Administrative Measures For The Water Supply In Rural Areas Of Hubei Province

Original Language Title: 湖北省农村供水管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201310/20131000392294.shtml

Administrative measures for the water supply in rural areas of Hubei Province

    (June 24, 2013 Executive meeting consideration of Hubei Province on July 8, 2013, Hubei provincial people's Government announced order No. 360, come into force on September 1, 2013) Chapter I General provisions

    The first in order to strengthen the management of public water supply in rural areas, regulating the activities of rural water supply water, protection of rural water supply water security, according to the People's Republic of China water and the People's Republic of China water pollution prevention Act, and other laws and regulations, combined with the facts of the province, these measures are formulated.

    Second rural water supply within the administrative area of the province's planning, construction, operation, management and other related activities governed by this approach.

    Rural water supply in these measures, refers to the use of the public water supply pipelines and their auxiliary facilities for rural residents and units to provide water for life, production and other activities.

    Third rural water supply water development and water combine, give priority to safeguard the living water, the principles of integrated production and other water, ensure the safety of water for rural water supply.

    Article fourth rural water supply into local people's Governments above the county level shall be the national economy and social development plan, to take effective measures to support development of rural water supply, the relevant requirements incorporate the budget to guarantee long-term operation of rural water supply project.

    Township people's Government responsible for the administration of rural water supply in the Organization, direction and coordination.

    Fifth water Administrative Department of the people's Governments above the county level shall be responsible for the administration of rural water supplies in planning, construction, supervision and management, specific work by the rural water supply water management institutions to which they belong.

    Development and reform, the people's Governments above the county level financial, land and natural resources, construction, agriculture, health, environmental protection, pricing and other relevant departments according to the Division of responsibilities, work related to rural water management of water supply.

    Sixth rural water supply project are important public infrastructure in rural areas, is an important part of the public health system in rural areas, Governments at all levels should be encouraged and supported, as follows:

    (A) land for construction of rural water supply projects should be prioritized as a land for public projects;

    (B) rural water supply project of electricity should be given priority protection, its price is in accordance with the relevant provisions of national and provincial preferential;

    (C) rural water supply projects to provide water to rural residents, after local water conservancy administrative departments to verify, the actual quantity of water according to law shall be exempt from water charges;

    (D) protection of the environment, health and water conservancy administrative departments on water quality monitoring costs borne by the people's Governments at the corresponding level, shall not be charged to the water;

    (E) in accordance with the relevant provisions of the State of rural water supply project, run the appropriate tax concessions;

    (F) the development of other supporting policy in accordance with State regulations.

    Seventh article of any unit and individual have the protection of rural water supply, rural water supply project and affiliated facilities obligations and the right to destroy or damage the rural water supply, rural water supply project and its related facilities report and complaint.

    Planning and construction of chapter

    Article eighth water Administrative Department of the people's Governments above the county level shall, jointly with relevant departments of rural water supply development plan, the people's Governments at the corresponding level for approval and reported water Administrative Department of the people's Governments at a higher level for the record.

    Rural water development programs should be dovetailed with the development planning of urban water supply, into the urban and rural planning, differentiated Plains, mountainous and hilly areas, the implementation of classification, adapted to local conditions to build larger centralized water supply projects, urban water supply systems in rural extension, and gradually promote the integration of urban and rural water supply.

    Rural water development program need to be modified upon approval, shall, in accordance with the procedure provided for in the first paragraph of this article the approval and record.

    Nineth rural water supply projects for government investment, financing, public financing methods for construction.

    Encourage units and individuals to invest in rural water supply projects.

    Tenth new construction, renovation or expansion of rural water supply project, shall conform to the rural water development program, according to the relevant regulations of the State, according to the procedures relating to the capital for the project approval procedures.

    11th rural water supply project investigation, design, construction, supervision and quality inspection, shall conform to the standards and norms in national and provincial technology, assumed by the unit shall obtain the corresponding qualification; construction of pipes and facilities shall conform to the requirements of the national standard.

    In accordance with the relevant provisions of national and provincial tenders for rural water supply projects, the survey, design, construction, supervision and construction-related equipment and materials procurement, should be legal tender.

    Article 12th after completion of the water supply in rural areas, should be in accordance with the relevant provisions of national and provincial organizations acceptance, unqualified acceptance or acceptance shall not be put to use.

    Upon the acceptance of rural water supply project, construction and management shall promptly complete the project entities, other information, such as procedures for the transfer of fixed assets and project archives.

    Chapter III water supply and water use

    13th ownership of rural water supply project in accordance with the following principles:

    (A) by the people's Governments above the county level to invest in the centralized water supply projects, belongs to the State, decentralized water supply project, to all beneficiaries;

    (B) by collective financing preparatory work construction of water supply projects, the collective;

    (Iii) by an individual (enterprises) investment and construction of water supply projects, to all investors;

    (D) by the Government, collectives and individuals (business) joint investment in building water supply projects, determined according to the proportion of ownership.

    The preceding paragraph (a), (d), government investment in rural water supply project in part may be auctioned, transferred its ownership. 14th owner in accordance with the principle of the separation of ownership and control, identify business models and operators (hereinafter referred to as the water supply).

    Owners and water supply units shall sign a contract and specify the rights and obligations of both parties.

    Government investment or transfer of rural water supply project management of government investment should be determined by tendering or auction methods such as fair competition, and submitted to the County Water Conservancy Administrative Department.

    Encourage the formation of regional, professional supply Organization for unified management of water supply in rural areas.

    Rural water supply project the Government invest part of the revenue should be used for the construction and management of rural water supply project.

    15th article water supply units must obtain a health permit, in line with the national rural water supply unit qualification standards, as well as other conditions stipulated by laws and regulations, before engaging in the management of rural water supply project. 16th should install quality settlement of water meter, the cost borne by the users.

    Need installation, modification clearing meter shall be agreed with the consent of the water supply, and the Organization and implementation of water.

    17th water supply units are not allowed to go out of business, and business. For maintenance, construction and other reasons, you need to temporarily cut off, should be notified 24 hours in advance of water users because of disasters or emergencies, not notice, should be informed at the same time the repair of water users. These problems, should be reported as soon as possible to restore normal supply and water conservancy Administrative Department.

    Suspension of water supply for more than three days, temporary water supply measures should be taken. No unit or individual may obstruct or interfere with emergency repair of water supply facilities. In case of emergency, can affect the repair operation of water facilities, objects to take necessary measures.

    After the repair operation is complete, water should be restored in time; losses caused, shall bear the compensation liability of water. Article 18th practice the paid use system of water supply in rural areas.

    Water units and water users should be in accordance with relevant laws, regulations, water pricing policies signed a supply contract with water, specify the rights and obligations of both parties.

    19th supply unit shall perform the following obligations

    (A) water shall conform to the regulations of the State of water quantity, water quality, water pressure and supply guarantee requirements;

    (B) periodic testing and maintenance, conservation, water supply facilities, and document registration;

    (C) established water supply accident repair phone and to the public;

    (D) strengthening the training of practitioners, establish and improve the system;

    (E) accept supervision and inspection of water Administrative Department and relevant departments.

    Article 20th water user shall perform the following obligations:

    (A) timely payment of water charges, shall not be in arrears or refusal;

    (B) without changing the nature of water;

    (C) shall not misappropriate or unauthorized transfer to other units and individuals for the public water supply in rural areas;

    (D) the modification or termination of water should be to go through the relevant formalities of water. Article 21st water users are not paid according to the contract charges, and shall pay the penalty in accordance with the contract, supply unit shall serve on the arrears of water users of the reminder notification. Users receive the reminder notice is not paid in the 30th after charges and liquidated damages, in accordance with the contract suspension of water supply.

    Water users pay arrears of suspended water supply water and after contract breach, water supply units shall resume water supply within 24 hours.

    Under fee suspended supplies of water, shall not affect the normal fee to other household supplies.

    22nd rural water pricing in accordance with the compensation costs, reasonable returns, water, principles of fair burden, depending on the nature of water and use category pricing.

    23rd section of city water supply system extends to rural water supply, rural water users should be given a discount. Cities should be on rural water supply of water meter directly to the home, charging.

    City water meter has not been directly to households, shall, in accordance with principles of Terminal water price water for urban and rural household is broadly in line, as appropriate, taking into account rural network operating cost and water loss, determines the water price for rural water supplies wholesale, based on the wholesale price of rural water users in determining water prices.
Article 24th of rural water supply introduction of metering, implement basic water price and measure combination two-part water price of water prices.

    A two-part water price, basic monthly fixed charge for basic water of water by water users, measure the months of actual consumption of water by water users after discounting the charge balance after months of basic water quota. Water should be based on actual and relevant provisions, respectively determine the months of basic water consumption quota of water users, the County implemented after approved by the water conservancy Administrative Department.

    Months of basic water consumption quota of rural residents shall, in accordance with approved national water standards on drinking water safety in rural areas.

    25th rural water supply price determined according to the following procedure:

    (A) urban water supply system extends to rural water supply, rural central water supply Government pricing, village water supply price, prepared by the water supply price scheme, the County price approved by the competent authorities and the water conservancy Administrative Department, centralized water supply in TRANS, on regional level on common people's Government price departments approved by the water conservancy administrative departments;

    (B) the villagers collectively to set up their own use of centralized water supply, single village government guidance pricing water price of water supply, water supply water by both sides in the County within a price range determined by the competent consultation.

    Develop rural water supply price Government prices and Government guidance prices, prices should be in accordance with legal procedures, costs, investigations, hearing public opinions and collective consideration, make pricing decisions, announcements, etc.

    Develop rural water supply price Government prices and Government guidance prices, pricing released shall be formulated in accordance with provincial Department in charge of price hearing list of law hearing.

    Article 26th after water prices should be to the public.

    Below the cost of reasonable water price should adjust prices or grant appropriate subsidies by the Government according to law.

    Approved water price of water supply production costs, fees and changes in market supply and demand needs to be adjusted, in accordance with legal authority and procedure for approval.

    27th relevant departments of the people's Governments above the county level shall strengthen the rural water supply project water management, usage monitoring, no unit or individual may intercept or divert the water.

    Shall, in accordance with the relevant provisions of water provision for rural water supply projects in fixed assets depreciation and overhaul costs for renovation and transformation of rural water supply project, ensuring earmarking.

    Government investment and public funding to raise labor does not participate in the profit calculation.

    28th water Administrative Department of the people's Governments above the county level should be established within the administrative area of the rural water supply information, strengthen the supervision and inspection of rural water supply project in operation.

    The fourth chapter, facilities management and maintenance

    Article 29th on the management of various water supply facilities of water shall conduct regular checks and maintenance to ensure safe water supplies. Clearing water intake of water to the water meter and clearing of water supply facilities, the supply unit are responsible for management and maintenance.

    Settlement meter to the use of water supply facilities, the water users are responsible for management and maintenance.

    A villagers ' Committee shall assist in maintenance of water supply facilities in rural areas in the village. 30th is forbidden in the public water supply Internet connections in rural areas water intake facilities or construction of facilities for water supply pipe network system and connected to the public water supply network system in rural areas.

    Banning the production or use of toxic and hazardous materials units managing their production network system directly connected with the public water supply network system in rural areas. 31st County people's Governments shall, in accordance with national and provincial regulations of public security of water supply pipelines and their auxiliary facilities protection, protection, responsible or responsible person.

    Supply unit should be established within the safety protection range of protective emblems, inform the scope of protection, and prohibitions.

    On rural public security within the scope of protection of water supply pipelines and their auxiliary facilities, prohibit the following activities:

    (A) digging pits, soil, sand-digging, blasting and pile driving operations;

    (B) the discharge of toxic and harmful substances;

    (C) the construction of buildings and structures;

    (D) the piled up garbage, feces and other waste, pollutants;

    (E) other activities undermining the security of water supply facilities in rural areas. 32nd engaged in construction or other activities that may affect the safety of water supply facilities in rural areas, measures should be taken in accordance with the requirements of water and protection.

    Cause damage to the water supply facilities, organized by the water supply unit to repair, the costs borne by the responsible; loss of, the person responsible shall bear the compensation liability.

    Article 33rd without authorization, no unit or individual is allowed to conversion, migration, dismantle public water supply facilities in rural areas. Needed modifications, relocation, demolition of public water supply facilities in rural areas, shall, on the 15th with the consensus of water before construction, implementing measures relating to water main project, should ask the water conservancy Administrative Department.

    By modification, relocation, demolition of damaged public water supply facilities in rural areas, the person responsible shall compensate.

    The fifth chapter water sources and water quality

    34th people's Governments above the county level shall strengthen rural water protection and water quality monitoring, promoting rural water supply project water quality monitoring capabilities, and effectively safeguard rural water supply security.

    The people's Government above the county level to environmental protection, health and water conservancy administrative departments shall, in accordance with the Division of responsibilities, strengthening the protection of rural water supply and water quality monitoring, relevant bodies of the Organization on a regular basis to test the water, testing, and publishing the results.

    35th rural water supply projects using water resources should be integration of surface water sources and groundwater, giving priority to development and utilization of surface water source. Implementation of drinking water source protection areas of water supply system in rural areas. Centralized water supply projects for drinking water source protection area delineation plan put forward by the County Government, submitted to the provincial people's Government, and a clear responsibility to protect the unit or person responsible.

    Drinking water source protection areas at the county level, and agreed jointly by the people's Governments at the county level, provincial people's Government.

    Centralized water supply projects for drinking water source protection areas in accordance with the following criteria defined:

    (A) to General River for water water of, water protection district for take water points upstream many Yu 1000 meters to downstream many Yu 100 meters of waters; to Yangtze River River for water of, water protection district for take water points upstream many Yu 2000 meters to downstream many Yu 100 meters of waters, to HANJIANG River River for water of, water protection district for take water points upstream many Yu 5000 meters to downstream many Yu 100 meters of waters;

    (B) reservoirs, lakes and ponds for water supply, according to the different needs, water points around any part of the waters or the waters and their designated water source protection zones along the coast;

    (C) to groundwater, spring water, water points around the water source protection zone of not less than 100 meters of the range.

    Decentralized water supply projects such as wells, cisterns for drinking water source protection areas, for not less than 30 metres around the water points range.

    People's Governments at the county level in drinking water source protection areas established water protection sign, inform the scope of protection, and prohibitions, and planting trees and grass in the water supplement range, and water conservation.

    Article 36th in the drinking water source protection areas, prohibit the following activities:

    (A) the discharge of industrial wastewater, domestic wastewater;

    (B) stacking, dumping, burying industrial waste, solid waste and other toxic and hazardous waste;

    (C) the construction of latrines, animal farm;

    (D) engaged in livestock and poultry aquaculture, cage culture, tourism, swimming and fishing;

    (V) use or uses prohibited by the State restrictions on the use of highly toxic, high residue pesticide and toxic substances in fish feed, fish medicine;

    (Vi) engage in reclaimed river channel and beaches and waters of lake reclamation and other illegal embezzlement activities;

    (VII) damage to water conservation forests and vegetation of Bank protection forest and water conservation-related;

    (VIII) engage in other activities that may pollute the water or may lead to depletion of water sources;

    (IX) engage in other activities prohibited by laws and regulations.

    Course of geological drill, protective measures must be taken, tiered water, containment to prevent pollution of groundwater.

    37th shall set up water purification and disinfection of water facilities, water supply safe products and disinfection products complies with the national standards, establish and improve the water quality monitoring system to ensure that health standards for drinking water quality in accordance with national requirements.

    Water should be water, water factory, water distribution system, user terminal, water and other water quality tests regularly to County Water Conservancy administrative departments and the Administrative Department of public health report test results.

    Water supply units did not have water quality testing capabilities, shall entrust a qualified institution periodically for testing.

    Article 38th water Administrative Department of the people's Governments above the county level shall organize the preparation of emergency response plan for rural water supply, water supply units the unit water supply emergency plan should be developed and reported to the local water conservancy administrative departments for the record, prevent and reduce emergency water damage caused by accidents, ensure water supply safety.

    Due to water pollution or other sudden accident of water supply water, water pollution, water supply units shall start immediately the unit water supply emergency plan, emergency measures, and to report to the county where the accident occurred.

    39th rural water quality in public water supply sources are damaged or contaminated, who shall destroy, who restored and who pollutes, pays principles, by those responsible for managing recovery causes losses to others, should compensation according to law.

    The sixth chapter legal liability

    40th article violates these rules, laws, regulations, penalties, from its provisions.

    41st article violates these rules, any of the following acts, by the water conservancy Administrative Department in charge shall command the people's Governments at the county level to stop the illegal practice, and more than 5000 Yuan and 30,000 yuan the following fines:

    (A) violation of the rural water development program of new construction, renovation or expansion of rural water supply project;

    (B) failing to make appropriate professional qualification or qualification beyond the scope, without authorization, the rural water supply project investigation, design, construction, supervision and quality testing;

    (C) not complying with the provisions of the national and provincial technical standards and norms for rural water supply project investigation, design, construction, supervision and quality inspection.

    42nd article violates this regulation, water supply units of any of the following acts, by the Department of water administration under the people's Governments at the county level shall be ordered to correct, and concurrently impose a fine of less than 1000 Yuan and 10,000 Yuan:
(A) the water supply does not meet the requirements of the national water quantity, water quality, water pressure and supply guarantee requirements;

    (B) unauthorized stops water supply water supply or failure to fulfil the obligations of notification;

    (C) failing to repair water facilities or failing to repair after the failure of water supply facilities.

    43rd without authorization of water to the water user charges fees, pricing departments will be punished according to law.

    44th article violates these rules, any of the following acts, by the Department of water administration under the people's Governments at the county level shall be ordered to desist from the illegal act, restitution, take remedial measures such as paying water charges, and people directly responsible penalty of between 2000 Yuan and 200 Yuan, the responsible units penalty of between 5000 and 2000 Yuan:

    (A) the changing nature of water;

    (B) theft or unauthorized transfer to other units and individuals for the public water supply in rural areas;

    (C) unauthorized taking water in the public water supply network connection facilities or construction of facilities for water supply pipe network system and connected to the public water supply network system in rural areas.

    45th article violates these rules, any of the following acts, by the water conservancy Administrative Department in charge shall command the people's Governments at the county level to stop the illegal practice, in addition to the original value of damaged water supply price compensation and confiscation and loot, but directly responsible person fined 500 Yuan more than 2000 Yuan fine and the unit in charge shall be fined a maximum of 2000 more than 5000 Yuan:

    (A) destroys, destroyed rural public water supply pipelines and their auxiliary facilities protection signs and marking of rural water drinking water source protection areas;

    (B) public water supply pipelines and their auxiliary facilities in the countryside safety hazards within the scope of protection of rural water supply facility security activities;

    (C) unauthorized modification, relocation, demolition of public water supply facilities in rural areas.

    46th article production or using toxic harmful material of units will its production water tube network system and rural public water tube network system directly connection, yet caused serious consequences of, by County Government water administrative competent sector ordered deadline demolition, and on responsibility units competent personnel at 5000 Yuan above 10,000 yuan following fine, on responsibility units at 10,000 yuan above 50,000 yuan following fine; constitute crime of, law held criminal.

    47th obstruction and interference of water Administrative Department staff performing official or water for public water supply facilities in rural areas for inspection, maintenance or repair work is being urgently activities contravening public security management by the public security organs shall be subject to administrative penalties for public security constitutes a crime, criminal responsibility shall be investigated according to law.

    48th water conservancy administrative departments and staff in rural water management authorities of dereliction of duty, abuse of power, favoritism, and by their work units or by the competent authorities shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    The seventh chapter by-laws 49th article of the rules take effect on September 1, 2013.