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| Category | ENVIRONMENTAL PROTECTION | Organ of Promulgation | The State Council | Status of Effect | Invalidated |
| Date of Promulgation | 1989-07-12 | Effective Date | 1989-09-01 | Date of Invalidation | 2000-03-20 |
|
Rules for Implementation of the Law of the People's Republic of China on the Prevention and Control of Water Pollution |
|---|
Article 1 These Rules are formulated according to provisions of
Article 45 of the Law of the People's Republic of China on the Prevention and
Control of Water Pollution.
Article 2 Competent departments under the State Council and local
people's governments at various levels shall incorporate water environment
protection into their national economic and social development plans.
Economic and construction departments of people's governments at various
levels shall, in the light of the requirements for water environment
protection set forth by the people's government at the corresponding level,
incorporate water environment protection into their production and
construction plans.
Article 3 Funds, materials and equipment needed for the prevention and
control of water pollution in a construction project shall be arranged
together with the principal part of the project.
Article 4 Local supplementary water environment quality standards and
local pollutant discharge standards involving two or more provinces,
autonomous regions or municipalities directly under the central government
shall be established through consultation by relevant provinces, autonomous
regions or municipalities directly under the central government, and be
submitted to the environmental protection department under the State Council
for record.
Article 5 Units and individuals having made remarkable contributions to Article 6 When projecting the minimum discharge of a dam of large or Article 7 With regard to the planning and adjustment of various water Article 8 With regard to construction projects using imported Article 9 Enterprises and institutions discharging pollutants into water Those discharging pollutants in excess of the national or local pollutant Overall pollutant discharge indexes for newly constructed, reconstructed Overall pollutant discharge indexes for the existing enterprises and Measures for the administration of pollutant discharge license shall be Article 10 With submission of a Reporting and Registration Form for Article 11 When any pollutant treatment facilities are to be dismantled Article 12 Units who are ordered to make elimination or controlling of Environmental protection department shall inspect the elimination or Article 13 For making on-site inspections on the pollutant discharging Article 14 When making on-site inspections, the environmental protection (1) the situation of pollutant discharge; (2) the situation of functioning, operation and management of the (3) models of the monitoring instruments and equipment and the results of (4) monitoring and analysis methods adopted and monitoring records; (5) the situation of the elimination or control ordered to be completed (6) information about accidents and relevant records; (7) information about the adoption and use of productive technologies and (8) other information and materials related to the prevention and control Article 15 If a water pollution accident is caused by an enterprise or Upon receipt of the preliminary report on the water pollution accident, Article 16 When any sewage outfall needs to be relocated, the pollutant Article 17 If any sewage outfall is to be located near a water body Article 18 When industrial waste water or urban sewage is used for Article 19 Ships navigating inland rivers shall be equipped with Ships without pollution-prevention equipment or with the equipment that Article 20 Ships navigating inland rivers must hold pollution-prevention Article 21 Harbors and wharves shall be equipped with receiving and Waste oil, residual oil or refuse of ships shall not be discharged into Article 22 Ships in harbor to conduct the following operations must (1) washing decks or holds of ships carrying poisonous goods or dusty (2) discharging ballasting water, hold washing water, waste water from (3) making use of anti-oil chemicals. Article 23 When loading or unloading a ship in harbor or wharf with oil Article 24 If an accident occurs to a ship resulting in causing or Article 25 Units engaging in shipbuilding or ship repairing, Article 26 In exploiting groundwater from multiple aquifers, layered (1) aquifers with salt water, semi-salt water or brine water; (2) polluted aquifers; (3) aquifers with poisonous or harmful elements in excess of the (4) aquifers with underground hot water, hot spring or mineral water Article 27 When any exploration project needs to expose or run through Article 28 If any grotto or civil air defenses is to be used for other Article 29 If a mine shaft or pit discharges poisonous or harmful waste Article 30 Water used for artificial recharge of groundwater shall Article 31 Fines under Article 37 of the Law of the People's Republic of (1) those who commit the act listed in Item (1), Paragraph 1, Article 37 (2) those who commit the act listed in Item (2), Paragraph 1, Article 37 (3) those committing the act listed in Item (3), Paragraph 1, Article 37 (4) those who commit the act listed in Item (4), Paragraph 1, Article 37 (5) those who commit the act listed in Item (5), Paragraph 1, Article 37 Article 32 A fine made under Paragraph 1, Article 38 of the Law of the Article 33 Fines under Article 39 of the Law of the People's Republic of (1) enterprises or institutions causing a water pollution accident may be (2) if heavy economic losses are caused, the fine shall be 30% of the Article 34 Those, without a pollutant discharge license or a temporary Those discharging pollutants not in accordance with provisions by the Article 35 A fine given by the environmental protection department of A fine given by the environmental protection department of the A fine given by the environmental protection department of the people's Article 36 Paying the fee for pollutant discharge or for excess Article 37 In case of any discrepancy between China's law and any Article 38 Relevant departments of the State Council and people's Article 39 These Rules shall enter into force on September 1, 1989.
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the prevention and control of water pollution shall be awarded by people's
governments.
Chapter II Supervision and Management of the Prevention and Control of
Water Pollution
medium-sized reservoirs, competent departments under the State Council and
competent departments under local people's governments at various levels
shall take into consideration the sustainment of the natural purification
capacity of water bodies in the lower reaches, and solicit opinions from
environmental protection departments of the people's governments at county
level or above at the places concerned.
body reserves, environmental protection departments at county level or above
shall, in conjunction with other relevant departments, put forward a plan and
submit it to the people's government at the corresponding level for approval;
if two or more provincial- or county-level administrative regions are
involved, the plan shall be submitted to their higher-level people's
government for approval.
technologies or equipment and with a need to discharge pollutants into water
bodies, facilities for the prevention and control of water pollution shall be
provided, so as to ensure the pollutant discharge by the project shall not
be in excess of the national or local pollutant discharge standards.
bodies must submit a Report and Registration Form for Pollutant Discharge to
the local environmental protection department. Upon receipt of the Report and
Registration Form for Pollutant Discharge, the environmental protection
department shall, after investigation and verification, issue pollutant
discharge licenses to those whose pollutant discharges are not in excess of
the national or local pollutant discharge standards or the overall pollutant
discharge indexes set for enterprises and institutions by the state.
discharge standards or the overall pollutant discharge indexes set for
enterprises and institutions by the state shall be ordered to make
elimination or control of pollution within a specified period, and a
temporary pollutant discharge license shall be issued to them for said period.
or extended enterprises and institutions shall be determined according to the
environmental impact statements.
institutions shall be determined according to the environment quality
standards, the local situation of pollutant discharge and the economic and
technical conditions.
formulated separately by the environmental protection department under the
State Council.
Pollutant Discharge, enterprises and institutions discharging pollutants in
excess of the national or local pollutant discharge standards shall give
reasons for the excess as well as their measures for eliminating or
controlling the pollution within a time limit.
or left idle, a report shall be submitted in advance to the local
environmental protection department with the reasons given. After receiving
the report, the environmental protection department shall give answer within
one month; failure to give answer within one month shall be deemed as
approval.
pollution within a time limit shall report regularly the progress of
the elimination or control to the environmental protection department.
controlling situation, check and accept the completed project for elimination
or controlling, and report the checking and accepting results to the people's
government at the corresponding level.
units under their jurisdiction, the environmental protection departments or
relevant supervisory and administrative departments of people's governments
at various levels must hold an inspection certificate issued by the
environmental protection department of the people's government at the
province-governed city level or above.
departments or relevant supervisory and administrative departments of
people's governments at various levels may, according to the actual needs,
require the units being inspected to provide the following information and
materials:
pollutant treatment facilities;
calibration;
within a time limit;
raw or processed materials related to pollution; and
of water pollution.
institution, the enterprise or institution shall, within 48 hours after the
occurrence of the accident, submit a preliminary report to the local
environmental protection department on the time, location and the type of the
accident, the pollutant discharge volume, the economic losses and the
situation of victims, etc. and, upon completing the investigation of the
accident, make a written report to the local environmental protection
department on the cause, course and the harmfulness of the accident, the
measures adopted, the settlement results, the potential or indirect
harmfulness, social effects and legacies of the accident and the future
precaution measures, etc., with relevant certifications attached.
the environmental protection department shall, in conjunction with other
relevant departments, promptly adopt measures to reduce or eliminate the
pollution, and conduct monitoring on the water bodies that the accident may
have endangered. The accident shall be investigated and dealt with by the
environmental protection department or other relevant department authorized
by it.
Chapter III Prevention of Surface Water Pollution
discharging unit shall make a motion on the basis of technical demonstration,
and submit it to the environmental protection department of the people's
government at county level or above for approval.
reserve, approvals must be obtained in advance from the environmental
protection department of the people's government at county level or above and
the competent department for the water body reserve.
irrigation, the agricultural department of the people's government at
county level or above shall conduct regular monitoring on the quality of the
waste water or sewage, the soil and the agricultural products, and adopt
appropriate measures to protect the soil, groundwater or agricultural
products from pollution.
pollution-prevention equipment which conforms to the ship's pollution-
prevention structure and equipment standards stipulated by the state, and
must hold a certificate of quality issued by ship inspection authorities.
fails to conform to the ship's pollution-prevention structure and equipment
standards stipulated by the state shall be ordered to come up to the
specified standards within a time limit.
documents or record documents stipulated by the navigation administration.
Tankers of 150 total tonnage or more and non-tankers of 400 total tonnage or
more must hold oil record books.
treatment facilities for oil-bearing waste water, night soil and refuse.
water bodies but the receiving facilities.
submit an application to the navigation administration in advance and, after
approval, conduct the operations within the designated areas in accordance
with relevant provisions:
goods in bulk;
engine room or other residual substances; or
goods or other poisonous, corrosive or radioactive goods, the ship or the
operating unit must adopt measures for guarding against water pollution.
likely causing pollution to water bodies, the navigation administration shall
arrange compulsory salvage and elimination or compulsory tug. The expenses
arising therefrom shall be borne by the ship responsible for the accident.
disassembling or salvage must have pollution-prevention equipment. When
taking operations, they shall adopt measures to protect water bodies from
pollution by oil, oil mixtures or other refuses.
Chapter IV Prevention of Groundwater Pollution
exploitation shall be resorted to and no combined exploitation shall be
permitted with regard to the following aquifers:
domestic and drinking water hygiene standards; and
which is of medical value or special economic value.
aquifers, the work of stopping water and sealing holes aquifer by aquifer
shall be done well in accordance with relevant regulations.
purposes, seepage prevention measures must be adopted.
water, water-collection installations must be constructed around the deposit,
and measures must be adopted for guarding against underground water pollution.
basically conform to the quality standards for domestic and drinking water
sources, and an approval shall be obtained in advance from the public health
department of the people's government at county level or above.
Chapter V Legal Liability
China on the Prevention and Control of Water Pollution shall be implemented
in accordance with the following provisions:
of the Law of the People's Republic of China on the Prevention and Control of
Water Pollution, refusing to report or submitting a false report on items for
which registration is required for the discharge of pollutants, may be
given a fine between 300 and 3,000 yuan;
of the Law of the People's Republic of China on the Prevention and Control of
Water Pollution, putting into operation a construction project whose water
pollution control facilities have not been completed, may be given a fine
between 10,000 and 50,000 yuan; those putting into operation a construction
project whose water pollution control facilities fail to meet the
requirements specified in state provisions for environmental protection
management for construction projects may be given a fine between 5,000 and
20,000 yuan;
of the Law of the People's Republic of China on the Prevention and Control of
Water Pollution may be given a fine between 300 and 3,000 yuan;
of the Law of the People's Republic of China on the Prevention and Control of
Water Pollution, storing or piling any pollutant or waste, may be given a
fine between 2,000 and 50,000 yuan; those abandoning, dumping or discharging
any pollutant may be given a fine between 5,000 and 100,000 yuan; and
of the Law of the People's Republic of China on the Prevention and Control of
Water Pollution, failing to pay, as provided for by the state, the fee for
pollutant discharge, may be given a fine between 1,000 and 10,000 yuan in
addition to demanding the arrears of the fee for pollutant discharge or for
excess discharge and the late payment fine.
People's Republic of China on the Prevention and Control of Water Pollution
shall be between 10,000 and 100,000 yuan.
China on the Prevention and Control of Water Pollution shall be implemented
in accordance with the following provisions:
given a fine between 10,000 and 50,000 yuan; and
losses, with a maximum of 200,000 yuan.
pollutant discharge license, discharging pollutants not in excess of the
pollutant discharge standards stipulated by the state shall be given a
warning and ordered to obtain a license within a time limit, and may be
concurrently given a fine between 300 and 5,000 yuan.
formal or temporary pollutant discharge license shall be ordered to make
corrections within a time limit and a fine between 5,000 and 100,000 yuan
shall be given. If the circumstances are serious, the formal or temporary
pollutant discharge license may be revoked.
the people's government at county level may be up to 10,000 yuan. Those
exceeding 10,000 yuan shall be submitted to the higher-level environmental
protection department for approval.
people's government at province-governed city level may be up to 50,000 yuan.
Those exceeding 50,000 yuan shall be submitted to the higher-level
environmental protection department for approval.
government of province, autonomous region or municipality directly under the
central government may be up to 200,000 yuan.
discharge or being given a warning or fine does not mean that the relevant
unit or individual may be exempted from the responsibility to eliminate the
pollution, remove the dangers or compensate the losses.
Chapter VI Supplementary Provisions
international treaty or agreement concluded or acceded to by the People's
Republic of China concerning the prevention and control of water pollution of
international rivers or lakes or rivers or lakes along international borders,
the latter shall prevail, with the exception that China has stated
reservation.
governments of various provinces, autonomous regions or municipalities
directly under the central government may formulate their own implementing
measures according to the Law of the People's Republic of China on the
Prevention and Control of Water Pollution and these Rules and in the light of
the actual situation of their own departments or areas.
URL: http://www.asianlii.org/cn/legis/cen/laws/rfiottpacowp777