首例！油罐車泄漏致環(huán)境污染，車隊(duì)、司機(jī)被判罰款596萬！
Source: Yongkang Zhongyi Manufacture & Trade Co., Ltd.Publication time：2022-08-13
The intermediate people's Court of Hanzhong City, Shaanxi Province publicly announced the civil public interest litigation case of environmental pollution liability between the plaintiff China Environmental Protection Federation and the defendant Yanchuan County's oil freight fleet, Bai and Gao, and decided that the defendant Bai should compensate the water and soil ecological restoration costs and service function loss costs of 5.96 million yuan, and the defendant Yanchuan County's oil freight fleet and Gao should bear joint and several liability. This case is the first inter provincial environmental pollution civil public interest lawsuit filed by a social organization in Shaanxi Province.
漢After trial, the intermediate people's Court of Zhongcheng city found out that at about 20:00 on March 22, 2016, the defendant Gao Fei drove a Shaanxi j35326 (Shaan j0637) oil tank truck from Shaanxi Province to Guangyuan City, Sichuan Province on national highway 108, and overturned in hejiafen village, Hanyuan sub district office, Ningqiang County, resulting in damage to the tank body, which eventually led to the leakage of about 20 tons of diesel oil (the tank truck was fully loaded with 28 tons, and the remaining 8 tons after the accident), and flowed into the Qianxi River along the hillside, highway and drainage ditch, And affect the water quality of Jialing River. After the accident, the governments of Guangyuan City and Chaotian District of Sichuan Province, as well as the governments of Hanzhong City and Ningqiang County immediately started the emergency plan for environmental accidents and organized a large number of human and material resources to carry out emergency disposal.
The two places take measures such as excavating cofferdams at the lower reaches of Qianxi River to intercept the pollutants, placing oil absorbent grass, cotton quilt, oil absorbent felt, oil absorbent pad and other oil absorbent materials to absorb the pollutants, and then recovering and disposing the oily wastewater and oil absorbent wastes to greatly reduce the environmental pollution caused by the leakage of diesel oil.
At the same time, dozens of water quality monitoring sampling points were set up to dynamically monitor the river water quality. After the accident, the peak concentration of petroleum pollutants in the polluted water flow reached 1970 mg / L, 39399 times higher than the standard. By March 28, 2016, the monitoring and analysis results of the monitoring points in the two places showed that the concentration of petroleum pollutants in the downstream water flow of the accident was stable and up to the standard. The governments of the two places respectively lifted the emergency state on March 28.
Experts estimate that the estimated base value of the ecological environment damage cost of the Qianxi river channel caused by this pollution incident is 975100 yuan to 1063700 yuan, the soil pollution repair cost is 1131800 yuan to 2181800 yuan, the ecological function loss cost of the Qianxi river is 195000 yuan to 319100 yuan, and the ecological service function loss cost of soil vegetation is 25000 yuan to 173700 yuan. The plaintiff, China Environmental Protection Federation, filed a lawsuit in this case, requesting that the defendant be ordered to compensate for the loss of ecological environment restoration and ecological function services in Qianxi River and Jialing River Basin caused by this accident.
Hanzhong intermediate people's court believes that human survival depends on the various services provided by the biosphere and its ecosystem. A balanced and healthy ecosystem provides effective ecosystem products and ecosystem functions for human survival and quality of life. Environmental damage compensation cases have the characteristics of complex infringement modes, complexity of infringement process, concealment and long-term consequences of infringement. It is not only necessary to implement the principle of liability for damage, but also pay attention to the application of civil liability such as ecological environment restoration and ecological service function loss.
In order to safeguard the public interests of the environment, the people's court initiated the expert assistant procedure according to its authority to assess the ecological restoration cost and the loss cost of ecological service function in the "3 · 22" incident. The experts adopted the virtual governance cost calculation method to estimate the value in combination with the actual existence of the pollutants discharged in the case and the actual situation of the natural restoration of the ecological environment, which conforms to the objective reality of the case and the relevant industry norms.
For the water and soil ecological restoration and service function loss costs of the pollution incident involved in the case, the water ecological restoration costs and service function loss costs are 4.8 million yuan according to the sensitivity coefficient of the environmental functional area of the incident site, the methods and conditions of emergency disposal at that time, the impact degree of diesel oil on water quality, and the fact that this accident is an accident, respectively, The cost of soil restoration and service function loss is 1.16 million yuan. Therefore, the above judgment was made according to law.