Dongguan punishment environmental illegal enterprises have "elastic" apology and promise to make corrections can be slightly punished

Author:Golden sheep net Time:2022.08.09

Yangcheng Evening News all -media reporter Wang Mo

The "Apology of Environmental Illegal Acts in Dongguan City" (hereinafter referred to as the "Work Guidelines" (hereinafter referred to as the "Work Guidelines") Since its introduction in April this year, the implementation has achieved obvious results. Many companies involved in environmental violations have come out to publicly apologize and promise to correct them. As of June 30, the Dongguan Ecological and Environment Bureau has had 102 cases that have reduced the penalty amount and made a penalty decision in accordance with an apology commitment.

Sincere apology and punishment can be "light"

In Dongguan, in the face of severe environmental protection law enforcement, many small and medium -sized enterprises have fallen into a dilemma of "one penalty". On April 6 this year, the Dongguan Ecological and Environment Bureau combined with the "Regulations on the Free Tailoring of Ecological Environmental Administrative Penalties in Guangdong Province", and formulated the "Institute of Environmental Illegal A apology and Promotion of Light Penalties". As long as illegal enterprises meet the corresponding conditions, publicly apologies on the media and promise to rectify can greatly reduce fines.

The Dongguan Ecological and Environment Bureau conducted law enforcement inspections on a sports equipment processing plant in Dongguan Houjie City found that the company mainly engaged in EVA sole processing and production, without supporting environmental protection facilities. Investment in production without authorization. Law enforcement officers ordered them to stop environmental violations and fined 420,000 yuan. After receiving an administrative punishment notice, the motion equipment processing plant actively cooperated with rectification, actively completed environmental procedures, submitted an apology commitment application, and publicly apologized on the main media in Dongguan. In this regard, the Dongguan Ecological and Environment Bureau made an administrative penalty decision in accordance with the "Work Guidance", fined 220,000 yuan, and reduced penalties of 200,000 yuan.

In April of this year, law enforcement officers from the Humen Branch of the Dongguan Ecological and Environment Bureau went to a renewable resource recycling Co., Ltd. in Humen Town for inspection and found that it was mainly engaged in the recovery and processing of plastic waste products. Construction. In this regard, on May 11, the Humen Branch issued the "Notice of Administrative Penalty", which was fined 310,000 yuan and 72,000 yuan for the unit and its environmental protection leaders. After receiving the notice of administrative penalties, the enterprise actively cooperated with the rectification, and submitted applications, made public apology and a commitment to ecological environment. To this end, the Dongguan Ecological and Environment Bureau agreed to reduce a total of 132,000 yuan in fines of the unit and its environmental protection in charge in accordance with the "Work Guidance".

If the rectification is not completed within the time limit

Dongguan Ecological and Environment Bureau found in a law enforcement inspection in 2021 that a plastic product company was suspected of environmental violations. The company does not go through the approval procedures of the ecological environment, and has produced production processes and related equipment without authorization, unpacking environmental protection facilities, unsuccessful independent acceptance, and has been put into production. The exhaust gas generated by baking and other processes is directly discharged. The Dongguan Ecological and Environment Bureau made an administrative order on the company's "not verified" environmental violations in accordance with the law, ordered it to correct environmental violations within 3 months, and imposed a fine of 250,000 yuan in administrative penalties in accordance with the law.

However, the Dongguan Ecological and Environment Bureau was inspected again this year that the company was still producing, and the illegal behavior of "not verified" was in a continuous state. In this regard, the Dongguan Ecological and Environment Bureau made the "Administrative Penalty Decision" in accordance with the law and imposed a fine of 1.4 million yuan.

The relevant person in charge of the Dongguan Ecological and Environment Bureau stated that for the sewage discharge units that have been investigated and punished by investigating environmental illegal acts, they will continue to strengthen the reconsideration tracking, urge them to implement rectification measures, terminate illegal acts in a timely manner, and punish the sewage discharge units that have been taught repeatedly in accordance with the law.

Some situations cannot be punished from light punishment

In the process of investigating and dealing with environmental violations of the ecological environment of Dongguan, if the parties apply to an apology and commitment to a lighter punishment, they should meet two conditions at the same time: First, the parties will take the initiative to propose a written written within 7 working days after receiving the "Administrative Penalty Notice". Application and promise to correct illegal acts; the second is to publicly apologize on local mainstream media.

At the same time, there are also 13 cases that are not suitable for apology and commitments to lighter punishment, including: environmental violations belong to the application of criminal responsibility for transferring to judicial organs; environmental violations are applicable to administrative detention to public security organs; Or other methods hinders, refuse to accept environmental supervision inspections or emergencies investigations, as well as those who have falsified and evade inspections; those who violate the prohibited regulations in the drinking water source protection area; and many more.

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