News:【Keywords】Administrative public interest litigation pre-litigation procedure, volatile organic compounds, industry rectification "Looking back"
【gist】
When handling administrative public interest litigation cases, the procuratorial organ conducts a comprehensive investigation of similar problems that commonly exist in a certain industry field, urges the administrative organ to carry out rectification, stops illegal activities, strengthens daily supervision, and promotes the transformation and upgrading of pollution control facilities in related industries.
【Basic case】
Volatile organic compounds (hereinafter referred to as VOCs) are important precursors for the formation of PM2.5 and ozone. They are photochemically active, and poor control can easily cause regional greenhouse gas pollution. Shilipu Town, Miyun District is a concentrated area of printing enterprises, and there is a problem that the VOCs treatment facilities are not up to standard. Among the printing enterprises in this town, 3 enterprises only use inefficient photo-oxygen catalytic waste gas treatment facilities, and 5 enterprises have non-methane total production sites. The concentration of hydrocarbons (referring to volatile hydrocarbons other than methane, which are a kind of VOCs) exceeds the standard. Relevant printing companies have violated Article 45 of the Air Pollution Prevention and Control Law and Article 27 of the Beijing Municipal Air Pollution Prevention and Control Regulations on the emission of volatile organic compounds, affecting the lives of the people and damaging the quality of the regional ecological environment.
【Performance of procuratorial duties】
The People's Procuratorate of Miyun District, Beijing (hereinafter referred to as the Miyun District Court) accepted relevant clues on February 9, 2021, and filed the case on March 2 after a preliminary investigation. During the investigation, the Miyun District Court carried out on-the-spot investigations in a timely manner, visited more than 10 enterprises, verified the situation with relevant personnel, collected opinions and suggestions from surrounding residents, comprehensively sorted out the problems existing in printing enterprises, and formed a list of problems. Actively carry out communication and discussions with relevant units such as the ecological environment department and the territorial government to understand the status quo of simple and inefficient VOCs treatment facilities and excessive emissions in printing companies, the cause of the problem, and the supervision and performance of relevant departments.
On March 22, 2021, the Miyun District People's Court issued a pre-litigation recommendation for administrative public interest litigation to the District Ecological Environment Bureau, advising it to fully perform its statutory supervision duties, investigate and deal with illegal pollutant discharges by printing companies within its jurisdiction, and ensure that corporate pollutants discharge up to standards. After receiving the procuratorial suggestions, the District Ecological Environment Bureau attached great importance to it, formulated a special law enforcement inspection work plan and a rectification plan for key industrial enterprises involved in volatile organic compounds emissions, and conducted comprehensive investigations and special inspections on 70 printing companies in the jurisdiction. The Academy of Sciences conducted an investigation and evaluation of the printing enterprises in the region, dismantled the printing production equipment of 5 enterprises and dismissed them, ordered 32 enterprises without printing production capacity to close down, and carried out technological transformation and upgrading of 33 enterprises. Formulated the "Interim Measures for the Administration of Subsidy Funds for VOCs Comprehensive Treatment and Transformation in Miyun District" to provide subsidies to printing companies that have passed the inspection and acceptance of the transformation. Through comprehensive inspection and monitoring, enterprises that violate laws and regulations will be severely punished, and enterprises will be promoted to meet emission standards. At the same time, enterprises will be organized to carry out industry training , actively publicize and guide, and promote high-quality development of enterprises.
From June 2021 to April 2022, the Miyun District People's Court will "look back" on the implementation of rectification work and the completion of upgrading and transformation of some printing companies. According to on-site visits, all 33 enterprises that have been upgraded and upgraded have passed the acceptance inspection. The air pollution control facilities of 2 bookbinding enterprises have been upgraded to activated carbon adsorption treatment facilities, and 31 packaging and printing enterprises have been upgraded to activated carbon adsorption and catalytic combustion treatment facilities . It meets the national printing industry air pollutant emission standards. Among them, a large-scale printing company has successively invested more than 3 million yuan in the rectification process to carry out sealing renovation and partial wind renovation, greatly improving the collection rate of front-end exhaust gas, and adopting "multi-stage filtration + adsorption concentration + catalytic combustion " mode, which greatly improves the purification rate of exhaust gas at the end. After upgrading and transforming the VOCs treatment facilities of the enterprise, the emission concentration of non-methane total hydrocarbons has been reduced to half of the emission limit in Beijing, reflecting the level of efficient pollution control.
【Typical meaning】
The procuratorial organs have promoted the development of duty performance from individual case handling to similar case supervision to systematic governance innovation in response to the common problems of VOCs treatment facilities not up to standard and illegal emission of waste gas in printing enterprises in the jurisdiction. Through case-by-case inspections and suggestions, we will promote the centralized rectification of the pollution discharge problems of printing enterprises, and form a good situation in which the procuratorial organs can actively perform their duties, the administrative organs will administer according to the law, and the enterprises will operate in compliance with the law. Actively carry out the work of "looking back" to ensure that problems are rectified and not rebounded, to help achieve synergies in pollution reduction and carbon reduction, and to promote the continuous improvement of ecological and environmental quality.