Abstract
At present, China is plagued by serious soil contamination. Specific legislation to deal with the problem is soon to be promulgated. Although much progress has been made on legislation for contamination prevention and control, there are still many gaps in the legal framework, including a standardized system for supervision and management, soil environment investigation, pollution monitoring, risk assessment, and restoration and control. There are still many disagreements over some of these matters. This article argues that legislators should recognize and attach importance to these matters and disagreements and enact modern legislation that takes the most recent international developments and thinking into account.
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Notes
- 1.
“Ministry of Environmental Protection and Ministry of Land and Resources issued a national survey report of soil pollution” (2014). http://www.zhb.gov.cn/gkml/hbb/qt/201404/t20140417_270670.htm. Accessed 15 May 2016.
- 2.
Inorganic pollution contains a variety of harmful metals, salts, acids, alkaline substances, inorganic suspended solids and so on.
Organic pollution is composed of natural organic matter, such as carbohydrates, proteins, amino acids and fats, as well as some other biodegradable synthetic organic compounds.
Compound pollution is the pollution that many elements or a variety of chemicals to the same medium (soil, water, air, biological).
- 3.
The investigation covered 1.507 million square kilometers of land in total, among which the area of farmland was 0.924 million square kilometers, accounting for 68 % of the total farmland nationwide (1.354 million square kilometers). This investigation assessed the geochemical condition of farmland according to the amount of harmful elements it contains.
- 4.
The investigation is based on the standards of the National Assessment of Soil Pollution (2008) (as described in Sect. 2.1 of this article) and the Soil Environmental Quality Standards (GB15618-1995).
- 5.
In reference to another soil threat, the survey also indicated that soil organic carbon levels are dropping markedly in some regions like the northeast, northwest, Qinghai and Tibet, which may have severe impacts on fertility.
- 6.
Based on the national investigation, the Report on National Soil Contamination Survey was published on April 17, 2014, which provides important data support for China’s legislation on soil contamination prevention and control.
- 7.
The opinions included four parts, such as “To fully understand the importance and urgency of strengthening soil pollution prevention and control”, “To provide clear guiding ideology, basic principles and main objectives of the prevention and control of soil pollution”, “To highlight the key areas of soil pollution control” and “Identify relevant measures to strengthen soil pollution prevention and control”.
- 8.
The objectives are to strictly control new soil pollution, to determine soil and environmental protection priority areas, to lessen the environmental risk from soil pollution, to carry out remediation of soil pollution, to improve the environmental supervision capacity of the soil, and to accelerate the construction of soil environmental protection engineering. The safeguard measures are to strengthen the organization and leadership, to improve the investment mechanism, to improve regulatory policies, to strengthen scientific and technological support, and to guide public participation in strict target assessment of soil contamination prevention and control.
- 9.
Trial text is a special type of normative document, providing for the trial implementation of the covered subject. It only gives legal effect to the provisions during the trial period.
- 10.
Luo (2007), p. 100.
- 11.
Cai and Li (2008), p. 132.
- 12.
The Soil Environmental Quality Standard is the highest amount of pollutants permissible in soil. The pollutants in soil are limited to prevent crop fertility disorders, excessive accumulation in food products (according to food hygiene standards), and negative impacts on soil, water and general environmental quality. Additionally, the standards implement the People’s Republic of China Environmental Protection of the ecological environment, agricultural and forestry production, and human health. The standards provide the Index value of the maximum allowable concentration of pollutants in soil and the methods according to soil application function, protection target and soil properties. The standards are applicable to farmland, vegetables, tea gardens, orchards, pastureland, forests, nature reserves and other soils.
- 13.
Natural background value is the composition of soil components and the content when not affected by human social behavioral interference (pollution) and damage. It is “the first-class standard to preserve the natural ecology of the region, setting limits for soil quality” under the Environmental Quality Standard for Soil (1995).
- 14.
High background value is the critical value of soil quality to ensure agriculture and forestry production and the normal growth of plants.
- 15.
The legislative plan of the State Council is divided into three categories. The first category contains legislative projects which should be completed within the year. The second one indicates that the State Council needs to pay close attention to the subject and put forward legislation in a timely manner. The third category involves legislative projects which need to be actively researched and demonstrated.
- 16.
One of 69 legislative plans confirmed by the 12th NPC Standing Committee in 2013.
- 17.
Action Plan for Soil Environment Protection and Pollution Governance is a normative document that is to enhance the prevention and control of soil pollution, and to gradually improve the quality of the soil environment. It is also referred to the “10-Chapter Of Soil”, and is the third national action plan to curb pollution after the ones aimed at tackling air and water pollution. It was formulated from the latter half of 2013.
- 18.
- 19.
Qiu (2008), p. 85.
- 20.
- 21.
Ibid. p. 19.
- 22.
Wang (2008), p. 78.
- 23.
- 24.
Chen (2015b), p. 52.
- 25.
Ibid.
- 26.
- 27.
Chen (2015b), p. 665.
- 28.
- 29.
- 30.
Ye (1998).
- 31.
- 32.
- 33.
Ibid.
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Qin, T., Dong, F. (2017). Legislative Progress on Soil Contamination Prevention and Control in China. In: Ginzky, H., Heuser, I., Qin, T., Ruppel, O., Wegerdt, P. (eds) International Yearbook of Soil Law and Policy 2016. International Yearbook of Soil Law and Policy, vol 2016. Springer, Cham. https://doi.org/10.1007/978-3-319-42508-5_22
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