Soil pollution prevention and protection law was officially implemented on January 1! Why is it call

The law of thepeople's Republic of China on the prevention and control of soil pollution(hereinafter referred to as the "law of the people's Republic of China onthe prevention and control of soil pollution") has been put into effect onJanuary 1 this year. This law has seven chapters and ninety-nine articles. Itis the first time that China has formulated a special law to regulate andprevent soil pollution. It is also known as the "strongest" soilprotection law in the industry.

"The strongest" is mainly reflected inthree aspects

1. Strengthen source prevention and reducepollution

Inaddition, the agricultural pollution prevention and control plan should be setup, and the agricultural pollution prevention and control system should bestrengthened Protection of contaminated soil and unused land.

2. Establishing and perfecting the responsibilitymechanism of soil pollution in the system

Inorder to implement the main responsibility of enterprises, the law on theprevention and control of soil pollution stipulates that the person responsiblefor soil pollution has the obligation to implement risk control and repair; ifthe person responsible for soil pollution cannot be identified, the land-useright holder shall implement risk control and repair; the person responsiblefor land pollution shall bear the cost of risk control and remediation. The lawon the prevention and control of soil pollution also defines the supervisionand management responsibilities of the local people's government and itscompetent departments of ecological environment, agriculture and rural areasand other relevant departments. At the same time, any organization orindividual has the right to report or report to the competent department ofecological environment and other departments responsible for the supervisionand management of soil pollution prevention and control.

3. Strict legal liability hasbeen set for illegal acts of soil pollution

Accordingto the law on the prevention and control of soil pollution, those who illegallydischarge pollutants into agricultural land, or fail to take risk controlmeasures or carry out remediation in accordance with the provisions, and thecircumstances are serious, shall be detained. For illegal behaviors such asfailing to carry out risk control or repair according to the regulations, the"double penalty system" is implemented, which not only punishes theillegal enterprises, but also fines the relevant responsible personnel of theenterprises.

Severe punishment of illegal acts

It is one of the biggesthighlights of the soil pollution prevention and control legislation to severelypunish illegal behaviors. The first is to implement the decision of the PartyCentral Committee to protect the ecological environment with the strictestsystem and the strictest rule of law, and severely punish illegal acts,highlighting the word "strict". This is also consistent with theexisting environmental protection law, air pollution prevention and controllaw, water pollution prevention and control law and other relevant laws.

It is worth mentioning thataccording to the law of the people's Republic of China on the prevention andcontrol of soil pollution, the state will give priority to the establishment offarmland classification management system throughout the country. According tothe degree of soil pollution and relevant standards, farmland will be dividedinto three categories: priority protection, safe use and strict control. Ifindividuals and units discharge any pollutants that seriously pollute the landinto farmland, the minimum fine is 100000 yuan, and the serious punishment is500000-2000000 yuan. The case can be transferred to the public security organ,and the directly responsible person in charge and other directly responsible personnelwill be punished Detention of more than 15 days; confiscation of illegal gainsif any.

In addition, the law on theprevention and control of soil pollution also puts forward more strictregulations for the professional investigation institutions, assessmentinstitutions and other remediation organizations. For those who issue falsesoil pollution status investigation and soil pollution risk assessment report,and the serious illegal behaviors, the unit will be banned from business, andthe relevant responsible personnel will be banned for 10 years; if a crime isconstituted, the relevant responsible personnel will be banned for life.

Realize a number of institutional innovations

There are many highlightsin the law of the people's Republic of China on the prevention and control ofsoil pollution

Give priority to prevention and protection

Soil is the final acceptorof air, water, solid and other wastes. Once polluted, it is difficult, longcycle and high cost to repair and control. Therefore, the law of the people'sRepublic of China on the prevention and control of soil pollution strengthensthe prevention at the source and sets up a special chapter of "preventionand protection", which requires the land-use right holders to engage inland development and utilization, enterprises, institutions and otherproduction and business operators to take effective measures to reduce andprevent soil pollution. At the same time, according to the differentcharacteristics of production activities of industrial enterprises andagricultural production activities, different preventive measures are provided.In addition, it is also stipulated to strengthen the protection of unpollutedsoil, focusing on the protection of unpolluted cultivated land, woodland,grassland and water sources, and strictly protecting permanent basic farmland.

Strengthen the management of sensitive land use

Residential and publicmanagement, public service land is directly related to the security of humansettlements, very sensitive. The law of the people's Republic of China on theprevention and control of soil pollution adheres to the control of the sourceand strengthens the access management of sensitive land. It stipulates that ifthe soil use is to be changed to residential land, Public Management land andpublic service land, the pollution situation should be investigated before thechange. The land listed in the list of risk control and repair of construction landshall not be used as land for residence, public management and public service,so as to guarantee from the source We live in peace and security.

Strictly control the use of agricultural inputs

The law of the people'sRepublic of China on the prevention and control of soil pollution stipulatesthat the production, sale and use of agricultural inputs prohibited by theState shall be prohibited; the use guidance and total amount control ofpesticides and chemical fertilizers on agricultural land shall be strengthened,and the use control of agricultural film shall be strengthened; theagricultural, rural, forestry and grassland competent departments of the localpeople's Government shall carry out publicity and technical training activitieson the prevention and control of soil pollution on agricultural land to supportagricultural production Specialized services are provided to guide agriculturalproducers in the rational use of agricultural inputs such as pesticides,veterinary drugs, fertilizers, feed and agricultural films, and to control theuse of pesticides, veterinary drugs and chemical fertilizers.

Support and encourage waste recycling

Producers, sellers andusers of agricultural inputs shall timely recover the packaging wastes andagricultural films of agricultural inputs such as pesticides and fertilizers,and hand over the packaging wastes of pesticides to special institutions ororganizations for harmless treatment.

The market needs agricultural specialized serviceurgently

The departments in chargeof agriculture, rural areas and forestry and grassland under the local people'sgovernments shall carry out publicity and technical training activities for theprevention and control of soil pollution on agricultural land, support thespecialized services of agricultural production, and guide agriculturalproducers in the rational use of agricultural inputs such as pesticides, veterinarydrugs, fertilizers, feed and agricultural films.

Opportunities for bioremediation industry

In the remediationactivities, priority should be given to bioremediation measures that do notaffect agricultural production or reduce soil production functions, so as toprevent or reduce pollutants from entering the edible parts of crops, so as toensure the quality and safety of agricultural products.

Renovation of farming techniques and facilities

The agricultural and ruralcompetent departments of the local people's governments shall encourageagricultural producers to take agricultural cultivation measures conducive topreventing soil pollution, such as combining planting and breeding, rotationand fallow; support the adoption of measures conducive to soil conservation andcultivation such as soil improvement and soil fertility improvement; andsupport the construction of facilities for the treatment and utilization oflivestock and poultry manure.

Adhere to the principle of "one family of soiland water and co governance of soil and water"

At the same time, soilpollution prevention and control law requires to strengthen the prevention andcontrol of groundwater pollution. For example, the investigation report of soilpollution should include the content of groundwater pollution, and the riskassessment report should include the scope of groundwater pollution. For thesoil pollution of agricultural land, which affects or may affect the safety ofgroundwater sources, it is necessary to formulate pollution prevention andcontrol plans and take corresponding protection measures.

Establishment of soil pollution prevention andcontrol fund

According to the law of thepeople's Republic of China on the prevention and control of soil pollution, thestate establishes a fund system for the prevention and control of soilpollution, a central special fund for soil pollution prevention and control,and a provincial fund for soil pollution prevention and control, which ismainly used for the prevention and control of agricultural land pollution, andfor the risk control and repair of soil pollution that cannot be recognized bythe person responsible for soil pollution or land-use right, as well as othermatters stipulated by the government.