Article 28 Any sewage or sludge containing heavy metals or toxic and hazardous substances in excess of limits, or any dredged sediments, tailings and slag that may cause soil contamination shall be prohibited from being discharged into agricultural land.
The relevant departments under the people's governments at or above the county level shall strengthen the supervision and administration of the collection, storage, utilization and disposal of livestock and poultry excrement, biogas residues, and biogas slurry to prevent soil contamination.
The farmland irrigation water shall meet the water quality standards to prevent the contamination of soil, groundwater and agricultural products. The competent departments of ecology and environment under the local people's governments shall, together with the departments of agriculture and rural affairs, and water resources, strengthen the management of the quality of farmland irrigation water and conduct monitoring, supervision and inspection over the quality of farmland irrigation water.
Article 29 The State encourages and supports agricultural producers to take the following measures:
(1) using low-toxicity and low-residue pesticides, and advanced spraying technologies;
(2) using organic or high-efficacy fertilizers conforming to standards;
(3) adopting green control technologies for crop pests and diseases such as soil testing and formula fertilization and biological control;
(4) using biodegradable agricultural films;
(5) utilizing straws in a comprehensively way and remove the straws with high concentration of contaminants; and
(6) improving the acid soil according to relevant regulations.
Article 30 The agricultural inputs shall not be produced, sold or used if their production, sales and use are expressly prohibited by the State.
The producers, sellers and users of agricultural inputs shall collect the packaging waste of pesticides, fertilizers and other agricultural inputs and agricultural films in a timely manner, and hand over the packaging waste of pesticides to specialized organizations for environmentally sound treatment. The specific measures shall be formulated by the department of agriculture and rural affairs under the State Council in collaboration with the ecology and environment department, and other competent departments under the State Council.
The State adopts measures to encourage and support organizations and individuals to collect and recycle the packaging waste of agricultural inputs and agricultural films.
Article 31 The State strengthens protection of uncontaminated soil.
The local people's governments at all levels shall focus on the protection of uncontaminated arable land, forest land, grassland and drinking water sources.
The people's governments at all levels shall strengthen the protection of national parks and other nature reserves, and preserve their ecological functions.
The unutilized land shall be protected from contamination and damage.
Article 32 The local people's governments at or above the county level and their relevant departments shall, according to the land use master plan and urban-rural plans, strictly implement the requirements for layout and site selection of industries and enterprises. Any construction, reconstruction or expansion project with soil contamination risks shall be prohibited near residential communities, schools, hospitals, sanatoriums, nursing homes and the like.
Article 33 The State strengthens the protection and proper utilization of soil resources. The topsoil stripped during construction shall be collected and stored separately, and the qualified topsoil shall be used preferably for land reclamation, soil improvement, land building and afforestation.
The industrial solid wastes, domestic waste or contaminated soil containing heavy metals or other toxic and hazardous substances in excess of limits shall be prohibited in land reclamation.
Article 34 Any importation of soil needed for scientific research or other special purposes shall comply with the relevant State regulations governing entry-exit inspection and quarantine.
Chapter IV Risk Control and Remediation
Section 1 General Provisions
Article 35 Risk Control and remediation of soil contamination includes investigation on soil contamination, risk assessment of soil contamination, risk control, remediation, effect assessment of risk control, effect assessment of remediation, ex-post management and other activities.
Article 36 An investigation report on soil contamination shall be prepared after the investigation is carried out.
The investigation report on soil contamination shall mainly include the basic information on the land plots, and state whether the contaminants exceed the limits of the risk control standards. If they do exceed the limits, the report shall also include the types and sources of the contamination, and state whether the groundwater is contaminated.
Article 37 A risk assessment report on soil contamination shall be prepared after the risk assessment is carried out.
The risk assessment report on soil contamination shall mainly include:
(1) information about the major contaminants;
(2) scope of contaminated soil and groundwater;
(3) quality and safety risk of agricultural products, public health risks or ecology risks; and
(4) targets and basic requirements for risk control and remediation.
Article 38 The activities for risk control and remediation shall be carried out in consideration of the local conditions in a scientific and reasonable manner to make such activities more targeted and effective.
The activities for risk control and remediation shall not cause new contaminations to the soil and the surrounding environment.
Article 39 Prior to the activities for risk control and remediation, the relevant departments under the local people's governments have the right to ask the person liable for soil contamination or the land use right holders to take measures such as removing contamination sources, preventing further spread of contamination, and other necessary measures according to actual circumstances.
Article 40 The waste water, exhaust gas and solid waste generated from the activities for risk control and remediation shall be treated or disposed of according to relevant regulations, the results of which shall meet the environmental protection standards.
Any solid waste generated from the activities for risk control and remediation, as well as demolished facilities, equipment, buildings or structures that count as hazardous wastes, shall be disposed of according to laws, regulations and relevant standards.
When a remediation project is underway, a bulletin board shall be set up to publicize relevant information and environmental protection measures.
Article 41 Where a construction unit of a remediation project transports the contaminated soil, it shall formulate a transport plan, and report in advance the transport time, means, route, quantity, destination, the final disposal measures and other relevant information to the competent department of ecology and environment of the origin and destination localities.
Where the contaminated soil to be transported is hazardous waste, the construction unit shall dispose of such soil according to laws, regulations and relevant standards.
Article 42 An assessment report on the effects of risk control and remediation shall be prepared after the assessments are carried out.
The effect assessment report shall mainly include whether the targets for risk control and remediation defined in the risk assessment report have been met.
Upon completion of the risk control and remediation activities, if ex-post management is deemed necessary, it shall be carried out by the person liable for soil contamination according to relevant requirements.
Article 43 The unit engaged in soil contamination investigation, risk assessment, risk control, remediation, effect assessment of risk control, effect assessment of remediation, ex-post management and other activities, shall have the corresponding professional qualifications.
Any unit entrusted to participate in the activities mentioned in the preceding paragraph of this Article shall be responsible for the authenticity, accuracy and integrity of the investigation reports, risk assessment reports, risk control effect assessment reports and remediation effect assessment reports it produces, and shall also, as agreed, be responsible for the results of risk control, remediation, ex-post management and other activities.
Article 44 Where an emergency or accident that may cause soil contamination occurs, the local people's governments and their relevant departments, the relevant enterprises, public institutions, other related producers and business operators shall promptly take measures to prevent soil contamination, and carry out monitoring, investigation, risk assessment, risk control, remediation and other activities in accordance with this Law.
Article 45 The person liable for soil contamination is obligated to carry out risk control and remediation of soil contamination. Where the person liable for soil contamination cannot be identified, the land use right holder shall carry out risk control and remediation of soil contamination.
The local people's governments and their relevant departments may, in light of the actual circumstances, organize soil contamination risk control and remediation.
The State encourages and supports the relevant parties to voluntarily carry out risk control and remediation of soil contamination.
Article 46 All costs and expenses incurred from implementing or organizing the soil contamination investigation, risk assessment, risk control, remediation, risk control effect assessment, remediation effect assessment, and ex-post management, etc., shall be borne by the person liable for the soil contamination.
Article 47 Where the person liable for the soil contamination is changed, the unit or individual that succeed to the rights and liabilities thereof shall perform the obligations of soil contamination risk control and remediation, and bear the expenses incurred.
Article 48 Where the person liable for soil contamination is unidentified or disputed, the person liable for contaminated agricultural land shall be identified by the departments of agriculture and rural affairs, forestry and grassland under the local people's governments, together with the competent departments of ecology and environment and natural resources; the person liable for contaminated construction land shall be identified by the competent departments of ecology and environment under the local people's governments together with the departments of natural resources. The measures of identification shall be formulated by the competent department of ecology and environment under the State Council in collaboration with other relevant departments.
Section 2 Agricultural Land
Article 49 The State establishes a category-based administration system for agricultural land. According to the degree of contamination and relevant standards, the land for agriculture shall be categorized into agricultural land under priority protection, agricultural land for safe utilization and agricultural land under strict control.
Article 50 The local people's governments at or above the county level shall, according to law, put the eligible agricultural land under priority protection into permanent basic cropland to ensure stringent protection.
In areas of the permanent basic cropland, any new construction project that may cause soil contamination is prohibited; and those already been built shall be closed and dismantled within a prescribed period of time.
Article 51 Where any unutilized land or reclaimed land is to be cultivated into arable land, the departments of agriculture and rural affairs under the local people's governments shall, together with the competent departments of ecology and environment and natural resources, investigate the soil contamination status and manage such land based on its category according to law.
Article 52 With respect to the agricultural land plots whose soil is at the risk of contamination as indicated by the general survey, detailed survey, monitoring or on-site inspection, the departments of agriculture and rural affairs, forestry and grassland under the local people's governments shall, together with the competent departments of ecology and environment and natural resources, investigate the soil contamination.
With respect to the agricultural land plots in which the contaminants exceed the limits of the risk control standards for soil contamination as indicated by the soil contamination investigation, the departments of agriculture and rural affairs, forestry and grassland under the local people's governments shall, together with the competent departments of ecology and environment and natural resources, organize the risk assessment of soil contamination, and manage such plots according to the category-based administration system for agricultural land.
Article 53 With respect to the agricultural land plots for safe utilization, the departments of agriculture and rural affairs, forestry and grassland under the local people's governments shall formulate and implement a safe utilization plan according to the major crop types and planting practices on such land.
The safe utilization plan shall include:
(1) measures of agronomy regulation, substitute plantation;
(2) regular and synergistic monitoring and evaluation of soil and agricultural products;
(3) technical guidance and training for farmers, specialized farmers cooperatives and other agricultural producers and business operators; and
(4) other risk control measures.
Article 54 With respect to the agricultural land plots under strict control, the departments of agriculture and rural affairs, forestry and grassland under the local people's governments shall take the following measures for risk control:
(1) putting forward a proposal for the delineation of the areas where the production of specific agricultural products is prohibited, and submitting it for approval to the people's government at the same level before implementation;
(2) conducting synergistic monitoring and evaluation on soil and agricultural products according to relevant regulations;
(3) providing technical guidance and training for farmers, specialized farmers cooperatives and other agricultural producers and business operators; and
(4) other risk control measures.
The people's governments at all levels and their relevant departments shall encourage the adoption of risk control measures for agricultural land under strict control, such as adjusting the plantation structure, returning farmland to forests and grassland, returning farmland to wetland, crop rotation and fallow period, pasture rotation and fallow period, etc., and provide corresponding policy support.
Article 55 Where the soil contamination in the agricultural land plots under safe utilization or strict control impacts or may impact the safety of groundwater and drinking water sources, the competent departments of ecology and environment under the local people's governments shall, together with the departments of agriculture and rural affairs, forestry and grassland, formulate plans for prevention and control of soil contamination, and take corresponding measures.
Article 56 With respect to the land for agriculture under safe utilization and strict control, the person liable for soil contamination shall, according to the relevant regulations of the State and the requirements in the risk assessment report on soil contamination, take proper risk control measures, and submit regular reports to the departments of agriculture and rural affairs, forestry and grassland under the local people's governments.
Article 57 With respect to the plots of agricultural land in which the contaminants in agricultural products exceed limits and requires remediation, the person liable for the soil contamination shall prepare a soil remediation plan, and implement such plan after it is reported to the departments of agriculture and rural affairs, forestry and grassland under the local people's governments for the record. The soil remediation plan shall include the prevention and control of groundwater contamination.
The remediation shall give priority to bioremediation measures that do not affect agricultural production and do not weaken the fertility of the soil, and block or reduce the contaminants from entering the edible parts of crops in order to ensure the quality and safety of agricultural products.
Upon completion of risk control and remediation, the person liable for soil contamination shall entrust relevant units to evaluate the effects of risk control and the remediation, and submit the effect assessment report to the departments of agriculture and rural affairs, forestry and grassland under the local people's governments for the record.
The rural collective economic organizations and the members thereof, the specialized farmers cooperatives and other agricultural producers and business operators are obligated to assist in risk control and remediation of soil contamination.
Section 3 Construction Land
Article 58 The State implements a catalogue system for the construction land under risk control and remediation of soil contamination.
A catalogue of the construction land under risk control and remediation of soil contamination shall be formulated by the competent departments of ecology and environment under the people's governments at provincial level, together with the natural resources and other departments at the same level, and shall be made public according to relevant regulations and updated in due time based on the actual circumstances of risk control and remediation.
Article 59 With respect to the construction land plots whose soil is at the risk of contamination as indicated by the general survey, detailed survey, monitoring or on-site inspection, the competent departments of ecology and environment under the local people's governments shall require the land use right holders to investigate the soil contamination.
Where the purpose of the land is altered to the land for residence, public administration or public services, an investigation on the soil contamination status shall be conducted prior to such conversion according to relevant regulations.
The investigation report on soil contamination prescribed in the preceding two paragraphs of this Article shall be submitted to the competent departments of ecology and environment under the local people's governments, and be subject to review organized by the competent departments of ecology and environment under the local people's governments in collaboration with the departments of natural resources.
Article 60 With respect to the construction land plots in which the contaminants exceed the limits of the risk control standards for soil contamination as shown by the review of the investigation report on soil contamination, the person liable for soil contamination or the land use right holders shall conduct soil contamination risk assessment on the land according to the regulations of the competent department of ecology and environment under the State Council, and submit the risk assessment report to the competent departments of ecology and environment under the people's governments at provincial level.
Article 61 The competent departments of ecology and environment under the people's governments at provincial level shall, together with the natural resources and other departments at the same level, organize review of the risk assessment report on soil contamination according to the regulations of the competent department of ecology and environment under the State Council, promptly include the contaminated land in need of risk control and remediation into the catalogue of construction land under risk control and remediation of soil contamination, and regularly report such information to the competent department of ecology and environment under the State Council.
Any land plot included in the catalogue of construction land under risk control and remediation of soil contamination shall not be used for residence, public administration or public services.
Article 62 With respect to the land plots in the catalogue of construction land under risk control and remediation of soil contamination, the person liable for soil contamination shall, according to relevant regulations of the State and requirements of the risk assessment reports on soil contamination, takes proper measures for risk control, and regularly submits reports to the competent departments of ecology and environment under the local people's governments. The measures for risk control shall include the prevention and control of groundwater contamination.
Article 63 With respect to the land plots in the catalogue of the construction land under risk control and remediation of soil contamination, the competent departments of ecology and environment under the local people's governments may, in light of actual local circumstances, take the following measures:
(1) putting forward proposals for the delineation of segregated areas, which shall be implemented after been reported to and approved by the people's governments at the same level;
(2) monitoring the soil and groundwater contamination status; and
(3) other measures for risk control.
Article 64 With respect to the land plots that require remediation in the catalogue of construction land under risk control and remediation of soil contamination, the person liable for soil contamination shall formulate a soil remediation plan in light of the land use master plan and urban-rural plans, and implement such plan after submitting it to the competent departments of ecology and environment under the local people's government for the record. The soil remediation plan shall include the prevention and control of groundwater contamination.
Article 65 Upon completion of risk control and remediation, the person liable for soil contamination shall entrust relevant units to evaluate the effects of risk control and remediation measures, and submit the effect assessment report to the competent departments of ecology and environment under the local people's government for the record.
Article 66 With respect to the construction land plots that have achieved the targets for risk control and remediation as defined in the risk assessment reports on soil contamination, the person liable for soil contamination or the land use right holders may apply to the competent departments of ecology and environment under the people's governments at provincial level to remove such plots from the catalogue of construction land under risk control and remediation of soil contamination.
The competent departments of ecology and environment under the people's governments at provincial level shall, together with the natural resources and other departments at the same level, organize reviews of the risk control effect assessment report and the remediation effect assessment report, timely remove the land plots that achieve the targets for risk control and remediation as defined in the risk assessment report and are available for safe utilization from the catalogue of land for construction under risk control and remediation of soil contamination, publicize the information according to relevant regulations, and regularly report such information to the competent department of ecology and environment under the State Council.
Land plots that fail to achieve the risk control and remediation targets as defined in the soil contamination risk assessment report are prohibited from any construction project other than risk control and remediation.
Article 67 Prior to the change of land use, or the taking back or transfer of the land use right of the production and operation land of an organization under priority supervision for soil contamination, the land use right holders shall carry out the investigation on the soil contamination status according to the regulations. Such investigation report shall be delivered to the real estate registration agencies under the local people's governments as part of the real estate registration materials, and be submitted to the competent departments of ecology and environment under the local people's governments for the record.
Article 68 Where the land use rights are taken back by the local people's governments and the original land use right holders are the parties liable for soil contamination, the local people's governments shall organize soil contamination risk control and remediation on the land.
Chapter V Safeguard and Supervision
Article 69 The State adopts fiscal, taxation, pricing, financial and other economic policies and measures that are favorable to the prevention and control of soil contamination.
Article 70 The people's governments at all levels shall strengthen the prevention and control of soil contamination, and allocate necessary funds for the following matters:
(1) scientific and technological research and development, and demonstration projects and programs for the prevention and control of soil contamination;
(2) general survey, monitoring and investigation on soil contamination, identification of the person liable for soil contamination, risk assessment and control, remediation and other activities organized by the people's governments at all levels and their relevant departments;
(3) responses made by the people's governments at all levels and the relevant departments thereof to emergencies related to soil contamination; and
(4) other matters related to prevention and control of soil contamination prescribed by the people's governments at all levels.
Performance management and auditing supervision shall be strengthened to ensure fund use efficiency.
