|
|
|
No. 6 of Ten Model Cases of Environmental Resources Trials by the People's Courts for Guaranteeing the High-Quality Development of the Yangtze River Economic Belt: Public Welfare Case of Water Pollution between Environmental and Resource Protection Volunteers' Association of Yiyang City, Hunan Province and Hunan Linyuan Paper Industry Co., Ltd.
|
|
最高人民法院发布10起人民法院环境资源审判保障长江经济带高质量发展典型案例之六：湖南省益阳市环境与资源保护志愿者协会诉湖南林源纸业有限公司水污染公益诉讼案
|
|
|
|
No. 6 of Ten Model Cases of Environmental Resources Trials by the People's Courts for Guaranteeing the High-Quality Development of the Yangtze River Economic Belt: Public Welfare Case of Water Pollution between Environmental and Resource Protection Volunteers' Association of Yiyang City, Hunan Province and Hunan Linyuan Paper Industry Co., Ltd.
最高人民法院发布10起人民法院环境资源审判保障长江经济带高质量发展典型案例之六：湖南省益阳市环境与资源保护志愿者协会诉湖南林源纸业有限公司水污染公益诉讼案
|
|
|
|
|
|
|
| No. 6 of Ten Model Cases of Environmental Resources Trials by the People's Courts for Guaranteeing the High-Quality Development of the Yangtze River Economic Belt: Public Welfare Case of Water Pollution between Environmental and Resource Protection Volunteers' Association of Yiyang City, Hunan Province and Hunan Linyuan Paper Industry Co., Ltd. | | 最高人民法院发布10起人民法院环境资源审判保障长江经济带高质量发展典型案例之六：湖南省益阳市环境与资源保护志愿者协会诉湖南林源纸业有限公司水污染公益诉讼案 |
| [Basic Facts] | | 【基本案情】 |
Linyuan Paper Industry Company was located in the reed field of Luhu Lake in Yuanjiang City, Hunan Province. Upon treatment by environmental protection facilities, the waste water generated in the process of production was discharged to the Dongting Lake through the Caowei River. On October 17, 2016, Linyuan Paper Industry Company started the upgrading and transformation of pollution treatment facilities. On December 1 when the infrastructure of the aeration system was constructed, since there was a crack on the isolation plate caused by the high difference in hydraulic pressures of the aeration tank and the anaerobic tank, some waste water was spilled from the aeration tank to the waste water discharge pipelines of the former Luhu Paper Plant that have not been removed completely and flowed into the Caowei River. However, Linyuan Paper Industry Company failed to adopt such emergency measures as stopping the operation of machine, suspension of production, and limitation on discharge. On December 24, the isolation plate between the aeration tank and the anaerobic tank was suddenly broken and a large volume of waste water directly entered the Caowei River through the waste water discharge pipelines of the former Luhu Paper Plant and flowed into the Dongting Lake. On the same day, the Environmental Supervision Detachment of Yiyang City conducted an on-site investigation upon receipt of reports from the masses and took water samples in the inlet of the underground pipeline and the discharge outlet. The report showed that the COD, suspended solids, and total phosphorus suspended solids in the discharge outlet and the inlet of the underground pipeline (discharge outlet of non-treated waste water) all exceeded the prescribed standards. On the same day, Liyuan Paper Industry Company adopted the emergency measures of suspension of production and suspension of discharge and on December 5, after being removed, the waste water discharge pipeline of the former Luhu Paper Plant was blocked with concrete. In order to ensure the stable discharge of pollutants by reaching the prescribed standards, Liyuan Paper Industry Company initiated the construction of a new sewage treatment project. The Environmental Protection Volunteers' Association of Yiyang City filed a public welfare lawsuit and requested that Linyuan Paper Industry Company should be ordered to restore the factors causing water environmental pollution and bear the expenses for ecological environmental restoration (subject to the judicial expertise); and bear the pollution testing and inspection fees, assessment and identification fees, travel expenses, expert consultation fees, and case acceptance fees.
．．．．．． | | 林源纸业公司位于湖南省沅江市漉湖芦苇场，其生产过程中产生的废水经环保设施处理后通过草尾河排入洞庭湖。2016年10月17日，林源纸业公司开始对污染处理设施进行升级改造。12月1日，在修建曝气系统基建工程时，由于曝气池与厌氧池液位落差偏大致使隔离钢板出现裂缝，造成部分废水通过曝气池溢入未拆除完全的原漉湖纸厂废水排放管道进入草尾河。但林源纸业公司未立即采取停机、停产、限排等应急措施。12月4日，曝气池与厌氧池之间的隔离钢板突然断裂，造成曝气池液位上涨，致使大量废水通过原漉湖纸厂废水排放管道直接进入草尾河，流入洞庭湖。同日，益阳市环境监察支队得到群众举报后进行现场勘查，在暗管进口、排污口取水样检测，报告显示排污口和暗管进口（未处理废水排放口）化学需氧量、悬浮物、总磷悬浮物均超标。林源纸业公司于当日采取了停产、停排的应急措施，并于12月5日将原漉湖纸厂废水排放管道拆除后用混凝土封堵。林源纸业公司为确保排放污染物稳定达标排放，于2017年4月启动新污水处理项目建设。益阳市环保协会提起公益诉讼，请求判令林源纸业公司对污染的水环境要素进行修复，并承担生态环境修复费用（以司法鉴定为准）；承担污染检测检验费、评估鉴定费、差旅费、专家咨询费、案件受理费。
．．．．．． |
|
Dear visitor, as a premium member of this database, you will get complete access to all content.Please go premium and get more.
1. To become a premium member, please call 400-810-8266 Ext. 171.
2. Binding to the account with access to this database.
3. Apply for a trial account.
4. To get instant access to a document, you can Pay Amount 【￥200.00】 for your single purchase. | |
您好：您现在要进入的是北大法宝英文库会员专区。
如您是我们英文用户可直接 登录，进入会员专区查询您所需要的信息；如您还不是我们 的英文用户；您可通过网上支付进行单篇购买，支付成功后即可立即查看本篇内容。
Tel: +86 (10) 82689699, +86 (10) 82668266 ext. 153
Mobile: +86 13311570713
Fax: +86 (10) 82668268
E-mail:info@chinalawinfo.com
|
| | | | | | | | |
Scan QR Code and Read on Mobile
|
|
|
|
|
|
Message: Please kindly comment on the present translation.
|
|
|
|
|
|
|
|
|
Translations are by lawinfochina.com, and we retain exclusive copyright over content
found on our website except for content we publish as authorized by respective copyright
owners or content that is publicly available from government sources.
Due to differences in language, legal systems, and culture, English translations
of Chinese law are for reference purposes only. Please use the official Chinese-language
versions as the final authority. Lawinfochina.com and its staff will not be directly
or indirectly liable for use of materials found on this website.
We welcome your comments and suggestions, which assist us in continuing to improve
the quality of our materials as we dynamically expand content.
|
|
|
|
|
|