Does the original company of the rented factory have an EIA and need to do it again?
Perhaps some business leaders will take it for granted that since they have done environmental impact assessment before, there is no need to re-evaluate it. As shown in the following example, due to negligence and ignorance of environmental protection, illegal acts are severely punished.
The relocation and lease of the factory building is not only the change of the factory building, but also the specific technological process and equipment. Generally speaking, except for trade and consulting enterprises, most enterprises need to make a new environmental assessment when moving the leased factory. Because it is difficult for enterprise tenants to find the original company with the same production business and production equipment, and the number of equipment and pollution discharge indicators are consistent with each other.
According to the requirements of project category and EIA grade. , respectively, make reports and statements for approval, and the registration form is filed by itself.
People's Republic of China (PRC) Environmental Protection Law
Article 19
Development and utilization planning without environmental impact assessment according to law shall not be organized and implemented; Construction projects without environmental impact assessment according to law shall not be started.
Article 61
If the construction unit fails to submit the environmental impact assessment documents of the construction project according to law or starts construction without approval, the department responsible for environmental protection supervision and management shall order it to stop construction, impose a fine, and may order it to be restored to its original state.
Case 1: The new project of the leased factory building has not gone through the EIA procedures.
Hunan Kairuida New Energy Technology Co., Ltd. started construction of battery R&D and assembly production projects in June 20 18, and put into production in April 20 19. On April 6, 20 19, leiyang city Environmental Protection Bureau received a complaint from the public that "leiyang city Kairuida New Energy is unlicensed and unlicensed, and the wastewater from the production of lead-acid batteries is discharged directly", and immediately assigned relevant staff to the site for investigation and verification.
On-site inspection found that
,
The company rented a workshop to build a battery assembly project.
The workshop covers an area of 800 square meters. The first floor is used for assembly production, and the second floor is used as a warehouse. The main equipment includes a set of lead and zinc dissolving equipment, two sets of welding machines, two sets of electrolyte canning machines and a test platform. No electrolyte prepared by the enterprise was found in the on-site inspection. According to the investigation, the electrolyte was purchased from the market, and no signs of wastewater discharge were found in the field investigation.
Deal with punishment:
The company's battery assembly project has not gone through the relevant environmental protection approval procedures.
Leiyang city Environmental Protection Bureau has issued it.
Decision to stop construction (production)
, and request
Dismantle all production equipment and facilities immediately.
. As the enterprise did not go through the EIA hearing procedure, which is illegal production, the Environmental Protection Bureau has written to leiyang city Sanjia Sub-district Office.
Prohibit it
.
Case 2: The lessor of the factory had an environmental assessment, and the lessor company was ordered to stop production and rectify without handling the environmental assessment.
Zhenjiang Dassault Coupling Company (hereinafter referred to as "Dassault Company") passed the environmental assessment approval and acceptance work of the environmental protection department in accordance with relevant regulations at the early stage of its establishment. However, from June 2065438 to June 2008, the staff of Dantu District Environmental Protection Bureau found that the company had rectified its production equipment and technology afterwards.
"Update"
.
According to the environmental impact assessment method,
"If the nature, scale, location, production technology or measures to prevent pollution and ecological damage of the construction project have undergone major changes after the approval of the environmental impact assessment document of the construction project, the construction unit shall resubmit the environmental impact assessment document of the construction project."
. However, the soda was not declared and the relevant procedures were not obtained.
20 15 Soda Company leased some workshops to Zhenjiang Xinhang Precision Casting Co., Ltd. to process aluminum alloy castings. This company
Not only is there no relevant environmental protection approval procedure
Moreover, the repeated use and long-term storage of wax in the casting process will produce odor, and a certain amount of odor will also be produced in the cutting process of aluminum alloy castings.
Dust pollution
.
In addition, the ammonia-containing waste gas in the heat treatment workshop of soda ash company is directly discharged into the environment without treatment, and the smell is pungent; The wastewater and waste liquid from the factory are directly discharged into the rainwater pipe network without treatment; The company's blackening process was initially entrusted to an external factory, and later
Private building
Black coloring workshop, and
Did not go through the relevant environmental protection procedures.
, also
No supporting environmental protection facilities have been built.
.
In view of the problems existing in Zhenjiang Xinhang Precision Casting Co., Ltd.
Incomplete environmental protection procedures, environmental pollution and other issues.
Dantu District Environmental Protection Bureau has ordered the company.
Stop production and rectify immediately.
Production shall not be resumed before the environmental protection procedures are completed, and the company's environmental violations shall be carried out at the same time.
Put on record for investigation
.
Zhenjiang dasuo coupling co., ltd
Suspected of environmental violations
Environmental monitoring personnel of Dantu District Environmental Protection Bureau have blackened the company's workshop.
seal
(Sealed electric meters, etc. ), and ask it to properly and safely keep the acid, alkali and salt in the tank, and entrust a qualified unit to recycle and dispose of it as soon as possible; The company's living and production management wastewater is directly discharged into the rainwater pipe network without effective collection.
illegal activities
, and then send out.
Order rectification
Notice and
Put on record for investigation
. At the same time, the company was ordered to rectify the solid waste yard within a time limit, build a solid waste yard and a hazardous waste warehouse that meet the requirements of environmental protection, and
Environmental violations of solid waste management
Put on record for investigation
.
Case 3: The leased factory was fined for applying the original EIA.
When the law enforcement officers of Pingyang Branch of Wenzhou Ecological Environment Bureau of Zhejiang Province accompanied the Zhejiang Ecological Environment Law Enforcement Cross Inspection Team to inspect Zhejiang Geer Reducer Co., Ltd., they found that the company was large in scale, with complete industrial equipment and high output value, but the company's environmental protection facilities were rudimentary and even
Some processes have not built relevant pollutant control facilities.
, paint waste gas, waste water, harmful solid waste and other pollutants.
Direct discharge environment
, causing environmental pollution.
Inspectors asked the enterprise to provide EIA and review materials on the spot to check whether the EIA and the status quo meet the requirements. However, what the enterprise provided was the environmental assessment and review materials of Zhejiang Oumaite Reducer Co., Ltd., but the site was the same, the technology and equipment were very similar, and there was no record of the change of the factory name. What the hell is going on here?
Law enforcement officers of Pingyang Branch conducted a thorough investigation of the company and finally found out the reason. Zhejiang Ogilvy Reducer Co., Ltd. conducted an environmental assessment at its current site on 20 14 and passed the examination and approval. After several years of production, Zhejiang Geer Reducer Co., Ltd. moved to the current production site, changed some processes and increased equipment.
The person in charge of the enterprise thinks that the address is the same and the technical equipment is basically similar. Since the EIA has been done, there is no need to do it again, so it has been produced until it is found.
Law enforcement officers seriously investigated and dealt with the company's "changing vest" style of applying EIA to discharge pollutants. On the basis of investigating EIA, the eco-environmental protection department investigates other illegal acts.
Violation of EIA approval
、
Violation of the "three simultaneities" system
、
Entrust unqualified units to dispose of hazardous wastes.
They were fined 56,000 yuan, 65,000 yuan and 280,000 yuan respectively. At the same time, the illegal discharge of waste gas is based on the Air Pollution Prevention and Control Law.
Impose seizure
Later, according to the provisions of the judicial interpretation of the "two highs", the clues of the company's illegal and criminal recovery of hazardous waste are as follows
Hand it over to the public security department for handling.
.
"I didn't expect this thing to be so serious. I thought I had done an environmental assessment before, and now I don't need to re-evaluate it, and I don't know anything about pollution prevention. Due to their negligence and ignorance, enterprises have been severely punished in environmental protection, and they will pay more attention to it in the future and will not make mistakes again. " The head of the enterprise said with regret after the personnel.
Answers to related questions
1. If the enterprise with complete EIA procedures is leased as a whole, the project scale and production process will not be changed after leasing. Can the EIA of the original enterprise be used?
《
The Law on Environmental Impact Assessment stipulates that "after the environmental impact assessment document of a construction project is approved, if the nature, scale, location, production technology adopted or measures to prevent pollution and ecological damage of the construction project have undergone major changes, the construction unit shall resubmit the environmental impact assessment document of the construction project".
The eco-environmental protection department only manages construction projects, and the change of the project implementation and operation subject is not within the jurisdiction of the eco-environmental protection department.
(Source: Anhui Provincial Department of Ecology and Environment)
2. Is it necessary to carry out environmental impact assessment when renting other people's factories to operate new industries?
Reply of the former State Environmental Protection Administration on Relevant Issues Concerning the Management of Newly-built Houses Leased by Others (Circular Letter No.2004). [200 1] 123) mentioned that the construction unit should meet the requirements stipulated in the Regulations on the Management of Environmental Protection of Construction Projects and the Catalogue of Classified Management of Environmental Protection of Construction Projects, whether building new facilities through civil buildings or renting other people's houses to engage in some business projects that affect the environment.
The environmental protection department shall also judge whether the projects invested by citizens, legal persons or other organizations belong to the construction projects specified in the Catalogue according to the project categories and classification standards specified in the Catalogue, and require the construction unit to go through the corresponding environmental protection procedures according to its impact on the environment.
If the project is a "construction project with little impact on the environment", according to the above regulations and catalogue, environmental impact assessment is not required, but an environmental impact registration form should be filled in.
The investment and construction unit shall not refuse to perform the legal obligation of environmental impact registration on the grounds that it rents other people's premises for operation without civil construction.