Implementing Rules of the Law of the People's Republic of China on the Prevention and Control of Water Pollution
Implementing Rules of the Law of the People's Republic of China on the Prevention and Control of Water Pollution
Implementing Rules of the Law of the People's Republic of China on the Prevention and Control of Water Pollution
Order of the State Council of the People's Republic of
(No. 284)
March 20, 2000
The Implementing Rules of the Law of the People's Republic of China on the Prevention and Control of Water Pollution Rules for the Implementation of the Law of the People's Republic of
Premier Zhu Rongji
Implementing Rules of the Law of the People's Republic of China on the Prevention and Control of Water Pollution
Chapter I General Provisions
Article 1 These Implementing Rules are formulated in accordance with the Law of the People's Republic of China on the Prevention and Control of Water Pollution (hereinafter referred to as the Law on the Prevention and Control of Water Pollution).
Chapter II Supervision and Administration of the Prevention and Control of Water Pollution
Article 2 The plans for preventing and controlling the water pollution of river basins, which are worked out pursuant to Article 10 of the Law on the Prevention and Control of Water Pollution shall cover:
(1) the requirements for the environmental functions of the water bodies;
(2) the water quality aims to be reached by phases and the time limits therefor;
(3) the key regions to be controlled and major pollution sources for water pollution prevention and control, as well as the concrete implementing measures; and
(4) the planning on the construction of facilities for the urban drainage and sewage treatment.
Article 3 The competent administrative departments of water of the people's governments at and above the county level shall, when determining the minimum water effusion from the dams of large and medium reservoirs, guarantee the natural purification capability of the downstream water body and solicit the opinions of the departments of environmental protection of people's governments at the same level.
Article 4 An enterprise or public institution shall, if it has to discharge any pollutant into a water body, submit an Application Form for the Registration of Pollutant Discharge to the department of environmental protection of the local people's government at or above the county level of the place where it is located.
If an enterprise or public institution discharges a pollutant in excess of the pollutant discharge standards established by the State or the locality, it shall give the reasons therefor and the measures of treatment within a given time limit at the time of submitting the Application Form for the Registration of Pollutant Discharge.
Article 5 If an enterprise or public institution has to dismantle or leave idle its pollutant treatment facilities, it shall file an application with the department of environmental protection of the local people's government at or above the county level of the place where it is located in advance and give the reasons therefor. Within one month from the date of receiving the application, the department of environmental protection shall make a decision of approval or disapproval and give a written reply. If no reply is given as scheduled, an approval shall be deemed to have been given.
Article 6 If a water body does not meet the water environmental quality standards established by the State even after measures are taken to limit its discharge of pollutants, it may be subject to the control of the total discharge of major pollutants.
The plans on the control of the total discharge of pollutants for important river basins as determined by the State shall be formulated by the department of environmental protection of the State Council jointly with the relevant departments of the State Council and in consultation with the people's governments of related provinces, autonomous regions, and municipalities directly under the Central Government, and reported to the State Council for approval. The plans on the control of total discharge of pollutants for other water bodies shall be formulated by the departments of environmental protection of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, jointly with the relevant departments at the same level and in consultation with the local people's governments concerned, and be reported to the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government for approval. Of them, the plans on the control of total discharge of pollutants for the water bodies involving two or more provinces, autonomous regions, or municipalities directly under the Central Government shall be formulated through consultation by the people's governments of the related provinces, autonomous regions, and municipalities directly under the Central Government.
Article
Article 8 If the control of total discharge of major pollutants is imposed on a water body according to law, the local people's government at or above the county level shall organize the formulation of an implementing program for the control of total discharge for the said water body within its own administrative area in accordance with the quantity of the control of total discharge allocated by the plan on the control of total discharge.
The implementing program for the control of total discharge shall determine the entities required to reduce their discharge of pollutants, the types and the quantities of the key pollutants of each pollutant discharging unit subject to the control of total discharge, the pollutant discharge to be reduced, and the time limit for the reduction.
Article 9 The allocation of quota for the total discharge of major pollutants shall be in compliance with the principle of openness, fairness and impartiality, and be carried out in a scientific and unified way.
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