After the cleaning of more than 800 tons of garbage, the pollution has not been resolved. What should I do?

Author:Supreme inspection Time:2022.07.07

Beibei River all the way to the southeast flow

Anhui Bengbu Huai Shang: Follow up the problem of governance of cross -border water pollution

"Around the mountains of the mountains, there are thousands of trees and thousands of Guo hug. The sparse forests and yellow leaves are cooked, and the shallow water reeds flowers a geese fly." This is the vividness of the scenery of the beautiful poet of Anhui Huaiyuan, Xu Yinyuan, who is in his hometown, Draw. The Beiyuhe River originated from Shangqiu, Henan, and flows all the way to the southeast. It passes the counties and other counties such as Luzhou, Temuyang, Mengcheng, Yixi, Huaiyuan, and in the Huaihe River in Mohekou, Huai Shang District, Bengbu City, Anhui Province.

As an important tributary of the Huaihe River, the population is densely populated on both sides of the North Langhe River, and the production and life of the people are closely related to this river. However, for a period of time, the ditch canal on the side of an economic development zone (hereinafter referred to as the "Economic Development Zone") adjacent to Huai Shang District, Bengbu City was covered with garbage, and the water was black and odorous. It seriously affects the living environment of the river ecology and the surrounding residents, and the local masses are strongly reflected.

Under the continuous follow -up supervision of the procuratorial organs, the water quality involved in the case was significantly improved, and public interests were well maintained. In March of this year, the administrative public interest lawsuit of the urging governance governance of the Beiyuhe River's cross -border water pollution issued by the Huai Shang District Procuratorate of Bengbu City was rated as a typical case of "looking back" by the procuratorial public interest litigation by the highest procuratorial public interest litigation.

Representatives of the People's Congress provided cross -border water pollution clues

The clues of this public interest lawsuit originally originated from the suggestions made by the local people's congress representatives.

On July 13, 2020, the Standing Committee of the Huai Shang District People's Congress of Bengbu City held the district people's congress representatives on strengthening the rectification of cross -border water pollution in Bei Luohe, and assigned to the Huai Shang District Procuratorate. The handling letter states that the main food production area of ​​Huai Shang District in the Beibei River is the main water source of agricultural irrigation in Huai Shang District. The agricultural agriculture in Huai Shang District is developed, and the farmland irrigation is in all directions. At the same time, water pollution is easy to spread, which affects a larger scope. In particular, the problem of cross -border water pollution needs to be resolved urgently. The assignment letter recommends that the procuratorial organs are involved in the investigation, giving play to the functions of procuratorial public interest litigation, safeguarding social public interests, and cracking the problems of rivers' ecological governance.

According to the opinions of the Standing Committee of the District People's Congress, the Huai Shang District Procuratorate immediately acted to rely on the working mechanism of the "Head Chief+Attorney General", and the UMC's office used drone aircraft to check it. More than 800 tons of garbage in a certain county in Qiao Town was stacked. The black and odorous water body generated by garbage flowed into the section of Huaihe, Beibeihe Huaihe through Meiqiao 2. After testing, the water body involved was poor.

The prosecutor of the Huaishang District Procuratorate quickly inspected the water quality of the pollution site.

In view of the pollution sources and damage areas, the county's economic development zone and Huai Shang District, respectively, this case belongs to cross -regional pollution. On October 16, 2020, the Huaishang District Procuratorate requested the designated jurisdiction to the Bengbu City Procuratorate. Under the guidance and coordination of the Anhui Provincial Procuratorate, the Bengbu City Procuratorate handed over the case under the jurisdiction of the Huai Shang District Procuratorate, which was under the result of the downstream damage, and established the task force in charge of the deputy prosecutor as the team leader to handle the case.

On October 29, 2020, the Huaishang District Procuratorate officially filed a case for this pollution case. After investigation, the county's management committee has statutory responsibilities such as environmental governance and supervision, but the waste and sewage treatment capacity of the economic development zone is insufficient. On November 2 of the same year, the Huai Shang District Procuratorate issued a procuratorial suggestion to the management committee of the Economic Development Zone in a county to urge them to fulfill the responsibilities of environmental protection and pollution control in accordance with the law, investigate and deal with environmental violations, and actively coordinate relevant departments to clean up the garbage in time. Dredging the ditch, while strengthening publicity, establishing a long -acting system for garbage collection and processing in the park, and curbing the traversal trash from the source.

"Looking back" found that the rectification was not in place

After receiving the procuratorial suggestion, the management committee of the Economic and Development Zone of a county attached great importance to organizing a one -month centralized special rectification. On December 4, 2020, a county management committee responded to the Huai Shang District Procuratorate that the problems listed in the procuratorial proposal were effectively rectified to achieve the expected work goals.

The reporter learned that the response letter of the prosecution mainly talked about two points: First, the requirements of the river system were strictly implemented, and multiple measures were measured to solve the problem of water quality. At the same time, it is improved to consolidate hard work, continuously improved hardware support, effectively strengthen supervision and disposal and source control, and form a long -term mechanism for environmental protection. The second is to increase publicity and set up warning signs; entrust a third party to collect and deal with garbage regularly, and keep it clean and tidy; fulfill the duties of territorial management in accordance with the law, and resolutely investigate and deal with environmental violations; dredge the ditch, timely deal with floating garbage in the ditch, maintain water quality and water quality and quality Sensory.

Since then, the Huaishang District Procuratorate has preliminarily verified this to confirm that more than 800 tons of garbage that was originally stacked had been cleaned up. In order to continue to follow up the supervision and rectification situation, in January and February 2021, the cases of the case of the public interest litigation department of the Huaishang District Procuratorate went to the place of crime and surrounding the surrounding surroundings. The roadside still has a piece of garbage, and the water body along the road ditch, especially the water body, is still full of garbage, and the smell of water is pungent.

In March of the same year, the Procuratorate of Bengbu City and Huai Shang District jointly launched a public interest lawsuit "Looking back" and found that after a large amount of garbage stacked on the scene was cleaned up, although there was no new garbage, the ditch was not effectively treated, and the water body was still turbid. In order to find out the treatment of water pollution in the incident, the Bengbu City Procuratorate and the Public Interest Litigation Laboratory of the Ecological Environment Bureau of Bengbu City sent staff to conduct in -depth on -site investigations to investigate the samples. , Master information such as the turbidity, oxygen demand, ammonia nitrogen, heavy metal quantity, and black odor water body identification. After being tested, the water nitrogen content of the water body exceeded the standard by nearly 8 times, and it still belongs to the black odor water body. The prosecutors of the Procuratorate of Bengbu City and Huai Shang District were "looking back" in public interest lawsuits.

Obviously, there are still problems such as incompleteness and incompleteness in a county economy. On April 13, 2021, with the approval of the Bengbu City Procuratorate and the Bengbu Intermediate Court, the Huai Shang District Procuratorate filed an administrative public interest lawsuit with the Huai Shang District Court in accordance with the law, emphasizing that the current pollution problems have not been effectively resolved, and various pollution behaviors have There is still existence and continuous occurrence. The defendant failed to fulfill all his duties in accordance with the law. The public interests of social public interests continued to be infringed. The court asked the court to order the county management committee to perform environmental protection duties in accordance with the law, clean up the garbage involved in the case, treat the black and odorous water pollution pollution Essence

Promoting litigation to promote the performance in accordance with the law is more comprehensive

On June 17, 2021, the Huaichang District Court of Bengbu City started trial. The administrative public interest lawsuit was tried. The Huaishang District Procuratorate sent a member of the court as a prosecutor of a public interest lawsuit, claimed a lawsuit, explained the facts and reasons, and presented the prosecution suggestion before and after the sending of the prosecution. Evidence of on -site photos, videos, procuratorial suggestions, reply letters and other evidence.

The Standing Committee of the Huaishang District People's Congress was also very concerned about the trial of the case. It was led by a deputy director of the Standing Committee of the District People's Congress and invited the 16 district people's congress representatives to listen to the trial of the case. The representatives praised the proposal of representatives in the case of procuratorial organs to promote the governance of cross -waters water pollution in the form of litigation.

Representatives of the Huaishang District People's Congress were invited to hear the trial.

After the trial of the first instance, the county government and the county management committee of the Economic Development District invited procuratorial organs to discuss rectification measures. After the consultation, the management committee of the Economic Development Zone further refined the rectification plan, and invested 130 million yuan in funds to accelerate the construction and operation of sewage treatment plants, and leased more than 600,000 tons of residual sewage for emergency sewage treatment equipment. The governance ditch is 2.1 kilometers, and the reconstruction pipe network is 15 kilometers. In addition, the management committee of the Economic Development Zone also commissioned third -party to collect waste, comprehensively rectify the ditch involved, and set up warning signs, isolation networks to eliminate pollution risks such as garbage chaos. After rectification, the water quality of the ditch involved meets the standard of water on the surface.

In view of the comprehensive performance of the management committee of the Economic and Development Zone in accordance with the law, the purpose of public welfare protection was realized, and the proposal of the Huai Shang District Procuratorate proposed that on August 2021, the Huai Shang District Court ruled that the case was ended in the case.

"After continuous monitoring by the environmental protection department, in the first and second quarters of this year, the average value of the section of the national control section of the Huaihekou in Bei Lao River was IV, which met the national assessment requirements and showed a stable and good trend." Bengbu City Procuratorate No. 1 Yu Yongchao, director of the 5th Procuratorate, told reporters that after the case ended in the case, Huai Shang District Procuratorate continued to pay close attention to the rectification status, and often connected the local environmental protection department to understand real -time monitoring data. In addition, the first phase of the sewage treatment plant in a county through the opening of a county runs well after completion, which can basically meet the needs of sewage. The construction of the second phase of the project is currently being launched. It is expected to be put into operation in June next year, and after running, it can completely solve the problem of insufficient sewage treatment capacity in the economic development zone.

The amount of a "supervisor" to the end

This case handled by Huai Shang District Procuratorate in Bengbu City, Anhui Province was the first case of administrative public interest lawsuits in Anhui Province's first cross -region pollution. There are three typical significance in the following three aspects.

The first is to solve the problem of cross -regional water pollution control. The causes of water pollution are generally complicated, and due to the existence of environmental pollution behavior and damage results cross -administrative divisions, it has not been effectively resolved for a long time, which has attracted great attention from the National People's Congress. In order to solve this problem, on the one hand, the Bengbu City Procuratorate designated the Huaishang District Procuratorate under the whereabouts of the river in the river and the result of the damage result, and urged the administrative agencies located in the upper reaches of the river and the main source of pollution to perform their duties in accordance with the law. sex. On the other hand, the local procuratorate did not fight alone in the handling of the case. Instead, it was communication and cooperation in multiple parties. Relying on the collaboration mechanism such as "river length+prosecutor", the joint inspection laboratory of drones and public interest litigation was used Following up supervision and other work, improved the quality of case handling and promoted the accuracy of supervision. "Looking back" found that the problem involved was not comprehensively rectified, and the procuratorial organs filed administrative public interest lawsuits in accordance with the law. After the realization of the rectification and the purpose of public interest litigation, the procuratorate also suggested that the court ended the lawsuit and was adopted by the court, so as to solve the problem of "not synchronized upstream and downstream, different banks on the left and right", and achieved the maximum effect of public interest litigation supervision.

The second is to better realize the organic connection between legal supervision and the supervision of the National People's Congress. Ecological priority and green development are now the consensus of the whole society, and the people have a new and higher demand for the safety of the ecological environment. The local people's congress representatives actively performed their duties and repeatedly reflected the voices of the masses, reflecting a strong sense of responsibility and supervision. The Standing Committee of the Huaishang District People's Congress transferred the suggestions of the representatives to the procuratorate, which is not only a trust in the procuratorate, but also the supervision of the procuratorial organs. The procuratorial organs have issued a case of procuratorial proposals and filed a public interest lawsuit, and the representative suggestions will be handled by the case. The rule of law and environmental protection issues, and the worry, troubles, and hearts of the people will effectively help the implementation of the rural revitalization strategy. At the same time, the "seamless docking" of the people's congress representatives with the procuratorial proposal, the organic connection between the supervision of the people's congress and the legal supervision of the procuratorial organs, will undoubtedly have a broader prospect in maintaining national interests and social public interests, showing greater actions. The third is to have a demonstration of handling similar cases. The handling process of the case fully shows the advantages of the integrated case handling of the procuratorial organs. The Anhui Provincial Procuratorate has always supervised and follow -up in guiding the proposal cases, coordination of jurisdiction, and conclusion of case summary. The Bengbu Procuratorate's overall guidance in investigation and evidence collection and legal application, which effectively solved the problems of difficulty in handling and prosecution cases of administrative public interest lawsuits under the jurisdiction of different places. The Huaishang District Procuratorate is in the front line of the case handling to strengthen the coordination with relevant parties in order to seek the ultimate spirit, continue to track, and the amount of "supervision ruler" to the end ensures the quality of the case handling and achieve the expected supervision effect. The case plays a good demonstration and leading role in the handling of similar cases of procuratorial organs in the province, and has been well received by the local party committees, people's congresses, and the people. (Zhao Jie, Director of the Seventh Procuratorate of the Procuratorate of Anhui Province) (Prosecutor's Daily Wu Yi Man)

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