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Kunming Ecological Environment Bureau Airport Branch No Administrative Penalty Decision No. 8 [2022]

PublishDate:2022-11-24 09:00Source: Airport Branch of Kunming Ecological Environment Bureau

Party: Kunming Jingkai District Ala Xianglong Furniture Factory

unified Social Credit Code: 9253100MA6KDJFQ77

legal Representative: Tu Jinxiang

domicile: Qingshui Village, Ala Street, Jingkai District, Kunming, Yunnan Province (beside Shanshui Driving School)

project Address: Heibo Village, Dabanqiao Street, Kunming City, Yunnan Province (beside Handa Container Factory)

The case of your party's violation of the air pollution prevention and control management system has been investigated by the Airport Brigade of the Kunming Ecological Environmental Protection Comprehensive Administrative Law Enforcement Detachment and has now been reviewed.

1. illegal facts and evidence

our bureau conducted an investigation into your unit on September 28, 2022 and found that your party had committed the following environmental violations:

the parties concerned carried out painting operations in an unsealed painting room and did not install or use pollution prevention and control facilities.

There are 1, "on-site inspection transcript"; 2, "investigation inquiry transcript"; 3, on-site inspection photos; 4, the party's business license copy; 5, the legal representative's ID card copy; and other evidence.

The above behavior of your party violates Article 45 of the the People's Republic of China Air Pollution Prevention and Control Law: "Production and service activities that produce waste gas containing volatile organic compounds shall be carried out in confined spaces or equipment, and pollution prevention and control shall be installed and used in accordance with regulations. Facilities; if it cannot be sealed, measures shall be taken to reduce exhaust emissions." On October 31, 2022, our bureau informed you of the facts of the violation of the law, the basis of the punishment and the proposed administrative punishment, informed you that the party has the right to make a statement, a hearing, and served a corrective decision on your party. Your party submitted a "statement of defense" within the legal time limit, and has completed the rectification in time according to the instructions of the "decision to order correction of illegal acts" issued by our bureau. Now the production equipment has been dismantled and emptied.

The above facts are based on our bureau's "Notice of Administrative Punishment in Advance" (Kun Sheng Huan Kong Punishment Report [2022] No. 8), "Notice of Administrative Punishment Hearing" (Kun Sheng Huan Kong Hearing Report [2022] No. 8), "Decision on Ordering Correction of Illegal Acts" (Kun Sheng Huan Kong Responsibility Reform [2022] No. 8), and "Service Return Certificate" on October 31, 2022.

Basis and Types of 2. Administrative Penalties

according to Item (II) of Article 57 of the "the People's Republic of China Administrative Punishment Law", "After the investigation is completed, the person in charge of the administrative agency shall review the results of the investigation and make the following decisions according to different circumstances: (II) the illegal act is minor, administrative penalties may not be imposed according to law.", Article 51, Item (II) of the Measures for Environmental Administrative Penalties: "[Punishment Decision] The person in charge of this organ shall, after review, make the following treatments: (II) the illegal act is minor and may not be subject to administrative punishment according to law, no administrative punishment shall be imposed;" and "Kunming City Ecological Environment Administrative Penalty Discretionary Rules and Benchmark Provisions" (2021 Edition) Article 14 (14): "Any of the following circumstances may be exempted from punishment: (14) Other illegal acts are minor and corrected in time without causing harmful consequences." The provisions of our bureau case review committee collective discussion, the adoption of your party statement defense request, exempt from punishment.

According to the above provisions, our bureau made the following decision to your client: no administrative punishment.

The means and time limit for 3. to apply for administrative reconsideration or bring an administrative lawsuit.

If your party is not satisfied with this decision, he may apply to the Kunming Airport Economic Zone Management Committee of Yunnan Province for administrative reconsideration within 60 days from the date of receipt of this decision, or he may file an administrative lawsuit with Kunming Railway Transportation Court within six months from the date of receipt of this decision.

Airport Branch of Kunming Ecological Environment Bureau

16 November 2022

kunming Ecological Environment Bureau Airport Branch Tel: 0871-67331751