Problems of Rationing the Content of Chemical Elements and Compounds in Soils in Law-Enforcement Practice

M. V. Dabakhov, E. V. Dabakhova
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Abstract

Rationing of the content of hazardous substances in soil as an object of environmental protection in the Russian Federation is provided by a set of normative acts establishing the principles of assessment, approaches to the use of soils of varying degrees of anthropogenic transformation, and the level of their pollution at which the responsibility of the land user for violation of legislation on soil protection occurs. Analysis of normative acts shows that the most stringent pollution regulation system has been established in Russia, which is based on determining the compliance of the content of chemical elements and compounds in soils with sanitary and hygienic standards in the territories of settlements and agricultural lands. On other lands, the value of the concentration of the pollutant in the adjacent territory of a similar purpose and type of use, which is not adversely affected by a specific type of violation, is applied as a standard, exceeding which leads to the onset of economic responsibility for pollution. At the same time, chemical elements and compounds are considered as pollutants, regardless of their origin, degree of danger, and biological significance. The application of this approach within the framework of law-enforcement practice creates significant problems in establishing the fact of negative impact, calculating the amount of damage from pollution, and developing measures for soil remediation. Thus, the current regulations consider substances of natural origin, including those that ensure soil fertility and are applied with mineral and organic fertilizers, as pollutants. The use of the background level of substances as the maximum permissible value does not take into account the natural variability of elements and compounds in soils, as well as the errors of their chemical analysis. The excessive rigidity of the applicable standards is the reason for the increased costs of soil remediation measures.

The way out of this situation is to revise the rationing system, taking into account the biological significance of elements and compounds, and the need to introduce a multilevel system of soil-quality indicators. There is a need to improve the conceptual framework as a part of regulatory documents on soil protection.

执法实践中土壤中化学元素和化合物含量的配比问题
摘 要 俄罗斯联邦将土壤中有害物质的含量作为环境保护的对象,并通过一系列规范性法案对其 进行了规定,这些法案确定了评估原则、不同人为改造程度的土壤的使用方法,以及土地使 用者因违反土壤保护法律而应承担责任的污染程度。对规范性法案的分析表明,俄罗斯已经建立了最严格的污染监管制度,其基础是确定居民点和农田土壤中的化学元素和化合物含量是否符合卫生标准。在其他土地上,污染物的浓度值以邻近地区类似用途和使用类型的污染物浓度值为标准,该地区未受到特定类型违规行为的不利影响。同时,化学元素和化合物也被视为污染物,无论其来源、危险程度和生物意义如何。在执法实践框架内采用这种方法,会在确定负面影响的事实、计算污染造成的损失金额以及制定土壤修复措施方面造成重大问题。因此,现行法规将天然来源的物质视为污染物,包括那些确保土壤肥力并与矿物肥料和有机肥料一起施用的物质。使用物质的本底水平作为最大允许值,没有考虑到土壤中元素和化合物的自然变化以及化学分析的误差。摆脱这种状况的办法是修订配给制度,考虑到元素和化合物的生物学意义,以及引入多级土壤质量指标系统的必要性。作为土壤保护法规文件的一部分,有必要改进概念框架。
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