Law of the People's Republic of China on Prevention and Control of Water Pollution (2017 Revision)

(Adopted at the Fifth Session of the Standing Committee of the Sixth National People's Congress on May 11, 1984 Adopted at the Fifth Plenary Session of the Standing Committee of the Sixth National People's Congress on May 15, 1996, at the 19th Meeting of the Standing Committee of the Eighth National People's Congress on Amending the People's Republic of China Pollution Prevention and Control Law "First Amendment February 28, 2008 Revised by the 32nd meeting of the Standing Committee of the Tenth National People's Congress According to the Standing Committee of the Twelfth National People's Congress on June 27, 2017, Twenty-Eighth Meeting "on the revision of" People's Republic of China Water Pollution Prevention Law "second amendment)

table of Contents

Chapter I General Provisions

Chapter II Water Pollution Prevention and Control Standards and Planning

Chapter III Supervision and Management of Water Pollution Prevention and Control

Chapter IV Water Pollution Prevention and Control Measures

Section I General Provisions

Section II Prevention and Control of Industrial Water Pollution

Section III Prevention and Control of Urban Water Pollution

Section IV Agricultural and Rural Water Pollution Prevention and Control

Section V Prevention and Control of Ships' Water Pollution

Chapter V Protection of drinking water sources and other special water bodies

Chapter VI Disposal of Water Pollution Accidents

Chapter VII Legal Liability

Chapter VIII Supplementary Provisions

Chapter I General Provisions

Article 1 This Law is enacted in order to protect and improve the environment, prevent and control water pollution, protect the aquatic ecology, safeguard the safety of drinking water, safeguard public health, promote the construction of ecological civilization and promote the sustainable economic and social development.

Article 2 This law shall apply to the prevention and control of the pollution of surface water bodies and groundwater bodies such as rivers, lakes, canals, channels and reservoirs in the territory of the People's Republic of China.

Marine Pollution Prevention and Control applies "Law of the People's Republic of China on the Protection of the Marine Environment".

Article 3 The prevention and control of water pollution should adhere to the principle of prevention first, combination prevention and treatment, and comprehensive treatment, give priority to the protection of sources of drinking water, strictly control industrial pollution, urban pollution and prevention and control of agricultural non-point source pollution, actively promote the construction of ecological control projects, Control and reduce water pollution and ecological damage.

Article 4 The people's government at or above the county level shall incorporate the protection of water environment into the planning of national economic and social development.

Local people's governments at various levels are responsible for the quality of water environment in their own administrative areas and should take timely measures to prevent and control water pollution.

Article 5 Provinces, cities, counties and townships shall establish long river systems and organize the water resources protection of the rivers and lakes in their respective administrative regions in a hierarchical and sub-divided manner, shoreline management of water areas, prevention and control of water pollution, and treatment of water environment.

Article 6 The State implements the responsibility system for water environment protection and the appraisal and evaluation system, and takes the completion of the water environment protection goal as the assessment of the local people's government and its responsible persons.

Article 7 The state encourages and supports the popularization and application of science and technology research on water pollution prevention and control and advanced and applicable technologies, and publicity and education on water environment protection.

Article 8 The State shall establish and improve the compensation mechanism for the ecological environment protection of water environment located in the drinking water source protection areas and the upstream areas of rivers, lakes and reservoirs through financial transfer payment and other means.

Article 9 The environmental protection department of the people's government at or above the county level shall exercise unified supervision and administration over the prevention and control of water pollution.

The maritime administrative department of the competent department of traffic shall supervise and administer the prevention and control of polluted waters of ships.

Water resources protection agencies of the people's governments at or above the county level in water administration, land and resources, health, construction, agriculture, fisheries and other important rivers and lakes shall, within their respective responsibilities and duties, supervise and administer the prevention and control of water pollution.

Article 10 The discharge of water pollutants shall not exceed the water pollutant discharge standards as prescribed by the state or local governments and the control indicators of the total amount of water pollutants discharged by the state.

Article 11 Any unit or individual is obliged to protect the water environment and has the right to report the pollution and damage to the water environment.

The people's governments at or above the county level and their competent departments shall commend and reward units and individuals that have made outstanding achievements in water pollution prevention and control work.

 

Chapter II Water Pollution Prevention and Control Standards and Planning

Article 12 The competent department of environmental protection under the State Council shall formulate the national water quality standards.

The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may formulate local standards for items not specified in the national water quality standards and report them to the environmental protection department under the State Council for the record.

Article 13 The competent department of environmental protection under the State Council together with the department in charge of water administration under the State Council and the people's government in the relevant province, autonomous region or municipality directly under the Central Government may, according to the functions of water bodies used by important rivers and lakes in the country and the economic and technological conditions in the relevant areas, The quality standards of water environment applicable to the water bodies in the important rivers and lakes of the major rivers and lakes shall be submitted to the State Council for approval before implementation.

Article 14 The competent department of environmental protection under the State Council shall formulate the national water pollutant discharge standards according to the national water quality standards and the national economic and technological conditions.

People's governments of provinces, autonomous regions and municipalities directly under the Central Government may formulate local standards for discharge of water pollutants for items that are not specified in the national standards for discharge of water pollutants. For items already specified in the national standards for discharge of water pollutants, Pollutant discharge standards for local water pollutant discharge standards. Local water pollutant discharge standards shall be submitted to the environmental protection department under the State Council for the record.

Where a pollutant is discharged into a water body that already has a local water pollutant discharge standard, a local water pollutant discharge standard shall be implemented.

Article 15 The competent department of environmental protection under the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, in accordance with the requirements of water pollution prevention and control and the economic and technological conditions at the national or local levels, revise the water quality standards and water pollutant discharge standards in due course.

Article 16 Water pollution prevention and control shall be planned centrally by watershed or by region. The water pollution prevention and control plans for river basins of important rivers and lakes determined by the state shall be formulated by the competent department of environmental protection under the State Council together with the departments of economy comprehensive macroeconomic regulation and control and water administration under the State Council and the people's governments of relevant provinces, autonomous regions and municipalities directly under the Central Government and submitted to the State Council for approval.

According to the planning of prevention and control of water pollution in rivers and lakes of important rivers and lakes stipulated by the state and local actual conditions, the planning of prevention and control of water pollution in rivers and lakes of other provinces, autonomous regions and municipalities directly under the Central Government shall be formulated by the people's governments of relevant provinces, autonomous regions and municipalities directly under the Central Government The department in charge of environmental protection, together with the department of water administration at the same level, and the people's government of the relevant city and county shall review the application and submit it to the State Council for approval after being examined by the people's government of the relevant province, autonomous region or municipality directly under the Central Government.

The water pollution prevention and control plans of rivers, lakes and rivers across the counties, autonomous regions and municipalities directly under the Central Government shall be formulated by the environmental protection authorities of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government according to the planning of water pollution control of the rivers and lakes and the actual local conditions determined by the state. The same level of water administration and other departments, submitted to the provinces, autonomous regions and municipalities People's Government for approval, and submitted to the State Council for the record.

The approved water pollution prevention and control plan is the basic prevention and control of water pollution, and the revision of the plan shall be subject to the approval of the original approval authority.

The local people's government at or above the county level shall, in accordance with the plan for the prevention and control of water pollution in rivers and lakes approved by law, organize the formulation of water pollution prevention and control plans for its own administrative area.

Article 17 The municipal, county-level people's governments shall, in accordance with the requirements of the water environment quality improvement targets as set out in the water pollution prevention and control plan, formulate deadline-based planning and take measures to meet the standards on schedule.

Relevant city and county people's governments shall report to the people's government at the next higher level for the record and make them public to the public.

Article 18 Municipalities and county people's governments shall, when reporting to the people's congress at the corresponding level or their standing committees on the completion of the state of the environment and the goal of environmental protection, report on the implementation of the water quality standards deadline for compliance with the plan, And to the public.

 

Chapter III Supervision and Management of Water Pollution Prevention and Control

Article 19 The construction projects and other water facilities that directly or indirectly discharge pollutants into a water body shall be newly constructed, rebuilt or expanded, and the environmental impact assessment shall be conducted according to law.

When the construction unit newly builds, rebuilds or expands a sewage outfall in a river or a lake, it shall obtain the consent of the water administrative department or the basin management agency. When it comes to navigation and fishery waters, the competent department of environmental protection shall, when examining and approving the environmental impact assessment document, Views of fishery authorities.

The water pollution prevention and control facilities of the construction project shall be designed, constructed and put into use simultaneously with the main project. Water pollution prevention and control facilities shall comply with the requirements of the environmental impact assessment documents approved or filed.

Article 20 The state exercises a total amount control over the discharge of key water pollutants.

The key indicators for controlling the total amount of water pollutants discharged by the State Council department in charge of environmental protection shall be submitted to the State Council for approval and promulgated by the State Council in conjunction with the opinions of the relevant departments under the State Council and the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government.

The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, in accordance with the provisions of the State Council, reduce and control the total discharge of key water pollutants in their own administrative areas. The specific measures shall be formulated by the competent department of environmental protection under the State Council in conjunction with the relevant department under the State Council.

The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may exercise total control over the discharge of other water pollutants other than the state's key water pollutants according to the quality of the water environment in their respective administrative areas and the need for prevention and control of water pollution.

For areas exceeding the control targets for key water pollutant discharges or for improving the water quality of the environment, the competent department of environmental protection of the people's government above the provincial level shall, in conjunction with relevant departments, interview the key people-in-charge of the people's governments in the area and suspend the examination and approval of the new Increase emphasis on water pollutant emissions from the construction of the project's environmental impact assessment documents. The interview should be open to the public.

Article 21 Enterprises and institutions and other production and business operators that directly or indirectly discharge industrial wastewater and medical wastewater to bodies of water and other waste water and sewage that can be discharged in accordance with the provisions of the sewage discharge permit shall obtain a sewage discharge permit; urban sewage The unit handling the centralized treatment facilities shall also obtain the sewage discharge permit. Sewage discharge permit should be clear discharge of water pollutants of the type, concentration, total emissions and where to go. The specific measures for discharging allowances shall be prescribed by the State Council.

It is forbidden for enterprises and institutions and other production and operation operators to discharge the wastewater and sewage prescribed in the preceding paragraph to the water body without the pollutant discharge permit or in violation of the pollution discharge permit.

Article 22 Enterprises and institutions that discharge pollutants into water bodies and other production and business operators shall set up sewage outfalls in accordance with laws, administrative regulations and the provisions of the competent department of environmental protection under the State Council. When setting outfalls in rivers and lakes, they shall also observe State Council department in charge of water administration.

Article 23 Enterprises and institutions and other production and business operators that carry out discharge permit management shall, in accordance with relevant state regulations and monitoring norms, conduct self-monitoring on the discharged water pollutants and keep the original monitoring records. The key pollutant discharge units shall also install automatic monitoring devices for the discharge of water pollutants, network them with the monitoring devices of environmental protection authorities, and ensure the normal operation of the monitoring devices. The specific measures shall be formulated by the department of environmental protection under the State Council.

The list of the key pollutant discharge units of the automatic monitoring equipment for the discharge of water pollutants shall be installed by the environmental protection department of the local people's government at the municipal level or above on the basis of the environmental capacity of the administrative area and the requirements for controlling the total amount of water pollutants discharged, Relevant factors such as the type, quantity and concentration of water pollutants discharged by the unit are determined by relevant departments at the same level.

Article 24 Enterprises and institutions and other production and business operators that carry out discharge permit management shall be responsible for the authenticity and accuracy of the monitoring data.

Where the department in charge of environmental protection finds that the transmission data of the automatic monitoring equipment for discharge of water pollutants by key pollutant discharge units is abnormal, it shall investigate promptly.

Article 25 The state establishes the monitoring system of water environment quality and the monitoring system of water pollutant discharge. The competent department of environmental protection under the State Council shall be responsible for formulating water environment monitoring norms, uniformly releasing information on the state of water environment in the country, organizing monitoring networks in conjunction with the department of water administration under the State Council, unifying the setting of national water environment quality monitoring stations (points), establishing monitoring data sharing mechanisms, Strengthen the management of water environment monitoring.

Article 26 The water resources protection agencies of important rivers and lakeshed areas identified by the state shall be responsible for monitoring the water quality of the water bodies in the provincial boundaries of the river basin in which they are located and timely reporting the monitoring results to the competent department of environmental protection under the State Council and the water administrator in charge of the State Council Department; if there is a leading agency for the protection of water resources in the basin established with the approval of the State Council, the monitoring result shall be promptly reported to the leading agency for the protection of water resources in the river basin.

Article 27 When developing, using, regulating and dispatching water resources, the relevant departments under the State Council and the local people's governments at or above the county level shall make overall plans and take all factors into consideration so as to maintain the rational flow of rivers and the reasonable water levels of lakes, reservoirs and groundwater bodies and guarantee the basic ecological water use , Maintain the ecological function of water body.

Article 28 The department in charge of environmental protection under the State Council shall, in conjunction with the department of water administration under the State Council and the people's government of the relevant province, autonomous region or municipality directly under the Central Government, establish a joint coordination mechanism for the protection of water environment in river basins of major rivers and lakes and implement unified planning, uniform standards and unified monitoring , A unified prevention and control measures.

Article 29 The competent department of environmental protection under the State Council and the competent department of environmental protection under the people's government of a province, autonomous region or municipality directly under the Central Government shall, in conjunction with the relevant departments at the same level, make clear the requirements for the ecological environment protection of a river basin in accordance with the functional requirements of ecological environment in the river basin and organize the monitoring of the carrying capacity of environmental resources , Evaluate and implement early warning of carrying capacity of river basin environmental resources.

Local people's governments at or above the county level shall organize the protection and restoration of rivers, lakes and wetlands in accordance with the functional requirements of ecological environment of the river basin and construct artificial wetlands, water conservation forests, buffer zones and isolation belts along the riverside lakes for ecological environment control and protection Engineering, remediation black smelly water, improve the carrying capacity of the basin's environmental resources.

Engaging in development and construction activities, effective measures should be taken to maintain the functions of ecological environment in the river basin and strictly observe the red line of ecological protection.

Article 30 The competent department of environmental protection and other departments that exercise the power of supervision and control in accordance with the provisions of this Law shall have the right to carry out on-the-spot inspections of sewage disposal units under their jurisdiction and the units to be inspected shall faithfully report the situation and provide the necessary materials. The inspection authority is obliged to keep the business secrets obtained during the inspection for the unit being inspected.

Article 31 Disputes over water pollution across administrative areas shall be settled through consultation by the relevant local people's government or by a common higher people's government.

Chapter IV Water Pollution Prevention and Control Measures

Section I General Provisions

Article 32 The competent department of environmental protection under the State Council shall, jointly with the competent department of public health under the State Council, publish a list of toxic and hazardous water pollutants according to the harms and impacts on public health and the ecological environment and implement risk management.

Enterprises and institutions that discharge toxic and harmful water pollutants listed in the preceding paragraph and other production and business operators shall monitor the discharge outlets and the surrounding environment, assess environmental risks, investigate potential environmental safety hazards and disclose information on toxic and hazardous water pollutants , Take effective measures to prevent environmental risks.

Article 33 It is forbidden to discharge oil, acid, lye or highly toxic waste liquid to the water body.

Do not clean vehicles and containers that contain oiled or toxic contaminants in water.

Article 34 It is forbidden to discharge or dump radioactive solid wastes into water or waste water containing highly radioactive and radioactive substances.

The discharge of waste water containing low-level radioactive substances to water bodies shall comply with the provisions and standards of the State concerning radioactive pollution prevention and control.

Article 35 To discharge hot water to the body of water, measures shall be taken to ensure that the water temperature of the water body meets the quality standards of water environment.

Article 36 The sewage containing pathogens shall be sterilized; it shall not be discharged until it meets the relevant national standards.

Article 37 It is forbidden to discharge or dump industrial waste, urban garbage and other wastes into the water.

It is forbidden to release soluble toxic waste residues containing mercury, cadmium, arsenic, chromium, lead, cyanide, yellow phosphorus, etc. to the water body, dump or directly buried underground.

Where toxic soluble waste residue is stored, water-proof, anti-seepage and loss-preventing measures shall be taken.

Article 38 It is forbidden to pile up and store solid waste and other pollutants on the beach and bank slopes below rivers, lakes, canals, channels and reservoirs below the highest water mark.

Article 39 It is forbidden to discharge water pollutants by means of seepage wells, seepages, cracks, caves and private concealed pipes, tampering with or forging monitoring data, or evading regulatory measures such as improper operation of water pollution prevention and control facilities.

Article 40 Operation and management units of chemical production enterprises and industrial agglomeration areas, mining areas, tailings ponds, hazardous waste disposal sites and landfills shall adopt such measures as anti-seepage and shall construct groundwater quality Monitoring wells to monitor and prevent groundwater pollution.

Underground tanks such as gas stations should use double-layer tanks or take other effective measures to construct anti-seepage tanks and carry out anti-seepage monitoring to prevent groundwater pollution.

It is forbidden to transport or store waste water containing toxic pollutants, sewage containing pathogens and other wastes using ditches, pit ponds and the like without leakage prevention measures.

Article 41 Where the water quality of multi-layered groundwater aquifers varies greatly, it shall be stratified and mined. No mixed mining shall be carried out for contaminated submersible and confined water.

Article 42 Construction of underground engineering facilities or underground exploration, mining and other activities shall take protective measures to prevent groundwater pollution.

Abandoned mines, drilling or water intake wells, etc., should be implemented closure or backfill.

Article 43 The recharge of groundwater by artificial recharge shall not worsen the quality of underground water.

Section II Prevention and Control of Industrial Water Pollution

Article 44 The relevant department of the State Council and the local people's government at or above the county level shall rationally plan the industrial layout and require the enterprises that cause water pollution to carry out technological transformation and adopt comprehensive prevention and control measures to increase the water recycling rate and reduce the discharge of waste water and pollutants .

Article 45 Enterprises that discharge industrial wastewater shall take effective measures to collect and treat all the waste water generated and prevent the pollution of the environment. Industrial wastewater containing toxic and harmful water pollutants should be collected and treated by classification and may not be diluted and discharged.

Industrial agglomeration should be supporting the construction of appropriate sewage centralized treatment facilities, the installation of automatic monitoring equipment, and environmental protection departments of monitoring equipment networking, and to ensure the normal operation of monitoring equipment.

The discharge of industrial wastewater to centralized wastewater treatment facilities shall be pretreated in accordance with the relevant provisions of the State and discharged after the treatment of centralized treatment facilities is completed.

Article 46 The state shall implement a system of elimination of backward technology and equipment that seriously pollute the water environment.

The comprehensive macro-economic control department under the State Council, in conjunction with the relevant department of the State Council, will publish the list of processes that are prohibited from being used within a time-bound period that seriously pollute the water environment and the list of equipment that is seriously banned from being manufactured, sold, imported or used within the time limit.

Producers, sellers, importers or users should stop producing, selling, importing or using equipment listed in the equipment list specified in the preceding paragraph within the prescribed time limit. Process adopters should stop using the process included in the process list as specified in the preceding paragraph within the prescribed time limit.

Equipment that has been eliminated in accordance with the provisions of paragraphs 2 and 3 of this Article may not be transferred to others for use.

Article 47 The State prohibits the construction of small-scale papermaking, leather manufacturing, dyeing and printing, dyeing, coking, smelting, refining arsenic, mercury refining, oil refining, electroplating, pesticides, asbestos, cement, glass, steel, and thermal power that do not conform to the national industrial policies And other serious pollution of the water environment of the production project.

Article 48 Enterprises shall adopt clean technology with high utilization efficiency of raw materials and less pollutant emissions, and strengthen management to reduce the production of water pollutants.

Section III Prevention and Control of Urban Water Pollution

Article 49 Urban sewage should be handled centrally.

Local people's governments at or above the county level shall raise funds through budgetary budgets and other channels and make overall arrangements for the construction of urban sewage centralized treatment facilities and supporting pipe networks so as to increase the collection rate and treatment rate of urban sewage in their respective administrative areas.

The competent department of construction under the State Council shall, in conjunction with the macroeconomic regulation and control and environmental protection departments under the State Council, organize the preparation of plans for the construction of national sewage treatment facilities in cities and towns according to urban and rural planning and water pollution prevention and control plans. Local people's governments at or above the county level organizations, macro-economic control, environmental protection, water administration and other departments of the preparation of the administrative area of ​​urban sewage treatment facilities construction planning. The competent department of construction of the local people's government at or above the county level shall, in accordance with the plan for the construction of urban sewage treatment facilities, organize the construction of urban sewage centralized treatment facilities and supporting pipe networks and strengthen the supervision and administration over the operation of centralized urban sewage treatment facilities.

The urban sewage centralized treatment facilities operating units shall provide the sewage treatment fee-based service to the sewage dischargers in accordance with the state regulations and collect the sewage treatment fees to ensure the normal operation of the sewage centralized treatment facilities. The sewage treatment fee collected shall be used for the construction, operation and sludge disposal of urban sewage centralized treatment facilities and shall not be diverted for other purposes.

The municipal sewage centralized treatment facilities sewage treatment fees, management and use of specific measures, by the State Council.

Article 50 The discharge of water pollutants to urban sewage centralized treatment facilities shall comply with the discharge standards of water pollutants prescribed by the state or local governments.

The operating unit of urban sewage centralized treatment facilities shall be responsible for the water quality of the effluent of urban sewage centralized treatment facilities.

The competent department of environmental protection shall supervise and inspect the effluent quality and amount of water in urban sewage centralized treatment facilities.

Article 51 The operating unit of municipal sewage centralized treatment facilities or the sludge treatment and disposal unit shall dispose of the sludge safely, ensure that the sludge after treatment and disposal meets the national standards, and record the whereabouts of the sludge.

Section IV Agricultural and Rural Water Pollution Prevention and Control

Article 52 The state supports the construction of rural sewage and garbage disposal facilities and promotes the centralized treatment of rural sewage and garbage.

Local people's governments at various levels should make overall planning and construction of rural sewage and garbage disposal facilities and ensure their normal operation.

Article 53 The formulation of quality standards and standards for use of fertilizers, pesticides and other products shall be adapted to the requirements of water environment protection.

Article 54 The use of pesticides shall comply with the provisions and standards of the state concerning the safe use of pesticides.

Transport, storage of pesticides and expired expired pesticides should be strengthened to prevent water pollution.

Article 55 The competent agricultural departments and other relevant departments of the local people's government at or above the county level shall take measures to guide agricultural producers in the scientific and rational application of fertilizers and pesticides, popularize soil testing and fertilizer technologies and high-efficiency, low-toxicity and low-residue pesticides, Control of excessive use of fertilizers and pesticides to prevent water pollution.

Article 56 The state supports the comprehensive utilization of livestock and poultry manure and waste water or the innocuous treatment facilities in livestock and poultry farms and breeding communities.

Livestock and poultry farms and breeding communities shall ensure the comprehensive utilization of their livestock and poultry manure and wastewater or the normal operation of sound treatment facilities to ensure discharge of sewage to the standard and prevent the pollution of the water environment.

The county and township level people's governments at the densely populated areas where livestock and poultry are free-roaming shall organize the collection and centralized treatment and utilization of the livestock manure sewers.

Article 57 In engaging in aquaculture, the ecological environment of the water area shall be protected, the density of aquaculture shall be scientifically determined, drugs should be rationed and used properly, and the water environment should not be polluted.

Article 58 The irrigation water for farmland shall meet the corresponding water quality standards to prevent the pollution of soil, groundwater and agricultural products.

It is forbidden to discharge industrial wastewater or medical wastewater to farmland irrigation channels. The discharge of urban sewage from urban irrigation channels and the waste water of livestock and poultry breeding and the processing of agricultural products that are not comprehensively utilized shall ensure that the water quality at the nearest irrigation water intake downstream of the wastewater meets the standards of irrigation water quality for farmland.

Section V Prevention and Control of Ships' Water Pollution

Article 59 Vessels that discharge oily wastewater and domestic sewage shall meet the standards for the discharge of pollutants from ships. Ships engaged in ocean shipping entering the inland rivers and ports shall abide by the standards for the discharge of pollutants from ships in the river.

Residual oil, waste oil should be recycled, into the water.

Do not dump ship rubbish on water bodies.

When loading or transporting oil or toxic cargoes, the ship shall take measures to prevent overflow and leakage so as to prevent the cargo from falling into the water and cause water pollution.

Ballast water treatment devices or other equivalent measures shall be adopted for the discharge of ballast water on vessels of international routes entering the inland rivers of the People's Republic of China to handle ballast water inactivation and other treatment. It is forbidden to discharge ballast water that is not compliant with the regulations.

Article 60 Ships shall be equipped with corresponding anti-fouling equipment and equipment in accordance with the relevant provisions of the state and hold valid certificates and instruments for preventing environmental pollution in waters.

Ships involved in the discharge of pollutants in the operation, it should strictly abide by the rules of operation, and the corresponding record book truthfully documented.

Article 61 The municipal, county-level people's governments at the ports, wharves, loading and unloading stations and ship repair factories shall make overall plans for the planning and construction of the ship's receiving and transporting of ships pollutants and wastes and the handling and disposal facilities.

Ports, docks, loading and unloading stations and ship repair factories should have adequate ship pollutants, waste receiving facilities. Units engaged in the handling of ship pollutants and wastes, or those engaged in the cleaning of cargo holds loaded with oil or dangerous goods that are polluting, shall be capable of receiving treatment according to the scale of their operation.

Article 62 Where ships and relevant operating units engage in work activities at risk of pollution, effective measures shall be taken in accordance with relevant laws, regulations and standards to prevent water pollution. The maritime administrative department and the department in charge of fisheries shall step up the supervision and administration over the operation of ships and related operations.

Where a ship carries out the trans-shipment operation of hazardous goods in bulk liquid, it shall formulate the operation plan, adopt effective measures for safety and pollution prevention and control, and submit it to the maritime administration agency at the place of work for approval.

No resort to the beach approach to dismantling the ship.

Chapter V Protection of drinking water sources and other special water bodies

Article 63 The State establishes a drinking water source protection zone system. The drinking water source protection area is divided into a first-class protection area and a second-class protection area; if necessary, a certain area can be designated as a quasi-protection area on the periphery of the drinking water source protection area.

The delineation of protected areas for drinking water sources shall be submitted to the municipalities and counties for approval by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government; the delineation of protected areas for drinking water sources across cities and counties shall be decided by the people of cities and counties The government shall propose a delineation plan in consultation and submit it to the people's government of the province, autonomous region or municipality directly under the Central Government for approval; if it fails to reach a consensus, the environmental protection department of the people's government of a province, autonomous region or municipality directly under the Central Government shall, together with the department of water administration, land and resources, sanitation and construction, After soliciting opinions from relevant departments at the same level, it shall be submitted to the people's government of the province, autonomous region or municipality directly under the Central Government for approval.

The protected areas for drinking water sources across provinces, autonomous regions and municipalities directly under the Central Government shall be designated by the relevant watershed management agencies of the people's governments of the relevant provinces, autonomous regions and municipalities directly under the Central Government; if the consultation fails, the competent department of environmental protection under the State Council, together with the water administration, land and resources, , Construction and other departments put forward the delineation plan and solicit the opinions of the relevant departments of the State Council and report to the State Council for approval.

The State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, according to the actual needs of drinking water sources protection, adjust the scope of drinking water source protection areas to ensure the safety of drinking water. The local people's government concerned shall establish a clear geographical landmark and a clear warning sign on the border of a drinking water source protection zone.

Article 64 In the drinking water source protection zone, it is forbidden to set a sewage outlet.

Article 65 It is forbidden to build, rebuild or expand new construction projects in the Grade I drinking water source protection areas with water supply facilities and protection of water sources; and construction projects not related to water supply facilities and protection of water sources shall be built up by people above the county level The government ordered the demolition or closure.

It is forbidden to engage in cage culture, tourism, swimming, fishing or other activities that may pollute drinking water bodies within the drinking water source protection zone.

Article 66 Prohibition of the construction, construction and discharge of pollutants in the Grade II Protected Areas for drinking water sources shall be prohibited. The construction projects for discharging pollutants already completed shall be ordered demolished or closed by the people's governments at or above the county level.

When engaging in activities such as cage culture and tourism within the Grade II Reserve of Drinking Water Sources, measures shall be taken in accordance with the provisions to prevent the pollution of drinking water bodies.

Article 67 It is forbidden to build or extend a construction project that is seriously polluted with water in a quasi-protected area for drinking water sources; no pollutant discharge may be increased if a project is to be rebuilt.

Article 68 Local people's governments at or above the county level shall, according to the actual needs of drinking water sources protection, adopt engineering measures or construct ecological protection measures such as wetlands and water conservation forests in quasi-protected areas so as to prevent water pollutants from directly entering the drinking water Water, to ensure drinking water safety.

Article 69 Local people's governments at or above the county level shall organize such departments as the departments of environmental protection to investigate and assess the environmental conditions and pollution risks of drinking water source protection areas, recharge areas for groundwater drinking water sources and surrounding areas of water supply units, and screen There may be pollution risk factors, and take appropriate risk prevention measures.

Where pollution of drinking water sources may threaten the safety of water supply, the competent department of environmental protection shall order the enterprises and institutions concerned and other production and business operators to take such measures as stopping the discharge of water pollutants and inform them of the units that supply drinking water and the departments of water supply, sanitation and water administration ; Inter-administrative regions, should also be notified to the local people's government.

Article 70 The people's government of a city with a single source of water supply shall construct an emergency source of water or spare water and may, if possible, carry out regional network water supply.

The local people's governments at or above the county level shall make reasonable arrangements for the distribution of drinking water sources in rural areas and may, in the areas where conditions permit, adopt the extension of urban water supply network or the construction of centralized water supply projects across villages and towns and townships to develop centralized water supply in a large scale.

Article 71 Drinking water supply units shall conduct water quality testing of water intakes and outlets. If it is found that the water quality of the intake does not meet the drinking water source water quality standard or the water quality of the outlet does not conform to the sanitary standards of drinking water, appropriate measures shall be taken promptly and reported to the water supply department of the local people's government at the county level. Upon receiving the report, the competent department of water supply shall notify the departments of environmental protection, health and water administration.

The drinking water supply unit shall be responsible for the water quality of the water supply, ensure the safe and reliable operation of the water supply facilities and ensure that the water quality of the water supply conforms to the relevant national standards.

Article 72 Local people's governments at or above the county level shall organize relevant departments to monitor and evaluate the safety of drinking water sources such as drinking water sources within the administrative region, water supply from water supply units and user tap water.

Relevant departments of the local people's government at or above the county level shall, at least quarterly, make public the status of drinking water safety information.

Article 73 The State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, in accordance with the needs of water environment protection, provide for prohibiting or restricting the use of phosphorus-containing detergents, chemical fertilizers, pesticides and restrictions on planting and breeding in drinking water source protection zones .

Article 74 People's governments at or above the county level may draw up protected areas for water bodies in scenic spots, important fishing water bodies and other waters with special economic and cultural values ​​and take measures to ensure that the water quality of protected areas meets the water quality standards for the intended use .

Article 75 No new sewage outfall shall be allowed in the protected areas of the scenic spots water bodies, important fishery water bodies and other waters with special economic and cultural values. The new sewage outfall near the reserve should be protected to protect the water body from pollution.

 

Chapter VI Disposal of Water Pollution Accidents

Article 76 Enterprises and institutions that may cause water pollution accidents at the people's governments at all levels and their relevant departments shall, in accordance with the provisions of the "Law of the People's Republic of China on Handling Incidents", prepare for emergencies of sudden water pollution accidents, Emergency response and post-recovery work.

Article 77 Any enterprise or institution that may have a water pollution accident shall formulate a contingency plan concerning water pollution accidents, make emergency preparations and conduct regular drills.

Enterprises and institutions that manufacture and store hazardous chemicals shall take measures to prevent the discharge of fire-fighting waste water and waste liquid that may seriously pollute the water body generated in the process of handling safety accidents to the water body.

Article 78 Enterprises or institutions that cause or may cause water pollution accidents in the event of an accident or other unexpected incident shall immediately start the emergency plan of the unit and take emergency measures such as isolation to prevent water pollutants from entering the water body and provide Report of the local people's government at the county level or above or the department in charge of environmental protection where the accident occurred. Upon receiving the report, the competent department of environmental protection shall promptly report to the people's government at the corresponding level and copy it to the relevant department.

Where a fishery pollution accident occurs or a fishing vessel causes a water pollution accident, it shall report to the department in charge of fisheries where the accident occurred and be investigated and dealt with. Where any other ship causes a water pollution accident, it shall report it to the maritime administrative department where the accident occurred and be subject to investigation and treatment. If any damage is caused to the fishery, the maritime administrative department shall notify the competent department of fishery to participate in the investigation and handling.

Article 79 The municipal, county-level people's governments shall organize the preparation of contingency plans for drinking water safety emergencies.

The drinking water supply unit shall formulate corresponding contingency plans according to the contingency plans for drinking water safety emergencies at its locality and report to the local people's government at the county or city level for the record and conduct regular drills.

Where a water pollution accident occurs in the source of drinking water or other unexpected event that may affect the safety of drinking water, the drinking water supply unit shall take emergency measures and report it to the municipal, county-level people's government at the place where it is located for public disclosure. The people's government concerned shall promptly start the contingency plan according to the circumstances and take effective measures to ensure the safety of water supply.

 

Chapter VII Legal Liability

Article 80 Where an environmental protection department or other department that exercises the power of supervision and administration in accordance with the provisions of this Law does not make an administrative license or approves documents in accordance with the law, it may not be investigated if it finds any violation of law or after it receives a report of an illegal act, or Where there are other acts that have not performed their duties in accordance with the provisions of this Law, the persons directly in charge and other personnel directly responsible shall be punished according to law.

Article 81 Whoever refuses or obstructs the supervision and inspection of the competent department of environmental protection or other department that exercises the power of supervision and administration in accordance with the provisions of this Law by delaying, blocking up or detaining law enforcement officials, or committing fraud when receiving supervision and inspection, Or the department in charge of environmental protection under the people's government at or above level or any other department that exercises the power of supervision and administration in accordance with the provisions of this Law shall be ordered to make corrections and be fined not less than 20,000 yuan but not more than 200,000 yuan.

Article 82 Anyone who commits one of the following acts in violation of the provisions of this Law shall be ordered by the competent department of environmental protection under the people's government at or above the county level to make corrections within a prescribed time limit and be fined not less than 20,000 yuan but not more than 200,000 yuan; Discontinued remediation:

(1) Failing to monitor the discharged water pollutants in accordance with the regulations or not keeping the original monitoring records;

(2) Failing to install an automatic monitoring device for the discharge of water pollutants according to the provisions, failing to connect with the monitoring equipment of the competent department of environmental protection in accordance with the provisions, or failing to guarantee the normal operation of the monitoring equipment;

(3) Failing to monitor the outfalls and surrounding environment of poisonous and harmful water pollutants according to the provisions, or not disclosing the information of toxic and harmful water pollutants.

Article 83 Anyone who commits one of the following acts in violation of the provisions of this Law shall be ordered by the department in charge of environmental protection under the people's government at or above the county level to correct it or be ordered to restrict production, suspend production for rectification, and be fined not less than 100,000 yuan but not more than 1 million yuan ; If the circumstances are serious, it shall be reported to the people's government for approval and shall be ordered to suspend business and be closed down:

(1) Failing to obtain the sewage discharge permit to discharge water pollutants according to law;

(2) Water pollutants exceeding the discharge standards of water pollutants or exceeding the control targets of the total discharge of key water pollutants;

(3) Discharge water pollutants by means of seepage wells, seepages, cracks, caves, private covert pipes, tampering with or forging monitoring data, or irregular operation of water pollution prevention and control facilities to evade supervision and control;

(4) Failing to carry out the pretreatment in accordance with the provisions and discharging to the sewage centralized treatment facilities industrial waste water that does not meet the requirements of the treatment process.

Article 84 Where a sewage outfall is set in a drinking water source protection zone, a local people's government at or above the county level shall order it to be dismantled within a prescribed time limit and a fine of not less than 100,000 yuan but not more than 500,000 yuan; if it is not demolished within the prescribed time, Expenses to be borne by the offender, impose a fine of 500,000 yuan more than one million yuan, and may order the discontinuation of rectification.

In addition to the provisions of the preceding paragraph, in violation of laws, administrative regulations and the provisions of the competent department of environmental protection under the State Council to set the sewage outfall, the environmental protection department in charge of the local people's government at or above the county level shall order it to be dismantled within a time limit and be fined not less than 20,000 yuan but not more than 100,000 yuan ; Overdue dismantling, the mandatory dismantling, the costs incurred by the offender shall be liable to a fine of not less than 100,000 but not more than 500,000 yuan; serious cases, you can order the discontinuation of rectification.

Without the consent of the administrative department of water or the basin management agency, newly built, reconstructed or expanded sewage outfalls in rivers and lakes shall be governed by the water administrative department of the people's government at or above the county level or the watershed management agency in accordance with their functions and powers and in accordance with the provisions of the preceding paragraph, Punishment.

Article 85 Anyone who commits one of the following acts shall be ordered by the competent department of environmental protection under the local people's government at or above the county level to stop the illegal act and take the control measures within a prescribed time limit so as to eliminate the pollution and impose fines; if the administrative department of environmental protection fails to take measures within the prescribed time limit, Can be designated as a governance unit on behalf of governance, the costs incurred by offenders:

(A) The discharge of oil, acid, lye to the body of water;

(2) Discharging highly toxic waste liquid to the water body or discharging the toxic highly toxic waste residue containing mercury, cadmium, arsenic, chromium, lead, cyanide, yellow phosphorus and the like to the body of water, dumping it or directly underground;

(3) Cleaning vehicles and containers of oil and toxic pollutants in water bodies;

(4) To discharge or pour industrial waste, urban waste or other wastes into the body of water, or deposit or store solid waste or other pollutants on the beach and bank slopes below the highest water level of rivers, lakes, canals, channels and reservoirs ;

(E) Discharge to the body of water, dumping radioactive solid waste or wastewater containing highly radioactive, radioactive substances;

(6) Discharging waste water, hot waste water or pathogen-containing sewage containing low-level radioactive substances to water bodies in violation of relevant state regulations or standards;

(7) Failing to take such measures as anti-seepage or not to construct groundwater monitoring wells for monitoring;

(8) No other double-layer tank or other effective measures such as construction of anti-seepage tank are used in underground oil tanks such as gas stations, or the anti-seepage monitoring is not carried out;

(IX) Failing to take protective measures in accordance with the provisions, or using ditches, pit ponds and the like without leakage prevention measures to transport or store wastewater containing toxic pollutants, sewage containing pathogens, or other wastes.

Where any one of the third, fourth, sixth, seventh and eighth preceding paragraphs of the preceding paragraph is found to be a fine of 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, they shall be submitted to the people's government for approval with approval, Order to stop business, closed.

Article 86 Anyone who, in violation of the provisions of this Law, manufactures, sells, imports, or uses equipment listed in the equipment list of a seriously polluted water environment that is forbidden to be manufactured, sold, imported or used or adopts the serious pollution water environment that is prohibited from being adopted Of the process of technology list, the people's government at or above the county level macro-economic control departments shall be ordered to correct and impose a fine of 50,000 yuan more than 200,000 yuan; the circumstances are serious, the people's government at or above the county level economic comprehensive macro-control department Put forward their opinions and report to the people's government at the corresponding level for order to suspend business and close down.

Article 87 Anyone who, in violation of the provisions of this Law, shall construct small-scale paper making, leather making, dyeing, dyemaking, coking, smelting, smelting, refining of arsenic, mercury, refining, plating, pesticides, asbestos, Steel, thermal power, and other production projects that seriously pollute the water environment shall be ordered to be closed by the people's government of the city or county where they are located.

Article 88 Where an operating unit of urban sewage centralized treatment facilities or a sludge treatment and disposal unit fails to record the sludge that has been disposed of or disposed of or does not comply with national standards or where the sludge has gone, the urban drainage department shall order it to take the deadline Administrative measures shall be given a warning; Anyone who causes serious consequences shall be fined not less than 100,000 yuan but not more than 200,000 yuan; and if no administrative measures are taken within the prescribed time limit, the competent department of urban drainage department may designate a unit capable of handling the pollution as its governing agent and the expenses required shall be illegally imposed Who bear.

Article 89 Where a ship is not equipped with corresponding anti-pollution equipment and equipment or does not hold any valid and valid certificates and instruments for preventing environmental pollution in waters, the maritime administrative department and the department in charge of fisheries shall order it to make corrections within the time limit according to the division of responsibilities, A fine of not less than 20,000 yuan but not more than 20,000 yuan shall be imposed on the ship if the ship fails to make any correction within the prescribed time limit.

Where a ship conducts operations involving the discharge of pollutants and fails to observe the operating procedures or fails to accurately record it in the corresponding log book, the maritime administrative department and the department in charge of fisheries shall order it to make corrections and be fined not less than 2,000 yuan but not more than 20,000 yuan .

Article 90 Anyone who commits one of the following acts in violation of the provisions of this Law shall be ordered by the maritime administrative department and the department of fishery administration to stop the illegal activities according to the division of responsibilities and be fined not less than 10,000 yuan but not more than 100,000 yuan; the party responsible for causing water pollution shall be ordered to order Deadline to take control measures to eliminate pollution, a fine of 20000 yuan 200000 yuan; late do not take control measures, the maritime administrative agencies, fishery departments in accordance with the division of responsibilities can be designated with the ability of governance units on behalf of governance, the required The cost borne by the ship:

(1) Dumping rubbish of the ship or discharging the residual oil or waste oil of the ship to the water body;

(2) If the ship carries out the barge operation of the dangerous goods contaminated by bulk liquid in the vessel without the approval of the maritime administrative agency at the place of work;

(3) The ship and relevant operating units engaged in work activities at risk of contamination fail to take pollution prevention and control measures as required;

(4) Carrying out beach dismantling by means of punching the beach;

(5) Vessels entering international routes entering the inland waters of the People's Republic of China shall discharge ballast water not in conformity with the regulations.

Article 91 Anyone who commits one of the following acts shall be ordered by the competent department of environmental protection under the local people's government at or above the county level to stop the illegal act and be fined not less than 100,000 yuan but not more than 500,000 yuan; and submitted to the people's government with the approval right Approved, ordered to be removed or closed:

(1) To build, rebuild or expand a construction project not related to water supply facilities and protection of water sources within the Grade I drinking water source protection zone;

(2) Construction projects of newly built, reconstructed and expanded pollutant discharges in Grade II protected areas of drinking water sources;

(3) Newly building or expanding construction projects that seriously pollute the water body or rebuilding the construction projects to increase the discharge of sewage within the quasi-protected area for drinking water sources.

Anyone who engages in cage culture or organizes activities such as tourism, fishing or other activities that may pollute drinking water bodies within the protected area of ​​drinking water sources shall be ordered by the competent department of environmental protection under the local people's government at or above the county level to stop the illegal activities and place at 20,000 yuan More than 100,000 yuan fine. Individuals swimming, fishing or engaging in other activities that may pollute drinking water bodies within the drinking water source protection zone shall be ordered by the competent department of environmental protection under the local people's government at or above the county level to stop the infringement and may be fined up to 500 yuan.

Article 92 If the quality of water supply by drinking water supply units does not meet the standards prescribed by the state, the competent department of water supply of the people's government at the county or city level shall order it to make corrections and be fined not less than 20,000 yuan but not more than 200,000 yuan. If the circumstances are serious, With the approval of the people's government that has the power to approve it, it may be ordered to suspend business for rectification; punishments directly in charge and other personnel directly responsible for it shall be punished according to law.

Article 93 Where an enterprise or public institution undertakes one of the following acts, the department of environmental protection under the people's government at or above the county level shall order it to make 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:

(1) Failing to formulate contingency plans for water pollution accidents in accordance with the provisions;

(2) After the water pollution accident happens, it fails to start the emergency plan of the water pollution accident in time and take the relevant emergency measures.

Article 94 Enterprises and institutions that violate the provisions of this Law and cause water pollution accidents shall, in addition to liability for compensation according to law, be fined by the environmental protection department of the people's government at or above the county level in accordance with the provisions of the second paragraph of this Article and ordered to take remedial measures within a specified time limit Measures to eliminate pollution; not in accordance with the requirements of the management measures or do not have the ability to govern, the competent department of environmental protection designated by the governing capacity of the unit on behalf of governance, the costs borne by the offender; cause significant or super-water pollution accidents, It may also be reported to the people's government that has the power of approval for approval and ordered to close it down. Those directly in charge and other persons directly in charge may be punished with a fine of not more than 50% of the revenue they receive from their own units in the previous year; Republic of China Environmental Protection Act, "the provisions of Article 63 of the illegal discharge of water pollutants and other acts, does not constitute a crime by the public security organs directly responsible for the officers and other directly responsible persons from 10 days to 15 days the following Detention; less serious, from 5 days to 10 days detention.

A fine of 20% of the direct loss caused by a water pollution accident that causes a general or major water pollution accident; a fine of not less than 20% of the direct loss caused by a water pollution accident that causes a serious or super-large water pollution accident Thirty calculations fine.

Where a fishery pollution accident or a fishery vessel causes a water pollution accident, the department in charge of fishery shall impose a punishment; if any other ship causes a water pollution accident, the maritime administrative institution shall punish it.

Article 95. Administrative agencies that make penalties for enterprises, institutions and other production and business operators illegally discharging water pollutants and being fined and penalized and ordered to make corrections shall organize a review and find that they continue to discharge water pollutants illegally or reject them, Obstruction of the review, in accordance with the "People's Republic of China Environmental Protection Law," the provisions of continuous punishment on a daily basis.

Article 96 The party who has suffered damage due to water pollution shall have the right to require the discharging party to eliminate the harm and compensate for the losses.

Due to force majeure caused by water pollution damage, the sewage side does not assume liability for compensation; unless otherwise provided by law.

Water pollution damage is deliberately caused by the victim, the sewage party does not assume liability for compensation. Water pollution damage is caused by the victim's gross negligence, which can reduce the liability of the discharging party.

Water pollution damage caused by a third person, the sewage party to assume liability for compensation, the right to recover the third party.

Article 97 Disputes concerning the liability for compensation for damages caused by water pollution and the amount of compensation may be handled at the request of the parties by the competent department of environmental protection or by the maritime administrative department or the department in charge of fisheries in accordance with the division of responsibilities; if the mediation fails, the parties may Litigation to the People's Court The parties may also directly institute legal proceedings in the people's court.

Article 98 The litigant shall bear the burden of proof in respect of the lawsuit for damages caused by water pollution due to the absence of a causal link between the exemption provided by law and the result of such act and the result of the damage.

Article 99 Where a large number of parties suffer damage to water pollution, they may lawfully elect a representative from the parties to conduct a joint lawsuit.

The competent department of environmental protection and the relevant social organizations may lawfully support litigating the people's court by the party whose water pollution has been harmed.

The state encourages legal services and lawyers to provide legal aid to victims of water pollution damage litigation.

Article 100 In the event of a dispute over the liability for compensation for damages caused by water pollution and the amount of compensation, the parties concerned may entrust environmental monitoring agencies to provide monitoring data. Environmental monitoring agencies should be entrusted to truthfully provide relevant monitoring data.

Article 101 Anyone who, in violation of the provisions of this Law, constitutes a crime shall be investigated for criminal responsibility according to law.

 

Chapter VIII Supplementary Provisions

Article 102 The meaning of the following terms in this Law:

(1) Water pollution refers to the change of the chemical, physical, biological or radioactive properties of a water body due to the intervention of a substance, thereby affecting the effective utilization of water, endangering human health or damaging the ecological environment, resulting in the deterioration of water quality The phenomenon.

(II) Water pollutants refer to those substances which are directly or indirectly discharged into a water body and cause water pollution.

(III) Toxic pollutants are those pollutants that directly or indirectly bio-ingested into the body may lead to the onset of the organism or its offspring, abnormal behavior, genetic mutation, physiological dysfunction, body deformation or death.

(D) Sludge, refers to the semi-solid or solid material generated in the sewage treatment process.

(5) The fishery water body refers to the body of water of the designated spawning grounds, feeding grounds, wintering grounds, migratory passages and fish and shellfish algae farms.

Article 103 This Law shall come into force on June 1, 2008.