Full Text of Regulations on Prevention and Control of Water Pollution in Xiangjiang River Basin of Hunan Province in 2018
Regulations on Prevention and Control of Water Pollution in Xiangjiang River Basin of Hunan Province
(Released by the Standing Committee Bulletin of the Ninth People's Congress of Hunan Province, No. 6, August 4, 1998)
Chapter I General Provisions
Article I in order to strengthen the prevention and control of water pollution in the Xiangjiang River Basin, to protect and improve the quality of Xiangjiang River water, to protect human health, according to the "Chinese People's *** and the State of Water Pollution Prevention and Control Law" and other relevant laws and regulations, combined with the actual situation in the province, to formulate the Regulations.
Article II of these regulations shall apply to the Xiangjiang River Basin within the province of rivers, lakes, reservoirs, channels and other surface water bodies of pollution prevention and control.
Article Xiangjiang River Basin water pollution prevention and control objectives: in accordance with national requirements to achieve industrial water pollutants throughout the basin; focus on reducing the emission of heavy metal pollutants; to ensure that the whole basin of drinking water surface water quality stability to meet the national standards.
Article Xiangjiang River Basin water pollution prevention and control, adhere to the unified leadership, hierarchical responsibility and unified planning, integrated management principle, the implementation of pollutant discharge and total control system.
Article V Xiangjiang River Basin people's governments at or above the county level shall be responsible for the quality of the water environment in the administrative region, the Xiangjiang River Basin water pollution prevention and control into the national economy and social development plans, increase environmental protection investment, to ensure that the Xiangjiang River Basin water pollution prevention and control objectives.
The provincial people's government should be Xiangjiang River Basin water pollution prevention and control tasks decomposed into the watershed of the municipal people's government, regular assessment, deadline for completion.
Article 6 of the Xiangjiang River Basin people's governments at or above the county level and their relevant departments shall strengthen the prevention and control of water pollution publicity, education and public opinion supervision, and improve public awareness of environmental protection.
Article 7 of the Xiangjiang River Basin people's governments at or above the county level shall regularly report to the people's government at the next level and the Standing Committee of the People's Congress at the same level to report on the prevention and control of water pollution in the Xiangjiang River Basin in the administrative region.
Article VIII of the Xiangjiang River Basin people's governments at or above the county level of environmental protection supervision and management of water pollution prevention and control of the administrative region; other relevant administrative departments shall, in accordance with their respective responsibilities to do a good job in the prevention and control of water pollution in the Xiangjiang River Basin.
Article IX all units and individuals have the obligation to protect the water environment of the Xiangjiang River Basin, and has the right to Xiangjiang River Basin units and individuals polluting the water environment of the prosecution and accusation.
In the Xiangjiang River Basin water pollution prevention and control work to make significant achievements of units and individuals, by the people's government at or above the county level or the relevant departments to give recognition and reward.
Chapter II supervision and management
Article 10 of the provincial people's government, the administrative department of environmental protection shall, in conjunction with the planning, water administration and other relevant authorities to draw up the Xiangjiang River Basin water pollution prevention and control plan, reported to the provincial people's government for approval and implementation.
Xiangjiang River Basin municipal and county people's governments shall, according to the approval of the higher people's government of the Xiangjiang River Basin Water Pollution Prevention and Control Plan, the development of the administrative region of the Xiangjiang River Basin Water Pollution Prevention and Control Plan and organize its implementation.
Article 11 of the Xiangjiang River Basin in accordance with national regulations for the division of drinking water surface water sources and other levels of protection. First-class drinking water surface water source protection zone by the provincial people's government; other levels of drinking water surface water source protection zone by the provincial people's government or its authorized municipal people's government.
Article 12 of the Xiangjiang River Basin people's governments at or above the county level shall rationalize the adjustment of industrial layout and industrial structure, the implementation of cleaner production; to encourage research on the prevention and control of water pollution, and to promote the prevention and control of water pollution, the results of technological research.
Article 13 of the provincial people's government, the administrative department of environmental protection shall, in conjunction with the provincial people's government planning, economic and trade and other administrative departments and relevant industry departments to draw up in the Xiangjiang River Basin prohibited and strictly limited industries, products, directory, the provincial people's government for approval and implementation.
Article 14 of the provincial people's government, the administrative department of environmental protection shall, according to the national "surface water quality standards" to draw up the main stream of the Xiangjiang River municipal municipal water quality standards, reported to the provincial people's government for approval and implementation.
Article 15 of the Xiangjiang River Basin municipal people's government shall strictly control the total amount of sewage discharged to ensure that the exit section of the water quality to meet the requirements of the municipal water quality standards of the main stream of the Xiangjiang River; failing to meet the requirements of the provincial people's government should be instructed by the municipal people's government to investigate the causes of the measures taken, and the deadline for rectification.
Article 16 of the provincial people's government shall, in conjunction with the water administrative department of the Xiangjiang River and tributaries of the municipal junction of the monitoring section, monitoring the junction section of the water quality, and through the media monthly to the community.
Article 17 of the provincial people's government, the administrative department of environmental protection and the water administrative department shall strengthen the Xiangjiang River Basin dry period water quality, water monitoring, and timely notification of the monitoring situation.
The administrative department of environmental protection of the provincial people's government shall, in conjunction with the administrative department of water, determine the total amount of pollutants discharged during the dry period in the Xiangjiang River Basin, and categorically break down to the sewage disposal unit for limited sewage discharge.
Article 18 of the new construction, expansion, alteration of direct or indirect discharge of pollutants to the Xiangjiang River Basin water body construction projects and other water facilities (hereinafter collectively referred to as construction projects), the project proposal for approval before the project construction units and individuals should be consulted in writing by the people's governments at or above the county level of the administrative department of environmental protection; the administrative department of environmental protection shall be within ten days of the written comments;. The administrative department of environmental protection that does not meet the requirements of environmental protection, the relevant departments shall not establish the project.
Article 19 of the people's governments at or above the county level, the administrative department of environmental protection approval of the environmental impact report of construction projects discharging pollutants into the Xiangjiang River Basin waters, shall not exceed the total water pollutant discharge control targets in the administrative region. The environmental impact report approved by the administrative department for environmental protection of the people's government of the city or county shall be reported to the administrative department for environmental protection of the people's government of the province for the record.
The environmental impact report shall have the opinions of the units and residents where the construction project is located.
Article 20 of the construction project water pollution prevention and control facilities, must be designed with the main project at the same time, the same time construction, commissioning and use. Water pollution prevention and control facilities must be tested by the people's governments at or above the county level administrative department of environmental protection; fails to meet the requirements, the construction project shall not be put into production or use.
Water pollution prevention and control facilities must be maintained normal use, without the approval of the administrative department of environmental protection, shall not be removed without authorization or idle.
Article 21 of the pollutants discharged into the Xiangjiang River Basin water bodies, shall be in accordance with state regulations to the local administrative department of environmental protection to declare the registration; by the administrative department of environmental protection monitoring and verification, not exceeding the national or local pollutant discharge standards and emissions control targets, issued by the sewage license; more than the national or local pollutant discharge standards or emissions control targets, the time limit for the control of the water pollution control. Control indicators, limited treatment; temporary sewage disposal license issued during the treatment.
Article 22 of the pollutants discharged into the Xiangjiang River Basin water bodies, in accordance with the provisions of the sewage charges; more than the national or provincial standards for the discharge of pollutants, in accordance with the provisions of the payment of excessive sewage charges, and is responsible for governance.
The collection of sewage charges and excessive sewage charges, should be used in accordance with relevant state regulations for the prevention and control of pollution, shall not be diverted to other uses.
The audit department shall audit the use of sewage charges and excessive sewage charges in accordance with the law.
Chapter III pollution prevention and control
Article 23 of the people's governments at all levels in the Xiangjiang River Basin and its relevant departments shall protect the ecological environment, organize afforestation, prevent soil erosion; strengthen the regulation of water conservancy projects, dredging of rivers, expanding the environmental capacity of the water bodies in the Xiangjiang River Basin; the promotion of plant pests and diseases integrated prevention and control technology, the development of eco-agriculture, to prevent pesticides and fertilizers to prevent pollution.
Article 24 of the Xiangjiang River Basin municipal people's government and its relevant departments shall, in accordance with the requirements of the Xiangjiang River Basin Water Pollution Prevention and Control Plan, to improve the urban sewage network, the construction of centralized urban sewage treatment facilities, and to ensure its normal operation.
Urban sewage must be through the urban sewage network into the centralized urban sewage treatment facilities.
Article 25 of the Xiangjiang River Basin ports and harbors should be set up pollution treatment facilities.
Storage and transportation of hazardous substances that may cause pollution of water quality ports, terminals, ships should be taken to prevent overflow, seepage, leakage and other safety measures. Motorized vessels should be set up to collect oil or oil-water separation devices and waste collection devices.
Article 26 of the sewage disposal unit shall establish environmental protection target responsibility system, to take comprehensive prevention and control measures to improve resource utilization, to prevent the production and construction or other activities in the production of wastewater, waste and radioactive substances, etc. on the Xiangjiang River Basin water environment pollution and hazards.
Article 27 of the people's governments at or above the county level, the administrative department of environmental protection shall strengthen the national and provincial people's government announced the 'supervision and inspection of key sewage disposal units, and will be regularly announced to the community.
Prior to the completion of the key sewage disposal units in the treatment of tasks, shall not build projects to expand the scale of production.
Article 28 of the direct discharge of pollutants to the main stream of the Xiangjiang River key sewage disposal units should be installed at the outfall of sewage discharge metering devices, and in accordance with the provisions of the data reported to the competent administrative department of environmental protection. The administrative department of environmental protection shall carry out inspections from time to time.
Article 29 of the Xiangjiang River Basin caused serious pollution of the water body of the sewage disposal unit, the people's government at or above the county level shall order a limited period of time, and publish a list of the limited period of time; no value of the treatment, the people's government at or above the county level shall order the closure or shutdown.
Article 30 of the Xiangjiang River Basin people's governments at or above the county level, the administrative department of environmental protection shall strengthen the oxidation ponds, sewage ponds, ash storage and tasting garbage disposal sites and other toxic and hazardous substances stacking sites supervision and inspection, and urge the relevant units to take measures to prevent water pollution accidents.
Article 31 of the discharge of pollutants causing or likely to cause water pollution accidents, shall immediately take emergency measures and report to the competent administrative department of environmental protection; the competent administrative department of environmental protection shall, upon receipt of the report, promptly report to the people's government at this level and the higher administrative department of environmental protection, and its adjacent downstream of the competent administrative department of environmental protection, the competent department of water administration Notification, if necessary, shall notify the units and residents of the area that may be affected.
Article 32 of the Xiangjiang River Basin, the following acts are prohibited:
(a) local production of cotton products, radioactive products;
(b) local arsenic refining, mercury refining, lead and zinc refining, oil refining, gold beneficiation, bleaching and dyeing, electroplating and pesticide production;
(c) the construction of new small-scale chemical pulp and paper mills, tanneries, dyes, without water pollution prevention and control measures;
(d) the use of chemical fertilizer in the production of paper, leather, and dyeing;
The use of chemical fertilizer is not permitted.
(D) dumping, discharge of industrial waste, municipal garbage and other waste into the water body;
(E) laws and regulations prohibit other pollution of water bodies.
Article 33 of the Xiangjiang River Basin, the first level of domestic drinking water surface water source protection zone, in addition to comply with the provisions of Article 32 of these Regulations, shall also comply with the following provisions:
(a) the prohibition of new construction, expansion of construction projects unrelated to the water supply facilities and protection of water sources;
(b) prohibit ships loaded with poisonous, hazardous or radioactive substances engaged in loading and unloading operations;
(c) prohibit ships loaded with poisonous, hazardous or radioactive substances engaged in loading and unloading operations.
(C) prohibited to engage in tourism, swimming, water dining and other activities that may pollute the water body.
Chapter IV Legal Liability
Article 34 violates the provisions of Article 17 of these Regulations, the dry water period, excessive discharge of pollutants, by the people's governments at or above the county level, the administrative department of environmental protection ordered to make corrections, and may impose a fine of 10,000 yuan or more than 50,000 yuan; the circumstances are serious, by the people's governments at or above the county level, ordered the closure or suspension of business; the supervisory personnel directly responsible for the direct responsibility and other directly responsible personnel, shall be given administrative sanctions according to law. Directly responsible for the supervisors and other directly responsible personnel, shall be given administrative sanctions.
Article 35 violation of the provisions of Article 20 of the regulations, deliberately not normal use of water pollution prevention and control facilities, or unauthorized demolition, idle water pollution prevention and control facilities, the discharge of pollutants in excess of the prescribed standards, by the people's governments at or above the county level of the administrative department of environmental protection and ordered to restore the normal use of the deadline for reinstallation of the use of the situation and according to the circumstances of the severity of the penalty of one thousand yuan or more than 30,000 yuan below the fine.
Article 36 violation of the provisions of Article 28 of these Regulations, not in accordance with the provisions of the installation and use of sewage discharge metering devices or the use of false, by the people's governments at or above the county level of the administrative department of environmental protection ordered to make corrections, and according to the severity of the circumstances of the penalty of one thousand yuan or more than 10,000 yuan.
Article 37 of the Xiangjiang River Basin water pollution prevention and control in violation of water pollution prevention and control laws and regulations, in accordance with relevant laws and regulations.
Article 38 of the confiscated revenues shall be paid to the Treasury in accordance with state regulations, into the budget management.
Article 39 of the parties to the administrative organs to make specific administrative action is not convinced, you can apply for administrative reconsideration or administrative litigation.
Article 40 violation of the provisions of these regulations, causing water pollution hazards, the unit is responsible for eliminating hazards, and directly affected by the loss of units or individuals to compensate for the loss; causing major water pollution accidents, constituting a crime, shall be held criminally responsible.
Article 41 of the people's governments at or above the county level, the administrative department of environmental protection and other relevant administrative departments and their staff have illegal approval of projects, misappropriation of sewage charges or excessive sewage charges, as well as not in accordance with the provisions of the water pollution prevention and control of supervision and inspection, such as abuse of power, neglect of duty, favoritism and malpractice, shall be given administrative sanctions; resulting in losses to the unit or individual, shall be held liable for compensation; shall be held liable for compensation; causing major water pollution accidents, constituting criminal liability. Should be held liable for compensation; constitutes a crime, be held criminally responsible.
Chapter V Supplementary Provisions
Article 42 of the province within the Zishui, Yuanshui, river basin of water pollution prevention and control, with reference to the implementation of these Regulations.
Article 43 These Regulations shall come into force on the date of publication.