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The first soil method was reported to the National People’s Congress during the year: Classification and management of soil

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The first soil method was reported to the National People’s Congress during the year: Classification and management of soil

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[Abstract]:
土壤修复行业将迎来首部法律。由环保部起草的《土壤污染防治法(建议稿)》已经基本形成,正在征求各方意见,并将于今年年底上报全国人大环境与资源保护委员会,由环资委征求各方意见后,再上交国务院法制办。  全国人大环境与资源保护委员会法案室副处长丁敏此前介绍了土壤污染防治法的立法进展。她表示,根据时间表,今年的主要工作是了解、熟悉土壤污染和防治的有关知识、情况、技术等,2015年着手起草和修改法律草案。预

The soil remediation industry will usher in the first law. The "Soil Pollution Prevention and Control Law (Proposal Draft)" drafted by the Ministry of Environmental Protection has basically taken shape. It is soliciting opinions from various parties and will be reported to the National People's Congress Environment and Resources Protection Committee by the end of this year. Submitted to the State Council Legislative Affairs Office.

Ding Min, deputy director of the National People's Congress Environment and Resources Protection Committee's Billing Department, previously introduced the legislative progress of the Soil Pollution Prevention Act. She said that according to the timetable, the main task of this year is to understand and become familiar with the relevant knowledge, situation, and technology of soil pollution and prevention and control. In 2015, he began drafting and amending the draft law. It is expected that after the revision and improvement of the draft completed at the end of 2016, it will be submitted to the Standing Committee of the National People's Congress for consideration. After 2017, the Environment Protection Committee will cooperate with the Standing Committee of the National People's Congress to complete the deliberation.

Luo Li, a professor at Beijing Institute of Technology Law School, participated in the drafting of the "Soil Pollution Prevention Act (Proposal Draft)". She pointed out: "This law attaches great importance to the protection of the soil environment. It also stipulates protection priorities and formulates basic principles. Special chapter 'Protection and improvement of soil environment', mainly based on the type of land to develop different protection measures, preventive regulations for different situations, in order to avoid some of the provisions on the destruction of the soil environment in industrial activities, the risk of land Controls are clearly defined."

Legislation is imminent

In April this year, the Ministry of Environmental Protection and the Ministry of Homeland issued a survey bulletin on the state of soil pollution in the country. The results of the survey showed that the overall state of the soil environment in the country was not optimistic. The national soil spot exceeding the standard rate was 16.1%, of which the rate of exceeding the standard of cultivated land was as high as 19.4%. After the water source, the atmosphere, etc., how to protect and repair the land has been placed in front of the government.

Gao Shengda, secretary general of the China Environment Restoration Industry Union, once told the media that at present, China lacks mandatory laws and regulations, responsible parties need to repair and reconstruct the polluted land, and there are also differences in degree of control due to different efforts of environmental protection departments in Beijing and Chongqing. Shanghai, Jiangsu, Zhejiang and other provinces and cities have relatively strict requirements and management is in place. However, there are many other places that do not pay enough attention to it. There are cases where pollution land is developed without investigation and repair.

Actually, the current laws and regulations concerning soil pollution and prevention and control, the main laws concerning the control and elimination of the sources of soil pollution, and the control and elimination of industrial “three wastes” emissions include the “Water Quality Standards for Farmland Irrigation” and the “Water Pollution Prevention Law”. At the same time, experts pointed out that the environmental protection law is proposing "control of soil pollution" and "integrated prevention and control of plant diseases and insect pests," and it stipulates that "reasonable use of chemical fertilizers and pesticides" should be adopted. This is the principle of the basic principles of environmental protection. More specific regulations are found in many single-line regulations issued by the state.

However, these laws and regulations did not form an effective soil pollution prevention and control system in China, including laws and regulations and management systems, risk assessment standards, monitoring and monitoring systems, and soil remediation technology systems.

Until October last year, the Soil Pollution Prevention Law was included in the five-year legislative plan of China by the Standing Committee of the Twelfth National People's Congress. The bill was drafted by the Environment and Resources Commission. Earlier this year, the Environment and Resources Commission formally entrusted the Ministry of Environmental Protection with drafting the "Soil Pollution Prevention Law (Proposed Draft)".

Although the Soil Pollution Prevention Act was not included in the Chinese legislative plan until last year, as early as 2006, the Ministry of Environmental Protection (the “SEPA”) had already started organizing personnel to carry out legislative work on soil environmental protection. Luo Li said, “To 2012 In September of this year, the State Council had issued instructions on serious soil pollution problems. Based on this directive, the second soil protection legislation was initiated.”

In October 2012, the Ministry of Environmental Protection formally established an expert group on soil environmental protection legislation to carry out drafting work, including five legal experts and four soil scientists. According to statistics, up to July this year, the legislative group of experts held a total of 14 working meetings and conducted three investigations.

Luo Li said: “A draft of the Soil Pollution Prevention Law has been drafted before. In March, the State Council Legislative Affairs Office, the State Council ministries and commissions, and the provincial-level local governments solicit opinions. In June, the expert group conducted research and reconvened. Drafted a working meeting and formed a draft for consultation.".

Industry will be protected by law

It is reported that the "Proposal" is a total of eight chapters. These include general principles, soil environmental supervision and management, plans and standards for soil environmental protection, protection and improvement of soil environment, risk management and control of soil pollution, restoration of contaminated soil, definition of protection responsibility, and monitoring measures for contaminated soil remediation.

The "Proposal Draft" places great emphasis on the protection and improvement of the soil environment. One of the important aspects is the method of division and management of soil classification.

Ding Min pointed out that in this, the management of agricultural land is a problem that needs to be solved. Agricultural land is not as easy to find pollution sources as industrial land. The principle of “whoever is responsible for pollution” applied within the scope of industrial lands cannot be applied to agricultural areas. Therefore, the responsibility for pollution of agricultural land is generally borne by the government.

“Therefore, firstly investigate the pollution of agricultural land and then carry out sub-divisional management. For farm lands that are actually polluted, they should be controlled first to avoid causing more pollution. For better lands, they must be protected. The agricultural land will need to guide farmers to replant other cash crops to avoid impact on food safety, said Luo Li.

For the purpose of legislation, there are also differences among parties involved in the protection of agricultural land. “In the end, should we guarantee the quality of the soil environment, or should we guarantee the quality of the agricultural products in the soil (11.73, 0.18, 1.56%). If the soil pollution exceeds the limit but the pollution of agricultural products does not exceed the standard, is this situation counted as soil pollution? There is currently no consensus in the industry,” said Ding Min. The ultimate goal directly determines the choice and use of repair technology.

In addition, during the drafting of the "Proposal Draft", the most controversial part is about soil environmental standards. This is also one of the most critical factors affecting the development of the soil remediation industry. Luo Li said, “The issue of soil environmental protection standards is also an important part of the soil pollution prevention and control law. In the end, it is necessary to continue the existing standards or to innovate on the basis of the current standards. This is a part that our expert group has discussed more. ."

Previously, Nanjing Institute of Environmental Sciences updated and revised the existing soil environmental standards in China, including the "Agricultural Land Soil Environmental Limits" and "Industrial Land Soil Environmental Limits." Although these two research results have been fully recognized by the Ministry of Environmental Protection and become state-level environmental protection scientific and technological achievements, they have not yet been formally adopted. The assessment of the soil environment within the industry is still based on the 1995 Soil Environmental Standards.

In addition, Ding Min said, “Who is responsible for pollution?” Whether the company needs to bear the responsibility for life and assume unlimited liability is now under discussion. "At the same time, before the official review and approval of the Law on the Prevention of Soil Pollution, the pollution caused to the company should be investigated for its responsibilities. These are also reflected in the law."