100029, China. Keywords: Contaminated sites; Redevelopment; Joint supervision; Environmental risk;

Transcription

1 Applied Mechanics and Materials Submitted: ISSN: , Vol. 768, pp Accepted: doi: / Online: Trans Tech Publications, Switzerland Study on multi-department joint supervision mechanism for redevelopment of industrial contaminated sites Junli ZHANG 1a, Fang WANG 1b*, Qinfei YU 2c, Ke LI 1d, Wenjuan DING 1e, Yu Wang 1f 1 Solid Waste and Chemicals Management Center of Ministry of Environmental Protection, Beijing , China 2 Tianjin Polytechnic University, Tianjin , China a zhangjunli@mepscc.cn, b wangfang@mepscc.cn (corresponding author), c yuqinfei2003@163.com, d like@mepscc.cn, e dingwenjuan@mepscc.cn, f wangyu@mepscc.cn Keywords: Contaminated sites; Redevelopment; Joint supervision; Environmental risk; Abstract. There is strong demand for redevelopment of the sites of industrial enterprises having been shut down or relocated (hereinafter referred to as industrial contaminated sites) due to its good geographical location. Direct development of contaminated sites without any remedy and restoration will bring prominent risks of environmental security, health and society. The government must pay high attention to this issue. This paper analyzes environmental risks and relevant supervision departments in different links of the process from relocation to redevelopment of industrial sites. Based on these, this paper presents the whole-process mechanism for prevention and control of environmental risks of the relocation, flow (land use change) and post-flow stages involving several government departments such as industry & information department, national land department, housing and construction department and environmental protection department. This study could provide an important reference to the establishment of effective joint supervision mechanism for redevelopment of contaminated industrial sites in China. 1 Introduction With industrial restructuring and the implementation of the policies such as reducing the secondary industry and developing tertiary industry, relocating industrial enterprises from urban areas to industrial park, lots of enterprises in heavy polluting industries such as chemicals, iron & steel, metal smelting and pesticides in big and medium sized cities of China have been shut down, ceased operation or relocated [1, 2]. In addition, it is expected that lots of enterprises across the country will be shut down or relocated before 2017 with activities such as further industrial restructuring, development of new urbanization, addressing excessive productivity and relocation and reform of old industrial zones in China. The findings of the Bulletin of National Investigation on the Status of Soil Pollution jointly released by Ministry of Environmental Protection and Ministry of Land and Resources in April of 2014 show that 34.9% of 775 soil monitoring sites of 81 industrial abandoned plots under investigation fail to meet national soil quality standard. The findings of environmental investigations on the contaminated sites left by relocation of industrial enterprises in cities such as Beijing, Chongqing and Shenyang show that about 1/5 or more such sites are under heavy pollution. The demands for redevelopment of industrial sites subject to shutting down, cease of production or relocation are very strong, many contaminated sites have been under normal utilization for construction of residential buildings or even expensive high-end residential buildings without All rights reserved. No part of contents of this paper may be reproduced or transmitted in any form or by any means without the written permission of Trans Tech Publications, (ID: , Pennsylvania State University, University Park, USA-12/05/16,03:00:33)

2 Applied Mechanics and Materials Vol proper remedy and restoration. Direct development of contaminated industrial sites without any remedy brings about prominent problems of environmental security, health risk and social risk [3-5]. In late 1970s, there was the Love Canal pollution event astonishing the world. In recent years, there were acute poisoning events in the process of redevelopment of contaminated sites such as poisoning of the excavation workers in Songjiazhuang Subway Station in Beijing, faint of several road construction workers in Guoxiang of Suzhou City and the poisoning of construction workers in the Sanjiang real estate project in Wuhan. The environmental security situation due to redevelopment of contaminated industrial sites without any remedy as urban construction land is grave. Therefore, the government must attach great importance to prevention and control of environmental risks for redeveloping contaminated sites, and address the key issues in environmental management as soon as possible. 2 Flow of redevelopment of contaminated sites and environmental risk analysis The whole process of redeveloping industrial contaminated sites involves man administrative departments such as environmental protection, industry & information, national (state) land & resources, planning and construction (See Figure 1). Each administrative department undertakes different duties in each link. To achieve effective joint supervision of all departments on redevelopment of contaminated industrial sites, it is important in the first place to identify the main duty and responsibility of each administrative department in the redevelopment process of the industrial sites and then analyze the environmental risks that should be prevented in each link. Figure 1 Administrative departments involved in redevelopment of industrial contaminated sites 2.1 Flow of land development management and duties of relevant department. The flow of land development in different provinces or municipalities of our country is basically the same. However, the specific requirements and name of procedures vary. Taking Beijing as an example, Figure 2 presents detailed illustration of relevant procedures that land users should go through in different administrative departments from land use change, development to marketing of building flats [6-8]. Different color box in this figure represents different administrative department. The color in red represents administrative review and approval procedures.

3 662 Selected Proceedings of the Ninth International Conference on Waste Management and Technology Figure 2 Flow of procedures for land flow and real estate project in Beijing At land supply stage, land supply flow has some difference for allocation and assignment [9]. Land supply by allocation will need obtaining the report on planning & site selection and planning permit for construction land from the planning department, then land user could apply for Use Certificate of State Land from national land department [10]. In case of land supply by assignment, national land department shall not organize the assignment until the land user applies for planning condition letter for construction project in the planning department [11-12]. In the process of assignment of land, the planning department firstly targets on land reservation center. After the assignment, the target becomes the land user. The process in which a plot of land goes through land supply, redevelopment for residential buildings to marketing involves many government departments. Taking the development of real estate as an example, this process involves the obtaining of the following five licenses (or permits). To an organization that employs land, it should obtain Planning Permit of Construction Land, Use Certificate of State Land, Planning Permit of Construction Project, Building Construction Permit and Permit for Sale of Commercial Buildings, which are the mutual prerequisite conditions. EIA review and approval of environmental protection department is one of the prerequisite conditions for obtaining the Planning Permit for Construction Project. At this moment, the land ownership is changed with set land use. In the whole process of redevelopment of industrial contaminated sites, the duties of each local department are the followings: economic development and information department should make an overall plan for relocation of industrial enterprises and understand the information on enterprise relocation. Environmental protection department is responsible for the activities such as urging post-relocation site investigation & assessment; supervision on land remedy; check and acceptance; putting on file relevant information; acceptance of EIA and environmental check and acceptance. National land department is responsible for land reservation, accepting the land use proposal in the land supply application link, reviewing and approving land use certificate. Planning department is responsible for accepting the letter for planning and site selection, conditions letter, planning license for construction land, planning license for construction projects as well as check & acceptance of

4 Applied Mechanics and Materials Vol plan. Construction department is responsible for accepting the application for construction license, check and acceptance of completed projects as well as marketing license for commercial buildings. The competent national department for economic development, industry and information is the Ministry of Industry and Information. The competent national department for planning and construction is the Ministry of Housing and Urban-Rural Development. At national level, redevelopment process of contaminated sites mainly involves Ministry of Environmental Protection, Ministry of Industry and Information, Ministry of Land and Resources and Ministry of Housing and Urban-Rural Development. 2.2 Stage-based environmental risk analysis The whole process of redeveloping contaminated industrial sites includes relocation, reservation, planning, land supply, development and construction. For the convenience of analysis, we divide the whole process of redeveloping industrial contaminated sites into the following three stages, that is, relocation, flow and post-flow. Among them, reservation, planning and land supply belongs to flow stage. Development and construction belong to post-flow stage. Next, we will analyze environmental risks that should be prevented at each stage in terms of ensuring environmental security of redevelopment of contaminated sites. (1) Relocation stage. Wastewater, waste liquid, solid wastes, toxic and hazardous substances and various kinds of pollution treatment facilities are left at the original site. Storage facilities of toxic or hazardous substances have not been under proper treatment in time with serious risks of environmental pollution. Some enterprises have weak environmental awareness and lack of environmental management. Therefore, environmental pollution or accidents will occur in the process of resettlement due to improper construction and operation or intentional and covert dumping or discharging pollutants. Therefore, at relocation stage the main focuses are preventing new or aggravated land pollution by relocation falling short of the standard, and covert discharge or dumping in the resettlement process. (2) Flow stage. At this stage, it is quite easy to shift the responsibility of the polluter for pollution control and land remedy in the reservation link in case of no environment investigation and assessment of contaminated sites coupled with limited understanding of relevant parties about the difficulty in remedy and restoration as well as big remedy cost. It is not conducive to identify the main responsible body and the fund for land remedy and restoration in the future. The failure of planning department and national land department to understand environmental quality and risks of contaminated industrial sites will lead to contaminated sites directly entering market without remedy and restoration, and bring about big environmental risks to future construction and development as well as post-construction land use. Therefore, site investigation and assessment should be conducted to understand environmental quality of the industrial sites, the party responsible for remedy should be identified and risk prevention program be conducted at this stage to prevent contaminated sites entering market. (3) Post-flow stage. The development and construction stage of industrial sites can be divided into the following three links including plan & design; construction; and completion check & acceptance. If contaminated sites enters the development and construction stage without any remedy, there will be very high environmental risk and subject to acute poisoning event in the development process. In addition, once residential buildings are built on the contaminated sites, it may impose serious health risk to the residents. Therefore, the main task of this stage is preventing the development of toxic land and ensuring remedy and restoration of contaminated sites with the help of existing supervision instruments.

5 664 Selected Proceedings of the Ninth International Conference on Waste Management and Technology 3 Design of multi-department joint supervision mechanism According to previous land flow and development flow, the national land department and planning department on one hand do not have the information about the environmental quality and environmental risks of contaminated industrial sites, and cannot judge which plot of land under contamination and which plot of land can be developed, it will be difficult to control before adjustment of land use, planning, site selection, bidding, auctioning and holding over of land. And it will be possible to plan land use of the toxic land for kindergarten, home for the aged or residential buildings. On the other hand, environmental protection department does not understand land use change information. It does not involve until the construction stage when land transaction has been finished with the change of ownership and difficulty in tracing and identifying remedy responsibility as well as remedy fund. At the project authorization stage with clear identification of future land use of industrial contaminated sites, it is very difficult to prevent and control environmental risks of redevelopment of toxic (contaminated) land only with EIA review & approval and environmental check & acceptance by environmental protection department. In order to effectively ensure environment security of redevelopment of the contaminated sites of shut down or relocated industrial enterprises and safeguard public health, a joint supervision mechanism involving many departments should be developed. Ideal multi-department supervision mechanism should commence from site relocation and control at the sources to minimize new pollution. Meanwhile, in view of different stages of current projects on redeveloping contaminated sites, we will establish a joint supervision mechanism in all links of the whole process from relocation, construction and check & acceptance. 3.1 Analysis of the process of joint supervision on redevelopment of contaminated sites. According to estimate, almost 100,000 enterprises across the country have been shut down, went bankruptcy or relocated during 2001~2012. In reality, many enterprises have basically finished their relocation, while environmental protection department does not understand the information of the relocated enterprises and contaminated sites. At present, there are the following situations in the land market: some plots of industrial sites are still at the hand of land reservation center; some plots of industrial sites have new land use and new land user has obtained the land use certificate, while some plots of land are under construction for redevelopment. Based on the background of limited supervision due to no law on management of contaminated sites and the reality that redevelopment of industrial contaminated sites is at different stages, we carry out institutional design according to law of business flow of relevant government departments in view of potential environmental risk of each link of each stage. When fulfilling its duties, the supervision department should identify any missing and make up deficiencies. Meanwhile, it should introduce the practical experience of provinces and municipalities such as Beijing, Shanghai, Chongqing and Zhejiang, and put forward the elements for joint supervision and prevention of environmental risks. Table 1 shows the details.

6 Applied Mechanics and Materials Vol Table 1 Elements of multi-department joint supervision on prevention and control of environmental risks Prevention Stage Supervision department Main duties Elements for joint supervision 1. Sharing the information of relocated industrial sites. 2. Considering prevention and control of New or aggravated land pollution in relocation process Relocation Economic development and information commission Organize the relocation environmental pollution in the relocation program, and successfully preventing land contamination in the process of relocating industrial enterprises. 3. Relevant authority should urge in time the party responsible to carry out investigation and assessment of contaminated sites after relocation and fulfill its responsibility. Reservation National Land Bureau Organize reservation of the contaminated sites 4. Identify and fulfill the responsibility for investigation, assessment, remedy and restoration of contaminated sites when the land is collected and reserved. Plan Planning Bureau Detailed control regulations 5. Consider the suggestions of environmental protection department on the development of this plot of land. Situation 1 Allocation: Statement on Site 6. Planning department considers the Selection - Planning suggestions of environmental protection Contaminated Permit for department when it handles the Statement sites into Flow Construction Land- on Planning and Site Selection. market Certificate for use of Planning Bureau state land Land Situation 2 Sale: supply Letter on Planning National Land Bureau Conditions (Land Acquisition Letter) - 7. When organizing granting land, national land bureau organizes land department should consider the land assignment - opinions of environmental protection Planning Permit for department. Construction Land - Certificate for use of state land 8. For the construction organization that Development of toxic land Post-flow development and construction Planning & design Planning Bureau Program Review Statement - Planning permit for construction project has obtained Program Review Statement, relevant authority should require the construction organization to provide the written opinions of environmental protection department before granting the Planning Permit for Construction Project.

7 666 Selected Proceedings of the Ninth International Conference on Waste Management and Technology Prevention Stage Supervision department Main duties Elements for joint supervision 9. In case of no investigation, assessment, remedy and restoration of contaminated sites; or the failure of implementing EPA EIA review and approval remedy responsibility or measures; or failure of passing restoration check & acceptance; environmental protection department should suspend the review and approval of EIS of any new or reform project of that site. 10. Building construction permit shall not construction Construction Bureau Building Construction Permit be granted in case of failure of remediated land to pass remedy check & acceptance by environmental protection department. 11. In case that off-site treatment of contaminated soil fails to pass remedy Completion check & acceptance EPA Environmental check and acceptance check & acceptance by environmental protection department, environmental protection department shall reject the post-construction environmental check & acceptance. 3.2 Joint supervision in relocation process. Joint supervision in relocation process mainly depends on the cooperation between industry & information department and environmental protection department. When organizing relocation of enterprises, industry & information department should understand enterprise relocation information and share it with environmental protection department in time, thus effectively preventing and controlling environmental risks of relocation process. After understanding the information about enterprise relocation, environmental protection department should strengthen supervision and inspection on prevention and control of pollution in relocation process of shut down industrial enterprises. It should actively organize and urge the person (unit) responsible to carry out investigations and assessment of the environment of the original site of industrial enterprises having shut down or relocated, urge the enterprises to fulfill their responsibility for land remedy and restoration and develop the remedy and restoration program. 3.3 Joint supervision in the process of land flow. Joint supervision on contaminated sites entering the flow link mainly depends on mutual cooperation among national land department, planning department and environmental protection department. When developing land use plan and organizing land deal, the national land department and planning department should take full reference of the opinions of environmental protection department. When developing relevant plans such as land use master plan and urban-rural development plan, local national land department and urban-rural planning department should take full account of environmental risks of contaminated sites and appropriately plan their land use. When environmental protection department after assessment considers the original sites of industrial enterprise not appropriate for living or with too high remedy cost, the government at all levels may

8 Applied Mechanics and Materials Vol apply for adjustment to urban square or green land according to law. In case that planning site selection, developing detailed plan for business land use or approving the adjustment of detailed plan for land use involve original site of industrial enterprises, the planning department should solicit written opinions from environmental protection department on land use of the site. In case of change of land use of the original site of industrial enterprise, which supplies the land by allocation, land user should provide planning department with written suggestions of environmental protection department before site selection. In case of failure to meet soil environment quality requirement for construction land or no clear identification of the responsibility for remedy and restoration or no implementation of remedy program, the planning department shall suspend the granting of Statement on Planning & Site Selection. In case of resupply of land by assignment, land user should provide national land department with the written opinions of environmental protection department before bidding, auction or holding up of the land or negotiated sale. In case of failure to meet soil environment quality requirement for construction land or no clear identification of the responsibility for remedy and restoration or no implementation of relevant measures, the national land department shall not organize the assignment in short term. Environmental protection department should actively cooperate with planning department and national land & resources department. It shall not produce written opinions to prevent land use change in case that the contaminated industrial sites proposed for development & utilization does not carry out environmental investigation and risk assessment according to relevant requirements or fails to identify the main body responsible for remedy. 3.4 Post-land-use change joint supervision. Joint supervision on the contaminated sites that have finished land use change and entered development stage mainly depends on mutual cooperation among construction department, planning department and environmental protection department. At planning and design stage, for the construction project at the original site of industrial enterprises that has finished the change of land use and obtained the Statement on Planning and Site Selection and Planning Permit for Construction Land but has not obtained the Program Review Statement, the planning department should at program review stage take environmental protection department as supporting department. For the construction project at the original venue of the industrial enterprise that has obtained program review letter but does not obtain the license for construction project plan, relevant authority should require that the construction unit provide a written suggestions of environmental protection department before granting the planning license for construction projects. At EIA stage, if contaminated sites fail to carry out their responsibility or measures for site investigation, assessment, treatment or remedy, the environmental protection department should suspend EIA review and approval of new and reform projects of that site. At construction stage, the construction department should not grant the license for construction project in case that remedy of the original site fails to pass the check and acceptance by environmental protection department. At the check and acceptance stage, the environmental protection department shall not accept the application for the check and acceptance of new construction project if off-site treatment of contaminated soil fails to pass the check and acceptance. 4 Discussions and Suggestions Ministry of Environmental Protection, Ministry of Industry and Information, Ministry of Land and Resources and Ministry of Housing and Urban-Rural Development jointly released the Circular on Ensuring Environmental Security of Redevelopment and Utilization of Industrial sites (Huanfa

9 668 Selected Proceedings of the Ninth International Conference on Waste Management and Technology No.[2012]140) in November of It presents clear requirements in areas such as investigation on contaminated sites; land-use change of contaminated sites; remedy, restoration, development and utilization of contaminated sites. However, efforts shall be made to identify focal point and ways of joint supervision of each administrative department, develop them into system with practical implementation. Only in this way can we achieve joint supervision of many departments and safeguard security of living environment. 4.1 Discussions. In local practice on joint supervision, the Circular on Strengthening Remedy and Restoration of Industrial Contaminated sites in Our City [Yubanfa No.(2008)208] released by the General Office of Chongqing Municipal Government presents clear and specific requirements for work division of relevant departments and ways of joint supervision. Government departments such as environmental protection, national land, planning, construction and economic development & information have established relatively stable joint supervision mechanism, which plays a vital role in promoting prevention and control of contaminated sites in urban areas of Chongqing. Most of other provinces and autonomous regions only identify in principle the duties of each government department in the process of redevelopment of contaminated sites. In specific implementation, there is big difference of joint supervision effects among all cities at prefecture level or even between each site. Land use of contaminated sites is an emerging field. At present, China lacks basic law and management system for environmental management of contaminated sites. The environmental supervision system for contaminated sites has not been established. The grave situation of environmental problems of contaminated sites in our country requires supervision on such land. Therefore, we could consider both short and long term solutions to existing straits. In short term, the practice of the provinces and municipalities such as Beijing, Shanghai, Chongqing and Zhejiang shows that government should dominate the process; identify the way of cooperation among different departments in each link and at the same time carry out joint supervision before going through relevant procedures for administrative review and approval. For example, the joint supervision link of planning department is the time of producing site selection proposal and review of the program, rather than review & approval of the license for planning of construction land and license for planning of construction projects, thus avoiding conflict and contradictions with existing regimes of all administrative review and approvals and effectively integrating site supervision into each review process. In the long run, multi-department joint supervision on redevelopment and utilization of industrial sites should be institutionalized and legalized. The specific duty and assignments of each government department for environmental supervision in all links of the process of redeveloping industrial contaminated sites should be included in special laws and regulations on soil (land) environment, thus achieving effective and coordinated supervision among all departments. 4.2 Recommendations. The baseline of contaminated sites in our country is far from systematic and clear, and government departments lack basic understanding of the type, amount, pollution extent, diffusion scope, control of soil pollutants as well as development & reuse of most contaminated sites. Therefore, it is difficult to present systematic and detailed inventory and archive for contaminated industrial sites of major industries across the country. Investigation data on contaminated sites is the very foundation for all follow-up risk control, remedy and restoration activities. It is also one of

10 Applied Mechanics and Materials Vol important basic data that environmental protection department could provide to other administrative departments such as national land and planning in the process of joint supervision on redevelopment of contaminated sites. The following recommendations have been put forward in order to effectively guarantee environmental security of redevelopment of industrial contaminated sites and living environment and establish multi-department supervision mechanism. Carry out investigation on contaminated sites and identify the main responsible body. With the combination of financial input and charging the main responsible body, environmental protection department should actively organize environmental investigation and risk assessment of the sites of industrial enterprises that have been relocated, are under relocation or are going to resettle in order to understand the baseline situation of soil and groundwater pollution as well as environmental quality and risks of industrial sites, identify the main responsible body and make it carrying out the responsibility for site remedy and restoration. Synthesize and share information of relevant departments. China should synthesize the information of economic development & information commission on relocation of industrial enterprises, information of national land department on land use change, information of planning department on plan and layout, information of environmental protection department on land environmental risks and establish the database and environment management information system for contaminated sites. In addition, China should establish the information sharing mechanism among industry & information, environmental protection, national land and planning departments. In doing so, government departments such as environmental protection, national land and planning as well as the main responsible body will comprehensively understand environmental quality of the industrial contaminated sites and effectively achieve joint supervision. References [1] Li Fasheng, Zhang Junli, Jiang Lin and Hu Hualong, High attention should be paid to the control of risks of redeveloping contaminated sites in new urbanization process. Environmental Protection, 2013 (July). [2] Luo Yongming. Progress, problems and outlook of the study on remedy of contaminated sites in China [J]. Environmental Monitoring Management and Technology, 2011 (03). [3] Xie Jian, Li Fasheng. Remedy and redevelopment of contaminated sites in China [J]. Environmental Protection 2012 (Z1). [4] Lin Yusuo. Soil environment safety and countermeasures for prevention & control of soil pollution [J]. Environmental Protection (01). [5] Zhang Shengtian, Lin Yusuo, Hua Xiaomei, Xu Yigang, Tian Meng and Jiang Xiliu. Problems of Management of Contaminated sites in China and Countermeasures [J]. Environmental Science and Management, 2007 (06). [6] Information on Beijing Urban Planning Ordinance. [7] Information on Circular of the General Office of Beijing Municipal People s Government on Forwarding the Detailed Rules of Beijing Municipal Bureau of State Land and Housing Management on the Implementation of the Catalogue of Allocation Land released by Ministry of Land and Resources (Jingzhengbanfa No )

11 670 Selected Proceedings of the Ninth International Conference on Waste Management and Technology [8] Information on Circular on the Release of General Principle for Planning and Design of Construction Projects in Beijing (Trial) (Shiguifa No.[2003]514). [9] Information on Regulations on the Implementation of the Law of the People s Republic of China on Land Administration. [10] Information on Measures on Land Registration. [11] Information on Law of the People s Republic of China on Urban and Rural Planning. [12] Information on Law of the People s Republic of China on Administrative License.

12 Selected Proceedings of the Ninth International Conference on Waste Management and Technology / Study on Multi-Department Joint Supervision Mechanism for Redevelopment of Industrial Contaminated Sites /