Ministry of Environmental Protection： The lifelong responsibility system is applied to soil pollution remediation, and whoever pollutes will control it.
Cctv newsAccording to the website of the Ministry of Environmental Protection, on January 18th, the Ministry of Environmental Protection issued the Measures for the Management of Soil Environment of Contaminated Plots, aiming at strengthening the supervision and management of environmental protection of contaminated plots and preventing and controlling environmental risks of contaminated plots.
The original text is as follows:
Measures for the management of soil environment in polluted plots
(Trial)
Chapter I General Principles
the first In order to strengthen the supervision and management of environmental protection of contaminated plots and prevent and control environmental risks of contaminated plots, these measures are formulated in accordance with the Environmental Protection Law of People’s Republic of China (PRC) and other laws and regulations and the Action Plan for Soil Pollution Prevention and Control issued by the State Council.
the second The term "suspected contaminated land" as mentioned in these Measures refers to the land that has engaged in the production and business activities of nonferrous metal smelting, petroleum processing, chemical industry, coking, electroplating, tanning and other industries, as well as the storage, utilization and disposal of hazardous wastes.
According to the national technical specifications, the suspected contaminated plots that exceed the relevant soil environmental standards are called contaminated plots.
The term "suspected contaminated plots and activities related to contaminated plots" as mentioned in these Measures refers to the preliminary investigation activities of soil environment on suspected contaminated plots, as well as the detailed investigation, risk assessment, risk control, treatment and restoration of soil environment on contaminated plots and its effect evaluation.
Article These Measures shall apply to the suspected contaminated plots and the activities related to contaminated plots and the supervision and management of environmental protection where the land use right is to be recovered, and the use is to be changed to residential land and public facilities such as commercial, schools, medical and pension institutions.
Measures for the management of suspected contaminated plots and soil environment of contaminated plots that do not meet the circumstances in the first paragraph of this article shall be formulated separately.
These Measures shall not apply to the supervision and management of environmental protection of radioactive contaminated plots.
Article 4 The Ministry of Environmental Protection implements unified supervision and management of soil environmental protection throughout the country.
Local environmental protection departments at all levels are responsible for the supervision and management of suspected contaminated plots and activities related to contaminated plots within their respective administrative areas.
In accordance with the relevant provisions of the state, if the county-level competent department of environmental protection is adjusted to be a sub-bureau of the municipal competent department of environmental protection with districts, the municipal competent department of environmental protection with districts shall organize its subordinate sub-bureau to carry out supervision and management of suspected contaminated plots and activities related to contaminated plots.
Article 5 The Ministry of Environmental Protection shall formulate environmental standards and technical specifications for suspected contaminated plots and activities related to contaminated plots.
Article 6 The Ministry of Environmental Protection shall organize the establishment of a national information system for soil environmental management of contaminated plots (hereinafter referred to as the information system for contaminated plots).
The local environmental protection departments at or above the county level shall, in accordance with the provisions of the Ministry of Environmental Protection, organize the construction and application of the information system of polluted land parcels within their respective administrative areas.
The land use right holder of suspected contaminated plots and contaminated plots shall, in accordance with the provisions of the Ministry of Environmental Protection, fill in and submit online information on suspected contaminated plots and related activities of contaminated plots through the information system of contaminated plots.
The competent department of environmental protection at or above the county level shall share information with the departments of urban and rural planning, land and resources at the same level through the information system of polluted plots.
Article 7 Any unit or individual has the right to report to the competent department of environmental protection that it has not carried out suspected contaminated plots and activities related to contaminated plots in accordance with the provisions of these Measures.
Article 8 The competent department of environmental protection encourages and supports social organizations to bring environmental public interest litigation according to law for acts that cause soil pollution and harm social public interests.
Chapter II Responsibilities of All Parties
Article 9 The land use right holder shall, in accordance with the provisions of these Measures, be responsible for carrying out activities related to suspected contaminated plots and contaminated plots, and be responsible for the results of the above activities.
Article 10 According to the principle of "whoever pollutes will control it", the unit or individual that causes soil pollution should bear the main responsibility for control and restoration.
Where the subject of responsibility is changed, the unit or individual who inherits its creditor’s rights and debts after the change shall bear the relevant responsibilities.
If the subject of responsibility is lost or unclear, the local people’s government at the county level shall bear relevant responsibilities according to law.
If the land use right is transferred according to law, the transferee of the land use right or the responsible person agreed by both parties shall bear the relevant responsibilities.
If the land use right is terminated, the original land use right holder shall bear the relevant responsibilities for the soil pollution caused by the use of the land.
The lifelong responsibility system is implemented for soil pollution control and remediation.
Article 11 Professional institutions entrusted to engage in suspected contaminated plots and activities related to contaminated plots, or third-party institutions entrusted to engage in evaluation of treatment and restoration effects, shall abide by relevant environmental standards and technical specifications, and be responsible for the authenticity, accuracy and completeness of investigation reports and evaluation reports of related activities.
Professional institutions entrusted with risk management, control and repair shall abide by the relevant national environmental standards and technical specifications, and bear corresponding responsibilities for the effects of risk management, control and repair in accordance with the entrustment contract.
Professional institutions entrusted to engage in risk management, treatment and restoration, which practise fraud in risk management, treatment and restoration activities, and cause environmental pollution and ecological damage, shall be jointly and severally liable with other persons responsible for environmental pollution and ecological damage in accordance with the law, in addition to being punished in accordance with relevant laws and regulations.
Chapter III Environmental Investigation and Risk Assessment
Article 12 The competent department of environmental protection at the county level shall, in accordance with the provisions of the state on ensuring the environmental safety of the redevelopment and utilization of industrial enterprises’ sites, establish a list of suspected contaminated plots in their respective administrative areas in conjunction with the departments of industry and information technology, urban and rural planning, land and resources, and upload the contaminated plot information system in time.
The list of suspected contaminated plots is dynamically updated.
Article 13 For the plots included in the list of suspected contaminated plots, the local county-level environmental protection department shall notify the land use right holder in writing.
The land use right holder shall, within six months from the date of receiving the written notice, complete the preliminary investigation of the soil environment, compile the investigation report, upload it to the contaminated land information system in time, and disclose the main contents of the investigation report to the public through its website and other ways that are convenient for the public to know.
The preliminary investigation of soil environment should be carried out in accordance with the relevant national environmental standards and technical specifications. The investigation report should include the basic information of the plot, the clear conclusion whether the suspected contaminated plot is a contaminated plot, and other main contents, with sampling information and test report attached.
Article 14 The municipal competent department of environmental protection with districts shall establish a list of contaminated plots according to the preliminary investigation report of soil environment submitted by the land use right holder, upload the information system of contaminated plots in time, and make it public at the same time, and notify the people’s government at the county level where each contaminated plot is located.
For the contaminated plots listed in the list, the municipal environmental protection department with districts shall determine the risk level of the contaminated plots in accordance with the relevant national environmental standards and technical specifications.
The list of contaminated plots is dynamically updated.
Article 15 The local competent department of environmental protection at or above the county level shall give priority to the supervision and management of environmental protection in the polluted plots with high risks in their administrative areas.
Article 16 For the land included in the list of contaminated land, the municipal environmental protection department with districts shall notify the land use right holder in writing.
After receiving the written notice, the land use right holder shall, in accordance with the relevant national environmental standards and technical specifications, carry out a detailed investigation of the soil environment, compile an investigation report, upload it to the information system of contaminated land in time, and disclose the main contents of the investigation report to the public through its website and other ways that are convenient for the public to know.
The detailed investigation report of soil environment shall include the basic information of the plot, the distribution and scope of soil pollutants, and the impact on soil, surface water, groundwater and air pollution, with sampling information and test report attached.
Article 17 The land use right holder shall, in accordance with the relevant national environmental standards and technical specifications, carry out risk assessment on the basis of detailed investigation of soil environment of contaminated plots, prepare risk assessment reports, upload them to the information system of contaminated plots in time, and disclose the main contents of the assessment reports to the public through its website and other ways that are convenient for the public to know.
The risk assessment report shall include the basic information of the plot, pollutants that should be paid attention to, main exposure routes, risk level, risk management and control, and suggestions for treatment and restoration.
Chapter IV Risk Management and Control
Article 18 The land-use right holder of the contaminated plot shall, according to the risk assessment results and in combination with the relevant development and utilization plans of the contaminated plot, implement risk control in a targeted manner.
For the polluted plots that are not developed and utilized for the time being, risk control for the purpose of preventing pollution diffusion shall be implemented.
For the polluted plots to be developed and utilized for residential land and public facilities such as commerce, schools, medical care and old-age care institutions, risk control for the purpose of safe utilization shall be implemented.
Article 19 The owner of the land use right of the polluted plot shall, in accordance with the relevant national environmental standards and technical specifications, prepare a risk control plan, upload it to the information system of the polluted plot in time, and send a copy to the local people’s government at the county level, and make the main contents of the plan public through its website and other ways that are easy for the public to know.
The risk control plan shall include the control area, objectives, main measures, environmental monitoring plan and emergency measures.
Article 20 The land use right holder shall take the following main measures in accordance with the requirements of the risk control plan:
(1) Remove or clean up pollution sources in time;
(two) take measures such as pollution isolation and blocking to prevent the spread of pollution;
(three) to carry out environmental monitoring of soil, surface water, groundwater and air;
(four) found that the spread of pollution, timely take effective remedial measures.
Article 21 Due to improper risk control measures and other reasons, resulting in environmental emergencies such as soil, surface water, groundwater or air pollution around the contaminated plot, the land use right holder shall take environmental emergency measures in time and report to the competent environmental protection department at or above the county level and other relevant departments.
Article 22 For the polluted plots that will not be developed and utilized for the time being, the local competent department of environmental protection at the county level shall cooperate with the relevant departments to put forward suggestions on delineating the control areas, set up signs and issue announcements after reporting to the people’s government at the same level for approval, and organize environmental monitoring of soil, surface water, groundwater and air.
Chapter V Governance and Restoration
Article 23 For the polluted plots to be developed and utilized for residential land and public facilities such as commercial land, schools, medical institutions and old-age care institutions, if it is confirmed by risk assessment that they need to be treated and repaired, the land use right holder shall carry out treatment and repair.
Article 24 For the contaminated plots that need to be treated and repaired, the land use right holder shall, according to the detailed investigation report and risk assessment report of the soil environment, and in accordance with the relevant national environmental standards and technical specifications, prepare the pollution plot treatment and repair project plan, and upload it to the contaminated plot information system in time.
The land use right holder shall, during the implementation of the project, disclose the main contents of the treatment and restoration project plan to the public through its website and other ways that are easy for the public to know.
The project plan shall include the scope and objectives of treatment and restoration, technical routes and process parameters, and secondary pollution prevention measures.
Article 25 During the treatment and restoration of contaminated plots, the land use right holder or its entrusted professional institutions shall take measures to prevent secondary pollution to the plots and their surrounding environment; Wastewater, waste gas and solid waste generated in the process of treatment and restoration shall be treated or disposed of in accordance with the relevant provisions of the state and meet the environmental standards and requirements stipulated by the state or local authorities.
In principle, the treatment and restoration project should be carried out at the original site; If it is really necessary to transport contaminated soil, the land use right holder or its entrusted professional organization shall report the transportation time, mode, route, quantity, destination and final disposal measures of contaminated soil to the municipal environmental protection department in charge of the location and receiving area five working days in advance.
Reuse of the restored soil shall meet the requirements of relevant national or local regulations and standards.
During the period of treatment and restoration, the land use right holder or the professional organization entrusted by him shall set up bulletin boards and warning signs to disclose the basic situation of the project, environmental impact and its preventive measures.
Article 26 After the completion of the remediation and restoration project, the land use right holder shall entrust a third-party institution to carry out the remediation and restoration effect evaluation in accordance with the relevant national environmental standards and technical specifications, compile the remediation and restoration effect evaluation report, upload the contaminated land information system in time, and make it public through its website and other ways that are convenient for the public to know, and the public time shall not be less than two months.
The evaluation report of the treatment and restoration effect shall include the general situation of the treatment and restoration project, the implementation of environmental protection measures, the monitoring results of the treatment and restoration effect, the evaluation conclusion and the follow-up monitoring suggestions.
Article 27 If the contaminated land has not been treated and repaired, or if it has not met the requirements of soil environmental quality of the relevant planned land, the relevant competent department of environmental protection shall not approve the environmental impact report or report form of the construction project involving the contaminated land.
Article 28 The competent department of environmental protection at or above the county level shall, jointly with the departments of urban and rural planning, land and resources, establish and improve the information communication mechanism of polluted plots, and implement linkage supervision on the development and utilization of polluted plots.
After the polluted plots are treated and repaired and meet the requirements of soil environmental quality of the corresponding planned land use, they can enter the land use procedure.
Chapter VI Supervision and Administration
Article 29 The competent department of environmental protection at or above the county level and the environmental monitoring agency entrusted by it have the right to conduct on-site inspections on suspected contaminated plots and activities related to contaminated plots within their respective administrative areas. The units under inspection shall cooperate, truthfully report the situation and provide necessary information. The departments, institutions and their staff who carry out on-site inspection shall keep business secrets for the inspected units.
Article 30 The competent department of environmental protection at or above the county level shall have the right to take the following measures when conducting supervision and inspection on suspected contaminated plots and activities related to contaminated plots:
(a) to investigate and understand the suspected contaminated plots and contaminated plots to the inspected units;
(two) to enter the inspected unit for on-site verification or monitoring;
(3) consulting and copying relevant documents, records and other relevant materials;
(four) require the inspected units to submit relevant information.
Article 31 The municipal environmental protection department with districts shall, before December 31st of each year, report the environmental management of the polluted plots in this administrative region to the provincial environmental protection department.
The competent department of environmental protection at the provincial level shall, before January 31st of each year, report the environmental management of the polluted plots in the administrative area of the previous year to the Ministry of Environmental Protection.
Article 32 In violation of the provisions of the present measures, if an entrusted professional institution is irresponsible or fraudulent in the process of compiling a preliminary investigation report on soil environment, a detailed investigation report on soil environment, a risk assessment report, a risk control scheme, a treatment and restoration scheme, or an entrusted third-party institution in the process of compiling a treatment and restoration effect assessment report, the competent environmental protection department at or above the county level will record the agency’s dishonesty in its environmental credit record and make it public through the enterprise credit information publicity system.