Chapter I General Provisions
Article 1 In order to strengthen the protection of Shaoshui, prevent and control water pollution, improve the water environment and promote the construction of ecological civilization, these Regulations are formulated in accordance with relevant laws and regulations and in light of the actual situation of this Municipality.
article 2 these regulations shall apply to the prevention and control of water pollution, ecological protection, river management and other activities in shaoshui river basin.
Shaoshui as mentioned in these regulations refers to the main stream from the northwest foot of Huilongfeng in Shuangfeng Township, Shaodong County to Yanjiang Bridge in Shaoyang City, and tributaries such as Shiba River (also known as Luoshui River), Chajiang River, Xiyang River (also known as Longshan River), Tanjiang River and Hongqi River.
the shaoshui river basin as mentioned in these regulations refers to the area where rainfall flows into shaoshui within the territory of this municipality, and the specific scope is determined by the municipal people's government and announced to the public.
Article 3 The Municipal People's Government shall exercise unified leadership over Shaoshui protection, incorporate Shaoshui protection into the national economic and social development plan, be responsible for organizing the formulation of comprehensive plans and related professional plans for Shaoshui protection, establish and implement the annual assessment system and accountability system for Shaoshui protection target responsibility, and urge relevant departments and people's governments at lower levels to perform Shaoshui protection responsibilities according to law.
the people's governments at the county level in Shaoshui Basin are responsible for the protection of Shaoshui within their respective administrative areas, incorporate Shaoshui protection into the national economic and social development plan, formulate the implementation plan of Shaoshui protection within their respective administrative areas according to the comprehensive plan of Shaoshui protection and related professional plans formulated by the Municipal People's Government, and organize the implementation of the annual assessment system and accountability system for Shaoshui protection target responsibility.
the management Committee of shaoyang economic development zone shall supervise and manage the protection of shaoshui within its jurisdiction according to the management authority granted by the municipal people's government.
Township People's governments and sub-district offices in Shaoshui Valley should do a good job in the specific work of Shaoshui protection within their respective jurisdictions; The village (neighborhood) committees in Shaoshui River Basin shall assist in the relevant work of Shaoshui protection.
Shaoshui protection is an important part of the audit of natural resources assets of leading cadres.
article 4 the competent departments of water administration, ecological environment, urban management, natural resources and planning, industry and informatization, agriculture and rural areas, forestry, development and reform, finance, transportation, housing and construction, public security and emergency management of the people's governments at or above the county level in Shaoshui basin shall, according to their respective functions and duties, do a good job in the protection of Shaoshui within their respective administrative areas.
Article 5 The people's governments at or above the county level in Shaoshui Basin shall include the funds needed for Shaoshui protection into the fiscal budget at the corresponding level; Establish an ecological protection compensation mechanism, and give appropriate compensation to units and individuals who have suffered direct losses for the restoration and improvement of Shaoshui ecosystem.
article 6 the system of river length shall be implemented for Shao water protection. The establishment, specific responsibilities and working mechanism of the river chief shall be implemented in accordance with the relevant provisions of the state, provinces and municipalities.
The river chief should strengthen the daily inspection of Shaoshui River Basin, and urge the relevant departments and the river chief at the next level to perform the duties related to Shaoshui protection; For those departments and river chiefs at the next lower level who fail to perform their duties of Shaoshui protection in accordance with the regulations, they can interview the person in charge of the department and the river chief at the next lower level, or they can ask the people's government at the same level to interview the person in charge of the department and the river chief at the next lower level.
article 7 the people's governments at or above the county level in Shaoshui basin and their relevant departments shall organize, guide, support and encourage enterprises, institutions, social organizations, volunteers and other social forces to participate in Shaoshui protection.
all units and individuals have the obligation to protect Shaoshui, and have the right to complain and report acts that hinder the protection of Shaoshui. The people's governments at or above the county level in Shaoshui River Basin shall announce the way of complaint and report, and the responsible departments or units responsible for handling complaints and reports shall feedback the acceptance of complaints and informants within three working days, and feedback the investigation and handling of complaints and informants within one month.
the people's governments at or above the county level shall commend and reward the units and individuals that have made outstanding achievements in Shaoshui protection.
article 8 when the people's governments at or above the county level in Shaoshui basin report the environmental conditions and the completion of environmental protection targets to the people's congresses at the corresponding levels and their standing committees, they shall include the protection of Shaoshui in the report and accept supervision according to law.
chapter ii prevention and control of water pollution
article 9 the total discharge control system of key water pollutants shall be implemented in shaoshui river basin.
the municipal people's government shall, according to the total discharge control indicators of key water pollutants defined by the people's government at a higher level, decompose and implement them in combination with the actual situation of counties (cities, districts) in Shaoshui river basin; Enterprises and institutions in the implementation of national and local pollutant discharge standards, at the same time, should abide by the decomposition of the implementation of the total amount of key water pollutants control indicators.
for counties (cities, districts) that exceed the control index of total discharge of key water pollutants or fail to achieve the goal of improving water environment quality, the competent department of ecology and environment of the Municipal People's Government shall, jointly with relevant departments, interview the main person in charge of the people's government of the county (city, district), and suspend the examination and approval of the environmental impact assessment documents of construction projects with new total discharge of key water pollutants. The interview should be made public.
article 11 shaoshui river basin shall implement the system of pollutant discharge permit management. Without approval, no unit or individual may build, rebuild or expand the sewage outlet into the river in Shaoshui River and on both sides of the river; The approved sewage outlets into the river shall be set up in accordance with the approval requirements and meet the discharge standards, and the setting standards and requirements shall not be changed without authorization.
it is forbidden for units and individuals to discharge waste water and sewage into water bodies without or in violation of the sewage discharge permit.
the competent department of sewage outfall into the river should do a good job in the registration, coding and signage of sewage outfall into the river.
Article 11 The people's governments at or above the county level in Shaoshui Basin shall promote the transformation of rainwater and sewage diversion. The construction of new urban areas should implement rainwater and sewage diversion, and the coverage of rainwater and sewage diversion in old urban areas should be gradually expanded.
people's governments at or above the county level and township people's governments in Shaoshui Basin should establish centralized urban sewage treatment facilities to ensure the normal operation of sewage treatment facilities and realize the discharge of sewage up to standard.
key sewage units that cannot be covered by the public sewage pipe network should build their own sewage treatment facilities, install online detection and monitoring equipment, and keep the original monitoring records, so as to achieve the standard discharge of sewage.
Article 12 The urban management department shall be responsible for the cleaning, salvage and transshipment of river garbage, floating objects and harmful algae in the urban area of Shaoshui River Basin, and the specific scope shall be delineated by the local people's government at or above the county level; Other rivers shall be the responsibility of the departments or units determined by the local people's governments at the county level.
the management and operation units of water conservancy and hydropower projects such as reservoirs, dams and hydropower stations in Shaoshui River Basin should do a good job in clearing and salvaging river garbage, floating objects and harmful algae within their management scope.
the relevant responsible units shall promptly clean up and salvage the river garbage, floating objects and harmful algae, and shall not discharge them downstream.
the salvaged floating objects and harmful algae should be treated harmlessly.
Article 13 The people's governments at or above the county level in Shaoshui River Basin shall investigate the water bodies within their respective administrative areas, announce to the public the location of the black and odorous water bodies, the responsible persons and the time limit for reaching the standards, take measures such as pollution control, dredging and ecological restoration of the water bodies in a planned way, and announce to the public the treatment of the black and odorous water bodies once every six months during the remediation period.
article 14 the water administration, ecological environment and other competent departments of the people's government at or above the county level in Shaoshui basin shall establish and improve the monitoring network of water resources, water environment and urban water supply, and focus on monitoring the water quality and water pollution status of the administrative junction section, river control section, important water function area and sewage outlet in Shaoshui basin in accordance with the technical standards and norms stipulated by the state, and publish the monitoring results regularly.
water quality monitoring data is an important basis for the environmental protection performance assessment and responsibility assessment of the people's governments of counties (cities, districts) in Shaoshui River Basin.
chapter iii ecological protection
article 15 the people's governments at or above the county level in shaoshui river basin shall, according to the needs of the ecological environment function of shaoshui river basin, organize the protection and restoration of shaoshui water sources and wetlands, and build ecological environment control and protection projects such as artificial wetlands, water conservation forests, vegetation buffer zones and isolation zones along the river according to local conditions.
article 16 the people's governments at or above the county level in shaoshui river basin should strengthen afforestation, intensify the work of returning farmland to forests and closing hillsides to facilitate afforestation, improve the forest coverage rate, adjust the tree species structure and stand structure, enhance the forest water conservation capacity, and prevent soil erosion.
no unit or individual is allowed to cut water conservation forests, soil and water conservation forests, ecological public welfare forests and change the use of wetlands without authorization. If it is really necessary to cut down trees and occupy wetlands because of public interests, relevant examination and approval procedures shall be handled according to law.
Article 17 The people's governments at or above the county level in Shaoshui Basin shall strengthen the management of small watersheds, prevent soil erosion, carry out dynamic monitoring of soil erosion, and compile an annual bulletin on soil and water conservation; Organize the protection, renovation and dredging of reservoirs and mountain ponds in Shaoshui basin, enhance water conservation and water storage capacity, and improve agricultural irrigation conditions and water environment in small basins.
article 18 when the total water intake control system is implemented in shaoshui river basin, the water administrative department shall scientifically determine the regional water intake control indicators, make unified planning and give consideration to interests, and give priority to meeting the domestic water consumption of urban and rural residents.
unless it is stipulated by laws and regulations that it is not necessary to apply for a water intake permit, water intake units and individuals shall apply to the water administrative department for a water intake permit and take water in accordance with the provisions of the water intake permit.
the people's governments at or above the county level in Shaoshui basin should establish and improve the guarantee and incentive mechanism for water-saving investment, strengthen the total water consumption control and quota management, guide water users and individuals to comprehensively utilize water resources, and support water recycling.
Article 19 The fishery administrative department of the people's government at or above the county level in Shaoshui Basin shall scientifically organize and implement the artificial proliferation and release of aquatic organisms every year.
units and individuals are encouraged to participate in and carry out aquatic organisms proliferation and release activities through various ways and means, such as subscribing for released seedlings, donating funds and participating in volunteer activities. Units and individuals that carry out aquatic organisms proliferation and release activities on their own shall report the species, quantity, specifications, time and place of proliferation and release to the fishery administrative department of the local people's government at or above the county level fifteen days in advance, and accept supervision and inspection.
the people's governments at or above the county level in Shaoshui basin should organize relevant competent departments to strengthen the monitoring, early warning and prevention of the invasion of exotic harmful species such as pomacea canaliculata, Eichhornia crassipes and water hyacinth in Shaoshui basin.
Article 21 It is forbidden to fry, poison or electrocute fish; It is forbidden to use forbidden fishing gear such as cages, grates, diving spears, and nets smaller than the minimum mesh size for fishing or other methods of destroying fishery resources as stipulated by laws and regulations.
The fishing season is closed from March 1 to June 31 every year; No-fishing areas shall be set up in Shaoshui, and the specific scope shall be determined by the people's governments at or above the county level.
it is forbidden to engage in fishing activities in drinking water source protection areas; Those who engage in fishing and other activities in other areas of Shaoshui River Basin shall promptly clean up the garbage and waste generated.
chapter iv river course management
article 21 the scope of river course management with dikes in shaoshui river basin covers the waters, sandbanks, beaches (including arable land), flood discharge areas, dikes and berms on both sides of the river; The scope of river management without dikes in Shaoshui Basin is determined according to the historical maximum flood level or design flood level.
the management scope of Shaoshui River shall be delineated by the people's governments at or above the county level in accordance with the provisions of the preceding paragraph, and signs shall be set up.
Article 22 The following acts are prohibited within the scope of Shaoshui River management:
(1) Sand mining within the scope of river management without approval or in accordance with the provisions of the river authorities;
(2) Reclaim rivers, and occupy rivers and beaches by means of landfill, crowding and covering;
(3) Dumping garbage, dregs and wastes;
(4) using rivers, islands and beaches to engage in activities that affect flood discharge or damage the ecological environment, such as planting;
(5) engaging in cage culture and other aquaculture activities that may cause water pollution;
(6) engaging in water catering and other business activities that may cause water pollution;
(7) other acts endangering the river course.
article 23 the people's governments at or above the county level in shaoshui river basin shall establish a patrol system for construction activities within the scope of river management. except for necessary public facilities such as flood control, drainage and irrigation, it is forbidden to build or expand buildings, structures and their ancillary facilities within the scope of river management in shaoshui.
illegal buildings, structures and ancillary facilities that have been built within the scope of Shaoshui River management should be demolished within a time limit. If it is not removed within the time limit, the people's government at or above the county level shall instruct the relevant departments or units to forcibly remove it according to law, and the expenses required shall be borne by the violator.
Article 24 The water administrative department of the people's government at or above the county level in Shaoshui River Basin shall formulate a river dredging plan, carry out river dredging, and the dredging plan shall be scientifically demonstrated by the relevant departments of water administration, ecological environment, etc., and do a good job in sludge recycling or harmless treatment.
Article 25 Water conservancy projects in Shaoshui River Basin shall be constructed and maintained in strict accordance with the comprehensive planning of Shaoshui protection and related professional planning requirements.
the water administrative department of the people's government at or above the county level in Shaoshui River Basin shall carry out regular maintenance on flood discharge sluice and sand flushing sluice in the basin to ensure normal operation.
It is forbidden to add new hydropower stations in Shaoshui Basin, and backward and waste hydropower projects will be phased out and withdrawn.
Chapter V Legal Liability
Article 26 If the relevant departments of the people's governments at or above the county level in Shaoshui Valley and their staff violate the provisions of these Regulations and commit any of the following acts, the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) Without approval, the comprehensive planning of Shaoshui River Basin protection and related professional planning contents are changed without authorization, and the construction and protection are not carried out according to the planning requirements;
(2) failing to perform the duties of supervision and management of water pollution prevention and control;
(3) failing to comply with the regulations on river management and approving construction projects in violation of regulations;
(4) failing to implement the total water intake control system;
(5) failing to perform other duties as stipulated in these regulations.
Article 27 Anyone who, in violation of the provisions of the first and second paragraphs of Article 21 of these regulations, explodes fish, poisonous fish or electric fish, or uses prohibited fishing gear and nets smaller than the minimum mesh size, or uses other methods to destroy fishery resources as stipulated by laws and regulations, and fishes in violation of the provisions on closed fishing areas and closed fishing periods, the fishery administrative department of the people's government at or above the county level shall confiscate the catch and illegal income and impose a fine of not less than 511 yuan but not more than 51,111 yuan; If the circumstances are serious, the fishing gear shall be confiscated and the fishing license shall be revoked; If the circumstances are particularly serious, the fishing boat may be confiscated.
whoever, in violation of the provisions of the third paragraph of Article 21 of these regulations, engages in fishing activities in drinking water source protection areas shall be ordered by the competent department of ecological environment of the people's government at or above the county level to stop the illegal act and may be fined between 211 yuan and 511 yuan; Engaged in fishing and other activities in other areas of Shaoshui River Basin, failing to clean up the garbage and wastes generated, the water administrative department of the people's government at or above the county level or the urban management department shall give a warning according to the division of responsibilities and order it to make corrections; Refuses to correct, at more than fifty yuan to two hundred yuan fine.
article 28 whoever, in violation of the provisions of the first paragraph of article 22 of these regulations, excavates sand within the scope of river management without approval or in accordance with the provisions of the river authorities, shall be ordered by the water administrative department of the people's government at or above the county level to stop the illegal act, confiscate the illegal income and illegal sand mining equipment, revoke the river sand mining license, and may also be fined between 111,111 yuan and 311,111 yuan.
whoever, in violation of the second paragraph of article 22 of these regulations, reclaims river courses and encroaches on river courses and beaches by means of landfill, crowding or covering, shall be ordered by the water administrative department of the people's government at or above the county level or the urban management department to stop the illegal act, restore the original state or take other remedial measures, and may be fined more than 511 yuan.