Handan Outfall Into River Management

Original Language Title: 邯郸市入河排污口管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201105/20110500340913.shtml

Handan outfall into river management

    (September 27, 2010, Handan people's Government at the 35th Executive session on October 22, 2010 133th, promulgated by Handan people's Government as of December 1, 2010) first to strengthen into the river discharge outlet supervision and management, protection of water resources, preventing and controlling water pollution, protection of flood control and engineering facilities, promote the sustainable use of water resources, in accordance with the relevant provisions of laws and regulations, combined with the city's actual, these measures are formulated.

    Second outfall into river in these measures, including directly or through trenches, sewers, pipelines and other facilities directly into rivers, Lakes (canals, channels, reservoirs and other water-containing) the discharge of sewage outfall (hereinafter referred to as sewage).

    Article settings in the administrative area of the city sewage and supervise for the outlet shall comply with these measures.

    Article outlet set above shall conform to the approved municipal water function zoning, water resources protection planning, flood control planning of water pollution control planning, requirements, do limit the total amount of emissions, comply with State water pollutant discharge standards, quality Ribbon and achieve the required water management objectives and total pollutant control targets. Outlet settings including new construction, renovation and expansion of the sewage. New refers to the outfall constructed or used for the first time, and the original does not have sewage functions or uses of abandoned emission. Reconstruction refers to the existing outfall discharges, emissions and other matters change significantly.

    Extension refers to drain sewage capacity have been improved.

    Article fifth set outlet in the administrative area of the city, shall have jurisdiction over the waters administrative department or basin management bodies for the application and reviewed by the relevant administrative department in accordance with the following provisions:

    (A) water resources assessment is required, must be included in the demonstration report of water resources into the river outfall demonstration content and water resources assessment review, by the water conservancy administrative departments have the right to review water resources appraisal review, together to review the outlet settings.

    (B) water resources assessment is not needed shall be separately into the river outlet set report by the municipal or enlarge the counties (cities) the water Administrative Department organizational review.

    (Iii) other outlet setting, as provided for in lakes and rivers and water management authority, by the water conservancy administrative departments, or catchment management agencies responsible for review. Section sixth outlet that should be reviewed by the water conservancy administrative departments, or catchment management agencies agreed, by the competent administrative Department of environmental protection to its environment impact report (tables) for approval.

    Set the drain unit or an individual submission to the Administrative Department of environmental protection Administrative Department of water views to the drain setting, environmental protection Administrative Department before accepting the project environmental impact report (table).

    Environmental protection Administrative Department shall approve discharge of units or individuals issuing emission permits.

    Article seventh set the discharge outlet shall submit the following documentation:

    (A) the outlet settings application;

    (B) construction project based on document;

    (C) the outlet settings report;

    (D) the outfall design and construction programme;

    (V) other documents shall be submitted in accordance with law.

    Set the outlet of water function zone obviously minor, agreed by the water conservancy administrative departments having jurisdiction may be exempted from preparing outlet settings report, submit only the set outlet of water functional zones influence brief analysis of materials.

    Article outfall report should include the following:

    (A) the sewage water, accept the present situation of sewage and water;

    (B) the discharge outlet location, emission;

    (C) River sewage discharge of major pollutants and their concentrations and total;

    (D) water quality protection requirements, into the waters of river discharges on water quality and the impact of water functional zones;

    (E) the outlet settings impact on interested third parties;

    (Vi) protection measures and effect analysis of water quality;

    (G) the demonstrated conclusions.

    Set the outlet according to law for the construction projects within river management review procedures, should also be the law demonstrates the impact of construction projects on flood control.

    Article outlet settings should report commissioned units with one of the following qualifications:

    (A) the qualification of water resources argumentation for construction projects;

    (B) the hydrology and water resources investigation and assessment of qualifications;

    (C) the environmental impact evaluation of construction project qualification (scope of business including surface and ground water).

    Tenth water conservancy administrative departments, or catchment management agencies for application materials are complete outlets, in compliance with the statutory form of set the application should be dismissed. The application materials are incomplete or not in compliance with the statutory form, should set the date of the application receiving outfall in the 5th, inform applicants corrected all of the application materials.

    Fails to inform the correct content, from the date of receipt of the application materials shall be accepted. 11th water Administrative Department of catchment management authority shall accept or outfall 20th days make a decision within the set of the application. Acceptance of sewage outfalls, acceptance of sewage outlet reviews should be made; no acceptance of outlets, shall state the reasons in writing, and to inform the applicant legally entitled to apply for administrative reconsideration or bring an administrative suit right. Water Conservancy administrative departments, or catchment management agencies according to need, and can set up outlets report the Organization of expert review.

    Outlet set a review hearing, shall organize the hearing.

    Expert review and hearing time does not count within the period specified above. 12th, sewage outlet settings directly affect the vital interests of others, water conservancy administrative departments, or catchment management agencies agree or do not agree with the decision, it shall inform in writing the applicant or interested party.

    The applicant, interested parties upon receipt of written notice to the 7th of the right to State and to defend themselves.

    13th article prohibited for discharge outlet in the drinking water source protection areas.

    14th under any of the following circumstances shall set the outlet:

    (A) to the total emissions of over limiting emissions of pollutants sewage waters;

    (B) may undermine the water function area of use the functional requirements;

    (C) an important fishery in scenic waters, waters and other protected areas of particular economic and cultural value of water;

    (D) the outlet settings directly affected the water household water security;

    (E) to comply with laws, regulations, rules and other relevant regulations of the State.

    15th acceptance of outfall review should include the following:

    (A) discharge outlet location, sewage and sewage works needs;

    (B) special circumstances restrictions on sewage;

    (C) water resources protection measures;

    (D) on the outlet of construction projects put into use before the inspection requirements;

    (E) other matters requiring attention.

    Section 16th outfall construction project pollution prevention facilities shall be simultaneously with the principal part of the project designed, built and put into use, and organize relevant departments to drain the approving authority upon the acceptance of input enabled.

    17th water conservancy administrative departments or water function area of river basin management institutions shall, in accordance with the quality requirements and the natural purification capacity of water, approved the water environmental capacity and to the waters to limit the total amount of emissions to the Environmental Protection Department.

    The water conservancy administrative departments and river basin authorities should strengthen daily supervision and management of sewage outlets; on the concentration of pollutants or emissions do not meet the requirements, the Department of environmental protection administration ordered its deadline to reduce or stop the sewage and rectification or termination of use as required. 18th environmental protection Administrative Department should strengthen daily supervision and management of the sewage units of the Act shall be within the jurisdiction of the regular and periodic inspections of units to ensure that discharge.

    During the irrigation period or experiencing serious drought and serious deterioration in water quality, such as emergency situations, site supervision measures can be taken.

    The Administrative Department of environmental protection, in serious pollution to the aquatic environment when the threat to life and property security, it should be immediately reported to the people's Government at the.

    19th environmental protection Administrative Department in conjunction with the water conservancy administrative departments according to the actual situation of sudden water pollution incident emergency plans, establishing joint emergency response system.

    Article 20th water conservancy administrative departments administrative departments shall, in accordance with their respective responsibilities and environmental protection water quality monitoring of the Division of water function areas, found that total emissions of major pollutants exceed the control indicators, ribbon or water quality does not meet water use on water quality requirements, and shall promptly report to the relevant people's Government, and by the Administrative Department of environmental protection to discharge responsibilities in the investigation.

    21st pollutant discharging unit shall, in accordance with the relevant provisions in the sewage outfall installation of emissions monitoring equipment, environmental pollution monitoring systems with the Administrative Department of environmental protection and monitoring equipment to ensure normal operation.

    22nd environmental protection Administrative Department shall, in important river, waters, construction of water environment monitoring network focused on water protection zone.

    23rd before the implementation of these measures, has a set of outlet units or individuals, should be to the discharge outlet location the water conservancy administrative departments or for outfall into river basin management institutions to register.

    Outlets for registration shall submit the following materials:

    (A) sewage outlet registration form;

    (B) report of the analysis of environmental impacts on receiving waters;

    (C) the main pollution facilities and water pollution control facilities operation of a brief description;

    (D) brief description of the operation of sewage facilities.

    24th water conservancy administrative departments should be set on the outlet within the jurisdiction established filing system and statistics system. 25th water conservancy administrative departments shall supervise and inspect the drain set.

    The units under inspection shall provide relevant documents, licenses and materials.
Supervision and inspection authorities shall keep confidential the technological and business secrets of inspected units.

    26th, water conservancy, environmental protection, administrative authorities and other bodies and their staff, have one of the following acts, by higher administrative authorities or supervisory organs shall be ordered to correct serious, managers directly responsible and other persons directly responsible shall be given administrative sanctions constitute a crime, criminal responsibility shall be investigated in accordance with law:

    (A) of the application materials are complete and comply with the statutory conditions are met outlet application as inadmissible or decision is not made within the statutory time limit;

    (B) on the application materials are incomplete or do not comply with the statutory format outlets agreed with the decision of the application;

    (C) without the water conservancy Administrative Department, the drain set without approval;

    (D) acts in violation of these measures are not timely, not dealt with according to law.

    27th units or individuals of any of the following acts, be dealt with by the relevant departments in accordance with the following provisions:

    (A) without the jurisdiction of the local people's Governments at or above the county level the water conservancy administrative departments or river basin authorities for examination and approval, set the outlet without authorization, in accordance with the People's Republic of China water law 67th of the relevant provisions of the second paragraph of article will be punished.

    (Ii) was agreed by the review, but did not press the outlets requested, in accordance with the People's Republic of China water law 65th of the article and the People's Republic of China flood article 58th of the relevant provisions of the law will be punished.

    (C) set the outlet in the drinking water source protection areas, sewage outlet not in accordance with the established and dismantle of the treatment programme, in accordance with the People's Republic of China 67th article about provision of water will be punished.

    (D) the pollutant emissions are not installed in accordance with the provisions of automatic monitoring equipment, not with the Administrative Department of environmental protection monitoring device networking, monitoring equipment is not functioning, or the unauthorized removal, damage monitoring equipment, by the Department of environmental protection a rectification; fails to make corrections in accordance with the People's Republic of China Law on water pollution prevention and control shall be punished under section 72nd. (E) water quality does not meet requirements, or due to normal production of discharges affecting water users, by the water conservancy administrative departments be ordered to desist from the illegal act, rectify.

    In provides term within stop violations, back water water meet provides requirements of, at 5,000 yuan above 10,000 yuan following of fine; in provides term within refused to corrected of, or is take measures but back water water still not meet provides requirements of, at 10,000 yuan above 20,000 yuan following of fine; by punishment Hou water still not meet provides requirements, and refused to take measures, and resist supervision check, in accordance with take water license and water resources fee levy Management Ordinance 52nd article about provides, revoked take water license.

    (F) discharge of water pollutants in excess of the State or local water pollutant emission standard or over focusing on total amount control of water pollution index, by the Department of environmental protection in accordance with the People's Republic of China Law on water pollution prevention and control shall be punished under section 74th.

    (G) cause harm of water pollution should be to eliminate, and the units or individuals suffered direct damages; disputes over liability and the amount of compensation, the parties concerned may directly bring a lawsuit, or the Department responsible for environmental protection departments, fisheries authorities in accordance with the Division of responsibilities for mediation party not satisfied with the mediation process, you can bring a lawsuit. 28th article of the rules take effect on December 1, 2010.