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淮河流域水污染防治暂行条例

分类: 法律英语 
 

国务院令第183号
(Promulgated by Decree No. 183 of the State Council of the People's Republic of China on August 8, 1995)
颁布日期:19950808  实施日期:19950808  颁布单位:国务院

Article 1 These Regulations are enacted for the purpose of strengthening the prevention and control of water pollution within the territory of the Huaihe River Valley, protecting and improving water quality, safeguarding human health and ensuring a water supply for people's daily life and for production.

Article 2 These Regulations shall apply to the prevention and control of pollution of rivers, lakes, reservoirs, canals and other surface water bodies within the territory of the Huaihe River Valley.

Article 3 The aim of the prevention and control of water pollution within the territory of the Huaihe River Valley is: the discharge of pollutants from industrial pollution sources within the whole territory shall meet the discharge standards by 1997, and by 2000 the quality of water in the major part of rivers, lakes or reservoirs shall meet the demands stipulated in the program for prevention and control of water pollution within the territory of the Huaihe River Valley so as to clear the water in Huaihe River.

Article 4 The Leading Group for Protecting Water Resources within the Territory of the Huaihe River Valley (hereinafter referred to as “the Leading Group”) shall be responsible for coordinating and settling any significant affairs concerning the protection of water resources and the prevention and control of water pollution within the territory of the Huaihe River Valley, and for supervising and inspecting the work of prevention and control of water pollution within the territory of the Huaihe River Valley, and also for exercising other functions and powers as the State Council may assign to it.

The Office of the Leading Group shall be established in Bureau of Protection of Water Resources within the Territory of the Huaihe River Valley.

Article 5 The people's governments of Henan Province, Anhui Province, Jiangsu Province and Shandong Province (hereinafter referred to as “the four provinces”) shall be responsible, in their respective regions, for the water environment quality within the territory of the Huaihe River Valley, and must take measures to realize their respective aims of prevention and control of water pollution within the territory of the Huaihe River Valley.

The people's governments of the four provinces shall resolve and assign the task of harnessing the water pollution within the territory of the Huaihe River Valley to related cities (prefectures) or counties, sign goal-related Responsibility documents of prevention and control with related cities (prefectures) or counties and ask them to fulfill assigned tasks ina given time, and shall consider this job as an important part in examining the achievements in related cadres' official careers.

Article 6 The local people's governments at or above the county level within the territory of the Huaihe River Valley shall regularly report to the standing committees of the people's congresses at the corresponding levels concerning the development in prevention and control of water pollution in their administrative areas within the territory of the Huaihe River Valley.

Article 7 The State shall carry out preferential and support policies for the prevention and control of water pollution within the territory of the Huaihe River Valley.

Article 8 The people's governments of the four provinces shall make appropriate arrangements for workers and staff members in closed down or suspended enterprises.

Article 9 The State shall practice a system of controlling the total amount of discharged water pollutants (here in after referred to as “the total amount of discharged pollutants”) within the territory of the Huaihe River Valley.

Article 10 In accordance with the aim of prevention and control of water pollution within the territory of the Huaihe River Valley, the competent department of environmental protection administration under the State Council, in concert with the planning department and the competent department of water administration under the State Council, shall consult with the people's governments of the four provinces, map out a program for preventing and controlling water pollution and a plan for controlling the total amount of discharged pollutants within the territory of the Huaihe River Valley, which shall be submitted by the Leading Group to the State Council and shall be exercised after its approval.

Article 11 In accordance with the program for prevention and control of water pollution and the plan for controlling the total amount of discharged pollutants that are enacted by local people's governments at higher levels, the people's governments at or above the county level within the territory of the Huaihe River Valley shall organize to enact programs for the prevention and control of water pollution and plans for controlling the total amount of discharged pollutants in their administrative areas within the territory of the Huaihe River Valley, and also shall incorporate the aforesaid programs and plans into a middle term or long-term program and an annual plan for national economic and social development in their administrative areas.

Article 12 The plan for controlling the total amount of discharged pollutants within the territory of the Huaihe River Valley shall include such contents as the exact area in which the total amount of discharged pollutants shall be controlled, the total amount of discharged pollutants, the amount of reduction of discharged pollutants and the time limit for such reduction, and shall also include the areas in which the control of discharged pollutants shall be centered on, lists of key units discharging pollutants out of the aforesaid areas and other contents.

Article 13 For enterprises, institutions and individual businesses discharging pollutants into a water body within the territory of the Huaihe River Valley (hereinafter referred to as “the units discharging pollutants”) which are incorporated into plans for controlling the total amount of discharged pollutants, the control index of the total amount of discharged pollutants shall be decided on the basis of plans for controlling the total amount of discharged pollutants, environmental impact statements for construction projects and declared amounts of discharged pollutants, by competent departments of environmental protection administration in consultation with other related competent departments at the corresponding levels.

The amount of the reduction and the time limit required for such reduction of the control index of the total amount of discharged pollutants shall, in accordance with provisions stipulated by the people's governments at respective levels and in consultation with other related competent departments at the corresponding levels, be appraised and decided by the competent departments of environmental protection administration that issue the aforesaid control index to lower levels.

If a unit discharging pollutants exceeds the limits of the control index of the total amount of discharged pollutants, it shall be ordered by the local people's governments at or above the county level to eliminate and control the pollution within a certain period.

Article 14 The unit discharging pollutants within the major controlling area of discharging pollutants or the key unit discharging pollutants out of the major controlling area of discharging pollutants, which are defined in plans for controlling the total amount of discharged pollutants within the territory of the Huaihe River Valley, must file an application in accordance with related State-stipulated provisions for license for discharging pollutants, and also shall install measuring instruments of discharged sewage at sewage out falls.

Article 15 The competent department of environmental protection administration under the State Council, in consultation with the competent department of water administration under the State Council, shall establish water quality standards for the provincial boundaries within the territory of the Huaihe River Valley in accordance with the plans for controlling the total amount of discharged pollutants within the territory of the Huaihe River Valley and with the four provinces' economic and technological conditions. The aforesaid water quality standards shall go into effect after being approved by the State Council.

Article 16 The Bureau of Protection of Water Resources within the Territory of the Huaihe River Valley shall be responsible for monitoring the water quality of the provincial boundaries of the four provinces, and shall report without delay the monitoring results to the Leading Group.

Article 17 If the discharge of water pollutants by a key unit discharging pollutants within the territory of the Huaihe River Valley exceeds the prescribed standards, it shall be ordered to eliminate and control the pollution within a certain period.

For enterprises and institutions under the jurisdiction of a people's government at or below the city or county level, a deadline for the elimination and control of pollution shall be determined by the relevant people's governments at the city or county level. For enterprises and institutions directly under the jurisdiction of the central government or the people's government at the provincial level, such deadline shall be determined by the people's government at the provincial level.

A list of key units discharging pollutants that have been ordered to eliminate and control the pollution within a certain period shall be drafted, in consultation with the people's governments of the four provinces, by the competent department of environmental protection administration under the State Council. The list shall be promulgated after the verification and consent of the Leading Group.

Article 18 The excess discharge of water pollutants into a water body within the Huaihe River Valley by any industrial enterprise shall be prohibited as of Jan. 1, 1998.

Article 19 Any pollutant discharging unit within the territory of the Huaihe River Valley must take measures to accomplish the elimination and control of pollution within the specified period and to ensure that the discharge of water pollutants shall conform to the limits set by national or local standards. Any pollutant discharging unit

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