Laws of the Guangdong Province

Measures of Shenzhen Special Economic Zone on Administration of Municipal Drain

The No. 85 Decree of the People' s Government of Shenzhen Municipality

Measures of Shenzhen Special Economic Zone on Administration of Municipal Drain, adopted by the 143th Executive Meeting of the Second People' s

Government of Shenzhen Municipality as of August 5th, 1999, is hereby promulgated.

These regulations shall come into force on the date of their promulgation.

Mayor: Li Zi-bing                                      

 August 17th,1999                                     

Chapter I General Provisions

　　Article 1 These measures are formulated for the purpose of strengthening the administration of municipal drain of Shenzhen Special Economic Zone(hereinafter referred to as the Special Zone), promoting the development of municipal drain undertaking and improving the city environment.

　　Article 2 These measures shall apply to the planning and construction of municipal drain as well as the operation, maintenance and administration of municipal drainage in the city planning region.

　　Article 3 The municipal drain referred in these measures means draining to the municipal drainages directly or indirectly.

　 The municipal drainages referred in these measures mean the pipes and nets, canals, sewage pump houses, sewage factories, the final disposition facilities and relevant facilities of sewage and sullage which are used to accept and transfer city sewage, industrial waste water and rainwater.

　　Article 4 The municipal drain shall be in line with the principles of distributary of rainwater and sewage, discharge or reuse of the cleansed sewage and compensated use of municipal drainages.

　　Article 5 The development of municipal drainages shall adapt to the needs of city economic and social development in the Special Zone and be brought into the city economic and social development plan in the Special Zone.

　　Article 6 The Government shall encourage scientific research of municipal drain ,popularize the advanced technology and improve the modernization of municipal drain.

　　Article 7 The Competent Authority of Unbar Administration of the People' s Government of Shenzhen Municipality, as the competent authority of municipal drain in Special Zone (hereinafter referred to the Municipal Drain Competent Authority), shall execute the following duties according to these measures:

(1) to assist to enact the industrial policy and professional planning of municipal drain and organize to put into practice within the limit of functions and powers;

(2) to take part in the inspection of design and shop drawing of municipal drainage project and complete the check and acceptance;

(3) to manage and harmonize the businesses of municipal drain as well as to manage and maintain municipal drainages in a unified manner;

(4) to set up and perfect the records of municipal drain of the whole city and improve the rules and regulations of municipal drain administration.

The Municipal Drain Competent Authority may consign professional institution of municipal drain to exercise the specific administrative duties of municipal drain.

　　Article 8 The environmental protection department shall monitor the quality of water in the natural water system from which is drained directly or after being cleansed through municipal drainage and shall supervise and administrate the prevention of water pollution according to laws.

The municipal Administration of Land Planning, the Administration of Construction and the Administration of Water Resource shall administrate the work of municipal drain within its limit of functions and powers in accordance with laws. 

　　Article 9 The pipe and net of municipal drain that have been built in the developmental zones, industrial zones, uptowns and ports shall be checked and accepted by the Administration of Construction and be transferred to the Municipal Drain Competent Authority for unified management and maintenance after succeeding in the check and acceptance. 

The drainages within the red-line range of land used for building of the above units shall be managed and maintained by the development and construction unit or the owner under the instruction and supervision by the Municipal Drain Competent Authority. 

　　Article 10 Any unit and individual have rights to use municipal drainage as well as under the obligations to protect the drainage according to laws, more than, shall impeach and accuse any act which violates these regulations.

Chapter II Planning and Construction of Municipal Drainage

　　Article 11 The professional planning of municipal drain shall adapt to the needs of city economic and social development, the capacity and function of municipal natural water system and the developmental function of planning zones.

　　The professional planning of municipal drain shall be worked out by the municipal Planning Competent Authority with the Municipal Drain Competent Authority and the relevant departments of environmental protection, construction and water resource and shall be carried out by the construction units subjecting to the approval of municipal planning committee.

　　Article 12 The outlay on construction and alteration of municipal drainage shall be arranged synchronously by the municipal Financial Department in accordance with the professional planning demands of municipal drain and the needs of municipal drain undertaking development.

　　Article 13 The drainages within the red-line range of land used for building of the developmental zones, industrial zones, uptowns and ports shall be synchronously designed and constructed with the main project and shall be constructed by its construction unit.

　　The drainage project within the red-line range of land used for building of developmental zones, industrial zones, uptowns and ports shall be included in the budget of main project for assuring the construction funds of drainage of construction project.

　　Article 14 Any unit undertaking design and construction of municipal drain project shall has the professional competence relating to the regulations of drainage project and under the register and ratification of the municipal Administration of Construction. 

　　Article 15 The municipal Land Planning Department shall ask for opinions of the Municipal Drain Competent Authority before verifying and approving of the design of municipal drain project, and then verify and issue the Permit for Construction Project Planning according to stated procedures.

　　Article 16 After completing the newly municipal drain project within the municipal planning zone, the construction unit shall complete the check and acceptance of project within six months under the attendance of the Municipal Drain Competent Authority. If succeeding in the acceptance, the built drainage and relevant materials shall be transferred immediately to the Municipal Drain Competent Authority for management.

　　Article 17 The inspection standards and specific executive criterions during the planning ,design as well as the acceptable procedures of the municipal drain project shall be enacted and promulgated for enforcement by the municipal Department of Land Planning in the presence of the Municipal Drain Competent Authority .

　　Chapter III Measures on Drain Administration and Sewage Disposal

　　Article 18 The municipal drainage shall be used for compensation. Any unit and individual draining to the municipal drainage directly or indirectly shall pay the fees for compensated use of municipal drainage in accordance with the national standard and the rate of charge.

　　The fees for compensated use of municipal drainage shall be used wholly in subsidizing the normal operation and maintenance of municipal drainage. The municipal government shall formulate the measures and rates for fees separately. 

　　Article 19 The municipal drain carries out the distributary system of rainwater and sewage. The sewage draining to municipal drainage shall comply with the national Standard of Water Quality of Sewage Draining to Urban Cloaca and the Standard of Sewage of Integrated Discharge. The sewage surpassing the national standard shall not be discharged to municipal drainage unless it has been disposed in advance by the user of drain to comply with the national standard.

　　Article 20 Any unit and individual operator who need to drain to municipal drainage (hereinafter referred to the users of drain) shall not drain unless having applied to the Municipal Drain Competent Authority for handling the procedure of permit for drain and the procedure of pipe connection.

　　Article 21 Before draining, the user of drain shall apply to the Municipal Drain Competent Authority with concerned materials and design as well as blueprint under examination and approval by the Municipal Drain Competent Authority. The Municipal Drain Competent Authority shall approve or reply within one month upon the date receiving the application.

　　Where the user of drain complying with the standard formulated in article 19 of these measures succeeds in the inspection held by the Municipal Drain Competent Authority, the Municipal Drain Competent Authority shall issue the Permit For Drain in the unified format and handle procedure of drain pipe connection as well as put through to municipal drainage. For those cannot comply with the national standard, he shall not be issued the Permit but shall be informed in written of the reasons and measures of rectification and pretreatment by the Municipal Drain Competent Authority. The user of drain shall apply for again in the case of complying with the standard.

　　Article 22 If the developmental zones, industrial zones ,uptowns and other constructions need to drain to the municipal drainage temporarily during the construction process, they shall apply to the Municipal Drain Competent Authority for the Permit for Temporary Drain in Building Site.

　　Article 23 The pine connection project connecting the municipal drain pipes and not more than 30 meters shall be constructed by the professional institution of municipal drain consigned by the construction unit.

　　Article 24 Any accident happening to the user of drain affects the safety and normal operation of the municipal drainage, it shall be reported immediately to the Municipal Drain Competent Authority or the Professional Institution of Municipal Drain and other relevant municipal departments; it shall take necessary urgent measures to prevent pollution and endangerment in the same time. 

　　Article 25 The Municipal Drain Competent Authority and Professional Institution of Municipal Drain shall strengthen the municipal drain administration and ensure to drain the rainwater and sewage glibly.

　　In the case of intermitting partly use of drainage for construction, maintenance or emergency,the Professional Institution of Municipal Drain shall inform the user of drain immediately and take corresponding temporary drain measures to ensure normal operation of municipal drain; the concerned user of drain shall suspend draining to the drainage which has been intermitted to use according to the information and assist to repair

　　Article 26 The sewage farm which has been put into production and operation shall ensure normal operation according to the standard of design 
technics. 

Chapter IV Management and Maintenance of Drainage

　　Article 27 The Municipal Drain Competent Authority shall strengthen the maintenance, repair and management of municipal drainage and ensure that the drainage is undamaged, unblock and normal operation in accordance with the concerned national standard, regulations and operation procedure.

　　Article 28 The Professional Institution of Municipal Drain shall monitor the water quality of sewage which has been drained to municipal drainage and prevent the municipal drainage from damage by transnormal drain. 

　　Article 29 The Municipal Drain Competent Authority shall set up safeguard area and obvious warning signs for the important drainages and its affiliated facilities such as waterspout, pumping station and switching well. 

　　Any unit, who is constructing or doing other tasks which may damage the drainage within the safeguard area of municipal drainage, shall report to the Municipal Drain Competent Authority or other Professional Institution of Municipal Drain in advance and shall take corresponding safeguard and remedy measures. In the case of damaging municipal drainage for construction, the constructing unit shall take the responsibility of maintenance and compensation.

　　Article 30 The following acts affecting drain function and damaging municipal drainage shall be forbidden:

　　(1) to dump garbage, dejecta, reffinate of chemical medicine, waste oil, industrial waste residue into gully, checkwell and open channel or to discharge directly slimy sewage without being deposited to be up to standard into the building site;

　　(2) without taking any waterproof measures and resulting in the materials within the open square or storehouse being washed out or unfrozen and then being drained into gully, checkwell ,open channel and such drainages with rainwater. 

　　(3) to build temporary building or construction on the drainage or to excavate without authorization 

　　(4) to connect pipeline of municipal drain or to chisel, move and block drainage without authorization;

(5) to connect the sewage pipeline to rainwater pipeline or to do the inverse without authorization; 

　　(6) to discharge the oily sewage without being extracted oil into drainage directly without authorization;

　　(7) to discharge the chemical articles of poisonous and harmful gas or the explosives and combustibles with sewage to drainage directly;

　　(8) to open the drainages such as the well cover, fine-toothed comb of rainwater for cleaning and dredge or other purposes without setting warning sign and without authorization; or not to close the well cover or fine-toothed comb of rainwater immediately after finishing the task.

　　(9) to damage or steal the drainages such as the well cover, fine-toothed comb of rainwater.

　　Chapter Legal Responsibility

　　Article 31 Any construction unit without the professional qualification of design and construction of municipal drain project but design and construct such project shall be ordered to withdraw commission by the municipal Administration of Construction under the demand by the Municipal Drain Competent Authority and shall be punished according to relevant regulations on administration of project construction.

　　Article 32 Anyone,who uses the municipal drainage failing in check and acceptance without authorization, shall be ordered to stop using by the Municipal Drain Competent Authority. If resulting in damages, the offender shall bear the liability for damages.

　　Article 33 Anyone who, in violation of article 19 of these measures ,drains additional effluent sewage to the municipal drainage and results in damages of municipal drainage, shall bear the liability for damages and increased expenses of sewage disposal for additional effluent disposal.

　　Article 34 Anyone who conducts one of the following acts in violation of these measures shall be ordered to rectify by the Municipal Drain Competent Authority and may be fined:

　　(1) If discharge sewage into municipal drainage without authorization and without applying for the Permit for Drain or the Permit for Temporary Drain, the offender shall be fined not less than 3000 yuan but not more than 5000yuan;

　　(2) If dumping garbage, dejecta, reffinate of chemical medicine, waste oil, industrial waste residue to drainage or discharging slimy sewage directly without being deposited to be up to standard into the building site;

　　the offender shall be fined not less than 2000 yuan but not more than 3000yuan; if resulting in damages, the offender shall bear the liability for damages.

　　(3) If building temporary buildings, constructions or piling up on the municipal drainage or excavating, chiseling the pipeline and such endangering or damaging acts to municipal drainage without authorization and without approval of the Municipal Drain Competent Authority, the offender shall be fined not less than 2000 yuan but not more than 3000 yuan; if resulting in damages, the offender shall bear the liability for damages.

　　(4) If the user of drain connects his drain system to the municipal drainage secretly, he shall be ordered to make supplementary procedures of pipe connection and be fined 5000yuan.

　　 (5) If draining sewage to the rainwater pipeline or connecting the rainwater pipeline to sewage pipeline, the offender shall be fined 1000 yuan.

　　 (6) If opening the drainages such as the well cover, fine-toothed comb of rainwater without authorization or not closing the well cover or fine-toothed comb of rainwater immediately after finishing cleaning and dredge or other tasks, the offender shall be fined not less than 3000yuan but not more than 5000yuan; if resulting in damages, the offender shall bear the liability for damages.

　　 Anyone who steals or intentionally destroys the drainages such as the well cover, fine-toothed comb of rainwater shall be punished by the public security organization in accordance with the Regulations of the People' s Republic of China on Punishment in Public Order and Security Administration.

　　Article 35 Anyone who violates these measures and refuses to pay the fees for compensated use of drainage, shall be imposed a fine of 3 percent of late fee each day.

　　Article 36 Anyone ,who obstructs unreasonably or interferes the examination, monitoring, maintenance or rushing to repair by staff members of the Municipal Drain Competent Authority or professional management institution according to these measures, shall be ordered to stop obstruction or interference by the Municipal Drain Competent Authority; if the circumstances are serious, the offender shall be punished by the public security organization in accordance with the Regulations of the People' s Republic of China on Punishment in Public Order and Security Administration.

　　Article 37 Any party objecting to the administrative sanction may apply for administrative reconsideration or directly institute legal proceeding in a People' s Court.

　　If any party neither applies for administrative reconsideration, nor appeals to institutes legal proceedings in a People' s Court within specified time limit, nor performs the Decision on Administrative Sanction, the authority who made the decision on administrative sanction may apply a People' s Court for enforcement.

Chapter VII Supplementary Provisions

　　Article 38 These regulations shall come into force on the date of their promulgation.