Case 1: false environmental monitoring data of a third-party monitoring organization in Chongqing

In accordance with the spirit of the notice on strengthening the supervision and management of ecological environment monitoring institutions issued by the Ministry of ecological environment and the General Administration of market supervision, Chongqing Municipal Bureau of ecological environment and Chongqing Municipal Bureau of market supervision jointly carried out the supervision, inspection and capacity verification of ecological environment monitoring institutions, and according to the judgment and handling measures for falsification of environmental monitoring data issued by the former Ministry of environmental protection 》According to the on-site inspection, the inspection team found that some of the original monitoring data records of an environmental protection company in Chongqing were suspected of fraud. Therefore, Chongqing Ecological Environment Bureau assigned Chongqing environmental administrative law enforcement team to investigate and deal with the case.

In March 2019, Chongqing environmental administrative law enforcement corps, together with relevant departments of the municipal ecological environment bureau, environmental administrative law enforcement detachment of Nan'an District and environmental security corps of the Municipal Public Security Bureau jointly investigated the company. It was found that the company was entrusted by a county water authority to sample and monitor the wastewater discharged from 26 local sewage treatment plants on May 22 and 23, 2018. According to the monitoring report and its original file records, relevant sampling, sampling and analysis personnel's statements and the records of their rented vehicles and expressways, the company's relevant monitoring behaviors and two monitoring reports issued, there are cases of forgery of monitoring time and monitoring data, which constitute an illegal act of falsification of environmental monitoring data, in violation of Chongqing environmental protection regulations Article 46 the first paragraph of the provisions of "environmental impact assessment institutions, environmental monitoring institutions and institutions engaged in the maintenance and operation of environmental monitoring equipment and pollution prevention and control facilities shall not practice fraud in relevant environmental service activities". After collective deliberation, according to Article 107 of Chongqing regulations on environmental protection, Chongqing environmental administrative law enforcement team will impose an administrative penalty of 150000 yuan on them, and "double penalty" on their main principals, and 30000 yuan on them. In addition, Chongqing ecological environment bureau also informed the market supervision department responsible for its qualification management of the company's illegal situation.

Case 2: case of tampering and forgery of monitoring data by a cardboard factory of a company in Xichang City, Sichuan Province

In March 2019, the video surveillance staff of Sichuan environmental monitoring law enforcement bureau retrieved a video of a board factory in Xichang, Liangshan. It was discovered that since March 1st, the factory has discharged a lot of foam at night. However, automatic monitoring data show that the COD value fluctuates slightly between 45mg/L-50mg/L and ammonia nitrogen is constant 2.5mg/L. According to the analysis, the enterprise is suspected of illegally discharging high concentration wastewater at night and falsifying the automatic monitoring data. At about 20:00 on March 13, 2019, law enforcement personnel carried out targeted night raids on the plant, and found that the sampling hose of the automatic monitoring equipment for COD, ammonia nitrogen and total nitrogen at the main outlet of the plant was inserted into the artificially placed plastic bottle, interfering with the normal sampling of the instrument. At the same time, there is also the behavior of injecting clear water into the sedimentation tank to dilute the discharged wastewater. According to the sampling and monitoring of the effluent from the main outlet, the COD of the wastewater discharged from the plant exceeds the standard by 6.52 times, which is suspected of exceeding the standard.

After further investigation, the implementer of tampering and forgery of monitoring data in this case is the operation and maintenance personnel of the operation and maintenance unit of automatic monitoring equipment, who carefully disguised the substitute sample, filled the substitute sample with reagent bottle and pasted the reagent label, which is consistent with the normal equipment in appearance and data, and the forgery technique is hidden, so it is difficult to investigate and deal with. Sichuan Provincial Department of ecological environment imposed a fine of 800000 yuan on the enterprise and transferred the case to the public security organ. At present, the investigation of the case has ended, and the procuratorial organ intends to prosecute the company's environmental protection technical management personnel and the personnel of the automatic monitoring equipment operation and maintenance company.

Case 3: an environmental protection technology company in Jiangsu Province illegally dumping waste acid into the xilicoao river of Changzhou to pollute the environment

Since October 2018, there have been 11 abnormal fluctuations in total phosphorus indexes of Zhongxi bridge of Wuyi canal, FENZHUANG bridge of xilicoao River, Dongjian bridge, Caoqiao hecao bridge, baidu port and other sections in Changzhou City, Jiangsu Province. Changzhou Municipal Bureau of ecological environment immediately organized law enforcement, monitoring personnel and towns along the line, set up a number of investigation groups, and within 500m along the relevant river course, used UAV air patrol, boats and boats on water investigation and "water, land and air" along the land investigation in parallel, day and night combination to carry out all-round, three-dimensional network investigation, and repeatedly analyzed and researched with the public security, water conservancy and maritime departments Judge and take joint prevention and control measures. The ecological environment law enforcement personnel "wall map operation", using UAV to shoot the whole process of 500m along xilicao River and its two sides, obtain the water quality imaging data of relevant sewage outlets, tributaries, tributaries and rivers, and accurately prepare the river system and pollutant distribution map. The UAV has taken off more than 80 sorties, taken 5200 aerial photos and produced images covering an area of 15 square kilometers. At the same time, law enforcement personnel were divided into 9 groups to conduct a comprehensive screening of all sewage treatment units, tributaries, tributaries, ponds and rural domestic sewage treatment facilities within 500m along the Wuyi canal, xilicoao River and Beijing Hangzhou Grand Canal. 96 tributaries and 268 units along the line were screened. Changzhou environmental monitoring agency has densely arranged points for manual monitoring, collecting more than 1260 samples, continuously and repeatedly sampling the main tributaries, tributaries and sections, moving the testing equipment and instruments to the site, setting up a temporary laboratory, so as to achieve instant measurement. Four new total phosphorus water quality automatic monitoring systems were built in xilicoohe Tianjing bridge, Jiangzhuang bridge, Huadu bridge and xiyangshu bridge

Case 4: trans regional illegal transfer and dumping of hazardous wastes by Zhang and others in Lin'an District, Hangzhou City, Zhejiang Province

At about 17:00 on January 30, 2019, Lin'an branch of Hangzhou Ecological Environment Bureau received a notice from the "110" emergency linkage command center of the public security, and a large number of paint barrels were found suspected to have been stolen near Yaguan village, Qingshanhu street, Lin'an district. After receiving the report, the law enforcement personnel of Lin'an sub Bureau rushed to the scene immediately, launched the linkage mechanism of "ecological environment + public security law" as soon as possible, and the public security organ quickly intervened to investigate, collect evidence and analyze with the ecological environment department at the same time. In view of the complexity of the case and the cross regional law enforcement and evidence collection issues, Lin'an branch organized a joint meeting of "ecological environment + public security law", which decided that the ecological environment department should carry out preliminary investigation and emergency disposal, identify the hazardous wastes involved in the case and provide relevant technical support. The public security organ takes such technical means as on-site monitoring video to lock the enterprises and personnel involved in the case, and cooperates with the ecological environment department to summon relevant personnel involved in the case. The procuratorial organ has carefully studied the case, approved the arrest and prosecution in a timely manner in line with the conditions for arrest and prosecution, improved the efficiency of handling the case, and laid a good foundation for the smooth handling of the case.

Through investigation, the person in charge of a packaging products Co., Ltd. in Hangzhou, located in Yuhang District, Hangzhou City, still entrusted Zhang with the disposal of hazardous wastes such as waste paint barrels, waste rags, waste paint slag, etc. generated by the company for many times even though he knew that Zhang had no hazardous waste disposal qualification. Zhang Gang, together with some party members, shipped the received hazardous waste to Lin'an District of Hangzhou city for dumping and profited from it. According to the list of national hazardous wastes and the environmental assessment and approval data of a packaging product Co., Ltd. in Hangzhou, Lin'an branch determined that the waste paint barrel and waste paint residue involved in the case were hazardous wastes. At the same time, a third-party testing agency is entrusted to sample and test the soil polluted by waste oil and paint residue. The results show that the characteristic factors in the polluted soil exceed the standard, and the dumping belongs to hazardous waste. After weighing, hazardous waste and contaminated soil involved in the case totaled over 34 tons. Lin'an branch of Hangzhou Ecological Environment Bureau transferred the case to the public security organ. At present, seven parties have been arrested according to law.

Case 5: environmental pollution at a local oil refining and processing point in Neikeng Town, Jinjiang City, Quanzhou City, Fujian Province

On September 5, 2018, the Neikeng squadron of the environmental protection administrative law enforcement team of Jinjiang City, Fujian Province received a tip off. Someone in Jiatang village, Neikeng town opened a local oil refining processing point on the mountain. The law enforcement personnel immediately carried out investigation and found a building in the forest shelter, with heating furnace, oil storage tank and other facilities inside the enclosure. The law enforcement personnel immediately contacted the environmental monitoring station of Jinjiang City for sampling and monitoring, and started the Department linkage mechanism. The investigation was conducted jointly by the police station of Neikeng of Jinjiang City Public Security Bureau.

Quanzhou Jinjiang Ecological Environment Bureau transferred relevant evidence to Jinjiang Public Security Bureau for investigation according to law, and found out the fact that Chen was suspected of environmental pollution crime. According to the investigation of the case and the conclusion of the appraisal and evaluation of the damage to the ecological environment, the procuratorate of Jinjiang City filed a criminal incidental civil public interest litigation with the court of Jinjiang City according to law. On October 29, 2019, the first trial of the case was pronounced. Chen Mou, the defendant, was sentenced to one year's imprisonment for the crime of environmental pollution, with a fine of 50000 yuan and compensation of 3.1066 million yuan for ecological environmental damage.

Case 6: case of sewage treatment plant exceeding the standard in Minqin County, Wuwei City, Gansu Province

In the afternoon of December 18, 2018, when law enforcement personnel of Minqin branch of Wuwei City Ecological Environment Bureau inspected a sewage treatment plant of a unit in Minqin County, they found that during December 7-18, 2018, the daily average value of ammonia nitrogen and total nitrogen concentration in the total outlet exceeded the class I B discharge standard (2 indexes) in table I of discharge standard for pollutants of urban sewage treatment plant by reviewing the online monitoring data of the total outlet of the plant They all exceeded the standard for 12 days in a row), so they decided to file a case for investigation. On the same day, a decision on ordering the unit to correct illegal acts was issued. In the process of handling the case, the law enforcement personnel input the relevant illegal situation into the discretionary decision-making system of environmental administrative punishment in Gansu Province, and through the system calculation, the fine amount is 397100 yuan. On January 3, 2019, the Minqin branch of Wuwei City Ecological Environment Bureau found that there was still excessive discharge of ammonia nitrogen, total nitrogen and other water pollutants at the plant's main outlet, and decided to impose a daily continuous punishment, with a total fine of 6.3536 million yuan. After making the decision of administrative punishment, Minqin branch of Wuwei Ecological Environment Bureau actively assisted the plant to seriously find out the reasons for exceeding the standard, urge its rectification, ensure the normal operation of sewage treatment facilities, and achieve the standard discharge. Minqin branch of Wuwei City Ecological Environment Bureau learned that the second phase reconstruction and expansion project of the sewage treatment plant of the unit is under implementation, so it is really difficult to pay the fine immediately. According to the relevant provisions of the administrative punishment law of the people's Republic of China and the measures for environmental administrative punishment, the unit agreed to postpone the payment of the fine, and delivered the notice of agreeing to postpone the payment of the fine to the unit. On February 22, 2019, the unit fulfilled the decision of administrative penalty according to law and paid all fines in full.

Source: China Environmental News