Environmental organization refers to 9.5 million fines to condone Zijin mining request administrative Reconsideration

November 2, Chongqing Green Volunteer Federation (hereinafter referred to as Chongqing Green Union) to the Ministry of Environmental Protection to submit the application for environmental public Welfare Administrative Review, the request to the Fujian provincial Environmental Protection Department to re-examine the investigation of evidence, strict application of the law, Zijin Mining Group Limited (Zijin mining) This July pollution tingjiang punishment. September 26, due to the leakage of copper-containing acidic solution caused tingjiang pollution in July this year, Zijin mining is located in Longyan Shanghang County, Fujian Province, Zijinshan Gold copper mine was requested by the Fujian Provincial Environmental Protection Office to take measures to eliminate pollution, and was fined 9.5 million yuan.　　It's the biggest environmental ticket ever made in China's polluting business. However, Chongqing Green Union director Wu Dengming told Caixin reporter, this administrative punishment existence flaw and improper, failed to strictly carry out "water pollution Control Law", "Tort liability Law", has used the method of the non-legalization to deal with the pollution accident old idea, is not enough to punish the malicious sewage enterprise and its executive team,　　is not enough to eliminate the damaging consequences of Tingjiang major water pollution accidents. Wu Dengming said that the reason why the Chongqing Green Union to apply for administrative reconsideration, mainly because the Environmental protection office of Fujian province, the decision on the punishment of the punishment is not accurate, "there is a car, cover up the illegal root suspicion." "Xia Jun, a lawyer at Beijing Chinese law firm, also said that the Zijinshan Gold copper mine under the Zijin mining industry does not actually have a corporate legal personality and cannot be simply identified as the main liability of Zijinshan Gold copper mine."　　When the pollution accident happened in Zijinshan Gold copper mine, it is necessary to punish the Zijin mining industry and apply the punishment directly to the Enterprise controller in order to fully reflect the original meaning of the legal provisions. In the administrative penalty decision Book of the Environmental Protection Department of Fujian province, the direct economic loss of the Tingjiang pollution incident is 31.8771 million yuan, which originates from the investigation report of fish death caused by pollution accident in Tingjiang basin by the fishery expert investigation team submitted by Fujian Ocean and Fisheries Department and the Economic Loss statistics of Longyan government Tingjiang "7.3" incident　　》。 However, the Chongqing Green Union questioned this, saying that it only for the vicinity of the villagers ' aquaculture loss estimates, not included in the downstream Guangdong province loss data. In fact, according to the relevant national standards, the direct economic loss of the pollution accident should cover the loss of natural fishery resources, not only the farmers.　　The relevant punishment should be implemented jointly by the Environmental Protection Department and the Fishery department, and comply with the Fishery law enforcement procedure.　　In Wu Dengming's view, the Fujian Provincial Environmental Protection Department simply adopted the evidence of the lower effectiveness of the expert investigation report, the punishment is not entirely scientific and professional. Chongqing Green Union's administrative reconsideration application pointed out that the Ministry of Agriculture, "Fishery water pollution accident investigation and processing procedures" requirements, the monitoring data issued by the Fishery Environment Monitoring station, the conclusion of the appraisal, or other qualified units issued by the identification certificate is the competent authorities to deal with pollution accidents basis.　　The accreditation body needs to hold a certificate of investigation and identification of fishery pollution accidents issued by the Ministry of Agriculture. The Environmental protection organization, which was registered in the Zhongqing Civil Affairs Bureau in 1995, withdrew the Zijin mining group's shares of the Fujian Provincial Environmental Protection Agency September 26Limited Company Zijin Gold Copper Ore administrative penalty decision book, or confirm that the specific administrative act is illegal. The environmental protection organization called on the Ministry of Environmental Protection to be ordered by the Department of Environmental Protection of Fujian province to re-examine the evidence, to make specific administrative acts, the Zijin mining as the punishment, the same amount of gold and copper ore fines, clearly put forward Zijin mining comprehensively eliminate the consequences of pollution damage rectification requirements,　　At the same time, according to the above 50% income from the unit in the previous year, the Zijin mining, Zijinshan gold and copper ore directly responsible for the executives and other direct responsibility of the fines, so as to avoid "corporate pollution, government governance, boss rich, people pay" this kind of abnormal phenomenon.　　Wu Dengming said that it is also necessary to increase the ecological environmental damage claims of rehabilitation measures, through civil procedure, to Zijin mining in accordance with the law of pollution and other costs. From July 2009 to August, the Chongqing Green Union had aimed at the long openings in the Jinsha River and the illegal construction administrative punishment of the hydropower station, applied for public welfare administrative reconsideration, received the Ministry of Environmental Protection and settled the case.