美国污染场地国家优先名录制度的建设及其启示

有别于传统命令控制模式,污染场地名录管理凭借其信息工具优势在污染场地分级分类管理、优先排序方面发挥着重要作用。从美国法治经验观察,伴随着《综合环境反应、赔偿与责任法案》(俗称《超级基金法》)的修订完善,污染场地国家优先名录制度依循风险管控理念在加快场地修复和社区重振的务实方向上不断发展。就我国而言,应借鉴域外法治经验,通过建立基于量化指标的污染地块危险等级评定系统,健全基于风险管控原则的场地名录列入、移出规则,构筑以透明、公开为原则的公众参与机制等措施,健全完善我国污染场地名录管理制度。

Construction of National Priority List System of Contaminated Sites in the United States and Its Enlightenment

Different from the traditional command control mode,the directory management of contaminated sites plays an important role in the classification management and prioritization of contaminated sites.From the experience of the rule of law in the United States,with the amendment and improvement of the Superfund law,the national priority list system of contaminated sites has been developing in the practical direction of accelerating site restoration and community revitalization in accordance with the concept of risk management and control.As far as China is concerned,we should learn from the experience of foreign rule of law,establish a risk rating system of contaminated sites based on quantitative indicators,improve the rules for listing and removing the site list based on the principle of risk management and control,and build a public participation mechanism based on the principle of transparency and openness.