Shanghai Land Subsidence Controlling Management

Original Language Title: 上海市地面沉降防治管理办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
(On May 8, 2006 Shanghai City Government 105th times Executive Conference considered through on August 24, 2006 Shanghai City Government makes 62nd, announced since on October 1, 2006 up purposes) first chapter General first article (purpose and according to) to control ground settlement, avoid and reduce ground settlement caused of loss, maintenance people life and property security, promote economic and social sustainable development, according to geological disaster control Ordinance and about regulations, and regulations of provides, combined this city reality,
    These measures are formulated.
    Article II (scope) these measures shall apply to the administrative area of the city of ground subsidence in monitoring, control and management of its activities.
    Article (for the definition of the term) in this way the terms are defined as follows: (a) land subsidence, is due to natural factors or human activities caused the crust surface compression of loose soil and geological phenomena leads to reduced ground elevation.
    (Ii) ground settlement monitoring facilities (following referred to monitoring facilities), is refers to for made ground settlement data and built of following facilities: 1, and monitoring soil deformation of various measurement logo and supporting of instrument equipment; 2, and monitoring groundwater dynamic of observation well (hole), various hydrological geological monitoring facilities; 3, and for protection Qian said facilities and built of anti-guardrail, and housing, buildings, and structures.
    (C) land subsidence prevention and control facilities (hereinafter referred to as installations), refers to groundwater recharge wells and implementing the recharge of groundwater extraction and filling well (including pipe and ancillary facilities).
    The fourth section (management), the Shanghai municipal housing and land resources authority (hereinafter referred to as the municipal housing, land and resources administration) is the ground settlement monitoring and control of the administrative authorities.
    Shanghai Municipal Water Affairs Bureau (hereinafter referred to as the municipal water authority), land subsidence, is responsible for the prevention and control of groundwater and irrigation management.
    Shanghai construction and traffic management Committee (hereinafter referred to as city construction and traffic Commission) is responsible for the city ground subsidence in the prevention and treatment of construction project management.
    The district (County) Government and housing, water supply, construction, planning, finance, investment, services, transport, environmental protection and civil defence authorities in accordance with their respective responsibilities, to coordinate the implementation of these measures.
    Chapter II monitoring and control measures of ground subsidence fifth (land subsidence monitoring and investigation) municipal housing, land and resources Bureau of land subsidence monitoring network should be established, strengthening the dynamic monitoring of land subsidence, and together with the municipal water Affairs Bureau, city construction and traffic Commission and other departments in accordance with the State of the geological environment in this city organized surveys of land subsidence.
    The sixth section (land subsidence-prone areas) municipal housing, land and resources Bureau shall, together with the municipal water Affairs Bureau, city construction and traffic Commission and other departments, according to the land subsidence survey and monitoring results, so-called land subsidence-prone areas.
    Seventh (land subsidence control plan) municipal housing, land and resources Bureau shall, together with the municipal water Affairs Bureau, city construction and traffic Commission and other departments, preparation of the city ground subsidence control plan, discussed by experts, reported that the municipal government approved and submitted to the Ministry of land and resources released the record.
    The city ground subsidence control plan include the following: (a) the present situation and development trend forecasting of ground subsidence, (ii) land subsidence prevention principles and objectives, (iii) ground subsidence-prone areas, focusing on prevention and (iv) land subsidence prevention project (v) land subsidence prevention measures (vi) standard of land subsidence. The eighth section (information) municipal housing, land and resources administration, land subsidence, shall regularly publish their own data and related information, if necessary in conjunction with the relevant departments in accordance with law publishing disaster prediction of land subsidence.
    No other units or individuals may issue to the community disaster prediction of land subsidence.
    Nineth (arrangement of monitoring facilities and installations) municipal housing, land and resources Bureau should be based on urban planning, land subsidence prevention planning organization monitoring facilities and irrigation well arrangement.
    Municipal Water Affairs Bureau shall, in accordance with the town planning, land subsidence prevention planning and water extraction and filling well prepared professional planning organization in arrangement.
    Tenth (land subsidence controlling annual work plans) municipal housing, land and resources Bureau shall, together with the municipal water Affairs Bureau, city construction and traffic Commission and other departments, according to the land subsidence prevention planning, preparation of land subsidence controlling annual work plans, and their implementation. 11th (groundwater extraction restriction) in tap water pipeline reached the area, except for combat readiness, emergency, high quality drinking water development and utilization of special circumstances, such as to prohibit exploitation of groundwater.
    Prohibition of exploitation of groundwater in the specific scope of the municipal water Affairs Bureau in conjunction with the municipal Bureau of land and resource delineation, and approval of the City Government.
    Municipal water authority shall in accordance with the national provisions relating to water licensing and the municipality approval for underground mining activities, in which large and medium construction projects and water water water licensing applications, should seek the advice of the municipal housing, land and resources administration.
    12th (annual plans for groundwater recharge) municipal water Affairs Bureau shall, together with the municipal Bureau of land and resource according to the city ground subsidence control plan, ground subsidence monitoring and water supply planning jointly prepared annual plans for groundwater recharge and approve water intake permit applications and the basis for organizing the implementation of groundwater recharge.
    13th (drilling management) units or individuals need to dig wells for ground water, water licensing in accordance with law shall be applied for and approved before they can drill wells.
    14th (planning, regional land subsidence risk assessment) prepared detailed planning of land subsidence-prone areas should be on ground subsidence fatalness assessment planning region, and as a basis for detailed planning approval.
    15th article (construction engineering of ground settlement risk assessment) in ground settlement easy sent district within for following engineering construction, units should in feasibility research stage or exploration stage for ground settlement risk assessment: (a) major municipal engineering construction project; (ii) pit excavation depth over 7 meters (containing 7 meters) of construction project (following referred to deep pit project); (three) ground settlement focus control district within of engineering construction project. 16th (assessment of qualifications, and assessment content) of ground subsidence fatalness evaluation units implementing quality management in accordance with law.
    Ground subsidence fatalness evaluation unit shall, within the scope permitted by their level of qualification take ground subsidence fatalness evaluations.
    Ground subsidence fatalness evaluation unit shall provide the assessment report and evaluation report, construction works on the planning of regional or possibility of subsidence hazards, as well as in the construction, after the completion of initiation, to assess the possibility of increased land subsidence, land subsidence prevention measures of concrete.
    Ground subsidence fatalness assessment unit should be responsible for assessment. 17th (excavation of Foundation pit drainage of groundwater recharge) by using construction method of deep Foundation pit project of the construction unit shall bear the obligation of groundwater recharge.
    Recharging required by the municipal water Affairs Bureau together with the municipal construction and traffic Commission, the municipal housing, land and resources administration separately.
    18th (review of design and construction of Foundation pit) construction development of the excavation of deep Foundation pit project design and construction programme should be based on the requirements of ground subsidence fatalness assessment report, clear ground subsidence control measures; construction of drainage, should also determine the amount of groundwater discharge and recharge.
    Design and construction of deep Foundation pit project of Foundation pit for expert review, which should include review on land subsidence prevention measures without expert review or did not pass a review, not construction.
    19th (supervision of Foundation pit construction) construction of deep Foundation pit project of units shall, in accordance with the design of Foundation pit construction and construction programmes; construction of drainage, shall control design and construction scheme of Foundation pit pumping of groundwater discharge.
    During construction of deep Foundation pit project, employer shall entrust a qualified as ground subsidence monitoring technology standards and technical specifications, around the pit area of the ground settlement monitoring irregularities, should promptly report to the local construction management sectors, and take measures.
    20th (collection of monitoring data) after the completion of deep Foundation pit project, the construction unit ground settlement monitoring data should be submitted to the local area (County) property management.
    Chapter III monitoring and control facilities construction and management of 21st (land) monitoring of construction, reconstruction and expansion of facilities and recharge wells, approved by the municipal government, can levy a farmers ' collective-owned land, or allocation to use State-owned land.
    22nd (primary) monitor facility investments by the State and managed by municipal housing, land and resources Bureau is responsible for the construction.
    Recharge well investment by the State, municipal water Affairs Bureau and responsible for building extraction and filling well by units and individuals invest in groundwater. 23rd (design, construction and acceptance) the construction, reconstruction and expansion of monitoring and control facilities shall entrust a qualified design, construction units.
    Completed Hou, according to following provides acceptance: (a) monitoring facilities by city room to resources Council is responsible for acceptance; (ii) back irrigation well by city water works Council organization acceptance, and notification city room to resources Council participate in, acceptance information CC city room to resources Council; (three) mining irrigation well by units organization acceptance, and notification city water works Council, and city room to resources Council participate in, acceptance information respectively reported city water works Council, and city room to resources Council record.
    24th (recharge management) extraction and filling unit or individual shall, in accordance with municipal water Affairs Bureau issued the groundwater recharge recharge obligations plan.
    Extraction and filling well used units or individuals to hand over extraction and filling well of others should transfer contract with receiver, recharging in the clear obligations and municipal water Affairs Bureau.
    Extraction and filling well used units or individuals to stop water intake should continue to complete year municipal Bureau of water recharge program.
    25th (recharge water) water shall conform to the national standard for drinking water quality.
    26th (recharging costs) extraction and filling well recharge costs equivalent to the quantity of water in part of the assumed by the entity or individual extraction and filling well; beyond the part borne by the city of water.
    Recharging recharging costs borne by the Government. 27th (maintenance responsibility and day-to-day management) monitoring facility is maintained by the municipal housing, land and resources Bureau.
    Reinjection is maintained by the municipal water Affairs Bureau, extraction and filling well is maintained by the use of units or individuals. Municipal housing, land and resources administration, water authority shall, in accordance with their respective responsibilities, and establish and improve the monitoring facilities and facilities maintenance system to ensure the normal use of the facility.
    The district (County) Government should assist the monitoring facilities and installations.
    28th (scrap) monitoring facilities and recharge well was damaged beyond use, absolutely necessary to scrap the municipal housing, land and resources Bureau, the municipal water Affairs Bureau be handled according to their respective duties.
    Extraction and filling well due to damaged beyond use, absolutely necessary to scrap the used unit or individual shall advance to the municipal water Affairs Bureau, and well filled by the regulation. 29th (dismantled and relocated) new construction, reconstruction and expansion project shall avoid impacts on the monitoring and control facilities.
    Due to construction of monitoring facilities or installations should be removed, should ask the city or municipal water authority agreed with the housing, land and resources, and the full cost of the relocation implementation easy.
    30th (prohibited acts) municipal housing, land and resources Bureau and the municipal water authorities should be monitoring facilities and installations around settings related to warning signs.
    No units or individuals shall engage in the following acts: (a) unauthorized removal or damage monitoring and control facilities, (ii) trespassing or possession of monitoring facilities and installations, and (iii) monitoring facilities and installations engaged in the activities impeding the normal operation of the facility; (d) seize, damage or damage to other acts monitoring facilities, installations. Fourth chapter legal responsibility 31st article (management sector and staff of responsibility) violation this approach provides, about management sector has following behavior one of of, on directly is responsible for of competent personnel and other directly responsibility personnel, law give downgraded or dismissed of administrative sanctions; caused ground settlement led to personnel casualties and major property loss of, law give fired of administrative sanctions: (a) unauthorized released ground settlement data or related information; (ii) in prepared ground settlement easy sent district within of detailed planning Shi,
    Failing to plan regional land subsidence risk assessment; (c) there are other malfeasance in land subsidence prevention and control work.
    32nd (municipal housing, land and resources administration of administrative punishments) of geological disaster prevention and control of municipal housing, land and resources administration in accordance with the relevant provisions of the Ordinance to be punishment for violating these rules.
    33rd (municipal water authority of administrative penalty) the following offences by the municipal water Affairs Bureau rectification and to a fine of up to 10,000 yuan and 100,000 yuan (I) seize, damage or damage to installations, (ii) refuse to accept obligations or did not complete the approved groundwater recharge recharge amount, (iii) allowed to drill wells.
    34th (increase water charges)-planned exploitation of groundwater, overexploitation of parts in addition to current water price paid in deep water outside, and shall be paid according to the current price of 10 times increase water charges.
    35th (administrative reconsideration and litigation) specific administrative acts of the administration by the parties, may, in accordance with the People's Republic of China administration reconsideration law or the People's Republic of China administrative litigation law of the provisions may apply for administrative reconsideration or bring an administrative suit.
    Parties on the specific administrative act if no application for reconsideration does not sue nor complied with, specific departments can apply for court enforcement of administrative acts. The fifth chapter supplementary articles article 36th (date) these measures come into effect on October 1, 2006.
                                                                                                Municipal Government released on August 21, 1996, the management of Shanghai land subsidence monitoring facilities repealed simultaneously.