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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

Article 1, in order to protect and improve the soil environment, promote ecology, prevent and manage soil pollution, guarantee public health, sustain the use of soil resources and promote sustainable economic and social development, and develop this approach in accordance with relevant national laws, regulations and regulations.

Article 2

The approach refers to soils that are used by agricultural land, land-building and landless.

Article 3. The control of soil pollution is guided by the principles of prevention, protection priorities, integrated governance, public participation and pollution responsibility.

Article IV. Governments of the above-mentioned population should be responsible for the quality of the soil environment in the current administration area, strengthen leadership in soil pollution prevention and control, establish a coordination mechanism for soil pollution control, integrate soil pollution control into national economic and social development planning, arrange for soil pollution control and take effective measures to combat soil pollution.

More than the people at the district level should complete soil pollution control targets as part of the next-level government and its heads' assessment.

Article 5

In accordance with the following provisions:

(i) Agricultural authorities are responsible for monitoring the control of soil contamination in agricultural land, organizing surveys, monitoring, evaluation and scientific research on the soil environment of agricultural land, and participating in investigation and emergency management of soil pollution accidents in agricultural land;

(ii) The Land Resources Authority is responsible for the management of soil pollution control over the course of exploitation of mineral resources;

(iii) Housing rural and urban construction authorities are responsible for the management of soil pollution control in urban and rural garbage treatment and urban sewage concentration processes;

(iv) The forest authorities are responsible for the management of soil pollution control over the course of forestland management, wetlands protection;

(v) Management of soil pollution prevention monitoring in the management of access to industrial, software and information services by the competent authority;

(vi) Regulators such as financial, development reform, water, marine fisheries, science and technology, sanitary counts, transport, safety production monitoring, tourism, are governed by their respective responsibilities for soil pollution control.

The commune government, the street offices should cooperate with the environmental protection authorities and other relevant authorities in the management of soil pollution.

Article 6. Enterprise units and other producer operators should take effective measures to protect and improve the soil environment, prevent soil pollution, eliminate soil pollution and assume legal responsibility for the damage caused by them.

Article 7 supports scientific research, technology development and application promotion of soil pollution control, the promotion of soil pollution control and industrial development, the promotion of soil pollution control and awareness-raising, the promotion of relevant scientific knowledge and the improvement of the level of control of soil pollution.

units and individuals with significant achievements in the protection and improvement of the soil environment should be recognized and rewarded in accordance with the relevant provisions.

Any units and individuals have the obligation to protect the soil environment and have the right to report on pollution and damage to the soil environment; the oversight management concerned should be processed in a timely manner, after reporting. According to a valid report, the author was rewarded and kept confidential.

Chapter II Oversight management

Article 9

The content of soil pollution control planning should include targets, tasks and safeguards for soil pollution control, and interfaces with key functional areas planning, land use master planning, rural and urban planning and environmental protection planning.

The need for soil pollution control should be fully taken into account by the Government of the people at the district level to develop regional development planning, industrial development planning, rural and urban planning.

Article 10. The Government of the Provincial People and its relevant departments develop and publish technical norms such as soil quality standards and soil environmental surveys, monitoring, assessment, rehabilitation, in line with national soil quality standards.

The Government of the province does not provide for projects in the quality of the country's soil environment, which can set standards for the quality of the soil environment in the province; projects that have already been established in national soil environmental quality standards can be developed with a standard of local soil quality.

Article 11. The environmental protection authorities of the people at the district level should work in collaboration with other relevant departments to promote atmospheric, water, soil pollution governance and oversight management, promote relevant businesses to improve governance processes and technology, improve the effectiveness of pollution governance, and maximize sewage and humidation, dehydration and waste residues.

Article 12. The Government of the people at the district level should promote the monitoring of the soil environment of the agricultural land, with the focus of the agricultural authorities on the soil environment of the farmlands, and intensive monitoring and dynamic monitoring.

The environmental protection authorities of the people at the district level should establish soil environmental monitoring networks with relevant sectors such as land resources, agriculture, housing, forestry, and monitor data sharing.

More than the people at the district level should increase the purchasing of environmental monitoring services to fully play the role of third-party testing bodies in soil environmental monitoring.

Article 13 The water source protected areas, food-used agricultural land, etc., are surveyed at least once every five years.

The environmental protection authorities of the urban government in the area should establish contaminated soil archives based on the findings of the soil environment, and promptly update the state of soil pollution and the results.

The provincial authorities for the protection of the environment should organize sectoral and scientific units such as agriculture, land resources, housing, etc., to select representative sites such as agricultural, industrial and mining pollution, based on the findings of the soil environment, to carry out a pilot work on contaminated soil governance and rehabilitation.

Article 14. The environmental protection authorities of the people at the district level should establish a good-faith archive of the environmental protection of the property of the enterprise unit, document the compliance of the business unit with the relevant legislation and assumes responsibility for soil pollution control and social responsibility, establish a credit evaluation system for the environmental conduct of the enterprise unit and incorporate into the social expropriation system.

Article 15. Third-party bodies carrying out operations such as soil environmental monitoring, soil pollution assessment, soil pollution rehabilitation should have the corresponding qualifications in accordance with the law and provide the relevant sector clearances for operational locations.

The environmental protection authorities of the people at the district level should strengthen the guidance, supervision and supervision of third-party bodies, such as soil environmental monitoring, soil pollution assessment, soil pollution rehabilitation, the establishment of good faith files of relevant institutions and the public of society.

Article 16 states that more than one of the population governments has the responsibility to monitor soil pollution control and control are entitled to conduct on-site inspections of sites that may result in soil pollution. The units or personnel of the inspected places should be synergized without circumventing, impeding or refusing to check. Sectors and their staff performing on-site inspections should be conservative for inspection units or personnel.

Chapter III

Article 17 Governments and their development reforms, trusts, conservation, environmental protection, land-use resources, agriculture, business, etc., should be properly planned in accordance with functional sector planning, land-use master planning, rural-urban planning and soil pollution control planning, and in strict industrial access, prevention of new construction projects causing new soil pollution, phase-out of processes and equipment that severely contaminated the soil environment, and reorganizing enterprises that are incompatible with industrial policy.

Article 18 should include, in the environmental impact evaluation of the planning and construction projects, the evaluation of potential impacts on the soil and the consequent precautionary measures, as well as full consultation in accordance with the relevant legal provisions.

Construction projects that may result in soil pollution should be designed, accompanied by construction and production.

Article 19 introduces a sub-soil environment management system for agricultural land use, which should dedicate environmental safety areas, environmental alert areas and environmental pollution areas. The specific implementation approach was implemented by the Provincial Government's Environmental Protection Authority with the Ministry of Agriculture, Land Resources and the approval of the Provincial People's Government.

Effective measures should be taken to prevent contamination of the soil environment of agro-industries.

Integrated environmental pollution management should be carried out to the agro-industries, to reduce or eliminate pollution, and to improve the quality of the soil environment in farmland.

Agricultural restructuring and strict-use controls should be carried out for agro-industries. The cultivation of food products and herals is prohibited. Restructuring is carried out in accordance with the relevant provisions of soil rehabilitation due to the severe undesirable production of agricultural products.

Article 20 units and individuals engaged in agricultural production activities should be reasonably used in agricultural inputs such as fertilizers, pesticides, veterinary medicines, feeds and feed additives, agricultural use, etc., and prohibiting, phasing out or licensed agricultural inputs from the State and my province.

Agricultural input operators should take steps to recover residues for agricultural inputs such as farming, pesticides and fertilizers in a timely manner, to be treated in an environmentally sound manner by specialized agencies or organizations.

To encourage the use of low-removable pesticides to promote green control measures for vectors such as ecological control, biological control and physical control.

The use of urban sewerage, cement, sludge and end mines in agricultural land is prohibited or is not in accordance with national and present provincial standards.

Article 21 units and individuals engaged in the production of livestock, the scale of water production and the processing of agricultural products should be used in an integrated manner and environmentally sound manner in the use of and treatment of diseases of birds, manure, wastewater and other wastes.

Strict regulation of the production and use of veterinary medicines, feed addicts, and the destruction of veterinary medicines, foam addicts and residues caused soil contamination through, inter alia, poultry breeding waste.

Sections and individuals engaged in manufacturing such as leather production, electrolysis, lead acid production should take the following measures to prevent soil contamination:

(i) Priority should be given to the use of materials and advanced technologies, processes and equipment that are easily recoverable, easily dismantled, vulnerable to degradation, non-toxicity or low poisoning;

(ii) To conduct regular inspections of equipment, facilities and to address in a timely manner the issue of the spread, loss and leakage of materials, products or wastes during the production process;

(iii) Regular inspections of the operation of environmental protection facilities and the timely processing of irregular operations;

(iv) Prevention of the loss, destruction of raw materials, products or wastes in the transport process.

It is prohibited to release industrial wastewater and dumping and clean solid waste directly to the soil environment.

Article 23 should take scientific mining methods, selection of mines, transport methods and environmental protection measures to prevent contamination, such as discharge, wastewater, end-of-the-art mines, stoning and stoning, or undermine the soil environment.

Article 24 should take effective measures to prevent the contamination of the soil environment in such situations as runbacks in oil metals, transport, storage and use.

Article 25 units and individuals operating fuel stations, washing shops, motor vehicle fleet repairs, maintenance, laundering, etc. should take measures to prevent the dumping of oil from storage equipment, the collapse of the movable oil and the volatility of oil or dry-washing solvents or dry-washing solvents.

Article 26 units engaged in radioactive material or hazardous waste collection, storage, transport and disposal activities should take effective measures to prevent soil contamination.

Article 27 Health institutions and medical waste concentration units should take effective measures to prevent medical waste loss, leakage, proliferation.

Article 28 provides for the construction of living garbage and filtering disposal facilities should take measures such as patience to prevent contamination of the surrounding soil environment.

The living garbage plant should take effective measures to regulate the disposal of hazardous wastes such as swing.

Article 29 requires the dismantlement of units and individuals of facilities, equipment or construction, and measures should be taken to prevent the release of hazardous wastes or other toxic substances that are residues, remains and promote the contaminated soil environment.

Enterprises involved in the destruction, disposal and re-production of industrial products are encouraged to enter industrial parks and should take advanced destruction, disposal and re-production technologies and processes that may result in soil pollution or use toxic hazardous substances prohibited by the State.

Chapter IV

Article 33 shall be based on the results of the survey of the state of the soil environment, to establish a system of control of enterprise directory in relation to the list of contaminated enterprises published by the Government of the people at the district level and its relevant departments.

The focus on soil pollution should be delegated to third-party institutions to monitor their land use on a regular basis, in accordance with relevant national technical provisions, and to monitor the release of environmental protection authorities at the local level.

Soil focus is encouraged to monitor the implementation of soil pollution liability insurance by enterprises.

The authorities of the municipality of the communes of the communes, land resources, agriculture, housing, forestry, etc., are monitored to discover that soil pollutant content has reached or exceeds the thresholds, and should be invited to include the polluted plots, with the consent of the Government of the ranking people, and to report back to the provincial authorities for environmental protection.

Article 32 incorporates the use of the polluted land list or land users should entrust third-party agencies with risk assessment of contaminated plots, risk assessment reports of the local government environmental protection authorities in the area where they are located.

The assessment is that contaminated plots may undermine human health and the environment and should be rehabilitated, and the environmental sector of the urban government in the area should include, with the consent of the Government of the same people, rehabilitation lists and priority rehabilitation lists in accordance with the levels of pollution and hazards.

Risk assessments by the commissioned third-party bodies should be prepared for soil pollution risk assessment reports and accountable for the authenticity of the report.

Article 33 includes a list of rehabilitated land blocks, which should be repaired by contaminated units and individuals responsible for the rehabilitation of contaminated soils.

The contaminated area is not included in the restoration of the list of land blocks and is responsible for controlling the expansion of soil pollution by units and individuals.

The owner, the right to use and the actual user of the contaminated plot have the responsibility to control the expansion of soil pollution, the owner, the right to use and the actual user are incompatible, with the primary responsibility to control the expansion of soil pollution, the owner, the owner and the use of the authority to be associated with the law and the associated costs incurred are borne by the units and individuals that cause pollution. The units and individuals that cause pollution should assume responsibility for the rehabilitation of contaminated soils.

It was not possible to determine the liability for pollution, and the responsibility for controlling the expansion and rehabilitation of contaminated soils was assumed by the Government of more than polluted sites, and the associated costs could be reimbursed by the polluter in accordance with the law.

Article 34 should be renovated by contaminated soils, and the responsibility for the rehabilitation of contaminated soils should be developed with the aim of rehabilitating soils, the development of a polluted land rehabilitation programme, the environmental protection authorities of the urban government in the area where they are located and the related sector.

The development of a programme for the rehabilitation of contaminated plots should provide public information that may be affected and should be fully consulted.

The responsibility for polluting soil repairs should be carried out in accordance with the polluted land rehabilitation programme and the need to adjust the polluted land rehabilitation programme should be developed in accordance with the preceding paragraph.

Article XV implements soil rehabilitation activities and does not create new contamination of the degraded soil and its surrounding environment. Wastes, waste and solid wastes generated during the rehabilitation process, and plants attached to heavy metals, should be disposed of in accordance with the relevant provisions.

The environmental protection authorities of the people at the district level should monitor the implementation of soil rehabilitation works and the implementation of relevant environmental protection measures.

Following the completion of the polluting soil rehabilitation project, the polluter's responsibility for the repair of the soil should be delegated to the environmental inspection body to monitor the work on polluting soil rehabilitation.

The environmental inspection body mandated should monitor the work on the rehabilitation of contaminated soils, prepare monitoring reports and be responsible for the authenticity of the report.

The responsibility for polluting soil rehabilitation should monitor the release of environmental protection authorities at the district level of the report.

Upon monitoring to meet the objectives of the rehabilitation programme, the environmental protection authorities at the district level issued a rehabilitation work announcement; the pollutant responsibilities should continue to be restored to the target.

Article 37 should be subject to soil pollution control and the responsibility for soil pollution control should prepare soil pollution control plans and report to the local authorities for environmental protection in the area.

The development of soil pollution control plans should provide public information that may be affected and fully seek advice.

The responsibility for soil pollution control should be implemented in accordance with the soil pollution control scheme.

Article 338 establishes mechanisms for soil pollution control and the rehabilitation of marketization involving governments, societies and enterprises. More than the people at the district level should take economic incentives to nurture soil pollution control and rehabilitate markets and promote third-party governance of soil pollution.

Article 39 should be rehabilitated or controlled by soil pollution, the responsible person should be vested in the development of a polluted land rehabilitation programme or a soil pollution control plan or be subject to the implementation of soil pollution control or rehabilitation, and the environmental protection authorities of the people at the district level may be entrusted to third-party bodies by law, for which costs are incurred by soil pollution rehabilitation or the control responsibilities.

Article 40

In the event of a sudden-onset soil pollution incident, the relevant units should immediately launch emergency pre-release cases and be treated in response to advance requests. More than the population at the district level may take relevant emergency measures, depending on the specific circumstances, by dispersing persons, ordering to stop activities that lead to or may lead to sudden-onset soil pollution, and by removing the sources of pollution, ordering the relevant units to take measures to control the expansion of pollution.

Chapter V Legal responsibility

Article 40 violates the provisions of this approach, which stipulate that the provisions of the law, administrative regulations have been imposed.

Soil environmental violations are suspected of committing crimes, and sectors with soil pollution control and regulatory responsibilities should be transferred to the judiciary in a timely manner and criminally liable by law.

In violation of this approach, State bodies and their staff have one of the following cases, and, in accordance with the relevant law, the competent organ of the State or the inspectorate shall be treated in accordance with the law by the competent body or by the competent body responsible for the direct responsibility of the competent person and other persons directly responsible;

(i) Failure to comply with public obligations under the law;

(ii) Inadequate soil pollution from the approval of projects by law;

(iii) To refrain from triggering emergency pre-responsibility and taking appropriate measures;

(iv) Violations of the use of soil pollution control funds;

(v) Other acts that are not carried out by law.

Article 43, in violation of this approach, provides that the relevant units or personnel are circumvented, hindered or denied the conduct of on-site inspections under the law, are being converted by sectoral orders of environmental protection authorities of more than one-size-fits-all governments or other authorities with responsibility for soil pollution control and management; that there are more than 3,000 fines of over 1 million yen; that constitutes a violation of the law.

Article 44, in violation of this approach, provides for the establishment of a system for the assessment of the soil environment, monitoring of the misappropriation, with a fine of 3,000 dollars from the environmental protection authorities of more than the people at the district level, to include in the extractive files from the poor credibility of the industry; and criminal liability under the law.

The finding of a loss of the soil pollution assessment results in civil liability for soil contamination or destruction by the activities of the relevant units and individuals, and should be held in accordance with the law.

Article 42, in violation of this approach, contains one of the following acts, being converted by the environmental authorities of more than 10,000 people at the district level or by other sectoral orders with responsibility for soil pollution control and supervision, or by law to take measures such as production, suspension of tenure, etc.; in the event of severe circumstances, a fine of more than 200,000 dollars:

(i) The evaluation of environmental impact does not include the evaluation of the potential impacts of the soil and the corresponding preventive measures;

(ii) The construction of the project's soil pollution control facility is not designed in parallel with the main works, while at the same time being constructed, and at the same time being produced;

(iii) No relevant measures to prevent soil contamination, as prescribed;

(iv) No pollution-based risk assessment, the preparation of soil pollution risk assessment reports, or the absence of reporting on soil pollution risk assessment reports on sector-specific clearance;

(v) The emergency preparedness of environmental pollution incidents does not include elements of soil pollution control;

(vi) No programme for the rehabilitation of contaminated plots, soil pollution control plans, or the implementation of soil pollution control and rehabilitation activities in accordance with the contaminated land rehabilitation programme, soil pollution control schemes;

(vii) No measures to combat soil pollution and security protection in the context of soil rehabilitation;

(viii) The monitoring body is not mandated to monitor and submit the case after the completion of the work on soil rehabilitation.

In violation of this approach, the focus on soil pollution controls does not authorize third-party institutions to carry out soil environmental monitoring and to fulfil their land environmental monitoring obligations, which are being converted by the environmental protection authorities of more than 1,000 people at the district level.

Article 47, in violation of this approach, provides that after the occurrence of a soil environmental pollution incident, the enterprise's unit has not been able to initiate an emergency advance case in a timely manner, which is fined by over 200,000 dollars for the environmental protection authorities of the commune or other relevant authorities, and fines up to 500,000 dollars for the principal heads of units and direct responsibilities.

Article 48 units and individuals affected by soil pollution have the right to require, in accordance with the law, the polluter to assume responsibility for civil infringements such as cessation of violations, exclusion, removal of risks, restitution and compensation.

In the case of pollution of the soil environment, damage to the public interest of the society, the social organization provided for by law may bring proceedings before the People's Court, and the sector and relevant social groups with responsibility for soil pollution control and supervision should provide support to the parties in the accident investigation.

Annex VI

Article 49 of this approach is implemented effective 1 February 2016.