Order of the President of the People’s Republic of China
No.87
The Law of the People’s Republic of China on Prevention and Control of Water Pollution, revised and adopted at the 32nd Meeting of the Standing Committee of the Tenth National People’s Congress of the People’s Republic of China on February 28, 2008, is hereby promulgated and shall go into effect as of June 1, 2008.
Hu Jintao
President of the People’s Republic of China
February 28, 2008
Law of the People’s Republic of China on Prevention and Control of Water Pollution
(Adopted at the 5th Meeting of the Standing Committee of the Sixth National People's Congress on May 11, 1984, revised in accordance with the Decision on Amending the Law of the People's Republic of China on Prevention and Control of Water Pollution made at the 19th Meeting of the Standing Committee of the Eighth National People's Congress on May 15, 1996, and revised at the 32nd Meeting of the Standing Committee of the Tenth National People’s Congress on February 28, 2008)
Contents
Chapter I General Provisions
Chapter II Standards and Plans for Prevention and Control of Water Pollution
Chapter III Supervision in Respect of Prevention and Control of Water Pollution
Chapter IV Measures for Prevention and Control of Water Pollution
Section 1 General Stipulations
Section 2 Prevention and Control of Industrial Water Pollution
Section 3 Prevention and Control of Water Pollution in Cities and Towns
Section 4 Prevention and Control of Water Pollution in Agriculture and the Rural Areas
Section 5 Prevention and Control of Water Pollution Caused by Vessels
Chapter V Protection of Drinking Water Sources and Other Special Water Bodies
Chapter VI Response to Water Pollution Accidents
Chapter VII Legal Liability
Chapter VIII Supplementary Provisions
Chapter I
General Provisions
Article 1 This Law is enacted for the purpose of preventing and controlling water pollution, protecting and improving the environment, guaranteeing drinking water safety, and promoting all-round, balanced, and sustainable development of the economy and society.
Article 2 This Law shall be applicable to prevention and control of pollution of rivers, lakes, canals, irrigation channels, reservoirs and other surface water bodies and of ground water bodies within the territory of the People's Republic of China.
To prevention and control of pollution of the marine environment, the Marine Environment Protection Law of the People’s Republic of China shall be applicable.
Article 3 In prevention and control of water pollution, the principles of putting prevention first, combining prevention and control and administering comprehensive treatment shall be followed, priority shall be given to protection of drinking water sources, industrial pollution and pollution by urban household waste shall be kept under strict control, and efforts shall be made to prevent and control agricultural non-point source pollution, promote construction of ecological control projects, and prevent, control and mitigate pollution of the water environment and damage of the ecology.
Article 4 People’s governments at or above the county level shall incorporate protection of the water environment into their plans for national economic and social development.
Local people’s governments at or above the county level shall adopt policies and measures to prevent and control water pollution, and take responsibility for the quality of the water environment in their respective administrative areas.
Article 5 The State shall introduce the goal responsibility system and assessment system for water environment protection, and make achievement of the goal for water environment protection one of the yardsticks in assessing the performance of local people’s governments and their leading persons.
Article 6 The State shall encourage and support scientific and technological research on prevention and control of water pollution as well as the wide use of advanced applicable technologies, and enhance dissemination of the knowledge about water environment protection.
Article 7 The State shall, by means of fiscal transfer payment, etc., establish a sound compensation mechanism for protection of the ecology of the water environment located in drinking water source reserves and the upper reaches of rivers, lakes and reservoirs.
Article 8 The competent environment protection departments of the people’s governments at or above the county level shall exercise unified supervision in respect of prevention and control of water pollution.
Maritime authorities of the competent communications departments shall exercise supervision in respect of prevention and control of water pollution caused by vessels.
Departments of the people’s governments at or above the county level in charge of water administration, land resources, health, construction, agriculture, fishery, etc., as well as institutions in charge of protection of the water resources of the basins of major rivers and lakes shall, within the scope of their respective duties, exercise supervision in respect of prevention and control of water pollution.
Article 9 The water pollutants discharged shall not exceed the limits set by the State or local authorities or the control quotes on total discharge of major water pollutants.
Article 10 All units and individuals shall have the obligation to protect the water environment and the right to inform against any pollution of or damage to the water environment.
People’s governments at or above the county level and their competent departments shall commend and reward the units or individuals that achieve outstanding successes in prevention and control of water pollution.
Chapter II
Standards and Plans for Prevention and Control of Water Pollution
Article 11 The competent environment protection department of the State Council shall establish national standards for water environment quality.
The people’s governments of provinces, autonomous regions and municipalities directly under the Central Government may establish local standards for the items that are not specified in the national standards for water environment quality and submit the same to the competent environment protection department of the State Council for the record.
Article 12 The competent environment protection department of the State Council, in conjunction with the competent water administration department of the State Council and the relevant people’s governments of provinces, autonomous regions and municipalities directly under the Central Government may, in light of the utilization functions determined by the State for the water bodies of the basins of major rivers and lakes as well as the economic and technological conditions of the related areas, establish standards for water environment quality to be applied to the water bodies of the said basins located along the borders of provinces, and such standards shall be enforced upon approval by the State Council.
Article 13 The competent environment protection department of the State Council shall, on the basis of the national standards for water environment quality and the economic and technological conditions of the country, set the national limits for the discharge of water pollutants.
The people’s governments of provinces, autonomous regions and municipalities directly under the Central Government may set their local limits for the items that are not specified in the national limits for the discharge of water pollutants. With regard to the items that are already specified in the said national limits, they may set more stringent local limits than the national limits. All local limits shall be submitted to the competent environment protection department of the State Council for the record.
Where pollutants are to be discharged into water bodies for which there are already local limits for the discharge of water pollutants to go by, such limits shall be met.
Article 14 The competent environment protection department of the State Council and the people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government shall, in a timely manner, amend their respective standards for water environment quality and their limits for the discharge of water pollutants, in compliance with the requirements for prevention and control of water pollution and in light of the national or local economic and technological conditions.
Article 15 Unified plans shall be made for prevention and control of water pollution on the basis of different basins and areas. The plans for prevention and control of water pollution of the basins of major rivers and lakes, which are designated as such by the State, shall be formulated by the competent environment protection department of the State Council in conjunction with the departments for comprehensive macro-economic regulation, water administration, etc. of the State Council and with the people’s governments of the related provinces, autonomous regions, and municipalities directly under the Central Government, and shall be submitted to the State Council for approval.
The plans for prevention and control of water pollution of the basins of the rivers and lakes other than the ones specified in the preceding paragraph, which run across provinces, autonomous regions and municipalities directly under the Central Government shall, on the basis of the plans for prevention and control of water pollution of basins of major rivers and lakes, which are designated as such by the State, and in light of the actual local conditions, be formulated by the competent environment protection departments of the people’s governments of the related provinces, autonomous regions, and municipalities directly under the Central Government, in conjunction with the water administration departments at the same level as well as the people’s governments of the cities or counties concerned, and the plans shall be submitted to the State Council for approval after being examined by the people’s governments of the related provinces, autonomous regions and municipalities directly under the Central Government.
The plans for prevention and control of water pollution of the basins of the rivers and lakes that run across counties in provinces, autonomous regions, or municipalities directly under the Central Government shall, on the basis of the plans for prevention and control of water pollution of the basins of major rivers and lakes, which are designated as such by the State, and in light of the actual local conditions, be formulated by the competent environment protection departments of the people’s governments of provinces, autonomous regions, or municipalities directly under the Central Government, in conjunction with the water administration departments at the same level and other departments, and shall be submitted to the State Council for the record upon approval by the said people’s governments.
The plans for prevention and control of water pollution, once approved, shall serve as the essential basis for prevention and control of water pollution, and any modification of such plans shall be subject to approval by the original departments that approved the plans.
Local people’s governments at or above the county level shall, in accordance with the plans for prevention and control of water pollution of the basins of the rivers and lakes, which are approved pursuant to law, organize formulation of the plans for prevention and control of water pollution in their own administrative areas.
Article 16 When developing, utilizing, regulating and allocating water resources, the relevant departments of the State Council and the local people’s governments at or above the county level shall make overall plans with due consideration for all concerned, in order to maintain rational flow of rivers, and rational water levels of lakes, reservoirs and ground water bodies, and in order to preserve the ecological functions of the water bodies.
Chapter III
Supervision in Respect of Prevention and Control of Water Pollution
Article 17 For projects to be built, rebuilt or expanded that directly or indirectly discharge pollutants into water bodies and other installations to be put up on water, their impact on the environment shall be assessed according to law.
The units that intend to construct, reconstruct or expand outlets for pollutant discharge along rivers or lakes shall seek approval of the competent water administration departments or basin authorities. Where navigation and fishery waters are involved, the competent environment protection departments shall, when reviewing the assessment documents about their impact on the environment before giving approval, seek the opinions of the competent communications and fishery departments.
The installations for prevention and control of water pollution shall be designed, constructed and put to use simultaneously with the main part of a construction project. Such installations shall be subject to acceptance check by the competent environment protection department. Unless such check is passed, the project shall not be put into production or to use.
Article 18 The State shall institute a control system for the total discharge of major water pollutants.
The people’s governments of provinces, autonomous regions and municipalities directly under the Central Government shall, according to the regulations of the State Council, cut down and control the total discharge of major water pollutants within their own administrative areas, and split up the total control quantities of the major water pollutants discharged among the people’s governments of cities and counties. The latter shall, in compliance with the requirements for control on the total quantities of the major water pollutants discharged in their own administrative areas, further split up such quantities among the pollutant discharging units. The specific measures and implementation procedures shall be formulated by the State Council.
The people’s governments of provinces, autonomous regions and municipalities directly under the Central Government may, in light of the water environment quality in their own administrative areas and the need for prevention and control of water pollution, decide on the major water pollutants the total discharge of which shall be cut down and controlled in their own administrative areas.
In areas where the total control quantities of the major water pollutants discharged are exceeded, the competent environment protection departments of the people’s governments concerned shall suspend the reviewing of the environmental impact assessment documents in respect of the construction projects that will add to the total quantities of the major water pollutants discharged.
Article 19 The competent environment protection department of the State Council shall make public the provinces, autonomous regions and municipalities directly under the Central Government that fail to keep under control the total quantities of the major water pollutants discharged as required. The said departments shall make public the cities and counties that fail to keep under control the total quantities of the major water pollutants discharged as required.
The competent environment protection departments of the people’s governments at or above the county level shall make public the enterprises that, in violation of the provisions of this Law, seriously pollute the water environment.
Article 20 The State shall institute a permit system for pollutant discharge. Enterprises and public institutions that directly or indirectly discharge into water bodies industrial waste water, medical sewage or other waste water and sewage, for which pollutant discharge permits are required according to regulations shall apply for issuance of such permits. The units operating the facilities for concentrated treatment of urban sewage shall also apply for issuance of the same. The specific measures and implementation procedures in respect of pollutant discharge permits shall be formulated by the State Council.
Enterprises and public institutions that do not have pollutant discharge permits are prohibited from discharging waste water or sewage mentioned in the preceding paragraph into water bodies, and the ones that have such permits are prohibited from doing so in violation of the provisions of the permits.
Article 21 The enterprises, public institutions and self-employed industrial and commercial households that directly or indirectly discharge pollutants into water bodies shall, pursuant to the regulations of the competent environment protection department of the State Council, apply to the competent environment protection departments of the local people’s governments at or above county level for registration of their existing facilities for discharging and treating water pollutants, and the categories, quantities and concentrations of the water pollutants discharged under normal operations, and also provide to the departments technical data concerning prevention and control of water pollution.
The enterprises, public institutions and self-employed industrial and commercial households that intend to make substantial changes in the categories, quantities or concentrations of the water pollutants discharged shall apply for registration without delay. They shall keep their facilities for water pollutant treatment in normal operation. Before dismantling or leaving idle such facilities, they shall apply to the competent environment protection departments of the local people’s governments at or above the county level for approval.
Article 22 The enterprises, public institutions and self-employed industrial and commercial households that discharge pollutants into water bodies shall, pursuant to laws, administrative regulations and the regulations of the competent environment protection department of the State Council, install discharge outlets. The ones that intend to install such outlets along rivers or lakes shall, in addition, comply with the regulations of the competent water administration department of the State Council.
Discharging water pollutants through secret drainage pipes or by other means to evade supervision is prohibited.
Article 23 Units discharging major pollutants shall install equipment for automatic monitoring of the water pollutants discharged, have such equipment networked with the monitoring equipment of the competent environment protection departments, and ensure normal operation of the same. Enterprises that discharge industrial waste water shall have such waste water monitored and preserve the original monitoring records. The specific measures in this regard shall be formulated by competent environment protection department of the State Council.
The namelist of the units discharging major pollutants that are required to install equipment for automatic monitoring of the water pollutants discharged shall be decided on by the competent environment protection department of the local people’s government at or above the level of the city divided into districts, in conformity with the environmental capacity, the required total control quantities of the major water pollutants discharged, as well as the categories, quantities, and concentrations of the water pollutants discharged by the units, and other factors in their own administrative areas, and after consulting with the relevant departments at the same level.
Article 24 The enterprises, public institutions, and self-employed industrial and commercial households that discharge pollutants directly into water bodies shall pay pollutant discharge fees in accordance with the categories and quantities of the water pollutants discharged as well as the rates for pollutant discharge.
Pollutant discharge fees shall be used for prevention and control of water pollution and shall not be used for any other purposes. Article 25 The State shall establish a system for monitoring water environment quality and water pollutant discharge. The competent environment protection department of the State Council shall be in charge of drawing up the specifications for water environment monitoring, releasing information about the state of the water environment nationwide in a unified manner, and organizing a monitoring network in conjunction with the water administration department of the State Council and other related departments.
Article 26 The working offices for protection of the water resources along the basins of the major rivers and lakes, determined as such by the State, shall be responsible for monitoring the water environment quality of the water bodies of the basins along the boundaries of the provinces where they are located and shall, in a timely manner, submit the monitoring findings to the competent environment protection department and water administration department of the State Council. Where there are leading bodies for protection of the water resources of basins set up upon approval by the State Council, the monitoring findings shall, likewise, be submitted to them.
Article 27 The competent environment protection departments and the other departments exercising the power of supervision according to the provisions of this Law shall have the power to conduct on-site inspection of the pollutant discharging units under their jurisdiction, and the units under inspection shall give truthful information and provide the necessary data. The inspection authority shall have the obligation to keep confidential the commercial secrets of the units it comes to know in the course of inspection.
Article 28 Disputes over water pollution involving two or more administrative areas shall be settled through consultation by the local people’s governments concerned, or through meditation by the people’s government at a higher level governing the said local governments.
Chapter IV
Measures for Prevention and Control of Water Pollution
Section 1
General Stipulations
Article 29 Discharging of oils, acid or alkaline solutions or deadly toxic liquid waste into any water bodies is prohibited.
Cleansing of vehicles or containers, which have been used for storing oils or toxic pollutants, in any water body is prohibited.
Article 30 Discharging or dumping of radioactive solid waste or waste water containing any high- or medium-level radioactive substances into any water body is prohibited.
Discharging of waste water containing low-level radioactive substances into any water body shall conform to the relevant State regulations and standards governing prevention and control of radioactive pollution.
Article 31 Where heated waste water is to be discharged into any water body, measures shall be taken to ensure that the temperature of the water body conforms to the standards for water environment quality.
Article 32 Pathogen-containing sewage shall not be discharged until it is disinfected and meets the relevant standards of the State.
Article 33 Discharging or dumping of industrial slag, urban refuse or other waste into any water body is prohibited.
Discharging or dumping into any water body or directly burying underground of deadly toxic soluble slag containing such substances as mercury, cadmium, arsenic, chromium, lead, cyanide and yellow phosphorous is prohibited.
Waterproof, anti-seepage, anti-leakage and anti-erosion measures shall be taken at the sites where deadly toxic soluble slag is stored.
Article 34 Piling or depositing of solid waste and other pollutants on floodland or bank slopes which are below the highest water level of rivers, lakes, canals, irrigation channels or reservoirs is prohibited.
Article 35 Discharging or dumping of waste water containing toxic pollutants, pathogen-containing sewage or other waste into seeping wells or pits, crevices or limestone caves is prohibited.
Article 36 Using of ditches, pits or ponds devoid of safeguards against seepage or leakage for conveying or storing waste water containing toxic pollutants, sewage containing pathogens, or other waste is prohibited.
Article 37 With regard to multiple aquifers, layered exploitation shall be resorted to if the water quality differs greatly from one aquifer to another. No combined exploitation of paretic water or artesian water already polluted shall be permitted.
Article 38 For construction of underground engineering facilities or conducting of underground prospecting or mining, protective measures shall be taken to prevent ground water from being polluted.
Article 39 Manual recharge for ground water shall not deteriorate the quality of ground water.
Section 2
Prevention and Control of Industrial Water Pollution
Article 40 The relevant departments of the State Council and the local people’s governments at or above the county level shall make rational plans for geological distribution of industries, require the enterprises that cause water pollution to carry out technological reform and adopt comprehensive prevention and control measures, in order to increase the reuse rate of water, and reduce the quantities of waste water and pollutants discharged.
Article 41 The State shall institute a system for phasing out outdated techniques and equipment which seriously pollute the water environment.
The comprehensive and macro-economic regulation department of the State Council shall, in conjunction with the relevant departments of the State Council, publish the list of the techniques which seriously pollute the water environment and the use of which is prohibited by a prescribed deadline, as well as the list of the equipment which seriously pollute the water environment and the manufacture, sale, import and use of which is likewise prohibited.
Manufacturers, sellers, importers and users shall, before the expiration of the prescribed deadline, cease manufacturing, selling, importing or using the equipment included in the list of the equipment mentioned in the preceding paragraph. Users of the techniques shall, before the expiration of the prescribed deadline, cease using the techniques included in the list mentioned in the preceding paragraph.
The equipment to be phased out according to the provisions of the second and third paragraphs shall not be transferred to another person for use.
Article 42 The State shall prohibit the construction of any new production projects that fail to comply with the industrial policies of the State, such as small enterprises of paper making, tanneries, printing and dyeing, dyestuff, coking, sulfur, arsenic, oil refining, electroplating, pesticides, asbestos, cement, glass, and iron and steel, and thermal power stations and other such projects that seriously pollute the water environment.
Article 43 Enterprises shall employ clean production techniques that facilitate high utilization efficiency of raw and semi-finished materials and discharge of small quantities of pollutants, and tighten control to reduce the generation of water pollutants.
Section 3
Prevention and Control of Water Pollution in Cities and Towns
Article 44 Urban sewage shall be treated in a concentrated way.
Local people’s governments at or above the county level shall use financial budgets and raise funds through other channels, make overall arrangements for the installment of facilities and supporting pipelines for concentrated treatment of urban sewage, in order to increase the rate of collection and treatment of urban sewage in their own administrative areas.
The competent construction department of the State Council shall, in conjunction with the comprehensive macro-economic regulation department and the competent environment protection department of the State Council organize efforts to formulate a national plan for the installment of urban sewage treatment facilities according to the urban and rural development plan and the plan for prevention and control of water pollution. Local people’s governments at or above the county level shall organize their departments for construction, comprehensive and macro-economic regulation, environment protection, and water administration to formulate plans for installment of facilities for treatment of urban sewage within their own administrative areas. The competent construction departments of local people’s governments at or above the county level shall, in accordance with the plan for installment of facilities for treatment of urban sewage, organize the installment of the facilities and supporting pipelines for concentrated treatment of such sewage, and tighten supervision over the operation of such facilities.
The units operating the facilities for concentrated treatment of urban sewage shall, according to State regulations, provide paid services in respect of sewage treatment for pollutant discharging units, and shall collect sewage treatment fees and ensure normal operation of the facilities. The units discharging sewage to the facilities for concentrated treatment of urban sewage and paying fees for such treatment shall be exempted from paying pollutant discharge fees. The fees collected for sewage treatment shall be used for installment and operation of the facilities for concentrated treatment of urban sewage and shall not be used for other purposes.
The specific measures for collection, management and use of the fees for the facilities for concentrated treatment of urban sewage shall be formulated by the State Council.
Article 45 The units that discharge water pollutants into the facilities for concentrated treatment of urban sewage shall comply with the national or local standards for the discharge of water pollutants.
Where the quality of water discharged from the facilities for concentrated treatment of urban sewage meets the national or local standards for the discharge of water pollutants discharge, pollutant discharge fees may be exempted pursuant to relevant State regulations.
The units operating the facilities for concentrated treatment of urban sewage shall be responsible for the quality of the water discharged from such facilities.
The competent environment protection departments shall conduct supervision and inspection in respect of the quality and quantity of the water discharged from the facilities for concentrated treatment of urban sewage.
Article 46 For construction of landfills for domestic garbage, measures against seepage, leakage, etc. shall be taken to prevent water pollution.
Section 4
Prevention and Control of Water Pollution in Agriculture and the Rural Areas
Article 47 Pesticides shall be applied in compliance with the national regulations and standards for safe use of pesticides.
Transportation and storage of pesticides and disposition of expired or ineffective pesticides shall be kept under strict control to prevent water pollution.
Article 48 The competent agricultural department and other departments concerned of the local people’s governments at or above the county level shall take measures to give guidance to agricultural producers in scientific and rational application of chemical fertilizers and pesticides, in order to prevent their excessive use and water pollution.
Article 49 The State shall support the installment of facilities for multi-purpose use or innocent treatment of livestock and poultry feces and waste water at livestock and poultry breeding farms and plots.
The livestock and poultry breeding farms and plots shall guarantee normal operation of the facilities for multi-purpose use or innocent treatment of livestock and poultry feces and waste water and ensure that the sewage discharged meets the standards, in order to prevent pollution of the water environment.
Article 50 People engaged in aquaculture shall protect the ecological environment of the water areas, determine the scientific density of cultivation in a scientific way, and cast feed and apply medication in a rational way, in order to prevent pollution of the water environment.
Article 51 Where industrial waste water or urban sewage is discharged into farmland irrigation channels, attention shall be paid to ensure that the water quality at the nearest irrigation intake downstream meets the standards for the quality of water for farmland irrigation.
When industrial waste water or urban sewage is used for irrigation, measures shall be taken to prevent pollution of the soil, ground water and farm produce.
Section 5
Prevention and Control of Water Pollution Caused by vessels
Article 52 The oil-bearing waste water or domestic sewage discharged from vessels shall comply with the standards for pollutants discharged by vessels. Ocean-going vessels that enter inland rivers or ports shall meet the standards for pollutants discharged by inland river vessels.
Residual oil or waste oil of vessels shall be recovered, and its discharge into any water body is prohibited.
Dumping of vessel refuse into any water body is prohibited.
Where a vessel is loaded with or transports oils or toxic cargoes, measures shall be taken to avoid any spillage, sewage or leakage of the same and to prevent the cargoes from falling into water, in order to prevent water pollution.
Article 53 Vessels shall, pursuant to relevant State regulations, be installed with anti-pollution equipment and apparatus and possess the legal and valid certificates and documentation for prevention of pollution of the environment of the waters.
When the operation of a vessel involves the discharge of pollutants, the operator shall strictly follow the operational procedures and record the same truthfully in the logbook.
Article 54 Ports, harbors, load and unload stations and shipyards shall be equipped with sufficient facilities for collecting vessel pollutants and waste. The units engaged in collection of vessel pollutants and waste or the cleansing of cabins that carry oils or cargoes which cause pollution hazards shall possess the collection and treatment capacities commensurate with their scales of operation.
Article 55 When one of the following operations is to be conducted with respect to a vessel, a program for such operation shall be formulated and effective measures for safety and prevention of pollution shall be taken, which shall be submitted for approval to the maritime authority located in the place where the operation is to be carried out:
(1) collecting residue oils, oil-bearing sewage, and residue from the cargoes that cause pollution hazards, or cleansing cabins that carry oils or the said cargoes;
(2) transferring to another vessel bulk liquids that cause pollution hazards; or
(3) dismantling or salvaging vessels on water or conducting other vessel construction activities on or under water;
For dismantling of a fishing boat in the water area of a fishing harbor, the matter shall be subject to approval by the competent fishery department in the place where the operation is to be carried out.
Chapter V
Protection of Drinking Water Sources and Other Special Water Bodies
Article 56 The State shall establish a system of reserves for drinking water sources. Such reserves shall be divided into Grade I and Grade II reserves. Where necessary, certain areas on the peripheries of the drinking water source reserves may be delineated as quasi-reserves.
Plans for delineation of drinking water source reserves shall be prepared by the people’s governments of the cities or countries concerned, subject to approval by the people’s governments of provinces, autonomous regions or municipalities directly under the Central Government. The plan for delineation of drinking water source reserves involving two or more cities or counties shall be prepared through consultation by the people’s governments of the cities or countries concerned, and be submitted to the people’s government of the province, autonomous region or municipality directly under the Central Government for approval. If consultation fails, the competent environment protection department of the people’s government of the province, autonomous region or municipality directly under the Central Government shall, in conjunction with the water administration department, land resources department, public health department, and construction department at the same level, prepare such a plan, and after soliciting the opinions from the relevant departments at the same level, submit the same to the people’s government of the province, autonomous region or municipality directly under the Central Government for approval.
Drinking water source reserves involving two or more provinces, autonomous regions or municipalities directly under the Central Government shall be delineated by the relevant people’s governments of the provinces, autonomous regions or municipalities directly under the Central Government, through consultation with the basin authorities concerned. If consultation fails, the competent environment protection department of the State Council shall, in conjunction with the water administration department, land resources department, public health department and construction department at the same level, prepare a plan for such delineation and, after soliciting the opinions from the relevant departments under the State Council, submit the same to the State Council for approval.
The State Council and the people’s governments of the provinces, autonomous regions or municipalities directly under the Central Government may, in light of the actual need for protection of drinking water sources, adjust the scope of the drinking water source reserves to ensure safety of drinking water. The local people’s governments shall set up clear geological demarcations and noticeable warning signs at the boundary of the reserves.
Article 57 Installing of pollutant discharge outlets in drinking water source reserves is prohibited.
Article 58 Constructing, rebuilding or expanding within Grade I drinking water source reserves of any projects that have nothing to do with water supply facilities or protection of water sources is prohibited. Such projects already constructed, rebuilt or expanded shall be dismantled or closed by order of the people’s governments at or above the county level.
Net or cage aquaculture, touring, swimming, fishing or other activities that may cause pollution to the water bodies within Grade I drinking water source is prohibited.
Article 59 Constructing, rebuilding or expanding within Grade II drinking water source reserves of any pollutant-discharge projects is prohibited. Such projects already constructed, rebuilt or expanded shall be dismantled or closed by order of the people’s governments at or above the county level.
People engaged in net or cage aquaculture, tourism or other activities in Grade II drinking water source reserves shall take measures according to regulations to prevent pollution of the water bodies of drinking water.
Article 60 Constructing or expanding projects that seriously pollute the water bodies in the quasi-reserves for drinking water sources is prohibited. The quantity of the pollutants discharged shall not be increased where such projects are rebuilt.
Article 61 Local people’s governments at or above the county level shall, in light of the actual need for protection of drinking water sources, take engineering measures or ecological conservation measures, such as creating wetlands and planting forests for conservation of water resources in quasi-reserves, in order to prevent water pollutants from being discharged directly into the water bodies of drinking water and ensure safety of such water.
Article 62 Where polluted drinking water sources may threaten the safety of water to be supplied, the competent environment protection departments shall order the enterprises or public institutions concerned to take measures to stop or reduce the discharge of water pollutants.
Article 63 The State Council and the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government may, in light of the need for protection of the water environment, lay down regulations requiring that measures be taken to prohibit or restrict the use of phosphorus-containing detergents, chemical fertilizers and pesticides, or to restrict planting and aquaculture in drinking water source reserves.
Article 64 Local people’s governments at or above the county level may delineate reserves for water bodies in scenic spots or historic sites, major fishing water bodies and other water bodies of special economic or cultural value, and take measures to ensure that the water quality in those reserves meet the standards for the quality of the water environment designed for specified purposes of use.
Article 65 No new sewage outlets shall be constructed in the reserves for water bodies in scenic spots or historic sites, major fishing waters and other water bodies of special economic and cultural value. Where such outlets need to be constructed near the reserves, measures shall be taken to ensure that the water bodies are not subject to pollution.
Chapter VI
Response to Water Pollution Accidents
Article 66 People’s governments at all levels and their departments concerned, and enterprises and public institutions where water pollution accidents may occur, shall, pursuant to the provisions of the Emergency Response Law of the People’s Republic of China, do a good job of preparedness, emergency response and post-emergency rehabilitation in the event of water pollution accidents.
Article 67 Enterprises and public institutions where water pollution accidents may occur shall formulate programs for emergency response to such accidents, make good preparations in response to such accidents and conduct regular drills in this respect.
The enterprises and public institutions that produce or store hazardous chemicals shall take measures to prevent the fire-fighting waste water and liquids from being discharged directly into water bodies, which are disposed of in the course of handling the accidents endangering production safety and which may seriously pollute the water bodies.
Article 68 An enterprise or public institution where an accident occurs or other unforeseen emergency arises, which causes or may likely cause water pollution accidents, shall immediately launch its emergency response plan, take emergency response measures, and report the matter to the local people’s government or the competent environment protection department at or above the county level in the place where the accident occurs. Upon receiving the report, the competent environment protection department shall report to the people’s government at the same level without delay and send a copy of the report to the other departments concerned.
Where a unit or individual that causes a fishery pollution accident or a water pollution accident is caused by a fishing boat, the matter shall be reported to the competent fishery department in the place where the accident occurs, pending investigation and handling. Where a water pollution accident is caused by other vessels, the matter shall be reported to the maritime authority in the place where the accident occurs, pending investigation and handling. Where damage is done to fishery, the maritime authority shall notify the competent fishery department of the matter, which will take part in investigation and handling.
Chapter VII
Legal Liability
Article 69 Where the competent environment protection department or the department exercising the power of supervision according to the provisions of this Law, fails to grant administrative permission or issue approval documents according to law, or fails to investigate and punish violations of law after discovering such violations or upon receipt of reports on such violations, or fails to perform other duties according to the provisions of this Law, the principal leading person directly in charge and the other persons directly responsible shall be given sanctions according to law.
Article 70 Where a unit or individual refuses supervision and inspection conducted by the competent environment protection department or by another department exercising the power of supervision according to the provisions of this Law, or resorts to deception while being under supervision and inspection, the competent environment protection department of people’s government at or above the county level or another department exercising the power of supervision according to the provisions of this Law shall order it to rectify and impose on it /him a fine of not less than RMB 10,000 yuan but not more than 100,000 yuan.
Article 71 Where, in violation of the provisions of this Law, the main part of a construction project is put into production or to use before construction of the facilities for prevention and control of water pollution is completed, or before the facilities are checked for acceptance or pass such check after construction, the competent environment protection department of people’s government at or above the county level shall order the violator to suspend production or use until the facilities pass the check, and impose on it a fine of not less than 50,000 yuan but not more than 500,000 yuan.
Article 72 Where a unit or individual, in violation of the provisions of this Law, commits one of the following acts, the competent environment protection department of the people’s government at or above the county level shall order it or him to rectify within a time limit; if it or him fails to comply on the expiration of the time limit, it or he shall be fined not less than 10,000 yuan but not more than 100,000 yuan:
(1) refusing to report or submitting a false report on the items for which an application for registration of the water pollutants to be discharged is required by the competent environment protection department of the State Council;
(2) failing to install automatic monitoring equipment for discharge of water pollutants or, if installed, failing to have such equipment networked with the monitoring equipment of the competent environment protection department and to ensure its normal operation, as is required by relevant regulations; or
(3) failing to monitor the industrial waste water discharged and keep the original monitoring records, as is required by relevant regulations.
Article 73 Where an enterprise, public institution or self-employed industrial and commercial household, in violation of the provisions of this Law, fails to use the water pollutant treatment facilities in a normal manner, or dismantles such facilities or leaves them idle without approval of the competent environment protection department, the competent environment protection department of the people’s government at or above the county level shall order it to put it right within a time limit and impose on it a fine of not less than the amount of the pollutant discharge fees payable, but not more than three times that amount.
Article 74 Where a unit, in violation of the provisions of this Law, discharges water pollutants in excess of the national or local limits set on the discharge of water pollutants or its portion of the total control quantities of the major water pollutants discharged, the competent environment protection department of people’s government at or above the county level shall, in compliance with the limits of its power, order the unit to rectify within a time limit and impose on it a fine of not less than twice the amount of the pollutant discharge fees payable but not more than five times that amount.
During the period of the unit’s rectification, the competent environment protection department shall order the unit to restrict its production, or discharge of pollutants, or suspend production for rectification. The maximum rectification period shall not exceed one year. If the unit fails to complete the rectification on the expiration of the time limit, the said department shall order the unit to close down, upon approval by the people’s government vested with the power of approval.
Article 75 Where a unit installs pollutant discharge outlets in a drinking water source reserve, the local people’s government at or above the county level shall order it to dismantle the outlets within a time limit and impose on it a fine of not less than 100,000 yuan but not more than 500,000 yuan. If the unit fails to comply on the expiration of the time limit, the outlets shall be dismantled compulsorily, and the expenses entailed shall be borne by the violator, and a fine of not less than 500,000 yuan but not more than 1,000,000 yuan shall be imposed on it and, in addition, it may be ordered to suspend production for rectification.
Apart from the provisions of the preceding paragraph, if a unit, in violation of laws, administrative regulations or the regulations of the competent environment protection department of the State Council, installs pollutant discharge outlets or lays secret drainage pipes without approval, the competent environment protection department of the local people’s government at or above the county level shall order it to dismantle them within a time limit and impose on it a fine of not less than 20,000 yuan but not more than 100,000 yuan. If the unit fails to comply on the expiration of the time limit, the outlets or pipes shall be dismantled compulsorily and the expenses entailed shall be borne by the violator, and a fine of not less than 100,000 yuan but not more than 500,000 yuan shall be imposed on it. If the unit lays secret drainage pipes without approval or if there are other serious circumstances, the competent environment protection department of the local people’s government at or above the county level may propose to a local people’s government at or above the county level to order it to suspend production for rectification.
Where a unit constructs, rebuilds, or expands pollutant discharge outlets along rivers or lakes without approval of the water administration department or basin authority, the competent water administration department of the people’s government at or above the county level or the basin authority shall, in compliance with their functions and powers, take measures and impose on it a punishment pursuant to the provisions of the preceding paragraph.
Article 76 Where a unit commits one of the following acts, the competent environment protection department of the local people’s government at or above the county level shall order it to cease and desist from the violation and to take control measures within a time limit to eliminate the pollution, and shall impose on it a fine. If the unit fails to take the said measures on the expiration of the time limit, the said department may designate another unit capable of putting such pollution under control to do the job instead, and the expenses entailed shall be borne by the violator:
(1) discharging oils, acid or alkaline solutions into a water body;
(2) discharging deadly toxic liquid waste into a water body, or discharging or dumping into a water body or directly burying deadly toxic soluble slag containing such substances as mercury, cadmium, arsenic, chromium, lead, cyanide and yellow phosphorous;
(3) cleansing in a water body vehicles or containers which have been used for storage of oils or toxic pollutants;
(4) discharging or dumping industrial slag, urban refuse or other wastes into a water body, or piling or storing solid waste or other pollutants on tidal flats or bank slopes below the highest water level of rivers, lakes, canals, irrigation channels or reservoirs;
(5) discharging or dumping into a water body radioactive solid waste or waste water containing high- or medium-level radioactive substances;
(6) in violation of the regulations or standards of the State, discharging into a water body waste water containing low-level radioactive substances, heated waste water, or pathogen-containing sewage;
(7) discharging or dumping waste water containing toxic pollutants, or sewage containing pathogens or other waste into seeping wells or pits, crevices or caves; or
(8) using ditches, pits or ponds devoid of safeguards against seepage to convey or store waste water containing toxic pollutants, or sewage containing pathogens, or other waste.
If the unit commits one of the acts specified in Subparagraphs (3) and (6) of the preceding paragraph, it shall be fined not less than 10,000 yuan but not more than 100,000 yuan; if it commits one of the acts specified in Subparagraphs (1), (4) and (8) of the preceding paragraph, it shall be fined not less than 20,000 yuan but not more than 200,000 yuan; and if it commits one of the acts specified in the Subparagraphs (2), (5) and (7) of the preceding paragraph, it shall be fined not less than 50,000 yuan but not more than 500,000 yuan.
Article 77 Where a unit, in violation of the provisions of this Law, manufactures, sells, imports, or uses the equipment included in the list of equipment that seriously pollutes the water environment and is prohibited from being manufactured, sold, imported or used, or employs the techniques included in the list of techniques that seriously pollute the water environment and are prohibited from being employed, the comprehensive and macro-economic regulation department of the people’s government at or above the county level shall order it to rectify and impose on it a fine of not less than 50,000 yuan but not more than 200,000 yuan. If the circumstances are serious, the said department shall submit a proposal to the people’s government to order the unit to suspend operation or close.
Article 78 Where a unit, in violation of the provisions of this Law, constructs small production projects at variance with the industrial policies of the State, such as ones for paper-making, tanneries, printing and dyeing, dyestuff, coking, sulfur production, arsenic production, mercury production, oil refining, electroplating, pesticides, asbestos, cement, glass, iron and steel production, and thermal power plants, and other production projects that seriously pollute the water environment, the people’s government of the city or county in the place where the project is located shall order it to close down.
Article 79 Where a vessel is not provided with the appropriate equipment and apparatus for pollution prevention, nor does it possess any legal and valid certificate and documentation for preventing pollution of the water environment, the maritime authority and the competent fishery department shall, incompliance with the division of their duties, order it to rectify within a time limit and impose on it a fine of not less than 2,000 yuan but not more than 20,000 yuan. If it fails to comply on the expiration of the time limit, it shall be ordered to suspend voyage.
Where a vessel operates to discharge pollutants but fails to follow the operation procedures or record the operation truthfully in the logbook, the maritime authority and the competent fishery department shall, in compliance with the division of their duties, order it to rectify within a time limit and shall impose on it a fine of not less than 2,000 yuan but not more than 20,000 yuan.
Article 80 Where a unit, in violation of the provisions of this Law, commits one of the following acts, the maritime authority and the competent fishery department shall, in compliance with the division of their duties, order it to cease and desist from the violation and shall impose a fine on it. If water pollution is caused, the said authority and department shall order it to take treatment measures to eliminate the pollution within a time limit. If the unit fails to comply on the expiration of the time limit, the authority and department shall, in compliance with the division of their duties, designate another unit capable of treating such pollution to do the job instead, and the expenses entailed shall be borne by the violator:
(1) dumping vessel refuse or discharging residual oil or waste oil into a water body;
(2) without approval of the maritime authority in the place where the operation is carried out, receiving residual oil, oil-containing sewage, or residue from cargoes with pollutant hazards, or cleansing cabins that carry oils or cargoes with pollutant hazards, or having ship-to-ship transfer of bulk cargoes of liquids with pollutant hazards;
(3) without approval of the maritime authority in the place where the operation is carried out, dismantling or salvaging vessels on water or conducting other vessel building activities on or under water; or
(4) without approval of the competent fishery department in the place where the operation is carried out, dismantling fishing boats on water in fishing harbors.
If a unit commits one of the acts specified in Subparagraphs (1), (2) and (4) of the preceding paragraph, it shall be fined not less than 5,000 yuan but not more than 50,000 yuan. If it commits the act specified in Subparagraph (3) of the preceding paragraph, it shall be fined not less than 10,000 yuan but not more than 100,000 yuan.
Article 81 Where a unit commits one of the following acts, the competent environment protection department of the local people’s government at or above the county level shall order it to cease and desist from the violation and shall impose on it a fine of not less than 100,000 yuan but not more than 500,000 yuan, and the department shall, upon approval by the people’s government vested with the power of approval, order it to dismantle or close the project:
(1) constructing, rebuilding or expanding within a Grade I drinking water source reserve a project having nothing to do with water supply facilities or protection of water sources;
(2) constructing, rebuilding or expanding within a Grade II drinking water source reserve a project for discharging pollutants; or
(3) constructing or expanding a project that seriously pollutes a water body within a quasi-reserve for drinking water sources, or rebuilding a project for increasing the quantity of the pollutants discharged.
If a unit conducts cage or net aquaculture or organizes touring, fishing or other activities that may cause pollution to the water body of drinking water within a Grade I drinking water source reserve, the competent environment protection department of the local people’s government at or above the county level shall order it to cease and desist from the violation and shall impose on it a fine of not less than 20,000 yuan but not more than 100,000 yuan. If an individual swims, fishes, or conducts other activities that may cause pollution to the water body of drinking water within the same, the said department shall order him to cease and desist from the violation and may impose on him a fine of not more than 500 yuan.
Article 82 Where an enterprise or public institution commits one of the following acts, the competent environment protection department of the people’s government at or above the county level shall order it to rectify. If the circumstances are serious, it shall be fined not less than 20,000 yuan but not more than 100,000 yuan:
(1) failing to formulate a plan for emergency response to water pollution accidents, as required by relevant regulations; or
(2) failing to launch the emergency response plan for water pollution accidents in a timely manner or to take emergency response measures after such an accident occurs.
Article 83 Where an enterprise or public institution, in violation of the provisions of this Law, causes a water pollution accident, the competent environment protection department of the people’s government at or above the county level shall, pursuant to the provisions of the second paragraph of this Article, impose on it a fine, order it to take treatment measures and eliminate the pollution within a time limit. If it fails to comply or does not have the capability to treat the pollution, the competent environment protection department shall designate a unit having such capability to do the job instead, and the expenses entailed shall be borne by the violator. If the enterprise or public institution causes a major or especially serious water pollution accident, the said department may, upon approval by the people’s government vested with the power of approval, order it to close down, and may impose on the principal leading person directly in charge and the other persons directly responsible for the violation a fine of not more than 50 percent of the income received from the enterprise or public institution during the previous year.
If an enterprise or public institution causes an ordinary or relatively serious water pollution accident, it shall be fined the amount of 20 percent of the direct loss caused by the accident. If it causes a major or especially serious water pollution accident, it shall be fined the amount of 30 percent of the direct loss caused by the accident.
If a fishery pollution accident is caused or a water pollution accident is caused by a fishing boat, it shall be up to the competent fishery department to mete out a punishment. If a water pollution accident is caused by any other kind of vessel, it shall be up to the maritime authority to do so.
Article 84 Where a party is not satisfied with the decision on administrative punishment, it may apply for administrative reconsideration or, within 15 days from the date it receives the notification of the decision, bring a suit before a people’s court; if it, on the expiration of the time limit, fails to apply for administrative reconsideration, bring a suit or comply with the decision on administrative punishment, the organ that makes the decision shall apply to the people’s court for compulsory enforcement.
Article 85 The party suffering from water pollution hazards shall have the right to require the unit or individual that discharges pollutants to eliminate the hazards and compensate for the losses caused.
Where water pollution hazards are caused by force majeure, the unit that discharges pollutants shall not be liable for compensation, unless otherwise provided for by law.
Where water pollution hazards are caused intentionally by the victim, the unit that discharges pollutants shall not be liable for compensation. If water pollution hazards are caused due to gross negligence on the part of the victim, the liability for compensation on the part of the unit that discharges pollutants may be commuted.
If water pollution hazards are caused by a third party, the unit that discharges pollutants shall have the right to recover the compensation from the third party after having assumed the liability for compensation.
Article 86 A dispute over the liability for compensation or over the amount of compensation caused by water pollution may, at the request of the parties, be settled through mediation by the competent environment protection department, or the maritime authority or the competent fishery department in compliance with the division of their duties. If mediation fails, the parties may bring a suit before a people’s court. And the parities may also bring a suit directly before a people’s court.
Article 87 With regard to a lawsuit on compensation for damages caused by water pollution, the unit that discharges pollutants shall bear the burden of proof on grounds of the legal exemption clauses and on the grounds that no cause and effect relation is found between its act and the damages done.
Article 88 Where the parties suffering from the water pollution hazards are large in number, they may choose their representatives to file a co-litigation in accordance with law.
The competent environment protection department and the relevant public organization may, according to law, support the parities suffering from the water pollution hazards in bringing a suit before a people’s court.
The State shall encourage the legal service agencies and lawyers to provide legal aid to the victims involved in a lawsuit over the water pollution hazards.
Article 89 For a dispute over the liability for compensation or over the amount of compensation caused by water pollution, the parties may entrust an environment monitoring agency to provide the monitoring data. The said agency shall accept the entrustment and provide truthful monitoring data.
Article 90 Where a unit or individual, in violation of the provisions of this Law, commits an act in violation of the administration of public security, it or he shall be punished for such violation according to law. If the violation constitutes a crime, its or his criminal liability shall be investigated for in accordance with law.
Chapter VIII
Supplementary Provisions
Article 91 For the purposes of this Law, the definitions of the following terms are:
(1) Water pollution means the introduction into a water body of any substance which leads to changes in the chemical, physical, biological or radioactive properties of the water body in such a way as to affect its effective use, endanger human health, damage the ecological environment or deteriorate the water quality.
(2) Water pollutants are substances which are discharged directly or indirectly into a water body and capable of causing pollution of the water body.
(3) Toxic pollutants are pollutants which, when directly or indirectly ingested by organisms, may leads to diseases, abnormal behavior, genetic mutation, physiological functional disturbance, organism deformity or death of the organisms themselves or their offspring.
(4) Fishery water bodies are those parts of the water bodies designated for spawning, feeding, wintering, or migratory passage of fish or shrimp, and for breeding fish, shrimp or shellfish, or growing algae.
Article 92 This Law shall go into effect as of June 1, 2008.