Legal responsibility of soil pollution

What are the legal responsibilities of soil pollution?

1. Responsibility for soil pollution caused by leakage, loss and diffusion of toxic and harmful substances (Article 19 of the Law on the Prevention and Control of Soil Pollution) Units and individuals that produce, use, store, transport, recycle, dispose of and discharge toxic and harmful substances shall perform the following two obligations according to law to avoid soil pollution: key supervision units of soil pollution shall report the discharge of toxic and harmful substances every year. Units and individuals that produce toxic and harmful substances shall take measures to prevent the leakage, loss and diffusion of toxic and harmful substances. If the "key supervision unit of soil pollution" fails to fulfill the obligation of sewage declaration, according to the provisions of Article 86 of the Law on the Prevention and Control of Soil Pollution, the local competent department of ecological environment or other departments responsible for the supervision and management of soil pollution prevention can order it to make corrections and impose a fine of more than 220,000 yuan and less than 200,000 yuan; Refuses to correct, shall be ordered to suspend production for rectification. Violation of the second obligation, resulting in the leakage, loss and diffusion of toxic and harmful substances, whose adverse consequences are not stipulated in the Law on the Prevention and Control of Soil Pollution, shall be punished in accordance with the Law on the Prevention and Control of Environmental Pollution by Solid Waste, and the environmental protection department at or above the county level shall order it to stop the illegal act, make corrections within a time limit, and impose a fine of more than 6,543,800 yuan and less than 6,543,800 yuan. 2. Responsibility of remediation unit for secondary pollution in the process of soil risk management remediation (Article 40 of the Law on the Prevention and Control of Soil Pollution) Article 40 of the Law on the Prevention and Control of Soil Pollution stipulates that wastewater, waste gas and solid waste (including hazardous waste) generated by remediation unit in the process of soil risk management remediation shall be disposed of in accordance with the requirements of laws, regulations and relevant standards. That is to say, how to apply the wastewater and regulations generated in the process of soil remediation, that is, Article 91 of the Law on the Prevention and Control of Soil Pollution, and the relevant provisions of the Law on the Prevention and Control of Water Pollution, the Law on the Prevention and Control of Air Pollution and the Law on the Prevention and Control of Solid Waste Pollution? According to the applicable principle of "the new law is superior to the old law" in the legislative law, the principle of "no punishment for one thing" in the administrative punishment and the principle of "choosing one and giving a heavier punishment" stipulated in the Reply of the former State Environmental Protection Administration on Administrative Punishment for the same environmental violation while violating different environmental laws and regulations, it is more reasonable to punish the surrounding areas in accordance with the provisions of heavier punishment when causing other pollution except soil pollution. Later, judging from the legislative intent of the Law on the Prevention and Control of Soil Pollution on "Secondary Pollution Caused by Soil Risk Management and Remediation Activities", it was mainly to supervise soil remediation more strictly. In the pursuit of the "efficiency" value of ecological environmental protection, the implementation of combined punishment is more conducive to the realization of the goal and produces sufficient deterrent and disciplinary effects. 3. Responsibility for soil pollution caused by tailings pond accidents (Article 23 of the Law on the Prevention and Control of Soil Pollution) The tailings pond operation management unit shall perform the following two obligations: take effective measures to prevent soil pollution. The operation and management units of dangerous reservoirs, dangerous reservoirs and other tailings ponds that need key supervision shall monitor and regularly monitor soil pollution. Article 86 of the Law on the Prevention and Control of Soil Pollution stipulates that if the tailings pond management unit fails to fulfill the above obligations, the local ecological environment department or other departments responsible for the supervision and management of soil pollution prevention shall order it to make corrections and impose a fine of more than 20,000 yuan and less than 200,000 yuan; Refuses to correct, shall be ordered to suspend production for rectification. The tailings operation management unit fails to take effective measures to prevent soil pollution, resulting in serious consequences, and shall be fined between 200,000 yuan and 2 million yuan. The serious consequences stipulated in this article include accidents in tailings ponds, so water pollution and soil pollution may occur. How should the law apply? The provisions of Article 94 of the Water Pollution Prevention Law shall apply to tailings or other pollutants that enter the water body and cause water pollution accidents when accidents occur in tailings ponds. In addition to being liable for compensation, the enterprise shall be ordered to take control measures within a time limit to eliminate pollution, and a fine shall be calculated at 20% of the direct losses caused by water pollution accidents. If a major or extraordinarily serious water pollution accident is caused, a fine shall be calculated at 30% of the direct losses caused by the water pollution accident, or it may be reported to the person who has the right to approve and ordered to close down; The directly responsible person in charge and other directly responsible personnel may be fined less than 50% of the income obtained from the unit in the previous year. If pollutants enter the relevant water bodies and soil pollution occurs in the basin, should they be punished again according to the Law on the Prevention and Control of Soil Pollution? If punishment is imposed, does it violate the principle of "no more punishment for one thing"? In this case, if soil pollution has been considered in the loss calculation, it is necessary to confirm the application of an option according to the specific amount. Second, the tailings pond accident caused soil pollution, and at the same time violated the punishment provisions of the Law on the Prevention and Control of Environmental Pollution by Solid Wastes (the maximum fine shall not exceed one million) and the provisions of Article 86 of the Law on the Prevention and Control of Soil Pollution. In this case, the provisions of Article 86 of the Law on the Prevention and Control of Soil Pollution should be applied and a fine of 200,000 to 2 million yuan should be imposed. 4. Sewage treatment plants and garbage treatment plants are not responsible for the prevention and control measures of soil pollution (Article 25 of the Law on the Prevention and Control of Soil Pollution). Sewage treatment plants and garbage treatment plants shall take measures to prevent soil pollution according to law. If this obligation is violated, it will lead to bad legal consequences, and there are also overlapping laws and regulations in punishment. Article 22 of the Regulations on Environmental Protection Management of Construction Projects stipulates that if a construction project fails to organize the implementation of environmental protection countermeasures at the same time during the project construction, the environmental protection department at or above the county level where the construction project is located shall order it to make corrections within a time limit and impose a fine of more than 200,000 yuan and less than 6,543.8+0,000 yuan; Overdue correction, shall be ordered to stop construction. Article 86 of the Law on the Prevention and Control of Soil Pollution stipulates that if sewage treatment plants and garbage treatment plants fail to take measures to prevent and control soil pollution, the local competent department of ecological environment or other departments responsible for the supervision and management of soil pollution prevention shall order them to make corrections and impose a fine of more than 200,000 yuan and less than 2 million yuan; Refuses to correct, shall be ordered to suspend production for rectification. The regulatory authorities and the amount of fines in the two regulations are inconsistent. The Law on Prevention and Control of Soil Pollution is a law, and its effectiveness is obviously higher than the Regulations on Environmental Protection and Management of Construction Projects, and its provisions are stricter. Therefore, Article 86 of the Law on the Prevention and Control of Soil Pollution should be applied for supervision. 5. Responsibility for discharging excessive sewage, sludge, dredged sediment, tailings and slag into agricultural land (Article 28 of the Law on Prevention and Control of Soil Pollution) Excessive farmland crops involve air pollution, climate, soil acidification and other factors, which are not all caused by soil pollution. Therefore, this clause prohibits water pollution and solid waste pollution that lead to excessive agricultural land. First of all, this article provides for prohibitive obligations. It is forbidden for any unit or individual to discharge the following three substances into agricultural land: sewage with excessive heavy metal content or other toxic and harmful substances; Sludge with excessive content of heavy metals or other toxic and harmful substances; Dredging silt, tailings, slag, etc. May cause soil pollution (not required to exceed the standard). Illegal discharge of the above substances will not only bear administrative responsibility, but also bear criminal responsibility for environmental pollution after reaching the conviction standard. Secondly, before the promulgation of the Law on the Prevention and Control of Soil Pollution, the existing laws clearly stipulated the illegal acts of discharging the above three substances. How should the new law be applied after its promulgation? Article 83 of the Law on the Prevention and Control of Water Pollution stipulates the legal liability for discharging water pollutants beyond the standard, Article 68 of the Law on the Prevention and Control of Environmental Pollution by Solid Wastes stipulates the legal liability for environmental pollution by solid wastes, and Article 53 of the Regulations on Urban Drainage and Sewage Treatment stipulates the legal liability for dumping, stacking, discarding and scattering sludge without authorization. Then, compared with the water pollution prevention law and solid waste pollution prevention law, the soil pollution prevention law is a new law. Compared with the administrative regulations on urban drainage and sewage treatment, the law on prevention and control of soil pollution has a higher legal level. Therefore, sewage and sludge with excessive heavy metals or other toxic and harmful substances, as well as dredged sediment, tailings and slag that may cause soil pollution, are discharged into agricultural land. If the circumstances are serious, a fine of not less than 500,000 yuan but not more than 2 million yuan shall be imposed, and the case may be transferred to the public security organ, and the directly responsible person in charge and other directly responsible personnel shall be detained for not less than five days but not more than fifteen days; If there are illegal gains, the illegal gains shall be confiscated. After that, what criteria should be used to determine whether there is excessive discharge of sewage sludge containing heavy metals or other toxic and harmful substances into agricultural land? Sewage discharged into agricultural land is mainly managed according to "Water Quality Standard for Irrigation of Farmland" (GB5084-2005), but the standard was formulated earlier, which can no longer meet the needs of industry supervision. In practice, the application of standards is not timely, which will inevitably lead to difficulties in implementation by regulatory authorities and an increase in the number of soil pollution lawsuits. The standard of sludge discharged to agricultural land is generally managed and controlled according to the control standard of agricultural sludge pollutants. The current effective standards are: control standards for pollutants in sludges from agricultural use (GB 4284- 1984) and Agricultural Sludge for Sludge Disposal in Urban Sewage Treatment Plants (CJ/T309-2009). The newly revised Agricultural Sludge Pollutant Control Standard (GB 4284-20 18) will be implemented on June 19, 2009, replacing the original Agricultural Sludge Pollutant Control Standard (GB 4284- 1984). There are the following differences between them: therefore, the discharge standard of agricultural sludge should meet the control standard of pollutants in agricultural sludge. In addition, the Law on Prevention and Control of Soil Pollution was implemented on June 20 19, and the Standard for Controlling Agricultural Sludge Pollutants (GB 4284-20 1 8) and Urban Sewage Treatment shall apply after June 1 9. 6. The use of industrial solid waste, domestic garbage or contaminated soil for land reclamation (Article 33 of the Law on the Prevention and Control of Soil Pollution) is prohibited by law. It is forbidden to use industrial solid waste, domestic garbage or contaminated soil with excessive heavy metals or other toxic and harmful substances for land reclamation. Illegal discharge of the above substances should not only bear administrative responsibility, but also bear criminal responsibility for environmental pollution after reaching the conviction standard. Second, before the promulgation of the Law on the Prevention and Control of Soil Pollution, the Law on the Prevention and Control of Solid Waste Pollution has clearly stipulated the discharge behavior of industrial solid waste and domestic garbage. As a new law, the Law on the Prevention and Control of Soil Pollution should give priority to the pollution behavior in the process of land reclamation. Therefore, it should be managed according to Article 89 of the Law on the Prevention and Control of Soil Pollution, and the local competent department of ecological environment shall order it to make corrections and impose a fine of 6,543,800 yuan and 6,543,800 yuan. If there are illegal gains, the illegal gains shall be confiscated. Third, the specific application needs to comprehensively consider the land types before land reclamation. The Law on Prevention and Control of Soil Pollution divides land types into agricultural land and construction land. When the land is used for construction before reclamation, there is no cross-application of laws. However, when the land was agricultural land before reclamation, the discharge of industrial solid waste into agricultural land may conflict with the provisions of Article 87 of the Law on the Prevention and Control of Soil Pollution, that is, it violates Articles 89 and 87 of the Law on the Prevention and Control of Soil Pollution at the same time. This clause makes special provisions on the process of discharge behavior, that is, when the solid waste discharged beyond the standard is used for land reclamation, this clause is directly applicable; If solid waste is only discharged into agricultural land and not used for land reclamation, then article 87 of the Law on the Prevention and Control of Soil Pollution can be applied for supervision. 7. Responsibility of the remediation unit to transport contaminated soil (Article 4 1 of the Law on the Prevention and Control of Soil Pollution) When the remediation unit transports contaminated soil, it shall report the transportation time, mode, route, quantity, destination and final disposal measures of the contaminated soil to the competent department of ecological environment of the locality and the receiving place in advance; Violation shall be punished according to Article 9 1 of the Law on the Prevention and Control of Soil Pollution, and the local ecological environment department shall order it to make corrections. If the circumstances are serious, a fine of not less than 500,000 yuan but not more than 6.5438+0,000 yuan shall be imposed; Illegal income, confiscate the illegal income; The directly responsible person in charge and other directly responsible personnel shall be fined between 5,000 yuan and 20,000 yuan. If the transported contaminated soil is identified as hazardous waste according to the Law on the Prevention and Control of Environmental Pollution by Solid Waste, it shall be managed and disposed of according to the provisions of the Law on the Prevention and Control of Environmental Pollution by Solid Waste, including collection, storage, transportation and disposal of hazardous waste. For example, hazardous waste should be disposed of by a unit with hazardous waste management qualification, declared and registered in accordance with state regulations, filled in a hazardous waste transfer form in accordance with state regulations, and transferred after approval. Article 85 Relevant Legal Liability Clauses of the Law on the Prevention and Control of Soil Pollution If local people's governments at various levels, competent departments of ecological environment or other departments responsible for the supervision and management of soil pollution prevention fail to perform their duties in accordance with the provisions of this Law, the directly responsible person in charge and other directly responsible personnel shall be punished according to law. If a decision on administrative punishment should be made in accordance with the provisions of this Law but not made, the competent department at a higher level may directly make a decision on administrative punishment. Article 86 Whoever, in violation of the provisions of this Law, commits any of the following acts shall be ordered by the competent department of ecological environment of the local people's government or other departments responsible for the supervision and administration of soil pollution prevention and control to make corrections and be fined; Those who refuse to make corrections shall be ordered to stop production for rectification: (1) The key supervision units of soil pollution have not formulated and implemented their own monitoring plans, or have not submitted monitoring data to the competent department of ecological environment; (two) the key supervision units of soil pollution tamper with the monitoring data; (three) the key supervision units of soil pollution have not discharged toxic and harmful substances according to the annual report, or have not established the investigation system of hidden dangers of soil pollution; (four) the demolition of facilities, equipment or buildings, structures, enterprises and institutions have not taken corresponding measures to prevent and control soil pollution or the key supervision units of soil pollution have not formulated and implemented the work plan for the prevention and control of soil pollution; (five) the tailings management unit fails to take measures to prevent soil pollution in accordance with the provisions; (six) the tailings management unit fails to monitor the soil pollution in accordance with the provisions; (seven) the construction and operation of centralized sewage treatment facilities and solid waste disposal facilities, without taking measures to prevent soil pollution in accordance with the requirements of laws, regulations and relevant standards. One of the acts listed in the preceding paragraph shall be fined between 20,000 yuan and 200,000 yuan; Whoever commits one of the acts listed in the second, fourth, fifth and seventh items of the preceding paragraph, causing serious consequences, shall be fined from 200,000 yuan to 2 million yuan. Article 87 Whoever, in violation of the provisions of this Law, discharges sewage, sludge and dredged sediment, tailings and slag that may cause soil pollution into agricultural land shall be ordered by the competent department of ecological environment of the local people's government to make corrections and be fined between 100,000 yuan and 500,000 yuan; If the circumstances are serious, a fine of not less than 500,000 yuan but not more than 2 million yuan shall be imposed, and the case may be transferred to the public security organ, and the directly responsible person in charge and other directly responsible personnel shall be detained for not less than five days but not more than fifteen days; If there are illegal gains, the illegal gains shall be confiscated. Article 88 In violation of the provisions of this Law, producers, sellers and users of agricultural inputs fail to recycle packaging wastes or agricultural films of agricultural inputs such as fertilizers in time, or fail to recycle pesticide packaging wastes in time and hand them over to professional institutions or organizations for harmless treatment, the local people's agricultural and rural authorities shall order them to make corrections and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan; If the users of agricultural inputs are individuals, they may be fined more than 2,000 yuan in 200 yuan. Article 89 Whoever, in violation of the provisions of this Law, uses industrial solid waste, domestic garbage or polluted soil with heavy metals and other toxic and harmful substances exceeding the standard for reclamation shall be ordered by the competent department of ecological environment of the local people's government to make corrections and be fined not less than 100,000 yuan but not more than 1 million yuan; If there are illegal gains, the illegal gains shall be confiscated. Article 90 Whoever, in violation of the provisions of this Law, issues a false investigation report, risk report, risk control effect report and repair effect report by a unit entrusted to engage in soil pollution investigation, soil pollution risk, risk control effect and repair effect, shall be fined between 100,000 yuan and 500,000 yuan by the competent department of ecology and environment of the local people's government; If the circumstances are serious, it is prohibited to engage in the above-mentioned business, and a fine of more than 500,000 yuan/kloc-0,000 yuan is imposed; If there are illegal gains, the illegal gains shall be confiscated. Where a unit specified in the preceding paragraph issues a false report, the competent department of ecology and environment of the local people's government shall impose a fine of 1 10,000 yuan to 50,000 yuan on the directly responsible person in charge and other directly responsible personnel; If the circumstances are serious, it is forbidden to engage in the business specified in the preceding paragraph for ten years; If it constitutes a crime, it is forbidden to engage in the business specified in the preceding paragraph for life. Where a unit specified in this article maliciously colludes with the client and issues a false report, causing personal or property damage to others, it shall also be jointly and severally liable with the client. Article 9 1 In case of any of the following acts in violation of the provisions of this Law, the competent department of ecological environment of the local people's government shall order it to make corrections and impose a fine of not less than 100,000 yuan but not more than 500,000 yuan; If the circumstances are serious, a fine of more than 500,000 yuan1000,000 yuan shall be imposed; Illegal income, confiscate the illegal income; The directly responsible person in charge and other directly responsible personnel shall be fined not less than 5,000 yuan but not more than 20,000 yuan: (1) The topsoil stripped in the process of development and construction is not collected and stored separately; (two) the implementation of risk management and remediation activities has caused new pollution to the soil and surrounding environment; (3) Failing to report the transportation time, mode, route, quantity, destination and final disposal measures of contaminated soil to the competent department of ecological environment of the place where the contaminated soil is transferred and the receiving place; (4) Failing to meet the risk control and remediation objectives of the soil pollution risk report, and starting construction of projects unrelated to risk control and remediation. Article 92 If, in violation of the provisions of this Law, the person in charge of soil pollution or the land use right holder fails to carry out post-treatment according to the provisions, the competent department of ecological environment of the local people's government or other departments responsible for the supervision and management of soil pollution prevention shall order it to make corrections and impose a fine of not less than 10,000 yuan but not more than 50,000 yuan; If the circumstances are serious, a fine of not less than 50,000 yuan but not more than 500,000 yuan shall be imposed. Article 93 If, in violation of the provisions of this Law, the inspected refuses to cooperate with the inspection or practices fraud during the inspection, the competent department of ecological environment of the local people's government or other departments responsible for the supervision and management of soil pollution prevention shall order it to make corrections and impose a fine of not less than 20,000 yuan but not more than 200,000 yuan; The directly responsible person in charge and other directly responsible personnel shall be fined between 5,000 yuan and 20,000 yuan. Article 94 In violation of the provisions of this Law, if the person responsible for soil pollution or the land use right holder commits any of the following acts, the competent department of ecological environment of the local people's government or other departments responsible for the supervision and management of soil pollution prevention shall order it to make corrections and impose a fine of not less than 20,000 yuan but not more than 200,000 yuan; Refuses to correct, a fine of more than 200,000 yuan/kloc-0,000 yuan shall be imposed, and others shall be entrusted to perform it on their behalf, and the expenses required shall be borne by the person responsible for soil pollution or the land use right holder; A fine of not less than 5,000 yuan but not more than 20,000 yuan shall be imposed on the directly responsible person in charge and other directly responsible personnel: (1) failing to conduct soil pollution investigation in accordance with regulations; (2) Failing to assess the risk of soil pollution in accordance with the provisions; (3) Failing to take risk control measures as required. (four) failing to implement the repair in accordance with the provisions; (five) after the completion of risk management and repair activities, the relevant units are not entrusted to carry out risk management and repair. If the person in charge of soil pollution or the land use right holder has one of the acts listed in Items (3) and (4) of the preceding paragraph, and the circumstances are serious, the local people's ecological environment department or other departments responsible for the supervision and management of soil pollution prevention and control may transfer the case to the public security organ, and the directly responsible person in charge and other directly responsible persons shall be detained for more than five days and less than fifteen days. Article 95 Anyone who violates the provisions of this Law and commits any of the following acts shall be ordered by the relevant department of the local people's government to make corrections; Those who refuse to make corrections shall be fined 1 10,000 yuan but not more than 50,000 yuan: (1) The key supervision unit of soil pollution fails to report the work plan of soil pollution prevention and control to the competent department of ecological environment, industry and information technology of the local people's government for the record; (two) the person in charge of soil pollution or the land use right holder fails to report the restoration scheme and effect to the competent departments of ecological environment, agriculture, rural areas, forestry and grassland of the local people's government for the record; (three) the land use right holder fails to report the soil pollution investigation report to the local people's ecological environment department for the record. Article 96 Anyone who pollutes soil and causes personal or property damage to others shall bear tort liability according to law. If the person responsible for soil pollution cannot be determined, and the land use right holder fails to perform the obligations of soil pollution risk control and restoration in accordance with the provisions of this law, causing personal or property damage to others, he shall bear tort liability according to law. In a civil dispute caused by soil pollution, the parties may apply to the local people's competent department of ecology and environment for mediation, or bring a lawsuit to the people's court. Article 97 If the polluted soil harms the public interests of the state and society, the relevant organs and organizations may bring a lawsuit to the people's court in accordance with the provisions of the Environmental Protection Law, the Civil Procedure Law and the Administrative Procedure Law. Article 98 Anyone who violates the provisions of this Law and constitutes a violation of public security administration shall be punished by the public security organ according to law. If a crime is constituted, criminal responsibility shall be investigated according to law.