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Shanghai Land Subsidence Controlling Management

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

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(Summit No. 105 of the Government of the Shanghai City of 8 May 2006 to consider the adoption of Decree No. 62 of 24 August 2006 on the People's Government Order No. 62 of 24 August 2006 on 1 October 2006)

Chapter I General
Article 1
In order to combat land deposition, to avoid and mitigate the loss of ground silence, to preserve the life and property security of the people and to promote sustainable economic and social development, and to develop this approach in line with the provisions of the Geological Disaster Control Regulations and the relevant regulations and regulations.
Article 2
This approach applies to monitoring, combating and managing activities on the ground in the city's administration.
Article 3 (Definition of terms)
The definitions in this approach are as follows:
(i) Terence on the ground refers to geological phenomena that have resulted in a compression of the surface layers due to natural or man-made activities and have led to a high drop in the surface.
(ii) Ground sediment monitoring facilities (hereinafter referred to as monitoring facilities) means the establishment of the following facilities for access to ground sediment data:
1) Monitoring various measurement signs and their accompanying equipment;
Monitoring of various hydrogeological monitoring facilities, such as observational wells (k) for groundwater dynamics;
3) Protection columns constructed for the protection of the above-mentioned facilities, buildings such as homes, constructions.
(iii) Ground depositioning facilities (hereinafter referred to as a control facility) means the indoctrination of groundwater to the wells and the drilling of groundwater backwards (including wells and their subsidiary facilities).
Article IV (Management)
The Housing Resources Authority of the Shanghai City (hereinafter referred to as the Urban Housing Resources Authority) is the administrative authority for land sediment monitoring and control in the city.
The Shanghai City Water Authority (hereinafter referred to as the Municipal Water Authority) is responsible for the management of groundwater mining and revelocation in the area of land sediment control.
The Shanghai City Construction and Transport Management Committee (hereinafter referred to as the Urban Transport Committee) is responsible for construction work management in the area of land deposition.
In accordance with their respective responsibilities, the authorities of the District (Parea) and premises, water, construction, planning, finance, investment, municipalities, transport, environmental protection and civil defence are implementing this approach.
Chapter II Surveillance monitoring and control measures on the ground
Article 5
The Urban Premier Resources Authority should establish a land sediment monitoring network to enhance dynamic monitoring of land sediments and conduct ground-breaking surveys in conjunction with sectors such as the Municipal Water Bureau and the Urban Transport Committee.
Article 6
The Urban Premier Resources Authority should delineate land sediments in line with local sediment surveys and monitoring results.
Article 7
The Urban Housing Resources Authority shall prepare the land-remitting prevention planning in the city, in conjunction with the municipal water authorities, the city's construction committee, and, after the expert opinion, the municipality approves the publication and presentation of the Land Resources Department.
The land sediment control planning in the city mainly includes the following:
(i) Status of ground silence and development trends forecast;
(ii) The principles and objectives of control on land depotentials;
(iii) Ground sediment vulnerability areas and focus areas;
(iv) Land sediment control projects;
(v) Terence measures;
(vi) Survivoring standards of defence.
Article 8 (Information)
The Urban Premier Resources Authority should regularly publish data and relevant information on land sediments in the city and, where necessary, release ground-based disaster forecasts with the relevant sectors. No other units and individuals shall be allowed to release a surface disaster forecast to society.
Article 9
The Urban Premier Resources Authority should prepare monitoring facilities and layout programmes based on urban planning, land sediment control planning organizations.
The Municipal Water Bureau should prepare a programme for drilling wells based on urban planning, land deposition planning and water resource planning organizations.
Article 10
The Urban Premier Resources Authority should prepare an annual workplan for land sediment prevention and management, in conjunction with the municipal water service and municipal transport committees, in accordance with land sediment control planning.
Article 11
The mining of groundwater is prohibited in areas that have been arrived at by the Water Management Network, in addition to special conditions such as operational readiness, emergency standby and the development of high-quality drinking water sources. The specific scope of the prohibition on the exploitation of groundwater is determined by the Municipal Water Bureau with the Urban Housing Resources Authority and reported to the Government for approval.
The Municipal Water Authority shall review groundwater mining activities in accordance with the provisions of the State and the city relating to access to water permits; in this regard, applications for water access to water from large-scale construction projects and water sources should be consulted by the Urban Housing Resources Authority.
Article 12
The Urban Water Bureau should prepare a plan for groundwater mining and re-incruitization in conjunction with the Municipal Housing Resources Authority, based on land sediment control planning, ground sediment monitoring results and water supply professional planning, and serve as a basis for the approval of water licence requests and the organization of the implementation of groundwater return.
Article 13
It is necessary for the wells to take advantage of the watershed units or individuals, which should be made subject to the law and subject to approval.
Article 14
Details of planning in the area of land sediment vulnerability should be developed and the planning area should be used as a basis for the approval of detailed planning.
Article 15
The construction units should conduct ground-based risk assessment at the feasibility study stage or at the survey stage.
(i) Major municipal construction projects;
(ii) The construction project (hereinafter referred to as the deep-rooted pit project) for the deep exhumation of the base pit, which exceeds 7 metres (7 m);
(iii) Engineering construction projects in the area of land sediment focus.
Article 16
Terence risk assessment units are governed by law. The risk assessment unit on the ground should assume the risk assessment of land silence within the limits of its qualifications.
The risk assessment unit should be given an assessment report and, in the assessment report, the possibility of harming the planning region or construction works on the ground should be evaluated and the possibility of building, releasing and exacerbating land sediments is proposed for specific ground-to-use measures.
The risk assessment unit on the ground should be responsible for the assessment.
Article 17
The construction of deep-rooted pit projects using drainage law should assume the obligation to relaunch groundwater. Recovering requests were made by the Municipal Water Bureau, together with the Urban Construction Transport Commission and the Municipal Housing Resources Authority.
Article 18
When construction units develop a base pit design and construction programme for deep-rooted pit projects, clear land-based resistance measures should be based on the requirements of the land sediment hazard assessment report; and the construction of drainage laws should also determine the quantity and quantity of groundwater pumps.
In the course of the expert evaluation of the base pit design and construction programme of the deep-root project, it should be evaluated at the same time with regard to land-susing measures; no construction shall be carried out without expert evaluation or without evaluation.
Article 19
The construction units of the deep-root project should be constructed in accordance with the design and construction programme of the base pit; the construction of the drainage law should be designed and controlled by the construction programme.
In the construction of the deep-root project, construction units should be delegated to units with corresponding qualifications to monitor land sediment impacts in the area around the base pit, in accordance with the technical standards and technical norms of ground sediment monitoring, and to report on the construction of the project location in a timely manner and to take governance measures.
Article 20
Upon completion of the deep-root project, the construction units should transfer land sediment impact monitoring information to the property management in the project area (zone).
Chapter III
Article 21
The new construction, alteration and expansion of monitoring facilities and the return of wells, with the approval of the Municipal Government, can collect all of the land of the farmers, or use State land in a manner that is allocated.
Article 2 (Education of subjects)
Monitoring facilities are funded by national investments and are established by the Urban Housing Resources Authority.
The backbone has been invested by the State and is established by the Urban Water Authority; the drilling of wells is built by units and personal investments that exploit groundwater.
Article 23.
New construction, alteration and expansion of monitoring facilities and control facilities should be delegated to units with corresponding qualifications to design, construction. After the completion of the work, the following provisions were accepted:
(i) Monitoring facilities are collected by the Urban Premier Resource Authority;
(ii) Recovered wells by the Municipal Water Bureau and informed the City Housing Resources Authority to participate in the collection of information to the City Housing Resources Authority;
(iii) The drilling of wells is organized by construction units and the participation of the Municipal Water Authority, the Urban Housing Resources Authority, and the receipts are presented to the Municipal Water Authority, the Urban Housing Resources Authority.
Article 24
The use units or individuals of drilling wells should assume the obligation to reshift in accordance with the underground water backbone plan issued by the Municipal Water Authority.
The use unit or the individual will transfer the wells to another person, shall enter into a contract with the receiving party to clarify the indictability obligation and file with the Municipal Water Authority.
It should continue to complete the annual recuperation plan issued by the Municipal Water Authority.
Article 25
The water quality of water backed water should be in line with the national standard of living for drinking water.
Article 26
The portion of the cost of inclination is equivalent to the quantity of water, which is assumed by the use unit or by the individual, and the portion of the excess of the amount of water is borne by the municipality.
The cost of recovering wells was borne by the municipal authorities.
Article 27
Monitoring facilities are maintained by the Urban Housing Resources Authority. The backbone is maintained by the Municipal Water Authority and the drilling of wells is maintained by the user unit or by individuals.
The Urban Housing Resources Authority and the Municipal Water Bureau should establish and improve the conservation system of monitoring facilities, facilities and facilities, in accordance with their respective responsibilities, to ensure the normal use of the facility. The Government should assist in the protection of monitoring facilities and facilities.
Article 28
Monitoring facilities and recovering wells are not used for damage and are required to be reported to be carried out by the Urban Premier Resources Authority and the Municipal Water Authority in accordance with their respective responsibilities.
The drilling of wells cannot be used because of the damage is unused, the use of units or individuals should be submitted in advance to the municipal water service and be completed in accordance with the provisions.
Article 29 (Option and relocation)
The construction, alteration and expansion of construction works should avoid affecting monitoring facilities and facilities. It is true that the construction needs to dismantle the monitoring facility or the facilities should be accompanied by the approval of the Urban Premier Resources Authority or the Municipal Water Authority and the full cost of relocation.
Article 31 (Prevention)
The Urban Housing Resources Authority and the Municipal Water Bureau should establish relevant warning signs around monitoring facilities and control facilities.
Any unit or person shall not engage in the following acts:
(i) Removal or damage to monitoring facilities and facilities;
(ii) Reintrusive entry into or occupation of monitoring facilities and facilities;
(iii) Activities that hinder the proper functioning of the facility in the vicinity of the monitoring and control facilities;
(iv) Expropriation, destruction or damage to monitoring facilities and other acts of control facilities.
Chapter IV Legal responsibility
Article 31 (Management and staff responsibilities)
In violation of this approach, the management concerned has one of the following acts, and administrative dispositions for the direct responsible supervisors and other direct responsibilities are granted either by law or by the dismissal of their functions;
(i) Authorize the publication of ground sediment data or relevant information;
(ii) In preparing detailed planning in the area of land sediment vulnerability, no ground-based risk assessment is provided for in the planning area;
(iii) Other malfunctioning practices in land sediment prevention.
Article 32 (Administrative penalties for the City Housing Resources Authority)
The Urban Premier Resources Authority punishes violations of this approach in accordance with the relevant provisions of the Geological Disaster Control Regulations.
Article 33 (Administrative penalties for the Municipal Water Authority)
The following violations were made by the Municipal Water Authority for a period of time to be converted to a fine of up to 10,000 dollars:
(i) Expropriation, destruction or damage to facilities;
(ii) The refusal to assume the obligation to return to groundwater or the failure to complete the authorized return;
(iii) Reaching water wells.
Article 34 (Group price)
In addition to the payment of deep-sea water costs at current water prices, the excess of the planned mining of groundwater should also be paid in accordance with 10 times the current water price.
Article 35 (Administrative review and proceedings)
The parties may apply for administrative review or administrative proceedings in accordance with the provisions of the National People's Republic of China Administrative Review Act or the People's Republic of China Administrative Procedure Act.
The parties may apply to the courts in accordance with the law for the enforcement of specific administrative acts by failing to apply for reconsideration, failure to prosecute and non-performance.
Chapter V
Article XVI (As of implementation)
This approach has been implemented effective 1 October 2006. The Municipal Government's approach to the management of land sediment monitoring facilities in Shanghai City, issued on 21 August 1996, was also repealed.