20 19 Regulations on Prevention and Control of Water Pollution in Xiangjiang River Basin of Hunan Province

Regulations of Hunan Province on Prevention and Control of Water Pollution in Xiangjiang River Basin

(Announcement No.6 of the Standing Committee of the Ninth Hunan Provincial People's Congress was released on August 4th 1998)

Chapter I General Provisions

Article 1 In order to strengthen the prevention and control of water pollution in Xiangjiang River Basin, protect and improve the water quality of Xiangjiang River, and safeguard human health, these Regulations are formulated in accordance with the Law of People's Republic of China (PRC) on the Prevention and Control of Water Pollution and other relevant laws and regulations, combined with the actual situation of this province.

Article 2 These Regulations shall apply to the prevention and control of pollution of surface water bodies such as rivers, lakes, reservoirs and channels in Xiangjiang River Basin of this province.

Article 3 The goal of water pollution prevention and control in Xiangjiang River Basin: to achieve the discharge standard of industrial water pollutants in the whole basin according to national requirements; Focus on reducing heavy metal pollutant emissions; Ensure that the surface water quality of drinking water in the whole basin is stable and meets the national standards.

Article 4 The prevention and control of water pollution in Xiangjiang River Basin shall adhere to the principles of unified leadership, graded responsibility, unified planning and comprehensive management, and implement the system of combining pollutant discharge up to standard with total amount control.

Article 5 The people's governments at or above the county level in Xiangjiang River Basin shall be responsible for the water environment quality in their respective administrative areas, incorporate the prevention and control of water pollution in Xiangjiang River Basin into the national economic and social development plan, increase investment in environmental protection, and ensure the realization of the prevention and control objectives of water pollution in Xiangjiang River Basin.

The provincial people's government shall decompose the task of water pollution prevention and control in Xiangjiang River basin into the municipal people's government with districts in the basin, and make regular assessment and complete it within a time limit.

Article 6 The people's governments at or above the county level in Xiangjiang River Basin and their relevant departments shall strengthen the publicity and education of water pollution prevention and control and supervision by public opinion, and raise public awareness of environmental protection.

Seventh people's governments at or above the county level in the Xiangjiang River Basin shall regularly report to the people's government at the next higher level and the Standing Committee of the people's congress at the same level on the prevention and control of water pollution in the Xiangjiang River Basin within their respective administrative areas.

Article 8 The competent administrative department of environmental protection of the people's governments at or above the county level in Xiangjiang River Basin shall exercise unified supervision and management over the prevention and control of water pollution in their respective administrative areas; Other relevant administrative departments shall, in accordance with their respective duties, do a good job in the prevention and control of water pollution in Xiangjiang River Basin.

Article 9 All units and individuals have the obligation to protect the water environment of Xiangjiang River Basin, and have the right to report and accuse the units and individuals that pollute the water environment of Xiangjiang River Basin.

Units and individuals that have made remarkable achievements in the prevention and control of water pollution in Xiangjiang River Basin shall be commended and rewarded by the people's governments at or above the county level or the relevant departments.

Chapter II Supervision and Administration

Article 10 The competent administrative department of environmental protection of the provincial people's government shall, jointly with the relevant competent departments of planning, water administration, etc., prepare a water pollution prevention and control plan for Xiangjiang River Basin, which shall be implemented after being approved by the provincial people's government.

The people's governments of cities and counties in Xiangjiang River Basin shall, according to the water pollution prevention and control plan of Xiangjiang River Basin approved by the people's governments at higher levels, formulate the water pollution prevention and control plan of Xiangjiang River Basin in their respective administrative areas and organize its implementation.

Eleventh Xiangjiang River basin in accordance with the provisions of the state, divided into drinking water surface water source protection zones and other first-class protection zones. The first-class protection area of drinking water surface water source is designated by the provincial people's government; Other protected areas of drinking water surface water sources at all levels shall be designated by the provincial people's government or the municipal people's government with districts authorized by it.

Twelfth people's governments at or above the county level in the Xiangjiang River Basin shall rationally adjust the industrial layout and industrial structure to promote cleaner production; Encourage research on water pollution prevention and control, and popularize the research results of water pollution prevention and control technology.

Article 13 The competent administrative department of environmental protection of the provincial people's government shall, jointly with the administrative departments of planning, economy and trade of the provincial people's government and the competent departments of relevant industries, formulate a list of industries and products prohibited and strictly restricted in Xiangjiang River Basin, which shall be submitted to the provincial people's government for approval before implementation.

Article 14 The competent administrative department of environmental protection of the provincial people's government shall, according to the national "Environmental Quality Standards for Surface Water", formulate the municipal boundary water quality standards for the cities with districts in the main stream of Xiangjiang River, and submit them to the provincial people's government for approval before implementation.

Fifteenth Xiangjiang River Basin District Municipal People's government shall strictly control the total discharge of pollutants, to ensure that the water quality of the exit section meets the requirements of the Xiangjiang River mainstream municipal water quality standards; Can not meet the requirements, the provincial people's government shall instruct the relevant municipal people's government to find out the reasons and take measures to rectify within a time limit.

Article 16 The administrative department of environmental protection of the provincial people's government shall, jointly with the water administrative department, set up a monitoring section at the junction of the city divided into districts in the main stream and tributaries of Xiangjiang River, monitor the water quality of the junction section, and announce it to the public through the media every month.

Seventeenth provincial people's government environmental protection administrative department and the water administrative department shall strengthen the monitoring of water quality and water regime in the dry season of Xiangjiang River Basin, and report the monitoring situation in a timely manner.

The competent administrative department of environmental protection of the provincial people's government shall, jointly with the water administrative department, determine the total amount of pollutants discharged in the dry season of Xiangjiang River basin according to the needs, and decompose it into pollutant discharge units step by step for limited discharge.

Eighteenth construction projects and other water facilities that directly or indirectly discharge pollutants into the Xiangjiang River Basin, the project construction units and individuals shall solicit the opinions of the competent administrative department of environmental protection of the people's government at or above the county level in writing before the project proposal is submitted for approval. The competent administrative department of environmental protection shall put forward written opinions within ten days; If the competent administrative department of environmental protection considers that it does not meet the requirements of environmental protection, the relevant departments shall not initiate the project.

Article 19 When the competent administrative department of environmental protection of the people's government at or above the county level examines and approves the environmental impact report of the construction project that discharges pollutants into the water body of Xiangjiang River Basin, it shall not break through the control index of the total amount of water pollutants discharged in this administrative area. The environmental impact report approved by the competent administrative department of environmental protection of the people's government of the city or county shall be submitted to the competent administrative department of environmental protection of the provincial people's government for the record.

The environmental impact statement shall contain the opinions of the units and residents where the construction project is located.

Twentieth construction projects of water pollution prevention and control facilities must be designed, constructed and put into use at the same time with the main project. Water pollution prevention and control facilities must be inspected by the competent administrative department of environmental protection of the people's government at or above the county level; If the requirements are not met, the construction project shall not be put into production or use.

Water pollution prevention and control facilities must be kept in normal use, and shall not be dismantled or left idle without the approval of the competent administrative department of environmental protection.

Twenty-first sewage units that discharge pollutants into the Xiangjiang River Basin shall report and register with the local environmental protection administrative department in accordance with state regulations; After monitoring and verification by the competent administrative department of environmental protection, the pollutant discharge permit shall be issued if it does not exceed the national or local pollutant discharge standards and total pollutant discharge control indicators; Those that exceed the national or local pollutant discharge standards or total pollutant discharge control targets shall be treated within a time limit; Temporary pollution discharge permits will be issued during the treatment period.

Twenty-second sewage units to discharge pollutants into the Xiangjiang River Basin, pay sewage charges in accordance with the provisions; Those who exceed the national or provincial pollutant discharge standards shall pay the excessive sewage charges in accordance with the regulations and be responsible for the treatment.

Sewage charges and excessive sewage charges shall be used for pollution prevention and control in accordance with relevant state regulations and shall not be used for other purposes.

The audit department shall audit the use of sewage charges and excessive sewage charges according to law.

Chapter III Pollution Prevention and Control

Twenty-third people's governments at all levels and relevant departments in charge of the Xiangjiang River Basin shall protect the ecological environment, organize afforestation and prevent soil erosion; Strengthen the regulation of water conservancy projects, dredge rivers and expand the water environment capacity of Xiangjiang River basin; Popularize integrated pest control technology, develop ecological agriculture and prevent pesticide and fertilizer pollution.

Article 24 The municipal people's government with districts in Xiangjiang River Basin and its relevant competent departments shall, in accordance with the requirements of water pollution prevention and control planning in Xiangjiang River Basin, improve the urban sewage pipe network, build urban centralized sewage treatment facilities, and ensure their normal operation.

Urban sewage must enter the centralized treatment facilities of urban sewage for treatment through urban sewage pipe network.

Twenty-fifth ports and docks in the Xiangjiang River Basin shall be equipped with pollution treatment facilities.

Ports, docks and ships that store and transport dangerous goods that may pollute water quality shall take safety measures such as overflow prevention, seepage prevention and leakage prevention. Motor ships should be equipped with oil collection or oil-water separation devices and waste collection devices.

Twenty-sixth sewage units shall establish a target responsibility system for environmental protection, take comprehensive prevention measures, improve the utilization rate of resources, and prevent the pollution and harm of wastewater, waste residue and radioactive substances produced in production, construction or other activities to the water environment of Xiangjiang River basin.

Twenty-seventh environmental protection administrative departments of the people's governments at or above the county level shall strengthen the supervision and inspection of the key pollutant discharge units announced by the national and provincial people's governments, and regularly announce the inspection to the public.

Key pollutant discharge units shall not build projects to expand production scale before completing the task of governance.

Twenty-eighth key sewage units that directly discharge pollutants into the main stream of Xiangjiang River shall install sewage metering devices at the sewage outlets and report the data to the competent administrative department of environmental protection in accordance with the regulations. The competent administrative department of environmental protection shall conduct inspections from time to time.

Twenty-ninth sewage units that have caused serious pollution to the water bodies in Xiangjiang River Basin shall be ordered by the people's governments at or above the county level to treat within a time limit, and the list of treatment within a time limit shall be published; Without governance value, the people's government at or above the county level shall order it to close down or suspend business.

Article 30 The administrative department of environmental protection of the people's government at or above the county level in Xiangjiang River Basin shall strengthen the supervision and inspection of places where toxic and harmful substances are piled up, such as oxidation ponds, sewage ponds, ash storage yards and garbage disposal yards, and urge relevant units to take measures to prevent water pollution accidents.

Thirty-first sewage units that have caused or may cause water pollution accidents shall immediately take emergency measures and report to the competent administrative department of environmental protection; After receiving the report, the competent administrative department of environmental protection shall report to the people's government at the same level and the competent administrative department of environmental protection at the next higher level in a timely manner, and notify the competent administrative department of environmental protection and the competent administrative department of water in the adjacent downstream, and notify the units and residents in the area that may be affected when necessary.

Thirty-second Xiangjiang River Basin prohibits the following acts:

Local production of cotton products and radioactive products;

(2) indigenous arsenic smelting, mercury smelting, lead smelting, zinc smelting, oil refining, gold selection, bleaching and dyeing, electroplating and pesticide production;

(three) new small chemical pulp and paper mills, tanneries and dye factories without water pollution prevention measures;

(4) Dumping or discharging industrial waste residue, urban garbage and other wastes into water bodies;

Other acts of water pollution prohibited by laws and regulations.

Thirty-third in the Xiangjiang River Basin drinking water surface water source protection zone, in addition to comply with the provisions of article thirty-second, should also comply with the following provisions:

(1) It is forbidden to build or expand construction projects unrelated to water supply facilities and water source protection;

(2) It is forbidden for ships carrying toxic, harmful or radioactive substances to carry out loading and unloading operations;

(three) it is forbidden to engage in activities that may pollute water sources, such as tourism, swimming, and water catering.

Chapter IV Legal Liability

Article 34 Whoever, in violation of the provisions of Article 17 of these regulations, discharges pollutants beyond the standard during the dry season shall be ordered by the competent administrative department of environmental protection of the people's government at or above the county level to make corrections, and may be fined between 10,000 yuan and 50,000 yuan; If the circumstances are serious, the people's government at or above the county level shall order it to close down or suspend business; The directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law.

Article 35 Whoever, in violation of Article 20 of the Regulations, intentionally uses water pollution prevention and control facilities abnormally or dismantles or leaves them idle without authorization, and discharges pollutants exceeding the prescribed standards, the competent administrative department of environmental protection of the people's government at or above the county level shall order them to resume normal use or re-install them within a time limit, and impose a fine of not less than 1,000 yuan but not more than 30,000 yuan according to the seriousness of the case.

Article 36 Whoever, in violation of the provisions of Article 28 of these regulations, fails to install and use pollutant discharge metering devices in accordance with the provisions or practices fraud when using pollutant discharge metering devices, shall be ordered by the competent administrative department of environmental protection of the people's government at or above the county level to make corrections, and may be fined between 1,000 yuan and 10,000 yuan according to the circumstances.

Thirty-seventh violations of laws and regulations on the prevention and control of water pollution in Xiangjiang River Basin shall be handled in accordance with the provisions of relevant laws and regulations.

Thirty-eighth incomes from fines and confiscations shall be turned over to the state treasury in accordance with state regulations and included in the budget management.

Article 39 If a party refuses to accept a specific administrative act made by an administrative organ, it may apply for administrative reconsideration or bring an administrative lawsuit according to law.

Fortieth units that cause water pollution hazards in violation of the provisions of these regulations have the responsibility to eliminate the hazards and compensate the units or individuals that directly suffer losses; If a serious water pollution accident constitutes a crime, criminal responsibility shall be investigated according to law.

Article 41 If the competent administrative department of environmental protection of the people's government at or above the county level and other relevant administrative departments and their staff illegally approve projects, misappropriate sewage charges or exceed the standard sewage charges, and fail to supervise and inspect the prevention and control of water pollution according to regulations, they shall be given administrative sanctions according to law; If losses are caused to units or individuals, they shall be liable for compensation according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter V Supplementary Provisions

Article 42 The prevention and control of water pollution in Zishui, Shui Yuan and Lishui basins in this province shall be implemented with reference to these regulations.

Article 43 These Regulations shall come into force as of the date of promulgation.