Title in original language
重庆市人民政府、重庆某志愿服务发展中心诉重庆某物业管理有限公司、重庆某环保科技有限公司生态环境损害赔偿、环境污染民事公益诉讼案
Original language

Chinese, Simplified

Country
China
Date of text
Status
Decided
Court name
The First Intermediate People's Court of Chongqing Municipality
Reference number
Guiding case No.130
Tagging
Licences, Property, Valuation of damage, Water Pollution, Damages, Administrative, Civil, Contract, Permits
Justice(s)
Qiu Xiaoyin
Jia Ke
Zhang Li
Abstract

A Property Management Company contracted with an Environmental Protection Company for the Environmental Protection Company to dispose of wastewater from an industrial park (containing several electroplating enterprises), using wastewater disposal equipment owned by the Property Management Company. Law enforcement officers of the Chongqing Municipal Environmental Supervision Corps found that neither the two total chromium reactors nor one integrated reactor facility in the wastewater disposal station was operational, and that wastewater containing heavy metals was being discharged into the external environment without disposal.

The Chongqing Municipal Environmental Supervision Corps fined the Property Management Company, and the Company applied for administrative review of the fine before Chongqing Municipal Environmental Protection Bureau which reaffirmed the penalty. Subsequently, the Property Management Company filed an action with the Primary People's Court of Yubei District of Chongqing Municipality, requesting to overturn the administrative penalty decision and the administrative review decision. The Primary People's Court of Yubei District of Chongqing Municipality reaffirmed the administrative judgment.

Alongside this, the People's Procuratorate of Yubei District of Chongqing Municipality initiated a public prosecution before the Primary People's Court of Yubei District of Chongqing Municipality, accusing the Environmental Protection Company of pollution. The Company and Cheng et al were found guilty of the offence.