Xian Municipal People's Government On The Revision Of The Heihe Water Sewers To Protect Administrative Policy Decision

Original Language Title: 西安市人民政府关于修改《西安市黑河引水管渠保护管理办法》的决定

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(June 4, 2004 Xian City Government 51st times Executive Conference considered through August 15, 2004 Xian City Government makes 47th, announced since announced of day up purposes) a, and third article first paragraph modified for: "heihe diversion tube Canal protection range and control range, by following provides implementation: (a) heihe diversion tube Canal protection range for diversion culverts coverage, and diversion channel and subsidiary facilities sides rims respectively to outside extends 5 meters of land regional,
    After a river of heihe diversion pipe for the upper reaches of the outer edge of the diversion channel to extend the scope of protection 1000 meters, and extending 1500 meters of the river downstream areas. (B) the heihe river water diversion sewers for sewers for the control of rim on both sides separately to the scope of protection extends to 20 meters of land area.
    "Second, sixth for:" strict heihe diversion Canal within the scope of protection and control of management, due to construction of roads, laying of pipelines and other infrastructure, the construction unit shall, water views of project management units and water after the Administration agreed to in order to handle the construction of project examination and approval procedures. According to the provisions of the preceding paragraph the facilities construction, the construction unit shall be in accordance with the pipe duct and water safety requirements for the construction, and water administration or supervision of water project management unit. "Third, seventh, fourth amendment:" planting trees, built graves, piling and drilling, drilling, blasting, quarrying, sand-digging, ditching Canal, archaeological excavation, trenching, Earth.
    "Four, delete article 15th.
    In addition, under the provisions of this decision in order to make the appropriate adjustments.
    This decision shall come into force as of the date of.

    The heihe diversion pipe protection regulations be revised according to this decision, republished.
    Attached: Xian City heihe diversion tube Canal protection management approach (2004 amendment this) (January 21, 1999 City Government released according to City Government August 15, 2004 on modified straddling Xian City heihe diversion tube Canal protection management approach of decided Amendment) first article to strengthening heihe diversion tube Canal of protection management, ensure lost water security, guarantees City economic development and public life need, according to Shaanxi Province water engineering management Ordinance provides, combined management actual, developed this approach.
    Second this approach is suitable in the heihe river water diversion pipe protection and control of production, construction and other related activities.
    Heihe diversion pipe in these measures refers to thousands village water plant, Qujiang water plant outside of zhouzhi County of heihe diversion dam water conveyance culvert, structure and other ancillary services (including the shibianyu reservoir, Feng Yu River, tianyuhe river runoff and other water pipe duct and attached facilities, hereinafter the same).
    Third article heihe diversion tube Canal protection range and control range, by following provides implementation: (a) heihe diversion tube Canal protection range for diversion culverts coverage, and diversion channel and subsidiary facilities sides rims respectively to outside extends 5 meters of land regional, after River of heihe diversion tube Canal protection range for diversion channel rims to upstream extends 1000 meters, and to downstream extends 1500 meters of river regional.
    (B) the heihe river water diversion sewers for sewers for the control of rim on both sides separately to the scope of protection extends to 20 meters of land area.
    In heihe water sewers within the scope of protection and control, should establish clear permanent markings.
    Fourth municipal water Administration Department is responsible for the stewardship of the heihe water sewers.
    Heihe diversion of sewer water in shibianyu, Feng Yu, Tian Yu diversion pipe duct and its ancillary facilities, the local management of water Administrative Department and receive municipal water administration departments guidance.
    Heihe diversion along the sewer district and county people's Government and municipal administrative departments such as planning, land and environmental protection, public security, in accordance with their respective responsibilities, in collaboration with good management of water protection and monitoring of sewers.
    Fifth no unit or individual shall have the obligation to protect the heihe river water sewers, and to stop the acts in violation of these measures, impeach and accuse.
    Municipal water administration departments and along the heihe river water sewer district and county governments for the protection of heihe diversion pipe outstanding units and individuals, should be given recognition and rewards.
    Sixth rigid conduit of heihe River drainage protection and control of management, due to construction of roads, laying of pipelines and other infrastructure, the construction unit shall, water views of project management units and water after the Administration agreed to in order to handle the construction of project examination and approval procedures.
    According to the provisions of the preceding paragraph the facilities construction, the construction unit shall be in accordance with the pipe duct and water safety requirements for the construction, and water administration or supervision of water project management unit.
    Seventh article in heihe diversion tube Canal protection range within, ban following endanger tube Canal security and original water water of behavior: (a) built buildings, and structures; (ii) cover, and demolition, and altered or damaged about permanent recognition logo, and exhaust hole, and communications equipment and the other engineering facilities; (three) dumping, and emissions pollutants, and waste and the other toxic harmful material; (four) tree planting, and built graves, and piling, and chisel well, and drilling, and blasting, and quarrying, and dug sand, and ditching repair Canal, and archaeological excavations, and dug pit, and take soil;
    (E) from the heihe river water diversion and damming water in the pipe duct and attached facilities; (vi) endanger the heihe river water sewer water security and other acts in the raw water quality.
    Eighth ban in heihe diversion pipe drainage control construction of permanent buildings and structures, as well as other acts that endanger water safety. Nineth administrative department managers of heihe river water diversion pipe duct and ancillary facilities to conduct regular checks and regular inspections that found that failure to make a timely repairs.
    In the course of repair, relevant units and individuals shall actively cooperate with assistance, shall not be blocked and interference.
    Article tenth acts in violation of these measures by the municipal water administration in accordance with the following provisions: (a) in violation of the sixth paragraph these measures, without the consent of the municipal water administration departments and start construction without authorization, order the employer to stop construction, and a fine of less than 1000 Yuan, caused damage to the actual damages.
    (B) violation of the sixth paragraph these measures, order the contractor to stop construction, between 10000 and 2000 Yuan Yuan fines, damage, compensation for actual losses, and recommendations to the competent authorities for penalties such as reduced or revoked the certificate of qualification.
    (C) violation of the provisions of this article eighth, ordered to desist from the illegal act, damage, according to the actual damages, and to a fine of up to more than 1000 10000 Yuan.
    Violation of the provisions of the preceding paragraph, if the circumstances are serious, constitute a crime, judicial organs shall investigate the criminal liability. 11th violates the seventh one of the provisions of these measures and to order within a time limit or to take other remedial measures, and water engineering in Shaanxi Province, according to the regulations on 26th, 27th and punished as such.
    Heihe diversion pipe duct and its subsidiary, causing damage to the facility, according to the actual damages.
    12th municipal water administration departments make to disobey party fined 20000 Yuan more than administrative punishment decision, the parties to request a hearing, it shall organize the hearing.
    13th block water sewer management personnel performing official business according to law, violations of the regulations, will be punished by public security organs constitutes a crime, the judicial organ shall investigate its criminal responsibility. 14th Party refuses to accept the decision on administrative penalty may apply for administrative reconsideration or initiate litigation to the people's Court according to law.
    Party fails to apply for reconsideration or sue, nor performs the decision on punishment, made the decision to apply to the people's Court for compulsory execution.
                                                                15th these measures come into force on the date of promulgation.