Decisions of the Standing Committee of the People’s Congress of Jiangsu Province on Strengthening the Protection of Portable Water Sources
时间：2009-12-29 浏览次数：次
Announcement of the Standing Committee of the Tenth People’s Congress of Jiangsu Province
No. 146
The Decisions of the Standing Committee of the People’s Congress of Jiangsu Province on Strengthening the Protection of Portable Water Sources, adopted at the Thirty-fifth Meeting of the Standing Committee of the Tenth People’s Congress of Jiangsu Province on January 19, 2008, are hereby promulgated and shall enter into effect as of March 22, 2008.
January 19, 2008
Decisions of the Standing Committee of the People’s Congress of Jiangsu Province on Strengthening the Protection of Portable Water Sources
(Adopted at the Thirty-fifth Meeting of the Standing Committee of the Tenth
People’s Congress of Jiangsu Province on January 19, 2008)
The following decisions are made in accordance with the laws and administrative regulations such as the Water Law of the People’s Republic of China, Law of the People’s Republic of China on Prevention and Control of Water Pollution and Measures for Implementation of 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 purpose of strengthening the protection of portable water sources, safeguarding the security of portable water, maintaining people’s health and promoting the economic and social sustainable development:
1. These decisions shall apply to the protection of portable water sources where surface water is pooled for use within the administrative region of this Province.
The protection of underground portable water sources shall be carried out according to the relevant provisions of the State.
2. The local people’s government at or above the county level shall incorporate the safeguarding of portable water safety into the local national economy and social development planning and the comprehensive evaluation system of overall well-off society construction, establish and strengthen the departments’ joint action mechanism and major issue consultation mechanism for portable water sources protection, increase the input from the public finance into the protection of portable water sources and the impact of it over the adjustment of industrial structure, organize and carry out the investigation and evaluation on the safety of portable water sources and regularly carry out inspection over the implementation of the various measures formulated for the protection of portable water sources.
The administrative director shall assume full responsibility for safeguarding portable water safety. The protection of portable water sources shall be incorporated into the leader assessment contents by the local people’s government at or above the county level.
The local people’s government at or above the county level shall, according to the water quality protection target and the permissible pollution capacity of water areas set forth by the surface water (environment) functional zoning of , strictly implement the system of aggregate amount control of major water pollutant discharge so as to ensure that the water quality of portable water sources shall not be lower than Grade III environmental quality standards for surface water; where it occurs that the water quality of portable water sources is likely to be lower than Grade III standards, the competent administrative department for environmental protection shall order the relevant discharging to reduce the discharge amount or even order it o suspend the discharge in order to ensure the safety of the portable water sources.
Where the sectional transregional water quality at the boundaries of neighboring administrative regions does not meet the targets set forth for water quality protection in the surface water (environment) functional zoning, the people’s government at the county level of the upper reaches shall report to the people’s government at the higher level and circulate information to the people’s government at the county level of the lower reaches; the competent administrative department for environmental protection of the people’s government at the county level of the upper reaches shall order the discharging unit to reduce the pollutant discharge amount or suspend the pollutant discharge immediately. The people’s government at the higher level and its competent administrative department for environmental protection shall strengthen the supervision and inspection.
3. The development and reform department of the local people’s government at or above the county level shall, in conjunction with the departments such as water conservation, environmental protection, water supply, public health, national land and resources, forestry and fishery, formulate plans for ensuring the safety of portable water within their administrative region and implement such plans after reporting them to the people’s government at the corresponding level for approval. The plans to safeguard portable water safety shall include such contents as the periphery industry layouts surrounding the portable water sources, investigation appraisal on the portable water sources safety, portable water sources protection scopes and protection measures, construction of projects for transferring water for or from portable water sources, monitoring on the quality of the water in the portable water sources, and the contingent plans. The plans to safeguard portable water safety shall be formulated within six months since the day when these Decisions are enforced.
The competent department of water administration shall responsible to allocate water at the portable water sources, construction water source projects, safeguard water supply to portable water sources and impose supervision and administration on water resources at the portable water sources.
The competent administrative department for environmental protection shall be responsible to bring forth pollutant source treatment guidelines for portable water sources and implement the guidelines after reporting them to the people’s government at the corresponding level for approval; it shall also strengthen the monitoring on the environmental quality and pollutant sources around the portable water sources, and impose supervision and administration on the prevention and control of pollution at the portable water sources.
The departments of economy and trade, water supply, pubic health, national land and resources, agriculture, forestry, fishery and communications shall do well their work on portable water source protection according to the division of their functions and duties.
4. The local people’s government at or above the county level and its departments such as water supply shall, in compliance with the requirement made by the regional water supply planning approved by the provincial people’s government, promote regional water supply, enhance the construction of water supply facilities, speed up the extension of regional water supply to villages and towns, promote advanced treatment of tap water, and safeguard the security of water supply. Water supply concerning cross-region layout adjustment and construction shall be planned, coordinated and constructed in a unified way by the provincial people’s government.
5. The local people’s government at or above the county level shall strictly control the construction of any project which will affect the safety of portable water sources, strengthen the comprehensive treatment of pollution along the water transfer lines outside the portable water source protection zones and pollution in the catchment areas of lake and reservoirs; speed up environmental infrastructure construction in towns and cities and do well its work of gathering and processing domestic sewage and garbage in rural areas; vigorously develop ecological agriculture and strictly control the agricultural diffuse pollution; strengthen water conservation, wetland protection and ecological isolation belt construction, and carry out work for river dredging and ecological restoration; accelerate the construction of clear water channel and special route for tail water and promote the separation of drawing and draining water, diversion of clear and sewage water and utilization of tail water resource.
6. The opinions on setting up of portable water sources shall be brought forth by the competent water administration department of a city divided into districts or a county (city, district) in conjunction with the departments such as environmental protection and water supply in line with the surface water (environment) functional zoning and the requirement of relevant national standards and regulations after scientific verification and they shall be reported to the provincial competent water administration department after being approved by the people’s government at the corresponding level. The opinions on the setting up of portable water sources across administrative regions shall be brought forth by the relevant people’s governments after consultation and reported to the provincial competent water administration department
The portable water sources that provide water to over 200,000 people and those cross more than one city divided into districts for water intake shall be examined by the provincial competent water administration department and reported to the competent water administration department under the state council for verification and sanction; other portable water sources shall be verified and sanctioned by the provincial competent water administration department. The provincial competent water administration department shall seek advice from such departments of the province as the environmental protection and construction in the process of verification and sanction. The list of portable water sources shall be promulgated by the provincial competent water administration department.
Where a existing portable water source do not comply with the surface water (environment) functional zoning or the requirement of relevant national standards and regulations, and cannot guarantee the safety of water supply, the people’s government of a city divided into districts or a county (city, county) shall shut it down and relocate a portable water source according to these Decisions.
7. The people’s government of a city divided into districts or a county (city, county) shall strengthen the construction of alternative portable water sources to ensure water supply under emergent situation. The regions with suitable conditions shall construct two or more portable water sources with relatively independent control of intakes; those without suitable conditions to construct two or more portable water sources with relatively independent control of intakes shall sign an agreement with the neighboring regions for using their portable water sources under emergent situations and connect their water supply pipelines into a network.
The people’s government at or above the county level shall reserve the large or middle-sized reservoirs with water of good quality and stable quantity, important river ways and lakes as potential portable water sources for future regional development and protect them according to requirements set by the surface water (environment) functional zoning for portable water sources.
8. The people’s government at or above the county level shall establish the monitoring, precaution and forecast system for the water quality of the portable water sources and the monitoring information release system. The competent administrative department of environmental protection shall strengthen monitoring on the quality of the environment around the portable water sources, and release information on the environment situation according to law. The competent water administration department shall strengthen monitoring on the quantity and quality of water in the portable water sources and release hydrological information or forecast according to law. Where the competent department of environmental protection or water administration finds out that the quality and quantity of water in the portable water sources do not meet the standards provided by the State, it shall report to the relevant local people’s government in a timely manner and promptly notify the relevant departments and the water supply units which may be affected by the situation.
The local people’s government at or above the county level shall organize the departments such as water conservancy, environmental protection, and water supply units to establish the system of daily surveillance of portable water sources. Any act that may affect the safety of portable water sources found in the surveillance shall be ordered to stop immediately and be dealt with by the relevant departments according to law.
Where the emergent case such as a water pollution accident or a natural disaster occurs and the normal water supply is affected, the local people’s government at or above the county level and its relevant departments shall immediately launch the contingent plans, take rapid measures and release information to the public.
9. Some water areas and land-based areas of portable water sources shall, in light of the characteristics of different water areas and the protection requirements, be designated into portable water source protection zones and portable water source quasi-protection zones. The portable water source protection zones include Grade I and II protection zones. Grade I and II protection zones and the portable water source quasi-protection zones shall not be smaller than the following areas:
1) the main stream of the Yangtze River: the water areas and land-based areas within 500 meters upper stream and 500 meters down stream from the water intake and 500 meters from the opposite bank to 100 meters from the levee toe of the downstream slope of this bank are Grade I protection zones; the water areas and land-based areas within 1500 meters upper stream and 500 meters down stream from Grade I protection zone are Grade II protection zones; the water areas and land-based areas within 2000 meters upper stream and 1000 meters down stream of Grade II protection zones are the quasi-protection zones.
2) other river ways: the water areas and land-based areas within 1000 meters upper stream and 500 meters down stream from the water intake and 100 meters at both sides of the bank from the levee toes of the downstream slopes are Grade I protection zones; the water areas and land-based areas within 2000 meters upper stream and 500 meters down stream from Grade I protection zones are Grade II protection zones; the water areas and land-based areas within 2000 meters upper stream and 1000 meters down stream from Grade II protection zones are the quasi-protection zones.
3) the lakes and large or medium sized reservoirs under the administration of the Province：the areas circling the water intake with a radius of 500 hundred meters are Grade I protection zones; the areas 1000 meters outside Grade I protection zones are Grade II protection zones; the areas 1000 meters outside Grade II protection zone are quasi-protection zones.
4) small sized reservoir: the whole water areas are Grade I protection zones and the areas for water collection is Grade II protection zones.
5) for river ways crossing areas designated as portable water source protection zones, the water areas and land-based areas which cover 2000 meters upper stream from the crossing and 100 meters at both sides of the bank from the levee toes of the downstream slopes of the banks are designated as Grade II protection zones.
The designation of portable water source protection zones and quasi protection zones which cross more than one administrative region shall be carried out in compliance with the law on prevention and control of water pollution and its implementation measures.
The people’s government of a city divided into districts or a county (city, district) shall, within six months since the day these decisions enter into effect, formulate a plan for designation of portable water source protection zones and quasi-protection zones in its administrative region, and promulgate it after it is approved by the provincial people’s government. The local people’s government shall establish obvious geographic landmark and warning signs in the portable water source protection zones and quasi-protection zones and make clear the protection scope and requirements.
10.The following acts are forbidden in the portable water source quasi protection zones:
1) building or expanding the construction projects that will discharge persistent organic pollutants and pollutants such as hydrargyrum, cadmium, lead, arsenic, sulfur, chromium, and cyanide;
2) building or expanding construction projects such as chemical pulp and paper mill, tannery, electroplating mill, printing wiring board, printing and dyeing mill, dyeing material, oil refining, coking, pesticide, asbestos, cement, glass production, and smelting;
3) discharging pollutants which are on the list promulgated by the provincial people’s government for organic poisons control;
4) building golf course, waste recycling (processing) plants, warehouse and storage of poisonous and hazardous articles or setting up coal storage yard, ash yard and refuse landfill.
5) building and expanding other construction projects that will seriously pollute the water body or engaging in other acts which are forbidden by laws and regulations.
The projects rebuilt in the portable water source quasi-protection zones shall reduce pollutant discharge.
11. In addition to the acts which are forbidden as provided in Article 10, the following acts are forbidden in Grade II portable water source protection zones:
1) setting up sewage outlets;
2) loading or unloading dangerous chemicals or bulk products such as coal, ore and cement;
3) setting up dining or entertainment facilities (establishments) above water, producing, repairing and scraping vessels and vehicles or quarrying sand and fetching earth within the water areas;
4) enclosing river ways and bottomland for cultivation, engaging in cultivation with nets or floating net-cages, or setting centralized livestock and poultry farms and slaughter houses;
5) building, rebuilding or expanding other construction projects which will discharge pollutants, or engaging in other acts which are forbidden by laws and regulations;
Anyone who engages in business operations such as tourism in Grade II portable water source protection zones shall take measures to prevent the pollution of the water body of the portable water sources.
12. In addition to the acts which are forbidden as provided in Article 10 and Article 11, in Grade I portable water source protection zones, the following acts are forbidden such as building, rebuilding or expanding other construction projects which are not water supply or water protection facilities, growing crops on the bottomland and bank slopes, setting up nets or kiddles for fishing or fishing in other ways, berthing ships and rafts, or engaging in traveling, swimming and angling or other acts that may contaminate the water body of portable water.
13. Anyone who, in violation of these decisions, sets up sewage outlets in Grade I portable water source protection zones, builds, rebuilds or expands construction projects which are not water supply or water protection facilities, sets up sewage outlets in Grade II portable water source protection zones, and builds, rebuilds or expands construction projects which discharge pollutants, builds or expands in the portable water source quasi-protection zones construction projects and facilities which may seriously pollute the water body, or fails to reduce the pollutant discharge when rebuilding the projects shall be ordered by the local people’s government at or about the county level to dismantled, shut down or removed his facilities, and the local people’s government at or above the county level or its competent department of environmental protection or water administration shall impose a penalty on him according to the provisions of laws and regulations.
Before the enforcement of these Decisions, the construction projects and facilities which, already built in Grade I portable water source protection zones, are not water supply or water protection facilities and the sewage outlets already built in the portable water source protection zones shall be dismantled, shut down or removed within one year since the day these decisions enter into effect; the construction projects and facilities which, built in Grade II portable water source protection zones, discharge pollutants and those which, built in the portable water source quasi-protection zones, seriously pollute the water body, can not discharge sewage up to the standards or cannot divert the sewage into the centralized treatment facilities shall be dismantled, shut down or removed within two years since the day these Decisions enter into effect. The local people’s government at or above the county level shall organize the implementation of the specific work.
14. Any one who, in violation of these Decisions, commits one of the following acts shall be ordered by the departments such as the environmental protection, water conservancy, fisheries and harbor administration or marine affairs administration organ to stop the illegal act in light of their respective functions and duties, and a penalty shall be imposed according to following provisions:
1) any one who builds waste recycling (processing) plants and warehouses and storing yards for poisonous and hazardous articles and sets up coal storage yards, ash yards and refuse landfills in the portable water source protection zones and quasi-protection zones, or loads or unloads dangerous chemicals or bulk products such as coal, ore and cement in the portable water source protection zones shall be imposed on a fine of not less than RMB 30,000 yuan but not more than RMB 100,000 yuan;
2) any one who discharges pollutants which are on the list promulgated by the provincial people’s government for organic poisons control in portable water source protection zones and quasi-protection zones shall be imposed on a fine of not less than RMB 50,000 yuan but not more than RMB 200,000 yuan;
3) any one who engages in aquaculture in Grade II portable water source protection zones with nets or floating net-cages shall be ordered to dismantle the illegal facilities and be imposed on a fine of not less than RMB 3000 yuan but not more than RMB 10,000 yuan;
4) any one who grows crops on the bottomland and bank slopes, sets up nets or kiddles for fishing or fishes in other ways or berths ships and rafts shall be imposed on a fine of not less than RMB 1000 and not more than RMB 5000.
15. The local people’s government at or above the county level which does not perform its duties according to law and thus causes safety accidents in the portable water sources shall be criticized by circular by the people’s government at the next higher level and the person mainly in charge shall be given administrative sanctions according to law.
Where the local people’s government at or above the county level or its relevant departments commit any one of the following acts, the person directly in charge and other person directly responsible shall be given an administrative sanctions according to law:
1) not reporting to the people’s government at the higher level or circulating information to people’s government at the county level in the lower reaches when the sectional transregional water quality on the boundaries of neighboring administrative regions does not meet the targets set forth for water quality protection in the surface water (environment) functional zoning;
2) examining and approving construction projects in violation of the laws;
3) not dismantling, shutting down or removing construction projects and facilities according to these Decisions;
4) not taking emergency measures or not releasing information to the public in a timely manner when such emergent situations as water pollution accidents and natural disasters occur;
5) other acts of abusing powers, neglecting duties and engaging in malpractice for personal gains.
16. These Decisions shall enter into effect as of March 22, 2008.
No. 146
The Decisions of the Standing Committee of the People’s Congress of Jiangsu Province on Strengthening the Protection of Portable Water Sources, adopted at the Thirty-fifth Meeting of the Standing Committee of the Tenth People’s Congress of Jiangsu Province on January 19, 2008, are hereby promulgated and shall enter into effect as of March 22, 2008.
January 19, 2008
Decisions of the Standing Committee of the People’s Congress of Jiangsu Province on Strengthening the Protection of Portable Water Sources
(Adopted at the Thirty-fifth Meeting of the Standing Committee of the Tenth
People’s Congress of Jiangsu Province on January 19, 2008)
The following decisions are made in accordance with the laws and administrative regulations such as the Water Law of the People’s Republic of China, Law of the People’s Republic of China on Prevention and Control of Water Pollution and Measures for Implementation of 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 purpose of strengthening the protection of portable water sources, safeguarding the security of portable water, maintaining people’s health and promoting the economic and social sustainable development:
1. These decisions shall apply to the protection of portable water sources where surface water is pooled for use within the administrative region of this Province.
The protection of underground portable water sources shall be carried out according to the relevant provisions of the State.
2. The local people’s government at or above the county level shall incorporate the safeguarding of portable water safety into the local national economy and social development planning and the comprehensive evaluation system of overall well-off society construction, establish and strengthen the departments’ joint action mechanism and major issue consultation mechanism for portable water sources protection, increase the input from the public finance into the protection of portable water sources and the impact of it over the adjustment of industrial structure, organize and carry out the investigation and evaluation on the safety of portable water sources and regularly carry out inspection over the implementation of the various measures formulated for the protection of portable water sources.
The administrative director shall assume full responsibility for safeguarding portable water safety. The protection of portable water sources shall be incorporated into the leader assessment contents by the local people’s government at or above the county level.
The local people’s government at or above the county level shall, according to the water quality protection target and the permissible pollution capacity of water areas set forth by the surface water (environment) functional zoning of , strictly implement the system of aggregate amount control of major water pollutant discharge so as to ensure that the water quality of portable water sources shall not be lower than Grade III environmental quality standards for surface water; where it occurs that the water quality of portable water sources is likely to be lower than Grade III standards, the competent administrative department for environmental protection shall order the relevant discharging to reduce the discharge amount or even order it o suspend the discharge in order to ensure the safety of the portable water sources.
Where the sectional transregional water quality at the boundaries of neighboring administrative regions does not meet the targets set forth for water quality protection in the surface water (environment) functional zoning, the people’s government at the county level of the upper reaches shall report to the people’s government at the higher level and circulate information to the people’s government at the county level of the lower reaches; the competent administrative department for environmental protection of the people’s government at the county level of the upper reaches shall order the discharging unit to reduce the pollutant discharge amount or suspend the pollutant discharge immediately. The people’s government at the higher level and its competent administrative department for environmental protection shall strengthen the supervision and inspection.
3. The development and reform department of the local people’s government at or above the county level shall, in conjunction with the departments such as water conservation, environmental protection, water supply, public health, national land and resources, forestry and fishery, formulate plans for ensuring the safety of portable water within their administrative region and implement such plans after reporting them to the people’s government at the corresponding level for approval. The plans to safeguard portable water safety shall include such contents as the periphery industry layouts surrounding the portable water sources, investigation appraisal on the portable water sources safety, portable water sources protection scopes and protection measures, construction of projects for transferring water for or from portable water sources, monitoring on the quality of the water in the portable water sources, and the contingent plans. The plans to safeguard portable water safety shall be formulated within six months since the day when these Decisions are enforced.
The competent department of water administration shall responsible to allocate water at the portable water sources, construction water source projects, safeguard water supply to portable water sources and impose supervision and administration on water resources at the portable water sources.
The competent administrative department for environmental protection shall be responsible to bring forth pollutant source treatment guidelines for portable water sources and implement the guidelines after reporting them to the people’s government at the corresponding level for approval; it shall also strengthen the monitoring on the environmental quality and pollutant sources around the portable water sources, and impose supervision and administration on the prevention and control of pollution at the portable water sources.
The departments of economy and trade, water supply, pubic health, national land and resources, agriculture, forestry, fishery and communications shall do well their work on portable water source protection according to the division of their functions and duties.
4. The local people’s government at or above the county level and its departments such as water supply shall, in compliance with the requirement made by the regional water supply planning approved by the provincial people’s government, promote regional water supply, enhance the construction of water supply facilities, speed up the extension of regional water supply to villages and towns, promote advanced treatment of tap water, and safeguard the security of water supply. Water supply concerning cross-region layout adjustment and construction shall be planned, coordinated and constructed in a unified way by the provincial people’s government.
5. The local people’s government at or above the county level shall strictly control the construction of any project which will affect the safety of portable water sources, strengthen the comprehensive treatment of pollution along the water transfer lines outside the portable water source protection zones and pollution in the catchment areas of lake and reservoirs; speed up environmental infrastructure construction in towns and cities and do well its work of gathering and processing domestic sewage and garbage in rural areas; vigorously develop ecological agriculture and strictly control the agricultural diffuse pollution; strengthen water conservation, wetland protection and ecological isolation belt construction, and carry out work for river dredging and ecological restoration; accelerate the construction of clear water channel and special route for tail water and promote the separation of drawing and draining water, diversion of clear and sewage water and utilization of tail water resource.
6. The opinions on setting up of portable water sources shall be brought forth by the competent water administration department of a city divided into districts or a county (city, district) in conjunction with the departments such as environmental protection and water supply in line with the surface water (environment) functional zoning and the requirement of relevant national standards and regulations after scientific verification and they shall be reported to the provincial competent water administration department after being approved by the people’s government at the corresponding level. The opinions on the setting up of portable water sources across administrative regions shall be brought forth by the relevant people’s governments after consultation and reported to the provincial competent water administration department
The portable water sources that provide water to over 200,000 people and those cross more than one city divided into districts for water intake shall be examined by the provincial competent water administration department and reported to the competent water administration department under the state council for verification and sanction; other portable water sources shall be verified and sanctioned by the provincial competent water administration department. The provincial competent water administration department shall seek advice from such departments of the province as the environmental protection and construction in the process of verification and sanction. The list of portable water sources shall be promulgated by the provincial competent water administration department.
Where a existing portable water source do not comply with the surface water (environment) functional zoning or the requirement of relevant national standards and regulations, and cannot guarantee the safety of water supply, the people’s government of a city divided into districts or a county (city, county) shall shut it down and relocate a portable water source according to these Decisions.
7. The people’s government of a city divided into districts or a county (city, county) shall strengthen the construction of alternative portable water sources to ensure water supply under emergent situation. The regions with suitable conditions shall construct two or more portable water sources with relatively independent control of intakes; those without suitable conditions to construct two or more portable water sources with relatively independent control of intakes shall sign an agreement with the neighboring regions for using their portable water sources under emergent situations and connect their water supply pipelines into a network.
The people’s government at or above the county level shall reserve the large or middle-sized reservoirs with water of good quality and stable quantity, important river ways and lakes as potential portable water sources for future regional development and protect them according to requirements set by the surface water (environment) functional zoning for portable water sources.
8. The people’s government at or above the county level shall establish the monitoring, precaution and forecast system for the water quality of the portable water sources and the monitoring information release system. The competent administrative department of environmental protection shall strengthen monitoring on the quality of the environment around the portable water sources, and release information on the environment situation according to law. The competent water administration department shall strengthen monitoring on the quantity and quality of water in the portable water sources and release hydrological information or forecast according to law. Where the competent department of environmental protection or water administration finds out that the quality and quantity of water in the portable water sources do not meet the standards provided by the State, it shall report to the relevant local people’s government in a timely manner and promptly notify the relevant departments and the water supply units which may be affected by the situation.
The local people’s government at or above the county level shall organize the departments such as water conservancy, environmental protection, and water supply units to establish the system of daily surveillance of portable water sources. Any act that may affect the safety of portable water sources found in the surveillance shall be ordered to stop immediately and be dealt with by the relevant departments according to law.
Where the emergent case such as a water pollution accident or a natural disaster occurs and the normal water supply is affected, the local people’s government at or above the county level and its relevant departments shall immediately launch the contingent plans, take rapid measures and release information to the public.
9. Some water areas and land-based areas of portable water sources shall, in light of the characteristics of different water areas and the protection requirements, be designated into portable water source protection zones and portable water source quasi-protection zones. The portable water source protection zones include Grade I and II protection zones. Grade I and II protection zones and the portable water source quasi-protection zones shall not be smaller than the following areas:
1) the main stream of the Yangtze River: the water areas and land-based areas within 500 meters upper stream and 500 meters down stream from the water intake and 500 meters from the opposite bank to 100 meters from the levee toe of the downstream slope of this bank are Grade I protection zones; the water areas and land-based areas within 1500 meters upper stream and 500 meters down stream from Grade I protection zone are Grade II protection zones; the water areas and land-based areas within 2000 meters upper stream and 1000 meters down stream of Grade II protection zones are the quasi-protection zones.
2) other river ways: the water areas and land-based areas within 1000 meters upper stream and 500 meters down stream from the water intake and 100 meters at both sides of the bank from the levee toes of the downstream slopes are Grade I protection zones; the water areas and land-based areas within 2000 meters upper stream and 500 meters down stream from Grade I protection zones are Grade II protection zones; the water areas and land-based areas within 2000 meters upper stream and 1000 meters down stream from Grade II protection zones are the quasi-protection zones.
3) the lakes and large or medium sized reservoirs under the administration of the Province：the areas circling the water intake with a radius of 500 hundred meters are Grade I protection zones; the areas 1000 meters outside Grade I protection zones are Grade II protection zones; the areas 1000 meters outside Grade II protection zone are quasi-protection zones.
4) small sized reservoir: the whole water areas are Grade I protection zones and the areas for water collection is Grade II protection zones.
5) for river ways crossing areas designated as portable water source protection zones, the water areas and land-based areas which cover 2000 meters upper stream from the crossing and 100 meters at both sides of the bank from the levee toes of the downstream slopes of the banks are designated as Grade II protection zones.
The designation of portable water source protection zones and quasi protection zones which cross more than one administrative region shall be carried out in compliance with the law on prevention and control of water pollution and its implementation measures.
The people’s government of a city divided into districts or a county (city, district) shall, within six months since the day these decisions enter into effect, formulate a plan for designation of portable water source protection zones and quasi-protection zones in its administrative region, and promulgate it after it is approved by the provincial people’s government. The local people’s government shall establish obvious geographic landmark and warning signs in the portable water source protection zones and quasi-protection zones and make clear the protection scope and requirements.
10.The following acts are forbidden in the portable water source quasi protection zones:
1) building or expanding the construction projects that will discharge persistent organic pollutants and pollutants such as hydrargyrum, cadmium, lead, arsenic, sulfur, chromium, and cyanide;
2) building or expanding construction projects such as chemical pulp and paper mill, tannery, electroplating mill, printing wiring board, printing and dyeing mill, dyeing material, oil refining, coking, pesticide, asbestos, cement, glass production, and smelting;
3) discharging pollutants which are on the list promulgated by the provincial people’s government for organic poisons control;
4) building golf course, waste recycling (processing) plants, warehouse and storage of poisonous and hazardous articles or setting up coal storage yard, ash yard and refuse landfill.
5) building and expanding other construction projects that will seriously pollute the water body or engaging in other acts which are forbidden by laws and regulations.
The projects rebuilt in the portable water source quasi-protection zones shall reduce pollutant discharge.
11. In addition to the acts which are forbidden as provided in Article 10, the following acts are forbidden in Grade II portable water source protection zones:
1) setting up sewage outlets;
2) loading or unloading dangerous chemicals or bulk products such as coal, ore and cement;
3) setting up dining or entertainment facilities (establishments) above water, producing, repairing and scraping vessels and vehicles or quarrying sand and fetching earth within the water areas;
4) enclosing river ways and bottomland for cultivation, engaging in cultivation with nets or floating net-cages, or setting centralized livestock and poultry farms and slaughter houses;
5) building, rebuilding or expanding other construction projects which will discharge pollutants, or engaging in other acts which are forbidden by laws and regulations;
Anyone who engages in business operations such as tourism in Grade II portable water source protection zones shall take measures to prevent the pollution of the water body of the portable water sources.
12. In addition to the acts which are forbidden as provided in Article 10 and Article 11, in Grade I portable water source protection zones, the following acts are forbidden such as building, rebuilding or expanding other construction projects which are not water supply or water protection facilities, growing crops on the bottomland and bank slopes, setting up nets or kiddles for fishing or fishing in other ways, berthing ships and rafts, or engaging in traveling, swimming and angling or other acts that may contaminate the water body of portable water.
13. Anyone who, in violation of these decisions, sets up sewage outlets in Grade I portable water source protection zones, builds, rebuilds or expands construction projects which are not water supply or water protection facilities, sets up sewage outlets in Grade II portable water source protection zones, and builds, rebuilds or expands construction projects which discharge pollutants, builds or expands in the portable water source quasi-protection zones construction projects and facilities which may seriously pollute the water body, or fails to reduce the pollutant discharge when rebuilding the projects shall be ordered by the local people’s government at or about the county level to dismantled, shut down or removed his facilities, and the local people’s government at or above the county level or its competent department of environmental protection or water administration shall impose a penalty on him according to the provisions of laws and regulations.
Before the enforcement of these Decisions, the construction projects and facilities which, already built in Grade I portable water source protection zones, are not water supply or water protection facilities and the sewage outlets already built in the portable water source protection zones shall be dismantled, shut down or removed within one year since the day these decisions enter into effect; the construction projects and facilities which, built in Grade II portable water source protection zones, discharge pollutants and those which, built in the portable water source quasi-protection zones, seriously pollute the water body, can not discharge sewage up to the standards or cannot divert the sewage into the centralized treatment facilities shall be dismantled, shut down or removed within two years since the day these Decisions enter into effect. The local people’s government at or above the county level shall organize the implementation of the specific work.
14. Any one who, in violation of these Decisions, commits one of the following acts shall be ordered by the departments such as the environmental protection, water conservancy, fisheries and harbor administration or marine affairs administration organ to stop the illegal act in light of their respective functions and duties, and a penalty shall be imposed according to following provisions:
1) any one who builds waste recycling (processing) plants and warehouses and storing yards for poisonous and hazardous articles and sets up coal storage yards, ash yards and refuse landfills in the portable water source protection zones and quasi-protection zones, or loads or unloads dangerous chemicals or bulk products such as coal, ore and cement in the portable water source protection zones shall be imposed on a fine of not less than RMB 30,000 yuan but not more than RMB 100,000 yuan;
2) any one who discharges pollutants which are on the list promulgated by the provincial people’s government for organic poisons control in portable water source protection zones and quasi-protection zones shall be imposed on a fine of not less than RMB 50,000 yuan but not more than RMB 200,000 yuan;
3) any one who engages in aquaculture in Grade II portable water source protection zones with nets or floating net-cages shall be ordered to dismantle the illegal facilities and be imposed on a fine of not less than RMB 3000 yuan but not more than RMB 10,000 yuan;
4) any one who grows crops on the bottomland and bank slopes, sets up nets or kiddles for fishing or fishes in other ways or berths ships and rafts shall be imposed on a fine of not less than RMB 1000 and not more than RMB 5000.
15. The local people’s government at or above the county level which does not perform its duties according to law and thus causes safety accidents in the portable water sources shall be criticized by circular by the people’s government at the next higher level and the person mainly in charge shall be given administrative sanctions according to law.
Where the local people’s government at or above the county level or its relevant departments commit any one of the following acts, the person directly in charge and other person directly responsible shall be given an administrative sanctions according to law:
1) not reporting to the people’s government at the higher level or circulating information to people’s government at the county level in the lower reaches when the sectional transregional water quality on the boundaries of neighboring administrative regions does not meet the targets set forth for water quality protection in the surface water (environment) functional zoning;
2) examining and approving construction projects in violation of the laws;
3) not dismantling, shutting down or removing construction projects and facilities according to these Decisions;
4) not taking emergency measures or not releasing information to the public in a timely manner when such emergent situations as water pollution accidents and natural disasters occur;
5) other acts of abusing powers, neglecting duties and engaging in malpractice for personal gains.
16. These Decisions shall enter into effect as of March 22, 2008.