The People's Court of Nanhai District made history with a ruling on Thursday that sentenced three men to prison for their involvement in a major environmental pollution incident.
The court issued a verdict imposing prison terms of one to three years and fines on the defendants convicted of illegally dumping toxic waste from Zhongshan into Danzao Town in Guangdong Province.
This is the first major environmental pollution incident in Foshan that has required a judicial settlement. In the past, pollution incidents were dealt with by environmental protection authorities through administrative procedures.
An environmental amendments to China's criminal code in 1997 punishes those who causes serious pollution of land, water or the atmosphere, including disposal of waste containing radioactive material, pathogens of contagious disease, poison or other hazardous material that causes severe damage to public or private property or causes death or personal injury.
The penalty is up to three years imprisonment and a fine. Up to seven years imprisonment can be imposed in the most serious cases.
Early on the morning of April 18, 2007, students and faculty members at Xinnong Primary School in Danzao began to experience adverse effects from an offensive smell in the air. Two students experienced chest pain and began vomiting after inhaling the noxious air. The school closed the day following the incident.
Officials who were sent to the site to investigate found that someone had discharged a dark liquid waste from a nearby village.
Records show that three men surnamed Su, Jiang, and Guo had illegally dumped an oil dreg containing hydroxybenzene inside Danzao six times from January to April 2007. The waste has caused grave pollution in Danzao which has resulted in direct economic losses of about 1.1 million yuan.
Su, lacking a permit to dispose toxic waste, reached an oral agreement with Ti Yi Company in Dongfeng Town to dispose of the company's waste by November 2006. He later employed Jiang and Guo as his drivers, and they later joined him in dumping the waste.
Concerning the 1.1 million yuan economic losses, the Court said the three convicts will be forced to assume responsibility for any compensation claims. Details of the case would determine whether the Tian Yi Company should take joint responsibility.
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