Administrative Measures On Controlling Land Subsidence In Tianjin City

Original Language Title: 天津市控制地面沉降管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399572.shtml

Administrative measures on controlling land subsidence in Tianjin City

    (December 25, 2013 adopted by the Standing Committee of the municipal people's Government of the 22nd January 3, 2014 5th release of Tianjin Municipal since February 3, 2014) Chapter I General provisions

    First in order to effectively control the land subsidence, provide geological disaster, ensure sustainable economic and social development, according to the geological disaster prevention Ordinance (promulgated by Decree No. 394) and other laws and regulations, combined with the municipality, these measures are formulated.

    Second ground settlement in these measures, is due to natural factors or human activity caused the underground running ground consolidation and compression and result in a region-wide ground elevation lower geological phenomena.

    Article working in the administrative area of the city ground subsidence monitoring, prevention and management of ground subsidence control (hereinafter referred to as control settlement) apply to the activities of this approach.

    Fourth article of the municipal control settlement follow a comprehensive plan, and combination of regional joint prevention and control principles.

    Fifth of municipal and county-level people's Governments shall strengthen the settlement controlled leadership, controlled sinking into the national economic and social development plans and programmes, and organize relevant departments to take measures to do related work.

    Sixth municipal people's Government the establishment of control settlement and leading institutions through regular meetings, on ground subsidence control status, study and address major issues of control settlement and work, and urge the relevant government departments in implementing the land subsidence prevention and control responsibilities.

Article seventh subsidence control in municipal water conservancy administrative departments in charge of the city administration, assumed control settlement and daily work of leading bodies, and is directly responsible for the city's six districts to control settlement.

County Water Conservancy administrative departments depending on function is responsible for the administrative control heavy work.

    Construction of development and reform, transport, planning, land and housing, finance, agriculture and other sectors, shall, in accordance with their respective responsibilities, to do related work.

Eighth municipal people's Government the establishment of control settlement and special funds are mainly used for:

(A) land subsidence monitoring of the subsidence control plan, infrastructure construction and maintenance;

(B) land subsidence monitoring and exploration;

(C) land subsidence prevention and research;

(D) District subsidence control measures benefits.

Control settlement funds included in the city budget, earmarks, and accept supervision by the financial and auditing departments.

    County-level people's Governments shall control settlement and working requirements included in the present budget.

    Nineth made outstanding contributions in the settlement controlled work units and individuals, the municipal and county-level people's Governments shall give commendations and awards.

    Chapter II prevention

    Tenth of Municipal Department of water administration in accordance with the national geological disaster prevention and control the overall requirements and technical standards, organization, subsidence control plan, approved by the municipal people's Government municipal disaster prevention plan.

    11th city water conservancy administrative departments, based on the subsidence control plan, considering the actual situation of regional land subsidence, in ground subsidence area focused on ground-subsidence within the control area and control area, submitted to the municipal people's Government for approval before implementation.

12th fiscal built the ground subsidence monitoring facilities should be built, subsidence control plan, in accordance with the requirements; non-financial ground subsidence monitoring facilities built, subsidence control plan, priority requirements.

    Land subsidence monitoring facilities shall conform to the relevant standards and specifications.

13th in subsidence areas in the construction of the following projects, the construction unit shall have ground subsidence monitoring facilities under construction, project management unit of land subsidence monitoring should be strengthened, and to take the necessary preventive and protective measures to ensure safety:

(A) high speed railway, the mass transit railway, light rail and other transportation projects;

(B) urban water supply, drainage, gas, oil and other large works;

(C) urban flood control ring, sea embankment of large water conservancy projects;

(D) the height of more than 80 meters of the super high-rise building;

    (V) the key cause land subsidence in the area of land subsidence disasters or significantly affected by land subsidence disasters of other important construction projects.

    Article 14th Binhai New area people's Governments in land reclamation regional construction land subsidence monitoring facilities, strengthening the ground settlement monitoring and control settlement work.

15th property in land subsidence monitoring facilities or management unit the following information should be submitted to the municipal water conservancy administrative departments:

(A) technical data of land subsidence monitoring facilities;

(B) land reclamation regional subsidence observation data and related information;

    (C) projects have ground subsidence monitoring facilities under construction, engineering projects during construction and operation of ground settlement monitoring data, and related information.

16th of municipal water conservancy administrative departments are responsible for land subsidence monitoring data and information management, regularly communicated to the authorities, district and county people's Government.

    No other unit or individual is allowed to publish ground settlement monitoring data, and related information.

17th urban planning, village or town planning, covering the area of land subsidence area should be on ground surface subsidence hazard assessment of the scope of the settlement area.

Planning departments in the preparation of controlled detailed planning in the area of land subsidence and subsidence control requirements should be considered, and strictly control the volume.

    Settlement construction should be done in the region on the ground subsidence hazards assessment in accordance with the relevant provisions of the State.

    18th construction units should be made by experts, after review by ground settlement hazard assessment in the 10th, to water conservancy administrative departments for the record.

Article 19th units engaged in ground settlement hazard assessment shall obtain the appropriate level of qualification of geological disaster risk assessment, the City Department of land and resources administration after issuing the certificate, informed the municipal water conservancy administrative departments in a timely manner.

    Qualification of geological calamity dangerous assessment of units engaged in ground settlement hazard assessments, should be responsible for ground settlement hazard assessments, evaluation reports should be consistent with subsidence control management requirements, shall not issue false reports or false data. 20th construction excavation deeper than 5 m building project needs to negligent extraction of groundwater, water resources demonstration of construction should be and make land subsidence prevention measures based on demonstrated results.

Land subsidence prevention measures shall be submitted to the water conservancy administrative departments involving measures to secure construction, shall be submitted to the construction management Department.

Construction unit should give priority to block the water engineering design of groundwater aquifers, dewatering pumping underground water during construction, the ground subsidence control measures should be implemented after filing, the installation of metering facilities, groundwater pumping engines.

    Construction unit should be regional ground settlement monitoring of construction sphere of influence, irregularities, and construction management of the water conservancy administrative departments and departments in a timely manner, while ensuring safety and take effective measures to prevent land subsidence.

21st construction depth more than 5 m building project, construction units to take measures to effectively block the water groundwater and drainage water is recycled, exempt from the water resource fee; no block groundwater aquifers or set up a relief well, shall be paid in accordance with the relevant provisions of water resources fee.

    Site and construction safety conditions, the construction unit shall in the recharge of water sealing the outside layers, pump water recharge by partial non-payment of water charges.

    22nd road and railway Cross-River Bridge, river-crossing pipeline Cross River project and the construction of sea embankment, levee and other water conservancy projects should take into account the effects of land subsidence, reserve safety altitude.

    Article 23rd drilling ban on the use of groundwater in the administrative area of the city flooding.

    Chapter III governance Article 24th of ground subsidence caused by human activities such as construction, the responsible units assume governance responsibilities.

    Responsible unit by the water conservancy administrative departments, in conjunction with the departments concerned in accordance with the law, regulations and these regulations for accreditation.

25th of municipal water conservancy administrative departments under the ground settlement and the groundwater level distribution, mining of groundwater assessment on a regular basis, determine the total exploitation of groundwater, and the water level control.

Key control area forbidden in land subsidence added groundwater intake project and the addition of water, existing wells gradually sealed or filled as required.

    Ground subsidence control strict restrictions on new groundwater intake project in the region, existing wells and strictly control new production capacity and reduced production as required.

Article 26th city water conservancy administrative departments in collaboration with the municipal administration of land and resources departments to determine the city's annual geothermal water exploitation in area and volume and water level control. Ground subsidence control zone in strictly control the approval of new thermal exploitation of geothermal water in reservoirs of the Neogene, Neogene minghuazhen group limited exploitation of geothermal reservoirs, reservoir in guantao formation of Neogene in hot water for the introduction to fill mining, geothermal water intake engineering of water must not breakthrough exploitation indicators.

    General control of land subsidence district water shall not break the water level control of hot water intake project indicators, objectives should be to reduce production, strengthen the recharge, restoration of water levels, preventing ground subsidence. 27th new water projects should all construction layers of hot water recirculation systems, existing water intake project without a recirculation system, shall pay the recirculation of the same layer system. The reinjection of geothermal water intake project should meet to control settlement and geothermal resource management requirements.

Groundwater source heat pump project should to do with recharging, recharge the recharge project owner's expense.

    Back to the irrigation water is not inferior to the source water quality.

    28th ground subsidence control engineering property unit shall 10th after completion of project completion material newspapers within the water conservancy Administrative Department.

    Fourth chapter monitoring facilities, control protection

    Article 29th of ground subsidence monitoring facilities management and maintenance of the project by the owner is responsible for, management and maintenance responsibility may entrust relevant units responsible for the custody, delegate unit takes care of, shall sign a bailment, a clear duty of care.

Article 30th prohibits harm, damage, reducing the safety and efficiency of ground subsidence monitoring facilities:

(A) seize, damage, destruction of land subsidence monitoring facilities;

(B) unauthorized dismantling, moving, land subsidence monitoring facilities and the use of temporary measure markers;

(C) in the ground subsidence monitoring facilities covering fire, farming, Earth-fetching, sand-dredging or encroach on land subsidence monitoring facilities;
(D) within 50 m from land subsidence monitoring facilities quarrying, blasting, shooting and electric high-tension wires;

(E) within the covers of ground subsidence monitoring facilities, ground subsidence monitoring facilities using the effectiveness of building construction;

(F) communications erection on land subsidence monitoring facilities facilities, setting up wait-and-see, and tent, tethered animals or other attachments may damage the ground subsidence monitoring facilities;

(VII) land subsidence monitoring facilities are dismantles buildings or demolishing buildings on land subsidence monitoring facilities;

    (VIII) other harm, damage, reducing the safety and efficiency of ground subsidence monitoring facilities.

    31st prohibits vandalism, damage ground subsidence control engineering, are not allowed to stop using the recharge well, and land subsidence control engineering.

32nd engineering construction need to be removed due to ground subsidence monitoring facilities or works, the construction unit shall obtain the consent of monitoring facilities or treatment units or agreed with the management of property rights, and to bear the full cost of the relocation.

    On land subsidence monitoring facilities or treatment performed before demolition, property unit, subsidence control plan, shall, in accordance with the new building land subsidence monitoring facilities or management projects, ensure data integrity or project work.

    The fifth chapter legal liability

33rd article violates these rules, the construction unit has one of the following acts, rectification by the water conservancy administrative departments; fails and fined 5000 Yuan and 30,000 yuan fines:

(A) without the required construction of monitoring land subsidence monitoring facilities or not;

(B) require drainage pumping underground water, not water resources assessment or failing to make land subsidence prevention measures;

(C) drainage pumping of groundwater is not implemented in the course of construction for the record land subsidence prevention measures;

    (D) the drainage pumping groundwater construction is not required during the construction of regional land subsidence monitoring of the affected areas.

    34th article violates these rules, property in land subsidence monitoring facilities or management units are not required to submit relevant information, by the Municipal Department of water administration ordered to submit; fails to submit, and fined 1000 Yuan more than 5000 Yuan fine.

    35th article violates these rules, and units engaged in ground settlement hazard assessment issued false reports or false information, the Department of water administration fined 5000 Yuan and 30,000 yuan fines; the circumstances are serious, the Department of land and resources administration revoked its certificate.

    36th article violation this approach provides, to hot take water engineering not by requirements supporting construction with layer back irrigation system or not for back irrigation of, by water administrative competent sector or land resources administrative competent sector ordered deadline corrected; late not corrected of, by water administrative competent sector or land resources administrative competent sector according to their duties, according to geological disaster control Ordinance, related provides for punishment.

    37th article violates these rules, harm, damage, reducing the safety and efficiency of ground subsidence monitoring facilities, or vandalism, damage ground subsidence control engineering, by the water conservancy administrative departments be ordered to desist from the illegal act, restitution or take remedial measures of limited duration, may be fined a maximum of 50,000 yuan.

    Article 38th in violation of the rules on land subsidence monitoring facilities or treatment performed before demolition, property units not complying with the requirement to rebuild ground subsidence monitoring facilities or works, built by the water conservancy administrative departments ordered to fill the ground subsidence monitoring facilities or management projects, and a fine of 10,000 yuan and 30,000 yuan fine.

    The sixth chapter supplementary articles 39th article this way since February 3, 2014.