Huizhou
Hengchao Building Materials Co., Ltd.:
Unified Social Credit Code: 91441322 MAC56P9 524
Domicile: No.
32, Ximiantou Village Group, Dongkeng Village Committee, Luoyang Subdistrict Office, Boluo County, Huizhou City Legal Representative: Liu Chao
Identity No.: 4210221984 * * * * * * 2
I. Facts and Evidence
of Environmental Violations On December 25, 2023, our Bureau filed an investigation into the case that you (unit) were suspected of starting construction without submitting the environmental impact assessment documents of the construction project for approval in accordance with the law and that the supporting environmental protection facilities were put into production without acceptance. After investigation, you (unit) are located at No.32, Ximiantou Villagers Group, Dongkeng Village Committee, Luoyang Street Office, Boluo County, Huizhou City, mainly engaged in the production of gravel and pre-mixed concrete, with an investment of 10 million yuan. The dust generated in the production process is discharged after being treated by spray belt, fog gun and pulse dust removal facilities, and the cleaning wastewater is discharged into the sedimentation tank for sedimentation. The main production equipment includes 1 cement production line, 1 gravel production line, 12 fog guns and 3 mixer trucks. The main production process flow is: incoming material (rubble) → crushing → screening → mixing (adding cement, sand, etc.) → finished product. The main raw and auxiliary materials are: rubble, cement powder and sand. According to the contents of "XXVII. Non-metallic Mineral Products Industry 30, No.55 Gypsum, Cement Products and Similar Products Manufacturing 302" in the Catalogue of Classified Management of Environmental Impact Assessment of Construction Projects (2021 Edition), the environmental impact assessment category of your (unit) project belongs to the report form.
After investigation, it is found that you (unit) started construction without approval of the environmental impact assessment documents of the construction project according to law (the construction time is from July 29 to August 28, 2023) and put into production on September 5, 2023. It is an environmental violation for you (unit) to start construction without submitting environmental impact assessment documents for construction projects in accordance with the law and to put supporting environmental protection facilities into production without acceptance. On January 12,
2024, our Bureau issued the Decision on Ordering the Correction of Illegal Acts (Hui Shi Huan (Boluo) Violation [2024] No.6) to you (unit) for putting the supporting environmental protection facilities into production without authorization, and ordered you (unit) to correct the illegal acts within 60 days.
The above facts include the record of on-site inspection (investigation) on December 19, 2023 and the evidence of on-site photos (pictures, video data), the record of investigation and inquiry to the person in charge of your (unit) on December 29, 2023, the attached map of on-site inspection (investigation), the confirmation of service address, and the certificate of investment submitted by your (unit). Evidence such as the Decision on Ordering the Correction of Illegal Acts (Huishi Huan (Boluo) Violation [2024] 6) is used as evidence. The above-mentioned acts of
you (unit) violate the provisions of Article 25 of the Environmental Impact Assessment Law of the People's Republic of China and Article 19, paragraph 1, of the Regulations on Environmental Protection Management of Construction Projects. On April 15, 2024,
our Bureau served the Notice of Prior (Hearing) of Administrative Penalty (Huishi Huan (Boluo) Penalty Notice [2024] 37) to you (unit) by direct service, informing you (unit) of the facts of the violation, the basis of the penalty and the decision of the penalty to be made. And inform you (unit) of the right to state, defend and hear.
You (unit) did not apply for a hearing, and on April 22, 2024, you applied to our Bureau for a public apology promise of a lighter punishment, but so far you have not submitted the public apology promise to publish in the newspaper, which is deemed that you (unit) have waived the right to a public apology promise of a lighter punishment and a hearing.
2. The basis and types
of administrative penalties are based on Article 31, paragraph 1, of the Law of the People's Republic of China on Environmental Impact Assessment. Article 23, paragraph 1, of the Regulations on Environmental Protection Management of Construction Projects and Annex 1 of the Provisions on the Discretionary Power of Administrative Penalties for Eco-environmental Violations in Guangdong Province (No.7 of Guangdong Huanfa 2021). Our Bureau has decided to impose the following administrative penalties on you (unit):
1. A fine of one hundred and seventy-five thousand yuan (¥ 175) shall be imposed on the illegal act of starting construction without submitting the environmental impact assessment documents of the construction project for approval in accordance with the law. 000) (The calculation method of the amount of fine is: the starting point of discretion (20%), the report form (0%), the location of the construction project is in the general area (0%), the construction situation is in the production stage (15%), the duration of the illegal act is less than 3 months (0%), and the similar illegal act in the past two years is once (including this time, 0%). The calculated fine amount is 35% * 10 million * 5% = 175,000);
2. A fine of RMB two hundred thousand yuan (¥ 200,000) shall be imposed on the illegal act of putting the supporting environmental protection facilities into production without acceptance (the calculation method of the fine amount is: the starting point of discretion (20%), the report form (0%), the environmental protection facilities (completed, But failed to pass the acceptance or failed to pass the acceptance, 0%), the location of the construction project is in the general area (0%), the duration of the illegal act (less than 6 months, 0%), the same kind of illegal act in the past two years (including this time, 0%), the calculated fine amount is 20% * 1 million = 200000). A total fine of three hundred and seventy-five thousand yuan (¥ 375,000) shall be imposed for the
two items.
3. Within 15 days from the date of receipt of this decision,
you (the unit) shall collect the General Payment Letter of Non-tax Income of Guangdong Province from Area E (Window E01 to E06) on the 3rd floor of Building 1 of Boluo County Administrative Service Center with this decision. Pay the fine to the designated account at the designated bank with the General Payment Form of Non-tax Income of Guangdong Province (after paying the fine, the fourth copy of the payment receipt must be sent back to the original billing window for filing). 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) of Paragraph 1 of Article 72 of the Administrative Punishment Law of the People's Republic of China.
4. If you
(unit) refuse to accept this penalty decision, you may apply to the Huizhou People's Government for administrative reconsideration within 60 days from the date of receipt of this penalty decision, or you may bring an administrative lawsuit to the People's Court of Huicheng District of Huizhou City 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, initiate administrative prosecution or fulfill the penalty decision
within the time limit, our Bureau will apply to the people's court for compulsory execution according to law.
Address: No.3, Beimen Road, Luoyang Street, Boluo County & nbsp;
Tel: 6630801 & nbsp; Postal Code: Huizhou Ecological Environment Bureau
, 516100
May
24, 2024