Jinan City Geological Disaster Prevention And Management Measures

Original Language Title: 济南市地质灾害防治管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201110/20111000351875.shtml

Jinan City geological disaster prevention and management measures

    (May 16, 2011 the 77th meeting of the people's Government of Jinan City considered by Government order No. 243, Jinan on May 19, 2011 release come into force on the date of promulgation) Chapter I General provisions

    First in order to effectively prevent geological disasters, protect people's lives and property safety, according to the geological disaster prevention Ordinance, the Shandong provincial geological environment protection Ordinance and the provisions of relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Article referred to geological disasters, including natural or human induced hazards of people's lives and property of landslide, landslide, debris flow, ground subsidence and ground fissures, ground subsidence associated with geological disasters.

    Article within the administrative area of the city geological disaster prevention and management in the application of this approach.

    Fourth geological disaster prevention adhere to prevention, a combination of avoidance and management principles.

    Fifth of municipal or County (City) and district people's Government the establishment of geological disaster prevention and control mechanism, strengthening the leadership of geological disaster prevention and control work, organize the relevant departments to take measures to do geological disaster prevention and control work.

Sixth municipal land and resources departments in charge of the city geological disaster prevention organization, direction, coordination and supervision. Counties (cities), the Department responsible for the administration of land and resources of geological disaster prevention and control in supervision and management, and technical guidance.

    Development and reform, urban and rural construction, finance, planning, water conservancy, transportation, municipal utilities, defense, weather, education, safety, travel, gardening, public security, railway departments shall, in accordance with their respective responsibilities, to do geological disaster prevention and control work.

Seventh article caused by natural geological disaster prevention funds from cities and counties (cities), the district people's Government included in the budget.

    Geological disasters caused by human activities such as construction management costs borne by the responsible unit.

    Eighth District (City) and district people's Government shall organize the relevant departments dissemination and popularization of geological disaster prevention and control knowledge, enhance public awareness of disaster prevention and rescue, mutual capacities.

    Nineth no unit or individual may obstruct or hinder the geological disaster prevention and control work.

    Chapter II of geological hazard prevention

    Tenth Article city, and County (City), and district land resources sector should with urban and rural construction, and planning, and water, and traffic transport, and municipal public, and tourism, and garden, and railway, sector organization carried out this administrative within of geological disaster survey, and combined Shang a level geological disaster control planning, prepared this level geological disaster control planning and annual geological disaster control programme, reported this level Government approved Hou announced, and reported Shang level land resources sector record. The 11th district (City) and district people's Government geological disaster-prone areas should be established within the County, Township and village system of mass monitoring and preventing clear prevention responsibilities to implement prevention measures, geological disaster investigation and disaster preparedness efforts.

    Urban and rural construction, water conservancy, transportation, municipal utilities, defense, tourism, gardens, railway departments shall, in accordance with their respective areas of responsibilities related geological disaster investigation and inspections, and before the flood season each year compilation of geological disaster investigation results to the land and resources department, incorporate the annual geological disaster prevention and control program.

12th city, County (City), District Department of land and resources according to the level of geological hazard prevention and control plans and annual programmes of geological disaster prevention and control, in conjunction with urban and rural construction, water conservancy, transportation, municipal utilities, weather, landscape, and railway departments to determine the geological disaster monitoring, establishment of geological hazard monitoring networks, strengthening the monitoring of geological hazard danger.

    To threats to safety or construction projects because construction could lead to geological disasters, the construction unit shall strengthen geological disaster monitoring, and accept the guidance and supervision of the local land and resources department.

13th no unit or individual may seize, damage, corruption, diversion of geological hazard monitoring facilities, signs.

    Construction needs, diversion of geological hazard monitoring facilities, signs shall be reported to the local land and resources departments, and to take remedial measures. 14th introduction of geological disaster forecasting system.

Geological disaster forecast include the possibility of time, place, scope of disaster and the degree of impact.

Geologic disaster forecast by city, County (City) and district people's Government departments of land and resources in conjunction with the competent Meteorological Department release.

    Without authorization, no unit or individual is allowed to issue to the community on geological hazard forecast.

    15th counties (cities), the district people's Government shall, in accordance with the annual geological disaster prevention and control programme, established geological disaster danger area within their jurisdiction border signs and geological disaster warning signs, and will focus on the geological disaster danger point names, locations, levels, combat conditions, emergency routes and shelter shall inform the relevant units and personnel. 16th in the flood season, counties (cities), the district people's Government shall organize town (Street), the village (neighborhood) and related units and personnel to conduct 24-hour surveillance of geological disaster monitoring, finding hazards, disasters, should be immediately reported to the Department of land and resources by the regulation or the City Government.

    When the situation is particularly urgent, monitor, alerts can be issued directly to the object threatened by geological disasters, and danger.

17th appears on geological disaster warning, which may cause casualties or major property damage area and location, counties (cities), the district people's Government shall be designated as danger of geological disasters in time shall be published and set obvious warning signs.

    Geological disaster danger has been eliminated or effectively controlled, County (City), the area defined by the people's Governments shall promptly revoke the original geological disaster danger zone, and make an announcement.

18th in geological disaster-prone areas in production or construction of units and individuals, should take measures to prevent geological disasters.

    Geological disaster danger zone, prohibited regardless of the geological disaster prevention and control work of blasting, cutting, take soil, such as overexploitation of groundwater and construction may cause or aggravate the geological disaster activities.

    19th city and County (City) assignment in geological disaster-prone areas of the people's Government of State-owned land use rights, land and resources departments should carry out geological disaster investigation. 20th in geological disaster-prone areas in the project construction (including new construction, renovation or expansion projects), geological disaster risk assessment should be carried out.

    Construction when they apply for the planning permit of construction engineering, should be submitted to the Planning Department of land and resources issued by the departments of geological hazard assessment report written review.

Geological hazard assessment report shall, in accordance with the provisions of article 21st grading to the land and resources department.

    Land and resources departments should strengthen supervision and inspection of geological disaster risk assessment activities of the geological hazard risk assessment spot checks on a regular basis.

    22nd township land and resources within the institutions responsible for geological disaster-prone areas in rural villagers to build the simple assessment of geological hazard management.

Article 23rd appraised by assessment or could lead to geological disasters or possible geological disasters of construction project, the construction unit shall entrust the geological hazard control engineering prospecting units, design qualification of geological disaster control project, the project location counties (cities), after the Department of land and resources, supporting construction. Geological disaster control project for the design, construction and acceptance should be simultaneously with the principal part of the project design, construction and acceptance.

Acceptance, should be with the participation of Department of land and resources.

    Supporting the acceptance of geological disaster control project experience or fail to pass, the main works shall not be put into production or use.

    24th city, County (City), urban and rural construction, water conservancy, civil defense and other departments, shall, in accordance with their respective responsibilities to strengthen the Foundation pit dewatering, excavation of underground space related areas such as engineering, construction supervision and inspection work to prevent and reduce the occurrence of geological hazards.

    25th of municipal or County (City), urban and rural construction, water conservancy, transportation, municipal utilities, gardens, railway departments should be strengthened in accordance with their respective responsibilities for housing construction, irrigation, roads, municipal infrastructure, parks and scenic areas, railways and other infrastructure construction project supervision and inspection, urged the implementation of geological disaster prevention and control measures to prevent occurrence of geological hazards.

    Chapter III geological disaster emergency response and management

Article 26th city, County (City), District Department of land and resources shall, jointly with relevant departments of the administration of the burst characteristics geology disaster emergency plan, announced after the approval of the people's Governments at the same level.

    City, County (City), the district people's Government shall organize burst characteristics geology disaster emergency drills, set up emergency rescue teams, reserve the necessary emergency rescue equipment and supplies, set up refuge resettlement places, provide protection for emergency rescue and disaster relief work.

27th found geological disaster danger or disaster units and individuals shall immediately report to the local people's Government or the departments of land and resources.

    Counties (cities), the district people's Government or the land and resources department after receiving the report, shall immediately conduct on-site investigations, and take effective measures to prevent disasters or disaster to expand, and in accordance with the provisions of the report.

    After the 28th of geological hazards, city and County (City), the district people's Government should activate burst characteristics geology disaster emergency plans in a timely manner, carrying out emergency rescue work. 29th according to geological hazard emergency needs, city and County (City), district people's Government can mobilize personnel requisition materials, means of transportation and related facilities and equipment, can be taken when necessary traffic control, organization of disaster evacuation, demolition of a direct threat to people's lives or to hinder the rescue of building (structure) buildings, among other measures.

    Requisitioning units and individual materials, vehicles, facilities, equipment, should be returned promptly, and shall be subject to compensation; demolished building (structures), shall be given compensation.

    30th district (City) and district people's Government shall make proper resettlement of affected people, social stability, and control of geological disaster and need overall planning and arrangements for post-disaster reconstruction work in the affected areas.

31st geological disasters caused by natural factors, counties (cities), the district people's Government during the emergency living difficulties of the masses to give appropriate subsidies.

    Geological disasters caused by human activities such as construction, duty shall, according to law on compensation for victims.

    32nd city, County (City), district land and resources departments should organize an expert analysis of the causes for geological disasters and identified governance responsibility. Article 33rd responsible for the geological hazard control difficult to found or caused by natural factors-demand governance, by the city and County (City) and district departments of land and resources in conjunction with the relevant departments of the people's Governments at the same level, in accordance with State regulations governs.

    Units and individuals shall assist threatened by disaster.

    34th geological disaster is difficult to control, and County (City), the district people's Government shall, in accordance with the actual situation organizations threatened domestic removal avoidance, necessary expenses shall be borne jointly by the Government and threatened people.

    35th geological hazard control responsible for geological disaster control project implementation plan should be developed, by the County (municipality), district land and resources departments after the audit organization. 36th city, County (City) and district land and resources departments should establish alternative geological disaster emergency management agencies.

    Geological disaster and distress emergency needs of emergency, needed institutions can be specified directly from an alternative library and other geological disaster control project funded by the Government, institutions should be determined by bidding form required. 37th Government geological disaster control project after the completion of acceptance by the Department of land and resources organization.

    Other geological disaster control project is completed, the person responsible shall organize the land sector participate in acceptance, upon the acceptance of, land and resources department.

    38th government investment in geological disaster control project after passing the acceptance, by the departments in charge of land and resources management and maintenance unit; other geological disaster control project upon the acceptance, by the person responsible for the management and maintenance.

    39th no unit or individual may seize, damage, damage to the geological hazard control engineering facilities.

    The fourth chapter legal liability

40th article violates these rules, any of the following acts, the directly responsible person in charge and other direct liable persons, administrative sanctions of demotion or removal from Office in accordance with law; cause geological disasters caused casualties or major property damage, shall be subject to dismissal of sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) failing to prepare burst characteristics geology disaster emergency plans, or requirements that are not in accordance with burst characteristics geology disaster emergency measures taken and the performance of the obligation;

(Ii) emergence of geological disaster warning, may cause casualties or major property damage area and location, are not designated as danger of geological disasters in a timely manner and make an announcement or no flags are in the border warning of the danger of geological disasters;

(C) approval and will include feasibility study for the risk assessment of geological hazards;

(D) to conceal, misrepresent or incite others to conceal, misrepresent geological disaster, or published without authorization on geological hazard forecast;

(E) management and maintenance according to the provisions of geological disaster control project;

    (Vi) other malfeasance in geological disaster prevention and control work.

41st article violates these rules, the construction unit has one of the following acts, ordered by the land and resources department corrections; fails to make corrections, shall be ordered to stop production, construction or use, of less than 100,000 yuan and 500,000 yuan fine constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) is not in accordance with the provisions of the geological disaster-prone areas in the dangerous assessment of geological disaster of construction project;

    (B) supporting the acceptance of geological disaster control project experience or fail to pass, main part of the project is put into production or use.

    42nd article violation this approach provides, on engineering construction, human activities raised of geological disaster or may suffered geological disaster against of construction project not governance of, by land resources sector ordered deadline governance; late not governance or governance not meet requirements of, by ordered deadline governance of land resources sector organization governance, by needed costs by responsibility units bear, and sentenced 100,000 yuan above 500,000 yuan following of fine. 43rd article violation this approach provides, in geological disaster dangerous district within engaged in and geological disaster control has nothing to do of blasting, and cut slope, and engineering construction and engaged in other may raised geological disaster activities of, by land resources sector ordered stop violations, responsibility people for units of, on its at 50,000 yuan above 200,000 yuan following of fine, responsibility people for personal of, on its at 10,000 yuan above 50,000 yuan following of fine.

Constitute a crime, criminal responsibility shall be investigated according to law; cause damage to others, the person responsible shall bear the compensation liability.

    Could lead to geological disasters of illegal buildings (structures) buildings and other facilities, by the relevant authorities in accordance with the People's Republic of China town and country planning Act, and of the People's Republic of China land management and other related provisions of the law shall be ordered to dismantle.

    44th dangerous assessment of geological disaster units and geological disaster control project investigation, design, construction and supervision of deception, or bear project quality accident occurs, or is not filed as required, by the departments of land and resources in accordance with the relevant laws and regulations.

    45th obstruction and destruction of geological disaster prevention and control work, preventing State personnel performing official business according to law, by the public security organs in accordance with the People's Republic of China Public Security Administration Punishment Act shall be punished; constitutes a crime, criminal responsibility shall be investigated according to law.

    46th article violates these rules, make up, dissemination of false information about geological disasters, ordered corrective action and warning activities contravening public security management, by the public security organs shall be subject to punishment constitutes a crime, criminal responsibility shall be investigated according to law.

    47th seize, damage, damaged geological hazards monitoring facilities or facilities of geological disaster control project, by the land and resources department be ordered to desist from the illegal act, restitution or take remedial measures of limited duration and may be fined not more than 50,000 yuan constitutes a crime, criminal responsibility shall be investigated according to law.

    The fifth chapter supplementary articles

    48th in the formation of geological data in geological disaster prevention and control work, shall, in accordance with the provisions of the regulation for geological data collection.

49th disaster defense and mitigation in accordance with provisions of laws and administrative regulations of the earthquake prevention and disaster reduction implementation.

    Flood control law and administrative regulations on flood-triggered avalanche, landslide and debris flow prevention regulations, those provisions.

50th geological disaster-prone areas in these measures, refers to the geological disasters of geological structures, terrain and climatic conditions, easy or possible geological disasters.

    Geological disaster danger areas mentioned in these measures refers to already show signs of geological disasters, apparent geological hazards may occur and may result in more casualties and serious economic loss to the region or location.

    51st engaged in geological hazard risk assessment and the special geological disaster control project investigation, design, construction, supervision, shall obtain a certificate issued by the provincial land and resources departments at or above, and assume the corresponding responsibility, in accordance with the relevant national administrative regulations, the provisions of that regulation. 52nd these measures come into force on the date of promulgation.