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中华人民共和国水污染防治法(二)

2006-05-18 15:22   我要纠错 | 打印 | 收藏 | | |

  Article 23 The discharge or dumping into any water body, or the direct underground burying of deadly toxic soluble slag, tailings, etc., containing such substances as mercury, cadmium, arsenic, chromium, lead, cyanide and yellow phosphorus, is prohibited.

  Sites for depositing deadly toxic soluble slag, tailings, etc., shall be made waterproof and protected against see page and leaking.

  Article 24 The discharge or dumping of industrial waste residues, urban refuse or other wastes into any water body shall be prohibited.

  Article 25 The piling or depositing of solid wastes and other pollutants on beaches and bank slopes below the highest water level of rivers, lakes, canals, irrigation channels and reservoirs shall be prohibited.

  Article 26 The discharge or dumping of radioactive solid wastes or of waste water containing any high- or medium-level radioactive substances into any water body shall be prohibited.

  The discharge of waste water containing low-level radioactive substances shall comply with the relevant national provisions and standards for radioactive protection.

  Article 27 Where discharge of heated waste water into any water body is to be made, measures shall be taken to ensure that the temperature of the water body conforms to the water environment quality standards, so as to prevent any heat pollution hazard.

  Article 28 Pathogen-contaminated sewage can be discharged only after it is disinfected to meet the relevant national standards.

  Article 29 The discharge of industrial waste water or urban sewage into agricultural irrigation channels shall be made only with the assurance that the water quality at the nearest irrigation intake downstream conforms to the agricultural irrigation water quality standards.

  When industrial waste water or urban sewage is used for irrigation, attention shall be paid to guarding against pollution of the soil, groundwater or agricultural products.

  Article 30 The application of pesticides shall comply with the state provisions and standards for their safe use.

  Transportation and storage of pesticides and disposal of expired or ineffective pesticides shall be strictly controlled to prevent water pollution.

  Article 31 The discharge of oil-bearing waste water or domestic sewage from ships shall comply with ship pollutant discharge standards. Ocean navigating ships, on entering inland rivers or harbours, shall observe ship pollutant discharge standards for inland rivers.

  Residual oil or waste oil of ships must be recovered, and its discharge into any water body shall be prohibited.

  The dumping of ship refuse into any water body shall be prohibited.

  In the process of loading and transporting oils or toxic cragoes, ships must be safeguarded against spillage and leakage and against such cargoes falling into the water, so as to prevent water pollution therefrom.

  Chapter V Prevention of Groundwater Pollution

  Article 32 Enterprises and institutions shall be prohibited from discharging waste water containing toxic pollutants or pathogens or dumping other wastes into seepage wells, cesspools, crevices or karst caves.

  Article 33 At places where no satisfactory impervious strata exist, enterprises and institutions shall be prohibited from using ditches, pits or ponds which are without safeguards against seepage for conveyance or storage of wastewater containing toxic pollutants or pathogens, or of other wastes.

  Article 34 In exploiting groundwater from multiple aquifers, layered exploitation shall be resorted to if water quality differs greatly from one aquifer to another. Combined exploitation of artesian water and polluted phreatic water shall not be permitted.

  Article 35 While constructing underground engineering facilities or carrying out prospecting, mining or other underground activities, protective measures shall be taken for prevention of groundwater pollution.

  Article 36 Artificial recharge of groundwater shall not be deleterious to groundwater quality.

  Chapter VI Legal Liability

  Article 37 Any violator of this Law shall, according to the circumstances of the case, be warned or fined by the competent environmental protection department or the navigation office of the competent transportations department for any of the following:

  (1) refusing to report or submitting a false report on items for which registration is required by the environmental protection department of the State Council for the discharge of pollutants;

  (2) putting into operation or to use a construction project whose water pollution control facilities either have not been completed or fail to meet the requirements specified in state provisions for environmental protection management for construction projects;

  (3) refusing an on-site inspection by the competent environmental protection department or supervisory and management department, or resorting to deception;

  (4) storing, piling, abandoning, dumping or discharging any pollutant or waste in violation of Chapters IV and V of this Law; or

  (5) failing to pay, as provided for by the state, the fee for pollutant discharge or for excess discharge.

  The amount of the fine and the procedure for its imposition shall be stipulated in the rules for the implementation of this Law.

  Article 38 An enterprise or institution which has caused severe pollution to water bodies but has failed to accomplish its elimination by the deadline as required shall, as provided for by the state, pay twice or more the fee for excess discharge; in addition, a fine may be imposed in accordance with the consequent damage and loss, or the said enterprise or institution may be ordered to suspend operations or close down.

  The fine shall be decided by the competent environmental protection department. Orders for the suspension of operations or the shutdown of enterprises and institutions shall be issued by the local people's government which set the deadline for the elimination of pollution. Orders for the suspension of operations or shutdown of enterprises and institutions under the jurisdiction of the Central Government shall be submitted to and approved by the State Council.

  Article 39 An enterprise or institution which violates this Law, thereby causing a water pollution accident, shall be fined by the competent environmental protection department or the navigation office of the competent transportation department in accordance with the consequent damage and loss. In a serious case, the persons responsible shall be subject to administrative sanction by the unit to which they belong or by a higher competent authority.

  Article 40 A party refusing to accept the decision of administrative sanction may bring suit before a people's court within 15 days from the date of receiving the notification. If upon the expiration of the period the party neither brings suit nor complies with the decision, the organ which imposed the sanction may apply to the people's court for compulsory enforcement.

  Article 41 The unit which has caused a water pollution hazard has the responsibility to eliminate it and make compensation to the unit or individual that suffered direct losses.

  A dispute over liability to make compensation or the amount of compensation may, at the request of the parties, be settled by the competent environmental protection department or by the navigation office of the competent communications department. If a party refuses to accept the decision, he may bring suit before a people's court. The party may also bring suit before the people's court directly.

  If the water pollution losses are caused by a third party intentionally or negligently, the third party shall be liable to make compensation.

  The unit discharging pollutants shall bear no liability for water pollution losses occasioned by the victim's own fault.

  Article 42 If water pollution losses result entirely from irresistible natural disasters which cannot be averted even after reasonable measures have been promptly taken, the party concerned shall be exempted from liability.

  Article 43 Should any violation of this Law give rise to a serious water pollution accident leading to any grave consequence of heavy public or private property losses or serious personal injury or death, the person responsible for such violation may be investigated for criminal liability by application of Article 115 or 187 of the Criminal Law.

  Chapter VII Supplementary Provisions

  Article 44 For the purpose of this Law, the definitions of the following terms are:

  (1) “Water pollution” means the introduction into a water body of any substance which alters the chemical, physical, biological or radioactive properties of the water in such a way as to affect its effective use, endanger human health, damage the ecosystem or be deleterious to water quality.

  (2) “Pollutant” means a substance that is capable of causing water pollution.

  (3) “Toxic pollutant” means a pollutant that, when ingested by organisms directly or indirectly, leads to diseases, abnormal be haviour, genetic mutation, physiological functional disturbance, organism deformity or death of the organisms themselves or their offspring.

  (4) “Oil” means any kind of oil or its refined products.

  (5) “Fishery water bodies” means those parts of water bodies designated for the spawning, feeding, wintering or migratory passage of fish or shrimp, and for breeding fish, shrimp or shellfish or growing algae.

  Article 45 The environmental protection department of the State Council shall, on the basis of this Law, formulate rules for its implementation, which shall be put into effect after being submitted to and approved by the State Council.

  Article 46 This Law shall come into force on November 1, 1984.

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