中华人民共和国水污染防治法（修正）（二）

the State Council or the people's government at the provincial level for approval. Plans for other river basins involving two or more counties but not involving different provinces shall be reported by the people's government of the province to the State Council for the record.

　　“The approved plans shall serve as the bases for the prevention and control of water pollution. Any amendment to an approved plan must be approved by the original approving department.

　　“Local people's governments at or above the county level shall， in accordance with the water pollution prevention and control plans for river basins already approved according to law， organize to formulate plans for the prevention and control of water pollution within their respective administrative areas， and shall incorporate such plans into the medium-and long-term plans and annual plans for the national economy and social development of their respective administrative areas.”

　　3. The third paragraph of Article 13 is amended as： “Facilities for the prevention and control of water pollution at a construction project must be designed， built and commissioned together with the principal part of the project. Such facilities must be inspected by the environmental protection department； if they do not conform to the specified requirements， the said project shall not be permitted to be put into operation or to use.”

　　Add a new paragraph as the fourth paragraph： “The environmental impact statement shall include views of units and residents where the construction project is to be located.”

　　4. The second paragraph of Article 14 is amended as： “The pollutant discharging units mentioned in the preceding paragraph shall report in time if any substantial change occurs in the categories， quantities or concentrations of the water pollutants discharged. Their water pollutant treatment facilities must be kept in normal use. When such facilities are to be dismantled or left idle， prior approval must be obtained from the environmental protection department of the local people's government at or above the county level.”

　　5. Delete the reading “and shall assume responsibility to eliminate and control the pollution” in Article 15. Add two new paragraphs thereto as the second and the third paragraphs respectively， which read： “The income derived from the discharge fee and the fee for excess discharge must be used for the prevention and control of pollution and shall not be appropriated for other purposes.

　　“Enterprises and institutions discharging pollutants in excess of the prescribed standards must work out a programme to eliminate and control the pollution， and report such programme to the environmental protection department of the local people's government at or above the county level for the record.”

　　6. Add a new article as Article 16： “Where the water pollutant discharge standards have been reached but cannot ensure the attainment of the water environment quality standards for water bodies， the people's governments at or above the provincial level may establish a system for controlling the total quantity of major pollutants discharged， and practise a system for determining the quantity of such major pollutants discharged among enterprises which are responsible for reducing the quantity of pollutants discharged. The State Council shall formulate specified measures therefor.”

　　7. Add a new article as Article 17： “The environmental protection department of the State Council may， in consultation with the water conservancy administration department under the State Council and the relevant people's government at the provincial level， and in accordance with uses and functions of water bodies of major river basins designated by the state and with local economic and technological conditions， set the water environmental quality standards applicable to provincial boundary water bodies of such major river basins， and report to the State Council and implement them after approval.”

　　8. Add a new article as Article 18： “The working organs for water resource protection of major river basins designated by the state shall be responsible for monitoring the state of environmental quality of provincial boundary water bodies within their respective river basin areas， and report the monitoring results in time to the environmental protection department and the water conservancy administration department of the State Council； if a leading organ for water resource protection of the river basin has been established with the approval of the State Council， the monitoring results shall in time be reported thereto.”

　　9. Article 10 is changed into Article 19 and amended as： “Urban sewage shall be disposed of in a centralized way.

　　“Competent departments under the State Council and local people's governments at various levels must incorporate into their plans of municipal construction the protection of urban water sources and the prevention and control of urban water pollution， construct and perfect municipal drainage systems， and construct urban sewage treatment facilities in a planned way， in order to strengthen the comprehensive improvement of urban water environment.

　　“Urban sewage treatment facilities shall， according to the state provisions， be used to provide paid service of sewage treatment for pollutant dischargers， and the fee for sewage treatment shall be collected to ensure the normal operation of sewage treatment facilities. Where sewage is discharged in turban sewage treatment facilities and the fee for sewage treatment has been paid therefor， the discharge fee shall not be levied. The income derived from the fee for sewage treatment so collected must be used for the construction and operation of urban sewage treatment facilities and may not be appropriated for other purposes.

　　“The State Council shall formulate specific measures for the collection of the sewage treatment fee， and for the management and utilization of urban sewage treatment facilities.”

　　10. Add a new arti

cle as Article 20： “People's governments at or above the provincial level may delineate protected zones for surface sources of domestic and drinking water according to law. Such protected zones include the first and other classes protected zones. Specific water and land areas in the vicinity of intakes at a surface source for domestic and drinking water may be delineated as a first class protected zone， and those water and land are as outside the first class protected zone be delineated as other class protected zone. Various classes protected zones shall have their definite geographical boundaries.

　　“The discharge of waste water into water bodies at the first class protected zones for surface sources of domestic and drinking water shall be prohibited.

　　“Tours， swims and other activities which might cause pollution to domestic and drinking water bodies within the first class protected zones shall be prohibited.

　　“Any new construction project or expansion unrelated to water supply facilities and to the protection of water sources within the first class protected zones for surface sources of domestic and drinking water shall be prohibited.

　　“People's governments at or above the county level shall， according to their limits of authorities specified by the State Council， order to dismantle or improve within a prescribed time period those sewage out falls already set up within the first class protected zones for surface sources of domestic and drinking water.

　　“The protection of domestic and drinking groundwater sources shall be strengthened.” The State Council shall formulate specific measures for the protection of domestic and drinking water sources.“

　　Delete the phrase “domestic and drinking water sources” in Article 12.

　　11. Add a new article as Article 22： “Enterprises shall adopt clean production techniques which are efficient in the use of raw materials and discharge small quantity of pollutants， and shall strengthen the management to reduce the water pollutants generated.

　　“The state establishes a system for eliminating those backward production techniques and equipment， which cause severe pollution to water environment.

　　“The competent comprehensive administrative department of economy under the State Council shall， in consultation with departments concerned under the State Council， announce a catalogue of techniques which cause severe pollution to water environment and of which the adoption is to be prohibited upon the expiration of a prescribed time period， as well as a catalogue of equipment which causes severe pollution to water environment and of which the production， sale， importation and use are to be prohibited upon the expiration of a prescribed time period.

　　“Producers， marketers， importers or users must， within the time limit specified by the competent comprehensive administrative department of economy in consultation with departments concerned under the State Council， stop respectively the production， sale， importation or use of equipment listed in the catalogue mentioned in the preceding paragraph. Adopters of production techniques must， within the time limit specified by the competent comprehensive administrative department of economy in consultation with departments concerned under the State Council， stop the adoption of techniques listed in the catalogue mentioned in the preceding paragraph.

　　“Equipment already eliminated according to the provisions in two preceding paragraphs may not be transferred to others for use.”

　　12. Add a new article as Article 23： “The state prohibits the establishment of any new small-size enterprise engaging in chemical

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