Tangshan City River Management

Original Language Title: 唐山市市区河道管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399300.shtml

Tangshan City river management

    (November 28, 2013, Tangshan City people's Government Executive meeting of the 6th through 4th December 11, 2013, Tangshan City people's Government promulgated as of February 1, 2014) Chapter I General provisions

    First to strengthen the protection and management in the urban areas, protection of urban flood control and water supply security, maintenance of water environment in urban rivers, River effect into play, according to 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, combined with the city's actual, these measures are formulated.

Second approach applies to River and affiliated facilities in the city.

    Urban river include douhe (outlet to lunan district and fengnan district at the junction of douhe reservoir), the Black Dragon River, ligezhuang River, Temple of Nanhu Lake in Northwest Rivers, drains, the aqueduct. Third municipal water conservancy administrative departments administrative departments of urban river.

    Urban river management unit is in charge of management in the urban areas.

Fourth urban river management unit shall perform the following duties:

(A) day-to-day management of urban rivers and their supporting facilities, repair and maintenance;

(B) urban river channel flood control work;

(C) management urban watercourses, protection of agricultural irrigation water supply, supply of industrial water for emergency and standby water source and the urban landscape along the river;

    (D) shall perform other management duties according to law.

Fifth urban river flood control work by the municipal flood control headquarters unified command, specific provisional regional flood control headquarters is responsible for the flood control and rescue work.

    River Water Conservancy facilities, vessels and floating facilities, operation should be subject to city flood control headquarters dispatched.

    Sixth article any unit and individual have the maintenance of river water environment, protect the channel works in complete safety and flood control obligations according to law, breach of river training works and ancillary facilities right to stop or report.

    Chapter II construction and renovation

    Article seventh Organization of urban planning Administration Department planning and planning, urban flood control planning should be met, in the process of making city water conservancy administrative departments shall be solicited.

Eighth river management within the urban waters, beaches, embankments, berms and other areas of development, should be integrated, subject to the overall planning of flood control and urban development.

    Use and construction of river bank-line shall meet the requirements for flood control, River.

    Nineth urban river management by the urban city blue line delineated by the water conservancy administrative departments, and in consultation with planning and administration departments, after approval from the municipal government.

    Tenth urban river need to occupy land, settled by the municipal people's Government, and in accordance with the provisions of land use procedures.

    11th urban river management within the building, rebuilding, expansion outlets, in front of the environmental protection administration departments for approval, shall solicit the suggestion by the water conservancy Administrative Department. 12th green across the urban river management, shall conform to the river course for flood discharge and discharge safety and soil and water conservation, flood control, engineering requirements, and seek the city's water conservancy administrative departments.

    Due to river flooding, flood, loss of maintenance cannot be avoided, such as green, no compensation for municipal water conservancy Administrative Department.

Within the 13th in urban river management, engaged in new construction, renovation or expansion of the following construction projects, water, shall be subject to approval by the Administrative Department:

(A) across the River, the river wear, River, wear Causeway bridge, bridges and culverts, roads, pipelines, cables and other facilities;

(B) of dams, dikes, gate culverts, aqueducts, channels, inverted siphon, water intake and outlet works;

(C) the construction of a factory or other building facilities;

(D) engaged in tourism, leisure and entertainment development project;

    (E) the laws and regulations of other construction projects. 14th of municipal construction project of water conservancy administrative departments to accept applications, review issued shall, within 20 working days.

    Require organizations to demonstrate the required period is not counted.

15th construction project approval, units or individuals in the pre-construction design, implementation arrangements and other documents submitted to the urban river management unit and a responsibility, accept the urban river management unit supervision.

    Completion of the acceptance of municipal water conservancy administrative departments shall participate in and acceptance before they can put to use.

    16th urban approved construction projects within river management, its Wade works part should be by water conservancy construction qualification of unit construction and qualification units of water conservancy engineering construction supervision. 17th approved building activities in urban river management areas, taking up waters of river water works facilities or unit or equivalent and remedial measures should be taken.

Unable to adopt equivalent measures, shall be compensated in accordance with the relevant provisions; project construction on River levees and other water works facility damage or causing silting of unit or individual should assume responsibility for compensation or dredging.

    River management within the occupied land units or individuals shall be liable within the water project levee maintenance responsibilities, ensure the safety of river channel flood, water. Municipal water conservancy administrative departments in accordance with the relevant provisions of article 18th engineering maintenance management in the levy and collection of river sources in the urban area, turned over to municipal finance in full, included in the Fund's budget income.

    Urban watercourses construction, repair, maintenance and other costs included in the budget of the Fund of expenses.

    Chapter III protection and removal

    19th urban river management units for urban river management should be strengthened within the scope of waters, beaches and dikes, berms and other water management and protection.

20th urban river management unit shall have the river training works planned maintenance, maintenance and dredging.

    Urban river management within the construction of wharves, water intakes, outlets, improving the navigation and other projects by the beneficiary units are responsible for management and maintenance.

    21st urban river management units should be checked on a regular basis within the river channel management activities affect the safety of river running, rectification. 22nd urban river management units shall improve river water quality protection.

    Environmental Protection Administration should be rivers of sewage-related information on a regular basis, CC, city water conservancy Administrative Department. 23rd city river water units should be in accordance with the relevant provisions of water permits, water agreement signed.

    Water units should be in accordance with the regulations the timely payment of water bills.

Within the 24th in urban river management, prohibit the following activities:

(A) the construction of the dike, blocking water channel and water blocking roads waterblocking buildings;

(B) reclamation rivers, plant tall crops, water plants such as reeds and trees;

(C) the cast throw debris, dumping of garbage, waste, slag, snow and other waste;

(Iv) interception, to seize water, disrupting the order of water supply, water supply and drainage;

(E) unauthorized activities such as rowing, swimming, skating;

(F) occupy the waters of farming, fishing, fish, non-fishing in specified areas;

(G) the stacking, dumping, wash, bury, pesticide emissions, waste water and other material for polluted water;

(H) the washing in the river for storing oil or toxic pollutant vehicles, containers;

    (IX) other activities affecting the river running.

Within the scope of article 25th in levee, prohibits the following activities:

(A) building, open drains, wells, dug cellar, mass graves, drilling, blasting, soil, dug fish ponds, storage materials, digging sod, kenzhong body, the exploitation of underground resources, at fairs and other events;

(B) damaged, stolen, damaged dikes and embankment, dam, barrier water engineering buildings and flood control facilities, hydrological monitoring facilities, riparian geological monitoring facilities and communication facilities such as lighting;

(C) damaged, moved, milestones, boundary markers and other facilities;

(D) non-management personnel to operate the gate, dams, culverts and other water conservancy facilities;

(E) vehicles on track machines or exceed the carrying capacity of embankment project;

    (F) other activities against embankment safety.

26th urban river management works within the following water obstructions or facilities within the prescribed by the barricades for removal:

(A) serious backwater, blocking water flood-threatening the safety of bridges, roads, pumping stations or other cross-River project facilities;

(B) water river fishing gear, roads, canals, embankments, walls, houses;

(C) sedimentation caused by drainage;

    (D) other river flood safety and stability of river of obstructions.

    27th city River and the old River levee, original works, without the approval of municipal water conservancy administrative departments, ring gaskets without authorization, appropriation, closed or dismantled.

    The fourth chapter legal liability

    28th in violation of the provisions of article 13th shall be ordered to stop illegal activities; engineering infrastructure seriously affect the safety of flood control, shall be ordered to dismantle, fails to dismantle, forcibly removed, the costs borne by the employer affects flood but the remedial measures can be taken, ordered to take remedial measures, can be fined a maximum of between 100,000 yuan and 10,000 yuan.

29th in violation of the provisions of article 24th, ordered to stop the illegal practice, rectification, and the following shall be punished:

(A) contravenes subsection (a), (I) the requirement late removal, not restitution, forcibly removed and fines of between 10,000 yuan and 100,000 yuan;

(B) contravenes subsection (b), (c) the provision, to a fine below 50,000 yuan;

(C) contravenes subsection (iv) provisions, fines of between 50 Yuan and 500 Yuan; (D) contravenes subsection (v), (vi) provision, which belongs to the business activities, has illegally obtained, the illegal income three times but not more than 30,000 yuan fines; no illegal income, and fined 1000 Yuan and 10,000 yuan fine.

Belonging to non-business activities, fines of between 200 Yuan and 500 Yuan;

    (E) contravenes subsection (g), (h) the provision, in accordance with the People's Republic of China water pollution prevention Act are punishable.

30th in violation of the provisions of article 25th, ordered to desist from the illegal act, remedies, and penalties in accordance with the following provisions:

(A) contravenes subsection (a), (f) provided, fined a maximum of between 50,000 yuan and 10,000 yuan;

(B) contravenes subsection (b) the provision, to a fine below 50,000 yuan;
(C) contravenes subsection (c) provides, can be fined a maximum of between 3,000 yuan and 500 Yuan;

(D) contravenes subsection (d) and (e) provisions, fines of between 50 Yuan and 500 Yuan.

    31st in violation prescribed in this way affect the safety of urban river channel flood water obstructions or works, to order the barricades to alteration or removal, restored to its original condition within; if no alterations or not clear, do not restore, forcibly cleared by the municipal flood control headquarters, the costs are borne by the barricades.

    Article 32nd hinder municipal water conservancy administrative departments or urban river management unit staff performing official duties according to law, in violation of the People's Republic of China Law on administrative penalties for public security, administrative penalties by the public security organ; a suspected crime, transferred to judicial organs for handling.

33rd of municipal water conservancy administrative departments and staff members of the urban river management units of any of the following acts, by their work units or the competent authority be given an administrative sanction; a suspected crime, transferred to judicial organs for handling:

(A) corruption, interception and diversion channel construction, repair and maintenance management fees and other fees;

(B) the reported violation is found or received, not promptly investigated;

(C) not according to prescribed procedures and time frames for audits of construction projects;

(D) do not use or charge confiscated instruments;

    (E) other acts of dereliction of duty, abuse of power, favoritism.

    The fifth chapter by-laws 34th article of the rules take effect on February 1, 2014.