The company was fined 200,000 yuan for illegal use of oil-based paint!

Global Paint Network News: Recently, during the special inspection of pollution discharge permit holders by law enforcement personnel of Shanghai Fengxian District Ecological and Environmental Bureau, they found that an enterprise mainly engaged in the production of exhibition and display cabinets was spraying painting operations on site, and law enforcement personnel used VOCs for rapid detection, and found that the detection data of natural volatile VOCs in the ready-to-use state of paint was 2044mg/m3
。 Law enforcement officers suspected that the company was suspected of using oil-based paint, and found empty barrels
such as thinners and curing agents stored in the paint booth.

It was confirmed that the company used oil-based paint.

By checking the EIA of the enterprise, the content of the approval was "water-based paint for spray painting", and the actual production of the enterprise was inconsistent with the content of the EIA approval, involving the illegal act
of "investing before inspection".

The enterprise's failure to accept the enterprise violated the provisions of the first paragraph of Article 19 of the Regulations on the Administration of Environmental Protection of Construction Projects, and in accordance with the provisions of the first paragraph of Article 23 of the Regulations on the Administration of Environmental Protection of Construction Projects, the enterprise was issued a Decision on Ordering Correction of Illegal Acts
.

(1) Analysis of the facts of the case

During the on-site law enforcement process, fixed witness testimony; Check the company's EIA approval to clarify the production process; Access the company's spray painting raw materials in and out of the warehouse account and purchase order; View the outbound records and orders of enterprise products; Calculate the disposal of hazardous waste of the enterprise, calculate the amount of raw materials used through the disposal volume of empty barrels, and confirm the use and amount of paint in the factory area; Check the inventory and production date of raw materials in the paint warehouse, and check the authenticity
of the raw material entry and exit ledger.

During the inquiry stage, fully listen to the company's statement and defense, and obtain the chemical safety instructions and test reports of the spray paint raw materials, all of which prove that they are oil-based paints; The company admits to the illegal use of oil-based paint without permission
.
Through direct evidence such as on-site photos, witness testimony, purchase orders, and supporting evidence such as hazardous waste disposal, contracts, and inventory, the evidence is sufficient and detailed, and a complete evidence chain
can be formed between the evidence.

(2) Applicable Law

In this case, the actual use of oil-based paint in the EIA of the enterprise's EIA violated the first paragraph of Article 19 of the Regulations on the Administration of Environmental Protection of Construction Projects, which stipulates
that it cannot be put into production or use without experience.
According to the first paragraph of Article 23 of the Regulations on the Management of Environmental Protection of Construction Projects, it was ordered to make corrections within a time limit and fined 200,000 yuan
.

(3) Law enforcement error-prone points and demonstration points

Such illegal acts are relatively hidden, some enterprises use water-based paint and oil-based paint mixed, and there is no mark on the empty barrel, which is difficult for law enforcement personnel to judge, testing the ability of law enforcement personnel to find problems and the degree of care in
law enforcement.
The error-prone point in this case is whether the water-based paint to oil-based paint is a new project? Since the waste gas treatment device of water-based paint cannot effectively absorb the exhaust gas of oil-based paint, resulting in a significant increase in actual pollution, it is put into production without the completion of supporting environmental protection facilities, and the above acts need to be re-approved for EIA
.

After discovering illegal acts, they patiently publicized and interpreted relevant laws and regulations to enterprises, and actively guided and urged enterprises to correct illegal acts
.
The company has changed all oil-based paint to water-based paint, and for water-based paint that cannot meet customer requirements, it will be shipped back for assembly after outsourced spraying; Establish a water-based paint toning center, and work with paint manufacturers to overcome the problems in the use of water-based paint, and achieve the purpose of
promoting standardized production with inspection and promoting rectification and improvement with punishment.

Considering the reality that under the influence of the epidemic, the business difficulties of enterprises, and the rectification situation is in line with the mitigating situation, according to the second paragraph of Article 10 of the Shanghai Provisions on the Discretionary Standards for Administrative Penalties for the Ecological Environment, the amount of the penalty is adjusted from RMB 310,000 to RMB 200,000, which reduces the economic burden of enterprises, embodies the spirit of punishment of leniency and severity and excessive punishment, creates a good business environment, maintains the strength, reflects the "temperature", and promotes the law-abiding operation
of enterprises.