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中华人民共和国水污染防治法(一)

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中华人民共和国水污染防治法
LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON THE PREVENTION AND CONTROL OF WATER POLLUTION

(Adopted at the Fifth Meeting of the Standing Committee of the Sixth National People's Congress, promulgated by Order No.12 of the President of The People's Republic of China on May 11, 1984, and effective as of November 1, 1984) (Editor's Note: For the revised text, see the Decision of the Standing Committee of the National People's Congress Regarding the Revision of the Law of the People's Republic of China on the Prevention and Control of Water Pollution (Appendix: the first revision) promulgated on May 15, 1996 and effective as of the same date)
时效性:已被修正  颁布日期:19840511  实施日期:19841101  失效日期:19960515  颁布单位:全国人大常委会

  Contents

  Chapter I General Provisions

  Chapter II Establishment of Water Environment Quality Standards and Pollutant Discharge Standards

  Chapter III Supervision and Management of the Prevention and Control of Water Pollution

  Chapter IV Prevention of Surface Water Pollution

  Chapter V Prevention of Groundwater Pollution

  Chapter VI Legal Liability

  Chapter VII Supplementary Provisions

  Chapter I General Provisions

  Article 1 This Law is formulated for the purpose of preventing and controlling water pollution, protecting and improving the environment, safeguarding human health, ensuring the effective use of water resources and facilitating the development of socialist modernization.

  Article 2 This Law shall apply to the prevention and control of pollution of rivers, lakes, canals, irrigation channels, reservoirs and other surface water bodies and of groundwater within the territory of the People's Republic of China.

  This Law is not applicable to the prevention and control of marine pollution, which is provided for by a separate law.

  Article 3 Competent departments under the State Council and local people's governments at various levels shall incorporate the protection of the water environment into their plans and adopt ways and measures to prevent and control water pollution.

  Article 4 The environmental protection departments of the people's governments at all levels shall be the organs exercising unified supervision and management of the prevention and control of water pollution.

  Navigation administrative offices of transportation departments at various levels shall be the organs exercising supervision and management of pollution from ships.

  Water conservancy administration departments, public health administration departments, geological and mining departments, municipal administration departments and water sources protection agencies on major rivers of people's governments at various levels shall, through performing their respective functions and in conjunction with environmental protection departments, implement supervision and management of the prevention and control of water pollution.

  Article 5 All units and individuals shall have the duty to protect the water environment and the right to supervise any act that pollutes or damages the water environment and to inform against the polluter.

  Any unit or individual that has suffered losses directly from a water pollution hazard shall have the right to claim damages from and demand the elimination of the hazard by the polluter.

  Chapter II Establishment of Water Environment Quality Standards and Pollutant Discharge Standards

  Article 6 The environmental protection department of the State Council shall establish national water environment quality standards.

  The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may establish their own local, supplementary standards for those items not specified in the national water environment quality standards and report the same to the environmental protection department of the State Council for the record.

  Article 7 The environmental protection department of the State Council shall, in accordance with the national water environment quality standards and the country's economic and technological conditions, establish national pollutant discharge standards.

  Where the implementation of the national pollutant discharge standards cannot ensure the attainment of the water environment quality standards for local water bodies, the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may establish local pollutant discharge standards which are more stringent than the national standards and report the same to the environmental protection department of the State Council for the record.

  Those who discharge pollutants into any water body where local pollutant discharge standards have been established shall observe such local standards.

  Article 8 The environmental protection department t of the State Council and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall amend in due time their respective water environment quality standards and pollutant discharge standards in accordance with the requirements of water pollution prevention and control and with the country's economic and technological conditions.

  Chapter III Supervision and Management of the Prevention and Control of Water Pollution

  Article 9 Competent departments under the State Council and local people's governments at various levels shall, in the process of developing, utilizing, regulating and allocating water resources, make integrated plans for maintaining proper river flows, proper water levels of lakes and reservoirs and proper groundwater tables, in order to sustain the natural purification capacity of water bodies.

  Article 10 Competent departments under the State Council and local people's governments at carious levels shall incorporate into their plans of municipal construction the protection of urban water sources and the prevention and control of urban water pollution by constructing and perfecting municipal drainage systems and sewage treatment facilities.

  Article 11 Competent departments under the Stare Council and local people's governments at various levels shall make rational plans for the placement of industry, and see to it that enterprises causing water pollution are modified and technically renovated, adopting comprehensive prevention and control measures, raising the frequency of water reuse, utilizing resources rationally and reducing the quantity of waste water and pollutants discharged.

  Article 12 For domestic and drinking water sources, water bodies at scenic or historic sites, important fishery water bodies and other water bodies of special economic or cultural value, people's governments at or above the county level may delineate protected zones and take measures to ensure that the water quality in those protected zones complies with the standards for their designated uses.

  Article 13 New construction projects, extensions, or reconstruction projects which discharge pollutants into water bodies directly or indirectly and installations on water shall be subject to the state provisions concerning environmental protection for such projects.

  The environmental impact statement of a construction project shall assess the water pollution bazards the project is likely to produce and its impacts the ecosystem, with prevention and control measures provided therein; the statement shall be submitted, according to the specified procedure, to the environmental protection department concerned for review and approval. The setting up of sewage out falls within any water conservancy projects such as canals, irrigation channels and reservoirs shall be approved by the relevant department in change of water conservancy.

  When a construction project is to be put into operation or to use, its water pollution prevention and control facilities must be inspected by the environmental protection department; if the facilities do not conform to the specified requirements, the said project shall not be permitted to be put into operation or to use.

  Article 14 Enterprises and institutions that discharge pollutants directly or indirectly into a water body shall, pursuant to the provisions of the environmental protection department of the State Council, report to and register with their local environmental protection department their existing treatment and discharge facilities for pollutants and the categories, quantities and concentrations of pollutants discharged under their normal operating conditions and also submit to the same department the relevant technical information concerning the prevention and control of water pollution.

  Enterprises and institutions shall report in time if any substantial change occurs in the categories, quantities or concentrations of the pollutants discharged. When pollutant treatment facilities are to be dismantled or left idle, permission from the local environmental protection department must be obtained.

  Article 15 Enterprises and institutions discharging pollutants into a water body shall pay a discharge fee as provided for by the state. If the discharge of pollutants exceeds the limits set by national or local standards, they shall pay a fee for excess discharge according to state provisions and shall assume responsibility to eliminate and control the pollution.

  Article 16 If a unit discharging pollutants has caused severe pollution of a water body, it shall be ordered to eliminate and control the pollution within a certain period.

  For enterprises and institutions directly under the jurisdiction of the Central Government or the people's government of a province, autonomous region, or municipality directly under the Central Government, the determination of a deadline for elimination or control of pollution shall be recommended by the environmental protection department of the people's government of the province, autonomous region or municipality, and be reported to the people's government at the corresponding level for decision. For enterprises and institutions under the jurisdiction of a people's government at or below the city or county level, such recommendation shall be made by the environmental protection department of the people's government at the corresponding level for decision. The pollutant discharging units shall accomplish the elimination or control of pollution within the specified period.

  Article 17 In case of emergency, such as the severe pollution of a domestic and drinking water source which threatens safe water supply, the relevant environmental protection department shall, with the approval of the people's government at the corresponding level, take compulsory emergency measures, including ordering the enterprises or institutions concerned to reduce or stop the discharge of pollutants.

  Article 18 Environmental protection departments and relevant supervisory and management departments of people's governments at various levels shall be empowered to make on-site inspections of units under their jurisdiction that discharge pollutants. The units being inspected shall report the situation truthfully and provide the necessary information. The inspecting authorities shall have the obligation to keep the technological and trade secrets of the units inspected.

  Chapter IV Prevention of Surface Water Pollution

  Article 19 No new sewage out falls shall be set up in the protected zones for domestic and drinking water sources, water bodies at scenic or historic sites, important fishery water bodies and other water bodies of special economic or cultural value. When new sewage out falls are set up in the vicinity of such protected zones, the water bodies within those zones must be ensured against pollution.

  Measures for the elimination or control of pollution shall be taken for any sewage out fall which was established before the promulgation of this Law and which discharges pollutants in excess of the limits set by national or local standards. Out falls endangering drinking water sources shall be relocated.

  Article 20 Where any pollutant discharging unit, as a result of an accident or other exigency, discharges pollutants in excess of normal quantities, thereby causing or threatening to cause a water pollution accident, it shall immediately take emergency measures, inform such units as are likely to be endangered or damaged by the water pollution and report the case to the local environmental protection department. Ships that have caused any pollution accident shall report the case to the nearest navigation administration office for its investigation and disposal.

  Article 21 The discharge of any oil, acid or alkaline solutions or deadly toxic liquid waste into any water body shall be prohibited.

  Article 22 The washing in any water body of vehicles or containers which have been used for storing oil or to xicpollutant shall be prohibited.

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