Regulations of Shanxi Province on Prevention and Control of Soil Pollution

Chapter I General Provisions Article 1 In order to protect and improve the ecological environment, prevent and control soil pollution, safeguard public health, promote the sustainable utilization of soil resources, promote the construction of ecological civilization, and promote the sustainable development of economy and society, these Regulations are formulated in accordance with the Law of People's Republic of China (PRC) on the Prevention and Control of Soil Pollution and other laws and administrative regulations, combined with the actual situation of this province. Article 2 These Regulations shall apply to the prevention and control of soil pollution and related activities within the administrative area of this province. Article 3 People's governments at all levels shall strengthen their leadership in the prevention and control of soil pollution, establish a comprehensive coordination mechanism for the prevention and control of soil pollution, study and solve major problems in the prevention and control of soil pollution, and be responsible for the prevention and control of soil pollution and the safe use of soil within their respective administrative areas.

The people's governments at or above the county level shall incorporate the prevention and control of soil pollution into the national economic and social development plan, incorporate the responsibility of soil pollution prevention and control of relevant departments into the list of responsibilities for ecological environmental protection, and make it public. Article 4 The competent department of ecological environment shall exercise unified supervision and management over the prevention and control of soil pollution within their respective administrative areas.

Agriculture and rural areas, natural resources, housing and urban and rural construction, forestry and grassland, development and reform, industry and information technology, water administration, health, emergency management, transportation and other departments shall supervise and manage the prevention and control of soil pollution within their respective functions and duties. Article 5 All organizations and individuals have the obligation to protect soil and prevent soil pollution.

Citizens, legal persons and other organizations have the right to obtain information on soil pollution and prevention and control according to law, and participate in and supervise the prevention and control of soil pollution. Chapter II Standards, Monitoring and Detailed Investigation Article 6 The provincial people's government may formulate local soil pollution risk control standards for items not specified in the national soil pollution risk control standards; For projects that have been stipulated in the national soil pollution risk control standards, local soil pollution risk control standards that are stricter than the national soil pollution risk control standards can be formulated. Local soil pollution risk control standards shall be reported to the competent department of ecological environment of the State Council for the record.

The competent department of ecological environment of the provincial people's government shall, jointly with the market supervision and management department, formulate technical specifications for soil environmental monitoring and soil pollution investigation, risk assessment, risk management and control, and remediation. Article 7 The competent department of ecological environment of the provincial people's government may, jointly with relevant departments, supplement the establishment of provincial soil environmental monitoring stations (points) on the basis of the national soil environmental monitoring stations (points) according to the actual situation of the soil environment in this province. Article 8 The people's governments of provinces and cities divided into districts may organize relevant departments such as ecological environment, agriculture and rural areas, natural resources, etc. to carry out detailed investigation of soil pollution, focusing on agricultural land and land used by enterprises in key industries. The scope of enterprises in key industries shall be determined by the competent department of ecological environment in conjunction with relevant departments. Article 9 The competent department of ecological environment of the provincial people's government shall, jointly with relevant departments, establish a basic database of soil environment, build a soil environment information platform of the whole province, and incorporate it into the national soil environment information platform. Chapter III Prevention and Protection Article 10 The people's governments at or above the county level shall reasonably determine the regional functional orientation and industrial layout according to the red line of ecological protection and the carrying capacity of soil environment.

It is forbidden to build, rebuild or expand construction projects that may cause soil pollution in residential areas and around schools, hospitals, sanatoriums, kindergartens and other units. Eleventh at or above the county level shall cooperate with the relevant departments to promote the prevention and control of air, water and soil pollution. Twelfth provinces, districts and municipal people's government departments in charge of ecological environment, should be based on the discharge of toxic and harmful substances, etc., to develop a list of key supervision units of soil pollution in this administrative region.

The key supervision units of soil pollution shall perform the following obligations:

(1) Strictly control the discharge of toxic and harmful substances and report the situation to the competent department of ecological environment on an annual basis;

(two) the establishment of soil pollution hidden danger investigation system, to ensure that the leakage, loss and diffusion of toxic and harmful substances are continuously and effectively prevented;

(three) to formulate and implement a self-monitoring plan and report the monitoring data to the competent department of ecological environment.

The obligations stipulated in the preceding paragraph shall be specified in the pollutant discharge permit.

When demolishing facilities, equipment or buildings and structures, key supervision units of soil pollution shall formulate work plans for the prevention and control of soil pollution, including emergency measures, and organize their implementation. The work plan for the prevention and control of soil pollution shall be filed with the competent departments of ecological environment, industry and information technology at or above the county level where the fifteen work reports are located before the demolition activities begin. Thirteenth units engaged in non-ferrous metal mining and dressing, non-ferrous metal smelting, lead storage battery manufacturing, leather and its products manufacturing, chemical raw materials and chemical products manufacturing, electroplating and other industries. The total emission control system of heavy metal pollutants should be implemented, the total emission control indicators of heavy metal pollutants decomposed and implemented by the unit should be observed, and compulsory cleaner production audit should be carried out according to law to reduce the emission of heavy metal pollutants. Fourteenth units engaged in coking, coal tar processing, crude benzene processing and other toxic and harmful organic pollutants such as polycyclic aromatic hydrocarbons, phenolic compounds, total petroleum hydrocarbons and nitrobenzene. , we should strictly implement anti-leakage measures to improve the level of pollution prevention and control. Fifteenth mining enterprises in mining, mineral processing, transportation, storage and other activities should take measures to prevent waste gas, waste water, waste residue and other pollution of the soil environment. Article 16 The storage, disposal and utilization units of industrial solid wastes and hazardous wastes such as coal gangue, fly ash, red mud, smelting slag and desulfurized gypsum shall, in accordance with the requirements of relevant standards, build anti-leakage, anti-leakage and anti-scattering facilities, and carry out regular maintenance to ensure their normal operation and use.

The operation and management unit of tailings pond shall strengthen the safety management and pollution prevention of tailings pond in accordance with the regulations. The operation and management units of dangerous reservoirs, dangerous reservoirs and other tailings ponds that need key supervision shall monitor and regularly evaluate soil pollution.