Relevant personnel from Anhui and Zhejiang provinces colluded with each other to dump toxic and harmful industrial wastes from Zhejiang related enterprises in Wuhu City, Anhui Province, seriously polluting the environment 。 On December 4, this case, known as the "1.29" environmental pollution case of trans provincial illegal dumping of solid waste in Anhui section of the Yangtze River, was brought by the Procuratorate of Sanshan District, Wuhu City, Anhui Province. The court of Sanshan District, in the first instance, held 11 defendants and 2 defendant units criminally responsible, and also held them liable for environmental pollution tort damages.

The court of first instance finds out after hearing ， During the period from April 2017 to February 2018, the defendants Cao Guan and Hu Yubao went to Jiaxing, Hangzhou and other places in Zhejiang Province to contact the enterprises collecting industrial waste in order to seek illegal interests. They actively searched for dumping sites in Wuhu City, Anhui Province, and transported solid waste containing hazardous substances to Wuhu for illegal dumping. The total amount of illegal disposal of solid waste reached 7164 tons, It caused more than 4.25 million yuan of public and private property losses, more than 840000 yuan of appraisal fees, and more than 6.15 million yuan of ecological environment restoration costs. In addition, the defendant Hu Yubao also has the fact that dumping sludge with others pollutes the environment.

first instance The court held that, Defendants: Zhejiang Jiaxing Lvyi Environmental Engineering Co., Ltd., Hangzhou Wojie Property Management Co., Ltd., Cao Guan, Hu Yubao, etc Eleven defendants illegally dumped and disposed of hazardous solid waste in violation of national regulations, and Hu Yubao, the defendant, illegally dumped and disposed of toxic and hazardous solid waste in violation of national regulations. The acts of all defendant units and defendants constitute environmental pollution crimes and are joint crimes 。

According to the facts, nature and circumstances of the crimes committed by the defendant units and defendants and the degree of harm to society, The court of first instance sentenced Jiaxing Lvyi Environmental Protection Engineering Co., Ltd. and Hangzhou Wojie Property Management Co., Ltd. to fines of 4 million yuan and 7 million yuan respectively ； Sentencing Cao Guan, Hu Yubao, etc The 11 defendants were sentenced to fixed-term imprisonment ranging from five years and six months to one year and one month, and were fined from 200000 yuan to 20000 yuan. At the same time, the illegal gains of the defendants were recovered.

In the part of incidental civil public interest litigation, the court of first instance held that ， The above two defendant units and Cao Guan, Hu Yubao, etc The seven defendants illegally disposed of solid waste, causing environmental pollution damage and public and private property losses, damaging social and public interests, and should bear civil liability for infringement according to law. In addition, the environmental damage caused by the torts of the two defendant units and 11 defendants in this case, including the loss of the spiritual interests of the public in enjoying a beautiful ecological environment, should be acknowledged publicly and apologized to gain the understanding of the public, and at the same time play a certain deterrent and warning role to the environmental infringers.

Accordingly, the court ordered Cao Guan and Hu Yubao to jointly compensate for illegal disposal The public and private property losses and appraisal fees generated by 7164 tons of solid waste totaled more than 5.1 million yuan, and the ecological environment repair fees were more than 6.15 million yuan. The two defendant units were ordered to bear joint and several liability within the corresponding scope. The other five defendants bear joint and several liability for damages within the scope of their own damage consequences. At the same time, the court ruled that the above 13 defendant units and defendants publicly apologized to the society on the provincial news media of Anhui Province for their environmental pollution behavior. The content, media, layout and font of the apology must be reviewed by the court.

It is understood that during the trial of this case, the procuratorate of Sanshan District successively Two supplementary prosecutions were conducted for the criminal part, and additional prosecutions and change of claims were successively conducted for the incidental civil public interest litigation part.