In June 2021, the procurator of the People's Procuratorate of Habahe County investigated the situation of a real estate company digging wells to exploit groundwater resources without authorization. Photographed by Correspondent Ma Ling
Do you know that these seemingly ordinary acts may touch the law? The reporter sorted out several water related cases around the masses in recent years, as a warning.
Penalty for abnormal operation of water pollution facilities!
In April 2020, when Urumqi Ecological Environment Bureau inspected a hospital, it found that its sewage treatment equipment did not operate normally, and there was no operation record of sewage treatment facilities.
As the hospital is suspected of abnormal operation of water pollution facilities, Urumqi Ecological Environment Bureau asked its legal representative, Mr. Yang, that the sewage treatment facilities of the hospital recognized by Mr. Yang did not operate normally. Urumqi Ecological Environment Bureau imposed a fine of 150000 yuan on the hospital and ordered it to rectify. The hospital refused to accept the punishment and sued to the court. After hearing, the court rejected his claim according to law.
Judge's hint
Abnormal operation of water pollution facilities, suspected of violating the law.
Article 39 of the Law of the People's Republic of China on the Prevention and Control of Water Pollution stipulates that it is prohibited to discharge water pollutants by evading supervision by using seepage wells, seepage pits, fissures, karst caves, setting up concealed pipes without authorization, tampering with or forging monitoring data, or abnormal operation of water pollution prevention and control facilities.
Article 83 (3) Where a person discharges water pollutants by evading supervision by using seepage wells, seepage pits, fissures or karst caves, setting up concealed pipes, falsifying or falsifying monitoring data, or improperly operating water pollution prevention and control facilities, the competent environmental protection department of the people's government at or above the county level shall order him to make corrections or to restrict production or stop production for rectification, And a fine of not less than 100000 yuan but not more than one million yuan; If the circumstances are serious, it shall be reported to the people's government with the power of approval for approval and ordered to suspend business or close down.
Stacking straw in the river, rectification!
In May 2022, the People's Procuratorate of Qitai County, together with the Water Resources Bureau of Qitai County and the governments of Djibouti Town and Biliuhe Town, discovered that there were accumulated straws and construction waste in the lower reaches of Xinhu River in Qitai County. It is understood that straw is the feed for nearby farmers to raise cattle and sheep, and construction waste is the waste from nearby houses. After the survey, about 7 mu of river course was illegally occupied. The Qitai County Procuratorate urged relevant functional departments to perform their duties according to law and rectify illegal river occupation.
Prosecutor's hint
Stacking straws and dumping garbage at the riverside is not only eye-catching, but also may violate the law.
Article 22 of the Flood Control Law of the People's Republic of China stipulates that it is prohibited to construct buildings and structures that impede flood discharge, dump garbage and muck, and engage in activities that affect the stability of river regime, endanger the safety of river banks and embankments, and other activities that impede flood discharge in river courses within the scope of management of river courses and lakes.
Article 55 stipulates that anyone who dumps garbage and muck within the scope of control for river courses and lakes, and engages in activities that affect the stability of river regime, endanger the safety of river banks and embankments, or other activities that hinder flood discharge in river courses, shall be ordered to stop the illegal act, remove the obstacles, or take other remedial measures, and may be fined not more than 50000 yuan.
In addition, deliberately blocking the river may also constitute a crime of breaking water.
According to Article 114 of the Criminal Law of the People's Republic of China, anyone who breaches the water without causing serious consequences shall be sentenced to fixed-term imprisonment of not less than three years but not more than 10 years. Article 115 stipulates that anyone who breaks a flood and causes serious injury or death to others or heavy losses to public or private property shall be sentenced to fixed-term imprisonment of not less than 10 years, life imprisonment or death.
Dig a well to get water without permission. Stop!
In June 2021, the People's Procuratorate of Habahe County carried out an investigation on the use of local groundwater resources, and found that some water using units and individuals failed to apply for water intake licenses and other licenses according to relevant regulations, failed to pay relevant taxes according to law, and the water taking unit did not install metering facilities.
In view of the problems such as the excessive exploitation of groundwater resources and the failure of relevant functional departments to effectively perform their regulatory responsibilities, the procuratorial organ initiated the pre litigation procedure of administrative public interest litigation and put forward reasonable rectification suggestions according to law. The local government has set up a special shift to carry out the protection of groundwater resources, installed metering devices for each water intake unit, monitored and tracked the water use in real time throughout the process, recovered the water resources taxes, and closed three wells that drew groundwater without authorization.
Prosecutor's hint
Taking over and digging deep wells for groundwater without permission are illegal.
Article 48 of the Water Law of the People's Republic of China stipulates that units and individuals who directly draw water resources from rivers, lakes or underground shall, in accordance with the provisions of the national water licensing system and the paid use system of water resources, apply to the water administrative department or river basin administrative agency for a water intake license, pay water resources fees and obtain the right to water. However, it is not allowed to take a small amount of water for family life, sporadic and captive livestock and poultry.
Article 69 stipulates that water is taken without approval; If a person fails to draw water in accordance with the conditions specified in the approved water drawing license, the water administrative department of the people's government at or above the county level or the river basin administrative agency shall, in accordance with their functions and powers, order him to stop the illegal act, take remedial measures within a time limit, and impose a fine of not less than 20000 yuan but not more than 100000 yuan; If the circumstances are serious, his water intake permit shall be revoked.
Tianshan.com - Xinjiang Legal Daily reporter Gu Xueli, Zhang Xiu, correspondent still needs to strengthen sorting
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