Services: Electrical testing and certification, environmental or chemical testing

language
- English
- 中文

400-9269-886

NEWS CENTER

Industry News

Company News

Knowledge

@Key regulatory units for soil pollution, these legal obligations must be implemented!

Time：

2023-08-10

What should enterprises pay attention to after being included in the list of key regulatory units for soil pollution? In order to help key regulatory units of soil pollution further understand the relevant provisions of the Soil Pollution Prevention and Control Law of the People's Republic of China, and consciously fulfill their soil pollution prevention and control obligations in accordance with the law, 11 key points have been sorted out.

1、 Submit annual report on toxic and harmful substances

Article 21 of the Law on the Prevention and Control of Soil Pollution: Key regulatory units for soil pollution shall fulfill the following obligations: (1) Strictly control the discharge of toxic and harmful substances, and report the discharge situation to the competent ecological environment department on an annual basis.

2、 Establish a system for identifying potential soil pollution hazards

Article 21 of the Law on the Prevention and Control of Soil Pollution: Key regulatory units for soil pollution shall fulfill the following obligations: (2) establish a system for identifying potential soil pollution hazards, and ensure the continuous and effective prevention of the leakage, loss, and dispersion of toxic and harmful substances;

2. Article 11 of the "Measures for the Management of Soil Environment in Industrial and Mining Land (Trial)" (Ministry Order No. 3) states that key units shall establish a system for the investigation and control of soil and groundwater pollution hazards, and regularly carry out hazard investigation in key areas and facilities. If any potential pollution hazards are discovered, a rectification plan should be formulated and timely technical and management measures should be taken to eliminate the hazards. The investigation and treatment of hidden dangers should be truthfully recorded and documented.

3、 Carry out soil self monitoring and report the monitoring data to the ecological environment regulatory department

Article 21 of the Law on the Prevention and Control of Soil Pollution: Key regulatory units for soil pollution shall fulfill the following obligations: (3) formulate and implement self monitoring plans, and report monitoring data to the ecological environment regulatory department.
Key regulatory units for soil pollution shall be responsible for the authenticity and accuracy of monitoring data. If the ecological environment regulatory department discovers abnormal monitoring data from key regulatory units of soil pollution, it should promptly investigate.

2. Article 12 of the "Measures for the Management of Soil Environment in Industrial and Mining Land (Trial)" (Ministry Order No. 3) states that key units shall, in accordance with relevant technical specifications, conduct regular soil and groundwater monitoring on their own or by entrusting a third party, focusing on monitoring the soil and groundwater around areas and facilities with potential pollution hazards, and disclosing relevant information in accordance with regulations.

4、 Enterprises carry out demolition activities and prepare soil pollution prevention and control work plans including emergency measures

Article 22 of the Soil Pollution Prevention and Control Law: Enterprises and institutions that demolish facilities, equipment, or buildings or structures shall take corresponding soil pollution prevention and control measures.
If a key regulatory unit for soil pollution demolishes facilities, equipment, or buildings or structures, it shall formulate a soil pollution prevention and control work plan, including emergency measures, and report it to the local people's government's ecological environment, industry, and information management department for record keeping and implementation.

2. Article 14 of the "Measures for the Management of Soil Environment in Industrial and Mining Land (Trial)" (Ministry Order No. 3): Key units that demolish production facilities, equipment, structures, and pollution control facilities involving toxic and harmful substances shall, in accordance with relevant regulations, formulate pollution prevention and control plans for enterprise demolition activities in advance, and report to the county-level ecological environment, industry, and information technology competent department for record keeping fifteen working days before the demolition activities.

The pollution prevention and control plan for enterprise demolition activities should include the basic information of the dismantled production facilities, equipment, structures, and pollution control facilities, technical requirements for soil pollution prevention and control throughout the demolition process, and pollution prevention and control requirements for the surrounding environment.
Key units' demolition activities should strictly follow relevant regulations to implement the safe treatment and disposal of residual materials, pollutants, polluting equipment and facilities, and keep relevant records of demolition activities to prevent soil and groundwater pollution caused by demolition activities. Records related to demolition activities should be kept for a long time.

3. Article 15 of the "Measures for the Management of Soil Environment in Industrial and Mining Land (Trial)" (Ministry Order No. 3) states that emergency plans for sudden environmental events in key units should include content related to preventing soil and groundwater pollution.

5、 The operation and management units of tailings ponds under key supervision should monitor and regularly evaluate the soil pollution status in accordance with regulations

Article 23 (2) of the Law on the Prevention and Control of Soil Pollution: The operation and management units of tailings ponds shall, in accordance with regulations, strengthen the safety management of tailings ponds and take measures to prevent soil pollution. The operation and management units of hazardous, dangerous, diseased, and other tailings ponds that require key supervision shall monitor and regularly evaluate the soil pollution status in accordance with regulations.

6、 Prohibit the discharge of three types of substances into agricultural land

Article 28 of the Soil Pollution Prevention and Control Law prohibits the discharge of heavy metals or other toxic and harmful substances exceeding the standard in sewage and sludge, as well as sediment, tailings, slag, etc. that may cause soil pollution to agricultural land.

7、 Change of land use for enterprises, conduct soil pollution investigation in accordance with the law, and report the investigation report to the ecological environment regulatory department for record keeping

Article 67 of the Law on the Prevention and Control of Soil Pollution: When the use of land for production and operation by key regulatory units of soil pollution changes or before the resumption or transfer of their land use rights, the land use right holder shall conduct a soil pollution investigation in accordance with regulations. The investigation report on soil pollution status shall be submitted as real estate registration materials to the local people's government real estate registration agency, and shall be filed with the local people's government ecological environment regulatory department.

Article 8 of the "Measures for Soil Environmental Management of Industrial and Mining Land (Trial)" (Ministry Order No. 3) states that the land used for new, renovated, or expanded projects of key units shall comply with the relevant national or local standards for soil pollution risk control of construction land.

3. Article 13 of the "Measures for Soil Environmental Management of Industrial and Mining Land (Trial)" (Ministry Order No. 3): If key units discover signs of pollution in the soil and groundwater of industrial and mining land during activities such as hidden danger investigation and monitoring, they shall investigate the source of pollution, identify the cause of pollution, take measures to prevent new pollution, and promptly carry out soil and groundwater environmental investigations and risk assessments in accordance with the relevant regulations on soil environmental management of polluted plots, Based on the investigation and risk assessment results, take measures such as risk control or governance and repair.

4. Article 16 of the "Measures for the Management of Soil Environment of Industrial and Mining Land (Trial)" (Ministry Order No. 3): Before terminating production and business activities, key units shall refer to the relevant regulations on soil environment management of polluted land plots, conduct preliminary investigations of soil and groundwater environment, prepare investigation reports, and timely upload them to the national soil environment management information system of polluted land plots.

Key units shall disclose the main content of the investigation report specified in the preceding paragraph to the public through their websites and other means that are convenient for the public to know.
If the preliminary investigation of the soil and groundwater environment reveals that the pollutant content of the key unit's land exceeds the national or local standards for soil pollution risk control of construction land, detailed investigation, risk assessment, risk management, treatment and restoration activities should be carried out in accordance with the relevant regulations on soil environmental management of the contaminated land.

8、 New, renovated, and expanded projects should undergo environmental impact assessments in accordance with the law, conduct investigations into the current status of soil and groundwater environment in industrial and mining land, prepare investigation reports, and make them publicly available to the public

Article 18 of the Soil Pollution Prevention and Control Law stipulates that all types of land use planning and construction projects that may cause soil pollution shall undergo environmental impact assessment in accordance with the law. The environmental impact assessment document should include potential adverse effects on the soil and corresponding preventive measures that should be taken.

2. Article 7 of the "Measures for the Management of Soil Environment of Industrial and Mining Land (Trial)" (Ministry Order No. 3) states that key units, for new, renovated, or expanded projects, shall conduct environmental impact assessments of industrial and mining land soil and groundwater environment in accordance with relevant national technical specifications, prepare investigation reports, and submit them to the basic database of environmental impact assessments in accordance with regulations.

9、 Facilities and equipment leakage prevention

Article 9 of the Measures for the Management of Soil Environment in Industrial and Mining Land (Trial) (Ministry Order No. 3) states that key units shall design, construct, and install relevant anti-corrosion and leakage prevention facilities and leakage monitoring devices in accordance with the requirements of relevant national standards and regulations when constructing production facilities, storage tanks, and pipelines involving toxic and harmful substances, or when constructing facilities such as sewage treatment tanks and emergency tanks that pose soil pollution risks, Prevent toxic and harmful substances from polluting soil and groundwater.

10、 Filing of underground storage tanks for toxic and harmful substances

Article 10 of the "Measures for the Management of Soil Environment in Industrial and Mining Land (Trial)" (Ministry Order No. 3) states that key units that store toxic and harmful substances in existing underground storage tanks shall, within one year after the promulgation of these measures, report the information of underground storage tanks to the municipal ecological environment management department in the district where they are located for filing.

Key units that store toxic and harmful substances in underground storage tanks for new, renovated, or expanded projects shall report the information of the underground storage tanks to the municipal ecological and environmental management department in the district where they are located for filing before the project is put into production or use.

The information of underground storage tanks includes their service life, type, specifications, location, and usage status.

11、 Enterprises should actively cooperate with inspections and truthfully report relevant situations

Article 77 of the Law on the Prevention and Control of Soil Pollution: The competent ecological environment department, its environmental law enforcement agencies, and other departments responsible for the supervision and management of soil pollution prevention and control have the right to conduct on-site inspections and sampling of enterprises, institutions, and other producers and operators engaged in activities that may cause soil pollution, and require the inspected party to provide relevant information and provide explanations on relevant issues. The inspected person shall cooperate with the inspection work, truthfully report the situation, and provide necessary information. The departments, institutions, and their staff conducting on-site inspections shall keep trade secrets confidential for the inspected individuals.

Article 17 of the "Measures for the Management of Soil Environment in Industrial and Mining Land (Trial)": The ecological and environmental authorities at or above the county level have the right to conduct on-site inspections of key units within their respective administrative regions. The inspected unit shall cooperate, truthfully report the situation, and provide necessary information. The departments, institutions, and their staff conducting on-site inspections shall keep commercial secrets confidential for the inspected unit.