
(on May 11, 1984 the sixth session of the National People’s Congress by the fifth
meeting of the standing committee
According to the May 15, 1996, the eighth National People’s Congress standing
committee meeting 19
“On revising the water pollution prevention law of the People’s Republic of
decision > fixed)
Chapter I General Provisions
For the prevention and control of water pollution, protect and improve the
environment, safeguarding human health, to ensure the effective use of water
resources, and promote the development of socialist modernization,
promulgated.
Law shall be applicable to rivers, lakes, canals, channels, reservoirs and other
surface water bodies within the territory of the People’s Republic of China, as
well as the prevention of pollution of groundwater bodies.
Marine pollution prevention and control another by law, the law is not
applicable.
Article 3 The relevant departments under the State Council and local people’s
government, water environmental protection work must be included in the
program, adopt policies and measures to combat water pollution.
Article of the environmental protection department of the People’s Government
at all levels the implementation of the unified supervision and management
organs of prevention and control of water pollution.
The navigation administration office of the transport sector at all levels to
exercise supervision and administration authority of pollution caused by ships.
Water conservancy administration departments of governments at all levels,
health administration departments, geological and mining departments,
municipal administration departments, major rivers and water sources
protection agencies, combined with their respective duties, cooperate in the
environmental protection department to supervise and administer the Water
Pollution Control.
Article 5 All units and individuals have a responsibility to protect the water
environment, and the right to monitor and report on the water environment
pollution damage.
The units and individuals directly affected by the loss due to water pollution
hazard shall have the right to damage caused by the elimination of hazards and
compensate for the losses.
Chapter II of the water environment quality standards and pollutant discharge
standards development
Article 6 The environmental protection department of the State Council to
develop a national water environment quality standards.
Provinces, autonomous regions and municipalities directly under the Central
People’s Government on national water environment quality standards
requirements of the project, the development of local complementary
standards, shall be reported to the environmental protection department of the
State Council for the record.
Article 7 The environmental protection department of the State Council
according to the national water environment quality standards and national
economic, technical conditions, to develop a national pollutant discharge
standards.
Provinces, autonomous regions and municipalities directly under the Central
People’s Government on national water pollutant discharge standards are not
provided for projects, the development of local pollutant emission standards;
national water pollutant discharge standards have been provided for projects
may establish more stringent than the State Water Pollution emissions
standards of the local water pollutant emission standards. Local water pollutant
emission standards must be reported to the environmental protection
department under the State Council for record.
Where the existing local water pollutant emission standards emission of
pollutants shall conform to the local pollutant emission standards.
Article 8 of the environmental protection department of the State Council and
the provinces, autonomous regions and municipalities directly under the Central
People’s Government shall, in accordance with the requirements of the Water
Pollution Control and the national economic and technological conditions, timely
amendments to the water environment quality standards and pollutants
emission standards.
Supervision and management of the third chapter of the Water Pollution
Control
Article 9 State Council departments and local people’s governments in the
development, utilization and regulation, the scheduling of water resources time,
it should be balanced, to maintain a reasonable flow of rivers and lakes,
reservoirs and groundwater, a reasonable level, maintaining the natural
purification capacity of water bodies .
Article prevention and control of water pollution should be according to the
watershed or regional basis to make unified plans. Basins of major rivers
identified by the state water pollution control planning, environmental
protection department under the State Council in conjunction with the planning
department, the water conservancy administration department and other
departments concerned and the relevant people’s governments of provinces,
autonomous regions and municipalities directly under the Central Government,
the State Council for approval.
Other provinces, counties rivers basin water pollution prevention plan,
according to the state for the basins of major rivers water pollution prevention
plan and the actual local conditions, by the provincial people’s government
above the environmental protection department in conjunction with the water
conservancy administration department and other departments concerned and
the relevant local the preparation of the People’s Government, the State Council
or provincial government for approval. Across counties but not provinces of the
rivers River Basin Water Pollution Prevention Plan by the Provincial People’s
Government of the State Council for the record.
Approved Water Pollution Prevention Plan is the fundamental basis of the
prevention and control of water pollution, the plan amendments shall be
subject to the original departments that approved.
Local people’s governments at or above the county level, it should be
accordance with the approved river basin water pollution control planning
organizations to develop the administrative district of the water pollution
prevention plan and included in the administrative district of the economic and
social development and long-term and annual plans.
Article 11 The relevant departments under the State Council and local people’s
government shall make rational planning of industrial layout, enterprises that
cause water pollution rectification and technological updating, adopt
comprehensive prevention and control measures to improve the reuse of water,
the rational use of resources, reduce waste and pollution matter emissions.
Article 12 The people’s governments above the county level on the water of
scenic spots, important fishery water bodies and other special economic and
cultural value of water bodies, designation of protected areas, and to take
measures to ensure the water meets water quality standards prescribed use of
protected areas.
Article 13 new construction, expansion, alteration, directly or indirectly, to
discharge pollutants to the water construction projects and other water facilities
must comply with the national construction project management of
environmental protection requirements.
Construction project environmental impact report must be made on the
construction project may be generated by water pollution and ecological impact
assessment, the provisions of the prevention and control measures, in
accordance with the procedures prescribed by relevant environmental
protection department for examination and approval. Sewage outlets in the
canal, Liang Tao, reservoirs and other water conservancy projects, shall be
subject to the relevant water conservancy administrative department agrees.
Prevention and control of water pollution facilities construction projects must be
designed with the main project, constructed and commissioned. Water pollution
prevention facilities must go through the environmental protection department
inspection, do not meet requirements of the construction project are not
allowed to put into production or use.
Environmental impact statement should be the construction of the units and
residents of the project site.
Article 14 directly or indirectly to discharge pollutants to the water enterprises,
institutions, in accordance with the provisions of the environmental protection
department of the State Council shall report to the local environmental
protection department and register with the pollutant disposal facilities,
treatment facilities and pollution emissions under normal operating conditions
matter the type, quantity and concentration, and provide relevant technical
information for the prevention and control of water pollution.
Types of sewage emissions per unit of water pollutants specified in the
preceding paragraph, a significant change in the number and concentration, it
shall report in due time; its water pollution treatment facilities must be kept in
normal operation, dismantled or idle water pollutant treatment facilities must be
reported in advance by the local The environmental protection department of
local people’s governments above the county level approval.
Article 15 enterprises and institutions to the emission of water pollutants in
accordance with State regulations, pay pollutant discharge fees; more than the
prescribed national or local pollutant emission standards, and pay the fee for
excess discharge in accordance with state regulations.
Sewage charges and the fee for excess discharge must be used for the
prevention and control of pollution shall not be used for other purposes.
Excessive discharge of the enterprises and institutions must develop the
planning, governance, and governance planning the location of the local
people’s governments above the county level environmental protection
department for the record.
Article 16 above the provincial level people’s government enterprises to
implement the achievement of water pollutant discharge standards are still not
reach the water body of water environmental quality standards prescribed by
the State, implementation of the total emissions of major pollutants control
system, and the task of reducing the volume of sewage approved system of the
major pollutants emissions. The specific measures by the State Council.
Article 17 of the environmental protection department of the State Council in
conjunction with the water conservancy administration department under the
State Council and the provincial people’s government can use the functions of
the state for the major river basins of water bodies as well as the region’s
economic and technological conditions, determine the boundaries of the
provinces of the major river basins applicable to water bodies water
environmental quality standards, the State Council for approval purposes.
Article 18 The State identified major river basins of water resources protection
agencies responsible for the supervision of their provincial boundary water
bodies of the basin water environmental quality, and monitoring results and
Times of the environmental protection department of the State Council and the
State Water Resources Management department; by the State Council approve
the establishment of river basin water conservation lead agency monitoring
results should be timely reporting of basin water resources protection lead
agency.
Article 19 Urban sewage shall be centrally treated.
The relevant departments under the State Council and local people’s
governments must protect the city water and prevention of urban water
pollution into urban planning, construction and improving the urban drainage
network, plans to build a centralized urban sewage treatment facilities, and
strengthen the comprehensive improvement of urban water environment.
Centralized urban sewage treatment facilities to sewage treatment paid services
in accordance with State regulations, polluters, and charge the cost of sewage
treatment, in order to ensure the normal operation of centralized sewage
treatment facilities. To the urban sewage centralized treatment facilities for
sewage discharge, to pay the cost of treating sewage no longer pay the sewage
charges. Charged the cost of sewage treatment must be used for centralized
urban sewage treatment facilities and operation, shall not be used for other
purposes.
Centralized urban sewage treatment facilities, sewage treatment charges,
management and use of specific measures by the State Council.
Article 20 The provincial people’s government above can be prescribed by law
for drinking water protection zones. Drinking water protection zones shall be
divided into a protected area and other levels of protected areas. May be
delineated in the surface water source of drinking water around the intake of
water and land as a protected area. The drinking water surface sources outside
protected areas, you can designate certain waters and land protected areas for
the other grades. Protected areas at all levels should have a clear geographical
boundaries.
Water discharge of sewage to the drinking water surface sources protection
zones is prohibited.
Engaged in the activities of the travel, swimming and other possible
contamination of drinking water water of a domestic and drinking surface water
protection zones is prohibited.
Prohibit a domestic and drinking surface water protection zones, construction,
expansion and water supply facilities and protection of water sources related to
construction projects.
The outfall of the drinking water surface sources protection zones have been
set by the people’s government at or above the county level in accordance with
the permissions specified by the State Council shall be ordered to be dismantled
or deadline of governance.
Should strengthen the protection of groundwater sources of drinking water
By the State Council on the specific measures of the drinking water source
protection.
Article 21 of the source of drinking water is seriously contaminated, threatening
the security of water supply, emergency case, the environmental protection
department shall be submitted to the same level people’s government approval,
take compulsory emergency measures, including ordering the enterprises or
institutions concerned to reduce or stop the discharge of pollution matter.
Article 22 An enterprise should adopt a high utilization of raw materials, the
discharge of pollutants cleaner production processes, and strengthen
management, reduce the production of water pollutants.
The state of serious pollution of water environment and backward production
technology and the outdated equipment of the serious pollution of the water
environment shall be eliminated.
The State Council’s Economic department in conjunction with relevant
departments under the State Council announced the deadline for prohibiting
the use of serious pollution of water environment technology lists and deadlines
prohibit the production, to prohibit the sale, and banned the import of
prohibiting the use of the equipment which seriously pollute the water
environment directory.
Producers, sellers, importers and users must be comprehensive economic
departments of the State Council in conjunction with, respectively, to stop
production, sale, import or use of equipment included in the preceding
paragraph, the directory within the time limit prescribed by the relevant
departments under the State Council. Adoption of the production process must
be comprehensive economic departments of the State Council in conjunction
with within the time limit prescribed by the relevant State Council departments
to stop using the process in a directory included in the preceding paragraph.
In accordance with the preceding two paragraphs out of the device and is not
transferable to another person.
Article 23 The state ban on new water pollution control measures, a small
chemical system of paper pulp, printing and dyeing, dyes, tanning,
electroplating, oil refining, pesticides, and other serious pollution of the water
environment of the enterprise.
Article 24 caused severe pollution of the water discharging unit within a time
limit.
The deadline for governance of the enterprises and institutions directly under
the central or provinces, autonomous regions and municipalities directly under
the Central People’s Government of provinces, autonomous regions and
municipalities directly under the Central Government’s environmental protection
department at the same level people’s government decided to The following
people’s government of city, county, or city and county under the jurisdiction of
the enterprises and institutions shall be eliminated or controlled within a
prescribed period of time, the municipal environmental protection department
of the county People’s Government advice, the same level people’s government
decided. The pollutant discharging units shall accomplish the task on schedule.
Article 25 The people’s government at all levels of environmental protection
departments and relevant supervision and administration departments have the
right to carry out spot checks within the jurisdiction of the discharging unit. The
units being inspected must truthfully report the situation to provide the
necessary information. The inspecting authorities shall have the responsibility to
keep confidential the technological and business secrets of the units inspected.
Article 26 The administrative area of water pollution disputes be resolved
through consultation by the relevant local people’s government or by the
common superior people’s government negotiated settlement.
Chapter IV Prevention of Surface Water Pollution
Article 27 in the source of drinking water, water of scenic spots, important
fishery water bodies and other special economic and cultural value of water
bodies within protected areas, no new sewage outfall. New outfall in the vicinity
of protected areas, must ensure that the protected areas, water bodies from
pollution.
Promulgation of this Law before some outfall outfall discharging pollutants in
excess of national or local standards should control; endangers drinking water
sources shall be relocated.
Article 28 sewage units of an accident or other exigency, discharges pollutants
in excess of normal emissions caused or may cause water pollution accident,
shall immediately take emergency measures, the notification may be subject to
a water pollution hazard and damage the unit, and The local environmental
protection department. Pollution from Ships, the accident should be reported to
the nearest navigation administration office for investigation and treatment.
Causes a fishery pollution accidents shall be subject to investigation and
handling of the fishery supervision and administration.
Article 29 prohibits emissions from oil to water, acids, alkaline solutions or
deadly toxic liquid waste.
Article 30 prohibits the cleaning of vehicles and containers used for storing oil or
toxic pollutants in water bodies.
Article 31 prohibition will discharges to water bodies, dumping or directly bury
deadly toxic soluble slag, tailings containing mercury, cadmium, arsenic,
chromium, lead, cyanide and yellow phosphorus.
Storage place of the deadly toxic soluble slag, must be taken to waterproof,
anti-leakage, anti-loss measures.
Article 32 prohibits the dumping of industrial wastes, municipal solid waste and
other waste discharges to water bodies.
Article 33 of the beaches and bank slopes below the rivers, lakes, canals,
channels, reservoirs and the highest water mark is prohibited to pile or deposit
solid waste and other pollutants.
Article 34 prohibits the discharge or dump radioactive solid waste or contain
highly radioactive and radioactive material in waste water to water bodies.
Wastewater discharges to water bodies with low-level radioactive substances
must comply with the State for radioactive protection requirements and
standards.
Article 35 of the heated waste water discharges to water bodies should take
measures to ensure the water temperature of the water body meets the water
environmental quality standards, to prevent any heat pollution hazard.
Article 36 of the discharge of sewage pathogens, must be disinfected; comply
with relevant standards, shall be allowed to discharge.
Article 37 The discharge of industrial wastewater and municipal wastewater to
the irrigation channels, should ensure that downstream irrigation intake water
to meet irrigation water quality standards.
The use of industrial wastewater and urban sewage for irrigation, should be to
prevent pollution of soil, groundwater and agricultural products.
Article 38 The use of pesticides shall comply with the requirements and
standards of the country about the safe use of pesticides.
Transport and storage of pesticides and disposal of expired pesticides, must be
strictly controlled to prevent water pollution.
Article 39 Local people’s governments above the county level administrative
departments for agriculture and other relevant departments shall take
measures to provide guidance to agricultural producers science and rational
application of fertilizer and pesticides, to control the excessive use of fertilizers
and pesticides, to prevent water pollution.
Article 40 of the emissions from ships oily wastewater, sewage, must comply
with ship pollutant discharge standards. Engaged in ocean shipping ships, on
entering inland rivers or harbors, shall comply with ship pollutant discharge
standards of the inland.
The ship’s residual oil, waste must be recovered, Prohibited discharges into
water bodies.
Prohibit the dumping of garbage from ships into the water body.
The ship loaded with or transporting oil or toxic pollution, must be taken to
prevent spillage or leakage of measures to prevent goods fell into the water to
cause water pollution.
Chapter V Prevention of Groundwater Pollution
Enterprises Article 41 to prohibit the use of seepage wells, seepage pits, fissures
and caverns emissions, the dumping of wastewater containing toxic pollutants,
including pathogens in sewage and other wastes.
Article 42 of no satisfactory impervious strata exist, prohibit the enterprises and
institutions without safeguards against seepage ditches, ponds and other
transportation or storage of toxic pollutants of wastewater containing pathogens
of sewage and other wastes.
Article 43 in the exploitation of multi-layer groundwater, aquifer water quality
differences layered exploitation shall be; diving and confined water has been
contaminated shall not be commingled.
Article 44 of the construction of underground engineering facilities or carrying
out underground exploration, mining and other activities, and should take
protective measures to prevent groundwater pollution.
Article 45 Artificial recharge of groundwater may not deteriorate the quality of
underground water.
Chapter VI Legal Liability
Article 46 violation of the provisions of the following acts, environmental
protection department or the transport sector the navigation administration
office of light of different circumstances, be given a warning or impose a fine:
(A) refusing to report or make false environmental protection department under
the State Council regulations on pollutant discharge declaration and registration
matters;
(B) denial of the environmental protection department or the supervision and
management departments on-site inspection, or falsification;
(C) in violation of this Law, Chapter IV, the fifth chapter of the relevant
provisions of storing, piling, abandoning, dumping, discharge of pollutants and
waste;
(D) do not pay sewage charges or fee for excessive discharge according to
state regulations.
Fine and the procedure and the amount of thePresident of the.
Article 47 in violation of the provisions of Article 13 paragraph 3 of the water
pollution control facility construction projects not yet built, or did not meet the
requirements of the State, that is put into production or use of the approval of
the construction project environmental impact report The environmental
protection department shall be ordered to stop production or use, may also be
fined.
Article 48 violation of the provisions of Article 14, paragraph 2, the sewage unit
intentionally water pollutant treatment facilities, or have not been approved by
the department of environmental protection, unauthorized removal, idle water
pollutant treatment facilities that discharge pollutants in excess of the required
standards by environmental protection departments of local people’s
governments above the county level shall be ordered to restore the normal use
or the deadline for re-installation, and impose a fine.
Article 49 in violation of the provisions of Article 20, paragraph 4, a domestic
and drinking surface water protected areas, new construction, expansion and
water supply facilities and protection of water related to construction projects,
by the people’s government at or above the county level in accordance with the
provisions of the State Council permission shall be ordered to suspend operation
or close.
Article 50 violation of the provisions of Article 22, the production, sale, import or
use of prohibited production, sales, import and use of equipment, or prohibiting
the use of technology by comprehensive economic departments of people’s
government above the county level shall be ordered to correct by
comprehensive economic departments of the people’s government at or above
the county level; serious cases, the advice, in accordance with the permissions
specified by the State Council ordered to suspend, close and report it to the
people’s government at the same level.
Article 51 violation of the provisions stipulated in Article 23, the construction of
water pollution control measures, small businesses, serious pollution of the
water environment, by the seat of city and county governments, or by a higher
people’s government ordered to close.
Article 52 caused severe pollution of the water enterprises, institutions,
governance by the deadline, fails to complete the task, in accordance with the
State, pay more than twice the fee for excess discharge can damage and loss
caused by the imposition of fines, or ordered to suspend operation or close
down.
The fine is decided by the department of environmental protection. Ordered to
enterprises and institutions closed down or closed, determined by the local
people’s government to make the deadline of governance decisions; ordered to
the central enterprise directly under the jurisdiction of the cause of suspension
of operation or shut down shall be submitted to the State Council for approval.
Article 53 Whoever violates the provisions of this Law, resulting in the
discharging unit of the water pollution accident, the environmental protection
department of the people’s government above the county level by the accident
occurred the damage and loss caused by the imposition of fines.
Causes a fishery pollution accident or a ship causes a water pollution accident,
the fishery supervision and administration institutions of the land transport
sector the navigation administration office to impose a fine in accordance with
the damage and loss caused by the accident.
Causing a water pollution accident, a serious case, the responsible persons
concerned, be given administrative sanctions by the unit or the higher
authorities.
Article 54 of the parties refuses to accept the decision on administrative
punishment, the date of receipt of the notification, within 15 days, the people’s
court; the expiration of a lawsuit nor implements, made the punishment
decision shall apply to the people’s court to enforce.
Article 55 of the unit causing water pollution hazards, the responsibility of
removing the hazard, and are directly affected by the loss of units or individuals
compensate for the losses.
Liability and compensation disputes, according to the request of the parties deal
with the environmental protection department or the navigation administration
office of the transport sector; If a party refuses to accept the decision, the
people’s court. The party may also directly to the people’s court.
Loss from water pollution caused by a third party intentionally or negligently,
the third party shall be liable.
Loss from water pollution caused by the victim’s own responsibility for the
pollutant discharging unit shall bear the responsibility.
Article 56 completely irresistible natural disasters, and to take reasonable
measures still can not avoid water pollution is caused losses from responsibility.
Provisions in violation of the provisions of this Law, causing major water
pollution accident, leading to serious consequences for public and private
property losses or personal injury or death, the persons responsible can,
according to Article 115 or Article 187 in Article 57 , be held criminally
responsible.
Article 58 The supervision and management of environmental protection and
other relevant national staff abuse of power, dereliction of duty, corruption, and
given administrative sanctions by their work units or the higher authorities;
constitute a crime, be held criminally responsible.
Chapter VII Supplementary Provisions
Article 59 The emission of pollutants to water bodies, individual businesses and
serious pollution of provinces, autonomous regions and municipalities directly
under the Central People’s Congress Standing Committee with reference to the
principles laid down by this Law to formulate control measures.
Article 60 of this Law, the following terms:
(A) “Water pollution” means the water of any substance involved in, which led
to the change of its chemical, physical, biological, or radiological characteristics,
thus affecting the efficient use of water and endanger human health or
damage the ecological environment, resulting in water quality deterioration.
(2) “Pollutant” means the material can lead to water pollution.
(3) “Toxic pollutants” means pollutants ingested by organisms directly or
indirectly, leading to the organisms themselves or their offspring disease,
abnormal behavior, genetic mutation, physiological functional disturbance,
organism deformity or death.
(D) “oil” refers to any kind of oil and its refined products.
(5) “Fishery water bodies” refers to the designated fish spawning grounds,
feeding grounds, wintering grounds and migration channels of fish and shrimp,
shellfish and aquatic plants farms.
Article 61 of the environmental protection department of the State Council to
formulate implementing rules in accordance with this Law shall come into force
after approval by the State Council.
Article 62 This Law shall enter into force on November 1, 1984.
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