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Kunming Ecological Environment Bureau Airport Branch Administrative Penalty Decision Kun Sheng Huan Air Penalty [2022] No. 21

PublishDate:2022-12-19 09:00Source: Airport Branch of Kunming Ecological Environment Bureau

Party: Yunnan Xinqiao New Energy Technology Co., Ltd.

Unified Social Credit Code: 91534001MA6K9A0J84

legal Representative: Sun Shunwu

domicile: Xichong Village, Xichong Community, Dabanqiao Sub-district Office, Kunming City, Yunnan Province

project Address: Dabanqiao Tiansen Wood Industry, Kunming City, Yunnan Province

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 November 24, 2022 and found that your party had committed the following environmental violations:

the dust generated in the production process of your party has not taken measures such as centralized collection and treatment, and has not strictly controlled and reduced dust emissions.

There are 1. On-site inspection (survey) transcripts; 2. Investigation and inquiry transcripts; 3. On-site photo evidence; 4. Copy of the business license of the party concerned; 5. Power of attorney of the legal representative; 6. Copy of the ID card of the legal representative; 7. Copy of the ID card of the entrusted agent; and other evidence.

The above behavior of your party violates Article 48 of the the People's Republic of China Air Pollution Prevention and Control Law: "Steel, building materials, non-ferrous metals, petroleum, chemical, pharmaceutical, mineral mining and other enterprises shall strengthen refined management and adopt centralized collection and treatment. Measures to strictly control the discharge of dust and gaseous pollutants. Industrial production enterprises should take measures such as airtightness, enclosure, covering, cleaning, and sprinkling to reduce the discharge of dust and gaseous pollutants generated by the storage, transmission, and loading and unloading of internal materials." The provisions.

On December 6, 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 and defense" within the statutory time limit, and has completed the rectification in time in accordance with the instructions of the "Decision on Ordering Correction of Illegal Acts" issued by our bureau. Now, centralized collection and treatment measures have been taken for the dust generated in the production process. Strictly control and reduce dust emissions.

The above facts are based on our bureau's "Notice of Administrative Punishment in Advance" (Kun Sheng Huan Kong Punishment Report [2022] No. 21), "Notice of Administrative Punishment Hearing" (Kun Sheng Huan Kong Hearing Report [2022] No. 21), "Decision on Ordering Correction of Illegal Acts" (Kun Sheng Huan Kong Responsibility Reform [2022] No. 21), and "Service Return Certificate" on December 6, 2022.

Basis and Types of 2. Administrative Penalties

according to Item (V) of Article 108 of the "the People's Republic of China Air Pollution Prevention and Control Law": "Anyone who violates the provisions of this law and commits one of the following acts shall be ordered by the ecological environment department of the people's government at or above the county level to make corrections and be fined not less than 20,000 yuan but not more than 200,000 yuan; if he refuses to make corrections, he shall be ordered to stop production for rectification: (V) steel, building materials, non-ferrous metals, petroleum, chemical, pharmaceutical, mineral mining and other enterprises, failure to take measures such as centralized collection and treatment, airtightness, enclosure, covering, cleaning, and watering to control and reduce the emission of dust and gaseous pollutants." According to the provisions of the "Kunming City Ecological Environment Administrative Penalty Discretion Rules and Benchmark Provisions" (2021 Edition), after collective discussion by the Case Review Committee of our bureau, your party's request for statement and defense was adopted, and a lighter penalty was imposed and a fine of 20000.00 yuan was imposed.

According to the above provisions, our bureau made the following decision on your client: a fine of 20,000 yuan (20000.00 yuan).

The Implementation Method and Time Limit of 3. Administrative Penalty Decision

(I) on the performance method and time limit of fines

according to the provisions of the the People's Republic of China Administrative punishment Law and the measures for the implementation of the separation of fine decision and fine collection, your party shall, within 15 days from the date of receiving this penalty decision, pay the fine to the treasury of Kunming Airport Economic Zone in Yunnan Province with the "receipt of non tax income collection of Yunnan Province (bank collection)" issued by our bureau.

After your client has paid the fine, he shall submit a copy of the payment voucher to our bureau for the record. If the fine is not paid within the time limit, our bureau will impose a fine of 3% of the fine every day.

Report on (II) performance and post-inspector

your client shall report the performance of the penalty decision to our bureau in writing within 15 days from the date of receipt of this decision. Our bureau implements environmental administrative enforcement supervision on your client's performance of the penalty decision.

The means and time limit for 4. to apply for administrative reconsideration or bring an administrative lawsuit.

If you disagree with this penalty decision, you can apply to the Kunming Airport Economic Zone Management Committee of Yunnan Province for reconsideration within 60 days from the date of receiving this decision, or you can directly file an administrative lawsuit with the Kunming Railway Transportation Court within 6 months. The application for administrative reconsideration or the filing of an administrative lawsuit shall not stop the execution of the administrative penalty decision. If we do not apply for administrative reconsideration or bring an administrative lawsuit to the people's court within the time limit, and fail to comply with this penalty decision, our bureau will apply to the people's court for compulsory execution in accordance with the law.

Airport Branch of Kunming Ecological Environment Bureau

16/12/2022

kunming Ecological Environment Bureau Airport Branch Tel: 0871-67331751