Fujian Soil Pollution Prevention Approaches

Original Language Title: 福建省土壤污染防治办法

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  Chapter I General provisions article in order to protect and improve the soil environment, promoting the construction of ecological province and prevention and control of soil pollution, protect public health, to achieve sustainable use of soil resources, promoting sustainable economic and social development, in accordance with relevant laws and regulations, these measures are formulated.

Second soil pollution prevention within the administrative area of the province and its related activities governed by this approach.

The soil in these measures refers to agricultural land, land for construction, waste land soil.

Soil pollution prevention article follow the prevention and protection priorities, integrated management, public participation and accountability principle.

Fourth people's Governments above the county level should be responsible for soil environmental quality within their respective administrative areas, strengthen the leadership of soil pollution prevention established coordination mechanisms for the control of pollution of soil, soil pollution prevention into national economic and social development plans, arrangements for soil pollution control requirements, and take effective measures to control soil pollution.

The people's Governments above the county level shall soil pollution prevention targets as on lower levels of Government and the heads of evaluation of content.

Fifth environmental protection authority within the administrative area of the people's Governments above the county level exercise unified supervision and management of prevention and control of soil pollution.

County above Government on soil pollution control has supervision management duties of about sector, in accordance with following provides perform duties: (a) agricultural competent sector is responsible for on agricultural origin soil pollution control work implementation supervision management, organization agricultural origin soil environment of survey, and monitoring, and evaluation and scientific research, participation agricultural origin soil pollution accident of survey processing and emergency management; (ii) land resources competent sector is responsible for mineral resources utilization, process in the of soil pollution control supervision management; (Three) housing urban and rural construction competent sector is responsible for urban and rural life garbage processing and town sewage concentrated processing process in the of soil pollution control supervision management; (four) forestry competent sector is responsible for woodland management, and wetland protection, process in the of soil pollution control supervision management; (five) by letter competent sector is responsible for industrial, and software and information services industry access management process in the of soil pollution prevention supervision management; (six) financial, and development reform, and water, and marine fisheries, and technology, and health family planning, and traffic, and safety supervision, and

Tourism and other relevant authorities in accordance with their respective responsibilities to supervise the prevention and control of soil contamination.

Township people's Governments and neighborhood offices shall cooperate with the Environmental Protection Department and other relevant competent departments of soil pollution control work.

Sixth, enterprises and institutions and other producers should take effective measures to protect and improve the soil to prevent soil pollution, elimination of hazards of soil pollution, liable for the damages caused by law.

Article seventh supports scientific research, technology development and application of soil pollution prevention promote, promote development of soil pollution control industries, soil pollution prevention publicity and education, popularize scientific knowledge, improve the level of soil pollution control science and technology.

To protect and improve the soil units and individuals who have made significant achievements, the people's Government above the county level shall be in accordance with the relevant regulations, recognize and reward. Eighth article of any units and individuals have the obligation to protect soil environment, is entitled to report on soil environment pollution and destruction of the relevant regulatory department upon receipt of the report, should be promptly investigated.

Verified reports, giving rewards to informants and confidential.

Chapter II supervision and management of the Nineth local environmental protection authorities, jointly with relevant departments at and above the county level shall, in accordance with economic and social development planning, administrative structure of soil environmental quality of soil pollution prevention plans, approved and promulgated the people's Governments at the same level.

Soil soil pollution prevention pollution prevention planning should include objectives, tasks and safeguard measures, and main-functional district planning and land use planning, urban planning and environmental protection planning link.

The people's Government above the county level regional development planning, industrial development planning, urban and rural planning, and should take fully into account the need for soil pollution prevention.

The tenth provincial people's Government and the relevant departments under the national environmental quality standards for soil, combined with the facts of the province, formulated and promulgated the soil environmental quality standards and soil surveys, monitoring, evaluation, repair, and technical specifications.

Province not specified in the national environmental quality standards for soil project may establish environmental quality standards for soil in the province; in the national environmental quality standards for soil items have specified may establish local soil environment quality standards stricter than national standards.

11th people's Governments above the county level environmental protection department shall, in conjunction with other related departments cooperate to advance air, water and soil pollution control and supervision and control, urge relevant enterprises to improve management processes and technologies, improving the effectiveness of pollution control, treating wastewater and sludge, waste gas and waste treated together, minimizes secondary pollution.

12th people's Governments above the county level shall improve the agricultural soil environment monitoring system, by the Department of agriculture to focus on the agricultural soil environment monitoring, encryption, monitoring, dynamic monitoring.

Environmental protection departments above the county level people's Governments shall, in conjunction with land and natural resources, agricultural, construction, forestry and other relevant departments to establish soil environmental monitoring network, monitoring data sharing.

The people's Governments above the county level shall strengthen its efforts to purchase environmental monitoring services, give full play to third party inspection agencies on the role of soil environmental monitoring. 13th local environmental protection authorities, jointly with relevant departments at and above the county level shall organize regular soil environment investigation, timely disclosure of survey information.

Drinking water source protected zone, edible soils sensitive areas such as agricultural survey once every five years at least.

City Environmental Protection Department under the people's Governments of the districts contaminated soil soil survey results archive, updated results of soil contamination and remediation.

Provincial environmental protection departments should organize agriculture, land and natural resources, and other departments and research units of housing, according to the investigation results of the soil environment, choose representative sites such as agriculture, industry and mining pollution, contaminated soil remediation and restoration of the pilot work carried out.

14th people's Governments above the county level environmental protection departments shall establish soil credit archives of environmental protection in enterprises and institutions, recorded in enterprises and institutions to comply with the relevant laws and regulations and bear situations such as soil pollution prevention and social responsibility, establishment of credit evaluation system for soil environment of enterprises and institutions, and into the social credit system.

15th article environmental monitoring, soil contamination assessment, soil remediation business third party institution shall have appropriate qualifications, and to operate the relevant departments for the record.

Environmental protection departments should strengthen the people's Governments above the county level for soil environmental monitoring, soil contamination assessment and third party agencies such as soil pollution remediation guidance, supervision, and establish credibility files of related authorities and to the public. 16th people's Governments above the county level departments responsible for the supervision and management of prevention and control of soil pollution, have the right to make on-site inspections of sites likely to cause soil contamination. Check the places of their subordinate units or officers shall cooperate with and shall avoid, obstruct, or refuse the inspection.

Departments and their staff to conduct inspections should be inspected or to preserve commercial and technological secrets.

Third chapter soil pollution prevention 17th article County above Government and development reform, and Tsunenobu, and live built, and environmental, and land resources, and agricultural, and business, about sector, should according to subject function district planning, and land using general planning, and urban and rural planning and soil pollution control planning,, reasonable planning industry layout, strictly industry access, prevent added construction project caused new of soil pollution, eliminated serious pollution soil environment of process and equipment, law deadline regulation or close not meet industry policy of pollution enterprise.

18th in the planning and construction of the project's environmental impact assessment should be included on the potential impact of soil evaluation and the corresponding preventive measures, and in accordance with the relevant provisions of the law to fully comment.

Construction project may cause soil pollution, soil pollution control facilities should be the main part of the project designed, built and put into operation simultaneously. 19th farmland soil environment management system, agricultural land should be designated environmental security, environmental monitoring and environmental pollution.

Specific measures for implementation by the provincial environmental protection departments of agriculture, land and resources administrative departments and report to the provincial people's Government for approval.

On agricultural land and environmental security, should take effective measures to prevent pollution of farmland soil environment pollution.

Environmental alert areas of agricultural land, should carry out comprehensive improvement of environment pollution, to reduce or eliminate pollution, improve the soil environmental quality of farmland. The pollution of agricultural land area, agricultural restructuring should be carried out strictly use control. Prohibition of the cultivation of edible agricultural products and forage.

Due to serious pollution not suitable for agricultural production, in accordance with the relevant provisions of the soil remediation to repair.

20th units and individuals engaged in agricultural activities, should be the rational use of fertilizers, pesticides, veterinary drugs, feed and agricultural inputs such as feed additives, agricultural film, prohibiting the use of State and province banned agricultural inputs, outdated or unauthorized.

Agricultural inputs the operator should take measures in time to recover plastic sheeting, pesticides and fertilizers and other agricultural inputs of discarded packaging, referred to the specialized agency or organization for sound processing.

Encourage the use of low toxicity and low residue degradation of pesticide, and promotion of ecological control, biological control, physical control of diseases and pests green measures.

In agricultural land use is prohibited without harmless treatment or not in line with the national and provincial standards of urban sewage dredging sediment, sludge, tailings and so on.

21st engaged in scale of livestock and poultry, aquatic breeding and agro-processing units and individuals, should be dead livestock, manure, waste water and other waste comprehensive utilization and treatment.

Strictly regulate the production and use of veterinary drugs, feed additives to prevent veterinary drugs, feed additives residues through livestock wastes, including soil pollution. 22nd article engaged in leather production, and plating, and lead acid battery production, manufacturing of units and personal should take following measures, prevent soil pollution: (a) priority used easy recycling, and easy split solutions, and easy degradation, and nontoxic harmless or low HIV low victims of material and the advanced of technology, and process and equipment; (ii) regularly inspections tour nursing production equipment, and facilities, timely processing production process in the material, and products or waste of Yang bulk, and loss and leakage, problem; (three) regularly inspections tour nursing environmental protection facilities of run,

Timely processing of abnormal operation condition; (d) preventing dropped during transport, leaving raw materials, products or waste.

Direct to soil environment discharges of industrial waste and dumping of solid waste, landfill.

23rd mining enterprises should take scientific exploration, processing, transportation and environmental protection measures, prevention of waste gas, waste water, tailings, waste rock and rock, such as pollution or damage to the soil environment.

24th oil companies in oil refining, transportation, storage, use link should take effective measures to prevent environmental pollution such as paomaodilou in soil environments.

The 25th operating gas stations, cleaners, motor vehicles and ships repairs, maintenance, cleaning and other activities of units and individuals, should take measures to prevent oil equipment oil spills, dumping of waste oil as well as fuel oil or dry cleaning and dyeing activity of volatile solvents, leaving behind, leakage causing soil contamination.

26th radioactive substances or hazardous waste collection, storage, transfer, transit and disposal activities, and shall take effective measures to prevent soil contamination.

27th medical and health institutions and medical waste disposal units, effective measures should be taken to prevent loss, leakage, diffusion of medical waste.

28th construction solid waste landfill and leachate treatment facilities should take measures such as corrosion-resistant impervious, prevent pollution to the surrounding soil environment.

MSW incineration plant shall take effective measures to regulate the disposal of fly ash and other hazardous wastes.

29th must dismantle unit and individual facilities, equipment, or structures, should take measures to prevent the residue of hazardous waste or other hazardous substances spills, littering and scattering soil environment pollution.

To encourage waste industrial dismantling, disposal and remanufacturing activities of enterprises to enter the industrial park, and shall take advanced dismantling, disposal and manufacturing technologies and processes, may cause soil contamination can not be used or use the State prohibits the use of toxic substances.

Soil pollution in the fourth chapter the 30th Provincial survey results should be based on the soil environment, combined with the relevant departments of the people's Governments above the county level and published lists of polluting companies, focused on soil pollution control business directory systems.

Focus on monitoring of soil pollution enterprises shall entrust a third party, in accordance with the relevant technical regulations, in accordance with the regulations on land of soil monitoring on a regular basis, monitoring results reported to people's Governments at the County Department of environmental protection records.

Encourage focus on monitoring implementation of soil pollution liability insurance.

The 31st district of the municipal environmental protection, land and resources, agriculture, building, forestry and other authorities by monitoring soil pollutant content meets or exceeds the limit value, shall be submitted to the people's Government at the same level after the block into the pollution block lists, and report to the provincial environmental protection departments.

Block of 32nd into pollution list holder or land use shall entrust a third party agencies on contaminated plots to carry out risk assessments, risk assessment report the district head of the municipal environmental protection department.

Site assessment that pollution might damage human health and the environment, should be repaired, district of the municipal environmental protection department shall, in conjunction with agriculture, land resources, construction and forestry authorities into fixed block list after the approval of the people's Government at the same level, and in accordance with the level of contamination and hazards priority repair list presented.

Entrusted to third parties to carry out risk assessment of soil contamination risk assessment report shall be compiled and be responsible for the authenticity of the report.

33rd polluted block included in the repair block list, repair should be carried out, by the polluting units and individuals responsible for the remediation of contaminated soil.

Pollution block not included in fixed block list, units and individuals responsible for the control of pollution caused by the expansion of soil pollution. Contaminated plots of land ownership, the right people and actual uses have expanded responsibilities for soil pollution control, ownership, right to person and actual use is not consistent, the actual use of soil pollution control the main responsibility of the people, the owner, right to person liable according to law, the related costs borne by the polluting units and individuals.

Polluting units and individuals should take responsibility for remediation of contaminated soils.

Unable to identify those responsible, by contaminated plots of land where the people's Governments above the county level shall take control of soil pollution expanded responsibilities and remediation of contaminated soils and related expenses incurred in determining the pollution liability person, pollution responsible for compensation according to law.

34th article should be for remediation of contaminated soils, responsible for the remediation of contaminated soils should be the development of remediation objectives, preparation of contaminated land remediation programmes, local district head of the municipal environmental protection Department and the relevant departments for the record.

Preparation of contaminated land remediation programmes should explain the situation to the public likely to be affected, full comment.

Responsible for the remediation of contaminated soils should be in accordance with the contaminated land remediation programmes implementing the remediation activities, is absolutely necessary to adapt the contaminated land remediation programme should be prepared in accordance with the provisions of the preceding paragraph the supplementary programmes. 35th implement soil remediation activities, shall not be fixed to the soil and the surrounding environment as a result of the new pollution.

Repairing waste water, waste gas and solid waste produced in the process, and the adsorption of heavy metals by plants, shall be disposed of in accordance with the relevant provisions.

The people's Government above the county level environmental protection departments of soil remediation projects should be implemented and related to supervise and inspect the implementation of environmental protection measures.

Article 36th after completion of polluted soil remediation project, responsible for the remediation of contaminated soils shall entrust environmental inspection agencies to monitor contaminated soil remediation project.

Entrusted inspection agencies shall, in accordance with the relevant provisions of the environment monitoring of contaminated soil remediation project, preparation of the monitoring report, and be responsible for the authenticity of the report.

Responsible for the remediation of contaminated soils monitoring reports should be reported to the people's Governments at the County Department of environmental protection records.

Monitor restoration project the objective of the programme, published by the people's Governments at the County Department of environmental protection completion of the repair works notice has failed to meet the target, responsible for the remediation of contaminated soils should continue to repair to the target is complete.

37th article should be for soil pollution control, soil pollution control responsibilities shall prepare the soil pollution control plan, district head of the municipal environmental protection department.

Prepare the soil pollution control plan should explain the situation to the public likely to be affected, full comment.

Soil pollution control responsibilities shall, in accordance with soil pollution control plans, soil pollution control activities. Article 38th Government, society, companies involved in soil pollution control and restoration of the market mechanism. 

The people's Governments above the county level shall take the economic incentive, cultivate the soil pollution control and remediation market, third-party governance to promote soil pollution.

39th soil pollution remediation should be conducted or controlled, responsible for failing to prepare contaminated land remediation programmes or soil pollution control plans, soil pollution or of failing to control or fix, the people's Government above the county level environmental protection authorities may entrust third parties to perform according to law, costs borne by the repair or control of soil pollution.

40th environmental protection departments, enterprises and institutions above the county level people's Government, formulate environmental emergency plans should include prevention of soil pollution. When soil pollution emergency events occur, the units concerned should immediately activate emergency response plans, in accordance with the plan requires emergency treatment.

The people's Government above the county level may take emergency measures depending on the situation, evacuees shall be ordered to stop leads to or may lead to the activity of soil pollution emergency, removing pollution, expanding ordered the authorities concerned to take measures to control pollution.

41st fifth chapter legal liability for breach of the rules stipulated by laws and administrative regulations on punishment, from its provisions.

Soil contaminated by an unlawful act of a crime, the departments responsible for the supervision and management of prevention and control of soil pollution shall promptly transfer the case to the judiciary, criminal responsibility shall be investigated according to law.

42nd article violation this approach provides, State and staff has following case one of of, in accordance with related legal provides by its competent organ or monitored organ law on directly is responsible for of competent personnel and other directly responsibility personnel give disposition; constitute crime of, law held criminal: (a) not law perform information public obligations of; (ii) not law approval project caused soil pollution of; (three) not by requirements started emergency plans, take corresponding measures of;

(D) illegal use of soil pollution prevention funding and (v) other acts that do not perform their duties according to law.

43rd article violates these rules, units or personnel to avoid, prevent or refuse to make on-site inspections of relevant departments shall, by the people's Governments above the county level environmental protection department or other departments responsible for the supervision and management of prevention and control of soil pollution shall order rectification fails, fines of between 10,000 yuan and 30,000 yuan; activities contravening public security management, shall be subject to administrative penalties for public security.

The 44th article violates these rules, trickery and fraud in assessment, monitoring of soil environment agency, the people's Governments above the county level environmental protection authorities fine of 30,000 yuan, and included the conduct of credit bad credit records constitutes a crime, criminal responsibility shall be investigated according to law.

Soil contamination assessment conclusion false cause-related units and individual activities of soil pollution or destruction of civil responsibility, shall bear joint and several liability.

45th article violation this approach provides, has following behavior one of of, by County above government environmental protection competent sector or other has soil pollution control supervision management duties of sector ordered corrected, or law ordered its take limit production, and discontinued regulation, measures; plot serious of, at 100,000 yuan above 200,000 yuan following fine: (a) carried out environment effect evaluation work in the not including on soil may caused of effect of evaluation and the corresponding prevention measures, content of; (Ii) construction project of soil pollution control facilities not and subject engineering while design, and while construction, and while production using of; (three) not according to provides take related measures prevent soil pollution of; (four) not according to provides carried out pollution plots risk assessment, and prepared soil pollution risk assessment report, or not will soil pollution risk assessment report reported about sector record of; (five) burst pollution event emergency plans not including soil pollution control content of; (six) not prepared pollution plots repair programme, and

Soil pollution control plan, or not in accordance with the contaminated land remediation programmes, soil pollution control and remediation of soil pollution control plan implemented activities; (VII) failing to take control in a soil remediation process of soil pollution and protection measures, and (VIII) in soil remediation works are completed in accordance with provisions to entrust the monitoring bodies to monitor and submit for the record.

46th article violates these rules, focused on monitoring of soil pollution soil environmental monitoring has appointed a third party agencies, perform the obligation of soil environmental monitoring, by the people's Governments above the county level rectification of environmental protection authorities; it fails, fined a maximum of 20,000 yuan and 100,000 yuan.

47th article violates these rules, and soil pollution incident, the enterprises and institutions had not started in time of emergency, by the people's Governments above the county level environmental protection department or other relevant competent authorities fine of between 100,000 yuan and 200,000 yuan, and the unit head and direct responsibility for fines of between 50,000 yuan and 100,000 yuan.

48th due to soil pollution damage to units and individuals shall have the right to require polluters to stop the infringing act, remove, eliminate risk, restitution in kind, compensation for loss of tort liability.

Contaminated soil environment and harm the public interest, law of social organization may initiate litigation to the people's Court according to law, have the supervision and management of soil pollution control sectors and social groups should be to provide support to parties in accidents investigation. Sixth chapter supplementary articles the 49th article of the rules take effect on February 1, 2016.

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