With the continuous deepening of China's industrial structure adjustment and the accelerating pace of urbanization, a large number of industrial and mining enterprises have been relocated. Before the original corporate land was re-exploited and utilized, the residential buildings or business, schools, and medical facilities were directly developed and constructed without soil environmental investigation and risk assessment. Public housing facilities, such as pension institutions, will pose potential safety risks to public health and the ecological environment.
In order to strengthen the supervision and management of environmental protection of polluted land, according to the "Environmental Protection Law" and other laws and regulations and the "Soil Pollution Prevention Action Plan", the Ministry of Environmental Protection has recently formulated and issued the "Pollution Soil Environmental Management Measures (Trial)" (following The abbreviation "Measures") will come into effect on July 1, 2017.
Qiu Qiwen, Director of the Department of Soil and Environmental Management of the Ministry of Environmental Protection, answered the reporter’s questions on January 23.
Clearly Regulatory Highlights Stress Risk Management China Industry News: What are the overall considerations of the Measures?
Qiu Qiwen: The first is to clarify the focus of supervision. Due to the complexity of the types of pollution plots and the unclear base, the relevant supervision and management tasks are heavy and the foundation is weak. Therefore, it is necessary to highlight the key points and seize the current high-risk pollution land for priority management in order to accumulate experience. In accordance with the "Soil Pollution Prevention Action Plan", the "Measures" will be used to reclaim land used for non-ferrous metal smelting, petroleum processing, chemical, coking, electroplating, leather and other industries, and land use will be changed to residential The aforementioned land for public facilities such as business, schools, medical care, and pension institutions will be the focus of supervision.
The second is to highlight risk management. In accordance with the specific requirements of the "Soil Pollution Prevention and Control Action Plan", on the basis of soil environmental surveys, the land use to be developed and used will be changed to residential sites and land for commercial sites, schools, medical care, retirement institutions and other public facilities. Human health risk assessment and risk management and control; For pollution lands that are not yet developed, carry out environmental risk assessment and risk management for the purpose of preventing pollution spread.
The third is to implement the responsibilities of all parties. According to the relevant provisions of the "Environmental Protection Law" and the "Soil Pollution Prevention Action Plan", the "Measures" clearly define the responsibilities of the land use right holder, the person responsible for soil pollution, professional organizations, and third-party agencies.
The fourth is to strengthen information disclosure. Drawing on international practices, the management of pollution plots has been established, and the main information for all aspects of the whole process should be disclosed to the public. Including the preliminary polluted soil environment investigation report of the suspected polluted land, detailed investigation report of the polluted soil environment, risk assessment results, risk management and control plan, treatment and remediation plan, and effect evaluation results.
Defining Contaminated Land and Clearly Managing Measures China Industry News: What specific management measures are provided for in the Measures?
Qiu Qiwen: The specific management measures stipulated in the Measures mainly include the following five aspects:
The first is to conduct a survey of the soil environment. A preliminary survey of the soil environment was carried out on the suspected polluted land to discriminate whether the soil and groundwater of the plot were polluted. A detailed survey of the soil environment was conducted on the polluted land to determine the type of pollutant and the degree, extent and depth of pollution.
The second is to conduct soil environmental risk assessment. For the polluted land determined by preliminary investigation of the soil environment, the risk grades of the polluted land are classified; on the basis of the detailed investigation of the soil environment, the risk assessment is carried out in conjunction with the specific use of the land, and the risk level is determined to provide scientific risk management, control, and restoration. in accordance with.
The third is to carry out risk management and control of contaminated land. According to the results of soil environmental surveys and risk assessments, a risk management plan should be formulated for the pollution land that requires risk management and control measures, and targeted risk management and control measures should be implemented. For example, to prevent the spread of contaminants in contaminated soil or groundwater, to protect sensitive environmental protection targets around the site and reduce the risk of damage.
The fourth is to carry out pollution land remediation and repair. For pollution lands that need to adopt governance and rehabilitation measures, implement governance and repair. Strengthen the supervision of rehabilitation and rehabilitation projects, and strengthen the prevention and control of secondary pollution in the process of rehabilitation and rehabilitation.
The fifth is to evaluate the effect of governance and rehabilitation. It is clearly stipulated that after the completion of the pollution land management and restoration project, the land use right holder shall entrust a third party organization to evaluate the effects of the treatment and rehabilitation.
To clarify the responsibility of all parties to punish China Industry News in accordance with laws and regulations: How is the “Measures†stipulated on the related responsibilities of polluted land?
Qiu Qiwen: In accordance with the relevant provisions of the Environmental Protection Law and the Soil Pollution Prevention Action Plan, the Measures clarify the responsibilities of land use rights holders, persons responsible for soil pollution, professional organizations, and third party organizations.
One is the responsibility of the land-use right person. The land-use right holder shall be responsible for the preliminary investigation of the soil environment of the suspected polluted land, the detailed investigation of the soil environment of the contaminated site, risk assessment, risk management or control, rehabilitation and effect evaluation, and shall be responsible for the results of the above-mentioned activities.
The second is the responsibility for governance and repair. According to the principle of "whoever pollutes, who govern," the unit or individual that causes soil pollution shall bear the main responsibility of governance and restoration. Where there is a change in the main body of responsibility, the unit or individual that inherits its creditor's rights or debts after the change shall bear the related responsibilities. Where the main body of liability is lost or the responsible party is not clear, the local people's government at the county level is responsible for the relevant responsibilities. Where the right to the use of land is transferred according to law, the assignee of the land use right or the person appointed by both parties shall bear the related responsibilities. Where the land use right terminates, the original land use right holder shall bear the relevant responsibility for the soil pollution caused during the use of the land. Implementation of a system of life-long responsibility for soil pollution control and rehabilitation.
The third is the responsibility of professional agencies and third-party agencies. The professional organizations commissioned to engage in activities related to suspected polluted sites and contaminated sites, or third-party agencies entrusted with the assessment of the effects of governance and rehabilitation, shall abide by relevant national and local environmental standards and technical specifications, and investigate the relevant activities. It is responsible for assessing the authenticity, accuracy and completeness of the report. The professional institutions commissioned to engage in risk management, control, and rehabilitation shall comply with the relevant national environmental standards and technical specifications, and shall bear the corresponding responsibilities for the effectiveness of risk management, control, and rehabilitation in accordance with the stipulations in the entrustment contract. The professional institutions entrusted with risk management, control, and rehabilitation are falsified in activities such as risk management, control, and rehabilitation, causing environmental pollution and ecological damage. In addition to being punished in accordance with relevant laws and regulations, they should also be responsible for causing environmental pollution and ecology. The other responsible for the destruction are jointly and severally liable.
In order to strengthen the supervision and management of environmental protection of polluted land, according to the "Environmental Protection Law" and other laws and regulations and the "Soil Pollution Prevention Action Plan", the Ministry of Environmental Protection has recently formulated and issued the "Pollution Soil Environmental Management Measures (Trial)" (following The abbreviation "Measures") will come into effect on July 1, 2017.
Qiu Qiwen, Director of the Department of Soil and Environmental Management of the Ministry of Environmental Protection, answered the reporter’s questions on January 23.
Clearly Regulatory Highlights Stress Risk Management China Industry News: What are the overall considerations of the Measures?
Qiu Qiwen: The first is to clarify the focus of supervision. Due to the complexity of the types of pollution plots and the unclear base, the relevant supervision and management tasks are heavy and the foundation is weak. Therefore, it is necessary to highlight the key points and seize the current high-risk pollution land for priority management in order to accumulate experience. In accordance with the "Soil Pollution Prevention Action Plan", the "Measures" will be used to reclaim land used for non-ferrous metal smelting, petroleum processing, chemical, coking, electroplating, leather and other industries, and land use will be changed to residential The aforementioned land for public facilities such as business, schools, medical care, and pension institutions will be the focus of supervision.
The second is to highlight risk management. In accordance with the specific requirements of the "Soil Pollution Prevention and Control Action Plan", on the basis of soil environmental surveys, the land use to be developed and used will be changed to residential sites and land for commercial sites, schools, medical care, retirement institutions and other public facilities. Human health risk assessment and risk management and control; For pollution lands that are not yet developed, carry out environmental risk assessment and risk management for the purpose of preventing pollution spread.
The third is to implement the responsibilities of all parties. According to the relevant provisions of the "Environmental Protection Law" and the "Soil Pollution Prevention Action Plan", the "Measures" clearly define the responsibilities of the land use right holder, the person responsible for soil pollution, professional organizations, and third-party agencies.
The fourth is to strengthen information disclosure. Drawing on international practices, the management of pollution plots has been established, and the main information for all aspects of the whole process should be disclosed to the public. Including the preliminary polluted soil environment investigation report of the suspected polluted land, detailed investigation report of the polluted soil environment, risk assessment results, risk management and control plan, treatment and remediation plan, and effect evaluation results.
Defining Contaminated Land and Clearly Managing Measures China Industry News: What specific management measures are provided for in the Measures?
Qiu Qiwen: The specific management measures stipulated in the Measures mainly include the following five aspects:
The first is to conduct a survey of the soil environment. A preliminary survey of the soil environment was carried out on the suspected polluted land to discriminate whether the soil and groundwater of the plot were polluted. A detailed survey of the soil environment was conducted on the polluted land to determine the type of pollutant and the degree, extent and depth of pollution.
The second is to conduct soil environmental risk assessment. For the polluted land determined by preliminary investigation of the soil environment, the risk grades of the polluted land are classified; on the basis of the detailed investigation of the soil environment, the risk assessment is carried out in conjunction with the specific use of the land, and the risk level is determined to provide scientific risk management, control, and restoration. in accordance with.
The third is to carry out risk management and control of contaminated land. According to the results of soil environmental surveys and risk assessments, a risk management plan should be formulated for the pollution land that requires risk management and control measures, and targeted risk management and control measures should be implemented. For example, to prevent the spread of contaminants in contaminated soil or groundwater, to protect sensitive environmental protection targets around the site and reduce the risk of damage.
The fourth is to carry out pollution land remediation and repair. For pollution lands that need to adopt governance and rehabilitation measures, implement governance and repair. Strengthen the supervision of rehabilitation and rehabilitation projects, and strengthen the prevention and control of secondary pollution in the process of rehabilitation and rehabilitation.
The fifth is to evaluate the effect of governance and rehabilitation. It is clearly stipulated that after the completion of the pollution land management and restoration project, the land use right holder shall entrust a third party organization to evaluate the effects of the treatment and rehabilitation.
To clarify the responsibility of all parties to punish China Industry News in accordance with laws and regulations: How is the “Measures†stipulated on the related responsibilities of polluted land?
Qiu Qiwen: In accordance with the relevant provisions of the Environmental Protection Law and the Soil Pollution Prevention Action Plan, the Measures clarify the responsibilities of land use rights holders, persons responsible for soil pollution, professional organizations, and third party organizations.
One is the responsibility of the land-use right person. The land-use right holder shall be responsible for the preliminary investigation of the soil environment of the suspected polluted land, the detailed investigation of the soil environment of the contaminated site, risk assessment, risk management or control, rehabilitation and effect evaluation, and shall be responsible for the results of the above-mentioned activities.
The second is the responsibility for governance and repair. According to the principle of "whoever pollutes, who govern," the unit or individual that causes soil pollution shall bear the main responsibility of governance and restoration. Where there is a change in the main body of responsibility, the unit or individual that inherits its creditor's rights or debts after the change shall bear the related responsibilities. Where the main body of liability is lost or the responsible party is not clear, the local people's government at the county level is responsible for the relevant responsibilities. Where the right to the use of land is transferred according to law, the assignee of the land use right or the person appointed by both parties shall bear the related responsibilities. Where the land use right terminates, the original land use right holder shall bear the relevant responsibility for the soil pollution caused during the use of the land. Implementation of a system of life-long responsibility for soil pollution control and rehabilitation.
The third is the responsibility of professional agencies and third-party agencies. The professional organizations commissioned to engage in activities related to suspected polluted sites and contaminated sites, or third-party agencies entrusted with the assessment of the effects of governance and rehabilitation, shall abide by relevant national and local environmental standards and technical specifications, and investigate the relevant activities. It is responsible for assessing the authenticity, accuracy and completeness of the report. The professional institutions commissioned to engage in risk management, control, and rehabilitation shall comply with the relevant national environmental standards and technical specifications, and shall bear the corresponding responsibilities for the effectiveness of risk management, control, and rehabilitation in accordance with the stipulations in the entrustment contract. The professional institutions entrusted with risk management, control, and rehabilitation are falsified in activities such as risk management, control, and rehabilitation, causing environmental pollution and ecological damage. In addition to being punished in accordance with relevant laws and regulations, they should also be responsible for causing environmental pollution and ecology. The other responsible for the destruction are jointly and severally liable.
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