Huizhou City Xizhijiang Water System Water Quality Protection Regulations
(Adopted at the sixth meeting of the 11th Huizhou City People’s Congress on February 29, and passed by the Guangdong Province No. 1 People’s Congress on March 31 Approved at the 25th Meeting of the Standing Committee of the Twelfth People's Congress, announced on April 22, and effective from June 1)
Chapter 1 General Provisions
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Article 1 In order to prevent and control water pollution, protect the water quality of the Xizhijiang River system, promote the construction of ecological civilization, and promote sustainable economic and social development, in accordance with the Environmental Protection Law of the People's Republic of China and the Environmental Protection Law of the People's Republic of China, ** and the National Water Pollution Prevention and Control Law and other laws and regulations, combined with the actual situation of this city, these regulations are formulated.
Article 2 These regulations apply to the water quality protection of surface water bodies and underground water bodies such as main streams, tributaries, lakes, reservoirs, and channels in the Xishui River Basin within the administrative region of this city.
Article 3 People’s governments at all levels in the Xizhi River Basin shall incorporate water environment quality protection into national economic and social development plans, formulate water environment quality protection goals, implement negative list management for industry access, and regulate water environment quality protection in their respective administrative regions. Responsible for water environment quality.
Article 4 The environmental protection departments of the people’s governments at or above the county level in the Xihuang River Basin shall implement unified supervision and management of water environment quality protection within their respective administrative regions.
Development and reform, water affairs, forestry, agriculture, land and resources, urban and rural construction, urban management, public utilities, health, public security, civil affairs, landscaping, fisheries, ports, oceans, etc. have environmental protection supervision and management responsibilities The departments shall carry out water quality protection work within their respective responsibilities.
Article 5 The completion of the Xizhijiang River water quality protection goals, water quality standards and improvements will be included in the assessment of the environmental protection responsibilities of the people's governments at all levels in the river basin and the assessment of the heads of the people's governments and their relevant departments. content.
The people's governments at or above the county level in the Xizhijiang River Basin shall report to the Standing Committee of the People's Congress at the same level every year the status of the water environment and the completion of water environment protection goals.
Article 6: Establish a compensation system for ecological protection in the Xizhi River Basin to promote the coordination of ecological environmental protection with ensuring and improving people's livelihood, and improving basic public services and service capabilities.
Chapter 2 Supervision and Management
Article 7 The people’s governments at or above the county level in the Xizhijiang River Basin shall establish a joint prevention and control coordination mechanism to coordinate the law enforcement and management of water quality protection within their respective administrative regions. activities, supervise the completion of water quality protection goals and perform departmental responsibilities.
Article 8 If the departments responsible for environmental protection supervision and management of the people's governments at or above the county level discover illegal acts that do not fall within the jurisdiction of their own departments, they shall immediately report or transfer them to the departments with jurisdiction. The department with jurisdiction shall handle the matter in accordance with the law and report the handling situation to the department being notified or transfer it to the department within 5 working days after the handling is completed.
If the handling of illegal acts in the preceding paragraph requires the participation or assistance of other departments, other relevant departments shall participate in the handling or provide assistance within the scope of their duties. If there is any objection to the jurisdiction, the people's government at the same level or the *** will work with the people's government at the next higher level to determine the handling department or organize a joint law enforcement action.
Article 9 The water quality of the main stream and main tributaries of the Xizhijiang River at the intersection of rivers across county-level administrative areas should meet the water quality control objectives of the water environment functional zone designated by the province. The environmental protection department of the Municipal People's Government will regularly announce to the public the status of water quality compliance or improvement.
Before the implementation of these Regulations, if the water quality of a section fails to meet the control targets, the Municipal People's Government shall order the relevant county-level people's governments to propose solutions and organize their implementation to achieve the water quality control targets within a time limit.
Article 10 The Municipal People’s Government shall rely on the Municipal Geographic Information Public Service Platform to make unified planning and overall planning for the construction of an ecological environment monitoring and supervision management system in the Xizhijiang River Basin.
Implement monitoring and analysis, and monitor data and analysis results can be shared in real time through the ecological environment monitoring and supervision management system.
Article 11 The Municipal People’s Government shall establish a basic indicator system for health assessment of the Xizhi River water system, regularly conduct health assessments of important water bodies such as the main stream, main tributaries, and large and medium-sized reservoirs of the Xizhi River, and formulate protection, Remediation, restoration, governance objectives and countermeasures.
Article 12 The environmental protection departments of the people’s governments at or above the county level in the Xizhijiang River Basin and other departments responsible for environmental protection supervision and management shall publicize the water environment quality and environmental quality of the Xizhijiang River in accordance with the law through publicity methods. monitoring, environmental emergencies and other information.
The environmental protection department and other departments with environmental protection supervision and management responsibilities may invite citizens, legal persons or other organizations to participate in important law enforcement actions and investigations of major events in the water quality protection of the Xizhijiang River system to strengthen social supervision.
Article 13 If citizens, legal persons or other organizations discover that any unit or individual has polluted the water quality of the Xizhijiang River or other acts that damage the ecological environment, they have the right to report it to the environmental protection department and other agencies with supervisory and management responsibilities. Report by the environmental protection department; if it is found that the environmental protection department and other environmental protection departments with supervision and management responsibilities and their staff do not perform their duties in accordance with the law, they have the right to report to their superior authorities or supervisory authorities.
The department that accepts the report shall verify and handle the reported matters in accordance with the law, and respond to the reporter within 5 working days after the processing is completed. Relevant departments should keep the whistleblower's information confidential. If the reported matter is verified to be true, the whistleblower shall be rewarded.
Article 14 Agencies and relevant organizations that comply with the provisions of this Law may directly file environmental lawsuits with the People's Court in accordance with the law against acts that pollute the water quality of the Xizhijiang River, damage the ecological environment, etc., and harm the interests of the public. Civil public interest litigation.
Departments and other agencies, social groups, enterprises and institutions responsible for environmental protection supervision and management support relevant organizations in filing lawsuits in accordance with the law by providing legal advice, legal assistance, submitting written opinions, assisting in investigation and evidence collection, etc. Environmental civil public interest litigation.
Chapter 3 Ecological Protection and Pollution Prevention
Article 15 People's governments at all levels in the Xizhijiang River Basin shall designate dedicated personnel to be responsible for comprehensive management of forest land, strengthen afforestation and forest tending management, Enhance water conservation and soil and water conservation capabilities.
Encourage the planting of native broad-leaved tree species that have water conservation and soil and water conservation functions, long lifespan, strong resistance, and fast growth. It is prohibited to plant pure forests of exotic fast-growing timber species that are not conducive to water conservation, soil and water conservation, and water quality protection. . The existing pure forests of exotic fast-growing timber species such as eucalyptus will be planned by the Municipal People's Government to gradually implement forest transformation and restore them to regional evergreen broad-leaved forests.
Article 16 People's governments at all levels in the Xizhijiang River Basin shall expand the area of ??ecological public welfare forests and improve the quality of ecological public welfare forests by expropriating forest land, leasing forest land, raising ecological compensation standards, etc. The forest land within the management scope and protection scope of large and medium-sized reservoirs should be included in the management of ecological public welfare forests.
Article 17 The Municipal People's Government shall coordinate the establishment of special funds for ecological protection compensation in the Xizhao River Basin. Since it assumes the responsibility for ecological protection for the economic and social development of the upstream area, the compensation of relevant units and individuals is restricted. The methods for the collection, management and use of special funds for ecological protection compensation shall be formulated by the Municipal People's Government.
The Municipal People's Government may initiate the establishment of a social fund for ecological protection in the Xizhijiang River Basin. Encourage citizens, legal persons and other organizations to establish a social fund for ecological protection in the Xizhi River Basin or donate money or materials to the social fund for ecological protection in the Xizhi River Basin, which will be used exclusively for ecological protection in the Xizhi River Basin.
Article 18 It is prohibited to build new golf courses, expand coal, ash, landfills, waste recycling (processing) sites, Waste recycling (processing) warehouses and construction projects that seriously pollute water bodies such as the accumulation of toxic and harmful substances; reconstruction and construction projects must not increase the amount of sewage discharge.
Article 19 It is prohibited to use highly toxic and high-residue pesticides in the Xizhijiang River Basin. People's governments at all levels and their agriculture and other relevant departments and institutions should guide agricultural producers to scientifically use chemical fertilizers, pesticides, agricultural films and feed additives, and carry out green prevention and control and unified prevention and control of crop diseases and pests.
Article 20 The people's governments at or above the county level in the Xizhijiang River Basin shall delineate prohibited and restricted areas for livestock and poultry breeding and announce them to the public. Livestock and poultry breeding is not allowed in prohibited areas.
No new or expanded breeding farms (areas) are allowed within the restricted area, and the reconstruction of breeding farms (areas) must not increase pollutant emissions.
Livestock and poultry farms (areas) should build supporting pollution prevention and control facilities based on their breeding scale and pollution prevention and control needs, and ensure their normal operation. Encourage the development of ecological breeding that conforms to livestock and poultry breeding plans.
Article 21 Enterprises, institutions and other production and operating units in the Xizhijiang River Basin shall maintain the normal operation of sewage treatment facilities and are prohibited from discharging pollutants through unapproved sewage outlets or from pollutant treatment facilities. Intermediate processes discharge pollutants.
Encourage enterprises and other production operators to voluntarily carry out cleaner production audits. Where compulsory cleaner production audits are implemented in accordance with relevant regulations and in accordance with the law, the audit results shall be reported to the environmental protection department of the people's government at or above the county level and announced in the city's major media.
Article 22 The people’s governments at or above the county level in the Xizhijiang River Basin shall coordinate the construction of urban sewage treatment facilities and supporting pipe networks, increase the sewage collection rate and treatment rate, and strengthen the maintenance and operation of centralized sewage treatment facilities. supervision and management.
Units that maintain and operate centralized urban sewage treatment facilities shall test the quality of effluent water in accordance with relevant national and provincial regulations and be responsible for the quality of effluent water. They shall not shut down sewage treatment facilities without authorization.
Article 23 It is prohibited to discharge or dump garbage into the water bodies of the Xizhijiang River system, or to pile, store, or landfill industries in the river management scope and on the beaches and bank slopes below the highest water level of lakes and reservoirs. Wastes such as waste residue and municipal solid waste.
It is prohibited to build or expand garbage dumps and treatment sites within 500 meters of the highest water level of the main stream of the Xizhijiang River, its main tributaries, and large and medium-sized reservoirs. Existing garbage dumps and treatment sites should take effective pollution prevention and control measures. If they endanger the safety of water quality, the people's governments at or above the county level will order them to be relocated within a time limit.
Article 24 Encourage and support enterprises, institutions and other producers and operators in the Xizhao River Basin to entrust units with governance capabilities to operate their pollution prevention and control facilities or implement pollution control.
The entrusted unit shall operate pollution prevention and control facilities or implement pollution control in accordance with the requirements of relevant laws, regulations and technical specifications.
Chapter 4 Legal Responsibilities
Article 25 If the people’s governments at all levels in the Xizhijiang River Basin and their departments responsible for environmental protection supervision and management have any of the following circumstances, The person in charge and other directly responsible persons who are directly responsible shall be punished in accordance with the law; if a crime is constituted, criminal responsibility shall be pursued in accordance with the law:
(1) Failure to investigate and punish environmental violations discovered or cover up environmental violations;
(2) Failure to pass the assessment of environmental protection work;
(3) Failure to implement joint prevention and control of water quality protection and joint law enforcement responsibilities of departments;
( 4) Tampering, forging or instigating tampering or forging monitoring data;
(5) Failure to disclose environmental information that should be disclosed in accordance with the law;
(6) Withholding, occupying or misappropriating ecological information Protecting special funds for compensation;
(7) Failure to perform supervision and management duties in accordance with the law, resulting in water pollution incidents;
(8) Other illegal acts stipulated in laws and regulations .
Article 26 Anyone who violates the provisions of Paragraph 2 of Article 15 of these Regulations by planting pure forests of exotic fast-growing timber species shall be ordered by the forestry administrative department of the people's government at or above the county level to make corrections within a time limit, and the unit shall be fined 1 A fine of not less than RMB 10,000 but not more than RMB 50,000 is imposed on individuals. A fine of not less than RMB 1,000 but not more than RMB 5,000 is imposed on individuals.
Article 27 Anyone who violates the provisions of Article 18 of these Regulations shall be ordered by the environmental protection department of the people's government at or above the county level to stop the illegal act, and be fined not less than RMB 200,000 but not more than RMB 500,000, and reported to With the approval of the people's government with the authority to approve, it shall be ordered to be demolished or closed.
Article 28 Anyone who violates the provisions of Article 19 of these Regulations by using highly toxic or high-residue pesticides shall be given a warning by the agricultural administrative department of the people's government at or above the county level, and shall be punished according to the harmful consequences caused. A fine of less than 30,000 yuan is imposed.
Article 29 Anyone who violates the provisions of Article 20 of these Regulations and commits any of the following acts shall be punished by the environmental protection department of the people's government at or above the county level in accordance with the following provisions:
(1) Anyone who builds a livestock and poultry farm (area) in a prohibited construction area shall be ordered to stop the illegal behavior; if he refuses to stop the illegal behavior, he shall be fined not less than 50,000 yuan but not more than 100,000 yuan, and reported to the people's government at or above the county level. Ordered to be demolished or closed.
(2) Anyone who builds, expands or renovates a breeding farm (area) within a restricted area, resulting in an increase in pollutant emissions, shall be ordered to make corrections within a time limit; those who refuse to make corrections shall be fined more than 30,000 yuan A fine of not more than RMB 50,000 shall be imposed and the property shall be reported to the people's government at or above the county level for ordering demolition or closure.
(3) Livestock and poultry farms (areas) that do not have pollution prevention and control facilities or pollution prevention and control facilities are not operating normally will be ordered to stop production or use and fined not less than RMB 50,000 but not more than RMB 100,000.
Article 30 Anyone who violates the provisions of Article 21 of these Regulations and commits any of the following acts shall be punished by the environmental protection department of the people's government at or above the county level in accordance with the following provisions:
(1) Anyone who does not operate sewage treatment facilities normally shall be ordered to make corrections within a time limit and be fined not less than two times but not more than three times the amount of sewage discharge fees payable.
(2) Anyone who discharges pollutants through unapproved sewage outlets or discharges pollutants from the intermediate process of pollutant treatment facilities shall be ordered to make corrections within a time limit and shall be fined not less than RMB 70,000 but not more than RMB 100,000. fine; if the circumstances are serious, the company shall be ordered to suspend business or close down upon approval by the people's government with the power to approve.
(3) Anyone who fails to report the compulsory cleaner production audit or fails to truthfully report the audit results will be ordered to make corrections within a time limit; if he refuses to make corrections, he will be fined not less than RMB 100,000 but not more than RMB 500,000.
Article 31 If the maintenance and operation unit of urban sewage centralized treatment facilities fails to test the quality of incoming and outgoing water in accordance with relevant regulations in violation of the second paragraph of Article 22 of these Regulations, the Environmental Protection Agency of the People's Government at or above the county level shall The competent protection department shall order corrections and impose a fine of not less than 10,000 yuan but not more than 50,000 yuan. Anyone who maintains and operates centralized urban sewage treatment facilities without authorization shall be ordered by the urban drainage and sewage treatment department of the people's government at or above the county level to make corrections within a time limit and give a warning; if corrections are made within the time limit or serious consequences are caused, a fine of not less than 200,000 yuan but not more than 500,000 yuan will be imposed.
Article 32 Anyone who violates the first paragraph of Article 23 of these Regulations shall be ordered by the environmental protection department of the people's government at or above the county level to make corrections within a time limit and be fined not less than RMB 30,000 but not more than RMB 200,000.
Anyone who violates the provisions of Paragraph 2 of Article 23 of these Regulations by building or expanding a garbage dump or treatment site shall be ordered by the environmental protection department of the people's government at or above the county level to make corrections within a time limit and fined more than 50,000 yuan. A fine of less than 100,000 yuan.
Article 33 If the entrusted unit violates the second paragraph of Article 24 of these Regulations and fails to operate pollution prevention and control facilities or implement pollution control in accordance with the requirements of relevant laws, regulations and technical specifications, it shall be punished by The environmental protection department of the people's government at or above the county level shall order corrections within a time limit and impose a fine of not less than 50,000 yuan but not more than 100,000 yuan; if the entrusted unit commits fraud and is responsible for causing environmental pollution and ecological damage, it shall also be held responsible with other responsible persons. Joint and several liability.
Chapter 5 Supplementary Provisions
The Xizhijiang River Basin mentioned in Article 34 of these Regulations refers to the Xizhijiang River from the source of the Xizhijiang River to the Dongjiang Estuary of the Dongxin Bridge And all its tributaries are in the rainfall catchment area of ??Huizhou City.
Article 35 of this Regulation shall come into effect on June 1.