The full text of Huizhou Xizhijiang water system water quality protection regulations 2065438-2009

Regulations of Huizhou Municipality on Water Quality Protection of Xizhijiang River System

(The sixth meeting of the 11th People's Congress of Huizhou was approved by the 25th meeting of the Standing Committee of the 12th People's Congress of Guangdong Province on March 3 1 day on February 29, and was promulgated on April 22, and shall come into force on June 1 day).

Chapter I General Provisions

Article 1 In order to prevent and control water pollution, protect the water quality of Xizhijiang River system, promote the construction of ecological civilization, and promote the sustainable development of economy and society, these Regulations are formulated in accordance with the Environmental Protection Law of People's Republic of China (PRC), the Law on Prevention and Control of Water Pollution of People's Republic of China (PRC) and other laws and regulations, combined with the actual situation of this Municipality.

Article 2 These Regulations shall apply to the water quality protection of surface water bodies and underground water bodies such as the main stream, tributaries, lakes, reservoirs and channels of Xizhijiang River Basin within the administrative area of this Municipality.

Article 3 People's governments at all levels in Xizhijiang River Basin shall incorporate water quality protection into national economic and social development plans, set water quality protection targets, implement negative list management of industry access, and be responsible for the water environment quality in their respective administrative areas.

Article 4 The competent department of environmental protection of the people's government at or above the county level in Xizhijiang River Basin shall exercise unified supervision and management over the water quality protection within their respective administrative areas.

Development and reform, water affairs, forestry, agriculture, land and resources, urban and rural construction, urban management, public utilities, health, public security, civil affairs, gardens, fisheries, port services, maritime affairs and other departments responsible for environmental protection supervision and management shall do a good job in water quality protection within their respective functions and duties.

Article 5 The completion of the water quality protection target of Xizhijiang River system, the water quality compliance and improvement of the handover section shall be included in the assessment scope of environmental protection responsibility of the people's governments at all levels in the basin and the assessment contents of the people's governments and the responsible persons of relevant departments.

The people's governments at or above the county level in the Xizhijiang River Basin shall report to the Standing Committee of the people's congress at the same level on the water environment and the completion of the water environment protection objectives every year.

Article 6 The compensation system for ecological protection in Xizhijiang River Basin shall be established to promote the coordination between ecological environment protection and protection, improve people's livelihood and enhance basic public services.

Chapter II Supervision and Administration

Article 7 People's governments at or above the county level in Xizhijiang River Basin shall establish a coordination mechanism for joint prevention and control, make overall plans for water quality protection within their respective administrative areas, coordinate law enforcement and management activities, and supervise the completion of water quality protection objectives and the performance of departmental responsibilities.

Article 8 The departments of the people's governments at or above the county level in Xizhijiang River Basin responsible for the supervision and management of environmental protection shall immediately notify or transfer illegal acts that are not under their jurisdiction. The department with jurisdiction shall handle the case according to law, and notify or transfer the case to the department within five working days after handling.

Where the handling of the illegal acts mentioned in the preceding paragraph requires the participation or assistance of other departments, other relevant departments shall participate or assist within the scope of their duties. If there is any objection to the jurisdiction, it shall be reported to the people's government at the same level or at the next higher level to determine the case-handling department or organize joint law enforcement actions.

Article 9 The cross-section water quality of the main stream and main tributaries of Xizhijiang River across the county-level administrative region shall reach the water quality control target of the water environment functional zone designated by the province. Water quality standards or improvement by the competent department of environmental protection of the Municipal People's government regularly announced to the public.

Before the implementation of these regulations, the Municipal People's Government shall order the relevant people's governments at the county level to put forward solutions and organize their implementation, so as to achieve the water quality control objectives within a time limit.

Article 10 The Municipal People's Government shall, relying on the geographic information service platform of this Municipality, make unified planning and overall planning for the construction of the ecological environment monitoring, supervision and management system in Xizhijiang River Basin.

The departments of the people's governments at or above the county level in Xizhijiang River Basin responsible for environmental protection supervision and management shall scientifically plan and set up monitoring sections (points), organize and implement normalized monitoring and analysis within the scope of their duties, and realize real-time sharing of monitoring data and analysis results through the ecological environment monitoring and supervision and management system.

Article 11 The Municipal People's Government shall establish a basic index system for the health assessment of Xizhijiang River system, regularly conduct health assessment on the main stream, main tributaries and large and medium-sized reservoirs of Xizhijiang River, and formulate the objectives and countermeasures for protection, renovation, restoration and management.

Article 12 The competent department of environmental protection of the people's government at or above the county level in Xizhijiang River Basin and other departments responsible for the supervision and management of environmental protection shall disclose the information of water environmental quality, environmental monitoring, environmental emergencies and so on in a way that is easy for the public to know.

The competent department of environmental protection and other departments responsible for environmental protection supervision and management may invite citizens, legal persons or other organizations to participate in the investigation of important law enforcement actions and major events of water quality protection in Xizhijiang River system, and strengthen social supervision.

Thirteenth citizens, legal persons or other organizations have the right to report to the competent department of environmental protection and other departments responsible for environmental protection supervision and management if they find that any unit or individual pollutes the water quality of Xizhijiang and destroys the ecological environment; If it is found that the competent department of environmental protection and other departments responsible for environmental protection supervision and management and their staff fail to perform their duties according to law, they have the right to report to their higher authorities or supervisory organs.

The department that receives the report shall verify and handle the reported matters according to law, and reply to the informant within five working days after handling. The relevant departments shall keep confidential the relevant information of informants. If the report is verified, the informant will be rewarded.

Article 14 For acts that pollute the water quality of Xizhijiang River and destroy the ecological environment, organs and relevant organizations that meet the legal requirements may directly bring environmental civil public interest litigation to the people's court according to law.

Departments and other organs, social organizations, enterprises and institutions responsible for the supervision and management of environmental protection can support relevant organizations in bringing environmental civil public interest litigation according to law by providing legal advice, legal aid, submitting written opinions and assisting in investigation and evidence collection.

Chapter III Ecological Protection and Pollution Prevention and Control

Article 15 People's governments at all levels in Xizhijiang River Basin shall delimit the responsibility area for comprehensive forest land management and protection, strengthen afforestation and forest tending protection, and enhance the capacity of water conservation and soil and water conservation.

Encourage the planting of local broad-leaved trees with strong water conservation and soil and water conservation functions, long service life, strong resistance and fast growth, and prohibit the planting of foreign fast-growing timber forests that are not conducive to water conservation, soil and water conservation and water quality protection. The existing pure forest of eucalyptus and other exotic fast-growing timber species shall be planned by the Municipal People's Government, and the forest phase shall be gradually transformed and restored to zonal evergreen broad-leaved forest.

Sixteenth people's governments at all levels in Xizhijiang River Basin should expand the area of ecological public welfare forest and improve the quality of ecological public welfare forest by requisitioning forest land, leasing forest land and raising ecological compensation standards. Forest land within the scope of management and protection of large and medium-sized reservoirs should be included in the management of ecological public welfare forests.

Seventeenth Municipal People's Government shall co-ordinate the establishment of special funds for ecological protection compensation in Xizhijiang River Basin, and compensate relevant organizations and individuals whose economic and social development in the upper reaches is limited due to the responsibility of ecological protection. Measures for the collection, management and use of special funds for ecological protection compensation shall be formulated by the Municipal People's Government.

The Municipal People's Government may initiate the establishment of the Xizhijiang River Basin Ecological Protection Social Fund. Citizens, legal persons and other organizations are encouraged to set up or donate the social fund for ecological protection in Xizhijiang River Basin according to law, and the donated funds and materials are earmarked for ecological protection in Xizhijiang River Basin.

Article 18 It is forbidden to build or expand golf courses, coal yards, ash yards, garbage landfills, waste recycling (processing) yards, warehouses and yards of toxic and harmful substances and other construction projects that seriously pollute water bodies in the quasi-protected areas of drinking water sources demarcated according to law in Xizhijiang River Basin; Reconstruction of construction projects, shall not increase the amount of sewage.

Nineteenth prohibit the use of highly toxic and residual pesticides in Xizhijiang River basin. People's governments at all levels and their competent agricultural departments and institutions shall guide agricultural producers to scientifically use chemical fertilizers, pesticides, agricultural films and feed additives, and carry out green prevention and control and unified prevention and control of crop diseases and insect pests.

Twentieth people's governments at or above the county level in the Xizhijiang River Basin shall delimit the prohibited areas and restricted areas for livestock and poultry breeding, and announce them to the public. Do not engage in livestock and poultry breeding in the forbidden areas. No new farms (communities) shall be built or expanded in restricted areas, and no pollutant discharge shall be increased.

Livestock and poultry farms (communities) shall, according to the needs of breeding scale and pollution prevention, build supporting pollution prevention facilities and ensure their normal operation. Encourage the development of ecological farming in line with livestock and poultry breeding planning.

Article 21 Enterprises, institutions and other producers and operators in Xizhijiang River Basin shall maintain the normal operation of sewage treatment facilities, and it is forbidden to discharge pollutants through unapproved sewage outlets or lead out or discharge pollutants from the intermediate processes of pollutant treatment facilities.

Encourage enterprises, institutions and other producers and operators to voluntarily carry out cleaner production audits. If compulsory cleaner production audit is carried out in accordance with the relevant provisions of the law, the audit results shall be reported to the competent department of environmental protection of the people's government at or above the county level and published in the main media of this Municipality.

Article 22 The people's governments at or above the county level in Xizhijiang River Basin shall co-ordinate the construction of urban centralized sewage treatment facilities and supporting pipe networks, improve the sewage collection rate and treatment rate, and strengthen the supervision and management of the maintenance and operation units of centralized sewage treatment facilities.

The maintenance and operation unit of urban centralized sewage treatment facilities shall test the quality of inlet and outlet water in accordance with the relevant provisions of the state and the province, and be responsible for the quality of outlet water, and shall not stop the operation of sewage treatment facilities without authorization.

Article 23 It is forbidden to discharge or dump water bodies of Xizhijiang River system, and it is forbidden to pile up, store and bury industrial waste residue, urban garbage and other wastes on beaches and bank slopes below the highest water level of lakes and reservoirs within the scope of river management.

It is forbidden to build or expand garbage dumps and disposal sites within 500 meters of the highest water level of Xizhijiang River, the main tributaries and the banks of large and medium-sized reservoirs. The existing dumping sites and disposal sites shall take effective anti-pollution measures, and the people's governments at or above the county level shall order them to move within a time limit if the water quality safety is endangered.

Twenty-fourth encourage and support enterprises, institutions and other producers and operators in Xizhijiang River Basin to entrust units with pollution control capabilities to operate their pollution control facilities or implement pollution control.

The entrusted unit shall operate pollution prevention facilities or implement pollution control in accordance with the requirements of relevant laws, regulations and technical specifications.

Chapter IV Legal Liability

Twenty-fifth people's governments at all levels in the Xizhijiang River Basin and their departments responsible for environmental protection supervision and management are under any of the following circumstances, and the directly responsible person in charge and other directly responsible personnel shall be punished according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

Failing to investigate or cover up environmental violations found;

(two) environmental protection work failed to pass the examination;

(three) did not implement the joint prevention and control of water quality protection, joint law enforcement responsibility;

(4) Tampering with, forging or instructing to tamper with or forge monitoring data;

(five) environmental information should be made public in accordance with the law but not made public;

(six) interception, misappropriation or misappropriation of special funds for ecological protection compensation;

(seven) failing to perform the duties of supervision and management according to law, resulting in water pollution incidents;

(eight) there are other illegal acts as prescribed by laws and regulations.

Article 26 Whoever, in violation of the provisions of the second paragraph of Article 15 of these regulations, plants pure foreign fast-growing timber forests shall be ordered by the competent forestry department of the people's government at or above the county level to make corrections within a time limit, and the unit shall be fined not less than 10,000 yuan but not more than 50,000 yuan, and the individual shall be fined not less than 1,000 yuan but not more than 5,000 yuan.

Article 27 Anyone who violates the provisions of Article 18 of these regulations shall be ordered by the competent department of environmental protection of the people's government at or above the county level to stop the illegal act, and be fined between 200,000 yuan and 500,000 yuan, and shall be ordered to dismantle or close by the people's government with the power of examination and approval.

Twenty-eighth in violation of the provisions of the provisions of article nineteenth, the use of highly toxic and high residue pesticides, given a warning by the competent agricultural departments of the people's governments at or above the county level, and according to the harmful consequences, a fine of thirty thousand yuan.

Twenty-ninth in violation of the provisions of the provisions of article twentieth, one of the following acts, the competent department of environmental protection of the people's governments at or above the county level shall be punished in accordance with the following provisions:

(a) the construction of livestock and poultry farms (communities) in the forbidden areas shall be ordered to stop the illegal acts; Those who refuse to stop the illegal act shall be fined not less than 50,000 yuan but not more than 100,000 yuan, and shall be reported to the people's government at or above the county level to be ordered to dismantle or close down.

(two) in the limited support area, the construction and expansion of farms (communities) or the reconstruction of farms (communities) lead to an increase in pollutant emissions, and shall be ordered to make corrections within a time limit; Those who refuse to make corrections shall be fined not less than 30,000 yuan but not more than 50,000 yuan, and reported to the people's government at or above the county level for dismantling or closing.

(three) livestock and poultry farms (communities) without supporting the construction of pollution prevention and control facilities or pollution prevention and control facilities are not operating normally, shall be ordered to stop production or use, and impose a fine of not less than fifty thousand yuan but not more than one hundred thousand yuan.

Thirtieth in violation of the provisions of article twenty-first, one of the following acts, the competent department of environmental protection of the people's governments at or above the county level shall be punished in accordance with the following provisions:

(a) sewage treatment facilities operating abnormally, shall be ordered to make corrections within a time limit, and impose a fine of more than two times and less than three times the amount of sewage charges payable.

(2) Those who discharge pollutants through unapproved sewage outlets or introduce pollutants from the intermediate process of pollutant treatment facilities shall be ordered to make corrections within a time limit and be fined more than 70,000 yuan100,000 yuan; If the circumstances are serious, it shall be reported to the people's government with the power of examination and approval and ordered to suspend business or close down.

(three) the implementation of mandatory cleaner production audit does not report or truthfully report the audit results, shall be ordered to make corrections within a time limit; Refuses to correct, a fine of one hundred thousand yuan and five hundred thousand yuan.

Article 31 If, in violation of the provisions of the second paragraph of Article 22 of these regulations, the maintenance and operation unit of urban centralized sewage treatment facilities fails to test the quality of inlet and outlet water in accordance with the provisions, the competent environmental protection department of the people's government at or above the county level shall order it to make corrections and impose a fine of not less than 10,000 yuan but not more than 50,000 yuan. If the maintenance and operation unit of urban centralized sewage treatment facilities stops the operation of sewage treatment facilities without authorization, the competent department of urban drainage and sewage treatment of the people's government at or above the county level shall order it to make corrections and give a warning; If no correction is made within the time limit or serious consequences are caused, a fine of more than 200,000 yuan and less than 500,000 yuan shall be imposed.

Thirty-second in violation of the provisions of the first paragraph of article twenty-third, the competent department of environmental protection of the people's government at or above the county level shall order it to make corrections within a time limit and impose a fine of not less than thirty thousand yuan but not more than two hundred thousand yuan.

In violation of the provisions of the second paragraph of Article 23 of these regulations, the competent environmental protection department of the people's government at or above the county level shall order it to make corrections within a time limit and impose a fine of not less than 50,000 yuan but not more than 100,000 yuan.

Article 33 In violation of the provisions of the second paragraph of Article 24 of these regulations, if the entrusted unit fails to operate pollution prevention facilities or implement pollution control in accordance with the requirements of relevant laws, regulations and technical specifications, the competent environmental protection department of the people's government at or above the county level shall order it to make corrections and impose a fine of not less than 50,000 yuan but not more than 100,000 yuan; If the entrusted unit causes environmental pollution and ecological damage due to fraud, it shall also bear joint liability with other responsible persons.

Chapter V Supplementary Provisions

Article 34 The term "Xizhijiang River Basin" as mentioned in these Regulations refers to the rainwater collection area of the main stream of Xizhijiang River and all its tributaries from the source of Xizhijiang River to the mouth of Dongxinqiao River in Huizhou City.

Article 35 These Regulations shall come into force as of 1 June 1 day.