Research On The Legal System Of Contaminated Sites Management

Recent years, as deep and rapid development of industrial structure and urbanization in society, plenty of high pollution plants shuttled down or transferred. Remainder sites relocated into urban plan strategy even though the exploited sites by key pollution enterprises are severely contaminated. Contaminated sites cause lots of problems, because it’s not easily discovered, the consequence happens after longtime, and its difficulty to remedy. If measures are not taken properly, contaminated sites could threat ecologic environment and human health. The patter of contaminated sites management is very different among provinces, because the system is in its building process, however there are lots of challenges in front of us, such as lack of sufficient policies and regulation, weakness in monitoring sector, lack of sound risk management system, lack of soil environment criteria system, undefined subject of liability, and abnormity in contaminated sites remediation culture.Contaminated sites environment risk management is quite intricate, however relevant legal system is completely established yet. Essentially, contaminated sites management is one type of risk management. Risk management is concept of reasonable plan and redevelopment of contaminated sites in considering environment protection and public health as fundamental value. This concept applies wildly at international level. According to contaminated sites risk management concept, the complete remediation of contaminated sites is not the purpose of the contaminate sites management. The structure of contaminated sites risk management should consider minimization of the risk base on current economy and technique level as fundamental purpose, in order to build up reasonable, feasible, scientific contaminated sites management system. The stakeholders of contaminated sites management are very different in various ways such as position, liability, objective and interest. What’s more, attitude and expectation of stakeholders are different in terms of redevelopment. Thus construction of share mechanism among stakeholders is necessary.There are three aspects involved in contaminated sites management:assessment, remediation and redevelopment. Every aspect in those processes needs to be systematically and comprehensive structured. Such as-Precautionary principle, cost-effectiveness principle, information and public participation principle, prevention of second pollution principle etc. Those principles act like guideline in concept of environment risk management. Contaminated sites assessment includes differences between contaminated sites assessment and Environment Impact Assessment (EIA), health risk assessment and ecological risk assessment system, Contaminated sites database and priority list of contaminated sites; contaminated sites remediation system includes process of remediation, environment criteria of contaminates sites, effective monitoring by third part; redevelopment includes redevelopment procedure design, EIA, re-plan of land exploitation and permission of entrance into market during redevelopment.One of critical phases in remediation of contaminated sites is financial regime. Usually, remediation of contaminated sites needs sustainable and specialized fund. So far, Lack of sufficient fund is one of significant factors restrains development of remediation of contaminated sites. It’s necessary hereby to build up an effective financial mechanism in remediation of contaminated sites system. In terms of fundraising for remediation, specialized foundation, contaminated sites environmental insurance, contaminated sites deposit, environmental fiscal transfer payments might be feasible measures for financing remediation of contaminated sites.As financial mechanism can’t satisfy needs in remediation of contaminated sites, in order to remedy more contaminated sites, the scope of current financial mechanism should be boarded. The main patter of finical mechanism in remediation of contaminated sites is in cooperation between government and enterprise; increase economic value through land-displaced and property. Government is mainly responsible for remedying contaminated sites in China, however the finance is always a problem. Hereby, introduction of social capital and public-private partnerships in this filed become urgent and necessary. Even though not all PPP patter could apply in remediation and there are innovations need to be done, this patter could play a very important role and could be significant complement to current financial mechanism. Meanwhile, the promotion of PPP patter should comply with role of law framework, and public capital and private capital should be treated equally.The structure of environment management legal system depends on clarity definition of responsibility and liability. Base on lesson learned and best practices of 《Superfund Act》, considering Polluter-pay principle, effectiveness and equality as guideline, liability of government, enterprises and individual could be clearly defined. In aspect of subject of pursuit of liability, it shall include liability without fault, joint liability and retroactive liability. Concerning legal responsibility, civil, criminal and administrative responsibility should be defined as well.