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Announce Typical Cases! Foshan Cracks Down on Illegal Acts of Circumventing EIA Approval

Time：

2022-08-26

In order to effectively improve the awareness of pollutant discharge registration enterprises in fulfilling their main responsibility, and to reduce illegal and illegal behaviors such as enterprises' unauthorized lowering of pollutant discharge permit management levels and intentional evasion of EIA approval procedures, Foshan Ecology and Environment Bureau recently exposed a number of typical cases and played a leading role in demonstration and guidance of typical cases.

Case 1

A Plastic Product Company's "Non-exempt" Project was Fined for Failing to Submit an Environmental Impact Assessment

On March 29, 2022, the Shunde Branch of Foshan Ecological Environment Bureau conducted an on-site inspection of a plastic product enterprise in Xingtan Town, and found that the enterprise uses 11.92 tons of water-based coatings annually, which does not belong to the "Construction Project Environmental Impact Assessment Classification Management List (2021 Edition)" " (effective from January 1, 2021) in the "some industries that use non-solvent-based low VOCs content coatings of less than 10 tons per year can be exempted from EIA", the environmental impact assessment documents of construction projects should be submitted for approval but not submitted for approval.

The business violated
Article 25 of the "Environmental Impact Assessment Law of the People's Republic of China" stipulates that "the construction unit shall not start construction if the environmental impact assessment documents of the construction project have not been examined by the examination and approval department in accordance with the law or have not been approved after examination". According to the first paragraph of Article 31 of the Environmental Impact Assessment Law, the Shunde Branch of Foshan Ecological Environment Bureau made an administrative penalty decision on the enterprise based on 3% of the total investment of the construction project.

Case 2

A Plastic Product Company was Fined For Using High VOCs Solvent-based Coatings

On March 29, 2022, the Shunde Branch of Foshan Ecological Environment Bureau conducted an on-site inspection of a plastic product enterprise in Ronggui Street. The environmental impact assessment document of the enterprise clearly stated that the project was required to use low-VOCs paint (water-based paint), but the actual use For high VOCs solvent-based coatings, there is a situation of “inconsistent approval” in the EIA involving volatile organic compounds (VOCs).

The business violated
Article 46 of the "Air Pollution Prevention and Control Law of the People's Republic of China" stipulates that "industrial coating enterprises shall use coatings with low volatile organic content", in accordance with the provisions of Article 108 of the "Air Pollution Prevention and Control Law of the People's Republic of China" , the Shunde Branch of Foshan Ecological Environment Bureau imposed an administrative penalty decision on the enterprise with a fine of 35,000 yuan.

Enterprises should learn lessons from typical cases, conduct self-examination on their own behavior, strengthen the study of relevant laws and regulations, strictly abide by the provisions of the national environmental impact assessment approval and pollution discharge permit, and earnestly perform the main responsibility of ecological environmental protection.

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