Order of the President of the People's Republic of China

No. Eighty Seven

The Law of the People’s Republic of China on the Prevention and Control of Water Pollution was revised and adopted at the 32nd meeting of the Standing Committee of the Tenth National People’s Congress of the People’s Republic of China on February 28, 2008. The revised “Water Pollution of the People’s Republic of China” The Prevention and Control Law was promulgated and will come into force on June 1, 2008.

President of the People's Republic of China 　 Hu Jintao

February 28, 2008

Water Pollution Prevention and Control Law of the People's Republic of China

(Adopted at the Fifth Meeting of the Standing Committee of the Sixth National People’s Congress on May 11, 1984 Pollution Prevention and Control Law" Decision" amended on February 28, 2008, amended at the 32nd meeting of the Standing Committee of the Tenth National People's Congress)

contents

Chapter One

Chapter Two: Standards and Planning for Water Pollution Prevention and Control

Chapter III: Supervision and Management of Water Pollution Prevention and Control

Chapter Four 　 Water Pollution Prevention and Control Measures

　　Section 1　General Provisions

　　Section 2　Industrial Water Pollution Prevention and Control

　　Section 3　 Urban Water Pollution Prevention and Control

　　Section 4　 Agriculture and Rural Water Pollution Prevention and Control

　　Section 5　 Ship Water Pollution Prevention and Control

Chapter 5: Protection of drinking water sources and other special water bodies

Chapter VI: Disposal of Water Pollution Accidents

Chapter 7 　Legal Liability

Chapter Eight

Chapter One

Article 1: This law is formulated in order to prevent and control water pollution, protect and improve the environment, ensure the safety of drinking water, and promote comprehensive, coordinated and sustainable economic and social development.

Article 2 This law applies to the prevention and control of pollution of rivers, lakes, canals, channels, reservoirs and other surface water bodies and groundwater bodies within the territory of the People's Republic of China. The prevention and control of marine pollution shall be governed by the Marine Environmental Protection Law of the People's Republic of China.

Article 3 The prevention and control of water pollution shall adhere to the principles of prevention first, combination of prevention and control, and comprehensive treatment, prioritize the protection of drinking water sources, strictly control industrial pollution and urban domestic pollution, prevent and control agricultural non-point source pollution, and actively promote the construction of ecological treatment projects to prevent, Control and reduce water pollution and ecological damage.

Article 4 People's governments at or above the county level shall incorporate water environmental protection work into their national economic and social development plans. The local people's government at or above the county level shall adopt countermeasures and measures to prevent and control water pollution and be responsible for the water environment quality of its administrative area.

Article 5: The state implements a water environmental protection target responsibility system and an assessment and evaluation system, and regards the completion of the water environmental protection target as the content of the assessment and evaluation of the local people's government and its responsible persons.

Article 6: The State encourages and supports scientific and technological research in the prevention and control of water pollution and the promotion and application of advanced applicable technologies, and strengthens publicity and education on water environmental protection.

Article 7: The state shall establish and improve compensation mechanisms for the ecological protection of the water environment in areas located in drinking water source protection areas and in the upper reaches of rivers, lakes, and reservoirs through financial transfer payments and other methods.

Article 8: The environmental protection department of the people's government at or above the county level shall implement unified supervision and management of the prevention and control of water pollution.

The maritime administrative agency of the competent department of communications shall supervise and administer the prevention and control of waters contaminated by ships.

The water administration, land and resources, health, construction, agriculture, fishery and other departments of the people's government at or above the county level, as well as the water resources protection agencies of important rivers and lakes, supervise and manage the prevention and control of water pollution within their respective responsibilities.

Article 9 "The discharge of water pollutants shall not exceed the national or local water pollutant discharge standards and the total discharge control index of key water pollutants.

Article 10: All units and individuals have the obligation to protect the water environment and have the right to report any pollution or damage to the water environment.

The people's governments at or above the county level and their relevant competent departments shall commend and reward the units and individuals that have made outstanding achievements in the prevention and control of water pollution.

Chapter Two: Standards and Planning for Water Pollution Prevention and Control

Article 11: The competent department of environmental protection under the State Council shall formulate national water environment quality standards.

The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may formulate local standards for items not specified in the national water environment quality standards, and report them to the environmental protection department of the State Council for the record.

Article 12 The environmental protection department of the State Council, in conjunction with the water administration department of the State Council and the people’s governments of relevant provinces, autonomous regions, and municipalities directly under the Central Government, may determine such issues based on the use functions of the water bodies of important rivers and lakes determined by the state as well as the economic and technical conditions of the relevant regions. The water environmental quality standards applicable to the water bodies at the provincial boundaries of important rivers and lakes shall be implemented after being approved by the State Council.

Article 13: The competent department of environmental protection under the State Council shall formulate national water pollutant discharge standards in accordance with national water environmental quality standards and national economic and technical conditions.

The people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government may formulate local water pollutant discharge standards for items that are not specified in the national water pollutant discharge standards; Pollutant discharge

Standard local water pollutant discharge standards. Local water pollutant discharge standards must be reported to the environmental protection department of the State Council for the record.

Where pollutants are discharged into water bodies that have local water pollutant discharge standards, the local water pollutant discharge standards shall be implemented.

Article 14: The environmental protection department of the State Council and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall revise water environmental quality standards and water pollutant discharge standards in a timely manner in accordance with the requirements of water pollution prevention and control and national or local economic and technical conditions.

Article 15: The prevention and control of water pollution shall be planned in a unified manner by river basin or by region. Water pollution prevention and control plans for important rivers and lakes determined by the state shall be prepared by the State Council’s environmental protection department in conjunction with the State Council’s comprehensive macroeconomic control and water administration departments and the people’s governments of relevant provinces, autonomous regions, and municipalities, and submitted to the State Council for approval.

The water pollution prevention and control plans for rivers and lakes that cross provinces, autonomous regions, and municipalities other than those specified in the preceding paragraph shall be determined by the people’s governments of relevant provinces, autonomous regions, and municipalities in accordance with the national water pollution prevention and control plans for important rivers and lakes and local conditions. The environmental protection department, in conjunction with the water administration and other departments at the same level and the people's governments of the relevant cities and counties, shall be compiled, reviewed by the people's governments of relevant provinces, autonomous regions, and municipalities directly under the Central Government, and reported to the State Council for approval.

Water pollution prevention and control plans for rivers and lakes across counties in provinces, autonomous regions, and municipalities shall be coordinated by the environmental protection departments of the people’s governments of the provinces, autonomous regions, and municipalities in accordance with the national water pollution prevention and control plans for important rivers and lakes and local conditions. The preparation of water administration and other departments at the same level shall be submitted to the people's government of the province, autonomous region, and municipality directly under the Central Government for approval, and reported to the State Council for the record.

The approved water pollution prevention and control plan is the basic basis for the prevention and control of water pollution, and the revision of the plan must be approved by the original approval authority.

Local people's governments at or above the county level shall organize the formulation of water pollution prevention and control plans for their administrative regions in accordance with the water pollution prevention and control plans for rivers and lakes approved in accordance with the law.

Article 16. Relevant departments of the State Council and local people’s governments at or above the county level shall make overall plans when developing, using, regulating, and dispatching water resources to maintain the reasonable flow of rivers and the reasonable water levels of lakes, reservoirs, and groundwater bodies, and maintain the ecological functions of the water bodies. .

Chapter III: Supervision and Management of Water Pollution Prevention and Control

Article 17 "Newly built, rebuilt, or expanded construction projects that directly or indirectly discharge pollutants into water bodies and other water facilities shall be subject to environmental impact assessments in accordance with the law.

If the construction unit constructs, rebuilds, or expands sewage outlets in rivers and lakes, it shall obtain the consent of the water administrative department or the watershed management agency; for navigable and fishery waters, the environmental protection department shall solicit transportation, Opinions of fisheries authorities.

The water pollution prevention and control facilities of a construction project shall be designed, constructed and put into use at the same time as the main project. The water pollution prevention and control facilities shall be checked and accepted by the competent department of environmental protection. If the check and acceptance is unqualified, the construction project shall not be put into production or use.

Article 18: The State implements a total control system for the discharge of key water pollutants.

The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall reduce and control the total discharge of key water pollutants in their administrative areas in accordance with the provisions of the State Council, and decompose and implement the total discharge control indicators of key water pollutants to the people's governments of cities and counties. The people's governments of cities and counties shall, in accordance with the requirements of the total discharge control index of key water pollutants in their administrative region, decompose and implement the total discharge control index of key water pollutants to the pollutant discharge unit. The specific measures and implementation steps shall be formulated by the State Council.

The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may determine the key water pollutants for total reduction and control in their respective administrative regions based on the water environment quality of their respective administrative regions and the needs of water pollution prevention and control work.

For areas that exceed the total discharge control index of key water pollutants, the environmental protection department of the relevant people's government shall suspend the approval of the environmental impact assessment documents of construction projects that newly increase the total discharge of key water pollutants.

Article 19: The competent department of environmental protection under the State Council shall announce to the provinces, autonomous regions, and municipalities that have failed to complete the total discharge control targets of key water pollutants in accordance with the requirements. The competent departments of environmental protection of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall announce the cities and counties that fail to complete the total discharge control targets of key water pollutants in accordance with the requirements.

The environmental protection department of the people's government at or above the county level shall announce the enterprises that violate the provisions of this law and seriously pollute the water environment.

Article 20: The state implements a pollutant discharge permit system.

Enterprises and institutions that directly or indirectly discharge industrial wastewater and medical wastewater into water bodies, as well as other wastewater and sewage that are required to obtain a pollutant discharge permit in accordance with regulations, shall obtain a pollutant discharge permit; the operating unit of a centralized urban sewage treatment facility shall also obtain a pollutant discharge permit. allow dirty. The specific measures and implementation steps for pollutant discharge permits shall be stipulated by the State Council.

Enterprises and institutions are prohibited from discharging the waste water and sewage specified in the preceding paragraph into water bodies without a pollutant discharge permit or in violation of the provisions of the pollutant discharge permit.

Article 21 Enterprises, public institutions and individual industrial and commercial households that directly or indirectly discharge pollutants into water bodies shall, in accordance with the regulations of the environmental protection department of the State Council, declare their registered water pollutants to the environmental protection department of the local people’s government at or above the county level. Discharge facilities, treatment facilities and the types, quantities and concentrations of water pollutants discharged under normal operating conditions, and provide relevant technical data on the prevention and control of water pollution.

Enterprises, public institutions and individual industrial and commercial households that have major changes in the types, quantities and concentrations of water pollutants discharged shall be reported and registered in a timely manner; their water pollutant treatment facilities shall be kept in normal use; water pollutant treatment facilities shall be dismantled or left unused in advance. Report to the competent environmental protection department of the local people's government at or above the county level for approval.

Article 22 Enterprises, institutions and individual industrial and commercial households that discharge pollutants into water bodies shall set up sewage outlets in accordance with laws, administrative regulations and the provisions of the environmental protection department of the State Council; where sewage outlets are set up in rivers and lakes, they shall also comply with the State Council. Provisions of the competent water administration department.

It is forbidden to set up hidden pipes privately or adopt other methods to evade supervision to discharge water pollutants.

Article 23 　Key pollutant discharge units shall install automatic monitoring equipment for water pollutant discharge, network with the monitoring equipment of the environmental protection department, and ensure the normal operation of the monitoring equipment. Enterprises that discharge industrial waste water shall monitor the industrial waste water they discharge and keep the original monitoring records. The specific measures shall be formulated by the competent department of environmental protection under the State Council.

The list of key pollutant discharge units that should install automatic monitoring equipment for water pollutant discharge shall be determined by the environmental protection department of the local people’s government at or above the districted city level in accordance with the environmental capacity of the administrative area, the requirements of the total discharge control index of key water pollutants, and the discharge of pollutants. Factors such as the type, quantity and concentration of water pollutants discharged by a unit shall be determined in consultation with relevant departments at the same level.

Article 24 　 Enterprises, public institutions and individual industrial and commercial households that directly discharge pollutants into water bodies shall pay pollutant discharge fees in accordance with the types and quantities of pollutants discharged and the standards for collecting pollutant discharge fees.

Pollutant discharge fees shall be used for the prevention and control of pollution and shall not be used for other purposes.

Article 25: The State establishes a water environment quality monitoring and water pollutant discharge monitoring system. The competent department of environmental protection under the State Council is responsible for formulating water environment monitoring standards, uniformly publishing information on the state of the water environment, and organizing a monitoring network in conjunction with water administration and other departments under the State Council.

Article 26 The water resources protection work agencies of important rivers and lakes determined by the state shall be responsible for monitoring the water environment quality of the water bodies at the provincial boundary of the river basins in which they are located, and reporting the monitoring results to the environmental protection department of the State Council and the water administrative director of the State Council in a timely manner Department: If there is a river basin water resources protection leading agency approved by the State Council, the monitoring results shall be reported to the river basin water resources protection leading agency in a timely manner.

Article 27 　Environmental protection departments and other departments that exercise supervision and management powers in accordance with the provisions of this law have the right to conduct on-site inspections of pollutant-discharging units within their jurisdiction. The inspected units shall truthfully report the situation and provide necessary information. The inspection agency is obliged to keep the business secrets obtained during inspections for the units being inspected.

Article 28: Water pollution disputes across administrative regions shall be resolved by the relevant local people's governments through consultation, or through the coordination of their common higher-level people's governments.

Chapter Four 　 Water Pollution Prevention and Control Measures

Section 1 　 General Provisions

Article 29 "It is prohibited to discharge oil, acid, lye or highly toxic waste liquid into water bodies.

It is prohibited to wash vehicles and containers that have stored oil or toxic pollutants in water bodies.

Article 30 "It is prohibited to discharge or dump radioactive solid waste or waste water containing high- and medium-level radioactive materials into water bodies.

The discharge of waste water containing low-level radioactive substances into water bodies shall comply with the relevant national regulations and standards for the prevention and control of radioactive pollution.

Article 31: Measures shall be taken to ensure that the temperature of the water body meets the water environmental quality standards when discharging heat-containing wastewater into a water body.

Article 32: Sewage containing pathogens shall be disinfected; it shall not be discharged until it meets the relevant national standards.

Article 33: It is prohibited to discharge or dump industrial waste residues, urban garbage and other wastes into water bodies.

It is forbidden to discharge, dump or directly bury the soluble and highly toxic waste residues containing mercury, cadmium, arsenic, chromium, lead, cyanide, yellow phosphorus, etc. into water bodies.

The places where soluble and highly toxic waste residues are stored shall take measures to prevent water, seepage, and loss.

Article 34: It is prohibited to stack or store solid wastes and other pollutants on beaches and bank slopes below the highest water level of rivers, lakes, canals, channels, and reservoirs.

Article 35: It is prohibited to use seepage wells, seepage pits, cracks and caves to discharge or dump waste water containing toxic pollutants, sewage containing pathogens and other wastes.

Article 36 　It is prohibited to use ditches, ponds, etc. without anti-seepage measures to transport or store waste water containing toxic pollutants, sewage containing pathogens, and other wastes.

Article 37 　 If the water quality of the aquifers in the multi-layer groundwater varies greatly, it shall be exploited in layers; the contaminated diving and confined water shall not be exploited in a mixed manner.

Article 38: When constructing underground engineering facilities or conducting underground exploration, mining and other activities, protective measures shall be taken to prevent groundwater pollution.

Article 39: Artificial recharge of groundwater shall not deteriorate the quality of groundwater.

Section 2 　 Industrial Water Pollution Prevention and Control

Article 40: Relevant departments of the State Council and local people’s governments at or above the county level shall rationally plan the industrial layout and require

Enterprises that cause water pollution are required to carry out technological transformations and adopt comprehensive prevention and control measures to increase the reuse rate of water and reduce the discharge of wastewater and pollutants.

Article 41: The state implements a system of eliminating outdated technologies and equipment that seriously pollute the water environment.

The Economic Comprehensive Macro-Control Department of the State Council, in conjunction with the relevant departments of the State Council, announced the list of processes that severely pollute the water environment and the list of equipment that severely pollutes the water environment that is prohibited from being produced, sold, imported, and used within a time limit.

The producer, seller, importer or user shall stop the production, sale, import or use of the equipment listed in the equipment catalog specified in the preceding paragraph within the prescribed time limit. The adopter of the craft shall stop using the craft listed in the craft catalog specified in the preceding paragraph within the prescribed time limit.

Equipment that has been eliminated in accordance with the provisions of paragraphs 2 and 3 of this article shall not be transferred to others for use.

Article 42 The state prohibits new small-scale papermaking, leather making, printing and dyeing, dyes, coking, sulfur making, arsenic making, mercury making, oil refining, electroplating, pesticides, asbestos, cement, glass, steel, thermal power plants that do not conform to the national industrial policy. And other production projects that seriously pollute the water environment.

Article 43 ``Enterprises should adopt clean processes with high raw material utilization efficiency and low pollutant discharge, and strengthen management to reduce the production of water pollutants.

Section 3 　 Urban Water Pollution Prevention and Control

Article 44: Urban sewage shall be treated in a centralized manner.

Local people's governments at or above the county level shall raise funds through fiscal budgets and other channels, make overall arrangements for the construction of urban sewage treatment facilities and supporting pipe networks, and increase the collection and treatment rates of urban sewage in their administrative regions.

The competent construction department of the State Council shall, in conjunction with the competent departments of the State Council’s comprehensive macroeconomic control and environmental protection, organize the compilation of plans for the construction of urban sewage treatment facilities nationwide in accordance with urban and rural planning and water pollution prevention and control plans. Local people's governments at or above the county level organize construction, economic comprehensive macro-control, environmental protection, water administration and other departments to compile plans for the construction of urban sewage treatment facilities in their respective administrative regions. The competent construction department of the local people's government at or above the county level shall, in accordance with the urban sewage treatment facility construction plan, organize the construction of urban sewage treatment facilities and supporting pipe networks, and strengthen the supervision and management of the operation of urban sewage treatment facilities.

The operating unit of the centralized sewage treatment facility in cities and towns shall provide the polluters with paid services for sewage treatment in accordance with national regulations, collect sewage treatment fees, and ensure the normal operation of the centralized sewage treatment facilities. Anyone who discharges sewage to urban sewage centralized treatment facilities and pays sewage treatment fees shall no longer pay sewage fees. The collected sewage treatment fees shall be used for the construction and operation of urban sewage treatment facilities and shall not be used for other purposes.

The specific measures for sewage treatment charges, management and use of urban sewage treatment facilities shall be formulated by the State Council.

Article 45: The discharge of water pollutants into urban sewage centralized treatment facilities shall comply with the national or local water pollutant discharge standards.

If the quality of the effluent from a centralized urban sewage treatment facility reaches the national or local water pollutant discharge standards, the pollution discharge fee may be exempted in accordance with relevant national regulations.

The operating unit of the centralized urban sewage treatment facility shall be responsible for the quality of the effluent from the centralized urban sewage treatment facility.

The competent department of environmental protection shall supervise and inspect the quality and quantity of effluent from the urban sewage centralized treatment facility.

Article 46: In the construction of a domestic waste landfill, measures such as leakage prevention shall be adopted to prevent water pollution.

Section 4 　 Agriculture and Rural Water Pollution Prevention and Control

Article 47: The use of pesticides shall comply with national regulations and standards concerning the safe use of pesticides.

The transportation and storage of pesticides and the disposal of expired pesticides shall be strengthened to prevent water pollution.

Article 48: The competent agricultural departments and other relevant departments of the local people's governments at or above the county level shall take measures to guide agricultural producers to apply chemical fertilizers and pesticides scientifically and rationally, control the excessive use of chemical fertilizers and pesticides, and prevent water pollution.

Article 49: The State supports the construction of livestock and poultry farms and breeding communities in the construction of comprehensive utilization or harmless treatment facilities for livestock and poultry manure and waste water.

Livestock and poultry farms and breeding communities shall ensure the normal operation of their comprehensive utilization of livestock and poultry manure and waste water or the normal operation of non-hazardous treatment facilities, ensure the discharge of sewage up to the standard, and prevent pollution of the water environment.

Article 50 　When engaging in aquaculture, the ecological environment of the water area shall be protected, the breeding density shall be determined scientifically, the bait and the use of drugs shall be rationally used, and the pollution of the water environment shall be prevented.

Article 51: Discharging industrial waste water and urban sewage into farmland irrigation channels shall ensure that the water quality of the nearest irrigation water intake point downstream meets the farmland irrigation water quality standards.

The use of industrial waste water and urban sewage for irrigation shall prevent contamination of soil, groundwater and agricultural products.

Section 5: Prevention and Control of Ship Water Pollution

Article 52: Ships shall discharge oily sewage and domestic sewage in compliance with the ship pollutant discharge standards. Ships engaged in ocean shipping entering inland rivers and ports shall comply with the pollutant discharge standards for inland river vessels.

Residual oil and waste oil from ships shall be recycled, and discharge into water bodies is prohibited.

It is forbidden to dump ship garbage into water bodies.

Vessels loading and transporting oil or toxic cargo shall take measures to prevent overflow and leakage to prevent the cargo from falling into the water and causing water pollution.

Article 53: Vessels shall be equipped with corresponding anti-pollution equipment and equipment in accordance with relevant state regulations, and shall hold legal and effective certificates and documents for preventing environmental pollution in waters.

Ships carrying out operations involving the discharge of pollutants shall strictly abide by the operating procedures and truthfully record them in the corresponding record books.

Article 54 "Ports, wharves, loading and unloading stations, and ship repairing plants shall have adequate facilities for receiving ship pollutants and waste. Units engaged in receiving operations of ship pollutants and wastes, or cleaning operations of cargoes carrying oils and polluting hazardous cargoes, shall have the receiving and processing capabilities commensurate with their scale of operations.

Article 55 　 When a ship performs the following activities, it shall prepare an operation plan, adopt effective safety and pollution prevention measures, and report to the maritime administrative agency of the place of operation for approval:

(1) Carrying out the operation of receiving residual oil, oily sewage, and residues of pollution-hazardous cargo, or carrying out the cleaning operation of the cabin of the cargo carrying oil and pollution-hazardous;

(2) Carrying out transfer operations of bulk liquid contaminated and hazardous cargo;

(3) Carrying out ship dismantling and salvaging on water or other construction operations on water and underwater vessels.

The dismantling activities of fishing vessels on the water in the waters of the fishing port shall be reported to the competent fishery department of the place of operation for approval.

Chapter 5: Protection of drinking water sources and other special water bodies

Article 56: The state establishes a drinking water source protection zone system. Drinking water source protection is divided into primary protection area and secondary protection area; when necessary, a certain area can be designated as a quasi-protection area around the drinking water source protection area.

The delineation of drinking water source protection zones shall be proposed by the people’s governments of relevant cities and counties and submitted to the people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government for approval; The government negotiates and proposes a delineation plan, and submits it to the people’s government of the province, autonomous region, or municipality directly under the Central Government for approval; if the negotiation fails, the environmental protection department of the people’s government of the province, autonomous region, or municipality directly under the Central Government, together with the water administration, land and resources, health, and construction departments at the same level, proposes the delimitation. The plan shall be submitted to the people's government of the province, autonomous region, or municipality directly under the Central Government for approval after soliciting the opinions of the relevant departments at the same level.

Drinking water source protection zones across provinces, autonomous regions, and municipalities directly under the Central Government shall be designated by the people’s governments of relevant provinces, autonomous regions, and municipalities directly under the Central Government in consultation with relevant river basin management agencies; , Construction and other departments put forward a delineation plan, and after soliciting opinions from the relevant departments of the State Council, submit it to the State Council for approval.

The State Council and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may adjust the scope of drinking water source protection areas according to the actual needs of protecting drinking water sources to ensure drinking water safety. Relevant local people's governments shall set up clear geographical landmarks and obvious warning signs on the borders of drinking water source protection zones.

Article 57: It is forbidden to set up sewage outlets in drinking water source protection zones.

Article 58 It is forbidden to build, rebuild, or expand construction projects that have nothing to do with water supply facilities and protection of water sources in the first-level drinking water source protection zone; for the construction projects that have been completed that have nothing to do with water supply facilities and protection of water sources, the people at or above the county level The government ordered it to be demolished or shut down.

It is forbidden to engage in cage breeding, tourism, swimming, fishing or other activities that may pollute drinking water bodies in the first-class drinking water source protection zone.

Article 59: It is forbidden to build, rebuild, or expand construction projects that discharge pollutants in the secondary protection zone for drinking water sources; the people's government at or above the county level shall order the removal or closure of the completed construction projects that discharge pollutants.

Those engaged in activities such as cage aquaculture and tourism in the secondary protection zone for drinking water sources shall take measures in accordance with regulations to prevent the pollution of drinking water bodies.

Article 60: It is forbidden to build or expand construction projects that seriously pollute water bodies in the quasi-protection areas of drinking water sources; to rebuild construction projects, it is not allowed to increase the discharge of pollutants.

Article 61 Local people’s governments at or above the county level shall, in accordance with the actual needs of protecting drinking water sources, take engineering measures or construct wetlands, water conservation forests and other ecological protection measures in quasi-protected areas to prevent water pollutants from being directly discharged into drinking water. The water body ensures the safety of drinking water.

Article 62: Where the drinking water source is polluted and may threaten the safety of water supply, the competent department of environmental protection shall order the relevant enterprises and institutions to take measures such as stopping or reducing the discharge of water pollutants.

Article 63 The State Council and the people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government may, in accordance with the needs of water environmental protection, provide for measures such as prohibiting or restricting the use of phosphorus-containing detergents, fertilizers, pesticides, and restricting planting and breeding in drinking water source protection zones. .

Article 64 People’s governments at or above the county level may delineate protected areas for water bodies in scenic spots, important fishery water bodies, and other water bodies of special economic and cultural value, and take measures to ensure that the water quality in the protected areas meets the water environmental quality standards for the prescribed purposes .

Article 65: No new sewage outlets shall be built in the protection areas of water bodies in scenic spots, important fishery water bodies and other water bodies of special economic and cultural value. Newly constructed sewage outlets near the protection area shall ensure that the water body of the protection area is not polluted.

Chapter VI: Disposal of Water Pollution Accidents

Article 66 People’s governments at all levels and their relevant departments, as well as enterprises and institutions that may have water pollution accidents, shall, in accordance with the provisions of the "Emergency Response Law of the People's Republic of China", make emergency preparations for water pollution accidents. Emergency response and post-event recovery work.

Article 67: Enterprises and institutions that may have water pollution accidents shall formulate emergency plans for water pollution accidents, make emergency preparations, and conduct regular drills.

Enterprises and institutions that produce and store hazardous chemicals shall take measures to prevent fire fighting wastewater and waste liquids that may seriously pollute water bodies that are generated in the process of handling safety production accidents from being directly discharged into water bodies.

Article 68: In the event of accidents or other emergencies, enterprises and institutions that cause or may cause water pollution accidents, they shall immediately activate their own emergency plans, take emergency measures, and report to local people at or above the county level where the accident occurred. Report from the government or environmental protection department. After receiving the report, the competent department of environmental protection shall promptly report to the people's government at the corresponding level and copy it to the relevant department.

If a fishery pollution accident is caused or a fishery vessel causes a water pollution accident, it shall report to the fishery department in the place where the accident occurred, and accept investigation and handling. If other ships cause water pollution accidents, they shall report to the maritime administrative agency where the accident occurred and be subject to investigation and handling; if any damage is caused to the fishery, the maritime administrative agency shall notify the fishery administration to participate in the investigation and handling.

Chapter 7 　Legal Liability

Article 69: Where the competent department of environmental protection or other departments that exercise supervision and management powers in accordance with the provisions of this Law fail to issue administrative licenses or handle approval documents in accordance with the law, and fail to investigate and deal with violations after discovering illegal acts or receiving reports of illegal acts, Or if there are other acts that fail to perform their duties in accordance with the provisions of this law, the directly responsible person in charge and other directly responsible persons shall be punished according to law.

Article 70 Where the competent department of environmental protection or other departments that exercise supervision and management powers in accordance with the provisions of this law reject the supervision and inspection, or resort to fraud in accepting the supervision and inspection, the environmental protection department of the people’s government at or above the county level or other departments in accordance with the provisions of this law The department that exercises the power of supervision and management shall order corrections and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan.

Article 71 If, in violation of the provisions of this law, the water pollution prevention and control facilities of a construction project have not been completed, have not undergone empirical acceptance, or have failed to pass the inspection and acceptance, and the main project has been put into production or use, the environmental protection department of the people’s government at or above the county level shall order the suspension of production. Or use, until the acceptance is passed, a fine of not less than 50,000 yuan but not more than 500,000 yuan will be imposed.

Article 72: Anyone who violates the provisions of this Law and commits one of the following acts 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; if the correction is not made within the time limit, a fine of 10,000 yuan to 100,000 yuan shall be imposed:

(1) Refusal to report or falsely report the relevant water pollutant discharge declaration and registration items specified by the environmental protection department of the State Council;

(2) Failing to install automatic monitoring equipment for water pollutant discharge in accordance with regulations or failing to network with the monitoring equipment of the environmental protection department in accordance with regulations, and to ensure the normal operation of the monitoring equipment;

(3) Failing to monitor the discharged industrial wastewater in accordance with regulations and keep the original monitoring records.

Article 73 Anyone who violates the provisions of this law and uses water pollutant treatment facilities abnormally, or dismantles or lays them idle without the approval of the environmental protection department, 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 , Shall pay a fine of more than one time but less than three times the amount of the pollution discharge fee.

Article 74 In violation of the provisions of this law, the discharge of water pollutants exceeds the national or local water pollutant discharge standards, or exceeds the total discharge control target of key water pollutants, the environmental protection department of the people’s government at or above the county level shall comply with The authority shall order treatment within a time limit and impose a fine of more than two times but not more than five times the amount of pollution discharge fees.

During the time limit for treatment, the competent department of environmental protection shall order the restriction of production, restriction of emissions, or suspension of production for rectification. The time limit for treatment within a time limit shall not exceed one year; if the treatment task is not completed within the time limit, it shall be reported to the approved people’s government for approval and ordered to close down.

Article 75 Where a sewage outlet is installed in a drinking water source protection area, the local people’s government at or above the county level shall order it to be demolished within a time limit and impose a fine of 100,000 yuan up to 500,000 yuan; The necessary expenses shall be borne by the offender, and a fine of not less than 500,000 yuan but not more than one million yuan may be imposed, and production may be ordered to suspend production for rectification.

In addition to the provisions of the preceding paragraph, in violation of laws, administrative regulations, and the provisions of the environmental protection department of the State Council to set up sewage outlets or privately set up concealed pipes, the environmental protection department of the local people’s government at or above the county level shall order the removal within a time limit and impose a punishment of more than 20,000 yuan and more than 10,000 yuan. A fine of less than 10,000 yuan; if it is not demolished within the time limit, the demolition shall be compulsory, and the required costs shall be borne by the offender, and a fine of 100,000 yuan to 500,000 yuan shall be imposed; for privately set up secret control or other serious circumstances, places at or above the county level The environmental protection department of the people's government may request the local people's government at or above the county level to order the suspension of production for rectification.

Without the consent of the water administrative department or the river basin management agency, build new buildings in rivers and lakes, For the reconstruction or expansion of sewage outlets, the water administrative department of the people's government at or above the county level or the river basin management agency shall take measures and impose penalties in accordance with the provisions of the preceding paragraph in accordance with its functions and powers.

Article 76 Anyone who commits one of the following acts shall be ordered by the environmental protection department of the local people’s government at or above the county level to stop the illegal act, take control measures within a time limit, eliminate pollution, and impose a fine; if no control measures are taken within the time limit, the environmental protection authority A unit with governance capabilities can be designated to govern on its behalf, and the required expenses shall be borne by the offender:

(1) Discharging oil, acid or lye into water bodies;

(2) Discharging highly toxic waste liquid into water bodies, or discharging, dumping or directly burying soluble highly toxic waste residues containing mercury, cadmium, arsenic, chromium, lead, cyanide, yellow phosphorus, etc. into the water body;

(3) Washing vehicles or containers that have stored oil or toxic pollutants in a body of water;

(4) Discharging or dumping industrial wastes, urban garbage or other wastes into water bodies, or stacking or storing solid wastes or other pollutants on beaches or bank slopes below the highest water level of rivers, lakes, canals, channels, and reservoirs ；

(5) Discharging or dumping radioactive solid waste or waste water containing high- or medium-level radioactive materials into water bodies;

(6) Discharging waste water containing low-level radioactive substances, hot waste water or sewage containing pathogens into water bodies in violation of relevant national regulations or standards;

(7) Using seepage wells, seepage pits, cracks or karst caves to discharge or dump waste water containing toxic pollutants, sewage containing pathogens or other wastes;

(8) Using ditches, ponds, etc. without anti-leakage measures to transport or store waste water containing toxic pollutants, sewage containing pathogens or other wastes.

Anyone who commits one of the third and sixth acts of the preceding paragraph shall be fined not less than 10,000 yuan but not more than 100,000 yuan; for one of the first, fourth, and eighth acts of the preceding paragraph, a fine of 20,000 yuan shall be imposed A fine of not less than 200,000 yuan; a fine of not less than 50,000 yuan but not more than 500,000 yuan shall be imposed on any of the acts in the second, fifth, and seventh items of the preceding paragraph.

Article 77 Violating the provisions of this law, producing, selling, importing, or using equipment listed in the list of equipment that is prohibited from producing, selling, importing, or using seriously polluting the water environment, or using equipment listed in the prohibition of seriously polluting the water environment If the craft is listed in the catalog of crafts, the comprehensive macroeconomic control department of the people’s government at or above the county level shall order corrections and impose a fine of 50,000 yuan up to 200,000 yuan; if the circumstances are serious, the economic comprehensive macroeconomic control department of the people’s government at or above the county level shall be ordered to make corrections. Put forward opinions and report to the people's government at the same level to order the suspension of business and closure.

Article 78 In violation of the provisions of this law, the construction of small papermaking, leather making, printing and dyeing, dyes, coking, sulfur making, arsenic making, mercury making, oil making, electroplating, pesticides, asbestos, cement, glass, Steel, thermal power and other production projects that seriously pollute the water environment shall be ordered to close down by the people's government of the city or county where they are located.

Article 79 If a vessel is not equipped with corresponding anti-pollution equipment and equipment, or does not hold a legal and effective certificate and document for preventing environmental pollution of the waters, the maritime administrative agency and the fishery department shall order corrections within a time limit according to the division of responsibilities, and impose a second sentence. A fine of not less than 1,000 yuan but not more than 20,000 yuan; if no correction is made within the time limit, the ship shall be ordered to temporarily stop sailing.

If a ship conducts operations involving the discharge of pollutants and fails to abide by the operating procedures or fails to truthfully record it in the corresponding record book, the maritime administrative agency and the fishery department shall order corrections in accordance with the division of responsibilities and impose a fine of not less than 2,000 yuan but not more than 20,000 yuan. .

Article 80 Anyone who violates the provisions of this law and commits one of the following acts shall be ordered by the maritime administrative agency and fishery department in accordance with the division of responsibilities to stop the illegal act and impose a fine; if the water pollution is caused, it shall be ordered to take control measures within a time limit to eliminate the pollution; If no governance measures are taken, the maritime administrative agency and the fishery competent department may designate a unit with governance capabilities to conduct governance on their behalf in accordance with the division of responsibilities, and the necessary expenses shall be borne by the ship:

(1) Dumping ship's garbage or discharging ship's residual oil or waste oil into a body of water;

(2) Without the approval of the maritime administrative agency of the place of operation, the ship receives residual oil, oily sewage, polluting and hazardous cargo residues, or carries out cleaning operations for the cabins of loaded oil and polluting hazardous cargo, or conducts bulk liquid pollution Transfer operations of hazardous goods;

(3) Conducting ship dismantling, salvaging or other water or underwater ship construction operations without the approval of the maritime administrative agency of the place of operation;

(4) Dismantling fishery vessels on the water in the waters of the fishing port without the approval of the fishery authority of the place of operation.

Anyone who commits one of the first, second, and fourth acts of the preceding paragraph shall be fined not less than 5,000 yuan but not more than 50,000 yuan; for the third act of the preceding paragraph, 10,000 yuan but less than 100,000 yuan shall be imposed. fine.

Article 81 Anyone who commits one of the following acts shall be ordered by the environmental protection department of the local people’s government at or above the county level to stop the illegal act and impose a fine of 100,000 yuan up to 500,000 yuan; Approve, order to dismantle or close:

(1) Newly build, rebuild, or expand construction projects that have nothing to do with water supply facilities and protection of water sources in the first-level drinking water source protection zone;

(2) Newly built, rebuilt, or expanded construction projects that discharge pollutants in the secondary protection zone of drinking water sources;

(3) Newly built or expanded construction projects in the quasi-protection zone of drinking water sources that seriously pollute the water body, or reconstructed construction projects to increase the discharge of pollutants.

Anyone who engages in cage aquaculture or organizes tourism, fishing, or other activities that may pollute drinking water bodies in the first-level drinking water source protection zone shall be ordered by the environmental protection department of the local people’s government at or above the county level to stop the illegal act and impose a penalty of 20,000 yuan A fine of more than 100,000 yuan or less. If an individual swims, fishes, or engages in other activities that may pollute drinking water bodies in the drinking water source protection zone, the environmental protection department of the local people's government at or above the county level shall order the illegal act to cease, and may impose a fine of less than 500 yuan.

Article 82 　Where an enterprise or public institution commits one of the following acts, the environmental protection department of the people's government at or above the county level shall order it to make corrections; if the circumstances are serious, a fine of 20,000 yuan to 100,000 yuan shall be imposed:

(1) Failing to formulate emergency plans for water pollution accidents in accordance with regulations;

(2) After the water pollution accident occurs, the emergency plan for the water pollution accident is not activated in time and relevant emergency measures are taken.

Article 83: If an enterprise or institution violates the provisions of this law and causes a water pollution accident, the environmental protection department of the people's government at or above the county level shall impose a fine in accordance with the provisions of paragraph 2 of this article and order it to take control measures within a time limit to eliminate pollution; Where treatment measures are required or the treatment capacity is not available, the competent department of environmental protection shall designate a unit capable of treatment on its behalf, and the necessary expenses shall be borne by the offender; if a serious or very serious water pollution accident is caused, it may be reported to the authorized authority The people's government approves and orders the closure; the directly responsible person in charge and other directly responsible persons may be fined less than 50% of the income received from the unit in the previous year.

For general or major water pollution accidents, the fine shall be calculated at 20% of the direct loss caused by the water pollution accident; for major or very serious water pollution accidents, the fine shall be calculated as the percentage of the direct loss caused by the water pollution accident. Thirty calculated fines.

Anyone who causes a fishery pollution accident or a fishery vessel that causes a water pollution accident shall be punished by the fishery competent department; if another vessel causes a water pollution accident, the maritime administrative agency shall impose a punishment.

Article 84: If the party is dissatisfied with the administrative penalty decision, he may apply for administrative reconsideration, or he may file a suit in a people’s court within 15 days from the date of receipt of the notice; if the time limit expires, he does not apply for administrative reconsideration or litigation, and fails to perform the administrative penalty decision. , The agency that made the administrative penalty decision shall apply to the people’s court for compulsory execution.

Article 85: The parties who have suffered damage due to water pollution have the right to request the pollutant to eliminate the harm and compensate for the loss.

If water pollution damage is caused by force majeure, the pollutant discharging party shall not be liable for compensation; unless otherwise provided by law.

Water pollution damage is deliberately caused by the victim, and the polluter shall not be liable for compensation. Water pollution damage is caused by the victim's gross negligence, which can reduce the liability of the polluter.

Water pollution damage is caused by a third party, and the pollutant discharger shall have the right to claim compensation from the third party after assuming the liability for compensation.

Article 86: Disputes over the liability for damages and the amount of compensation caused by water pollution may be handled by the environmental protection department or maritime administrative agency or fishery department in accordance with the division of responsibilities at the request of the parties; if the mediation fails, the parties may File a lawsuit in the people's court. The parties can also directly file a lawsuit in the people's court.

Article 87: In litigation for compensation for damage caused by water pollution, the pollutant discharger shall bear the burden of proof for the exemption provided by law and the absence of a causal relationship between its behavior and the result of the damage.

Article 88: Where there are a large number of parties who have suffered damage due to water pollution, the parties may elect representatives to conduct joint litigation in accordance with the law.

The competent department of environmental protection and relevant social organizations may support the parties who have suffered damage due to water pollution to file a lawsuit in the people's court in accordance with the law.

The state encourages legal service agencies and lawyers to provide legal aid to victims in water pollution damage litigation.

Article 89: In disputes over liability for damages and the amount of compensation caused by water pollution, the parties may entrust an environmental monitoring agency to provide monitoring data. The environmental monitoring agency shall accept the entrustment and provide relevant monitoring data truthfully.

Article 90: Anyone who violates the provisions of this law and constitutes a violation of public security management shall be given public security management penalties according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter Eight

Article 91 The meaning of the following terms in this law:

(1) Water pollution refers to the change of the chemical, physical, biological or radiological characteristics of a water body due to the intervention of a certain substance, thereby affecting the effective use of water, endangering human health or destroying the ecological environment, resulting in deterioration of water quality The phenomenon.

(2) Water pollutants refer to substances that are directly or indirectly discharged into water bodies and can cause water body pollution.

(3) Toxic pollutants refer to those pollutants that are directly or indirectly ingested by an organism, which may cause disease, abnormal behavior, genetic abnormality, physiological abnormality, body deformation, or death of the organism or its descendants.

(4) Fishery waters refer to the designated water bodies of fish and shrimp spawning grounds, feeding grounds, overwintering grounds, migration channels and fish, shrimp, shellfish and algae farms.

Article 92: This Law shall come into force on June 1, 2008.