The "Regulations on the Prevention and Control of Water Pollution in Henan Province" have been deliberated and approved by the Tenth Meeting of the Standing Committee of the Thirteenth People's Congress of Henan Province on May 31, 2019, and are hereby promulgated for implementation on October 1, 2019.
Standing Committee of Henan Provincial People's Congress
June 5, 2019
Chapter I General Provisions
Article 1 In order to protect and improve the environment, prevent and control water pollution, protect water ecology, guarantee the safety of drinking water, maintain public health, promote the construction of ecological civilization, and promote green and sustainable development of the economy and society. Relevant laws and administrative regulations stipulate these regulations in accordance with the actual conditions of the province.
Article 2 These regulations apply to the prevention and control of pollution of surface water bodies and groundwater bodies such as rivers, lakes, reservoirs, canals, channels, wetlands, pits, flood storage and detention areas in the administrative region of the province.
Article 3 The prevention and control of water pollution should adhere to the principles of overall planning, prevention-oriented, combination of prevention and control, source control, comprehensive management, public participation, and responsibility for damage, prioritize protection of drinking water sources, strictly control industrial pollution, urban living pollution, and prevent agriculture Rural pollution, and actively promote the construction of ecological governance projects to prevent, control and reduce water environmental pollution and ecological damage.
Article 4 People's governments at all levels are responsible for the quality of the water environment in their respective administrative regions.
People's governments at or above the county level should strengthen leadership in the prevention and control of water pollution, incorporate water environmental protection into national economic and social development planning, formulate water environmental protection goals and annual implementation plans, optimize industrial structure and layout, and coordinate urban and rural water pollution control. Gradually reduce the discharge of water pollutants and ensure that the water environment quality in this administrative region meets the standards set by the state and the province.
The township (town) people's government and sub-district offices shall organize water pollution prevention work in accordance with the laws and regulations and the requirements of the people's government at a higher level.
Article 5 The competent departments of ecological environment of the people's governments of provinces and municipalities under the Central Government shall exercise unified supervision and management of water pollution prevention and control in their respective administrative areas. Relevant departments such as development and reform, industry and informatization, water conservancy, natural resources, health, housing, urban and rural construction, transportation, agriculture, rural areas, culture, and tourism, within the scope of their respective responsibilities, supervise the prevention and control of water pollution. management.
Article 6 Implement the system of river (lake) length, establish and improve the system of river (lake) length of provinces, cities, counties, and townships, organize and lead by level (section) (district) the protection of water resources and waterfronts of rivers and lakes within the administrative area Management, water pollution prevention, water environment treatment, and water ecological restoration.
The heads of rivers (lakes) above the county level are responsible for organizing supervision and assessment of the heads of rivers (lakes) below the corresponding rivers (lakes).
The villagers' committee shall, in accordance with the requirements of the people's government at a higher level, do a good job of preventing and controlling water pollution and protect and improve the village water environment.
Article 7 The responsibility system for water environment protection and the system of assessment and evaluation shall be implemented.
The Provincial People's Government has formulated assessment measures for rewards and penalties, and carried out assessments on the completion of water environment quality targets and water pollution prevention and control key tasks in each province. The results of the assessment shall be disclosed to the public and shall be used as the content of the assessment of the relevant departments of the provincial people's government and the people's governments of the municipalities under the jurisdiction of the province and their responsible persons.
The people's governments of provinces and municipalities shall, in accordance with the provisions of the preceding paragraph, establish a corresponding assessment and evaluation mechanism, and carry out assessments on the completion of the water environment quality goals and water pollution prevention and control tasks of the county (city, district) people's governments.
Article 8 People's governments at all levels shall increase financial investment in the prevention and control of water pollution, ensure the construction and normal use of water pollution prevention infrastructure, and meet the needs of water pollution prevention and control in their own administrative regions. Strengthen the supervision and management of funds for water pollution prevention and control, and improve the efficiency of fund use.
Encourage and guide social capital to participate in water pollution prevention and control, guide financial institutions to increase support for water pollution prevention and control projects, promote third-party governance of water pollution, and improve the level of professionalism and effectiveness of governance.
Article 9 The people's governments at or above the county level and their relevant competent departments shall strengthen publicity and education to enhance the awareness of water environmental protection in the whole society; news media such as radio, television, newspapers, and the Internet shall increase publicity for water pollution prevention and control, and conduct public opinion supervision. Enhance the relevance and effectiveness of publicity.
The township (town) people's government and sub-district offices shall, under the guidance of the county (city, district) people's government and relevant functional departments, carry out water pollution prevention publicity and education work.
The people's governments at or above the county level and their relevant authorities should guide and encourage the development of a circular economy, promote production methods conducive to the prevention and control of water pollution, support the scientific research of water pollution prevention, and the promotion and application of advanced and applicable technologies, Units and individuals who have made outstanding achievements in the award will be commended and rewarded.
Article 10 Citizens should increase their awareness of water conservation and prevention of water pollution, adopt a lifestyle that is conducive to reducing water pollution, and consciously fulfill their obligations to protect the water environment.
Chapter II Supervision and Management of Water Pollution Prevention and Control
Article 11 The provincial competent department of eco-environment shall, in conjunction with the provincial water conservancy and other relevant departments, compile the "Water Function Zoning of Henan Province" in accordance with the requirements of main functional zoning, ecological environmental protection planning, integrated river basin planning, water resources protection planning, and economic and social development requirements. Implemented after approval by the Provincial People's Government.
Article 12 The people's governments at or above the county level shall organize the formulation and implementation of water pollution prevention plans in their respective administrative areas in accordance with the relevant river basin planning of the state and the water function zoning approved by the provincial people's government.
A regional water pollution prevention plan should include the following:
(1) requirements for environmental functions of water bodies;
(2) water quality goals and timeliness achieved in stages; (3) key areas and sources of major pollution prevention and control;
(4) specific implementation measures for the prevention and control of water pollution; (5) plans for the construction of drainage and sewage treatment facilities in population agglomerations and industrial agglomerations.
Article 13 The people's governments of provinces, cities, counties (cities, districts) that have met the national and provincial water environment quality standards shall formulate measures for the continuous improvement of water environment quality in accordance with national and provincial requirements.
The people's governments of provinces, cities, counties (cities, districts) that fail to meet the national and provincial water environmental quality standards shall formulate water environmental quality deadlines and water pollution prevention and control plans in accordance with national and provincial water pollution prevention and control objectives and regional water environmental quality conditions Annual implementation plan, take measures to meet standards on schedule.
The plan for meeting the deadline for water environment quality and the annual implementation plan for water pollution prevention and control, and its implementation effects, shall be made public in a timely manner.
Article 14 A total amount control system shall be implemented for the discharge of key water pollutants.
The people's governments at or above the county level shall reasonably decompose and implement the control indicators for the total discharge of key water pollutants based on factors such as ecological protection goals, water environmental capacity, and water environmental quality.
Article 15 The discharge of water pollutants shall not exceed the national or provincial water pollutant discharge standards and the total control indicators for the discharge of key water pollutants.
Article 16 Enterprises and institutions and other manufacturers and operators that discharge industrial waste water and medical waste water directly or indirectly into water bodies and other waste water and waste water that can be discharged in accordance with regulations and obtain a discharge license shall obtain a discharge license; The operating unit of the treatment facility shall also obtain a sewage discharge permit.
It is forbidden for enterprises, institutions and other production and operation operators to discharge waste water and sewage specified in the preceding paragraph to water bodies without a sewage discharge permit or in violation of the provisions of the sewage discharge permit.
Article 17 Enterprises, institutions and other production and business operators that discharge pollutants into water bodies shall set up sewage outlets in accordance with law.
Enterprises, institutions and other production operators that discharge toxic and harmful water pollutants listed in the national publication list shall monitor the sewage outlets and the surrounding environment, assess environmental risks, investigate potential environmental safety hazards, and promptly disclose information on toxic and harmful water pollutants. Take effective measures to prevent environmental risks.
Article 18 New construction, reconstruction, and expansion of construction projects and other aquatic facilities that directly or indirectly discharge pollutants to water bodies shall be subject to environmental impact assessment in accordance with law.
Water pollution prevention and control facilities for construction projects shall be designed, constructed and put into use simultaneously with the main project. Water pollution prevention and control facilities shall meet the requirements of environmental impact assessment documents approved or filed.
Water pollution prevention and control facilities shall operate normally and shall not be suspended, left idle or demolished without authorization. If it fails to operate normally, it shall take effective measures in a timely manner and report to the competent ecological environment department of the local people's government.
Article 19 If a construction project has any of the following circumstances, the competent department of ecological environment shall make a decision of disapproval on the environmental impact report and environmental impact report form:
(1) The type of construction project, its location, layout, scale, etc. do not comply with environmental protection laws and regulations and related plans;
(2) The water environment quality in the area does not meet the national or provincial environmental quality standards, and the measures proposed for the construction project cannot meet the regional water environment quality improvement target management requirements;
(3) The pollution prevention and control measures adopted in the construction project cannot ensure that the pollutant discharge reaches the national and provincial discharge standards, or fail to take necessary measures to prevent and control ecological damage;
(4) Reconstruction, expansion and technological transformation projects, without effective prevention measures for the original water environment pollution and ecological damage of the project;
(V) The basic data of the environmental impact report and environmental impact report form of the construction project are obviously untrue, there are major defects or omissions in the content, or the environmental impact assessment conclusion is unclear and unreasonable.
Article 20 Any unit or individual is prohibited from engaging in the following activities that may cause pollution to water bodies:
(1) New production projects that do not comply with national industrial policies and other heavily polluted water environments;
(2) the use of processes and equipment that pollute the water environment eliminated by national and provincial explicit orders;
(3) cleaning vehicles and containers containing oil or toxic pollutants in water bodies;
(4) Discharging oil, acid, alkali, or highly toxic waste liquid into water bodies;
(5) Discharging, dumping or directly burying soluble waste residues containing highly toxic substances such as mercury, cadmium, arsenic, chromium, lead, cyanide, and yellow phosphorus into water bodies;
(6) Discharging and dumping industrial waste residues, garbage and other wastes into water bodies;
(7) Discharging or dumping radioactive solid waste or waste water containing radioactive substances into water bodies;
(8) Discharging or dumping into the water body pathogen-containing sewage that has not been disinfected and does not meet the discharge standards;
(9) Discharging untreated production and domestic sewage and dumping garbage into the urban rainwater pipe network;
(10) Use of ditches, pits, subsidence areas, tailings dams, abandoned mines, etc. without anti-leakage measures or anti-leakage measures that do not meet environmental protection requirements to transport, store, or discharge wastewater containing toxic pollutants or pathogens Other waste
(11) Discharging water pollutants by evading supervision by using seepage wells, pits, cracks, karst caves, illegally setting sewage outlets, privately installed concealed pipes, tampering with or falsifying monitoring data, and abnormally operating water pollution prevention facilities;
(12) Other activities prohibited by laws and regulations. Article 21 The implementation of an ecological compensation system for water environment quality shall be implemented in accordance with the relevant regulations of the Provincial People's Government.
To develop, utilize, regulate, and dispatch water resources, we must make overall plans to maintain a reasonable flow of rivers and reasonable water levels of lakes, reservoirs, and groundwater bodies, ensure basic ecological water use, maintain the ecological function of water bodies, and give priority to the ecological basic flow of key rivers.
Article 22 The water environmental protection supervision system shall be implemented. The Provincial People's Government shall, in accordance with relevant regulations, inspect the relevant departments of the Provincial People's Government and the people's governments of the municipalities under the jurisdiction of the province in performing their water environmental protection responsibilities. The inspection results serve as an important basis for the evaluation and evaluation of the relevant departments of the Provincial People's Government, the people's governments of the provinces and municipalities, and their leaders to implement the responsibility system for the prevention and control of water pollution targets.
If damage to the ecological environment is caused, liability for ecological environment damage shall be investigated in accordance with relevant regulations; the effectiveness of water resources management and water pollution prevention and control shall be audited and supervised in accordance with law.
Article 23 For areas where the improvement target of water environment quality is not fulfilled or the total amount of key water pollutant discharge control targets is exceeded, the competent department of ecological environment of the Provincial People's Government shall discuss with the relevant departments the principal person in charge of the people ’s government in the area, and Suspend the examination and approval of environmental impact assessment documents for construction projects with newly added total discharges of key water pollutants.
The interview can invite the media and relevant public representatives to attend the meeting, and the interview should be made public.
Article 24 The competent department of ecological environment and other departments with the responsibility for supervision and management of water environment protection shall strengthen the daily monitoring of surface water and groundwater, and shall have the right to discharge water pollutants within the jurisdiction of enterprises and institutions When other production and business operators conduct on-site inspections, the inspected unit shall truthfully report the situation and provide necessary information.
In the case of enterprises and institutions that discharge water pollutants and other producers and operators cause serious water pollution, the competent department of ecological environment or other departments with the responsibility for supervision and management of water environmental protection may take measures to seal and seize relevant facilities, equipment and articles according to law .
Article 25 The competent department of ecological environment shall record the information of polluted water environment violations of enterprises, institutions and other producers and operators in social integrity files, incorporate them into social credit information platforms, and implement joint disciplinary measures against dishonesty.
Article 26 The competent department of ecological environment and other departments with the responsibility for supervision and management of water environmental protection shall publish the telephone number and website address for reporting, and establish and improve the mechanism for reporting and processing water pollution.
Citizens, legal persons and other organizations have the right to stop and report illegal acts that pollute the water environment. After receiving the report, the competent department of ecological environment and other departments with responsibility for supervision and management of water environment protection shall register, verify and deal with it in accordance with regulations. For real-name reports, relevant departments should feedback the results of processing.
The department receiving the report shall keep the reporter confidential, and if the content of the report is verified, the reporter shall be rewarded in accordance with relevant regulations.
Article 27 For acts that pollute the water environment and harm social public interests, organs and relevant organizations that meet the requirements of the law may file public interest lawsuits with the people's courts.
Encourage and support water pollution public interest litigation. People's governments at all levels and relevant departments shall provide convenience for the filers of water pollution public interest lawsuits to consult and copy relevant materials.
Chapter III Water Pollution Control Measures
Section 1 Prevention and Control of Industrial Water Pollution
Article 28 The people's governments at or above the county level shall rationally plan the industrial layout, promote the green transformation and development of enterprises, require enterprises that cause water pollution to carry out technological transformation, promote clean production, adopt comprehensive prevention and control measures, increase the reuse rate of water, and reduce wastewater. And pollutant emissions.
Article 29 Enterprises that discharge industrial waste water shall take effective measures to collect and treat all the waste water generated to prevent environmental pollution. Industrial wastewater containing toxic and harmful water pollutants shall be collected and treated separately, and shall not be diluted for discharge.
If industrial waste water is discharged to a centralized sewage treatment facility, it shall be pretreated in accordance with relevant state regulations and discharged only after meeting the requirements of the treatment process of the centralized treatment facility.
Article 30 New industrial projects that discharge key water pollutants shall enter industrial agglomeration areas such as industrial agglomeration areas, economic and technological development zones, industrial parks, and professional parks. Encourage and guide existing industrial projects to settle in industrial clusters.
The industrial agglomeration area shall make overall planning and construction of sewage collection pipe network and centralized sewage treatment facilities, install automatic monitoring facilities, network with the pollution source automatic monitoring system of the competent ecological environment department, and ensure the normal operation of monitoring equipment.
Section 2 Urban Water Pollution Control
Article 31 The people's governments at or above the county level shall organize relevant departments to prepare plans for the construction of urban sewage treatment facilities in their respective administrative areas.
The competent department of housing and urban-rural construction of the people's government at or above the county level or the competent urban management department shall organize the construction of urban sewage treatment facilities and supporting urban drainage pipe networks in accordance with the urban drainage and sewage treatment plan; The scale, layout, construction timing and safeguard measures of urban sewage centralized treatment facilities such as sewage pipe networks, pumping stations, sewage treatment plants, etc. shall be completed as required; if the supporting pipe network of urban sewage treatment facilities is damaged, it shall be timely repaired or rebuilt.
The development and construction of new urban areas should prioritize the construction of drainage and sewage treatment facilities in accordance with the principle of planning before construction; the reconstruction of old cities should coordinate the planning and construction of urban sewage treatment facilities such as sewage pipe networks.
If rainwater diversion has not yet been achieved, the people's governments at or above the county level shall formulate regional rainwater diversion and reconstruction plans, accelerate the implementation of rainwater diversion and reconstruction, or adopt measures such as interception, storage, and treatment.
Article 32 Urban sewage shall be treated centrally.
The effluent quality of urban sewage centralized treatment facilities must meet the prescribed discharge standards. Encourage the upgrading and reconstruction of existing sewage treatment plants to discharge after reaching surface water category V or higher.
Where urban sewage centralized treatment facilities exceed the national and provincial water pollution discharge standards to discharge sewage, the unit responsible for the operation and management of urban sewage centralized treatment facilities shall be deducted from the sewage treatment expenses in excess of the standard.
If the discharge of water pollutants to the urban sewage centralized treatment facilities exceeds the standard and causes the sewage centralized treatment facilities to fail to operate normally or cause losses, the enterprises, institutions and other production and operation operators that discharge pollutants shall be liable for compensation according to law.
Article 33 Where urban sewage centralized treatment facilities are suspended or partially suspended due to maintenance, effective emergency measures shall be taken, and the urban drainage department and the ecological environment department of the people's government at or above the county level shall be reported in advance, and shall be submitted within the prescribed time limit. Within normal operation.
Article 34 The people's governments at or above the county level shall determine the scale and layout of reclaimed water production facilities and supporting pipeline networks according to local conditions. Encourage the construction of recycled water reuse facilities and use of recycled water; encourage the tail water of sewage treatment plants to be used as industrial water, ecological water and landscape water after deep treatment.
Article 35 The people's government at or above the county level shall incorporate the sludge disposal plan into the drainage and reclaimed water plan of the people's government at the same level, raise funds through government investment or other means, and make overall arrangements for the construction of sludge treatment and disposal facilities.
Article 36 The operating unit or sludge treatment and disposal unit of the urban sewage centralized treatment facility shall treat and dispose of the sludge in accordance with the principles of source reduction and whole-process control. The sludge produced by the sewage treatment facility shall be stabilized, harmless and resource-friendly. Chemical treatment and disposal.
The operating unit of the urban sewage centralized treatment facility or the sludge treatment and disposal unit shall be responsible for pollution prevention and control during the entire process of sludge storage, transportation, treatment and disposal, ensure that the treated sludge meets national standards, and treat the treated sludge. The fate, use, and amount of mud shall be tracked and a ledger shall be established, which shall not cause secondary pollution.
Article 37 Waste liquids produced by laboratories, inspection rooms, and laboratories of enterprises and institutions shall be collected separately in accordance with the relevant regulations on hazardous waste, and disposed of safely. It is prohibited to directly discharge into the urban sewage collection pipe network or directly into the external environment. .
The competent department of ecological environment shall strengthen the supervision and management of waste liquid treatment in laboratories, inspection rooms and laboratories in accordance with relevant regulations.
Medical wastewater shall be treated in accordance with the relevant laws and regulations.
Section 3 Prevention and Control of Agricultural and Rural Water Pollution
Article 38 The people's governments at or above the county level shall optimize the rural industrial structure and industrial development layout and promote the development of ecological agriculture in accordance with the requirements for improvement of water environment quality and prevention and control of water pollution.
Article 39 The people's governments at or above the county level shall delineate the restricted and restricted areas for livestock and poultry breeding in accordance with law and make them public.
When engaged in livestock and poultry breeding operations, timely collection, storage, and removal of livestock and poultry manure and sewage are prohibited, and it is prohibited to directly discharge untreated livestock and poultry manure and sewage into the environment.
Breeding farms and breeding quarters shall complete the construction of facilities for the storage, treatment, and utilization of livestock and poultry manure and sewage, and promote the resource utilization of livestock and poultry manure and sewage. Livestock and poultry farms and breeding areas shall discharge water pollutants in accordance with the prescribed discharge standards. Support livestock and poultry farms and breeding communities to construct facilities for comprehensive utilization or harmless treatment of animal manure and sewage.
The people's governments at the county and township levels where the densely farmed areas for livestock and poultry are located shall organize the collection, centralized treatment and utilization of livestock manure and sewage.
Article 40 The relevant departments of the people's government at or above the county level shall rationally plan, develop and utilize aquatic resources in accordance with the principle of not reducing the quality of the water environment, promote standardized aquaculture technology, and scientifically determine the scope, scale, species, density and method of aquaculture in the river basin. Prevent and reduce the pollution of aquaculture to the water environment.
Units and individuals engaged in aquaculture should use bait and drugs reasonably to prevent pollution of the water environment and ecological damage.
If the drainage of aquaculture is directly discharged into the water body, it shall meet the water environment quality standards of the water function area of the receiving water body.
Article 41 The competent agricultural and rural departments and other relevant departments of the people's governments at or above the county level shall take measures to promote the comprehensive control of plant diseases and insect pests, formula fertilization techniques for soil testing, and high-efficiency, low-toxicity, and low-residue pesticides; Pesticide supervision and management, control of excessive use of chemical fertilizers and pesticides, reducing agricultural non-point source pollution and preventing water pollution.
Article 42 The water used for farmland irrigation shall meet the corresponding water quality standards to prevent pollution of soil, groundwater and agricultural products.
It is prohibited to discharge industrial waste water or medical waste water to farmland irrigation channels. Discharge of urban sewage, unused wastewater from livestock and poultry breeding, and agricultural product processing wastewater into farmland irrigation channels shall ensure that the water quality of the nearest irrigation water intake downstream meets the farmland irrigation water quality standards.
Article 43 People's governments at all levels shall make overall plans for the construction of rural sewage and garbage treatment facilities and guarantee their normal operation in accordance with different rural location conditions, the degree of village population aggregation, and the scale of sewage generation. To treat sewage and domestic garbage that are not included in the urban sewage pipe network and villages, ecological, low energy consumption and resource-based sewage treatment technologies are preferentially used.
It is forbidden to illegally discharge domestic sewage, industrial waste water, livestock and poultry, aquaculture wastewater, etc. into pits and rivers, to dump domestic garbage, solid waste, and toxic and hazardous substances; it is forbidden to illegally bury pits and rivers; Urban sewage or other pollutants enter agricultural and rural areas.
Section 4 Prevention and Control of Water Pollution in Transportation Industry
Article 44 The people's governments at the city and county levels where ports, wharves, loading and unloading stations and ship repair and manufacturing plants are located shall establish a system for receiving, transferring, and disposing of waterborne pollutants and wastes on ships, and supervise all links; coordinate planning and construction Collection, reception, transfer and disposal facilities for ship pollutants and waste.
Article 45 The discharge of pollutants such as oily sewage and domestic sewage by ships shall meet the discharge standards for pollutants from ships.
Residual oil and waste oil from ships shall be recovered, and discharge into water bodies is prohibited.
It is forbidden to dump ship garbage into water bodies.
It is forbidden to use the flushing method for ship dismantling.
Article 46 Ships engaged in activities such as water tourism and fishery production shall take measures to prevent pollution of water bodies.
Ships sailing or berthing in the waters of the drinking water source protection zone shall use clean energy.
Article 47 A ship shall be equipped with corresponding antifouling equipment and equipment in accordance with relevant state regulations.
Ports, docks, loading and unloading stations, and ship repair and manufacturing plants shall be equipped with adequate facilities for receiving ship pollutants and waste. Units engaged in the reception of ship pollutants and wastes or in the cleaning of cabins carrying oil or pollution-hazardous cargo shall have reception and processing capabilities appropriate to the scale of their operations.
Article 48 Where relatively closed areas such as expressway service areas and airports are not connected to urban sewage pipeline networks, corresponding sewage treatment facilities shall be constructed, and normal operation of sewage facilities shall be ensured to ensure that sewage is discharged up to standards.
Chapter IV Protection of Drinking Water Sources, Groundwater and Other Special Water Bodies
Article 49 The people's governments of provinces, cities and counties (cities) shall strengthen the protection of drinking water sources in accordance with the law, propose a delineation plan for drinking water sources protection areas within their administrative area, and report to the provincial people ’s government for approval in accordance with prescribed procedures to organize Implementation.
The protection of drinking water sources is divided into primary protection zones and secondary protection zones; if necessary, certain areas can be designated as quasi-protection zones around the drinking water source protection zones.
Except for changes in the function of drinking water sources, the inability of water quality to meet drinking water requirements, and the threat to the safety of drinking water sources, adjustments are indeed needed. Once the drinking water source protection area is designated, it must not be adjusted. Adjustment of drinking water source protection zones shall be reported to the provincial people's government for approval.
Article 50 After approval of a drinking water source protection area, it shall be announced to the public.
Relevant local people's governments should set clear geographic landmarks and obvious warning signs at the borders of drinking water protection areas. No unit or individual may damage, alter or move geographic landmarks and warning signs without authorization.
Article 51 It is forbidden to newly build or expand construction projects that have serious pollution to water bodies in the quasi-protected area of drinking water sources; reconstruction projects may not increase the amount of sewage.
Article 52 In addition to the provisions of Article 51 of these regulations, the following acts are prohibited in the secondary protection zone for drinking water sources:
(1) Setting up a sewage outlet;
(2) New construction, reconstruction, and expansion of construction projects that discharge pollutants;
(3) Setting up terminals for loading and unloading garbage, dangerous chemicals, coal, ore, cement, feces, oil stains and toxic materials;
(4) operating catering, accommodation and entertainment places with pollutant discharge;
(5) Construction of livestock and poultry farms and breeding communities. The completed construction projects that discharge pollutants shall be ordered to be demolished or closed by the people's government at or above the county level.
Article 53 In addition to the provisions of Articles 51 and 52 of these regulations, the following acts are prohibited in the first-level protected areas of drinking water sources:
(1) New construction, reconstruction, and expansion of construction projects unrelated to water supply facilities and protection of water sources;
(2) Setting up wharves unrelated to water supply facilities and protecting water sources;
(3) Engage in cage culture, tourism, swimming, fishing or other activities that may pollute drinking water bodies.
The completed construction projects that have nothing to do with water supply facilities and protection of water sources shall be demolished or closed by the people's government at or above the county level.
Article 54 The people's government of a city with a single source of water shall build emergency or standby water sources, and areas with conditions may carry out regional networked water supply.
People's governments at or above the county level shall reasonably arrange and distribute rural drinking water sources; areas with conditions may adopt urban water supply network extensions or construct inter-village and inter-township integrated centralized water supply projects to develop centralized water supply on a large scale.
Article 55 The people's governments at or above the county level shall strengthen the protection and comprehensive management of rural drinking water sources, and arrange funds to support the construction of rural drinking water protection projects.
The scope of protection of centralized drinking water sources below townships shall be determined by the county-level people ’s government ’s ecological environment, water conservancy and other relevant departments in conjunction with the township ’s people ’s government, and shall be implemented after approval by the county-level people ’s government.
Article 56 The people's governments at or above the county level shall organize relevant departments to monitor, detect, and evaluate the safety of drinking water sources such as drinking water sources, water supply units, and water quality from user taps within their respective administrative areas.
Relevant departments of the people's governments at or above the county level shall at least quarterly disclose information on the safety status of drinking water to the society in newspapers, the Internet and other media.
Article 57 The people's governments at or above the county level and their relevant departments shall, in accordance with the actual needs of protecting drinking water sources, take necessary protection on the roads and waterways that pass through the drinking water source protection areas and adjacent to the drinking water source protection areas. Measures to prevent accidents in vehicles and ships transporting dangerous chemicals from polluting drinking water bodies.
Centralized drinking water source protection areas, along the Yellow River and South-to-North Water Diversion Middle Line project should be constructed with ecological ditches, sewage purification ponds, surface runoff collection ponds and other facilities to purify farmland drainage and surface runoff.
Article 58 The people's governments at or above the county level shall organize the ecological environment and other departments to investigate and evaluate the environmental conditions and pollution risks of drinking water source protection areas, groundwater-type drinking water supply areas, and surrounding areas of water supply units. Existing pollution risk factors and take corresponding risk prevention measures.
If pollution of drinking water sources may threaten the safety of water supply, the competent ecological environment department shall order the relevant enterprises, institutions and other production and operation operators to take measures to stop the discharge of water pollutants, and notify the drinking water supply unit and the water supply, health, and water conservancy departments If it is across administrative regions, it shall also notify the relevant local people's government.
Article 59 Chemical production, storage and use enterprises, as well as operation and management units of industrial agglomeration areas, mining areas, tailings storages, hazardous waste disposal sites, landfill sites, etc. shall take measures such as anti-leakage, And build groundwater quality monitoring wells to monitor to prevent groundwater pollution.
Underground oil tanks such as gas stations and oil storages shall use double-layer tanks or other effective measures such as the construction of anti-seepage ponds, and shall be subject to anti-leakage monitoring to prevent groundwater pollution.
Article 60 The construction of garbage disposal sites, storage yards and garbage disposal facilities shall take measures such as anti-leakage, and shall not pollute rivers, lakes, reservoirs, canals, channels, wetlands, pits and groundwater. It is forbidden to construct garbage disposal sites, storage yards and garbage disposal facilities in areas adjacent to rivers, lakes, reservoirs, canals, canals, wetlands, pits and detention areas; if they have already been constructed, the local people's government will order them to be relocated within a time limit.
Article 61 Protective measures shall be taken for exploration, mining, groundwater extraction, artificial recharge and recharge of groundwater, and construction of underground engineering and sewage pipelines, and shall not pollute the groundwater.
Article 62 The people's governments of provinces, cities and counties (cities) shall, in accordance with the needs of ecological function protection, delineate protected areas for the following areas and water bodies according to law, and take measures to ensure that the water quality of the protected areas conforms to the water environmental quality of prescribed uses. standard.
(1) Source areas of major rivers and important water conservation areas;
(2) important fishery water bodies and water bodies for protecting biological species resources;
(3) water bodies in scenic spots; (4) important reservoirs and wetlands;
(5) Other areas and water bodies with important ecological function value.
Protected areas delineated according to law shall be announced to the public. No new sewage outlets shall be established in protected areas delineated according to law. The construction, reconstruction and expansion of sewage outlets near the protected area shall ensure that the water body in the protected area is not polluted.
Article 63 It is forbidden to pile and store solid waste and other pollutants on beaches and bank slopes below the highest water level of rivers, lakes, reservoirs, canals, and channels; if it has been piled up or stored, the local people's government shall Ordered to clear within a time limit.
If it is not cleared in accordance with the provisions of the preceding paragraph, it shall be performed by the local people's government on its behalf, and the necessary expenses shall be borne by the responsible party. If the responsible party is not clear, the local people's government shall clear it up.
Article 64 The people's governments at or above the county level shall adopt measures such as interception and management of sewage, control of non-point sources, dredging and dredging, garbage cleanup, ecological purification, living water circulation, and replenishment of clean water, and shall regularly publish the black and odorous water bodies, and shall publish the treatment status regularly. .
The people's governments at or above the county level shall, in accordance with local conditions, plan for the construction of artificial wetlands at the branch (into the river (lake)) and the tail water discharge of the sewage treatment plant, reduce pollutants, and gradually restore the ecological function of the river (lake).
Chapter V Water Environment Monitoring and Emergency Disposal
Article 65 The competent department of ecological environment of the people's government at or above the county level shall, in conjunction with the competent departments of water conservancy and natural resources, strengthen the construction of water environment quality monitoring capabilities, establish an environmental safety early warning and prediction system, and improve the environmental monitoring system in accordance with the needs of water environmental protection. , Improve the level of environmental information resource sharing and dynamic tracking and evaluation between relevant departments.
Article 66 The competent departments of ecology and environment of provinces and municipalities under the jurisdiction of the province shall timely grasp the water environment quality status, water pollutant discharge situation and changing trends in their respective administrative areas, and shall uniformly release water environment quality status information.
Article 67 Enterprises, institutions and other production and operation operators that implement pollution permit management in accordance with law shall monitor the water pollutants discharged by them in accordance with relevant regulations and monitoring specifications, and maintain original monitoring records. Key pollutant discharge units shall also install automatic monitoring equipment for water pollutant discharge, network with monitoring equipment of the competent ecological environment department, and ensure the normal operation of the monitoring equipment.
Enterprises and institutions and other production and operation operators that implement pollution permit management shall be responsible for the authenticity and accuracy of the monitoring data.
The effective automatic monitoring data of water pollutant discharge obtained in accordance with the requirements of the monitoring specifications serve as the basis for verifying the types and quantities of pollutant discharge.
Article 68 The people's governments at or above the county level shall organize relevant departments to supervise and inspect the environmental safety of oxidation ponds, sewage storage facilities, ash storage yards, tailings dams, and other toxic and hazardous materials storage sites in the area, and find major environmental issues. If there is a hidden danger of pollution, compulsory emergency measures can be taken to prevent the occurrence of water pollution accidents.
Article 69 Enterprises and institutions that may have water pollution accidents shall formulate emergency plans for water pollution accidents in accordance with law, make emergency preparations, and conduct regular drills. The emergency plan shall be reported to the local competent department of ecological environment for record.
Enterprises that use chemical technology for production, and enterprises and institutions that produce, use, store, or transport hazardous chemicals shall be equipped with water pollution emergency facilities in accordance with regulations to prevent water pollution accidents.
Article 70 In the event of a water pollution accident or other sudden event that causes or is likely to cause a water pollution accident, the parties shall immediately take emergency measures such as isolation to control, prevent water pollutants from entering the water body, and promptly report to the local people's government and the ecological environment. Competent authorities report; Eco-environment authorities receiving the report shall report to the people's government at the same level and the higher-level eco-environment authority in a timely manner, and notify relevant departments of water conservancy, housing, urban and rural construction, public security, emergency management, and relevant river basin management agencies.
Article 71 The people's government responsible for water pollution accident emergency response and accident investigation and handling, and its ecological environment, public security, transportation, industry and information technology, agriculture and rural areas, water conservancy, natural resources, housing urban and rural construction, health and emergency management, etc. The competent department shall, in accordance with the requirements for responding to emergencies, initiate emergency plans, take emergency measures, and do a good job of emergency disposal and investigation and processing.
The cost of emergency treatment of a sudden water pollution accident shall first be borne by the responsible unit or person responsible.
The people's government responsible for the emergency response and investigation of water pollution accidents shall provide financial guarantee for the emergency treatment of sudden water pollution accidents.
Chapter VI Legal Liability
Article 80 In violation of Article 50, paragraph 2 of these regulations, if the geographical landmarks and warning signs of drinking water source protection areas are damaged, altered or moved without authorization, the competent department of ecological environment shall order the restoration of the original state or compensation for damages, and may impose punishments. A fine ranging from 2,000 yuan to 20,000 yuan.
Article 81 In case of violation of the third and fifth clauses of Article 52 of these regulations, the people's government at or above the county level shall order dismantling or closure, and the competent department of ecological environment shall be fined 100,000 to 500,000 yuan. .
In case of violation of the fourth provision, the competent department of ecological environment shall be ordered to suspend business and be fined 10,000 to 50,000 yuan.
Article 82 If a discharge of water pollutants in violation of the Water Pollution Control Law of the People's Republic of China and these Regulations is punished by a fine and continues to be discharged illegally, the administrative organ that makes the decision on punishment according to law may start from the day after the day when it is ordered to correct , According to the original amount of punishment on a daily basis; if it refuses to make corrections, the competent department of ecological environment shall be ordered to restrict production and stop production for rectification; if the circumstances are serious, the people ’s government at or above the county level shall be ordered to suspend business or close down; Units and other principals in charge of production and operation shall be fined 50,000 yuan up to 200,000 yuan.
Article 83 People's governments at all levels, competent departments of the ecological environment, other departments responsible for the supervision and management of water environmental protection, and their staff who commit one of the following acts shall be ordered to be corrected by their superior department or supervisory authority and given according to law. Sanction:
(1) Failure to complete the task of reducing and controlling the total discharge of key water pollutants as required;
(2) Failure to complete the task of eliminating outdated production technologies, processes, equipment or products that seriously pollute the environment as required;
(3) Projects that are examined and approved in violation of national industrial policies;
(4) illegally examining and approving environmental impact assessment documents or illegally approving pollution discharge permits;
(5) Failure to implement administrative penalties in accordance with regulations or take administrative coercive measures in violation of the law;
(6) Failure to formulate emergency plans for water pollution accidents in accordance with regulations, or failing to take measures in accordance with the requirements of emergency plans;
(7) failing to perform law enforcement duties in time after receiving reports of environmental violations;
(8) Long-term or severe discharge exceeding the standard caused by the operating unit of the urban sewage centralized treatment facility due to poor supervision;
(9) Tampering or falsifying or instructing tampering or falsification of monitoring data;
(10) Other acts that should be punished according to law.
Article 84 In violation of Article 72 of these regulations, the people ’s governments upstream and downstream of rivers and rivers across provinces, cities and counties (cities) and their competent departments of ecological environment, water conservancy, etc. are not responsible for water pollution accidents across administrative regions. In case of mutual communication and taking measures, the person in charge directly responsible and other persons directly responsible shall be punished according to law.
Article 85 Whoever violates the provisions of these regulations and constitutes a crime shall be investigated for criminal responsibility in accordance with the law.
Chapter VII Supplementary Provisions
Article 86 These Regulations shall become effective on October 1, 2019. The Regulations on the Prevention and Control of Water Pollution in Henan Province passed at the twelfth meeting of the Standing Committee of the Eleventh People's Congress of Henan Province on November 27, 2009 were also abolished.