Lianyungang Municipal Environmental Protection Bureau
Environmental Protection Administrative Penalty Decision
Huanxing Penalty Word [2015] No. 38
Party: Lianyungang Xingxin Steel Co., Ltd.
Business license registration number: 320724000005473
Organization code: 75463820-3
Legal representative: Wang Airui
< p>Address: Shipbuilding Industrial Park, Duigogang Town, Guannan County, Lianyungang City, Jiangsu ProvinceThe environmental violation case of Lianyungang Xingxin Steel Co., Ltd. (hereinafter referred to as the "Company") has been investigated by our bureau and has been Review ended.
1. Investigation status and environmental violation facts, evidence and statements (hearing) and adoption status
On September 8, 2015, Lianyungang Environmental Monitoring Center Station issued a report to you The company conducts supervision and monitoring, and the monitoring results show that the concentration of sulfur dioxide emitted from the exhaust gas outlets of your company's 1# and 2# pellets and 3# and 4# pellets all exceeds the "Steel Sintering and Pelletization Industry Air Pollutant Emission Standards" (GB28662- 2012) Emission limit requirements specified in Table 2. On September 15, our bureau issued a "Decision Letter of Ordering to Correct Illegal Behaviors" to your company, ordering your company to immediately stop illegal pollutant discharge activities, and informed you that if your company refuses to correct, it may bear the legal consequences of continuous daily penalties; 11 On March 18, our bureau issued an "Environmental Protection Administrative Penalty Decision" to your company, imposing an administrative penalty of 35,000 yuan on your company.
On October 12, 2015, our bureau re-examined your company’s corrections. After on-site monitoring, the results showed that your company’s 1#, 2# pellets and 3#, 4# pellet exhaust outlets The concentration of sulfur dioxide emitted still exceeds the emission limit requirements specified in Table 2 of the "Steel Sintering and Pelletization Industry Air Pollutant Emission Standards" (GB28662-2012); on October 26, our bureau once again issued an "Order to correct illegal actions" to your company. Behavior Decision Letter", ordering your company to immediately stop illegal pollution discharge behavior; on October 29, our bureau re-examined your company's correction situation and found that your company's pellet production workshop has stopped production.
The above facts can be confirmed with the following evidence:
1. Lianyungang Municipal Environmental Protection Bureau issued " On-site Inspection Transcript";
2. Lianyungang Municipal Environmental Protection Bureau's "Investigation and Inquiry Transcript" on September 15, 2015;
3. Lianyungang Municipal Environmental Supervision Bureau on September 15, 2015 Photos were taken on site on October 12 and October 29;
4. Lianyungang Environmental Monitoring Center Station Monitoring Report [(2015) Environmental Monitoring (Qi) No. (78), No. (2015) 85)];
5. A copy of the business license provided by the party;
6. A copy of the organization code certificate provided by the party;
7. Lianyungang Municipal Environmental Protection Bureau’s “Decision on Ordering Correction of Illegal Acts” (Lianhuan Kaizi [2015] No. 55, 92);
8. Lianyungang Municipal Environmental Protection Bureau’s “Environmental Protection Administrative Penalty Decision" (Luanxingxingfazi [2015] No. 35).
The above evidence can be mutually corroborated and can form a complete chain of evidence to prove that your company’s illegal facts are clear and the evidence is conclusive.
Your company’s above-mentioned behavior violated the provisions of Article 59, Paragraph 1, of the Environmental Protection Law of the People’s Republic of China, constituted illegal discharge of pollutants and was subject to a fine. Even if it was ordered to make corrections, Environmental violations that refuse to be corrected shall be punished continuously on a daily basis in accordance with the law.
On November 19, 2015, our Bureau issued the "Administrative Penalties for Environmental Protection (Hearing) Notice" to your company (Luanxing Penalty Notice [2015] No. 38), informing you of the fact that your company has violated the law , the basis for punishment and the proposed decision, and inform you that the company has the right to make statements, defend itself and request a hearing. Your company did not file a statement or defense within the statutory time limit, nor did it apply for a hearing.
2. Basis and types of administrative penalties
Paragraph 1 of Article 59 of the "Environmental Protection Law of the People's Republic of China" stipulates: "Enterprises, institutions and other If a producer or operator illegally discharges pollutants, is fined, is ordered to make corrections, and refuses to make corrections, the administrative agency that makes a penalty decision in accordance with the law may impose consecutive penalties on a daily basis based on the original penalty amount starting from the day after the order to make corrections. "< /p>
Article 17 of the "Measures for the Implementation of Daily Continuous Punishments by Environmental Protection Departments" stipulates: "The number of days for continuous daily penalties shall be the day after the day after the decision to correct the illegal behavior is delivered to the polluter. , until the date when the environmental protection department re-examines the illegal discharge of pollutants and still refuses to make corrections after re-examination, the number of penalty days will be cumulative. "
"Environmental Protection Department Implements Daily Continuous Punishment Measures. "Article 19 stipulates: "The amount of fines for each day of continuous punishment on a daily basis shall be the amount of fines determined in the original penalty decision.
The amount of fines determined in accordance with the rules for continuous punishment on a daily basis shall be the amount of fines determined in the original penalty decision. The amount of the fine determined in the letter is multiplied by the number of penalty days.”
According to the above provisions, our bureau decided to impose administrative penalties on your company as follows:
On September 16, 2015. Those who refused to correct environmental violations between October 1 and October 12 were fined NT$35,000 per day, totaling NT$950,000.
3. Methods and deadlines for the implementation of administrative penalty decisions
According to the provisions of the "Administrative Penalty Law of the People's Republic of China" and the "Implementation Measures for the Separation of Fine Decisions and Fine Collection" , within fifteen days from the date of receipt of this penalty decision, your company must take the original copy of this penalty decision to the designated bank to pay the fine, obtain the "Jiangsu Province Receipt for Collection of Fines and Confiscations", and submit it to our bureau for record. If the fine is not paid within the time limit, our bureau will impose an additional fine of 3% of the fine amount every day.
Account opening bank: Agricultural Bank of China, Lianyungang Branch
Address: No. 43, Tongguan South Road, Haizhou District
Account name: Lianyungang Environmental Protection Bureau
Account number: 431101012012212
4. Channels and deadlines for applying for administrative reconsideration or filing administrative litigation
If you are not satisfied with this penalty decision, you may apply for administrative reconsideration or initiate administrative litigation as of the date of receipt of the penalty decision. Apply for administrative reconsideration to the Lianyungang Municipal People's Government or the Jiangsu Provincial Environmental Protection Department within sixty days; you can also file an administrative lawsuit with the Lianyung District People's Court within six months from the date of receiving the penalty decision.
Applying for administrative reconsideration or filing an administrative lawsuit will not stop the execution of the administrative penalty decision.
If you fail to apply for administrative reconsideration or file an administrative lawsuit within the time limit, and do not implement this penalty decision, our bureau will apply to the People's Court for compulsory execution in accordance with the law.
Lianyungang Municipal Environmental Protection Bureau
December 2, 2015
Attached are relevant environmental protection legal provisions:
1. "People's ***Article 59, Paragraph 1 of the Environmental Protection Law of the People's Republic of China: "If enterprises, institutions and other production operators illegally discharge pollutants, are fined and ordered to make corrections, but refuse to make corrections, a penalty decision shall be made in accordance with the law. The administrative agency may impose consecutive daily penalties based on the original penalty amount starting from the day after the date of ordering correction."
2. Article 17 of the "Measures for the Implementation of Continuous Penalties by Environmental Protection Departments": " The number of days for consecutive daily penalties is from the day after the decision to correct the illegal behavior is sent to the pollutant until the day when the environmental protection department re-examines the illegal discharge of pollutants and still refuses to correct it after re-examination. The number of penalty days shall be cumulative. ”
3. Article 19 of the “Measures for the Implementation of Daily Continuous Penalties by Environmental Protection Departments”: “The amount of fines for each day of consecutive penalties shall be determined in the original penalty decision. The amount of the fine determined in accordance with the daily consecutive penalty rules is the fine amount determined in the original penalty decision multiplied by the number of penalty days. ”