Laws of the Guangdong Province

Provisional Measures of Shenzhen Special Economic Zone on Construction and Administration of Middle-Water Facilities

(Adopted at the fortieth permanent meeting of the Shenzhen Municipal People' s Government on November 28, 1992, and promulgated by Decree No.3 of the Shenzhen Municipal People' s Government on December 31, 1992)

Article 1 In order to strengthen the administration of using water frugally in the Shenzhen Special Economic Zone (hereinafter referred to as the Special Zone), to use water resource scientifically and reasonably, and to build a modern city in the style of using water frugally, these measures are formulated according to the Water Law of the People' s Republic of China and relevant regulations of the country.

Article 2 The middle-water mentioned in these measures, refers to water not for drinking, which meets the quality standard of water and may be used repeatedly in the range stipulated in article 3 of these measures, after part of the life sewage is handled and purified.

The middle-water facilities mentioned in these measures, refers to handling and purifying, collecting, supplying, computing and detecting facilities of middle-water and other relevant facilities.

Article 3 The middle-water shall only be used in the range of:

1. Washing closets, watering gardens, cleaning roads and washing cars;

2. Supplementing the water in fountains and cooling equipment of air-conditions;

3. Other water not for drinking.

Article 4 Those, who newly build the following projects in the area of the Special Zone, shall construct and equip with middle-water facilities in according to regulations,

1. Hotels, restaurants, apartments (including those for office user) and houses, and high-rise buildings for living and business, whose building area exceeds 20,000 square meter, and whose daily total use of water for living exceeds 250 cubic meter;

2. Organs, science research departments, enterprises, universities and colleges, and large comprehensive buildings for literature and sports, whose building area exceeds 40,000 square meter, and whose daily total use of water for living exceeds 250 cubic meter;

3. Districts of residences and centralized buildings, which shall be equipped with middle-water facilities in according to plans;

4. Single industry enterprise and tract developed industry districts, whose daily discharged high-grade mixed-discharging water exceeds 250 cubic meter.

As to the existent buildings in the Special Zone, which accord with the provisions stipulated in items 1, 2 and 3 of the above paragraphs, and are qualified to construct middle-water facilities, they shall construct and equip with middle-water facilities gradually, according to the planning of the municipal competent department of planning state-owned land.

Article 5 As to the industry and civil buildings, facing the sea and along the eastern and western seashore of the Special Zone, and which are qualified to use seawater as the source of middle-water, they shall construct facilities to use seawater as the source of middle-water gradually, according to the planning of the municipal competent department of planning state-owned land.

Article 6  The municipal competent department of planning state-owned land is in charge of the overall planning and design examination of the construction of middle-water facilities in the whole municipality. It shall not grant construction license to those projects and programs, which fail to design middle-water facilities as stipulated.

Article 7 The middle-water facilities shall be designed, constructed and delivered for use at the same time with the main project. The construction investment of the middle-water facilities shall be brought into the budget and financial account of the main project.

Article 8  The pipeline and water box of middle-water are forbidden to be connected directly with those of tap water. The outside of the equipment of middle-water such as pipeline and water box shall be painted shallow green.

Article 9 The municipal competent department of construction is in charge of supervising and managing the construction of middle-water facilities, and making checkup for acceptance of a completed project, ensuring that the middle-water facilities are constructed and completed at the same time with the main project in according to the approved design. The municipal competent department of construction shall not grant completion certification to the projects and programs, which are unqualified in the acceptance check of middle-water facilities. The water supply department shall not supply water to them either.

Article 10 The municipal competent department of planning state-owned land shall put the construction of middle-water facilities in the content of acceptance check, when carrying out acceptance check according to the provisions of the City Planning Law of the People' s Republic of China.

The municipal competent department of planning state-owned land shall not register the property rights of the following projects and programs, and shall not approve them to be put into use:

1. Not constructing the middle-water facilities listed in the plan;

2. Changing the construction content, handling craft and scale in the approved blueprint of middle-water facilities without authorization;

3. Whose middle-water facilities are unqualified in the acceptance check made by the municipal competent department of construction.

Article 11  The house administration department is in charge of daily managing and maintaining middle-water facilities, after they are qualified in acceptance check and be put into use.

The house administration department shall carry out the following responsibilities:

1. Enacting its administration system and working instructions of middle-water facilities;

2. Guaranteeing that the middle-water facilities function normally and the quality of water meets the stipulated standard.

Article 12 The municipal competent department of city administration is in charge of skill training of the managerial personnel of middle-water facilities. The managerial personnel of middle-water facilities shall be granted certification of competency by the municipal competent department of city administration after being trained and qualified, and shall not engage in managing middle-water facilities without certification of competency.

Article 13 The quality of middle-water shall meet the various standards of water quality listed in the attached list of these measures, before the national design criterion of constructing middle-water are issued formally.

Article 14 The municipal competent department of city administration is in charge of supervising and managing the operation of middle-water facilities in the whole municipality.

Article 15 When the middle-water facilities are damaged because of bad administration and can not be used any longer, the municipal competent department of city administration shall order the house administration department to repair and put them into use in limited time; when the quality of middle-water can not meet the stipulated standard, the municipal competent department of city administration shall order the house administration department to make it meet the standard in limited time. When the house administration department fails to repair and return middle-water facilities to use or to make the quality of middle-water to meet the stipulated standard, the municipal competent department of city administration may impose it a fine of 100,000 yuan, impose the leading official of the department a fine of 5,000 yuan. The municipal competent department of city administration may reduce 50% quota of the water supplied at fair price of the house administration department, and may suggest relevant competent department to impose administrative penalties on the leading official of the house administration department, when the middle-water facilities can not be returned to use or the quality of middle-water can not meet the stipulated standard, after 30 days from the date of fine.

The water used by the house administration department, which exceeds the quota of supplying water at fair price, shall be charged at negotiated price.

The house administration department shall not shift its expenditures, under administrative penalty stipulated in paragraph 1 and 2 above, on to consumers because of any reasons; otherwise, the municipal competent department of city administration shall order it to return the shifted fees to consumers, and impose a fine of five times the total amount of the shifted fees to consumers.

Article 16 When a party concerned disagrees with the decision of administrative penalty, he may apply to the administration review office of the Shenzhen municipal people' s government for review within 15 days upon the reception of the decision. When the party disagrees with the decision of review, he may bring litigation to the people' s court within 15 days upon the reception of the decision of administrative review.

When the party does not apply for review, nor bring litigation to the people' s court, nor implement the decision of administrative penalty, the municipal competent department of city administration may apply to the people' s court for compulsory enforcement.

Article 17 All penalty revenue listed in these measures shall be turned in to the municipal public finance and shall not be intercepted and held by any unit or individual.

The expenditures necessary for the municipal competent department of city administration to implement these measures shall be allocated from the municipal public finance in unification.

Article 18 Those departments and persons, who implement these measures earnestly, and make outstanding achievements and have notable effects in managing middle-water facilities and using water frugally, shall be awarded by the municipal people' s government or relevant competent department.

Article 19 The construction and administration of middle-water facilities in the Baoan District and the Longgang District shall be implemented referring to these measures.

Article 20 These measures shall go into effect as of the date of promulgation.