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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 TH

2009-03-24 法律英语 来源:互联网 作者:
ain 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 a

reas 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 peop

le'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

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