Article 49 If anyone， in violation¹ of the provisions of the fourth paragraph of Article 20 in this Law， establishes within the first class protected zones for surface source of domestic and drinking water any new construction or expansion project unrelated to water supply facilities and to the protection of water sources， the people's government at or above the county level shall， according to its limit of authorities specified² by the State Council， order the violator to suspend operations or close down.

　　Article 50 If anyone， in violation of the provisions of Article 22 in this Law， produces， sells， imports or uses equipment， or adopts techniques， which have already been prohibited， the competent comprehensive administrative³ department of economy of the people's government at or above the county level shall order the violator to make correction； if the circumstances are serious， the said department shall propose and report to the people's government at the corresponding level for an order of suspension of operations or shutdown issued within its limit of authorities specified by the State Council.

　　Article 51 If anyone， in violation of the provisions of Article 23 in this Law， establishes any small-size enterprise without measures for the prevention and control of water pollution， thereby⁴ causing severe pollution to water environment， the local people's government at the city or county level or the higher people's government shall order to shut down such enterprise.

　　Article 52 An enterprise or institution which has caused severe pollution to water bodies but has failed to accomplish its elimination⁵ by the deadline as required shall， as provided for by the state， pay twice or more the fee for excess discharge； in addition， a fine may be imposed in accordance with the consequent damage and loss， or the said enterprise or institution may be ordered to suspend operations or close down.

　　The fine shall be decided⁶ by the competent environmental protection department. Orders for the suspension of operations or the shutdown of enterprises and institutions shall be issued by the local people's government which set the deadline for the elimination of pollution. Orders for the suspension of operations or shutdown of enterprises and institutions under the jurisdiction⁷ of the Central Government shall be submitted to and approved by the State Council.

　　Article 53 A pollutant⁸ discharging unit which violates this Law， thereby causing a water pollution accident， shall be fined according to the consequent damage and loss by the competent environmental protection department of the local people's government at or above the county level in the place where the accident takes place.

　　In the case of a pollution accident caused to fisheries or caused by vessels⁹， the competent fisheries administration and superintendency agency or the navigation office of the competent transportation department in the place where the accident takes place shall impose a fine respectively according to the consequent damage and loss.

　　If the circumstances are serious in a water pollution accident， the persons responsible shall be subject to disciplinary sanction by the unit to which they belong or by a higher competent authority.

　　Article 54 A party refusing to accept the decision of administrative sanction may bring suit before a people's court within 15 days from the date of receiving the notification. If upon the expiration¹⁰ of the period the party neither brings suit nor complies with the decision， the organ which imposed the sanction may apply to the people's court for compulsory¹¹ enforcement.

　　Article 55 The unit which has caused a water pollution hazard has the responsibility to eliminate it and make compensation to the unit or individual that suffered direct losses.

　　A dispute over liability to make compensation or the amount of compensation may， at the request of the parties， be settled by the competent environmental protection department or by the navigation office of the competent communications department. If a party refuses to accept the decision， he may bring suit before a people's court. The party may also bring suit before the people's court directly.

　　If the water pollution losses are caused by a third party intentionally¹² or negligently¹³， the third party shall be liable to make compensation.

　　The unit discharging pollutants¹⁴ shall bear no liability for water pollution losses occasioned by the victim's own fault.

　　Article 56 If water pollution losses result entirely¹⁵ from irresistible¹⁶ natural disasters which cannot be averted¹⁷ even after reasonable measures have been promptly¹⁸ taken， the party concerned shall be exempted¹⁹ from liability.

　　Article 57 Should any violation of this Law give rise to a serious water pollution accident leading to any grave consequence of heavy public or private property losses or serious personal injury or death， the person responsible for such violation may be investigated for criminal liability by application of Article 115 or 187 of the Criminal Law.

　　Article 58 Personnel conducting supervision²⁰ and management of environmental protection or other relevant state personnel who abuses his power， neglects his duty or engages in malpractices for personal gains shall be given disciplinary sanction by the unit to which he belongs or the competent higher authorities： if his act constitutes a crime， he shall be investigated for criminal responsibility according to law.

　　Chapter VII Supplementary²¹ Provisions

　　Article 59 With regard to individual businesses that discharge pollutants into water bodies and cause severe pollution， standing²² committees of the people's congresses of the provinces， autonomous²³ regions and municipalities directly under the Central Government shall formulate²⁴ measures therefor in accordance with the principles in the provisions of this Law.

　　Article 60 For the purpose of this Law， the definitions of the following terms are：

　　（1） “Water pollution” means the introduction into a water body of any substance which alters the chemical， physical， biological or radioactive properties of the water in such a way as to affect its effective use， endanger human health， damage the ecosystem²⁵ or be deleterious to water quality.

　　（2） “Pollutant” means a substance that is capable of causing water pollution.

　　（3） “Toxic pollutant” means a pollutant that， when ingested by organisms directly or indirectly²⁶， leads to diseases， abnormal be haviour， genetic²⁷ mutation²⁸， physiological²⁹ functional³⁰ disturbance³¹， organism deformity or death of the organisms themselves or their offspring.

　　（4） “Oil” means any kind of oil or its refined products.

　　（5） “Fishery water bodies” means those parts of water bodies designated for the spawning³²， feeding， wintering or migratory³³ passage of fish or shrimp³⁴， and for breeding fish， shrimp or shellfish or growing algae³⁵.

　　Article 61 The environmental protection department of the State Council shall， on the basis of this Law， formulate rules for its implementation³⁷， which shall be put into effect after being submitted to and approved by the State Council.

　　Article 62 This Law shall come into force on November 1， 1984.

　　DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS REGARDING THE REVISION OF THE LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON THE PREVENTION AND CONTROL OF WATER POLLUTION

　　（adopted at the 19th Meeting of the Standing Committee of the Eighth National People's Congress on May 15， 1996， and promulgated³⁸ by Order No. 66 of the President of the People's Republic of China on the same date）

　　The 19th Meeting of the Standing Committee of the Eighth National People's Congress has decided to revise the Law of the People's Republic of China on the Prevention and Control of Water Pollution as follows：

　　1. The second paragraph of Article 7 is amended³⁹ as： “The people's governments of provinces， autonomous regions and municipalities directly under the Central Government may establish its local standards for the discharge of water pollutants for items not specified in the national standards； with regard to items already specified in the national standards， it may set local standards which are more stringent⁴⁰ than the national standards. The local standards for the discharge of water pollutants must be reported to the environmental protection department of the State Council for the record.”

　　2. Add a new article as Article 10： “The prevention and control of water pollution shall be planned in a unified⁴¹ way on the basis of river basins or regions. Water pollution prevention and control plans for major river basins designated by the state shall be drawn⁴² up by the environmental protection department of the State Council in consultation⁴³ with the competent planning department， the water conservancy administration department and other competent departments under the State Council， and the people's governments of involved provinces， autonomous regions and municipalities under the Central Government， and shall be reported to the State Council for approval.

　　“Water pollution prevention and control plans for other river basins involving two or more provinces or counties shall， in accordance with the plans for major river basins designated by the state and with the local practical situations， be drawn up by the environmental protection department in consultation with the water conservancy administration department and other competent departments of the people's government at or above the provincial⁴⁴ level， and the local people's governments involved， and shall be reported to the State Council or the people's government at the provincial level for approval. Plans for other river basins involving two or more counties but not involving different provinces shall be reported by the people's government of the province to the State Council for the record.

　　“The approved plans shall serve as the bases for the prevention and control of water pollution. Any amendment⁴⁵ to an approved plan must be approved by the original approving department.

　　“Local people's governments at or above the county level shall， in accordance with the water pollution prevention and control plans for river basins already approved according to law， organize to formulate plans for the prevention and control of water pollution within their respective administrative areas， and shall incorporate such plans into the medium-and long-term plans and annual plans for the national economy and social development of their respective administrative areas.”

　　3. The third paragraph of Article 13 is amended as： “Facilities for the prevention and control of water pollution at a construction project must be designed， built and commissioned together with the principal part of the project. Such facilities must be inspected by the environmental protection department； if they do not conform to the specified requirements， the said project shall not be permitted to be put into operation or to use.”

　　Add a new paragraph as the fourth paragraph： “The environmental impact statement shall include views of units and residents where the construction project is to be located.”

　　4. The second paragraph of Article 14 is amended as： “The pollutant discharging units mentioned in the preceding paragraph shall report in time if any substantial change occurs in the categories， quantities or concentrations of the water pollutants discharged. Their water pollutant treatment facilities must be kept in normal use. When such facilities are to be dismantled⁴⁷ or left idle， prior approval must be obtained from the environmental protection department of the local people's government at or above the county level.”

　　5. Delete the reading “and shall assume responsibility to eliminate and control the pollution” in Article 15. Add two new paragraphs thereto as the second and the third paragraphs respectively， which read： “The income derived⁴⁸ from the discharge fee and the fee for excess discharge must be used for the prevention and control of pollution and shall not be appropriated for other purposes.

　　“Enterprises and institutions discharging pollutants in excess of the prescribed standards must work out a programme to eliminate and control the pollution， and report such programme to the environmental protection department of the local people's government at or above the county level for the record.”

　　6. Add a new article as Article 16： “Where the water pollutant discharge standards have been reached but cannot ensure the attainment⁴⁹ of the water environment quality standards for water bodies， the people's governments at or above the provincial level may establish a system for controlling the total quantity of major pollutants discharged， and practise a system for determining the quantity of such major pollutants discharged among enterprises which are responsible for reducing the quantity of pollutants discharged. The State Council shall formulate specified measures therefor.”

　　7. Add a new article as Article 17： “The environmental protection department of the State Council may， in consultation with the water conservancy administration department under the State Council and the relevant people's government at the provincial level， and in accordance with uses and functions of water bodies of major river basins designated by the state and with local economic and technological⁵⁰ conditions， set the water environmental quality standards applicable to provincial boundary water bodies of such major river basins， and report to the State Council and implement³⁶ them after approval.”

　　8. Add a new article as Article 18： “The working organs for water resource protection of major river basins designated by the state shall be responsible for monitoring the state of environmental quality of provincial boundary water bodies within their respective river basin areas， and report the monitoring results in time to the environmental protection department and the water conservancy administration department of the State Council； if a leading organ for water resource protection of the river basin has been established with the approval of the State Council， the monitoring results shall in time be reported thereto.”

　　9. Article 10 is changed into Article 19 and amended as： “Urban sewage shall be disposed of in a centralized way.

　　“Competent departments under the State Council and local people's governments at various levels must incorporate into their plans of municipal construction the protection of urban water sources and the prevention and control of urban water pollution， construct and perfect municipal drainage systems， and construct urban sewage treatment facilities in a planned way， in order to strengthen the comprehensive improvement of urban water environment.

　　“Urban sewage treatment facilities shall， according to the state provisions， be used to provide paid service of sewage treatment for pollutant dischargers， and the fee for sewage treatment shall be collected to ensure the normal operation of sewage treatment facilities. Where sewage is discharged in turban sewage treatment facilities and the fee for sewage treatment has been paid therefor， the discharge fee shall not be levied⁵¹. The income derived from the fee for sewage treatment so collected must be used for the construction and operation of urban sewage treatment facilities and may not be appropriated for other purposes.

　　“The State Council shall formulate specific measures for the collection of the sewage treatment fee， and for the management and utilization⁵² of urban sewage treatment facilities.”

　　10. Add a new article as Article 20： “People's governments at or above the provincial level may delineate protected zones for surface sources of domestic and drinking water according to law. Such protected zones include the first and other classes protected zones. Specific water and land areas in the vicinity of intakes⁵³ at a surface source for domestic and drinking water may be delineated as a first class protected zone， and those water and land are as outside the first class protected zone be delineated as other class protected zone. Various classes protected zones shall have their definite geographical⁵⁴ boundaries.

　　“The discharge of waste water into water bodies at the first class protected zones for surface sources of domestic and drinking water shall be prohibited.

　　“Tours， swims and other activities which might cause pollution to domestic and drinking water bodies within the first class protected zones shall be prohibited.

　　“Any new construction project or expansion unrelated to water supply facilities and to the protection of water sources within the first class protected zones for surface sources of domestic and drinking water shall be prohibited.

　　“People's governments at or above the county level shall， according to their limits of authorities specified by the State Council， order to dismantle⁴⁶ or improve within a prescribed time period those sewage out falls already set up within the first class protected zones for surface sources of domestic and drinking water.

　　“The protection of domestic and drinking groundwater sources shall be strengthened.” The State Council shall formulate specific measures for the protection of domestic and drinking water sources.“

　　Delete the phrase “domestic and drinking water sources” in Article 12.

　　11. Add a new article as Article 22： “Enterprises shall adopt clean production techniques which are efficient in the use of raw materials and discharge small quantity of pollutants， and shall strengthen the management to reduce the water pollutants generated.

　　“The state establishes a system for eliminating those backward production techniques and equipment， which cause severe pollution to water environment.

　　“The competent comprehensive administrative department of economy under the State Council shall， in consultation with departments concerned under the State Council， announce a catalogue of techniques which cause severe pollution to water environment and of which the adoption⁵⁵ is to be prohibited upon the expiration of a prescribed time period， as well as a catalogue of equipment which causes severe pollution to water environment and of which the production， sale， importation and use are to be prohibited upon the expiration of a prescribed time period.

　　“Producers， marketers， importers or users must， within the time limit specified by the competent comprehensive administrative department of economy in consultation with departments concerned under the State Council， stop respectively the production， sale， importation or use of equipment listed in the catalogue mentioned in the preceding paragraph. Adopters of production techniques must， within the time limit specified by the competent comprehensive administrative department of economy in consultation with departments concerned under the State Council， stop the adoption of techniques listed in the catalogue mentioned in the preceding paragraph.

　　“Equipment already eliminated according to the provisions in two preceding paragraphs may not be transferred to others for use.”

　　12. Add a new article as Article 23： “The state prohibits the establishment of any new small-size enterprise engaging in chemical paper pulp⁵⁶ making， printing and dyeing， dyestuff， hide processing， electroplating， oil refining or agricultural chemical without measures for the prevention and control of water pollution， and other enterprises which may cause severe pollution to water environment.”

　　13. Add a new article as Article 26： “Water pollution disputes involving different administrative areas shall be settled through negotiation⁵⁷ between or among local people's governments involved therein， or through co-ordination by their common higher people's government.”

　　14. Article 20 is changed into Article 28 and a new paragraph added as the second paragraph： “In the case of any pollution accident caused to fisheries， the fisheries administrative and superintendency agencies shall be responsible for its investigation⁵⁸ and disposal.”

　　15. Add a new article as Article 39： “The agricultural administration department and other relevant departments of a local people's government at or above the county level shall take measures to instruct agricultural producers to apply chemical fertilizers and pesticides⁵⁹ in a scientific and rational manner， and control the excessive use of chemical fertilizers and pesticides， so as to prevent water pollution therefrom.”

　　16. Add a new article as Article 47： “If， in violation of the provisions of the third paragraph of Article 13 in this Law， a construction project is put into operation or to use when its facilities for the prevention and control of water pollution have not completed or fail to meet the state specified requirements， the environmental protection department that approved the environmental impact statement of the said project shall order the violator to stop the operation or use of the project and may concurrently⁶⁰ impose a fine.”

　　Delete Item （2） in Article 37.

　　17. Add a new article as Article 48： “If a pollutant discharging unit， in violation of the provisions of the second paragraph of Article 14 in this Law， intentionally does not keep its water pollutant treatment facilities in normal use， or dismantles⁶¹ or leaves idle such facilities without approval of the environmental protection department， there by discharging pollutants in excess of prescribed standards， the environmental protection department of a local people's government at or above the county level shall order it to restore such facilities to the normal use， or set a time limit for it to reinstall and reuse such facilities， and concurrently impose a fine.”

　　18. Add a new article as Article 49： “If anyone， in violation of the provisions of the fourth paragraph of Article 20 in this Law， establishes within the first class protected zones for surface source of domestic and drinking water any new construction or expansion project unrelated to water supply facilities and to the protection of water sources， the people's government at or above the county level shall， according to its limit of authorities specified by the State Council， order the violator to suspend operations or close down.”

　　19. Add a new article as Article 50： “If anyone， in violation of the provisions of Article 22 in this Law， produces， sells， imports or uses equipment， or adopts techniques， which have already been prohibited， the competent comprehensive administrative department of economy of the people's government at or above the county level shall order the violator to make correction； if the circumstances are serious， the said department shall propose and report to the people's government at the corresponding level for an order of suspension of operations or shutdown issued within its limit of authorities specified by the State Council.”

　　20. Add a new article as Article 51： “If anyone， in violation of the provisions of Article 23 in this Law， establishes any small-size enterprise without measures for the prevention and control of water pollution， thereby causing severe pollution to water environment， the local people's government at the city or county level or the higher people's government shall order to shut down such enterprise.”

　　21. Article 39 is changed into Article 53 and amended as： “A pollutant discharging unit which violates this Law， thereby causing a water pollution accident， shall be fined according to the consequent damage and loss by the competent environmental protection department of the local people's government at or above the county level in the place where the accident takes place.

　　“In the case of a pollution accident caused to fisheries or caused by vessels， the competent fisheries administration and superintendency agency or the navigation office of the competent transportation department in the place where the accident takes place shall impose a fine respectively according to the consequent damage and loss.

　　“If the circumstances are serious in a water pollution accident， the persons responsible shall be subject to disciplinary sanction by the unit to which they belong or by a higher competent authority.”

　　22. Add a new article as Article 58： “Personnel conducting supervision and management of environmental protection or other relevant state personnel who abuses his power， neglects his duty or engages in malpractices for personal gains shall be given disciplinary sanction by the unit to which he belongs or the competent higher authorities： if his act constitutes a crime， he shall be investigated for criminal responsibility according to law.”

　　23. Add a new article as Article 59： “With regard to individual businesses that discharge pollutants into water bodies and cause severe pollution， standing committees of the people's congresses of the provinces， autonomous regions and municipalities directly under the Central Government shall formulate measures therefor in accordance with the principles in the provisions of this Law.”

　　This Decision comes into force on the date of the promulgation⁶².

　　The Law of the People's Republic of China on the Prevention and Control of Water Pollution shall be republished after being correspondingly revised according to this Decision.

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