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River Discharge Outlet Supervision And Management Approaches

Original Language Title: 入河排污口监督管理办法

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(November 30, 2004 the Ministry of water resources announced as of January 1, 2005, 22nd) first to strengthen into the river discharge outlet supervision and management, protection of water resources, protection of flood control and engineering facilities, promote the sustainable use of water resources, in accordance with the People's Republic of China water and the People's Republic of China flood control law and the People's Republic of China rivers management regulations and other laws and regulations, these measures are formulated.
    Article in rivers and Lakes (canals, channels, reservoirs and other water-bearing, the same below) built, rebuilt or expanded sewage outlet, as well as the supervision and management of sewage outlets, application of this approach. Qian paragraph by said sewage mouth, including directly or through ditch, and Canal, and pipeline, facilities to rivers, and Lake emissions sewage of sewage mouth, following collectively into river sewage mouth; new, is refers to into river sewage mouth of first built or using, and on original not has sewage function or has abandoned of sewage mouth of using; alterations, is refers to has has into river sewage mouth of emissions location, and emissions way, matters of major change; expanded, is refers to has has into river sewage mouth sewage capacity of improve.
    River outfall construction, reconstruction and expansion, hereinafter referred to as the outfall of the river setting.
    Article III outfall into river settings should be consistent with the water function zoning, flood protection planning of water resources protection planning and requirements.
    Article fourth water Administrative Department under the State Council in charge of the national river discharge outlet supervision and management of the Organization and guide the work of local people's Governments at or above the county level the water conservancy administrative departments and watershed management institutions in accordance with this regulation responsible for the rights of the outfall of the river setting and supervision over the use of management.
    Local people's Governments at or above the county level the water conservancy administrative departments and catchment management agency may appoint local people's Governments at lower levels of water administrative department or administrative unit to which it belongs to its outfall into river within the administrative permissions to implement daily supervision and management. Fifth article law should handle river management range within construction project review procedures of, its into river sewage mouth set by County above place Government water administrative competent sector and basin management institutions according to river management range within construction project of management permission approval; law not need handle river management range within construction project review procedures of, except following situation outside, its into river sewage mouth set by into river sewage mouth location County water administrative competent sector is responsible for approval: (a) in basin management institutions directly management of River (River), and Lake Shang set into river sewage mouth of, by the basin management institutions is responsible for approval; (ii) set into river sewage mouth need while handle take water license procedures of, its into river sewage mouth set by County above place Government water administrative competent sector and basin management institutions according to take water license management permission approval; (three) set into river sewage mouth not need handle take water license procedures, but by provides need prepared environment effect report book (table) of, Set its outfall into river and is responsible for approving the environmental impact report (table) the environmental protection departments of water conservancy administrative departments at the same level for approval.
    Environmental impact report (table) need to be submitted to the State Council approval of the Administrative Department of environmental protection, sets its outfall into river by river basin catchment management authority for approval.
    Sixth set into the river outlet unit (hereinafter referred to as sewage), shall be submitted to the Administrative Department of environmental protection in the construction project environmental impact report (table), to have jurisdiction over the local people's Governments at or above the county level the water conservancy administrative departments proposed outfall into river or watershed management agencies set up an application.
    Are required by law to apply for construction projects within river management review process or water licensing and approval procedures, the units should be based on specific requirements, respectively, proposed construction projects within river management applications or water permit application at the same time, proposed outfall into river setting applies.
    Law does not require preparation of an environmental impact report (table) and do not need to apply for construction projects within river management according to law review process and water licensing procedures, the units should be set into the river of sewage in front, to have jurisdiction over the local people's Governments at or above the county level the water conservancy administrative departments proposed outfall into river or watershed management agencies set up an application.
    Seventh set in river discharge outlet shall submit the following materials: (a) the outfall into river sets the application; (b) construction project based on document; (c) into the river outlet settings report and (iv) other relevant documents should be submitted.
    Set into the river outfall water function zone effects are minor, as having jurisdiction, local people's Governments at or above the county level the water conservancy administrative departments or river basin authorities agree, you can set report is not compiled into the river outlet, only set into the river outfall water functional zones influence brief analysis of materials.
    Eighth set into the river outlet that shall be for the construction projects within river management review procedures, units submitted in river management project within the scope of application should be included into the river outlet settings for content, no longer separate submission into the river outlet settings application.
    Set into the river outlet needs while handling water licensing and river discharge outlet settings application, submitted by the units of water resources argumentation for construction projects should be included in the report into the river outfall sets the contents of the report, no longer separate outfall into river setting demonstration report.
    Nineth article into river sewage mouth set argument report should including following content: (a) into river sewage mouth where waters water, and accepted sewage and the take water status; (ii) into river sewage mouth location, and emissions way; (three) into river sewage by containing main pollutants type and emissions concentration and total; (four) waters water protection requirements, into river sewage on waters water and water function district of effect; (five) into river sewage mouth set on has interest relationship of third party of effect; (six) water protection measures and the effect analysis; (seven) argument conclusion.
    Set in the outfall of the river according to law for the construction projects within river management review procedures, should also be in accordance with the relevant provisions regarding the impact of construction projects on flood control to demonstrate.
    Outfall into river setting for tenth report should delegate units with one of the following qualifications: (a) the qualification of water resources argumentation for construction projects, (ii) hydrology and water resources investigation and assessment of qualifications; (c) environmental impact evaluation of construction project qualification (scope of business including surface and ground water).
    11th jurisdiction of local people's Governments at or above the county level the water conservancy administrative departments or basin management agencies for the application materials are complete, in compliance with the statutory form of the outfall of the river set applications shall be admissible.
    The application materials are incomplete or not in compliance with the statutory form, shall, on the spot or told to correct everything at once in the 5th, all units in accordance with the requirements to submit corrections materials should be accepted; fails to inform the correct content, shall be accepted as of the date of receipt of the application materials.
    Accepted or not accepted into the river outlet settings application, shall issue a seal and date in written form. 12th has water administration under the jurisdiction of the local people's Governments at or above the county level authorities catchment management authority shall accept or outfall into river sets the date of the application in the 20th to make a decision. Acceptance into the river outlet, should make an announcement, the public right to access; no acceptance of outlets into the River, it shall explain the reasons and inform the units apply for administrative reconsideration or bring an administrative suit right.
    For the preparation of environmental impact statements according to law (table) construction project, CC, the relevant decisions should also be responsible for the report (table) the approval of the Administrative Department of environmental protection.
    Have jurisdiction over the local people's Governments at or above the county level water conservancy administrative departments or according to needs of river basin management institutions, can set report on river discharge outlet organization expert review, and advise the units you want. River discharge outlet settings directly related to the vital interests of others, it shall inform the interested party.
    Units, interested persons are entitled to make statements and to defend themselves.
    River discharge outlet settings should require hearings or hearings, hold a hearing in accordance with law.
    Water administration under the jurisdiction of the local people's Governments at or above the county level authorities and river basin authorities before making a decision, river discharge outlet location shall be solicited views on the water conservancy administrative departments.
    Experts of the second paragraph of this article review and the provisions of the fourth paragraph of the hearing time required does not count within the period specified in the first paragraph of this article, have jurisdiction over the local people's Governments at or above the county level water conservancy administrative departments or river basin authorities should advise the units you want.
    13th article set into river sewage mouth law should handle river management range within construction project review procedures of, has jurisdiction right of County above place Government water administrative competent sector or basin management institutions in on the engineering construction application and engineering construction on flood control of effect evaluation for review of while, also should on into river sewage mouth set and argument of content for review, and on into river sewage mouth set on flood control and water resources protection of effect together issued review views.
    Set into the river outlet needs while handling water licensing and river discharge outlet settings application, have jurisdiction over the local people's Governments at or above the county level water conservancy administrative departments or river basin authorities should license for water and river discharge outlet settings application issued by the review. 14th article has following case one of of, not agreed set into river sewage mouth: (a) in drinking water water reserves within set into river sewage of; (ii) in provincial above government requirements cut sewage total of waters set into river sewage mouth of; (three) into river sewage mouth set may makes waters water up not to water function district requirements of; (four) into river sewage mouth set directly effect legal take water households water security of; (five) into river sewage mouth set not meet flood control requirements of; (six) not meet legal, and
    Regulations and industrial policies, and (seven) others do not meet the conditions of water conservancy administrative departments under the State Council. 15th acceptance of outlets into the river's decision should include the following: (a) into the river discharge outlet location, sewage and sewage entrance requirements; (b) special circumstances restrictions on sewage and (iii) measures for water resources protection requirements; (d) construction project into the river outfall inspection requirements before going live;

    (E) other matters requiring attention.
    16th experiencing serious drought or emergencies, such as the serious deterioration of water quality, water administration under the jurisdiction of the local people's Governments at or above the county level departments or basin management agencies shall promptly report to the relevant people's Government from its sewage units limit of the requirements.
    Article 17th of the People's Republic of China outlets have set up the River before the implementation of the water law, shall, after the implementation of this approach to River outfall water administration under the people's Governments at the County Department or watershed management departments registered outfall into river management units, summarized by its progressive and submitted to the jurisdiction of the water conservancy administrative departments or river basin authorities.
    18th competent administrative departments of local people's Governments at or above the county level shall water outfall status of drinking water source protection areas should be investigated and reported to people's Governments at the same level for approval to implement the proposed remediation programme.
    19th local people's Governments at or above the county level shall water Administrative Department and river basin authorities should set on river discharge outlet within the jurisdiction established filing system and statistics system. 20th water administration under the people's Governments at and above the county level authorities and river basin authorities should set on the river discharge outlet supervision and inspection.
    The units under inspection shall provide relevant documents, licenses and materials.
    Supervision and inspection authorities have inspected units keep the technical and trade secret obligation.
    21st without the jurisdiction of the local people's Governments at or above the county level the water conservancy administrative departments or river basin authorities for examination and approval, without authorization, in rivers and Lakes is set into the river outlet, in accordance with the People's Republic of China water law 67th of the second paragraph shall be investigated for legal responsibility.
    Was agreed by the review, but not complying with the requirements set in the river outlet, in accordance with the People's Republic of China water law 65th of the article and the People's Republic of China article 58th of flood control Act shall be investigated for legal responsibility.
    Set the outlet in the drinking water source protection areas, sewage outlet not in accordance with the established and dismantle of the treatment programme, in accordance with the People's Republic of China water law article 67th of the first paragraph shall be investigated for legal responsibility.
    22nd in river discharge outlet supervision and management of setting up and using, specified in this way, in accordance with these rules; this approach does not provide, necessary for construction projects within river management review process, in accordance with channel management in construction project management within the scope of the relevant provisions.
    23rd, into the river outlet settings applications and instruments such as river discharge outlet registration form format, developed by the water conservancy administrative departments under the State Council.
    Article 24th of all provinces, autonomous regions and municipalities directly under the water conservancy administrative departments and the river basin authorities, based on these measures, formulate implementing rules.
    25th article of the approach by the water conservancy Administrative Department under the State Council is responsible for the interpretation.
                                                26th article this way come into force on January 1, 2005.