Ningbo Urban River Management

Original Language Title: 宁波市市区城市河道管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201007/20100700257637.shtml

Ningbo urban river management

    (February 21, 2010 Ningbo Municipal People's Government for the 74th General session March 17, 2010 by Ningbo Municipal People's Government, the 173th announced as of May 1, 2010) Chapter I General provisions

    First to strengthen the management of urban River, protecting and improving the urban water environment, ensure that the river functions well, in accordance with the People's Republic of China water law, the Ningbo rivers management regulations, the Ningbo Municipal facilities management regulations and other relevant laws and regulations, combined with the city's actual, these measures are formulated.

    Second approach applies to the Ningbo urban river training, utilization, protection and management.

    Urban rivers mentioned in these measures refers to century Boulevard to the East, South to the Hangzhou-Ningbo Expressway, West of airport road, North to North outer loop (, Jiangbei, Jiangbei District extends East to the administrative boundary East of Ningbo University) context in addition to yuyao River, Fenghua River, all outside the yongjiang River and its associated facilities.

    Article construction and management of urban rivers, in the premise of meeting the flood control storage, should be combined with the urban surroundings, focusing on ecological landscape construction, comprehensive layout of ecological landscape, cultural landscape, leisure and entertainment facilities. Fourth of urban river divided into municipal pipes, pipe channels.

    Municipal and district levels, scope of Management Department of management in the city, managed by the city Administrative Department, a proposal submitted to the municipal people's Government announced. Fifth of municipal administrative departments of the city administration is responsible for the management of urban rivers, and organize the implementation of these measures.

    Urban river management institution entrusted by the Administrative Department of city management, good management of urban rivers.

    District offices of the urban river management and regulatory bodies established by the district people's Government, responsible for the tube channel management.

    Sixth water conservancy administrative departments responsible for urban river planning, flood control and water resources management.

    Administrative departments in charge of environmental protection on urban water pollution control of urban river unified supervision and management, responsible for urban river water quality monitoring and periodic reporting.

    Traffic administrative departments in charge of urban river channel management with navigation capabilities.

    Agricultural administrative departments in charge of urban rivers and river livestock management.

    Fishery administrative departments responsible for aquaculture management of urban rivers.

    Construction, maritime, planning, land and natural resources, development and other administrative departments, shall, in accordance with their respective responsibilities, to do a good job of urban river management.

    Chapter II planning and construction

    Article seventh city Administrative Department shall, in conjunction with city planning and construction, environmental protection, water conservancy, communications and other administrative departments, preparation of the urban river planning urban river planning shall conform to the requirements of the urban river planning.

    Other professionals associated with the urban river planning should be dovetailed with the protection and management in the urban planning, before the relevant professional sectors in the preparation of professional planning, should seek the views of municipal administrative departments of the city administration.

    Eighth of municipal administrative departments of the city administration should participate in the municipal and district levels within the management of the urban river management River construction project planning, development, design and construction of the triage meeting.

    Urban River Management Department should be involved in the Canal city of river engineering projects within river management triage meetings.

    Nineth urban planning and construction of urban river course, should meet the river flood, water diversion, basic features such as navigation requirements, the implementation of comprehensive improvement of water environment and river water quality improvement and water flow. On the tenth of urban River Bridge, crossing the pipes cables and other facilities, shall comply with the provisions of national, provincial and municipal flood control requirements as determined by the urban river planning and wider standards.

    Elevation of the bridge and pipeline River crossing shall conform to the requirements of flood control and navigation.

    Urban river river-bottom level shall comply with the standards established by the urban river planning.

    11th in urban River River when construction projects, construction should be flowing through the project area within the river training works in the project plan, and synchronize with the project implementation.

    Referred to in the preceding paragraph of regulation works including earthworks, widening, dredging, communication, landscape green and others as determined by the urban river planning inland waterway infrastructure. 12th construction unit in the Organization of urban River construction project when it is completed, it shall notify the municipal administrative authorities and urban river management to participate in. Unqualified acceptance, shall not be put into use.

    Project information should be reported in the 30th after acceptance of city management administrative departments and urban River Management Department. 13th city River after passing the final acceptance of construction works, the construction unit shall, in accordance with the urban river receiving management requests to the municipal administrative departments of the city administration for the project handover procedures.

    Administrative departments of the city administration after receiving in accordance with urban river management respectively by the municipal and district administration management in the city.

    Chapter III protection and management

    14th urban river management identified by the urban river planning River waters, levees and green control; control range of green space in urban river planning is not clear, in accordance with the regulations on urban landscaping in Ningbo city green space of width control provides the scope of management.

    15th urban river management within the scope of cultural relic protection units, relic protection sites and historic districts, historic buildings, should be based on protection of cultural relics and historic districts, historic preservation requirements be properly repaired, and use it in accordance with under the principle of protecting. 16th engages in Cross River, and river and other urban construction projects of urban river function should not endanger the urban safety.

    Endanger the safety of urban river course, the construction unit shall immediately cease construction, and take measures to eliminate the hazards. 17th urban river management within the River construction project, River shoreline delineation and excavation, occupation, landfill, and shall, in accordance with city, river levels, urban management, management scope to the competent administrative departments or district administrative Licensing application to the urban River Management Department.

    When applicants apply, shall provide planning advice, project documents, project plans, construction plans, construction plan and other approved materials.

    Applicant should be in city management administrative departments or concurrence of the urban river management reviews, can be implemented only the River construction project. Temporary occupation, the mining construction requires urban river course and its facilities, the construction unit shall resume the rivers intact.

    To continue to occupy the river due to extended construction, the construction unit shall re-apply for a license. 18th city administrative departments and urban river management authorities should strengthen tracking of building construction projects that involve urban river regulation, ensure the safety of urban river course and its facilities.

    Does not meet the flood control standards and shoreline planning and other technical standards for River-related construction projects, shall supervise the construction deadline to remedy. Set within the scope of urban river of illegal buildings, structures or water facilities, respectively, by city administrative department or area urban River Management Department in charge shall command facilities be removed or moved.

    If action is not taken, organized by the municipal and district urban river management forcibly removed, the costs borne by the facility.

    19th when urban development and construction of the urban River along the block, on the site of buildings, structures and line the Bank shall, in accordance with the planning requirements of the distance between concessions.

    New width of 15 meters above the green space along the River should be open for public green spaces; width of 15 meters above the green space along the River have been built should be gradually transformed into public open green space.

    And urban river channel supporting public green space along the river belongs to the river for the construction of facilities by the employer after acceptance, according to the area level management in the municipal and District respectively transfer of municipal and district administration management in the city.

    20th in the urban areas within the urban river management to open business places, activities such as installing outdoor advertising facilities shall comply with urban planning of urban river-related requirements to ensure that urban rivers and River facilities clean and in good condition, and accept the municipal administrative departments and urban river management oversight.

    21st is prohibited in urban river management within the new and expanding the sewage discharge into the River, directly or through a rain water pipe network of production and operation of sewage disposal. Units need of water production and operation of sewage shall be subject to examination and approval by the Administrative Department of environmental protection, discharge of waste water should be treated and achieve national, provincial or municipal requirements of emission standards.

    Areas serviced urban sewage network, the production and operation of the units should be treated sewage into the city sewer.

    Areas serviced urban sewage network, residents should be integrated into urban sewage pipe network, connect the water pipe network. City environmental protection administration departments should strengthen supervision and management of urban rivers acts that illegally discharge pollutants.

    City management administrative departments should strengthen the unauthorized access of urban rainwater pipe network of supervision management in the discharge.

    22nd urban river management within the scope of the prohibition of fish farming, livestock, and set net fishing operations.

    Of the urban area within the urban river management have fisheries and livestock breeding project, the local district people's Government municipal administrative departments such as fisheries, agriculture, with reasonable compensation, aquaculture permit recovery and reduce urban pollution of river water.

    23rd in the urban areas within the urban river management may implement the following actions:

    (A) the blasting, sand, gravel, Earth, drilling, pile driving, drilling and digging fish ponds, which affect the stability of river, jeopardize the safety of Bank behavior;

    (B) the occupation and destruction of riparian, fence gate, River, pumping stations, green facilities, public facilities along the River, hydrological monitoring, urban river facility;
(C) the discharge into the urban river mud, sewage, dumping of industrial waste, construction waste, municipal solid waste or other waste, or arbitrarily set, move, expanding gullies;

    (D) urban rivers in the urban area to wash and store oil, vehicles or containers of toxic pollutants and other acts against water;

    (E) to pile or deposit solid wastes and other pollutants;

    (Vi) in the sluice gates, pump inlet, within the scope of the prohibition of stopping ride at anchor;

    (VII) blocked, removed, or moved without permission of urban river facility;

    (H) establishment of a car wash;

    (I) at the municipal and district people's Government announcement identifying landscape River swimming, washing in the region;

    (10) in the municipal administrative authorities or urban river management bulletin to determine its ban of fishing fishing within the region;

    (11) the suspension, hanging hamper landscape items;

    (12) other damages, encroachment of urban rivers.

    24th urban river conservation unit shall, in accordance with the urban stream surface cleaning, green conservation, facility maintenance and other technical standards, specifications and contract requirements, to regulate the urban river course and its facilities maintenance to ensure that urban rivers in good condition.

    City management administrative departments and urban River Management Department of urban river conservation supervision and assessment.

    25th article administrative departments of the city administration, water conservancy administrative departments and competent administrative departments should strengthen the environmental protection of urban river water quality management to ensure that urban Riverway stench, like color, odor-free, in line with the water function zoning requirements.

    Urban cities, water odor, color or odor, municipal administrative departments of the city administration should distinguish between situations, be dealt with in accordance with the following provisions:

    (A) appears on the water due to an illegal sewage odor, color or odor, it shall promptly notify the departments of municipal environmental protection administration, municipal law enforcement management in environmental protection Administrative Department shall, without delay, and the investigation results, administrative departments of the city administration, written feedback.

    (B) absence of dredging in time lead to the emergence of water odor, color or odor, and should urge city river management institution or district urban River Management Department to be dredged.

    (C) for other reasons lead to the emergence of water odor, color or odor, it shall promptly notify the municipal water conservancy administrative departments, municipal water conservancy administrative departments should promptly carry out water control and water control work, administrative departments of the city administration, written feedback.

    Article 26th city Administrative Department of the city administration, the urban river management and related administrative departments should establish and improve the urban river course management and collaboration of law enforcement information sharing and management mechanisms.

    City city management administrative competent sector or district city river management sector in investigation urban city river management range within of violations Shi, involved other related administration sector functions of, by city city management administrative competent sector or district city river management sector will about situation written told related administration sector, related administration sector should timely law for investigation, and will investigation information timely feedback city city management administrative competent sector or district city river management sector.

    27th of municipal city management administrative departments and urban River Management Department shall establish a sound complaint mechanism, to accept public reports and complaints, accessible to the public on urban river management, cleaning, and violations of oversight.

    City management administrative departments or urban River Management Department after receiving complaints and reports, are matters within the mandate of the Department, should be investigated and prosecuted in the 30th, and feedback the results of investigation to the parties; for matters do not fall within the responsibilities of the Department, should tell the parties to administrative authorities relating to the complaint.

    The fourth chapter legal liability Within the 28th urban river management involving a breach of water administration and other relevant laws and regulations, the municipal administrative law enforcement organs, urban management power of relatively concentrated administrative punishment.

    Relating to environmental protection, channel management, farm management, fisheries management and other related laws and regulations, and related administrative departments shall punish.

    This way intramuros City Administration Administrative Department and Division of administrative punishment right for urban River Management Department, determined according to the scope of the urban river management permissions.

    29th in violation of the provisions of article 16th, managed by the municipal administrative departments or urban River Management Department be ordered to desist from the illegal act, restitution, compensation for losses arising therefrom, and may impose a fine of less than 1000 Yuan and 10,000 yuan.

    30th article violation this approach 21st article provides, in urban city river management range within new and expanded sewage mouth of, by city city management administrative competent sector or district city river management sector ordered stop violations, deadline recovery undisturbed, at 50,000 yuan above 100,000 yuan following of fine; sewage units unauthorized emissions production business water of, by environmental protection administrative competent sector according to People's Republic of China water pollution control method, about legal, and regulations of provides be punishment.

    31st in violation of these regulations the following regulations, managed by the municipal administrative departments or urban River Management Department shall be punished; public security should be given administrative penalties, penalty shall be imposed in accordance with the Act constitutes a crime, criminal responsibility shall be investigated according to law:

    (A) in urban city river management range within, unauthorized built hinder line Hong of buildings, and structures, set wreck, and ship housing, and ring gaskets city River, hinder line Hong of behavior, ordered stop violations, deadline demolition illegal buildings, and structures, recovery undisturbed; late not demolition, and not recovery undisturbed of, forced demolition, by needed costs by illegal units or personal burden, and at 10,000 yuan above 100,000 yuan following of fine.

    (B) in the context of urban river management blasting, sand, stone, soil, drilling, piling, dig, dig fish ponds, which affect the stability of river, jeopardize the safety of Bank behavior, ordered to stop construction, remediation, and may be fined not more than RMB 10,000 yuan and 50,000; damage caused, he shall bear civil liability.

    (C) in the context of urban river management, destroying river banks, pumping station, gate, River Green, public facilities along the River, hydrological monitoring facilities, and other facilities of urban rivers, ordered to stop the violations and take remedial measures, may be fined not more than RMB 10,000 yuan and 50,000; damage caused, he shall bear civil liability.

    (D) in the context of urban river course management in aquaculture production or set net fishing to prevent flooding, ordered to stop the violations, the fines of between 50,000 yuan and 10,000 yuan.

    (E) in the context of urban river management without authorization to engage in fish farming or set net fishing operations is not impeding flood discharge, be ordered to desist from the illegal act and may be fined not more than 1000 Yuan and 10,000 yuan.

    (Vi) to slurry, sewage urban Riverway emission, dumping of industrial waste, construction waste, municipal solid waste or other waste, or arbitrarily set, move, expanding gullies, ordered to desist from the illegal act and may be fined not more than 5000 Yuan and 50,000 yuan.

    (VII) sluice gates, pump inlet, within the scope of the prohibition of stopping ride at anchor, ordered to depart immediately, the parties do not perform, be forced off by administrative law-enforcement agencies of the city and dragged off the expenses shall be borne by the parties, and may be fined not more than 500 Yuan more than 2000.

    (VIII) blocked, removed, or moved without permission of urban River facilities, ordered to rectify, restitution, and to a fine of up to 200 Yuan more than 2000.

    (I) at the municipal and district people's Government announcement identifying landscape River in the region of swimming, washing or municipal administrative departments or urban river management bulletin to determine its ban of fishing fishing in the region, ordered to desist from the illegal act, confiscate the fishing tools and may be fined not more than 50 Yuan and 200 Yuan.

    (J) the urban river management in the urban areas within the establishment washing the car, ordered to desist from the illegal act and may be fined not more than 500 Yuan more than 5000 Yuan.

    (11) in the context of urban river management suspension, hanging hamper landscape items, shall be ordered to correct and may be fined a maximum of 50 Yuan.

    32nd in violation of provisions of this article 22nd, in the context of urban river management construction of livestock and poultry farms are engaged in livestock and poultry breeding, the Department of agriculture administration ordered to rectify, and more than 5000 Yuan and fined a maximum of 50,000 yuan.

    33rd article violates this article 23rd paragraph (d) and (e) acts, by the Department of environmental protection in accordance with the People's Republic of China water pollution prevention law, and the People's Republic of China solid waste pollution prevention law and other relevant laws and regulations will be punished.

    34th article violates these rules, other laws, regulations, rules, and punishments according to law by the relevant administrative departments.

    35th city management administrative departments, urban river management sector, relevant administrative departments, urban river management agencies and their staff in the management of urban rivers negligence, abuse of authority or engages, directly by their work units or by the competent Department in charge of personnel and other persons directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    The fifth chapter by-laws

    Article 36th River facilities in these measures, including river bed, water, River, the fence, pump stations, gates, River Green, public facilities along the River, various types of buildings (structures) and other river-related facilities.

    37th the scope of urban river based on urban development and construction need to be managed by the municipal administrative departments, water conservancy administrative departments, and consultations, a proposal submitted to the municipal people's Government for approval after the adjustment. 38th article of the rules take effect on May 1, 2010.