中华人民共和国水污染防治法（修正）（二）

paper pulp making， printing and dyeing， dyestuff， hide processing， electroplating， oil refining or agricultural chemical without measures for the prevention and control of water pollution， and other enterprises which may cause severe pollution to water enviro

nment.”

　　13. Add a new article as Article 26： “Water pollution disputes involving different administrative areas shall be settled through negotiation between or among local people's governments involved therein， or through co-ordination by their common higher people's government.”

　　14. Article 20 is changed into Article 28 and a new paragraph added as the second paragraph： “In the case of any pollution accident caused to fisheries， the fisheries administrative and superintendency agencies shall be responsible for its investigation and disposal.”

　　15. Add a new article as Article 39： “The agricultural administration department and other relevant departments of a local people's government at or above the county level shall take measures to instruct agricultural producers to apply chemical fertilizers and pesticides in a scientific and rational manner， and control the excessive use of chemical fertilizers and pesticides， so as to prevent water pollution therefrom.”

　　16. Add a new article as Article 47： “If， in violation of the provisions of the third paragraph of Article 13 in this Law， a construction project is put into operation or to use when its facilities for the prevention and control of water pollution have not completed or fail to meet the state specified requirements， the environmental protection department that approved the environmental impact statement of the said project shall order the violator to stop the operation or use of the project and may concurrently impose a fine.”

　　Delete Item （2） in Article 37.

　　17. Add a new article as Article 48： “If a pollutant discharging unit， in violation of the provisions of the second paragraph of Article 14 in this Law， intentionally does not keep its water pollutant treatment facilities in normal use， or dismantles or leaves idle such facilities without approval of the environmental protection department， there by discharging pollutants in excess of prescribed standards， the environmental protection department of a local people's government at or above the county level shall order it to restore such facilities to the normal use， or set a time limit for it to reinstall and reuse such facilities， and concurrently impose a fine.”

　　18. Add a new article as Article 49： “If anyone， in violation of the provisions of the fourth paragraph of Article 20 in this Law， establishes within the first class protected zones for surface source of domestic and drinking water any new construction or expansion project unrelated to water supply facilities and to the protection of water sources， the people's government at or above the county level shall， according to its limit of authorities specified by the State Council， order the violator to suspend operations or close down.”

　　19. Add a new article as Article 50： “If anyone， in violation of the provisions of Article 22 in this Law， produces， sells， imports or uses equipment， or adopts techniques， which have already been prohibited， the competent comprehensive administrative department of economy of the people's government at or above the county level shall order the violator to make correction； if the circumstances are serious， the said department shall propose and report to the people's government at the corresponding level for an order of suspension of operations or shutdown issued within its limit of authorities specified by the State Council.”

　　20. Add a new article as Article 51： “If anyone， in violation of the provisions of Article 23 in this Law， establishes any small-size enterprise without measures for the prevention and control of water pollution， thereby causing severe pollution to water environment， the local people's government at the city or county level or the higher people's government shall order to shut down such enterprise.”

　　21. Article 39 is changed into Article 53 and amended as： “A pollutant discharging unit which violates this Law， there

by causing a water pollution accident， shall be fined according to the consequent damage and loss by the competent environmental protection department of the local people's government at or above the county level in the place where the accident takes place.

　　“In the case of a pollution accident caused to fisheries or caused by vessels， the competent fisheries administration and superintendency agency or the navigation office of the competent transportation department in the place where the accident takes place shall impose a fine respectively according to the consequent damage and loss.

　　“If the circumstances are serious in a water pollution accident， the persons responsible shall be subject to disciplinary sanction by the unit to which they belong or by a higher competent authority.”

　　22. Add a new article as Article 58： “Personnel conducting supervision and management of environmental protection or other relevant state personnel who abuses his power， neglects his duty or engages in malpractices for personal gains shall be given disciplinary sanction by the unit to which he belongs or the competent higher authorities： if his act constitutes a crime， he shall be investigated for criminal responsibility according to law.”

　　23. Add a new article as Article 59： “With regard to individual businesses that discharge pollutants into water bodies and cause severe pollution， standing committees of the people's congresses of the provinces， autonomous regions and municipalities directly under the Central Government shall formulate measures therefor in accordance with the principles in the provisions of this Law.”

　　This Decision comes into force on the date of the promulgation.

　　The Law of the People's Republic of China on the Prevention and Control of Water Pollution shall be republished after being correspondingly revised according to this Decision

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