The Ministry of Ecology and Environment releases 8 typical cases in the field of emission permits

1. Case of Jiahua Polishing and Oxidation Factory in Xindai Town, Jiaxing City, Zhejiang Province, obtaining a waste discharge permit through fraudulent means On April 28, 2021, the Pinghu Branch of the Jiaxing Ecology and Environment Bureau, during routine inspections carried out under the “double random, one public” system, discovered that the wastewater discharged by Jiahua Polishing and Oxidation Factory in Xindai Town contained nickel pollutants. The factory had obtained a waste discharge permit on August 19, 2020 (permit number: 91330482789696294T001P), but this permit did not specify any allowable emission levels for nickel pollutants. It was found that the factory failed to truthfully report its nickel pollutant emissions when submitting its application for a pollution discharge permit; in actual production, it employed a nickel-containing sealing process. During on-site verification by the inspectors, the factory concealed the truth by using a hot-water sealing process instead of a nickel-containing sealing process, and obtained a pollution discharge permit through fraudulent means. 　　Although the aforementioned actions by the factory took place before the implementation of the Regulations on the Administration of Pollutant Discharge Permits, they violated Article 31, Paragraph 1 of the Administrative License Law of the People’s Republic of China, which stipulates that \"when applying for an administrative license, the applicant shall submit relevant materials to the administrative authority in good faith and provide true information, and shall be responsible for the accuracy of the substantive content of such applications.\" After serving the enterprise with a notice of hearing regarding the revocation of the administrative license, the Pinghu Branch of the Jiaxing Municipal Ecology and Environment Bureau issued a decision to revoke the pollution discharge permit in accordance with Article 69, Paragraph 2 of the Administrative License Law of the People’s Republic of China. At present, the company has ceased operations and has been designated by the local authorities as a target for closure and relocation; all relevant procedures are being carried out in an orderly manner.

2. Case of Jiangxi Heizhibao Ecological Agriculture and Animal Husbandry Co., Ltd. in Ganzhou City, Jiangxi Province, for discharging pollutants without a permit. Jiangxi Heizhibao Ecological Agriculture and Animal Husbandry Co., Ltd. discharged industrial wastewater without installing online monitoring equipment at its wastewater discharge outlets; on June 11, 2020, the Ganzhou City Ecology and Environment Bureau issued to the company a Notice requiring it to install automatic monitoring equipment at its main wastewater discharge outlet by December 4, 2020 (Notice number: 91360728769786604L001R). On June 4, 2021, when officers from the Ganzhou Environmental Protection Bureau conducted an on-site inspection of the company, they found that it was still in operation; the main wastewater discharge outlet did not have any automatic monitoring equipment installed, and the company had not applied for a wastewater discharge permit in accordance with the law. 　　The company’s aforementioned actions violate Article 2, Paragraph 1 of the Regulations on the Administration of Emission Permits, which states that \"enterprises, institutions, and other producers and operators subject to emission permit management in accordance with legal provisions shall apply for emission permits in compliance with these regulations.\" ； The provision that \"no discharge of pollutants is permitted without a pollution discharge permit\". On August 25, 2021, the Environmental Protection Bureau of Ganzhou City, Jiangxi Province, in accordance with Article 33, Item (1) of the Regulations on Pollution Discharge Permits, ordered the company to rectify its illegal activities and imposed a fine of 300,000 yuan.

3. Case of Jiaquan Precision Hardware Electronics (Suzhou) Co., Ltd. in Suzhou City, Jiangsu Province, failing to discharge pollutants in accordance with the requirements of its pollution discharge permit: On the night of April 14, 2021, the Xiangcheng Comprehensive Administrative Law Enforcement Bureau for Ecology and Environment in Suzhou City, Jiangsu Province, conducted inspections of the sewage networks in its jurisdiction and discovered that abnormal wastewater was being discharged into these networks. Rapid analysis revealed that the source of this wastewater is Jiaquan Precision Hardware Electronics (Suzhou) Co., Ltd., and the total phosphorus concentration is above the allowed limit. The law enforcement officers promptly conducted an on-site inspection of the company and found that it had obtained a waste discharge permit issued by the Suzhou Ecology and Environment Bureau on December 4, 2019 (permit number: 9132050076735279XQ001C). However, its nitrogen and phosphorus-containing wastewater was not collected and treated separately as required by the permit before being reused; instead, it was mixed with other wastewater for treatment. Moreover, the chemical dosing system in the wastewater treatment facilities was not operating properly, resulting in the mixed wastewater being discharged into the Huangdai Wastewater Treatment Plant without proper treatment. At the same time, the company’s sampling pipelines for automatic monitoring equipment such as total phosphorus were not set up properly, and it did not carry out self-monitoring at the frequency required by its discharge permit. 　　The company’s aforementioned actions violated Article 17, Paragraph 2 of the Regulations on the Administration of Emission Permits, which stipulates that emission units shall comply with the provisions of their emission permits, operate and maintain pollution control facilities in accordance with environmental protection requirements, establish environmental management systems, and strictly control pollutant emissions; as well as Article 19, Paragraph 1, which requires emission units to carry out self-monitoring in compliance with the provisions of their emission permits and relevant standards and regulations. In accordance with Article 34, Item (2) and Article 36, Item (5) of the Regulations on the Administration of Emission Permits, as well as the Provisions on the Standards for Imposing Administrative Penalties in the Field of Environmental Protection in Jiangsu Province, the Xiangcheng Comprehensive Administrative Law Enforcement Agency for Environmental Protection in Suzhou City, Jiangsu Province, ordered the company to suspend operations for rectification, imposed a fine of 299,200 yuan, and referred the responsible persons to the public security authorities for administrative detention.

4. Case of Chongqing Guohao Food Co., Ltd. for discharging water pollutants at a concentration exceeding the permitted level At 3:30 a.m. on June 29, 2021, the Comprehensive Administrative Law Enforcement Team for Ecological and Environmental Protection in Zhongxian County, Chongqing, conducted a special inspection as part of the 2021 environmental law enforcement campaign along the Yangtze River, Jialing River, and Wujiang River. During this inspection, it was found that Chongqing Guohao Food Co., Ltd. had obtained a wastewater discharge permit on December 7, 2018 (permit number: 91500233774864347T001X). At the time of the inspection, the company was in operation; however, the water discharged from its outlet into the municipal sewage network was turbid, dark gray in color, and had an unpleasant odor. Staff from the Zhongxian County Ecological and Environmental Monitoring Station immediately took samples of the wastewater for testing. The results showed that the chemical oxygen demand and suspended solids concentration of the wastewater discharged from the company’s main outlet were 537 mg/L and 622 mg/L respectively, both of which exceeded the limit values specified in the \"Emission Standards for Water Pollutants in the Meat Processing Industry\" (GB 13457-92) set out in its discharge permit, namely 500 mg/L and 400 mg/L. 　　The company’s aforementioned actions violate Article 17, Paragraph 2 of the Regulations on the Administration of Emission Permits, which stipulates that \"emission entities shall comply with the provisions of their emission permits, operate and maintain pollution control facilities in accordance with the requirements of ecological and environmental management, establish environmental management systems, and strictly control pollutant emissions.\" In accordance with Article 34, Item (1) of the Regulations on the Administration of Emission Permits, the Comprehensive Administrative Law Enforcement Team for Ecological and Environmental Protection in Zhongxian County, Chongqing, ordered the company to correct its illegal activities and imposed a fine of 200,000 yuan.

5. Shansxi Hardware Craft (Zhaoqing) Co., Ltd. in Zhaoqing City, Guangdong Province, failed to develop a self-monitoring plan and carry out such monitoring in accordance with the requirements set out in its pollution discharge permit. On August 19, 2021, officials from the Zhaoqing Environmental Protection Bureau and its Huaiji branch conducted a special “random” inspection to verify compliance with the pollution discharge permit regulations at this company. The company is mainly engaged in metal surface treatment and heat treatment processes, producing motor casings; it obtained a pollution discharge permit issued by the Zhaoqing Environmental Protection Bureau on June 25, 2020 (permit number: 91441224MA52BXRL12001P). During the on-site inspection, the company was in operation. The copy of the pollution discharge permit required companies to conduct regular self-monitoring of exhaust gases and wastewater, but this company failed to develop a self-monitoring plan or carry out such monitoring as required by the permit, nor did it disclose information regarding pollutant emissions as mandated. 　　The company’s aforementioned actions violate Article 19, Paragraph 1 of the Regulations on the Administration of Emission Permits, which stipulates that emission entities shall carry out self-monitoring in accordance with the provisions of the emission permits and relevant standards and specifications, and shall retain the original monitoring records. The retention period for original monitoring records shall not be less than 5 years,” and Article 23, Paragraph 1, which stipulates that “pollution discharge entities shall, in accordance with the requirements of the pollution discharge permit, publicly disclose information on pollutant emissions on the National Pollution Discharge Permit Management Information Platform. In accordance with items (5) and (7) of Article 36 of the Regulations on the Administration of Pollutant Discharge Permits, the Huaiji Branch of the Zhaoqing Ecology and Environment Bureau ordered the company to immediately correct its illegal activities and imposed a fine of 50,000 yuan.

6. Case of Hainan Zhongsheng Zixing Automobile Sales and Service Co., Ltd. in Haikou City, Hainan Province, failing to submit the report on the implementation of its pollution discharge permit as required On March 23, 2021, officers from the Haikou City Comprehensive Administrative Law Enforcement Bureau conducted a special inspection related to pollution discharge permits for that year, and discovered that Hainan Zhongsheng Zixing Automobile Sales and Service Co., Ltd. had not submitted the report on the implementation of its pollution discharge permit as required by regulations. The company obtained a waste discharge permit on June 28, 2020 (permit number: 914601000696856509001Q), which specifies the frequency and timing for submitting compliance reports. On-site inspections revealed that the company failed to submit its quarterly and annual emission permit implementation reports for 2020 on time. 　　The company’s aforementioned actions violated Article 29 of the Hainan Province Regulations on Pollution Discharge Permits, which stipulates that pollution discharge entities shall submit implementation reports in accordance with the requirements specified in the pollution discharge permit regarding content, frequency, and timing, so as to indicate whether their discharge activities, concentration levels, and actual amounts of discharge comply with the provisions of the permit. In accordance with Article 45, Item (1) of the Hainan Province Regulations on Pollution Discharge Permits, as well as Articles 3 and 9 of the Hainan Province Provisions on Guidelines for Administrative Penalties in Environmental Matters, the law enforcement officers from the Haikou Comprehensive Administrative Law Enforcement Bureau ordered the company to correct its illegal activities and imposed a fine of 23,000 yuan.

7. Case of Huafeng Coal Chemical Co., Ltd. in Shuangyashan City, Heilongjiang Province, for failing to keep accurate records of environmental management activities Huafeng Coal Chemical Co., Ltd. obtained a pollution discharge permit on December 28, 2017 (permit number: 9123050075867261XK001P). On April 6, 2021, when law enforcement officers from the Jixian Ecology and Environment Bureau in Shuangyashan City conducted a \"random inspection\" of this company, they examined the records related to the operation and maintenance of the automatic air pollutant monitoring equipment as well as the relevant operation logs. It was found that the company had failed to record the operating status of the equipment on March 16 and 21, indicating incomplete recording. Furthermore, the calibration of the equipment recorded on March 16 actually took place on March 13; there was a significant discrepancy between the actual time of operation and what was recorded, suggesting that the company failed to accurately document the operation and calibration of the equipment. 　　The company’s aforementioned actions violated Article 21, Paragraph 1 of the Regulations on the Administration of Emission Permits, which stipulates that emission entities shall establish a system for keeping records of environmental management, and shall record in detail, in accordance with the format, content, and frequency specified in the emission permit, the operation status of major production facilities and pollution control facilities, as well as the concentrations and amounts of pollutants emitted. In accordance with Article 37, Item (1) of the same regulations, the Jixian Ecology and Environment Bureau in Shuangyashan City ordered the company to correct its illegal practices, standardize its system for keeping environmental management records, fill in such records accurately, and imposed a fine of 5,000 yuan.

8. Case of Zheling (Dalian) Aquatic Food Co., Ltd. in Dalian City, Liaoning Province, failing to submit discharge information as required On July 16, 2021, officers from the Environmental Protection Bureau of Zhuanghe (North Yellow Sea Economic Zone) in Dalian conducted a special inspection related to discharge permits and discovered that Zheling (Dalian) Aquatic Food Co., Ltd. used fish fillets as raw materials to produce fish paste, with a daily production volume of around 3.5 tons. The company falls under the category of enterprises subject to registration management as listed in the “Catalogue for Categorized Management of Discharge Permits for Fixed Pollution Sources (2019 Edition”); however, it failed to register its discharge activities on the National Discharge Permit Management Information Platform as required. 　　The company’s aforementioned actions violate Article 24, Paragraph 3 of the Regulations on the Administration of Emission Permits, which stipulates that \"enterprises, institutions, and other producers and operators that are required to submit emission registration forms shall fill in information such as basic details, the destinations of pollutant emissions, the pollutant emission standards in effect, and the pollution prevention measures taken on the National Emission Permit Management Information Platform.\" The Ecological Environment Branch of Zhuanghe in Dalian City (North Yellow Sea Economic Zone), in accordance with Article 43 of the Regulations on the Administration of Emission Permits and Article 334 of the Dalian City Environmental Protection Administrative Penalty Discretion Guidelines, ordered the company to correct its illegal activities and imposed a fine of 10,000 yuan.

The relevant companies can be checked again