Announcement of the Standing Committee of the Eleventh People’s Congress of Jiangsu Province

No.63

The Decisions of the Standing Committee of the People’s Congress of Jiangsu Province on the Amendment of the Regulations of Jiangsu Province on the Prevention and Control of Water Pollution of the Yangtze River, adopted at the Seventeenth Meeting of the Standing Committee of the Eleventh People’s Congress of Jiangsu Province on September 29, 2010, are hereby promulgated and shall enter into effect as of November 1, 2010.

September 29, 2010

Regulations of Jiangsu Province on the Prevention and Control of Water Pollution of the Yangtze River

(Adopted at the Thirteenth Meeting of the Standing Committee of the Tenth People’s Congress of Jiangsu Province on December 17, 2004, amended according to the Decisions on the Amendment of the Regulations of Jiangsu Province on the Prevention and Control of Water Pollution of the Yangtze River at the Seventeenth Meeting of the Standing Committee of the Eleventh People’s Congress of Jiangsu Province on September 29, 2010)

Chapter I General Provisions

Article 1 These Regulations are enacted in accordance with the Law of the People’s Republic of China on the Prevention and Control of Water Pollution and other relevant laws and administrative regulations, in light of the actual situation of this Province, and for the purposes of preventing and controlling water pollution of the Yangtze River, safeguarding people"s health, protecting ecological environment and promoting the sustainable development of the economy and the society.

Article 2 These Regulations shall apply to the prevention and control of the water pollution of the main stream water body of the Yangtze River within the administrative region of this Province and the surface water bodies, such as rivers, lakes, canals, channels and reservoirs in the areas along the Yangtze River, which affect the water quality of the main stream of the Yangtze River.

Article 3 The people"s government of this Province and the people"s governments at various levels in the areas along the Yangtze River shall establish a scientific outlook on development, maintain the principal of giving priority to the protection of ecological environment, implement the policy of giving priority to prevention, combining prevention with control, adopting comprehensive improvement and promoting development, adhere to the rule of planning first and developing later, conducting environment evaluation first and setting up project later and combining the protection with the development.

Article 4  The  competent department of environment protection of the provincial people"s government and the competent departments of environment protection of the people"s governments at or above the county level in the areas along the Yangtze River shall conduct unified supervision and administration of the prevention and control of the water pollution in their respective administrative regions.

Such departments as development and reform, economy and trade, water resources, health, construction (planning), transportation ( maritime affairs ), agriculture, forestry, public security, ocean and fishery shall, in accordance with their respective responsibilities and duties, do well the relevant work of conducting  supervision and administration of the prevention and control of the water pollution.

Article 5 The provincial people"s government and the people"s governments at various levels in the areas along the Yangtze River shall incorporate the prevention and control of the water pollution of the Yangtze River into the national economy and social  development planning, increase the investment into the  prevention and control of the water pollution and guarantee the demand of the prevention and control of the water pollution; and shall improve the level of the prevention and control of the water pollution by the science and technology improvement, protect and improve the quality of water environment.

Article 6 The provincial competent department of environment protection shall, in junction with such provincial departments as development and reform, water resources, construction and the people"s governments of cities divided into districts in the areas along the Yangtze River, formulate the plan for the prevention and control of the water pollution of Yangtze River and submit it to the provincial people"s government for approval.

The formulation of economic development plans for the areas along the Yangtze River and any kind of development and construction activity in these areas shall comply with the plan for the prevention and control of the water pollution of the Yangtze River.

Article 7 The provincial people"s government and the people"s governments at various levels in the areas along the Yangtze River shall carefully organize the implementation of the plan for the prevention and control of the water pollution of Yangtze River, rationally distribute productive forces, optimize the industrial structure, promote the clean production and develop the circular economy.

Article 8 The responsibility system for attainment of water quality standards in surface water (environment) function zones and the responsibility system for transition of sectional quality for water body at the upper and lower reaches on the boundaries of administrative regions shall be implemented in the areas along the Yangtze River and incorporated into the targets that a government shall attain during its term on environment protection.

The provincial people"s government shall implement the responsibility system for attainment of water quality standards in surface water (environment) function zones and the responsibility system for transition of sectional quality for water body at the upper and lower reaches on the boundaries of administrative regions within two years since the implementation of these Regulations.

The people in charge of the people"s governments at or above the county level in the areas along the Yangtze River shall take the main responsibility for the targets that a government shall attain during its term on environment protection. The accomplishment of the targets a government shall attain during its term on environmental protection shall be the important contents for assessing and evaluating the political achievements of the people in charge.

The people"s governments at or above the county level in the areas along the Yangtze River shall report the prevention and control of the water pollution, the protection of water quality and the change of water quality on a regular basis to the people"s governments at the next higher level and the people"s congresses at the corresponding level or their standing committees.

Article 9 The people"s governments at or above the county level in the areas along the Yangtze River or the provincial competent department of environment protection shall commend and award the units or individuals that have made outstanding achievements in the work of the prevention and control of water pollution of the Yangtze River.

Chapter II Supervision and Administration

Article 10 The provincial people"s government shall establish the coordination mechanism for the prevention and control of the water pollution of the Yangtze River, organize and coordinate the major events of the prevention and control of water pollution of the Yangtze River and the provincial competent department of environment protection shall be responsible for the relevant daily work.

Article 11 When organizing the formulation of the relevant planning on land use and the construction, development and utilization planning for the region or the  basin, the provincial people’s government, the people"s governments at or above the county level in the areas along the Yangtze River and their relevant departments shall organize the environment impact assessment in the planning formulation process and compose chapters or explanation on the environmental impact that will result from the planning. Where such chapters or explanation on the environmental impact are not prepared in the planning draft, the examination and approval organ shall not approve it.

When the provincial people’s government, the people"s governments at or above the county level in the areas along the Yangtze River and their relevant departments organize the formulation of the relevant special planning for industry, agriculture, fishery, pasturage, forestry, energy, water resources, transportation, city construction, tourism and natural resources exploitation, they shall, before submitting the draft of the special planning for examination and approval, organize environmental impact assessment and submit environmental impact report to the organ in charge of examining and approving the special planning. Where such environmental impact report is not submitted, the examination and approval organ shall not approve it.

Article 12 The construction units of the construction projects to be built, renovated or expanded in the areas along the Yangtze River shall consult the competent department of environment protection about such items as whether the construction projects comply with the laws and policies on environment protection before they go through the examination and approval procedures. The competent department of environment protection shall respond to the consultation within 7 days and shall not collect any fee.

The pollutant discharge outlets to be built, renovated or expanded in the rivers or lakes shall be approved by the competent administrative department of water with jurisdiction.  After getting the approval of the competent administrative department of water, the construction units shall submit the opinion of the competent administrative department of water on setting up the pollutant discharge outlets while they submit the environmental impact report to the competent department of environment protection. Where such opinion of the competent administrative department of water on setting up the pollutant discharge outlets is not submitted, the competent department of environment protection shall not examine and approve the environmental impact report.

Article 13 Any project with serious pollution is prohibited to be constructed in the areas along the Yangtze River. The provincial departments of development and reform and the comprehensive management department of economy and trade shall, in conjunction with the provincial competent department of environment protection, formulate and promulgate the detailed catalog and supervise its implementation.

The petroleum and chemistry projects to be built, renovated or expanded in the areas along the Yangtze River shall comply with the requirement of the provincial overall development planning for the areas along the Yangtze River and the overall planning for cities. The petroleum and chemistry projects are restricted to be built, renovated or expanded outside the specific areas determined in the provincial overall development planning for the areas along the Yangtze River and the overall planning for cities; Where it is definitely necessary to construct such a project, its environmental impact assessment document shall be approved by the provincial competent department of environment protection.

Article 14 The people"s governments at various levels in the areas along the Yangtze River shall take measures to guide industrial enterprises to move into the development zones and strictly control the establishment of new industrial enterprises outside the development zones.

The projects of high technology, good economic results, low resource consumption and low environment pollution and the projects of high degree of association and long industrial chain shall be  encouraged to enter the development zones. Development of circular economy shall be encouraged and guided.

The competent departments of environment protection in the areas along the Yangtze River shall strengthen their supervision and administration of the environment condition of all kinds of development zones and perform their duties on environment protection according to law.

Article 15 The provincial competent department of environment protection shall, in junction with the department of quality and technology supervision and according to the need for water quality protection in the areas along the Yangtze River, formulate such local standards for water pollutant discharge as the water environment quality standard and the organic poisons discharge standard and implement them after reporting them to the provincial people’s government for approval.

Article 16 The competent departments of environment protection in the areas along the Yangtze River shall, in conjunction with the relevant departments, formulate contingent plans for rapid response to water pollution accidents and implement the plans after reporting them to the people’s governments at the corresponding level for approval.

Article 17 The provincial competent environmental protection department shall be responsible for organizing water quality monitoring network in the areas along the Yangtze River and establishing water quality monitoring precaution and rapid response system so as to increase the ability of monitoring, rapid handling, analyzing and information processing and transmitting.

The cities divided into districts and their competent departments of environment protection shall be responsible for monitoring the water quality in the areas along the Yangtze River and submitting the monitoring data and the analysis report of water quality to the provincial competent department of environment protection on a regular basis.

The competent administrative department of water shall, according to the provisions of the laws and regulations on administration of water resources, strengthen its supervision of the water quality in the water function zones in the areas along the Yangtze River.

Article 18 The provincial competent  department of environment protection shall formulate a plan to establish the pollution monitoring system and set up the automatic water pollution monitoring system at junctures of the administrative regions of cities divided into districts, cities and districts, major river mouths, river parts of key protection, major pollutant discharge outlets in the areas along the Yangtze River, and the fund that is needed for the construction and operation of the automatic monitoring system shall be incorporated into the budgets of the department by the provincial financial department.

The monitoring data of the automatic water pollution monitoring system at junctures of the administrative regions of cities divided into districts, cities and districts shall be the data of the standard of sectional quality for water body at the upper and lower reaches on the boundaries of administrative regions in the areas along the Yangtze River. The relevant monitoring results shall be submitted to the provincial people"s government, circulated to the relevant local people"s governments and the relevant provincial departments and shall be made known to the public on a regular basis.

Article 19 The major pollutant discharge units in the areas along the Yangtze River shall set up pollutant discharge outlets according to the provisions, set up the automatic pollutant source monitoring devices which shall be connected to the network of the local competent department of environment protection and ensure their normal running.

Any unit or individual shall not leave idle or dismantle the facilities for preventing and controlling water pollution and the automatic pollutant source monitoring devices without approval of the competent department of environment protection.

The data collected by the automatic pollutant source monitoring devices can be used as the factual base for the competent department of environment pollution to enforce laws.

Article 20 Where the dispute over environment occur between neighboring administrative regions because the transregional water quality fails to meet the control target, the relevant local people’s governments shall settle the dispute through negotiation; where negotiation fails, the dispute shall be coordinated and solved by the people’s government at the next higher level of the both local people"s governments.

Where the sectional quality for water body at the upper and lower reaches on the boundaries of administrative regions fails to meet the prescribed water quality control target due to water pollution accidents or ineffective control, the relevant local people’s government shall take measures to ensure the sectional quality for water body at the upper and lower reaches on the boundaries of administrative regions to meet the prescribed water quality control target.

Article 21  Where the function of the surface water (environment) at the lower reaches is degenerated due to pollution accumulation or any loss is caused by the environment pollution accidents, compensation shall be made according to law.        

Where the total discharge amount of major water pollutants exceeds the control target due to ineffective control, which makes water quality in surface water (environment) function zones at lower reaches fail to meet the prescribed standards and causes serious consequences due to failures to control, the relevant people"s government shall make appropriate transregional compensation and the specific measures in this regard shall be formulated by the provincial people’s government.

Article 22 The information disclosure system for the pollutant discharge actions of the pollutant discharge units shall be implemented in the areas along the Yangtze River.

The competent departments of environment protection in the areas along the Yangtze River shall make known to the public the names of the pollutant discharge units, the location, amount and condition of their pollutant discharge outlets so as to make it convenient for the public to impose supervision.

The pollutant discharge units shall make known to the public the installation of their pollutant discharge outlets and the information of their pollutant discharge on a regular basis.

Neighborhood committees and villagers" committees may organize relevant persons to supervise the pollutant discharge status of the pollutant discharge units. Any unit or individual that finds any pollutant discharge unit conducting such illegal action as discharging sewage secretly shall report it to the competent department of environment protection, and the competent department of environment protection shall investigate and deal with it in time.

Chapter III Pollution Prevention and Control

Article 23 The water quality of the middle stream water body in the Jiangsu section of the Yangtze River shall not be lower than the second class standard of environmental quality standards for surface water of the State, and the water quality of the off-shore water and the surface water body in the areas along the Yangtze River shall not be lower than the category standard of the surface water (environment) functional zoning of this Province.

Article 24 The system of controlling the total discharge amount of the major water pollutants shall be implemented in the areas along the Yangtze River.

The people"s governments at or above the county level in the areas along the Yangtze River shall take measures to ensure to reach the target of the total discharge amount control of the major water pollutants determined by the provincial people"s government.

Article 25 The provincial competent administrative department of water shall, according to the requirement of the surface water (environment) functional zoning of this Province for the water quality and the self purifying ability of the water body, rate the pollutant accommodation capacity of the main stream of the Jiangsu section of the Yangtze River, the off-shore water body and major water bodies flowing to rivers, and put forward its opinion on the total pollutant discharge amount limit of the water area to the provincial competent department of environment protection. The opinion on the total pollutant discharge amount limit shall be the basis of the formulation of the implementation plan for controlling the total discharge amount of major water pollutants.

The provincial competent department of environment protection shall organize and formulate the implementation plan for controlling the total discharge amount of major water pollutants to check and determine the control target for the total discharge amount of the major water pollutants in the areas along the Yangtze River, the reducing amount of the discharge, the time limit of the reducing the discharging location, the discharge mode and the key controlling areas and implement it after reporting it to the provincial people’s government for approval.

Article 26 the competent department of environment protection that sets the control target shall order the local people"s government of the area which discharges water pollutants in excess of the control target of the total discharge amount of the major water pollutants to reduce the total discharge amount within its administrative region within a prescribed time limit.

Any construction project that may increase the discharge amount of major water pollutants shall not be approved in the area which discharges water pollutants in excess of the prescribed control target of the total discharge amount of the major water pollutants or fails to meet the water quality standard prescribed by the surface water (environment) functional zoning of this Province shall not approve.

Article 27 The system of water pollutants discharge permit shall be implemented in the areas along the Yangtze River. It is prohibited to discharge water pollutants without water pollutants discharge permit.

Water pollutants discharged into water bodies by the pollutant discharge units in the areas along the Yangtze River shall meet the first class standard of the comprehensive sewage discharge standards of the State and shall not exceed the control target of the total discharge amount of the major water pollutants prescribed in the water pollutants discharge permit.

Article 28 The people"s governments at or above the county level in the areas along the Yangtze River shall, according to the plan for the prevention and control of the water pollution of Yangtze River, formulate the plan for controlling the off-shore water pollution in the main stream of the Yangtze River, scientifically regulate the discharge mode of water pollutants, encourage thorough control of pollutants and prevent the formation of pollution belts in the off-shore water bodies. Where the pollution belts of off-shore water bodies are formed, the pollution shall be controlled within a prescribed time limit so as to meet the requirement of the water quality target prescribed by the surface water (environment) functional zoning of this Province.

Article 29 The people"s governments at various levels in the areas along the Yangtze River shall organize the planning and construction of urban central sewage treatment systems. The urban sewage pipe network and the central sewage treatment facilities shall be designed, constructed and put into operation at the same time. For the urban central sewage treatment facilities that have been constructed, the sewage pipe networks that have the corresponding designed treatment abilities shall be constructed as auxiliary projects within a prescribed time limit and their normal operation shall be ensured. The new urban areas and newly constructed development zones, industrial zones and residential areas shall construct the sewage pipe networks and implement the distribution of rain and sewage; the constructed areas shall gradually modify the sewage pipe networks or construct the sewage interception pipe networks and implement the distribution of rain and sewage.

The people"s governments at various levels in the areas along the Yangtze River and relevant departments shall take measures to promote the specialized environment protection facilities and marketized operation.

The people"s governments at various levels in the areas along the Yangtze River shall formulate and improve the supplementary economic and technical policies to encourage various capitals to be invested in construction of  central sewage treatment facilities and their supporting pipe networks.

Article 30 The operation units of the urban central sewage treatment facilities shall set up pollutant discharge outlets and the automatic continuous pollutant source monitoring devices according to the provisions, ensure the normal running of the central sewage treatment facilities and ensure the discharged pollutants comply with the prescribed standard.

The water quality of the industrial sewage that is discharged into the urban central sewage treatment facilities shall comply with the relevant provisions of the comprehensive sewage discharge standards of the State.

Article 31 Where the facilities for the prevention and control of the water pollution of the pollutant discharge units fail to meet the requirement of environment protection or the pollutant discharge units discharge excessive water pollutants for many times due to their poor management, they shall entrust environment protection facilities operation units with corresponding qualifications to modify or manage and operate the facilities and the cost shall be borne by the pollutant discharge units. The competent department of environment protection shall be responsible for conducting supervision and administration.

Article 32 The people"s governments at various levels in the areas along the Yangtze River shall strengthen comprehensive improvement of the rural environment, accelerate the construction of environmental infrastructure facilities such as the household waste water treatment facilities and hazard-free treatment facilities for waste in towns and residential quarters for farmers.

The people"s governments at various levels in the areas along the Yangtze River shall take measures to such waste as straws, stalks and human and animal excreta and promote hazard-free treatment of them.

The competent administrative departments of agriculture in the areas along the Yangtze River shall organize to spread the utilization of high-efficiency, low-toxicity, low-residue pesticide, instruct the farming workers to apply fertilizers scientifically so as to reduce the pollution and damage to the soil, water body and agricultural products.

Article 33 Hazard-free treatment of sewage and other wastes shall be conducted in livestock and poultry farms and slaughter houses, and the waste water discharged shall meet the national or local standard.

For anyone that engages in aquiculture, the breeding mode and the forage given shall comply with the relevant provisions of the State and this Province.

It is prohibited to use pesticides or other toxic chemicals to kill the aquatic lives.

Article 34 The hazard-free treatment of the industrial solid waste, hazardous waste and household waste in the areas along the Yangtze River shall be conducted according to law.

Article 35 The pollutant discharge units of chemical industry, chemical material manufacturing industry and other industries in the areas along the Yangtze River shall strictly implement the relevant discharge standards of the State and the locality, and shall not discharge into water bodies any organic poisons and toxic and baneful materials that are prohibited to be discharged in the standards.

It is prohibited to dilute and discharge sewage. It is prohibited to set up pollutant discharging outlets without authorization and discharge sewage secretly.

Article 36 The owners or operators of ports, docks and vessels shall comply with the provisions of laws and regulations on the prevention and control of water pollution and vessel-induced pollution, and prevent the pollution of the water body in the areas along the Yangtze River.

Article 37 The people"s governments at various levels in the areas along the Yangtze River shall strengthen the protection and restoration of the ecological function of the Yangtze River, take protection measures such as constructing ecological protection belts and isolation belts to maintain the ecological safety of the Yangtze River. The polluted and damaged ecological function protection zones shall be ecologically restored.

Article 38   The competent administrative departments of forestry of this Province and the cities divided into districts in the areas along the Yangtze River shall, in conjunction with the department of environment protection and other relevant departments, formulate the protection plans for the wetlands along the Yangtze River and implement the plans after reporting them to the people’s governments at the corresponding level for approval. The development and utilization of the wetlands shall comply with the requirement of the protection plans for the wetlands.

The competent administrative departments of forestry in the areas along the Yangtze River shall, according to the requirement of the protection of ecological environment and the prevention and control of the water pollution, organize and formulate the plans for constructing forests along the Yangtze River and implement the plans after reporting them to the people’s government at the corresponding level for approval.

The relevant people"s governments shall construct natural reserves in the migration zones of precious fishes, the habitats of precious birds, the natural wetlands and other areas that need special protection.

Article 39 The people"s governments at various levels in the areas along the Yangtze River and other relevant departments shall rationally develop, utilize and divert the water resource of the Yangtze River, and maintain the self purifying ability of the water body.

It is encouraged to save water and it is advocated to develop and utilize non-traditional water resources such as recycling urban sewage.

Article 40 The relevant provincial departments shall strengthen their study on the pollutant discharge channels at both sides of the Yangtze River and scientifically plan and construct the tail water diversion project, and based on the hydrological characteristics and actual status of the water environment of the areas along the Yangtze River, optimize the water diversion plan and ensure the water quality of the major clean water channels such as the east line project of the South-to-North Water Diversion and the Water Diversion from Yangtze River to Taihu Lake to meet the category standards of the surface water (environment) functional zoning of this Province.

The people"s governments at various levels in the areas along the Yangtze River shall take measures to prevent various polluting sources from affecting water quality of the major clean water channels.

Chapter VI Protection of the Drinking Water Source

Article 41 The people"s governments at or above the county level in the areas along the Yangtze River shall, according to the surface water (environment) functional zoning of this Province and the regional water supply planning of this Province, formulate a protection planning for domestic drinking water source, rationally plan and set up water intakes, adjust the distribution of water intakes, reduce the amount of water intakes and promote the construction of regional water supply projects.

Where the water intake which has been set up fails to comply with the surface water (environment) functional zoning and the regional water supply planning, it shall be adjusted within a prescribed time limit.

Article 42 For the water intakes that are set up according to the surface water (environment) functional zoning of this Province and the regional water supply planning of this Province, the relevant people"s government of a city or county shall formulate a plan for designation of drinking water source protection zones, and submit it to the provincial people"s government for approval.  Where the relevant people"s governments of cities or counties fail to reach an agreement on the plan for designation of drinking water source protection zones across cities or counties, the provincial competent department of environment protection shall, in junction with relevant departments, formulate a designation plan and submit it to the provincial people"s government for approval. Where a water intake which is planned to be set up fails to comply with the surface water (environment) functional zoning and the regional water supply planning, the provincial competent administrative department of water shall require relevant people"s government to adjust at first.

Where a water intake is set up at the main stream the Yangtze River, the area circling the water intake with a radius of 500 meters is Grade I protection zone; the area 2 kilometers up from the water intake and 1 kilometer down from the water intake is Grade II protection zone. The areas 3 kilometers up and 1.5 kilometers down from the water intakes of the water source of the east line of the South-to-North Water Diversion and the regional water supply are Grade II protection zones.

Mere stones shall be set up in the protection zones of domestic drinking water sources, and signboards shall be set up at conspicuous places to specify the areas of the protection zones.

Article 43 The protection of the protection zones of domestic drinking water sources shall comply with the relevant provisions of the law on the prevention and control of the water pollution and its specific implementation measures and the law on water.

Where anyone engages in production, business, development, construction and other activities in the place of a domestic drinking water source that is not designated as the protection zone of water source, he shall take effective measures to prevent water source pollution.

Article 44 The system of publicizing the monitoring result of the water quality of the domestic drinking water source protection zones shall be implemented in the areas along the Yangtze River. The competent department of environment protection shall be responsible for making known to the public the water quality of the domestic drinking water source on a regular basis.

Article 45 The people"s governments at various levels in the areas along the Yangtze River and relevant departments shall strengthen their work of vegetation protection and water and soil conservation in the area of the domestic drinking water source, organize the construction of ecological forests and take effective measures such as afforestation to conserve water.

Chapter V Legal Liabilities

Article 46 Where any key pollutant discharge unit or the operation unit of the urban central sewage treatment facilities, in violation of the provisions in Article 19 or the first paragraph of Article 31 of these Regulations, fails to set up, leave idle or dismantle the automatic monitoring devices for pollutant sources without authorization, it shall be ordered by the competent department of environment protection to make correction within a prescribed time limit; where it fails to make correction at the expiration of the time limit, a fine of not less than RMB10,000 yuan but not more than RMB100,000 yuan shall be imposed.

Article 47 Anyone that, in violation of the provisions in the second paragraph of Article 19 of these Regulations and without the approval of the competent department of environment protection, leaves idle or dismantles facilities for the prevention and control of the water pollution without authorization, shall be ordered by the competent department of environment protection to make correction within a prescribed time limit and a fine of not less than one time but not more than three times of the due pollutant discharge fee shall be imposed.

Article 48 Anyone that, in violation of the provisions in the first paragraph of Article 27 of these Regulations, discharges water pollutants without a water pollutants discharge permit shall be ordered by the competent department of environment protection to make correction within a prescribed time limit and a fine of not less than RMB5,000 yuan but not more than RMB50,000 yuan may be imposed. Anyone that discharges water pollutants in excess of the prescribed standards without a water pollutants discharge permit shall be punished according to law in a severe manner by the competent department of environment protection.

Anyone that, in violation of the provisions in the second paragraph of Article 27 of these Regulations, discharges water pollutants  in excess of the pollutant discharge standards prescribed by the State and the locality, or the control target of the total discharge amount of major water pollutants, shall be ordered by the competent department of environment protection, according to its authority, to control the pollution within a prescribed time limit and a fine of not less than two times but not more than five times of the due pollutant discharge fee shall be imposed.

Article 49  Anyone that, in violation of the provisions in the first paragraph of Article 35 of these Regulations, discharges into water bodies any organic poisons of chemical industry and chemical material manufacturing industry and toxic and baneful materials of other industries in excess of the standards prescribed by the State and the locality, shall be ordered by the competent department of environment protection to make correction and a fine of not less than RMB30,000 yuan but not more than RMB100,000 yuan may be imposed.

Where any pollutant discharge unit, in violation of the provisions in the second paragraph of Article 35 of these Regulations, discharges diluted toxic and baneful industrial sewage, the competent department of environment protection shall order it to make correction within a prescribed time limit and impose on it a fine of not less than RMB5,000 yuan but not more than RMB20,000 yuan; where the situation is serious, a fine of not less than RMB20,000 yuan but not more than RMB100,000 yuan may be imposed.

Where any pollutant discharge unit, in violation of the provisions in the second paragraph of Article 35 of these Regulations, sets up pollutant discharge outlets without authorization and discharges sewage secretly, the competent department of environment protection shall block the outlets and order it to dismantle the outlets within a prescribed time limit and impose on it a fine of not less than RMB20,000 yuan but not more than RMB100,000 yuan; where the outlets are not dismantled at the expiration of the time limit, they shall be dismantled with compulsion and the cost needed shall be borne by the law-breaker and a fine of not less than RMB100,000 yuan but not more than RMB500,000 yuan shall be imposed; where there are other serious cases, the competent department of environment protection of the local people’s government at or above the county level may appeal to the local people"s government at or above the county level to order it to suspend production for readjustment.

Article 50 Where any pollutant discharge unit sets up pollutant discharge outlets according to provisions and discharges pollutants in excess of the prescribed standards, which may cause serious environment pollution accidents, harm people"s health and the security of people"s lives and properties, the competent department of environment protection may take emergency measures to block the pollutant discharge outlets temporarily.

Article 51 Where any pollutant discharge unit violates the provisions of these Regulations and shall control the pollution within a prescribed time limit according to law, the competent department of environment protection of the people"s government at or above the county level shall make a decision according to its authority.

In the period of controlling the pollution within a prescribed time limit, the competent department of environment protection shall order the pollutant discharge unit to restrict its production and discharge or suspend production for readjustment. The time limit of controlling the pollution shall not be longer than one year; where the controlling task is not finished at the expiration of the time limit, it shall be reported to the people"s government with approving authority for approval and be ordered to shut down. The relevant people"s government shall make a decision within fifteen working days from the date of receiving the opinion. Where people"s government fails to make a decision within fifteen working days or makes a decision not to shut down, which causes serious environment pollution, the people’s government at the next higher level shall order it to make a decision within a prescribed time limit or make a decision immediately and the main responsible person of the relevant people"s government shall be given administrative sanctions according to law.

Article 52 The competent department of environment protection and other relevant departments shall, according to the provisions of the related laws and regulations, impose penalties on acts in violation of the provisions of these Regulations.

Article 53 The people"s governments at or above the county level in the areas along the Yangtze River that, in violation of the provisions of these Regulations, fail to attain the targets set for the responsibility system for attainment of water quality standards in surface water (environment) function zones and the responsibility system for transition of sectional quality for water body at the upper and lower reaches on the boundaries of administrative regions, shall be criticize in a circular by the people’s government at the next higher level, and where the environment pollution is caused or the function of the water (environment) is degenerated, the relevant responsible person shall  be given administrative sanctions according to law.

The supervision and administration persons of the competent department of environment protection and other relevant departments who examine and approve project in violation of laws, conceal undeclared projects with pollution, fail to supervise and inspect the operation of the environment protection facilities according to law, and conduct other actions of abusing their powers, neglecting their duties and engaging in malpractice for personal gains, shall be given administrative sanctions by the units they work in or the competent department at the next higher level; where a crime is constituted, the criminal liabilities shall be investigated according to law.

Chapter VI Supplementary Provisions

Article 54  The areas along the Yangtze River in these Regulations refer to the administrative regions of the six cities divided into districts, namely Nanjing, Zhenjiang, Changzhou, Yangzhou, Taizhou and Nantong, and the administrative regions of the fifteen cities namely Jurong, Yangzhong, Danyang, Jiangyin, Zhangjiagang, Changshu, Taicang, Yizheng, Jiangdu, Taixing, Jingjiang, Rugao, Tongzhou, Haimeng and Qidong.

Article 55 The provisions in these Regulations for the responsibilities and action norms of the people"s government of a city divided into districts and its competent department of environment protection in the areas along the Yangtze River shall apply to the people"s governments of the city of Wuxi and the city of Suzhou and their competent departments of environment protection.

Article 56 These Regulations shall enter into effect as of June 5th, 2005.