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Sewage exceed the standard rubber company was fined 100000 lawsuit
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"Ten water" introduction, let the water pollution prevention and control has become a hot issue of public attention once again. In April 22nd, the reporter understands,
Recently, the Shanghai first intermediate people's Court concluded together rubber company refuses to accept the punishment of sewage water exceed the standard by two
The trial of administrative cases of second instance verdict, dismissed the water authority, the punishment is not inappropriate, rubber company for.
Rubber company refused to accept a fine of 100000 yuan sued the Bureau of water resources
In February 26, 2014, Shanghai Water Affairs Bureau of Fengxian to the area of a rubber company for discharge of sewage water quality inspection, in the company.
Xu, accompanied by staff, Shanghai city drainage monitoring station of water sampling sampling personnel in the company's total sewage outfall
. The city drainage monitoring station, the pH value of wastewater samples was 1.84, more than Shanghai "sewage discharged into urban sewage water
The stipulation of quality standard "PH emission limit values from 6 to 9.
Water authority filed in March 19, 2014, in June 16th the same year to make "administrative penalty hearing this book", the company intends to inform the rubber
To make administrative punishment of a fine of 100000 yuan and told the hearing right. In July 3rd of the same year, the bureau held a hearing, listen to the public
Secretary of state, to speak up.
In September 1, 2014, water authority "administrative punishment decision book" made of rubber company, identified in February 26th of the same year the implementation of the
Discharge of sewage water exceed the standard behavior, in violation of the provisions of the first paragraph of the "nineteenth regulations" Shanghai city drainage management, decision
The fine 100000 yuan.
Rubber company to court, requesting revocation of the administrative act. Court of first instance, after hearing that, water authority administrative penalty does not
When law enforcement, legal procedures, the decision to dismiss the company for rubber.
The court of second instance to respond to the three focus of controversy
Rubber company said the appeal, it does not exist serious exceed the standard discharge of sewage; Water Bureau commissioned the urban drainage monitoring station on the discharge of sewage
Testing program and other illegal water; water only in the sewage water quality serious exceed the standard on the grounds of its made a fine of 100000 yuan.
Punishment of improper application of law. Therefore requested the court of second instance commuted the revocation of the original judgment, to support its claims.
The water authority argued, the system according to the test report issued by the city drainage monitoring station that the appellant sewage sample pH strictly
Weight exceed the standard, on the appellant to inquiry on the detection results of the report did not raise objections; city drainage monitoring station is professional.
Survey organization, have the corresponding technical specification; the application of law is right.
For both the focus of controversy, the Shanghai intermediate people's Court of second instance after hearing that the court of the original instance, on-site inspection to submit according to the water authority
Check the transcripts, photographs and other evidence to prove that the evidence, in February 26, 2014 the company inspection sampling rubber wastewater pH was 1.84,
Exceed the standard of water quality. The test report is rubber company said its entrusted to other companies make in April 2nd of the same year that the discharge of sewage
Compliance with water quality standards, but the results can not deny the water authority of rubber company in February 26, 2014 to discharge sewage water quality inspection
Results.
To the court of the original instance according to the water authority, city drainage monitoring station qualification certificate, the station has issued have proved the role of data
And the result of the relevant qualification. In the examination on the same day, by the rubber company staff to accompany the sampling, and the sampling site record information sign
Word recognition. City drainage monitoring station in accordance with the provisions of the detection method of professional sampling test samples, test results and make the
Verification results have objectivity. We have no evidence that the station's quality testing, test process and test results in violation of the provisions of.
According to the Shanghai water sector "severely exceed the standard definition of value using the interpretation", the pH value of less than 5 are seriously exceed the standard. Rubber company in.
Check the discharge of sewage by detecting pH value is 1.84, belongs to the serious exceed the standard. Water Affairs Bureau of Shanghai city drainage management application "
Regulations "article forty-second (two) made a fine of 100000 yuan penalty is obviously inappropriate, nor injustice.
Water authority according to law, case inquiry, held a hearing to listen to the rubber company's statement of defense to the case against administrative acts
For law enforcement procedures, also does not improperly. Therefore, two trial will dismiss the appeal, upheld.
The judge said
Enterprises should do to Protect environment legal responsibility and social responsibility
In this case the trial judge said, environmental protection is a basic policy in our country. In order to protect and improve the environment, promote economic and social sustainable development
Development, China has successively promulgated and revised the "law of the people's Republic of China Environmental Protection Law" and other relevant laws, rules and regulations.
In view of the enterprise in the production process is easy to cause harm to the environment, the relevant laws and regulations of environmental protection set strict obligation of enterprises
. The State Council recently issued the "ten water", will focus on the prevention and control of industrial pollution as, encourage enterprises to regulate the production of behavior
.
In this case the appellant as a rubber products manufacturing enterprises, we should abide by the environmental obligations, but it has seriously exceed the standard discharge of sewage
Water, pollution of the environment, and punished accordingly by administrative organs.
Punishment is the implementation of illegal behavior of enterprise sanctions, is a reminder of the enterprise. In this case the appellant and the relevant enterprises should take
For example, in the production process to ensure that the sewage discharge to reach the required standard, try to Protect environment legal responsibility and social responsibility.
This article from the Shenzhen Qiyu Silicone Rubber Co., Ltd: http://www.szhcty.com/news_v.asp? Id=385
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