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Kunming Ecological Environment Bureau Airport Branch Administrative Penalty Decision Kun Sheng Huan Air Penalty [2022] No. 22

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

Party: Yunnan Haiwu Technology Co., Ltd.

Unified Social Credit Code: 91530100757170722L

legal Representative: Zhao Zhixing

domicile: Dabanqiao Garden, Yunnan Province, Dabanqiao Town, Eastern Suburb, Guandu District, Kunming City

project Address: Dabanqiao Garden, Yunnan Province, Dabanqiao Town, Eastern Suburb of Guandu District, Kunming City

the case of your party's violation of the solid waste 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 December 12, 2022 and found that your party had committed the following environmental violations:

your party did not set up hazardous waste identification marks on the places where hazardous waste is collected and stored in accordance with the regulations, and did not classify the collected and stored hazardous waste according to the characteristics of hazardous waste.

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 ID card of the legal representative; 7. Copy of ID card of the entrusted agent; 8. Copy of the reply to the environmental impact assessment report form of "PVC plastic pipeline production project of Kunming haiwu plastic technology co., ltd; 9. Copy of Yunnan Province Discharge Pollutant Permit; 10. Copy of Fixed Pollutant Discharge Registration Receipt; 11. Copy of Hazardous Waste Disposal Contract; 12. Copy of Joint Plant Establishment Agreement; 13. Copy of Waste Liquid Management System; 14. Notice of Investigation Appointment; Wait for evidence.

The above behavior of your party violates Article 77 of the Law on the Prevention and Control of Environmental Pollution by the People's Republic of China Solid Wastes: "Hazardous waste identification marks shall be set up for containers and packaging of hazardous waste, as well as facilities and places for the collection, storage, transportation, utilization and disposal of hazardous waste." and Article 81, paragraph 1, of the Law on the Prevention and Control of Environmental Pollution by the People's Republic of China Solid Wastes: "The collection and storage of hazardous wastes shall be classified according to the characteristics of hazardous wastes. Mixed collection, storage, transportation and disposal of hazardous wastes of incompatible nature that have not been safely disposed of are prohibited." The provisions.

On December 14, 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 has 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 to order correction of illegal acts" issued by our bureau. now, hazardous waste identification marks have been set up in the places where hazardous waste is collected and stored in accordance with the regulations, and the collected and stored hazardous waste is classified according to the characteristics of hazardous waste.

The above facts are based on our bureau's "Notice of Administrative Punishment in Advance" (Kun Sheng Huan Kong Punishment Report [2022] No. 22), "Notice of Administrative Punishment Hearing" (Kun Sheng Huan Kong Hearing Report [2022] No. 22), "Decision on Ordering Correction of Illegal Acts" (Kun Sheng Huan Kong Responsibility Reform [2022] No. 22), and "Service Return Certificate" on December 14, 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 Punishment Discretionary Rules and Benchmark Provisions" (2021 Edition) Article 14 Item (VII): "Under any of the following circumstances, punishment may be exempted: the (VII) has not set up or standardized hazardous waste identification marks, failed to formulate hazardous waste management plans in accordance with relevant national regulations, declared hazardous waste related materials, filled in and operated hazardous waste transfer forms, formulated hazardous waste accident prevention measures and emergency plans (and There is no environmental incident within 3 years), established hazardous waste management ledgers and truthfully recorded hazardous waste management irregularities, etc., were first discovered and ordered to correct, in accordance with the time limit and provisions to complete the rectification;" the provisions, after the collective discussion of our bureau's case review committee, the adoption of your party's statement of defense request. For failure to set up hazardous waste identification marks in accordance with regulations, penalties are exempted.

According to Item (VII) of Article 112 of the Law on the Prevention and Control of Environmental Pollution by the People's Republic of China Solid Wastes: "In violation of the provisions of this law, one of the following acts shall be ordered by the competent department of ecological environment to make corrections, impose a fine, and confiscate the illegal income; if the circumstances are serious, it may be ordered to suspend business or close down with the approval of the people's government with the power of approval: (VII) mixed collection, storage, transportation, and disposal of incompatible hazardous wastes without safe disposal. If there is one of the acts in items 1, 2, 5, 6, 7, 8, 9, 12 and 13 of the preceding paragraph, a fine of not less than 100,000 yuan but not more than 1 million yuan shall be imposed; If there is one of the acts in items 3, 4, 10 and 11 of the preceding paragraph, a fine of not less than three times but not more than five times the required disposal cost shall be imposed, and the required disposal cost shall be less than 200,000 yuan, at 200,000 yuan." , combined with the provisions of the Kunming City Ecological Environment Administrative Penalty Discretion Rules and Benchmark Provisions (2021 Edition), after the collective discussion of our bureau's case review committee, the adoption of your party's statement of defense request. For the mixed collection and storage of incompatible hazardous wastes without safe disposal, the penalty is mitigated and a fine of 50000.00 yuan is imposed.

1, for the failure to set up hazardous waste identification marks in accordance with the provisions of the behavior, exempt from punishment.

2. For the behavior of mixed collection and storage of incompatible hazardous wastes without safe disposal, the penalty shall be reduced and a fine of 50000.00 yuan shall be imposed.

According to the above provisions, our bureau made the following decision on your client: a fine of 50,000 yuan (50000.00 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