Laws of the People's Republic of China

    Article 1  These Regulations are enacted for the purpose of
strengthening the prevention and control of water pollution
within the territory of the Huaihe River Valley, protecting and
improving water quality, safeguarding human health and ensuring
a water supply for people's daily life and for production.

    Article 2  These Regulations shall apply to the prevention
and control of pollution of rivers, lakes, reservoirs, canals and
other surface water bodies within the territory of the Huaihe
River Valley.

    Article 3  The aim of the prevention and control of water
pollution within the territory of the Huaihe River Valley is: the
discharge of pollutants from industrial pollution sources within
the whole territory shall meet the discharge standards by 1997,
and by 2000 the quality of water in the major part of rivers,
lakes or reservoirs shall meet the demands stipulated in the
program for prevention and control of water pollution within the
territory of the Huaihe River Valley so as to clear the water in
Huaihe River.

    Article 4  The Leading Group for Protecting Water Resources
within the Territory of the Huaihe River Valley (hereinafter
referred to as "the Leading Group") shall be responsible for
coordinating and settling any significant affairs concerning the
protection of water resources and the prevention and control of
water pollution within the territory of the Huaihe River Valley,
and for supervising and inspecting the work of prevention and
control of water pollution within the territory of the Huaihe
River Valley, and also for exercising other functions and powers
as the State Council may assign to it.

    The Office of the Leading Group shall be established in
Bureau of Protection of Water Resources within the Territory of
the Huaihe River Valley.

    Article 5  The people's governments of Henan Province, Anhui
Province, Jiangsu Province and Shandong Province (hereinafter
referred to as "the four provinces") shall be responsible, in
their respective regions, for the water environment quality
within the territory of the Huaihe River Valley, and must take
measures to realize their respective aims of prevention and
control of water pollution within the territory of the Huaihe
River Valley.

    The people's governments of the four provinces shall resolve
and assign the task of harnessing the water pollution within the
territory of the Huaihe River Valley to related cities
(prefectures) or counties, sign goal-related responsibility
documents of prevention and control with related cities
(prefectures) or counties and ask them to fulfill assigned tasks
in a given time, and shall consider this job as an important part
in examining the achievements in related cadres' official
careers.

    Article 6  The local people's governments at or above the
county level within the territory of the Huaihe River Valley
shall regularly report to the standing committees of the people's
congresses at the corresponding levels concerning the development
in prevention and control of water pollution in their
administrative areas within the territory of the Huaihe River
Valley.

    Article 7  The State shall carry out preferential and support
policies for the prevention and control of water pollution within
the territory of the Huaihe River Valley.

    Article 8  The people's governments of the four provinces
shall make appropriate arrangements for workers and staff members
in closed down or suspended enterprises.

    Article 9  The State shall practice a system of controlling
the total amount of discharged water pollutants (hereinafter
referred to as "the total amount of discharged pollutants")
within the territory of the Huaihe River Valley.

    Article 10  In accordance with the aim of prevention and
control of water pollution within the territory of the Huaihe
River Valley, the competent department of environmental
protection administration under the State Council, in concert
with the planning department and the competent department of
water administration under the State Council, shall consult with
the people's governments of the four provinces, map out a program
for preventing and controlling water pollution and a plan for
controlling the total amount of discharged pollutants within the
territory of the Huaihe River Valley, which shall be submitted by
the Leading Group to the State Council and shall be exercised
after its approval.

    Article 11  In accordance with the program for prevention and
control of water pollution and the plan for controlling the total
amount of discharged pollutants that are enacted by local
people's governments at higher levels, the people's governments
at or above the county level within the territory of the Huaihe
River Valley shall organize to enact programs for the prevention
and control of water pollution and plans for controlling the
total amount of discharged pollutants in their administrative
areas within the territory of the Huaihe River Valley, and also
shall incorporate the aforesaid programs and plans into a middle-
term or long-term program and an annual plan for national
economic and social development in their administrative areas.

    Article 12  The plan for controlling the total amount of
discharged pollutants within the territory of the Huaihe River
Valley shall include such contents as the exact area in which the
total amount of discharged pollutants shall be controlled, the
total amount of discharged pollutants, the amount of reduction of
discharged pollutants and the time limit for such reduction, and
shall also include the areas in which the control of discharged
pollutants shall be centered on, lists of key units discharging
pollutants out of the aforesaid areas and other contents.

    Article 13  For enterprises, institutions and individual
businesses discharging pollutants into a water body within the
territory of the Huaihe River Valley (hereinafter referred to as
"the units discharging pollutants") which are incorporated into
plans for controlling the total amount of discharged pollutants,
the control index of the total amount of discharged pollutants
shall be decided on the basis of plans for controlling the total
amount of discharged pollutants, environmental impact statements
for construction projects and declared amounts of discharged
pollutants, by competent departments of environmental protection
administration in consultation with other related competent
departments at the corresponding levels.

    The amount of the reduction and the time limit required for
such reduction of the control index of the total amount of
discharged pollutants shall, in accordance with provisions
stipulated by the people's governments at respective levels and
in consultation with other related competent departments at the
corresponding levels, be appraised and decided by the competent
departments of environmental protection administration that issue
the aforesaid control index to lower levels.

    If a unit discharging pollutants exceeds the limits of the
control index of the total amount of discharged pollutants, it
shall be ordered by the local people's governments at or above
the county level to eliminate and control the pollution within a
certain period.

    Article 14  The unit discharging pollutants within the major
controlling area of discharging pollutants or the key unit
discharging pollutants out of the major controlling area of
discharging pollutants, which are defined in plans for
controlling the total amount of discharged pollutants within the
territory of the Huaihe River Valley, must file an application in
accordance with related State-stipulated provisions for license
for discharging pollutants, and also shall install measuring
instruments of discharged sewage at sewage outfalls.

    Article 15  The competent department of environmental
protection administration under the State Council, in
consultation with the competent department of water
administration under the State Council, shall establish water
quality standards for the provincial boundaries within the
territory of the Huaihe River Valley in accordance with the plans
for controlling the total amount of discharged pollutants within
the territory of the Huaihe River Valley and with the four
provinces' economic and technological conditions. The aforesaid
water quality standards shall go into effect after being approved
by the State Council.

    Article 16  The Bureau of Protection of Water Resources within
the Territory of the Huaihe River Valley shall be responsible for
monitoring the water quality of the provincial boundaries of the
four provinces, and shall report without delay the monitoring
results to the Leading Group.

    Article 17  If the discharge of water pollutants by a key
unit discharging pollutants within the territory of the Huaihe
River Valley exceeds the prescribed standards, it shall be
ordered to eliminate and control the pollution within a certain
period.

    For enterprises and institutions under the jurisdiction of a
people's government at or below the city or county level, a
deadline for the elimination and control of pollution shall be
determined by the relevant people's governments at the city or
county level. For enterprises and institutions directly under the
jurisdiction of the central government or the people's government
at the provincial level, such deadline shall be determined by the
people's government at the provincial level.

    A list of key units discharging pollutants that have been
ordered to eliminate and control the pollution within a certain
period shall be drafted, in consultation with the people's
governments of the four provinces, by the competent department  
of environmental protection administration under the State
Council. The list shall be promulgated after the verification and
consent of the Leading Group.

    Article 18  The excess discharge of water pollutants into a
water body within the Huaihe River Valley by any industrial
enterprise shall be prohibited as of Jan. 1, 1998.

    Article 19  Any pollutant discharging unit within the
territory of the Huaihe River Valley must take measures to
accomplish the elimination and control of pollution within the
specified period and to ensure that the discharge of water
pollutants shall conform to the limits set by national or local
standards. Any pollutant discharging unit with a license for
discharging pollutants shall ensure that its total amount of
discharged pollutants does not exceed the control index of the
total amount of discharged pollutants as stipulated by the
license for discharging pollutants.

    Any pollutant discharging unit that has not completed the
elimination and control of pollution within the specified period
shall centralize its funds to accomplish the elimination and
control of pollution as soon as possible; before the elimination
and control of pollution has been completed, new construction
projects aimed at enlarging the production scale are prohibited.

    Article 20  All discharge fees, which are to be collected by
the competent departments of environmental protection
administration under the local people's governments at or above
the county level, must be spent as provided by the state on the
elimination and control of pollution and may not be appropriated
for other purposes.

    The auditing bodies shall supervise through auditing, in
accordance with the law, the usage of discharge fees, and the
auditing results shall be reported to the Leading Group by the
auditing bodies of the people's governments of the four
provinces.

    Article 21  The installation or enlargement of a sewage
outfall within administrative areas such as rivers, lakes,
reservoirs, canals, etc., which are located in the territory of
the Huaihe River Valley, must be reported, in accordance with the
law, to the competent department of water administration for
approval.

    Article 22  No new chemical pulp paper making enterprises
shall be established within the territory of the Huaihe River
Valley.

    No new small-scale enterprises engaging in hide processing,
chemical industry, printing and dyeing, electroplating, brewing,
or other activities which may cause severe pollution shall be
established within the territory of the Huaihe River Valley.

    Construction of new large- or medium-scale projects listed in
the preceding paragraph or other projects which may cause severe
pollution is to be strictly controlled; new construction of such
projects must be subject to the approval of the competent
department of environmental protection administration under the
related people's governments at the provincial level, and shall
be reported to the competent department of environmental
protection administration under the State Council for the record.

    A list of prohibited or strictly controlled industries or
products shall be drafted, in consultation with other related
competent departments under the State Council, by the competent
department of environmental protection administration under the
State Council. Such list, after being examined and ratified by
the Leading Group and reported to the State Council for approval,
shall come into effect after the approval of the State Council.

    Article 23  A competent department of environmental
protection administration under the people's governments at or
above the county level within the territory of the Huaihe River
Valley shall not, in the process of examining and approving the
environmental impact statement on a construction project's
discharge of pollutants into a water body, surpass the limit of
the control index of the total amount of discharged pollutants
set for its administrative area.

    Article 24  The local people's governments at or above the
county level within the territory of the Huaihe River Valley
shall, in accordance with the requirements in the program for
prevention and control of water pollution within the territory of
the Huaihe River Valley, construct sewage treatment facilities in
cities or towns.

    Article 25  Sluices within the territory of the Huaihe River
Valley shall, presupposing the ensuring of flood control or
drought relief, give consideration to the quality of water in
both the upper and lower reaches of a river. An adjustment and
control program for preventing pollution shall be enacted to
avoid the discharge of sewage stored in a sluice-controlled river
course.

    For a sluice deemed as important by the Leading Group, the
adjustment and control program for preventing pollution shall be
enacted by the Water Conservancy Committee of the Huaihe River in
concert with the competent department of water administration
under the people's government of the relevant province. The
aforesaid program shall be reported to the Leading Group and
shall go into effect after its approval.

    Article 26  The office of the Leading Group shall, by
organizing the competent departments of environmental protection
administration and the competent departments of water
administration or other relevant departments under the people's
governments of the four provinces, take the following measures to
carry out the combined work of prevention and control of water
pollution in the dry season:

    (1) Strengthen the dynamic monitoring of the quality or
situation of the water in major river courses, lakes or
reservoirs, and circulate a notice of the monitoring results
without delay;

    (2) In accordance with the maximum capacity of the water
environment and in consultation with the competent departments of
environmental protection administration under the people's
governments of the four provinces, establish for each province
the maximum amount of pollutants discharged from pollution
sources during the dry season. Said amount shall be allotted by
levels to pollutant discharging units by the competent departments
of environmental protection administration under the people's
governments of the four provinces, and the pollutant discharging
units shall discharge pollutants within the quantitative limits
in accordance with the program for the control of pollutants
discharged from pollution sources during the dry season; and

    (3) Manage sluices as described in the adjustment and control
program for preventing pollution.

    Article 27  Water pollution accidents within the territory of
the Huaihe River Valley shall be promptly reported to the
competent department of environmental protection administration.
The competent department of environmental protection
administration shall, within 24 hours of receiving the aforesaid
accident report, report the pollution accident to the people's
government at the corresponding level, the competent department
of environmental protection administration at a higher level and
the office of the Leading Group, and shall also circulate the
aforesaid pollution accident to the competent department of
environmental protection administration and the competent
department of water administration within the neighboring
territories of the upper or lower reaches of a river. The local
people's governments shall take emergency measures to remove or
alleviate the pollution hazards.

    Article 28  Inter-provincial water pollution disputes within
the territory of the Huaihe River Valley shall be investigated
and monitored by the office of the Leading Group so as to put
forward a resolution program, and shall be reported to the
Leading Group for its settlement.

    Article 29  The office of the Leading Group may, in
accordance with the authorization of the Leading Group, organize
the competent departments of environmental protection
administration and the competent departments of water
administration or other departments under the people's
governments of the four provinces to inspect the work of
prevention or control of water pollution. The units being
inspected shall truthfully report on their situations and provide
any necessary information.

    Article 30  Under any one of the following circumstances, any
unit discharging pollutants shall be ordered to close down or
suspend its operations by the relevant people's government at or
above the county level:

    (1) Causing severe pollution and not worth the cost of
elimination and control; or

    (2) Discharge of pollutants by an industrial enterprise which
still exceeds the limits after Jan. 1, 1998.  

    Article 31  Any unit that has failed to complete elimination
and control by the required deadline shall be ordered by the
competent department of environmental protection administration
under the local people's governments at or above the county level
to discharge pollutants in a limited amount, and may also be
subject to a fine of up to 100,000 yuan; if the circumstances
are serious, the aforesaid unit shall be ordered by the relevant
people's governments at or above the county level to close down
or suspend its operations.

    Article 32  Any unauthorized establishment or enlargement of
a sewage outfall within the administrative areas of rivers,
lakes, reservoirs or canals shall be ordered to be dismantled by
the competent department of environmental protection
administration or the competent department of water
administration under the local people's government at or above
the county level, and may also be subject to a fine of up to
50,000 yuan.

    Article 33  Newly constructed chemical pulp paper making
enterprises, small enterprises engaged in hide processing,
chemical industry, printing and dyeing, electroplating, brewing
or other activities which may cause severe pollution, or strictly
limited projects which are constructed without approval, shall be
ordered by the relevant people's government at or above the
county level to suspend construction or close down, and the
competent department of environmental protection administration
may impose a fine of up to 200,000 yuan.

    Article 34  Where the competent department of environmental
protection administration exceeds the control index of the total
amount of discharged pollutants set for its administrative area
to approve an environmental impact statement for a construction
project, disciplinary sanctions shall be imposed on leading
members and other personnel bearing direct responsibilities as
described in laws or regulations. If any action constitutes a
crime, criminal responsibility shall be investigated according
to law.

    Article 35  Where pollutants are excessively discharged in
violation of the program for controlling the discharge of
pollutants from pollution sources in the dry season, the
competent department of environmental protection administration
under the people's government at or above the county level shall
order the unit discharging pollutants to make amends, and may
also impose a fine of up to 100,000 yuan; if the circumstances
are serious, the relevant people's government at or above the
county level shall order the unit discharging pollutants to
suspend its operations or close down, and disciplinary
sanctions shall be imposed on leading members and other personnel
bearing direct responsibilities as described in laws or
regulations.

    Article 36  An order for the suspension of construction or
operation or the shut-down of an enterprise or institution, as
described in these Regulations, shall be issued by the people's
government which set the deadline for the elimination and
control of pollution. An order for the suspension of construction
or operation or the shut-down of an enterprise or institution
directly under the jurisdiction of the central government shall
be submitted to and approved by the State Council.

    Article 37  The maximum fine which may be imposed by the
competent department of environmental protection administration
or the competent department of water administration under the
people's government at the county level shall not exceed 10,000
yuan; the imposition of a fine of more than 10,000 yuan shall be
reported to and approved by the competent department of
environmental protection administration or the competent
department of water administration at the next higher level .

    The maximum fine which may be imposed by the competent
department of environmental protection administration under the
people's government of a districted city shall not exceed 50,000
yuan; the imposition of a fine of more than 50,000 yuan shall be
reported to and approved by the competent department of
environmental protection administration at the next higher level.

    Article 38  Management of a sluice which violates the
adjustment and control program for preventing pollution shall be
ordered to be corrected by the competent department of water
administration under the people's government at or above the
county level; disciplinary sanctions shall be imposed on
leading members and other personnel bearing direct
responsibilities as described in laws or regulations.

    Article 39  Should a water pollution accident occur that
leads to heavy economic losses or personal injuries or deaths,
the leading member and other personnel bearing direct
responsibilities for such an accident, whose acts constitute a
crime, shall be investigated for criminal responsibility
according to law.

    Article 40  Those who, in violation of the public order,
refuse or obstruct state functionaries bearing the
responsibilities prescribed in these Regulations from performing
their legal duties shall be punished pursuant to the provisions
of the Regulations of the People's Republic of China Concerning
Administrative Penalties for Public Security; if their acts
constitute a crime, criminal responsibility shall be investigated
according to law.

    Article 41  Any state functionary bearing the
responsibilities prescribed in theses Regulation who abuses his
authority, plays favouritism and commits irregularities, or is
negligent of his duties or who refuses to perform his duties,
if the act constitutes a crime, shall be investigated for criminal
responsibility according to law; if such act does not constitute a
crime, the state functionary in question shall be subject to
disciplinary sanctions.

    Article 42  The people's governments of the four provinces
may respectively formulate their own implementation measures
based on these Regulations.

    Article 43  These Regulations shall come into force as of
August 8, 1995.