Recently, the Bureau of Ecology and Environment of Guichi District, Chizhou City, Anhui Province, issued a penalty notice because the environmental impact assessment report of the 30 MW photovoltaic power generation project in Meijie Town of Guoneng Shenwan Chizhou New Energy Co., Ltd. If construction is started without authorization, a penalty of 700000 yuan will be imposed.
The original text is as follows:
Wan Chi Huan (Gui) Fa [2023] No.15 (Guoneng Shenwan Chizhou New Energy Co., Ltd.)
Guoneng Shenwan Chizhou New Energy Co., Ltd.:
Unified Social Credit Code: 91341702MA8PG3NQ9 Q, legal representative: Tong Min, address: Puzhuang Village, Meijie Town, Guichi District, Chizhou City. After investigation and verification, our Bureau has concluded the examination of
your company's environmental violation case. On May 8, 2023,
our Bureau investigated your company and found that your company had committed the following illegal acts:
the environmental impact assessment report of your company's "Meijie Town 30 MW Photovoltaic Power Generation Project of Chizhou New Energy Co., Ltd." Was not approved, and the project started construction without authorization.
The above facts are proved by the following evidences:
1. One copy of the power of attorney, one copy of the business license, two copies of the resident identity card, one copy of the project commencement order, and two copies of the project filing form, proving the authorization and the business qualification of Guonengshen Wanchizhou New Energy Co., Ltd. Prove the identity of Tong Min and Bai Anping, prove the construction time of the project, and prove the total investment of the project.
2. One record of on-site inspection (investigation) on May 8, 2023 and three pieces of on-site photo evidence on May 8, 2023 prove that the project of "Chizhou New Energy Co., Ltd., Meijie Town 60 MW Photovoltaic Power Generation" of Guoneng Shenwan Chizhou New Energy Co., Ltd. has started construction. It proves that the company failed to provide relevant EIA formalities on site.
III. One record of investigation and inquiry on May 8, 2023, proving that the environmental impact assessment report form of "Chizhou New Energy Co., Ltd., Meijie Town 60 MW Photovoltaic Power Generation" project of Guoneng Shenwan Chizhou New Energy Co., Ltd. has not been approved and started construction without authorization.
IV. On May 10, 2023, Guoneng Shenwan Chizhou New Energy Co., Ltd. "Meijie Town 30MW Photovoltaic Power Generation Project of Chizhou New Energy Co., Ltd." 1 copy of filing form; on May 12, 2023, 1 copy of investigation and inquiry record; On May 30, 2023, Chizhou Municipal Development and Reform Commission issued a reply on the project change of Guoneng Shenwan Chizhou New Energy Co., Ltd.; On May 23, 2023, a third-party appraisal agency issued a Report on the Estimation of the Total Investment Amount of the Construction Project of Guoneng Shenwan Chizhou New Energy Co., Ltd., certifying the change of the project and the change of the total investment amount of Guoneng Shenwan Chizhou New Energy Co., Ltd.
V. One site inspection (survey) record on May 26, 2023 and one site photo evidence on May 26, 2023, proving that the construction of "Chizhou New Energy Co., Ltd., Meijie Town 60 MW Photovoltaic Power Generation Project" of Guoneng Shenwan Chizhou New Energy Co., Ltd. has been stopped.
6. One copy of the Confirmation of the Address for Service of the Party concerned, proving the accuracy and validity of the address for service and other information.
7. Two photocopies of the law enforcement certificate of the law enforcement officer, proving the identity and qualification of the law enforcement officer of our Bureau. The above-mentioned actions of
your company violate Article 25 of the Environmental Impact Assessment Law of the People's Republic of China, "If the environmental impact assessment documents of a construction project have not been examined or approved by the examination and approval department according to law, the construction unit shall not start construction." The provisions of.
In accordance with the first paragraph of Article 31 of the Environmental Impact Assessment Law of the People's Republic of China, "If a construction unit fails to submit an environmental impact report or report form for approval of a construction project in accordance with the law, or fails to re -submit an environmental impact report or report form for re-examination in accordance with the provisions of Article 24 of this Law, it shall start construction without authorization." The competent administrative department of environmental protection at or above the county level shall order the suspension of the construction, impose a fine of not less than 1% but not more than 5% of the total investment of the construction project according to the circumstances of the violation and the harmful consequences, and may order the restoration of the original state; the persons directly in charge of the construction unit and other persons directly responsible shall be given administrative sanctions according to law. If a construction unit starts construction without approval of the environmental impact report or report form of a construction project or without the re-examination and approval of the original examination and approval department, it shall be punished and punished in accordance with the provisions of the preceding paragraph. According to the provisions of Chizhou City Ecological Environment Administrative Penalty Discretion Benchmark Provisions (Trial Implementation), Table 1 of the Discretion Standard for Unapproved Construction. After discretionary calculation, the penalty amount is 1.155 million yuan.
According to Article 8 of the Regulations on the Discretionary Benchmark of Administrative Penalties for Ecological Environment in Chizhou City (Trial Implementation), "According to the actual situation of the city's economic development level, support services to do a good job of" six stability "and implement the task of" six guarantees ", reduce the statutory maximum amount of fines by 10% in the amount of fines adjudicated by the Discretionary Table, and reduce the amount of fines adjudicated by the Discretionary Table. And the adjusted amount of the fine shall not be less than statutory minimum amount of the fine. In this case, the amount of fines awarded by the discretion table is reduced by 10% of the statutory maximum amount of fines, and the amount of penalties is 805000 yuan. On June 8,
2023, our Bureau issued a prior (hearing) notice of administrative penalty to your company (Wan Chi Huan (Gui) Penalty Notice [2023] No.7), informing your company of the right to state, defend and hear. Within 5 days, if our Bureau has not received any materials from your company for hearing, it shall be deemed that your company has waived the right to hear. On June 12,
2023, your company applied to our Bureau for a statement and defense and a lighter punishment. After review, your company's statement and defense are true.
According to Article 11, paragraph 1, of the Provisions on the Discretionary Benchmark of Administrative Penalties for Ecological Environment in Chizhou City (Trial Implementation), "In any of the following circumstances, a lighter punishment shall be imposed:.." (4) Actively taking corrective measures to actively eliminate or mitigate the consequences of environmental hazards "and paragraph 2" in cases that conform to the situation of lighter punishment, the reasons shall be explained at the time of discretion and, after collective discussion, the amount of fines shall be reduced on the basis of the amount of fines adjudicated by the discretion table, but generally not exceeding the statutory maximum. And the amount of the fine after the lighter punishment shall not be less than statutory minimum amount of the fine. The provisions of. After collective discussion, our Bureau has given your company a lighter punishment, with a lighter proportion of 10%. The amount of the fine is the statutory minimum fine of 700000 yuan.
To sum up, our Bureau has decided to impose the following administrative penalty on your company:
a fine of RMB seven hundred thousand yuan (¥ 700000.00).
It shall be paid to the designated bank and account within 15 days from the date of receiving the penalty decision (receiving bank: Chizhou Jiuhua Rural Commercial Bank Account name: Chizhou Guichi District Finance Bureau Account number: 20000173366 910300000106). If the fine is not paid within the time limit, our Bureau may impose an additional fine of 3% of the amount of the fine per day in accordance with the provisions of Item 1, Paragraph 1, Article 72 of the Administrative Punishment Law of the People's Republic of China. If
your company refuses to accept this penalty decision, it may apply to the Chizhou Municipal People's Government for administrative reconsideration within 60 days from the date of receipt of this penalty decision, or bring an administrative lawsuit to the People's Court of Guichi District within 6 months. If it fails to apply for administrative reconsideration, initiate administrative litigation or fulfill the penalty decision
within the time limit, our Bureau will apply to the People's Court of Guichi District for compulsory execution according to law.
Chizhou Ecological Environment Bureau
August 12
, 2023
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