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深圳经济特区饮用水源保护条例(修正) Regulations of Shenzhen Special Economic Zone on Protection for the Sources of Dr

2009-03-24 法律英语 来源:互联网 作者:
e regulations.

  Article 25 In order to undertake development, production and other activities, effective measures shall be taken to prevent damage to vegetation and soil erosion.

  For land development, and earth-taking, earth-bulldozing, earth-filling and other earthwork projects, th

e effective measures to conserve water and soil such as retaining walls, slope protection, etc. shall be taken before starting operation, the vegetation shall be restored after construction has been completed, the completed construction shall be put to use only after passing the examination and acceptance done by a related responsible department.

  Article 26 The departments of environmental protection shall organize a clean-up of the pigs, cattle, and sheep raised in a protection area of sources of drinking water and arrange dismantling of the related raising facilities. The people’s governments of the related districts and townships, committees of village residents (city residents) shall be responsible for specific clean-up and dismantling, the related departments shall offer their cooperation.

  Article 27 It shall be forbidden to use seepage pits, seepage wells, crevices, water-eroded caves and other improper ways for discharging waste water. Effective measures shall be taken to prevent polluting of groundwater in case of engaging in development, production and other activities.

  Article 28 In case of an unexpected accident within a protection area of sources of drinking water or in other places of sources of water, which has incurred or may cause polluting of the waters of sources of drinking water, the related responsible units or individuals shall take emergency measures, inform the units and residents who might be affected by the damage of pollution, and report to a department of environmental protection in 2 hours for investigation and settlement. After receiving the report, the department of environmental protection shall take effective measures promptly, prevent further pollution and reduce its damage.

  Article 29 When sources of drinking water being polluted and jeopardizing the safe water supply, a department of environmental protection shall have the right to order that the units and individuals causing the pollution of sources of drinking water take emergency measures such as to stop production, to stop discharging pollutants, etc.

  Chapter IV Legal Liabilities

  Article 30 In case of one of the following acts, either departments of environmental protection or related responsible administrative departments shall, under their respective jurisdiction, order correction, and impose a fine of more than 5,000 but less than 50,000 RMB:

  (1) in violation of Article 12 of these regulations, to do damage to a boundary marker for a protection area of sources of drinking water;

  (2) in violation of Item (3) of Article 13 of these regulations, to discharge and dump waste water to reservoirs;

  (3) in violation of Items (5), (7) of Article 13 of these regulations, to set up recycling and processing yards for industrial and other waste which may pollute sources of drinking water or to dump garbage, feces, residue soil, and other waste to the waters of sources of drinking water;

  (4) in violation of Item (10) of Article 13 of these regulations, to destroy forest for opening land and planting fruit trees;

  (5) in violation of Items (1), (3), (4) of Article 14 of these regulations, to store, use extraordinarily poisonous, high-residue pesticides and to store extraordinarily poisonous substance, or to use extraordinarily poisonous substance, pesticides and chemical fertilizer, without approval, which cause polluting of sources of drinking water, to fill and cover up industrial , consumer garbage and other waste as well as to dispose of and pile up them temporarily without effective measures, or to fail to take effective measures for pollution preventing when storing, shipping, and using articles which might pollute sources of drinking water;

  (6) in violation of Article 19 of these regulations, to fail to take effective measures for prevention and control of pollution when engaging in production, development and other activities

in a place of sources of drinking water which has not been designated as a protection area of sources of drinking water;

  (7) in violation of Article 23 of these regulations, to discharge untreated consumer waste water, garbage without authorization;

  (8) in violation of Article 24 of these regulations, to rent land, buildings, structures to other people to engage in the production and activities which are forbidden by these regulations for polluting sources of drinking water.

  Article 31 In case of one of the following acts, either departments of environmental protection or related responsible administrative departments shall order correction and impose a fine of more than 10,000 but less than 100,000 RMB:

  (1) in violation of Items (2), (6) of Article 13 of these regulations, to set up a new waste discharging outlets toward sources of drinking water or to pile up, fill and cover up, and dump dangerous waster over there;

  (2) in violation of Item (8) of Article 13, Item (2) of Article 15 of these regulations, to ship extraordinarily poisonous substance without authorization or fail to take effective measures to prevent pollution in shipping;

  (3) in violation of Items (3), (4) of Article 15 of these regulations, to engage in livestock breeding or fish farming by mesh boxes and other activities of aquaculture which may pollute sources of drinking water, or to fail to abide by the law, regulations concerning prevention and control of pollution of sources of water when engaging in breeding and planting;

  (4) in violation of Item (5) of Article 15 of these regulations, to dump, fill and cover up garbage, feces, residue soil, and other waste within a Level 1 protection area of sources of drinking water;

  (5) in violation of Item (6) of Article 15 of these regulations, to drive a motorboat, to pilot a waterplane, and to engage in other activities polluting sources of drinking water;

  (6) in violation of Article 27 of these regulations, to pollute sources of groundwater;

  (7) in violation of Article 28 of these regulations, to fail to report to a department of environmental protection when an accident to pollute sources of drinking water taking place or to fail to take emergency measures according to the rules.

  Article 32 In case of violation of Item (6) of Article 15 of these regulations by swimming, washing in the waters of sources of drinking water, the departments in charge of water affairs shall order correction and impose a fine of more than 200 but less than 2,000 RMB on each person.

  Article 33 In case of violation of Article 16 of these regulations, a heavy penalty shall be imposed according to related law, regulations.

  In case of violation of Items (1), (4), (9) of Article 13, Items (2), (5) of Article 14, Item (1) of Article 15 of these regulations, in addition to a heavy penalty according to related law, regulations, a department of environmental protection shall order stopping operation or the departments in charge of planning and land resources shall do dismantling according to law.

  Article 34 In case of violation of Item (9) of Article 13 of these regulations by raising pigs, cattle, and sheep within a protection area of sources of drinking water, in addition to the clean-up and dismantling done according to Article 26 of these regulations, a department of environmental protection may confiscate illegal appliances, products and illegal earnings, and impose on the person of illegal act a fine of 200 RMB per head according to the number of illegally raised livestock.

  Article 35 In case of violation of Item (1) of Article 18 of these regulations and failing in completion of rectifying by an ordered deadline, a department of environmental protection shall order stopping use of facilities causing pollution, and impose a fine of more than 10,000 but less than 100,000 RMB; if the case is

serious, an order shall be given to stop operation and to close. In case of failing to stop operation, close or change the type of production after the term of business has expired, a department of environmental protection shall order correction and impose a fine of more than 10,000 but less than 100,000 RMB.

  Article 36 For a unit or individual causing an accident of polluting of sources of drinking water in violation of law , regulations of environmental protection, a department of environmental protection shall, jointly with the related responsible administrative departments, order taking effective measures for settlement and remedy, and impose a fine of more than 10,000 but less than 100,000 RMB or 30% of the loss directly incurred by the pollution of the accident; as for the damage to the resources of water sources, the department of environmental protection shall, jointly with the department in charge of water affairs, order compensation for the loss suffered by the state.

  For the related responsible persons causing the accident of polluting of sources of drinking water, the units they are affiliated with or the responsible offices at a higher level shall impose disciplinary sanctions; if the case is serious enough to constitute a crime, the criminal responsibilities shall be ascertained according to law.

  Article 37 For those whose permit or business license, according to law, should be revoked because of their acts of polluting sources of drinking water, the department of environmen

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