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

land rivers shall be equipped with pollution-prevention equipment which conforms to the ship's pollution prevention structure and equipment standards stipulated by the state， and must hold a certificate of quality issued by ship inspection authorities.

　　Ships without pollution-prevention equipment or with the equipment that fails to conform to the ship's pollution-prevention structure and equipment standards stipulated by the state shall be ordered to come up to the specified standards within a time limit.

　　Article 20 Ships navigating inland rivers must hold pollution-prevention documents or record documents stipulated by the navigation administration. Tankers of 150 total tonnage or more and non-tankers of 400 total tonnage or more must hold oil record books.

　　Article 21 Harbors and wharves shall be equipped with receiving and treatment facilities for oil-bearing waste water， night soil and refuse.

　　Waste oil， residual oil or refuse of ships shall not be discharged into water bodies but the receiving facilities.

　　Article 22 Ships in harbor to conduct the following operations must submit an application to the navigation administration in advance and， after approval， conduct the operations within the designated areas in accordance with relevant provisions：

　　（1） washing decks or holds of ships carrying poisonous goods or dusty goods in bulk；

　　（2） discharging ball a sting water， hold washing water， waste water from engine room or other residual substances； or

　　（3） making use of anti-oil chemicals.

　　Article 23 When loading or unloading a ship in harbor or wharf with oil goods or other poisonous， corrosive or radioactive goods， the ship or the operating unit must adopt measures for guarding against water pollution.

　　Article 24 If an accident occurs to a ship resulting in causing or likely causing pollution to water bodies， the navigation administration shall arrange compulsory salvage and elimination or compulsory tug. The expenses arising therefrom shall be borne by the ship responsible for the accident.

　　Article 25 Units eng

aging in shipbuilding or ship repairing， disassembling or salvage must have pollution-prevention equipment. When taking operations， they shall adopt measures to protect water bodies from pollution by oil， oil mixtures or other refuses.

　　Chapter IV Prevention of Groundwater Pollution

　　Article 26 In exploiting groundwater from multiple aquifers， layered exploitation shall be resorted to and no combined exploitation shall be permitted with regard to the following aquifers：

　　（1） aquifers with salt water， semi-salt water or brine water；

　　（2） polluted aquifers；

　　（3） aquifers with poisonous or harmful elements in excess of the domestic and drinking water hygiene standards； and

　　（4） aquifers with underground hot water， hot spring or mineral water which is of medical value or special economic value.

　　Article 27 When any exploration project needs to expose or run through aquifers， the work of stopping water and sealing holes aquifer by aquifer shall be done well in accordance with relevant regulations.

　　Article 28 If any grotto or civil air defenses is to be used for other purposes， seepage prevention measures must be adopted.

　　Article 29 If a mine shaft or pit discharges poisonous or harmful waste water， water-collection installations must be constructed around the deposit， and measures must be adopted for guarding against underground water pollution.

　　Article 30 Water used for artificial recharge of groundwater shall basically conform to the quality standards for domestic and drinking water sources， and an approval shall be obtained in advance from the public health department of the people's government at county level or above.

　　Chapter V Legal Liability

　　Article 31 Fines under Article 37 of the Law of the People's Republic of China on the Prevention and Control of Water Pollution shall be implemented in accordance with the following provisions：

　　（1） those who commit the act listed in Item （1）， Paragraph 1， Article 37 of the Law of the People's Republic of China on the Prevention and Control of Water Pollution， refusing to report or submitting a false report on items for which registration is required for the discharge of pollutants， may be given a fine between 300 and 3，000 yuan；

　　（2） those who commit the act listed in Item （2）， Paragraph 1， Article 37 of the Law of the People's Republic of China on the Prevention and Control of Water Pollution， putting into operation a construction project whose water pollution control facilities have not been completed， may be given a fine between 10，000 and 50，000 yuan； those putting into operation a construction project whose water pollution control facilities fail to meet the requirements specified in state provisions for environmental protection management for construction projects may be given a fine between 5，000 and 20，000 yuan；

　　（3） those committing the act listed in Item （3）， Paragraph 1， Article 37 of the Law of the People's Republic of China on the Prevention and Control of Water Pollution may be given a fine between 300 and 3，000 yuan；

　　（4） those who commit the act listed in Item （4）， Paragraph 1， Article 37 of the Law of the People's Republic of China on the Prevention and Control of Water Pollution， storing or piling any pollutant or waste， may be given a fine between 2，000 and 50，000 yuan； those abandoning， dumping or discharging any pollutant may be given a fine between 5，000 and 100，000 yuan； and

　　（5） those who commit the act listed in Item （5）， Paragraph 1， Article 37 of the Law of the People's Republic of China on the Prevention and Control of Water Pollution， failing to pay， as provided for by the state， the fee for pollutant discharge， may be given a fine between 1，000 and 10，000 yuan in addition to demanding the arrears of the fee for pollutant discharge or for excess discharge and the late payment fine.

　　Article 32

A fine made under Paragraph 1， Article 38 of the Law of the People's Republic of China on the Prevention and Control of Water Pollution shall be between 10，000 and 100，000 yuan.

　　Article 33 Fines under Article 39 of the Law of the People's Republic of China on the Prevention and Control of Water Pollution shall be implemented in accordance with the following provisions：

　　（1） enterprises or institutions causing a water pollution accident may be given a fine between 10，000 and 50，000 yuan； and

　　（2） if heavy economic losses are caused， the fine shall be 30% of the losses， with a maximum of 200，000 yuan.

　　Article 34 Those， without a pollutant discharge license or a temporary pollutant discharge license， discharging pollutants not in excess of the pollutant discharge standards stipulated by the state shall be given a warning and ordered to obtain a license within a time limit， and may be concurrently given a fine between 300 and 5，000 yuan.

　　Those discharging pollutants not in accordance with provisions by the formal or temporary pollutant discharge license shall be ordered to make corrections within a time limit and a fine between 5，000 and 100，000 yuan shall be given. If the circumstances are serious， the formal or temporary pollutant discharge license may be revoked.

　　Article 35 A fine given by the environmental protection department of the people's government at county level may be up to 10，000 yuan. Those exceeding 10，000 yuan shall be submitted to the higher-level environmental protection department for approval.

　　A fine given by the environmental protection department of the people's government at province-governed city level may be up to 50，000 yuan. Those exceeding 50，000 yuan shall be submitted to the higher-level environmental protection department for approval.

　　A fine given by the environmental protection department of the people's government of province， autonomous region or municipality directly under the central government may be up to 200，000 yuan.

　　Article 36 Paying the fee for pollutant discharge or for excess discharge or being given a warning or fine does not mean that the relevant unit or individual may be exempted from the responsibility to eliminate the pollution， remove the dangers or compensate the losses.

　　Chapter VI Supplementary Provisions

　　Article 37 In case of any discrepancy between China's law and any international treaty or agreement concluded or acceded to by the People's Republic of China concerning the prevention and control of water pollution of international rivers or lakes or rivers or lakes along international borders， the latter shall prevail， with the exception that China has stated reservation.

　　Article 38 Relevant departments of the State Council and people's governments of various provinces， autonomous regions or municipalities directly under the central government may formulate their own implementing measures according to the Law of the People's Republic of China on the Prevention and Control of Water Pollution and these Rules and in the light of the actual situation of their own departments or areas.

　　Article 39 These Rules shall enter into force on September 1， 1989

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