Administrative Measures For The Yellow River Of Zibo City

Original Language Title: 淄博市黄河河道管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201111/20111100352991.shtml

Administrative measures for the Yellow River of Zibo city

    (April 8, 2011, Zibo city people's Government consideration at the 48th Executive May 7, 2011 79th in Zibo city people's Government promulgated as of July 1, 2011) Chapter I General provisions

    First to strengthen Yellow River channel management, guarantee flood safety, play Yellow River abolish social and ecological benefits, according to the People's Republic of China water law, the Shandong Yellow River management regulations and other laws and regulations, combined with the city's actual, these measures are formulated.

    The second yellow river channel management in the application of this approach within the administrative area of the city.

    Article city and County Department is the administrative area of the Yellow River the Yellow River authority.

    River authorities at the same level people's Governments and the competent authorities working under the leadership of.

    People's Governments above the county level land along the Yellow River resources, construction, transportation, water conservancy, forestry and other relevant departments shall, within their respective areas of responsibility, do the Yellow River channel management related work.

    Fourth along the Yellow River of people's Governments at various levels shall strengthen the management of the Yellow River is headed is responsible for the Organization, coordination, inspection, supervision and management of the Yellow River under the jurisdiction, in the Yellow River water forest clearing, environmental protection, construction and maintenance, financial subsidies.

    Fifth Yellow River Authority shall in accordance with the provisions of laws and regulations, strengthen the management of Yellow River, flood control and water dispatching instruction is executed, and maintaining water projects and people's life and property security.

    Sixth no units and individuals have protection of Yellow River and their safety and the obligation to participate in flood control of the Yellow River, has the responsibility to protect the water quality of the Yellow River from pollution, have the right to destroy Yellow River and its subsidiary facilities, and stop the pollution of the water environment, exposures or charges.

    Seventh in the Yellow River have made remarkable achievements in the management of the units and individuals, granted by the competent authorities of the people's Government at or above the county level Yellow River recognition and rewards.

    Construction management in the second chapter

    Article eighth shall conform to the Yellow River basin of the Yellow River Channel realignment and construction planning, meet the requirements of the national and provincial flood control standards and technical requirements, maintenance of safety, is conducive to the stability of river and river channel flood-free.

    Nineth article in Yellow River River Management range within built across River, and stopped River, and linhe, and wear River, and across di, and wear di of bridge, and pontoon, and gate dam, and Terminal, and ferry, and road, and pipeline, and cable, non-flood control engineering and facilities, in Bank set diversion, and mention water, and drainage engineering, units should to Yellow River River competent organ proposed application and submitted engineering construction programme, by review agreed Hou, party can according to provides program handle approval procedures.

    Approval of the construction project, the construction unit shall be organization of design documents and construction, flood scheme as well as strengthening of flood prevention projects, management and maintenance of information submitted to the competent organs of the Yellow River, after reviewing the approval to start.

    During project construction, Yellow River Authority shall involve safety of Yellow River flood control project to strengthen quality supervision and inspection, is not in accordance with the review and approval of construction plans and construction, affect the safety of flood control of the Yellow River, and put forward rectification opinions, the construction unit shall, within the prescribed period rectification.

    After the completion of construction projects, on the Yellow River flood control part shall be subject to the Yellow River behind the acceptance by the competent authority to enable and incorporated into the unified management of flood control of the Yellow River.

    Article tenth within the Yellow River channel management works and facilities, standard change or for flood control of the Yellow River the Yellow River flood control Hennessy engineering alterations, Yellow River Riverbed, flood control water level changes, which affect security, need strengthening, alteration or removal of, employer or management shall, according to the Yellow River Authority's request for consolidation, alteration or demolition, and bear the costs.

    Due to non-operation of flood control works, increase the workload of project management, protection of the Yellow River and its protective responsibilities, employer or management shall bear the corresponding costs.

    Facilities of river training works of the Yellow River flood control project, the project owner or management unit shall be accounted for according to the Yellow River Channel to pay user fees paid by the competent authority as required. 11th in the Yellow River flood control project for the construction of facilities to working life, management unit or units shall be removed.

    Absolutely necessary to continue to use shall entrust a qualified unit of identification, and Yellow River check by the competent authorities according to law.

    12th along the Yellow River of County and township people's Governments in the Organization of general land use planning, town planning and rural planning should be dovetailed with the Yellow River flood control plan. 13th the construction and development of towns and villages along the Yellow River, shall occupy the Yellow River Beach and embankment.

    Floodplain not new villages and factories, villages and factories that have been moved out from the beach area must not return migration.

    14th in the Yellow River channel management in context of the land formed due to changes in river, River, River and the Yellow River flood control project.

    Chapter three rivers protection

    15th Yellow River channel management in these measures range on both sides of the embankment between the waters, sandbanks, beaches (including arable land), dikes and berms.

    16th within the Yellow River channel management in waters and land use should be consistent with the Yellow River flood and ecological protection, water and shipping requirements.

    17th river channel of the Yellow River water, engineering, project management and the change of river control (Beach) project check out the beach, by the river authorities apply to the right to the land and resources department at the same level, registered according to law, and no unit or individual is allowed to occupy.

    18th in the Yellow River channel management within the scope of the prohibition to conduct the following activities:

    (A) the construction of the dike, berm, blocking water insulation, water blocking roads and other buildings and structures;

    (B) the planting of trees and tall crops impeding flood;

    (C) disposal of bulk slag, gravel, coal ash, soil, debris, oil, pollutants;

    (D) emission, dumping of toxic and hazardous substances, as well as cleaning and storing oil or toxic pollutant vehicles, containers and so on.

    19th in the Yellow River channel management carried out within the following activities should be approved by the Yellow River authority involving other departments, approved by the competent authority in conjunction with the relevant departments of the Yellow River:

    (A) the sand blasting, drilling and mining, Tao iron, production and operation of Earth and dug pond, the construction of reservoirs;

    (B) stored in the river beach to arrange freight yard materials, (buried) located underground pipelines, mining resources, as well as archaeological excavations;

    (Iii) other activities affecting the safety of the Yellow River.

    20th Huanghe River authorities organized the planting and forest and grass berm protecting dam, stolen, burned, destroyed or felled without authorization is prohibited.

    Berm protecting dams tending and regeneration of forest harvesting, engineering, construction and logging for the flood, according to the relevant regulations of the State exempted from forestry fees.

    21st within the Yellow River Management Boardwalk construction and operation, and shall not establish a permanent bridgehead buildings or structures, not narrowing the channel, against River, affecting the hydrologic and river observations. Due to flood and ice run protection, regulating water and sediment River regulation and management need to be removed as well as pontoons, pontoon bridge management unit should be removed.

    Refusing to dismantle, organization dismantled by the local government, the costs borne by Boardwalk business units.

    22nd approved for various types of construction in the Yellow River channel management activities affect the Yellow River flood control engineering and ancillary facilities to work or cause damage to the Yellow River flood control engineering and ancillary facilities, be reinforced by the construction, alteration or repair costs to be borne.

    23rd, in the Yellow River channel management in settings or expanding sewage outlet shall, before reporting to the Environmental Protection Department with the consent of the Yellow River agreed to by the competent authorities.

    24th in the Yellow River channel management in context of sand, wash iron, production and management of soil and other activities should be subject to flood and the instructions of the competent authority and management in the Yellow River, should not affect the security, stability of river and flood control project channel requirements for environmental protection; after the event, shall be cleared in time, restoring River formation, maintaining River ride.

    Built within the 25th in the Yellow River channel management in pipe, tubing, pipes, cables, hardened roads, management units should be managed contract with Yellow River authorities.

    Project management in the fourth chapter

    Article 26th river training works of the Yellow River in these measures refers to dikes and dangerous project, controlled (Beach), Shun di flood protection dam, the old dam, sluice project and its ancillary facilities.

    27th River authority should be in accordance with the criteria set out in the national and provincial, the day-to-day management of river training works of the Yellow River to ensure safe operation of river training works of the Yellow River.

    28th scope of river training works of the Yellow River Management, defined by the people's Governments above the county level in accordance with the following regulations: (A) the embankment berm widths from Causeway foot or deposition areas computed from the foot of the slope, River 30 meters, the river 10 meters. River silting up of the berm should be to uphold the original boundaries unchanged, its width exceeds the relevant requirements, established by the existing width.

    Jiapei after strengthening the levees, berm extension; (B) dangerous project, along the levee flood protection project width of the dam, downstream on the sides and in front of the dam is 10 meters.

    Dangerous project, along Embankment, flood protection works retaining dam after heightening the extension;

    (C) the management range from erosion in the upper reaches to sluice to downstream scour trough 100 meters after, Canal embankment slope on both sides were each 25 meters; (D) control Guide for built within the Yellow River (Beach) works along the dorsal surface of slope engineering company dam shall set aside not less than 30 m wide outside the protective dam, for the storage of emergency materials, cultivating rescue feeding source, used by the Yellow River authority.

    More than 30 metres, are subject to submission determines the width of the right;

    (E) training (RIPRAP) engineering leading to the embankment flood road top width is 6 meters.

    29th article in the context of river training works of the Yellow River Management prohibits the following activities:

    (A) grazing, Ted, reclamation, destruction of vegetation;

    (B) in non-flood control dike road tracked vehicle or over load standards of vehicles;
(C) setting yard, stalls set up here, at fairs;

    (D) the destruction project logo signs and measurements, monitoring and control, water, electricity, communications and other facilities;

    (E) removal of Earth, sand, blasting and drilling, drilling and trenching, digging ponds, kiln, building, mass graves, mining, piled up garbage;

    (Vi) unauthorized use such as flood-proof materials;

    (G) the unauthorized construction of ferry, pump station or installation of water facilities;

    (H) other activities undermining the security of river training works of the Yellow River.

    Article 30th embankment safety protection area, the Yellow River 50 metres outside the berm, back River 100 meters outside the berm.

    Embankment safety reserves against sand mining, production and management of soil, drilling, drilling, blasting, digging ponds, kiln, building, mining, piled up garbage and other activities endangering safety of levees. 31st dike road shall not be used as a highway, is absolutely necessary to use Crest Road and highway, should be approved by the provincial Yellow River administration authority.

    Dike road vehicles shall be paid in accordance with the provisions of levee maintenance fees.

    Article 32nd units shall reference the Yellow River to the Yellow River water licensing procedures with the competent authority, in accordance with the provisions of the Yellow River Authority pay water bills.

    (A) water using Yellow River water, sediment and (Tim), should not be set sediment or affecting the stability of River facilities, no sediment into the river.

    33rd in the river within the project management set up a temporary cause channel works with any water damage, should be borne by the responsible responsible for rehabilitation or repair costs.

    34th culvert management units should be in accordance with the instructions issued by the higher authorities open and close sluice gates to prohibit non-management personnel operating sluice gate.

    35th without the Yellow River Channel approved by the competent authority, any unit or individual is allowed to occupy, excavation or demolition of old dam and other works of the Yellow River.

    Controlled waveguide (RIPRAP) works leading to the embankment flood roads, by the competent authority responsible for the management of the River, no unit or individual may seize, damage and destruction.

    The fifth chapter legal liability

    36th article violation this approach provides, without Yellow River River competent organ review agreed, unauthorized in Yellow River River Management range within built buildings and the other engineering facilities of, by Yellow River River competent organ ordered stop violations, deadline replacement procedures; late not replacement or replacement not was approved of, ordered its deadline demolition, recovery original; late not demolition of, forced demolition, by needed costs by illegal units or personal bear, and can sentenced fine:

    (A) built across River, River, River, wear, cross the river levee, wear di, pontoon bridges, dams, pipelines, cables, and a 50000 more than 100000 Yuan penalty effect; construction of a wharf, ferry, road and other buildings and facilities, fined a maximum of 20000 Yuan more than 50000;

    (B) the Bank sets water diversion, water, drainage, fined a maximum of 1000 Yuan more than 20000;

    (C) the unit is not in accordance with the construction of the Yellow River designs approved by the competent authority, affect flood security, overdue rectification, impose a fine of 10000 Yuan.

    37th article violates these rules, without prior approval in the Yellow River channel management to engage in the following activities, by the river authorities be ordered to desist from the illegal act, time go through the relevant formalities; fails to go through or has gone through unauthorized, ordered to dismantle; fails to remove the forced demolition, the costs borne by the illegal entity or individual, and fines:

    (B), sand blasting, drilling, production and management of soil, Tao iron, dug pit, building reservoirs and other activities, fined a maximum of 10000 Yuan more than 50000;

    (B) stored in the river beach to arrange freight yard materials, (buried) located underground pipelines, mining resources and archaeological excavations, fined a maximum of 10000 Yuan more than 30000.

    38th article violates these rules, any of the following acts, by the river authorities ordered to rectify, remedies and fines:

    (I) pontoon bridge permanent bridge in the construction and operation of buildings or structures, narrow river channel, against River, affecting the hydrologic and river observations, fined a maximum of up to 30000 Yuan more than 50000 Yuan;

    (B) building units or management units were not according to the Yellow River authority requirements, which affect the safety of flood control works and facilities improvement or alteration or demolition, fined a maximum of 50000 Yuan.

    39th article violates these rules, taking up land for Yellow River water, engineering, project management, by the competent authority in conjunction with the relevant departments of the Yellow River will be punished according to law.

    40th article violates these rules, in the Yellow River channel management in one of the following acts, by the river authorities be ordered to desist from the illegal act, remedies, and may be subject to a fine:

    (A) the construction of the dike, berm, blocking water insulation, water blocking roads and other buildings and structures, and fined 1000 Yuan and 50000 Yuan fines;

    (B) the planting of trees and tall crops impeding flood, fined 1000 Yuan and 50000 Yuan fines;

    (C) disposal of bulk slag, gravel, coal ash, soil, debris, oil pollutants, fined 1000 Yuan more than 30000 Yuan fines;

    (D) seizing, burned, destroyed or cut down forest and grass berm protecting dam, fined 1000 Yuan more than 10000 fine.

    41st article violates these rules, in one of the following acts within the scope of engineering management of the Yellow River, by river authorities ordered to rectify disciplinary warning in serious, punishable by fine losses should be compensated according to law constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) grazing, Ted, reclamation, destruction of vegetation, and impose a penalty of 100 Yuan;

    (B) in non-flood control dike road tracked vehicle or over load standard vehicles, impose a penalty of 100 Yuan more than 10000 per car;

    (C) to occupy or dig or tear down old dams and other engineering facilities, fined a maximum of 10000 Yuan more than 50000;

    (D) setting yard, stalls set up here, at fairs, and fined 1000 Yuan and 50000 Yuan fines;

    (E) destruction project logo signs and measurements, monitoring and control, water, electricity, communications and other facilities, and fined 1000 Yuan and 50000 Yuan fines;

    (F) the removal of Earth, sand, blasting and drilling, drilling and trenching, digging ponds, kiln, built House, piled up mass graves, mining, waste, and fined 1000 Yuan and 50000 Yuan fines;

    (G) the unauthorized use of flood control materials such as bricks, use in accordance with item 10 to 15 times times the value of fines;

    (H) the unauthorized construction of ferry, fined a maximum of 10000 Yuan more than 50000; unauthorized construction of pumping station, 50000 Yuan fine; unauthorized installation of water facilities, fined a maximum of 5000 Yuan.

    42nd article violation this approach provides, in dike security reserves within mining sand, and production business sex take soil, and drilling, and drilling, and blasting, and dug Tang, and built kiln, and building, and mining, and stacked garbage of, by Yellow River River competent organ ordered its deadline corrected, confiscated illegal proceeds, take remedy measures; plot serious of, can sentenced 1000 Yuan above 50000 Yuan following fine; caused loss of, should law be compensation.

    43rd article violates these rules, and (Tim) project using Yellow River water, laying installation of sand and sediment into the River, the Yellow River Authority shall order rectification and give a warning in serious cases, and shall also be fined a maximum of 10000 Yuan more than 20000.

    44th hinder, threaten River authority or flood control headquarters staff perform their duties according to law, should be punished 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.

    45th, river authorities and their staff with one of the following acts, does not constitute a crime, administrative sanctions according to law constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) the refusal to implement gate instructions issued by the higher authorities;

    (B) the handling of administrative licensing, solicitation or acceptance of other people's property, or seeking other interests;

    (C) failure to perform a duty of supervision and management, resulting in damage;

    (Iv) for violations of ineffective;

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

    The sixth chapter supplementary articles 46th article of the rules take effect on July 1, 2011.