On July 1, 2020, law enforcement officers from the Jiaxing Municipal Ecological Environment Bureau conducted an on-site law enforcement inspection of a company in Haining City. The company is mainly engaged in the processing and production of textiles such as styling, washing, lamination, printing, and hot stamping.
After law enforcement officers conducted an on-site inventory of the production equipment in the entire factory, it was discovered that the company had added new compound machines, Production equipment such as hot stamping machines, printing machines, dryers, and dehydrators have far exceeded the number of equipment approved by the original environmental assessment. The production process mainly produces waste water and waste gas. The waste water enters the sewage station for treatment and is discharged. The waste gas has been equipped with corresponding waste gas treatment facilities. The company failed to provide corresponding approval procedures, and the project started construction without environmental protection approval; and the company failed to provide corresponding environmental protection acceptance procedures, and the project was put into production without implementing the “Three Simultaneities” system.
Investigation and Punishment
1. Regarding the act of starting construction without environmental protection approval, according to the ” In accordance with the provisions of Article 61 of the Environmental Protection Law of the People’s Republic of China and Paragraph 1 of Article 31 of the Environmental Impact Assessment Law of the People’s Republic of China, combined with the discretionary basis, our Bureau made the following administrative decision on the company (Jiahuan (Hai) Punishment Zi [2020] No. 125):
❶ Order new projects to stop construction;
❷ Fine RMB 10 Lu Wanjiuqian Yuan.
2. Regarding violations of the “Three Simultaneities” system, according to Article 20 of the “Construction Project Environmental Protection Management Regulations” According to the provisions of paragraph 1 of Article 3, our Bureau ordered the company to correct environmental violations within 6 months and imposed the following administrative penalties (Jiahuan (Hai) Penalty Zi [2020] No. 126): a fine of RMB 6.18 million all.
3. At the same time, the company’s executives were fined RMB 1.4 million (Jiahuan (Hai) Penalty Zi [2020] No. 127) .
Textile printing and dyeing enterprises can learn from
1 , Article 23, Paragraph 1 of the “Regulations on the Management of Environmental Protection for Construction Projects” stipulates: “In violation of the provisions of these regulations, the construction project will be put into production or use before the environmental protection facilities that need to be constructed have not been completed, have not been inspected and accepted, or have not passed the inspection and acceptance. , or who commits fraud during the inspection and acceptance of environmental protection facilities, the environmental protection administrative department at or above the county level shall order him to make corrections within a time limit and impose a fine of not less than 200,000 yuan but not more than 1 million yuan; if he fails to make corrections within the time limit, he shall be fined not less than 1 million yuan but not more than 2 million yuan. A fine of not less than RMB 50,000 but not more than RMB 200,000 shall be imposed on the directly responsible person in charge and other responsible personnel; those who cause major environmental pollution or ecological damage shall be ordered to stop production or use, or report to the people’s government with the power to approve Approved and ordered to close.”
2. Clarify the main responsibility and legal status of the “Three Simultaneities” acceptance. On October 1, 2017, the new “Construction Project Environmental Protection Management Regulations” were revised and implemented, and “independent acceptance” was proposed for the first time. The “Regulations” stipulate that the acceptance subject is transferred from the environmental protection department to the construction unit, and the construction unit must strictly implement various environmental protection management measures. The environmental protection department conducts all-round supervision before, during and after the incident. At the same time, the “Regulations” further clarifies the legal status of acceptance inspection. Only environmental protection facilities supporting construction projects that have passed the acceptance inspection can be put into production or use; those that have not been accepted or failed to pass the acceptance inspection must not be put into production or use. Otherwise, you will bear corresponding legal liability. The main body of daily business activities is the enterprise itself, but as managers with decision-making power, they also bear unshirkable responsibilities. This also puts forward higher standards for corporate environmental management.
3. In the next step, the enterprise should first stop construction immediately. If the order is not implemented, our bureau will transfer it to the public security bureau in accordance with the provisions of Article 3 of the “Interim Measures for the Transfer of Environmental Violation Cases Applicable to Administrative Detention by Administrative Departments” The agency will deal with it; secondly, go through the environmental impact assessment approval procedures for the project, and at the same time build supporting pollutant treatment facilities as required; finally, strictly implement the “three simultaneous” system and complete the acceptance of the construction project within the restricted period, otherwise it will face 1 million A fine of not less than RMB 2 million but not more than RMB 2 million is imposed. </p
