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Regulations on the Prevention and Control of Soil Pollution in Guangdong Province (Draft submitted for review, deadline of September 9)

Release date: 2016-08-24

Chapter I General Provisions

Article 1 [Legislative Purpose]

In order to protect and improve the soil environment, prevent and control soil pollution, realize the sustainable use of soil resources, and ensure the quality of agricultural products and the safety of human settlements, in accordance with laws and regulations such as the "Environmental Protection Law of the People's Republic of China" and "Environmental Protection Regulations of Guangdong Province", Actually, make these regulations.

Article 2 [Scope of Application]

These regulations apply to soil pollution control and its supervision and management activities within the administrative region of the province.

Soil pollution refers to the entry of certain substances into the soil due to human activities or natural processes, causing the content of a certain component to be higher than national or local soil environmental quality standards, which causes the deterioration of soil environmental quality, affects the effective use of soil, and harms or may harm The phenomenon of human health and ecological security.

Article 3 [Working Principles]

The prevention and control of soil pollution should follow the principles of prevention first, protection priority, risk management and control, comprehensive improvement, public participation, and responsibility for damage.

Article 4 [Government Responsibility]

The people's governments at or above the county level are responsible for the quality of the soil environment in their respective administrative regions, incorporating soil pollution prevention work into the national economic and social development plan and organizing implementation, formulating policies for soil pollution prevention plan, and making full use of grassroots organizations such as villagers 'committees and residents' committees in the soil. It plays an important role in pollution prevention and promotes soil pollution prevention and control.

The people's governments at or above the county level shall strengthen financial guarantees for soil pollution prevention and control, establish and improve a diversified fund input and guarantee mechanism, and guide and encourage social funds to participate in soil pollution prevention and control. Township people's governments and sub-district offices shall carry out related work on soil pollution prevention and control in accordance with the provisions of laws and regulations and the functions and powers determined by the people's governments at higher levels.

Article 5 [Government Comprehensive Coordination Mechanism]

People's governments at or above the county level shall establish a comprehensive coordination mechanism for the prevention and control of soil pollution, establish a system of joint conferences on soil pollution control convened by government officials and participation of relevant departments, to study, coordinate and resolve major issues and issues in soil pollution control. The soil pollution disputes across administrative regions shall be settled by both parties in a coordinated manner, and those that cannot be resolved can be resolved through consultations with the people's government at the next higher level.

Article 6 [Cultivation of Soil Pollution Control Industry]

Encourage and advocate the marketization of soil pollution control, and establish a marketization mechanism for soil pollution control jointly participated by the government, society, and enterprises.

The people's governments at or above the county level shall adopt incentive measures and preferential policies to encourage and cultivate the development of the soil pollution control industry, promote the management of third-party institutions of soil pollution and their industrialization, and guide the healthy development of the marketization of soil pollution control.

Article 7 [Liabilities of Enterprises and Institutions]

Enterprises, institutions and other production and business operators shall take effective measures to protect and improve the soil environment and prevent soil pollution; those who cause soil pollution shall bear the responsibility for investigation and evaluation, risk management and control and repair.

Article 8 [Information Disclosure]

All units and individuals have the obligation to protect the soil environment.

Citizens, legal persons and other organizations have the right to obtain information on the soil environment, participate in and monitor the prevention and control of soil pollution, and have the right to report acts that pollute the soil environment.

The responsible entity for the investigation and assessment of soil environmental conditions, risk control and restoration shall disclose relevant information on soil environment to the society according to law.

People's governments at all levels and their relevant departments shall provide facilities and guarantees for the public to exercise these rights in accordance with the law.

Chapter II Supervision and Management of Soil Pollution Prevention and Control

Article 9 [Responsibilities of the competent administrative department]

The competent department of environmental protection of the people's government at or above the county level shall implement unified supervision and management of soil pollution prevention and control work in its own administrative region, organize the establishment of a soil environmental quality monitoring network and an information management platform, and supervise and investigate the investigation of soil environmental conditions and risk assessment and risk management and control of construction land. And restoration activities, and carry out supervision and enforcement of soil environmental protection in accordance with law.

The competent agricultural department of the people's government at or above the county level is responsible for implementing supervision and management of soil pollution prevention and control in agricultural products producing areas, formulating and implementing policies and measures for soil pollution prevention and control in agricultural products producing areas, organizing investigation, monitoring, evaluation and classification of soil environmental quality in agricultural products producing areas, and responsible for organizing agricultural products The environmental risk management and repair of contaminated soil in the production area shall be responsible for the investigation, treatment and emergency management of soil pollution accidents in agricultural production areas.

The competent land and resources department of the people's government at or above the county level is responsible for the supervision and management of pollution prevention and control during the development and utilization of mineral resources. It is responsible for the land use planning and use management of contaminated plots, and strengthens land acquisition, recovery, acquisition, transfer, and change of use in combination with soil environmental quality Supervision and management of links.

The competent department of housing and urban-rural construction of the people's governments at or above the county level is responsible for the supervision and management of the redevelopment and utilization of contaminated plots, and carries out urban-rural planning demonstration and approval management in conjunction with soil environmental quality.

The competent department of garbage and sewage treatment of the people's governments at or above the county level is responsible for the supervision and management of soil pollution prevention and control during the construction and operation of centralized sewage treatment facilities or sites such as domestic sewage and garbage treatment.

The competent authorities of development and reform, economy and informatization, finance, water conservancy, forestry, health, science and technology, transportation, safety supervision, tourism, marine fishery and other people's governments at or above the county level shall implement supervision and management of soil pollution prevention and control in accordance with their respective responsibilities.

Article 10 [Government Target Responsibility System]

The achievement of soil pollution prevention and control objectives should be included in the scope of environmental protection responsibilities of people's governments at all levels, and the results of the assessment will be announced to the society and used as a natural resource asset departure audit, party and government leading cadres responsible for ecological environmental damage, and special funds for soil pollution prevention and allocation. Important reference basis.

Article 11 [Soil Pollution Control Plan]

The competent department of environmental protection of the people's government at or above the county level shall, in conjunction with relevant departments, compile a soil pollution prevention plan for this administrative area based on environmental protection planning, main functional area planning, overall land use planning, urban and rural planning, and soil environmental quality status, etc., and report it to this level. The people's government announced the implementation after approval.

Article 12 [Standard for Soil Environmental Protection]

The provincial people's government shall formulate or improve relevant standards and technical specifications for soil environment monitoring, investigation and evaluation, risk management and control, and restoration in accordance with law.

Article 13 [Survey of Soil Environmental Quality]

The competent environmental protection department of the Provincial People's Government, in conjunction with the competent departments of agriculture, land resources and forestry, conducts surveys on soil environmental quality every ten years.

At the prefecture level, the competent departments of environmental protection, agriculture, etc. of the listed people's government shall carry out surveys on soil environmental quality at least every five years for soil-sensitive areas such as centralized drinking water source protection areas and edible agricultural product production areas.

Article 14 [Soil Environmental Quality Monitoring]

The competent environmental protection department of the Provincial People's Government, in conjunction with the competent departments of agriculture, land resources and forestry, shall establish a unified soil environmental quality monitoring network, improve the monitoring system, and strengthen the training of soil environmental monitoring technicians.

The competent department of environmental protection of the people's government at or above the county level shall organize environmental monitoring activities such as soil environmental quality monitoring, pollution source supervisory monitoring, environmental law enforcement monitoring, and environmental emergency monitoring.

The competent agricultural department of the people's government at or above the county level shall establish a mechanism for the investigation, monitoring, evaluation, and classification of soil environmental quality and safety of the place of origin of agricultural products, with a focus on strengthening the monitoring of the quality of soil environment of the place of production of edible agricultural products such as grain, oil, vegetables, and fruits in the region.

Article 15 [Soil Environment Informationization Management Platform]

The provincial environmental protection department of the People's Government of the People's Republic of China should work with the national land resources, housing, urban and rural construction, agriculture, forestry and other competent departments to establish a basic soil environment database, build a provincial soil environment information management platform and perform dynamic updates, strengthen data sharing, and give play to the soil environment foundation. The role of data in pollution prevention, urban and rural planning, land use, and agricultural production.

Article 16 [Survey of soil pollution during land use change and transfer]

Where the land use rights of the following types of construction land are to be recovered or their uses are to be changed to residential, commercial, school, medical, old-age care institutions, etc., the land use right holder shall conduct an investigation and evaluation of the soil environment:

(1) Land for enterprises in industries such as non-ferrous metal smelting, petroleum processing, chemical engineering, coking, electroplating, tanning, pharmaceutical manufacturing, lead-acid batteries, rubber and plastic products;

(2) Land for facilities such as thermal power generation, gas production and supply, domestic garbage treatment, solid waste treatment, and hazardous waste disposal;

(3) At the prefecture level, other construction land that needs to be investigated and evaluated for soil environmental conditions as proposed by the listed environmental protection authority according to industry pollution characteristics and environmental regulatory requirements.

Where the land use right for the above-mentioned construction land has been recovered, and heavily-polluted agricultural land is converted into urban construction land, the county-level people's government of the locality is responsible for organizing investigation and evaluation.

If the investigation and assessment of the soil environmental conditions are not carried out in accordance with the regulations, the competent department of housing urban and rural construction shall not handle detailed urban land planning adjustments, and the competent department of land and resources shall not handle related procedures such as change of use or transfer of land use rights.

Article 17 [Survey of Soil Environment and Risk Assessment]

Relevant departments of the people's governments at or above the county level shall, through investigation, monitoring, on-site inspections, or receive reports, for land plots that have hidden soil pollution hazards that involve construction land, the environmental protection authorities of the people's governments at or above the county level shall urge the soil pollution The person in charge or the right to use the land shall carry out investigation and risk assessment of the soil environment in accordance with the relevant regulations; if the origin of agricultural products is involved, the competent agricultural department of the people's government at or above the county level shall organize the investigation and risk assessment of the soil environment; For forest land, the forestry department of the people's government at or above the county level shall organize the investigation and risk assessment of the soil environment.

Article 18 [Procedure Requirements for Survey and Risk Assessment of Soil Environmental Conditions]

The responsible entity for the investigation and risk assessment of soil environmental conditions shall entrust a third party agency to conduct investigations and risk assessments of soil environmental conditions, and prepare reports and investigations of soil environmental conditions in accordance with relevant national technical specifications. In the case of construction land, the investigation and evaluation report will be publicly disclosed to the local people's government at or above the county level for environmental protection, housing, urban and rural construction, and land and resources administration; For the record; if it involves forest land, report it to the competent forestry and environmental protection department of the people's government at or above the county level for the record.

Article 19 [On-site inspection]

The competent departments of environmental protection of people's governments at all levels and other departments that have the responsibility for the supervision and management of soil pollution prevention and control have the right to conduct on-site inspections of enterprises, institutions and other producers and operators that may cause soil pollution in their jurisdictions. The inspected unit shall truthfully report the situation and provide necessary information. The department conducting the on-site inspection and its staff shall keep commercial secrets for the inspected unit.

Article 20 [Control of Soil Pollution in Key Areas]

At the prefecture level, the listed people's government can designate key areas for soil pollution prevention and control based on the planning of main functional areas and the quality of the regional soil environment.

The people's government that delineates the key areas for soil pollution prevention and control shall establish a cooperative mechanism for soil pollution prevention and control, and formulate and implement comprehensive soil environment management plans in key areas.

Chapter III Soil Environmental Protection and Pollution Prevention

Article 21 [Reasonable industrial layout and spatial layout]

People's governments at or above the county level and their departments with supervision and management responsibilities should strengthen the development planning and construction project demonstration, reasonably determine regional functional positioning and spatial layout based on soil and other environmental carrying capacity; rationally plan industrial layout, and strictly restrict industrial access It is forbidden to build new non-ferrous metal smelting, coking and other industries in the surrounding areas of residential areas, schools, medical and pension institutions, etc., and those already established shall be gradually adjusted or relocated.

Article 22 [Environmental protection of unused soil]

The people's governments at or above the county level shall strengthen environmental protection of unused land, rationally develop unused land, and prevent soil pollution.

If the unused land is intended to be developed for agricultural use, the competent agricultural department of the people's government at or above the county level shall organize the investigation and evaluation of the quality of the soil environment. If it does not meet the relevant standards, it shall not plant edible agricultural products.

Article 23 [Key soil environmental supervision enterprises]

The competent department of environmental protection of the people's government at or above the county level shall strengthen the environment for high-risk industries such as non-ferrous metal smelting, petroleum processing, chemical engineering, coking, electroplating, tanning, pharmaceutical manufacturing, lead-acid batteries, rubber plastic products, and hazardous waste disposal. Supervision.

The competent department of environmental protection of the people's government at or above the county level shall determine and publish a list of key soil environmental supervision enterprises according to the local soil environmental quality status and the pollutant discharge status of industrial and mining enterprises, and regularly monitor the land use and surrounding soil environment. Monitoring data shall be uploaded in a timely manner Soil environment information management platform.

The key environmental monitoring enterprises of the soil shall, in accordance with the regulations and monitoring specifications of the competent environmental protection department, carry out soil environmental monitoring on their land in accordance with the law and make the results public to the society.

Article 24 [Prevention of adverse effects of industrial activities]

Enterprises and institutions that discharge pollutants and other producers and operators shall take the following measures to prevent pollution of the soil environment:

(1) adopting clean production techniques and technologies to reduce the generation of pollutants;

(2) supporting the construction of pollution treatment facilities and maintaining normal operation to prevent the waste gas, waste water, waste residue, dust, radioactive substances, etc. from causing pollution and harm to the soil environment;

(3) To collect, store, transport, and dispose of chemical substances, solid wastes, and other toxic and hazardous substances, measures shall be taken to prevent the leakage and transfer of pollutants;

(4) Regularly inspect the operation of production and environmental protection facilities and equipment, and timely discover and deal with issues such as the scattering, loss, and leakage of materials, products, or waste during the production process. It is prohibited to discharge or dump toxic and harmful industrial waste water, waste gas and solid waste into the soil environment illegally.

Before dismantling production facilities and equipment, structures and pollution control facilities, industrial enterprises in accordance with Article 16 of these regulations shall formulate a plan for cleaning and safe disposal of residual pollutants and report to the local county-level environmental protection, economic and informationization department for the record.

Article 25 [General requirements for the prevention and control of soil pollution in construction projects]

The environmental impact assessment of construction projects shall include assessment of possible impacts on soil environmental quality and corresponding preventive measures.

The environmental impact assessment of construction projects such as housing, schools, medical care and old-age institutions shall investigate and analyze the environmental impact of the surrounding polluted land and pollution sources on the project.

The soil pollution prevention facilities supporting the construction project shall be designed, constructed and put into use at the same time as the main project.

Article 26 [Prevention of adverse effects of mining activities]

Mining enterprises shall take protective measures to prevent pollution of the soil and the environment by waste gas, waste water, tailings, vermiculite, etc. in mining mining, beneficiation and transportation activities.

Mining enterprises shall close or cancel the tailings depot in a timely manner, and carry out mine ecological protection and governance restoration in accordance with the law. Enterprises with key environmental supervision tailings ponds should conduct environmental risk assessments, establish risk management control systems, improve pollution control facilities, and reserve emergency supplies.

Article 27 [Prevention of adverse effects of agricultural activities]

Farmers and agricultural production and operation organizations shall use agricultural inputs such as fertilizers, pesticides, veterinary drugs, feed and feed additives, and agricultural films in a reasonable manner. It is prohibited to use agricultural inputs that are prohibited, eliminated, or unauthorized by national and local regulations. Garbage, sludge, and industrial waste are used directly as fertilizer.

Encourage farmers and agricultural production and operation organizations to use environmentally-friendly agricultural films. Farmers and agricultural production and operation organizations shall recycle packaging wastes containing pesticides, expired scrap pesticides and non-degradable agricultural films, and shall not discard them at will. The competent agricultural department of the people's government at or above the county level shall set up a network for the recovery, storage, transportation, and comprehensive utilization of agricultural input waste in accordance with actual conditions.

Irrigation water should meet the water quality standards for farmland irrigation water. The competent department of environmental protection of the county-level people's government shall, together with the competent department of water conservancy and agriculture, strengthen water quality monitoring of farmland irrigation water. If the water quality does not meet the water quality standards for farmland irrigation water, the county-level people's government shall take measures to improve it.

Units and individuals engaged in centralized breeding of livestock, poultry, and aquatic products shall comprehensively utilize and harmlessly treat manure, wastewater, and other wastes, and only discharge them after meeting the relevant national and local standards. The competent departments of agriculture and marine fishery of the people's governments at or above the county level shall strengthen supervision, guidance and services for the comprehensive utilization of livestock and poultry and aquaculture wastes.

Article 28 [Prevention of adverse effects of domestic garbage and its disposal]

For landfill and incineration of domestic garbage, the site operator shall adopt non-hazardous measures such as anti-corrosion, anti-seepage and dust removal to prevent pollution of surrounding soil and groundwater. After the landfill is closed, the landfill management agency shall regularly monitor and evaluate its impact on the surrounding soil and groundwater environment, and carry out subsequent maintenance and management.

When constructing facilities and sites for the centralized disposal of domestic garbage, sanitary protection distances shall be set in accordance with national standards. If the sanitation protection distance setting does not meet the requirements, it shall be rectified in time.

Article 29 [Prevention of adverse effects of dangerous substances]

Units or individuals producing, storing, using, operating and transporting dangerous chemicals shall take measures to prevent accidents of dangerous chemicals and prevent leakage or release of dangerous chemicals to the soil environment.

Units or individuals producing, collecting, storing, utilizing, transporting, and disposing of hazardous waste shall take measures to prevent the spread, loss, and leakage of hazardous waste, and it is forbidden to discard, dump, or stow hazardous waste to avoid causing soil environmental pollution.

Article 30 [Preventing the adverse effects of waste recycling]

Units or individuals engaged in the recycling of electronic waste, used cars, ships, and abandoned tires shall take measures to prevent soil and groundwater pollution, and shall not adopt technologies or processes that are explicitly eliminated or banned by the state.

The people's governments at or above the county level shall guide the relevant units or individuals specified in the preceding paragraph to adopt advanced and applicable processing technologies, agglomerate development, and centrally construct and operate pollution control facilities to prevent pollution of soil and groundwater.

Article 31 [Treatment of urban sewage centralized treatment facilities and sludge]

The urban sewage centralized treatment facility maintenance and operation unit or the sludge treatment and disposal unit shall treat and dispose of the sludge, and shall comply with national and local standards. No unit or individual is allowed to dump, pile, discard or leave sludge without authorization.

Relevant departments of people's governments at or above the county level shall strictly supervise the construction, operation and sludge transfer process of sludge treatment and disposal facilities in strict accordance with relevant requirements.

Article 32 [Prevention of adverse environmental effects of oil pipelines and oil storage tanks]

The design, construction and use of oil pipelines, oil storage tanks, and gas stations should meet the requirements of anti-corrosion, anti-leakage and anti-evaporation. The owner or operator of the facility shall regularly maintain and monitor the facility to prevent contamination of soil and groundwater.

Chapter IV Environmental Risk Management and Remediation of Contaminated Soil

Article 33 [Classified management of agricultural land soil environment]

Establish a classification and management system for agricultural land soil environment. According to the quality of the soil environment, uncontaminated and slightly polluted agricultural land is classified as a priority protection category, light and moderate pollution is classified as a safe use category, and severe pollution is classified as a strict control. class.

Priority protection of cultivated land shall be given priority to permanent basic farmland and strict protection shall be implemented.

For cultivated land for safe use, the following measures shall be taken:

(1) Develop and implement a plan for the safe use of polluted farmland;

(2) Strengthen the monitoring of soil environmental quality and agricultural product quality;

(3) adopt measures such as agronomic regulation and replacement of planting to control the entry of pollutants into agricultural products;

(4) Carry out adjustment of planting structure and implement fallow cultivation according to needs;

(5) Strengthen technical guidance and training for farmers and agricultural production and operation operators.

For cultivated land under strict control, the following measures shall be taken:

(1) Formulate environmental risk management and control plans;

(2) Delimiting production areas of specific agricultural products in accordance with law, and cultivating edible agricultural products is strictly prohibited;

(3) Reasonably select and adjust the planting structure, and carry out an orderly fallow and returning farmland to forests and grasslands.

Contaminated arable land can be rehabilitated according to actual conditions.

The competent agricultural department of the people's government at or above the county level, together with the competent departments of environmental protection, land resources, and forestry, shall establish a classification file of agricultural land and incorporate it into the provincial soil environment information management platform. Focusing on cultivated land, implement classified management to ensure the quality and safety of agricultural products.

Article 34 [Recording of Contaminated Land Names]

The competent land and resources department of the people's government at or above the county level shall, in conjunction with the competent environmental protection department, establish a directory of contaminated plots of construction land based on the results of the investigation and risk assessment of the soil environment, and update them in a timely manner.

Article 35 [Management of Construction Land Use]

The competent departments of land and resources, urban and rural planning of the people's governments at or above the county level shall incorporate the requirements for environmental management of soil for construction land into urban planning and land supply management, and shall fully consider the quality of soil environment when preparing overall land use plans, overall urban plans, and regulatory detailed plans , Determine the land use reasonably.

The parcels that do not meet the requirements for the quality of the soil environmental quality of the corresponding planned land shall be rehabilitated. If they are not rehabilitated or are not in compliance with the relevant standards, the relevant departments shall not go through the relevant approval procedures for planning, land supply and construction.

For contaminated land that is not being developed or used for the time being, or where there are no remediation conditions at the current stage, the local people's government at the county level shall urge the responsible parties to take timely environmental risk control measures such as pollution isolation and blocking to prevent the spread of pollution.

Article 36 [Risk management, repair, and liability for damages]

Units or individuals that cause soil pollution shall be responsible for the investigation and risk assessment of soil environmental conditions, risk control and restoration, and compensation for damages. If the responsible subject changes, the unit or individual who inherits its creditor's rights or debts after the change shall bear the relevant responsibilities; if the land use right is transferred according to law, the land use right transferee or the responsible parties agreed upon by both parties shall bear the relevant responsibilities. If the responsible subject is lost or unclear, the local county-level people's government shall bear the relevant responsibilities according to law. The cost of restoration shall be included in the costs of enterprise relocation, enterprise restructuring, or land remediation.

Land use right holders and collective land owners who have made serious mistakes in soil pollution caused by enterprises, institutions and other operators shall bear joint and several liability for the repair of contaminated soil.

Article 37 [Risk Control Measures for Contaminated Land]

Where environmental pollution control is required for a contaminated site, the relevant responsible entity shall adopt risk management and control measures such as reducing or stopping the discharge of pollutants, suspending production and remediation, and isolating and blocking pollutants to reduce soil pollution hazards or prevent pollution from expanding.

The people's government at or above the county level and its related departments where the contaminated land is located may, according to the specific circumstances, take the following measures to reduce the harm of soil pollution or avoid the expansion of pollution:

(1) ordering the relevant units that discharge pollutants to make corrections within a time limit;

(2) ordering the relevant units that discharge pollutants to restrict production or suspend production for rectification;

(3) Ordering relevant units that discharge pollutants to remove or clean up pollutants;

(4) Strengthen corresponding soil pollution monitoring and environmental law enforcement;

(5) issuing an announcement, setting up a logo or setting up a fence;

(6) adopt isolation measures to prevent the spread of pollution;

(7) Carry out quality inspection of agricultural products, and control or destroy contaminated agricultural products;

(8) Evacuate residents and restrict personnel access;

(9) Other necessary measures.

Article 38 [Remediation Plan for Contaminated Land]

If contaminated land needs to be rehabilitated, the responsible entity shall formulate a remediation plan for the contaminated soil according to the results of the investigation of the soil environment and the risk assessment, as well as the requirements of the land use planning and relevant departments. Where construction land is involved, the restoration plan shall be publicly disclosed to the local people ’s government at or above the county level for environmental protection, housing, urban and rural construction, and land and resources departments; for agricultural product origin, report to the local people ’s government at or above the county level If it involves forest land, report it to the competent forestry and environmental protection department of the people's government at or above the county level for the record.

The responsible entity shall implement soil remediation activities in strict accordance with the filing plan. If it is really necessary to make major adjustments to the plan during the restoration process, a supplementary plan shall be prepared and the reasons for the adjustment plan shall be clearly stated and reported to the original filing authority for the record.

Article 39 [Secondary Pollution Control]

Responsible subjects shall not cause new pollution to the soil and its surrounding environment when carrying out remediation activities of contaminated soil, and entrust a third party agency to conduct environmental supervision on the remediation project. Wastewater, waste gas, solid waste, etc. generated during the remediation process shall be treated and disposed of according to law to prevent secondary pollution. During the construction of the project, the basic situation of the project, its environmental impact and its precautionary measures shall be disclosed, and if it involves the transfer of contaminated soil to another place, it shall report to the competent department of environmental protection of the people's government at or above the county level in the place where it was received and where it was received.

The competent environmental protection department of the people's government at or above the county level shall, in conjunction with relevant departments, supervise and inspect the implementation of environmental protection measures, pollutant discharge, and operation of environmental protection facilities in the process of remediation of contaminated soil.

Article 40 [Evaluation of Restoration Effect]

After the contaminated soil remediation project is completed, the responsible entity shall entrust a third party to evaluate the effect of contaminated soil remediation and prepare an evaluation report. In the case of construction land, the evaluation report will be publicly disclosed to the local people's government at or above the county level for environmental protection, housing, urban and rural construction, and land and resources administration. For the record; if it involves forest land, report it to the competent forestry and environmental protection department of the people's government at or above the county level for the record.

The post-operational repair works are required, and the responsible entity shall maintain and operate the repair facilities in accordance with relevant regulations.

Article 41 [Requirements of Employed Institutions]

The competent department of environmental protection of the people's government at or above the county level shall strengthen the management of units and personnel engaged in the investigation of soil environmental conditions and risk assessment, the formulation of restoration plans, the construction of restoration projects, the assessment of restoration effects, and environmental supervision in these regulations, and establish and improve supervision mechanisms; The competent departments of environmental protection and agriculture of the people's government can organize experts to consult and demonstrate the reports formed by relevant responsible subjects during the investigation of soil environmental conditions, risk assessment, formulation of remediation plans, construction of remediation projects, assessment of remediation effects, and environmental supervision.

Article 42 [Emergency treatment of sudden soil environmental pollution incidents]

The environmental protection, land and resources, agriculture, forestry and other competent departments of the people's governments at or above the county level shall incorporate the content of soil pollution prevention and control into relevant emergency emergency plans, strengthen the management of soil environmental emergency management and disposal and rescue capacity, and improve the emergency response to soil environmental emergency ability.

Key soil environmental supervision enterprises shall, in accordance with the requirements of relevant laws, regulations and standards, carry out risk assessment of soil environmental emergencies, improve prevention and control measures, investigate potential health and safety hazards, formulate emergency plans and conduct regular exercises to strengthen soil environmental emergencies. Emergency support construction. In the event of or possible occurrence of an environmental incident of soil pollution, enterprises and institutions shall deal with it in accordance with law and bear responsibility for the damage caused.

Chapter V Legal Liability

Article 43 [Legal Liability of Supervision Department]

People's governments at all levels, their environmental protection authorities, and other departments exercising environmental supervision and management rights violate these Regulations in one of the following circumstances and without justified reasons, their competent departments or supervisory departments shall be directly responsible for the persons in charge according to law And other directly responsible persons shall be given administrative sanctions in accordance with the law; if a crime is constituted, criminal responsibility shall be investigated in accordance with the law.

(1) Failure to incorporate soil pollution prevention work into the target responsibility assessment and evaluation system according to law;

(2) Failure to organize the investigation and evaluation of soil environmental conditions in accordance with regulations;

(3) Failure to establish a soil environment monitoring network and organize monitoring in accordance with regulations;

(4) Failure to establish a soil environment information management platform according to law;

(5) Violating the provisions of these regulations in approving project construction and planning, and completing the procedures for land supply for construction use;

(6) Failure to supervise and inspect the risk control and repair of the contaminated land according to law;

(7) Illegal approval of occupation of agricultural land;

(8) Failure to perform the obligation of information disclosure in accordance with law;

(9) illegal use of funds for the prevention and control of soil pollution;

(10) Other acts that do not perform their duties according to law.

Article 44 [Legal Liability of Agricultural Producers]

In the case of illegal use of agricultural inputs, sewage, sludge, domestic waste, industrial waste, etc. that exceed the limits of heavy metals and organic pollutants in the place of origin of agricultural products, the competent agricultural department of the people's government at or above the county level shall order them to make corrections within a time limit. A fine of more than 1,000 yuan but less than 10,000 yuan shall be imposed on the unit.

Article 45 [Legal Liability of Key Soil Environment Supervision Enterprises]

Key soil environmental supervision enterprises that fail to monitor their land use and surrounding soil in accordance with regulations shall be ordered to make corrections within a specified period of time by the competent environmental protection department; those who fail to make corrections within the time limit shall be fined 20,000 to 50,000 yuan and entrusted by the competent environmental protection department according to law The monitoring is carried out by a third-party organization, and the costs are borne by the key environmental monitoring enterprises.

Article 46 [Legal liability of soil polluters]

In the case of soil pollution caused by enterprises, institutions, and other producers and operators, the environmental protection authorities of the people's governments at or above the county level and other departments that exercise environmental supervision and management powers shall be ordered to stop illegal acts, conduct soil environmental investigations and risk assessments within a time limit, and order The responsible party shall adopt measures such as risk control, repair, etc .; if the circumstances are serious, it shall be reported to the people's government with the right of approval and may be ordered to suspend business or be closed.

Article 47 [Legal Liability for Environmental Demolition]

In violation of the provisions of these Regulations, when dismantling production facilities, equipment, structures and pollution treatment facilities, no plan for cleaning up and safe disposal of residual pollutants has been formulated, or the plan has not been reported to the relevant competent authority for record, or the dismantling has not been carried out in accordance with the plan, and the county level or above The competent department of environmental protection of the people's government or the competent department of economics and informatization ordered the correction and imposed a fine of 100,000 yuan up to 200,000 yuan.

Article 48 [Legal liability of third parties for the prevention and control of soil pollution]

Soil environmental monitoring, investigation of soil environmental conditions of construction land, and risk assessment agencies for fraudulent activities in related environmental services shall be punished by the environmental protection department of the people's government at or above the county level and fined more than 100,000 and less than 500,000. If they are responsible for the environmental pollution and ecological damage caused, they shall also bear joint responsibility with those responsible for the environmental pollution and ecological damage.

Article 49 [Legal Liability of Subjects Responsible for Risk Control and Restoration]

In the course of conducting investigations on soil environmental conditions, risk assessment, and pollution control activities, the responsible party for risk control and restoration shall, in violation of the provisions of these Regulations, commit one of the following acts, the environmental protection authority of the people's government at or above the county level or other law enforcement soil pollution The department in charge of prevention and control supervision shall order correction and impose a fine of 100,000 to 200,000 yuan; if the circumstances are serious, order to restrict production or suspend production for rectification, and impose a fine of 200,000 to 500,000 yuan:

(1) Failure to organize investigation and risk assessment of soil environmental conditions in accordance with regulations;

(2) failing to prepare the investigation and risk assessment report of the soil environmental condition as required, or failing to submit the investigation and risk assessment report of the soil environmental condition to the relevant department for the record;

(3) Failure to carry out soil pollution risk management and control in accordance with regulations;

(4) Failure to compile a contaminated soil remediation plan in accordance with regulations, or fail to implement remediation activities in accordance with the contaminated soil remediation plan;

(5) failing to adopt pollution prevention and safety protection measures in accordance with regulations in the process of soil remediation;

(6) Failing to entrust a third-party agency to perform the effect evaluation and submit the record after the completion of the soil restoration project;

(7) Failure to disclose information such as surveys and risk assessments of soil environmental conditions, remediation of contaminated soils, and effect evaluations to the society as required;

(8) Fraudulent acts in the process of investigation and assessment of soil environmental conditions, risk control and restoration;

(9) Contaminated sites were transferred without investigation of soil environmental conditions and risk assessment.

Article 50 [Failure to fulfill legal liability for pollution control]

If the responsible party of soil risk management and restoration fails to perform the relevant responsibilities within the time limit, which poses a major threat to public health and environmental safety, the relevant departments of the people's government at or above the county level may entrust a third party agency to carry out the management or restoration of the risk of contaminated soil. Responsibility of the main body of responsibility.

Article 51 [Other Legal Liabilities]

In case of violation of the provisions of these Regulations and other penalties provided by laws and administrative regulations, such provisions shall prevail.

Where soil pollution violations are suspected of crimes, the department in charge of the supervision and management of soil pollution prevention shall promptly transfer the case to the judicial organs and shall be held criminally responsible.

Chapter VI Supplementary Provisions

Article 52 [Effective Date]

These regulations come into effect on.

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