National first case of illegal use of ODS criminal case verdict
Published Time：
2020-04-28
Recently, the first case in China of criminal punishment for environmental pollution crimes due to illegal use of ozone-depleting substances (ODS) was announced in Huzhou City, Zhejiang Province. The legal representative of Huzhou Deming He Thermal Insulation Materials Co., Ltd. (hereinafter referred to as "Minghe Company"), Qi Moumou, was sentenced to 10 months in prison for environmental pollution crimes by the local court for illegally using trichlorofluoromethane (CFC-11, commonly known as Freon) to produce polyalkylene ether polyols.
Recently, in Huzhou City, Zhejiang Province, the nation's first case involving the illegal use of ozone-depleting substances (ODS) resulting in environmental pollution and criminal punishment was concluded. Qi Moumou, the legal representative of Huzhou Deming Hehe Insulation Materials Co., Ltd. (hereinafter referred to as "Minghe Company"), was sentenced to 10 months imprisonment for environmental pollution by the local court for illegally using trichlorofluoromethane (CFC-11, commonly known as Freon) in the production of polyalkylene ether.
From June to August 2019, the Ministry of Ecology and Environment launched a nationwide special law enforcement operation on ODS, dispatching 11 working groups to conduct special inspections in key provinces and cities. During a surprise inspection of Minghe Company, the Zhejiang working group discovered anomalies in the company's raw material inventory records and repeatedly found records of CFC-11 on some handwritten production preparation slips. However, the company's environmental impact assessment approval document passed in 2017 clearly stated that it mainly used polyether polyol and HCFC-141b blowing agent to produce and sell polyalkylene ether. The Ministry of Ecology and Environment's Enforcement Bureau immediately transferred the clue that Minghe Company was suspected of illegally purchasing CFC-11 to produce polyalkylene ether to the local authorities and repeatedly guided and coordinated the handling of the case. The local government also attached great importance to this, immediately establishing a special task force and launching a joint investigation mechanism, with close cooperation among the public security, procuratorial, judicial, and environmental protection departments to fully investigate the case. With the concerted efforts of all parties, investigators overcame numerous difficulties and investigated the criminal fact that Minghe Company illegally purchased and used 849.5 tons of CFC-11 to produce polyalkylene ether in the past three years, and subsequently arrested four upstream CFC-11 suppliers, including Han Moumou, in Jiangsu, Henan, and Shandong provinces.
The case was recently concluded by the Deqing County People's Court. Minghe Company was fined 700,000 yuan for illegally using CFC-11 to produce polyalkylene ether, and more than 1.4 million yuan in illegal gains were confiscated. Qi Moumou, the legal representative of the company, was sentenced to 10 months imprisonment and fined 50,000 yuan for polluting the environment. This case is also the first case in the domestic polyurethane foam industry to date in which a prison sentence was imposed for the illegal use of ODS, fully demonstrating China's resolute attitude of "zero tolerance" towards illegal acts involving ODS.
The Chinese government has always attached great importance to the fulfillment of international environmental conventions and regards strict law enforcement as an important guarantee for consolidating the achievements of treaty implementation. In recent years, the Ministry of Ecology and Environment has continuously carried out special law enforcement operations on ODS, and by severely cracking down on illegal activities and exerting high-pressure deterrence, it has firmly upheld the global achievements in ozone layer protection. In the future, the Ministry of Ecology and Environment will continue to severely crack down on the illegal production, sale, and use of ODS, continuously strengthen supervision and management, and will investigate and deal with any illegal acts involving ODS without leniency.
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