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Regulations
of Shenzhen Special Economic Zone |
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on
Protection for the Sources of Drinking Water
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(Adopted
at the Twenty-Seventh Meeting of the Standing Committee of the
First Shenzhen People' s
Congress on December26, 1994 and
revised in accordance with Resolution
on Revising Regulations of the Shenzhen Special Zone on
Protection for the Sources of
Drinking Water which was
adopted at the Eleventh Meeting of the Standing Committee of the
Third Shenzhen Municipal
Congress on October 17, 2001)
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Chapter I General
Provisions
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Article 1 In order to
protect the sources of drinking water of the Shenzhen Special
Economic Zone, keep people
in good health, and promote sustained
economic development, these regulations are hereby formulated in
accordance with Environmental Protection Law of the People' s Republic of China, Law
on Prevention and Control of Water Pollution of the People' s
Republic of China, and in line with the actual conditions of
the Special Zone. |
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Article 2 The
responsibilities of protection of sources of drinking water
shall be assumed by governments
at various levels. People' s
governments at various levels shall formulate plans and specific
measures
to protect sources of drinking water, and to organize
their implementation. |
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The sources of drinking water referred to in these
regulations shall mean the sources of surface water of rivers,
lakes, reservoirs, ditches, etc. within the limits of the city
of Shenzhen. |
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Article 3 The
Municipal People' s Government of Shenzhen (hereinafter
referred to as "the municipal people'
s government" ) shall
designate protection areas of sources of drinking water,
according to the
requirements of protection of water sources and
water quality, in a region of important sources of drinking
water. |
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The protection areas of sources of drinking water shall
be graded as Level 1 area, Level 2 area, and quasi-area. |
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Article 4 In
protection areas of sources of drinking water, people' s
governments at various levels shall
strengthen their
superintendence of planning for economic development and for
construction of the
city and townships, adjust industrial
structure and distribution, control the population size of
protection areas of sources of drinking water, and bring both
economic development and construction of the city
and townships
into line with protection of sources of drinking water. |
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Article 5 People'
governments at various levels shall take measures to launch
scientific and technological
research in protection of sources
of drinking water, popularize and adopt the advanced practical
technology for prevention and control of water pollution as well
as for protection of water sources, and encourage
clean
production. |
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To those units and individuals distinguishing themselves
by their accomplishments in protection of sources of drinking
water, people' s governments at various levels or related
departments shall give either commendation
or awards. |
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Article 6 Any
unit and individual shall have the obligation to protect sources
of drinking water and also
the right to report and to bring a
charge of acts of polluting water and damaging sources of
drinking
water. |
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Chapter II Supervision
and Administration
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Article 7 The
administrative departments of the municipal and district
governments in charge of environmental
protection (hereinafter
referred to as "departments of environmental protection" )
shall be responsible
for unified supervision and administration
of protection of sources of drinking water under their
respective jurisdiction, their duties shall be as follows: |
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(1)
to carry out the state' s guiding principles and
policies concerning protection of sources of drinking water, to
organize implementation of law, regulations, and rules on
protection of sources of drinking water; |
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(2)
to work out plans for designation of protection areas of
sources of drinking water as well as for protection of sources
of drinking water jointly with administrative departments in
charge of water affairs, planning,
and land resources; |
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(3)
to coordinate the work of protection of sources of
drinking water among related administrative departments; |
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(4)
to be responsible for supervision and management of
industrial pollution, consumer pollution, and the pollution
caused by livestock breeding, aquaculture, and construction; |
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(5)
to be responsible for supervision and testing of the
water quality of sources of drinking water; |
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(6)
to investigate and to deal with accidents of polluting of
sources of drinking water; |
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(7)
to fulfill other duties specified by law, regulations,
and rules. |
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The
municipal department of environmental protection may entrust its
subordinate agency of protection
of sources of drinking water
with specific supervision and administration. |
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Article 8 The related responsible administrative departments of the
municipal and district people' s governments must do well
in
supervision and administration of protection of sources of
drinking water according to the following
duties: |
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(1)
the administrative departments in charge of planning and
land resources shall be responsible for planning and
administration of protection areas of sources of drinking water
and other places of sources of drinking
water, correct,
investigate, and deal with acts of illegal land use, give
priority to the land
use for both the projects to protect
sources of drinking water and the projects to move to the other
place for development; |
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(2)
the administrative departments in charge of water affairs
shall be responsible for supervision and administration
within
the waters of sources of drinking water, work on conservation of
water and soil to protect
the areas of sources of drinking
water, pay full attention to the requirements for water quality
of sources of drinking water in the development and utilization
of water resources; |
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(3)
the administrative departments in charge of construction
shall be responsible for administration of building a system
of
waste discharging pipes and facilities to dispose of consumer
waste water, consumer garbage; |
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(4)
the administrative departments in charge of agriculture,
forestry, and fishery shall be responsible for protection
and
management of vegetation, control of the pollution of sources of
drinking water caused by agricultural
chemicals, chemical
fertilizer, plastic films for farming, droppings of poultry and
livestock; |
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(5)
the departments in charge of urban management shall be
responsible for collection, shipping and harmless disposing
of
urban consumer garbage, and also for management of urban systems
of waste discharging pipes
and facilities to dispose of waste
water; |
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(6)
the administrative departments in charge of public health
shall be responsible for supervision and administration
of the
sanitation quality of sources of drinking water; |
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(7)
the departments of public security shall be responsible
for administration of both storing and shipping of
extraordinarily poisonous substance and dangerous chemicals; |
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(8)
the administrative departments in charge of development
planning, labor, public security, and the other related
departments shall be, under their respective jurisdiction,
responsible for the population management
in protection areas of
sources of drinking water, and control of the mechanical growth
of the population
of protection areas of sources of drinking
water; |
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(9)
the administrative departments in charge of development
planning, economic development, finance, industrial and
commercial administration and the other related departments
shall, in accordance with the requirements
for protection of
sources of drinking water, adjust industrial structure and
distribution of planned
projects, provide funding for protection
of sources of drinking water and make sure of implementation of
various policies; |
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(10)
the departments in charge of administrative supervision
shall be responsible for supervision over protection of sources
of drinking water and implementation of these regulations. |
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Article
9 The
people' s governments of districts and townships,
administrative offices of neighborhood, and
committees of
village residents (urban quarter residents) in protection areas
of sources of drinking
water and other places of sources of
drinking water shall educate, supervise and urge residents to
abide by law, regulations on protection of sources of drinking
water, do a good job in building and management
of facilities to
dispose of consumer waste water and garbage within the limits of
the region of
their location, support and collaborate with
departments of environmental protection and other related
departments on investigation and dealing with illegal acts of
pollution and damage of sources of drinking
water. |
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Article 10 People' s governments at various levels and related
responsible administrative departments shall strengthen the
protection of vegetation and conservation of water and soil in
the areas of sources of drinking
water, and organize ecological
afforestation. |
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Chapter 3 Protection of
Sources of Drinking Water and Control of Pollution
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Article 11 The general goal
of protection of sources of drinking water is to ensure that
water quality of sources
of drinking water shall meet the
standard set by the state and drinking water shall be clean,
sanitary,
and safe. |
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Article 12 The
municipal people' s government shall set boundary markers for
protection areas of sources of
drinking water. |
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It shall be forbidden for any unit and individual to
change, damage the boundary markers without authorization. |
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Article 13 The
following rules shall be complied with within protection areas
of sources of drinking water: |
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(1)
it shall be forbidden to undertake construction,
reconstruction and extension of construction for the production
projects of printing and dyeing, papermaking, tanning,
electroplating, chemical engineering, smelting,
oil refining,
brewing, chemical fertilizer, dye, pesticide, etc. or for the
projects and facilities
which discharge Level 1 pollutants
according to the state standard, but with the exception of those
cases to which the other rules of these regulations are
applicable; |
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(2)
it shall be forbidden to build a new outlet to discharge
waste water to the waters of sources of drinking water; |
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(3)
it shall be forbidden to discharge, dump waster water to
reservoirs; |
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(4)
it shall be forbidden to set up a warehouse or yard for
extraordinarily poisonous substance; |
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(5)
it shall be forbidden to set up recycling and processing
facilities for industrial waste and other waste polluting
sources of drinking water; |
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(6)
it shall be forbidden to pile, fill and cover up, and
dump the dangerous waste; |
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(7)
it shall be forbidden to dump garbage, feces, residue
soil and other waste to the waters of sources of drinking water; |
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(8)
it shall be reported to the departments of public
security for approval to ship extraordinarily poisonous
substance, and effective measures shall be taken to prevent
spilling, leaking, and proliferation; |
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(9)
it shall be forbidden to raise livestock such as pigs,
cattle, and sheep, etc.; |
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(10)
it shall be forbidden to destroy a forest for reclaiming
land and planting fruit trees. |
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Article
14 Within
a Level 2 protection area of sources of drinking water, the
following rules shall be complied
with in addition to those
rules of Article 13: |
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(1)
it shall be forbidden to store and use extra-poisonous
and high-residue pesticide and to store extraordinarily
poisonous substance. If it is indeed necessary to use
extraordinarily poisonous substance, a report
shall be filed to
the related departments for approval, and effective measures
shall be taken to
prevent pollution. Using pesticide, chemical
fertilizer shall follow the related rules in order to prevent
the pollution of sources of drinking water; |
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(2)
it shall be forbidden to undertake construction,
reconstruction, and extension of construction of quarries,
brickyards; |
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(3)
it shall be forbidden to fill and cover up industrial
waste, consumer garbage, and other waste, when they are disposed
of or piled up temporarily, effective measures shall be taken to
prevent pollution; |
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(4)
both the measures to prevent spilling, seeping, leaking
and the emergency measures to deal with accidents shall be
taken
for storing, shipping, and using acid, lye, poisonous liquid,
organic solvent, oil, pesticide,
chemical fertilizer and other
materials which may pollute sources of drinking water; |
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(5)
to undertake construction, reconstruction, and extension
of construction for the other projects and facilities which
may
pollute sources of drinking water shall be reported to the
departments of environmental protection
for approval. |
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Article
15 Within
a Level 1 protection area of sources of drinking water, the
following rules shall be complied
with in addition to those
rules of Articles 13, 14: |
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(1)
it shall be forbidden to undertake construction,
reconstruction, and extension of construction of residential
houses, office buildings, factory buildings, etc. and the other
projects and facilities which have
nothing to do with water
works and protection of sources of drinking water; |
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(2)
it shall be forbidden for vehicles shipping
extraordinarily poisonous substance to pass through the area; |
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(3)
it shall be forbidden to engage in livestock breeding,
the effective measures shall be taken to prevent the water
quality pollution of sources of drinking water and soil erosion
when engaging in planting; |
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(4)
it shall be forbidden within the waters of sources of
drinking water to engage in fish farming by mesh boxes and
the
other activities of aquaculture which may pollute sources of
drinking water; |
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(5)
it shall be forbidden to dump, pile up, fill and cover up
garbage, feces, residue soil and the other waste; |
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(6)
it shall be forbidden within the waters of sources of
drinking water to do washing, swimming, driving a motorboat,
piloting water plane and to engage in the other activities which
may pollute sources of drinking
water. |
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Article
16 The
projects and facilities which are not forbidden by these
regulations but have effects on sources
of drinking water shall
be dealt with by the related rules. |
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Article 17 To
undertake construction for the projects and facilities referred
to in Item (1) of Article 13,
approval by the municipal
people' s government shall be required in addition to the
following requirements: |
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(1)
they must be the accessory projects and facilities of
large enterprises of high and new technology; |
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(2)
the construction must not be undertaken within a Level 1
protection area; |
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(3)
the effective measures must be taken to prevent and
control the pollution, and the environmental evaluation must
be
done by the related departments of government; |
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(4)
the discharge must be supervised and tested by the
related departments of government, meet the discharging standard
set by the state, and have indeed no polluting damage to sources
of drinking water. |
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Article
18 The
projects and facilities, which are forbidden by these
regulations, but have already been completed
within protection
areas of sources of drinking water before the promulgation of
these regulations,
shall be dealt with according to the
following rules: |
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(1)
for those having no approval from a department of
environmental protection, an order shall be given to stop
operation and to be closed and dismantled by a deadline; |
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(2)
for those having approval from a department of
environmental protection, an order shall be given to rectify by
a deadline; if the term of business has expired, an order shall
be given to stop operation, close,
and change the type of
business; |
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(3)
for the outlets which are used by enterprises,
institutions, and individual operators to discharge waste water
directly to waters, an order shall be given to dismantle them by
a deadline. |
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The
decisions, specified in the above section, on stopping operation
by a deadline,closing and rectifying
by a deadline, dismantling
by a deadline shall be made by departments of environmental
protection,
but for those decisions which have major impact on
the life of all the city residents or on social and economic
developments, they shall be reported to the municipal people' s
government for approval. |
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Article 19 The
effective measures shall be taken to prevent and control the
pollution in order to have sources
of water well protected in
case of engaging in production, development and the other
activities
within an area of source of drinking water which has
not been designated as a protection area of sources of drinking
water. |
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Article 20 People' s
governments at various levels shall encourage and support the
local residents of Level
1 protection areas of sources of
drinking water to move to the other places for development,
guide
the local residents of Level 2 protection areas to develop
the projects of production and operation without polluting. |
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Article 21 The
people' s governments of districts and townships, and
administrative offices of neighborhood
in a protection area of
sources of drinking water shall, in accordance with the
protection area'
s overall plan for social and economic
development and its plan for protection of sources of drinking
water, organize disposal of consumer waste water and garbage. |
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For those places and units which have not built
facilities for disposal of consumer waste water and garbage or
have not had these facilities to meet the requirements for
protection of sources of drinking water,
the municipal and
district people' s governments shall order completion of the
facilities for disposal
of waste water and garbage or
improvement of these facilities by a deadline. Before that
deadline,
the departments of environmental protection and the
other related responsible departments shall not be allowed to
examine and approve new construction projects for these places
and units. |
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Article 22
People' s governments at various levels shall raise funds
vigorously for centralization of disposal
of consumer waste
water and garbage in protection areas of sources of drinking
water. |
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Article 23 In
a place which has already built the facilities for centralized
disposal of consumer waste water
and garbage, the consumer waste
water and garbage discharged by any unit and individual shall be
put at centralized disposal, it shall be forbidden to discharge
them without authorization. |
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Within a protection area of sources of drinking water, if
the facilities for centralized disposal of consumer waste
water
and garbage have not been built, the restaurants, hotels, office
buildings, commercial buildings,
residential quarters,
dormitories for staff and workers of enterprises, etc. must have
their accessory
facilities for disposal of consumer waste water
which shall be discharged only after meeting the standard
through disposal. |
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Article 24 Any
organization and individual shall not be allowed to rent land,
buildings, structures within
a protection area of sources of
drinking water to other people to engage in the production,
operation
and activities which are forbidden by these
regulations. |
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Article 25 In
order to undertake development, production and other activities,
effective measures shall be
taken to prevent damage to
vegetation and soil erosion. |
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For land development, and earth-taking, earth-bulldozing,
earth-filling and other earthwork projects, the effective
measures to conserve water and soil such as retaining walls,
slope protection, etc. shall be taken
before starting operation,
the vegetation shall be restored after construction has been
completed,
the completed construction shall be put to use only
after passing the examination and acceptance done by a related
responsible department. |
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Article 26 The
departments of environmental protection shall organize a
clean-up of the pigs, cattle, and sheep
raised in a protection
area of sources of drinking water and arrange dismantling of the
related
raising facilities. The people' s governments of the
related districts and townships, committees of village residents
(city residents) shall be responsible for specific clean-up and
dismantling, the related departments
shall offer their
cooperation. |
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Article 27 It
shall be forbidden to use seepage pits, seepage wells, crevices,
water-eroded caves and other
improper ways for discharging waste
water. Effective measures shall be taken to prevent polluting of
groundwater in case of engaging in development, production and
other activities. |
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Article 28 In
case of an unexpected accident within a protection area of
sources of drinking water or in other
places of sources of
water, which has incurred or may cause polluting of the waters
of sources
of drinking water, the related responsible units or
individuals shall take emergency measures, inform the units
and
residents who might be affected by the damage of pollution, and
report to a department of environmental
protection in 2 hours
for investigation and settlement. After receiving the report,
the department
of environmental protection shall take effective
measures promptly, prevent further pollution and reduce its
damage. |
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Article 29 When
sources of drinking water being polluted and jeopardizing the
safe water supply, a department
of environmental protection
shall have the right to order that the units and individuals
causing
the pollution of sources of drinking water take
emergency measures such as to stop production, to stop
discharging pollutants, etc. |
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Chapter IV Legal
Liabilities
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Article 30 In case of one
of the following acts, either departments of environmental
protection or related
responsible administrative departments
shall, under their respective jurisdiction, order correction,
and impose a fine of more than 5,000 but less than 50,000 RMB: |
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(1)
in violation of Article 12 of these regulations, to do
damage to a boundary marker for a protection area of sources
of
drinking water; |
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(2)
in violation of Item (3) of Article 13 of these
regulations, to discharge and dump waste water to reservoirs; |
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(3)
in violation of Items (5), (7) of Article 13 of these
regulations, to set up recycling and processing yards for
industrial and other waste which may pollute sources of drinking
water or to dump garbage, feces,
residue soil, and other waste
to the waters of sources of drinking water; |
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(4)
in violation of Item (10) of Article 13 of these
regulations, to destroy forest for opening land and planting
fruit trees; |
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(5)
in violation of Items (1), (3), (4) of Article 14 of
these regulations, to store, use extraordinarily poisonous,
high-residue pesticides and to store extraordinarily poisonous
substance, or to use extraordinarily
poisonous substance,
pesticides and chemical fertilizer, without approval, which
cause polluting
of sources of drinking water, to fill and cover
up industrial , consumer garbage and other waste as well as to
dispose of and pile up them temporarily without effective
measures, or to fail to take effective
measures for pollution
preventing when storing, shipping, and using articles which
might pollute
sources of drinking water; |
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(6)
in violation of Article 19 of these regulations, to fail
to take effective measures for prevention and control of
pollution when engaging in production, development and other
activities in a place of sources of
drinking water which has not
been designated as a protection area of sources of drinking
water; |
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(7)
in violation of Article 23 of these regulations, to
discharge untreated consumer waste water, garbage without
authorization; |
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(8)
in violation of Article 24 of these regulations, to rent
land, buildings, structures to other people to engage in
the
production and activities which are forbidden by these
regulations for polluting sources of
drinking water. |
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Article
31 In
case of one of the following acts, either departments of
environmental protection or related
responsible administrative
departments shall order correction and impose a fine of more
than 10,000
but less than 100,000 RMB: |
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(1)
in violation of Items (2), (6) of Article 13 of these
regulations, to set up a new waste discharging outlets toward
sources of drinking water or to pile up, fill and cover up, and
dump dangerous waster over there; |
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(2)
in violation of Item (8) of Article 13, Item (2) of
Article 15 of these regulations, to ship extraordinarily
poisonous substance without authorization or fail to take
effective measures to prevent pollution in
shipping; |
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(3)
in violation of Items (3), (4) of Article 15 of these
regulations, to engage in livestock breeding or fish farming
by
mesh boxes and other activities of aquaculture which may pollute
sources of drinking water,
or to fail to abide by the law,
regulations concerning prevention and control of pollution of
sources
of water when engaging in breeding and planting; |
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(4)
in violation of Item (5) of Article 15 of these
regulations, to dump, fill and cover up garbage, feces, residue
soil, and other waste within a Level 1 protection area of
sources of drinking water; |
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(5)
in violation of Item (6) of Article 15 of these
regulations, to drive a motorboat, to pilot a waterplane, and to
engage in other activities polluting sources of drinking water; |
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(6)
in violation of Article 27 of these regulations, to
pollute sources of groundwater; |
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(7)
in violation of Article 28 of these regulations, to fail
to report to a department of environmental protection when
an
accident to pollute sources of drinking water taking place or to
fail to take emergency measures
according to the rules. |
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Article
32 In
case of violation of Item (6) of Article 15 of these regulations
by swimming, washing in the
waters of sources of drinking water,
the departments in charge of water affairs shall order
correction
and impose a fine of more than 200 but less than
2,000 RMB on each person. |
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Article 33 In
case of violation of Article 16 of these regulations, a heavy
penalty shall be imposed according
to related law, regulations. |
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In case of violation of Items (1), (4), (9) of Article
13, Items (2), (5) of Article 14, Item (1) of Article 15 of
these regulations, in addition to a heavy penalty according to
related law, regulations, a department
of environmental
protection shall order stopping operation or the departments in
charge of planning
and land resources shall do dismantling
according to law. |
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Article 34 In
case of violation of Item (9) of Article 13 of these regulations
by raising pigs, cattle, and
sheep within a protection area of
sources of drinking water, in addition to the clean-up and
dismantling
done according to Article 26 of these regulations, a
department of environmental protection may confiscate illegal
appliances, products and illegal earnings, and impose on the
person of illegal act a fine of 200
RMB per head according to
the number of illegally raised livestock. |
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Article 35 In
case of violation of Item (1) of Article 18 of these regulations
and failing in completion of
rectifying by an ordered deadline,
a department of environmental protection shall order stopping
use of facilities causing pollution, and impose a fine of more
than 10,000 but less than 100,000 RMB; if the case
is serious,
an order shall be given to stop operation and to close. In case
of failing to stop
operation, close or change the type of
production after the term of business has expired, a department
of environmental protection shall order correction and impose a
fine of more than 10,000 but less than 100,000
RMB. |
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Article 36 For
a unit or individual causing an accident of polluting of sources
of drinking water in violation
of law , regulations of
environmental protection, a department of environmental
protection shall,
jointly with the related responsible
administrative departments, order taking effective measures for
settlement and remedy, and impose a fine of more than 10,000 but
less than 100,000 RMB or 30% of the loss
directly incurred by
the pollution of the accident; as for the damage to the
resources of water
sources, the department of environmental
protection shall, jointly with the department in charge of water
affairs, order compensation for the loss suffered by the state. |
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For the related responsible persons causing the accident
of polluting of sources of drinking water, the units they
are
affiliated with or the responsible offices at a higher level
shall impose disciplinary sanctions;
if the case is serious
enough to constitute a crime, the criminal responsibilities
shall be ascertained
according to law. |
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Article 37 For
those whose permit or business license, according to law, should
be revoked because of their
acts of polluting sources of
drinking water, the department of environmental protection may
report
to the related responsible administrative departments for
imposing a penalty according to law. |
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For those who has taken the acts referred to in the above
section or who should be given an order to stop operation,
close
business and dismantle facilities, the department of
environmental protection may, if it
is necessary, notify the
units of water and power supply to stop supplying, the related
responsible
administrative departments and units of water and
power supply shall cooperate. |
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Article 38 If
a party concerned refuses to accept a decision of disciplinary
sanction made by a district department
of environmental
protection or other responsible administrative departments at
the district level,
an application for review may be filed to
the municipal department of environmental protection or other
municipal responsible administrative departments within 60 days
from the date of receiving the notice of
sanction. In case of
refusing to accept a decision of disciplinary sanction made by
the municipal
department of environmental protection or the
related municipal responsible administrative departments, an
application for review may be filed to the review office of the
municipal people' s government within
60 days from the date of
receiving the notice of sanction. If a party concerned refuses
to accept
a decision of review, a charge may be brought to the
people' s court within 15 days from the date of receiving the
decision of review. The party concerned may also bring a charge
to the people' s court directly
within 15 days from the date of
receiving the notice of sanction. |
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If a party concerned has neither applied for review, nor
brought a charge to the people' s court, nor implemented
the
decision of sanction, the responsible administrative department
which has made the decision
of sanction shall apply to the
people' s court for enforcement. |
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Article 39 The
unit and individuals causing the damage of pollution to sources
of drinking water shall have
the responsibility to remove the
danger and to make compensation to those units and individuals
directly suffering the loss. |
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If there is a dispute over the responsibility and amount
of compensation, a department of environmental protection
or the
related responsible administrative departments shall, at the
request of a party concerned,
make a settlement. The party
concerned may also bring a charge directly to the people' s
court. |
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Article 40 If
there is violation of law,
regulations of environmental protection and Article 25 of these
regulations which has caused
damage to vegetation, soil erosion,
and other natural environment damages, legal responsibilities
shall be ascertained according to law and regulations. |
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Article 41 If
anyone of the personnel of departments of environmental
protection and other responsible administrative
departments has
violated these regulations, abused power, neglected duties,
practiced favoritism
and engaged in irregularities, the criminal
responsibility shall be ascertained according to law in case of
constituting a crime; the disciplinary sanction shall be imposed
according to the related rules of
the state in case of not
constituting a crime. |
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Chapter V Supplementary
Provisions
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Article
42 These
regulations shall take effect as of July 1, 1995, when Rules of the Shenzhen City on the Administration of Protection Areas for
Sources of Drinking Water promulgated by the municipal
people' s government on October 21, 1993 shall cease to be
effective
at the same time.
Before the limits of protection areas of sources of drinking
water have been re-designated, the limits of protection
areas of
sources of drinking water designated on February 1, 1992 shall
continue to be effective. |
