Measures for the Administration of Small Reservoirs in Shandong Province

Article 1 In order to strengthen the management of small reservoirs, give full play to the functions and benefits of small reservoirs, and ensure the safety of people's lives and property, these measures are formulated in accordance with the People's Republic of China (PRC) Water Law, the Regulations on the Safety Management of Reservoir Dams and other laws and regulations, and combined with the actual situation of this province.

Article 2 These Measures shall be observed in the construction, operation management, flood control safety, engineering maintenance, development, operation and supervision and management of small reservoirs within the administrative region of this province.

The term "small reservoirs" as mentioned in these Measures refers to reservoirs with a total storage capacity of more than 65438+ 10,000 cubic meters and less than 1 00,000 cubic meters, which are divided into small (1) reservoirs and small (2) reservoirs. Small (1) reservoirs with total storage capacity greater than 1 10,000 cubic meters and less than 1 10,000 cubic meters; Small (2) reservoirs with total storage capacity of more than 65438+ 10,000 cubic meters and less than 1 10,000 cubic meters.

Article 3 People's governments at all levels shall bring small reservoirs into the category of public welfare undertakings, make overall plans to solve major problems such as the management system and funding guarantee of small reservoirs, and establish and improve the safety management system of small reservoirs.

Fourth water administrative departments of the people's governments at or above the county level shall be responsible for the supervision and management of small reservoirs within their respective administrative areas. Finance, development and reform, land and resources, marine and fishery, environmental protection, forestry and other departments should do a good job in the supervision and management of small reservoirs in accordance with the division of responsibilities.

Fifth small reservoirs safety management to implement the chief executive responsibility system. Districts of the city, county (city, district) and Township People's governments shall, in accordance with the principle of territorial management and subordinate relationship, determine a government leader as the person in charge of safety for each small reservoir.

According to the principle of "who manages and who is responsible", the safety of small reservoirs is directly responsible by the reservoir management unit; Without the establishment of a reservoir management unit, the township people's government or rural collective economic organizations and enterprises (individuals) exercising management rights are directly responsible for the safety.

The Township People's governments where small reservoirs are located shall sign letters of responsibility for safety management with rural collective economic organizations and enterprises (individuals) that manage reservoirs.

Article 6 The construction, reconstruction and expansion of small reservoirs shall conform to the overall land use planning, flood control planning, comprehensive water resources planning, urban and rural planning and relevant technical standards, and shall be submitted for approval in accordance with the following provisions:

(a) the new small (1) type reservoir or the expansion from a small (2) type reservoir to a small (1) type reservoir shall be reported to the water administrative department of the municipal people's government with districts for approval;

(two) the new small (2) reservoir, the county (city, district) people's government department of water administration for examination and approval;

(three) the reconstruction of small reservoirs shall be reported to the original approval authority for approval.

Small reservoirs that meet the conditions of degraded operation or scrapping shall go through the examination and approval procedures in accordance with the relevant provisions of the state, and do a good job in the aftermath.

Seventh new construction, renovation and expansion of small reservoirs, should be in accordance with the provisions of the basic construction procedures for examination and approval, approval or filing procedures; Involving construction land, it shall also go through the formalities for examination and approval of land use according to law; Need to emigrate, according to the county-level village system planning, guide farmers to settle in small towns or new rural communities.

Article 8 If the survey, design, construction and supervision of small reservoir projects meet the requirements of bidding, units with corresponding qualifications shall be determined through bidding according to law and subject to the supervision of the water administrative department.

Ninth small reservoirs should have the necessary transportation conditions to reach the main buildings of their hubs, and be equipped with necessary engineering and hydrological observation facilities, management rooms and communication and power facilities to ensure the normal development of management.

Tenth small reservoir project is completed, it shall be completed and accepted in accordance with the relevant provisions of the state and province. Without acceptance or unqualified acceptance, it shall not be put into use.

Within 3 months after the acceptance of the small reservoir project, it shall apply to the water administrative department of the local county (city, district) people's government for registration in accordance with the regulations.

Eleventh small reservoirs where the people's governments at or above the county level shall delimit the scope of management and protection of small reservoirs in accordance with the following standards:

The management scope includes the dam and its affiliated buildings, management houses and other facilities; Design the reservoir area below the beneficial water level line; 30 meters to 50 meters outside the dam toe; The area from 30m to 100m outside the dam end; The sideline of various buildings such as water diversion and drainage extends 50 meters from 10 meter.

The protection scope is the reservoir area between the reservoir design water level line and the check flood level line; The dam management scope extends from 70m to100m; Water diversion, drainage and other buildings outside the scope of management of 250 meters.

Twelfth construction projects within the scope of management of small reservoirs, the project construction plan should be approved by the water administrative department for examination, and accept the supervision of the water administrative department in the construction process; If it is necessary to expand, rebuild or dismantle or damage the original small reservoir engineering facilities, the construction unit shall bear the expenses of expansion and reconstruction or compensate for the losses.

Thirteenth no unit or individual may engage in the following activities that endanger the safe operation of small reservoirs:

(a) set up sewage outlets within the management scope of small reservoirs, dumping, stacking and discharging toxic and harmful substances, garbage, muck and other wastes;

(2) Damming or storing water in small reservoirs;

(three) occupation or damage, destruction of small reservoir engineering facilities and ancillary facilities and equipment;

(4) Building buildings and structures on dams, spillways and water conveyance facilities, or reclaiming and piling up sundries;

(5) Opening and closing reservoir engineering facilities without authorization or forcibly taking water or diverting water from the reservoir;

(six) poisonous fish, fried fish, electric fish and other activities that endanger the safe operation of the reservoir;

(seven) in the management and protection of small reservoirs, engaged in blasting, drilling wells, quarrying, drilling wells, sand mining, earth borrowing, grave repair and other activities that affect the safe operation of the reservoir;

(eight) other activities that hinder the safe operation of small reservoirs.

Fourteenth reservoir management units shall establish and improve the safety management system, strengthen the monitoring and inspection of reservoir safety, and organize the work of project maintenance, reservoir dispatching, and restoration of water-damaged projects. If any abnormal situation is found, it shall be reported to the competent department in time, and corresponding treatment measures shall be taken.

If the reservoir management unit is not established, it shall employ 1 to 3 safety administrators to do a good job in the daily safety management of the reservoir.

Fifteenth water administrative departments of the people's governments at or above the county level, township people's governments and reservoir management units shall, in accordance with the provisions, do a good job in the construction of flood control materials reserves and flood control teams for small reservoirs.

Article 16 The water administrative department of the people's government at or above the county level and the people's government at the township level shall conduct safety inspections on small reservoirs within their respective administrative areas before and after the flood season, so as to timely discover and eliminate potential safety hazards; When discovering major security risks, it shall immediately report to the people's government at or above the county level.

During the flood season, the reservoir management unit or safety administrator shall dispatch the reservoir in accordance with the approved operation plan of the reservoir during the flood season, strengthen the inspection of the reservoir, immediately take measures to rob and protect the reservoir, and report to the flood control headquarters, the water administrative department and the Township People's government in a timely manner.

Seventeenth small reservoirs shall regularly organize safety appraisal in accordance with the provisions of the state. Identified as a dangerous reservoir, it should be reinforced within a time limit; Before reinforcement, necessary control or other measures should be taken to ensure safety.

Article 18 The water administrative department of the people's government at or above the county level, the township people's government and the reservoir management unit shall, according to the requirements of flood control and emergency rescue and safety management, organize the formulation of corresponding emergency plans and report them to the water administrative department at the next higher level and the flood control headquarters for the record.

Article 19 For small reservoirs that undertake urban and rural domestic water supply, the people's governments of cities and counties (cities, districts) divided into districts shall put forward a plan for the delineation of drinking water source protection areas, which shall be submitted to the provincial people's government for approval, and clear geographical landmarks and obvious warning signs shall be set up at the boundaries of drinking water source protection areas. It is forbidden to engage in activities that pollute water bodies in protected areas, and gradually implement returning farmland (fruit) to forests to conserve water.

The county (city, district) and township people's governments shall organize the construction of supporting farmland irrigation facilities for small reservoirs that undertake farmland irrigation water supply.

Twentieth small reservoirs through leasing, contracting, joint-stock cooperation and other forms of business activities, should sign the corresponding business contract; Small reservoirs managed by water administrative departments of people's governments at or above the county level, township people's governments and rural collective economic organizations shall be determined through public bidding.

A business contract shall include business items, time limit, cost or income distribution, drought-resistant irrigation water, water quality protection, danger report, etc., and may stipulate matters such as safety management and project maintenance. After the operation contract is signed, it shall be reported to the water administrative department of the people's government at or above the county level for the record within 1 month.

Small reservoir management activities shall not affect the safe operation of the reservoir and flood control emergency dispatch, and shall not pollute the water body and destroy the ecological environment.

Article 21 For small reservoirs managed by the water administrative department of the people's government at or above the county level and the township people's government, the funds for their operation and management, flood control safety, maintenance and reinforcement shall be borne by the people's government at the corresponding level according to their affiliation, and the people's government at a higher level may give appropriate subsidies; Small reservoirs managed by rural collective economic organizations, such as operation management, flood control safety, maintenance and reinforcement, are mainly borne by rural collective economic organizations, and the people's governments at higher levels give appropriate subsidies.

Income from water charges, contract fees and rental fees collected according to law should be given priority to the operation and management of small reservoirs.

Twenty-second water administrative departments of the people's governments at or above the county level shall establish and improve the supervision and management system of small reservoirs, and regularly organize the evaluation of the management of small reservoirs. The specific assessment methods shall be formulated separately by the provincial administrative department.

Article 23 If anyone, in violation of the provisions of these measures, builds a small reservoir without the approval of the water administrative department, or builds a project within the management scope of a small reservoir without the approval of the water administrative department, the water administrative department of the people's government at or above the county level shall order him to stop the illegal act and go through the relevant formalities within a time limit; Overdue retroactive or retroactive approval procedures, shall be ordered to dismantle; If it is not removed within the time limit, it will be forcibly removed, and the required expenses will be borne by the illegal unit or individual, and a fine of more than 1000 yuan 1000 yuan may be imposed.

Twenty-fourth in violation of the provisions of these measures, set up sewage outlets within the scope of management of small reservoirs, and the people's governments at or above the county level shall order them to dismantle and restore to the original state within a time limit; If it is not removed or restored to its original state within the time limit, it shall be forcibly removed and restored to its original state, and the water administrative department of the people's government at or above the county level shall impose a fine of 50,000 yuan or more and 65,438+10,000 yuan or less.

Twenty-fifth in violation of the provisions of these measures, one of the following acts shall be ordered by the water administrative department of the people's government at or above the county level to stop the illegal act, take remedial measures within a time limit, and be punished in accordance with the following provisions:

(a) in the small reservoir dam or filling reservoir, a fine of 1000 yuan to 30000 yuan;

(two) occupation or damage, destruction of small reservoir engineering facilities and ancillary facilities and equipment, a fine of 6.5438 million yuan to 50 thousand yuan;

(3) Building buildings or structures on dams, spillways and water conveyance facilities, or carrying out activities such as reclaiming land and piling up sundries, and imposing a fine of 6,543,800 yuan;

(four) unauthorized opening and closing of reservoir engineering facilities or forcibly pumping water from the reservoir, a fine of 5000 yuan to 1000 yuan;

(five) in small reservoirs engaged in poisonous fish, fried fish, electric fish and other activities that endanger the safe operation of the reservoir, a fine of 6.5438+0 million yuan to 30 thousand yuan;

(VI) Those who engage in blasting, drilling, quarrying, drilling wells, sand mining, earth borrowing, grave repairing and other activities that affect the safe operation of small reservoirs within the scope of management and protection shall be fined between 654.38 million yuan and 50,000 yuan.

Twenty-sixth in violation of the provisions of these measures, a small reservoir without a reservoir management unit fails to employ a safety administrator according to the regulations, and the water administrative department of the people's government at or above the county level shall order it to make corrections within a time limit; If no correction is made within the time limit, criticism and education shall be given; Causing reservoir engineering damage or safety accidents, the responsibility of relevant personnel shall be investigated according to law.

Article 27 Staff members of people's governments at or above the county level and relevant departments, township people's governments and reservoir management units who neglect their duties, abuse their powers or engage in malpractices for selfish ends shall be punished according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Article 28 These Measures shall come into force as of 20 12+0+0.