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深圳市节约用水条例 Regulations of the Shenzhen Municipality on Water Saving

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深圳市人民代表大会常务委员会公告第121号

(Adopted at the Thirty-Fifth Meeting of the Standing Committee of the Third Shenzhen Municipal People‘s Congress on December 30, 2004, approved at the Sixteenth Meeting of the Standing Committee of the Tenth Guangdong Provincial Congress on January 19, 2005)

颁布日期:20050202  实施日期:20050301  颁布单位:深圳市人大常委会

  Chapter I General Provisions

  Article 1 In order to strengthen the administration of water saving, rationally and effectively use water resources, and promote the sustainable development of society and economy, these regulations are hereby formulated in accordance with Law of the People‘s Republic of China on Water and other laws, regulations, and in the light of the practical conditions of this city.

  Article 2 Water saving shall follow the principle of unified planning, total volume control, planned water consumption, comprehensive utilization, and emphasis on benefits.

  Article 3 The Shenzhen Municipal People‘s Government (hereinafter referred to as the municipal government) shall work out a unified water saving plan according to this municipality’s plan of national economy and social development, and incorporate it into the overall city plan.

  The bearing capacity of water resources shall be taken into full consideration for the size of city development, distribution of major construction projects, adjustments of industrial structure, and urban construction, and the projects of high-volume water consumption shall be under strict control.

  It shall be vigorously pursued to take water-saving measures, spread new technology and new techniques to save water, foster and develop water-saving industries, agriculture and service sectors, and build up a water-saving city.

  Article 4 In the light of the practical conditions of the water resources of this city, the municipal government shall protect and rationally develop, utilize water resources; encourage and support the development and utilization of waste water, recycled water, seawater and rainwater, etc., and take them into comprehensive consideration in the city planning and construction.

  The comprehensive utilization of waste water, recycled water, seawater and rainwater shall be brought into the water saving plan.

  Article 5 The administrative department of the municipal government in charge of water affairs (hereinafter referred to as the municipal department of water affairs) shall be responsible for the administration of water saving in the whole city, and discharge the following duties according to law:

  (1) to work out the water saving plan and various quotas of water consumption jointly with the related department, report them to the municipal government and organize their implementation after approval;

  (2) to administer the balance tests of water volume of the water-using units;

  (3) to examine the evaluation reports of construction projects on water consumption and water saving, organize the examination and acceptance of the completed facilities of water saving;

  (4) to do planning and management for the utilization of waste water, recycled water, seawater and rainwater;

  (5) to do other administration work for water saving.

  The municipal department of water affairs may entrust the municipal office of

  water-saving administration with the specific administration of water saving.

  Article 6 The related departments of governments shall, within the scope of their duties, cooperate with the departments in charge of water affairs to work on water saving, and take advanced, scientific plans and measures of water saving into full account in formulating their industrial development plans.

  Article 7 The governments at various levels shall launch a campaign of extensive propaganda and education on water saving, and heighten the consciousness of all the people on this matter.

  The municipal department of water affairs shall make a plan of propaganda on water saving for public interests, and develop the activities of propaganda on water saving for public interests on the regular basis.

  The news media shall be active in the propaganda on water saving for public interests, and disclose the acts of water wasting.

  Any unit and individual shall have the obligation to save water.

  Chapter II Plan and Quota

  Article 8 The departments of the municipal government in charge of development and reform shall join the municipal department of water affairs for organizing the formulation of a city-wide annual plan of water consumption and conducting the total volume control of the annual water consumption of this city in accordance with the annual plan of national economy and social development, the water saving plan, the conditions of water resources and water supply, and the demand for water.

  Article 9 The administration of water saving shall be divided into two categories: resident users for daily life and unit users.

  Resident users for daily life shall be under the administration of water consumption by quotas; unit users shall be under the administration of water consumption by combination of plans and quotas.

  The resident users for daily life referred to in these regulations shall mean the users who, as residents, take acts to use water at their residential places for the needs of daily life.

  The unit users referred to in these regulations shall mean the non-residential users which take acts to use water in the course of production, operation, scientific research, teaching, management, etc. A unit user whose actual annual consumption of water exceeds 30,000 cubic meters shall be the key unit user, a unit user whose actual annual consumption of water is less than 30,000 cubic meters shall be the ordinary unit user.

  Article 10 The quotas of resident users for daily life shall be worked out by the municipal department of water affairs according to the water saving plan and the conditions of water resources and water consumption of the whole city, reported to the municipal government and made public for implementation after approval.

  Article 11 The quotas of water consumption for industries shall follow the standards formulated by the state and province. If the standards have not been formulated, the municipal department of water affairs shall join in with the municipal department of supervision of quality and technology and the departments in charge of the related industries to formulate the quotas of water consumption for these industries, report them to the municipal government and make them public for implementation after approval.

  The quotas of water consumption for industries shall be formulated on the basis of the rational water consumption level determined by the balance tests of water volume, and revised periodically according to the change in demand for water, technological progress, and economic development.

  Article 12 The municipal department of water affairs shall work out the measures on carrying out the balance tests of water volume and make them public.

  A unit user shall have at least one balance test of water volume every three years, and the balance test shall be redone if there is a change in the structure of products or technology. The results of the balance tests of water volume shall be reported to the municipal, district departments of water affairs.

  Article 13 A unit user shall report an annual plan of every month‘s water consumption for approval according to the quota of water consumption for the industry, the level of rational water consumption determined by the balance test of water volume, and the total volume of water consumption, etc.

  The municipal, district departments of water affairs shall examine and approve the water consumption plan of a unit user according to the whole city‘s annual water consumption plan, the quota of water consumption for the industry and the corresponding industrial policy, the level of rational water consumption for a unit user, and the demand of development, etc.

  The water consumption plan of a unit user shall be examined and approved or placed on file once every year. If it has not been examined and approved or placed on file, the total volume of annual water consumption shall be rationally determined according to the average of the total volume of annual water consumption of the last three years and the demand of development; if the period of water consumption is less than three years, the total volume of annual water consumption shall be rationally determined according to the volume of actual water consumption and the quota of water consumption for the industry.

  Article 14 The water consumption plan of a key unit user whose annual water consumption is planned to be more than 50,000 cubic meters shall be examined and approved by the municipal department of water affairs, the water consumption plan of a key unit user whose annual water consumption is planned to be between 30,000 and 50,000 cubic meters shall be examined and approved by a district department of water affairs, the water consumption plan of an ordinary unit user shall be reported to a district department of water affairs for record.

  A key unit user which has bee proved through the examination of the municipal department of water affairs to be up to the national standards of the water saving enterprise (unit) shall report its water consumption plan of the next year according to the actual needs to the municipal department of water affairs for record.

  Article 15 A unit user shall submit an application form of the monthly water consumption plan of the next year to a municipal department of water affairs before December 1 every year, the department of water affairs shall do the examination and approval, and notify the user within 15 business days from the date of accepting the application, if the examination, approval and notification have not been done after the deadline, it shall be regarded as approval of the application.

  The departments of water affairs shall make the catalogue of the materials needed for a unit user to apply for its water consumption plan and the model copy of application form, etc., available for the public in their offices.

  Article 16 If a unit user needs to adjust its water consumption plan, it shall apply to a department of water affairs, and the department of water affairs shall make an adjustment within 5 business days according to the procedure of examination, approval and placing on file which is stipulated by these regulations.

  Article 17 The first water consumption plans of the projects of construction, extension, reconstruction shall be examined and approved according to the designed volume of water consumption after the water saving facilities have been examined and accepted.

  Article 18 The exploitation of underground water and extraction of water by self-built facilities shall be brought under strict control. If it is indeed necessary to exploit underground water and to extract water by self-built facilities, the scientific proof shall be given, and the formalities to process a permit for water-taking shall be gone through according to law. The volume of taken water shall be all brought into line with the water consumption plan of this unit.

  Article 19 Water-supplying enterprises shall supply unit users water according to the plans examined and approved or placed on file.

  Article 20 If normal water supply cannot continue because of the shortage of water resources, the municipal department of water affairs may, after reporting to the municipal government and having its approval, issue the order to unit users to restrict their water consumption; if it is necessary, the order may also be issued to resident users for daily life to restrict their water consumption.

  Article 21 The base price of water shall be fixed and adjusted according to the related laws and regulations, reported to the municipal government after public hearing and made public for implementation after approval.

  Article 22 If water consumption exceeds the quota and plan, it shall be dealt with by a system of collection of fees based on progressive increase in price grade by grade.

  The fees coming from the increased part above the base price as a result of the water consumption beyond the quota by resident users and beyond the plan by unit users shall be collected by water-supplying enterprises at the same time when they are collecting their water charge, and such fees shall be all handed over to a special account of public finance to be managed in two lines of income and expenditure, spent on research and development as well as dissemination and application of water-saving technology, facilities, equipments, construction of water-saving works, propaganda, training, commendation for water saving, and other work determined by the municipal government and related to water saving.

  Article 23 The water consumption of resident users for daily life within the quota shall be charged according to the base price of water, the part of water consumption beyond the quota shall be charged according to the increased price.

  The water consumption plans of unit users shall be checked every month, if the water consumption of a unit user exceeds the planned volume by less than 10% (including 10%) , a department of water affairs shall give a warning; if the water consumption exceeds the planned volume by more than 10%, it shall be charged according to the increased price.

  The specific rates of increase in price shall be worked out by the municipal government.

  Chapter III Water Saving

  Article 24 An assessment system of water consumption and water saving shall be put in practice for the water consumption of construction projects.

  The projects of construction, extension and reconstruction whose designed volume of annual water consumption is more than 30,000 cubic meters shall have their evaluation reports on water consumption and water saving to be worked out during the period of feasibility studies, and the plans of water-saving measures shall be worked out as well. The reports of feasibility studies of other construction projects shall include the contents of evaluation of water consumption and water saving.

  The measures on the formulation and examination of evaluation reports on water consumption and water saving shall be specifically worked out by the municipal department of water affairs, reported to the municipal government and put into execution after approval.

  Article 25 The projects of construction, extension, and reconstruction shall have the accessory facilities of water saving to be constructed. The facilities of water saving and the principal part of the projects shall be designed, constructed and put to use at the same time. When a construction project has been completed, the unit in charge of construction shall apply to a department of water affairs for the examination and acceptance of the completed facilities of water saving.

  When a project of construction, extension or reconstruction having a designed volume of annual water consumption of more than 30,000 cubic meters is reported for construction, a report on the construction of water-saving facilities approved by a department of water affairs shall be submitted.

  Unit users shall not stop using already completed water-saving facilities without authorization.

  As for already completed construction projects, water-saving facilities shall be built and improved gradually.

  Article 26 Water-saving facilities shall meet the related standards, rules, technological standards and reports on the construction of accessory facilities of water saving which have been examined and approved.

  Article 27 The departments of water affairs shall establish and improve a statistical system of water saving.

  Water-supplying enterprises shall, according to the rules, provide for the departments of water affairs the related data of the water consumption of the enterprises themselves for production and the water consumption of unit users and resident users for daily life, etc. Unit users shall, according to the rules, provide the related data of the water consumption and water saving of the units themselves for the departments of water affairs.

  The departments of water affairs, water–supplying enterprises, and key unit users shall establish a data transmission system for water supply, consumption and saving and a shared data base.

  Article 28 A unit user shall establish an administration system of water saving, designate a full-time person to be responsible for the water saving of this unit, keep a record of water consumption and statistical master file, and strengthen the daily administration of water consumption.

  Article 29 Unprocessed water supplying units, realty management units, units as house owners, and unit users shall strengthen the maintenance and administration of water source works, water-supplying pipelines and networks, facilities, equipments, and appliances of water consumption, adopt measures to prevent seeping and leaking, and reduce the rate of seepage and leakage. If there is serious waste of water resources because of inappropriate maintenance and administration and correction has been refused, a department of water affairs may examine and cut the planned water consumption by a volume corresponding to the volume of wasted water.

  The owners or managers of the municipal facilities such as those of firefighting, environmental sanitation, etc., shall strengthen the administration of the facilities, prevent water from seeping and leaking or being taken for other use.

  Article 30 Water supplying enterprises shall strengthen the recovery and utilization of self-consumed water for production, maintenance and management of water–supplying pipelines and networks, and avoid the waste of water resources.

  The rate of leakage and loss of water in pipelines and networks, the proportional difference between produced water and consumed water in supply, the percentage of self-consumed water for production in the total volume of produced water of a water-supplying enterprise shall meet the national standards or industrial standards, the water consumed after these standards have been exceeded may not be calculated as the cost of water price.

  Article 31 Unit users shall adopt water-saving measures such as recycling of water, multiple using of water, etc., reduce the volume of consumed water, and raise the rate of repeated use of water.

  The cooling water, condensing water of equipments of unit users shall be used through recycling or recovering, and may not be directly discharged.

  If the rate of repeated use of industrial water, the rate of recycled cooling water and condensing water are lower than the national standards, the departments of water affairs shall not increase the planned quotas of water consumption.

  Article 32 In case of production of beverage and drinking water by using water as a primary raw material, the utilization ratio of raw-material water shall not lower than the related standards; the remaining water after production shall be recovered for use and may not be directly discharged.

  Article 33 In case of operation of bathhouses, swimming pools, and water entertainment, etc., the facilities for water recycling and other water-saving facilities shall be installed.

  Article 34 In case of engaging in car washing, the technology of car washing with low level of water consumption shall be adopted, the equipments of car washing with recycled water or the waste water after treatment shall be used for car washing.

  Article 35 It shall be forbidden to produce, distribute and use the techniques, equipments, and products which should be disused according to the official decrees of the state, province, municipality because of their technological backwardness and high-volume water consumption.

  Article 36 The municipal department of water affairs shall join in with the related departments to draw up a catalogue of water-saving techniques, equipments, appliances, and publish it periodically.

  Unit users and resident users for daily life shall be encouraged to adopt or use the water-saving techniques, equipments and appliances listed in the catalogue mentioned in the preceding section.

  Article 37 The charge for water consumption shall be calculated on the basis of consumed volume, and it shall be forbidden to charge a fixed fee for a fixed period of time without limit to the volume of water consumption. Water-supplying enterprises shall install a water meter, which meets the standards and is verified as qualified by a legal institution of measurement verification, for each user.

  Article 38 The governments shall encourage the research and development of both utilization of waste water as resources and water recycling facilities, and speed up the construction of facilities for recovery and utilization of waste water.

  The departments of water affairs shall actively take measures to increase the rate of recovery and utilization of waste water according to the state requirements for creating water-saving cities.

  Article 39 In case of construction, extension, and reconstruction of a factory for waste water disposal, the corresponding facilities of recovery and utilization of waste water shall be built according to the water saving plan.

  Article 40 In case of municipal water consumption in gardening, afforestation, environmental sanitation, etc., and water consumption in ecological landscape, the advanced technology of water saving shall be adopted, and the treated water and recycled water shall be used according to the water saving plan.

  Article 41 Within the scope defined by the water saving plan, the following projects of construction, extension, and reconstruction shall have the accessory facilities of water recycling to be built up according the plan:

  (1) hotel, grand hotel and high-rise residential building whose area of construction is more than 20,000 square meters;

  (2) other building or a group of buildings whose area of construction is more than 40,000 square meters.

  Article 42 Within the scope defined by the water saving plan, an industrial zone,

  vacation resort, guesthouse, and residential quarter, etc., which have conditions to use seawater or waste water shall have the accessory facilities of utilization of seawater or waste water to be built up according to the plan.

  Article 43 If a unit user which should utilize waste water, recycled water or seawater according to these regulations has failed to do so, a department of water affairs may cut its planned water consumption by a volume corresponding to the volume of waste water, recycled water or seawater that this unit has failed to utilize.

  Article 44 Low-lying lawn, seeping ground shall be made popular and adopted in planning and construction of green belts, roads.

  Units and individuals shall be encouraged to build and use the facilities of collection and utilization of rainwater.

  Article 45 The governments at various levels shall establish an award system for water saving, and give commendation or awards to units or individuals falling into one of the following categories:

  (1) the actual volume of water consumption of a key unit user has been lower than that of the water consumption plan for a long time;

  (2) the loss of water in supply by a water-supplying enterprise is apparently lower than the national standards;

  (3) distinguishing themselves by achievements in the recovery and utilization of waste water, and in the use of seawater;

  (4) having outstanding contributions to the research and spreading of waster-saving technology, techniques, equipments, appliances, etc.;

  (5) having outstanding performance in the propaganda, administration of water saving;

  (6) reporting and stopping the acts of serious water-wasting and water-taking without authorization are proved to be true.

  Chapter IV Legal Liabilities

  Article 46 In case of violation of these regulations by taking one of the following acts, a department of water affairs shall order correction by a deadline; if correction has not been done after the deadline, a fine of more than 10,000 but less than 30,000 RBM shall be imposed:

  (1) unit users have failed to do the balance tests of water volume or to report the test results according to the rules;

  (2) water-supplying enterprises, key unit users have failed either to provide the related data for the departments of water affairs or to establish the data transmission systems of water supply, water consumption and water saving and shared data base according to the rules;

  (3) unit users have failed to manage water saving according to the rules.

  Article 47 In case of violation of these regulations by taking one of the following

  acts, a department of water affairs shall order correction and impose a fine of more than30,000 but less than 50,000 RMB:

  (1) a unit or an individual has failed to go through the formalities for water taking according to law, exploited underground water or extracted water by self-built facilities without authorization;

  (2) a water-supplying enterprise supplies water without authorization;

  (3) a unit user has stopped using already constructed water-saving facilities without authorization;

  (4) unprocessed water supplying units, unit users, water supplying enterprises, etc, have failed to manage and maintain the facilities of water supplying, water using in a proper way so that water resources have been wasted considerably;

  (5) water supplying enterprises have calculated as part of the cost of the water price the water consumed after the standards of the rate of leakage and loss of water in pipelines and networks, the proportional difference between produced water and consumed water in supply, the percentage of self-consumed water for production in the total volume of produced water of a water-supplying enterprise have been exceeded;

  (6) unit users have failed to adopt the water-saving measures to recycle water, recover and utilize the remaining water according to the requirements, etc.;

  (7) water supplying enterprises have failed to install water meters according to the rules, failed to collect water fees according to how much water is consumed, or collected fixed water fees for a fixed period;

  (8) units in charge of construction have failed to build the accessory facilities to use waste water, recycled water or seawater according to their plans.

  Article 48 In case of violation of the related rules of these regulations by

  producing, distributing and using the techniques, equipments, and products which should be disused according to the official decrees of the state, province, and municipality, a department of supervision of quality and technology shall order correction by a deadline; if correction has not been done after the deadline, a fine of more than 50,000 but less than 100,000 RMB shall be imposed.

  Article 49 If the party concerned refuses to accept specific administrative acts taken by a department of water affairs and the related departments, an application for administrative review may be filed or an administrative action may be taken according to law.

  Article 50 If the departments of water affairs and the related departments do not discharge their duties according to these regulations, administrative sanctions shall be imposed on the directly responsible chief officers and directly responsible persons according to law.

  If the personnel of the departments of water affairs and the relates departments abuse power, practice favoritism and engage in irregularities, and neglect duties, the units which they are affiliated with or the departments of supervision shall impose administrative sanctions according to law; if a crime has been constituted, the criminal responsibility shall be ascertained according to law.

  Chapter V Supplementary Provisions

  Article 51 The municipal government may draw up the detailed rules on implementation according to these regulations.

  Article 52 These regulations shall take effect as of March 1, 2005.

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