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(Adopted at the 20th meeting of the Standing Committee of the 13th People's Congress of Gansu Province on December 3, 2020)
Announcement of the Standing Committee of the People's Congress of Gansu Province
(No.
The "Regulations on the Prevention and Control of Water Pollution in Gansu Province" were adopted at the 20th meeting of the Standing Committee of the 13th People's Congress of Gansu Province on December 3, 2020.
Standing Committee of the People's Congress of Gansu Province
December 3, 2020
table of Contents
Chapter One General Provisions
Chapter II Water Pollution Control Standards and Plans
Chapter III Supervision and Administration of Water Pollution Prevention and Control
Chapter IV Water Pollution Prevention and Control Measures
Section 1 General Provisions
Section 2 Prevention and Control of Industrial Water Pollution
Section 3 Prevention and Control of Urban Water Pollution
Section 4 Agriculture and Rural Water Pollution Prevention and Control
Section 5 Drinking Water Source Protection and Pollution Prevention and Control
Section 6 Prevention and Control of Groundwater and Other Water Pollution
Chapter 5 Water Pollution Accident Early Warning and Emergency Response
Chapter VI Legal Liability
Chapter 7 Supplementary Provisions
Chapter One General Provisions
Article 1 In order to protect and improve the environment, prevent and control water pollution, protect the water ecology, ensure the safety of drinking water, maintain public health, promote the construction of ecological civilization, and promote sustainable economic and social development, in accordance with the "Environmental Protection Law of the People's Republic of China", "The People of Chinese People" The Law of the Republic of China on the Prevention and Control of Water Pollution, the Water Law of the People’s Republic of China and the State Council’s Regulations on Urban Drainage and Sewage Treatment, and other laws and administrative regulations, are formulated in accordance with the actual conditions of the province
Article 2 These Regulations shall apply to the pollution prevention and control of rivers, lakes, channels, reservoirs and other surface water bodies and groundwater bodies within the administrative region of this province
Where laws and administrative regulations have provisions on the prevention and control of water pollution, they shall be implemented in accordance with those provisions
Article 3 The prevention and control of water pollution shall adhere to the principles of prevention first, combination of prevention and control, comprehensive management, public participation, and responsibility for damage.
Article 4 People's governments at all levels are responsible for the quality of the water environment within their administrative areas and shall take timely measures to prevent and control water pollution
People's governments at or above the county level shall incorporate water environmental protection work into national economic and social development plans, optimize industrial structure and layout, establish and improve water pollution prevention and control work mechanisms, coordinate the resolution of major issues in water pollution prevention and control work, and improve water pollution prevention and control systems and measures , Increase financial investment in water pollution prevention and control
The township (town) people's government and sub-district offices assist in the water pollution prevention and control work under the guidance of the county (city, district) people's government and its relevant departments
Article 5 The competent department of ecological environment of the provincial people's government shall implement unified supervision and management of the prevention and control of water pollution in the province
The municipal (prefecture) people's government's competent department of ecological environment and its dispatched agencies shall implement unified supervision and management of the prevention and control of water pollution in their respective administrative regions
The transportation department of the people's government at or above the county level or its maritime administrative agency shall supervise and administer the prevention and control of waters polluted by ships
The relevant departments of the people’s government at or above the county level, such as development and reform, natural resources, health, housing and urban-rural construction, water administration, industry and information technology, agriculture and rural areas, transportation, emergency management, forestry and grassland, etc.
Article 6 Provinces, cities (prefectures), counties (cities, districts), and townships (towns) shall establish a river (lake) chief system, organize and lead the protection of water resources such as rivers and lakes and the management of waters and shorelines in the administrative area at different levels.
The river (lake) chiefs at all levels and their work responsibilities shall be disclosed to the public through newspapers, websites, and public notice boards
Article 7 This province implements a water environmental protection target responsibility system and an assessment and evaluation system.
Article 8 Enterprises, institutions and other producers and operators shall abide by the state and this province's regulations on water pollution prevention and control, perform environmental protection obligations, take measures to prevent and reduce water environmental pollution and water ecological damage, and bear responsibility for the damage caused in accordance with the law
.
Article 9 All units and individuals have the obligation to protect the water ecological environment and have the right to report actions that pollute the water environment and damage the water ecology
.
Ecological and environmental departments of the people’s governments at all levels and other departments responsible for water pollution prevention and control supervision and management shall disclose water environment information in accordance with the law, improve public participation procedures, publish reporting telephone numbers, mailboxes, and websites, and establish and improve water pollution and water ecological damage Report handling mechanism
.
The people's governments at or above the county level and their relevant competent departments shall commend and reward the units and individuals that have made outstanding achievements in the prevention and control of water pollution
.
Article 10 People's governments at all levels shall encourage and guide social capital to participate in water pollution prevention and control, guide financial institutions to increase support for water pollution prevention and control projects, promote third-party water pollution control, and improve the level of specialization and effectiveness of governance
.
Article 11 People's governments at all levels and their relevant departments shall strengthen water environmental protection publicity and education, popularize water environmental protection laws, regulations and scientific knowledge, raise public awareness of water environmental protection, and encourage and guide public participation in water environmental protection
.
Media such as newspapers and periodicals, radio, television, and the Internet shall carry out publicity on water environmental protection laws and regulations, environmental protection knowledge, and advanced models of environmental protection, and strengthen public opinion supervision over behaviors that pollute the water environment
.
Chapter II Water Pollution Control Standards and Plans
Article 12 The provincial people's government may formulate the provincial water environment quality standards for items not specified in the national water environment quality standards, and report them to the competent department of ecological environment under the State Council for the record
.
Article 13 The provincial people’s government may formulate provincial water pollutant discharge standards for items that are not specified in the national water pollutant discharge standards; for items that have been specified in the national water pollutant discharge standards, it may formulate stricter standards than those specified in the national water pollutant discharge standards.
Pollutant Discharge Standard The provincial water pollutant discharge standard
.
The province's water pollutant discharge standards shall be reported to the competent department of ecological environment of the State Council for the record according to law
.
The water pollutant discharge standards shall be revised in a timely manner in accordance with the national requirements for water pollution prevention and control, combined with the economic and technical conditions of the province
.
To formulate and revise the provincial water pollutant discharge standards, experts should be organized to conduct review and demonstration, and solicit opinions from relevant departments, industry associations, enterprises and institutions, the public, and social organizations
.
The discharge of water pollutants shall not exceed the national or provincial water pollutant discharge standards
.
Article 14 The competent department of ecological environment of the provincial people’s government shall, in conjunction with water administration and other relevant departments, compile the water function zoning of the province in accordance with the main function zoning, ecological environmental protection plan, comprehensive river basin plan, water resource protection plan and economic and social development requirements.
Approved by the Provincial People's Government, it shall be reported to the competent department of ecological environment and water administration under the State Council for the record
.
Article 15: The competent department of ecological environment of the provincial people’s government and its relevant departments shall, in accordance with national regulations, delineate ecological protection red lines, environmental quality bottom lines, and resource utilization lines in key ecological function areas, ecological environment sensitive areas, and river basins where fragile areas are located.
Develop and implement a negative list of water environment access for construction projects, and build an ecological environment zoning management and control system
.
Article 16 The preparation of water pollution prevention and control plans for river basins across the administrative regions of the province shall be implemented in accordance with relevant state regulations
.
The water pollution prevention and control plan for the rivers and lakes across the county in the administrative area of the province shall be prepared by the ecological environment department of the provincial people’s government in conjunction with the water administration and other departments in accordance with the water pollution prevention and control plans for the important rivers and lakes determined by the state and the actual conditions of the province.
Approved by the Provincial People's Government, report to the State Council for filing in accordance with the law
.
Article 17 The people's governments at or above the county level shall organize the formulation of water pollution prevention and control plans for their respective administrative regions in accordance with the water pollution prevention and control plans for rivers and lakes approved in accordance with the law
.
Article 18 Where the water environment quality improvement targets determined in the water pollution prevention and control plan fail to meet the requirements, the relevant municipal (prefecture) and county (city, district) people's governments shall formulate plans for reaching the standards within a time limit and take measures to meet the standards on time
.
The plan to reach the standard within a time limit shall be reported to the people's government at the next higher level for the record and made public
.
Article 19 The municipal (prefecture) and county (city, district) people's governments shall report the implementation of the water environment quality plan within a time limit when reporting the environmental conditions and the completion of environmental protection goals to the people's congress or its standing committee at the corresponding level every year.
, And make it public
.
Chapter III Supervision and Administration of Water Pollution Prevention and Control
Article 20 Newly built, rebuilt, or expanded construction projects and other water facilities that directly or indirectly discharge pollutants into water bodies shall be subject to environmental impact assessments in accordance with the law
.
If the construction unit constructs, rebuilds, or expands sewage outlets in rivers and lakes, it shall be approved by the competent department of ecological environment; for the establishment of sewage outlets that may affect flood control, navigation, fishery and river bank safety, the competent department of ecological environment shall, when examining and approving Solicit the opinions of water administration, transportation, agriculture and rural areas at the same level
.
The water pollution prevention and control facilities of a construction project shall be designed, constructed and put into use at the same time as the main project
.
The water pollution prevention and control facilities shall meet the requirements of the approved or filed environmental impact assessment documents
.
Article 21 Implement a total discharge control system for key water pollutants
.
The people's government at or above the county level shall formulate and implement the total water pollutant discharge control implementation plan within its administrative area in accordance with the total water pollutant discharge control plan approved by the people's government at the higher level, combined with local actual organizations
.
The water pollutant discharge total control implementation plan shall specify the types of key pollutants, the total control indicators, the units that need to reduce the amount of pollutants, and the reduction amount, time limit and other requirements
.
The provincial people's government may, in accordance with the water environment quality of the province and the needs of water pollution prevention and control work, implement total control on the discharge of other water pollutants other than national key water pollutants
.
The discharge of water pollutants shall not exceed the total discharge control targets for key water pollutants prescribed by the state or this province
.
Article 22 For areas that have not completed the water environment quality improvement goals or exceed the total discharge control targets for key water pollutants, the competent department of ecological environment of the provincial people’s government shall, in conjunction with relevant departments, interview the main person in charge of the people’s government of the area and suspend the approval Add new environmental impact assessment documents for construction projects with the total discharge of key water pollutants
.
The interview can invite the media and relevant public representatives to attend
.
The interview situation should be made public
.
Article 23.
Enterprises, institutions and other producers and operators that directly or indirectly discharge industrial wastewater and medical wastewater into water bodies or other environments other than water bodies, as well as other wastewater and sewage that are required to obtain a pollutant discharge permit in accordance with regulations, and cities and towns The operating unit of the centralized sewage treatment facility shall obtain a pollutant discharge permit in accordance with the law, and discharge water pollutants in accordance with the requirements of the type, concentration, total amount and discharge destination specified in the pollutant discharge permit
.
It is forbidden for enterprises, public institutions, and other producers and operators to discharge the waste water and sewage specified in the preceding paragraph into water bodies without a pollutant discharge permit or in violation of the provisions of the pollutant discharge permit
.
Article 24 The competent department of ecological environment of the provincial people’s government shall, in conjunction with the competent departments of water administration, agriculture and rural areas, formulate a water ecological environment monitoring plan for the whole province, rationally plan the setting of water environment quality monitoring sections (points, regions), establish and improve The province's water ecological environment monitoring network and big data platform release water ecological environment quality information in a timely manner, establish a monitoring data sharing mechanism, and strengthen the management of water environment monitoring
.
The competent department of ecological environment shall organize the implementation of water environment quality monitoring, law enforcement monitoring, water pollution source supervisory law enforcement monitoring, and emergency monitoring of emergent environmental pollution incidents based on the division of monitoring powers
.
Social environmental monitoring agencies may accept commissions from governments, citizens, legal persons and other organizations within the scope of their qualifications to carry out corresponding monitoring (inspection) services
.
Article 25 Enterprises, institutions and other producers and operators that implement pollution discharge permit management shall monitor the water pollutants discharged by themselves in accordance with relevant national regulations, establish monitoring data accounts, keep original monitoring records, and verify the authenticity of the monitoring data.
Responsible for sex and accuracy
.
Article 26 The competent departments of ecological environment of the people's governments of provinces and cities (prefectures) shall, in accordance with national regulations, determine the list of key pollutant discharge units in conjunction with relevant departments, adjust them in due course, and announce to the public
.
Key pollutant discharge units shall install automatic monitoring equipment for water pollutant discharge in accordance with relevant national and provincial regulations, ensure the normal operation of the monitoring equipment, and network with the monitoring equipment of the competent department of ecological environment
.
Article 27 The competent department of ecological environment and other departments responsible for the supervision and management of water pollution prevention and control shall conduct on-site inspections of enterprises, institutions and other producers and operators that discharge water pollutants within their jurisdiction
.
The inspector shall show his credentials and keep the business secrets of the inspected entity
.
The inspected unit shall truthfully report the situation and provide relevant materials
.
On-site inspections can take methods such as sampling, testing, photography, video recording, written records and consulting and copying of relevant materials
.
Article 28 The competent departments of ecological environment of the people's governments of provinces and cities (prefectures) shall conduct environmental credit evaluations on key pollutant discharge units and disclose the evaluation results to the public
.
Provincial, municipal (prefecture) people’s governments’ ecological and environmental authorities shall, in conjunction with development and reform, the People’s Bank of China, and banking regulatory agencies, establish polluters’ environmental integrity files to record their compliance with environmental laws and regulations and their commitment to environmental and social responsibilities.
, Incorporate into the public credit information platform, and establish an environmental protection credit restraint mechanism
.
In administrative licensing, public procurement, financial support, and qualification rating, the results of environmental credit evaluation are taken as important considerations
.
Article 29 The system of paid use and trading of water pollutant discharge rights shall be promoted.
The specific measures shall be formulated by the provincial people's government
.
Article 30 The provincial people’s government shall establish and improve protection areas for drinking water sources and the upstream areas of rivers, lakes and reservoirs and improve the quality of the water environment in accordance with the objectives, input, effectiveness, and inter-regional economic and social development of water environmental protection.
The regional water environment ecological protection compensation mechanism is encouraged to explore the establishment of other diversified compensation methods besides fund compensation
.
People's governments at or above the county level shall implement national ecological protection compensation funds to ensure that they are used for water environment ecological protection compensation
.
Article 31 The people's governments where rivers, lakes, and reservoirs across administrative regions are located shall establish a joint consultation system, cooperate with each other, share information, coordinate the prevention and control of water pollution across administrative regions, and prevent and handle water pollution disputes across administrative regions
.
Cross-administrative water pollution disputes shall be resolved by the people's governments at the same level involved or through the coordination of the people's governments at a common higher level
.
Chapter IV Water Pollution Prevention and Control Measures
Section 1 General Provisions
Article 32 Enterprises, institutions and other producers and operators that discharge toxic and harmful water pollutants listed in the catalogue of national regulations shall monitor the discharge outlets and the surrounding environment, assess environmental risks, investigate potential environmental safety hazards, and disclose the toxic and harmful water pollutants.
Information on water pollutants and effective measures to prevent environmental risks
.
Article 33 It is forbidden to discharge oil, acid, lye or highly toxic waste liquid into water bodies
.
It is prohibited to wash vehicles and containers that have stored oil or toxic pollutants in water bodies
.
Article 34 It is prohibited to discharge or dump radioactive solid waste or waste water containing high- and medium-level radioactive materials into water bodies
.
The discharge of waste water containing low-level radioactive substances into water bodies shall comply with the relevant national regulations and standards for the prevention and control of radioactive pollution
.
Article 35 When discharging heat-containing wastewater into a water body, measures shall be taken to ensure that the water temperature of the water body meets the water environmental quality standards
.
Article 36 Sewage containing pathogens shall be disinfected; it shall not be discharged until it meets the relevant national standards
.
Article 37 It is prohibited to discharge or dump industrial waste residues, urban garbage and other wastes into water bodies
.
It is forbidden to discharge, dump or directly bury the soluble and highly toxic waste residues containing mercury, cadmium, arsenic, chromium, lead, cyanide, yellow phosphorus, etc.
into water bodies
.
The places where soluble and highly toxic waste residues are stored shall take measures to prevent water, seepage, and loss
.
Article 38 It is forbidden to stack or store solid wastes and other pollutants on beach lands and bank slopes below the highest water level of rivers, lakes, channels, and reservoirs
.
Article 39 It is prohibited to use seepage wells, seepage pits, cracks, karst caves, privately set up concealed pipes, tamper with or falsify monitoring data, or run water pollution prevention and control facilities improperly to discharge water pollutants
.
Article 40: Chemical production enterprises, as well as the operation and management units of industrial agglomeration areas, mining areas, tailings ponds, hazardous waste disposal sites, garbage landfills, etc.
, shall take measures such as anti-leakage measures, and establish groundwater quality Monitoring wells are monitored to prevent groundwater pollution
.
Underground oil tanks such as gas stations shall use double-layer tanks or take other effective measures such as building anti-seepage pools, and conduct anti-leakage monitoring to prevent groundwater pollution
.
It is prohibited to use ditches, pits and ponds without anti-seepage measures to transport or store waste water containing toxic pollutants, sewage containing pathogens and other wastes
.
Article 41 If the water quality of the aquifers in the multi-layer groundwater varies greatly, it shall be exploited in layers; the contaminated diving and confined water shall not be exploited in a mixed manner
.
Article 42 When constructing underground engineering facilities or conducting underground exploration, mining and other activities, protective measures shall be taken to prevent groundwater pollution
.
Discarded mines, wells, or water intake wells, etc.
, shall be closed or backfilled
.
Article 43 Artificial recharge to replenish groundwater shall not deteriorate the quality of groundwater
.
Section 2 Prevention and Control of Industrial Water Pollution
Article 44 People's governments at or above the county level shall rationally plan the industrial layout, and strictly control construction projects that consume high water, high pollution, and produce toxic and harmful water pollutants
.
People's governments at or above the county level shall require enterprises that cause water pollution to carry out technological transformation or conversion of production
.
Enterprises should implement clean production, adopt processes and equipment with high utilization of raw materials and water resources, and low water pollutant discharge, as well as technologies for comprehensive utilization of waste and harmless treatment of pollutants, and eliminate outdated production technologies, Process, equipment and products
.
Article 45 Enterprises that discharge industrial waste water shall take effective measures to collect and treat all waste water produced in order to prevent environmental pollution
.
Industrial wastewater containing toxic and harmful water pollutants shall be collected and treated separately, and shall not be diluted for discharge
.
Discharge of industrial wastewater into centralized sewage treatment facilities shall be pre-treated in accordance with relevant national regulations, and discharge can only be carried out after reaching the treatment process requirements of centralized treatment facilities
.
Article 46 People's governments at all levels shall adopt incentive measures to guide industrial enterprises to settle in industrial clusters
.
Industrial agglomeration areas should implement centralized treatment of water pollution, build corresponding centralized sewage treatment facilities, install automatic monitoring equipment, network with the monitoring platform of the competent department of ecological environment, and ensure the normal operation of monitoring equipment
.
Article 47 It is forbidden to build small-scale paper making, leather making, printing and dyeing, dyes, coking, sulfur making, arsenic making, mercury making, oil making, electroplating, pesticides, asbestos, cement, glass, iron and steel, thermal power plants and others that do not meet national regulations.
Production projects that seriously pollute the water environment
.
Section 3 Prevention and Control of Urban Water Pollution
Article 48 The people’s government at or above the county level shall organize the competent departments of housing and urban-rural construction, development and reform, ecological environment, natural resources, and water administration to compile urban sewage treatment in their administrative area in accordance with the land and space planning and water pollution prevention and control plans.
Facilities construction planning
.
Article 49 The urban drainage department of the people’s government at or above the county level shall, in accordance with the urban sewage treatment facility construction plan, organize the construction of urban sewage treatment facilities and supporting pipeline networks, and strengthen the supervision and management of the operation of the facilities to realize urban sewage treatment facilities.
The treatment capacity of the city is compatible with the amount of urban sewage generated, and the construction of supporting pipeline network meets the needs of the scale of urban development
.
Centralized urban sewage treatment facilities and supporting pipeline networks shall be designed, constructed and operated simultaneously with the construction projects
.
The operating unit of the centralized sewage treatment facility in cities and towns shall provide the polluters with paid services for sewage treatment in accordance with national regulations, collect sewage treatment fees, and ensure the normal operation of the centralized sewage treatment facilities
.
Sewage treatment fees shall be used for the construction and operation of urban sewage treatment facilities and sludge treatment and disposal, and shall not be used for other purposes
.
Article 50 Except for arid areas, the construction of new urban areas shall implement rain and sewage diversion
.
In areas where rain and sewage diversion has not yet been achieved, the people's government at or above the county level shall formulate a regional rain and sewage diversion and transformation plan to carry out rain and sewage diversion and transformation
.
In areas that do not currently have the conditions for rain and sewage diversion and transformation, treatment measures such as interception, regulation and storage should be adopted to reduce the impact of overflow pollution on the receiving water body and the water environment
.
In urban rainwater and sewage diversion areas, no unit or individual may discharge or dump sewage, sewage, garbage and other wastes into rainwater collection ports or rainwater pipelines
.
Article 51 The discharge of water pollutants into urban sewage centralized treatment facilities shall meet the national and provincial water pollutant discharge standards
.
The competent departments of urban drainage of the people's governments at or above the county level and the competent departments of ecological environment of the people's governments of provinces, cities (prefectures) and their dispatched agencies shall strengthen the establishment of drainage outlets, connecting pipe networks, pretreatment facilities, and construction of water quality and water volume monitoring facilities for drainage units.
And operational guidance and supervision
.
When major changes in the quality and quantity of influent water may cause the quality of the effluent to exceed the standard, or an emergency that affects the safe operation of the centralized urban sewage treatment facility occurs, the operating unit of the centralized urban sewage treatment facility shall immediately take emergency treatment measures, and discharge water to the city.
Report from the environmental authority
.
After receiving the report, the competent department shall check and deal with it in a timely manner
.
Article 52 The operating unit of urban sewage treatment facilities shall not suspend the operation of urban sewage treatment facilities without authorization.
If it is necessary to suspend or partially stop the operation of urban sewage treatment facilities due to maintenance or other reasons, it shall report to the local urban drainage authority and ecological environment in advance in accordance with regulations.
The competent department shall report; if it may cause a serious impact on drainage, emergency measures shall be taken and an announcement shall be made to the public
.
The operating unit of the centralized urban sewage treatment facility shall build a supporting sewage water quality monitoring facility to monitor the quality of the inlet and outlet water of the centralized urban sewage treatment facility to ensure that the quality of the effluent meets the discharge standards set by the state and this province
.
The competent department of ecological environment shall supervise and inspect the quality and quantity of effluent from the urban sewage centralized treatment facility
.
Article 53 The maintenance and operation unit of the urban sewage centralized treatment facility or the sludge treatment and disposal unit shall prevent and control the pollution generated in the process of sludge storage, transportation, treatment, and disposal according to law, and treat the generated sludge and the sludge after treatment and disposal.
Follow up and record the destination, use, and consumption to ensure that the treated sludge meets national standards and prevent secondary pollution
.
Article 54 The people's governments at or above the county level shall adopt measures such as pollution interception and management, non-point source control, dredging and dredging, garbage cleaning, ecological purification, circulating water, and clean water to replenish the source of black and odorous water bodies
.
Section 4 Agriculture and Rural Water Pollution Prevention and Control
Article 55 People's governments at all levels shall promote the extension of urban sewage collection pipe networks to surrounding villages
.
In areas not covered by the urban sewage collection pipeline network, centralized or decentralized sewage treatment facilities shall be constructed in different areas to collect and treat rural sewage
.
Article 56 The use of pesticides by farmers and other agricultural producers shall comply with the national regulations and standards on the safe use of pesticides to prevent water pollution caused by excessive use of pesticides
.
Irrigation water for farmland shall meet the corresponding water quality standards to prevent pollution of soil, groundwater and agricultural products
.
It is forbidden to discharge industrial wastewater or medical wastewater into farmland irrigation channels
.
When discharging urban sewage, non-comprehensively utilized livestock and poultry breeding wastewater, and agricultural product processing wastewater into farmland irrigation channels, it shall be ensured that the water quality of the nearest irrigation water intake point downstream meets the farmland irrigation water quality standards
.
Article 57 Livestock and poultry farms (communities) shall be equipped with comprehensive utilization or harmless treatment facilities for livestock and poultry manure and wastewater to ensure normal operation
.
Newly built, rebuilt, and expanded livestock and poultry farms (communities) shall implement rain and sewage diversion and resource utilization of manure and sewage
.
Free-range livestock and poultry breeding households shall construct rain-proof, seepage-proof, leak-proof, and overflow-proof manure and sewage collection and storage facilities, adopt composting and other measures to realize comprehensive utilization of manure and sewage, and shall not directly discharge livestock and poultry manure and waste water
.
The people's governments of counties (cities, districts) and townships (towns) where livestock and poultry farming households are concentrated shall organize household collection, centralized treatment and utilization of livestock and poultry manure sewage
.
Enterprises and institutions that entrust farmers to raise livestock and poultry, other producers and operators, and entrusted farmers shall clarify their respective pollution prevention and control responsibilities
.
Article 58 When engaging in aquaculture, it is necessary to protect the ecological environment of the water area, scientifically determine the breeding density, rationally feed bait and use drugs, and prevent pollution of the water environment
.
Section 5 Drinking Water Source Protection and Pollution Prevention and Control
Article 59 Implement a drinking water source protection zone system
.
Delimit the primary and secondary protection areas for drinking water sources in accordance with the law; when necessary, a certain area can be designated as quasi-protection areas on the periphery of the drinking water source protection areas
.
For the delineation of centralized drinking water source protection zones at the county level and above, the city (prefecture) people's government proposes a delimitation plan, reports it to the provincial people's government for approval, and announces it to the public
.
The delineation of the centralized drinking water source protection zone at the township (town) level shall be proposed by the county (city, district) people's government, submitted to the city (prefecture) people's government for approval, and announced to the public
.
The approved drinking water source protection zone shall not be adjusted without authorization
.
For reasons such as changes in the amount of drinking water, water quality that cannot meet the drinking water requirements, and threats to the safety of drinking water sources, it is indeed necessary to adjust the drinking water source protection area, it shall be submitted for approval in accordance with the procedures
.
Article 60 It is forbidden to set up sewage outlets in drinking water source protection zones
.
Article 61 It is forbidden to build, rebuild, or expand construction projects that have nothing to do with water supply facilities and protection of water sources in the first-level drinking water source protection zone; for the construction projects that have been completed that have nothing to do with water supply facilities and protection of water sources, the people at or above the county level The government ordered it to be demolished or shut down
.
It is prohibited to engage in cage breeding, tourism, swimming, fishing, or other activities that may pollute drinking water bodies in the first-class protection zone for drinking water sources
.
Article 62 It is forbidden to build, rebuild, or expand construction projects that discharge pollutants in the secondary protection zone for drinking water sources; the people's government at or above the county level shall order the removal or closure of the construction projects that have been completed that discharge pollutants
.
Those engaged in activities such as cage aquaculture and tourism in the secondary protection zone for drinking water sources shall take measures in accordance with regulations to prevent the pollution of drinking water bodies
.
Article 63 It is forbidden to build or expand construction projects that seriously pollute water bodies in the quasi-protection areas of drinking water sources; to rebuild construction projects, it is not allowed to increase the discharge of pollutants
.
Article 64 The drinking water supply unit shall do a good job in the inspection of the water quality of the water intake and the water outlet
.
If it is found that the water intake does not meet the drinking water source quality standards or the outlet water quality does not meet the drinking water sanitation standards, corresponding measures shall be taken in a timely manner and reported to the local municipal (prefecture), county (city, district) water supply authority
.
After receiving the report, the water supply department shall notify the ecological environment, sanitation and health, water administration and other departments
.
The drinking water supply unit shall be responsible for the quality of the water supply, ensure the safe and reliable operation of water supply facilities, and ensure that the water supply quality meets the relevant national standards
.
Article 65 People’s governments at or above the county level shall, in accordance with the actual needs of protecting drinking water sources, take necessary protective measures on roads, bridges or waterways adjacent to drinking water source protection areas to prevent vehicles and vehicles that transport dangerous chemicals.
An accident occurred in a ship polluting drinking water sources
.
Section 6 Prevention and Control of Groundwater and Other Water Pollution
Article 66 The competent department of ecological environment shall, in conjunction with the natural resources and water administration departments, carry out investigations and assessments of groundwater pollution, and establish a zoning system for groundwater pollution prevention and control based on factors such as groundwater hydrogeological structure, environmental conditions, water resources endowments and their use functions.
, Delineate groundwater pollution control areas, prevention and control areas and general protection areas
.
Article 67: Those engaged in underground exploration, mining, engineering drainage, development and utilization of underground space and other activities that may interfere with the underground aquifer, or engaged in the development and utilization of underground hot water resources, using water source heat pump technology, ground source heat pump technology, shall adopt Protective measures to prevent groundwater pollution
.
Article 68 Where underground hot water resources are used for business activities such as heating, bathing, water entertainment, etc.
, the tail water shall be treated to cool down or reduce harmful components, and discharge it after it meets the corresponding water quality standards
.
Article 69 Relevant competent departments of ecological environment, natural resources, water administration, etc.
shall organize groundwater pollution restoration and treatment in areas where groundwater pollution is prominent
.
If the polluter of groundwater pollution can be identified, the polluter shall bear the responsibility for groundwater pollution restoration and treatment
.
Article 70 The oil, acid, lye and other toxic and hazardous waste liquids produced in the laboratories, inspection rooms, and laboratories of enterprises and institutions shall be collected separately and safely disposed of in accordance with relevant regulations, and shall not be directly discharged into urban sewage collection Pipe network or external environment
.
Medical wastewater shall be treated in accordance with relevant laws and regulations and meet the national water pollutant discharge standards for medical institutions
.
Article 71 Ships sailing, berthing, and operating shall comply with ship pollutant discharge standards and set up special sewage, slop oil, garbage storage or treatment devices to prevent environmental pollution in waters
.
During the navigation, berthing, and operation of a ship, the following actions are prohibited:
(1) Dumping ship's garbage or discharging ship's residual oil or waste oil into water bodies;
(2) Without the approval of the transportation department or its maritime administrative agency of the place of operation, the ship conducts the transfer operation of bulk liquid pollution hazardous cargo;
(3) Ships and relevant operating units are engaged in operations with pollution risks and fail to take pollution prevention and control measures in accordance with regulations;
(4) Dismantling ships by flushing the beach;
(5) Other actions prohibited by laws and regulations
.
Chapter 5 Water Pollution Accident Early Warning and Emergency Response
Article 72: People's governments at or above the county level shall formulate and improve emergency plans for water pollution accidents, clarify the main body of responsibility, early warning, forecast and response procedures, emergency response and safeguard measures, etc.
, and report to the higher-level people's government for the record
.
If the water environment is seriously polluted and emergencies that endanger human health and public safety occur or may occur, the people’s government at or above the county level shall immediately initiate an emergency response plan, promptly publish early warning information in accordance with the law, and may order relevant enterprises, institutions, and other production operations when necessary.
And take emergency response measures such as restricting production and stopping production
.
Article 73: Enterprises, institutions and other producers and operators that may have water pollution accidents shall formulate emergency plans for water pollution accidents, conduct regular drills, and be prepared for emergencies
.
In the event of accidents or other emergencies of enterprises, institutions and other production and business operators that cause or may cause water pollution accidents, they shall immediately activate their own emergency plans and adopt emergency measures such as isolation to prevent water pollutants from entering water bodies
.
Chemical, pharmaceutical, electroplating and other production enterprises, as well as enterprises and institutions that store hazardous chemicals, and other production and business operators shall be equipped with accident emergency pools and other water pollution emergency facilities and equipment in accordance with regulations, and measures shall be taken to prevent the process of handling safety production accidents.
The generated fire fighting wastewater and waste liquid that may seriously pollute the water body are directly discharged into the water body
.
Article 74: In the event of accidents or other emergencies of enterprises, institutions and other production and business operators that cause or may cause water pollution accidents, they shall promptly notify the units and residents that may be harmed, and report to the county where the accident occurred.
The above reports from the people's government or the competent department of ecological environment
.
After receiving the report, the competent department of ecological environment shall promptly report to the people's government at the same level and copy it to the relevant department
.
Article 75 The municipal (prefecture) and county (city, district) people's governments shall organize the preparation of emergency plans for drinking water safety emergencies
.
The drinking water supply unit shall, in accordance with the local emergency plan for drinking water safety emergencies, formulate corresponding emergency response plans, report to the local city (prefecture), county (city, district) people's government for the record, and conduct regular drills
.
In the event of a water pollution accident at a drinking water source, or other emergencies that may affect the safety of drinking water, the drinking water supply unit shall take emergency measures and report to the local city (prefecture), county (city, district) people’s government, and Open to the public
.
Relevant people's governments shall promptly activate emergency plans according to the situation and take effective measures to ensure the safety of water supply
.
Article 76: The people's government responsible for emergency response and accident investigation and handling of water pollution accidents and its emergency management, ecological environment, public security, transportation, industry and information technology, agriculture and rural areas, water administration, natural resources, housing and urban and rural construction, and health The health and other relevant departments shall, in accordance with the division of responsibilities and the requirements of the emergency plan, make emergency preparations for sudden water pollution accidents, activate the emergency plan, adopt emergency measures, and do a good job of emergency handling and investigation and handling
.
Article 77: The people's governments at or above the county level in the upper and lower reaches of the river basin shall, under the guidance of the higher-level people's government and its ecological and environmental authorities and water administrative authorities, establish a joint prevention and control work mechanism for upstream and downstream water pollution
.
The people’s government at or above the county level where a water pollution accident has occurred should immediately take measures to control pollution, and promptly notify the downstream people’s government of the accident, the main pollution factors and possible harms, and the downstream people’s government should promptly take necessary measures after receiving the notification.
Emergency measures
.
Chapter VI Legal Liability
Article 78: Where the competent department of ecological environment and other departments responsible for water pollution prevention and control supervision and management have any of the following acts, the unit to which they belong or the higher-level competent department shall give the directly responsible persons in charge and other directly responsible persons the law Punishment; if a crime is constituted, criminal responsibility shall be investigated according to law:
(1) Failure to perform supervision and inspection duties in accordance with the law;
(2) Failing to issue administrative licenses or process approval documents in accordance with the law;
(3) Failing to investigate and deal with illegal acts after discovering or receiving reports of illegal acts;
(4) Falsification, falsification or instigation of falsification or falsification of monitoring data;
(5) Water environment information should be disclosed in accordance with the law but not disclosed;
(6) Other illegal acts such as abuse of power, negligence of duty, and malpractice for personal gain
.
Article 79: Enterprises, institutions and other producers and operators who commit one of the following acts and are fined and ordered to make corrections, the administrative agency that made the penalty decision in accordance with the law shall organize a re-inspection and discover that they continue to discharge water pollutants illegally or refuse If the re-examination is obstructed, it may be punished continuously on a daily basis according to the original penalty amount from the day following the day the correction is ordered:
(1) Exceeding the national or provincial water pollutant discharge standards, or exceeding the total discharge control index of key pollutants to discharge water pollutants;
(2) Using seepage wells, seepage pits, cracks, karst caves, privately set up concealed pipes, tamper with or falsify monitoring data, or abnormally operate pollution prevention facilities to discharge water pollutants in ways that evade supervision;
(3) Discharging water pollutants prohibited by laws and regulations;
(4) Illegal dumping of hazardous wastes causes water pollution;
(5) Other illegal acts that can be punished continuously on a daily basis as prescribed by laws and regulations
.
Article 80 Anyone who violates these regulations and commits one of the following acts shall be ordered to make corrections within a time limit by the competent department of ecological environment and shall be fined not less than 20,000 yuan but not more than 200,000 yuan; those who fail to make corrections within the time limit shall be ordered to suspend production for rectification:
(1) Failing to self-monitor the discharged water pollutants in accordance with regulations, or failing to keep the original monitoring records;
(2) Failing to install automatic monitoring equipment for water pollutant discharge in accordance with regulations, and failing to network with the monitoring equipment of the competent department of ecological environment, or the monitoring equipment fails to operate normally;
(3) Failing to monitor the discharge outlets of toxic and harmful water pollutants and the surrounding environment in accordance with regulations, or failing to disclose information on toxic and harmful water pollutants
.
Article 81 Anyone who violates the provisions of these Regulations and commits one of the following acts shall be ordered by the competent department of ecological environment to make corrections or order to restrict production or stop production for rectification, and impose a fine of 100,000 yuan up to 1 million yuan; if the circumstances are serious, Report to the people’s government with the right to approve and order the suspension of business and closure:
(1) Discharging water pollutants without obtaining a pollutant discharge permit in accordance with the law;
(2) Discharging water pollutants in excess of the water pollutant discharge standard or exceeding the total discharge control index of key water pollutants;
(3) Using seepage wells, seepage pits, cracks, karst caves, privately set up concealed pipes, tamper with or forge monitoring data, or run water pollution prevention and control facilities abnormally, etc.
to discharge water pollutants in ways that evade supervision;
(4) Failure to carry out pretreatment in accordance with regulations and discharge industrial wastewater that does not meet the requirements of the treatment process to the centralized sewage treatment facility
.
Article 82: If one of the following acts is committed, the competent department of ecological environment shall order the stop of the illegal act, take control measures within a time limit, eliminate pollution, and impose a fine; if the control measures are not taken within the time limit, the competent department of ecological environment may designate the competent authority The unit will govern on its behalf, and the required expenses shall be borne by the offender:
(1) Discharging oil, acid or lye into water bodies;
(2) Discharging highly toxic waste liquid into water bodies, or discharging, dumping or directly burying soluble highly toxic waste residues containing mercury, cadmium, arsenic, chromium, lead, cyanide, yellow phosphorus, etc.
into the water body;
(3) Washing vehicles or containers that have stored oil or toxic pollutants in a body of water;
(4) Discharging or dumping industrial wastes, urban garbage or other wastes into water bodies, or stacking or storing solid wastes or other pollutants on beaches or bank slopes below the highest water level of rivers, lakes, canals, channels, and reservoirs ;
(5) Discharging or dumping radioactive solid waste or waste water containing high- or medium-level radioactive materials into water bodies;
(6) Discharging waste water containing low-level radioactive substances, hot waste water or sewage containing pathogens into water bodies in violation of relevant national regulations or standards;
(7) Failing to take measures to prevent leakage, or failing to build groundwater quality monitoring wells for monitoring;
(8) Underground oil tanks such as gas stations do not use double-layer tanks or take other effective measures such as construction of anti-seepage pools, or fail to conduct anti-leakage monitoring;
(9) Failing to take protective measures in accordance with regulations, or using ditches, pits and ponds without anti-leakage measures to transport or store waste water containing toxic pollutants, sewage containing pathogens or other wastes
.
Anyone who commits one of the third, fourth, sixth, seventh, and eighth acts of the preceding paragraph shall be fined not less than 20,000 yuan but not more than 200,000 yuan
.
Anyone who commits one of the first, second, fifth, and ninth acts of the preceding paragraph shall be fined not less than 100,000 yuan but not more than one million yuan; if the circumstances are serious, it shall be reported to the authorized people’s government for approval.
Order to suspend business and close down
.
Article 83 In violation of the provisions of these Regulations, the construction of small papermaking, leather making, printing and dyeing, dyes, coking, sulfur making, arsenic making, mercury making, oil making, electroplating, pesticides, asbestos, cement, glass, Steel, thermal power and other production projects that seriously pollute the water environment shall be ordered to close down by the people's government of the city (state) and county (city, district) where they are located
.
Article 84 Units and individuals that violate the provisions of these Regulations and discharge to rainwater collection ports, rainwater pipes, or dump wastes such as sewage and garbage in urban rainwater and sewage diversion areas, shall be ordered to make corrections and issued warnings by the urban drainage department; If it fails to make corrections or causes serious consequences, the unit shall be fined not less than 100,000 yuan but not more than 200,000 yuan, and the individual shall be fined not less than 20,000 yuan but not more than 100,000 yuan; if any loss is caused, it shall be liable for compensation in accordance with the law
.
Article 85: In violation of the provisions of these regulations, the operation unit of urban sewage treatment facilities suspends the operation of urban sewage treatment facilities without authorization, fails to report in advance or take emergency treatment measures in accordance with the regulations, the urban drainage department shall order corrections and give warnings; no corrections shall be made within the time limit Or if serious consequences are caused, a fine of not less than 100,000 yuan but not more than 500,000 yuan shall be imposed; if losses are caused, the liability for compensation shall be assumed in accordance with law
.
Article 86 If the operating unit of the centralized urban sewage treatment facility or the sludge treatment and disposal unit does not meet the national standards after the treatment or disposal of the sludge, or the whereabouts of the sludge have not been recorded, the urban drainage department shall order it to be taken within a time limit.
Warnings shall be given for treatment measures; if serious consequences are caused, a fine of 100,000 yuan up to 200,000 yuan shall be imposed; if the treatment measures are not taken within the time limit, the urban drainage department may designate a unit with the treatment capacity to do the treatment on its behalf, and the required expenses shall be violated by the law The person bears
.
Article 87 Anyone who violates the provisions of these Regulations and directly uses water that does not meet the water quality standards for farmland irrigation to irrigate farmland shall be ordered to make corrections by the competent department of agriculture and rural areas, and the unit shall be fined not less than 50,000 yuan but not more than 100,000 yuan, and two persons shall be imposed.
A fine of more than 1,000 yuan and less than 10,000 yuan
.
Article 88 In violation of the provisions of these Regulations, a livestock and poultry farm (community) that fails to collect, store, utilize or dispose of solid waste such as livestock and poultry manure generated during the breeding process shall be ordered by the competent department of ecological environment to make corrections and may be dealt with.
A fine of less than 100,000 yuan; if the circumstances are serious, it shall be reported to the authorized people’s government for approval and ordered to suspend business or close down
.
Where a free-range livestock farmer fails to take appropriate pollution prevention measures and directly discharges livestock and poultry manure and wastewater into the water body, the competent department of ecological environment shall order corrections and impose a fine of not less than 500 yuan but not more than 5,000 yuan
.
Article 89 If a sewage outlet is installed in a drinking water source protection zone, the people’s government at or above the county level shall order it to be demolished within a time limit and impose a fine of 100,000 to 500,000 yuan; if it is not removed within the time limit, it shall be demolished compulsorily.
The cost shall be borne by the offender, and a fine of not less than 500,000 yuan but not more than one million yuan shall be imposed, and production may be suspended for rectification
.
In addition to the provisions of the preceding paragraph, if a sewage outlet is set up in violation of laws, administrative regulations and the provisions of the competent department of ecological environment of the State Council, the competent department of ecological environment shall order the removal within a time limit and impose a fine of not less than 20,000 yuan but not more than 100,000 yuan; if it is not removed within the time limit, For compulsory demolition, the costs required shall be borne by the offender, and a fine of 100,000 yuan up to 500,000 yuan shall be imposed; if the circumstances are serious, it may be ordered to stop production for rectification
.
Without the consent of the competent department of ecological environment, new construction, reconstruction or expansion of sewage outlets in rivers and lakes shall be taken by the competent department of ecological environment to take measures and impose penalties in accordance with the provisions of the preceding paragraph
.
Article 90 Anyone who commits one of the following acts shall be ordered by the competent department of ecological environment to stop the illegal act and impose a fine of 100,000 yuan up to 500,000 yuan; and shall be reported to the authorized people’s government for approval and ordered to be demolished or closed down:
(1) Newly build, rebuild, or expand construction projects that have nothing to do with water supply facilities and protection of water sources in the first-level protection zone for drinking water sources;
(2) Newly built, rebuilt, or expanded construction projects that discharge pollutants in the secondary protection zone for drinking water sources;
(3) Newly built or expanded construction projects in the quasi-protection zone of drinking water sources that seriously pollute the water body, or reconstructed construction projects to increase the discharge of pollutants
.
Anyone who engages in cage culture or organizes tourism, fishing, or other activities that may pollute drinking water bodies in the first-level protection zone of drinking water sources shall be ordered by the competent department of ecological environment to stop the illegal activities and be punished by 20,000 yuan up to 100,000 yuan.
Fine
.
If an individual swims, fishes, or engages in other activities that may pollute drinking water bodies in the drinking water source protection zone, the competent department of ecological environment shall order the illegal act to cease, and may impose a fine of less than 500 yuan
.
Article 91 In violation of these regulations, if the water quality of drinking water supply units does not meet the standards set by the state, the water supply department of the people's government of the local city (prefecture), county (city, district) shall order corrections and impose a punishment of more than 20,000 yuan and 200,000 yuan.
Fines below RMB yuan; if the circumstances are serious, it may be ordered to suspend business for rectification upon the approval of the people's government with the right to approve; the directly responsible persons in charge and other directly responsible persons shall be punished according to law
.
Article 92 Anyone who violates the provisions of these Regulations and commits one of the following acts shall be ordered by the transportation department, its maritime administrative agency, and the fishery department in accordance with the division of responsibilities to stop the illegal act and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan; If water pollution is caused, it shall be ordered to take control measures within a time limit to eliminate the pollution, and a fine of not less than 20,000 yuan but not more than 200,000 yuan shall be imposed; if the control measures are not taken within the time limit, the transportation department or its maritime management agency or fishery department may be in accordance with the division of responsibilities.
Designate a unit with the governance capability to do the governance on its behalf, and the necessary expenses shall be borne by the ship:
(1) Dumping ship's garbage or discharging ship's residual oil or waste oil into a body of water;
(2) Without the approval of the competent traffic department or its maritime administrative agency of the place of operation, the ship conducts the transfer operation of bulk liquid pollution hazardous cargo;
(3) Ships and relevant operating units are engaged in operations with pollution risks and fail to take pollution prevention and control measures in accordance with regulations;
(4) Dismantling the ship by flushing the beach
.
Article 93 In violation of the provisions of these Regulations, enterprises and institutions fail to formulate emergency plans for water pollution accidents in accordance with the regulations, or fail to activate emergency plans for water pollution accidents in time after water pollution accidents occur, and take relevant emergency measures.
The environmental authorities shall order corrections; if the circumstances are serious, a fine of not less than 20,000 yuan but not more than 100,000 yuan shall be imposed
.
Article 94: Where there are penalties in laws and administrative regulations that violate the provisions of these regulations, they shall be implemented in accordance with those provisions
.
Chapter 7 Supplementary Provisions
Article 95 These Regulations shall come into force on January 1, 2021
.