Is it illegal to process aluminum powder?
Recently, random dumping of aluminum powder in our city has occurred frequently. Individual enterprises and personnel, for their own benefit, disregarded the safety of the ecological environment, organized random dumping of waste aluminum powder to pollute the environment; this seriously disrupted the normal production and living order of the broad masses of people, and had a greater impact on society.
Illegal aluminum powder processing is expressly prohibited by the state. If this behavior violates the Environmental Protection Law and other relevant legal provisions and constitutes a crime, criminal responsibility shall be investigated in accordance with the law. According to the provisions of Article 338 of the Criminal Law of the People’s Republic of China, who, in violation of national regulations, discharges, dumps, or disposes of radioactive waste, waste containing infectious disease pathogens, toxic or other harmful substances, which seriously pollute the environment, Sentence to fixed-term imprisonment of not more than three years or criminal detention, together with or a fine; where the consequences are particularly serious, fixed-term imprisonment of not less than three years but not more than seven years, and a fine. And in accordance with Article 1 of the "Interpretation of the Supreme People’s Court and the Supreme People’s Procuratorate on Several Issues Concerning the Application of Law in the Handling of Criminal Cases of Environmental Pollution" (hereinafter referred to as "Interpretation"), the implementation of the acts prescribed in Article 338 of the Criminal Law has the following circumstances: First, it should be deemed as "seriously polluting the environment": illegally discharging, dumping, or disposing of more than three tons of hazardous waste. The defendant Li XX illegally disposed of about 80 tons of hazardous waste, which constituted a crime of environmental pollution. After he was brought back to the case, he truthfully confessed the main criminal facts, pleaded guilty in court, and was given a lighter punishment. This case is the first criminal sentence of our court for the crime of environmental pollution after the implementation of the "Interpretation".
In order to strengthen both the symptoms and the root causes and effectively curb the phenomenon of random dumping of aluminum powder, the Municipal People's Government decided to carry out a special operation to crack down on illegal milling, aluminum smelting and other aluminum slag processing enterprises and dumping of aluminum powder at will. The announcement is as follows:
1. During the special operation, a comprehensive investigation of “scattered and dirty” enterprises that use aluminum slag as raw material for illegal grinding and aluminum smelting was found and one was banned, and was subject to the standards of “cutting off water and electricity, removing raw materials, removing products, and dismantling equipment” ban.
2. Once it is discovered that waste aluminum powder is dumped at will, the persons directly responsible for the organizers of dumping waste aluminum powder, industrial enterprises that illegally dispose of waste aluminum powder, transport vehicles that carry out dumping activities, etc., and other directly responsible personnel shall follow the "Environmental The relevant provisions of the Protection Law impose a fine; if the circumstances are serious, the public security organ shall impose a detention for not less than 10 days but not more than 15 days; if a crime is constituted, it shall be transferred to the judicial organ and the party concerned shall be investigated for criminal responsibility in accordance with the law.
3. Set up a 24-hour report telephone during the special operation.