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Pollution in a river in south China’s Guangxi Zhuang Autonomous Region has caused a stir. Fengkai County authorities in neighboring Guangdong Province reported thallium and cadmium contamination in the Hejiang River on July 6. Fengkai is downstream from Guangxi’s Hezhou City. Dead fish has been seen floating in the river since July 1. Authorities prohibited about 30，000 Fengkai residents from using river water for three weeks， and tens of millions more in the Pearl River Delta were put on alert.
An initial investigation found mining firm Huiwei Ore Processing Co. had discharged contaminated water into the upper reaches of the river， local police revealed on July 8.
Police found that the mining complex， which passed an environmental assessment in February 2008， had been illegally extracting indium， a rare metal used in alloys， electronics and electroplating. The thallium and cadmium effluents were byproducts of indium extraction.
Huiwei company’s head was taken into police custody for further investigation. Five local officials were also suspended from their posts for failing to prevent the contamination.
Hezhou Mayor Bai Xi said in a written apology released on July 9 that loopholes in his government’s environmental protection led to the river contamination.
The Huiwei incident is only the most recent of a string of pollution scandals caused by illegal discharges by companies and poor management by local authorities. Their frequency stems from loose environmental protection laws and meager punishments for companies that violate， said Zhang Quan， Director of the Shanghai Environmental Protection Bureau.
“Companies are knowingly discharging pollutants on land and in water，” Zhang said during a local radio program. “Those responsible for such crimes should be severely punished by law， but in reality， the cost of breaking the law is quite low.”
The comments came after Shanghai Tengfei Trade Co. was found guilty of dumping waste oil into the Dianpu River in Shanghai’s Qingpu District in April， which caused major environmental pollution problems and cost authorities some 380，000 yuan （$62，000） to clean up.
Despite the company’s general manager receiving a year in jail and a 100，000-yuan（$16，000） fine for his responsibility in the crime， the company was not penalized. District prosecutors suggested industry and commerce authorities sue the company 50，000 yuan（$8，000） over the incident—still a small sum for the heavy damage. Harsher punishments
On July 8， the Ministry of Public Security （MPS） published the latest results of investigations into environmental pollution. It said that police have made enormous strides in prosecuting and punishing violators. Police have finished 112 environmental pollution investigations since January， the ministry said.
in May eight suspects from ore processing plants in southwest China’s Yunnan Province have been arrested for allegedly discharging toxic wastewater and tailings into a local river. Police investigated the case after local media outlets reported that river water had turned milky white. A police investigation confirmed that the pollution had affected nearby farm. Thirty-eight suspects from 31 electroplating workshops in north China’s Hebei Province were arrested for discharging unprocessed wastewater containing acids and heavy metals into local rivers and underground waterways. Four suspects were arrested in central China’s Hunan Province for dumping 480 tons of toxic wastewater into the local sewage system.
There have also been breakthroughs in investigations into other cases， the MPS said. Most cases involved mining or petrochemical factories. Some large factories discharged toxic substances directly into the environment， while others used intermediaries to illegally sell toxic waste to companies or individuals who were not qualified to process it.
Early this year， the MPS launched a nationwide campaign against environmental crimes. In an effort to address pollution， China’s top judicial and procuratorial bodies issued a new judicial interpretation for laws on criminal cases related to environmental pollution on June 18.
Jointly released by the Supreme People’s Court （SPC） and the Supreme People’s Procuratorate （SPP）， the new document offers detailed standards for the conviction and sentencing of criminals involved in environmental cases. It took effect on June 19.
The latest interpretation lowers some benchmarks for conviction compared with a previous one released in 2006， which means more polluters will be targeted， according to SPC spokesman Sun Jungong.
The legal interpretation states that a person can be held criminally liable if he or she is responsible for pollution that seriously injures a person， while the previous benchmark said that the pollution must have resulted in death. Pollution activities which force the evacuation of over 5，000 people or poison more than 30 people will be defined as crimes， according to new stipulations. The latest interpretation has added new activities as criteria for the crime of impairing the protection of the environment and resources.
For instance， discharging or dumping radioactive， infectious or toxic waste into sources of drinking water or nature reserves will be prosecuted as a criminal offense rather than a merely regulatory or civil legal affair.
Sun explained that the new criteria would convict the offenders not only for the damage they do but also for the practice of polluting.
According to China’s Criminal Law， those convicted of such crimes will face a maximum prison term of seven years plus fines.
“This is a sign of progress of the Chinese judiciary in fighting against environmental pollution， as it can prevent pollution from the beginning by giving potential polluters a warning，” said Wang Jin， an environmental law professor at Peking University.
Chinese law previously lacked a clear stipulation on what activities could result in such criminal charges， said Hu Yunteng， Director of the SPC’s Research Department.
Han Yaoyuan， Deputy Director of the SPP’s Research Department， said that prosecutors will also pay attention to investigating the criminally negligent behavior behind environmental pollution crimes.
“Prosecuting departments at every level will investigate the cases involving turning a blind eye toward pollution or making fines instead of making criminal punishment，” he said.
An updated law
In late June， a draft amendment to China’s Environmental Protection Law was also deliberated by the national legislature to include harsher punishments for polluters.
The draft was submitted for the second reading to the bimonthly session of the Standing Committee of the National People’s Congress （NPC）， which was held on June 26-29. The attempt to amend the Environmental Protection Law was considered an important part of the country’s comprehensive efforts to conserve resources and curb pollution.
The law has not been revised since it took effect in 1989. However， over the past two decades， the country has faced worsening pollution problems and the public has become less tolerant of environmental hazards.
The draft imposed harsher punishments for polluters and highlighted the public’s right to know and participate， compared with the version that was put on the table for first reading in August last year. It proposed the imposition of severe financial penalties on polluting companies. Dumping sewage and failing to modify discharge and emissions to meet national standards， will subject companies to fines based on an increasing daily rate， the draft stipulated. The current law stipulates that polluters are subject to a onetime penalty of up to 200，000 yuan （$32，600）.
If passed， the article would be the toughest penalties that a polluting company has ever faced， legal experts say.
A new chapter was also added to protect the public’s right to know concerning environmental information. According to the draft， governments at all levels should publicize environmental information and facilitate the participation of and supervision by citizens and organizations in environmental protection. Polluters are required to publish the information about the pollutants they discharge and how they act to control the pollution.
Stronger enforcement of the current environmental impact assessment （EIA） system is also proposed. Projects that do not have an EIA should not start construction， and those that do commence construction without one may be required to halt and restore the site， the draft said.
This is the first time such a requirement has been proposed.
The draft also required greater public involvement during the EIA process. It stipulated that operators should solicit public opinion on their projects， before submitting the EIA report to local authorities. Local environmental protection authorities， in turn， have to release the report on their website in a timely manner.
China’s EIA system has been criticized as a mere formality and lacking deterrent power after it was made mandatory in 2003.
“These newly added clauses are very detailed and important. The requirement that companies putting together an environmental impact assessment have to engage the public represents huge progress，” said Wang Xi， an environmental law expert at Shanghai Jiaotong University.
“Currently， because the public is not consulted before projects are launched， many projects elicit protests with very serious consequences. If the public is allowed to participate in the early stages of planning and able to monitor the process， we can completely avoid such protests，” Wang Xi said.
Environmental protection in rural areas was also highlighted in the draft. County governments were required to install waste processing facilities in the countryside. Besides harsher punishments， the draft introduced measures to encourage law-abiding and eco-friendly enterprises. The government was urged to offer preferential taxation and financing policies to enterprises that have a clean record in reducing pollution and protecting the environment.
Calls for change
While acknowledging great improvements in this draft from the previous version， lawmakers were not satisfied， especially with the definition of the government role in protecting the environment and the severity of punishment.
“We need a law with teeth that can bite，” said lawmaker Wang Yifu. “The law should ensure polluters pay a sufficiently high price.”
According to the draft， companies and other organizations， which intentionally escape supervision and discharge pollutants， will be prosecuted if they violate the law. Those whose activities are not serious enough for criminal prosecution could be put under administrative detention.
Zheng Gongcheng， a member of the NPC Standing Committee and professor at Renmin University of China， said that such regulations are still too weak to stop polluters.
“The law should more clearly define what the government must do and what legal liabilities they would bear if they fail to act or breach their duty，” said Zheng.
In quite a number of cases， environmental problems occurred as local governments focused more on economic growth than environmental protection， said Yin Zhongqing， another NPC Standing Committee member.
The draft stipulated that “Local governments at all levels should be responsible for the pollution and environmental problems in their own administrative regions.” Irresponsible local leaders who fail to enforce environmental laws may be marked down， demoted or even removed from their posts.
Yin suggested the Central Government adopt a system to supervise and assess the performance of local officials concerning environmental protection.
The draft should also help the country adopt effective and standard criteria to assess environmental protection. “Without such criteria， how can we tell whether a local government does a good job in environmental protection or not？” he noted.
Wu Heng， also a member of the NPC Standing Committee， said that the new law should require the government to inform the public about environmental risks and interact with them so that the public can actively engage in these issues. Another focus of arguments is on the right to file class action lawsuits. The draft introduces class actions by authorizing the All-China Environment Federation and its local affiliates， which are supervised by environmental protection authorities， to initiate lawsuits against polluters on behalf of the public.
The federation lodged dozens of lawsuits against polluters on behalf of victims since 2009 and had won several of them according to its official website.
But Xia Jun， a lawyer with the Environment and Resources Law Committee of the All China Lawyers Association， warned that the clause， if adopted， would “effectively close the door on civil efforts to fight polluters.”
“Designating a single claimant by law is unprecedented，” Xia said. “It is acceptable for a government-backed organization to take a lead or demonstrate such litigations for other NGOs， but monopolizing the practice is going too far.”
Xu Xin， Director of the Judiciary Research Center at the Beijing Institute of Technology， said that the clause would have a “direct impact on the feasibility and enthusiasm of environmental groups and individuals， thus stopping the public from environmental protection efforts.
Wang Xi argued that aside from improvements in legislation， it is of vital importance to ensure existing laws and regulations be thoroughly implemented.
“Now the most important thing to do is to work out how to avoid local governments and the MEP from turning a blind eye to some instances of environmental pollution and how to implement a system under which fines and punishments are carried out.”
An initial investigation found mining firm Huiwei Ore Processing Co. had discharged contaminated water into the upper reaches of the river， local police revealed on July 8.
Police found that the mining complex， which passed an environmental assessment in February 2008， had been illegally extracting indium， a rare metal used in alloys， electronics and electroplating. The thallium and cadmium effluents were byproducts of indium extraction.
Huiwei company’s head was taken into police custody for further investigation. Five local officials were also suspended from their posts for failing to prevent the contamination.
Hezhou Mayor Bai Xi said in a written apology released on July 9 that loopholes in his government’s environmental protection led to the river contamination.
The Huiwei incident is only the most recent of a string of pollution scandals caused by illegal discharges by companies and poor management by local authorities. Their frequency stems from loose environmental protection laws and meager punishments for companies that violate， said Zhang Quan， Director of the Shanghai Environmental Protection Bureau.
“Companies are knowingly discharging pollutants on land and in water，” Zhang said during a local radio program. “Those responsible for such crimes should be severely punished by law， but in reality， the cost of breaking the law is quite low.”
The comments came after Shanghai Tengfei Trade Co. was found guilty of dumping waste oil into the Dianpu River in Shanghai’s Qingpu District in April， which caused major environmental pollution problems and cost authorities some 380，000 yuan （$62，000） to clean up.
Despite the company’s general manager receiving a year in jail and a 100，000-yuan（$16，000） fine for his responsibility in the crime， the company was not penalized. District prosecutors suggested industry and commerce authorities sue the company 50，000 yuan（$8，000） over the incident—still a small sum for the heavy damage. Harsher punishments
On July 8， the Ministry of Public Security （MPS） published the latest results of investigations into environmental pollution. It said that police have made enormous strides in prosecuting and punishing violators. Police have finished 112 environmental pollution investigations since January， the ministry said.
in May eight suspects from ore processing plants in southwest China’s Yunnan Province have been arrested for allegedly discharging toxic wastewater and tailings into a local river. Police investigated the case after local media outlets reported that river water had turned milky white. A police investigation confirmed that the pollution had affected nearby farm. Thirty-eight suspects from 31 electroplating workshops in north China’s Hebei Province were arrested for discharging unprocessed wastewater containing acids and heavy metals into local rivers and underground waterways. Four suspects were arrested in central China’s Hunan Province for dumping 480 tons of toxic wastewater into the local sewage system.
There have also been breakthroughs in investigations into other cases， the MPS said. Most cases involved mining or petrochemical factories. Some large factories discharged toxic substances directly into the environment， while others used intermediaries to illegally sell toxic waste to companies or individuals who were not qualified to process it.
Early this year， the MPS launched a nationwide campaign against environmental crimes. In an effort to address pollution， China’s top judicial and procuratorial bodies issued a new judicial interpretation for laws on criminal cases related to environmental pollution on June 18.
Jointly released by the Supreme People’s Court （SPC） and the Supreme People’s Procuratorate （SPP）， the new document offers detailed standards for the conviction and sentencing of criminals involved in environmental cases. It took effect on June 19.
The latest interpretation lowers some benchmarks for conviction compared with a previous one released in 2006， which means more polluters will be targeted， according to SPC spokesman Sun Jungong.
The legal interpretation states that a person can be held criminally liable if he or she is responsible for pollution that seriously injures a person， while the previous benchmark said that the pollution must have resulted in death. Pollution activities which force the evacuation of over 5，000 people or poison more than 30 people will be defined as crimes， according to new stipulations. The latest interpretation has added new activities as criteria for the crime of impairing the protection of the environment and resources.
For instance， discharging or dumping radioactive， infectious or toxic waste into sources of drinking water or nature reserves will be prosecuted as a criminal offense rather than a merely regulatory or civil legal affair.
Sun explained that the new criteria would convict the offenders not only for the damage they do but also for the practice of polluting.
According to China’s Criminal Law， those convicted of such crimes will face a maximum prison term of seven years plus fines.
“This is a sign of progress of the Chinese judiciary in fighting against environmental pollution， as it can prevent pollution from the beginning by giving potential polluters a warning，” said Wang Jin， an environmental law professor at Peking University.
Chinese law previously lacked a clear stipulation on what activities could result in such criminal charges， said Hu Yunteng， Director of the SPC’s Research Department.
Han Yaoyuan， Deputy Director of the SPP’s Research Department， said that prosecutors will also pay attention to investigating the criminally negligent behavior behind environmental pollution crimes.
“Prosecuting departments at every level will investigate the cases involving turning a blind eye toward pollution or making fines instead of making criminal punishment，” he said.
An updated law
In late June， a draft amendment to China’s Environmental Protection Law was also deliberated by the national legislature to include harsher punishments for polluters.
The draft was submitted for the second reading to the bimonthly session of the Standing Committee of the National People’s Congress （NPC）， which was held on June 26-29. The attempt to amend the Environmental Protection Law was considered an important part of the country’s comprehensive efforts to conserve resources and curb pollution.
The law has not been revised since it took effect in 1989. However， over the past two decades， the country has faced worsening pollution problems and the public has become less tolerant of environmental hazards.
The draft imposed harsher punishments for polluters and highlighted the public’s right to know and participate， compared with the version that was put on the table for first reading in August last year. It proposed the imposition of severe financial penalties on polluting companies. Dumping sewage and failing to modify discharge and emissions to meet national standards， will subject companies to fines based on an increasing daily rate， the draft stipulated. The current law stipulates that polluters are subject to a onetime penalty of up to 200，000 yuan （$32，600）.
If passed， the article would be the toughest penalties that a polluting company has ever faced， legal experts say.
A new chapter was also added to protect the public’s right to know concerning environmental information. According to the draft， governments at all levels should publicize environmental information and facilitate the participation of and supervision by citizens and organizations in environmental protection. Polluters are required to publish the information about the pollutants they discharge and how they act to control the pollution.
Stronger enforcement of the current environmental impact assessment （EIA） system is also proposed. Projects that do not have an EIA should not start construction， and those that do commence construction without one may be required to halt and restore the site， the draft said.
This is the first time such a requirement has been proposed.
The draft also required greater public involvement during the EIA process. It stipulated that operators should solicit public opinion on their projects， before submitting the EIA report to local authorities. Local environmental protection authorities， in turn， have to release the report on their website in a timely manner.
China’s EIA system has been criticized as a mere formality and lacking deterrent power after it was made mandatory in 2003.
“These newly added clauses are very detailed and important. The requirement that companies putting together an environmental impact assessment have to engage the public represents huge progress，” said Wang Xi， an environmental law expert at Shanghai Jiaotong University.
“Currently， because the public is not consulted before projects are launched， many projects elicit protests with very serious consequences. If the public is allowed to participate in the early stages of planning and able to monitor the process， we can completely avoid such protests，” Wang Xi said.
Environmental protection in rural areas was also highlighted in the draft. County governments were required to install waste processing facilities in the countryside. Besides harsher punishments， the draft introduced measures to encourage law-abiding and eco-friendly enterprises. The government was urged to offer preferential taxation and financing policies to enterprises that have a clean record in reducing pollution and protecting the environment.
Calls for change
While acknowledging great improvements in this draft from the previous version， lawmakers were not satisfied， especially with the definition of the government role in protecting the environment and the severity of punishment.
“We need a law with teeth that can bite，” said lawmaker Wang Yifu. “The law should ensure polluters pay a sufficiently high price.”
According to the draft， companies and other organizations， which intentionally escape supervision and discharge pollutants， will be prosecuted if they violate the law. Those whose activities are not serious enough for criminal prosecution could be put under administrative detention.
Zheng Gongcheng， a member of the NPC Standing Committee and professor at Renmin University of China， said that such regulations are still too weak to stop polluters.
“The law should more clearly define what the government must do and what legal liabilities they would bear if they fail to act or breach their duty，” said Zheng.
In quite a number of cases， environmental problems occurred as local governments focused more on economic growth than environmental protection， said Yin Zhongqing， another NPC Standing Committee member.
The draft stipulated that “Local governments at all levels should be responsible for the pollution and environmental problems in their own administrative regions.” Irresponsible local leaders who fail to enforce environmental laws may be marked down， demoted or even removed from their posts.
Yin suggested the Central Government adopt a system to supervise and assess the performance of local officials concerning environmental protection.
The draft should also help the country adopt effective and standard criteria to assess environmental protection. “Without such criteria， how can we tell whether a local government does a good job in environmental protection or not？” he noted.
Wu Heng， also a member of the NPC Standing Committee， said that the new law should require the government to inform the public about environmental risks and interact with them so that the public can actively engage in these issues. Another focus of arguments is on the right to file class action lawsuits. The draft introduces class actions by authorizing the All-China Environment Federation and its local affiliates， which are supervised by environmental protection authorities， to initiate lawsuits against polluters on behalf of the public.
The federation lodged dozens of lawsuits against polluters on behalf of victims since 2009 and had won several of them according to its official website.
But Xia Jun， a lawyer with the Environment and Resources Law Committee of the All China Lawyers Association， warned that the clause， if adopted， would “effectively close the door on civil efforts to fight polluters.”
“Designating a single claimant by law is unprecedented，” Xia said. “It is acceptable for a government-backed organization to take a lead or demonstrate such litigations for other NGOs， but monopolizing the practice is going too far.”
Xu Xin， Director of the Judiciary Research Center at the Beijing Institute of Technology， said that the clause would have a “direct impact on the feasibility and enthusiasm of environmental groups and individuals， thus stopping the public from environmental protection efforts.
Wang Xi argued that aside from improvements in legislation， it is of vital importance to ensure existing laws and regulations be thoroughly implemented.
“Now the most important thing to do is to work out how to avoid local governments and the MEP from turning a blind eye to some instances of environmental pollution and how to implement a system under which fines and punishments are carried out.”