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Soil pollution prevention and control law (draft).

2017-09-16

For waste gas pollution control in ceramic enterprises are still in the headache, "environmental governance no end, only a comma" argument has been proved again - a few days ago, the 12th session of the standing committee of the National People's Congress meeting of the twenty-eight for the soil pollution prevention law of the People's Republic of China (draft) "(hereinafter referred to as the" draft ") for review, and on June 27, 2017 to the soil pollution prevention law of the People's Republic of China (draft) "published in China's National People's Congress for advice on the net.

What does the new law on soil pollution control mainly mention? How will the ceramic industry be affected? Tao Sir Came to make a point.

The prevention and control of soil pollution should be included in the assessment of leading cadres

According to the regulation of the draft, the soil pollution control target, task progress and result will be included in the objective evaluation system of the ecological civilization construction and environmental protection target responsibility system and evaluation system, as the inspection of the people's government, and person in charge directly responsible for the content of the work performance, and as a basis, rewards and punishments.

At the same time, the competent department of environmental protection under the state council shall exercise unified supervision and administration over the prevention and control of soil pollution nationwide. The state council's agriculture, land and resources, urban and rural construction, forestry and other competent departments shall supervise and administer soil pollution prevention and control within the scope of their respective functions and responsibilities. The competent department of environmental protection of the local people's government shall exercise unified supervision and administration over the prevention and control of soil pollution in the areas under its jurisdiction; The local people's governments at or above the county level shall exercise supervision and administration over the prevention and control of soil pollution within the scope of their respective functions and duties.

The standardization administrative department under the state council and the competent department of environmental protection will jointly with other relevant departments under the state council to establish and perfect the system of the soil pollution control standards of the state, while at the same time allowing no national standard and need in the national unity within the scope of an industry to follow the technical requirements, formulate industry standards.

We will issue a list of key regulatory industries for soil pollution and a list of key regulators

"Draft", according to the environmental protection administrative department under the state council jointly with the competent department of industry and information technology, according to the control of key soil list of toxic and harmful substances and poisonous and harmful material production, use, storage, transportation, recycling and disposal of the status of the environmental impact, determine and publish the list of soil pollution supervision industry and the corresponding management measures. Environmental protection departments of the people's government at the provincial level shall, according to the list of soil pollution supervision industry, industrial and mining enterprises, distribution and pollutant emission situation, formulate and publish the soil pollution list of key enterprises in their respective administrative areas, and timely updates.

Requirement is clear, the competent department of environmental protection of the people's government at the provincial level shall regularly to key enterprises to monitor the surrounding soil will monitor the results as the basis of environmental law enforcement and risk early warning, and the data timely upload the national soil environmental information platform.

For a enterprise already may cause soil pollution due to the closure, relocation, and technical reconstruction, or other reason want to demolish facilities, equipment, or other structures, soil pollution prevention and control measures should be taken; And has been included in the list of soil pollution supervision enterprises, if because of the closure, relocation, technological transformation, or other reason want to demolish facilities, equipment, or other structures, soil pollution prevention and control work plan and emergency plan shall be drawn up, preventing new pollution, and be submitted to the local people's government, the ministry of industry and information technology departments of environmental protection for the record.

Permanent basic farmland concentration areas, residential areas, schools and other areas to ban pollution projects

In order to protect the uncontaminated soil, the draft is also clear that construction projects that may cause soil pollution are not allowed in the permanent basic farmland area; For the construction projects that have been completed, the local people's governments at or above the county level shall close the demolition within a time limit.

In addition, the local people's governments at or above the county level and shall, in accordance with the land use planning and urban and rural planning, strict implementation of the relevant requirements of enterprise layout and site selection, banned in residential areas and schools, hospitals, nursing homes, nursing homes and other units around the newly built or renovated may cause soil pollution of construction projects.

The responsible person for soil pollution needs to be repaired

The draft article 41 clear, on output plots of excessive levels of pollutants in agricultural soil pollution, need to repair measures, soil pollution responsible persons shall be responsible for the repair, at the same time, to the pollution of groundwater shall repair. If the responsible person of soil pollution is unable to undertake the responsibility for repair, the local people's government shall repair it.

According to the provisions of article 42 of the local people's governments and relevant departments to take soil and groundwater pollution investigation, risk assessment, risk control and repair of the cost of such activities, the right of recourse against the soil pollution responsible.

The construction of other projects will not be allowed under repair

In addition, the draft also pointed out that in after the completion of the repair contaminated soil, soil pollution responsible or land use rights shall entrust another relevant institutions to evaluate repair effect, and report the results of evaluation to the competent department of environmental protection under the local people's government for the record. To achieve risk of soil pollution control standard plots of pollution, soil pollution responsible or land use rights can be submitted to the competent department of environmental protection of the people's government at the provincial level to move out of the soil pollution risk control and repair list; If the soil pollution risk control standard is not met, construction of any project that is not related to the repair is prohibited.

When completed, and the soil bioremediation are needed in the late management measures, soil pollution responsible or land use rights, shall, according to the corresponding requirement of the repair plan, implement later risk control measures and corresponding evaluation work.

We will set up key regulatory industries for soil pollution prevention and control funds and enterprises to cover compulsory liability insurance

, according to the draft in order to control farmland soil pollution and soil pollution responsible or land use rights cannot be determined or contaminated soil, such as death, and the state will set up the central and provincial soil pollution prevention and control of funds. For the law of the People's Republic of China on the prevention and control of soil pollution produced before, and soil pollution responsibility cannot be determined or the demise of the pollution of land, the land use right people actually can apply for soil pollution prevention and control of funds, centralized for soil pollution control.

In article 60 of the draft, the state will give tax incentives to enterprises engaged in the control and repair of soil pollution risk.

In addition, the draft also asked to be included in the list of key regulatory industry, engaged in soil pollution soil pollution repair contaminated soil high-risk enterprises such as compulsory liability insurance shall be covered by insurance against environmental pollution.

Key regulators will be fined up to a million dollars for breaking the law

Listed in soil pollution supervision industry list of enterprise fails to perform the following obligations, the competent department of environmental protection under the local people's governments or other in accordance with the provisions of this law shall be ordered to make corrections department shall have the right to exercise the supervisory authority, to a fine between RMB ten thousand yuan and ten thousand yuan; If the circumstances are serious, a fine of RMB 200,000 or more shall be imposed, and a fine of less than one million yuan shall be imposed: (1) the enterprises listed in the list of the key regulatory industries for the pollution of soil pollution shall not comply with the corresponding administrative measures;

(2) the enterprises listed in the list of enterprises listed in the list of soil pollution control enterprises have not performed the prescribed obligations or monitored data fraud;

(3) the demolition of the facilities, equipment or structures, may cause the soil pollution not soil pollution prevention and control measures of enterprise, or soil pollution prevention and control of soil pollution prevention and control of the key enterprises formulated plans and contingency plans;

(4) the enterprises with the key supervision of the tailings bank have not conducted soil pollution monitoring and risk assessment in accordance with relevant state regulations and taken measures to prevent soil pollution;

(5) the units engaged in the collection, transportation, treatment and disposal of life refuse and construction refuse shall not take corresponding measures for the prevention and control of soil pollution as required;

(6) enterprises, public institutions and other production operators engaged in solid waste transport activities, and have not taken measures to prevent the leakage of solid waste, leakage, abandonment or dispersion;

(7) construction and operation of centralized sewage treatment facilities and solid waste disposal facilities shall not take measures to prevent soil pollution in accordance with relevant standards.

Emissions of pollutants in agricultural land can be fined up to 2 million

This copy of the draft, the protection of farmland is the key, so make clear a regulation, has one of the following ACTS, the competent department of environmental protection under the local people's governments shall be ordered to make corrections shall be entitled to, and between one hundred thousand yuan and two hundred thousand yuan the following fine; If any illegal income is obtained, the illegal income shall be confiscated; If the circumstances are serious, a fine of more than 500,000 yuan and less than two million yuan shall be imposed:

(1) waste water, sludge, sludge, tailings (slag), etc. of heavy metals and organic pollutants in agricultural land;

(2) livestock and poultry droppings, sewage, biogas and biogas slurry, etc., which are contaminated with excessive levels of hazardous substances such as heavy metals and persistent organic pollutants in agricultural land.

In addition, for the heavy metals or other poisonous and harmful material exceeds bid of industrial solid waste, waste or contaminated soil for land reclamation, shall be ordered to make corrections by the competent department of land and resources shall have the right, and sentenced to one hundred thousand yuan of above, fine below RMB one million yuan; If any illegal income is obtained, the illegal income shall be confiscated.

The new pollution will be fined between 10 and 1 million yuan

The competent department of environmental protection of the local people's government shall be entitled to make corrections and impose a fine of more than 100,000 yuan and less than 500,000 yuan if one of the following ACTS is stipulated in the draft. If the circumstances are serious, a fine of more than 200,000 yuan and less than one million yuan shall be imposed:

(1) not collecting and storing the surface soil that is removed from the development and construction process independently;

(2) the implementation of soil restoration activities shall cause new pollution to the restored soil and surrounding environment;

(3) transport contaminated soil, fail to fix transit planning, or transportation time, way, lines, and contaminated soil quantity, destination, final disposal measures, such as home to report in advance and receive to the competent department of environmental protection;

(4) failing to meet the soil restoration target and starting construction and repairing unrelated projects.

The polluter refuses to assume responsibility for repair will be enforced by law

The competent department of environmental protection of the local people's government shall have the right to order it to correct any of the following ACTS of soil pollution liability or land use right person. If they refuse to perform, the competent environmental protection authorities of the local people's government shall entrust others to perform the work, and the expenses incurred shall be borne by the persons responsible for the soil pollution or the right to the use of the land; If it refuses to bear, it shall be enforced according to the relevant laws of the state:

(1) the land use right person has not been responsible for the investigation in accordance with the law;

(2) where there is no risk assessment of soil pollution by the responsible person or the right to the use of the land;

(3) where there is no risk control measures for pollution sites that require risk control, or those who are responsible for soil pollution or the right to the use of the land are not required;

(4) the person who is responsible for soil pollution or the land use right person refuses to bear the responsibility for soil pollution repair;

(5) when the soil is completed and completed, the responsible person of soil pollution or the right to use the land shall not entrust the relevant institutions to assess the effect of the repair.

(from the ceramic information report)