Circular No. 30/2016/TT-BTNMT on the management, remediation, and restoration of the environment in areas with residual contaminated land

CIRCULAR

ON THE MANAGEMENT, REMEDIATION AND RESTORATION OF ENVIRONMENT IN AREAS WITH PERSISTENT POLLUTANT CONTAMINATION

Pursuant to the Environmental Protection Law on December 23,year 2014;

Pursuant to Decree No. 19/2015/NĐ-CP dated February 14, 2015 of the Government detailing certain provisions of the Environmental Protection Law;detailed implementation of certain provisions of the Labor Law regarding unemployment insurance 实施若干 provisions of the Environmental Protection Law;

BASED ON THE GOVERNMENT DECREE NO. 21/2013/NĐ-CP OF MARCH 4, 2013 ON THE FUNCTIONS, TASKS, POWERS, AND ORGANIZATIONAL STRUCTURE OF THE MINISTRY OF NATURAL RESOURCES AND ENVIRONMENT;d) Administrative and management task group: carry out tasks related to statistics, compilation, issuance of library user cards, evaluation of library activities, international cooperation in libraries; administrative, archival, personnel organization, accounting, and other internal management activities.issued by the Ministry of Natural Resources and Environment;

At the proposal of the Director of the General Department of Environment and the Head of the Legal Department;The Minister of Natural Resources and Environment issues this Circular on the management, remediation and restoration of the environment in areas with persistent pollutant contamination.

This Circular specifies detailed provisions of point a, point b, Clause 3, Article 107 of the Environmental Protection Law; Clause 3, Clause 4 of Article 13 of Decree No. 19/2015/NĐ-CP dated February 14, 2015 of the Government detailing certain provisions of the Environmental Protection Law (hereinafter referred to as Decree No. 19/2015/NĐ-CP), including:foreign e1. Criteria for classifying areas with persistent pollutant contamination.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

2. Guidelines for implementing activities to remediate and restore the environment in areas with persistent pollutant contamination.

3. Inspection and confirmation of completion of remediation and restoration of the environment in areas with persistent pollutant contamination.

This Circular applies to state management agencies, organizations, and individuals within the country and foreign organizations and individuals (hereinafter referred to as organizations and individuals) involved in activities related to the remediation and restoration of the environment in areas with persistent pollutant contamination.

1. Persistent pollutants are chemicals with stable properties in the natural environment listed in Appendix 1 attached hereto that exceed environmental technical standards.

Article 2. Applicability

2. Persistent pollution sources are places where persistent pollutants are generated or stored with the potential to spread into the surrounding environment.

Article 3. Explanation of Terms

3. Pollution spread capacity is the ability of persistent pollutants to disperse into the environment.

4. Affected objects are entities impacted by areas with persistent pollutant contamination, including: humans, the environment, and ecosystems.

5. Areas with persistent pollutant contamination (hereinafter referred to as contaminated areas) are areas found to have one or more persistent pollutants exceeding environmental technical standards, adversely affecting humans, the environment, and ecosystems.

6. Contaminated area map is a map showing the extent, degree of pollution, and pathways of each persistent pollutant and affected objects.

7. Contaminated area control is the application of long-term measures and technical solutions to control and prevent the impact of persistent pollution sources on affected objects.

8. Remediation plan for contaminated areas (hereinafter referred to as the pollution remediation plan) includes technical and technological solutions to reduce or eliminate persistent pollutants from the environment and improve the quality of the environment in contaminated areas.

CLASSIFICATION, REMEDIATION AND RESTORATION OF ENVIRONMENT IN AREAS WITH PERSISTENT POLLUTANT CONTAMINATION

Section 1. CLASSIFICATION OF AREAS WITH PERSISTENT POLLUTANT CONTAMINATION

Chapter II

Article 4. Principles and criteria for classifying contaminated areas

1. Contaminated areas are classified based on risk levels according to the following criteria: persistent pollution sources, pollution spread capacity, and affected objects.

2. These criteria are evaluated through weighted scores. The method for determining weighted scores is specified in Appendix 4 attached hereto.

3. The determination of the risk level of contaminated areas is based on the total weighted score of the criteria.

2. The criteria are evaluated through weighted points. The method for determining the weighted points is specified in Appendix 4 issued together with this Circular.

3. The level of risk of the contaminated area is determined based on the total weighted points of the criteria.

Article 5. Classification of Polluted Areas

Polluted areas are classified into three risk levels:

1. Low risk level is an area with a total weighted score of criteria under 40 points.

2. Medium risk level is an area with a total weighted score of criteria from 40 to 60 points.

3. High risk level is an area with a total weighted score of criteria over 60 points.

Section 2. INVESTIGATION AND ASSESSMENT OF CONTAMINATED LAND AREAS

Article 6. Preliminary Investigation and Assessment of Potentially Contaminated Areas

1. The preliminary investigation and assessment aim to determine whether there are contaminants exceeding environmental technical standards in the area.

2. The preliminary investigation and assessment include the following contents:

a) Compilation and review of relevant documents related to potentially contaminated areas;

b) On-site survey of potentially contaminated areas;

c) Sampling and analysis to identify residual contaminants, sources of residual contamination, and a preliminary assessment of the degree of contamination;

d) Preparing a report on the results of the preliminary investigation and assessment.

3. The procedure for preliminary investigation and assessment of potentially contaminated areas is specified in Appendix 2 attached hereto.

4. Provincial People's Committees (hereinafter referred to as Provincial People's Committee) shall be responsible for organizing the preliminary investigation and assessment of potentially contaminated areas within their jurisdiction. Based on the results of the preliminary investigation and assessment, they shall carry out the following activities:

a) In case no contaminants exceeding environmental technical standards are detected, information about the uncontaminated area shall be published;

b) In case contaminants exceeding environmental technical standards are detected, detailed investigation and assessment shall be conducted according to the provisions of Article 7 of this Circular;

c) In case the contaminated area falls within the jurisdiction of two or more provinces (hereinafter referred to as inter-provincial), a report shall be submitted to the Ministry of Natural Resources and Environment.

5. Funding for the preliminary investigation and assessment shall be allocated from the environmental public service budget.

Article 7. Detailed Investigation and Assessment of Contaminated Areas 1. The detailed investigation and assessment of contaminated areas aims to clearly identify residual contaminants; sources of residual contamination; the extent, scale, and scope of contamination; the potential for spread; affected entities; and responsibility for remediation and restoration of the environment.

2. The detailed investigation and assessment includes the following contents:

a) Preparation of a detailed plan for on-site surveys;

b) Detailed investigation, survey, and sampling at the site; conducting analysis and evaluation to determine residual contaminants, the degree of contamination, the scale and scope of contamination, and the pathway of contamination spread;

c) Creating a map of the contaminated area (residual contaminants, degree of contamination, scope of contamination, pathway of contamination spread);

d) Preparing a report on the results of the detailed investigation and assessment of the contaminated area.

3. The procedure for detailed investigation and assessment of contaminated areas is specified in Appendix 3 attached hereto.

4. The results of the detailed investigation and assessment serve as the basis for determining the responsibility for remediation and restoration of the contaminated area.

5. The results of the detailed investigation and assessment serve as the basis for classifying the risk level of the contaminated area according to the provisions of Article 5 of this Circular.

6. Funding for the detailed investigation and assessment shall be allocated from the environmental public service budget.

6. The budget for conducting detailed investigations and assessments is allocated from the environmental public service fund.

Mục 3. MANAGEMENT, REMEDIATION AND RESTORATION OF THE ENVIRONMENT; INSPECTION AND VERIFICATION OF COMPLETION OF REMEDIATION AND RESTORATION IN AREAS WITH PERSISTENT POLLUTION

Article 8. Principles for management, remediation and restoration of the environment in polluted areas

1. For areas with low risk levels of pollution, projects for environmental remediation and restoration shall be established according to the pollution control plan for polluted areas (hereinafter referred to as the pollution control project) as stipulated in Article 9 of this Circular.

2. For areas with medium and high risk levels of pollution, projects for pollution treatment shall be established according to the pollution treatment, remediation and restoration plan (hereinafter referred to as the pollution treatment plan) as stipulated in Article 10 of this Circular.

3. Priority shall be given to treating pollution in areas with high risk levels.

4. Priority shall be given to selecting advanced technologies, environmentally friendly technologies, and low-cost treatment methods.

5. The establishment of the pollution treatment plan must be consistent with the land use planning approved by the competent authority.

Article 9. Control of Polluted Areas

1. The contents of controlling polluted areas include:

a) Public announcement, warning, and maintaining warnings about polluted areas;

b) Isolating and quarantining to prevent pollutants from spreading to surrounding environments;

c) Communicating and raising awareness among related organizations, individuals, and communities living around polluted areas;

d) Regular monitoring and measuring environmental quality in polluted areas and surrounding environments; publishing information on environmental quality.

2. Responsibilities for establishing, approving, and implementing pollution control projects:

a) The General Department of Environment is responsible for establishing and submitting pollution control projects for inter-provincial polluted areas to the Ministry of Natural Resources and Environment for approval, and assigning People's Committees of provinces with relevant polluted areas to organize implementation;

b) Provincial Departments of Natural Resources and Environment are responsible for establishing and submitting pollution control projects within their jurisdiction to the provincial People's Committee for approval and organization of implementation.

3. Funding for establishing, approving, and implementing pollution control projects shall be allocated from the environmental public expenditure budget.

Article 10. Establishment of Pollution Treatment Plans

1. Responsibilities for establishing pollution treatment plans:

a) The General Department of Environment establishes pollution treatment plans for inter-provincial polluted areas as stipulated in Clause 1, Article 13 of Decree No. 19/2015/ND-CP, to be submitted to the Ministry of Natural Resources and Environment for review and approval;

b) Provincial People's Committees establish pollution treatment plans for polluted areas within their jurisdiction as stipulated in Clause 1, Article 13 of Decree No. 19/2015/ND-CP, to be submitted to the Ministry of Natural Resources and Environment for review and approval;

c) Organizations and individuals who need to use land in polluted areas as stipulated in Clause 3, Article 13 of Decree No. 19/2015/ND-CP establish pollution treatment plans to be submitted to the provincial People's Committee for review and approval.

2. Main contents of the pollution treatment plan include:

a) General information about polluted areas;

b) Results of investigations and assessments of the risk levels of polluted areas;

c) Selection of on-site treatment or transportation to designated treatment sites as prescribed;

d) Technical and technological measures to reduce or eliminate persistent pollutants in polluted areas;

đ) Monitoring and control during and after treatment;

e) Implementation schedule and plan for the pollution treatment plan.

Detailed contents of the pollution treatment plan are specified in Appendix 6 issued together with this Circular.

3. Organizations and individuals must re-establish the pollution treatment plan in the following cases:

a) Changes in land use planning at the time of implementing the pollution treatment plan;

b) Changes in scale, method, technical and technological measures compared to the approved pollution treatment plan.

4. Organizations and individuals as stipulated in Clause 1 of this Article must seek opinions from affected communities and obtain their consent regarding the pollution treatment plan.

5. Funding for establishing pollution treatment plans by agencies as stipulated in point a and point b, Clause 1 of this Article shall be allocated from the environmental public expenditure budget. Funding for establishing pollution treatment plans by organizations and individuals as stipulated in point c, Clause 1 of this Article shall be borne by the organizations and individuals themselves.

Article 11. Review and Approval of Pollution Control Plans

1. The agencies, organizations, and individuals specified in Clause 1, Article 10 of this Circular submit the application dossier for review and approval of pollution control plans to the competent authority responsible for such review and approval.

2. The application dossier for review includes:

a) A request for review according to the form prescribed in Appendix 5 attached to this Circular;

b) Seven (7) reports on pollution control plans according to the form prescribed in Appendix 6 attached to this Circular;

c) Minutes summarizing the opinions of the affected community.

3. The competent authority responsible for reviewing and approving pollution control plans as stipulated in Clause 1, Article 10 of this Circular shall establish a Review Board for Pollution Control Plans. The review period shall not exceed forty-five (45) working days from the date of receipt of complete and valid dossiers.

4. The review content includes: the accuracy of investigation results, delineation, determination of the scope and extent of pollution; the appropriateness of methods, techniques, and technologies selected to reduce or eliminate pollutants remaining in the polluted area.

5. Agencies, organizations, and individuals shall revise and finalize their pollution control plans based on the notification of the Review Board's results and resubmit them to the competent authority for approval.

6. Within fifteen (15) working days from the date of receipt of the application dossier for approval, the competent authority shall issue a decision to approve according to the form prescribed in Appendix 7 attached to this Circular. In case of non-approval, the competent authority shall return the dossier and specify the reasons.

7. The cost of reviewing pollution control plans shall be allocated from the environmental service expenditure budget of the reviewing and approving authority.

Article 12. Activities of the Review Board for Pollution Control Plans

1. The Review Board is established to review each pollution control plan.

2. The Review Board is responsible for advising the competent authority on the review and approval of pollution control plans; it is accountable under the law and to the competent authority regarding the review results.

3. The Review Board operates based on the principle of open discussion.

4. The review results are expressed in one of the following three cases:

a) Approved: when all members of the Review Board have evaluation forms agreeing to approve without any need for revision or supplementation;

b) Approved with conditions requiring revision or supplementation: when at least two-thirds (2/3) of the Review Board members have evaluation forms agreeing to approve or approve with conditions requiring revision or supplementation, including the Chairman or Deputy Chairman authorized in the absence of the Chairman;

c) Not approved: when more than one-third (1/3) of the Review Board members have evaluation forms disagreeing to approve or the Chairman or Deputy Chairman authorized in the absence of the Chairman has an evaluation form disagreeing to approve.

5. Conditions for convening the Review Board:

a) At least two-thirds (2/3) of the Review Board members must participate (present at the meeting or participate via online meeting) as decided upon establishment. The Review Board cannot convene if the Chairman or Deputy Chairman (authorized in the absence of the Chairman) is absent.

b) Participation of representatives of the legal entity or individual or authorized person.

6. Responsibilities of Review Board Members:

a) Study pollution control plans and related files and documents provided by the organizing agency;

b) Participate in Review Board meetings and investigative and survey activities organized during the review process (if applicable);

c) Submit written comments to the reviewing agency at least one (1) working day before the formal Review Board meeting; present comments at the formal Review Board meeting;

d) Fill out evaluation forms;

đ) Manage provided documents according to the law and return these documents when requested by the reviewing agency after completing tasks;

e) Be accountable to the reviewing and approving agency and under the law for comments, evaluations made, and assigned work contents during the review process.

7. Powers of Review Board Members:

a) Request the reviewing agency to provide related documents for study and evaluation;

b) Propose to the reviewing agency to organize specialized meetings and other activities to directly serve the review;

c) Attend Review Board meetings and other activities to serve the review;

d) Directly exchange views with organizations and individuals at Review Board meetings; reserve opinions in cases where they differ from the Review Board's conclusions;

đ) Receive remuneration according to current regulations when performing tasks; reimbursement for travel, food, accommodation, and other expenses according to the law when participating in Review Board activities.

8. The Chairman of the Board has responsibilities and powers as stipulated in Clauses 6 and 7 of this Article and has the following responsibilities and powers:

a) Chair Review Board meetings;

b) Handle opinions raised in Review Board meetings and conclude Review Board meetings;

c) Sign the minutes of the meeting and be accountable to the reviewing and approving agency for conclusions made in the meeting according to the responsibilities and powers delegated;

d) The Deputy Chairman has responsibilities and powers as stipulated in Clauses 6 and 7 of this Article and has the responsibilities and powers of the Chairman in cases authorized by the Chairman.

Article 13. Implementation of Pollution Control Plans

1. A pollution control plan that has been approved shall serve as the basis for establishing and implementing pollution control projects in polluted areas in accordance with the provisions of the law.

2. Organizations and individuals specified in Clause 1 of Article 10 of this Circular shall be responsible for mobilizing, seeking sources of funding, and selecting organizations with sufficient capacity to establish and implement pollution control projects in polluted areas according to the approved pollution control plan.

Article 14. Inspection and Confirmation of Completion of Remediation and Environmental Restoration

1. Responsibilities for inspection and confirmation of completion of remediation and environmental restoration:

a) The People's Committee of the province shall inspect and confirm the completion of remediation and environmental restoration in polluted areas under its management.

b) The Ministry of Natural Resources and Environment shall inspect and confirm the completion of remediation and environmental restoration in inter-provincial polluted areas.

2. After completing remediation and environmental restoration, organizations and individuals assigned to implement pollution control projects shall be responsible for taking samples or contracting with three units capable of taking and analyzing samples in accordance with environmental technical standards and the approved pollution control plan; organizing community opinions on the completion of remediation and environmental restoration; preparing files to request the agency specified in Clause 1 of this Article to inspect and confirm the completion of remediation and environmental restoration.

3. The file requesting inspection and confirmation of completion of remediation and environmental restoration includes:

a) One (1) document requesting confirmation of the completion of remediation and environmental restoration in polluted areas according to the model attached as Appendix 8 to this Circular;

b) Three (3) reports on the completion of remediation and environmental restoration in polluted areas according to the model prescribed in Appendix 9 attached to this Circular;

c) Minutes summarizing the opinions of the affected community regarding the completion of remediation and environmental restoration in polluted areas.

4. Content and procedures for inspection and confirmation of completion of remediation and environmental restoration:

a) Reviewing the contents of the report on the completion of remediation and environmental restoration in polluted areas as stipulated in Appendix 9 attached to this Circular;

b) Selecting units with sufficient capacity to take and analyze samples in accordance with the law;

c) Organizing an inspection team to evaluate the actual situation (including representatives from the People's Committee of the commune, ward, town where the remediation and environmental restoration is being carried out).

5. The agency specified in Clause 1 of this Article shall conduct the inspection and confirmation of completion of remediation and environmental restoration as stipulated in Clause 4 of this Article to consider issuing a decision approving the completion of remediation and environmental restoration in polluted areas according to the model attached as Appendix 10 to this Circular.

In cases where necessary, an advisory council may be established to examine the confirmation and completion of remediation and environmental restoration.

6. The costs for inspection and confirmation of completion of remediation and environmental restoration shall be allocated from the environmental public service budget.

Chapter III

RESPONSIBILITY AND IMPLEMENTATION PROVISIONS

Article 15. Responsibilities of the General Department of Environment

1. To compile, establish, and publish a list of polluted areas; prepare files and build, update, and operate an information system and database on polluted areas nationwide.

2. To develop and issue technical guidelines for remediation and environmental restoration for each type of polluted area.

Article 16. Responsibilities of Provincial People's Committees

1. To investigate, assess, compile, establish, and publish a list of polluted areas within their jurisdiction; prepare files on polluted areas within their jurisdiction.

2. To update information on polluted areas into the information system and database of polluted areas of the General Department of Environment.

3. To report the results of remediation and restoration of polluted areas in the province to the Ministry of Natural Resources and Environment before March 31 each year.

Article 17. Effective Date

This Circular takes effect from December 1, 2016.

Article 18. Responsibility for Implementation

1. Provincial People's Committees, the General Department of Environment, provincial Departments of Natural Resources and Environment, and related organizations and individuals are responsible for implementing this Circular.

2. The Director of the General Department of Environment shall be responsible for guiding, inspecting, monitoring, and urging the implementation of this Circular.

3. During the implementation of this Circular, if difficulties or obstacles arise, relevant ministries, sectors, localities, organizations, and individuals shall promptly reflect them to the Ministry of Natural Resources and Environment for research and appropriate amendments and supplements./.