Announcement of the Standing Committee of the Tenth People’s Congress of Jiangsu Province   No. 56   The Regulations of Jiangsu Province on Prevention and Control of Vessel-Induced Pollution of Inland Waters, adopted at the Tenth Meeting of the Standing Committee of the Tenth People’s Congress of Jiangsu Province on June 17, 2004, are hereby promulgated and shall enter into effect as of January 1, 2005.   June 18, 2004   Regulations of Jiangsu Province on Prevention and Control of Vessel-Induced Pollution of Inland Waters （Adopted at the Tenth Meeting of the Standing Committee of the Tenth People’s Congress of Jiangsu Province on June 17, 2004）   Chapter IGeneral Provisions Article 1 These Regulations are enacted in accordance with the laws and administrative regulations such as the Law of the People’s Republic of China on Prevention and Control of Water Pollution, in light of the specific situation of this Province, and for the purposes of protecting environment of inland waters within this Province and preventing and controlling vessel-induced pollution. Article 2 These Regulations shall be observed by ships navigating, berthing or operating in the inland waters within this Province and by all units and individuals that engage in operation activities that may affect environment of the inland waters such as ship repairing, scrapping, loading and unloading. Article 3 The local people’s government at or above the county level shall incorporate prevention and control of vessel-induced pollution into the local environmental protection plan, and adopt financial, economic and technical policies and measures that facilitate prevention and control of vessel-induced pollution. Article 4 The competent administrative department for environmental protection of the local people’s government at or above the county level shall exercise unified supervision over and administration of prevention and control of the water pollution in the inland waters. The State and the local maritime administrative organs (hereinafter referred to as the maritime administrative organs) shall, according to their respective functions and authority, be in charge of the supervision over and administration of vessel-induced pollution in the Jiangsu section of Yangtze River and other inland waters within this Province. The administrative departments for urban appearance, environment and sanitation of the local people’s government at or above the county level (hereinafter referred to as the administrative departments for urban appearance, environment and sanitation) shall be in charge of supervision over and administration of receiving, storing, transporting and treating vessel pollutants. Article 5 In preventing and controlling vessel-induced pollution, the principles of laying stress on precaution, combining prevention with control and liabilities to be born by the pollution doer shall be adhered to. All units and individuals have the obligation to protect the environment of inland waters, and have the right to supervise over and inform against any act of environmental pollution of inland waters induced by vessels. Article 6 The maritime administrative organs shall intensify publicity of the laws and regulations on prevention and control of vessel-induced pollution including these Regulations, establish publicity facilities along the banks of navigational lanes and hand out publicity materials free of charge; strengthen their efforts in supervision and inspection, implement the principle of combining penalty with education, and raise the awareness of prevention and control of pollution among on-water operators such as crew members. The maritime administrative organs and the administrative departments for urban appearance, environment and sanitation shall establish and improve the responsibility system for administrative law-enforcement in preventing and controlling the vessel-induced pollution of inland waters, perform their administrative duties according to law, enforce law in a civilized manner, provide good service, make public the complaints’ hot-line numbers, mailboxes or E-mail addresses, and deal with the reports against vessel-induced pollution without delay.   Chapter IIPrevention and Control of Vessel-Induced Pollution Article 7 The structure and equipment of a vessel shall conform to the norms, standards and requirements of the State and the Province on pollution prevention. The pollution prevention equipment of a vessel shall be normally used pursuant to the provisions, and shall not be dismantled or suspended from use without permission. Article 8 A vessel shall, in light of its category, tonnage, power and crew number, be equipped with appropriate storage containers to hold residual oil, waste oil, garbage and other harmful substance, and put them into normal use. Vessels shall intensify management of the waste water in daily life, and prevent or reduce the direct discharge of the waste water such as excrement and urine. Passenger vessels, tourist vessels and Yangtze River ferryboats shall be equipped with structural devices to hold excrement and urine, and keep them in normal use. Other vessels of not less than 30 gross tonnage shall be equipped with containers to hold excrement and urine, and keep them in normal use. The managers of tourist vessels, passenger vessels and Yangtze River ferryboats shall be responsible for the management of environmental sanitation of the vessels and for the dissemination and education of environmental sanitation among tourists (passengers). It is forbidden for tourists (passengers) to litter inland waters with garbage. Article 9 Harbors, wharfs, ship gates and on-water service areas shall, in light of the principles of preventing and controlling pollution, ensuring safety and facilitating utilization, be equipped with facilities commensurate with the loading, unloading and handling capacities to receive vessel pollutants, and strengthen the routine management and maintenance of the facilities to ensure that they are in sound condition of utilization. The units in charge of the business and management of harbors, wharfs, ship gates, ship gas stations and on-water service areas and the units engaging in such activities as ship repairing and scrapping in the inland waters, shall be responsible for removing the floating objects within their operating zones. Article 10 Vessels are forbidden to discharge waste oil, residual oil, remnants of cargoes and vessel garbage into the inland waters. During ship navigating, berthing or operating or during such activities as ship repairing or scrapping, the discharge of oil-bearing waste water, ballast water, cabin-washing water or waste water in daily life into the inland waters shall met the standards and the requirements of the State and this Province for discharge. Vessels are forbidden to discharge oil-bearing waste water, ballast water, cabin-washing water or waste water in daily life into tourist scenic areas, protecting areas of source of drinking water, and the areas around water-fetch mouths, reservoirs and other zones that need special protection. The departments and units concerned shall set up relevant signs in the zones as listed in the third paragraph that need special protection. Article 11 Pollutants and waste water induced from cleaning and washing the cabins or load or transport containers of a vessel that transports hazardous cargoes shall be collected and disposed of according to their categories, and shall not be discharged into water bodies. Article 12 Vessel-induced pollutants shall be collectively delivered to harbors, wharfs, ship gates, on-water service areas or to the units specialized in receiving vessel-induced pollutants. The harbors, wharfs, ship gates and on-water service areas in urban areas or along main navigational lanes shall be equipped with vessels for collecting vessel-induced pollutants, and shall actively collect vessel-induced pollutants within the waters under their administration or management. The local people’s government at or above the county level shall give financial support to the equipment of vessels for collecting vessel-induced pollutants. When receiving vessel-induced pollutants, the receiving unit shall make out the receipt under the unified supervision of the provincial administrative departments for urban appearance, environment and sanitation in conjunction with the maritime administrative organ. The receiving unit shall treat the received vessel-induced pollutants according to the provisions, or entrust an operative enterprise of urban appearance, environment and sanitation with the task to clean up, transport and treat the pollutants; hazardous waste shall be delivered to a unit with business license of collecting, storing and treating hazardous waste to be treated. Receiving and treating vessel-induced pollutants shall be served with compensation. The specific measures on charge of fees shall be formulated by the provincial competent authority for price in conjunction with the departments concerned. Article 13 When vessels block inland waters, the local maritime administrative organ shall, in conjunction with the departments concerned, take contingency measures to organize crew members to deliver the vessel garbage into a designated spot, and coordinate the relevant units to clean up and remove the garbage. Article 14 It is forbidden for vessels transporting hazardous cargoes to conduct gas freeing or fumigation in such waters as navigational lanes in urban areas, crowded navigable areas, ferrying zones, ship gates, big bridges or underwater channels. It is forbidden for vessels to burn garbage in inland waters or along banks of navigational lanes. Article 15 When a vessel is passing through a navigational section in urban areas or engaging in operation at an urban harbor, its muffler shall be kept in normal function, and the volume of noise emitted shall comply with the Provisions on Noise Levels on Board Inland Ships of the State. Article 16 The maritime administrative organ may, based upon the requirements for control of the atmospheric pollution and the environmental noise pollution around the navigable waters in urban areas, draft the zones and time periods forbidding vessels to navigate, and put them into implementation after promulgating with approval of the people’s government of a city divided into districts or of a county（city）. Article 17 A unit engaging in such operations as ship repairing, scrapping or salvaging in inland waters shall be equipped with corresponding pollution prevention equipment and facilities; when in operation, the unit shall take preventive measures to prevent oil, oil-based mixtures or other wasted substance from polluting water bodies. Article 18 Harbors and wharfs engaging in loading and unloading hazardous cargoes shall meet the pollution prevention requirements of the relevant State standards, and shall not be put into use until they are inspected and accepted according to the relevant provisions of the State. Article 19 When engaging in loading and unloading solid bulk hazardous cargoes, vessels, harbors or wharfs shall take preventive measures to prevent thecargoes from scattering, leaking and falling into water and causing pollution of waters; when engaging in loading and unloading bulk oil, oil-like substance or other liquid bulk hazardous cargoes, they shall lay out piping systems in a rational way, install pollution prevention equipment and facilities, and engage in operations according to the operation procedures prescribed by the State When transporting, loading or unloading dusty cargoes that may emit toxic or harmful gas, vessels shall take hermetic or other preventive measures to avoid atmospheric pollution. Article 20 Harbors and wharfs engaging in loading and unloading hazardous cargoes shall formulate contingency preplans against vessel-induced pollution accidents and be equipped with appropriate contingency facilities and apparatus. Vessels transporting oil and other hazardous cargoes shall work out contingency plans against pollution accidents, and organize drills for treating contingencies on a regular basis and constantly improve the contingency plans. The maritime administrative organs shall, in conjunction with the units concerned, work out contingency preplans against vessel-induced pollution accidents in the key waters within the regions under their administration, and implement the contingency preplans after it is reported to and approved by the local people’s governments at or above the county level. Article 21 Vessels shall truthfully make entries of the deliveries of vessel-induced pollutants in corresponding record books according to the provisions of the State, and properly keep the receipt of vessel-induced pollutants for the present voyage for check. Article 22 Systems of restricting navigable areas and elimination within a time limit shall be imposed, according to the provisions of the State and the Provincial People’s Government, upon the motor vessels and their equipment and facilities that contain low-level technology and cause serious environmental pollution.   Chapter III Treatment of Vessel-Induced Pollution Accidents   Article 23 When a vessel-induced pollution accident occurs, the vessel shall make an immediate report to the maritime administrative organ of the place where the accident occurs, and in light of the procedures and requirements prescribed by contingency plans against vessel-induced pollution accidents, take emergency measures to control and remove pollution hazards. Upon receiving the report, the maritime administrative organ shall notify without delay to the competent administrative department for environmental protection of the local people’s government and the units likely to be endangered by pollution hazards, and make investigation and deal with the case in time. Article 24 Upon receiving an accident report, the maritime administrative organ shall make response promptly in light of the contingency preplan against vessel-induced pollution accidents, and may conduct compulsory salvage, removing or towing operation by law. Where it is necessary to transfer and use pollution-eliminating equipment and vessels to take part in removing pollution, the units and the vessels concerned shall be subject to the unified command and coordination of the maritime administrative organ and the competent administrative department for environmental protection, and the vessel responsible shall bear the expense concerned. Where a major pollution accident occurs in the inland waters, the local people’s government shall be in charge of the unified organization and coordination of the work to eliminate the pollution. Article 25 Where a vessel runs aground or its cabin breaks and may cause waters pollution, the maritime administrative organ may conduct compulsory salvage, removing or towing operation by law to control and prevent damage caused by pollution hazards. Article 26 Where a vessel induce a pollution accident in fishery water bodies, it shall report without delay to the supervision and administrative department for fishery and fishing ports of the place where the said accident occurs. Upon receiving the report, the supervision and administrative department for fishery and fishing ports shall deal with the case pursuant to the relevant State provisions in time. Article 27 When the maritime administrative organ or the supervision and administrative organ for fishery and fishing ports conducts investigation against a vessel-induced pollution accident, the units and the personnel concerned shall make cooperation, and shall not obstruct or create difficulty to the investigation. A vessel which has induced a pollution accident shall not leave the harbor without permission.   Chapter IV Legal Liability   Article 28 Any vessel or unit that, in violation of the provisions of Article 7, Article 8 or Article 17 of these Regulations, fails to be equipped with the pollution prevention equipment and facilities, storage containers or structural storage devices shall be ordered to make rectification within the time limit prescribed by the maritime administrative organs; if it fails to do so, it may be fined not less than 300 yuan but not more than 3,000 yuan. Anyone vessel or unit, in violation of the provisions of Article 7, Article 8 or Article 17 of these Regulations, fails to normally use the pollution prevention equipment and facilities, storage containers or structural storage devices shall be ordered to make rectification by the maritime administrative organ, and may be fined not less than 50 yuan but not more than 500 yuan. Article 29 Any harbor, wharf, ship gate and on-water service area that, in violation of the provisions of the first paragraph of Article 9 of these Regulations, fails to be equipped with or normally use the facilities to receive vessel-induced pollutants in light of the provisions, shall be ordered to make rectification within the time limit prescribed by the administrative departments for urban appearance, environment and sanitation; if it fails to do so, it may be fined not less than 200 yuan but not more than 2000 yuan. Any unit that, in violation of the provisions of Article 12 of these Regulations, fails to receive vessel-induced pollutants or to treat the received vessel-induced pollutants in light of the provisions, shall be ordered to make rectification within the time limit prescribed by the administrative departments for urban appearance, environment and sanitation; if it fails to do so, it may be fined not less than 1,000 yuan but not more than 5,000 yuan. Where a unit engaging in receiving vessel-induced pollutants makes out a false receipt for vessel-induce pollutants, it shall be fined not less than 1,000 yuan but not more than 5,000 yuan by the administrative departments for urban appearance, environment and sanitation Article 30 Any vessel or unit that, in violation of the provisions of the second or the third paragraph of Article 10 of these Regulations, discharges in excess of the standards or discharges oil-polluted water, ballast water and cabin-washing water to the zones that need special protection, or in violation of the provisions of Article 11, discharges into the inland waters pollutants and waste water from cleaning and washing the cabin and the load and transport containers of a vessel transporting hazardous cargoes shall be ordered by the maritime administrative organ to stop the illegal act and remove the hazards, and may be fined not less than 1,000 yuan but not more than 10,000 yuan. Article 31 Any vessel that, in violation of the provisions of the first paragraph of Article 12 or Article 21 of these Regulations, fails to submit the receipt of vessel-induced pollutants for the present voyage shall be given warning by the maritime administrative organ, and may be concurrently imposed upon a fine not less than 50 yuan but not more than 500 yuan. Article 32 Any vessel that, in violation of the provisions of Article 14 of these Regulations, conducts gas freeing or fumigation or burns vessel garbage shall be ordered by the maritime administrative organ to stop the illegal act, and may be fined not less than 200 yuan but not more than 1,000 yuan. Article 33 Where a vessel induces a pollution accident in fishery water bodies, it shall be given penalties by the supervision and administrative department for fishery and fishing ports in light of the provisions of the relevant laws and regulations. Article 34 Where the competent administrative departments and the working personnel concerned neglect their duties, abuse their power or engage in malpractice for personal gain, they shall be criticized, educated and given administrative sanctions according to the seriousness of the circumstances; where a crime is constituted, they shall be investigated for criminal liability according to law.   Chapter V Supplementary Provisions   Article 35 Supervision and administration of prevention and control of pollution induced by fishery, military and sport vessels shall be implemented in accordance with the relevant provisions of the State. Supervision over and administration of prevention and control of pollution induced by vessels engaged in international voyages shall, in addition to these Regulations, observe the provisions of the relevant international covenants ratified or acceded to by our country. Article 36 The terms as used in these Regulations are defined as follows: (1) “vessels” refer to all types of displacement or non-displacement vessels rafts, seaplanes, submersibles, mobile platforms and other on-water mobile equipment. (2) “vessel-induced pollutants” refer to any substance that is likely to cause water pollution discharged into inland waters by vessels or the operations concerned (3) “vessel garbage” refers to the garbage in daily life of the crew, the slag, the materials used to pad, partition or wash cabins, and such solid wastes as the scrapped tools and the parts of machines of the vessels. Article 37 These Regulations shall enter into effect as of January 1, 2005.