Debate vigorously
● Doctor of Chemistry:
"Based on my professional knowledge, I judged that these substances are non-toxic and harmless before being landfilled, and will not cause pollution."
It is identified that the soil mixture samples extracted from the pit contain acetone, ethyl acetate, dichloromethane and methanol, which belongs to the hazardous waste specified in the National Hazardous Waste List.
● Defence counsel:
"Toxicity is related to the dose of chemicals, and toxicity can only be produced when a certain dose is reached."
Court: "A variety of hazardous wastes are mixed with other substances, regardless of the content of toxic substances, the whole mixture can be identified as toxic substances."
● Defence counsel:
"The three pits dug are all in the factory and have not caused pollution outside the factory."
The court: "Land is a national resource. Even if it pollutes the land in its own factory, it also pollutes the land resources of the country."
Zhao Jun, the head of the chemical company, and his employees took the defendant’s seat because they dug three and a half meters of big pits in the factory more than a year ago. The prosecution accused them of dumping the waste liquid produced after production into a pit without anti-leakage measures, causing environmental pollution.
The trial debate was fierce and abnormal, and the defense lawyers all pleaded not guilty. After trial, the court held that the defendant’s behavior violated the provisions of Article 338 of China’s Criminal Law and constituted a crime of environmental pollution, and sentenced the defendant Zhao Jun to one year’s imprisonment, suspended for one year and fined RMB 20,000. The other two defendants were sentenced to six months’ imprisonment, suspended for one year and fined RMB 10,000.
event
The doctor of chemistry opened a factory.
Three pits were dug in the factory area to fill the waste.
In February 2017, Zhao Jun, as the actual person in charge of a chemical company, arranged for Wang Haitao, a manager, and Zhou Long, a worker of the company, to dig three soil pits without seepage control measures in the company’s factory area, with the pit sizes of about 3.8 cubic meters, 3.7 cubic meters and 2.7 cubic meters respectively.
Zhao Jun said that these wastes were produced when amino acids and potassium iodide were produced. Directed by Zhao Jun, Wang and Tuesday dumped the solid wastes such as activated carbon and diatomaceous earth produced in the distillation kettle of the company’s production line during the extraction and decoloration process with organic solvents, as well as some substances such as sludge and sewage cleaned in the sewage treatment tank in the factory into the pit and buried them.
After identification, the soil mixture sample extracted from the above-mentioned waste buried in the pit contains acetone, ethyl acetate, dichloromethane and methanol, which belongs to the hazardous waste specified in the National Hazardous Waste List. After re-excavation and weighing, the soil in the above three pits is about 18.39 tons.
On May 24, 2017, Pengzhou Environmental Protection Bureau investigated the company’s reported environmental pollution. The next day, Pengzhou Administrative Comprehensive Law Enforcement Bureau filed an investigation and found that it was suspected of a criminal offence. The bureau transferred the case to Pengzhou Public Security Bureau for investigation.
In the process of law enforcement, the investigators learned that Zhao Jun, the person in charge of the chemical plant, is a doctor of chemistry.
hear a case
Doctor: judging by professional knowledge, it is non-toxic and harmless.
Lawyer: There is no pollution outside the factory.
The case was heard publicly in Pengzhou Court on April 28th this year. During the trial, the prosecution suggested that Zhao Jun, the actual person in charge of the company, as a doctor of chemistry, should have a clearer understanding than normal people, and it is more difficult to find out in practice by digging a pit to bury pollutants.
Zhao Jun argued that water and solid industrial waste were dumped in the pit, which contained activated carbon, diatomite, sodium sulfate and sludge, and there were no toxic and harmful substances. "Based on my professional knowledge, I judged that these substances are non-toxic and harmless before being landfilled, and will not cause pollution." Zhao Jun explained, so he didn’t go to the landfill for testing.
"If it won’t cause pollution, why dig a pit for treatment?" The prosecution asked.
"It’s just temporarily stored there and will be taken out later." Zhao Jun responded, adding that "employees are standing in the pool when dealing with pollutants, but everyone has no physical problems until now."
In addition, the defense also believes that toxicity is related to the dose of chemicals, and toxicity can only be produced when a certain dose is reached. The defense also pointed out that the defendant did not evade law enforcement because the process of digging and burying did not hide others.
The prosecution countered: openly digging a pit and burying it, which just shows that it is more harmful.
At the stage of court investigation, the judge in charge, Zeng Yaolin, asked Zhao Jun that when he was questioned by the public security organ, he clearly stated that it was definitely a toxic substance. Why did he deny it in court? In this regard, Zhao Jun said that he had not been questioned for similar things before, because he was "frightened", he did not apply language organization and knowledge in place, and he was "not awake" when the public security organs answered.
During the court debate, the defense lawyer suggested that the three pits dug were all in the factory, which did not cause pollution outside the factory, and the site was located in an industrial park, so it was normal for these ingredients to be found in the soil.
The other two defendants in this case said: I don’t know what is in the waste liquid, I don’t know the environmental protection law, and I don’t know whether the disposed substances are harmful. All three defendants pleaded not guilty.
judgement
Stealing poison, no matter how much it is, is suspected of committing a crime.
The defendants were sentenced to six months to one year.
On May 23rd, Pengzhou Court pronounced a verdict on this case. After trial, the court held that the defendant’s behavior violated the provisions of Article 338 of China’s Criminal Law and constituted a crime of environmental pollution, and sentenced the defendant Zhao Jun to one year’s imprisonment, suspended for one year and fined RMB 20,000. The other two defendants were sentenced to six months’ imprisonment, suspended for one year and fined RMB 10,000.
Regarding the defense’s view that "toxicity can’t be discussed regardless of dosage, and low content can’t be considered as poison", judge Wang Li of this case told the reporter that the test report did not indicate the specific content, but it clearly stated that there are these wastes, as long as they are on the list of hazardous wastes, they are toxic substances. "According to relevant regulations, if a variety of hazardous wastes are mixed with other substances, regardless of the content of toxic substances, the whole mixture can be identified as toxic substances."
"It is easy to find garbage dumped on the road or in the fields, but it is not easy to find it if it is buried by seepage pits and underground wells, that is, to escape supervision, so the purpose of legislation is also here." Wang Li explained.
Wang Li said that the number of tons of contaminated soil is actually not the point of conviction. In 2016, Item 5 of Article 1 of the judicial interpretation of environmental pollution in Lianggao stipulates that discharging, dumping and disposing of radioactive waste, waste containing infectious disease pathogens and toxic substances by means of concealed pipes, seepage wells, seepage pits, cracks, caves, perfusion, etc. is an act of serious environmental pollution. "In law, this is a crime of behavior, not a crime of quantity. In other words, as long as toxic pollutants are discharged in hidden ways such as digging pits, regardless of the quantity, all crimes are involved, but the quantity can be considered when sentencing."
Regarding the defense’s view that "sewage in the factory has not polluted the public environment outside the factory", Wang Li said that land is a national resource, and even if it pollutes the land in its own factory, it also pollutes the land resources of the country. In addition, the possibility that toxic substances will penetrate outside the factory or even pollute the groundwater cannot be ruled out by taking this rough landfill method.
(Zhao Jun, Wang Haitao and Zhou Lun are all pseudonyms) Chengdu Business Daily reporter Zhu Haojie.
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