On May 11, 1984, the Fifth Session of the Standing Committee of the Sixth National People's Congress adopted the "Confirmation of the "Water Pollution in the People's Republic of China" according to the Nineteenth Meeting of the Standing Committee of the Eighth National People's Congress on May 15, 1996. The Decision of the Prevention and Control Law Amends Chapter 1 General Provisions Article 1 This Law is formulated for the prevention and control of water pollution, the protection and improvement of the environment, the protection of human health, the effective use of water resources, and the promotion of the development of socialist modernization.
Article 2 This Law applies to pollution prevention and control of surface water bodies and groundwater bodies in rivers, lakes, canals, canals, reservoirs, etc. in the territory of the People's Republic of China. The prevention of marine pollution is stipulated by law. This law is not applicable.
Article 3 The relevant departments of the State Council and local people's governments at all levels must incorporate water environmental protection into plans and adopt countermeasures and measures to prevent and control water pollution.
Article 4 The environmental protection department of the people's government at various levels is the organ that conducts unified supervision and management of water pollution prevention and control. The navigational authorities of the transportation departments at all levels are the organs that supervise and control the pollution of ships. The water conservancy administrative departments, health administrative departments, geology and mineral resources departments, municipal administrative departments, and water protection agencies of important rivers of the people's governments at various levels shall, in accordance with their respective responsibilities, coordinate with the environmental protection departments to supervise and control water pollution prevention and control.
Article 5 All units and individuals have the responsibility to protect the water environment and have the right to supervise and report pollution-damaging water environments. Units and individuals that have suffered direct losses due to water pollution hazards are entitled to require the harm victims to eliminate hazards and compensate for losses.
Chapter II Formulation of Water Environmental Quality Standards and Pollutant Discharge Standards Article 6 The environmental protection department of the State Council shall formulate national standards for water environment quality. The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may formulate local supplemental standards for items not specified in the national water environment quality standards and submit them to the environmental protection department of the State Council for the record.
Article 7 The environmental protection department of the State Council shall formulate national standards for pollutant discharge in accordance with national water environment quality standards and national economic and technological conditions. The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may formulate local standards for the discharge of water pollutants for items not specified in the national standards for the discharge of water pollutants; for projects that have been stipulated in the national standards for the discharge of water pollutants, they Discharge Standards for Local Water Pollutants. The local standards for the discharge of water pollutants shall be reported to the environmental protection department of the State Council for the record. Anything that discharges pollutants into water bodies that already have local standards for the discharge of pollutants shall implement local pollutant discharge standards.
Article 8 The environmental protection department of the State Council and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall timely revise the water environment quality standards and pollutant discharge standards in accordance with the requirements for the prevention and control of water pollution and the national economic and technological conditions.
Chapter III Supervision and Administration of Water Pollution Prevention and Control Article 9 The relevant departments of the State Council and local people's governments at all levels shall, when developing, using, adjusting, and scheduling water resources, make overall plans and take into consideration the reasonable flow of rivers, lakes, reservoirs, and underground water bodies. The reasonable water level maintains the natural purification capacity of the water body.
Article 10 Prevention and control of water pollution shall be planned in a unified manner basin by basin or region. The prevention and control plans for water pollution in river basins determined by the State shall be prepared by the environmental protection department of the State Council jointly with the competent department of planning, the department of water conservancy management and other relevant departments and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and submitted to the State Council for approval. Other water pollution prevention and control plans for river basins across other provinces and counties shall be based on the water pollution control plan for the important rivers and rivers determined by the state and local actual conditions. The environmental protection departments of the people’s governments at or above the provincial level shall join the relevant departments of the water conservancy management department and relevant localities. The people's government shall compile and report it to the State Council or the provincial people's government for approval. Water pollution prevention and control plans for other rivers across counties that do not cross provinces are reported to the State Council by the provincial people's government for the record. The approved water pollution control plan is the basic basis for the prevention and control of water pollution. The revision of the plan must be approved by the original approval authority. Local people's governments at or above the county level shall organize and formulate plans for the prevention and control of water pollution in their respective administrative regions in accordance with the water pollution prevention and control plans for river basins that have been approved according to law, and shall also be included in the medium and long-term and annual plans for national economic and social development of the administrative regions.
Article 11 The relevant departments of the State Council and local people's governments at various levels shall rationally plan the industrial layout, carry out rectification and technological transformation of the enterprises that cause water pollution, adopt comprehensive prevention and control measures, increase the reuse rate of water, rationally use resources, and reduce waste water. Pollutant emissions.
Article 12 The people's government at or above the county level may designate protected areas for water bodies in scenic spots, important fishery water bodies, and other bodies of water with special economic and cultural values, and take measures to ensure that the water quality of the protected areas meets the water quality standards for the intended use.
Article 13 New construction, expansion or reconstruction of construction projects and other water facilities that directly or indirectly discharge pollutants into water bodies must comply with the State's provisions on environmental protection management of construction projects. The environmental impact report of a construction project must evaluate the possible water pollution and the impact on the ecological environment of the construction project. The measures for prevention and control shall be reported to the environmental protection department for review and approval in accordance with the prescribed procedures. The setting up of sewage outlets in water conservancy projects such as canals, channels and reservoirs shall be subject to the approval of the relevant water conservancy project management department. The facilities for preventing and controlling water pollution in construction projects must be designed, constructed and put into production at the same time as the main project. The facilities for preventing and controlling water pollution must be inspected by the environmental protection department. If they fail to meet the requirements, the construction project must not be put into production or use. The environmental impact report shall contain the opinions of the units and residents of the construction project.
Article 14 Enterprises and institutions that directly or indirectly discharge pollutants into water bodies shall, in accordance with the regulations of the environmental protection department of the State Council, declare the registered pollutant discharge facilities, treatment facilities and discharge under normal operating conditions. The type, quantity and concentration of pollutants, and provide technical data on the prevention and control of water pollution. Where there is a major change in the type, quantity, and concentration of the pollutants discharged by the pollutant discharge unit as prescribed in the preceding paragraph, it shall be reported in a timely manner; its water pollutant treatment facilities must be maintained in normal use, and any dismantling or idle water pollutant treatment facilities must be reported in advance. The local environmental protection department of the local people's government at or above the county level has approved it.
Article 15 If an enterprise or institution discharges pollutants into a water body, it shall pay a sewage discharge fee in accordance with state regulations; if it exceeds the national or local regulations for pollutant discharge, it shall pay a super-standard sewage discharge fee in accordance with national regulations. Sewage charges and super-standard sewage charges must be used for pollution prevention and shall not be diverted for other purposes. Enterprises and institutions that exceed the standards for pollutant discharge must formulate plans for governance and report the treatment plans to the local environmental protection agencies of local people's governments at or above the county level for the record.
Article 16 The people's governments at or above the provincial level shall implement a total amount control system for the discharge of key pollutants and implement a reduction in the discharge of pollutants for water bodies that still fail to meet the water environment quality standards prescribed by the State for the discharge of water pollutants up to the standard. Implement the approved system for the discharge of key pollutants. The specific measures by the State Council.
Article 17 The environmental protection department of the State Council, in conjunction with the water conservancy administrative department of the State Council and the relevant provincial people's government, may determine the provincial water bodies of the important river basins based on the functions of the water bodies in important river basins determined by the state and the economic and technical conditions of the relevant areas. The applicable water environment quality standards shall be implemented after being approved by the State Council.
Article 18 The water resources protection agencies of important river basins determined by the State shall be responsible for monitoring the water environment quality of the provincial water bodies in the river basins where they are located, and shall report the monitoring results to the environmental protection department of the State Council and the water conservancy administrative department of the State Council in time; Where the leadership agency of the river basin water resources protection approved by the State Council is established, it shall promptly report the monitoring results to the leading institution for river basin water resources protection.
Article 19 Urban sewage shall be treated centrally. The relevant departments of the State Council and local people's governments at all levels must incorporate the protection of urban water sources and the prevention and control of urban water pollution into urban construction planning, build and improve urban drainage networks, construct urban sewage centralized treatment facilities in a planned manner, and strengthen the comprehensive improvement of urban water environment. The centralized urban sewage treatment facilities shall provide sewage treatment services to the polluters in accordance with state regulations, and collect sewage treatment fees to ensure the normal operation of centralized sewage treatment facilities. If sewage is discharged to urban sewage centralized treatment facilities and sewage treatment fees are paid, no sewage charges will be paid. The sewage treatment fees collected must be used for the construction and operation of urban sewage centralized treatment facilities and shall not be diverted for other purposes. The specific measures for the collection, management, and use of sewage in urban sewage centralized treatment facilities shall be stipulated by the State Council.
Article 20 The people's government at or above the provincial level may delimit the surface water source protection zone for drinking water according to law. The surface water source protection of drinking water is divided into the first grade protection zone and other grade protection zones. Some water areas and land areas can be designated as Class I protected areas near the intake of surface drinking water for drinking water. Outside the first-class surface water source protection zone for drinking water, certain water areas and land areas may be designated as other grades of protected areas. Protection areas at all levels should have clear geographic boundaries. It is forbidden to discharge sewage into the body of water of the surface water source protection zone of drinking water. It is forbidden to engage in tourism, swimming and other activities that may pollute the drinking water body in the first-class surface water sources of drinking water. It is forbidden to build or expand construction projects that are not related to water supply facilities and water sources in the first-class surface water source protection zone for domestic drinking water. The outfalls that have been set up in the Grade I protected areas for drinking water surface water sources shall be ordered by the people’s governments at or above the county level to be dismantled within a time limit or with a deadline to comply with the authority prescribed by the State Council. The source of groundwater for drinking water should be strengthened. The specific measures for the protection of drinking water sources for drinking water shall be stipulated by the State Council.
Article 21 In the case of serious pollution of drinking water sources, ** water supply safety and other emergency situations, the environmental protection department shall report to the people's government at the same level for approval and take mandatory emergency measures, including ordering the relevant enterprises and institutions to reduce or Stop emitting pollutants.
Article 22 An enterprise shall adopt clean production processes with high efficiency in the use of raw materials and low emission of pollutants, and strengthen management so as to reduce the generation of water pollutants. The state adopts a phase-out system for backward production processes for severely polluted water environments and backward equipment for severely polluted water environments. The State Council’s comprehensive economic department shall, together with the relevant departments of the State Council, publicize the list of processes for the severely polluted water environment that are prohibited to be used within a time limit and the list of equipment for the severely polluted water environment that prohibits production, prohibits sales, prohibits imports, and prohibits use within a time limit. Producers, sellers, importers, or users must stop production, sales, importation, or use of the equipment listed on the list specified in the preceding paragraph within the time limit prescribed by the State Council’s comprehensive economic department in conjunction with the relevant departments of the State Council. The adopter of the production process must stop using the technology listed in the list specified in the preceding paragraph within the time limit prescribed by the State Council’s comprehensive economic department in conjunction with the relevant departments of the State Council. Equipment that has been eliminated pursuant to the preceding two paragraphs may not be transferred to others.
Article 23 The State prohibits the construction of small-scale chemical pulp, printing and dyeing, dyestuffs, leather-making, electroplating, oil refining, pesticides, and other enterprises that seriously pollute the water environment.
Article 24 Pollution discharge units that cause serious pollution of water bodies shall be treated within a time limit. The deadlines for governance of enterprises and institutions directly under the jurisdiction of the central government or the people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government shall be submitted by the environmental protection agencies of the people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government to the people’s governments at the same level for decision. The deadlines for the enterprises and institutions under the jurisdiction of the people's governments under the jurisdiction of cities, counties or cities and counties shall be determined by the environmental protection departments of the people's governments of cities and counties and reported to the people's government at the same level. The pollutant discharge unit shall complete its governance tasks as scheduled.
Article 25 The environmental protection departments and relevant supervisory and administrative departments of the people's governments at various levels shall have the right to conduct on-site inspections of the pollutant discharge entities within their jurisdiction. The units to be inspected must truthfully report the situation and provide the necessary information. The inspection agency has the responsibility to keep the technical secrets and business secrets of the inspected units.
Article 26: Water pollution disputes that cross administrative regions shall be settled by the relevant local people's governments through negotiation or be coordinated by the common people's government at a higher level.
Chapter IV Prevention of Surface Water Pollution Article 27 No pollutant discharge outlets shall be built in the protected areas of drinking water sources, water bodies of scenic spots, important fishery water bodies, and other water bodies with special economic and cultural values. In the construction of new sewage outlet near the protection area, it must ensure that the water in the protection area is not polluted. The pollutant discharge outlets already existing before the publication of this Law shall be treated if the discharge of pollutants exceeds the national or local standards, and the discharge outlets that endanger the drinking water sources shall be relocated.
Article 28 Where an accident or other sudden event occurs in a pollutant discharging unit and the discharge of pollutants exceeds the normal discharge amount, causing or possibly causing a water pollution accident, it shall immediately take emergency measures to notify the unit that may be harmed or damaged by water pollution, and Report to the local environmental protection department. If a ship causes a pollution accident, it shall report it to the nearest navigation authority and be investigated and dealt with. If a fishery pollution accident is caused, it shall be subject to the investigation and treatment by the fishery supervision and management institution.
Article 29 prohibits the release of oil, acid, alkali or highly toxic waste liquids into water bodies.
Article 30 It is prohibited to clean vehicles and containers that have stored oil or toxic contaminants in water bodies.
Article 31 It is forbidden to discharge, dump, or directly bury buried soluble, highly toxic waste residues containing mercury, cadmium, arsenic, chromium, lead, cyanide, and yellow phosphorus into the water. Places where soluble and toxic residues are stored must be protected against water, leakage, and loss.
Article 32 It is forbidden to discharge and dump industrial wastes, urban garbage and other wastes into water bodies.
Article 33 It is forbidden to stack and store solid wastes and other pollutants on beach land and bank slopes below the highest water level of rivers, lakes, canals, channels and reservoirs.
Article 34 It is forbidden to discharge or dump radioactive solid waste or waste water containing high-level radioactive substances and medium-level radioactive substances into water bodies. The discharge of wastewater containing low-level radioactive substances into water bodies must comply with the relevant national regulations and standards for radiation protection.
Article 35 When discharging heated waste water to a water body, measures shall be taken to ensure that the water temperature of the water body conforms to the water environmental quality standard and the heat pollution hazard is prevented.
Article 36 The discharge of sewage containing pathogens must be disinfected; after compliance with relevant national standards, the discharge shall be allowed.
Article 37 The discharge of industrial effluent and urban effluent into agricultural irrigation canals shall ensure that the water quality at the nearest irrigation point of the downstream irrigation meets the irrigation water quality standards. Irrigation with industrial wastewater and municipal sewage should prevent the contamination of soil, groundwater and agricultural products.
Article 38 The use of pesticides shall comply with the provisions and standards of the State regarding the safe use of pesticides. Transportation, storage of pesticides, and disposal of expired pesticides must be strengthened to prevent water pollution.
Article 39 The agricultural administrative departments and other relevant departments of local people's governments at or above the county level shall take measures to guide agricultural producers to scientifically and reasonably apply chemical fertilizers and pesticides, and to control excessive use of chemical fertilizers and pesticides so as to prevent water pollution.
Article 40 Ships discharging oily sewage and domestic sewage must meet the ship's pollutant discharge standards. Ships engaged in marine shipping shall enter the inland rivers and ports and shall abide by the discharge standards for pollutants from ships in inland rivers. The residual oil and waste oil of ships must be recycled and prohibited from being discharged into water bodies. It is prohibited to dump ship garbage into the water. Ships carrying oil or toxic cargoes must take measures to prevent overflow and leakage to prevent water falling from falling into the water.
Chapter V Prevention of Groundwater Pollution Article 41 It is forbidden for enterprises and institutions to use drainage wells, seepage pits, fissures and caves to discharge, dump waste water containing toxic pollutants, sewage containing pathogens and other wastes.
Article 42 In the absence of well-isolated ground strata, enterprises and institutions are prohibited from using ditches, pits and ponds that do not prevent leakage measures to transport or store waste water containing toxic pollutants, sewage containing pathogens, and other wastes.
Article 43 When multi-layered groundwater is extracted, if the water quality of each aquifer has a large difference, it shall be stratified; if the contaminated diving or confined water is not mixed, it shall not be mined.
Article 44: The construction of underground engineering facilities or underground exploration and mining shall take protective measures to prevent groundwater pollution.
Article 45 Manual recharge of groundwater shall not deteriorate the quality of groundwater.
Chapter VI Legal Responsibility Article 46 Where any of the following acts is violated in violation of the provisions of this Law, the department of environmental protection or the navigation agency of the communications department may, depending on the circumstances, give a warning or impose a fine:
(1) Refusal to report or falsely report on the registration and registration of pollutants stipulated by the environmental protection department under the State Council;
(2) refusing to conduct on-site inspections by the environmental protection department or the relevant supervisory and administrative department, or to resort to falsification;
(3) Violating the relevant provisions of Chapters IV and V of this law, storing, dumping, dumping, dumping, and discharging pollutants and wastes;
(4) failing to pay sewage charges or exceeding standard sewage charges in accordance with national regulations.
The method and amount of the fine shall be stipulated in the Regulations of this Law.
Article 47 In violation of the provisions of paragraph 3 of Article 13 of this Law, if the water pollution prevention and control facilities for a construction project is not completed or does not meet the requirements of the state regulations, that is, it is put into production or use, the environmental impact report of the approval of the construction project shall be reported. The environmental protection department of the book is ordered to stop production or use, and it may impose a fine.
Article 48 In violation of the second paragraph of Article 14 of this Law, the pollutant discharge unit deliberately improperly uses water pollutants treatment facilities, or dismantles or idles water pollutants treatment facilities without authorization of the environmental protection department, and discharges pollutants. If it exceeds the prescribed standards, the environmental protection department of the local people's government at or above the county level shall order it to resume normal use or be re-installed within a specified period of time, and impose a fine.
Article 49 In violation of the provisions of Paragraph 4 of Article 20 of this Law, newly built or expanded construction projects unrelated to the water supply facilities and the protection of water sources in the Grade 1 protected areas for drinking water surface water sources shall be prepared by people’s governments at or above the county level. The powers prescribed by the State Council are ordered to close down or close down.
Article 50 Any person who violates the provisions of Article 22 of this law, manufactures, sells, imports, or uses equipment that prohibits production, sales, import, or use, or adopts technologies that are prohibited from use shall be the comprehensive economic department of the people's government at or above the county level. If the circumstances are serious, the people's government at or above the county level shall submit opinions to the people's government at the county level or above and report to the people's government at the same level for ordering suspension or closure in accordance with the authority prescribed by the State Council.
Article 51 A small-scale enterprise that violates the provisions of Article 23 of this law and constructs water pollution prevention and control measures and severely pollutes the water environment shall be ordered to close by the local people's government of the city or county or the higher people's government.
Article 52 Enterprises and institutions that cause serious pollution of water bodies shall, after a fixed period of time, fail to complete the governance tasks within the time limit, in addition to collecting over-standard sewage charges in accordance with state regulations, they may be fined according to the damages and losses caused. , Or ordered to close down or closed. The penalty shall be determined by the department of environmental protection. The ordering of enterprises or institutions to close down or close down shall be decided by the local people's government that has decided to make deadlines. If enterprises or institutions directly under the Central Government are ordered to close down or close down, they must report to the State Council for approval.
Article 53 Any pollution discharge unit that violates the provisions of this Law and causes a water pollution accident shall be fined by the environmental protection department of the local people's government at or above the county level where the accident occurred. If a fishery pollution accident or a ship causes a water pollution accident, the fishery supervision and administration institution of the place where the accident occurred or the navigation authority of the transportation department shall impose a fine according to the hazards and losses caused. If a water pollution accident is caused and the circumstances are serious, the relevant responsible personnel shall be given administrative sanctions by the unit to which they belong or by the competent authority at a higher level.
Article 54 If a party refuses to accept the decision on administrative penalty, it may file a lawsuit in the people's court within fifteen days from the date of receipt of the notification. If the case is not prosecuted and fails to perform, the authority that made the decision on punishment shall apply to the people's court for compulsory enforcement.
Article 55: Units that cause water pollution hazards have the responsibility to eliminate hazards and compensate the unit or individual who has suffered direct losses. The disputes concerning the liability for compensation and the amount of compensation may be handled by the environmental protection department or the navigation authority of the communications department at the request of the parties concerned; the parties concerned may appeal to the people's court for dissatisfaction with the handling decision. The parties may also directly sue in the people's court. The loss of water pollution is caused by the intentional or negligent third party, and the third party shall bear the responsibility. Water pollution losses are caused by the victim’s own responsibility, and the pollutant discharge unit shall not be liable.
Article 56 Exemption from liability is solely due to irresistible natural disasters and the timely adoption of reasonable measures to avoid water pollution losses.
Article 57 Any person who violates the provisions of this Law and causes a major water pollution accident and results in serious public or private property loss or serious consequences of personal injury or death may confess to the relevant person in charge the ability to comply with Article 115 or 187 of the Criminal Law. The provisions of the article shall be investigated for criminal responsibility.
Article 58: The supervisory and administrative personnel of environmental protection and the staff of other relevant countries who abuse their power, neglect their duties, or engage in malpractices for personal gains shall be given administrative sanction by the unit to which they belong or by the competent authority at a higher level; if a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VII Supplementary Provisions Article 59 Where individual industrial and commercial households discharge pollutants into water bodies and the pollution is serious, the standing committees of the people's congresses of provinces, autonomous regions, and municipalities directly under the Central Government shall formulate management measures in accordance with the principles stipulated in this Law.
Article 60 The meaning of the following terms in this Law is:
(1) "Water pollution" refers to changes in the chemical, physical, biological, or radiological characteristics of a water body due to the intervention of certain substances, thereby affecting the effective use of water, endangering human health or damaging the ecological environment and causing water quality. Deterioration.
(b) "Contaminants" refers to substances that can cause water pollution.
(3) "Poisonous pollutants" refer to those pollutants which directly or indirectly cause organisms to ingest into the body, resulting in the onset of the organism or its offspring, abnormal behavior, genetic mutation, physiological dysfunction, body deformation or death.
(4) "Oil" refers to any type of oil and its refined products.
(5) "Fishery water body" refers to the spawning grounds, feeding grounds, overwintering grounds, return passages and fish and shrimp algae breeding farms delineated for fish and shrimps.
Article 61 The environmental protection department under the State Council shall, in accordance with this Law, formulate detailed rules for implementation and apply it after being approved by the State Council.
Article 62 This Law shall come into force on November 1, 1984.
Article 2 This Law applies to pollution prevention and control of surface water bodies and groundwater bodies in rivers, lakes, canals, canals, reservoirs, etc. in the territory of the People's Republic of China. The prevention of marine pollution is stipulated by law. This law is not applicable.
Article 3 The relevant departments of the State Council and local people's governments at all levels must incorporate water environmental protection into plans and adopt countermeasures and measures to prevent and control water pollution.
Article 4 The environmental protection department of the people's government at various levels is the organ that conducts unified supervision and management of water pollution prevention and control. The navigational authorities of the transportation departments at all levels are the organs that supervise and control the pollution of ships. The water conservancy administrative departments, health administrative departments, geology and mineral resources departments, municipal administrative departments, and water protection agencies of important rivers of the people's governments at various levels shall, in accordance with their respective responsibilities, coordinate with the environmental protection departments to supervise and control water pollution prevention and control.
Article 5 All units and individuals have the responsibility to protect the water environment and have the right to supervise and report pollution-damaging water environments. Units and individuals that have suffered direct losses due to water pollution hazards are entitled to require the harm victims to eliminate hazards and compensate for losses.
Chapter II Formulation of Water Environmental Quality Standards and Pollutant Discharge Standards Article 6 The environmental protection department of the State Council shall formulate national standards for water environment quality. The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may formulate local supplemental standards for items not specified in the national water environment quality standards and submit them to the environmental protection department of the State Council for the record.
Article 7 The environmental protection department of the State Council shall formulate national standards for pollutant discharge in accordance with national water environment quality standards and national economic and technological conditions. The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may formulate local standards for the discharge of water pollutants for items not specified in the national standards for the discharge of water pollutants; for projects that have been stipulated in the national standards for the discharge of water pollutants, they Discharge Standards for Local Water Pollutants. The local standards for the discharge of water pollutants shall be reported to the environmental protection department of the State Council for the record. Anything that discharges pollutants into water bodies that already have local standards for the discharge of pollutants shall implement local pollutant discharge standards.
Article 8 The environmental protection department of the State Council and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall timely revise the water environment quality standards and pollutant discharge standards in accordance with the requirements for the prevention and control of water pollution and the national economic and technological conditions.
Chapter III Supervision and Administration of Water Pollution Prevention and Control Article 9 The relevant departments of the State Council and local people's governments at all levels shall, when developing, using, adjusting, and scheduling water resources, make overall plans and take into consideration the reasonable flow of rivers, lakes, reservoirs, and underground water bodies. The reasonable water level maintains the natural purification capacity of the water body.
Article 10 Prevention and control of water pollution shall be planned in a unified manner basin by basin or region. The prevention and control plans for water pollution in river basins determined by the State shall be prepared by the environmental protection department of the State Council jointly with the competent department of planning, the department of water conservancy management and other relevant departments and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and submitted to the State Council for approval. Other water pollution prevention and control plans for river basins across other provinces and counties shall be based on the water pollution control plan for the important rivers and rivers determined by the state and local actual conditions. The environmental protection departments of the people’s governments at or above the provincial level shall join the relevant departments of the water conservancy management department and relevant localities. The people's government shall compile and report it to the State Council or the provincial people's government for approval. Water pollution prevention and control plans for other rivers across counties that do not cross provinces are reported to the State Council by the provincial people's government for the record. The approved water pollution control plan is the basic basis for the prevention and control of water pollution. The revision of the plan must be approved by the original approval authority. Local people's governments at or above the county level shall organize and formulate plans for the prevention and control of water pollution in their respective administrative regions in accordance with the water pollution prevention and control plans for river basins that have been approved according to law, and shall also be included in the medium and long-term and annual plans for national economic and social development of the administrative regions.
Article 11 The relevant departments of the State Council and local people's governments at various levels shall rationally plan the industrial layout, carry out rectification and technological transformation of the enterprises that cause water pollution, adopt comprehensive prevention and control measures, increase the reuse rate of water, rationally use resources, and reduce waste water. Pollutant emissions.
Article 12 The people's government at or above the county level may designate protected areas for water bodies in scenic spots, important fishery water bodies, and other bodies of water with special economic and cultural values, and take measures to ensure that the water quality of the protected areas meets the water quality standards for the intended use.
Article 13 New construction, expansion or reconstruction of construction projects and other water facilities that directly or indirectly discharge pollutants into water bodies must comply with the State's provisions on environmental protection management of construction projects. The environmental impact report of a construction project must evaluate the possible water pollution and the impact on the ecological environment of the construction project. The measures for prevention and control shall be reported to the environmental protection department for review and approval in accordance with the prescribed procedures. The setting up of sewage outlets in water conservancy projects such as canals, channels and reservoirs shall be subject to the approval of the relevant water conservancy project management department. The facilities for preventing and controlling water pollution in construction projects must be designed, constructed and put into production at the same time as the main project. The facilities for preventing and controlling water pollution must be inspected by the environmental protection department. If they fail to meet the requirements, the construction project must not be put into production or use. The environmental impact report shall contain the opinions of the units and residents of the construction project.
Article 14 Enterprises and institutions that directly or indirectly discharge pollutants into water bodies shall, in accordance with the regulations of the environmental protection department of the State Council, declare the registered pollutant discharge facilities, treatment facilities and discharge under normal operating conditions. The type, quantity and concentration of pollutants, and provide technical data on the prevention and control of water pollution. Where there is a major change in the type, quantity, and concentration of the pollutants discharged by the pollutant discharge unit as prescribed in the preceding paragraph, it shall be reported in a timely manner; its water pollutant treatment facilities must be maintained in normal use, and any dismantling or idle water pollutant treatment facilities must be reported in advance. The local environmental protection department of the local people's government at or above the county level has approved it.
Article 15 If an enterprise or institution discharges pollutants into a water body, it shall pay a sewage discharge fee in accordance with state regulations; if it exceeds the national or local regulations for pollutant discharge, it shall pay a super-standard sewage discharge fee in accordance with national regulations. Sewage charges and super-standard sewage charges must be used for pollution prevention and shall not be diverted for other purposes. Enterprises and institutions that exceed the standards for pollutant discharge must formulate plans for governance and report the treatment plans to the local environmental protection agencies of local people's governments at or above the county level for the record.
Article 16 The people's governments at or above the provincial level shall implement a total amount control system for the discharge of key pollutants and implement a reduction in the discharge of pollutants for water bodies that still fail to meet the water environment quality standards prescribed by the State for the discharge of water pollutants up to the standard. Implement the approved system for the discharge of key pollutants. The specific measures by the State Council.
Article 17 The environmental protection department of the State Council, in conjunction with the water conservancy administrative department of the State Council and the relevant provincial people's government, may determine the provincial water bodies of the important river basins based on the functions of the water bodies in important river basins determined by the state and the economic and technical conditions of the relevant areas. The applicable water environment quality standards shall be implemented after being approved by the State Council.
Article 18 The water resources protection agencies of important river basins determined by the State shall be responsible for monitoring the water environment quality of the provincial water bodies in the river basins where they are located, and shall report the monitoring results to the environmental protection department of the State Council and the water conservancy administrative department of the State Council in time; Where the leadership agency of the river basin water resources protection approved by the State Council is established, it shall promptly report the monitoring results to the leading institution for river basin water resources protection.
Article 19 Urban sewage shall be treated centrally. The relevant departments of the State Council and local people's governments at all levels must incorporate the protection of urban water sources and the prevention and control of urban water pollution into urban construction planning, build and improve urban drainage networks, construct urban sewage centralized treatment facilities in a planned manner, and strengthen the comprehensive improvement of urban water environment. The centralized urban sewage treatment facilities shall provide sewage treatment services to the polluters in accordance with state regulations, and collect sewage treatment fees to ensure the normal operation of centralized sewage treatment facilities. If sewage is discharged to urban sewage centralized treatment facilities and sewage treatment fees are paid, no sewage charges will be paid. The sewage treatment fees collected must be used for the construction and operation of urban sewage centralized treatment facilities and shall not be diverted for other purposes. The specific measures for the collection, management, and use of sewage in urban sewage centralized treatment facilities shall be stipulated by the State Council.
Article 20 The people's government at or above the provincial level may delimit the surface water source protection zone for drinking water according to law. The surface water source protection of drinking water is divided into the first grade protection zone and other grade protection zones. Some water areas and land areas can be designated as Class I protected areas near the intake of surface drinking water for drinking water. Outside the first-class surface water source protection zone for drinking water, certain water areas and land areas may be designated as other grades of protected areas. Protection areas at all levels should have clear geographic boundaries. It is forbidden to discharge sewage into the body of water of the surface water source protection zone of drinking water. It is forbidden to engage in tourism, swimming and other activities that may pollute the drinking water body in the first-class surface water sources of drinking water. It is forbidden to build or expand construction projects that are not related to water supply facilities and water sources in the first-class surface water source protection zone for domestic drinking water. The outfalls that have been set up in the Grade I protected areas for drinking water surface water sources shall be ordered by the people’s governments at or above the county level to be dismantled within a time limit or with a deadline to comply with the authority prescribed by the State Council. The source of groundwater for drinking water should be strengthened. The specific measures for the protection of drinking water sources for drinking water shall be stipulated by the State Council.
Article 21 In the case of serious pollution of drinking water sources, ** water supply safety and other emergency situations, the environmental protection department shall report to the people's government at the same level for approval and take mandatory emergency measures, including ordering the relevant enterprises and institutions to reduce or Stop emitting pollutants.
Article 22 An enterprise shall adopt clean production processes with high efficiency in the use of raw materials and low emission of pollutants, and strengthen management so as to reduce the generation of water pollutants. The state adopts a phase-out system for backward production processes for severely polluted water environments and backward equipment for severely polluted water environments. The State Council’s comprehensive economic department shall, together with the relevant departments of the State Council, publicize the list of processes for the severely polluted water environment that are prohibited to be used within a time limit and the list of equipment for the severely polluted water environment that prohibits production, prohibits sales, prohibits imports, and prohibits use within a time limit. Producers, sellers, importers, or users must stop production, sales, importation, or use of the equipment listed on the list specified in the preceding paragraph within the time limit prescribed by the State Council’s comprehensive economic department in conjunction with the relevant departments of the State Council. The adopter of the production process must stop using the technology listed in the list specified in the preceding paragraph within the time limit prescribed by the State Council’s comprehensive economic department in conjunction with the relevant departments of the State Council. Equipment that has been eliminated pursuant to the preceding two paragraphs may not be transferred to others.
Article 23 The State prohibits the construction of small-scale chemical pulp, printing and dyeing, dyestuffs, leather-making, electroplating, oil refining, pesticides, and other enterprises that seriously pollute the water environment.
Article 24 Pollution discharge units that cause serious pollution of water bodies shall be treated within a time limit. The deadlines for governance of enterprises and institutions directly under the jurisdiction of the central government or the people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government shall be submitted by the environmental protection agencies of the people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government to the people’s governments at the same level for decision. The deadlines for the enterprises and institutions under the jurisdiction of the people's governments under the jurisdiction of cities, counties or cities and counties shall be determined by the environmental protection departments of the people's governments of cities and counties and reported to the people's government at the same level. The pollutant discharge unit shall complete its governance tasks as scheduled.
Article 25 The environmental protection departments and relevant supervisory and administrative departments of the people's governments at various levels shall have the right to conduct on-site inspections of the pollutant discharge entities within their jurisdiction. The units to be inspected must truthfully report the situation and provide the necessary information. The inspection agency has the responsibility to keep the technical secrets and business secrets of the inspected units.
Article 26: Water pollution disputes that cross administrative regions shall be settled by the relevant local people's governments through negotiation or be coordinated by the common people's government at a higher level.
Chapter IV Prevention of Surface Water Pollution Article 27 No pollutant discharge outlets shall be built in the protected areas of drinking water sources, water bodies of scenic spots, important fishery water bodies, and other water bodies with special economic and cultural values. In the construction of new sewage outlet near the protection area, it must ensure that the water in the protection area is not polluted. The pollutant discharge outlets already existing before the publication of this Law shall be treated if the discharge of pollutants exceeds the national or local standards, and the discharge outlets that endanger the drinking water sources shall be relocated.
Article 28 Where an accident or other sudden event occurs in a pollutant discharging unit and the discharge of pollutants exceeds the normal discharge amount, causing or possibly causing a water pollution accident, it shall immediately take emergency measures to notify the unit that may be harmed or damaged by water pollution, and Report to the local environmental protection department. If a ship causes a pollution accident, it shall report it to the nearest navigation authority and be investigated and dealt with. If a fishery pollution accident is caused, it shall be subject to the investigation and treatment by the fishery supervision and management institution.
Article 29 prohibits the release of oil, acid, alkali or highly toxic waste liquids into water bodies.
Article 30 It is prohibited to clean vehicles and containers that have stored oil or toxic contaminants in water bodies.
Article 31 It is forbidden to discharge, dump, or directly bury buried soluble, highly toxic waste residues containing mercury, cadmium, arsenic, chromium, lead, cyanide, and yellow phosphorus into the water. Places where soluble and toxic residues are stored must be protected against water, leakage, and loss.
Article 32 It is forbidden to discharge and dump industrial wastes, urban garbage and other wastes into water bodies.
Article 33 It is forbidden to stack and store solid wastes and other pollutants on beach land and bank slopes below the highest water level of rivers, lakes, canals, channels and reservoirs.
Article 34 It is forbidden to discharge or dump radioactive solid waste or waste water containing high-level radioactive substances and medium-level radioactive substances into water bodies. The discharge of wastewater containing low-level radioactive substances into water bodies must comply with the relevant national regulations and standards for radiation protection.
Article 35 When discharging heated waste water to a water body, measures shall be taken to ensure that the water temperature of the water body conforms to the water environmental quality standard and the heat pollution hazard is prevented.
Article 36 The discharge of sewage containing pathogens must be disinfected; after compliance with relevant national standards, the discharge shall be allowed.
Article 37 The discharge of industrial effluent and urban effluent into agricultural irrigation canals shall ensure that the water quality at the nearest irrigation point of the downstream irrigation meets the irrigation water quality standards. Irrigation with industrial wastewater and municipal sewage should prevent the contamination of soil, groundwater and agricultural products.
Article 38 The use of pesticides shall comply with the provisions and standards of the State regarding the safe use of pesticides. Transportation, storage of pesticides, and disposal of expired pesticides must be strengthened to prevent water pollution.
Article 39 The agricultural administrative departments and other relevant departments of local people's governments at or above the county level shall take measures to guide agricultural producers to scientifically and reasonably apply chemical fertilizers and pesticides, and to control excessive use of chemical fertilizers and pesticides so as to prevent water pollution.
Article 40 Ships discharging oily sewage and domestic sewage must meet the ship's pollutant discharge standards. Ships engaged in marine shipping shall enter the inland rivers and ports and shall abide by the discharge standards for pollutants from ships in inland rivers. The residual oil and waste oil of ships must be recycled and prohibited from being discharged into water bodies. It is prohibited to dump ship garbage into the water. Ships carrying oil or toxic cargoes must take measures to prevent overflow and leakage to prevent water falling from falling into the water.
Chapter V Prevention of Groundwater Pollution Article 41 It is forbidden for enterprises and institutions to use drainage wells, seepage pits, fissures and caves to discharge, dump waste water containing toxic pollutants, sewage containing pathogens and other wastes.
Article 42 In the absence of well-isolated ground strata, enterprises and institutions are prohibited from using ditches, pits and ponds that do not prevent leakage measures to transport or store waste water containing toxic pollutants, sewage containing pathogens, and other wastes.
Article 43 When multi-layered groundwater is extracted, if the water quality of each aquifer has a large difference, it shall be stratified; if the contaminated diving or confined water is not mixed, it shall not be mined.
Article 44: The construction of underground engineering facilities or underground exploration and mining shall take protective measures to prevent groundwater pollution.
Article 45 Manual recharge of groundwater shall not deteriorate the quality of groundwater.
Chapter VI Legal Responsibility Article 46 Where any of the following acts is violated in violation of the provisions of this Law, the department of environmental protection or the navigation agency of the communications department may, depending on the circumstances, give a warning or impose a fine:
(1) Refusal to report or falsely report on the registration and registration of pollutants stipulated by the environmental protection department under the State Council;
(2) refusing to conduct on-site inspections by the environmental protection department or the relevant supervisory and administrative department, or to resort to falsification;
(3) Violating the relevant provisions of Chapters IV and V of this law, storing, dumping, dumping, dumping, and discharging pollutants and wastes;
(4) failing to pay sewage charges or exceeding standard sewage charges in accordance with national regulations.
The method and amount of the fine shall be stipulated in the Regulations of this Law.
Article 47 In violation of the provisions of paragraph 3 of Article 13 of this Law, if the water pollution prevention and control facilities for a construction project is not completed or does not meet the requirements of the state regulations, that is, it is put into production or use, the environmental impact report of the approval of the construction project shall be reported. The environmental protection department of the book is ordered to stop production or use, and it may impose a fine.
Article 48 In violation of the second paragraph of Article 14 of this Law, the pollutant discharge unit deliberately improperly uses water pollutants treatment facilities, or dismantles or idles water pollutants treatment facilities without authorization of the environmental protection department, and discharges pollutants. If it exceeds the prescribed standards, the environmental protection department of the local people's government at or above the county level shall order it to resume normal use or be re-installed within a specified period of time, and impose a fine.
Article 49 In violation of the provisions of Paragraph 4 of Article 20 of this Law, newly built or expanded construction projects unrelated to the water supply facilities and the protection of water sources in the Grade 1 protected areas for drinking water surface water sources shall be prepared by people’s governments at or above the county level. The powers prescribed by the State Council are ordered to close down or close down.
Article 50 Any person who violates the provisions of Article 22 of this law, manufactures, sells, imports, or uses equipment that prohibits production, sales, import, or use, or adopts technologies that are prohibited from use shall be the comprehensive economic department of the people's government at or above the county level. If the circumstances are serious, the people's government at or above the county level shall submit opinions to the people's government at the county level or above and report to the people's government at the same level for ordering suspension or closure in accordance with the authority prescribed by the State Council.
Article 51 A small-scale enterprise that violates the provisions of Article 23 of this law and constructs water pollution prevention and control measures and severely pollutes the water environment shall be ordered to close by the local people's government of the city or county or the higher people's government.
Article 52 Enterprises and institutions that cause serious pollution of water bodies shall, after a fixed period of time, fail to complete the governance tasks within the time limit, in addition to collecting over-standard sewage charges in accordance with state regulations, they may be fined according to the damages and losses caused. , Or ordered to close down or closed. The penalty shall be determined by the department of environmental protection. The ordering of enterprises or institutions to close down or close down shall be decided by the local people's government that has decided to make deadlines. If enterprises or institutions directly under the Central Government are ordered to close down or close down, they must report to the State Council for approval.
Article 53 Any pollution discharge unit that violates the provisions of this Law and causes a water pollution accident shall be fined by the environmental protection department of the local people's government at or above the county level where the accident occurred. If a fishery pollution accident or a ship causes a water pollution accident, the fishery supervision and administration institution of the place where the accident occurred or the navigation authority of the transportation department shall impose a fine according to the hazards and losses caused. If a water pollution accident is caused and the circumstances are serious, the relevant responsible personnel shall be given administrative sanctions by the unit to which they belong or by the competent authority at a higher level.
Article 54 If a party refuses to accept the decision on administrative penalty, it may file a lawsuit in the people's court within fifteen days from the date of receipt of the notification. If the case is not prosecuted and fails to perform, the authority that made the decision on punishment shall apply to the people's court for compulsory enforcement.
Article 55: Units that cause water pollution hazards have the responsibility to eliminate hazards and compensate the unit or individual who has suffered direct losses. The disputes concerning the liability for compensation and the amount of compensation may be handled by the environmental protection department or the navigation authority of the communications department at the request of the parties concerned; the parties concerned may appeal to the people's court for dissatisfaction with the handling decision. The parties may also directly sue in the people's court. The loss of water pollution is caused by the intentional or negligent third party, and the third party shall bear the responsibility. Water pollution losses are caused by the victim’s own responsibility, and the pollutant discharge unit shall not be liable.
Article 56 Exemption from liability is solely due to irresistible natural disasters and the timely adoption of reasonable measures to avoid water pollution losses.
Article 57 Any person who violates the provisions of this Law and causes a major water pollution accident and results in serious public or private property loss or serious consequences of personal injury or death may confess to the relevant person in charge the ability to comply with Article 115 or 187 of the Criminal Law. The provisions of the article shall be investigated for criminal responsibility.
Article 58: The supervisory and administrative personnel of environmental protection and the staff of other relevant countries who abuse their power, neglect their duties, or engage in malpractices for personal gains shall be given administrative sanction by the unit to which they belong or by the competent authority at a higher level; if a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VII Supplementary Provisions Article 59 Where individual industrial and commercial households discharge pollutants into water bodies and the pollution is serious, the standing committees of the people's congresses of provinces, autonomous regions, and municipalities directly under the Central Government shall formulate management measures in accordance with the principles stipulated in this Law.
Article 60 The meaning of the following terms in this Law is:
(1) "Water pollution" refers to changes in the chemical, physical, biological, or radiological characteristics of a water body due to the intervention of certain substances, thereby affecting the effective use of water, endangering human health or damaging the ecological environment and causing water quality. Deterioration.
(b) "Contaminants" refers to substances that can cause water pollution.
(3) "Poisonous pollutants" refer to those pollutants which directly or indirectly cause organisms to ingest into the body, resulting in the onset of the organism or its offspring, abnormal behavior, genetic mutation, physiological dysfunction, body deformation or death.
(4) "Oil" refers to any type of oil and its refined products.
(5) "Fishery water body" refers to the spawning grounds, feeding grounds, overwintering grounds, return passages and fish and shrimp algae breeding farms delineated for fish and shrimps.
Article 61 The environmental protection department under the State Council shall, in accordance with this Law, formulate detailed rules for implementation and apply it after being approved by the State Council.
Article 62 This Law shall come into force on November 1, 1984.
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