Procedures of Shanghai Municipality on the Comprehensive Regulation and Administration of the Environment of the Suzhou river

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Procedures of Shanghai Municipality on the Comprehensive Regulation and Administration of the Environment of the Suzhou river

Procedures of Shanghai Municipality on the Comprehensive Regulation and Administration of the Environment of the Suzhou river

(Promulgated by the Shanghai Municipal People' s Government on August 17,1998)

     Chapter I General Provisions

     Article 1 (Purpose)
     These Procedures are formulated with a view to strengthening the comprehensive regulation of the environment of the Suzhou River, improving and protecting the water quality of the water area and the environment of the land area along the both banks of the river.
     Article 2 (Scope of Application)
     These Procedures are applicable to the activities of comprehensive regulation of the environment of the Suzhou River.
     The scope of comprehensive regulation of the environment of the Suzhou River covers:
     1. the water area which consists of the waters of the Suzhou River within the boundaries of Shanghai, and the body of water of the network of the rivers formed by the waters connected with the Suzhou River, and the body of water of the Hongkou Port.
     2. the land area which consists of one block from either bank of the Suzhou River east of Huacao, the space within 100 meters from either bank of the river west of Huacao, and the space within 10 meters from either bank of the Hongkou Port.
     Article 3 (Definition)
     Green Section refers to the water and land area of 5 kilometers between the Chang ShouRoad Bridge and the Suzhou River mouth at the Huangpu River, an area with the main functions of flood discharge, drainage, and relaxation and sightseeing.
     Green Extension Section refers to the water and land area of 18.8 kilometers between Huacao and the Chang ShouRoad Bridge, an area with the main functions of flood discharge, drainage, shipping, and relaxation and sightseeing.
     Industrial and Agricultural Production Mixed Section refers to the water and land area of 29.3 kilometers from Huacao to the border of Jiangsu Province, an area with the main functions of flood discharge, drainage, shipping and water supply for industrial and agricultural production.
     Article 4 (General Objective)
     The general objective of the comprehensive regulation of the environment of the Suzhou River is as follows:
     1. By the year 2000, the water area shall be free from becoming black and foul with the main indexes of the water quality in the section east of Huacao meeting Standard V of the surface water environment quality (GB3838 - 88) (hereinafter referred to as Standard), and those in the section west of Huacao meeting Standard IV, and the land area east of the Chang ShouRoad Bridge shall be turned into a green belt.
     2. By the year 2010, the ecological functions of the water area shall be restored with the water quality in the section east of Huacao meeting Standard IV, and that in the section west of Huacao meeting Standard III, and the whole land area shall be turned into a green forest belt.
     Article 5 (Competent Authorities)
     The Leading Group for Shanghai Municipal Comprehensive Regulation of the Environment of the Suzhou River (hereinafter referred to as the Leading Group) shall be in charge of the comprehensive regulation of the environment of the Suzhou River. Under the Leading Group, an office (hereinafter referred to as MSRO) is established to carry out the tasks to organize, coordinate, supervise and inspect, and to implement special administration in respect of comprehensive regulation of the environment of the Suzhou River.
     Each of the district and county people' s governments along the Suzhou River shall appoint a special organization to take charge of the work of the comprehensive regulation of the environment of the Suzhou River. These organizations shall do their professional work under the leadership of the MSRO. The people' s governments of villages and towns and the sub-district offices along the Suzhou River shall take the responsibility of carrying out their respective tasks as stipulated in respect of comprehensive regulation of the environment of the Suzhou River.
     The departments of planning, environmental protection, water conservancy, municipal administration, environmental sanitation, public parks, public security, housing and land, construction, traffic, agriculture and forestry, plans, economics and commerce shall coordinate in the implementation of these Procedures in accordance with their respective duties.
     Article 6 (Regulation Principle)
     The comprehensive regulation of the environment of the Suzhou River shall observe the principle of "focus on water-harnessing, work out overall planning, combine long-term and short-term interests, highlight the focal points, implement step by step the regulation work, combine regulation and development, and combine construction with administration" .


     Chapter II Administration of Activities in the Water Area

     Article 7 (Administration of the Change of Foul Water by Introducing Clean Water)
     The water conservancy department shall be responsible for working out a scheme for changing the foul water of the Suzhou River by introducing clean water, and for organizing the implementation of the scheme after it is approved by the Leading Group.
     The MSRO shall coordinate, supervise and urge the departments concerned, such as the water conservancy department and the municipal administration department, in their implementation of the scheme for changing foul water by introducing clean water in accordance with the requirements of the Scheme for the Comprehensive Regulation of the Environment of the Suzhou River (hereinafter referred to as the Regulation Scheme).
     Article 8 (Dredge Administration)
     The administrative departments of river course and channel shall dredge the course and channel of the Suzhou River in accordance with the requirements of the Regulation Scheme and other relevant provisions.
     Article 9 (Shipping Administration)
     Restrictions or prohibition on navigation and berth of ships in the water area of the green section and green extension sections shall be effected step by step, and by stages.
     Ships other than those with a permit granted jointly by the traffic department and the MSRO shall be banned from navigating and berthing in the completed green section.
     Ships carrying such dangerous cargoes as explosive, corrosive, inflammable, poisonous and harmful cargoes shall be banned from navigating in the green extension section and the water area between Huacao and Yunzaobang.
     Article 10 (Navigation Noise Control)
     After completion of the green sections, ships navigating in the green sections shall be banned from using sound signals and loudspeakers.
     In the green extension sections ships shall be banned from using loudspeakers, but with the exception of those ships needed by the relevant departments to administrate the navigation in the water area of the green extension section.
     The power plants of ships navigating on the Suzhou River shall be equipped with standard silencers.
     Article 11 (Administration of Water Area and Shore Operation)
     Where any operation needs to use the water area or the banks of the Suzhou River, the relevant departments shall solicit opinions from the MSRO before attending to the examination and approval procedure.

     Chapter III Pollutant Discharge Administration

     Article 12 (Administration of Pollutant Discharge in the Green Section and Green Extension Section)
     Direct discharge of waste water and sewage into the water area in the green section shall be prohibited.
     Direct discharge of waste water and sewage into the water area in the green extension section shall be prohibited when the confluent sewage pipeline project is completed there.
     The pollutant discharge units shall block their existent pollutant outlets in the green and green extension sections in accordance with the requirements of the Regulation Scheme. If the pollutant discharge units fail to block such outlets beyond the deadline the relevant department shall enforce the blockage according to law.
     Article 13 (Administration of Pollutant Discharge in the Industrial and Agricultural Production Mixed Section)
     The pollutant-discharge and sewage-discharge licensing systems as well as the pollutant-discharge total-amount control system shall be practised in the industrial and agricultural production mixed section. The environmental protection department shall work with other relevant departments to lay down pollutant-discharge total-amount control indexes by stages and to organize their implementation according to the requirements of the Regulation Scheme and other relevant laws and regulations.
     Article 14 (Administration of Chemical Fertilizer and Pesticide Utilization)
     The agricultural and forestry department shall well control the pollution from the utilization of chemical fertilizer and pesticide in the Suzhou River land area under comprehensive regulation of environment so as to control the flow of the pollutants into the Suzhou River through farmland irrigation canals.
     Article 15 (Supervision Over the Operation of Pollutant-disposing Facilities)
     The departments of municipal administration and environmental protection shall strengthen their supervision over the operation of the pollutant interception facilities, the centralized pollutant-disposal plants, and the pollutant-disposal plants in enterprises and institutions in the land area under comprehensive regulation of environment of the Suzhou River.
     Article 16 (Rearrangement of wharves)
     The wharf units shall remove their existent freight wharves in the green section within the specified time limit in accordance with the requirements of the Regulation Scheme. The wharves needed for administrative work in the green section shall be rearranged in accordance with the requirements of the Regulation Scheme.
     The wharf units shall gradually remove or rearrange their existent freight wharves in the green extension section in accordance with the requirements of the Regulation Scheme.
     Article 17 (Prohibited Items)
     It is prohibited to pile up wastes and discards and to initiate new water-polluting construction projects in the land area under comprehensive regulation of the Suzhou River.
     The establishment of new freight wharves shall be prohibited in the green extension section.
     The establishment of new sanitation wharves shall be prohibited in the industrial and agricultural production mixed section.
     Article 18 (Hydrologic and Water Quality Monitoring)
     Hydrologic and water quality monitoring institutions shall regularly submit to the MSRO copies of the hydrologic and water quality data of the Suzhou River and its main tributaries.

     Chapter IV Administration of City Appearance and Environmental Sanitation

     Article 19 (Outdoor Advertisement Setting)
     When working out plans for outdoor advertisement setting in the Suzhou River land area under comprehensive regulation of environment, the relevant department shall control the density of the outdoor advertisement setting according to the Suzhou River' s specified functions, and solicit opinions thereon from the MSRO.
     Article 20 (Green Administration)
     The construction units shall construct green lungs and wood land in the Suzhou River land area under comprehensive regulation of environment with a width in conformity with the requirements of "the Regulation Scheme" . The buildings and structures in the green lungs and wood land shall occupy an area less than 2 % of the total area of the green lungs and wood land.
     Article 21 (Equipment of Environmental Sanitation Facility)
     The district and county people' s governments along the Suzhou River shall provide public environmental sanitation facilities suitable for the local environment in the Suzhou River land area of comprehensive regulation of environment.
     Article 22 (Road Occupation Administration)
     Setting-up of parking lots and vendors' stands shall be prohibited from being established on the green lungs and pavement in the land area of the green sections and the green extension sections.

     Chapter V Development and Construction Administration

     Article 23 (Construction Project Administration)
     The Suzhou River land area under comprehensive regulation of environment shall be administered as a key area in a planned way, and the municipal planning bureau shall be in charge of the planning administration of construction projects in the land area.
     The construction projects of comprehensive regulation of the environment of the Suzhou River shall be submitted for approval in accordance with the stipulated procedures after the preliminary examination by the MSRO. The MSRO shall complete its preliminary examination within 10 days.
     The construction projects of comprehensive regulation of the environment of the Suzhou River involving the introduction of foreign capital and technological aid shall be submitted for approval in accordance with the stipulated procedures after being organized and coordinated by the MSRO.
     Article 24 (Plan Examination and Approval)
     Where any detailed plan involving the Suzhou River land area under comprehensive regulation of environment is to be worked out, the unit that organizes such work shall submit it for approval in accordance with the stipulated procedures after soliciting opinions from the MSRO.
     Where an approved plan need adjustment in accordance with the requirements of the Regulation Scheme, it shall be submitted for approval according to the stipulated procedures after soliciting opinions from the MSRO.
     Article 25 (Land use Administration)
     Where the comprehensive regulation of environment projects of the Suzhou River needs to use land, the local district or county people' s government shall adjust to satisfy such need, and the party concerned shall go through land use formalities as stipulated.
     All the surplus land gained from the linearization of the river course shall be used for construction of public green lungs, except the part of such land which some other construction projects are in real need of, in which case the local district or county people' s governments shall make rational arrangement, and the party concerned shall go through land use formalities as stipulated.

     Chapter VI Legal Liability

     Article 26 (Punishment of Illegal Actions)
     Acts which violate these Procedures shall be punished by the relevant department as provided where laws, rules and regulations have provided corresponding administrative punishment. The relevant department shall order the wrongdoers in question to make correction or within a specified time limit, where laws, rules and regulations have not provided corresponding administrative punishment thereupon.
     The MSRO shall promptly stop any acts which violate these Procedures, and shall transfer such case to the relevant department for punishment according to law.

     Chapter VII Supplementary Provisions

     Article 27 (Adjustment of Improvement Scope of Regulation)
     The adjustment of the scope of comprehensive regulation of environment of the Suzhou River shall be proposed by the MSRO jointly with the relevant departments, and shall be implemented after approved by the municipal government.
     Article 28 (Date of Effect)
     These Procedures shall become effective on November 1,1998.

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