Article 1 In order to protect and improve the environment, prevent and control water pollution, protect water ecology, ensure the safety of drinking water, safeguard public health, promote the construction of ecological civilization, and promote the sustainable development of economy and society, these Regulations are formulated in accordance with the Law of People's Republic of China (PRC) on the Prevention and Control of Water Pollution and other laws and administrative regulations, combined with the actual situation of the autonomous region.
Article 2 These Regulations shall apply to the prevention and control of pollution of surface water bodies and underground water bodies such as rivers, lakes, ditches and reservoirs within the administrative area of the autonomous region.
Article 3 The prevention and control of water pollution shall adhere to the principles of putting prevention first, combining prevention with control, comprehensive management, public participation and liability for damage.
Fourth people's governments at all levels are responsible for the quality of water environment within their respective administrative areas.
The people's governments at or above the county level shall incorporate water environmental protection into the national economic and social development plan, optimize the industrial structure, improve policies and measures, coordinate urban and rural water pollution prevention and control, increase financial investment in water pollution prevention and control, and protect and improve the quality of water environment.
Article 5 The competent department of ecological environment shall supervise and manage the prevention and control of water pollution within their respective administrative areas.
Water administration, natural resources, health, housing and urban and rural construction, agriculture and rural areas, development and reform, finance, industry and information technology departments shall, according to their respective responsibilities, do a good job in water pollution prevention and control.
Article 6 The people's governments at or above the county level shall implement the target responsibility system and assessment system for water environmental protection, and incorporate the completion of water environmental quality targets and the completion of key work for water pollution prevention and control into the assessment of the relevant departments of the people's government at the same level and the people's government at the next lower level and their responsible persons. The evaluation results should be made public.
Article 7 People's governments at or above the county level and their relevant departments shall strengthen publicity and education on water environmental protection, enhance the awareness of water pollution prevention and control in the whole society, encourage voluntary service of water environmental protection, guide the public to participate in water environmental protection, and commend and reward units and individuals that have made remarkable achievements in water pollution prevention and control.
Eighth to encourage and support the prevention and control of water pollution, the use of reclaimed water, water ecological restoration and other aspects of scientific and technological research and the popularization and application of advanced and applicable technologies, processes, equipment and materials.
Encourage social capital to participate in water pollution prevention and control, and guide financial institutions to increase their support for water pollution prevention and control projects.
Article 9 The discharge of water pollutants shall not exceed the discharge standards of water pollutants and the total control targets of key water pollutants stipulated by the state or the autonomous region.
Enterprises, institutions and other producers and operators that directly or indirectly discharge water pollutants shall bear the main responsibility for the prevention and control of water pollution, establish and improve the responsibility system for water environmental protection, promote cleaner production and take effective measures to prevent water environmental pollution and ecological damage.
Article 10 All units and individuals have the obligation to protect the water environment and have the right to report acts that damage the water environment by pollution. The department that receives the report shall accept and investigate according to law; If it does not belong to the responsibilities of this department, it shall be promptly handed over to the department that has the right to handle it for investigation.
Chapter II Prevention and Control of Industrial Water Pollution
Article 11 People's governments at or above the county level shall rationally plan the industrial layout, require enterprises that cause water pollution to carry out technological transformation, take comprehensive prevention and control measures, improve the reuse rate of water, and reduce the discharge of wastewater and water pollutants.
Article 12 Enterprises that discharge industrial wastewater shall take effective measures to collect and treat the generated wastewater to prevent water environment from being polluted.
Industrial wastewater containing toxic and harmful water pollutants shall be collected and treated separately, and shall not be diluted and discharged.
Thirteenth new industrial projects that discharge key water pollutants should enter industrial clusters that meet the relevant industrial planning.
The industrial cluster area shall build corresponding centralized sewage treatment facilities, install automatic monitoring equipment, and connect with the monitoring equipment of the competent department of ecological environment to ensure the normal operation of the monitoring equipment and ensure the stable discharge of industrial wastewater up to standard.
Fourteenth centralized sewage treatment facilities that accept industrial wastewater should have corresponding treatment capacity and operate normally.
Where industrial wastewater is discharged into centralized sewage treatment facilities, it shall be pretreated in accordance with the relevant provisions of the state, and can only be discharged after it meets the treatment process requirements and acceptance standards of centralized sewage treatment facilities.
Fifteenth enterprises that discharge industrial wastewater shall build sampling wells (ports) at the sewage outlets to provide convenient conditions such as sampling and monitoring for the competent departments of ecological environment and the operating units of centralized sewage treatment facilities.
The operating unit of centralized sewage treatment facilities shall sample and test the effluent quality of enterprises that discharge industrial wastewater. If it is found that the detected water quality does not meet the treatment process requirements and acceptance standards of centralized sewage treatment facilities, measures shall be taken in time and reported to the competent department of ecological environment.
Sixteenth people's governments at or above the county level shall adopt policies and financial subsidies to encourage and support enterprises to carry out advanced treatment of industrial wastewater on the basis of meeting the discharge standards, so as to improve the reuse rate of water.
Chapter III Prevention and Control of Urban Water Pollution
Seventeenth people's governments at or above the county level shall make overall arrangements for the construction of centralized urban sewage treatment facilities and their supporting pipe networks and reclaimed water utilization facilities to improve the collection rate and treatment rate of urban sewage.
Eighteenth new urban development and construction, should be synchronized planning and construction of rainwater collection and sewage treatment facilities and supporting pipe network, the implementation of rain and sewage diversion.
Old urban areas, urban villages and urban-rural fringe areas should gradually implement the transformation of rain and sewage diversion.
In areas that do not have the conditions for transformation for the time being, measures such as building storage facilities and increasing the interception ratio should be taken to prevent overflow pollution caused by the confluence of rain and sewage.
Encourage qualified areas to promote the collection, treatment and resource utilization of initial rainwater.
Article 19 No unit or individual is allowed to discharge or dump sewage, garbage or feces into the rainwater collection port.
Twentieth urban centralized sewage treatment facilities operating units shall ensure the normal operation of centralized sewage treatment facilities, and ensure that the effluent quality meets the discharge standards stipulated by the state or the autonomous region.
The sewage collection rate and treatment rate of urban centralized sewage treatment facilities that have been put into operation should be included in the water environmental protection target assessment system of the people's governments at the city and county levels with districts.
Twenty-first to encourage the recycling of urban sewage treatment. Landscape water and other municipal water in residential quarters and units should give priority to rainwater or reclaimed water.
Twenty-second laboratories, laboratories, laboratories and other toxic and harmful waste liquids, should be collected separately and disposed of safely in accordance with the provisions, and shall not be discharged into the urban sewage collection pipe network or directly into the water body.
Medical sewage should be treated in accordance with relevant laws and regulations.
Article 23 The treatment and disposal of sludge produced by centralized sewage treatment facilities in cities and towns shall be based on the principle of source reduction and whole process control, so as to realize sludge reduction, stabilization, harmlessness and resource utilization.
The operating unit of urban sewage centralized treatment facilities or the sludge treatment and disposal unit shall carry out safe treatment and disposal of sludge, ensure that the sludge after treatment and disposal meets the relevant national standards, track and record the generated sludge and the whereabouts, uses and dosage of the sludge after treatment and disposal, and report to relevant departments regularly.
Chapter IV Prevention and Control of Water Pollution in Agriculture and Rural Areas
Twenty-fourth people's governments at or above the county level shall, according to the carrying capacity of water resources and the requirements of water pollution prevention and control, optimize the rural industrial structure and development layout, and enhance the function of agricultural ecosystem.
Twenty-fifth people's governments at or above the county level shall promote the extension of urban sewage collection pipe network to surrounding villages. In areas not covered by urban sewage collection pipe network, centralized or decentralized sewage treatment facilities should be built in different regions to collect and treat rural sewage.
Rural sewage in drinking water source protection areas should be collected and treated centrally.
Twenty-sixth people's governments at all levels should strengthen the construction and operation and maintenance of rural sewage treatment facilities, increase capital investment, and ensure the normal operation of rural sewage treatment facilities.
Twenty-seventh people's governments at or above the county level shall take measures such as policy support, financial subsidies and demonstration awards. Support the construction and transformation of supporting facilities for water pollution prevention and control in livestock and poultry farms and breeding communities, and promote the comprehensive utilization and harmless treatment of livestock manure and breeding wastewater.
Twenty-eighth livestock and poultry farms, breeding areas should be based on the scale of breeding and water pollution prevention and control needs, the construction of corresponding water pollution prevention and control facilities.
Livestock and poultry breeders should build rain-proof, seepage-proof, leakage-proof and overflow-proof collection and storage facilities for livestock and poultry manure and aquaculture wastewater.
Twenty-ninth livestock and poultry breeding wastewater and agricultural product processing wastewater used for farmland irrigation shall meet the corresponding water quality standards to prevent soil, groundwater and agricultural product pollution.
Thirtieth the competent departments of agriculture and rural areas of the people's governments at or above the county level shall popularize standardized aquaculture technology to prevent and reduce the pollution of aquaculture to the water environment.
Units and individuals engaged in aquaculture should rationally use bait and drugs to prevent water environmental pollution and ecological damage.
Article 31 People's governments at or above the county level may, according to the needs of preventing and controlling water pollution, designate areas where the use of pesticides and fertilizers is prohibited or restricted in rivers, lakes, ditches, reservoirs and other waters.
Article 32 The competent agricultural and rural departments of the people's governments at or above the county level shall take measures to guide agricultural producers to use chemical fertilizers and pesticides scientifically and rationally, control the excessive use of chemical fertilizers and pesticides, strengthen the management of production, transportation, sale, storage and disposal of expired pesticides, and prevent water pollution.
It is forbidden to discard pesticides, pesticide packages or clean pesticide application devices in rivers, lakes, ditches and reservoirs.
Chapter V Protection of Drinking Water Sources and Other Special Water Bodies
Thirty-third people's governments at or above the county level shall strengthen the protection of drinking water sources, equipped with safety protection facilities and testing equipment to ensure the safety of drinking water sources.
Article 34 The delineation of drinking water source protection areas shall be proposed by the people's governments at the city or county level divided into districts, reported to the people's government of the autonomous region for approval, and announced to the public.
Approved designated drinking water source protection areas shall not be adjusted without authorization. Because the function of drinking water source changes, the water quality can not meet the requirements of drinking water, and the safety of drinking water source is threatened. If it is really necessary to adjust the drinking water source protection area, it shall be reported to the people's government of the autonomous region for approval.
Article 35 The people's government at the county level where the drinking water source protection zone is located shall set up obvious geographical landmarks and warning signs at the boundary of the drinking water source protection zone.
It is forbidden to damage or move geographical landmarks and warning signs of drinking water source protection areas without authorization.
Article 36 The people's governments at or above the county level shall strengthen the protection and management of the constructed wetland sewage treatment project and take effective measures to ensure that the constructed wetland sewage treatment project can play a stable and continuous role in purifying water bodies and reduce the discharge of water pollutants.
Article 37 The people's governments of cities and counties divided into districts shall organize relevant departments to formulate plans for the treatment of black and odorous water bodies, and make overall plans to promote the treatment of black and odorous water bodies in cities and rural areas.
Article 38 The people's governments of cities and counties where the Yellow River drains are located shall strengthen the comprehensive management of the drains, reduce the discharge of water pollutants into the Yellow River drains, and ensure the improvement of water environment quality.
The collection and treatment of domestic sewage and garbage from scattered residents along the Yellow River drainage channels should be included in the comprehensive management of drainage channels.
Thirty-ninth the use of underground hot water resources for heating, bathing, water entertainment and other activities, tail water should be treated to reduce the temperature or harmful components, and meet the corresponding water quality standards before discharge.
Chapter VI Supervision and Administration
Article 40 People's governments at or above the county level shall organize relevant departments to carry out water ecological environment investigation, formulate restoration plans, and take measures such as sewage interception and pollution control, dredging, wetland restoration and ecological protection belt construction to comprehensively manage, protect and restore the water ecosystem.
Forty-first people's governments at or above the county level shall organize ecological environment, natural resources, water administration and other departments to establish and improve the water environment monitoring network and information platform to achieve effective monitoring of key areas.
Article 42 The competent department of ecological environment of the people's government of the autonomous region shall, jointly with the competent department of water administration, set up a monitoring section of surface water quality and quantity at the junction of cities and counties (cities, districts) with canals divided into districts, conduct real-time monitoring, and regularly release monitoring information.
The people's governments at the upper reaches of rivers and ditches shall take measures to ensure that the water quality of out-of-bounds sections reaches the standard.
Article 43 The competent department of ecological environment shall strengthen the supervision and inspection on the discharge of water pollutants by enterprises, institutions and other producers and operators that directly or indirectly discharge water pollutants through written verification, on-site inspection and automatic monitoring, and regularly carry out investigation on hidden dangers of water pollution to prevent sudden water pollution incidents.
Enterprises, institutions and other producers and operators that directly or indirectly discharge water pollutants shall cooperate with the supervision and inspection of the competent department of ecological environment, truthfully reflect the situation and provide necessary information.
Forty-fourth departments in charge of ecological environment and relevant departments shall disclose water environment information according to law, improve public participation procedures and accept social supervision.
Forty-fifth enterprises, institutions and other producers and operators that discharge pollutants into water bodies shall set up sewage outlets in accordance with laws, administrative regulations and relevant state regulations.
Article 46 Enterprises, institutions and other producers and operators that implement the management of pollutant discharge permits shall formulate monitoring plans in accordance with laws, regulations and monitoring norms, conduct self-monitoring of discharged water pollutants, keep complete original monitoring records and reports, and be responsible for the authenticity and accuracy of monitoring data.
Article 47 The local people's governments of rivers, lakes, ditches and reservoirs across administrative regions shall establish a joint consultation system, cooperate with each other, share information, coordinate the prevention and control of water pollution across administrative regions, and prevent and handle water pollution incidents across administrative regions.
Disputes over water pollution across administrative regions shall be settled through consultation by the relevant people's governments or through coordination with the people's governments at higher levels.
Article 48 If an enterprise or institution has an accident or other unexpected event that causes or may cause a water pollution accident, it shall immediately start an emergency plan, take emergency measures such as isolation to prevent water pollutants from entering the water body, and report to the people's government at or above the county level or the competent department of ecological environment where the accident occurred. After receiving the report, the competent department of ecological environment shall promptly report to the people's government at the corresponding level and send a copy to the relevant departments.
Forty-ninth units or individuals that cause water pollution accidents shall bear the responsibility for accident disposal and water environment restoration, and shall bear the liability for damages according to law.
After the occurrence of water environmental damage, if the people's governments of autonomous regions and cities divided into districts and their designated departments or institutions and the units or individuals that caused the water environmental damage cannot reach an agreement or negotiate, they shall bring a lawsuit for compensation for ecological environmental damage according to law.
Fiftieth professional enterprises such as water pollution prevention and municipal construction are encouraged to operate and manage sewage treatment facilities invested by the government through entrusted management, franchising and cooperation between the government and social capital.
Chapter VII Legal Liability
Fifty-first in violation of the provisions of this Ordinance, laws and regulations have been punished, from its provisions; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 52 If, in violation of the provisions of these Regulations, the discharged water pollutants exceed the national or autonomous region water pollutant discharge standards and key water pollutant total discharge control indicators, or fail to carry out pretreatment according to the provisions, and discharge industrial wastewater that does not meet the treatment process requirements and acceptance standards to centralized sewage treatment facilities, the competent department of ecology and environment shall order it to make corrections or limit production or stop production for rectification, and impose a fine of more than RMB/kloc-0.00 million yuan/kloc-0.00 million yuan; If the circumstances are serious, it shall be reported to the people's government with the power of examination and approval and ordered to suspend business or close down.
Fifty-third in violation of the provisions of this Ordinance, the discharge or dumping of sewage, garbage and feces into the rainwater collection port shall be ordered by the comprehensive law enforcement department of urban management to stop the illegal act and impose a fine of more than 2,000 yuan in 500 yuan.
Fifty-fourth in violation of the provisions of this Ordinance, damage, unauthorized movement of geographical landmarks and warning signs of drinking water source protection areas, by the competent department of ecological environment shall be ordered to make corrections within a time limit; If no correction is made within the time limit, a fine of not less than 5,000 yuan shall be imposed on 500 yuan.
Fifty-fifth in violation of the provisions of this Ordinance, after the water pollution accident, the emergency plan for water pollution accident was not started in time and relevant emergency measures were taken, and the competent department of ecological environment shall order it to make corrections; If the circumstances are serious, a fine of not less than 20,000 yuan but not more than 100,000 yuan shall be imposed.
Fifty-sixth enterprises and institutions that violate the provisions of these regulations and cause water pollution accidents shall, in addition to being liable for compensation according to law, be fined by the competent department of ecological environment in accordance with the provisions of the second paragraph of this article, and ordered to take control measures to eliminate pollution within a time limit; Failing to take control measures as required or having no control ability, the competent department of ecological environment shall designate a unit with control ability to control it on its behalf, and the expenses required shall be borne by the offender; If a major or extraordinarily serious water pollution accident is caused, it may also be reported to the people's government with the power of examination and approval and ordered to close down; The directly responsible person in charge and other directly responsible personnel may be fined less than 50% of the income obtained from the unit in the previous year.
If a general or large water pollution accident is caused, a fine of 20% of the direct loss of the water pollution accident shall be calculated; Those who cause major or extraordinarily serious water pollution accidents shall be fined according to 30% of the direct losses caused by water pollution accidents.
Article 57 Where an enterprise, institution or other producer or operator who illegally discharges water pollutants is fined and ordered to make corrections, the administrative organ that has made the punishment decision according to law shall organize a review, and if it is found that it continues to discharge water pollutants illegally or refuses or hinders the review, the administrative organ that has made the punishment decision according to law may continue to impose penalties according to the original fine amount on a daily basis from the day following the order to make corrections.
Article 58 If the competent department of ecological environment and other departments responsible for the supervision and management of water environment and their staff members commit any of the following acts in the prevention and control of water pollution, the unit to which they belong or the higher authorities shall punish the directly responsible person in charge and other directly responsible personnel according to law:
(1) Failing to perform the duties of supervision and inspection according to law;
(2) Failing to make an administrative license or handle the approval documents according to law;
(three) to cover up the illegal acts of water environment;
(4) Failing to investigate and deal with illegal acts after they are discovered or reported;
(5) Tampering with, forging or instructing to tamper with or forge monitoring data;
(six) the water environment information should be disclosed according to law but not disclosed;
(seven) other illegal acts as prescribed by laws and regulations.
Chapter VIII Supplementary Provisions
Article 59 These Regulations shall come into force as of March 6, 2020.