Does the government of a town in Lushan County, Henan Province owe a waste disposal company millions of yuan? Local response: repayment will be made as planned

In February of this year, the Discipline Inspection Commission and Supervision Commission of Pingdingshan City, Henan Province reported on the accountability situation of an illegal disposal of hazardous waste case. An employee of an environmental protection bureau in Lushan County, together with others, buried more than 16000 tons of waste aluminum ash underground, and 21 people were held accountable.

According to the identification of the Henan Institute of Ecological Environment Science, the aluminum ash raw materials and dumping materials processed and disposed of by the factory are classified as "hazardous waste". The burial site illegally occupied 4.5 acres of arable land, including 1 acre of basic farmland. A total of 16819 tons of waste and aluminum ash were cleared on site, resulting in environmental damage compensation of over 38.68 million yuan and ecological damage to soil and groundwater of over 780000 yuan. A total of 21 people were held accountable in this case.

Several months after the completion of this case, personnel from the relevant waste disposal company reported to reporters that after the company provided harmless disposal services for hazardous waste aluminum ash, the government of Zhangliang Town in Lushan County owed several million yuan in waste disposal fees and technical service fees. On August 26th, Du Yanhui, Secretary of the Party Committee of Zhangliang Town, told reporters that the environmental damage compensation amount recovered by the public security department is over 12 million yuan, not over 30 million yuan. They also apply for repayment from the county every month, but the county has no money, but they will repay the company according to the plan.

On February 3, 2023, the Commission for Discipline Inspection and Supervision of Pingdingshan City, Henan Province, announced the accountability situation for the illegal disposal of hazardous waste by the Aerospace Leather Factory in Zhangliang Town, Lushan County

Government debt?

Town government: The situation is true

On February 3, 2023, the Commission for Discipline Inspection and Supervision of Pingdingshan City, Henan Province, announced the accountability situation for the illegal disposal of hazardous waste by the Aerospace Leather Factory in Zhangliang Town, Lushan County. According to the report, in June 2019, Wang Bingfang, a former employee of the Environmental Protection Bureau of Lushan County, engaged in the business of processing and recovering metal aluminum from aluminum ash in collaboration with Feng Yanwei, a villager from Zhangnan Village in Zhangliang Town, for illegal profit. The resulting waste aluminum ash was buried in Feng Yanwei's aerospace leather goods factory and 500 meters north of the factory.

According to the civil judgment of the People's Court of Dengfeng City, Henan Province, provided to reporters by a certain environmental protection technology company in Henan Province, on July 16, 2021, the plaintiff and defendant signed a "Hazardous Waste Disposal Contract", which stipulated that the plaintiff would provide harmless disposal services for hazardous waste to the defendant, and the defendant would pay the disposal fees to the plaintiff.

"The disposal price is 1300 yuan/ton, and after the disposal is completed, there is still over 4 million yuan that has not been paid," said the company's manager.

The above judgment also shows that after the contract was signed, the plaintiff transported and disposed of a total of 4196.49 tons of hazardous waste in accordance with the contract. According to the agreed pricing method in the contract, the defendant should pay a total of 5455437 yuan in disposal fees to the plaintiff. However, so far, the defendant has only paid a total of 1.2 million yuan, and there is still 4255437 yuan that has not been paid. Despite multiple requests from the plaintiff, they have been unsuccessful. Therefore, the original lawsuit was filed with the court. In this regard, the government of Zhangliang Town stated that the plaintiff's lawsuit is true, and the defendant has a pollution accident and currently has no repayment ability. They hope to mediate.

Why delay payment?

Town government: If the county is facing financial difficulties, it will gradually repay according to the plan

"In addition to disposal fees, there are also technical service fees." The company's head said that the company that was owed had sued the Zhangliang Town government. According to the mediation situation at that time, the town government stated that it would repay on time and on a regular basis, but the actual situation was not like this.

According to a civil mediation letter provided by another environmental protection technology company in Henan Province to reporters, on April 18th, a civil mediation letter from the People's Court of Lushan County in Henan Province showed that the People's Government of Zhangliang Town in Lushan County voluntarily paid a technical service fee of 500000 yuan to the plaintiff, a certain environmental protection technology limited company, on May 15th, and paid a technical service fee of 500000 yuan to the plaintiff on May 30th. From June 1st to November 30th, the defendant voluntarily paid the plaintiff a technical service fee of 500000 yuan on the 30th of each month, and a technical service fee of 674992.5 yuan on December 30th, totaling 4674992.5 yuan.

"But in reality, after mediation, they only gave 200000 yuan and 300000 yuan each time, and did not repay according to the mediation plan," said the person in charge of the aforementioned company.

On August 25th, a staff member familiar with the matter from the Zhangliang Town government told reporters that at that time, there were 6 companies disposing of waste, 4 waste disposal companies, and 2 technical service companies. "I can't pay the money yet because the county finance is also short of money. The funds allocated by the county to us every month, except for salaries, will be paid to them on schedule," said Du Yanhui.

Waste disposal site

Compensation of over 30 million yuan?

Town government: recovered an amount of over 12 million yuan

In response to the town government's statement that due to local financial difficulties, they are unable to repay all outstanding debts, the head of a waste disposal company stated that the compensation amount previously announced was over 30 million yuan, which can be used to pay for the expenses of these companies.

According to the notice issued by the Discipline Inspection Commission and Supervision Commission of Pingdingshan City, Henan Province, a total of 16819 tons of waste and aluminum ash were cleared on site, resulting in an environmental damage compensation amount of over 38.68 million yuan and soil and groundwater ecological environment damage amount of over 780000 yuan.

Why is the compensation not used to pay the disposal fee and technical service fee of the contracted company? Du Yanhui told reporters that the current amount of environmental damage compensation recovered by the public security department is over 12 million yuan, and priority has been given to these disposal companies. Due to the high fees that need to be paid, the town government is unable to repay them. "The recovered compensation has been paid to the county, and according to the current repayment plan, it is expected to be fully repaid in over a year."