Administrative Measures Of Guangdong Province, The Guangzhou Xijiang Water Diversion Project

Original Language Title: 广东省西江广州引水工程管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201303/20130300385532.shtml

Administrative measures of Guangdong Province, the Guangzhou Xijiang water diversion project

    (November 21, 2012, the Guangdong provincial people's Government, the 11th session of the 106th general meeting November 27, 2012 177th promulgated by the people's Government of Guangdong Province as of February 1, 2013) Chapter I General provisions

    The first in order to strengthen the protection and management of Xijiang River water diversion project in Guangzhou to ensure Guangzhou Xijiang water works facilities up and running to ensure water supply safety, in accordance with the People's Republic of China water law, the water regulations, the Guangdong water conservancy management regulations and other laws and regulations, combined with the facts of the province, these measures are formulated.

    Article the Guangzhou Xijiang water diversion project construction, protection, management, and other related activities governed by this approach. This article referred to the Guangzhou Xijiang water diversion project, is under the Sanshui district, Foshan City, chencun along the Xijiang River water intake to the various works of water pumping stations, water pipelines and auxiliary facilities, and other facilities.

    Includes:

    (A) from the Sanshui district, Foshan City water intakes to the water treatment plant for water pumping stations along;

    (Ii) by Sanshui district Xia Chen Xijiang take water mouth pumping station, through Jiang Gen village, by Sanshui II Bridge, and Qiao sang joint surrounding, through Nansha Chung, and Dongping waterways, and East sand surrounding, and North River levee, and wide Mau railway, and wide three high-speed, and West II ring, and along things second-tier, and Foshan a ring North line, and white NI waterways, along Jay gang Avenue to Jay gang distribution pump station of lost pipes road route;

    (C) the feeder pipeline link to the water pipes extension;

    (D) along the well valve, valve, pressure measuring devices, video surveillance equipment, signs, warning signs, maintenance channel pipeline subsidiary of trunk and branch facilities;

    (E) for high and low voltage transmission line, substation equipment and structures, as well as dedicated communication lines, radio facilities and structures, and other facilities.

    Fourth provincial water conservancy administrative departments is the Administrative Department of the Guangzhou Xijiang water diversion project, is responsible for implementation of this approach.

    Provincial water conservancy administrative departments may appoint Guangzhou, Foshan water Administrative Department is responsible for the day-to-day administration of the Xijiang River water diversion project in Guangzhou.

    Government at all levels along the Xijiang River water diversion project in Guangzhou Province water conservancy administrative departments in Guangzhou Xijiang water diversion project of protection and management.

    Public security, Ministry of land and resources, planning, housing and urban-rural development, environmental protection, transportation, agriculture, navigation, maritime administration in accordance with the relevant laws and regulations, the provisions of regulation, in accordance with their respective responsibilities, to coordinate with the protection and management of Xijiang River water diversion project in Guangzhou.

    Fifth Guangzhou Xijiang water diversion project management unit is responsible for the Guangzhou Xijiang water diversion project inspection, maintenance and management.

The sixth article of any units and individuals have the obligation to protect the Guangzhou Xijiang water diversion projects, and may prevent and report acts of undermining the security of facilities.

    Guangzhou municipal water supplies, water conservancy administrative departments, administrative departments, Foshan water Administrative Department, Guangzhou Xijiang water diversion project management units shall establish a complaints system, method of public complaint, informed of the results of an informer, and gives awards to units and individuals to report active.

    Chapter II scope of management and protection

    Seventh 16th under the Guangdong provincial water management Ordinance provides that the Guangzhou Xijiang water diversion project management areas:

    (A) water intakes within 200 meters around the area;

    (B) pipeline edge horizontally within 5 metres of each region;

    (C) through the Nansha, Dongping waterway, Southwest, Bai Nihe pipeline edge horizontally within 200 meters of each region;

    (D) the Xijiang River water diversion project in Guangzhou requisitioned and leased other land.

    Guangzhou Xijiang water diversion project management scope to extend the scope of protection area within 20 meters.

    Article eighth Guangzhou Xijiang water intake of water diversion project in a range of water and land, from Foshan, Guangzhou and other relevant municipal and district people's Government in accordance with the People's Republic of China Law of prevention and control of water pollution, the Guangdong provincial drinking water protection Ordinance provides that organizations together domestic and drinking surface water delineation of the secondary reserve programme, submitted to the provincial people's Government for approval.

    Nineth defined by the Guangzhou Xijiang water diversion project management and protection overlaps with the scope of management and protection of other facilities or crosses, the provincial water conservancy administrative departments and the Guangzhou Xijiang water diversion project management unit and the facility's administration and management consultation.

    Tenth province water conservancy administrative departments in the Guangzhou Xijiang water diversion project management and sets the bounds of the scope of protection of permanent identification mark, Guangzhou Xijiang water diversion project management unit is responsible for the identification of the buried and day-to-day management.

    Set within the areas controlled by the highway, highway construction identification sign should be approved by the highway authority.

    No unit or individual shall dismantle or cover, move, alter, damage the Guangzhou Xijiang water diversion project in permanent marker.

    Chapter III management and protection measures

    11th article in the Guangzhou Xijiang water diversion project within the scope of control, prohibit the following acts against safety operation of Engineering:

    (A) opens and closes the valve without authorization;

    (B) dumping, emission of toxic, radioactive, corrosive substances or contagious-disease pathogens and other hazardous substances;

    (C) the laying of pipelines and their auxiliary facilities may produce erosion of pipes or other structures, planted Banyan trees, eucalyptus and other roots, could damage the pipeline anti-corrosion layer of plants;

    (D) in strengthening measures taken by aqueduct over or parked vehicles, a large number of stacked stone, brick, metal, wood and other goods;

    (E) the laws, regulations and rules under other acts against water diversion project operation.

    12th banning pipelines and their auxiliary facilities across the river management within the construction of piers, anchor or drag anchor, mining, dredging of sand and soil, pipelines and their auxiliary facilities, but the premise of taking security measures, except for flood prevention and dredging of navigable. Prohibition in the Guangzhou Xijiang water diversion project within the scope of management for mining, extraction of groundwater and drilling operations.

    For projects such as road repairs except those needed for mining operations, subject to pipelines and their auxiliary facilities to take security measures.

    13th above the pipeline within 20 metres of space, construction of a building, structure or erection of power lines, communication lines and other facilities, according to the 16th article of the approach shall be followed.

    The 14th article in the Guangzhou Xijiang water diversion project within the scope of management and protection, must not endanger the safe operation of engineering blasting, drilling wells, quarrying, soil, steep land reclamation, or piling up pollutants emissions and other activities.

    15th no unit or individual may appropriate, destroyed water pumping stations, piping, valves, pressure measuring devices, video surveillance equipment, a dedicated transmission and communication lines, special transformer equipment, special radio facilities. 16th in the Guangzhou Xijiang water diversion project within the scope of management and protection, construction, reconstruction and expansion of all types of construction projects, its construction programme should be approval by the provincial water conservancy administrative departments. Construction supervision and inspection shall be subject to provincial water conservancy administrative departments, project completion acceptance provincial water conservancy administrative departments shall participate in.

    Provincial water conservancy administrative departments may appoint Guangzhou, Foshan water Administrative Department reviews construction programmes, supervise, participate in the process of completion.

    Construction application review project-building programmes, shall submit the following information:

    (A) the application for construction plan approval;

    (B) the views of the Guangzhou Xijiang water diversion project management unit;

    (C) involving the Guangzhou Xijiang water works of engineering construction management and overall plan of the protected area.

    Provincial water conservancy administrative departments at the time of review of the construction programme, people's Governments above the county level shall solicit the construction project is located, and other relevant departments.

    17th in the Guangzhou Xijiang water diversion project management and construction operations within the scope of protection, the construction unit shall take special protective measures, develop water safety, and other emergency response plan for accidents, and written notice before the project starts 7th Guangzhou Xijiang water diversion project management unit; projects such as road repairs, the relevant units should notify the Guangzhou Xijiang water diversion project management unit.

    Guangzhou Xijiang water diversion project management unit shall assign special personnel to the site of pipelines and their auxiliary facilities protection safety instructions.

    The 18th Guangzhou Xijiang water diversion project management unit shall establish and improve inspection and maintenance systems.

    Guangzhou Xijiang water diversion project management units in the inspection and maintenance during facility failures or security breaches, shall immediately repair or remove, and report on provincial water conservancy administrative departments as well as local municipal water conservancy Administrative Department.

    19th article Xijiang Guangzhou diversion engineering management units should in Xijiang Guangzhou diversion engineering management and protection range within construction video security monitoring system, for real-time Visual of monitoring, found against or may against Xijiang Guangzhou diversion engineering security run of behavior or engineering facilities run appeared exception Shi, should immediately take corresponding of processing measures, and report province water administrative competent sector and location city water works administrative competent sector.

    20th Guangzhou Xijiang water diversion project management unit for the Guangzhou Xijiang water diversion project inspections, maintenance, repair, rescue operations, the relevant units and individuals shall cooperate, shall not obstruct or interfere with.

    Guangzhou Xijiang water diversion project management units in case of an emergency of Xijiang River water diversion project in Guangzhou repair, rescue operations, you can use another person's land or facilities, but shall inform the owner of the land or facilities or the holder.

    Engineering inspections, maintenance, repair, rescue operations, damage to land, fixtures or facilities on the ground, Guangzhou Xijiang water diversion project management units should be repaired according to the land, fixtures or facilities on the ground of the ownership or the right to compensation. 21st the Guangzhou Xijiang water diversion project management unit for the Guangzhou Xijiang water diversion project inspection, maintenance, repair, rescue operations may affect the safety of navigation shall be in accordance with the provisions to apply to the local maritime authorities in advance.

    Emergency, repair, rescue operations can apply for jobs.

    22nd province water conservancy administrative departments shall, in accordance with the People's Republic of China emergency response Act, emergency response regulations of Guangdong Province and other provisions established the Guangzhou Xijiang water diversion project contingency mechanism, develop the Guangzhou Xijiang water diversion project emergency.

    Along the Xijiang River water diversion project in Guangzhou people's Governments shall, in accordance with the provincial emergency response plan for water conservancy administrative departments to develop appropriate contingency plans.

    Guangzhou Xijiang water diversion project management unit shall develop emergency plan of the unit, equipped with emergency rescue personnel, equipment and emergency supplies, and emergency rescue drills are regularly organized. Diversion work safety accident occurs, Guangzhou Xijiang water diversion project management unit should be immediately launched emergency plans, to take effective measures to eliminate or mitigate the damage and to provincial water conservancy administrative departments and the people's Government of the accident report.

    Provincial water conservancy administrative departments and the Guangzhou Xijiang water diversion projects along the people's Governments at various levels shall activate contingency plans in a timely manner, adopt emergency measures.

    23rd provincial environmental protection administration should be established within the administrative area of Xijiang River water quality in the province regularly monitoring and early-warning systems, emergency water pollution accidents.

    Or quality of water pollution accidents occurred when an exception occurs, the provincial environmental protection administration should be immediately to the provincial water conservancy administrative departments, the provincial housing and urban-rural development administration and the Guangzhou Xijiang water diversion project management unit issued a security warning notice, start a water pollution accident emergency plan, take effective measures to prevent and control pollution, or for emergency treatment.

    24th Guangzhou Xijiang water diversion project management unit should be where the water intakes in drinking water source protection areas for routine inspections, found that pollution or may contaminate the water quality of drinking water sources, or when an exception occurs, shall immediately take contingency measures, and report the provincial environmental protection administration departments, the provincial housing and urban-rural construction administration and local environmental protection Administrative Department.

    25th acts in violation of these rules, violations in water Administrative Department of the people's Governments above the county level are responsible for investigation and punishment.

At the municipal level or complexity of the case, important cases, investigation by the province water conservancy administrative departments.

    Water Conservancy administrative departments can be commissioned within its statutory authority in accordance with the statutory requirements of organizing the implementation of administrative punishments.

    The fourth chapter legal liability

    26th article province water administrative competent sector and the province about management sector, and Xijiang Guangzhou diversion engineering along levels Government and water works, and environmental protection, management sector has following behavior one of of, by its superior competent sector or monitored organ ordered corrected and informed criticism; plot serious of, on has responsibility of competent personnel and other responsibility personnel, by appointment organ or monitored organ according to management permission give disposition; constitute crime of, law held criminal:

    (A) violation of the first paragraph of this article tenth, failing to complete the permanent identification of the Guangzhou Xijiang water diversion project setting responsibilities;

    (B) disobey the 16th article, does not meet the statutory conditions agreed with the construction plan, or fails to take a decision in accordance with the required deadline;

    (C) in violation of these regulations the 22nd article, second paragraph, fourth paragraph, not legally established the Guangzhou Xijiang water diversion project contingency mechanism, or fails to activate emergency response plans and to take emergency measures in a timely manner;

    (D) in violation of these regulations article 23rd, not legally established within the administrative area of Xijiang River water quality in the province regularly monitoring and early warning system, or failing to give timely notice of security alerts and start the water pollution incident emergency plans;

    (E) abuse of power, dereliction of duty or engages in other illegal acts.

    27th article Xijiang Guangzhou diversion engineering management units has following behavior one of of, by County above Government water administrative competent sector ordered deadline corrected, late not corrected of, can at 10000 Yuan following fine; plot serious of, can at 10000 Yuan above 30000 Yuan following fine; has responsibility of competent personnel and other responsibility personnel, by superior competent sector according to management permission give disposition; constitute crime of, law held criminal:

    (A) in violation of the first paragraph of this article tenth, failing to complete the permanent identification of the Guangzhou Xijiang water diversion project of planting and management responsibilities;

    (B) disobey the 17th paragraph, have not been assigned specifically to the construction site safety guidance for protection of persons;

    (C) in violation of these regulations article 18th, was not in accordance with law, the Guangzhou Xijiang water diversion project inspection, maintenance, or not to fault repair and risks excluded;

    (D) violation of these measures article 19th, is not in accordance with law, the Guangzhou Xijiang water diversion project monitoring, or find facilities run at stake not to report;

    (E) violation of the 22nd article of this approach, fourth paragraph, failing to make the Guangzhou Xijiang water diversion project emergency plan and organize emergency rescue drills or failing to start the emergency plan and report in a timely manner;

    (Vi) violates the provisions article 24th of this approach, no inspections according to law or found to have contamination of drinking water sources report.

    28th article violates the tenth paragraph these measures, removal, cover, move, alter, damage, permanent identification of the Guangzhou Xijiang water diversion project, by the Department of water administration under the people's Governments above the county level shall be ordered to desist from the illegal act, restitution or compensation, and impose a fine of 100 Yuan to citizens, 2000 Yuan fines for legal persons and other organizations. 29th article violation this approach 11th article, and 12th article, and 14th article provides, against Xijiang Guangzhou diversion engineering security of, by County above Government water administrative competent sector ordered its immediately stop violations, recovery undisturbed or law compensation loss, and on citizens sentenced 1000 Yuan fine, on corporate and other organization sentenced 20000 Yuan above 50000 Yuan following fine, on responsibility people sentenced 2000 Yuan above 5000 Yuan following fine; should give security management punishment of,

    By the public security organs in accordance with the People's Republic of China Law on administrative penalties for public security provisions of the case constitutes a crime, criminal responsibility shall be investigated according to law. 30th article violates this article approaches its 15th, seizing, damaging the Guangzhou Xijiang water works, by the Department of water administration under the people's Governments above the county level shall be ordered to desist from the illegal act, restitution in kind or compensation according to law, and fined 1000 Yuan fine citizens, legal persons and other organizations, fined a maximum of 10000 Yuan more than 50000; person in charge shall be fined a maximum of 2000 more than 5000 Yuan.

    Should be given administrative penalties for public security, the public security organs in accordance with the People's Republic of China Law on administrative penalties for public security provisions of the case constitutes a crime, criminal responsibility shall be investigated according to law. 31st article violation this approach 13th article, and 16th article provides, without province water administrative competent sector review agreed, in lost pipes road above 20 meters of space range within, built buildings, and structures or erection power line, and communications line, facilities of, or in Xijiang Guangzhou diversion engineering management and protection range within new, and alterations, and expansion various construction project of, by province water administrative competent sector ordered its stop violations, deadline demolition illegal buildings or engineering facilities,

    And more than 10000 for legal persons and other organizations under 50000 Yuan fine, the person in charge shall be fined a maximum of 2000 more than 5000 Yuan.

    Employer violates these measures the 17th article, did not take special protective measures for the Guangzhou Xijiang water diversion project, the provincial water conservancy administrative departments shall order immediate work stoppage and taking corrective action; it fails to mend, to order the rectification, and fined a maximum of between 100000 and 50000 Yuan; losses caused shall bear liability constitutes a crime, criminal responsibility shall be investigated according to law.

    Article 32nd disobey the 20th article, obstruct or interfere with the Guangzhou Xijiang water diversion project to repair and rescue operations should be punishment by the public security organs in accordance with the People's Republic of China Law on administrative penalties for public security provisions of the case constitutes a crime, criminal responsibility shall be investigated according to law.

    The fifth chapter supplementary articles

    33rd Guangzhou nanzhou water plant protection, management of the water diversion project, you can refer to these measures, Guangzhou, Foshan municipal people's Governments shall, in conjunction with Government, Shunde district people's Government to formulate specific regulations.

    This approach by said of Guangzhou nanzhou water factory diversion engineering, is refers to from Shunde district North (Editor Note: this word read Jiao, left for three points water, right from Shang to Xia followed by for bald treasure cover, and eight, and workers, and mouth) town West take water mouth to nanzhou water factory along of lost water pumping station, and lost pipes road and subsidiary facilities, and other supporting facilities. 34th article of the rules take effect on February 1, 2013.