The company was fined 120,000 yuan for illegally dumping 98 tons of waste oil sludge and 8 people were sentenced separately

2022-05-04 0 By

On February 18, the Yinchuan Railway Transport Court issued a public verdict on environmental pollution for illegally dumping 98 tons of waste oil sludge.The defendant unit ningxia a company was sentenced to a fine of 120,000 yuan, the main culprit Li Mou, Zhang Mou a was sentenced to fixed-term imprisonment of 2 years, 1 year 10 months, and fined 20,000 yuan;The other six accomplices received suspended jail terms ranging from 18 months to nine months and fines ranging from 20,000 yuan to 5,000 yuan.At the same time, the court issued a “restraining order” on the six accomplices who were subject to probation, prohibiting them from engaging in business activities related to the disposal of hazardous waste during the probation period.This is the first case applying “injunction” after yinchuan Railway Transport Court centralized jurisdiction over environmental resource cases.After the trial, it was found that the defendant company in Ningxia was an energy and chemical enterprise, and the waste oil generated during the production and operation of the company was hazardous waste.Li mou is the deputy general manager of the company, on May 30, 2021, Li mou signed on behalf of the company and Zhang mou a “storage tank lease agreement”, agreed zhang Mou a lease a company in Ningxia oil tank 1, and responsible for cleaning up the oil tank sediment.After zhang a has contacted Guo, Wang, Zhang C, Chen and others to help transport and dump out of the sludge.June 1 to 2, 2021, under the leadership of zhang a and Zhang b, Guo, Xie, Wang, Zhang C, Chen driving dangerous goods vehicles to lingwu City Ma Jiatan town rural households sheep village two east side 300 meters dumped a total of 98 tons of mud.The remaining 43.54 tons of sludge were not dumped because they were mistaken for police cars.After appraisal, the sludge dumped belongs to dangerous waste.After the incident, ningxia a company, Li mou were responsible for dangerous waste emergency disposal costs of 200,000 yuan and 120,000 yuan.Court believes that a certain company, li mou in ningxia, in violation of the provisions of the state on hazardous waste management, hazardous waste sludge to zhang jia illegal disposal without disposal qualification, zhang and instigate or hire zhang b, with a common transportation and illegal dumping of hazardous waste, serious environmental pollution, its behavior all make crime of polluting the environment.In the joint crime, Li Mou, Zhang Mou a is the main culprit, Zhang Mou b, Guo mou and other 6 people as accomplices.The above judgment is made after considering the statutory and discretionary circumstances of lenient punishment of the defendant unit and each defendant, such as pleading guilty, surrendering, confessing, and taking the initiative to bear emergency treatment costs and pay ecological restoration costs after the crime.Trial process, the public welfare lawsuit prosecutors yinchuan railway transport procuratorates to yinchuan railway transportation court incidental civil public interest litigation, requires a certain company, zhang, li mou in ningxia, zhang x, with a certain, Xie Mou, wang mou a certain, zhang yi, Chen mutual compensation for the ecological restoration costs more than 60000 yuan, testing to assess costs more than 20000 yuan.After review by the court, it was found that the ecological restoration cost proposed by the plaintiff might not be enough to repair the damaged ecological environment, and it was suggested that the plaintiff jointly organize relevant units to repair the contaminated land in time with the local ecological environment department.Later, according to the advice of the court, the plaintiff of the public interest lawsuit organized relevant units to repair the contaminated land involved, and the actual repair cost was more than 20,000 yuan higher than the prosecution amount of the plaintiff.The plaintiff filed a supplementary lawsuit for the higher amount.After the mediation of the case organizer, the unit of a company in Ningxia, Zhang Jia and others all voluntarily paid the ecological restoration fees, which realized the purpose of the public interest lawsuit plaintiff and withdrew the public interest lawsuit.What is an environmental protection “injunction”?Environmental protection “ban” refers to the perpetrator of environmental pollution, destruction of ecology has a realistic and urgent major risks, not in time to prevent the lawful rights and interests will make others or irreparable damage of ecological environment situation, apply to the people’s court to prohibit the offender environmental pollution and ecological damage behavior of a kind of legal system.The Supreme People’s Court, the Supreme People’s Procuratorate, Ministry of Public Security, justice, ecological environment on handle criminal cases about environmental pollution problems in symposium summary in specific provision, the people’s court sentenced to probation of the defendant, shall generally be declared an injunction at the same time, prohibit its in the probation period is engaged in business activities related to the discharge or disposal of hazardous waste.