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Interpretation of typical cases of hazardous waste environmental crimes in 2023
Release time:
2023-11-28 13:55
Recently, the Ministry of Ecology and Environment announced 7 typical cases of cracking down on hazardous waste environmental crimes. These typical cases focus on the common characteristics of hazardous waste environmental crimes, taking common and frequent areas and links as the starting point. Some cases involve illegal disposal and dumping across provinces. There are a large number of enterprises and personnel involved, and the amount of hazardous waste involved is huge. Some cases use new technologies and new means to quickly investigate and lock in the main body of illegal crimes.
"2303" Cross-provincial Illegal Disposal of Electronic Waste in Fujian Province in 1.
brief case]
From May to November 2022, Fujian Province investigated and dealt with a series of illegal e-waste incineration cases in Longyan Xinluo, Yongding, Zhangping, Sanming Yong'an and other places in the process of cross-regional law enforcement inspection of "clear water and blue sky". The local ecological environment departments respectively transferred the cases to the local public security organs. After analyzing the above-mentioned cases in series and parallel, it is found that they are all related to each other. The cases involve the acquisition and export of e-waste, incineration and disposal, and the recycling and sales of refined products. The network covers Fujian, Guangdong and other provinces, and is a group and series of cases. In order to crack down on the source of violations, destroy illegal networks, and block illegal chains, the Fujian Provincial Department of Ecology and Environment (hereinafter referred to as the "Provincial Department of Ecology and Environment") was promoted and transferred to the Fujian Provincial Public Security Department (hereinafter referred to as the "Provincial Public Security Department" ") for further investigation.
In March 2023, the Provincial Department of Ecology and Environment and the Provincial Public Security Department discussed and listed the results of the series and parallel as clues for provincial supervision, and established a joint task force (code-named "2303"), with the leader of the department in charge as the team leader, and continued to dig deep into the illegal chain Network, find out the personnel situation, organizational structure and criminal dens of criminal gangs. From July 26th to 27th, the Provincial Department of Ecology and Environment and the Provincial Public Security Department were in 5 cities and 8 counties in Fujian and Guangdong provinces (Xinluo, Yongding, Zhangping, Longyan, Fujian, Luoyuan, Fuzhou, Nanhai, Foshan, Guangdong, Chaoyang, Chaonan, Shantou, Heyuan Yuan City) Synchronously closed the net, and finally successfully destroyed a criminal gang that burned electronic waste to pollute the environment in Fujian and Guangdong provinces. The gang has a large number of criminals, a clear division of labor, a wide range of points, hidden crimes, and bad circumstances. It is the largest case of environmental pollution by hazardous waste in Fujian Province in recent years.
Investigate and deal with the situation]
The "2303" project is a typical cross-provincial environmental pollution case involving complicated clues inside and outside the province. The Provincial Department of Ecology and Environment and the Provincial Public Security Department set up a joint task force. With the strong support and coordination of the Guangdong Provincial Department of Ecology and Environment and the Public Security Department, A total of 64 criminal suspects were arrested before and after, destroying 2 upstream electronic waste companies, 2 downstream illegal hazardous waste disposal companies, and 4 storage sites (all in Guangdong), there were 12 illegal incineration sites for electronic waste (all in Fujian), more than 5000 tons of finished electronic waste and hazardous waste products and more than 120 tons of finished metal ingots were seized, 6 vehicles involved, 161 books and 500 bank cards were seized, more than 130 million yuan of funds involved were frozen, 230000 yuan of cash was seized, and 0.18 billion yuan of funds involved were initially verified.
According to Article 338 of the the People's Republic of China Criminal Law and the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases of Environmental Pollution (Fa Shi [2016] No. 29), the ecological and environmental departments of Longyan Xinluo, Yongding, Zhangping, Sanming Yong'an, Fuzhou Luoyuan, Putian Xianyou and other places in Fujian Province transferred the relevant cases to the local public security organs, and local public security organs for investigation. As of mid-October 2023, a total of 64 criminal suspects have been arrested in the "2303" project, and 5 criminal suspects have been sentenced to fixed-term imprisonment ranging from six months to one year, and another 19 criminal suspects have been transferred. Prosecutors review and prosecute. The case is currently under further investigation.
enlightenment significance]
Cross-provincial illegal disposal of hazardous waste by Wu Moumou and others in Huzhou City, Zhejiang Province, 2.
brief case]
On February 16, 2023, the Ecological Joint Service Police Station of Lianshi Town, Nanxun District, Huzhou City organized ecological environment law enforcement officers and ecological sheriff to carry out a joint inspection of Huolin Village in the jurisdiction, and found that there was black smoke and pungent smell in a wall. Abnormal situation. After investigation, there is a disposal site for scrap iron drums. The site contains an enlarged amount of scrap iron drums and cut and flattened iron sheet, and the site is covered with oil. Nanxun Branch of Huzhou Ecological Environment Bureau (hereinafter referred to as "Nanxun Branch") immediately investigated the scene. Law enforcement personnel inquired the person in charge of the scene and collected evidence on the scene. More than 100 tons of various waste iron barrels involved in the case were seized. It was preliminarily judged that the above-mentioned waste iron barrels might be waste packaging (waste type HW08) contaminated with waste mineral oil. Nanxun Branch immediately transferred the case to Nanxun District Public Security Bureau. That night, Nanxun Branch and Nanxun District Public Security Branch immediately organized capable forces to squat on the processing site. Through inspection and monitoring, a truck illegally transporting hazardous waste was seized and the source of the iron barrel involved was locked.
In order to dig deep into the criminal network, the ecological environment department has fully strengthened the communication and docking with the public security organs and the judicial departments. In view of the nature of the criminal suspect's behavior and the consequences of the implementation, it has carried out evidence and case consultation with the public security organs for five times, and organized special discussions with the procuratorial organs for three times, so as to provide direction for the crackdown work. The public security organs give full play to the advantages of "big data" technical investigation, sort out the overall criminal network structure and capital situation of the persons involved in the case in the first place, and trace the whole black and gray industry chain including acquisition, transportation, cutting, sales and other links, so as to provide support for the smooth closing of the case. After many investigations and judgments, the case finally locked 15 hazardous waste generation units and illegal disposal intermediaries, and then identified 20 upstream enterprises involved in the case.
After investigation, from March 2022 to February 2023, illegal disposal middlemen headed by Wu Moumou illegally purchased scrap iron drums (waste type: HW08, waste code: 900-249-08) containing resin, caustic soda, paint and other raw materials from several source enterprises outside the province through Zhao Mou and other scrap iron drum dealers without obtaining a hazardous waste business license, and transported them to the processing dens of Hualin Village, Xun District, Huzhou City, more than 900 tons of hazardous waste were illegally disposed of and sold in the form of "crushing-dismantling-flattening-packing", and the disposed iron sheet was sold to Shandong, Jiangsu and other places. No anti-seepage and protective measures were taken in the whole processing process, so that the waste oil containing benzene, toluene, petroleum hydrocarbons and other toxic and harmful components caused serious pollution to the surrounding soil. At present, the public security organs have transferred 31 people to the procuratorial organs in four batches, and some clues are still under further investigation.
Investigate and deal with the situation]
According to Article 338 of the the People's Republic of China Criminal Law and the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Environmental Pollution (Fa Shi [2016] No. 29), Article 1, Item 2 The illegal disposal of hazardous waste by Wu Moumou and others is suspected of environmental pollution.
On February 16, 2023, Nanxun Branch of Huzhou Ecological Environment Bureau transferred the case to Nanxun Branch of Huzhou Public Security Bureau, and the public security organ filed and investigated the case on the same day. Since June 29, 2023, the public security organs have transferred 31 people to the procuratorial organs in four batches, and 47 people have taken criminal compulsory measures, and the amount involved has reached more than 300 million yuan. On September 28, the People's Procuratorate of Nanxun District, Huzhou City filed a public prosecution with the People's Court of Nantaihu New District, Huzhou, and the rest are under review and prosecution.
enlightenment significance]
Ecological and environmental departments and public security organs effectively give full play to their respective advantages, timely joint service linkage, adhere to the principle of "hitting the source, end dens, destroying the network, breaking the chain and chasing the flow direction", take "illegal processing of waste oil barrels" as the starting point, and connect the waste barrels flowing out of enterprises, purchasing hawkers, transportation drivers, processing operations and other criminal links through tracking and discharging on foot, the "gray interest chain" and "hidden rules of the industry" for the disposal of hazardous scrap barrels were uncovered, and the black industrial chain was cut off in one fell swoop. In the later period, the staff of the ecological joint service police station carried out special investigation work in the field of illegal disposal of waste iron barrels, and once again cracked two cases of illegal disposal of waste iron barrels polluting the environment, effectively extending the tentacles of grass-roots problems.
How to determine whether a waste is hazardous waste?
First, by finding the latest national hazardous waste list, according to the actual production process and production process description, to determine whether it belongs to the list of hazardous waste.
Second, if there is no corresponding waste code in the list or it is inconsistent with the description of the generation link, the identification and identification of hazardous characteristics shall be carried out according to the hazardous characteristics (such as toxicity, reactivity, corrosiveness, flammability, etc.) appearing in its performance, and in accordance with the General Principles of Hazardous Waste Identification Standards (GB5085.7) and relevant identification standards.
You can also contact Xinanrun Consulting to assist in judgment.
Difference between hazardous chemicals and hazardous wastes
Article 3 of the Regulations on the Safety Management of Hazardous Chemicals defines that the term "hazardous chemicals" as mentioned in these Regulations refers to highly toxic chemicals that are toxic, corrosive, explosive, burning, combustion-supporting, etc., and are harmful to the human body, facilities, and the environment. And other chemicals.
Hazardous chemicals have explosive, flammable, toxic, corrosive, radioactive and other hazardous characteristics, and relevant procedures must be performed before disposal.
From hazardous chemicals → waste hazardous chemicals → hazardous waste is divided into 2 links and 4 steps:
Link 1: Hazardous Chemicals → Waste Hazardous Chemicals
Step 1 If hazardous chemicals are to be discarded and disposed of, the unit that produces and stores hazardous chemicals shall report the disposal plan to the work safety supervision and administration department, the competent department of industry and information technology, the competent department of environmental protection and the public security organ at the county level for the record.
Step 2 The enterprise pretreats the hazardous chemicals that are explosive, flammable and discharge toxic gases at normal temperature and pressure, and stores them after stabilization. Otherwise, according to the explosive, flammable dangerous goods storage.
Link 2: Waste hazardous chemicals → hazardous waste
Step 3 Units that produce and store waste hazardous chemicals, if the waste hazardous chemicals can be stored stably after pretreatment, formulate a hazardous waste management plan and report to the ecological environment department for the record.
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