中华人民共和国水污染防治法实施细则 RULES FOR IMPLEMENTATION OF THE LAW OF THE PEOPLES REPUBLIC OF CHINA ON THE PREVEN

（Approved by the State Council on July 12， 1989， promulgated by Decree No. 1 of the State Bureau of the Environment Protection on July 12， 1989）
时效性：失效　 颁布日期：19890712 　实施日期：19890901 　失效日期：20000320 　颁布单位：国家环保局

　　Chapter I General Provisions

　　Article 1 These Rules are formulated according to provisions of Article 45 of the Law of the People's Republic of China on the Prevention and Control of Water Pollution.

　　Article 2 Competent departments under the State Council and local people's governments at various levels shall incorporate water environment protection into their national economic and social development plans.

　　Economic and construction departments of people's governments at various levels shall， in the light of there quire ments for water environment protection set forth by the people's government at the corresponding level， incorporate water environment protection into their production and construction plans.

　　Article 3 Funds， materials and equipment needed for the prevention and control of water pollution in a construction project shall be arranged together with the principal part of the project.

　　Article 4 Local supplementary water environment quality standards and local pollutant discharge standards involving two or more provinces， autonomous regions or municipalities directly under the central government shall be established through consultation by relevant provinces， autonomous regions or municipalities directly under the central government， and be submitted to the environmental protection department under the State Council for record.

　　Article 5 Units and individuals having made remarkable contributions to the prevention and control of water pollution shall be awarded by people's governments.

　　Chapter II Supervision and Management of the Prevention and Control of Water Pollution

　　Article 6 When projecting the minimum discharge of a dam of large or medium-sized reservoirs， competent departments under the State Council and competent departments under local people's governments at various levels shall take into consideration the sustain ment of the natural purification capacity of water bodies in the lower reaches， and solicit opinions from environmental protection departments of the people's governments at county level or above at the places concerned.

　　Article 7 With regard to the planning and adjustment of various water body reserves， environmental protection departments at county level or above shall， in conjunction with other relevant departments， put forward a plan and submit it to the people's government at the corresponding level for approval； if two or more provincial- or county-level administrative regions are involved， the plan shall be submitted to their higher-level people's government for approval.

　　Article 8 With regard to construction projects using imported technologies or equipment and with a need to discharge pollutants into water bodies， facilities for the prevention and control of water pollution shall be provided， so as to ensure the pollutant discharge by the project shall not be in excess of the national or local pollutant discharge standards.

　　Article 9 Enterprises and institutions discharging pollutants into water bodies must submit a Report and Registration Form for Pollutant Discharge to the local environmental protection department. Upon receipt of the Report and Registration Form for Pollutant Discharge， the environmental protection department shall， after investigation and verification， issue pollutant discharge licenses to those whose pollutant discharges are not in excess of the national or local pollutant discharge standards or the overall pollutant discharge indexes set for enterprises and institutions by the state.

　　Those discharging pollutants in excess of the national or local pollutant discharge standards or the overall pollutant dischar

ge indexes set for enterprises and institutions by the state shall be ordered to make elimination or control of pollution within a specified period， and a temporary pollutant discharge license shall be issued to them for said period.

　　Overall pollutant discharge indexes for newly constructed， reconstructed or extended enterprises and institutions shall be determined according to the environmental impact statements.

　　Overall pollutant discharge indexes for the existing enterprises and institutions shall be determined according to the environment quality standards， the local situation of pollutant discharge and the economic and technical conditions.

　　Measures for the administration of pollutant discharge license shall be formulated separately by the environmental protection department under the State Council.

　　Article 10 With submission of a Reporting and Registration Form for Pollutant Discharge， enterprises and institutions discharging pollutants in excess of the national or local pollutant discharge standards shall give reasons for the excess as well as their measures for eliminating or controlling the pollution within a time limit.

　　Article 11 When any pollutant treatment facilities are to be dismantled or left idle， a report shall be submitted in advance to the local environmental protection department with the reasons given. After receiving the report， the environmental protection department shall give answer within one month； failure to give answer within one month shall be deemed as approval.

　　Article 12 Units who are ordered to make elimination or controlling of pollution within a time limit shall report regularly the progress of the elimination or control to the environmental protection department.

　　Environmental protection department shall inspect the elimination or controlling situation， check and accept the completed project for elimination or controlling， and report the checking and accepting results to the people's government at the corresponding level.

　　Article 13 For making on-site inspections on the pollutant discharging units under their jurisdiction， the environmental protection departments or relevant supervisory and administrative departments of people's governments at various levels must hold an inspection certificate issued by the environmental protection department of the people's government at the province-governed city level or above.

　　Article 14 When making on-site inspections， the environmental protection departments or relevant supervisory and administrative departments of people's governments at various levels may， according to the actual needs， require the units being inspected to provide the following information and materials：

　　（1） the situation of pollutant discharge；

　　（2） the situation of functioning， operation and management of the pollutant treatment facilities；

　　（3） models of the monitoring instruments and equipment and the results of calibration；

　　（4） monitoring and analysis methods adopted and monitoring records；

　　（5） the situation of the elimination or control ordered to be completed within a time limit；

　　（6） information about accidents and relevant records；

　　（7） information about the adoption and use of productive technologies and raw or processed materials related to pollution； and

　　（8） other information and materials related to the prevention and control of water pollution.

　　Article 15 If a water pollution accident is caused by an enterprise or institution， the enterprise or institution shall， within 48 hours after the occurrence of the accident， submit a preliminary report to the local environmental protection department on the time， location and the type of the accident， the pollutant discharge volume， the economic losses and the situation of victims， etc. and， upon completing the investigation of the accident， make a writt

en report to the local environmental protection department on the cause， course and the harmfulness of the accident， the measures adopted， the settlement results， the potential or indirect harmfulness， social effects and legacies of the accident and the future precaution measures， etc.， with relevant certifications attached.

　　Upon receipt of the preliminary report on the water pollution accident， the environmental protection department shall， in conjunction with other relevant departments， promptly adopt measures to reduce or eliminate the pollution， and conduct monitoring on the water bodies that the accident may have endangered. The accident shall be investigated and dealt with by the environmental protection department or other relevant department authorized by it.

　　Chapter III Prevention of Surface Water Pollution

　　Article 16 When any sewage out fall needs to be relocated， the pollutant discharging unit shall make a motion on the basis of technical demonstration， and submit it to the environmental protection department of the people's government at county level or above for approval.

　　Article 17 If any sewage out fall is to be located near a water body reserve， approvals must be obtained in advance from the environmental protection department of the people's government at county level or above and the competent department for the water body reserve.

　　Article 18 When industrial waste water or urban sewage is used for irrigation， the agricultural department of the people's government at county level or above shall conduct regular monitoring on the quality of the waste water or sewage， the soil and the agricultural products， and adopt appropriate measures to protect the soil， groundwater or agricultural products from pollution.

　　Article 19 Ships navigating in

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