P.R.C. Law on Preventing and Controlling Soil Pollution (Draft)

ALL TRANSLATIONS ON THIS SITE ARE UNOFFICIAL AND ARE PROVIDED FOR REFERENCE PURPOSES ONLY. THESE TRANSLATIONS ARE CREATED AND CONTINUOUSLY UPDATED BY USERS --THEY ARE FREE TO VIEW, BUT PROPER ATTRIBUTION IS REQUIRED FOR DISTRIBUTION OF THESE OR DERIVATIVE TRANSLATIONS.
The public can directly log in to the NPC website (www.npc.gov.cn)to submit comments, and may also mail comments to the Legislative Affairs Commission of the NPC Standing Committee (No. 1 West Qianmen Stree,  Xicheng District, Beijing). Post code: 100805. The envelope must indicate that it is solicited comments on the draft Soil Pollution Prevention and Protection Law). The deadline for comments is July 27, 2017.

Chapter I: General Provisions

Article 1: This Law is formulated so as to prevent and control soil pollution, to ensure the safety of agricultural products and public health, to promote the sustainable use of soil resources, to protect and improve the environment, and to promote the construction of an ecological civilization.

Article 2: This Law applies to engagement in the prevention and control of soil pollution and relevant supervision and management activities within the mainland territory of the People's Republic of China and other waters under the jurisdiction thereof.

The "Marine Environmental Protection Law of the P.R.C" and the "Island Protection Law of the P.R.C" are applied to the prevention and control of soil pollution, and related management activities, with respect to marine subsoil and uninhabited islands.

Article 3: Prevention and control of soil pollution shall persist in emphasizing prevention, protection prioritization, categorical management, risk management and control, polluter liability, and public participation

Article 4: All levels of people's governments shall increase their guidance and coordination of soil pollution prevention and control efforts, and supervise each relevant department's performance of soil pollution prevention and control management duties.

Article 5: Local people's governments shall be responsible for the soil prevention and control and safe usage in that administrative region; the status of soil pollution targets and completion of tasks shall be included in the the systems for assessments and reviews of goals for the establishment of an ecological society, as well as in the system of responsibility for meeting environmental protection goals, and the performance review appraisal systems, making them the content of work performance reviews of the primary responsible persons for people's governments and directly responsible managers; and also making them the basis for holding office and rewards.

Article 6: The competent department for environmental protection under the State Council conducts unified oversight and management of soil pollution prevention and control efforts nationwide; other competent departments under the State Council such as for agriculture, land and resources, housing and urban-rural development, and forestry, conduct oversight and management of soil pollution and control efforts within the scope their respective duties.

The competent departments for environmental protection of local people's governments conduct unified oversight and management of soil pollution prevention and control efforts in their jurisdiction; other competent departments of people's governments at the county level or above, such as for agriculture, land and resources, housing and urban-rural construction, and forestry, carry out oversight and management of soil pollution prevention and control efforts within the scope of their duties.

Article 7: All units and individuals have an obligation to prevent soil pollution, shall take measures to effectively prevent acts that might pollute the soil, preventing or reducing the pollution of soil, and lawfully bearing responsibility for soil pollution that they cause.

The person with land usage rights has an obligation to protect the soil, and shall take effective preventative measures, preventing or reducing pollution of the soil.

All citizens, legal persons, and other organizations enjoy the right to participate in the prevention and control of soil pollution in accordance with law.

Article 8: The State supports scientific research and technological development on the prevention and control of soil pollution, as well as spreading their application, promoting technological improvements in soil pollution prevention and control, and encouraging the development of the soil pollution prevention and control industry.

The State supports enterprises conducting technological research and product development for soil pollution prevention and control.

The State supports publicity, education, scientific popularization and international exchange and cooperation on soil pollution prevention and control.

Article 9: The State supports specialized soil pollution prevention and control activities. Entities and individuals engaged in activities such as soil pollution surveying, monitoring, risk assessment, risk management, restoration and assessment of restoration efficacy, and environmental supervision shall possess professional capacity and conditions provided for by the National Department of Environmental Protection Department under the State Council, and shall comply with relevant national standards.

When commissioned expert organizations and personnel engage in the activities provided for in the preceding paragraph, they shall sign a contract with the commissioning party, and take responsibility for related conclusions or the activity outcomes on the basis of the commission contract.

Chapter II: Standards, Investigation, Monitoring, and Planning

Article 10: The competent departments for standardization and environmental protection under the State Council, together with other relevant State Council departments, are to establish and improve the system of State standards on the prevention and control of soil pollution.

Based on the state of soil pollution, the risk to people's health, the risk to the ecosystem, and the level of science and technology, and in accordance with the current categories of land usage, the State Council's competent departments for environmental protection are to draft national standards for soil pollution risk management and control, and conduct regular periodic assessments and revisions of them.

The relevant competent departments of the State Council may draft industry standards for technical requirements requiring a unified national compliance standard for a certain industry where there is no national standard, and report these for the record to the State Council's competent department for standardization.

The State supports research of soil environmental background values and environmental benchmarks.

Article 11: The competent Department of Environmental Protection Department under the State Council, in conjunction with the competent departments for agriculture, land and resources, housing and urban construction, forestry and so forth, is to draft the technical specifications for soil pollution investigations, and organize a general investigation on soil pollution every 10 years.

Based on the actual conditions of their respective trades and their respective administrative regions, the relevant departments under the State Council and of local people's governments may select times to carry out investigations into the state of some areas' soil pollution.

Article 12: The State is to implement a soil pollution monitoring system. The competent departments for environmental protection under the State Council are to draft regulations for for the soil pollution monitoring, and, in conjunction with the competent departments for agriculture, land and resources, housing and urban construction, forestry, irrigation, health and family planning, and so forth, is to organize the establishment of a soil pollution monitoring network, uniformly planning the set up of State soil pollution monitoring stations (points).

Article 13: In the formulation of soil pollution risk control standards, technical specifications for soil pollution investigations, and soil pollution monitoring regulations, experts shall be organized for review and debate, and the comments of relevant departments, industry associations, enterprises, institutions and the public shall be solicited.

The competent departments for environmental protection of people's governments at the provincial level and above shall announce the standards and regulations provided for in the preceding paragraph on their websites, providing free access and downloads to the public.

Article 14: The State is to establish mechanisms for sharing soil pollution information and data. The competent department of environmental protection under the State Council, in conjunction with the State Council departments departments for agriculture, land resources, housing and urban construction, forestry, health and family planning and other departments, to establish a soil environment basic database, a national soil environmental information platform, and carry out dynamic updating of data and information sharing.

The competent department of environmental protection under the State Council is responsible for the unified release of national soil environment information and bulletins; the competent administrative departments for environmental protection of provincial people's governments are responsible for the unified release of the soil environmental information and bulletins for that administrative region. The competent departments for environmental protection shall promptly notify the food safety departments at the same level of major soil and environmental information involving principle agricultural food production areas.

Article 15: The formulation and modification of land-use plans and urban and rural plans shall fully consider the requirements of soil pollution prevention and control, and reasonably determine how land is used.

Article 16: National and local soil pollution prevention and control efforts shall be included in environmental protection plans.

The competent departments for environmental protection of local people's governments at the districted city level and above, in conjunction with departments for development and reform, agriculture, land resources, housing and urban construction, forestry, and so forth, are to draft soil prevention and control plans on the basis of the state environmental protection targets and the results of soil pollution investigations and soil pollution monitoring, and report these to the people's government at the same level.

Soil pollution prevention and control plans that cross provinces, autonomous regions, and directly-governed municipalities, are to be drawn up by the competent departments for environmental protection under the State Council in conjunction with provincial level people's governments, and reported to the State Council for approval.

Chapter III: Prevention and Protection

Article 17: All kinds of projects involving land use planning and construction projects that might cause soil pollution, shall be subject to environmental impact assessments in accordance with law, and employ preventative measures.

The environmental impact assessment document provided for in the preceding paragraph shall include content such as possible adverse effects on the soil and the corresponding preventive measures that shall be taken.

Article 18: The competent department of environmental protection under the State Council shall, on to basis of the extent of possible impact on public health and harm to the ecological environment, conduct screening assessment of toxic and harmful substances in the soil, and announce a directory of key toxic and harmful substances in soil, and update this as appropriate.

The directory provided for in the preceding paragraph shall be the basis for the formulation of relevant standards for the prevention and control of soil pollution and for the catalog of alternatives for toxic and harmful raw materials (products) encouraged by the state.

Article 19: The competent department for environmental protection under the State Council, jointly with the administrative department of industry and information technology, is to determine and publish a directory of key industries for soil pollution supervision and the corresponding management measures, on the basis of the directory of toxic and the environmental impact of the production, use, storage, transport, recycling, and disposal of soil pollutants.

Enterprises listed on the key soil pollution monitoring directory shall comply with the management measures of the preceding paragraph.

Article 20: The competent department of environmental protection of provincial people's governments shall develop and publish a list of enterprises for key soil pollution supervision and management in the administrative region on the basis of the directory of industries for key soil pollution regulation, the distribution of industrial and mining enterprises, and the state of pollutant emissions, and update it as appropriate.

Enterprises included in the list of the preceding paragraph shall perform the following obligations:

(1) Control the emission of toxic and harmful substances;

(2) prevent leakage, seepage, of toxic and harmful substances, scattering and dispersion of toxic and harmful substances;

(3) Formulate and implement an annual monitoring planning;

(4) Report on the annual emissions and transference of toxic and harmful substances to the environment.

The obligations provided for in the preceding paragraph shall be indicated in relevant licenses such as discharge permits, permits for the disposal of domestic waste, and permits for the disposal of construction waste.

The competent departments for environmental protection of provincial people's government shall periodically conduct monitoring of the soil surrounding key supervision and management enterprises, and use the monitoring results as the basis for environmental law enforcement and risk early warnings, and promptly upload it to the national soil environmental information platform.

Article 21: Where enterprises that might cause soil pollution need to dismantle facilities, equipment or structures because of shutting down, relocating, technological transformation or other reasons, shall employ measures for prevention and control of soil pollution.

Where enterprises entered on the list of key soil pollution supervision and management need to dismantle facilities, equipment or structures because of shutting down, relocating, technological transformation or other reasons, shall draft plans and emergency response plans for the prevention and control of soil pollution to prevent causing new pollution, and report to file these with to the local people's government's departments for environmental protection, and for industry and information.

Article 22: The competent department of environmental protection under the State Council shall strengthen the supervision and management of soil pollution prevention and control in regions for mineral resource exploitation, areas where the exploitation of mineral resources is concentrated shall develop and implement key special limits on emission of key pollutants.

Enterprises with tailings reservoirs shall, in accordance with relevant regulations, strengthen the safety management of the tailings reservoirs and employ measures to prevent creation of soil pollution. Enterprises that have established tailings reservoirs designated by the State for key supervision and management shall, based on the relevant provisions, strictly monitor soil pollution and periodically conduct risk assessments.

Article 23: The use of new low-pollution technologies that occupy less land is encouraged in construction projects such as for information, networks, lightening prevention, and ground connections in fields such as construction, communications, power, transportation, and water conservation and irrigation.

It is prohibited to use resistance reducing products containing heavy metals in excess of standards to transform the soil.

Article 24: Units engaged in the collection, removal, treatment and disposal of domestic and construction waste shall take measures for the prevention and control of soil pollution corresponding to the requirements.

Enterprises, public institutions, and other production operations engaged in solid waste transport, shall employ measures to prevent leakage, seepage, scattering, and dispersal pollution of soil and water sources.

Article 25: Construction and operation of centralized sewage treatment facilities and solid waste disposal facilities shall, in accordance with relevant standards and specifications, employ measures to prevent soil pollution.

Local people's governments' environmental protection departments shall periodically monitor and assess the impact of centralized sewage treatment facilities and solid waste disposal facilities on the surrounding soil; and where they do not meet the requirements of the relevant standards, shall , on the basis of monitoring and assessment results, request the centralized sewage treatment facilities or solid waste disposal facilities operating units to employ corresponding measures.

County-level people's Governments shall make an overall planning, construction and management of rural sewage and domestic waste disposal facilities, and ensure their normal operation to prevent the pollution of soil.

Article 26: The competent departments for agriculture and forestry under the State Council shall formulate plans and improve standards and other related measures, strengthening total volume controls on farmland and forest units use of pesticides and fertilizers, and strengthening controls on the use of agricultural film.

The State will implement a registration system for pesticides and fertilizers that have the potential to impact soil safety; and the competent department for agriculture under the State Council’s shall strengthen guidance of the registration and usage of pesticides and fertilizers and organize safety assessments on the impact of pesticides and fertilizers on the soil environments.

Standards formulated for fertilizers, pesticides, veterinary medicines, feed, agricultural films, and other such agricultural inputs and their packaging, as well as standards for farmland irrigation water quality, shall consider the requirements of soil pollution prevention and control.

The discharge of heavy metals, organic pollutants and other sewage, sludge, dredging, tailings (slag), and so forth which exceeds standards, is prohibited in agricultural use areas; the use of organic pollutants and other such toxic and harmful manure, sewage, biogases, bioliquids, and the like is prohibitted in agriculture use areas.

The competent departments for water of people's governments at the county level or above shall strengthen management of water used in rural irrigation, ensuring that irrigation water meets water quality standards.

Article 27: The competent agricultural departments of local people's governments at the county level or above shall carry out publicity on technological training activities on agricultural soil pollution prevention and control, shall support the professionalization of agricultural production services, and shall guide agricultural producers in the reasonable use of fertilizers, pesticides, veterinary medicines, feed, agricultural film and other such agricultural inputs, and control the volume used of chemical fertilizers, pesticides, veterinary drugs, and so forth. The use of agricultural films that do not meet standards is prohibited.

The competent agricultural departments of the local people's governments at or above the county level shall encourage agricultural producers to employ farming practices such as planting-breeding and crop rotation, that are conducive to the prevention soil pollution; shall support measures conducive to soil conservation and cultivation such as improving soil and increasing soil fertility; and support the construction of facilities for the handling and use of manure.

It is prohibited to produce or use agricultural inputs that have been ordered prohibited or discarded by the State, or that have not been permitted.

Article 28: The State supports agricultural producers' employment of the following measures for ecological agriculture and soil improvement:

(1) The use of organic and highly effective fertilizers that comply with standards;

(2)the use of low-toxicity, low-residue pesticides, veterinary medicines and soil testing fertilization technology, biological prevention and control, and other technology for the prevention and control of pests and illness.

(3) the use of biodegradable plastic sheeting;

(4) the comprehensive use of straw or use of crop straw for removal of high pollutant concentrations;

(5) carrying out improvement of acidic soil or polluted soil in accordance with relevant provisions.

Article 29: Producers, sellers, and users of agricultural inputs shall, in accordance with the relevant provisions, promptly recover waste packaging such as from agricultural film, pesticides, and fertilizers, and pesticide packaging waste is to be sent to specialized institutions or organizations to conduct harmless disposal.

The State gives support to those individuals and organizations who actively retrieve agricultural films and agricultural input packaging according to the relevant provisions.

Article 30: The State prioritizes the protection of unpolluted soil. People's governments at the county level or above shall prioritize protecting unpolluted arable land, woodlands, gardens, grassland, and land with drinking water resources. Local people's Governments at the county level or above shall, mark arable lands that meet the requirements for priority protections as permanent foundational farmland, and carry out strict protections.

Construction projects that might cause soil pollution must not be constructed in areas with concentrated permanent foundational farmland. For related projects that have already been constructed, governments at the county level and above should set a time limit for the closure and demolition of these projects.

Article 31: Local people's governments at the county level or above shall, in accordance with land use planning and urban-rural planning, strictly enforce of the related enterprise layout and site selection requirements, prohibiting new construction or expansion projects that might cause soil pollution near residential areas or in the vicinity of units such as schools, hospitals, eldercare facilities, or retirement homes.

Article 32: People's governments at all levels shall strengthen the soil pollution prevention and control efforts for key ecological function areas and ecological use lands such as nature preserves, biodiversity priority conservation areas, scenic area, National Parks, geological parks, forest parks, and wetland parks, to preserve their ecological and service functions.

Unused lands shall be protected and must not be polluted or destroyed. Where unused land is intended to be reclaimed for farmland, an investigation of the soil pollution status shall be conducted and categoric management carried out in accordance with law.

Article 33: The State is to strengthen the protection and rational use of soil resources. Stripped surface soil from new development projects should be collected and stored separately; and where the requirements for safe utilization are met, priority shall be given to land reclamation, soil improvement, land reclamation and afforestation.

Article 34: It is prohibited to use industrial solid waste, domestic waste or polluted soil with heavy metal or other toxic and harmful substances in excess of standards, for land reclamation. Where reclaimed land is intended for cultivation, and investigation of the soil pollution status shall be conducted, and caterogical management conducted in accordance with law.

Article 35: The relevant departments of people's governments at all levels, and relevant enterprises and public institutions, shall follow the provisions of the "P.R.C. Emergency Response Law", "P.R.C. Environmental Protection Law", "P.R.C. Radioactive Pollution Prevention and Control Law" to complete efforts such as on risk control, emergency preparedness, and emergency response in soil pollution incidents. After the emergency response work has been completed, works such as investigation of soil pollution status, risk assessment, risk control and restoration is to be completed in accordance with the provisions of this law,

Chapter IV: Risk control and restoration of soil pollution in agricultural land

Article 36: The state is to establish a categorical management system for agricultural lands. Agricultural lands will be distinguished as Priority Protection, Safe Utilization and strict Control lands in accordance with the degree of pollution and related standards,

Article 37: Local people's governments' competent departments for agriculture, forestry, and land and resources, jointly with the competent departments for environmental protection, conduct investigation into the following agricultural land plots' soil and groundwater pollution in accordance with soil pollution surveys and monitoring and the results of on-site inspections; and identify those responsible for soil pollution in accordance with the procedures provided by the competent department of environmental protection under the State Council:

(1) where agricultural product outputs exceed the standards for pollutants;

(2) Those used, or once used, as sewage irrigation areas;

(3) those used or once used for large-scale farming, solid waste dumping, or landfill;

(4) Those once used as a industrial or mining land, or where a major or especially large pollution occurred;

(5) Where toxic or hazardous pollutants and dangerous waste were produced, stored, utilization and disposed of;

(6) other situations as provided for by the State Council departments in charge of environmental protection, land and resources, agriculture, and forestry.

Article 38: Local people's governments' competent departments for agriculture and forestry, in conjunction with the competent departments for environmental protection, are to organize and conduct soil pollution risk assessments of agricultural land plots identified as exceeding risk management standards for pollutant volumes by soil pollution investigation results, analyze the impact on the quality and safety of agricultural products, and manage them in accordance with the system of categorical management for agricultural land.

Article 39: The competent departments for agricultural of local people's governments in areas with high concentrations of cultivated land shall adopt the following risk control measures in light of the specific conditions such as the main crops, crop varieties and planting habits in cultivated land categorized as Safe Utilization.

(1) formulate and implement safe utilization plans;

(2) Conduct agronomic regulation, alternative planting, and so forth;

(3) carry out scheduled monitoring and evaluation of cultivated land's soil and agricultural products;

(4) strengthen technical guidance and training for farmers, farmer cooperatives, and other new forms of agricultural management entities.

Article 40: The competent departments for agricultural of local people's governments in locations where agricultural land is classified as Strictly Controlled, shall take the following risk control measures for the Strictly Controlled agricultural lands:

(1) prohibit the production of specified agricultural products in accordance with law;

(2) formulate plans for the prevention of pollution that impacts the safety of groundwater and drinking water sources.

For agricultural land included in production prohibition areas, people's governments at all levels, and their relevant departments, shall encourage taking measures such as adjustment of planting structure, crop rotation, returning farmland to forerst and grassland, and prohibiting grazing, and also giving relevant policy leadership.

Article 41: Where it is necessary to adopt restoration measures for soil polluted plots with outputs of agricultural products containing pollutants in excess of standards, the person responsible for the soil pollution shall be responsible for the restoration. Restoration activities shall prioritize agronomy as the main restoration technique, blocking or reducing pollutants entry into the edible portion of crops, and ensuring the quality and safety of agricultural products. Contaminated groundwater should be restored concurrently. Where the person responsible for the soil pollution cannot bear the responsibility for restoration, the local people's government is to fix it in their stead.

The restoration activities must not cause new pollution to the soil being restored or to its surrounding environment.

Article 42: Local people's governments and their relevant departments have the right to recover expenses incurred in activities such as the investigation, risk assessment, risk control, and restoration of soil and groundwater pollution.

Chapter V: Risk control and restoration of soil pollution of construction land

Article 43: On the basis of soil pollution surveys and monitoring, on onsite inspection results, local people's governments' competent departments for environmental protection shall request that the holders of land usage rights conduct soil and groundwater pollution investigations as provided for construction use plots in the following situations:

(1) those used or once used in the production, storage, operation, or use of toxic or harmful substances;

(2) those used or once used to produce, collect, store, utilize, or dispose of hazardous wastes;

(3) those used or once used as solid waste dumps or landfills;

(4) those where major or especially large pollution incidents have previously occurred;

(6) other situations as provided for by the competent department for environmental protection under the State Council.

Where soil pollution is found, the holder of land usage rights shall identify the types and sources of pollution, and report these investigative findings to the competent department for environmental protection of the local people's government. The local people's governments competent departments for environmental protection shall, on the basis of the investigation results, organize experts or retain third party institutions to conduct an assessment, and identify the person responsible for the soil pollution in accordance with the procedures provided by the competent department for environmental protection under the State Council.

The land use rights holder may seek recovery from the person responsible for soil pollution for necessary expenses from engaging in soil pollution investigations provided for in this article.

Article 44: When enterprises under key soil pollution supervision re-purpose lands used for production operations, or before the return, sublease, transfer, or termination of their usage rights, they land use rights holders shall investigate the soil and groundwater pollution situation in accordance with provisions, and report the investigation conclusions to the competent department for land and resources of the local people's government to be entered into land registry documents, and report to the competent departments for environmental protection and urban rural planning of the local people's government for recording.

Article 45: For polluted plots that the soil pollution investigation results identify as containing soil pollutants in excess of soil pollution risk control standards, the person responsible for the pollution shall follow the relevant provisions of the competent department for environmental protection under the State Council to conduct a soil pollution risk assessment and draft a soil pollution risk assessment report, and report it to the local people's government's competent department for environmental protection to be filed for the records.

Soil contamination risk assessment report should include the following content:

(1) the status of major pollutants;

(2) the area and scope of soil and groundwater pollution;

(3) the impact and potential risks to public health and ecology;

(4) recommendations for risk management and restoration.

Where the person responsible for soil pollution cannot be identified or has died, the land use rights holder is to conduct soil pollution risk assessment in accordance with the relevant provisions of the competent department for environmental protection under the State Council, and draft a soil contamination risk assessment report, and report it to the competent department for environmental protection of the local people's government for recording.

The competent environmental protection department that accepts and records it shall establish archives of polluted plots and report them to the competent environmental protection department at the level above.

Article 46: As provided by the competent department for environmental protection under the State Council, the competent department of environmental protection of the provincial people's government, in conjunction with the competent departments for land and resources, and other relevant departments at the same level, are to organize review of polluted plots that require risk management or restoration, propose a directory for provincial level soil pollution risk management and restoration, and make scheduled reports to the competent department for environmental protection under the State Council.

On the basis of factors such as the degree of soil pollution and the scope of its impact, the competent department of environmental protection under the State Council is to screen the polluted plots listed in the provincial directories of soil pollution risk management and restoration, and determine the national directory for pollution risk management and restoration.

The directory for soil pollution risk management and restoration shall be revised at appropriate times on the basis of the o the risk management and restoration situation.

Article 47: Relevant competent departments of the local people's governments at or above the county level, such as for land and resources, planning, and housing and urban construction, must not approve plots included in the soil pollution risk control and restoration directory, for use as residential, public administration or public service land, and so forth..

Article 48: For polluted plots included in the soil pollution risk control and restoration directory that need to implement soil pollution risk control, the person responsible for the soil pollution shall take risk control measures corresponding to the requirements of relevant laws, regulations, standards, and the risk assessment report, and make scheduled reports regulrly to the competent departments for environmental protection of local people's governments.

Where the person responsible for the soil pollution cannot be identified or have died, the land use rights holder is to take measures in accordance with the provisions of the preceding paragraph.

Article 49: Where polluted plots on the soil pollution risk control and restoration directory require risk control, the competent department for environmental protection of the local people's government may, according to actual needs, take the following measures:

(1) delimit quarantine areas and release public notices;

(2) conduct soil pollution monitoring and environmental supervision and management;

(3) Other measures which need to be employed.

Article 50: The person responsible for the soil pollution is responsible for the restoration of polluted plots in the soil risk control and restoration directory that require restoration; where the person responsible for soil pollution cannot be identified or has died, the land use rights holder is to do the restoration.

The persons responsible for pollution or the land use rights holders provided for in the preceding paragraph shall summarize the land exploitation plan and urban-rural planning to draft a polluted land plot soil restoration plan, and report it for recording with the competent department for environmental protection in accordance of the local people's government; where groundwater has been polluted, the restoration plan shall include content on the groundwater and seek comments from the local people's government's competent departments for water administration.

Article 51: The implementation of soil restoration activities must not cause new pollution to the repaired soil or the surrounding environment.

Waste water, waste gases, and solid waste produced in the course of soil restoration shall be handled or disposed of in accordance with the relevant state and local regulations, and meet the environmental protection standards provided by the state or local authorities.

Where solid wastes produced in the process of soil restoration, as well as any dismantled equipment, facilities and structures, are hazardous waste, they shall be disposed of in accordance with the relevant State laws, regulations and standards.

During the period of restoration, a bulletin board shall be established to announce the basic conditions and environmental protection measures for the public repair project.

Article 52: Restoration work units shall formulate a transport plan for the transportation of polluted soil in accordance with the restoration plan, and shall report in advance on the transportation timing, methods, routes, and the volume, destination, and ultimate disposal measures for the soil pollution, to the competent departments for environmental protection sending and receiving the soil.

Where the polluted soil being transported is hazardous waste, the unit performing restoration shall handle it in accordance with the relevant State laws, regulations and standards.

Article 53: The person responsible for the soil pollution or the land use rights holder shall retain an environmental supervision institution to conduct environmental supervision over restoration activities.

The retained environmental supervision institution shall conduct supervision of the entire process of circumstances such as implementation of the restoration plan, construction and operation of environmental protection facilities, pollutant emissions and their environmental impact, and the implementation of risk prevention measures, and shall issue environmental supervision reports on the completion of the restoration work and be responsible for the reports.

Article 54: After the restoration of polluted soil is completed, the person responsible for the soil pollution or the land use rights holder shall retain a relevant institution to conduct an appraisal of the efficacy of the restoration, and report the assessment results to the local people's government's competent department for environmental protection for recording.

For polluted plots that reach the standards for soil pollution risk control, the person responsible for the soil pollution or the land use rights holder may request the competent department for environmental protection of the provincial people's government remove them from the soil pollution risk control and restoration directory. If the soil pollution risk control standards are not met, the initiation of construction project unrelated to restoration is prohibited.

Article 55: Where after restoration of polluted soil, it is still necessary to take management measures, the persons responsible for the soil pollution of soil or the land use rights holder shall carry out late stage risk control measures and corresponding evaluation efforts, in accordance with the relevant requirements of the restoration plan.

Chapter VI: Economic Measures for Preventing and Controlling Soil Pollution

Article 56: The State is to employ economic policies and measures, such as in public finance, taxation, pricing and finance, which are conducive to the prevention and control of soil pollution.

Article 57: People's governments at all levels shall strengthen prevention and control of soil pollution and arrange the necessary funds for the following matters:

(1) Scientific and technological research, and demonstration projects and programs, on the prevention and control of soil pollution;

(2) surveying, investigation and monitoring, risk assessment, risk control and treatment and restoration of soil pollution status , organized by people's governments at all levels;

(3) the expenses of people's governments at all levels pay for the emergency handling of soil pollution incidents;

(4) other matters as provided by the people's governments at any level.

Performance management shall be strengthened in the use of funds to ensure the effective use of funds.

Article 58: The State is to establish a soil pollution prevention and control fund system. The establishment of the central and provincial Soil Pollution Prevention Funds, are primarily to be used for treatment of soil pollution in agricultural land and where the person with responsibility for soil pollution or the land use rights holder cannot be identified or have died, as well as other matters provided by the government.

Where it occurred before this Law took effect, and the person responsible for soil pollution cannot be identified or has died, and the land use rights holder undertakes risk control and restoration, they may apply to the soil pollution prevention and control fund, with use concentrated around treatment of soil pollution.

Measures for the management of the soil pollution prevention and control fund are to be formulated by the competent department for Finance under the State Council, in conjunction with the competent authorities under the State Council for areas such as environmental protection, agriculture, land and resources, housing, urban and rural construction and forestry.

Article 59: The State encourages financial institutions to all increase credit availability for soil pollution.risk control and restoration projects.

The State encourages relevant financial institutions to carry out investigations of soil pollution in the course of land mortgage operations.

Article 60: The State is to lawfully provide tax benefits to enterprises engaged in soil pollution risk control and restoration activities.

Article 61: Enterprises listed in the directory of industries for key soil pollution supervision, and those engaging in work with a high risk of soil pollution such as soil pollution restoration, shall be insured with compulsory liability insurance for environmental pollution. The specific measures are to be formulated by the competent department of environmental protection under the State Council in conjunction with the insurance supervision department.

Article 62: The State encourages and advocates all sectors of society donating funds and materials for the treatment of soil pollution.

Chapter VII: Supervision and Inspection

Article 63: People's governments at the county level or above shall include the prevention and control of soil pollution in their annual reports on the completion of the environmental status and environmental protection objectives, and report this to the people's congresses of that level, or the standing committee of that people's congresses.

Article 64: The competent department for environmental protection of local people's governments and their environmental law enforcement bodies are responsible for conducting supervision and inspections of the relevant activities of enterprises, public institutions and other production operations in their jurisdiction that might cause soil pollution, and have the right to take the following measures:

(1) entering their business premises to conduct on-site inspection and sampling;

(2) requesting that the units or individuals being inspected provide relevant documents and materials;

(3) requiring the unit or individual being inspected to explain the relevant issues.

Departments and their personnel conducting supervision and inspections shall protect the commercial secrets of those being inspected.

Article 65: Where there is proof that enterprises or public institutions and other production operations have illegally discharged pollutants causing serious soil pollution, and the relevant evidence such as facilities, equipment, and objects might be destroyed or concealed, the competent department for environmental protection of the local people's government and its law enforcement body may employ compulsory measures such as sealing and seizure.

Article 66: The competent environmental protection departments for local people's governments and their environmental law enforcement bodies shall carry out scheduled on-site inspections of land plots listed in the directory of polluted plots for risk management and restoration.

Article 67: Competent departments for production safety of local people's governments at the county level or above shall supervise the performance of obligations by enterprises that have established tailings reservoirs, preventing the occurrence of accidents that might pollute the soil; the competent departments for environmental protection of local people's governments shall strengthen monitoring and scheduled assessments of the tailings reservoirs pollution prevention and control situation, and where discovering risks shall promptly require the relevant enterprise to take corresponding measures.

Article 68: The competent departments for agriculture of the local people's governments shall strengthen the supervision and inspections of the use of agricultural inputs such as fertilizers, pesticides, veterinary drugs, feed, and agricultural films.

The competent department for environmental protection of local people's governments, in conjunction with the competent departments for agriculture, shall strengthen the supervision and inspections of the recycling and harmless disposal of waste packaging from agricultural films, pesticides, fertilizers and so forth.

The competent departments for environmental protection of local people's governments and their environmental law enforcement bodies, in conjunction with the competent departments for agriculture, shall strengthen the inspection of discharge of sewage in the agricultural land, and the piling of sludge, dredged sediment, tailings (slag), and so forth.

Article 69: The competent departments for environmental protection of local people's governments and their environmental law enforcement bodies shall conduct inspections of soil pollution investigations, risk assessment, risk control, restoration, and restoration efficacy assessments and environmental supervision activities, as well as the implementation of relevant environmental protection measures.

The competent departments for environmental protection of people's governments at the provincial level or above shall include the practice information of professional institutions and personnel engaged in the activities of the preceding paragraph into the credit system to establish a credit record, and put enterprises and personnel with negative credit on a blacklist, and included this for release to the public on the national credit information sharing platform and the national enterprise credit information publicity system.

Article 70: The subjects of inspections shall lawfully cooperate with inspections by local people's governments' relevant departments, truthfully reflect the situation, and provide necessary materials to facilitate the inspection.

Article 71: The competent departments for environmental protection shall disclose relevant information on soil pollution in accordance with law.

Article 72: The news media enjoys the right to supervise public opinion on violations of soil pollution prevention and control laws and regulations, and units and individuals receiving supervision must not take revenge.

Article 73: All units and individuals have the right to report or give information to the competent departments for environmental protection about acts of soil pollution.

Article 74: The competent departments for environmental protection shall publish the methods for making reports about the prevention and control of soil pollution, to facilitate their making reports.

After the departments provided for in the preceding paragraph receive information, they shall promptly handle it and preserve the secrecy of the informants relevant information; where the information was given under one's real name and is verified as true, awards are to be given.

Where informants report on the unit they are in, that unit must not take revenge by terminating or amending their contract, or through other means.

Chapter VIII: Legal Responsibility

Article 75: Where the competent departments for environmental protection of the local people's governments and other departments exercising the supervision and management authority in accordance with this law, do not perform duties in accordance with the provisions of the first paragraph of article 18, the first and fourth paragraphs of article 20, the first paragraph of article 22, the second and third paragraphs of article 25, the first, second and fifth paragraphs of article 26, the first or second paragraphs of article 27, article 30, article 31, articles 37-40, article 43, article 46, article 47, article 49, article 64, articles 66-69, article 71, or the first or second paragraph of article 74; the directly responsible persons in charge and other directly responsible persons are to be given punishments in accordance with law, and the people's government at the level above or the relevant departments shall submit a punishment recommendation to their appointing or supervisory organ.

Where, in accordance with law, an administrative penalty decision shall be made, but it is not made, the competent department at the level above may directly make an administrative punishment decision.

Article 76: Where the provisions of article 9 of this Law are violated by institutions and individuals' engagement in soil pollution investigations, monitoring, risk assessment, risk control, restoration, restoration efficacy assessment, environmental supervision,and other such activities, without possessing the abilities and capacities as provided by the competent department for environmental protection under the State Council, or not complying with relevant State standards, the competent department for environmental protection of the local people's government has the authority to order corrections, and may impose a fine of between 10,000 and 100,000 RMB; where the circumstances are serious, prohibit engagement in the activities described above for three years, and impose a concurrent fine of between 100,000 and 1,000,000 RMB.

Article 77: In any of the following situations where the provisions of the second paragraph of article 19, the second paragraph of article 20, article 21, the second paragraph of article 22, article 24, or the first paragraph of article 25 are violated, the local people's government's competent department for environmental protection or other departments that exercise supervision and management authority in according to this Law, have the right to order corrections, and may impose a fine of between 10,000 and 200,000 RMB; and where the circumstances are serious, impose a fine of between 200,000 and 1,000,000 RMB.

(1) Where enterprises in the directory of industries for key soil pollution supervision and management fail to comply with corresponding administrative measures;

(2) Where enterprises in the directory of industries for key soil pollution supervision and management fail to perform obligations or falsify monitoring data;

(4) When dismantling facilities, equipment, or structures, enterprises that might create soil pollution fail to take soil pollution prevention and control measures, or where enterprises for key soil pollution protection and control fail to draft a soil protection and control plan and emergency response plan;

(4) where enterprises with tailings reservoirs under key supervision fail to carry out soil pollution monitoring and risk assessment, or take measures to prevent the creation of soil pollution, in accordance with relevant State provisions;

(5) Where units engaged in the collection, removal, handling, or disposal domestic or construction waste fail to take appropriate measures for soil pollution prevention and control;

(6) where enterprises, public institutions and other production operations engaged in the transportation of solid waste fail to take measures to prevent the leakage, seepage, scattering or dispersal of solid wastes;

(7) Where the construction and operation of centralized sewage treatment facilities and solid waste disposal facilities fail to take measures to prevent soil pollution in accordance with the relevant standards and specifications.

Article 78: Where paragraph 4 of article 26 of this Law is violated by any of the following conduct, the competent department for environmental protection of the local people's government has the authority to order corrections, and impose a concurrent fine of between 100,000 and 200,000 RMB; where there are unlawful gains, they are to be confiscated; and where the circumstances are serious, a fine of between 500,000 and 2,000,000 RMB may be imposed.

(1) the discharge of heavy metals, organic pollutants, and sewage, sludge, dredged sediment, tailings (slag), and so forth in excess of standards;

(2) the use of manure, sewage, sludge, biogas slurry, and so forth containing heavy metals, persistent organic pollutants, and other toxic or harmful pollutants in excess of standards.

Article 79: Where the first paragraph of article 29 of this Law is violated by producers or sellers of agricultural inputs failure to follow relevant provisions in employing measures to promptly recover waste packaging from agricultural film, pesticides, fertilizer, and so forth, or fail to pass it to specialized institutions or organizations for carrying out harmless disposal, the competent departments for environmental protection of local people's governments, together with the competent departments for agriculture, have the authority to order corrections and impose a concurrent fine of between 10,000 and 100,000 RMB.

Article 80: Where article 34 of this Law is violated by using solid industrial or domestic waste, or polluted land, that contains heavy metals or other toxic or harmful pollutants in excess of standards, for land reclamation, the competent departments for land and resources have the authority to order corrections and impose a concurrent fine of between 100,000 and 1,000,000 RMB; and where there are unlawful gains, they are to be confiscated.

Article 81: Where article 33, the first paragraph of article 41, the first paragraph of article 51, the first paragraph of article 52, or the second paragraph of article 54 are violated by any of the following conduct, the competent department for environmental protection of local people's governments have the authority to order corrections and impose a concurrent fine of between 100,000 and 500,000 RMB; where the circumstances are serious, a fine of between 200,000 and 1,000,000 RMB may be imposed.

(1) where topsoil was not independently collecting and stored in the course of development and construction;

(2) where the implementation of soil restoration activities has caused new pollution to the soil being restored and its surrounding environment;

(3) where a transport plan was not drafted in accordance with the restoration plan for the transport of polluted soil, or where the time, method, and route, and the volume, destination, and ultimate disposition measures and so forth were not reported in advance to the competent departments for environmental protection sending and receiving polluted soil;

(4) Where construction projects unrelated to restoration were carried out without restoration goals being met.

Article 82: Where articles 53 or 55 are violated by any of the following conduct, the competent departments for environmental protection have authority to order corrections; and where the circumstances are serious, may impose a fine of between 50,000 and 200,000 RMB.

(1) the person responsible for the soil pollution or the land use rights holder has not retained an environmental supervision institution to carry out environmental supervision over the restoration activities;

(2) the retained environmental supervision institution does not conduct supervision over the whole process of the working unit's implementation of environmental protection requirements;

(3) the person responsible for the soil pollution or the land use rights holders fails to implement the late stage risk control measures and the corresponding assessment work, in accordance with the requirements of the restoration plan.

Article 83: Where article 70 of this Law is violated by those being inspected refusing to accept inspection or making falsehoods and misrepresentations while being inspected, the competent department for environmental protection of the local people's government, or other departments with inspection powers, have the right to order corrections, and give concurrent fines of between 20,000 and 200,000 RMB.

Article 84: Where the first or second paragraph of article 42, article 44, article 45, article 48, the first paragraph of article 50, or he first paragraph of article 54 are violated by any of the following acts by the persons responsible for soil pollution or the land use rights holders, the competent department for environmental protection of the local people's government has the authority to order corrections, where performance is refused, the competent department for environmental protection of the local people's government is to retain others to perform in their stead, and the necessary expenses are to be borne by the persons responsible for the pollution or the land use rights holders; and where they refuse to bear them, enforcement is to be compelled in accordance with the relevant law.

(1) Where the land use rights holder has not taken responsibity for the investigation in accordance with the law;

(2) where the person responsible for soil pollution or the land use rights holder has not conducted soil pollution risk assessment;

(3) where the person responsible for soil pollution or the land use rights holder has not requested risk control measures be taken for polluted plots that need risk management and control;

(4) Where the person responsible for soil pollution or the land use rights holder refuse to bear responsibility for the restoration of polluted soil;

(5) Where after the restoration of polluted soil has been completed, the person responsible for the soil pollution or the land use rights holder fails to retain a relevant institution to conduct assessment of the efficacy of the restoration.

Article 85: Where the second paragraph of article 21 of this law, article 44, the first and third paragraphs of article 45, the second paragraph of article 50, or the first paragraph of article 54, are violated by failure to file for the record, the local people's government's competent departments for environmental protection, land and resources, and industry and information technology department have the right to order corrections; where the circumstances are serious, they may give a fine of between 10,000 and 50,000 RMB.

Article 86: Where soil pollution causes damages to person or property, tort liability shall be borne in accordance with the relevant provisions of the "Tort Liability Law of the People's Republic of China".

Where the person responsible for the soil pollution cannot be identified or has died, and the land use rights holder fails to assume the obligations of soil pollution risk control and restoration in accordance with the provisions of this Law, causing damage to persons or property, they shall bear tort liability in accordance with the law.

Article 87: Where the person responsible for soil pollution fails to undertake the obligations of soil pollution risk control and restoration in accordance with the provisions of this law, the land use rights holder may file a suit with the people's courts requesting that the person responsible for the soil pollution fulfill the corresponding obligations.

Where the person responsible for soil pollution fails to perform the obligations in accordance with an effective judgment, the people's courts may retain another person to perform in their stead, and the necessary expenses incurred are to be borne by the person responsible for soil pollution.

Where land use rights holders conduct the risk control and restoration themselves, they may seek recovery of the expenses incurred from the person responsible for the soil pollution after the risk control and restoration has been completed.

Article 88: Where the soil pollution causes great damage to the environment, the competent department for environmental protection may raise a suit for compensation of damages on behalf of the State.

Article 89: In tort responsibility disputes resulting caused by soil pollution, the parties may apply for mediation to the local people's government's competent department for environmental protection or other relevant departments, and may also file a lawsuit with the people's courts.

Article 90: Where the persons responsible for soil pollution bears administrative or criminal liability for the same pollution, it does not affect their bearing civil liability in accordance with law.

Article 91: Carrying out acts prohibited by this law so as to constitute a violation of the administration of public security are to be punished by the public security organs; where a crime is constituted, criminal responsibility is to be pursued in accordance with law.

Chapter IX: Supplementary Provisions

Article 92: "Soil" as used in this Law refers to the synthesis of loose porous material layers and their related natural and geographical elements that are capable of growing plants on the land surface.

"Soil pollution" as used in this Law refers to the entry of a certain substance into the soil caused by human factors, thereby causing changes in the chemical, physical, biological, and other characteristics of the soil, affecting the function and effective use of the soil, and harming human health or damaging ecological safety.

Article 93: Where there is a need to import soil for scientific research and other special reasons, relevant State regulations on exit-entry inspection and quarantine shall be followed.

Article 94: This law will take effect on XX/XX/XXXX.

 

Print Friendly, PDF & Email
Tip Us!

Be the first to comment

Leave a Reply

Your email address will not be published.


*