China Jiangxi, China, issues Regulations for Soil Pollution Control

The government of China’s Jiangxi province on December 22, 2020 published the Regulations of Jiangxi Province on Soil Pollution Control, which took effect on January 1, 2021. Here is an outline of the regulations:

Local standards for soil pollution control

The following are the provisions concerning the development of Jiangxi province local standards:

  • The provincial government may set local standards for matters that are not regulated by national standards for soil pollution risk control.
  • The provincial government may set local standards stricter than the relevant national standards, for matters regulated by national standards for soil pollution risk control.
  • The provincial government may set special limits on pollutant discharge amount for areas that need special protection due to severe soil pollution.

Designation of the responsible person or entity

The following provisions clearly set out who should be responsible for soil pollution control:

  • If the person or entity responsible for soil pollution control needs to be replaced due to changes in regulations or a merger or division of the involved organization(s), the person or entity that succeeds to the assets and meet the liabilities will become responsible for it.
  • If the person or entity responsible for soil pollution control goes out of existence, the local government will become responsible for it.
  • When land use rights are transferred in accordance with the law, the transferee will be responsible for soil pollution control or both parties shall decide who will be responsible for it by mutual agreement.
  • When land use rights for an industrial site are transferred, the involved parties shall discuss whether and how to perform the assessment of the site and designate the person or entity responsible for soil pollution control.

Measures for soil pollution control

New measures for soil pollution control have been introduced, including the following:

  • Soil pollution information disclosure system.
  • Credit management system for pollution control measures of business entities.
  • List of the entities under increased supervision for soil pollution control.

The full text of the regulations (in simplified Chinese) is available at

http://www.jiangxi.gov.cn/art/2020/12/22/art_396_3003987.html