The Regulations of Jiangsu Province on Administration of Urban and Rural Water Supply
时间:2011-11-18  浏览次数: 62

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

No. 74

The Regulations of Jiangsu Province on Administration of Urban and Rural Water Supply, adopted at the Eighteenth Meeting of the Standing Committee of the Eleventh People’s Congress of Jiangsu Province on November 19, 2010, are hereby promulgated and shall enter into effect as of March 1, 2011.

  November 19, 2010

The Regulations of Jiangsu Province on Administration of Urban and Rural Water Supply

(Adopted at the Eighteenth Meeting of the Standing Committee of the Eleventh National People’s Congress of Jiangsu Province on November 19, 2010)

  Article 1 The Regulations are formulated in accordance with relevant laws and administrative regulations, in light of the specific situation of this Province, and for the purpose of realizing the comprehensive development of urban and rural water supply, satisfying the need of water for urban and rural life, production and other uses, guaranteeing the quality and safety of residents’ portable water, safeguarding legal rights of water supply units and users, and promoting water conservation.

  Article 2 These Regulations shall apply to the acts engaging in urban and rural water supply, using urban and rural water supply and relevant supervision and administration in the administrative region of this Province.

  Article 3 Urban and rural water supply shall promote the unification of water source, network, water quality in the countryside and city, realize the integration of water supply in the urban and rural area.

  Urban and rural water supply shall comply with the principle of combining water source development and water conservation, and combing water supply and water quality guarantee.

  Article 4 The local people’s government at or above the county level shall incorporate the development of urban and rural water supply into national economic and social development planning, establish and complete the system of government being responsible for urban and rural water supply, make a comprehensive arrangement for special funds, promote the implementation of regional water supply, and strengthen the protection of water sources and the construction of urban and rural water supply facilities.

  Article 5 The provincial competent administrative department of housing and urban and rural construction shall direct urban water supply and water conservation within the administrative region of the Province.

  The provincial competent department of water shall direct water supply of the hydraulic industry, water supply to towns and villages and the construction and administration of the safety project of portable water in the countryside within the administrative region of the province, and take charge of water conservation of the province.

  The competent department of urban and rural water supply appointed by the people’s government of the municipality, county (city, district) shall be responsible for the supervision and administration of urban and rural water supply within the administrative region.

  The people’s government at or above the county level and other relevant departments shall deal with relevant work of urban and rural water supply collaboratively according to their respective duties and functions.

  The people’s government of the town and township shall be responsible for the organization, coordination and guidance of water supply within the administrative region.

  Article 6 The local people’s government at or above the county level and other relevant departments shall according to law, make a emergency response plan for urban and rural water supply, regulate the act in response to the emergency of urban and rural water supply, control, reduce and remove the social hazard caused by the emergency of urban and rural water supply.

  Article 7 In the work of urban and rural water supply, the research, development, promotion and application of new technology, new technique, new equipment and new materials shall be reinforced, quality of portable water shall be ensured and water conservation shall be promoted.

  Article 8 The local people’s government at or above the county level and other relevant departments shall organize and carry out the publicity, education and training on urban and rural water supply, strengthen water conservation in the whole society and raise the awareness of protection on water supply facilities.

                            Chapter II Planning and Construction

  Article 9 The plan for urban and rural water supply of the Province shall be compiled by the provincial competent administrative department of housing and urban and rural construction along with relevant departments of development and reform, environmental protection and health care, and shall be organized to implement after being reported to the provincial people’s government for approval.

  The provincial competent administrative departments of housing and urban and rural construction, and the competent water administrative department shall, according to their respective functions and duties, carry out inspection and supervision on the implementation of the relevant plan for water supply.

  Article 10 The competent department of urban and rural water supply of the people’s government of the municipality divided into districts, county (city) shall, in light of the provincial urban and rural water supply plan and the overall plan of the city, the overall plan of the town where the people’s government of the county is located and the comprehensive plan of water resource, organize to formulate a special plan for urban and rural water supply along with relevant departments, through the technical verification organized by the competent department of urban and rural water supply of the next higher level, and organize to implement the plan after it reports it to the people’s government of the same level for approval.

  Article 11 The area with favorable condition of water source shall construct more than two sources of portable water with relatively independently controlled water intake; for area with no favorable condition of double water sources, water source for water supply in response to emergency such as underground water or water supply network connected to neighboring areas shall be constructed according to laws. The quantity and quality of water supply in response to emergency shall meet the requirements prescribed by emergency response plan for urban and rural water supply.

  Article 12 The competent urban and rural water supply department of people’s government of the municipality divided into districts, county (city, district) shall on the basis of the special plan of urban and rural water supply and in accordance with the unified construction criteria and standards, formulate an annual plan for the construction of water supply and distribution facilities such as main trunk pipelines for urban water supply and village pipeline network and their reformation, and organize the implementation after it reports it the people’s government of the same level for approval.

  Article 13 In the areas within the coverage of urban and rural integrated water supply pipeline network, the people’s government of the municipality divided into districts, county (city, district) shall set a deadline to shut down water plant of the towhship (town), make a disposal plan and organize the implementation.

  In the areas beyond the coverage of urban and rural integrated water supply pipeline network, the water plant of the township (town) shall reinforce administration, regulate the operation and ensure the quality of water supply.

  Article 14 The water supply unit’s projects of construction, reconstruction or expansion of water supply shall be in accordance with the sanitation requirements, the selection of location, design supervision and project completion and acceptance shall inform the competent department of health, urban and rural water supply to participate.

  Where the water use unit constructs outdoor pipelines connecting urban and rural water supply pipelines and their auxiliary facilities on its own investment, the design proposal shall go through the technical inspection organized by the competent department of urban and rural water supply. When the project is completed, it can be connected to the public water supply pipeline and put into use only after being testified as qualified by the water supply unit.

  Article 15 The water supply facilities of newly constructed residential buildings shall be designed and constructed according to the requirement of one household one ammeter, and water gauge set outside of a household.

  Article 16 Where newly constructed, reconstructed or expanded buildings’ requirement on hydraulic pressure exceeds normal service pressure of urban and rural water supply pipeline, the project owner shall construct auxiliary secondary water supply facilities. Secondary water supply facilities shall be designed, constructed and put into service at the same time with the principal project of the building.

  Article 17 The design of secondary water supply facilities shall comply with national and local sanitation standards of secondary water supply, and technical standards of secondary water supply project.

  The water supply unit shall be responsible for the operation, maintenance and administration of residential user’s secondary water supply facilities after the inspection and acceptance organized by the project owner.

  Article 18 When the water supply unit receives secondary water supply facilities, the project owner shall consult with the water supply unit to bear the concrete cost according to the guiding charge standards for the operation, maintenance and administration of secondary water supply. The guiding charge standards for the operation, maintenance and administration of secondary water supply shall be formulated by the competent pricing department of people’s government of the municipality divided into districts, county (city) along with competent department of urban and rural water supply.

  Where the water supply and distribution pipeline network of the built residential building, secondary water supply facilities and residential gauge project need reformation, the people’s government of the municipality divided into districts, county (city, district) shall organize relevant department of urban and rural water supply to formulate a reformation plan and carry it out. The water supply unit shall be responsible for the operation, maintenance and administration of the reformed water supply and distribution pipeline network, secondary water supply facilities and residential gauge.

  Chapter III Water Source Protection and Water Quality Administration

  Article 19 The designation and protection of protection zones of portable water sources and quasi protection zones of portable water source shall be carried out according to the provisions of relevant laws and regulations at national and provincial levels.

  Local people’s government at or above the county level shall take measures such as aggregate amount control of major water pollutant discharge to ensure that the water quality of portable water sources shall not be lower than the standards prescribed by the state.

  Article 20 The local people’s government above the county level shall establish a warning system for monitoring quality of water source for urban and rural water supply. When finding the water source quality of urban and rural water supply does not meet the relevant national standards, the competent department of environmental protection and water conservation shall immediately take measures and inform the competent department of urban and rural water supply.

  When finding the raw water quality does not meet the relevant national standards, the water supply unit shall take emergency measures, and at the same time report to the departments of urban and rural water supply, environmental protection, health, and water conservation administration under the people’s government of the locality.

  Article 21 Water quality of urban and rural water supply shall meet the national sanitation requirements for portable water.

  The competent department of urban and rural water supply shall establish and strengthen a water quality inspection system, reinforce regular inspection on water quality of urban and rural water supply, and publicize the condition of water quality of urban and rural water supply once every six months. The competent department of health shall strength the sanitation inspection on water quality of portable water for the urban and rural residents within the administrative region and establish an information publication system for the sanitation inspection on portable water for residents.

  When emergency which may affect water quality of urban and rural water supply happens, the competent departments of urban and rural water supply, environmental protection and health shall take measures, strengthen tracking and monitoring, and report the monitoring result to local people’s government. Local people’s government shall release the monitoring result to the society timely.

  Article 22 Water supply unit shall establish and strengthen water quality inspection system, carry out water quality self-inspection according to national sanitation standards on portable water and items, frequency and methods of water quality inspection prescribed by relevant provincial provisions.

  Water supply unit shall be capable of self-inspecting microorganism. Where other self-inspection items cannot meet the national and relevant provincial provisions, it shall entrust the water quality inspection institution with legal qualification to carry out inspection.

  Article 23 New equipment and new pipeline for urban and rural water supply or original equipment and pipeline after reformation shall be cleaned and sterilized and put into use after being testified as qualified by water quality inspection institution with legal qualification.

  Article 24 Administrators of secondary water supply facilities shall strengthen the administration of water supply facilities, regularly inspect water quality, clean and sterilize water supply facilities at least once every six months and ensure the water quality of secondary water supply meets the national sanitation standard of portable water.

  Chapter IV Facilities Administration and Maintenance

  Article 25 Water supply units shall according to requirements of relevant national standards and norms, be responsible for the administration and maintenance of end user’s outdoor water supply facilities and ensure the safety and normal operation of urban and rural water supply facilities. The end user shall be responsible of the administration of water use facilities such as end user indoor pipeline.

  Article 26 Water supply units shall set up obvious protection sign for trunk pipeline of urban and rural water supply and their relevant facilities according to the protection area and protection requirements designated by the competent department of urban and rural water supply.

  Within the protection area, no one is allowed to construct buildings or structures, bury lines and poles without authorization. It is forbidden to engage in activities such as digging for earth, planting trees which do harm to urban and rural water supply main pipelines and other relevant facilities.

  Article 27 Water supply units shall, in light of the materials and usage of water supply pipelines, work out replacement and reformation plans and organize the implementation thereof for the obsolete and worn-out pipelines.

  Article 28 No unit or individual is allowed to engage in the following activities:

  (1) setting drainage pipe and poisonous and harmful places in the protection areas of water intake, settling tank, reservoirs;

  (2) directly connecting water pipeline network for the production or use of poisonous and harmful materials to urban and rural water supply pipeline network;

  (3) digging, occupying, removing water supply pipeline and its auxiliary facilities without authorization;

  (4) destroying urban and rural water supply facilities; and

  (5) other activities which hazard the security of urban and rural water supply facilities.

  Article 29 Where a construction project affects water supply facilities, the project owner shall negotiate measures to protect water supply facilities or removal, relocation plan with the property owner or administrator of water supply facilities. The project owner or property trustee, administrator is responsible for implementation thereof, the project owner shall bear the cost, and compensation shall be made for the damage according to law.

  Article 30 Water supply facilities for public fire fighting shall be supervised and used by the fire control institution of public security organs, the construction and maintenance administration shall be in the charge of water supply unit, and the local people’s government shall bear the funds needed.

  A special system shall be implemented on public fire hydrant. Except for public water use for fire fighting and rescue, greening, city appearance, no unit or individual is allowed to use it without authorization. The public water use for greening and city appearance shall be measured and the fee shall be paid, and water shall be obtained from the designated fire hydrant. Water supply unit shall set a certain number of designated water hydrant in different areas, and set clear signs.

  Water supply unit shall guarantee water use for fight fighting and rescue. The consumption of water for fire fighting and rescue shall be compensated by local people’s government.

  Chapter V Operational service and water conservation administration

  Article 31 The water supply unit shall meet the following requirements:

  (1) attaining corporate legal personality, water fetching license and sanitation license according to laws;

  (2) having water supply sources and water production, supply and distribution facilities which meet the standards;

  (3) quality of water in supply meeting the national sanitation standards of portable water;

  (4) having water quality inspection laboratory which meets the standard, and carrying out self-inspection on water quality of raw water and water in supply which is compatible to the scale of water supply;

   (5) for personnel engaging in production and water inspection, they shall go through medical examination, pass professional training and hold a certificate;

  (6) having a complete administrative system; and

  (7) other requirements prescribed by laws and regulations.

  The provincial competent administrative department of housing and urban and rural construction, water conservancy shall, according to its respective duties and functions, publicize to the society the water supply unit which meets the previous requirements.

  Article 32 Water supply units shall sign a water supply contract with the user, specify the rights and obligations of the two parties, provide water supply service to users according to the service standards prescribed by the state and province and read meters at the household.

  Article 33 Water supply unit shall use the products concerning the sanitation and security of portable water which meet the national and relevant provincial standards, such as water clarifier and sterilizer, and clean and sterilize the water supply facilities regularly according to sanitation standards.

  Article 34 Water supply unit shall set up a pressure tapping point for water supply network according to relevant national provisions, monitor water pressure and ensure the pressure of urban and rural water supply network meets the prescribed standards.

  Article 35 Water supply unit shall, in accordance with the prescribed standard of water pressure of water supply, keep uninterrupted water supply or supply water in different periods according to the water supply contract.

  Where the water supply needs to be suspended or water needs to be supplied in a low-pressure due to project construction or equipment maintenance, water supply units shall inform the user twenty-four hours earlier after the approval of the competent department of urban and rural water supply; where a disaster or emergency happens and it cannot inform earlier, water supply unit shall inform the user at the same time of repair, resume the water supply as soon as possible and report it to the competent department of urban and rural water supply. Where fire fighting is affected, it shall inform the fire control institution of public security organ.

  Where water cannot be supplied over twenty four hours in succession, water supply unit shall report it to the competent department of urban and rural water supply and take emergency water supply measures to guarantee the need of residential water use.

  Article 36 Water supply unit shall formulate a emergency response plan, report it to the competent department of urban and rural water supply for record and organize drillings regularly.

  Article 37 Water supply unit shall establish operational service information system, publicize relevant information like water quality, water price and accept public supervision.

  Water supply unit shall establish complaint and information hotline and complaint handling system, respond to and handle the water supply problem from users immediately.

  Article 38 The pricing of urban and rural water supply shall be decided by the government and administrated in categories, but price of water supply for rural portable water security project shall be executed according to relevant provincial provisions.

  The determination of urban and rural water supply price shall follow the guideline of compensating for the cost, rational revenue, promoting water conservation, equitable burden sharing, and shall not violate the national provisions by incorporating the fees irrelevant to urban and rural water supply into water price.

  Where the pricing competent department determines and adjusts water price for residential use, it shall organize a public hearing according to law and publicize the composition of water price to the society.

  Article 39 Water supply unit shall charge the water rate according to the price of urban and rural water supply determined by the pricing competent department, and use unified charging vouchers.

  Users shall pay the water rate to water supply unit according to the contract and may not default payment and refuse to pay.

  Article 40 Water supply unit shall install water meters for users according to the contract.

  Water meter shall be inspected as qualified by a legal metrological inspection institution; where it exceeds the prescribed expiry date and is inspected to be unqualified, it shall be replaced.

  Article 41 Where the user finds water meter break down, he shall timely inform the water supply unit, which shall in turn repair or replace it within three days upon receiving the notification. Where the failed water meter cannot measure, water supply unit shall estimate the water rate in the way specified in the contract; where it is not specified in the contract, the water rate shall be estimated based on the average water consumption of previous twelve months.

  Article 42 Where the water meter needs extension, removal, increasing power volume or change, the user shall go through relevant formalities with water supply unit. The water supply unit shall be responsible for implementation. Users may not transform urban and rural public water supply or transform the residential portable water into water for other uses without authorization.

  Article 43 Any of the following acts is forbidden for any unit or individual:

  (1) without the approval of water supply unit, getting water directly from urban and rural public water supply network without authorization;

  (2) except for the need of fire fighting, opening fire hydrant and fire fighting device without authorization to get water;

  (3) connecting pipes to get water bypassing water meter;

  (4) dismantling, forging and opening water meter sealed by the legal metrological institution or seals of facilities;

  (5) without permission, installing, changing and destroying water meter or disturbing the normal metering of water meter; or

  (6) other acts affecting normal metering.

  Where the previous act is conducted, the volume of water intake is measured by nominal flow of the water intake pipe caliber and actual time of water use. Where the actual time of water use cannot be determined, it shall be calculated according to the average time of water use by the industry or individual in twelve months.

  Article 44 The water supply facilities, water supply tubes and pipes and water apparatus shall meet the national, industry or local standards and criteria. It is forbidden to use water supply facilities, water supply tubes and pipes and water apparatus which do not meet the criteria and standards.

  Article 45 A planning system for unit water use is carried out.

  The competent department determined by the local people’s government of the municipality divided into districts, county (city, district) shall verify the annual and monthly water use quota of the unit which plans to use water and assess it monthly. Water supply unit shall report user’s actual water consumption monthly to the competent department.

  Article 46 A tiered water price system is carried out and extra fees shall be charged when non-residential water use exceeds the quota.

  In the area where a tiered water price is carried out and increased price set for excessive water use, the price difference could be appropriately enlarged between levels of water volume to promote water conservation under the condition of rational verification of the water volume base between levels.

  Article 47 The newly constructed, reconstructed and expanded project which uses urban and rural water supply shall construct auxiliary water conservation facilities. Water conservation facilities shall be designed, constructed and put into use at the same time with the principal project.

  The auxiliary water conservation facilities shall use water-saving techniques, equipment and apparatus, and be put into use after being checked as qualified. It is forbidden to use the technique, equipment and apparatus explicitly declared obsolete by the state.

  Article 48 For water use in residential areas and for unit’s landscape, where there is condition to use rain or recycling water, it may not use urban and rural water supply.

  Recycling water, rain and surface water shall be used in priority for municipal use, greening, landscape and city sanitation.

  The newly constructed building with a planed area of over 20,000 square meters shall construct auxiliary rain collection and use system.

  Chapter VI Legal Liabilities

  Article 49 The water supply unit who, in violation of these Regulations, commits any one of the following acts shall be ordered by the competent department of urban and rural water supply to make rectification, and a fine of not less than RMB 30,000 but not more than RMB 100,000 yuan shall be imposed:

  (1) the water supply quality does not meet the national sanitation requirements of portable water;

  (2) on the condition of normal water supply, the hydraulic pressure of water supply does not meet the prescribed national standards;

  (3) not checking and repairing water supply facilities according to the provisions or not repairing water supply facilities timely when they break down;

  (4) not cleaning and sterilizing water supply facilities according to the provisions;

  (5) in violation of the provisions, stopping water supply without authorization or not performing the duty of giving notice of water cutoff; or

  (6) not carrying out water quality inspection according to the provisions.

  Article 50 Where in violation of the provisions of these Regulations, the administrator of secondary water supply does not clean, sterilize water supply facilities according to the provisions, or fails to follow the provisions, thus causing the water quality of secondary water supply to fall below national standards, the competent department of urban and rural water supply shall order it to make rectification , and a fine of not less than RMB 5,000 yuan and not more than RMB 20,000 yuan shall be imposed.

  Article 51 Where in violation of the provisions of these Regulations, acts, which damage the urban and rural water supply main pipeline and its relevant facilities, such as constructing buildings and structures, burying wires and poles or engaging in digging for earth, planting trees without authorization are committed, the competent department of urban and rural water supply shall order it to make rectification and a fine of not less than 1000 yuan and more than 5000 yuan can be imposed; where a damage is caused, compensation shall be made.

  Article 52 Anyone who, in violation of the provisions of these Regulations, commits any one of the following acts shall be ordered by the competent department of urban and rural water supply to make rectification, and a fine of not less than 50000 yuan and not more than 100000 yuan shall be imposed; where a damage is caused, compensation shall be made; where a crime is constituted, the criminal liabilities shall be investigated for:

   (1) installing sewage pipelines or poisonous and harmful places within the protection area of settling tank, reservoir;

  (2) directly connecting pipeline network which is used to produce or use poisonous and harmful materials to public pipeline network of urban and rural water supply; or

  (3) connecting self-constructed water supply facilities to pubic pipeline network of urban and rural water supply without authorization.

  Article 53 Anyone, who in violation of the provisions of these Regulations, commits any of the following acts, shall be ordered by the competent department of urban and rural water supply to make rectification, and his illegal gains shall be confiscated. A fine of not less than 3000 yuan and not more than 30000 shall be imposed; where damage is caused, compensation shall be made; where a crime is constituted, the criminal liabilities shall be investigated for:

  (1) digging, occupying and removing water supply pipeline and its auxiliary facilities without authorization; or

  (2) user transforms urban and rural public water supply or transforms residential portable water to water for other uses without authorization.

  Article 54 Anyone who, in violation of the provisions of these Regulations, commits any of the following acts, shall be ordered by the competent department of urban and rural water supply to make rectification. A fine of not less than 3000 yuan and not more than 20000 yuan shall be imposed on the unit. A fine of not less than 200 yuan and not more than 1000 yuan shall be imposed on the individual. Where damaged is caused, compensation shall be made; where a crime is constituted, the criminal liabilities shall be investigated for:

  (1) without authorization, directly getting water from urban and rural public water supply pipeline network;

  (2) without authorization, opening fire hydrant and fire fighting device to get water;

  (3) getting water bypassing water meter;

  (4) dismantling, forging, opening water meter sealed by the legal metrological inspection institution or seal of facilities; or

  (5) installing, changing or destroying water meter or disturbing the normal metering of water meter.

  Article 55 The project owner who, in violation of the provisions in Arrticle 47 of these Regulations, commits any of the following acts, shall be ordered by the competent department of urban and rural water supply to make rectification, and a fine of not less than 10000 yuan and not more than 30000 shall be imposed:

  (1) not constructing auxiliary water conservation facilities according to provisions; or

  (2) the auxiliary water conservation facilities are put into use without going through check and acceptance or being verified as unqualified.

  Article 56 The staff member of the competent department of urban and rural water supply and other departments who neglects duties, abuses powers, or engages in malpractice for personal gains shall be given administrative sanctions; where a crime is constituted, the criminal liabilities shall be investigated according to law.

  Chapter VII Supplementary Provisions

  Article 57 The term urban and rural water supply in these Regulations includes the urban and rural public water supply and water supply by self-constructed facilities. Public water supply means the tap water supply company provides units and residents with water for living and production through public water supply pipeline and its auxiliary facilities; water supply by self-constructed facilities means the water using unit provides itself with water for living and production through the self-constructed pipeline and its auxiliary facilities, but excluding the self-constructed water supply exclusively for production.

  The water supply unit in these Regulations refers to tap water supply company and water supply company with self-constructed facilities.

  The secondary water supply in these Regulations refers to the way of providing water to users through storage, pressuring before they enter the end user, for the building whose requirements for hydraulic pressure exceeds the normal serving pressure of urban and rural water supply network.

  Article 58 These Regulations shall enter into effect as of March 1, 2011.

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