monitoring data of key pollutant discharge units, and effectively protecting the health and life safety of the people. In order to further give play to the exemplary and leading role of typical cases, to enhance the entire society's awareness of the rule of law and the protection of the ecological environment, and to create a positive social atmosphere of respecting the law, learning the law, abiding by the law, and using the law, the typical cases of this special action are hereby announced as follows:
1. Basic facts of the case
On the morning of September 15, 2021, according to the report of the masses, the Shangyou Ecological Environment Bureau of Ganzhou City conducted an on-site inspection of a large-scale farm in Shangyou County. The on-site inspection found that the company was discharging yellow and smelly wastewater, but the online data of ammonia nitrogen and COD data of the farm's sewage discharge port were abnormally low, reaching the surface water class I standard, which was far from the pollutant index of the sewage discharged from livestock and poultry breeding, and was suspected of discharging water pollutants beyond the standard by falsifying monitoring data. On September 23, 2021, the Shangyou Ecological Environment Bureau of Ganzhou City transferred the large-scale farm to the Shangyou County Public Security Bureau (Shanghuan Xing Yi [2021] No. 1) on suspicion of environmental pollution crimes. On September 30, 2021, the Shangyou Ecological Environment Bureau of Ganzhou City conducted an investigation into the illegal acts of the large-scale farm (case number: Shanghuan Lishen [2021] No. 5). On October 8, 2021, the Shangyou Ecological Environment Bureau of Ganzhou City issued a "Decision on Ordering the Correction of Illegal Behaviors" (Shanghuan Zhi Gai Zi [2021] No. 3) to the large-scale farm, which was delivered on the same day. On October 8, 2021, the Shangyou Ecological Environment Bureau of Ganzhou City issued the "Notice of Administrative Punishment in Advance (Hearing)" (Shanghuan Penalty Notice Zi [2021] No. 5) to the large-scale farm, which was delivered on the same day. On October 9, 2021, the Shangyou County Public Security Bureau filed a case for investigation on the scale of the farm for the crime of destroying computer information systems, and on October 20, 2021, the environmental protection commissioner of the scale farm, Chen, was criminally detained. On November 23, 2021, the Shangyou Ecological Environment Bureau of Ganzhou City issued an Administrative Penalty Decision (Shanghuan Penalty Zi [2021] No. 5) to the company and served it on the same day.
II. Determination of Facts of Violations and Collection of Evidence
(1) Determination of the facts of the violation
1. Determination of interference with sampling and serious distortion of monitoring data.
Law enforcement officers found that from 16:00 on September 9, 2021, the company's ammonia nitrogen and COD data dropped sharply, reaching the Class I standard for surface water, which is far from the pollutant index of sewage discharged from livestock and poultry breeding, and there may be online data fraud. After careful investigation, it was found that the company's sampling water inlet pipe was connected to a well water pipe next to the online station room, and after opening the red valve on the hillside of the well water pipe, it was found that the well water in the well water pipe could directly enter the sampling water inlet pipe. After that, the law enforcement officers closed the red valve, and opened the valve at the end of the well water pipe (near the side of the small stream), and closed the valve after the residual water of the well water in the pipe was discharged, and the online monitoring data at 18 o'clock showed that the ammonia nitrogen and chemical oxygen demand indicators rose sharply, exceeding the emission standard of "Livestock and Poultry Breeding Pollutant Discharge Standard (GB18596-2001)", of which the chemical oxygen demand was 484.99mg/L and the ammonia nitrogen was 109.58mg/L. Based on this, our bureau determined that the company affected the data of the online monitoring equipment by using well water as a test sample or diluting the test sample, which was suspected of interfering with sampling, resulting in serious distortion of the monitoring data.
2. Identification of water pollutants discharged in excess of standards.
On September 16, 2021, a third-party testing agency (Jiangxi Ankang Testing Technology Co., Ltd.) took 4 samples of the company's sewage outlet and emergency pool wastewater discharge respectively, and issued a test report (report number: H&S0221013092011) on September 24, and the test results showed that the chemical oxygen demand (test concentration: 523mg/l, standard limit: 400mg/l) and five-day biochemical oxygen demand exceeded the standard (test concentration: 171mg/l, The standard limit: 150mg/L), all of which exceeded the standard by less than 1 time, and the suspended solids at the discharge port of the emergency pool (detection concentration: 286mg/L, standard limit: 200mg/L), chemical oxygen demand (detection concentration: 748mg/L, standard limit: 400mg/L), and five-day biochemical oxygen demand (detection concentration: 175mg/L, standard limit: 150mg/L) all exceeded the standard by less than 1 time.
The above facts are supported by on-site inspection (survey) records, investigation and inquiry records, on-site photos, audio-visual materials, sampling registration forms, test reports, decisions ordering correction of illegal acts (Shanghuan Zhi Gai Zi [2021] No. 3), relevant project environmental impact reports (forms) and approvals, acceptance reports, business licenses and ID card copies and other evidence.
(2) Highlight evidence
The law enforcement officers basically judged that the effluent wastewater was abnormal through the sewage status and smell of the main sewage discharge port at the scene, and took pictures and videos to collect evidence on the current situation of the company's effluent wastewater for the first time, and notified the person in charge of the company and the operation and maintenance personnel to arrive at the scene at the first time. The on-site inspection (survey) records and investigation and interrogation records are detailed and accurate, and the inquiries are rigorous. In this case, a total of 2 on-site inspection (investigation) records and 3 investigation and interrogation records were formed, and the records in each on-site inspection (investigation) record and investigation and interrogation record were relatively detailed. In particular, in the investigation and interrogation records, the law enforcement officers conducted rigorous inquiries based on the illegal acts of privately connecting hidden pipes and using well water as or diluting test samples found at the scene, and found that they were suspected of exceeding the standard discharge of sewage and immediately entrusted a third-party monitoring company to conduct sampling and testing, and the whole process of photography and video played an important supporting role in the determination of the illegal facts of the factory.
3. Governing Law
(1) The application of ordinary administrative punishments.
The large-scale farm discharges water pollutants in excess of the standard, violating Article 10 of the Water Pollution Prevention and Control Law of the People's Republic of China, which states that "the discharge of water pollutants shall not exceed the water pollution discharge standards stipulated by the state or local government and the total discharge control indicators of key water pollutants." ". Through the analysis of online monitoring and data of the large-scale farm in September 2021, the average daily flow of water pollutants discharged by the large-scale farm from September 1 to September 16 was 290.8 tons, between 200-500 tons, and the concentration of the detection factor suspended solids, chemical oxygen demand, and five-day biochemical oxygen demand exceeded the standard by less than 1 time, and the Shangyou Ecological Environment Bureau of Ganzhou City in accordance with Article 28 of the Administrative Punishment Law of the People's Republic of China and the Water Pollution Prevention and Control Law of the People's Republic of China The provisions of Article 83, Paragraph 1 (2) and the "Jiangxi Provincial Environmental Protection Administrative Punishment Discretion Refinement Standard" (Ganhuan Fa Zi [2017] No. 15) refines Article 83, Paragraph 1 (2) of the "Water Pollution Prevention and Control Law of the People's Republic of China": 2. If the daily wastewater discharge is 200-500 tons: (1) If the concentration exceeds the national or local regulations and the concentration exceeds the standard by less than 1 time or the total amount exceeds the standard by less than 5%, a fine of 200,000-250,000 yuan shall be imposed. If there are two of the above circumstances at the same time, a fine of 350,000 yuan shall be imposed. The Shangyou Ecological Environment Bureau of Ganzhou City imposed a fine of 250,000 yuan on the large-scale farm for discharging water pollutants beyond the standard.
(2) The application of law to transfer environmental pollution crimes to the public security.
The large-scale farm affected the data of the online monitoring equipment by using well water as a test sample or diluting the test sample, which was suspected of interfering with the sampling, resulting in serious distortion of the monitoring data. According to Article 286 of the Criminal Law of the People's Republic of China and Article 10 of the Interpretation of the Supreme People's Court and the Supreme People's Court on Several Issues Concerning the Application of Law in the Handling of Criminal Cases of Environmental Pollution, the large-scale farm interfered with sampling, resulting in serious distortion of monitoring data, which has violated the Criminal Law of the People's Republic of China and should be punished as the crime of destroying computer information systems. In accordance with Article 5 of the Measures for the Convergence of Environmental Protection Administrative Law Enforcement and Criminal Justice and Article 27 of the Administrative Punishment Law, the Shangyou Ecological Environment Bureau of Ganzhou City transferred the case to the Shangyou County Public Security Bureau.
Fourth, law enforcement highlights
(1) The facts of the violation are clearly ascertained.
In this case, through on-site inspection (investigation) records, investigation and interrogation records, on-site law enforcement photos and videos, test reports, online data and other evidence, it was determined that the scale of the farm interfered with sampling, resulting in serious distortion of monitoring data, and excessive discharge of water pollutants. Through the EIA, approval and acceptance data, it proves that the company's effluent discharge is subject to the discharge standard requirements. The evidence collected in this case is very full and detailed, and a complete chain of evidence can be formed between the evidence.
(2) The discretion of administrative punishments is reasonable.
The case review committee of the Shangyou Ecological Environment Bureau of Ganzhou City conducted a full investigation and discussion on the company, pointing out that the company's environmental awareness is not strong, the level of environmental management is not high, and there are small horse-drawn carts in sewage treatment facilities. According to the notice of the Jiangxi Provincial Environmental Protection Department on printing and distributing the newly revised "Jiangxi Provincial Environmental Protection Administrative Punishment Discretion Refinement Standards" (Ganhuan Fa Zi [2017] No. 15), the discretionary process is explained in detail.
(3) Norms for law enforcement procedures.
In this case, the law enforcement certificate of the administrative law enforcement personnel was provided, which proved the legitimacy of the law enforcement entity. In the course of specific law enforcement, law enforcement personnel are to strictly follow the legal procedures to file a case, investigate and collect evidence, order corrections, and be notified of hearings. In the process of law enforcement, the legitimate rights of the parties can be fully protected, and every link is legal, standardized and rigorous.
V. Case Enlightenment
The environmental crime case handled by the Shangyou Ecological Environment Bureau of Ganzhou City has reference significance for the environmental supervision of large-scale farms and the investigation and handling of illegal sewage discharge. Most of the large-scale farms are not strong in environmental awareness, the level of environmental management is not high, and the phenomenon of small horses and carts is common in sewage treatment facilities. After the ecological environment department discovers clues of such environmental crime cases, it should promptly fix the evidence of the illegal facts and facts of the enterprise's serious environmental pollution, report to the county procuratorate and the county public security bureau as soon as possible in accordance with the "Measures for the Convergence of Environmental Protection Administrative Law Enforcement and Criminal Justice", and hand over to the public security department for intervention and handling, so as to form a joint force to crack down on relevant illegal and criminal acts, and at the same time increase publicity on the case to effectively deter environmental offenders.