|
Regulations of the Shenzhen Municipality on Water Saving
|
|
(Adopted
at the Thirty-Fifth Meeting of the Standing Committee of the
Third Shenzhen Municipal People'
s Congress on December 30,
2004, approved at the Sixteenth Meeting of the Standing
Committee of
the Tenth Guangdong Provincial Congress on January
19, 2005) |
|
|
|
Chapter I General
Provisions
|
|
|
|
Article 1 In order to
strengthen the administration of water saving, rationally and
effectively use water
resources, and promote the sustainable
development of society and economy, these regulations are hereby
formulated in accordance with Law
of the People' s Republic of China on Water and other laws,
regulations, and in the light of the practical conditions of
this city. |
|
|
|
Article 2 Water
saving shall follow the principle of unified planning, total
volume control, planned water
consumption, comprehensive
utilization, and emphasis on benefits. |
|
|
|
Article 3 The
Shenzhen Municipal People' s Government (hereinafter referred
to as the municipal government)
shall work out a unified water
saving plan according to this municipality' s plan of national
economy
and social development, and incorporate it into the
overall city plan. |
|
The bearing capacity of water resources shall be taken
into full consideration for the size of city development,
distribution of major construction projects, adjustments of
industrial structure, and urban construction,
and the projects
of high-volume water consumption shall be under strict control. |
|
It shall be vigorously pursued to take water-saving
measures, spread new technology and new techniques to save
water, foster and develop water-saving industries, agriculture
and service sectors, and build up
a water-saving city. |
|
|
|
Article 4 In
the light of the practical conditions of the water resources of
this city, the municipal government
shall protect and rationally
develop, utilize water resources; encourage and support the
development
and utilization of waste water, recycled water,
seawater and rainwater, etc.,
and take them into comprehensive consideration in the city
planning
and construction.
|
|
The comprehensive utilization of
waste water, recycled water, seawater and rainwater shall be
brought
into the water saving plan.
|
|
|
|
Article
5 The administrative department of the municipal government
in charge of water affairs (hereinafter referred to as
the
municipal department of water affairs) shall be responsible for
the administration of water
saving in the whole city, and
discharge the following duties according to law:
|
|
(1)
to work out the water saving plan and various quotas of
water consumption jointly with the related department, report
them to the municipal government and organize their
implementation after approval;
|
|
(2)
to administer the balance tests of water volume of the
water-using units;
|
|
(3)
to examine the evaluation reports of construction
projects on water consumption and water saving, organize the
examination and acceptance of the completed facilities of water
saving;
|
|
(4)
to do planning and management for the utilization of
waste water, recycled water, seawater and rainwater;
|
|
(5)
to do other administration work for water saving.
|
|
The
municipal department of water affairs may entrust the municipal
office of
|
|
water-saving
administration with the specific administration of water saving.
|
|
|
|
Article
6 The related departments of governments shall, within the
scope of their duties, cooperate with the departments in
charge
of water affairs to work on water saving, and take advanced,
scientific plans and measures
of water saving into full account
in formulating their industrial development plans.
|
|
|
|
Article
7 The governments at various levels shall launch a campaign
of extensive propaganda and education on water saving,
and
heighten the consciousness of all the people on this matter.
|
|
The municipal department of water
affairs shall make a plan of propaganda on water saving for
public
interests, and develop the activities of propaganda on
water saving for public interests on the regular basis.
|
|
The news media shall be active in
the propaganda on water saving for public interests, and
disclose
the acts of water wasting.
|
|
Any unit and individual shall
have the obligation to save water.
|
|
|
|
Chapter
II Plan and Quota
|
|
|
|
Article 8 The
departments of the municipal government in charge of development
and reform shall join the municipal
department of water affairs
for organizing the formulation of a city-wide annual plan of
water
consumption and conducting the total volume control of the
annual water consumption of this city in accordance with
the
annual plan of national economy and social development, the
water saving plan, the conditions
of water resources and water
supply, and the demand for water.
|
|
|
|
Article
9 The administration of water saving shall be divided into
two categories: resident users for daily life and unit users.
|
|
Resident users for daily life
shall be under the administration of water consumption by
quotas;
unit users shall be under the administration of water
consumption by combination of plans and quotas.
|
|
The resident users for daily life
referred to in these regulations shall mean the users who, as
residents, take acts to use water at their residential places
for the needs of daily life.
|
|
The unit users referred to in
these regulations shall mean the non-residential users which
take
acts to use water in the course of production, operation,
scientific research, teaching, management, etc. A unit
user
whose actual annual consumption of water exceeds 30,000 cubic
meters shall be the key unit
user, a unit user whose actual
annual consumption of water is less than 30,000 cubic meters
shall
be the ordinary unit user.
|
|
|
|
Article
10 The quotas of resident users for daily life shall be
worked out by the municipal department of water affairs
according to the water saving plan and the conditions of water
resources and water consumption of the
whole city, reported to
the municipal government and made public for implementation
after approval.
|
|
|
|
Article
11 The quotas of water consumption for industries shall
follow the standards formulated by the state and province. If
the standards have not been formulated, the municipal department
of water affairs shall join in
with the municipal department of
supervision of quality and technology and the departments in
charge
of the related industries to formulate the quotas of
water consumption for these industries, report them to the
municipal government and make them public for implementation
after approval.
|
|
The quotas of water consumption
for industries shall be formulated on the basis of the rational
water consumption level determined by the balance tests of water
volume, and revised periodically according to the
change in
demand for water, technological progress, and economic
development.
|
|
|
|
Article
12 The municipal department of water affairs shall work out
the measures on carrying out the balance tests of water
volume
and make them public.
|
|
A unit user shall have at least
one balance test of water volume every three years, and the
balance
test shall be redone if there is a change in the
structure of products or technology. The results of the balance
tests of water volume shall be reported to the municipal,
district departments of water affairs.
|
|
|
|
Article
13 A unit user shall report an annual plan of every
month' s water consumption for approval according to the quota
of water consumption for the industry, the level of rational
water consumption determined by the
balance test of water
volume, and the total volume of water consumption, etc.
|
|
The municipal, district
departments of water affairs shall examine and approve the water
consumption
plan of a unit user according to the whole city' s
annual water consumption plan, the quota of water consumption
for the industry and the corresponding industrial policy, the
level of rational water consumption
for a unit user, and the
demand of development, etc.
|
|
The water consumption plan of a
unit user shall be examined and approved or placed on file once
every year. If it has not been examined and approved or placed
on file, the total volume of annual water consumption
shall be
rationally determined according to the average of the total
volume of annual water consumption
of the last three years and
the demand of development; if the period of water consumption is
less
than three years, the total volume of annual water
consumption shall be rationally determined according to the
volume of actual water consumption and the quota of water
consumption for the industry.
|
|
|
|
Article
14 The water consumption plan of a key unit user whose
annual water consumption is planned to be more than 50,000 cubic
meters shall be examined and approved by the municipal
department of water affairs, the water consumption
plan of a key
unit user whose annual water consumption is planned to be
between 30,000 and 50,000
cubic meters shall be examined and
approved by a district department of water affairs, the water
consumption plan of an ordinary unit user shall be reported to a
district department of water affairs for record.
|
|
A key unit user which has bee
proved through the examination of the municipal department of
water
affairs to be up to the national standards of the water
saving enterprise (unit) shall report its water consumption
plan
of the next year according to the actual needs to the municipal
department of water affairs
for record.
|
|
|
|
Article
15 A unit user shall submit an application form of the
monthly water consumption plan of the next year to a municipal
department of water affairs before December 1 every year, the
department of water affairs shall
do the examination and
approval, and notify the user within 15 business days from the
date of accepting
the application, if the examination, approval
and notification have not been done after the deadline, it shall
be regarded as approval of the application.
|
|
The departments of water affairs
shall make the catalogue of the materials needed for a unit user
to apply for its water consumption plan and the model copy of
application form, etc., available for the public
in their
offices.
|
|
|
|
Article
16 If a unit user needs to adjust its water consumption
plan, it shall apply to a department of water affairs, and the
department of water affairs shall make an adjustment within 5
business days according to the procedure
of examination,
approval and placing on file which is stipulated by these
regulations.
|
|
|
|
Article
17 The first water consumption plans of the projects of
construction, extension, reconstruction shall be examined and
approved according to the designed volume of water consumption
after the water saving facilities
have been examined and
accepted.
|
|
|
|
Article
18 The exploitation of underground water and extraction of
water by self-built facilities shall be brought under strict
control. If it is indeed necessary to exploit underground water
and to extract water by self-built
facilities, the scientific
proof shall be given, and the formalities to process a permit
for water-taking
shall be gone through according to law. The
volume of taken water shall be all brought into line with the
water consumption plan of this unit.
|
|
|
|
Article
19 Water-supplying enterprises shall supply unit users water
according to the plans examined and approved or placed
on file.
|
|
|
|
Article
20 If normal water supply cannot continue because of the
shortage of water resources, the municipal department of water
affairs may, after reporting to the municipal government and
having its approval, issue the order
to unit users to restrict
their water consumption; if it is necessary, the order may also
be issued
to resident users for daily life to restrict their
water consumption.
|
|
|
|
Article
21 The base price of water shall be fixed and adjusted
according to the related laws and regulations, reported to the
municipal government after public hearing and made public for
implementation after approval.
|
|
|
|
Article
22 If water consumption exceeds the quota and plan, it shall
be dealt with by a system of collection of fees based on
progressive increase in price grade by grade.
|
|
The fees coming from the
increased part above the base price as a result of the water
consumption
beyond the quota by resident users and beyond the
plan by unit users shall be collected by water-supplying
enterprises at the same time when they are collecting their
water charge, and such fees shall be all
handed over to a
special account of public finance to be managed in two lines of
income and expenditure,
spent on research and development as
well as dissemination and application of water-saving
technology,
facilities, equipments, construction of water-saving
works, propaganda, training, commendation for water saving,
and
other work determined by the municipal government and related to
water saving.
|
|
|
|
Article
23 The water consumption of resident users for daily life
within the quota shall be charged according to the base price
of
water, the part of water consumption beyond the quota shall be
charged according to the increased
price.
|
|
The water consumption plans of
unit users shall be checked every month, if the water
consumption
of a unit user exceeds the planned volume by less
than 10% (including 10%), a department of water affairs shall
give a warning; if the water consumption exceeds the planned
volume by more than 10%, it shall
be charged according to the
increased price.
|
|
The specific rates of increase in
price shall be worked out by the municipal government.
|
|
|
|
Chapter
III Water Saving
|
|
|
|
Article 24 An
assessment system of water consumption and water saving shall be
put in practice for the water
consumption of construction
projects.
|
|
The projects of construction,
extension and reconstruction whose designed volume of annual
water
consumption is more than 30,000 cubic meters shall have
their evaluation reports on water consumption and water
saving
to be worked out during the period of feasibility studies, and
the plans of water-saving
measures shall be worked out as well.
The reports of feasibility studies of other construction
projects shall include the contents of evaluation of water
consumption and water saving.
|
|
The measures on the formulation
and examination of evaluation reports on water consumption and
water
saving shall be specifically worked out by the municipal
department of water affairs, reported to the municipal
government and put into execution after approval.
|
|
|
|
Article
25 The projects of construction, extension, and
reconstruction shall have the accessory facilities of water
saving to be constructed. The facilities of water saving and the
principal part of the projects shall be
designed, constructed
and put to use at the same time. When a construction project has
been completed,
the unit in charge of construction shall apply
to a department of water affairs for the examination and
acceptance of the completed facilities of water saving.
|
|
When a project of construction,
extension or reconstruction having a designed volume of annual
water
consumption of more than 30,000 cubic meters is reported
for construction, a report on the construction of water-saving
facilities approved by a department of water affairs shall be
submitted.
|
|
Unit users shall not stop using
already completed water-saving facilities without authorization.
|
|
As for already completed
construction projects, water-saving facilities shall be built
and improved
gradually.
|
|
|
|
Article
26 Water-saving facilities shall meet the related standards,
rules, technological standards and reports on the construction
of accessory facilities of water saving which have been examined
and approved.
|
|
|
|
Article
27 The departments of water affairs shall establish and
improve a statistical system of water saving.
|
|
Water-supplying enterprises
shall, according to the rules, provide for the departments of
water
affairs the related data of the water consumption of the
enterprises themselves for production and the water consumption
of unit users and resident users for daily life, etc. Unit users
shall, according to the rules,
provide the related data of the
water consumption and water saving of the units themselves for
the departments of water affairs.
|
|
The departments of water affairs,
water¨Csupplying enterprises, and key unit users shall
establish
a data transmission system for water supply,
consumption and saving and a shared data base.
|
|
|
|
Article
28 A unit user shall establish an administration system of
water saving, designate a full-time person to be responsible
for
the water saving of this unit, keep a record of water
consumption and statistical master file,
and strengthen the
daily administration of water consumption.
|
|
|
|
Article
29 Unprocessed water supplying units, realty management
units, units as house owners, and unit users shall strengthen
the maintenance and administration of water source works,
water-supplying pipelines and networks,
facilities, equipments,
and appliances of water consumption, adopt measures to prevent
seeping
and leaking, and reduce the rate of seepage and leakage.
If there is serious waste of water resources because of
inappropriate maintenance and administration and correction has
been refused, a department of water
affairs may examine and cut
the planned water consumption by a volume corresponding to the
volume
of wasted water.
|
|
The owners or managers of the
municipal facilities such as those of firefighting,
environmental
sanitation, etc., shall strengthen the
administration of the facilities, prevent water from seeping and
leaking or being taken for other use.
|
|
|
|
Article
30 Water supplying enterprises shall strengthen the recovery
and utilization of self-consumed water for production,
maintenance and management of water¨Csupplying pipelines and
networks, and avoid the waste of water
resources.
|
|
The rate of leakage and loss of
water in pipelines and networks, the proportional difference
between
produced water and consumed water in supply, the
percentage of self-consumed water for production in the total
volume of produced water of a water-supplying enterprise shall
meet the national standards or industrial
standards, the water
consumed after these standards have been exceeded may not be
calculated as
the cost of water price.
|
|
|
|
Article
31 Unit users shall adopt water-saving measures such as
recycling of water, multiple using of water, etc., reduce the
volume of consumed water, and raise the rate of repeated use of
water.
|
|
The cooling water, condensing
water of equipments of unit users shall be used through
recycling
or recovering, and may not be directly discharged.
|
|
If the rate of repeated use of
industrial water, the rate of recycled cooling water and
condensing
water are lower than the national standards, the
departments of water affairs shall not increase the planned
quotas of water consumption.
|
|
|
|
Article
32 In case of production of beverage and drinking water by
using water as a primary raw material, the utilization ratio
of
raw-material water shall not lower than the related standards;
the remaining water after production
shall be recovered for use
and may not be directly discharged.
|
|
|
|
Article
33 In case of operation of bathhouses, swimming pools, and
water entertainment, etc., the facilities for water recycling
and other water-saving facilities shall be installed.
|
|
|
|
Article
34 In case of engaging in car washing, the technology of car
washing with low level of water consumption shall be adopted,
the equipments of car washing with recycled water or the waste
water after treatment shall be used
for car washing.
|
|
|
|
Article
35 It shall be forbidden to produce, distribute and use the
techniques, equipments, and products which should be disused
according to the official decrees of the state, province,
municipality because of their technological
backwardness and
high-volume water consumption.
|
|
|
|
Article
36 The municipal department of water affairs shall join in
with the related departments to draw up a catalogue of
water-saving techniques, equipments, appliances, and publish it
periodically.
|
|
Unit users and resident users for
daily life shall be encouraged to adopt or use the water-saving
techniques, equipments and appliances listed in the catalogue
mentioned in the preceding section.
|
|
|
|
Article
37 The charge for water consumption shall be calculated on
the basis of consumed volume, and it shall be forbidden to
charge a fixed fee for a fixed period of time without limit to
the volume of water consumption.
Water-supplying enterprises
shall install a water meter, which meets the standards and is
verified
as qualified by a legal institution of measurement
verification, for each user.
|
|
|
|
Article
38 The governments shall encourage the research and
development of both utilization of waste water as resources and
water recycling facilities, and speed up the construction of
facilities for recovery and utilization
of waste water.
|
|
The departments of water affairs
shall actively take measures to increase the rate of recovery
and
utilization of waste water according to the state
requirements for creating water-saving cities.
|
|
|
|
Article
39 In case of construction, extension, and reconstruction of
a factory for waste water disposal, the corresponding facilities
of recovery and utilization of waste water shall be built
according to the water saving plan.
|
|
|
|
Article
40 In case of municipal water consumption in gardening,
afforestation, environmental sanitation, etc., and water
consumption in ecological landscape, the advanced technology of
water saving shall be adopted, and
the treated water and
recycled water shall be used according to the water saving plan.
|
|
|
|
Article
41 Within the scope defined by the water saving plan, the
following projects of construction, extension, and
reconstruction shall have the accessory facilities of water
recycling to be built up according the plan:
|
|
(1)
hotel, grand hotel and high-rise residential building
whose area of construction is more than 20,000 square meters;
|
|
(2)
other building or a group of buildings whose area of
construction is more than 40,000 square meters.
|
|
|
|
Article
42 Within
the scope defined by the water saving plan, an industrial zone,
|
|
vacation
resort, guesthouse, and residential quarter, etc., which have
conditions to use seawater
or waste water shall have the
accessory facilities of utilization of seawater or waste water
to
be built up according to the plan.
|
|
|
|
Article
43 If a unit user which should utilize waste water, recycled
water or seawater according to these regulations has failed
to
do so, a department of water affairs may cut its planned water
consumption by a volume corresponding
to the volume of waste
water, recycled water or seawater that this unit has failed to
utilize.
|
|
|
|
Article
44 Low-lying lawn, seeping ground shall be made popular and
adopted in planning and construction of green belts, roads.
|
|
Units and individuals shall be
encouraged to build and use the facilities of collection and
utilization
of rainwater.
|
|
|
|
Article
45 The governments at various levels shall establish an
award system for water saving, and give commendation or awards
to units or individuals falling into one of the following
categories:
|
|
(1)
the actual volume of water consumption of a key unit user
has been lower than that of the water consumption plan
for a
long time;
|
|
(2)
the loss of water in supply by a water-supplying
enterprise is apparently lower than the national standards;
|
|
(3)
distinguishing themselves by achievements in the recovery
and utilization of waste water, and in the use of seawater;
|
|
(4)
having outstanding contributions to the research and
spreading of waster-saving technology, techniques, equipments,
appliances, etc.;
|
|
(5)
having outstanding performance in the propaganda,
administration of water saving;
|
|
(6)
reporting and stopping the acts of serious water-wasting
and water-taking without authorization are proved to be
true.
|
|
|
|
Chapter
IV Legal Liabilities
|
|
|
|
Article 46 In
case of violation of these regulations by taking one of the
following acts, a department of water
affairs shall order
correction by a deadline; if correction has not been done after
the deadline,
a fine of more than 10,000 but less than 30,000
RBM shall be imposed:
|
|
(1)
unit users have failed to do the balance tests of water
volume or to report the test results according to the rules;
|
|
(2)
water-supplying enterprises, key unit users have failed
either to provide the related data for the departments of
water
affairs or to establish the data transmission systems of water
supply, water consumption
and water saving and shared data base
according to the rules;
|
|
(3)
unit users have failed to manage water saving according
to the rules.
|
|
|
|
Article
47 In
case of violation of these regulations by taking one of the
following
|
|
acts,
a department of water affairs shall order correction and impose
a fine of more than30,000
but less than 50,000 RMB:
|
|
(1)
a unit or an individual has failed to go through the
formalities for water taking according to law, exploited
underground water or extracted water by self-built facilities
without authorization;
|
|
(2)
a water-supplying enterprise supplies water without
authorization;
|
|
(3)
a unit user has stopped using already constructed
water-saving facilities without authorization;
|
|
(4)
unprocessed water supplying units, unit users, water
supplying enterprises, etc, have failed to manage and maintain
the facilities of water supplying, water using in a proper way
so that water resources have been
wasted considerably;
|
|
(5)
water supplying enterprises have calculated as part of
the cost of the water price the water consumed after the
standards of the rate of leakage and loss of water in pipelines
and networks, the proportional difference
between produced water
and consumed water in supply, the percentage of self-consumed
water for
production in the total volume of produced water of a
water-supplying enterprise have been exceeded;
|
|
(6)
unit users have failed to adopt the water-saving measures
to recycle water, recover and utilize the remaining water
according to the requirements, etc.;
|
|
(7)
water supplying enterprises have failed to install water
meters according to the rules, failed to collect water fees
according to how much water is consumed, or collected fixed
water fees for a fixed period;
|
|
(8)
units in charge of construction have failed to build the
accessory facilities to use waste water, recycled water
or
seawater according to their plans.
|
|
|
|
Article
48 In
case of violation of the related rules of these regulations by
|
|
producing,
distributing and using the techniques, equipments, and products
which should be disused
according to the official decrees of the
state, province, and municipality, a department of supervision
of quality and technology shall order correction by a deadline;
if correction has not been done after the
deadline, a fine of
more than 50,000 but less than 100,000 RMB shall be imposed.
|
|
|
|
Article
49 If the party concerned refuses to accept specific
administrative acts taken by a department of water affairs and
the related departments, an application for administrative
review may be filed or an administrative
action may be taken
according to law.
|
|
|
|
Article
50 If the departments of water affairs and the related
departments do not discharge their duties according to these
regulations, administrative sanctions shall be imposed on the
directly responsible chief officers
and directly responsible
persons according to law.
|
|
If the personnel of the
departments of water affairs and the relates departments abuse
power, practice
favoritism and engage in irregularities, and
neglect duties, the units which they are affiliated with or the
departments of supervision shall impose administrative sanctions
according to law; if a crime has
been constituted, the criminal
responsibility shall be ascertained according to law.
|
|
|
|
Chapter
V Supplementary Provisions
|
|
|
|
Article 51 The
municipal government may draw up the detailed rules on
implementation according to these regulations.
|
|
|
|
Article
52 These regulations shall take effect as of March 1, 2005. |
