How to identify the category of pollutants discharged
Pollutant discharge standards are national limits on the concentration or total amount of pollutants discharged into the environment from man-made sources. The purpose is to achieve environmental quality standards or environmental goals by controlling the amount of pollutants emitted by sources. Pollutant emission standards are categorized according to the form of the pollutant into gaseous, liquid, solid and physical pollutant (such as noise) emission standards.
Analyzing the law of the crime of polluting the environment itself, the description of the crime of polluting the environment adopts a multi-headed linear structure. According to Article 338 of the Criminal Law, the pollutants discharged, dumped, or disposed of in the specific act of committing the crime of polluting the environment are divided into four categories: radioactive wastes, wastes containing infectious disease pathogens, poisonous substances, and other harmful substances.
Other hazardous substances" is the bottom provision. After clarifying the types of pollutants, the Criminal Law stipulates that "serious pollution of the environment" as a constituent element of the crime. Article 1 of the Interpretation of the different types of pollutants on the basis of the distinction between the human elements of the crime of pollution of the environment, "serious pollution of the environment" specific criteria for the determination of the provisions of the crime.
such as its paragraph (a) provides: "in the primary protected area of drinking water sources, the core area of the nature reserve discharge, dumping, disposal of radioactive wastes, wastes containing infectious disease pathogens, toxic substances," only for the first three types of pollutants; the Supreme People's Court drafted the judicial interpretation of this also specifically to be Explained: pollution of the environment, toxic and hazardous substances are many and varied, uncountable,
Different pollutants on the environment of the degree of toxicity and there are great differences. From the research and understanding of the situation, the current illegal discharge of various pollutants is still very common. "Serious pollution of the environment," the specific determination of the standard set, not only to reflect the spirit of the legislation to combat environmental pollution, but also based on the current situation, properly grasp the combat surface, to achieve the administrative and criminal penalties in an orderly manner.
That is to say, in order to apply the specific provisions of the Criminal Law of the crime of pollution of the environment, the first requirement is to categorize the pollutants in the crime, which belong to the "radioactive wastes, wastes containing infectious disease pathogens, poisonous substances, other hazardous substances," which category, and then to further clarify the determination of the discharge, Then we can further determine whether the discharge, dumping, disposal of the pollutants has been "serious pollution of the environment".
The difficulty arises from the fact that, unlike the other subparagraphs of the article, the provisions of subparagraph (c) do not correspond to the four categories of pollutants stipulated in the Penal Code, and that the provisions of the article are aimed at toxic substances?
From the judicial practice, the court made a very different decision. The main issue in dispute is whether pollutants such as heavy metals and persistent organic pollutants that exceed the standard "seriously endangering the environment and jeopardizing human health" are directly recognized as "toxic chemicals".
Article 10 of the Interpretation lists five categories of substances that should be recognized as toxic substances, of which the current practice is the most frequent application of item (c): substances containing lead, mercury, cadmium, chromium and other heavy metals. The source of the current practical controversy lies in the four heavy metals of lead, mercury, cadmium and chromium, in addition to what other heavy metals can be used as a content characteristic of the definition of toxic substances.
Expanded Information:
Major Hazards of Heavy Metal Pollution
Environmental pollution
Heavy metal pollution
From the aspect of environmental pollution, heavy metals refers to mercury, cadmium, lead, and "metal-like" ----- arsenic and other biologically significant toxicity of heavy metals. The most toxic to humans are five: lead, mercury, arsenic, cadmium, chromium. These heavy metals in the water can not be decomposed, people drink the toxicity of amplification, and other toxins in the water combined to generate more toxic organic matter.
Soil pollution, heavy metal-resistant plants can be used to repair, can be used for amusement parks, etc., non-agricultural arable land, the United States, there are examples of this, Anhui Tongling copper tailings and Australia, phytoremediation, the effect has been the first signs.
Heavy metals are generally widespread in nature in natural concentrations, but due to increasing human mining, smelting, processing and commercial manufacturing activities of heavy metals, resulting in a number of heavy metals such as lead, mercury, cadmium, cobalt and other heavy metals into the atmosphere, water, soil, causing serious environmental pollution.
Harm to the human body
The heavy metals that exist in various chemical states or chemical forms will remain, accumulate and migrate after entering the environment or ecosystem, causing harm. For example, heavy metals discharged with wastewater, even if the concentration is small, can accumulate in algae and substrate, be adsorbed by the body surface of fish and shellfish, and produce food chain concentration, thus causing public nuisance.
For example, Minamata disease in Japan is caused by mercury in the wastewater discharged from the caustic soda manufacturing industry, which is biologically transformed into organic mercury; and for example, gout disease is caused by cadmium discharged from the zinc refining industry and cadmium electroplating industry.
The automobile exhaust emissions of lead into the environment through atmospheric diffusion and other processes, resulting in the current concentration of lead on the surface has been a significant increase in the absorption of lead in the body of modern man than the primitive people increased by about 100 times, damaging human health. Heavy metals are extremely harmful to the human body.
Common:
Mercury: after ingestion, it directly sinks into the liver, and it is very destructive to the brain, nerves and eyesight. Natural water contains 0.01 milligrams per liter of water, which can lead to human poisoning.
Cadmium: lead to high blood pressure, causing cardiovascular and cerebrovascular diseases; destruction of bones and liver and kidney, and cause kidney failure.
Lead: is one of the more toxic of heavy metal pollution, once into the body will be difficult to eliminate. It can directly harm human brain cells, especially the nervous system of the fetus, and can cause congenital mental retardation.
Cobalt: can have radioactive damage to the skin.
Vanadium: injures the heart and lungs and causes abnormal cholesterol metabolism.
Antimony: and arsenic can make silver hand jewelry into brick red, radioactive damage to the skin.
Thallium: can make people polyneuritis.
Manganese: in excess can make people hyperthyroidism. It can also harm vital organs.
Arsenic: one of the components of arsenic, is highly toxic and can cause rapid death. Long-term exposure to small amounts can lead to chronic poisoning. It is also carcinogenic.
Any of these heavy metals can cause headaches, dizziness, insomnia, forgetfulness, confusion, joint pain, stones, cancer.
In recent years, heavy metal pollution incidents are common, from Hunan children's blood lead exceeded the standard incident, hundreds of children in Fengxiang, Shaanxi Province, to heavy metal contamination of the "food basket" and so on, and recently the South Weekend reported that the drinking fountains also exist in the heavy metal contamination, can be seen in heavy metal pollution has affected our living environment.
Our common plastic doors and windows are also heavy metal lead pollution. Plastic doors and windows belong to PVC profiles, PVC profiles with heat stabilizer system mainly lead salts, organotin, calcium and zinc and its composite stabilizers.
Because of the stabilizing effect of lead salt stabilizer is good, has become the most used stabilizers in the production of plastic doors and windows in China, but because of the toxicity of lead, although not in direct contact with the human body, but still a threat to the environment and human health.
North America does not allow the use of lead stabilizers in rigid PVC windows and doors. Health Canada 1996-48 document, the U.S. Consumer Product Safety Commission 96-150 document and document No. 4426 are clearly defined. However, the pollution problem of lead salt stabilizers has not yet been paid attention to in China.