A Silicon Material Enterprise in Guizhou Was Fined 400000 for Illegal Disposal of Hazardous Waste

On October 7, the Bureau of Ecology and Environment of Southwest Guizhou Province issued an administrative penalty decision to an enterprise mainly engaged in the recycling of silicon materials, silicon wafers and battery components.

It is reported that Zhenfeng County Jiankai New Energy

However, the company did not dispose of it in accordance with the normal compliance process. A total of 3.28 tons of waste acid plastic barrels were determined by the Bureau of Ecology and Environment

of Qianxinan Prefecture as ordinary waste , which violated Article 80, paragraph 3, of the Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste. Hazardous wastes are provided or entrusted to unlicensed units or other producers and operators for collection, storage, utilization and disposal activities. " Provisions". A fine of RMB 400000 was imposed on Jiankai New Energy and the illegal income of RMB 5000 was confiscated. According to

the data, Zhenfeng Jiankai New Energy Photovoltaic Electronic Technology Co., Ltd. was established in April 2017, and its main business includes manufacturing of photovoltaic equipment and components; sales of photovoltaic equipment and components; manufacturing of special electronic materials; sales of special electronic materials; Manufacturing of special equipment for semiconductor devices; sales of special equipment for semiconductor devices; solar power technology services; research and development of special materials for electronics; recycling of renewable resources (except for productive scrap metals) , etc. In the statement of major projects and key projects at the provincial and state level

in Zhenfeng County in 2021 (January-October), the above-mentioned projects involving illegal production are also included in the project, which is named Jiankai New Energy Photovoltaic Electronic Products Development Project in Zhenfeng County, with a total investment of 80 million yuan. Construction of recycling workshops and production lines for silicon wafers, silicon materials, SOG, solar energy and polysilicon ingots, slices and battery components. At the same time, the project table shows that the project was completed at that time.

The original text is as follows:

Qianxinan Ecological Environment Bureau Administrative Penalty Decision Book

Zhou Huan Fa [2023] No.7

Zhenfeng County Jiankai New Energy Photovoltaic Electronic Technology Co., Ltd.:

Unified Social Credit Code: 91522 325MA6DYGX25Q

Address: Longchang Industrial Park (Ningbo-Zhenfeng Emerging Industrial Park)

, Longchang Town, Zhenfeng County, Qianxinan Prefecture, Guizhou Province Legal representative: Wang Fangyi

, On May 24,

2023, when the law enforcement officers of the High-tech Zone Branch of the State Bureau of Ecology and Environment inspected the Quanhe Plastic Processing Plant in Yilong New Area, they found that there were a large number of gray plastic barrels piled up in the factory area, which were labeled with the word "nitric acid", and there were liquid residues in the barrels. According to the judicial appraisal of Guizhou Testing Technology Research and Application Center, the residual liquid in the barrels belongs to hazardous waste with corrosive characteristics. There are 2418 gray nitric acid barrels counted on the spot, which are measured as 3. After verification, the factory intends to break the nitric acid barrels into plastic particles.

After investigation, this batch of nitric acid barrels was produced in the production process of your company. According to your company's production process, in the pickling process, according to the cleanliness of the materials, put the silicon material into four different acid liquids (mixed in a certain proportion), such as nitric acid, hydrofluoric acid, hydrochloric acid and sulfuric acid, and the waste acid plastic barrel will be produced after the acid liquid is used up.

According to the "Three-in-one" Environmental Impact Report Form of Zhenfeng Jiankai New Energy Photovoltaic Electronic Product Development (Expansion) Project approved by the Ecological Environment Bureau of Qianxinan Prefecture on January 17, 2022, it is stated on page 55 that: "According to the National Hazardous Waste List (2021 edition), Waste acid liquor, sewage treatment sludge, waste ion exchange resin, waste acid plastic barrels and flake caustic soda packaging bags in this project are hazardous wastes, and their waste categories and waste codes are 'HW34 waste acid, 900-300-34', 'HW17 surface treatment waste, 336-064-17', 'HW13 organic resin waste, 90015 -13' respectively. 'HW49 Other Wastes, 900-047-49 ',' HW49 Other Wastes, 900-047-49 '.. Sewage treatment sludge, waste ion exchange resin, waste acid plastic barrels, flake caustic soda packaging bags and other hazardous wastes are classified and stacked in the hazardous waste temporary storage room (20 m2) after centralized collection, and entrusted to qualified units for disposal. The waste acid plastic barrels produced in your company's production process belong to hazardous wastes. Its waste category and waste code are'HW49 Other waste, 900-047-49 ', which should be entrusted to qualified units for disposal. After investigation and verification by the law enforcement officers of the

State Bureau, it was found that your company had committed the following environmental violations since August 2021:

your company measured 2418 waste acid plastic barrels (HW49 other wastes, 900-047-49) produced in the production process as 3.28 tons. Based on

the above illegal facts, there are 4 Records of On-site Inspection (Investigation) of Environmental Protection Law Enforcement in Guizhou Province, 13 Records of Investigation and Inquiry of Environmental Protection Law Enforcement in Guizhou Province, 9 Evidence Photos (including 3 Weighing List Photos), 3 Business Licenses, 3 Power of Attorney, 1 Certificate, 8 copies of identity cards of the parties concerned, and the number of copies. One copy of Judicial Appraisal Opinion of Guizhou Testing Technology Research and Application Center (No.06 of Guizhou Inspection Technology Department Appraisal Center [2023]), and one copy of Environmental Impact Report Form of "Three in One" for the Construction Project of Jiankai New Energy Photovoltaic Electronic Products Development (Expansion) Project in Zhenfeng County. One copy of the opinions of the Bureau of Ecology and Environment of Southwest Guizhou on the identification of waste acid plastic barrels belonging to hazardous wastes of Zhenfeng Jiankai New Energy Photovoltaic Electronic Technology Co., Ltd., one copy of the disposal of waste acid plastic barrels of Zhenfeng Jiankai New Energy Photovoltaic Electronic Technology Co., Ltd., and one copy of the hazardous wastes of Zhenfeng Jiankai New Energy Photovoltaic Electronic Technology Co., Ltd. One copy of Zhenfeng Jiankai New Energy Photovoltaic Electronic Technology Co., Ltd.-Hazardous Waste Material Recycling Account, one copy of Zhenfeng Jiankai New Energy Photovoltaic Electronic Technology Co., Ltd.-Guizhou Explosive Hazardous Chemicals System Account, and one copy of Zhenfeng Jiankai New Energy Photovoltaic Electronic Technology Co., Ltd.-Acid Purchase Statistical Table. One electronic voucher (part) for payment and transfer of WeChat shall be used as evidence. On August 11, 2023, the

State Bureau served the Notice of Prior (Hearing) of Administrative Penalty of the Ecological Environment Bureau of Qianxinan Prefecture (Zhou Huan Fa Gao Zi [2023] No.7) to your company, informing you of the illegal facts, the basis of punishment and the decision of punishment to be made, and clearly informing you that your company has the right to state, defend and hear. On August 15, 2023, your company submitted the Statement and Defense of Administrative Penalty to our Bureau, requesting mitigation of punishment according to law. After discussion and study at the administrative case review meeting held by the State Bureau on September 8, 2023, the statement and defense opinions put forward by your company, such as "your company cooperates with the investigation, voluntarily confesses the illegal acts that our Bureau has not yet grasped, actively rectifies and actively eliminates the hidden dangers of environmental safety", were adopted in accordance with the Administrative Punishment Law of the People's Republic of China. Agree to reduce the discretion range by 20% on the basis of the discretion formula stipulated in the Discretionary Benchmark of Administrative Penalty for Eco-environmental Protection in Guizhou Province to determine the amount of fines and mitigate the penalties for your company. If your company fails to apply for a hearing within the prescribed time limit, it shall be deemed that your company waives the right to a hearing.

2. The basis, type and discretion range

of administrative penalties The above actions of your company violate the third paragraph of Article 80 of the Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Wastes, which prohibits the provision or entrustment of hazardous wastes to unlicensed units or other producers and operators for collection, storage, etc. Utilization and disposal activities. The rules of.

According to Article 112 of the Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste, "In case of any of the following acts in violation of the provisions of this Law, the competent department of ecological environment shall order it to make corrections, impose a fine and confiscate the illegal income; if the circumstances are serious, it may be ordered to suspend business or close down with the approval of the people's government with the power of approval: … … (4) Providing or entrusting hazardous wastes to unlicensed units or other producers and operators to engage in business activities; Those who commit one of the acts mentioned in Items 3, 4, 10 and 11 of the preceding paragraph shall be fined not less than three times but not more than five times the required disposal expenses. If the required disposal expenses are less than 200,000 yuan, they shall be calculated as 200,000 yuan. With reference to the Discretionary Benchmark for Administrative Penalties for Eco-environmental Protection in Guizhou Province, The State Bureau has decided to impose the following administrative penalties on your company's illegal act of providing or entrusting hazardous wastes to unlicensed units or other producers and operators to engage in business activities:

1. Impose a fine of RMB four hundred thousand yuan only ( ￥400000).00 yuan);

2. Confiscation of illegal income of RMB five thousand yuan (5000)

. 3. The way and time limit

for the implementation of administrative penalty decisions shall be in accordance with the relevant provisions of the Administrative Punishment Law of the People's Republic of China and the Measures for the Implementation of the Separation of Fines and the Collection of Fines. Your company shall, within 15 days from the date of receipt of this administrative penalty decision, issue the Notice of Electronic Payment of Non-tax Revenue of Guizhou Provincial Government to the State Bureau, and pay the fine to the designated bank with the payment code generated on the notice. If the fine is not paid within the time limit, the State Bureau may, in accordance with the provisions of Article 72, paragraph 1, of the Administrative Punishment Law of the People's Republic of China, impose an additional fine of 3% of the amount of the fine per day.

IV. Ways and time limit

for applying for administrative reconsideration or instituting administrative litigation If your company refuses to accept this administrative penalty decision, it may apply for administrative reconsideration to the People's Government of Qianxinan Prefecture or the Department of Ecological Environment of Guizhou Province within 60 days from the date of receipt of this decision, or it may Institute administrative litigation to the People's Court within six months. When

applying for administrative reconsideration or instituting administrative litigation, the execution of the decision on administrative penalty shall not be suspended. If it fails to apply for administrative reconsideration within the time limit, nor to bring an administrative lawsuit to the people's court, nor to fulfill the decision on this penalty, the State Bureau will apply to the people's court for compulsory execution according to law. Ecological Environment Bureau

of Qianxinan Prefecture September 26

, 2023 Attachment: Penalty Amount Calculation Formula

(I) The fine

is based on Article 112 of the Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste "Violation of these Regulations" In case of any of the following acts, the competent department of ecological environment shall order it to make corrections, impose a fine and confiscate its illegal gains; if the circumstances are serious, it may be ordered to suspend business or close down with the approval of the people's government with the power of approval: … … (4) Providing or entrusting hazardous wastes to unlicensed units or other producers and operators to engage in business activities; Those who commit one of the acts mentioned in Items 3, 4, 10 and 11 of the preceding paragraph shall be fined not less than three times but not more than five times the required disposal expenses. If the required disposal expenses are less than 200,000 yuan, they shall be calculated as 200,000 yuan. The rules of. The statutory penalty amount is 60 to 1 million yuan, that is, the maximum amount of statutory penalty is 1 million yuan.

In combination with the relevant provisions of the calculation formula in the Administrative Penalty Discretion Benchmark for Eco-environmental Protection in Guizhou Province and the Administrative Penalty Discretion Table in the Annex:

1. "Illegal act": the discretion factor is "providing or entrusting hazardous waste to unlicensed units or other producers and operators to engage in business activities". 1. "The range of discretion is 50%";

2. "Quantity of hazardous waste": the range of discretion is 50% if the discretion factor is "more than 3 tons";

3. "Disposal cost": according to the price issued by Guizhou Zhongju Environmental Protection Co., Ltd. with the qualification of waste acid plastic barrel (HW49 other wastes, 900-047-49) in the province, the disposal cost is 13000 yuan/ton, and the required disposal cost is 3.28 × 1.3 = 4. According to the provision of 200,000 yuan, the disposal cost is 200,000 yuan.

4. After discussion and study at the administrative case review meeting held by our Bureau on September 8, 2023, the statement and defense opinions put forward by your company were adopted, and according to the relevant provisions of Article 32 of the Administrative Punishment Law of the People's Republic of China and the Discretionary Benchmark of Administrative Punishment for Eco-environmental Protection in Guizhou Province, the statement and defense opinions put forward by your company were adopted. It is agreed that the fine imposed on your company will be reduced by 20% on the basis of the amount of fine determined by the discretion formula of the Administrative Penalty Discretion Benchmark for Eco-environmental Protection in Guizhou Province. The amount of the

fine = [the sum of the percentage values of the discretion range * 60% + the range of heavier or lighter (mitigated) cases (0% -40%)] * the maximum statutory fine limit.

400000 yuan = [ (50% + 50%) × 60% – 20%] × 1000000 yuan.

(2) Illegal income

The company provided 2418 waste acid plastic barrels (HW49 other wastes, 900-047-49) produced in the production process, about 3.28 tons, to Wang Hong, an individual household without a hazardous waste business license, at a price of 0.85 yuan per kilogram. Illegal income is 5576 yuan, combined with the requirement of "the amount of fines is rounded up by thousands" in the Discretionary Benchmark of Administrative Penalties for Eco-environmental Protection in Guizhou Province, the illegal income is 0.

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