Guiding Case No. 28 of the Supreme People's Procuratorate: People's Procuratorate of Changzhou City, Jiangsu Province v. Xu Jianhui and Xu Yuxian (Case about civil public interest litigation)
Instrument Type： Judgment
- Source Note：SPP Gazette, Issue 3, 2017 (Total No. 158) Page 15-19
Procedural Status： Trial at First Instance
- Date Issued：12-29-2016
- Judgment Date：04-14-2016
- Guiding Case No. 28 of the Supreme People's Procuratorate: People's Procuratorate of Changzhou City, Jiangsu Province v. Xu Jianhui and Xu Yuxian (Case about civil public interest litigation)
- Case No. 28 of the Supreme People's Procuratorate
- Civil public interest litigation; restoration of the ecological environment; method of virtual disposal costs
- 民事公益诉讼 生态环境修复 虚拟治理成本法
- Xu Jianhui, male, born on April 1, 1962.
- Xu Yuxian, female, born on May 15, 1965.
- From the first half of 2010 to September 2014, Xu Jianhui and Xu Yuxian rented a plant located in Dongfang Village, Yaoguan Township, Wujin District, Changzhou City, Jiangsu Province. Without the business license and the certificate for the operation of hazardous wastes, they engaged in the business of washing waste resin barrels and waste oil barrels. The sewage generated in the washing of such waste barrels was discharged to the outdoor sewage pools without any anti-leakage measure through drainage ditches and the residues generated were piled up around the sewage pools.
- On September 1, 2014, the public security authority seized 7,789 waste barrels on the site where Xu Jianhui and Xu Yuxian washed them, among which 6,289 have not been washed yet. It was found upon identification that the unwashed barrels and substances therein were hazardous wastes and multiple types of heavy metals, including chromium and zinc, and multiple organics, including TPH, chloralkane, and benzene series, were detected from the underground water on the site, sewage in the sewage pools as well as residues piled up around the sewage pools, and sediment at the bottom of the sewage pools.