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Regulations
of Shenzhen Special Economic Zone on Urban Water Supply and Use
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(Original adopted by the 15th Meeting of the Standing
Committee of the Second Shenzhen Municipal People' s
Congress on December 26,1995.As revised in accordance with the
Decision on Revision of Regulations
of Shenzhen Special Economic Zone on Urban Water Supply and Use
of the 21st Meeting of the Standing Committee of the Third
Shenzhen Municipal People' s
Congress on January27,2003.
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Chapter
I General Provisions
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Article
1 In order to strengthen the management of urban water supply
and use in Shenzhen Special
Economic Zone (hereinafter referred
to as the "Special
Zone" ),
develop the water supply undertaking, safeguard urban water use,
maintain the lawful rights and
interests of urban water supplier
and user , these regulations are hereby formulated according to
these regulations of Urban
Water Supply of the state and the basic principles of
relevant laws and regulations, and combining with the special
circumstance of the Special Zone.
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Article
2 Anyone shall abide by these regulations to supply and use of
urban water.
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The
urban water supply in these regulations shall be referred to as
the acts of supplying water
to the residents and units for
living, producing and other purposes through the urban public
water
supply project by the water supply enterprise.
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The
urban water use in these regulations shall be referred to as the
acts of using water directly
for living, producing or other
purposes.
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Article
3 The supply of urban water shall be subject to the principles
of development of water supply,
planned and sumptuary water use.
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Article
4 The urban water supply shall satisfy the demand of water use
of the residents for living
in priority and safeguard the demand
of water use in the development of the city.
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Article
5 The Water Resource Competent Authority (hereinafter referred
to as the "Municipal
Water Resource Competent Authority"
)of Shenzhen Municipal People' s
Government (hereinafter referred to as the "Municipal
Government" )
is the competent authority in charge of supervision and
management of urban water supply and use.
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Article
6 All levels of the People' s
Government shall strengthen the administration of planned and
sumptuary water use, encourage the
adoption of advanced
water-saving technology, reduction of the consumption of water,
raise the
repeated utilized ratio of water and improvement the
management system of sumptuary water use.
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Chapter II The Urban Water Supply Source
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Article
7 The Municipal Water Resource Competent Authority with the
presence of other relevant authorities
shall make the plan for
urban water supply in accordance with the national economy and
social development
plan. The water supply plan shall be included
in the general plan of city development.
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After being approved by the Municipal Government,
the water supply plan shall be put into force by the Municipal
Water Resource Competent Authority and shall not be modified
unless otherwise approved by the Municipal
Government.
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Article
8 The layout, development, distribution and administration of
the water supply source shall
be uniformly conducted by the
Municipal Water Resource Competent Authority in light of the
water
supply plan.
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Article
9 The Municipal Water Resource Competent Authority shall make
the annual distribution plan
of the water supply source in light
of the water supply plan and current national economy and social
development plan, combing with the water supply source
situation.
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If
the annual distribution plan of water supply source cannot
satisfy the need of water supply ,
the Municipal Water Resource
Competent Authority shall modify the plan timely.
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Article
10 Any acts leading to pollution in the water source shall be
prohibited in the protected
areas of drinking water source.
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The
quality standard of water supply source shall comply with the
national water quality standard.
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Article
11 The Municipal Water Resource Competent Authority and the
Environment Protection Authority
shall implement the supervision
over the quality of water supply source.
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Chapter
III Urban Water Supply Project
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Article
12 Urban water supply projects include the urban public water
supply projects and the user' s
water supply facilities.
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The
urban public water supply projects referred to the water factory
and its water-taking facility,
the urban public water supply
piping and its additional facility.
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The
user' s
water supply facilities referred to the water supply piping and
its additional facility that connect
with the public water
supply piping.
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Article
13 The Municipal Water Resource Competent Authority shall make
annual construction plan
for the urban public water supply
project (hereinafter referred to as the "annual
construction plan" )
in accordance with the urban water supply plan.
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Article
14 In case there is more water demand due to any new
construction project, reconstruction
project or the extension
project, the expenditure of the construction investment of
public water
supply project therein shall be included in the
general budgetary estimate and be transferred to the Municipal
Water Resource Competent Authority for construction uniformly.
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The
measures on administration of construction investment of public
water supply shall be formulated
by the Municipal Government.
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Article
15 The urban public water supply project, which being invested
by the government or water
supply enterprise, shall be subject
to the owner' s
responsibility system.
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The
development and construction unit shall be responsible for any
investment in construction of
the users'
water supply facility.
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If
the lowest hydraulic pressure for service cannot meet the demand
for normal water use, the development
and construction unit
shall be responsible for investing in construction of the
corresponding hydraulic-added
facility.
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Article
16 The new construction project, reconstruction project and
extension project shall be applied
to the Municipal Water
Resource Competent Authority for approval.
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The
Municipal Water Resource Competent Authority shall examine the
nature and scale of the water
supply project and reply within
thirty days upon receiving the application. If the application
is in line with the urban water supply plan and the annual
construction plan, the Municipal Water Resource Competent
Authority shall issue the Certificate of Approval of Urban Water
Supply Project, otherwise the
authority shall make a written
reply of disapproval with reason.
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After
receiving the Certificate of Approval of Urban Water Supply
Project, the the development and
construction unit shall go
through the land-using and constructing procedures in accordance
with
laws and regulations.
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Article
17 Water-saving facility shall be constructed according to
relevant regulations and meet
relevant regulated national
standard in the case of new construction, extension and
reconstruction
projects.
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The
check and acceptance of the water-saving facility shall be
handled with the participation of
the Municipal Water Resource
Competent Authority.
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Article
18 The unit that uses water shall adopt water-saving measures
including water recycle, water
reuse, seawater use or other
measures step by step and shall examine the water consumption
and
reduce water use.
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The
Municipal Water Resource Competent Authority, in the present of
other departments, shall termly
implement the balance test of
water quantity over the unit that uses water and fairly evaluate
the level of water use. If the unit fails to meet relevant
water-saving rules after being tested, it shall take
corresponding measures timely to renovate and improve.
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Article
19 The design, construction and supervision of the urban water
supply project shall be undertaken
by the unit which has
corresponding qualification document and has got the approval of
the Municipal
Construction Administration Competent Authority
and shall comply with the national technical standard and
criterion.
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The
unit which has no qualification document or goes beyond the
business scope of the qualification
document shall be prohibited
from undertaking the design, construction and supervision of the
urban
water supply project.
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Article 20 The design
proposal of the urban water supply project shall be examined by
the Municipal
Water Resource Competent Authority in the present
of other departments and solicit the water supply enterprise for
opinions.
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Article
21 The quality of piping, material, facility and instrument used
in the urban water supply
project shall be authenticated by the
Municipal Technology Supervision Department.
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The
Municipal Technology Supervision Department shall publicize the
quality authentication results
of piping, material, facility and
instrument of water supply regularly.
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The
Municipal Technology Supervision Department shall implement the
supervision, examination and
management in accordance with the
national technical criterion in the present of the Municipal
Water Resource Competent Authority.
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Article
22 The Municipal Water Resource Competent Authority shall be
responsible for supervising
and examining the construction
quality of the urban water supply project.
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Article
23 The complete check and acceptance of the urban water supply
project shall be implemented
in the present of the Municipal
Water Resource Competent Authority and the water supply
enterprise.
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Article
24 After being checked and accepted, the urban public water
supply project, water meter
and the private water supply
facility in front of the water meter, as well as their property
rights,
shall be transferred to the water supply enterprise for
uniformly management except the hydraulic-added facility
of high
building.
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The
water supply enterprise shall guarantee the normal water supply
condition of the urban water
supply project within twenty days
upon transferring.
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Article
25 The urban water project may be hold unqualified by the
Municipal Water Resource Competent
Authority and the water
supply enterprise in any one of the following circumstances:
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(1)
piping, materials, facility and instruments of water
supply having not been authenticated;
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(2)
the
piping of water supply being unable to ensure the special
condition of hydraulic pressure;
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(3)
the water supply project failing to meet the relevant
technical regulations, standard or the technical design proposal
examined and approved by the Municipal Water Resource Competent
Authority;
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(4)
the water-saving facility failing to meet the
water-saving regulations.
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Article
26 A water supply enterprise shall not accept the transfer of
the urban water project which
having not been checked and
accepted or failing to pass the check.
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Article
27 The water supply enterprise may refuse to supply water until
the urban water supply project
is transferred to the water
supply enterprise.
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Article
28 The connection of the user' s
water supply facility with the urban public water supply project
shall not result in any pollution
to the quality of water
supply.
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The
water use piping and the additional facility of a unit which
makes or uses the venomous or deleterious
materials shall not be
directly connected with the public water supply project.
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Article
29 Any unit or individual shall not modify, demolish or move the
urban water supply project
without authorization, except in the
case that a water supply enterprise reconstructs the urban water
supply project.
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The
modification, demolishment or move of the urban water supply
project due to project construction
shall have the assent of the
water supply enterprise and be applied to the Municipal Water
Resource
Competent Authority and the City Planning Land
Department for approval.
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The
construction unit shall construct the project in accordance with
the approved designs and the
corresponding remedial scheme for
modification, demolishment, or move.
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Article
30 The construction unit and the building unit shall inspect the
underground piping and
network of water supply of the water
supply enterprise before the project involving water supply
project start constructing. If the construction may affect the
safety of the water supply facility, the constructor
and builder
shall take relevant protecting measures.
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The
aforesaid protecting measures shall be subject to assent of the
water supply enterprise.
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Article
31 Such acts as digging, constructing buildings or
constructions, piling up articles or
other acts which may result
in damage to the safety of the water supply facility shall be
prohibited
within the safety protection area of on the ground
and underground of the urban water supply project.
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Chapter
IV The Water Supply Enterprise and the User
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Article
32 The water supply enterprise herein referred to as the legal
person who engages in the
production and management of urban
water supply and undertakes the work of urban water supply.
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Any
enterprise other than the water supply enterprise shall not
undertake the urban water supply
business.
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The
government encourages and directs the water supply enterprises
to organize a water supply enterprise
group for management of
scale.
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Article
33 In the case of applying to establish a water supply
enterprise, the applier can' t
apply for a License for Business Corporation for supplying water
only after being audited by the
Municipal Water Resource
Competent Authority and approved by the Municipal Government.
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Article
34 Any water supply enterprise shall be subject to the
qualification examination system.
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Relevant
national rules shall be applicable to the qualification
examination of water supply enterprise.
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Article
35 If the water supply enterprise fails to pass the examination,
it shall be ordered to
make rectification by the Municipal Water
Resource Competent Authority within specified time limit. If it
still fails to pass such examination within the time limit, it
shall be entrusted by another qualified
water supply enterprise
which appointed by the Municipal Water Resource Competent
Authority.
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During
the period of entrustment, the power in operation and management
of the entrusted water supply
enterprise shall be taken over by
the trustee.
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If
the entrusted water supply enterprise passes the qualification
examination during the entrustment,
the Municipal Water Resource
Competent Authority shall derequisition immediately.
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If
the entrusted water supply enterprise still fails to pass the
examination after the period of
entrustment expired, the
disposal plan, which put forward by the Municipal Water Resource
Competent
Authority and approved by the Municipal Government,
shall be implemented.
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Article
36 The water supply enterprise shall produce the water supply
according to the annual distribution
plan of water supply
source.
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Article
37 The water supply enterprise shall publicize the current
service target, the measures
of water supply and the result of
implementation of service target of last year in the first
quarter
annually.
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The
service target of water supply shall includes the following
contents:
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(1)
the service hydraulic pressure of water supply;
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(2)
the water quality of water supply;
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(3)
the timely rate of rush repairs;
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(4)
the service of recording water meter and charging;
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(5)
other service targets.
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Article
38 If the water use meets the requirements of the city plan and
the water supply is feasible
at the place need water, the water
supply enterprise shall not refuse to supply water or stop
supplying
water, unless as otherwise stipulated in these
regulations.
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Article
39 The water supply enterprise shall establish and improve the
water quality inspection
system to ensure that the water quality
of factory water and network water comply with the national
healthy standard of drinking water.
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The
Sanitation Epidemic Prevention Department shall supervise the
quality of water supply according
to the relevant national
regulations.
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The
Municipal Water Resource Competent Authority and other competent
authorities shall supervise
and administrate the quality of
water supply according to the relevant national regulations.
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Article
40 The water supply enterprise shall build hydraulic examination
station of water supply
piping and network and ensure that the
pressure of water supply piping and network not be under the
lowest service hydraulic pressure.
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The
measures on examination and supervision of the lowest service
hydraulic pressure and examination
of hydraulic pressure shall
be formulated separately by the Municipal Government.
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Article
41 The water supply enterprise shall record the degree of users' water
meters regularly.
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The
water supply enterprise may consign an institution of
hydraulic-added facility management or
other property management
institution to record the degree of users' water
meter. The consignees shall not get any money therefore from the
users and confirm or change
the users' water
use nature or quantity without authorization.
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Article
42 The water supply enterprise and the consignee shall calculate
the users' water
use quantity accurately in light of the recorded degree of water
meter.
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Article
43 The water supply enterprise shall report the water supply,
water rate and other related
materials to the Municipal Water
Resource Competent Authority regularly according to relevant
rules.
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Article
44 If an accident takes place to the essential facility or
equipment directly affecting
water supply, the water supply
enterprise shall report the accident to the Municipal Water
Resource
Competent Authority within one hour after the accident
occurred.
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Article
45 The water supply enterprise shall ensure continuous water
supply, however in one of the
following circumstances, it may
stop supplying provisionally and report to the Municipal Water
Resource Competent Authority for reference:
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(1)
constructing the project;
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(2)
repairing
the facility;
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(3)
other
circumstances being necessary to stop water supply.
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If
the water supply enterprise needs to suspend water supply for
more than 12 hours, such suspension
shall be reported to the
Municipal Water Resource Competent Authority for approval.
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Article
46 In the case of suspension of water supply, the water supply
enterprise shall inform the
users of the reason and time of
stopping and resuming water supply through the mass media or
other
ways 24 hours before suspending water supply.
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If
it is unable to make the aforesaid information in advance due to
nature calamity or emergency
obstruct, the water supply
enterprise shall report to the Competent Authority and inform
the users
at the same time of rush repairs.
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The
water supply enterprise shall take temporary measures to supply
water if the suspension of water
supply lasts more than 12 hours
due to nature calamity or emergency obstruct.
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Article
47 According to the nature of water use, the urban water use is
classified as the following:
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(1)
for the residents' living;
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(2)
for
the department, institution or other non-profit-making
organization;
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(3)
for
industry;
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(4)
for
commerce;
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(5)
for
construction;
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(6)
for
catering and service trade;
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(7)
for
port and shipping;
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(8)
for
fire protection, environmental sanitation and virescence;
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(9)
for
other purposes.
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Article
48 The water user shall apply to the water supply enterprise for
water use. The contents
of the application shall include:
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(1)
the name and address of applicant;
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(2)
the nature of water use;
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(3)
the
produce scale;
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(4)
the
monthly quantity of water use;
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(5)
the state of water wastage;
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(6)
the water-saving measure;
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(7)
other materials about water use as required by the water
supply enterprise.
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As
for the residents' living
water use, the development and construction unit or the
residential management department
shall apply to the water
supply enterprise for water use within fifteen days from
transferring
of the residential water supply project.
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Article
49 The water supply enterprise shall determine the nature of
water use within fifteen days
upon the date receiving the
application for water use and inform the applicant in written.
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If
the applicant objects to the determined nature of water use, the
applicant may file a written
objection to the Municipal Water
Resource Competent Authority.
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The
Municipal Water Resource Competent Authority shall examine the
application within 7 days upon
receiving the objection. The
authority shall order the water supply enterprise to make
rectification
and inform the applicant in writing if it holds
that the determination of the enterprise violates relevant
rules; or, if it holds that the determination of the enterprise
is correct, it shall also inform the
applicant in writing.
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Article
50 The water supply enterprise and the user shall sign the
Contract of Water Supply according
to the nature of water use
after it being determined.
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The
water supply enterprise and the user shall not change the nature
of water use without authorization.
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The
standard format of the Contract of Water Supply shall be enacted
by the Municipal Water Resource
Competent Authority.
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Article
51 The water supply enterprise shall supply water within seven
days upon signing the Contract
of Water Supply.
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Article
52 The water supply enterprise shall be responsible for
repairing, replacing the users' water
meter and paying relevant fees.
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The
water supply enterprise shall be responsible for repairing,
managing, renovating and replacing
the water supply project and
its additional facility in front of the users' water
meter.
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The
user shall be responsible for repairing and managing the water
supply piping and its additional
facility behind the user' s
water meter.
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Article
53 The owners of public reservoirs in the buildings other than
high-rise buildings shall
consign the water supply enterprise to
clean and sanitize the public reservoir each half year to
prevent the water quality from recontaminating.
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The
property management department shall be responsible for cleaning
and sanitizing the public reservoir
in high-rise building.
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The
Municipal Water Resource Competent Authority and the Sanitary
and Antiepidemic Department shall
supervise and examine the work
of cleaning and sanitizing the public reservoir.
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Article
54 The water for fire protection shall not be used for other
purposes.
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Article
55 Any acts of embezzling and sub-supplying urban water shall be
prohibited.
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Chapter
V The Water Rate
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Article
56 The standard of water rate of urban water supply shall be
determined according to the
principles of cost of water supply
and tax plus reasonable profit. The water rate of the
residential
use shall be determined according to the principle
of cost plus low-profit and increased according to different
classification. While the water rate of water for fire
protection, environmental sanitation and
virescence shall be
determined according to cost. The water rate for other use
purposes shall be
reasonable charged.
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The
measures on charging of water rate for residential use shall be
separately formulated by the
Municipal Government.
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Article
57 The water supply profit margin of net assets of a water
supply enterprise shall not exceed
8 percent.
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The
water supply profit margin of net assets herein referred to the
ratio
of the result of subtracting tax and the cost of water supply
from annual total water rate
to the gross amount of the annual
net assets.
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Article
58 The Municipal Price Competent Authority, with the present of
the Municipal Water Resource
Competent Authority, shall
formulate the assessing measures of net assets.
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The
profit margin of net assets of water supply shall be assessed
annually by the Municipal Price
Competent Authority with the
present of the Municipal Water Resource Competent Authority.
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Article
59 The Municipal Price Competent Authority, with the present of
the Municipal Water Resource
Competent Authority, shall
determine the base price of water rate based on the profit
margin of
net asset of water supply. The base price of water
rate shall be publicized after being approved by the Municipal
Government.
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Article
60 The water supply enterprise shall set up the "Water
Rate Adjustment Fund" .
The fund shall be deposited in a special bank account for
stabilizing water rate and shall not
be embezzled for other
ways.
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The
water supply enterprise shall report the income of "Water
Rate Adjustment Fund"
to the Municipal Price Competent Authority and the Municipal
Water Resource Competent Authority
and accept the supervision
and examination by the Municipal Price Department, the Audit
Department
and the Water Resource Competent Authority.
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Article
61 The total amount of water rate exceeded the base price of the
residential water use,
as well as the profit margin of water
supply of the water supply enterprise exceeding 8 percent of the
profit margin of net assets, shall be added to the "Water
Rate Adjustment Fund" .
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Article
62 If the profit margin of water supply of the water supply
enterprise is under 6 percent
of the profit margin of net
assets, the "Water
Rate Adjustment Fund" may
be used to subsidize the water supply enterprise after being
audited by the Municipal Price
Competent Authority with the
present of the Municipal Water Resource Competent Authority.
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If
the profit margin of net assets is still under 6 percent after
being subsidized totally by the
"Water
Rate Adjustment Fund" ,
the water supply enterprise may apply for adjustment of water
price.
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Article
63 In the case of adjustment of water price, the scheme of price
adjustment shall be checked
and ratified by the Municipal Price
Competent Authority after obtaining the consent of the Municipal
Water Resource Competent Authority and reported to the Municipal
Government for approval.
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After
being approved by the Municipal Government, the project of water
price adjustment shall be
publicized.
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The
water price shall not be adjusted for more than once a year.
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Article
64 The charge of water rate by the water supply enterprise shall
be based on the standard
published by the Municipal Government
and the actual quantity of water use. The water user shall pay
water rate according to the nature and the actual quantity of
water use.
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The
water supply enterprise shall not collect fees other than water
rate from the users unless otherwise
stipulated by the laws,
regulations and rules.
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Article
65 The water supply enterprise may consign the institution of
hydraulic-added facility management
or other property management
to charge water rate. The consignee shall not apportion the
water
wastage, raise water price without authorization or charge
any other fees other than water rate by reason of being
consigned to charge.
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In
case the water used in a high-rise building through adding
hydraulic pressure, the institution
of hydraulic-added facility
management may charge for hydraulic-added fees, the standard of
which
shall be formulated by the Municipal Price Competent
Authority.
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Article
66 The hydraulic-added institution or property management
institution, whose property right
having not been transferred or
which having not been consigned, shall not apportion the water
wastage
and charge for water rate, hydraulic-added fees and
others unless otherwise stipulated by
laws, regulations and
rules.
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Article
67 In the case of charging water rate. the water supply
enterprise or the institution being
consigned shall issue the
Notice of Water Rate Payment to the user with the following
contents:
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(1)
the time of recording the degree of water meter and the
degree;
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(2)
the quantity of current actual water use;
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(3)
the current total amount of payable water rate;
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(4)
the time, place and method for paying water rate.
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Article
68 The users shall pay water rate according to the specified
time limit of the Notice of
Water Rate Payment. If the users
have not pay the water rate within specified time limit, the
water
supply enterprise or its consignee may charge for
additional late fee by 1 percent of due water rate each day. If
the water rate being unpaid for 60 days, the water supply
enterprise may stop supplying water after
informing the users 10
days in advance.
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If
the user being suspended water supply pays off all water rate
and late fee, the water supply
enterprise shall resume water
supply immediately.
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Article
69 If the user has any objection to pay water rate, the user
shall present his objection
to the water supply enterprise
within seven days from receiving the Notify of Water Rate
Payment,
and the water supply enterprise shall verify and reply
the user in written within seven days from receiving the
objection. If there is not any reply within specified time
limit, the objection shall be regarded
as objection sustained.
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If
the user still has any objection to the reply of the water
supply enterprise, the user may apply
to the Municipal Water
Resource Competent Authority for affirmation within seven days
from receiving
the written reply, and the Municipal Water
Resource Competent Authority shall affirm and inform the result
of affirmation to the water supply enterprise and the user
within seven days from receiving the application.
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During
the objection, the water supply enterprise shall not stop
supplying water to the objector
for the reason of objection.
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Article
70 The user may refuse to pay water rate and complain to the
Competent Authority if the
water supply enterprise or its
consignee charge for water rate violated the relevant
regulations.
The water supply enterprise or its consignee shall
not stop supplying water consequently.
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Chapter
VI Legal Liability
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Article
71 Anyone who, in violation of Article 18 of these regulations,
does not adopt or use water-saving
measures that can be
reasonable taken, shall be ordered to make rectification within
the specified
time limit by the Municipal Water Resource
Competent Authority. If he fails to make rectification within
the aforesaid time limit, it shall be fined five times of the
amount of used water by the Municipal Water
Resource Competent
Authority.
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Article
72 Anyone who, in
violation of Paragraph 1 of Article 21 of these regulations,
uses the water supply
piping , materials, facilities and
instruments without quality certification, shall be ordered to
make rectification within the specified time limit or to take
corresponding remedy measures by the Municipal
Water Resource
Competent Authority. If
he fails to make rectification within the aforesaid time limit
or take the remedy measures or take effectively measures, it
shall be rectified or remedied by
the water supply enterprise
and the corresponding expenses shall be beard by the development
and
construction unit.
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Article
73 Anyone who, in
violation of Article 28 of these regulations, shall be ordered
to make rectification
within the specified time limit and fined
for no less than 10,000 yuan but no more than 50,000 yuan by the
Municipal Water Resource Competent Authority. If the offense
results in water pollution, the compensation
shall be made to
the water supply enterprise for corresponding loss. If the
offense constitutes
a crime, criminal liability shall be
prosecuted according to law.
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Article
74 Any construction unit or building unit who, in violation of
the article 29 of these regulations,
damages the urban water
supply project, shall be responsible for repairing and
compensating the
water supply enterprise for corresponding loss
and fined for five times actual loss by the Municipal Water
Resource Competent Authority.
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If
the water supply enterprise makes repair by itself, relevant fee
of repair shall be beard by
the the construction unit or
building unit.
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Any
unit or individual who damages the urban water supply project
shall bear the liability for damages.
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Article
75 Anyone who in violation of Article 31 of these regulations
shall be ordered to make rectification
immediately and be fined
no less than 10,000 yuan but more than 50,000 yuan by the
Municipal Water
Resource Competent Authority; If resulting in
damages, the offender shall bear the liability for damages.
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Article
76 Anyone who, in violation of the paragraph 2 of Article 32 and
Article 57 of these regulations,
illegally undertakes the
business of water supply or transfers water supply, shall be
ordered to
make rectification by the Industry and Commerce
Administration Authority, confiscated of his illegal gains and
fined three times the illegal gains. If resulting in damage of
the water supply enterprise or the
user, the offender shall bear
the liability for damages.
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Article
77 Any water supply enterprise who, in violation of paragraph 1
of Article 39 of these regulations,
produces
unqualified
factory water or causes unqualified piping water, shall be
ordered to make rectification
immediately. If resulting in
damage of the user, the offender shall bear the liability for
damages.
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Article
78 Any water supply enterprise who, in violation of paragraph 1
of Article 40 of these regulations,
causes the hydraulic
pressure of water supply piping and net under the lowest service
hydraulic
pressure, shall be ordered to make rectification
within specified time limit by the Municipal Water Resource
Competent Authority. If resulting in damages of the user, the
offender shall bear the liability for
damages.
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Article
79 Any water supply enterprise who in violation of paragraph 2
of Article 52 of these regulations
shall be ordered to repair or
renew within specified time limit. If the enterprise fails to
make
repair or renovation within specified time limit, the
repair or renovation shall be organized by the competent
authority and the water supply enterprise shall pay the relevant
fees therein.
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Article
80 Anyone who, in violation of article 54 of these regulations,
illegally uses the fire
water, shall be ordered to pay water
rate according to the actual nature and quantity of water use by
the Municipal Water Resource Competent Authority and be fined
three times payable water rate.
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If
the actual quantity of water use in the preceding paragraph is
incalculable, it shall be confirmed
according to the highest
quantity of daily water use by the Municipal Water Resource
Competent
Authority.
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Article
81 Anyone who, in violation of Article 55 of these regulations,
embezzles urban water supply,
shall be ordered to pay water rate
and fined five times payable water rate. If the offense
constitutes
a crime, criminal liability shall be prosecuted
according to law.
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Article
82 Any water supply enterprise and its consignee who, in
violation of these regulations,
charges for water rate,
hydraulic-added fees and other fees, shall be ordered to refund
within
specified time limit by the Price Competent Authority and
be fined five times the amount of additional water rate,
hydraulic-added fees and other fees.
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Article
83 Any water supply enterprise or its consignee who, in
violation of these regulations,
stops or refuses to supplying
water, shall be ordered to make rectification by the Municipal
Water
Resource Competent Authority and be fined no less than
20,000 yuan but no more than 100,000 yuan. If resulting in
damage of the user, the offender shall bear the liability for
damages.
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Article
84 Anyone who in violation of Article 66 of these regulations
shall be ordered to make rectification
by the Municipal Water
Resource Competent Authority, ordered to refund within specified
time limit
by the Department of Industry and Commerce
Administration and fined ten times illegal gains.
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Article
85 Any water supply enterprise or any user , in violation of
these regulations, changes
the nature of water use without
authorization, shall be ordered to make rectification
immediately
by the Municipal Water Resource Competent Authority
and fined no less than 2,000 yuan but no more than 5,000 yuan.
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Article
86 Any official of the Municipal Water Resource Competent
Authority who, in violation of
these regulations, neglects his
duties , abuses the office or engages in malpractices for
personal
gain, shall be given administrative sanction by the
supervision department. If the offense constitutes a crime,
the
offender shall be prosecuted for criminal liability according to
law.
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Article
87 Any party, who objects to the administrative sanction decided
by the Municipal Water
Resource Competent Authority, may apply
the City Administrative Review Organization for reconsideration
within fifteen days from receiving the Decision on
Administrative Sanction or directly institute legal
proceeding
in a People' s
Court.
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If
any party neither applies for administrative reconsideration,
nor institutes legal proceedings
in a People' s
Court within specified time limit, nor performs the Decision on
Administrative Sanction, the authority
who made the decision on
administrative sanction may apply a People' s
Court for enforcement.
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Chapter
VII Supplementary
Provisions
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Article
88 The Municipal Government may formulate the detailed
implementing measures according to
these regulations.
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Article
89 The Specific measures in self-constructing water supply
facility shall be formulated
separately by the Municipal
Government. The self-constructing of facility of water supply
shall
refer to the interpretation of the Regulation on Urban
water supply issued by the State Council.
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Article
90 Where there are contradictions between the provisions of
these regulations and other
relevant rules of water supply and
use that enacted by the Municipal Government and its departments
and the water supply enterprise, these regulations shall
prevail.
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Article
91 The water supply project in current development area and its
property right shall be
transferred to the water supply
enterprise before June 30th 1997. the exact time and
method shall be studied out by the Municipal Water Resource
Competent
Authority with the Municipal Price Competent
Authority.
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Article
92 The water supply enterprise in Liantan and Yantian of the
Special Zone may be exempted
to carry out Article 57 to Article
64 of these regulations before January 1,1998, and the water
price in these areas shall be checked and ratified by the
Municipal Price Competent Authority with the Municipal
Water
Resource Competent Authority.
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Article
93 These regulations shall take effect as of May 1, 1996. |
