Soil Pollution Prevention and Control Law of China

 2018-09-12  969


· Document Number:Order No. 8 of the President

· Area of Law: Environmental Protection Land

· Level of Authority: Laws

· Date issued:08-31-2018

· Effective Date:01-01-2019

· Issuing Authority: Standing Committee of the National People's Congress

· Status: Not Yet Effective

 

Order of the President
(No. 8)
Soil Pollution Prevention and Control Law of China, as adopted at the Fifth Session of the Standing Committee of the Thirteenth National People's Congress of the People's Republic of China on August 31, 2018, is hereby issued with effect from January 1, 2019.
President of the People's Republic of China Xi Jinping
August 31, 2018
Soil Pollution Prevention and Control Law of the People's Republic of China
(Adopted at the 5th session of the Standing Committee of the Thirteenth National People's Congress of the People's Republic of China on August 31, 2018)
Contents
Chapter I General Provisions
Chapter II Plans, Standards, General Surveys and Monitoring
Chapter III Prevention and Protection
Chapter IV Risk Management and Control and Remediation
Section 1 General Rules
Section 2 Land for Agricultural Use
Section 3 Land for Construction Use
Chapter V Guarantee and Supervision
Chapter VI Legal Liability
Chapter VII Supplemental Provision
Chapter I General Provisions
Article 1 This Law is enacted for the purposes of protecting and improving the ecology and environment, preventing and controlling soil pollution, safeguarding public health, prompting perpetual utilization of soil resources, advancing the building of ecological civilization, and promoting sustainable economic and social development.
Article 2 This Law shall apply to the prevention and control of soil pollution and relevant activities within the territory of the People's Republic of China and in the sea areas under the jurisdiction thereof.
For the purposes of this Law, "soil pollution" means a phenomenon that a substance is caused to enter soil on the surface of earth by human, leading to the change in the chemical, physical, biological, and other characters of soil, affecting the functions and effective utilization of soil, jeopardizing public health or damaging the ecology and environment.
Article 3 In the prevention and control of soil pollution, the principles of a focus on prevention, priority given to protection, classification administration, risk management and control, liability for pollution, and public participation shall be adhered to.
Article 4 Any entity or individual shall be obligated to protect soil and prevent soil pollution.
Land usufructaries that engage in the activities to develop and utilize land and enterprises, public institutions, and other producers and operators shall take effective measures to prevent or diminish soil pollution and be liable for soil pollution caused.
Article 5 The local people's governments at all levels shall be responsible for the prevention and control of soil pollution and safe utilization of soil within their respective administrative regions.
The state shall implement a soil pollution prevention and control objective responsibility system and appraisal and assessment system and use the status of the accomplishment of soil pollution prevention and control objectives as the content to appraise and assess the local people's governments at all levels and the persons in charge thereof and the departments of the people's governments at and above the county level charged with the duties of supervision and administration of prevention and control of soil pollution and the persons in charge thereof.
Article 6 The people's governments at all levels shall strengthen the leadership of prevention and control of soil pollution and organize, coordinate and supervise relevant departments to discharge their duties of supervision and administration of prevention and control of soil pollution according to the law.
Article 7 The ecological and environmental department of the State Council shall conduct uniform supervision and administration of the prevention and control of soil pollution across the country; and the agriculture and rural affairs, natural resources, housing and urban-rural development, forestry and grassland, and other departments of the State Council shall conduct supervision and administration of the prevention and control of soil pollution within their respective competence.
The ecological and environmental departments of local people's governments shall conduct unified supervision and administration of the prevention and control of soil pollution within their respective administrative regions; and the agriculture and rural affairs, natural resources, housing and urban-rural development, forestry and grassland, and other departments of local people's governments shall conduct supervision and administration of the prevention and control of soil pollution within their respective competence.
Article 8 The state shall develop a soil environment information sharing mechanism.
The ecological and environmental department of the State Council shall, in conjunction with the agriculture and rural affairs, natural resources, housing and urban-rural development, water resources, health, forestry and grassland, and other departments of the State Council, establish a basic soil environment database and build a national soil environment information platform to realize dynamical data update and data sharing.
Article 9 The state shall support the research and development of, conversion of the achievements in, and promotion and application of science and technology for prevention and control of pollution, such as management and control of soil pollution risk, remediation, and monitoring, encourage the development of the soil pollution prevention and control industry, strengthen the cultivation of professional and technological talents in the prevent and control of soil pollution, and prompt the progress in the science and technology for prevention and control of soil pollution.
The state shall support international exchange and cooperation in prevention and control of soil pollution.
Article 10 The people's governments at all levels, the relevant departments thereof, primary-level autonomous non-governmental organizations, and the press shall strengthen soil pollution prevention and control publicity, education and science popularization, raise the public awareness of prevention and control of soil pollution, and guide the public in participating in prevention and control of soil pollution according to the law.
Chapter II Plans, Standards, General Surveys and Monitoring
Article 11 The people's governments at and above the county level shall include the prevention and control of soil pollution in national economic and social development plans and environmental protection plans.
The ecological and environmental departments of local people's governments at and above the level of city divided into districts shall, in conjunction with development and reform, agriculture and rural affairs, natural resources, housing and urban-rural development, forestry and grassland, and other departments, based on the requirements of environmental protection plans, use of land, general surveys of soil pollution, and monitoring results, among others, prepare soil pollution prevention and control plans and, with the approval of the people's governments at the same level, issue and implement them.
Article 12 The ecological and environmental department of the State Council shall, based on soil pollution status, public health risks, ecosystem risks, and scientific and technological level, according to the use of land, develop national standards for management and control of soil pollution risk and strengthen the building of a system of standards for the prevention and control of soil pollution.
Provincial people's governments may develop local standards for management and control of soil pollution risk, in respect of items on which the national standards for management and control of soil pollution risk are silent, and standards for management and control of soil pollution risk more stringent that the national standards for management and control of soil pollution risk, in respect of items existing in national standards for management and control of soil pollution risk. Local standards for management and control of soil pollution risk shall be filed with the ecological and environmental department of the State Council.
Standards for management and control of soil pollution risk shall be compulsory.
The state shall support the research of background concentrations in soil and environmental quality benchmarks.
Article 13 Over the course of the development of standards for management and control of soil pollution risk, experts shall be organized to conduct review and discussion, and relevant departments, industry associations, enterprises, public institutions, the public and other parties shall be requested to make comments.
The implementation of the standards for management and control of soil pollution risk shall be regularly assessed, and the standards shall be revised based on the assessment results.
The ecological and environmental departments of the people's governments at and above the provincial level shall issue standards for management and control of soil pollution risk in their websites for gratuitous access and download by the public.
Article 14 The State Council shall lead general surveys of nationwide soil pollution in a unified manner. The ecological and environmental department of the State Council shall, in conjunction with the agriculture and rural affairs, natural resources, housing and urban-rural development, forestry and grassland, and other departments of the State Council, organize a general survey of the nationwide soil pollution status at least once ten years.
The relevant departments of the State Council or the local people's governments of cities divided into districts may, based on the actual circumstances in their respective industries or administrative regions, organize and conduct thorough surveys of the soil pollution status.
Article 15 The state shall implement a soil environment monitoring system.
The ecological and environmental department of the State Council shall develop rules for monitoring the soil environment, organize a monitoring network in conjunction with the agriculture and rural affairs, natural resources, housing and urban-rural development, water resources, health, forestry and grassland, and other departments of the State Council, and plan the establishment of national soil pollution status monitoring stations (sites) in a unified manner.
Article 16 The agriculture and rural affairs, and forestry and grassland departments of local people's governments shall, in conjunction with the ecological and environmental, and natural resources departments, focus on monitoring the following tracts of land for agricultural use:
(1) Producing agricultural products containing pollution in excess of limits.
(2) Being or used to be wastewater-irrigated areas.
(3) Being or used to be used for scale-based livestock farming or to stack or bury solid waste.
(4) Used as land for industrial or mining use, or in which a significant or particularly significant pollution accident took place.
(5) Surrounding a facility for the production, storage, utilization or disposition of any toxic or hazardous substance.
(6) Having other circumstances as provided by the agriculture and rural affairs, forestry and grassland, ecological and environmental, and natural resources departments of the State Council.
Article 17 The ecological and environmental departments of local people's governments shall, in conjunction with natural resources departments, focus on monitoring the following tracts of land for construction use:
(1) Used to be used for production, use, storage, recycling or disposal of toxic and hazardous substances.
(2) Used to be used for stacking or burial of solid waste.
(3) In which a significant or particularly significant pollution accident took place.
(4) Having other circumstances as provided by the ecological and environmental, and natural resources departments of the State Council.
Chapter III Prevention and Protection
Article 18 Various plans relating to land utilization and construction projects which may give rise to soil pollution shall be subject to environmental impact assessment according to the law. An environmental impact assessment document shall include the adverse impact possibly brought on soil, corresponding preventive measures which shall be taken, and other content.
Article 19 An entity or individual that produces, uses, stores, transports, recycles, disposes of, or discharges toxic or hazardous substances shall take effective measures to prevent the leakage, loss, or spills of the substances and avoid soil pollution.
Article 20 The ecological and environmental department of the State Council shall, in conjunction with health and other departments of the State Council, based on the impact on and damage to public health and the ecology and environment, screen and assess the toxic and hazardous substances in soil, issue a catalog of toxic and hazardous substances under priority control for soil, and update it in due course.
Article 21 The ecological and environmental departments of local people's governments at or above the level of city divided into districts shall, as required by the ecological and environmental department of the State Council, according to the discharge of toxic and hazardous substances and other information, develop directories of entities subject to priority regulation for soil pollution in their respective administrative regions, disclose them to the pubic, and update them in due course.
An entity subject to priority regulation for soil pollution shall fulfill the following obligations:
(1) Strictly controlling the discharge of toxic and hazardous substances and reporting discharge information to the ecological and environmental authority on an annual basis.
(2) Establishing a screening system for hidden soil pollution risk and ensuring the continuous and effective prevention of the leakage, loss and spills of toxic and hazardous substances.
(3) Developing and implementing self-monitoring plans and submitting monitoring data to the ecological and environmental authority.
The obligations as provided in the preceding paragraph shall be contained in the pollution discharge permit.
Enterprises subject to priority regulation for soil pollution shall be responsible for the authenticity and accuracy of the monitoring data. The ecological and environmental authorities shall conduct timely surveys when discovering abnormal monitoring data from enterprises subject to priority regulation for soil pollution.
The ecological and environmental departments of provincial people's governments at or above the level of city divided into districts shall regularly monitor the soil surrounding enterprises subject to priority regulation for soil pollution.
Article 22 An enterprise shall take corresponding soil pollution prevention and control measures when dismantling facilities, equipment, buildings or structures.
An entity subject to priority regulation for soil pollution shall, when dismantling facilities, equipment, buildings or constructions, make a soil pollution prevention and control plan including contingency measures and file it with the ecological and environmental, and industry and information technology departments of local people's government and implement it.
Article 23 The ecological and environmental, and natural resources departments of the State Council shall strengthen the supervision and administration of prevention and control of soil pollution in mineral resource exploitation regions according to the law and, in accordance with requirements of relevant standards and total quantity control, strictly control the discharge of key pollution which may cause soil pollution.
Entities operating and managing tailings ponds shall, as required, strengthen the safety management of tailings ponds and take measures to prevent soil pollution. Entities operating and managing dilapidated ponds, dangerous ponds, substandard ponds, and other tailings ponds requiring priority regulation shall monitor and regularly assess soil pollution status as required.
Article 24 The state shall encourage the adoption of new technologies and new materials in building, telecommunications, electric power, transport, water conservancy, and other fields and information, network, lightning protection, ground, and other construction projects to prevent soil pollution.
It shall be prohibited to use in soil resistance reducing products containing heavy metal in excess of limits.
Article 25 In the construction and operation of centralized wastewater treatment facilities or solid waste disposal facilities, measures shall be taken according to the requirements of the law, regulations and relevant standards, to prevent soil pollution.
The ecological and environmental departments of local people's governments shall regularly monitor the impact centralized wastewater treatment facilities and solid waste disposal facilities have on the surrounding soil; and if the requirements of the law, regulations or relevant standards are not satisfied, entities operating centralized wastewater treatment facilities or solid waste disposal facilities shall be required, according to monitoring results, to take corresponding improvement measures.
The local people's governments at various levels shall plan and build in an overall manner urban and rural municipal wastewater and solid waste treatment and disposition facilities, guarantee the normal operation thereof, and prevent soil pollution.
Article 26 The agriculture and rural affairs, and forestry and grassland departments of the State Council shall make plans, improve related standards and measures, strengthen the guidance and control of the usage of pesticide and fertilizers in land for agricultural use, and strengthen the control of the use of agricultural film.
The agriculture and rural affairs department of the State Council shall strengthen the registration of pesticide and fertilizers and organize and conduct the safety assessment of the impact pesticide and fertilizers have on soil.
The development of standards for pesticide, veterinary drugs, fertilizers, feed, agricultural film, and other agricultural inputs and the packaging thereof and the standards for the quality of water used for irrigation shall satisfy the requirements for prevention and control of soil pollution.
Article 27 The agriculture and rural affairs, and forestry and grassland departments of local people's governments shall conduct the publicity and technical training campaigns for the prevention and control of soil pollution in land for agricultural use, support specialized services for agricultural production, guide agricultural producers in reasonably using pesticide, veterinary drugs, fertilizers, feed, agricultural film, and other agricultural inputs, and control the usage of pesticide, veterinary drugs and chemical fertilizers, among others.
The agriculture and rural affairs departments of local people's governments shall encourage agricultural producers in taking combining crop farming with livestock farming, crop rotation and fallow land, and other farming measures in favor of prevention of soil pollution; support the adoption of soil improvement, soil fertility improvement, and other measures in favor of soil maintenance and cultivation; and support the building of livestock excrement treatment and utilization facilities.
Article 28 It shall be prohibited to discharge into land for agricultural use wastewater or sludge containing heavy metal or any other toxic and hazardous substance in excess of limits, or dredged sediments, tailings, or slag which may cause soil pollution.
The relevant departments of the people's governments at and above the county level shall strengthen the supervision and administration of the gathering, storage, utilization or disposition of livestock excrement, biogas residues, and biogas slurry, among others, to prevent soil pollution.
The water used for farmland irrigation shall conform to corresponding water quality standards so as to prevent the pollution of soil, ground water and agricultural products. The ecological and environmental departments of local people's governments shall, in conjunction with agriculture and rural affairs, and water resources departments, strengthen the administration of the quality of water used for farmland irrigation and conduct monitoring and supervisory inspection of the quality of water used for farmland irrigation.
Article 29 The state shall encourage and support agricultural producers in taking the following measures:
(1) Using low-toxicity, low-residue pesticide and advanced spaying technology.
(2) Using organic fertilizers and efficient fertilizers conforming to standards.
(3) Using the technique of soil tested-based application of mixed fertilizers, biological prevention and control, and other green prevention and control technologies of plant diseases and pests.
(4) Using biodegradable agricultural film.
(5) Comprehensively utilizing straw or highly enriched pollutant-absorbing straw.
(6) Improving acid soil, among others, as required.
Article 30 The production, sale or use of agricultural inputs the state expressly prohibits shall be prohibited.
Producers, sellers and users of agricultural inputs shall recover the waste packaging of pesticide, fertilizers and other agricultural inputs and agricultural film in a timely manner and hand over the waste packaging of pesticide to special institutions and organizations for harmless treatment. The specific measures therefor shall be formulated by the agriculture and rural affairs department of the State Council jointly with the ecological and environmental department of the State Council.
The State shall take measures to encourage and support entities and individuals in recycling waste packaging of agricultural inputs and agricultural film.
Article 31 The state shall intensify the protection of unpolluted soil.
The local people's governments at all levels shall protect in priority unpolluted cultivated land, woodland, grassland and drinking water sources.
The people's governments at all levels shall strengthen the protection of national parks and other nature reserves and maintain their ecological functions.
Land not utilized shall be protected from pollution and damage.
Article 32 The local people's governments at and above the county level and the relevant departments thereof shall, according to overall land use plans and urban and rural plans, strictly implement relevant requirements for distribution and site selection of industries and enterprises and prohibit new construction, reconstruction and expansion of construction projects which may cause soil pollution surrounding residential communities, schools, hospitals, nursing homes, retirement homes, and other entities.
Article 33 The state shall strengthen the protection and reasonable utilization of soil resources. Topsoil stripped over the course of development and construction shall be separately gathered and stored and, if meeting conditions, first used for land reclamation, soil improvement, earth-shaping and afforestation, among others.
The use of industrial solid waste, municipal waste or polluted soil with heavy metals or other toxic and hazardous substances in excess of limits for land reclamation shall be prohibited.
Article 34 Where the import of soil is necessary for scientific research or any other particular reason, the provisions with regard to entry-exit inspection and quarantine issued by the state shall be observed.
Chapter IV Risk Management and Control and Remediation
Section 1 General Rules
Article 35 The management and control of soil pollution risk and remediation shall include soil pollution status survey and soil pollution risk assessment, risk management and control, remediation, assessment of results of risk management and control, remediation effect assessment, ex-post management, and other activities.
Article 36 For a soil pollution status survey, a soil pollution status survey report shall be prepared.
A soil pollution status survey report shall mainly include the basic information of the tract of land, whether the pollution exceeds the standards for management and control of soil pollution risk, and other content. If the pollution exceeds the standards for management and control of soil pollution risk, the soil pollution status survey report shall also include pollutant type, pollution source, whether ground water is polluted, and other content.
Article 37 For soil pollution risk assessment, a soil pollution risk assessment report shall be prepared.
A soil pollution risk assessment report shall mainly include the following content:
(1) The information of major pollution.
(2) The scope of soil or ground water pollution.
(3) Quality safety risk for agricultural products, public health risk, or ecological risk.
(4) Risk management and control, remediation objectives, and other basic requirements, among others.
Article 38 Risk management and control and remediation activities shall be based on the actual circumstances, scientific, reasonable, and with enhanced pertinence and effectiveness.
Risk management and control and remediation activities shall not cause new pollution to soil and the surrounding environment.
Article 39 The relevant departments of local people's governments shall, before risk management and control or remediation, have the right, based on the actual circumstances, require persons responsible for soil pollution or land usufructuaries to take measures, such as removing pollution sources and preventing the proliferation of pollution.
Article 40 Wastewater, exhaust gas, and solid waste that arise from risk management and control or remediation shall be treated and disposed of as required, so that the relevant environmental protection standards are met.
The solid waste arising, or facilities, equipment, construction, or structures, which are dismantled and are hazardous waste, over the course of risk management and control or remediation, shall be disposed of as required by the relevant laws, regulations, and relevant standards.
During the remediation, a bulletin board shall be erected to disclose the relevant information and environmental protection measures to the public.
Article 41 A remediation undertaking entity shall, when transporting polluted soil, make a transportation plan and notify the time, manner, and route of transportation and the quantity, destination, and final disposition measures of polluted soil, among others, to the ecological and environmental departments in the place of the departure and the place of destination in advance.
Where the polluted soil for transportation is hazardous waste, the remediation undertaking entity shall dispose of it as required by the relevant laws, regulations, and relevant standards.
Article 42 For the assessment of the effect of risk management and control and that of remediation, an effect assessment report shall be prepared.
An effect assessment report shall mainly include the content, such as whether the objectives of risk management and control as well as remediation set in the soil pollution risk assessment report are accomplished.
Where it is necessary to implement management measures after risk management and control as well as remediation, the person responsible for soil pollution shall conduct ex-post management as required.
Article 43 An entity engaging in the survey of soil pollution status, assessment of soil pollution risk, risk management and control, remediation, assessment of effects of risk management and control, remediation effect assessment, ex-post management, and other activities shall have corresponding professional capability.
An entity commissioned to engage in activities in the preceding paragraph shall be responsible for the authenticity, accuracy and integrity of the survey reports, risk assessment reports, risk management and control effect assessment reports, and remediation effect assessment reports and be responsible, as agreed, for the results of risk management and control, remediation and other activities.
Article 44 Where an emergency may cause soil pollution, the local people's government, its relevant departments, and the relevant enterprise or public institution shall immediately take emergency response measures, prevent soil pollution, and under this Law, effectively conduct monitoring and survey of soil pollution status, and the risk assessment, risk management and control, remediation, and other work in respect of soil pollution.
Article 45 A person responsible for soil pollution shall be obligated to conduct the management and control of soil pollution risk and remediation. If the person responsible for soil pollution cannot be ascertained, the land usufructuary shall conduct the management and control of soil pollution risk and remediation.
The local people's government and the relevant departments thereof may, based on the actual circumstances, organize and conduct the management and control of soil pollution risk and remediation.
The state shall encourage and support relevant parties to voluntarily conduct the management and control of soil pollution risk and remediation.
Article 46 The disbursements made for implementing or organizing the survey of soil pollution status, soil pollution risk assessment, risk management and control, remediation, remediation effect assessment, ex-post management, and other activities shall be reimbursed by the person responsible for soil pollution.
Article 47 Where the person responsible for soil pollution is modified, the entity or individual that succeeds to his/her creditor's rights and obligations upon modification shall perform the relevant obligation of the management and control of soil pollution risk and remediation and bear relevant disbursements.
Article 48 When the person responsible for soil pollution is indeterminate or in question, if the land is for agricultural use, the agriculture and rural affairs, and forestry and grassland departments of local people's government shall ascertain the person in conjunction with ecological and environmental, and natural resources departments, or, if the land is for construction use, the ecological and environmental department of local people's government shall do so in conjunction with the natural resources department. Specific measures shall be formulated by the ecological and environmental department of the State Council in conjunction with relevant authorities.
Section 2 Land for Agricultural Use
Article 49 The state shall develop a classification administration system for land for agricultural use. According to soil pollution degree and relevant standards, land for agricultural use shall fall into prior protection classification, safe utilization classification and strict management and control classification.
Article 50 The local people's governments at and above the county level shall appoint according to the law cultivated land in the prior protection classification meeting conditions as perpetual basic farmland for strict protection.
A new construction project that may cause soil pollution shall not be built in a region with perpetual basic farmland concentrated; and if it has been completed, it shall be shut down and dismantled within a specified period.
Article 51 Where land unused, reclaimed, or otherwise is to be converted into cultivated land, the agriculture and rural affairs departments of local people's governments shall, in conjunction with the ecological and environmental, and natural resources departments, survey the soil pollution status and implement classification administration according to the law.
Article 52 For a tract of land for agricultural use at risk from soil pollution as indicated by the general survey, thorough survey, and monitoring of soil pollution status, or on-site inspection, the agriculture and rural affairs, and forestry and grassland departments of local people's government shall, in conjunction with the ecological and environmental, and natural resources departments, survey soil water pollution status.
For a tract of land for agricultural use containing pollution in excess of the standards for management and control of soil pollution risk as indicated by the survey of soil pollution status, the agriculture and rural affairs, and forestry and grassland departments of local people's government shall, in conjunction with the ecological and environmental, and natural resources departments, organize the assessment of soil pollution risk and conduct administration according to the classification administration system for land for agricultural use.
Article 53 For tracts of land for agricultural use in the safe utilization classification, the agriculture and rural affairs, and forestry and grassland departments of local people's governments shall, based on the varieties of major crops, agricultural practices, and other circumstances, develop and implement safe utilization plans.
A safe utilization plan shall include the following:
(1) Agronomic control and alternative farming.
(2) Regularly, collaboratively monitoring and appraising soil and agricultural products.
(3) Providing farmers, farmers' professional cooperatives and other agricultural production and operation entities with technological guidance and training.
(4) Other risk management and control measures.
Article 54 For tracts of land for agricultural use in the strict management and control classification, the agriculture and rural affairs, and forestry and grassland departments of local people's governments shall take the following risk management and control measures:
(1) Putting forward a proposal for delimiting the region to prohibit the production of particular agricultural products and implementing it with the approval of the people's government at the same level.
(2) Collaboratively monitoring and assessing soil and agricultural products as required.
(3) Providing farmers, farmers' professional cooperatives and other agricultural production and operation entities with technological guidance and training.
(4) Other risk management and control measures.
The people's governments at all levels and the relevant departments thereof shall encourage the adoption of adjustment of farming structure, restoration of farmland to forest or grassland, restoration of farmland to wetland, crop rotation and fallow land, livestock rotation and fallow grassland, and other risk management and control measures against land for agricultural use in the strict management and control classification and provide corresponding policy support.
Article 55 Where the soil pollution in the tracts of land for agricultural use in the safe utilization classification or strict management and control classification affects, or may affect the safety of ground water or drinking water sources, the ecological and environmental departments of local people's governments shall, in conjunction with agriculture and rural affairs, forestry and grassland, and other departments, develop plans for prevention and control of pollution and take corresponding measures.
Article 56 With respect to a tract of land for agricultural use in the safe utilization classification or strict management and control classification, the person responsible for soil pollution shall, as required by the relevant provisions issued by the state and the soil pollution risk assessment report, take corresponding risk management and control measures and regularly make a report to the agriculture and rural affairs, and forestry and grassland departments of local people's government.
Article 57 For a tract of land for agricultural use where the pollution in produced agricultural product exceeds the limits and which requires remediation, the person responsible for soil pollution shall prepare a remediation plan, file it with the agriculture and rural affairs, and forestry and grassland departments of local people's government, and implement it. The remediation plan shall include the prevention and control of ground water.
In the remediation activities, biological remediation measures that neither affect agricultural production nor reduce the fertility functions of soil shall be first taken to prevent the pollution from entering the edible part of crops or reduce the pollution so entering, so as to ensure the quality safety of agricultural products.
After risk management and control as well as remediation are completed, the person responsible for soil pollution shall separately commission a relevant entity to assess the effect of the risk management and control and that of remediation and file an effect assessment report with the agriculture and rural affairs, and forestry and grassland departments of local people's governments.
Rural collective economic organizations, their members, rural collective economic organizations, and other agricultural production and operation entities, among others, shall be obligated to provide assistance in implementing the management and control of soil pollution risk and remediation.
Section 3 Land for Construction Use
Article 58 The state shall implement the catalog for the management and control of soil pollution risk and remediation system.
A catalog for the management and control of soil pollution risk and remediation with respect to land for construction use shall be developed, disclosed to the public as required, and updated in due course based on the information of risk management and control as well as remediation by the ecological and environmental department of the provincial people's government in conjunction with the natural resources department.
Article 59 For a tract of land for construction use at risk from soil pollution as indicated by the general survey or thorough survey of soil pollution status, monitoring, or on-site inspection, the ecological and environmental department of local people's government shall require the land usufructuary to survey soil pollution status as required.
If the use is changed to residential, public management, or public service use, soil pollution status shall be surveyed as required before the change.
The soil pollution status survey reports as prescribed in the two preceding paragraph shall be filed with the ecological and environmental departments of local people's governments, subject to the assessment as organized by the ecological and environmental departments of local people's governments in conjunction with natural resources departments.
Article 60 With respect to a tract of land for construction use containing pollution in excess of the standards for management and control of soil pollution risk as indicated in the soil pollution status survey report, the person responsible for soil pollution or the land usufructuary shall assess soil pollution risk as required by the ecological and environmental department of the State Council and file the risk assessment report to the ecological and environmental department of the provincial people's government.
Article 61 The ecological and environmental department of the provincial people's government shall, in conjunction with natural resources and other departments, as required by the ecological and environmental department of the State Council, organize review of soil pollution risk assessment reports, include the tracts requiring risk management and control as well as remediation in the catalog for the management and control of soil pollution risk and remediation in a timely manner, and regularly report to the ecological and environmental department of the State Council.
A tract of land in the catalog for the management and control of soil pollution risk and remediation may not be for residential, public management, or public service use.
Article 62 With respect to a tract of land in the catalog for the management and control of soil pollution risk and remediation, the person responsible for soil pollution shall, as required by the relevant provisions issued by the state and the soil pollution risk assessment report, take corresponding risk management and control measures and regularly report to the ecological and environmental department of local people's government. The risk management and control measures shall include the prevention and control of ground water pollution.
Article 63 With respect to a tract of land in the catalog for the management and control of soil pollution risk and remediation, the ecological and environmental department of local people's government may, based on the actual circumstances, take the following risk management and control measures:
(1) Proposing delimiting a quarantine zone and implementing the proposal with the approval of the people's government at the same level.
(2) Monitoring the pollution status soil and ground water.
(3) Other risk management and control measures.
Article 64 For a tract of land requiring remediation in the catalog for the management and control of soil pollution risk and remediation, the person responsible for soil pollution shall prepare a remediation plan based on the overall land use plan and the urban and rural plan, file it with the ecological and environmental department of local people's government, and implement it. The remediation plan shall include the prevention and control of ground water.
Article 65 After risk management and control as well as remediation are completed, the person responsible for soil pollution shall separately commission a relevant entity to assess the effect of the risk management and control and that of remediation and file an effect assessment report with the ecological and environmental departments of local people's governments.
Article 66 For a tract of land for construction use meeting the risk management and control and remediation objectives as fixed in the soil pollution risk assessment report, the person responsible for soil pollution or land usufructuary may apply to the ecological and environmental department of the provincial people's government for removing it from the catalog for the management and control of soil pollution risk and remediation.
The ecological and environmental department of the provincial people's government shall, in conjunction with natural resources and other departments, organize the assessment of risk management and control effect assessment reports and remediation effect assessment reports, remove the tracts meeting the objectives of risk management and control as well as remediation established in the soil pollution risk assessment reports, which may be safely used, from the catalog for the management and control of soil pollution risk and remediation in a timely manner, disclose them to the public, and regularly report to the ecological and environmental department of the State Council.
In a tract of land for construction use failing to meet the objectives of risk management and control as well as remediation set in the soil pollution risk assessment report, the commencement of the construction of any project irrelevant to risk management and control or remediation shall be prohibited.
Article 67 Before the modification of the use of the land for production and operation of an entity subject to priority regulation for soil pollution, or the recovery or transfer of its usufruct on the land, the land usufructuary shall survey the soil pollution status as required. The soil pollution status survey report shall be submitted to the immovable registration institution of local people's government as immovable registration materials and filed with the ecological and environmental department of local people's government.
Article 68 Where the usufruct on the land has been recovered by the local people's government, and the person responsible for soil pollution is the former land usufructuary, the local people's government shall organize and conduct the management and control of soil pollution risk as well as remediation.
Chapter V Guarantee and Supervision
Article 69 The state shall adopt fiscal, tax, price, financial and other economic policies and measures favorable to prevention and control of soil pollution.
Article 70 The people's governments at all levels shall strengthen the prevention and control of soil pollution and arrange necessary appropriation for the following items:
(1) Research and development of science and technology as well as demonstration projects and programs for preventing and controlling soil pollution.
(2) General surveys, monitoring, and survey of soil pollution status, determination of persons responsible for soil pollution, risk assessment, risk management and control, remediation, and other activities organized and conducted by the people's governments at all levels and their relevant departments.
(3) Disposition of soil pollution-related emergencies by the people's governments at all levels and their relevant departments.
(4) Other items involving the prevention and control of soil pollution as specified by the people's governments at all levels.
In respect of use of funds, performance administration and auditing supervision shall be strengthened to ensure the benefits of the use.
Article 71 The state shall grant more funds for the prevention and control of soil pollution and establish a fund system for the prevention and control of soil pollution. A central earmarked fund for prevention and control of soil pollution and provincial funds to that effect shall be established and used mainly for the prevention and control of soil pollution for land for agricultural use, management and control of soil pollution risk as well as remediation in relation to which the persons responsible for soil pollution or the land usufructuaries cannot be determined, and other matters as provided by the government.
For the pollution of a tract of land which takes place before the implementation of this Law and in relation to which the person responsible for soil pollution cannot be determined, the land usufructuary who actually undertakes the management and control of soil pollution risk as well as remediation may apply for a grant from a fund for the prevention and control of soil pollution to conduct the management and control of soil pollution risk as well as remediation in a concentrated manner.
Specific measures for the administration of funds for prevention and control of soil pollution shall be developed by the financial department of the State Council in conjunction with the ecological and environmental, agriculture and rural affairs, natural resources, housing and urban-rural development, forestry and grassland, and other departments of the State Council.
Article 72 The state shall encourage financial institutions to extend credit to the management and control of soil pollution risk and remediation projects.
The state shall encourage financial institutions to survey soil pollution status when transacting business of mortgaging rights in land.
Article 73 Entities engaging in the management and control of soil pollution risk and remediation shall enjoy tax incentives according to laws and administrative regulations.
Article 74 The state shall encourage and advocate for donations from all social sectors to prevention and control of soil pollution and give tax incentives as required by laws and administrative regulations.
Article 75 The people's governments at and above the county level shall include the status of prevention and control of soil pollution in the annual reports on the accomplishment status of environmental condition and environmental protection objectives and make a report to the people's congress at the same level or the standing committee thereof.
Article 76 The ecological and environmental departments of the people's governments at and above the provincial level shall, in conjunction with the relevant departments, interview the local people's governments at and above the level of the city divided into districts and the principal persons in charge of the relevant departments thereof in regions with prominent soil pollution problems, exercising ineffective prevention and control, or attracting intensive publicity, and require them to take timely corrective measures. The information on the interviews and correction shall be disclosed to the public.
Article 77 Ecological and environmental authorities, the environmental law enforcement bodies thereof, and other authorities charged with the duty of supervision and administration of prevention and control of soil pollution shall have the power to conduct on-site inspection of and take samples from enterprises, public institutions and other producers and operators engaging in activities which may cause soil pollution and require those under inspection to provide relevant materials and explain relevant issues.
One under inspection shall cooperate in the inspection, report the situation faithfully, and provide necessary data.
The departments or institutions conducting on-site inspection and the employees thereof shall keep confidential the trade secrets for one under inspection.
Article 78 Where an enterprise, a public institution, or any other producer or operator causes or may cause serious soil pollution by discharging toxic and hazardous substances in violation of any law or regulation, or the relevant evidence may be destroyed or concealed, the ecological and environmental authority or any other authority charged with the duty of supervision and administration of prevention and control of soil pollution may seize or impound relevant facilities, equipment, and articles.
Article 79 The work safety supervision and administration departments of local people's governments shall supervise entities operating or managing tailings ponds to discharge their statutory obligations to prevent and control soil pollution and prevent them from incurring accidents possibly polluting soil; and the ecological and environmental departments of local people's governments shall strengthen the supervisory inspection and regular assessment of prevention and control of soil pollution by tailings ponds and, when discovering hidden risks, urge the entities operating or managing the tailings ponds to take corresponding measures in a timely manner.
Local people's governments and the relevant departments thereof shall strengthen the supervisory inspection, in accordance with the law, of the acts, such as illegally discharging toxic and hazardous substances into desert, tidal flats, saline and alkaline soil, wetland, or other unused land.
Article 80 The ecological and environmental departments of the people's governments at and above the provincial level and other authorities charged with the duty of supervision and administration of prevention and control of soil pollution shall include the practicing information of entities and individuals engaging in soil pollution status surveys, soil pollution risk assessment, risk management and control, remediation, assessment of effect of risk prevention and control, remediation effect assessment, ex-post management, or any other activities in the credit system to keep credit records, enter the information of violations of the law in the social honesty archives, and include the information in the National Credit Information Sharing Platform and the National Enterprise Credit Information Publication System for public disclosure.
Article 81 Ecological and environmental authorities and other authorities charged with the duty of supervision and administration of prevention and control of soil pollution shall disclose soil pollution status and the information on prevention and control to the public in accordance with the law.
The ecological and environmental department of the State Council shall be responsible for releasing the information on nationwide soil environment in a unified manner; and the ecological and environmental departments of provincial people's governments shall be responsible for releasing the information on soil environment in their respective administrative regions in the same manner. Ecological and environmental authorities shall notify agriculture and rural affairs, health, and food safety authorities at the same level of the significant soil environment information involving major production regions of edible agricultural products.
Citizens, legal persons and other organizations shall enjoy the right to access soil pollution status as well as information on prevention and control and participate in and supervise the prevention and control of soil pollution.
Article 82 General survey reports, monitoring data, and survey reports on soil pollution status, soil pollution risk assessment reports, risk management and control effect assessment reports, and remediation effect assessment reports, among others, shall be uploaded to the National Soil Environment Information Platform in a timely manner.
Article 83 The press shall have the right to supervise through public opinions the act of violating any law or regulation on prevention and control of soil pollution, without being retaliated against by the entities or individuals supervised.
Article 84 An organization or individual shall have the right to report any act of polluting soil to the ecological and environmental authority or any other authority charged with the duty of supervision and administration of prevention and control of soil pollution.
Ecological and environmental authorities and other authorities charged with the duty of supervision and administration of prevention and control of soil pollution shall disclose report manners in relation to prevention and control of soil pollution to the public to facilitate the public to filing a report.
An authority receiving a report shall process it in a timely manner and keep confidential the information relating to the informant; and, if the report is non-anonymous and verified, give reward.
Where a tipster makes a tip-off against his or her employer, the employer shall not retaliate against the tipster by means of rescinding or modifying the employment contract with the tipster.
Chapter VI Legal Liability
Article 85 Where local people's governments, ecological and environmental authorities, or other authorities charged with the duty of supervision and administration of prevention and control of soil pollution, in violation of this law, neglect to discharge the duties as required by this Law, disciplinary action shall be taken against the directly responsible persons in charge and other directly responsible persons according to the law.
For any failure to make an administrative punishment decision required by this Law, the superior authority may directly make the administrative punishment decision.
Article 86 Where, in violation of this Law, any of the following conduct is committed, the ecological and environmental department of local people's government or any other authority charged with the duty of supervision and administration of prevention and control of soil pollution shall order the violator to take corrective action and fine it; and if it refuses to do so, order it to suspend production for rectification:
(1) An entity subject to priority regulation for soil pollution neglects to develop or execute a self-monitoring plan, or submit monitoring data to the ecological and environmental authority.
(2) An entity subject to priority regulation for soil pollution tampers with or fake monitoring data.
(3) An entity subject to priority regulation for soil pollution fails to report the information on the discharge of toxic and hazardous substances on an annual basis, or establish a hidden soil pollution risk screening system.
(4) When dismantling any facility, equipment, construction, or structure, an enterprise, or public institution fails to take corresponding measures to prevent and control soil pollution, or an entity subject to priority regulation for soil pollution fails to develop or execute a soil pollution prevention and control plan.
(5) An entity operating or managing any tailings pond fails to take measures to prevent soil pollution as required.
(6) An entity operating or managing any tailings pond fails to monitor soil pollution status as required.
(7) In the construction and operation of centralized wastewater treatment facilities or solid waste disposal facilities, measures are not taken to prevent soil pollution according to the requirements of the law, regulations and relevant standards.
If an act as provided in the preceding paragraph is committed, a fine not less than 20,000 yuan nor more than 200,000 yuan shall be imposed; and if an act as provided in sub-paragraphs(2)(4)(5) or (7) is committed, resulting in serious consequences, a fine not less than 200,000 yuan nor more than 2,000,000 yuan shall be imposed.
Article 87 Where wastewater or sludge containing heavy metal or other toxic and hazardous substances in excess of limits, or dredged sediments, tailings, slag which may cause soil pollution, is discharged into land for agricultural use, in violation of this Law, the ecological and environmental department of local people's government shall order the violator to take corrective action and fine it not less than 100,000 yuan nor more than 500,000 yuan; if the circumstances are serious, fine it not less than 500,000 yuan nor more than 2,000,000 yuan and may refer the case to the public security authority and cause to be detained the directly responsible person in charge and other directly responsible persons for not less than five days nor more than 15 days; and confiscate the illegal income if any.
Article 88 Where, in violation of this Law, a producer, seller, or user of agricultural inputs fails to recover the waste packaging of agricultural inputs such as fertilizer, or agricultural film in a timely manner as required, or neglects to recover the waste packaging of pesticide and hand it over to professional institutions or organizations for harmless treatment, the agriculture and rural affairs department of local people's government shall order the violator to take corrective action and fine it not less than 10,000 yuan nor more than 100,000 yuan; and if the user of agricultural inputs is an individual, he/she may be fined not less than 200 yuan nor more than 2,000 yuan.
Article 89 Where, in violation of this Law, industrial solid waste, municipal waste or polluted soil containing heavy metal or other toxic and hazardous substances in excess of limits is used for land reclamation, the ecological and environmental department of local people's government shall order the violator to take corrective action and fine it not less than 100,000 yuan nor more than 1,000,000 yuan; and confiscate the illegal income if any.
Article 90 Where, in violation of this Law, an entity, commissioned to engage in soil pollution status survey, soil pollution risk assessment, assessment of effect of risk management and control, or remediation effect assessment activities, issues a false survey report, risk assessment report, risk management and control effect assessment report, or remediation effect assessment report, the ecological and environmental department of local people's government shall fine it not less than 100,000 yuan nor more than 500,000 yuan; and if the circumstances are serious, prohibit it from engaging in the aforesaid activities and fine it not less than 500,000 yuan nor more than 1,000,000 yuan; and confiscate the illegal income if any.
If the entity as mentioned in the preceding paragraph issues an false report, the ecological and environmental department of local people's government shall fine the directly responsible person in charge and any other directly responsible person not less than 10,000 yuan nor more than 50,000 yuan; and if the circumstances are serious, prohibit them from engaging in the business for the purpose of the preceding paragraph for ten years, or if they are criminally punishable, for life.
If the entity for the purpose of paragraph 1 of this Article causes damage to the person or property of another person by colluding in bad faith with the principal to issue a false report, the entity shall be jointly and severally liable with the principal.
Article 91 Where any of the following acts is committed in violation of this Law, the ecological and environmental department of local people's government shall order the violator to take corrective action and fine it not less than 100,000 yuan nor more than 500,000 yuan; if the circumstances are serious, fine it not less than 500,000 yuan nor more than 1000,000 yuan; and confiscate its illegal income if any; and fine the directly responsible person in charge or any other directly responsible person not less than 5,000 yuan nor more than 20,000 yuan:
(1) Failing to separately gather or store the topsoil stripped over the course of development and construction.
(2) Causing new pollution to soil or the surrounding environment through risk management and control or remediation activities.
(3) When transporting polluted soil, failing to report the time, manner, and route of transportation and the quantity, destination, and final disposition measures of polluted soil, among others, to the ecological and environmental authorities in the place of the departure or the place of destination in advance.
(4) In a tract of land for construction use failing to meet the risk management and control and remediation objectives as fixed in the soil pollution risk assessment report, commencing the construction of any project irrelevant to risk management and control or remediation.
Article 92 Where, in violation of this Law, a person responsible for soil pollution, or a land usufructuary, fails to conduct ex-post management as required, the ecological and environmental department of local people's government, or any other authority charged with the duty of supervision and administration of prevention and control of soil pollution, shall order the violator to take corrective action and fine it not less than 10,000 yuan nor more than 50,000 yuan; and if the circumstances are serious, fine it not less than 50,000 yuan nor more than 500,000 yuan.
Article 93 Where, in violation of this Law, one subject to inspection refuses to accept inspection, or makes falsehood in inspection, the ecological and environmental department of local people's government, or any other authority charged with the duty of supervision and administration of prevention and control of soil pollution, shall order the violator to take corrective action and fine it not less than 20,000 yuan nor more than 200,000 yuan; and fine the directly responsible person in charge, or any other directly responsible person not less than 5,000 yuan nor more than 20,000 yuan.
Article 94 Where, in violation of this Law, a person responsible for soil pollution, or a land usufructuary commits any of the following acts, the ecological and environmental department of local people's government or any other authority charged with the duty of supervision and administration of prevention and control of soil pollution shall order the violator to take corrective action and fine the violator not less than 20,000 yuan nor more than 200,000 yuan; if the violator refuses to do so, fine the violator not less than 200,000 yuan nor more than 1,000,000 yuan and designate another person to render the performance for the violator at the expense of the violator; and fine the directly responsible person in charge, or any other directly responsible person not less than 5,000 yuan nor more than 20,000 yuan:
(1) Failing to survey soil pollution status as provided;
(2) Failing to assess soil pollution risks as provided.
(3) Failing to take risk management and control measures as required.
(4) Failing to implement remediation as required.
(5) After risk management and control as well as remediation activities are completed, failing to separately commission a relevant entity to assess the effect of the risk management and control as well as that of remediation.
If a person responsible for soil pollution, or a land usufructuary commits any of the acts as described in the preceding paragraph(3) and (4) and has serious circumstances, the ecological and environmental department of local people's government or any other authority charged with the duty of supervision and administration of prevention and control of soil pollution may refer the case to the public security authority and cause to be detained the directly responsible person in charge, or any other directly responsible person for not less than five days nor more than 15 days.
Article 95 Where, in violation of this Law, any of the following acts is committed, the relevant department of local people's government shall order the violator to take corrective action; and if the violator refuses to do so, fine the violator not less than 10,000 yuan nor more than 50,000 yuan:
(1) An entity subject to priority regulation for soil pollution fails to file the soil pollution prevention and control plan as required with the ecological and environmental, and industry and information technology departments of local people's government.
(2) A person responsible for soil pollution or a land usufructuary fails to file the remediation plan or effect assessment report as required with the ecological and environmental, agriculture and rural affairs, and forestry and grassland departments of local people's government.
(3) A land usufructuary fails to file the soil pollution status survey report with the ecological and environmental department of local people's government.
Article 96 Where soil pollution causes damage to the person or property of a person, tort liability shall be assumed as legally required.
Where the person responsible for soil pollution cannot be determined, the land usufructuary shall assume tort liability as legally required if his/her failure to perform the obligation of management and control of soil pollution risk as well as remediation as provided by this Law causes damage to the person or property of another person.
With respect to any civil dispute as a result of soil pollution, a party may apply to the ecological and environmental department or any other competent department of local people's government for mediation or bring action in the people's court.
Article 97 Where soil pollution injures the interests of the state or the public, the relevant authority or organization may bring action in the people's court according to the Environmental Protection Law of the People's Republic of China, the Civil Procedure Law of the People's Republic of China, the Administrative Litigation Law of the People's Republic of China, and other laws.
Article 98 Where a violation of this Law constitutes a violation of public security administration, the public security authority shall impose public security administration punishment in accordance with the law; and if it is criminally punishable, the violator shall be held criminally liable in accordance with the law.
Chapter VII Supplemental Provision
Article 99 This Law shall come into force on January 1, 2019.