Thông tư 30/2016/TT-BTNMT về quản lý, cải tạo và phục hồi môi trường khu vực đất bị ô nhiễm tồn lưu do Bộ trưởng Bộ Tài nguyên và Môi trường ban hành

CIRCULAR

ON MANAGEMENT, IMPROVEMENT AND REMEDIATION OF RESIDUE-CONTAMINATED SITES

Pursuant to the Law on Environment protection dated June 23, 2014;

Pursuant to the Government’s Decree No.19/2015/ND-CP detailing a number of Articles of the Law on Environmental protection dated February 14, 2015;

Pursuant to the Government’s Decree No.21/2013/ND-CP dated March 04, 2013 on functions, rights and responsibilities and organizational structures of the Ministry of Natural Resources and Environment;

At request of the Director General of the Vietnam Environment Administration and Director of Departments of Legal Affairs

The Minister of Natural Resources and Environment hereby issues this Circular on management, improvement and remediation of the environment which is contaminated by residual contamination.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular details point a, point b, clause 3 Article 107 of the Law on Environmental Protection, clauses 3 and 4 Article 13 of the Government’s Decree No.19/2015/ND-CP dated February 14, 2015 detailing a number of Articles of the Law on Environmental Protection (hereinafter referred to as “Decree No.19/2015/ND-CP ) concerning:

1. Criteria for classification of land contaminated with residual contaminants (hereinafter referred to as “contaminated site”).

2. Instructions on environment remediation at contaminated sites.

3. Inspection and verification of accomplishment of environmental remediation of contaminated sites.

Article 2. Subjects of application

This Circular applies to State regulatory authorities, domestic and overseas entities participating in environment remediation of contaminated sites.

Article 3. Interpretation

1. Residual contaminant refers to chemicals which are persistent in the natural environment and are presented in the Annex 1 attached hereto; and their content exceeds the limits prescribed in environmental technical regulations.

2. Source of residual contamination refers to a place where a residual contaminant is generated or spreads into the surrounding environment.

3. Possibility of spread of residual contamination refers to the residual contaminant’s ability to spread into surrounding environment.

4. Affected subject refers to those that are affected by contaminated sites including human beings, environment and ecosystems.

5. Contaminated site refers to a place where the content of one or more residual contaminants exceeds the limits prescribed by the environmental technical regulations that affect human health, environment and ecosystem.

6. Layout plan of contaminated sites refers to a map that presents the extent, seriousness of contamination, spreading routes of each specific contaminant and its impacts on affected subjects

7. Control contaminated sites refers to the application of long-term technical solutions to control and prevent impacts of sources of residual contamination on affected subjects.

8. Environmental remediation measure refers to technical solutions applied to mitigate and remove residual contaminants remaining in the environment and remediate the contaminated site.

Chapter II

CLASSIFICATION AND REMEDIATION OF CONTAMINATED SITE

Section 1. Criteria for classification of contaminated site

Article 4. Principles and criteria for classification of contaminated siteS

1. Contaminated sites shall be classified by level of risks according to the following indicators: sources of residual contamination, possibility of spread of contamination and affected subjects.

2. These above-mentioned indicators shall be evaluated by weighted point method. The method for determination of weighted points is presented in Annex 4 attached hereto.

3. The level of risk of a contaminated site shall be determined according to the total weighted point.

Article 5. Classification of contaminated sites

Contaminated sites shall be classified according to 03 levels of risk as follows:

1. Low: if the total weighted point is less than 40.

2. Medium: if the total weighted point varies from 40 to not exceeding 60.

3. High: if the total weighted point exceeds 60.

Section 2.INVESTIGATION AND ASSESSEMENT OF CONTAMINTED SITES

Article 6. Preliminary investigation and assessment of potentially-contaminated sites

1. A preliminary investigation and assessment is carried out to determine whether or not a site contains residual contaminants whose content exceeds the limit prescribed by the environmental technical regulations.

2. For the purposes of preliminary investigation and assessment, the organization in- charge shall:

a) Aggregate and review documents regarding potentially-contaminated sites;

b) Carry out site surveys on potentially-contaminated sites;

c) Collect and analyze samples to determine residual contaminants, sources of residual contamination and make preliminary assessment on the seriousness of contamination;

d) Make out preliminary investigation and assessment reports.

3. The procedure for preliminary investigation and assessment of potentially-contaminated sites is specified in Annex 2 attached hereto.

4. Every people’s Committee of provinces and direct-controlled municipalities (hereinafter referred to as “province”) shall take charge of preliminary investigation and assessment of potentially-contaminated sites within the province According to preliminary investigation and assessment results, the people’s Committee of the province shall:

a) Publish information on non-contaminated sites where no residual contaminant whose content exceeds the content limits prescribed in the environmental technical regulation is found;

b) Conduct detailed investigation and assessment as prescribed in Article 7 hereof where any residual contaminant whose content exceeds the limits prescribed in the environmental technical regulation is found;

c) Submit a report to the Ministry of Natural Resources and Environment where the contaminated site stretches across 02 or more provinces.

5. The preliminary investigation and assessment is funded from the environmental protection budget.

Article 7. Detailed investigation and assessment

1. A detailed investigation and assessment shall be carried out for the purpose of identifying residual contaminants, sources of residual contamination, the extent and seriousness of contamination, possibilities of the spread of contamination and affected subjects, and defining responsibilities for remediating the environment.

2. For the purpose of detailed investigation and assessment, the organization in charge shall:

a) Prepare detailed site survey plan;

b) Conduct site investigation, surveys and sampling; analysis and determination of residual contaminants, seriousness of contamination, and extent of contamination and means of spread of contamination;

c) Prepare maps of contaminated sites which present contaminants, the seriousness of contamination, extent of contamination and routes for spread of contamination;

d) Prepare detailed investigation and assessment reports.

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

4. The detailed investigation and assessment result is considered as the basis for defining responsibilities for environmental remediation of contaminated sites.

5. The detailed investigation and assessment result is applied to classify the level of risk of contaminated sites as stipulated in Article 5 hereof.

6. The detailed investigation and assessment is funded from the environmental protection budget.

Section 3. ENVIRONMENTAL MANAGEMENT AND REMEDIATION; INSPECTION AND VERTIFICATION OF COMPLETION OF ENVIRONMENTAL REMEDIATION OF CONTAMINATED SITES

Article 8. Principles of management and remediation of contaminated sites

1. For low-level contaminated sites, the environmental remediation plans shall be made according to contamination control measures (hereinafter referred to as “contaminated site control project”) as stipulated in Article 9 hereof.

2. For medium and high-level contaminated sites, decontamination plans shall be made according to environmental remediation measures (hereinafter referred to as “decontamination plan”) as stipulated in Article 10 hereof.

3. High-level contaminated sites shall be prioritized to decontaminate.

4. Advanced, environmentally-friendly and competitive-pricing technologies should be applied.

5. Decontamination plans shall be made in conformity with the land-use planning approved by the competent authority.

Article 9. Contaminated site control projects

1. Contamination control includes:

a) Give and reiterate announcements, warnings of contaminated sites;

b) Zone and isolate contaminated sites to prevent the spread of contamination;

c) Disseminate information and raise awareness or relevant entities and residents in the vicinity of residual contamination;

d) Periodically monitor the environment at contaminated sites and their vicinity areas; make information on environmental quality publicly available.

2. Responsibilities for preparation, approval and execution of contaminated site control projects:

a) The Vietnam Environment Administration shall prepare and submit the inter-provincial contaminated site control project to the Ministry of Natural Resources and Environment for approval and request the People’s Committees of provinces where the contaminated site is located to execute the project.

b) Every Department of Natural Resources and Environment shall submit contaminated site control projects within their administration to the People’s committee of the province for approval and shall execute the approved project.

3. Preparation, approval and execution of contaminated site control project shall be funded with the environmental protection budget.

Article 10. Preparation of decontamination plans

1. Responsibilities for preparation of decontamination plans:

a) The Vietnam Environmental Administration shall draw up and submit decontamination plans for inter-provincial contaminated sites stipulated in clause 1 Article 13 of the Decree No.19/2015/ND-CP to the Ministry of Natural Resources and Environment for approval.

b) The People’s Committees of provinces shall draw up and submit decontamination plans for contaminated sites within their administration as stipulated in clause 1 Article 13 of the Decree No.19/2015/ND-CP to the Ministry of Natural Resources and Environment for approval;

c) Any entity having demand for land in contaminated sites as prescribed in clause 3 Article 13 of the Decree No. 19/2015/ND-CP shall submit a decontamination plan to the People’s Committee of the province for approval.

2. The decontamination plan shall include the following main contents:

a) General information on the contaminated site;

b) Results of investigation and assessment of the level of risk of the contaminated site;

c) Decontamination methods (whether on-site decontamination or off-site decontamination by transporting contaminants to a designated decontamination facility);

d) Decontamination techniques and technology solutions for mitigation or removal of residual contaminants from the contaminated site;

dd) Control and supervision during and after decontamination;

e) Decontamination itineraries and schedule.

Refer to Annex 6 attached hereto for detailed decontamination plan.

3. It is required to revise the decontamination plan if:

a) any change in land use planning is made at the time of implementation of the decontamination plan; or

b) any change in decontamination scale, techniques, methods or applicable technologies is made.

4. Entities prescribed in clause 1 of this Article shall conduct a poll for affected residents’ opinions and shall obtain those residents’ consent to the decontamination plan.

5. Preparation of decontamination plans by entities prescribed in point a and b clause 1 of this Article shall be funded with the environmental protection budget. Entities prescribed in point c clause 1 of this Article shall pay all expenses for preparation of their decontamination plans.

Article 11. Assessment and approval of decontamination plans

1. Every entity in clause 1 Article 10 hereof shall submit an application for assessment and approval for the decontamination plan to the competent authority.

2. The application shall include:

a) An application form made using form in Annex 5 hereto.

b) 07 decontamination reports made using Annex 06 attached hereto;

c) A consolidated record of affected residents’ opinions.

3. The competent authority that has the power to assess and approve the decontamination plan as prescribed in clause 1 Article 10 hereof shall set up a Board of Assessment. The assessment of a decontamination plan shall not exceed 45 working days from the date of receipt of the valid and complete application.

4. The assessment shall focus on the accuracy of results of investigation, zoning, extent and seriousness of contamination; compatibilities of techniques, methods and technological solutions for mitigating or removing residual contaminants from the selected contaminated site.

5. The applicant shall revise and complete their decontamination plan according to the announcement of the Board of Assessment and submit the revised plan to the competent authority for approval.

6. Within 15 working days from the date of receipt of an application for approval, the competent authority shall consider issuing a decision on approval using Annex 7 attached hereto. In case of rejection, the competent authority shall return the application to the applicant and specify reasons for rejection.

7. The competent authority shall be funded for assessment of decontamination plans from the environmental protection budget.

Article 12. Regulations on operation of Boards of Assessment

1. A Board of Assessment shall be set up to assess each decontamination plan.

2. Boards of Assessment shall give advices to the competent authority that has the power to assess and approve decontamination plans; and shall legally take responsibilities for assessment results towards the competent authority.

3. Boards of Assessment shall stick to the principle under which the assessment shall be discussed publicly.

4. The assessment conclusion may be:

a) Approved: a decontamination plan is approved if all members of the Board of Assessment, by unanimous vote, have voted in favor of the decontamination plan. No adjustment or supplement is deemed necessary.

b) Approved but adjustment or supplementation is required: if at least 2/3 members of the Board of Assessment voted for the decontamination plan or voted for with the proviso that adjustments or supplement must be made, including a vote for or vote with the proviso that adjustments or supplement must be made from the Chairman or authorized Deputy Chairman of the Board of Assessment;

c) Rejected: if more than 1/3 members of the Board of Assessment opposed to the decontamination plan from or it is against by the Chairman or authorized Deputy Chairman of the Board of Assessment

5. Requirements for Board of Assessment meetings

The meeting of the Board of Assessment shall take place if:

a) At least 2/3 members of a Board of Assessment stipulated in the Establishment Decision are present at the meeting or attend the meeting electrically A meeting of a Board of Assessment must not be convened in the absence of the Chairman or authorized Deputy Chairman (where the Chairman is absent).

b) Legal representatives of organizations, individuals or authorized person shall be in attendance.

6. Responsibilities of members of Boards of Assessment

Every Board of Assessment shall:

a) Study decontamination plans and relevant documents provided by the assessing authority;

b) Participate in meetings of the Board of Assessment, investigation and surveys (if any) conducted during the assessment;

c) Submit comments on the decontamination plan to the assessing authority at least 01 day ahead of the official meeting of the Board of Assessment; and present such comments at the official meeting;

d) Fill in assessment sheets;

dd) Keep provided documents and files in accordance with regulations of laws and submit them upon request of the assessing authority after the assessment is completed;

e) Take responsibilities for assessment, comments and assigned tasks towards laws and the assessing authority.

7. Rights of members of Board of Assessment

Every member has the power to:

a) request the assessing authority to provide documents in relation to applications for assessment;

b) Suggest the assessing authority to hold meetings, seminars and other activities for the purposes of assessment;

c) Attend meetings of the Board of Assessment and participate in other activities for assessment;

d) Directly communicate their ideas at meetings of the Board of Assessment and stick to their idea in case it conflicts with the conclusion of the Board of Assessment.

dd) Receive wages or salaries under current regulations of laws during the assessment; receive reimbursement for out-of-pocket expenses (such as expenses for travelling, meals, accommodations, and others) under regulations of laws if they participate in activities conducted by the Board of Assessment.

8. Every Chairman of Boards of Assessment shall have rights and take on responsibilities prescribed in clauses 6 and 7 of this Article and shall:

a) Preside over meetings of the Board of Assessment;

b) Clarify opinions raised in the meetings of the Board of Assessment and make conclusions by the end of each meeting of the Board of Assessment;

c) Sign meeting minutes and take responsibilities for conclusions made at meetings towards assessing authorities within the assigned rights and responsibilities;

d) Deputy chairman of the Board of Assessment shall have rights and take on responsibilities as prescribed in clauses 6 and 7 of this Article and shall undertake rights and responsibilities of the chairman if (s)he is authorized.

Article 13. Implementation of decontamination plans

1. The approved decontamination plan will lay a foundation for preparation and implementation of decontamination projects under regulation of laws.

2. Entities specified in clause 1 Article 10 hereof shall arrange capital, select qualified organization to draw up and implement decontamination projects according to the approved decontamination plan.

Article 14. Inspection and verification of completion of environmental remediation

1. Responsibilities for inspection and verification of completion of environmental remediation:

a) People’s Committees of provinces shall inspect and verify the completion of environmental remediation in contaminated sites within the administration;

b) The Ministry of Natural Resources and Environment shall inspect and verify the completion of environmental remediation of inter-provincial contaminated sites.

2. After completion of environmental remediation, the entity that carried out the decontamination project shall sample or hire 03 sampling agencies to take and analyze samples, compare samples with the environmental technical regulation and approved decontamination plan; hold a referendum for affected residents’ opinions; submit an application for inspection and verification of environmental remediation to the competent authority prescribed in clause 1 of this Article.

3. The application for inspection and verification of completion of environmental remediation includes:

a) An application form made using Annex 8 attached hereto;

b) 03 environmental remediation reports made using the form in Annex 9 attached hereto;

c) A consolidated record that presents residents’ opinions of environmental remediation of the contaminated site.

4. The procedure for inspection and verification of completion of environmental remediation is as follows:

a) Study the environmental remediation report made using the form in Annex 9 attached hereto;

b) Select qualified sampling agencies to collect and analyze samples under regulations of laws;

c) Set up an inspectorate to conduct inspection and assessment with the participation of the representatives of the People’s Committees of communes where environmental remediation takes place.

5. The authority stipulated in clause 1 of this Article shall conduct inspection and verification of completion of environmental remediation of the contaminated site according to Annex 10 attached hereto.

A Consulting Board may be set up to examine the verification of completion of environmental remediation, where necessary.

6. Costs of inspection and certification of environmental remediation shall be funded from the environmental protection budget.

Chapter III

RESPONSIBILITIES AND IMPLEMENTATION

Article 15. Responsibilities of Vietnam Environment Administration

The Vietnam Environment Administration shall:

1. Aggregate, make out and publish the list of contaminated sites; record, create, update and operate national contaminated site data systems

2. Compile and introduce technical guidance on environmental remediation of contaminated sites.

Article 16. Responsibilities of People's Committees of provinces

Every People’s Committee of the province shall:

1. Investigate, evaluate, aggregate, make out and publish a list of contaminated site within the province.

2. Input information on contaminated sites into information systems and contaminated site data system of the Vietnam Environment Administration.

3. Submit a report on achievements in environmental remediation of contaminated sites within the province to the Ministry of Natural Resources and Environment by March 31^st of every year.

Article 17. Entry into force

This Circular enters into force from December 01, 2016.

Article 18. Implementation

1. People’s Committees of provinces, Vietnam Environment Administration, Departments of Natural Resources and Environment of provinces and relevant entities shall be responsible for the implementation of this Circular.

2. The Director General of the Vietnam Environment Administration shall give directives, inspect, supervise and expedite the implementation of this Circular.

3. Any issue arising in connection to implementation of this Circular should be promptly reported to the Ministry of Natural Resources and Environment. /.

ANNEX 1

LIST OF RESIDUAL CONTAMINANTS AND ITS TOXICITY
(Issued together with the Circular No.30/2016/TT-BTNMT dated October 12, 2016 by the Minister of Natural Resources and Environment)

ANNEX 2

GUIDANCE ON PRELIMINATY INVESTIGATION AND ASSESSMENT OF POTENTIALLY CONTAMINATED SITES
(Issued together the Circular No.30/2016/TT-BTNMT dated October 12, 2016 by the Minister of Natural Resources and Environment)

The preliminary investigation and assessment of a potentially contaminated site shall be carried out as follows:

1. Review of the potentially contaminated site-related documents

a) Sources of information

- Owners and occupiers of the potentially contaminated site now and then;

- Internet, press and other means of mass media;

- Stored documents;

- Reports concerning the potentially contaminated site.

b) Required information

- General information:

+ Potentially contaminated site address, geographical location; altitude, boundaries...;

+ Topography, geology, hydrology;

+ Climate;

+Land use in the potentially contaminated site;

- Overall socio-ceconomicdevelopment activities that have been taking place in the potentially contaminated site;

- Potentially contaminated site history:

+Potentially contaminated site owner(s);

+ Operation duration;

- Layout plan (topographic map, land-use map, socio-economic development planning, etc.);

- Information on location of potential sources of contamination (landfills...).

2. Preliminary site survey

a) Interview parties involving in the potentially contaminated site to gather related information and verify document review results. Interviews shall target at owners, managers, people who used to work at this potentially contaminated site, residents in the vicinity, experienced researchers who have conducted studies on this site for a long period of time.

b) Conduct a quick survey by:

- Interviewing related parties at the potentially contaminated site to verify and supplement gathered information;

- Preliminarily identifying potential sources of contamination;

- Preliminarily identifying contamination spreading routes such as air, surface water, underground water, physical contact with contaminants, residual contaminants in ecosystems, food chains and human;

- Preliminary identifying affected subjects such as human beings, animals (livestock, cattle) fishes and aquatic flora and fauna and ecosystems.

c) Take pictures of the potentially contaminated site for report preparation.

d) Incorporate collected information into the layout plan.

3. Collection and analysis of representative samples for determination of contaminants, sources of contamination and preliminary determination of seriousness of contamination

- Take representative samples from at least 05 different places for the purposes of analysis and determination of content of residual contaminants which are specified in Annex 1 attached hereto and main residual contaminants. Samples shall be collected in accordance with the current regulations of laws;

- Select typical contamination indicators for analysis, according to the reality.

4. Preparation of preliminary investigation and assessment reports

A preliminary investigation and assessment includes:

a) General introduction

- Necessity and purposes of the preliminary assessment;

- Methods of assessment, progress and status of preliminary assessment.

b) Assessment results

- Basic information on the potentially contaminated site;

- Current situation of land use and socio—economic development in that site;

- Results of analysis of representative samples for determination of contaminants, sources of contamination and preliminary determination of seriousness of contamination;

- A layout plan that shows positions of sources of contamination, contamination routes and affected subjects.

c) Conclusion and proposals

d) Reference documents

dd) Appendices

- Appendix 1: Layout plan;

- Appendix 2: Image report;

- Questionnaires and interview questions;

- Lists of interviewees;

- Other relevant documents.

ANNEX 3

GUIDANCE ON DETAILED INVESTIGATION AND ASSESSMENT OF POTENTIALLY CONTEMINATED SITES
(Issued together the Circular No.30/2016/TT-BTNMT dated October 12, 2016 by the Minister of Natural Resources and Environment)

The detailed investigation and assessment shall be carried as follows:

1. Preparation of detailed site survey plan:

According to the preliminary investigation and assessment, prepare a detailed site survey plan.

A detailed site survey plan includes:

a) Plans for collecting missed information;

b) Plans for sampling and analyzing residual contaminants at the site to detail type, extent and seriousness of contamination;

c) Arrangement of personnel for detailed site survey, necessary equipment, date of survey and relevant parties.

2. Detailed site survey and investigation

a) Search for necessary information:

Carry out interviews and collect documents from relevant agencies, consolidated documents, questionnaires and statistics for necessary information.

b) Detailed survey on sources of contamination and contamination spreading routes

- Monitor, do stocktaking, measure, drill and take samples at positions where are supposed to contain sources of contamination and contamination spreading routes to determine the extent and seriousness of contamination according to the site survey plan. The number of samples for analysis shall conform to the current regulations of laws;

- Change the initial plan, consult specialists and properly adjust the survey plan according to the reality, where necessary. Reasons for adjustment or changes in the survey plan shall be recorded in the investigation report.

- Determine the specific extent and seriousness of contamination, specific source of contamination, contamination spreading routes and affected subjects according to results of the site survey, sample analysis and relevant environmental technical regulations;

- Identify causes for contamination (e.g, by human’s actions or nature, environment incidents....)

3. Preparation of contaminated site layout plans

A layout plan of the contaminated site shall be prepared according results of the detailed investigation and assessment. The layout plan shall completely presents sources of contamination, contamination routes and affected subjects.

Preparation of contaminated site layout plans:

a) Determine the scale according to the reality. A layout plan shall be drawn at a large scale. Where it is deemed necessary to detail but there is no space available for such details, it is required to present such details in other maps at a bigger scale and noted in the layout plan.

b) Draw at least a longitudinal profile of the contaminated site to illustrate the depth of subjects located in the contaminated site, sources and seriousness of contamination;

c) Present all sources of contamination, contamination spreading routes (dimensions, toxicity and contaminants) and affected subjects (human beings, fauna, flora, and ecosystem) in the layout plan and section profile exactly;

d) Jot down “?” where the survey result is questionable;

dd) Specify survey information (name of surveying organization/individual, date of survey) at the right corner of the layout plan;

e) Specify notation

4. Preparation of detailed investigation and assessment reports

In addition to contents of the preliminary investigation and assessment report, the detailed investigation and assessment report shall include:

a) General information: Basic information on geographical location, owners, types of land use and water, land, geology, hydrology and climate, etc.;

b) Investigation and assessment plan: expected actions for collecting information and site investigation and assessment;

c) Results of site investigation and assessment:

- Work done at the contaminated site;

- Results of investigation and assessment of current contamination of the contaminated site:

+ Location, dimensions, concentration of contaminants in sources of contamination and contamination spreading routes;

+Affected subjects, level and frequency of contamination impact;

+Comparison of sample analysis results with relevant environmental technical regulations;

+ Layout plan of the contaminated site.

d) Conclusion and proposals

dd) Appendices

Appendices shall include, but not limited to:

- Contaminated site location map and/or aerial photos of the contaminated site;

- Sampling diagrams;

- Sample analysis results;

- Environmental monitoring results (e.g, soil longitudinal profiles at drilling holes, groundwater monitoring holes

- Imagery reports;

- Other relevant technical documents.

ANNEX 4

WEIGHTED POINT DETERMINATION METHODS
(Issued together with the Circular No.30/2016/TT-BTNMT dated October 12, 2016 by the Minister of Natural Resources and Environment)

1. Determination of seriousness of contamination of contaminated sites

a) The seriousness of contamination of a contaminated site shall be determined according to the total weighted point of 03 indicators: residual contamination (N), possibility of the spread of contamination (L) and affected subjects (T).

b) The total weighted point (K) of a contaminated site shall not exceed 100. K shall be determined according to the following function:

K = N + L + T

c) For determination of level of risk of a contaminated site, where 03 or more elements of any above-mentioned indicator are known as “N/A”, such indicator shall be deemed “not assessed”. In this case, it is required to search and collect information related to such above-mentioned elements to classify risk level of the contaminated site.

2. Determination of weighted point of sources of residual contamination

a) The level of risk of a source of residual contamination depends on the following elements:

- The toxicity of residual contaminants (N₁);

- Excess of residual contaminant contents in the contaminated site (N₂);

- Special contaminants (N₃);

- Number of residual contaminants whose content exceeds the residual contamination standards (N₄);

- Volume or area of contaminated site (N₅).

b) The weighted point of the source of contamination shall be determined according to the following function:

N = N₁ + N₂ + N₃ + N₄ + N₅

3. Determination of weighted point of the possibility of spread of contamination

a) The spread of contamination depends on the following elements:

- The gradient of the contaminated site (L₁);

- The distance from the contaminated site to sources of water (L₂);

- The degree of coverage in the contaminated site (L₃);

- The particle sizes of soil in the contaminated site (L₄);

b) The weighted point of the spread of contamination shall be determined according to the following function:

L = L₁ + L₂ + L₃ + L₄

4. Determination of weighted point of affected subjects

a) The weighted point of affected subjects depends on the following elements:

- The impact on community health (T₁);

- Population density (T₂);

- The impact on the locals’ sources of livelihood (T₃);

- The impact on natural ecosystems (T₄).

b) The weighted point of the affected subjects shall be determined according to the following function:

T = T₁ + T₂ + T₃ + T₄

WEIGHTED POINTS OF RESIDUAL CONTAMINATION INDICATORS AND ELEMENTS

ANNEX 5

APPLICATION FORM FOR ASSESSMENT OF ENVIRONMENTAL REMEDIATION PLAN
(Issued together with the Circular No.30/2016/TT-BTNMT dated October 12, 2012 by the Minister of Natural Resources and Environment)

To: [name of the assessing authority]………

Pursuant to the Government’s Decree No.19/2015/ND-CP dated February 14, 2015 detailing a number of Articles of the Law on Environmental protection;

Pursuant to the Circular No. 30/2016/TT-BTNMT dated October 12, 2016 by the Ministry of Natural Resources and Environment on management, improvement and remediation of contaminated sites, …………….[name of executing organization] ….hereby applies for assessment of ………[name of the environmental remediation plan in…………..[location]] which has been prepared after a series of necessary investigations. This application is attached with:

- 07 reports on decontamination plan;

- An original aggregated record of affected residents’ opinions.

We hereby declare that these above-mentioned documents and their figures are true and reliable. We will take full responsibilities for any incorrectness under the laws of the Socialist Republic of Vietnam.

ANNEX 6

SPECIMENT FOR ENVIRONMENT REMEDIATION PLAN
(Issued together with the Circular No.30/2016/TT-BTNMT dated October 12, 2016 by the Minister of Natural Resources and Environment)

CHAPTER I. GENERAL INFORMATION:

1. Legal basis:

Specify applicable legislative documents and environmental technical regulations.

2. General information:

2.1. Introduction of environmental remediation plan (name and location…)

2.2. Introduction of main participants:

Specify name, mailing address, telephone number, address and representatives/contact persons of investors, governing body, executing organization, cooperating bodies, consulting firms and beneficiaries, etc.

CHAPTER II. CONTAMINATED SITE CURRENT SITUATION

Specify results of investigation and assessment of the extent and seriousness of contamination of the contaminated site. Preliminary and detailed investigation and assessment reports shall be attached. The following content shall be included:

1. Basic information of the contaminated site’s locality

Specify general information on nature, socio-economic situation as follows:

Natural conditions

Brief about terrain, geology and hydrology; characteristics of soil in the contaminated site (including chemical and physical properties, main soil morphology and longitudinal profiles); climate, weather; hydrological characteristics, especially characteristics of main surface runoff and aquifers

1.2. Socio-economic conditions

Brief about local population, number of households and residents living in vicinity of the contaminated site; current situations of land use and land use planning, sanitary conditions, residents’ health, and impact on community health by contaminated site;

2. General information on the contaminated site

2.1. Location: Specify geographical address, location, coordinates, altitude, boundaries, current owner(s) and their main contact persons.

2.2. History Specify date of operation, date of close, operating areas, issues and complaints in relation to the operation of the contaminated site.

2.3. Land use Specify the current land use and land use planning in the contaminated site and its vicinity

2.4. Maps and images: Sketch maps, layout plans, images (panoramic images, images of boundaries and affected subjects, etc.)

3. Extent and seriousness of contamination

3.1. Investigations and surveys

Specify finished surveys, inspections:

a) Preliminary investigation and survey results (refer to Annex 2 for details);

b) Detailed investigation and survey results (refer to Annex 3 for details);

c) Additional survey and assessment for zoning the contaminated area with high level of risk.

3.2. Zoning: Specify sources of contamination; extent of the contaminated site and sources of contamination (in both area and depth).

3.3. Environmental monitoring and analyzing results

Specify sampling methods including sampling diagrams and locations, date of sampling, sampling frequency and depth, type of samples and indicators required to be analyzed. Sampling diagrams and drawings shall be enclosed.

Present and compare analysis results of soil, bottom sediment, surface water and groundwater with current environmental technical regulations.

3.4. Contaminated site layout plan

The layout plan shall present the current contamination status of the contaminated site by specifying sources of residual contamination, routes for spread of contamination and affected subjects. The layout plan shall present the floor plan and longitudinal terrain profiles.

3.5. Classification of level of risks of the contaminated site: Give a description of methods for classification of level of risks according 03 degrees: high, medium and low risks

Refer to Annex 4 for details.

3.6. Assessment of contaminated site impacts:

Impact on human health, environment, ecosystems and possibilities of spread of contamination.

CHAPTER III. TECHNICAL ALTERNATIVES

1. Technical solutions

Different technical solutions for environmental remediation shall be applied to different subjects and shall be divided by stage as follows:

a) Measures for protecting affected subjected prior to decontamination:

- Inform affected subjects of situation of the contaminated site;

- Isolate, seal and closed contaminated housing to prevent the contact with contaminants;

- Restrict or prohibit use of land and groundwater, or temporarily move affected subjects away from the contaminated site;

- Move affected subjects away from the contaminated site.

b) Measures for decontaminating sources of contamination and preventing spread of contamination:

- Conduct on-site decontamination, or unloading or transport contaminants to treatment facilities;

- Isolate sources of contamination and contaminated sites from the vicinity;

- Pump and treat groundwater (if any);

- Implement measures for isolating contaminated sites/bottom sediment or measures for remediating the contaminated site;

- Set up osmosis membranes to prevent from permeating through groundwater.

c) Control measures after decontamination:

- Give and reiterate announcements and warnings of contaminated sites;

- Zone and isolate contaminated sites to prevent the spread of contamination and impact of the contamination on the vicinity;

- Organize communication activities; raise residents and relevant entities’ awareness of residual contamination to proactively prevent its negative impacts;

- Periodically monitor the environment quality and make environment quality information publicly.

2. Comparison of technical alternatives

Make a comparison among technical alternatives and select the optimum technical solution for environmental remediation of the contaminated site. The technical solution shall be selected according to the following criteria:

a) Degree of mitigation of risks;

b) The reliability of proposed techniques and/ or technologies (impact on soil, groundwater and air, its efficiency, etc.)

c) Costs of application of such selected solution;

d) Implementation duration;

dd) The feasibility in terms of technique and technologies;

e) Other impacts the technical alternative is implemented.

Select the optimum alternative (or a combination of more than one alternative according to the affected subjects and seriousness of contamination.

CHAPTER IV. DESCRIPTION OF SELECETD TECHNICAL SOLUTION

1. Contents and decontamination plan:

Contents

Specify work items and workload according to specific projects, including:

a) Prevention, decontamination or removal sources of contamination;

b) Prevention of routes for spread of contamination;

c) Affected subject protection

1.2. Decontamination plan

The decontamination plan shall depend on work items and environmental remediation methods, and shall include:

- Duration and schedule for implementation the selected technique and work items;

- Specify workload of each work items or techniques;

- Specify necessary equipment and workers;

- Allocate personnel for management and supervision of work items.

2. Environmental protection measures during environmental remediation

Identify negative impacts on the environment (soil, air and water environment) during the implementation of the plan from site clearance to post-decontamination supervision and management

Specify applicable environmental protection measures (such as measures for mitigating negative impacts on air, soil and water environment during the implementation of the plan.

CHAPTER V. CONTROL AND SUPERVISION AFTER DECONTAMINATION

1. Decontamination supervision

Present technical quality control plan and methods during the implementation of the plan.

Identify environment impacts and occupational risks and propose mitigation measures.

2. Post-decontamination control

Control risks and manage works for environmental remediation in case of residual contaminant effects are still not fully eliminated. To be specific:

a) Reiterate warnings of the contaminated site;

b) Disseminate information and raise awareness or relevant entities and residents in the vicinity of the contaminated site of residual contamination;

c) Maintain construction works for environmental remediation;

d) Periodically monitor the environment a contaminated sites and their vicinity; make information on environmental quality publicly available.

APPENDIX

Contaminated site images: attach contaminated site images, maps, layout plans and detailed drawings which present sources of contamination, affected subjects and the vicinity.