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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II SUPERVISION AND ADMINISTRATION OF THE PREVENTION AND CONTROL OF WATER POLLUTION CHAPTER III PREVENTION OF SURFACE WATER POLLUTION CHAPTER IV PREVENTION OF GROUND WATER POLLUTION CHAPTER V LEGAL RESPONSIBILITY CHAPTER VI SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. These Detailed Rules are formulated in 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). CHAPTER II SUPERVISION AND ADMINISTRATION OF THE PREVENTION AND CONTROL OF WATER POLLUTION Article 2. The plans for preventing and controlling the water pollution of river basins, which are worked out pursuant to Article 10 of the Law on the Prevention and Control of Water Pollution shall cover: (1) the requirements for the environmental functions of the water bodies; (2) the water quality aims to be reached by phases and the time limits therefore; (3) the key regions to be controlled and major pollution sources for water pollution prevention and control, as well as the concrete implementing measures; and (4) the planning on the construction of facilities for the urban drainage and sewage treatment. Article 3. The competent administrative departments of water of the 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 4. An enterprise or public institution shall, if it has to discharge any 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 of the place where it is located. If an enterprise or public institution 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 public institution has to dismantle or leave idle its pollutant treatment facilities, it shall file an application with the department of environmental protection of the local people's government at or above the county level of 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, an approval shall be deemed to have been given. Article 6. If a water body does not meet the water environmental quality standards established by the State even after measures are taken to limit its discharge of pollutants, it may be subject to the control of the total discharge of major pollutants. The plans on the control of the total discharge of pollutants for important river basins as determined by the State shall be 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 of pollutants for other water bodies shall be 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 be 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 of pollutants for the water bodies involving two or more provinces, autonomous regions, or municipalities directly under the Central Government shall be formulated through consultation by the people's governments of the related provinces, autonomous regions, and municipalities directly under the Central Government. Article 7. A plan on the control of total discharge of pollutants shall contain the area of the control of total discharge, types and total discharge of major pollutants, the pollutant discharge to be reduced, and the time limit for 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 the formulation of an 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 entities required to reduce their discharge of pollutants, the types and the quantities of the key pollutants of each pollutant discharging unit subject to the control of total discharge, the pollutant discharge to be reduced, and the time limit for the reduction. Article 9. The allocation of quota for the 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 way. The measures for the allocation of quotas of the control of total discharge shall be 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 entities within their respective administrative areas according to the implementing program for the control of total discharge, and issue a pollutant discharge permit to those whose discharge does not exceed the quotas for the control of total discharge; order those whose discharge exceeds the quotas for the control of total discharge to make treatment within a given time limit and issue an interim pollutant discharge permit for the treatment period. The concrete measures therefor shall be formulated by the department of environmental protection of the State Council. Article 11. The entities reducing the pollutant discharge as determined in the implementing program for the control of total discharge shall construct pollutant discharge outlets and install monitoring equipment for the control of total discharge of pollutants according to the regulations of the department of environmental protection of the State Council. Article 12. The people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government of the places where the major river basins as determined by the state are located shall implement the water environmental quality standards applicable to water bodies within the 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 as determined by the State shall be strictly governed by the water environmental quality monitoring norms as formulated by the department of environmental protection of the State Council. Article 14. The administrative departments of urban construction shall, according to the overall urban planning, organize the formulation of specialized plans on urban drainage and waste water treatment, and organize the construction of 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 shall be governed by the pollutant discharge standards as established by the State or the localities. The operating entities of central treatment facilities for urban waste water shall be responsible for the quality of the 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 the water flowing out of the central treatment facilities for urban waste water. Article 16. A pollutant discharge entity 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 disposal on a periodical basis. 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 entity 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 they are completed. The pollutant discharge entity which is ordered to make treatment within a given time limit shall finish the treatment task as scheduled. If it is unable to do so due to force majeure, it shall, 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 shall examine the application and makes a decision therefore. Article 17. When the departments of environmental protection and the maritime and fishery administration bodies conduct on-spot inspections into the entities which discharge pollutants into water bodies within the scope of their jurisdiction, they shall show their 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 administrative bodies conduct on-spot inspections, they may, where necessary, demand the entities 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 the 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; (8) other information and materials related to the prevention and control of water pollution. Article 19. An enterprise or public institution which causes a water pollution accident shall take measures without delay, stop or reduce its pollutant discharge within 48 hours after the occurrence of the accident, make a preliminary report about the time, location and type of the accident, the types and quantity of the pollutants discharged, the economic losses, personal injuries, and emergency measures taken by the local department of environmental protection; and after the cause of the accident is clarified after investigation, 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 precautionary 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 the monitor of the water areas likely to be affected by the pollution accident, and shall investigate into and deal with the accident. When a ship causes a water pollution accident, an immediate report shall be made to the nearby maritime administrative body. If a pollution accident is caused to a water body of fishery, an immediate report shall be made to the fishery administrative body of the place of the accident. The maritime or fishery administrative body shall, after receiving such a report, notify the department of environmental protection of the people's government at the same level and immediately start to investigate into 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 of the place of accident shall immediately inform the people's governments of 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 precautionary measures. CHAPTER III PREVENTION OF SURFACE WATER POLLUTION Article 20. The surface water source protection zones for domestic and drinking water involving two or more provinces, autonomous regions, and municipalities directly under the Central Government shall be 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 shall proposes a plan to determine them 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 protection 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 shall, jointly with the relevant departments of water resources, land resources, health and construction at the same level, propose a plan for determination and report it to the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government for approval. The surface water source protection zones for domestic and drinking water are classified into the Grade I protection zone and Grade II protection zone. Article 21. The State's Surface Water Environmental Quality Standards of Category II shall be applicable to the quality of domestic and drinking water in the Grade I protection zones of surface water sources; and the State's Surface Water Environmental Quality Standards of Category III shall be applicable to the water quality in the Grade II protection zones. Article 22. The protection of the Grade I protection zones for surface water sources for domestic and drinking water shall be 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 protection zones of surface water sources for domestic and drinking water. If a project is reconstructed within the Grade II surface water source protection zone for domestic and drinking water, the quantity of discharged pollutants shall be reduced. Within the Grade II protection zones of surface water sources for domestic and drinking water, it is forbidden to discharge pollutants in excess of the pollutant discharge standards as established by the State or the localities. Within the Grade II protection zones of surface water sources for domestic and drinking water, it is forbidden to construct docks for handling rubbish, oils or other toxic or harmful materials. Article 24. If the industrial waste water and urban waste water are used for irrigation, the competent administrative departments of agriculture of the local people's governments at or above the county level shall organize regular monitoring over the quality of the water used for irrigation, of the post-irrigation soil 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 complies with the State's regulations, and shall have a quality certificate issued by the ship inspection departments. A ship which does not have pollution prevention equipment or whose pollution prevention equipment does not comply with the State's regulations shall meet the specified standards within a given time limit. Article 26. Ships in inland rivers shall keep pollution prevention documents or log documents required by the maritime administration bodies. Oil tankers with a tonnage of 150 tons or above or non-oil tankers with a tonnage of 400 tons or above in inland rivers shall keep records of the types of oil. Article 27. Ports or docks shall be equipped with the receiving and treatment facilities of waste water containing oil and refuse. The port management entities shall be responsible for the construction, management and maintenance of such receiving and treatment facilities. No ship in an inland river may discharge waste oil, residue oil or rubbish into the water body. Passenger and tourist ships in inland rivers shall establish a rubbish control system. Article 28. For the following operations carried out by ships at the ports, one shall file an application in advance to the maritime administration body and may not start such operations within the designated areas until its application is approved: (1) to wash the decks and cabins of ships loaded with toxic goods or bulk goods with dust; (2) to discharge waste water produced by ballast, cabin washing or engine room and other residue substances; (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 a port or dock, the ship owner and the operating entities shall take precautionary measures to prevent pollution to the water body. Article 30. If a ship accident causes or is likely to cause pollution to a water body, the maritime administrative body shall organize compulsory salvage or tugging, and all expenses arising therefrom shall be borne by the owner of the ship that the accident. Article 31. The entities engaging in ship building, repairing, dismantling and salvaging shall be equipped with pollution prevention equipment and facilities. When conducting such operations, they shall take precautionary measures to prevent pollution to the water body produced by oil, oil mixture and other refuse. 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 shall, jointly with the relevant administrative departments, such as water resources, land resources, health and construction at the same level, propose a plan for determining ground water source protection zones for domestic and drinking water in accordance with the geographic location of water sources for domestic and drinking water, hydro-geological 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 shall be 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 protection 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 hyper-toxic or high¨Cresidue pesticides; (4) to use cracks or cavity of the water storage stratum, solution caves or deserted mine pits to store oils, radioactive substances, toxic chemicals or pesticides. 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; (4) ground hot water, hot springs and mineral water with medical values and special economic values. Article 35. If the water storage strata has to be exposed or penetrated through in a prospecting project, the work to block water by stratum and close the holes shall be done well in strict accordance with the relevant requirements. Article 36. When toxic or harmful waste water is discharged from a mining shaft or mining pit, water collection projects shall be constructed in the surrounding areas of the mine beds and effective measures shall be taken to prevent pollution to the ground water. Article 37. The quality of water siphoned back into the 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 department 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 Items (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) Where anyone refuses to report or makes any false report of the pollutant discharge registration items as required by the department of environmental protection of the State Council, it or he may be fined not more than 10,000 yuan; (2) Where anyone rejects any on-the-spot inspection of the department of environmental protection or maritime or fishery administrative body or resorting to trickery means, it or he may be fined not more than 10,000 yuan; (3) Where anyone fails to pay pollutant discharge fee or the excessive pollutant discharge fee, it or he may be fined not more than 50% of the fee payable, in addition to paying the pollutant discharge fee or the excessive pollutant discharge fee and the overdue fine. Article 39. The imposition of fines under the provisions of Item (3) of Paragraph 1 of Article 46 of the Law on the Prevention and Control of Water Pollution shall be governed by the following provisions: (1) Anyone who discharges or dumps waste liquid containing hyper-toxic or dissolvable hyper-toxic waste residues containing mercury, cadmium, arsenic, chromium, cyanide or yellow phosphorus into any water body or directly burying them underground may be fined not more than 100,000 yuan; (2) Where anyone discharges or dumps radioactive solid wastes, oils, acid solutions or alkali solutions or waste water containing high or medium level radioactive substances into any water body, a fine not exceeding 50,000 yuan may be imposed thereon; (3) Where anyone discharges residue oils or waste oils into any water body or cleans vehicles or containers used to carry or contain oils and toxic pollutants in any water body, a fine not exceeding 10,000 yuan may be imposed thereon; (4) Where anyone discharges or dumps industrial waste residues or urban living refuse into any water body, or piles 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) Where anyone dumps rubbish from the ship into the water body, a fine not exceeding 2,000 yuan may be imposed thereon; (6) If an enterprise or public institution uses solution caves to discharge or dump waste water containing pathogens or any other refuse, 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; (7) If an enterprise or public institution uses a ditch or pond without anti-seepage measures to transport or store waste water containing pathogens or any other refuse, 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 may be up to 100,000 yuan. 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, the fine may be up to 100,000 yuan. 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, the fine may be up to 200,000 yuan. Article 43. The fines under the provisions of Article 53 of the Law on the Prevention and Control of Water Pollution shall be governed by the following provisions: (1) If an enterprise or public institution causes a water pollution accident; the fine shall be calculated at 20% of the direct losses, but the maximum amount may not exceed 200,000 yuan; (2) If a serious economic loss is caused, the fine shall be calculated at 30% of the direct losses, but the maximum amount may not exceed 1 million yuan. Article 44. Where any entity fails to discharge pollutants by violating the provisions of the pollutant discharge permit or the interim pollutant discharge permit, the department of environmental protection which issued the permit shall order it to make corrections within a given time limit and may impose a fine not exceeding 50,000 yuan thereon; it may also revoke the pollutant discharge permit or the interim pollutant discharge permit thereof in case the circumstance is serious. Article 45. If, in violation of the provisions of Article 11 of these Rules, anyone fails to construct the pollutant discharge outlet or the total discharge control monitoring equipment as required, the department of environmental protection shall order it to make corrections within a given time limit and may impose a fine not exceeding 10,000 yuan thereon. Article 46. If, as 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 protection 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 shall order, within its limit of power, the violator to suspend its operations or shut down. If, as in violation of Paragraph 2 of Article 23 of these Rules, any pollutant is discharged in excess of the State or local standards on pollutant discharge within the Grade II surface water source protection zone for domestic and drinking water, the people's government at or above the county level shall order 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 shall order, within its limit of power, it to suspend its operations or to shut down. If, as 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 protection zone for domestic and drinking water is constructed, the department of environmental protection of the people's government at or above the county level shall order the violator to dismantle it and may impose a fine not exceeding 100,000 yuan thereon. Article 47. If, as in violation of Sub-paragraph (4) of Article 33 of these Rules, cracks or cavity of the water storage stratum, solution 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 shall order the violator to make corrections and may impose a fine not exceeding 100,000 yuan thereon. Article 48. The entities which pay pollutant discharge fee or excessive pollutant discharge fee or are warned or fined shall not be exempt from the liabilities of eliminating the pollution and harm, as well as compensating for the losses they have brought about. CHAPTER VI SUPPLEMENTARY PROVISIONS Article 49. These Detailed Rules shall come into force as of the promulgation date. The Detailed Rules for the Implementation of the Law of the People's Republic of China on the Prevention and Control of Water Pollution as approved by the State Council and promulgated by the State Environmental Protection Administration on July 12, 1989 shall be repealed simultaneously. |
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