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Kunming Ecological Environment Bureau Airport Branch Administrative Penalty Decision Kun Sheng Huan Air Penalty [2022] No. 24

PublishDate:2022-12-23 14:00Source: Airport Branch of Kunming Ecological Environment Bureau

Party: Shengyuan Business Department of Yunnan Xincheng Industry and Trade Co., Ltd.

Unified Social Credit Code: 91530000052208030A

legal Representative: Pu Shaoxian

domicile: No.26, Area A, Dabanqiao Garden, Dabanqiao Sub-district Office, Kunming City, Yunnan Province

project Address: No.26, Area A, Dabanqiao Horticultural Field, Dabanqiao Sub-district Office, Kunming City, Yunnan Province

the case of your party's violation of the EIA system for construction projects 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 December 13, 2022 and found that your party had committed the following environmental violations:

your party in the case of the project address construction of waste aluminum alloy acquisition and sorting compression project, the party did not file the construction project environmental impact registration form in accordance with the law, without authorization to start the construction and put into use.

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; 8. Copy of the land lease agreement; and other evidence.

The above behavior of your party violates Item (III), Paragraph 2, Article 16 of the the People's Republic of China Environmental Impact Assessment Law: "The construction unit shall organize the preparation of an environmental impact report, an environmental impact report form or an environmental impact registration form in accordance with the following provisions (hereinafter collectively referred to as environmental impact assessment documents): If the (III) has little environmental impact and no environmental impact assessment is required, the environmental impact registration form shall be filled in." The provisions.

On December 13, 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 client has not made a statement or defense within the statutory time limit.

The above facts are based on our bureau's "Notice of Administrative Punishment in Advance" (Kun Sheng Huan Kong Punishment Report [2022] No. 24), "Notice of Administrative Punishment Hearing" (Kun Sheng Huan Kong Hearing Report [2022] No. 24), "Decision on Ordering Correction of Illegal Acts" (Kun Sheng Huan Kong Responsibility Reform [2022] No. 24), and "Service Return Certificate" on December 13, 2022.

Basis and Types of 2. Administrative Penalties

according to the third paragraph of Article 31 of the "the People's Republic of China Environmental Impact Assessment Law": "If the construction unit fails to file the environmental impact registration form of the construction project in accordance with the law, the ecological environment department at or above the county level shall order the record and impose a fine of less than 50,000 yuan." In combination with the provisions of the "Kunming Ecological Environment Administrative Penalty Discretion Rules and Benchmark Provisions" (2021 Edition), our bureau made the following decision on your party: 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

22/12/2022

kunming Ecological Environment Bureau Airport Branch Tel: 0871-67331751