Ministry of Environmental Protection, Opinion on Strengthening the Prevention and Treatment of Soil Pollution

Issued: June 6 2008

Main Contents: Polluted soil or underground water shall be restored and treated by the work unit or individual that caused the pollution. Where there is a change in the work unit that caused the pollution as a result of restructuring, or merger or division, its responsibility for restoration and treatment shall be borne, in accordance with the law, by the work unit that assumes its claims and debts subsequent to the change. Where the parties have another agreement prior to the change, such agreement shall prevail, however the parties shall not be exempted from the liability for pollution prevention and treatment.

Where the business of the work unit that caused the pollution has been terminated, or it is truly impossible to determine the work unit or individual that caused the pollution due to historical and other reasons, the relevant people's government shall be responsible for the restoration and treatment of the polluted soil or underground water in accordance with the law. Where the leasehold that the work unit is entitled to is assigned in accordance with the law, the assignee of the leasehold shall be responsible for restoration and treatment. Where the parties have another agreement prior to the change, such agreement shall prevail, however the parties shall not be exempted from the liability for pollution prevention and treatment (Article 8).