Article source: Pengpai News · Pengpai Account · Government Writing: Huang Xueyu

The electroplating industry is a highly polluting industry. Establishing an electroplating processing plant without obtaining relevant procedures and causing environmental pollution in the production and operation process is an illegal and criminal act. So, if the factory building and electroplating equipment are directly rented out to others to open an electroplating processing plant and charge high rent, will the lessor be liable for legal consequences?

Recently, the Chao'an Court concluded a case of environmental pollution crime in accordance with the law, sentencing the defendant Guo Moudian to four months of detention and a fine of RMB 5000.

Case Review

It is reported that Guo Moudian had previously leased a factory located in Anbu Town, Chao'an District and purchased electroplating equipment, preparing to open an electroplating processing plant. In April 2017, the defendant Guo Moudian knowingly rented out the leased factory and idle electroplating equipment to his co defendant Li (who had already been sentenced) for the purpose of establishing an electroplating processing plant, even though he knew that Li had not obtained environmental protection procedures or production permits. Later, co defendant Li hired co defendant Zhu and five others (all of whom have been sentenced) to carry out electroplating operations in the factory. The wastewater generated was directly discharged into the sewage ditch without environmental protection treatment and flowed out of the external environment. In September 2017, it was jointly investigated and dealt with by the Chao'an Branch of the Chaozhou Public Security Bureau and the Chao'an District Environmental Protection Bureau.

After trial, the Chao'an Court found that

Guo Moudian knew that his accomplice violated national regulations by engaging in the production of toxic substances, but still illegally profited by providing production sites and equipment, and jointly committed the crime of discharging toxic substances, seriously polluting the environment. He is an accomplice of the accomplice's crime of polluting the environment, and his behavior has constituted the crime of polluting the environment. Therefore, the above judgment is made.

Judge reminds

Failure to timely and properly treat wastewater and exhaust gas during electroplating processing will cause significant pollution to the environment. Therefore, in the process of establishing high polluting enterprises such as electroplating plants, it is necessary to promptly handle relevant production permits or environmental protection procedures in accordance with national regulations. During the process of renting out factories or seeking job opportunities from high polluting enterprises, the general public should check the relevant qualifications of the enterprises, consciously resist and promptly report unlicensed and unlicensed high polluting enterprises, and not seek temporary benefits and put themselves in prison.