Illegal processing of waste oil harms the environment and faces severe punishment.
Compiled and organized from: Yuncheng County People's Court
Case review
In April 2020, the nationwide COVID-19 outbreak was initially brought under control, and various regions gradually resumed work and production. Li, who had been unemployed and staying at home, started thinking about finding a way to earn some money. However, Li was unwilling to do dirty or laborious work, and was only focused on making big, quick money. Upon hearing that recycling and processing waste engine oil could yield huge profits, Li decided to give it a try. Although waste engine oil can be recycled and reused through processing, this process requires expensive specialized equipment and complex procedures. Moreover, because waste engine oil contains carcinogenic substances like polycyclic aromatic hydrocarbons, the "Measures for the Administration of Hazardous Waste Business Licenses" clearly stipulate that only those who have obtained the corresponding administrative permit after review and inspection by national authorities can engage in this industry. Obviously, Li did not have this capability, but unwilling to miss this shortcut to getting rich, Li decided to illegally engage in the recycling and processing of waste engine oil.
An important step in engaging in the illegal processing and recycling of waste engine oil is to build a settling tank. In order to quickly achieve his dream of getting rich, Li built two settling tanks with a total capacity of over 100 cubic meters in an abandoned factory in Yuncheng County. By the end of April 2020, Li had refined his first batch of low-quality oil and illegally earned more than ten thousand yuan through its sale. Having tasted the benefits, Li immediately intensified the recycling of waste engine oil, and batch after batch of waste oil began to be transported to the factory. However, what Li did not expect was that his abnormal actions had already alerted the local residents. Upon receiving reports from the public, the local police station immediately arrested Li.
Measures for the Administration of Hazardous Waste Operation Permits
Article 2: Units engaged in the collection, storage, and disposal of hazardous waste within the territory of the People's Republic of China shall obtain a hazardous waste operation permit in accordance with the provisions of these Measures.
Article 3: The hazardous waste business license, according to the mode of operation, is divided into a comprehensive hazardous waste collection, storage, and disposal business license and a hazardous waste collection business license.
Units that have obtained the comprehensive operating permit for hazardous waste can engage in the collection, storage, and disposal business activities of various types of hazardous waste; units that have obtained the permit for hazardous waste collection operations can only engage in the collection and operation of hazardous waste generated from motor vehicle maintenance activities, such as waste mineral oil, and waste cadmium-nickel batteries generated from residents' daily life.
[1] Court Opinion
Recently, Li was prosecuted to the Yuncheng County People's Court for suspected environmental pollution. After trial, the Yuncheng County People's Court held that Li violated national regulations, illegally disposed of hazardous waste without a hazardous waste operation permit, and the consequences were particularly severe. His actions constitute the crime of environmental pollution, and he was sentenced to 1 year and 10 months of fixed-term imprisonment and a fine of 20,000 yuan according to the law.
During the trial, Li argued that his criminal behavior was not very harmful, did not cause a bad impact, and that subjectively he committed the offense occasionally only to provide a better material life for his children, and requested a lighter punishment. The court held that the above defense arguments were all unfounded.
[1] The author's perspective
First of all, the actions carried out by Li are extremely harmful. Waste engine oil itself is hazardous waste and contains a variety of carcinogenic substances. Li engaged in the illegal recycling and processing of waste engine oil without any pollution prevention measures. If discharged into water, 1 liter of waste engine oil can contaminate one million liters of freshwater. If it seeps into the soil, toxic substances can remain in the soil for decades or even hundreds of years. If it evaporates into the air, it can cause chronic inflammation in the human respiratory tract and lungs. By the time of his arrest, Li had illegally processed tens of tons of waste engine oil, causing enormous harm.
Secondly, Li argued that he wanted to provide a better life for his child, but this is not a reason for illegal activity, and it is evident that Li has a habit of shirking work and seeking easy gains, attempting to get rich through illicit and crooked ways, which clearly violates public order and good morals. Moreover, Li claimed that he wanted to give his child a better life, but if this illegal processing activity causes irreversible damage to the environment and the health of others, the lives of more children will not be able to be protected.
