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Soil pollution prevention law will promote the rapid development of China's soil pollution prevention cause

10/10/2018 Browsing times: 545 10/10/2018

Introduction to this article

For a long time, China's economic development mode is relatively extensive, and the total amount of pollutants discharged remains high. As the ultimate receptor for pollutants, soil has been significantly affected. The survey results of soil pollution in China conducted in 2005-2013 showed that the overall state of the soil environment is not optimistic, and soil pollution in some areas is relatively serious. The total soil point overshoot rate was 16.1%, and the proportions of light, light, moderate, and severe pollution points were 11.2%, 2.3%, 1.5%, and 1.1%, respectively. The problem of soil pollution has become a major environmental problem that needs to be solved urgently and a prominent problem in building a well-off society in an all-round way.

Due to the concealed, lagging, cumulative, irreversible, and difficult-to-treat features of soil pollution, coupled with the inability to rely on it for a long time, the soil pollution control industry has struggled.

In recent years, China has gradually realized the seriousness of soil pollution, and relevant government departments have gradually introduced a series of policies and measures to increase efforts to control and repair soil pollution, but no systematic guidance program has been formed. For example, the "Environmental Protection Law", "Agriculture Law" and "Land Management Law" and other laws only provide scattered regulations on the prevention and control of soil pollution, and China lacks a specific and separate law on soil pollution control.

The "Soil Pollution Control Law" has finally come out, which is an exciting and good thing. It is a good recipe based on the in-depth census, and has provided both macroscopic and detailed guidance strategies for the prevention and control of soil pollution in China. In a sense, this will also become a clear signal of the accelerated development of China's soil pollution prevention cause.

China's first soil pollution prevention law was passed by unanimous vote and will be implemented on January 1, 2019.

At the fifth meeting of the Standing Committee of the 13th National People's Congress on August 31, the "Soil Pollution Control Law of the People's Republic of China" was passed by a full vote. This is a special law formulated by China to regulate the prevention and control of soil pollution, and the law will be implemented from January 1, 2019.

The formulation of a law on the prevention and control of soil pollution and the protection of the soil environment in accordance with the law is a people's livelihood project to ensure that the people can "eat comfortably and live comfortably." At a press conference held on the same day by the General Office of the Standing Committee of the National People's Congress, Zhang Guilong, deputy director of the Administrative Law Office of the Standing Committee of the National People's Congress, said that this law is a law designed to protect and realize the people's peace of mind.

Article 99 of the seven chapters of the Soil Pollution Prevention and Control Law stipulates that the principles of "prevention first, protection priority, classified management, risk management and control, pollution responsibility, and public participation" should be systematically presented. Among them, in the risk management and restoration, the law strictly distinguishes the management system of agricultural land and construction land. In the division of responsibilities, it proposes that “the person who uses the soil pollution cannot be identified, the owner of the land use right should implement the soil pollution risk management and control. Repair. "

Soil pollution is very different from air pollution and water pollution: first, concealment, air and water pollution are relatively intuitive, and can be felt by human senses, but soil pollution can only be sensed by sampling and detection of instruments and equipment; second, hysteresis, There are pollutants in the soil, which will not show up quickly. International experience shows that it usually takes 10 years or more to show up. The third is cumulative. The accumulation of pollutants over a long period of time plays a role.

Zhang Guilong said that China ’s environmental protection law and other related laws have some requirements for the prevention and control of soil pollution, but these requirements are more principled, scattered, and focused on prevention. It is also necessary to regulate how to control the existing pollution in the soil, so China needs to formulate Special laws regulate soil pollution control.

There is a trillion potential market for soil remediation

A drafter of the Soil Pollution Control Law said in an interview with reporters that many provisions of this law are very advanced. It mainly emphasizes the safe use of land, but does this mean that the market for soil remediation is as expected by some market participants? "Spring" came immediately, in fact there is still a gap between the two. And the law does not stipulate a particularly huge amount for administrative fines, because the pollution responsible person will be allowed to do risk management and repair, which will be a particularly large expenditure.

To achieve peace of mind and peace of life, the law requires different control and restoration requirements for soil pollution risks for agricultural land and construction land. The state establishes a classification and management system for agricultural land according to the degree of soil pollution and related standards, classifying agricultural land into priority protection categories, safe use categories, and strict control categories. For different types of agricultural land, the law stipulates different management measures and specifies corresponding risk management and restoration requirements.

The law requires that the state implement a system for controlling and remediation of soil pollution risks on construction land. The law stipulates the conditions and procedures for entering and leaving the management land of the directory, as well as the risk management and repair measures that should be taken. As required by law, parcels included in the list of soil pollution risk control and repair for construction land shall not be used as residential, public management and public service land.

In addition, the law has established detailed penalties for violations.

There is over trillion trillion potential market space for soil remediation . At present, China's soil remediation market is still in its infancy. According to the requirements of the “Ten Soil Regulations”, soil environmental risks will be basically controlled by 2020. From 2030 to 2050, the soil quality will be stable and better, and the soil environment will eventually be improved in the middle of this century. According to the three types of market segments: urban site restoration, cultivated land management, and mine management, under the assumptions of caution, neutrality, and optimism, the scale of the soil remediation market may reach 1.9 / 3.7 / 5.6 trillion yuan, respectively.

This law took 5 years from the time it was included in the legislative plan to its final promulgation. Because it is a newly enacted law, and the soil pollution base is unclear, the pollution situation is complex, and the difficulty of restoration is in front of the eyes. The drafting of this law For each of them, the finalization of each clause is hard-won.

The "Soil Pollution Control Law" is a good recipe formulated on the basis of in-depth censuses, and has provided both macroscopic and detailed guidance strategies for the prevention and control of soil pollution in China. In a sense, this will also become a clear signal of the accelerated development of China's soil pollution prevention cause.

The many highlights of this law are refreshing.

The first is to clarify the main bodies responsible for soil pollution , implement the target pollution control system for soil pollution prevention, and the assessment and evaluation system, increase government accountability, and strengthen the departmental linkage mechanism. The persons responsible for soil pollution and the forms of responsibility in 13 different situations were identified, and a type of soil pollution risk management and remediation system was established.

The second is to regulate the control and restoration of soil pollution risks for agricultural land and construction land, and set up different systems and measures. Based on the actual situation in China, this law, on the basis of clarifying the status of soil pollution, makes overall plans to promote the prevention of pollution sources, the hierarchical and classified management of construction land and agricultural land, and builds a basic framework for the prevention and control of soil pollution.

The third is to clarify the source of repair funds . The "Soil Pollution Control Law" stipulates that the problem of funding for soil pollution shall be solved through various channels and methods. Funds of the Soil Pollution Control Law are divided into two categories, one is the special fund for soil pollution prevention, and the other is the provincial soil pollution prevention fund. In addition to special funds, the Soil Pollution Control Law also proposes the establishment of a provincial soil pollution control fund.

The grand structure wants to rely on the market and industry to achieve. The soil pollution remediation industry is an indispensable part of the entire soil environmental protection system. Without a complete and mature industrial carrier, everything is an aerial tower.

Of course, the market for soil remediation is huge, and the "Soil Pollution Control Law" will certainly promote the expansion of the market. The data shows that in 2017, China's public bidding for site survey and evaluation projects was about 300 million, site restoration projects were about 5 billion, farmland restoration projects were about 1 billion, and mine restoration projects were about 3.5 billion.

According to the requirements of the “Ten Ten Articles”, by 2020, soil environmental risks will be basically controlled. From 2030 to 2050, the soil quality will be stable and better, and the soil environment will eventually be improved in the middle of this century. The conservative estimate is that the scale of the soil remediation market may reach 3 trillion yuan.

However, despite the good conditions, there is currently a weak foundation for soil pollution control, and there are great problems in the following six aspects.


Eager for success

At present, the entire repair industry is eager to achieve success. The project is very rough. In order to develop and utilize contaminated sites early, local governments are working hard, and often only give a few months of repair time. The final repair process has become a by-pass. Data show that from 2014 to September 2015, only 12.6% of soil restoration projects with a construction period of more than 500 days, and 66.7% of the projects under 200 days, generally show the characteristics of "short construction period".

The so-called haste is not reached. Soil remediation is a large project, not only a large amount of engineering, but its strategic significance. If you blindly pursue speed, the result will only be counterproductive.

Fish and dragon mixed

At present, there are many enterprises in China doing soil remediation industry, but not many of them can do it. Due to the irregular market and immature industry, the soil remediation industry is mixed, and a large number of unqualified, unskilled, and inexperienced companies enter the market, of course, to align with money. These companies "do not have diamonds but also magnetism". In order to "dig gold" in the soil remediation market, when the business is completely out of sync, they contract the project based on the relationship, and even take the project first and then set up the company. It was left to others to do, and the project was subcontracted layer by layer, and the quality could not be guaranteed at all.

3. Win the bid


The investment in soil remediation is very large, and it is difficult to see results if the funding is not in place. However, the current bidding for soil remediation projects involves malicious bidding, and some projects offer prices even lower than the market cost. The results can be imagined. Due to the current lack of a mature operating model, the soil remediation market is mainly driven by state funding. Under the chaos, state funds are wasted.

Rough method


Soil remediation is a "technical activity" and should be done in a professional way. However, many projects are performed by infrastructure or even real estate developers. The remediation method is soil replacement. This is the method often used in soil remediation projects in China, but in practice, the contaminated soil that is replaced is often not repaired, but is transported to other places for landfill. Obviously, this is pollution transfer, which is essentially equivalent to Nothing was done, of course, the participants must have made money.

5. Surface "articles"

Soil pollution in China has accumulated for decades, and the severity can be imagined. The depth of pollution has even reached a few meters, a dozen meters or even tens of meters underground. However, at present, many restoration projects are only in the form of a dragonfly. They only repair shallow soil two meters below the ground, and ignore the deep underground soil and groundwater pollution. Because soil repair is almost a hidden project, the repair effect is not visible. It is difficult to understand that non-professionals such as ordinary people can hardly participate in supervision, and repair companies often drill this hole. How can this restoration project stand the test of time and history?

6. Lack of supervision


The frequent occurrence of chaos is due to insufficient system and lack of supervision. The industry is already immature. It is difficult for the industry to make an effect when it is laissez-faire. In the long run, it will lead to a vicious circle. If the company is not strong, the effect will not come out.

Due to the immaturity of the system and industry, there are still many problems of all kinds, large and small. The key to these problems lies in the deep contradictions between China ’s vast land contamination and China ’s soil remediation technology, equipment, experience, and industry. The problem is obvious and will eventually be resolved. The key is how to do it.

An industry should have a flourishing "face", but also a "little son" who can solve problems and produce results.


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