| Rules for Implementation of the Law of the People's Republic of China on the Prevention and Control of Water Pollution (Promulgated by Decree No.284 of the State Council on March 20, 2000, and entry into operation on the day of promulgation) Chapter I General Provisions Article 1In accordance with the Law of the People's Republic of China on the Prevention and Control of Water Pollution (hereinafter referred to as the Law on the Prevention and Control of Water Pollution), these Rules are formulated. Chapter II Supervision and Management of the Prevention and Control of Water Pollution Article 2 The plan on the prevention and control of water pollution for the basin formulated according to the provisions of Article 10 of the Law on the Prevention and Control of Water Pollution shall contain the followings: 1. environmental function requirements of the water body; 2. water quality goals and time limits at different stages; 3. key zones for the prevention and control of water pollution and the major pollution sources, and the concrete measures for the control; and 4. the construction plan on urban drainage and waste water treatment facilities within the basin. Article 3 The competent administrative departments of water of people's governments at and above the county level shall, when determining the minimum water effusion from the dams of large and medium reservoirs, guarantee the natural purification capability of the downstream water body and solicit the opinions of the departments of environmental protection of people's governments at the same level. Article 4An enterprise or institutional unit must, if discharging a pollutant into a water body, submit an Application Form for the Registration of Pollutant Discharge to the department of environmental protection of the local people's government at or above the county level in the place where it is located. If an enterprise or institutional unit discharges a pollutant in excess of the pollutant discharge standards established by the State or the locality, it shall give the reasons therefor and the measures of treatment within a given time limit at the time of submitting the Application Form for the Registration of Pollutant Discharge. Article 5 If an enterprise or institutional unit needs to dismantle or set idle its pollutant treatment facilities, it must apply to the department of environmental protection of the local people's government at or above the county level in the place where it is located in advance and give the reasons therefor. Within one month from the date of receiving the application, the department of environmental protection shall make a decision of approval or disapproval and give a written reply. If no reply is given as scheduled, it is deemed an approval. Article 6 If a water body is not in compliance with the water environmental quality standards established by the State even after the discharge of pollutants has been in compliance with the standards, the system of control of the total discharge of major pollutants may be employed. The plans on the control of total discharge for important river basins determined by the State are formulated by the department of environmental protection of the State Council, jointly with the relevant departments of the State Council and in consultation with the people's governments of related provinces, autonomous regions and municipalities directly under the Central Government, and reported to the State Council for approval. The plans on the control of total discharge for other water bodies are formulated by the departments of environmental protection of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, jointly with the relevant departments at the same level and in consultation with the local people's governments concerned, and reported to the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for approval. Of them, the plans on the control of total discharge for the water bodies involving two or more provinces, autonomous regions and municipalities directly under the Central Government are formulated through consultation by the people's governments of related provinces, autonomous regions and municipalities directly under the Central Government. Article 7 A plan on the control of total discharge shall contain the area of the control of total discharge, types and total discharge of major pollutants, and the pollutant discharge to be reduced and the time limit for the reduction. Article 8 If the control of total discharge of major pollutants is imposed on a water body according to law, the local people's government at or above the county level shall organize to formulate the implementing program for the control of total discharge for the said water body within its own administrative area in accordance with the quantity of the control of total discharge allocated by the plan on the control of total discharge. The implementing program for the control of total discharge shall determine the units required to reduce their pollutant discharges, the types and the quantities of the control of total discharge of key pollutants of each pollutant discharging unit, and the pollutant discharge to be reduced and the time limit for the reduction. Article 9 The allocation of quantities of the control of total discharge of major pollutants shall be in compliance with the principle of openness, fairness and impartiality and be carried out in a scientific and unified method. The measures for the allocation of quantities of the control of total discharge are formulated by the department of environmental protection of the State Council in consultation with the relevant departments of the State Council. Article 10 The departments of environmental protection of local people's governments at and above the county level examine and approve the discharge quantities of major pollutants being discharged into the water bodies of the units within their respective administrative areas according to the implementing program for the control of total discharge and issue the pollutant discharge permit to those whose discharge does not exceed the quantities of the control of total discharge; order those whose discharge exceeds the quantities of the control of total discharge to make treatment within a given time limit and issue the interim pollutant discharge permit for the treatment period. The concrete measures therefor are formulated by the department of environmental protection of the State Council. Article 11 The units reducing the pollutant discharge determined under the implementing program for the control of total discharge must construct pollutant discharge outlets and install monitoring equipment for the control of total discharge according to the regulations of the department of environmental protection of the State Council. Article 12 The people's governments of provinces, autonomous regions and municipalities directly under the Central Government in the places where the major river basins determined by the State are located shall implement the water environmental quality standards applicable to water bodies within provincial boundaries approved by the State Council. Article 13 The monitoring of water environmental quality for water bodies of the major river basins within provincial boundaries determined by the State must be governed strictly by the water environmental quality monitoring norms formulated by the department of environmental protection of the State Council. Article 14 The administration departments of urban construction shall, according to the overall urban planning, organize to formulate the specialized plans on urban drainage and waste water treatment, and organize to construct the central treatment facilities for urban waste water according to the requirements of the plans. Article 15 The quality of water flowing out of the central treatment facilities for urban waste water is governed by the pollutant discharge standards established by the State or the localities. The operating units of central treatment facilities for urban waste water shall be responsible for the quality of water flowing out of the central treatment facilities for urban waste water. The departments of environmental protection shall carry out sample inspections into the quality and quantity of water flowing out of the central treatment facilities for urban waste water. Article 16 A pollutant discharge unit which is ordered to make treatment within a given time limit shall submit its treatment plan to the department of environmental protection of the people's government which made the decision of treatment within the given time limit, and shall report the progress of the treatment regularly. The department of environmental protection of the people's government which made the decision of treatment within a given time limit shall inspect the treatment progress of the pollutant discharge unit which is ordered to make treatment within a given time limit, and shall carry out the acceptance inspection into the project of treatment within a given time limit when completed. The pollutant discharge unit which is ordered to make treatment within a given time limit must finish the treatment task as scheduled. If it is unable to do so due to force majeure, it must, within one month after the occurrence of the force majeure, submit an application for a extension of the treatment time to the department of environmental protection of the people's government which made the decision of treatment within the given time limit, and the people's government which made the said decision examines the application and makes a decision therefor. Article 17 When the departments of environmental protection and the maritime and fishery administration bodies conduct on-spot inspections into the units which discharge pollutants into water bodies within the scope of their jurisdiction, they shall show the certificates of administrative law enforcement or wear badges of administrative law enforcement. Article 18 When the departments of environmental protection and the maritime and fishery administration bodies conduct on-spot inspections, they may, according to the needs, demand the units being inspected to provide the following information and materials: 1. information about the discharge of pollutants; 2. information about the pollutant treatment facilities, and their use, operation and management; 3. models and specifications of the monitoring equipment, instruments and facilities and information about their inspection and calibration; 4. the monitoring analytical methods employed and monitoring records; 5. information about the progress of treatment within a given time limit; 6. information about accidents and related records; 7. materials about the production process and the use of raw materials relevant to pollution; and 8. other information and materials related to the prevention and control of water pollution. Article 19 An enterprise or institutional unit which causes a water pollution accident must take measures without delay, stop or reduce its pollutant discharge and within 48 hours after the occurrence of the accident, make a preliminary report on the time, site and type of the accident, the types and quantity of pollutant discharged, economic loss, personal harms and emergency measures taken to the local department of environmental protection; and after the accident is clearly investigated into, it shall make a written report on the cause of the accident, process, harms, measures taken, treatment results, potential harms of the accident or indirect harms, social impact, leftover problems and precaution measures, and provide relevant documentary evidences. After receiving the preliminary report on the water pollution accident, the department of environmental protection shall immediately report it to the people's government at the same level and the department of environmental protection of the people's government at the next higher level, and the local people's government concerned shall organize the relevant departments to investigate into the cause of the accident and take effective measures to reduce and eliminate the pollution. The department of environmental protection of the people's government at or above the county level shall organize to monitor the water areas that are likely to be affected by the pollution accident and investigate and deal with the accident. When a ship causes a water pollution accident, an immediate report must be made to the nearby maritime administration body. If a pollution accident is caused to a water body of fishery, an immediate report must be made to the fishery administration body in the place of the accident. The maritime or fishery administration body shall, after receiving such a report, notify it to the department of environmental protection of the people's government at the same level and immediately start to investigate and deal with it. If a water pollution accident causes or is likely to cause harms or damages in two or more administrative areas, the local people's government at or above the county level in the place of accident shall immediately inform the people's governments in the places that are harmed or damaged or are likely to be harmed or damaged by the accident of the time, site and type of the accident, the types and quantity of pollutants discharged and the required precaution measures. Chapter III Prevention of Surface Water Pollution Article 20 The surface water source protective zones for domestic and drinking water involving two or more provinces, autonomous regions and municipalities directly under the Central Government are determined through consultation by the relevant people's governments of provinces, autonomous regions and municipalities directly under the Central Government; and if they fail to do so, the department of environmental protection of the State Council proposes a plan of determination jointly with the relevant departments of water resources, land resources, health and construction of the State Council and report it to the State Council for approval. In determining other surface water source protective zones for domestic and drinking water, the people's governments of the cities or counties concerned propose the plans of determination through consultation, and report them to the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for approval; and if they fail to do so, the departments of environmental protection of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, jointly with the relevant departments of water resources, land resources, health and construction at the same level, propose the plans of determination and report them to the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for approval. The surface water source protective zones for domestic and drinking water are classified into the Grade I protective zone and Grade II protective zone. Article 21 The State's Surface Water Environmental Quality Standards of Category II is applicable to the quality of domestic and drinking water in the Grade I protective zones of surface water sources; and the State's Surface Water Environmental Quality Standards of Category III is applicable to the water quality in the Grade II protective zones. Article 22 The protection of the Grade I protective zones for surface water sources for domestic and drinking water is governed by the provisions of Article 20 of the Law on the Prevention and Control of Water Pollution. Article 23 It is forbidden to start or expand the construction projects discharging pollutants into the water bodies within the Grade II protective zones of surface water sources for domestic and drinking water. If a project is reconstructed within the Grade II surface water source protective zone for domestic and drinking water, the quantity of pollutant discharge must be reduced. Within the Grade II protective zones of surface water sources for domestic and drinking water, it is forbidden to discharge pollutants in excess of the pollutant discharge standards established by the State or the localities. Within the Grade II protective zones of surface water sources for domestic and drinking water, it is forbidden to construct docks for handling rubbish, oils or other toxic or harm materials. Article 24 If the industrial waste water and urban waste water are used for irrigation, the competent administrative departments of agriculture of local people's governments at or above the county level shall organize the regular monitoring over the quality of water used for irrigation, soil after irrigation and farm produces, and take corresponding measures to prevent pollution to the soil, ground water and farm produces. Article 25 Ships in inland rivers shall be equipped with pollution prevention equipment that are in compliance with the State's regulations, and have the quality certificates issued by the ship inspection departments. A ship which does not have pollution prevention equipment or whose pollution prevention equipment is not in compliance with the State's regulations shall meet the specified standards within a given time limit. Article 26 Ships in inland rivers must have pollution prevention documents or log documents required by the maritime administration bodies. Oil tankers with a tonnage at or above 150 tons or non-oil tankers with a tonnage at or above 400 tons in inland rivers must have their records of types of oils. Article 27 Ports or docks shall be equipped with the receiving and treatment facilities of waste water containing oil and refuses. The port management units are responsible for the construction, management and maintenance of such receiving and treatment facilities. No ship in the inland river may discharge waste oil, residue oil or rubbish into the water body. Passenger and tourist ships in inland rivers must establish the rubbish control system. Article 28 The following operations carried out by ships at the ports must be applied for in advance to the maritime administration bodies and may be started within the designated areas only after being approved: 1. to wash the decks of ships loaded with toxic goods and bulk goods with dust or the cabins; 2. to discharge ballast, cabin washing or engine room waste water and other residue substances; or 3. to use chemical oil detergent. Article 29 When oils and other toxic, harmful, corrosive and radioactive goods are loaded onto or unloaded from ships at ports or docks, the ship parties and the operation units must take precaution measures to prevent pollution to water bodies. Article 30 If a ship accident causes or is likely to cause pollution to a water body, the maritime administration body shall organize compulsory salvage or tugging, and all expenses therefrom are borne by the ship party at fault. Article 31 The units engaging in ship building, repairing, dismembering and ship salvaging must be equipped with pollution prevention equipment and facilities. When conducting such operations, they shall take precaution measures to prevent pollution to water bodies by oils, oil mixtures and other refuses. Chapter IV Prevention of Ground Water Pollution Article 32 The departments of environmental protection of local people's governments at or above the county level, jointly with the relevant administrative departments such as water resources, land resources, health and construction at the same level, propose the plans of determination for ground water source protective zones for domestic and drinking water in accordance with the geographic location of water sources for domestic and drinking water, hydrogeological conditions, capacity of water supply, exploration method and distribution of sources of pollution, and report them to the people's governments at the same level for approval. The State's Ground Water Quality Standards of Category II are applicable to the quality of water in ground water source protection zones for domestic and drinking water. Article 33 It is forbidden to carry out the following activities within the ground water source protective zones for domestic and drinking water: 1. to use waste water for irrigation; 2. to use sludge containing toxic pollutants as manure; 3. to use farm chemicals with hypertoxic or high residues; or 4. to use cracks or cavity of the water storage stratum, karst caves or deserted mine pits to store oils, radioactive substances, toxic chemicals or farm chemicals. Article 34 When extracting ground water involving multiple strata, the following water storage strata shall be extracted separately and may not be extracted in a mixed manner: 1. semi-saltwater, saltwater and bittern strata; 2. water storage stratum already polluted; 3. water storage stratum that contains toxic, harmful elements and the percentage exceeds the health standards for domestic and drinking water; and 4. ground hot water, hot springs and mineral water with medical values and special economic values. Article 35 If a prospecting project exposes or penetrates through the water storage strata, the work to block water by stratum and close the holes must be done well strictly according to the relevant requirements. Article 36 When toxic or harmful waste water is discharged from mining shaft or mining pits, water collection projects shall be constructed in the surrounding areas of the mine beds and the effective measures are taken to prevent pollution to the ground water. Article 37 The quality of water siphoned back into underground to supplement drinking ground water shall be in compliance with the quality standards of water sources for domestic and drinking water, and shall be approved by the competent administrative departments of health of local people's governments at or above the county level. Chapter V Legal Responsibility Article 38 The imposition of fines under the provisions of Sub-paragraphs (1), (2) and (4) of Paragraph 1 of Article 46 of the Law on the Prevention and Control of Water Pollution is governed by the following provisions: 1. If refusing to apply or applying falsely for a pollutant discharge registration item required by the department of environmental protection of the State Council, a fine not exceeding 10,000 yuan may be imposed thereon; 2. If refusing an on-spot inspection from the department of environmental protection or maritime or fishery administration body or resorting to fraudulence, a fine not exceeding 10,000 yuan may be imposed thereon; and 3. If failing to pay the pollutant discharge fee or the excessive pollutant discharge fee, a fine not exceeding 50% of the fee payable may be imposed thereon, in addition to press for the payment of the pollutant discharge fee or the excessive pollutant discharge fee and the overdue fine. Article 39 The imposition of fines under the provisions of Sub-paragraph (3) of Paragraph 1 of Article 46 of the Law on the Prevention and Control of Water Pollution is governed by the following provisions: 1. If discharging or dumping waste liquid containing hypertoxic or dissolvable hypertoxic waste residues containing mercury, cadmium, arsenic, chromium, cyanide or yellow phosphorus into the water body or directly burying them underground, a fine not exceeding 100,000 yuan may be imposed thereon; 2. If discharging or dumping radioactive solid wastes, oils, acid solutions or alkali solutions or waste water containing high or medium level radioactive substances into the water body, a fine not exceeding 50,000 yuan may be imposed thereon; 3. If discharging residue oils or waste oils into the water body or cleaning vehicles or containers used to carry or contain oils and toxic pollutants in the water body, a fine not exceeding 10,000 yuan may be imposed thereon; 4. If discharging or dumping industrial waste residues or urban living refuses into the water body, or piling solid wastes at the tidal land or bank slopes below the highest water marks of rivers, lakes, canals, ditches or reservoirs, a fine not exceeding 10,000 yuan may be imposed thereon; 5. If dumping rubbish from the ship into the water body, a fine not exceeding 2,000 yuan may be imposed thereon; 6. If an enterprise or institutional unit uses karst caves to discharge or dump waste water containing pathogens or any other refuses, a fine not exceeding 20,000 yuan may be imposed thereon; and if it uses a seepage well, seepage pit or crack to discharge waste water containing toxic pollutants, a fine not exceeding 50,000 yuan may be imposed thereon; and 7. If an enterprise or institutional unit uses a ditch or pond without anti-seepage measures to transport or store waste water containing pathogens or any other refuses, a fine not exceeding 10,000 yuan may be imposed thereon; and if it uses a ditch or pond without anti-seepage measures to transport or store waste water containing toxic pollutants, a fine not exceeding 20,000 yuan may be imposed thereon. Article 40 If a fine is imposed according to the provisions of Article 47 of the Law on the Prevention and Control of Water Pollution, the fine not exceeding 100,000 yuan may be imposed. Article 41 If a fine is imposed according to the provisions of Article 48 of the Law on the Prevention and Control of Water Pollution, a fine not exceeding 100,000 yuan may be imposed. Article 42 If a fine is imposed according to the provisions of Paragraph (1) of Article 52 of the Law on the Prevention and Control of Water Pollution, a fine not exceeding 200,000 yuan may be imposed. Article 43 The fines under the provisions of Article 53 of the Law on the Prevention and Control of Water Pollution are governed by the following provisions: 1. If an enterprise or institutional unit causes a water pollution accident; the fine is calculated at 20% of the direct loss, but the maximum amount may not exceed 200,000 yuan; and 2. If a serious economic loss is caused, the fine is calculated at 30% of the direct loss, but the maximum amount may not exceed 1 million yuan. Article 44 If failing to discharge pollutants according to the provisions of the pollutant discharge permit or the interim pollutant discharge permit, the department of environmental protection which issued the permit orders the party concerned to make corrections within a given time limit and may impose a fine not exceeding 50,000 yuan thereon; and may revoke the pollutant discharge permit or the interim pollutant discharge permit in the case of serious circumstance. Article 45 If, in violation of the provisions of Article 11 of these Rules, failing to construct the pollutant discharge outlet or the total discharge control monitoring equipment as required, the department of environmental protection orders the violator to make corrections within a given time limit and may impose a fine not exceeding 10,000 yuan thereon. Article 46 If, in violation of the provisions of Paragraph 1 of Article 23 of these Rules, a construction project which discharges pollutants into the water body within a Grade II surface water source protective zone for domestic and drinking water is constructed or expanded, or a reconstructed project fails to reduce the pollutant discharge, the people's government at or above the county level orders the violator to suspend operation or shut down according to the specified limits of power. If, in violation of Paragraph 2 of Article 23 of these Rules, a pollutant is discharged in excess of the State or local standards on pollutant discharges within the Grade II surface water source protective zone for domestic and drinking water, the people's government at or above the county level orders the violator to make treatment within a given time limit and may impose a fine not exceeding 100,000 yuan thereon; and if it fails to finish the treatment task at the expiry of the given time limit, the people's government at or above the county level orders the violator to suspend operation or shut down according to the specified limits of power. If, in violation of the provisions of Paragraph 3 of Article 23 of these Rules, a dock for handling rubbish, oils and other toxic or harmful articles within a Grade II surface water source protective zone for domestic and drinking water is constructed, the department of environmental protection of the people's government at or above the county level orders the violator to dismantle it and may impose a fine not exceeding 100,000 yuan thereon. Article 47 If, in violation of Sub-paragraph (4) of Article 33 of these Rules, cracks or cavity of the water storage stratum, karst caves or deserted mining pits are used to store oil, radioactive substance, toxic chemical or farm chemical, the department of environmental protection of the local people's government at or above the county level orders the violator to make corrections and may impose a fine not exceeding 100,000 yuan thereon. Article 48 The units which pay the pollutant discharge fee or the excessive pollutant discharge fee or are warned or fined are not exempt from the responsibilities to eliminate pollution and harm and to compensate the loss. Chapter VI Supplementary Provisions Article 49 These Rules enter into operation on the day of promulgation. The Rules for Implementation of the Law of the People's Republic of China on the Prevention and Control of Water Pollution approved by the State Council and promulgated by the State Environmental Protection Administration on July 12, 1989 are repealed at the same time. |
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