On June 23, the Bureau of Ecology and Environment of Liaoyang City, Liaoning Province, issued an administrative penalty decision to punish the environmental violations of Liaoyang Tieda Cement Co., Ltd.
The original text is as follows:
Liaoyang Ecological Environment Bureau Administrative Penalty Decision
Liaoyang City Huan Fa [2025] No.0
202 Liaoyang Tieda Cement Co., Ltd.:
Legal representative: Yao Jianxiang
Unified Social Letter Code: 91211000664568985T
Address: Shuangmiao Committee, Xiaotun Town, Wensheng District, Liaoyang City, Liaoning Province
Our Bureau investigated your unit on April 10, 2025. It is found that your unit has committed the following ecological environment violations:
due to the lack of meticulous management, the color steel plate on the east side of the stone powder warehouse is damaged and the sealing is not strict, resulting in the discharge of some dust and the dust covering the ground.
The above facts are proved by the following main evidences.
1. One record of on-site inspection (investigation) of ecological environment law enforcement in Liaoning Province, one record of investigation and inquiry of ecological environment law enforcement in Liaoning Province, and three photos of the scene were provided by the law enforcement officers of our Bureau on April 10, 2025, which proved that the color steel plate on the east side of the stone powder warehouse in your unit was damaged and not tightly sealed, resulting in some dust emissions. 1. The fact that the ground is covered with dust; 2. One copy of the business license, one copy of the identity card of the legal representative, one copy of the identity card of the principal, and one copy of the power of attorney, which are provided by your unit on April 10, 2025 to prove the fact that the administrative counterpart is the subject; 3. The national enterprise credit information publicity system inquired about a screenshot of your unit's publicity information, which was provided by the law enforcement officers of our Bureau on April 10, 2025, proving that your unit has not been subject to administrative penalties for violating the air pollution prevention and control management system within one year; 4. One copy of Tieda's employee roster and profit statement, provided by your unit on April 10, 2025, proving the fact that your unit's enterprise scale is small; 5. One copy of On-site Inspection (Investigation) Record and two photos taken on the site, provided by the law enforcement officers of our Bureau on May 9, 2025, proving the fact that your unit has comprehensively rectified and stopped illegal activities. The above actions of
your unit violate the provisions of Article 48, paragraph 2, of the Law of the People's Republic of China on the Prevention and Control of Atmospheric Pollution that "industrial production enterprises shall take measures such as sealing, enclosure, covering, cleaning and sprinkling to reduce the emission of dust and gaseous pollutants from the storage, transmission, loading and unloading of internal materials". On May 28, 2025,
our Bureau informed your unit of the right to state and defend with the Prior Notice of Administrative Penalty (No.2025 0202). Your unit has not submitted a statement and defense to our Bureau within the legal time limit.
According to Article 108, paragraph 5, of the Law of the People's Republic of China on the Prevention and Control of Atmospheric Pollution, "In violation of the provisions of this Law, enterprises such as iron and steel, building materials, non-ferrous metals, petroleum, chemical industry, pharmaceuticals and mineral mining have not taken measures such as centralized collection and treatment, sealing, enclosure, covering, cleaning and sprinkling to control and reduce dust and gas." The competent department of ecological environment of the people's government at or above the county level shall order correction and impose a fine of not less than 20000 yuan but not more than 200000 yuan; If it refuses to make corrections, it shall be ordered to stop production and rectify the regulations, and in combination with Table 25 of "Liaoyang Ecological Environment Bureau Refining Provincial Administrative Penalty Discretion Measures (Trial Implementation)", the guiding criteria for the discretion of Article 108, paragraph 5, of the Air Pollution Prevention and Control Law of the People's Republic of China "are" the degree of environmental impact "and" the specific conditions ". The degree of "failure to effectively control and reduce the discharge of pollutants due to sealing" and "taking measures but not effectively preventing", the percentage value is "5%"; the factor of "frequency of violation", the specific condition of "number of violations within one year", the degree of "first violation", the percentage value is "5%"; Element "rectification", specific condition "whether to complete rectification", degree "comprehensive rectification and stop illegal activities", percentage value "0%"; element "cooperation with investigation and evidence collection", specific condition "whether to cooperate with law enforcement investigation", degree "cooperation with inspection", percentage value "0%"; The factor "the degree of social impact or ecological damage", the specific condition "whether it causes social impact or ecological damage", the degree of "serious (3) level, Internet exposure but not strong response", the percentage value "15%"; With reference to the Measures for the Classification of Large, Medium and Small Micro Enterprises in Statistics (2017) (Guo Tong Zi [2017] No.213), combined with the number of employees and business income of your unit, the discretion factor is "economic affordability", the discretion factor is "small", and the discretion base is "-10%". The sum of percentage values: 5% + 5% + 0% + 0% + 15% -10% = 15%, the amount of fine = the sum of percentage values × the maximum statutory fine limit, that is, 15% × 200,000 yuan = 30,000 yuan, our Bureau decides to impose the following administrative penalty on your unit:
a fine of RMB 30,000 yuan only. The fine
shall be paid to the designated bank or through the electronic payment system within 15 days from the date of receiving the decision on this penalty. 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 unit refuses to accept this penalty decision, it may apply to the Liaoyang People's Government for administrative reconsideration within 60 days from the date of receipt of this penalty decision, or it may bring an administrative lawsuit to the Wensheng District People's Court of Liaoyang City within 6 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 litigation or fulfill the penalty decision
within the time limit, and fails to fulfill its obligations after being urged, according to the provisions of Article 54 of the Administrative Compulsory Law of the People's Republic of China, our Bureau will apply to the people's court for compulsory execution according to law.
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