Announcement of the Standing Committee of Shanghai
Municipal People¡¯s Congress
No. 17
The Regulations of Shanghai Municipality on the Protection of Drinking Water Source were adopted at the 15th Session of the Standing Committee of the 13th Shanghai Municipal People¡¯s Congress on December 10, 2009, and are hereby promulgated. They shall be effective as of March 1, 2010.
The Standing Committee of Shanghai Municipal People¡¯s Congress
December 10, 2009
Regulations of Shanghai Municipality on the
Protection of Drinking Water Source
(Adopted at the 15th Session of the Standing Committee of the 13th Shanghai
Municipal People¡¯s Congress on December 10, 2009)
Chapter I General Provisions
Article 1
With a view to strengthening the protection of drinking water source, improving the quality of drinking water, ensuring the safety of drinking water, guaranteeing the citizens¡¯ health and safety, and promoting a comprehensive, harmonious and sustainable development of the economy and society, these Regulations are formulated in accordance with the Law of the People¡¯s Republic of China on the Prevention of Water Pollution, the Water Law of the People¡¯s Republic of China, and other laws and administrative regulations, and in the light of the actual circumstances of this Municipality.
Article 2
These Regulations apply to the protection of the drinking water source and all related managerial activities within the administrative areas of this Municipality
The ¡°drinking water source¡± mentioned in the preceding clause refers to the surface water source which supplies the water supply enterprises, including the drinking water sources of the upper reach of Huangpu River, Qingcaosha, Chenhang, Chongming Dongfengxisha, and other drinking water sources.
Article 3
The municipal and district/county people¡¯s governments shall incorporate the protection of the drinking water source into the planning of the national economy and social development, increase the investment in the protection of the drinking water source, rationally adjust the industrial structure and layout in the protected areas, and take measures to push ahead with the intensification of water supply, and thus to promote the coordinated development of economic construction and the protection of the drinking water source.
The municipal and district/county people¡¯s governments shall be responsible for the water environment quality of the drinking water source within their jurisdictions. The protection of the drinking water source shall be incorporated into the evaluation of the environmental protection work of the municipal and district/county people¡¯s governments.
Article 4
Shanghai municipal competent administrative department of environmental protection (hereinafter referred to as the municipal environmental protection department) shall be responsible for the unified supervision and administration over the protection of the drinking water source in this Municipality.
The competent administrative department of environmental protection of the district/county people¡¯s governments (hereinafter referred to as the district/county environmental protection department) shall be responsible for the supervision and administration over the protection of the drinking water source within their jurisdictions.
The administrative department of port, maritime shall be responsible for the supervision and administration over the prevention of harbor¡¯s and/or ship¡¯s pollution to the drinking water source.
The related administrative department of development & reform, water affairs, planning, land and resources, public health, agriculture, forestry£¬shall do well in the protection of the drinking water source according to their respective functions and duties.
Article 5
Any unit or individual person hall be liable for the protection of the environmental quality of the drinking water source and the related protective facilities, and have the right to report the acts of polluting the drinking water source or destroying the related protective facilities to the environmental protection department or such other departments.
Any unit or individual person that is found outstanding in protecting the drinking water source shall be honored or rewarded by the municipal or district/county people¡¯s government.
Article 6
This Municipality has set up an ecological compensation system for the protection of the drinking water source. The municipal and district/county people¡¯s governments shall set up such related systems as the financial transfer payment of the ecological compensation for the protection of the drinking water source, to expedite the coordinated development of the protected areas and other areas. The specified procedures thereof shall be drawn up into a scheme by the municipal development & reform administrative department, jointly with the municipal finance administrative department, and be put into force upon the approval of the Municipal People¡¯s Government.
Article 7
This Municipality has set up a coordination and collaboration mechanism for the protection of the drinking water source together with relevant provinces and cities in the Yangtze valley or Taihu basin. The relevant municipal administrative department of environmental protection, and water affairs shall strengthen the communication with the administrative organs in the Taihu basin and Yangtze valley as well as the corresponding departments of relevant provinces and cities for a well coordinated pollution prevention and treatment for the drinking water sources in this Municipality.
Chapter II Protection of Drinking Water Source
Article 8
The municipal environmental protection department shall, jointly with relevant administrative department of development & reform, water affairs, public health, and planning, land and resource, organize the formulation of a planning for the protection of drinking water source according to the municipal planning of national economy and social development, as well as the functional division of the water environment, and implement the planning upon the approval of the Municipal People¡¯s Government.
Article 9
The protected areas of the drinking water source shall be classified as Class A and Class B Reserves, and a sub-reserve of certain extent may be defined outside of the protected area, if necessary.
The division and adjustment of the reserves of drinking water sources of the upper reach of Huangpu River, Qingcaosha, Chenhang, Chongming Dongfengxisha shall be proposed by the municipal environmental protection department, jointly with relevant municipal administrative department of development & reform, water affairs, public health, port, maritime, and planning, land and resources, as well as relevant district/county people¡¯s governments, and shall be publicized and implemented upon the approval of the Municipal People¡¯s Government. The division and adjustment of the other reserves of drinking water sources shall be proposed by the district/county people¡¯s government, and shall be publicized and implemented upon the approval of the Municipal People¡¯s Government.
The division of the reserves and sub-reserves of drinking water sources shall meet the corresponding technical norms.
Article 10
The municipal or district/county people¡¯s government shall install demarcations of the reserves of drinking water sources of all classes, and set up warnings at prominent locations.
No unit or individual person is permitted to remove or damage the demarcations or warnings of the reserves of drinking water sources.
Article 11
This Municipality exercises a closed management on Class A Reserves of drinking water sources except that of the upper reach of Huangpu River.
Within Class A Reserves, the following activities are prohibited:
1. newly constructing, reconstructing, or expanding any project that is irrelevant to water supply facilities or water source protection;
2. cage fishery, tourism, swimming, or angling;
3. navigating, anchoring, loading or unloading of ships, except the permitted navigation according to Article19 of these Regulations in the Class A Reserves of the upper reach of Huangpu River drinking water source;
4. using chemical fertilizer or chemical pesticide; or
5. any other activity that is likely to pollute the drinking water body.
In Class A Reserve of drinking water sources, any constructed projects irrelevant to water supply facilities or water source protection shall be ordered to be demolished or shut down within a prescribed time limit by the municipal or district/county people¡¯s government.
Article 12
Within Class B Reserves of drinking water sources, the following activities are prohibited:
1. installing draining outlets;
2. newly constructing, reconstructing, or expanding any project that drains pollutants;
3. setting up storage or stacking sites for solid waste;
4. building farms of livestock or poultry;
5. ship to ship transfer operation of dangerous cargo on the water;
6. draining domestic wastes or sewages into the water body;
7. cleaning vehicles in the water body;
8. cleaning containers or packing materials that have held oily materials or toxic or harmful pollutants;
9. flushing ship deck, or draining the flushing water or ballast water into the water body;
10. engaging in feeding culture in Dingshanhu, Yuandang within the Reserve of the upper reach of Huangpu River drinking water source; or
11. draining all other likely pollutants into the water body.
The municipal and district/county people¡¯s governments shall organize the construction of sewage collecting pipe networks in Class B Reserves of drinking water sources.
Within Class B Reserves of drinking water sources, any constructed projects that drain pollutants shall be ordered to be demolished or shut down within a prescribed time limit by the municipal or district/county people¡¯s government.
Article 13
Where projects related to water supply facilities and water source protection are constructed in Class A Reserves of drinking water sources, or projects with no drainage of pollutants are constructed in Class B Reserves of drinking water sources, the environmental influence evaluation documents shall be examined and approved by the municipal environmental protection department, or shall follow the State¡¯s provisions if existing.
Article 14
In sub-reserves of drinking water sources, the following activities are prohibited:
1. newly constructing, or expanding projects that pollute the water body or reconstructing projects that increase pollutant discharges;
2. setting up stacking or disposal sites for dangerous wastes or domestic wastes;
3. cleaning vehicles, containers or packing materials that have held oily materials or toxic or harmful pollutants;
4. draining toxic or harmful materials such as sewages containing heavy metal, pathogen, oily materials, or acid or alkaline materials into the water body;
5. stacking, dumping, or burying various solid wastes such as flyash, offscum, radioactive substances, or toxic or harmful materials; or
6. newly constructing large-scale farms of livestock or poultry.
As for the existing farms of livestock and poultry in the sub-reserves of drinking water sources, the dung thus discharged shall be returned to the cropland ecologically, or used to produce methane or organic manure.
The municipal environmental protection department shall draw up the municipal standard of pollutant discharging and the requirement of total discharges for the sub-reserves of drinking water sources. In the sub-reserves, the pollutant discharging shall meet the municipal standard and the requirements set for the sub-reserves.
Article 15
Water affairs department shall strengthen the administration over the draining outlets in the sub-reserves of drinking water sources. Constructions, reconstructions or expansions of draining outlets in rivers or lakes shall first be approved by the water affairs department, and then be examined and approved by the environmental protection department according to law.
Article 16
The municipal or district/county people¡¯s government may levy or requisite the land in the reserves and sub-reserves of drinking water sources for growing conservation forests to safeguard the quality of drinking water sources.
Land for growing conservation forests shall be reserved in the reserves and sub-reserves of drinking water sources. The administrative department of forestry shall organize the construction of the conservation forests in the reserves and sub-reserves of drinking water sources according to the municipal forestry development scheme and the annual implementation plan, and designate a maintenance unit for the forestation.
Article 17
In case that agricultural plantings are going on in Class B Reserves and sub-reserves of drinking water sources, the technique of fertilizer application according to formulation based on soil test shall be adopted, and organic manure and bio-pesticides shall be used, while the use of chemical fertilizers and chemical pesticides shall be lessened in order to prevent drinking water sources from being polluted.
In case that feeding cultures are going on in Class B Reserves or sub-reserves within the upper reach of Huangpu River drinking water source protection area, but outside Dianshanhu and Yuandang, the culturists or culturing units shall cast bait and deliver drug reasonably in order to prevent drinking water sources from being polluted.
Article 18
In Class B Reserves and sub-reserves of drinking water sources, new constructions, reconstructions or expansions of loading and unloading docks of dangerous cargo shall be prohibited. In Class B Reserves of drinking water sources, the existing loading and unloading docks of dangerous cargo shall be demolished within a prescribed time limit or shut down by the municipal or district/county people¡¯s government.
In Class B Reserves or in sub-reserves of drinking water sources, the business units of harbors or docks shall take such measures as installing sewage intake tube and prevention of cargo from dropping into the water body to prevent the drinking water sources from being polluted.
Article19
In Class A Reserves of Qingcaosha water source, Chenhang water source, and Chongming Dongfengxisha water source, ship navigations are prohibited.
In the waters of other reserves of drinking water sources except those listed in the preceding clause, ships carrying dangerous chemicals or dangerous wastes (except used mineral oil), which are prohibited by the State from being transported, are prohibited to navigate.
Where a ship carrying other dangerous cargos needs to navigate into the waters defined in Clause 2 of this Article, the ship must be equipped with facilities and equipment to prevent pollutants from scattering, overflowing, and seeping, and a report shall be submitted to the maritime administrative department 24 hours before the ship entering the waters; the dangerous cargo transport shall be supervised by the designated crew member when the ship enters the waters, and if abnormalities occur, measures must be taken in time, and a report to the maritime administrative department shall be made immediately.
Where a ship carrying cargos other than dangerous ones needs to navigate into the waters defined in Clause 2 of this Article, the ship shall be equipped with facilities and equipment to prevent pollutants from scattering, overflowing, and seeping.
Chapter III Supervision and Administration
Article 20
The municipal and district/county environmental protection departments shall strengthen the real-time monitoring over the quality of drinking water sources, and set up a monitoring information system of the quality of drinking water sources; and shall report to the people¡¯s governments at the same level, and take effective measures to prevent the drinking water sources from being polluted, if abnormalities occur.
The municipal environmental protection department shall set up a safety evaluation mechanism for the drinking water sources, and unitarily collect and periodically issue the relevant information about the quality of drinking water sources.
The water supply enterprises shall practice a real-time monitoring over the water quality; and shall take effective measures and report to the water affairs and the environmental protection departments, if abnormalities occur.
Article 21
The municipal and district/county environmental protection departments shall strengthen the supervision and inspection over the pollutant discharge in the reserves of drinking water sources, and where a pollution source which pollutes the drinking water sources is found, shall order the pollutant discharging unit to stop discharging pollutants. Where the pollutant discharging unit refuses to stop discharging pollutants, the municipal or district/county environmental protection department may adopt measures to make them stop the production or close down after reporting to and being approved by the people¡¯s government at the same level, and the relevant units of water, power, and gas supply shall assist and cooperate.
As to those pollutants that can not be attributed to a definite liable body, the local people¡¯s government shall organize relevant departments to clear them.
Article 22
Enterprises in the reserves of drinking water sources and ships that transport dangerous cargos are encouraged to purchase insurance against the liability of environmental pollution.
Article 23
The municipal and district/county people¡¯s governments shall organize the formulation of the emergency preplan for pollution accidents of drinking water sources, set up professional emergency and rescue teams, and keep ready emergency and rescue facilities and equipment.
Article 24
Where a sudden accident occurs, which causes, or is likely to cause pollution to the drinking water sources, emergency measures shall be adopted, and the case shall be reported to the municipal or district/county environmental protection department, or the emergency organ of joint actions. The municipal emergency organ of joint actions or the municipal environmental protection department shall start the corresponding emergency preplan for the pollution accident of the drinking water sources.
Where a pollution accident of the drinking water source occurs, the municipal emergency organ of joint actions or the municipal environmental protection department shall issue alarms of the pollution accident of drinking water source to the affected area in a timely manner, and organize relevant departments to prepare for emergency water supply.
Article 25
The disclosure of the information on the pollution accident of the drinking water source shall be carried out by the municipal or district/county people¡¯s government according to the Law of the People¡¯s Republic of China on Responses to Emergencies, and relevant municipal provisions.
Article 26
The municipal and district/county people¡¯s governments shall perfect the construction of the pipe networks of water supply, and take measures to protect the surrounding environment of reserved water intakes. Where a pollution accident of drinking water source occurs, and interrupts the raw water supply, the supply of drinking water shall be guaranteed according to the requirements of the emergency preplan.
Chapter IV Legal liability
Article 27
In case of violations of the provisions of these Regulations with one of the following acts, the municipal or district/county environmental protection department shall order a stop of the illegal act and a rectification with a prescribed time limit, and a penalty shall be imposed as follows:
1. whoever violates the provisions in Clause 2, Article 10 of these Regulations, moving or destroying the demarcations or warnings of the reserves of drinking water sources, shall be imposed a fine of not less than 10,000 yuan but not more than 20,000 yuan;
2. whoever violates the provisions in Item 3 or Item 4, Clause 1, Article 12 of these Regulations, setting up storage or stocking sites for solid waste or building farms of livestock or poultry, shall be reported to the people¡¯s government at the same level, and be ordered to demolish them within a prescribed time limit; in case that the illegal building is not demolished within the prescribed time limit, the law-enforcer may have it demolished at the expense of the wrongdoer;
3. whoever violates the provisions in Item 6, Item 7, Item 8, or Item 11, Clause 1, Article 12, and Item 3, or Item 4, Clause 1, Article 14 of these Regulations, engaging in activities that pollute the drinking water sources, shall be imposed a fine of not less than 50,000 yuan but not more than 100,000 yuan;
4. whoever violates the provisions in Item 10, Clause 1, Article 12 of these Regulations, engaging in the feeding culture and failing to make rectification within the prescribed time limit, shall be reported to the people¡¯s government at the same level, and be ordered to demolish them within a prescribed time limit, and may be imposed a fine of not less than 50,000 yuan but not more than 100,000 yuan.;
5. whoever violates the provisions in Item 2, Clause 1, Article 14 of these Regulations, setting up stacking or disposal sites for dangerous waste or domestic wastes, shall be reported to the people¡¯s government at the same level, be ordered to demolish them within a prescribed time limit; in case that the illegal building is not demolished within the prescribed time limit, the law-enforcer may have it demolished at the expense of the wrongdoer.; and
(6) whoever violates the provisions in Item 5, Clause 1, Article 14 of these Regulations, stacking, dumping or burying solid wastes, shall be imposed a fine of not less than 50,000 yuan but not more than 100,000 yuan.
Article 28
Whoever violates the provisions in Item 4, Clause 2, Article 11 of these Regulations, using chemical fertilizers or chemical pesticides in the Class A Reserves of drinking water sources, shall be ordered to make rectification by the agriculture administrative department, and may be imposed a fine of not less than 10,000 yuan but not more than 20,000 yuan.
Whoever violates the provisions in Item 6, Clause 1, Article 14 of these Regulations, building new large-scale farms of livestock or poultry in the sub-reserves of drinking water sources, shall be reported by the agriculture administrative department to the people¡¯s government at the same level, and be ordered to close them down within a prescribed time limit; where the illegal building is not closed down within the prescribed time limit, the law-enforcer may have it demolished at the expense of the wrongdoer.
In case that the existing farm of livestock or poultry violates the provisions in Clause 2, Article 14 of these Regulations, and does not return the dung to croplands ecologically or use it for methane or organic fertilizer production, the wrongdoer shall be ordered to make rectification by the agriculture administrative department, and may be imposed a fine of not less than 10,000 yuan but not more than 20,000 yuan.
Article 29
Whoever violates the provisions in Clause 1, Article 18 of these Regulations, newly-constructing, reconstructing, or expanding loading and unloading docks of dangerous cargos, shall be reported by the port administrative department to the people¡¯s government at the same level, and be ordered to demolish them within a prescribed time limit; where the illegal building is not demolished within the prescribed time limit, the law-enforcer may have it demolished at the expense of the wrongdoer.
In case that a harbor operation unit violates the provisions in Clause 2, Article 18 of these Regulations, and does not take pollution preventive and treating measures as required, it shall be ordered to make rectification within a prescribed time limit by the port administrative department, and may be imposed a fine of not less than 20,000 yuan but not more than 50,000 yuan..
Article 30
Whoever violates the provisions in Item 5, Clause 1, Article 12 of these Regulations, engaging in ship to ship transfer operation of dangerous cargo on the water, shall be ordered to make rectification within a prescribed time limit by the maritime administrative department, and may be imposed a fine of not less than 20,000 yuan but not more than 100,000 yuan..
Whoever violates the provisions in Item 9, Clause 1, Article 12 of these Regulations, flushing ship decks, or draining the flushing water or ballast water into the water body, shall be ordered to stop the illegal act by the maritime administrative department, and may be imposed a fine of not less than 20,000 yuan but not more than 50,000 yuan.
Any ship that violates the provisions in Clause 1 or Clause 2, Article 19 of these Regulations, and navigates or anchors in the navigation-forbidden area, shall be ordered to navigate off the area by the maritime administrative department, and may be imposed a fine of not less than 5,000 yuan but not more than 50,000 yuan.
Whoever violates the provisions in Clause 3 or Clause 4, Article 19 of these Regulations, failing to report to the maritime administrative department, or failing to keep ready corresponding facilities and equipment, shall be ordered to make rectification by the maritime administrative department, and may be imposed a fine of not less than 20,000 yuan but not more than 100,000 yuan.
Article 31
Where the penalty for violations of these Regulations is provided in other laws or regulations, such provisions shall prevail.
Article 32
Whoever violates the provisions of these Regulations and causes the pollution of the drinking water sources, besides being punished according to law, may be ordered to eliminate the pollution by the relevant administrative department of environmental protection, port, and/or maritime; where the wrongdoer refuses to do so, the law-enforcer may entrust a professional institute to do it at the expense of the wrongdoer.
Article 33
In case that relevant administrative department of environmental protection, water affairs, port, and maritime or their staff violate the provisions of these Regulations with one of the following acts, administrative sanction shall be given by the unit they work in or the superior competent administrative department; the wrongdoer shall be prosecuted for criminal liability where the act constitutes a crime:
1. failing to investigate after finding violations or receiving a report of violations;
2. failing to perform the duty of supervision and administration according to these Regulations; or
3. other acts of negligence, abuse of power, practicing favoritism and committing irregularities.
Chapter V Supplementary Provision
Article 34
These Regulations shall be effective as of March 1, 2010. The Regulations of Shanghai Municipality on the Protection of the Water Source along the Upper Reach of Huangpu River adopted at the 14th Session of the Standing Committee of the 8th Shanghai Municipal People¡¯s Congress on April 19, 1985 shall be repealed at the same time. |
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