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Civil environmental public interest litigation by the People's Government of Chongqing Municipality and Chongqing Voluntary Service Development Center against Chongqing Property Management Co., Ltd. and Chongqing Environmental Protection Technology Co., Ltd. over ecology and environment damage compensation and environmental pollution

Country/Territory
China
Date
Dec 26, 2019
Source
UNEP, InforMEA
Court name
The First Intermediate People's Court of Chongqing Municipality
Judge
Qiu Xiaoyin
Jia Ke
Zhang Li
Reference number
Guiding case No.130
Language
Chinese
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.

Full text
CN_Chongqing Property Management Co., Ltd. and Chongqing Environmental Protection Tech.pdf
EN_Chongqing Property Management Co., Ltd. and Chongqing Environmental Protection Tech.pdf