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淮河流域水污染防治暂行条例 INTERIM REGULATIONS CONCERNING THE PREVENTION AND CONTROL OF WATER POLLUTION WITHIN THE TERRITORY OF THE HUAIHE RIVER VALLEY

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国务院令第183号
(Promulgated by Decree No. 183 of the State Council of the People's Republic of China on August 8, 1995)
颁布日期:19950808  实施日期:19950808  颁布单位:国务院

  Article 1 These Regulations are enacted for the purpose of strengthening the prevention and control of water pollution within the territory of the Huaihe River Valley, protecting and improving water quality, safeguarding human health and ensuring a water supply for people's daily life and for production.

  Article 2 These Regulations shall apply to the prevention and control of pollution of rivers, lakes, reservoirs, canals and other surface water bodies within the territory of the Huaihe River Valley.

  Article 3 The aim of the prevention and control of water pollution within the territory of the Huaihe River Valley is: the discharge of pollutants from industrial pollution sources within the whole territory shall meet the discharge standards by 1997, and by 2000 the quality of water in the major part of rivers, lakes or reservoirs shall meet the demands stipulated in the program for prevention and control of water pollution within the territory of the Huaihe River Valley so as to clear the water in Huaihe River.

  Article 4 The Leading Group for Protecting Water Resources within the Territory of the Huaihe River Valley (hereinafter referred to as “the Leading Group”) shall be responsible for coordinating and settling any significant affairs concerning the protection of water resources and the prevention and control of water pollution within the territory of the Huaihe River Valley, and for supervising and inspecting the work of prevention and control of water pollution within the territory of the Huaihe River Valley, and also for exercising other functions and powers as the State Council may assign to it.

  The Office of the Leading Group shall be established in Bureau of Protection of Water Resources within the Territory of the Huaihe River Valley.

  Article 5 The people's governments of Henan Province, Anhui Province, Jiangsu Province and Shandong Province (hereinafter referred to as “the four provinces”) shall be responsible, in their respective regions, for the water environment quality within the territory of the Huaihe River Valley, and must take measures to realize their respective aims of prevention and control of water pollution within the territory of the Huaihe River Valley.

  The people's governments of the four provinces shall resolve and assign the task of harnessing the water pollution within the territory of the Huaihe River Valley to related cities (prefectures) or counties, sign goal-related Responsibility documents of prevention and control with related cities (prefectures) or counties and ask them to fulfill assigned tasks ina given time, and shall consider this job as an important part in examining the achievements in related cadres' official careers.

  Article 6 The local people's governments at or above the county level within the territory of the Huaihe River Valley shall regularly report to the standing committees of the people's congresses at the corresponding levels concerning the development in prevention and control of water pollution in their administrative areas within the territory of the Huaihe River Valley.

  Article 7 The State shall carry out preferential and support policies for the prevention and control of water pollution within the territory of the Huaihe River Valley.

  Article 8 The people's governments of the four provinces shall make appropriate arrangements for workers and staff members in closed down or suspended enterprises.

  Article 9 The State shall practice a system of controlling the total amount of discharged water pollutants (here in after referred to as “the total amount of discharged pollutants”) within the territory of the Huaihe River Valley.

  Article 10 In accordance with the aim of prevention and control of water pollution within the territory of the Huaihe River Valley, the competent department of environmental protection administration under the State Council, in concert with the planning department and the competent department of water administration under the State Council, shall consult with the people's governments of the four provinces, map out a program for preventing and controlling water pollution and a plan for controlling the total amount of discharged pollutants within the territory of the Huaihe River Valley, which shall be submitted by the Leading Group to the State Council and shall be exercised after its approval.

  Article 11 In accordance with the program for prevention and control of water pollution and the plan for controlling the total amount of discharged pollutants that are enacted by local people's governments at higher levels, the people's governments at or above the county level within the territory of the Huaihe River Valley shall organize to enact programs for the prevention and control of water pollution and plans for controlling the total amount of discharged pollutants in their administrative areas within the territory of the Huaihe River Valley, and also shall incorporate the aforesaid programs and plans into a middle term or long-term program and an annual plan for national economic and social development in their administrative areas.

  Article 12 The plan for controlling the total amount of discharged pollutants within the territory of the Huaihe River Valley shall include such contents as the exact area in which the total amount of discharged pollutants shall be controlled, the total amount of discharged pollutants, the amount of reduction of discharged pollutants and the time limit for such reduction, and shall also include the areas in which the control of discharged pollutants shall be centered on, lists of key units discharging pollutants out of the aforesaid areas and other contents.

  Article 13 For enterprises, institutions and individual businesses discharging pollutants into a water body within the territory of the Huaihe River Valley (hereinafter referred to as “the units discharging pollutants”) which are incorporated into plans for controlling the total amount of discharged pollutants, the control index of the total amount of discharged pollutants shall be decided on the basis of plans for controlling the total amount of discharged pollutants, environmental impact statements for construction projects and declared amounts of discharged pollutants, by competent departments of environmental protection administration in consultation with other related competent departments at the corresponding levels.

  The amount of the reduction and the time limit required for such reduction of the control index of the total amount of discharged pollutants shall, in accordance with provisions stipulated by the people's governments at respective levels and in consultation with other related competent departments at the corresponding levels, be appraised and decided by the competent departments of environmental protection administration that issue the aforesaid control index to lower levels.

  If a unit discharging pollutants exceeds the limits of the control index of the total amount of discharged pollutants, it shall be ordered by the local people's governments at or above the county level to eliminate and control the pollution within a certain period.

  Article 14 The unit discharging pollutants within the major controlling area of discharging pollutants or the key unit discharging pollutants out of the major controlling area of discharging pollutants, which are defined in plans for controlling the total amount of discharged pollutants within the territory of the Huaihe River Valley, must file an application in accordance with related State-stipulated provisions for license for discharging pollutants, and also shall install measuring instruments of discharged sewage at sewage out falls.

  Article 15 The competent department of environmental protection administration under the State Council, in consultation with the competent department of water administration under the State Council, shall establish water quality standards for the provincial boundaries within the territory of the Huaihe River Valley in accordance with the plans for controlling the total amount of discharged pollutants within the territory of the Huaihe River Valley and with the four provinces' economic and technological conditions. The aforesaid water quality standards shall go into effect after being approved by the State Council.

  Article 16 The Bureau of Protection of Water Resources within the Territory of the Huaihe River Valley shall be responsible for monitoring the water quality of the provincial boundaries of the four provinces, and shall report without delay the monitoring results to the Leading Group.

  Article 17 If the discharge of water pollutants by a key unit discharging pollutants within the territory of the Huaihe River Valley exceeds the prescribed standards, it shall be ordered to eliminate and control the pollution within a certain period.

  For enterprises and institutions under the jurisdiction of a people's government at or below the city or county level, a deadline for the elimination and control of pollution shall be determined by the relevant people's governments at the city or county level. For enterprises and institutions directly under the jurisdiction of the central government or the people's government at the provincial level, such deadline shall be determined by the people's government at the provincial level.

  A list of key units discharging pollutants that have been ordered to eliminate and control the pollution within a certain period shall be drafted, in consultation with the people's governments of the four provinces, by the competent department of environmental protection administration under the State Council. The list shall be promulgated after the verification and consent of the Leading Group.

  Article 18 The excess discharge of water pollutants into a water body within the Huaihe River Valley by any industrial enterprise shall be prohibited as of Jan. 1, 1998.

  Article 19 Any pollutant discharging unit within the territory of the Huaihe River Valley must take measures to accomplish the elimination and control of pollution within the specified period and to ensure that the discharge of water pollutants shall conform to the limits set by national or local standards. Any pollutant discharging unit with a license for discharging pollutants shall ensure that its total amount of discharged pollutants does not exceed the control index of the total amount of discharged pollutants as stipulated by the license for discharging pollutants.

  Any pollutant discharging unit that has not completed the elimination and control of pollution within the specified period shall centralize its funds to accomplish the elimination and control of pollution as soon as possible; before the elimination and control of pollution has been completed, new construction projects aimed at enlarging the productions cale are prohibited.

  Article 20 All discharge fees, which are to be collected by the competent departments of environmental protection administration under the local people's governments at or above the county level, must be spent as provided by the state on the elimination and control of pollution and may not be appropriated for other purposes.

  The auditing bodies shall supervise through auditing, in accordance with the law, the usage of discharge fees, and the auditing results shall be reported to the Leading Group by the auditing bodies of the people's governments of the four provinces.

  Article 21 The installation or enlargement of a sewage out fall within administrative areas such as rivers, lakes, reservoirs, canals, etc., which are located in the territory of the Huaihe River Valley, must be reported, in accordance with the law, to the competent department of water administration for approval.

  Article 22 No new chemical pulp paper making enterprises shall be established within the territory of the Huaihe River Valley.

  No new small-scale enterprises engaging in hide processing, chemical industry, printing and dyeing, electroplating, brewing, or other activities which may cause severe pollution shall be established within the territory of the Huaihe River Valley.

  Construction of new large- or medium-scale projects listed in the preceding paragraph or other projects which may cause severe pollution is to be strictly controlled; new construction of such projects must be subject to the approval of the competent department of environmental protection administration under the related people's governments at the provincial level, and shall be reported to the competent department of environmental protection administration under the State Council for the record.

  A list of prohibited or strictly controlled industries or products shall be drafted, in consultation with other related competent departments under the State Council, by the competent department of environmental protection administration under the State Council. Such list, after being examined and ratified by the Leading Group and reported to the State Council for approval, shall come into effect after the approval of the State Council.

  Article 23 A competent department of environmental protection administration under the people's governments at or above the county level within the territory of the Huaihe River Valley shall not, in the process of examining and approving the environmental impact statement on a construction project's discharge of pollutants into a water body, surpass the limit of the control index of the total amount of discharged pollutants set for its administrative area.

  Article 24 The local people's governments at or above the county level within the territory of the Huaihe River Valley shall, in accordance with the requirements in the program for prevention and control of water pollution within the territory of the Huaihe River Valley, construct sewage treatment facilities in cities or towns.

  Article 25 Sluices within the territory of the Huaihe River Valley shall, presupposing the ensuring of flood control or drought relief, give consideration to the quality of water in both the upper and lower reaches of a river. An adjustment and control program for preventing pollution shall be enacted to avoid the discharge of sewage stored in a sluice-controlled river course.

  For a sluice deemed as important by the Leading Group, the adjustment and control program for preventing pollution shall be enacted by the Water Conservancy Committee of the Huaihe River in concert with the competent department of water administration under the people's government of the relevant province. The aforesaid program shall be reported to the Leading Group and shall go into effect after its approval.

  Article 26 The office of the Leading Group shall, by organizing the competent departments of environmental protection administration and the competent departments of water administration or other relevant departments under the people's governments of the four provinces, take the following measures to carry out the combined work of prevention and control of water pollution in the dry season:

  (1) Strengthen the dynamic monitoring of the quality or situation of the water in major river courses, lakes or reservoirs, and circulate a notice of the monitoring results without delay;

  (2) In accordance with the maximum capacity of the water environment and in consultation with the competent departments of environmental protection administration under the people's governments of the four provinces, establish for each province the maximum amount of pollutants discharged from pollution sources during the dry season. Said amount shall be allotted by levels to pollutant discharging units by the competent departments of environmental protection administration under the people's governments of the four provinces, and the pollutant discharging units shall discharge pollutants within the quantitative limits in accordance with the program for the control of pollutants discharged from pollution sources during the dry season; and

  (3) Manage sluices as described in the adjustment and control program for preventing pollution.

  Article 27 Water pollution accidents within the territory of the Huaihe River Valley shall be promptly reported to the competent department of environmental protection administration. The competent department of environmental protection administration shall, within 24 hours of receiving the aforesaid accident report, report the pollution accident to the people's government at the corresponding level, the competent department of environmental protection administration at a higher level and the office of the Leading Group, and shall also circulate the aforesaid pollution accident to the competent department of environmental protection administration and the competent department of water administration within the neighboring territories of the upper or lower reaches of a river. The local people's governments shall take emergency measures to remove or alleviate the pollution hazards.

  Article 28 Inter-provincial water pollution disputes within the territory of the Huaihe River Valley shall be investigated and monitored by the office of the Leading Group so as to put forward a resolution program, and shall be reported to the Leading Group for its settlement.

  Article 29 The office of the Leading Group may, in accordance with the authorization of the Leading Group, organize the competent departments of environmental protection administration and the competent departments of water administration or other departments under the people's governments of the four provinces to inspect the work of prevention or control of water pollution. The units being inspected shall truthfully report on their situations and provide any necessary information.

  Article 30 Under any one of the following circumstances, any unit discharging pollutants shall be ordered to closedown or suspend its operations by the relevant people's government at or above the county level:

  (1) Causing severe pollution and not worth the cost of elimination and control; or

  (2) Discharge of pollutants by an industrial enterprise which still exceeds the limits after Jan. 1, 1998.

  Article 31 Any unit that has failed to complete elimination and control by the required deadline shall be ordered by the competent department of environmental protection administration under the local people's governments at or above the county level to discharge pollutants in a limited amount, and may also be subject to a fine of up to 100,000 yuan; if the circumstances are serious, the aforesaid unit shall be ordered by the relevant people's governments at or above the county level to close down or suspend its operations.

  Article 32 Any unauthorized establishment or enlargement of a sewage out fall within the administrative areas of rivers, lakes, reservoirs or canals shall be ordered to be dismantled by the competent department of environmental protection administration or the competent department of water administration under the local people's government at or above the county level, and may also be subject to a fine of up to 50,000 yuan.

  Article 33 Newly constructed chemical pulp paper making enterprises, small enterprises engaged in hide processing, chemical industry, printing and dyeing, electroplating, brewing or other activities which may cause severe pollution, or strictly limited projects which are constructed without approval, shall be ordered by the relevant people's government at or above the county level to suspend construction or close down, and the competent department of environmental protection administration may impose a fine of up to 200,000 yuan.

  Article 34 Where the competent department of environmental protection administration exceeds the control index of the total amount of discharged pollutants set for its administrative area to approve an environmental impact statement for a construction project, disciplinary sanctions shall be imposed on leading members and other personnel bearing direct responsibilities as described in laws or regulations. If any action constitutes a crime, criminal responsibility shall be investigated according to law.

  Article 35 Where pollutants are excessively discharged in violation of the program for controlling the discharge of pollutants from pollution sources in the dry season, the competent department of environmental protection administration under the people's government at or above the county level shall order the unit discharging pollutants to make amends, and may also impose a fine of up to 100,000 yuan; if the circumstances are serious, the relevant people's government at or above the county level shall order the unit discharging pollutants to suspend its operations or closedown, and disciplinary sanctions shall be imposed on leading members and other personnel bearing direct responsibilities as described in laws or regulations.

  Article 36 An order for the suspension of construction or operation or the shut-down of an enterprise or institution, as described in these Regulations, shall be issued by the people's government which set the deadline for the elimination and control of pollution. An order for the suspension of construction or operation or the shut-down of an enterprise or institution directly under the jurisdiction of the central government shall be submitted to and approved by the State Council.

  Article 37 The maximum fine which may be imposed by the competent department of environmental protection administration or the competent department of water administration under the people's government at the county level shall not exceed 10,000 yuan; the imposition of a fine of more than 10,000 yuan shall be reported to and approved by the competent department of environmental protection administration or the competent department of water administration at the next higher level .

  The maximum fine which may be imposed by the competent department of environmental protection administration under the people's government of a districted city shall not exceed 50,000 yuan; the imposition of a fine of more than 50,000 yuan shall be reported to and approved by the competent department of environmental protection administration at the next higher level.

  Article 38 Management of a sluic 国务院令第183号(Promulgated by Decree No. 183 of the State Council of the People's Republic of China on August 8, 1995)

  颁布日期:19950808  实施日期:19950808  颁布单位:国务院

  Article 1 These Regulations are enacted for the purpose of strengthening the prevention and control of water pollution within the territory of the Huaihe River Valley, protecting and improving water quality, safeguarding human health and ensuring a water supply for people's daily life and for production.

  Article 2 These Regulations shall apply to the prevention and control of pollution of rivers, lakes, reservoirs, canals and other surface water bodies within the territory of the Huaihe River Valley.

  Article 3 The aim of the prevention and control of water pollution within the territory of the Huaihe River Valley is: the discharge of pollutants from industrial pollution sources within the whole territory shall meet the discharge standards by 1997, and by 2000 the quality of water in the major part of rivers, lakes or reservoirs shall meet the demands stipulated in the program for prevention and control of water pollution within the territory of the Huaihe River Valley so as to clear the water in Huaihe River.

  Article 4 The Leading Group for Protecting Water Resources within the Territory of the Huaihe River Valley (hereinafter referred to as “the Leading Group”) shall be responsible for coordinating and settling any significant affairs concerning the protection of water resources and the prevention and control of water pollution within the territory of the Huaihe River Valley, and for supervising and inspecting the work of prevention and control of water pollution within the territory of the Huaihe River Valley, and also for exercising other functions and powers as the State Council may assign to it.

  The Office of the Leading Group shall be established in Bureau of Protection of Water Resources within the Territory of the Huaihe River Valley.

  Article 5 The people's governments of Henan Province, Anhui Province, Jiangsu Province and Shandong Province (hereinafter referred to as “the four provinces”) shall be responsible, in their respective regions, for the water environment quality within the territory of the Huaihe River Valley, and must take measures to realize their respective aims of prevention and control of water pollution within the territory of the Huaihe River Valley.

  The people's governments of the four provinces shall resolve and assign the task of harnessing the water pollution within the territory of the Huaihe River Valley to related cities (prefectures) or counties, sign goal-related Responsibility documents of prevention and control with related cities (prefectures) or counties and ask them to fulfill assigned tasks ina given time, and shall consider this job as an important part in examining the achievements in related cadres' official careers.

  Article 6 The local people's governments at or above the county level within the territory of the Huaihe River Valley shall regularly report to the standing committees of the people's congresses at the corresponding levels concerning the development in prevention and control of water pollution in their administrative areas within the territory of the Huaihe River Valley.

  Article 7 The State shall carry out preferential and support policies for the prevention and control of water pollution within the territory of the Huaihe River Valley.

  Article 8 The people's governments of the four provinces shall make appropriate arrangements for workers and staff members in closed down or suspended enterprises.

  Article 9 The State shall practice a system of controlling the total amount of discharged water pollutants (here in after referred to as “the total amount of discharged pollutants”) within the territory of the Huaihe River Valley.

  Article 10 In accordance with the aim of prevention and control of water pollution within the territory of the Huaihe River Valley, the competent department of environmental protection administration under the State Council, in concert with the planning department and the competent department of water administration under the State Council, shall consult with the people's governments of the four provinces, map out a program for preventing and controlling water pollution and a plan for controlling the total amount of discharged pollutants within the territory of the Huaihe River Valley, which shall be submitted by the Leading Group to the State Council and shall be exercised after its approval.

  Article 11 In accordance with the program for prevention and control of water pollution and the plan for controlling the total amount of discharged pollutants that are enacted by local people's governments at higher levels, the people's governments at or above the county level within the territory of the Huaihe River Valley shall organize to enact programs for the prevention and control of water pollution and plans for controlling the total amount of discharged pollutants in their administrative areas within the territory of the Huaihe River Valley, and also shall incorporate the aforesaid programs and plans into a middle term or long-term program and an annual plan for national economic and social development in their administrative areas.

  Article 12 The plan for controlling the total amount of discharged pollutants within the territory of the Huaihe River Valley shall include such contents as the exact area in which the total amount of discharged pollutants shall be controlled, the total amount of discharged pollutants, the amount of reduction of discharged pollutants and the time limit for such reduction, and shall also include the areas in which the control of discharged pollutants shall be centered on, lists of key units discharging pollutants out of the aforesaid areas and other contents.

  Article 13 For enterprises, institutions and individual businesses discharging pollutants into a water body within the territory of the Huaihe River Valley (hereinafter referred to as “the units discharging pollutants”) which are incorporated into plans for controlling the total amount of discharged pollutants, the control index of the total amount of discharged pollutants shall be decided on the basis of plans for controlling the total amount of discharged pollutants, environmental impact statements for construction projects and declared amounts of discharged pollutants, by competent departments of environmental protection administration in consultation with other related competent departments at the corresponding levels.

  The amount of the reduction and the time limit required for such reduction of the control index of the total amount of discharged pollutants shall, in accordance with provisions stipulated by the people's governments at respective levels and in consultation with other related competent departments at the corresponding levels, be appraised and decided by the competent departments of environmental protection administration that issue the aforesaid control index to lower levels.

  If a unit discharging pollutants exceeds the limits of the control index of the total amount of discharged pollutants, it shall be ordered by the local people's governments at or above the county level to eliminate and control the pollution within a certain period.

  Article 14 The unit discharging pollutants within the major controlling area of discharging pollutants or the key unit discharging pollutants out of the major controlling area of discharging pollutants, which are defined in plans for controlling the total amount of discharged pollutants within the territory of the Huaihe River Valley, must file an application in accordance with related State-stipulated provisions for license for discharging pollutants, and also shall install measuring instruments of discharged sewage at sewage out falls.

  Article 15 The competent department of environmental protection administration under the State Council, in consultation with the competent department of water administration under the State Council, shall establish water quality standards for the provincial boundaries within the territory of the Huaihe River Valley in accordance with the plans for controlling the total amount of discharged pollutants within the territory of the Huaihe River Valley and with the four provinces' economic and technological conditions. The aforesaid water quality standards shall go into effect after being approved by the State Council.

  Article 16 The Bureau of Protection of Water Resources within the Territory of the Huaihe River Valley shall be responsible for monitoring the water quality of the provincial boundaries of the four provinces, and shall report without delay the monitoring results to the Leading Group.

  Article 17 If the discharge of water pollutants by a key unit discharging pollutants within the territory of the Huaihe River Valley exceeds the prescribed standards, it shall be ordered to eliminate and control the pollution within a certain period.

  For enterprises and institutions under the jurisdiction of a people's government at or below the city or county level, a deadline for the elimination and control of pollution shall be determined by the relevant people's governments at the city or county level. For enterprises and institutions directly under the jurisdiction of the central government or the people's government at the provincial level, such deadline shall be determined by the people's government at the provincial level.

  A list of key units discharging pollutants that have been ordered to eliminate and control the pollution within a certain period shall be drafted, in consultation with the people's governments of the four provinces, by the competent department of environmental protection administration under the State Council. The list shall be promulgated after the verification and consent of the Leading Group.

  Article 18 The excess discharge of water pollutants into a water body within the Huaihe River Valley by any industrial enterprise shall be prohibited as of Jan. 1, 1998.

  Article 19 Any pollutant discharging unit within the territory of the Huaihe River Valley must take measures to accomplish the elimination and control of pollution within the specified period and to ensure that the discharge of water pollutants shall conform to the limits set by national or local standards. Any pollutant discharging unit with a license for discharging pollutants shall ensure that its total amount of discharged pollutants does not exceed the control index of the total amount of discharged pollutants as stipulated by the license for discharging pollutants.

  Any pollutant discharging unit that has not completed the elimination and control of pollution within the specified period shall centralize its funds to accomplish the elimination and control of pollution as soon as possible; before the elimination and control of pollution has been completed, new construction projects aimed at enlarging the productions cale are prohibited.

  Article 20 All discharge fees, which are to be collected by the competent departments of environmental protection administration under the local people's governments at or above the county level, must be spent as provided by the state on the elimination and control of pollution and may not be appropriated for other purposes.

  The auditing bodies shall supervise through auditing, in accordance with the law, the usage of discharge fees, and the auditing results shall be reported to the Leading Group by the auditing bodies of the people's governments of the four provinces.

  Article 21 The installation or enlargement of a sewage out fall within administrative areas such as rivers, lakes, reservoirs, canals, etc., which are located in the territory of the Huaihe River Valley, must be reported, in accordance with the law, to the competent department of water administration for approval.

  Article 22 No new chemical pulp paper making enterprises shall be established within the territory of the Huaihe River Valley.

  No new small-scale enterprises engaging in hide processing, chemical industry, printing and dyeing, electroplating, brewing, or other activities which may cause severe pollution shall be established within the territory of the Huaihe River Valley.

  Construction of new large- or medium-scale projects listed in the preceding paragraph or other projects which may cause severe pollution is to be strictly controlled; new construction of such projects must be subject to the approval of the competent department of environmental protection administration under the related people's governments at the provincial level, and shall be reported to the competent department of environmental protection administration under the State Council for the record.

  A list of prohibited or strictly controlled industries or products shall be drafted, in consultation with other related competent departments under the State Council, by the competent department of environmental protection administration under the State Council. Such list, after being examined and ratified by the Leading Group and reported to the State Council for approval, shall come into effect after the approval of the State Council.

  Article 23 A competent department of environmental protection administration under the people's governments at or above the county level within the territory of the Huaihe River Valley shall not, in the process of examining and approving the environmental impact statement on a construction project's discharge of pollutants into a water body, surpass the limit of the control index of the total amount of discharged pollutants set for its administrative area.

  Article 24 The local people's governments at or above the county level within the territory of the Huaihe River Valley shall, in accordance with the requirements in the program for prevention and control of water pollution within the territory of the Huaihe River Valley, construct sewage treatment facilities in cities or towns.

  Article 25 Sluices within the territory of the Huaihe River Valley shall, presupposing the ensuring of flood control or drought relief, give consideration to the quality of water in both the upper and lower reaches of a river. An adjustment and control program for preventing pollution shall be enacted to avoid the discharge of sewage stored in a sluice-controlled river course.

  For a sluice deemed as important by the Leading Group, the adjustment and control program for preventing pollution shall be enacted by the Water Conservancy Committee of the Huaihe River in concert with the competent department of water administration under the people's government of the relevant province. The aforesaid program shall be reported to the Leading Group and shall go into effect after its approval.

  Article 26 The office of the Leading Group shall, by organizing the competent departments of environmental protection administration and the competent departments of water administration or other relevant departments under the people's governments of the four provinces, take the following measures to carry out the combined work of prevention and control of water pollution in the dry season:

  (1) Strengthen the dynamic monitoring of the quality or situation of the water in major river courses, lakes or reservoirs, and circulate a notice of the monitoring results without delay;

  (2) In accordance with the maximum capacity of the water environment and in consultation with the competent departments of environmental protection administration under the people's governments of the four provinces, establish for each province the maximum amount of pollutants discharged from pollution sources during the dry season. Said amount shall be allotted by levels to pollutant discharging units by the competent departments of environmental protection administration under the people's governments of the four provinces, and the pollutant discharging units shall discharge pollutants within the quantitative limits in accordance with the program for the control of pollutants discharged from pollution sources during the dry season; and

  (3) Manage sluices as described in the adjustment and control program for preventing pollution.

  Article 27 Water pollution accidents within the territory of the Huaihe River Valley shall be promptly reported to the competent department of environmental protection administration. The competent department of environmental protection administration shall, within 24 hours of receiving the aforesaid accident report, report the pollution accident to the people's government at the corresponding level, the competent department of environmental protection administration at a higher level and the office of the Leading Group, and shall also circulate the aforesaid pollution accident to the competent department of environmental protection administration and the competent department of water administration within the neighboring territories of the upper or lower reaches of a river. The local people's governments shall take emergency measures to remove or alleviate the pollution hazards.

  Article 28 Inter-provincial water pollution disputes within the territory of the Huaihe River Valley shall be investigated and monitored by the office of the Leading Group so as to put forward a resolution program, and shall be reported to the Leading Group for its settlement.

  Article 29 The office of the Leading Group may, in accordance with the authorization of the Leading Group, organize the competent departments of environmental protection administration and the competent departments of water administration or other departments under the people's governments of the four provinces to inspect the work of prevention or control of water pollution. The units being inspected shall truthfully report on their situations and provide any necessary information.

  Article 30 Under any one of the following circumstances, any unit discharging pollutants shall be ordered to closedown or suspend its operations by the relevant people's government at or above the county level:

  (1) Causing severe pollution and not worth the cost of elimination and control; or

  (2) Discharge of pollutants by an industrial enterprise which still exceeds the limits after Jan. 1, 1998.

  Article 31 Any unit that has failed to complete elimination and control by the required deadline shall be ordered by the competent department of environmental protection administration under the local people's governments at or above the county level to discharge pollutants in a limited amount, and may also be subject to a fine of up to 100,000 yuan; if the circumstances are serious, the aforesaid unit shall be ordered by the relevant people's governments at or above the county level to close down or suspend its operations.

  Article 32 Any unauthorized establishment or enlargement of a sewage out fall within the administrative areas of rivers, lakes, reservoirs or canals shall be ordered to be dismantled by the competent department of environmental protection administration or the competent department of water administration under the local people's government at or above the county level, and may also be subject to a fine of up to 50,000 yuan.

  Article 33 Newly constructed chemical pulp paper making enterprises, small enterprises engaged in hide processing, chemical industry, printing and dyeing, electroplating, brewing or other activities which may cause severe pollution, or strictly limited projects which are constructed without approval, shall be ordered by the relevant people's government at or above the county level to suspend construction or close down, and the competent department of environmental protection administration may impose a fine of up to 200,000 yuan.

  Article 34 Where the competent department of environmental protection administration exceeds the control index of the total amount of discharged pollutants set for its administrative area to approve an environmental impact statement for a construction project, disciplinary sanctions shall be imposed on leading members and other personnel bearing direct responsibilities as described in laws or regulations. If any action constitutes a crime, criminal responsibility shall be investigated according to law.

  Article 35 Where pollutants are excessively discharged in violation of the program for controlling the discharge of pollutants from pollution sources in the dry season, the competent department of environmental protection administration under the people's government at or above the county level shall order the unit discharging pollutants to make amends, and may also impose a fine of up to 100,000 yuan; if the circumstances are serious, the relevant people's government at or above the county level shall order the unit discharging pollutants to suspend its operations or closedown, and disciplinary sanctions shall be imposed on leading members and other personnel bearing direct responsibilities as described in laws or regulations.

  Article 36 An order for the suspension of construction or operation or the shut-down of an enterprise or institution, as described in these Regulations, shall be issued by the people's government which set the deadline for the elimination and control of pollution. An order for the suspension of construction or operation or the shut-down of an enterprise or institution directly under the jurisdiction of the central government shall be submitted to and approved by the State Council.

  Article 37 The maximum fine which may be imposed by the competent department of environmental protection administration or the competent department of water administration under the people's government at the county level shall not exceed 10,000 yuan; the imposition of a fine of more than 10,000 yuan shall be reported to and approved by the competent department of environmental protection administration or the competent department of water administration at the next higher level .

  The maximum fine which may be imposed by the competent department of environmental protection administration under the people's government of a districted city shall not exceed 50,000 yuan; the imposition of a fine of more than 50,000 yuan shall be reported to and approved by the competent department of environmental protection administration at the next higher level.

  Article 38 Management of a sluice which violates the adjustment and control program for preventing pollution shall be ordered to be corrected by the competent department of water administration under the people's government at or above the county level; disciplinary sanctions shall be imposed on leading members and other personnel bearing direct responsibilities as described in laws or regulations.

  Article 39 Should a water pollution accident occur that leads to heavy economic losses or personal injuries or deaths, the leading member and other personnel bearing direct responsibilities for such an accident, whose acts constitute a crime, shall be investigated for criminal responsibility according to law.

  Article 40 Those who, in violation of the public order, refuse or obstruct state functionaries bearing the responsibilities prescribed in these Regulations from performing their legal duties shall be punished pursuant to the provisions of the Regulations of the People's Republic of China Concerning Administrative Penalties for Public Security; if their acts constitute a crime, criminal responsibility shall be investigated according to law.

  Article 41 Any state functionary bearing the responsibilities prescribed in theses Regulation who abuses his authority, plays favouritism and commits irregularities, or is negligent of his duties or who refuses to perform his duties, if the act constitutes a crime, shall be investigated for criminal responsibility according to law; if such act does not constitute a crime, the state functionary in question shall be subject to disciplinary sanctions.

  Article 42 The people's governments of the four provinces may respectively formulate their own implementation measures based on these Regulations.

  Article 43 These Regulations shall come into force as of August 8, 1995.

  e which violates the adjustment and control program for preventing pollution shall be ordered to be corrected by the competent department of water administration under the people's government at or above the county level; disciplinary sanctions shall be imposed on leading members and other personnel bearing direct responsibilities as described in laws or regulations.

  Article 39 Should a water pollution accident occur that leads to heavy economic losses or personal injuries or deaths, the leading member and other personnel bearing direct responsibilities for such an accident, whose acts constitute a crime, shall be investigated for criminal responsibility according to law.

  Article 40 Those who, in violation of the public order, refuse or obstruct state functionaries bearing the responsibilities prescribed in these Regulations from performing their legal duties shall be punished pursuant to the provisions of the Regulations of the People's Republic of China Concerning Administrative Penalties for Public Security; if their acts constitute a crime, criminal responsibility shall be investigated according to law.

  Article 41 Any state functionary bearing the responsibilities prescribed in theses Regulation who abuses his authority, plays favouritism and commits irregularities, or is negligent of his duties or who refuses to perform his duties, if the act constitutes a crime, shall be investigated for criminal responsibility according to law; if such act does not constitute a crime, the state functionary in question shall be subject to disciplinary sanctions.

  Article 42 The people's governments of the four provinces may respectively formulate their own implementation measures based on these Regulations.

  Article 43 These Regulations shall come into force as of August 8, 1995.

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