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

n 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 pol

lution 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 s

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