Order of the Ministry of Ecology and Environment of the People’s Republic of China

The “Administrative Measures for the Prevention and Control of Environmental Pollution Caused by Tailings” were reviewed and adopted at the second ministerial meeting of the Ministry of Ecology and Environment held on March 15, 2022. They are hereby promulgated and shall take effect as of July 1, 2022.

Minister Huang Runqiu

April 6, 2022

Measures for the Prevention and Control of Environmental Pollution Caused by Tailings

Chapter 1 General Provisions

Article 1: In order to prevent and control tailings pollution of the environment and to protect and improve the ecological environment, these Measures are formulated in accordance with relevant laws and regulations such as the Environmental Protection Law of the People’s Republic of China, the Law of the People’s Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste, and the Soil Pollution Prevention and Control Law of the People’s Republic of China.

Article 2: These Measures apply to the prevention and control of environmental pollution caused by tailings within the territory of the People’s Republic of China (hereinafter referred to as “pollution prevention”) and to their supervisory management.

The tailings generated from the development and utilization of associated radioactive minerals, in which the activity concentration of individual nuclides from the uranium (thorium) series exceeds 1 Bq/g, as well as the prevention and control of pollution from uranium (thorium) mine tailings and their supervisory management, shall be governed by the relevant laws and regulations on the prevention and control of radioactive pollution and are not subject to the provisions of this measure.

Article 3: The prevention and control of tailings pollution shall adhere to the principles of prevention first and polluter pays.

Units engaged in the generation, storage, transportation, and comprehensive utilization of tailings, as well as units operating and managing tailing ponds, shall take measures to prevent or reduce environmental pollution caused by tailings and shall bear legal responsibility for any environmental pollution thus caused.

Enterprise groups that exercise controlling management over entities generating tailings and the operators and managers of tailing ponds shall strengthen their supervision and management of their subsidiaries, and urge and guide these subsidiaries to fulfill their primary responsibilities for preventing and controlling tailings pollution.

Article 4: The competent department of ecological environment under the State Council shall exercise supervision and management over nationwide tailings pollution prevention efforts.

The ecological and environmental authorities at all local levels are responsible for the supervision and management of tailings pollution prevention and control within their respective administrative regions.

The river basin ecological and environmental supervision and management agencies under the State Council’s competent authority for ecological environment, in accordance with their duties prescribed by laws and regulations or upon authorization by the State Council’s competent authority for ecological environment, shall provide guidance, coordination, and supervision over the prevention and control of tailings pollution within their jurisdictions.

Article 5: Pollution prevention and control for tailings ponds shall be subject to categorized and graded environmental supervision and management.

The competent department of ecological environment under the State Council is responsible for formulating technical guidelines for the classification and tiered environmental supervision and management of tailings ponds. Based on factors such as the type of mineral associated with the tailings, the sensitivity of the surrounding environment, and the level of environmental protection at the tailings pond, tailings ponds are classified into three tiers—Tier I, Tier II, and Tier III—for environmental supervision and management, and the environmental supervision and management requirements for each tier are clearly defined.

The provincial-level ecological and environmental authorities are responsible for identifying the list of tailing ponds within their administrative regions, categorized and graded according to environmental supervision requirements, and for strengthening oversight and management.

The municipal-level ecological and environmental authorities, based on the list of tailings ponds categorized and graded for environmental supervision and management determined by the provincial-level ecological and environmental authorities, shall implement categorized and graded management of tailings ponds.

Chapter 2: Pollution Prevention and Control

Article 6: Units that generate tailings shall establish and improve a pollution prevention responsibility system covering the entire process—from the generation, storage, transportation, to the comprehensive utilization of tailings. They shall designate departments and dedicated technical personnel responsible for pollution prevention work, and clearly define the responsibilities of the unit’s principal officers and relevant personnel.

Article 7: Units that generate tailings and units responsible for the operation and management of tailings ponds shall establish an environmental management ledger for tailings.

Units that generate tailings shall accurately record in the tailings environmental management ledger information such as the types, quantities, flow paths, storage methods, and comprehensive utilization of tailings generated during production and operations. Operating and managing units of tailings ponds shall accurately record in the tailings environmental management ledger information including the construction and operation status of pollution prevention facilities at the tailings pond, environmental monitoring conditions, identification and remediation of potential pollution hazards, emergency response plans for sudden environmental incidents, and their implementation status.

The retention period for the environmental management records of tailings shall be no less than five years; among these, the environmental management record information of the operators and managers of tailings ponds shall be retained permanently.

Units that generate tailings and units responsible for the operation and management of tailings ponds shall, before January 31 each year, submit the relevant information generated in the previous year via the National Information Platform for the Prevention and Control of Environmental Pollution by Solid Waste.

Article 8: If an entity that generates tailings entrusts another party with the storage, transportation, and comprehensive utilization of tailings, or if the operator and manager of a tailings pond entrusts another party with the transportation and comprehensive utilization of tailings, it shall verify the subject qualification and technical capabilities of the entrusted party, sign a written contract in accordance with the law, and specify pollution prevention requirements in the contract.

Article 9: For newly constructed, renovated, or expanded tailings ponds, an environmental impact assessment shall be conducted in accordance with the law, and the relevant national regulations on environmental protection management for construction projects shall be complied with, and measures for preventing and controlling tailings pollution shall be implemented.

The siting of tailings ponds shall comply with the relevant laws, regulations, and mandatory standards for ecological and environmental protection. The construction of tailings ponds and other facilities for storing tailings is prohibited in areas designated as ecological protection redlines, concentrated zones of permanent basic farmland, floodplains of rivers and lakes, and other areas requiring special protection.

Article 10: For newly constructed, reconstructed, or expanded tailings ponds, pollution prevention facilities—including seepage control systems, leachate collection systems, wastewater treatment systems, environmental monitoring systems, and environmental emergency response systems—shall be built in tandem, in accordance with relevant national regulations and the actual conditions of the tailings pond.

Article 11: The design and construction of seepage control facilities for tailings ponds shall fully take into account geological, hydrological, and other relevant conditions, and shall comply with the management requirements applicable to the corresponding categories of tailings properties.

The seepage prevention requirements for facilities such as leachate collection ponds, return water ponds, and environmental emergency accident ponds配套 with tailings ponds shall be no lower than the seepage prevention requirements for the tailings ponds themselves, and overflow prevention facilities must also be provided.

Article 12: The tailings discharge pipelines and return water pipelines of newly constructed tailings ponds shall avoid crossing farmland, rivers, and lakes. If it is indeed necessary to cross such areas, facilities such as pipe trenches and casing pipes shall be constructed to prevent leakage and subsequent environmental pollution.

Article 13: When tailings are transported via conveyor belt, measures such as enclosure shall be adopted to prevent the loss and dispersion of tailings.

Vehicles transporting tailings shall take measures such as covering to prevent tailings from being spilled or scattered.

Article 14: Entities that generate tailings and are subject to discharge permit management in accordance with the law shall apply for a discharge permit or complete a discharge registration form, discharge tailings and pollutants in compliance with the provisions on discharge permit management, and implement relevant environmental management requirements.

Article 15: The operating and managing entity of a tailings pond shall adopt measures to prevent dust dispersion, loss, leakage, or other means of preventing environmental pollution. It shall strengthen the management and maintenance of pollution-control facilities at the tailings pond, ensure their normal operation and use, and prevent tailings from polluting the environment.

Article 16: The operating and managing entity of a tailings pond shall implement measures such as dust suppression on the pond surface and slope greening to prevent dust pollution and enhance the aesthetic appeal of the environment.

Article 17: Tailings pond water shall, as a priority, be returned for use in the mineral processing operations. If discharged into the environment, it must comply with national and local pollutant discharge standards, shall not be mixed with rainwater outside the tailings pond, and shall, in accordance with relevant regulations, be equipped with pollutant discharge outlets, clearly marked signs, and legally fitted with flow meters and video surveillance systems.

The retention period for flow meter monitoring records at pollutant discharge outlets shall be no less than five years, and the retention period for video surveillance records shall be no less than three months.

Article 18: The operating and managing entity of a tailings pond shall, in accordance with relevant national standards and regulations, construct groundwater quality monitoring wells.

Groundwater quality monitoring wells shall be installed upstream, downstream, and in the surrounding areas of tailings ponds where contamination could potentially spread.

Article 19: The operating and managing entity of a tailings pond shall conduct groundwater environmental monitoring as well as monitoring and assessment of soil contamination conditions in accordance with relevant national regulations.

For tailings ponds that discharge tailings water, the operating and management entities shall conduct water pollutant discharge monitoring at least once per month during the discharge period. In addition, if toxic or hazardous water pollutants are discharged, they shall also conduct monitoring of the receiving water body and other surrounding environmental areas at least once every quarter.

The operating and management entities of tailing ponds shall, in accordance with the law, publicly disclose relevant information such as monitoring results for pollutant emissions.

Article 20: The operating and managing entity of a tailings pond shall establish and improve a system for identifying and addressing potential pollution hazards in the tailings pond, and organize activities to identify and address such hazards. If any pollution hazard is identified, the entity shall develop a remediation plan and promptly take measures to eliminate the hazard.

The operating and management entity of a tailings pond shall conduct a comprehensive inspection for potential pollution hazards at least once each year before the flood season.

Article 21: If the operator and manager of a tailings pond discovers, during environmental monitoring or other related activities, signs of contamination—such as leakage of pollutants or an increase in pollutant concentrations—in the soil and groundwater surrounding the tailings pond, they shall promptly identify the cause, take immediate measures to prevent further leakage of pollutants, and conduct environmental investigations and risk assessments in accordance with relevant national regulations. Based on the results of these investigations and risk assessments, they shall implement appropriate risk control measures or remediation and restoration efforts.

If the competent department for ecological and environmental protection discovers during supervision and inspection that there are signs of pollutant leakage or increased concentrations in the soil and groundwater surrounding a tailings pond, it shall promptly urge the operator and management entity of the tailings pond to take appropriate measures.

Article 22: The operating and managing entity of a tailings pond shall, in accordance with the relevant provisions of the competent department for ecological environment under the State Council, conduct risk assessments for sudden environmental incidents at the tailings pond, prepare, revise, and file emergency response plans for such incidents, build and improve environmental risk prevention and control and emergency facilities, stockpile environmental emergency supplies, and regularly organize and carry out emergency drills for sudden environmental incidents at the tailings pond.

Article 23: In the event of a sudden environmental incident, the operator and manager of the tailings pond shall immediately activate the emergency response plan for sudden environmental incidents at the tailings pond, take emergency measures to eliminate or mitigate the impact of the accident, promptly notify any units and residents that may be affected, and report the incident to the county-level ecological and environmental authority within their administrative jurisdiction.

After discovering or receiving information about an emergency environmental incident at a tailings pond, the ecological and environmental authorities at or above the county level shall, in accordance with relevant regulations, carry out emergency response measures, investigate and assess the environmental impacts and losses, and perform other related tasks.

Article 24: The operating and managing entity of a tailings pond shall, during the closure period and after closure of the tailings pond, take measures to ensure that the leachate collection facilities and the tailings water discharge monitoring facilities continue to operate normally. They shall also conduct regular monitoring of water pollutant discharges to ensure that pollutant emissions comply with national and local emission standards.

The leachate collection facilities and tailings water discharge monitoring facilities of the tailings pond shall operate normally until, for two consecutive years after the closure of the tailings pond, no leachate is generated or the leachate generated can be stably discharged in compliance with standards without prior treatment.

The operating and managing entity of a tailings pond shall, after the closure of the tailings pond, take measures to ensure that groundwater quality monitoring wells continue to operate normally and conduct continuous groundwater quality monitoring in accordance with relevant national regulations until the downstream groundwater quality remains within the baseline level of the upstream groundwater quality or the regional groundwater quality baseline for two consecutive years.

Article 25: Units engaged in the comprehensive utilization of tailings—including tailings backfilling, reclamation, and the extraction of valuable components from tailings as well as the production of construction materials—shall, in accordance with relevant national regulations, take appropriate measures to prevent secondary environmental pollution.

Chapter 3: Supervision and Management

Article 26: The department in charge of ecological environment under the State Council shall strengthen the informationization of tailings pollution prevention and control, and enhance the integration and data sharing of environmental management information systems.

Article 27: The provincial-level ecological and environmental authorities shall strengthen supervision and assessment of the approval procedures and outcomes for environmental impact assessments of newly constructed, renovated, or expanded tailings pond projects. If it is found that the ecological and environmental authorities at the prefectural-level or county-level lack the capacity to review and approve environmental impact assessments for tailings pond projects, or if significant problems are identified during the approval process, the provincial-level authorities shall, in accordance with the law, adjust and assume jurisdiction over the approval authority for environmental impact assessments.

Article 28: The ecological and environmental authorities at the prefectural-level cities shall include the operators and managers of Class I and Class II tailing ponds under environmental supervision and management in the list of key pollution discharge units and subject them to enhanced oversight and control.

Article 29: Local ecological and environmental authorities at all levels are encouraged to comprehensively utilize remote video surveillance, drones, remote sensing, geographic information systems, and other means to carry out supervision and management of tailings pollution prevention and control.

Chapter Four: Penalties

Article 30: If any entity that generates tailings or the operator and manager of a tailings pond violates the provisions of these Measures and engages in any of the following acts, it shall be subject to penalties in accordance with the provisions of laws and regulations such as the "Law of the People's Republic of China on the Prevention and Control of Environmental Pollution by Solid Waste," the "Law of the People's Republic of China on the Prevention and Control of Water Pollution," and the "Law of the People's Republic of China on the Prevention and Control of Soil Pollution":

(1) Failing to establish an environmental management ledger for tailings and failing to record information accurately;

(2) Discharging water pollutants exceeding the water pollutant discharge standards;

(3) Commencing construction of a project without having legally submitted and obtained approval for the environmental impact assessment document;

(4) Failure to conduct soil and groundwater environmental monitoring as required;

(5) Failure to carry out emergency response measures for sudden environmental incidents at tailing ponds in accordance with the law;

(6) Illegally dumping, piling up, discarding, or scattering tailings, or failing to take appropriate preventive measures, thereby causing tailings to become airborne, lost, leaked, or otherwise polluting the environment;

(7) Other acts that violate laws and regulations.

Article 31: If a unit that generates tailings or the operating and managing entity of a tailings pond violates the provisions of these Measures by failing to submit, on time via the National Information Platform for the Prevention and Control of Solid Waste Pollution, the relevant information generated in the previous year, the local ecological and environmental authorities at or above the prefectural-level shall order it to make corrections and issue a warning. If the entity refuses to make corrections, it shall be fined no more than 30,000 yuan.

Article 32: Any violation of the provisions of these Measures—such as discharging tailings water into the environment without setting up pollutant discharge outlet markers in accordance with relevant national regulations—shall be ordered by the local ecological and environmental authorities at or above the prefectural-level city to make corrections and receive a warning. If the violator refuses to make corrections, a fine of no more than 50,000 yuan shall be imposed.

Article 33: If the operating and managing entity of a tailings pond violates the provisions of these Measures and fails to carry out the required investigation and remediation of potential pollution hazards, the ecological and environmental authorities at or above the prefectural-level city shall order it to make corrections and issue a warning. If the entity refuses to make corrections, it shall be fined no more than 100,000 yuan.

Chapter V Supplementary Provisions

Article 34: The meanings of the following terms used in these Measures are as follows:

(1) Tailings refer to the solid waste generated after valuable concentrates are extracted from ore mined by metallic and non-metallic mines through beneficiation plants.

(2) A tailings pond refers to a facility used for storing tailings.

(3) Closure of a tailings pond refers to the measures taken to shut down a tailings pond after it has ceased operation; this is also known as pond closure.

(4) The operating and managing entities of tailings ponds, including the enterprises to which the tailings ponds belong and the tailings pond management and maintenance units designated by the local people's governments.

Article 35: These Measures shall take effect as of July 1, 2022. The “Regulations on the Management of Prevention and Control of Tailings Pollution” (Order No. 11 of the State Environmental Protection Administration) shall be repealed concurrently.

The above content is excerpted from http://www.gov.cn/