(Adopted at the Twenty-Seventh Meeting of the Standing¹ Committee of the First Shenzhen People’s Congress on December26, 1994 and revised in accordance with Resolution on Revising Regulations of the Shenzhen Special Zone on Protection for the Sources of Drinking Water which was adopted at the Eleventh Meeting of the Standing Committee of the Third Shenzhen Municipal Congress on October 17, 2001)
颁布日期：20011218 　实施日期：20020101 　颁布单位：深圳市人大常委会

　　Chapter I General Provisions

　　Article 1 In order to protect the sources of drinking water of the Shenzhen Special Economic Zone, keep people in good health, and promote sustained economic development, these regulations are hereby formulated³ in accordance with Environmental Protection Law of the People’s Republic of China, Law on Prevention and Control of Water Pollution of the People’s Republic of China, and in line with the actual conditions of the Special Zone.

　　Article 2 The responsibilities of protection of sources of drinking water shall be assumed by governments at various levels. People’s governments at various levels shall formulate² plans and specific measures to protect sources of drinking water, and to organize their implementation⁴.

　　The sources of drinking water referred to in these regulations shall mean the sources of surface water of rivers, lakes, reservoirs, ditches, etc. within the limits of the city of Shenzhen.

　　Article 3 The Municipal People’s Government of Shenzhen (hereinafter referred to as “the municipal people’s government”) shall designate protection areas of sources of drinking water, according to the requirements of protection of water sources and water quality, in a region of important sources of drinking water.

　　The protection areas of sources of drinking water shall be graded as Level 1 area, Level 2 area, and quasi-area.

　　Article 4 In protection areas of sources of drinking water, people’s governments at various levels shall strengthen their superintendence of planning for economic development and for construction of the city and townships, adjust industrial structure and distribution, control the population size of protection areas of sources of drinking water, and bring both economic development and construction of the city and townships into line with protection of sources of drinking water.

　　Article 5 People’ governments at various levels shall take measures to launch scientific and technological⁵ research in protection of sources of drinking water, popularize and adopt the advanced practical technology for prevention and control of water pollution as well as for protection of water sources, and encourage clean production.

　　To those units and individuals distinguishing themselves by their accomplishments⁶ in protection of sources of drinking water, people’s governments at various levels or related departments shall give either commendation or awards.

　　Article 6 Any unit and individual shall have the obligation to protect sources of drinking water and also the right to report and to bring a charge of acts of polluting water and damaging sources of drinking water.

　　Chapter II Supervision⁷ and Administration

　　Article 7 The administrative⁸ departments of the municipal and district governments in charge of environmental protection (hereinafter referred to as “departments of environmental protection”) shall be responsible for unified⁹ supervision and administration of protection of sources of drinking water under their respective jurisdiction¹⁰, their duties shall be as follows:

　　(1) to carry out the state’s guiding principles and policies concerning protection of sources of drinking water, to organize implementation of law, regulations, and rules on protection of sources of drinking water;

　　(2) to work out plans for designation of protection areas of sources of drinking water as well as for protection of sources of drinking water jointly¹¹ with administrative departments in charge of water affairs, planning, and land resources;

　　(3) to coordinate¹² the work of protection of sources of drinking water among related administrative departments;

　　(4) to be responsible for supervision and management of industrial pollution, consumer pollution, and the pollution caused by livestock¹³ breeding, aquaculture, and construction;

　　(5) to be responsible for supervision and testing of the water quality of sources of drinking water;

　　(6) to investigate and to deal with accidents of polluting of sources of drinking water;

　　(7) to fulfill¹⁴ other duties specified¹⁵ by law, regulations, and rules.

　　The municipal department of environmental protection may entrust¹⁶ its subordinate agency of protection of sources of drinking water with specific supervision and administration.

　　Article 8 The related responsible administrative departments of the municipal and district people’s governments must do well in supervision and administration of protection of sources of drinking water according to the following duties:

　　(1) the administrative departments in charge of planning and land resources shall be responsible for planning and administration of protection areas of sources of drinking water and other places of sources of drinking water, correct, investigate, and deal with acts of illegal land use, give priority to the land use for both the projects to protect sources of drinking water and the projects to move to the other place for development;

　　(2) the administrative departments in charge of water affairs shall be responsible for supervision and administration within the waters of sources of drinking water, work on conservation of water and soil to protect the areas of sources of drinking water, pay full attention to the requirements for water quality of sources of drinking water in the development and utilization¹⁷ of water resources;

　　(3) the administrative departments in charge of construction shall be responsible for administration of building a system of waste discharging pipes and facilities to dispose of consumer waste water, consumer garbage;

　　(4) the administrative departments in charge of agriculture, forestry¹⁸, and fishery shall be responsible for protection and management of vegetation, control of the pollution of sources of drinking water caused by agricultural chemicals, chemical fertilizer, plastic films for farming, droppings of poultry¹⁹ and livestock;

　　(5) the departments in charge of urban management shall be responsible for collection, shipping²⁰ and harmless disposing of urban consumer garbage, and also for management of urban systems of waste discharging pipes and facilities to dispose of waste water;

　　(6) the administrative departments in charge of public health shall be responsible for supervision and administration of the sanitation²¹ quality of sources of drinking water;

　　(7) the departments of public security shall be responsible for administration of both storing and shipping of extraordinarily²² poisonous substance and dangerous chemicals;

　　(8) the administrative departments in charge of development planning, labor²³, public security, and the other related departments shall be, under their respective jurisdiction, responsible for the population management in protection areas of sources of drinking water, and control of the mechanical growth of the population of protection areas of sources of drinking water;

　　(9) the administrative departments in charge of development planning, economic development, finance, industrial and commercial administration and the other related departments shall, in accordance with the requirements for protection of sources of drinking water, adjust industrial structure and distribution of planned projects, provide funding for protection of sources of drinking water and make sure of implementation of various policies;

　　(10) the departments in charge of administrative supervision shall be responsible for supervision over protection of sources of drinking water and implementation of these regulations.

　　Article 9 The people’s governments of districts and townships, administrative offices of neighborhood, and committees of village residents (urban quarter residents) in protection areas of sources of drinking water and other places of sources of drinking water shall educate, supervise and urge residents to abide²⁴ by law, regulations on protection of sources of drinking water, do a good job in building and management of facilities to dispose of consumer waste water and garbage within the limits of the region of their location, support and collaborate²⁵ with departments of environmental protection and other related departments on investigation²⁶ and dealing²⁷ with illegal acts of pollution and damage of sources of drinking water.

　　Article 10 People’s governments at various levels and related responsible administrative departments shall strengthen the protection of vegetation and conservation of water and soil in the areas of sources of drinking water, and organize ecological²⁸ afforestation.

　　Chapter 3 Protection of Sources of Drinking Water and Control of Pollution

　　Article 11 The general goal of protection of sources of drinking water is to ensure that water quality of sources of drinking water shall meet the standard set by the state and drinking water shall be clean, sanitary²⁹, and safe.

　　Article 12 The municipal people’s government shall set boundary markers for protection areas of sources of drinking water.

　　It shall be forbidden for any unit and individual to change, damage the boundary markers without authorization³⁰.

　　Article 13 The following rules shall be complied with within protection areas of sources of drinking water:

　　(1) it shall be forbidden to undertake construction, reconstruction³¹ and extension of construction for the production projects of printing and dyeing, papermaking, tanning, electroplating, chemical engineering, smelting³², oil refining, brewing³³, chemical fertilizer, dye, pesticide³⁴, etc. or for the projects and facilities which discharge Level 1 pollutants³⁵ according to the state standard, but with the exception of those cases to which the other rules of these regulations are applicable;

　　(2) it shall be forbidden to build a new outlet³⁶ to discharge waste water to the waters of sources of drinking water;

　　(3) it shall be forbidden to discharge, dump waster water to reservoirs;

　　(4) it shall be forbidden to set up a warehouse³⁷ or yard for extraordinarily poisonous substance;

　　(5) it shall be forbidden to set up recycling and processing facilities for industrial waste and other waste polluting sources of drinking water;

　　(6) it shall be forbidden to pile, fill and cover up, and dump the dangerous waste;

　　(7) it shall be forbidden to dump garbage, feces, residue³⁸ soil and other waste to the waters of sources of drinking water;

　　(8) it shall be reported to the departments of public security for approval to ship extraordinarily poisonous substance, and effective measures shall be taken to prevent spilling, leaking, and proliferation;

　　(9) it shall be forbidden to raise livestock such as pigs, cattle, and sheep, etc.;

　　(10) it shall be forbidden to destroy a forest for reclaiming³⁹ land and planting fruit trees.

　　Article 14 Within a Level 2 protection area of sources of drinking water, the following rules shall be complied with in addition to those rules of Article 13:

　　(1) it shall be forbidden to store and use extra-poisonous and high-residue pesticide and to store extraordinarily poisonous substance. If it is indeed necessary to use extraordinarily poisonous substance, a report shall be filed to the related departments for approval, and effective measures shall be taken to prevent pollution. Using pesticide, chemical fertilizer shall follow the related rules in order to prevent the pollution of sources of drinking water;

　　(2) it shall be forbidden to undertake construction, reconstruction, and extension of construction of quarries⁴⁰, brickyards;

　　(3) it shall be forbidden to fill and cover up industrial waste, consumer garbage, and other waste, when they are disposed of or piled up temporarily, effective measures shall be taken to prevent pollution;

　　(4) both the measures to prevent spilling, seeping⁴¹, leaking and the emergency measures to deal with accidents shall be taken for storing, shipping, and using acid, lye, poisonous liquid, organic solvent⁴², oil, pesticide, chemical fertilizer and other materials which may pollute sources of drinking water;

　　(5) to undertake construction, reconstruction, and extension of construction for the other projects and facilities which may pollute sources of drinking water shall be reported to the departments of environmental protection for approval.

　　Article 15 Within a Level 1 protection area of sources of drinking water, the following rules shall be complied with in addition to those rules of Articles 13, 14:

　　(1) it shall be forbidden to undertake construction, reconstruction, and extension of construction of residential⁴³ houses, office buildings, factory buildings, etc. and the other projects and facilities which have nothing to do with water works and protection of sources of drinking water;

　　(2) it shall be forbidden for vehicles shipping extraordinarily poisonous substance to pass through the area;

　　(3) it shall be forbidden to engage in livestock breeding, the effective measures shall be taken to prevent the water quality pollution of sources of drinking water and soil erosion when engaging in planting;

　　(4) it shall be forbidden within the waters of sources of drinking water to engage in fish farming by mesh⁴⁴ boxes and the other activities of aquaculture which may pollute sources of drinking water;

　　(5) it shall be forbidden to dump, pile up, fill and cover up garbage, feces, residue soil and the other waste;

　　(6) it shall be forbidden within the waters of sources of drinking water to do washing, swimming, driving a motorboat, piloting water plane and to engage in the other activities which may pollute sources of drinking water.

　　Article 16 The projects and facilities which are not forbidden by these regulations but have effects on sources of drinking water shall be dealt with by the related rules.

　　Article 17 To undertake construction for the projects and facilities referred to in Item (1) of Article 13, approval by the municipal people’s government shall be required in addition to the following requirements:

　　(1) they must be the accessory projects and facilities of large enterprises of high and new technology;

　　(2) the construction must not be undertaken within a Level 1 protection area;

　　(3) the effective measures must be taken to prevent and control the pollution, and the environmental evaluation⁴⁵ must be done by the related departments of government;

　　(4) the discharge must be supervised and tested by the related departments of government, meet the discharging standard set by the state, and have indeed no polluting damage to sources of drinking water.

　　Article 18 The projects and facilities, which are forbidden by these regulations, but have already been completed within protection areas of sources of drinking water before the promulgation⁴⁶ of these regulations, shall be dealt with according to the following rules:

　　(1) for those having no approval from a department of environmental protection, an order shall be given to stop operation and to be closed and dismantled⁴⁸ by a deadline;

　　(2) for those having approval from a department of environmental protection, an order shall be given to rectify⁴⁹ by a deadline; if the term of business has expired, an order shall be given to stop operation, close, and change the type of business;

　　(3) for the outlets⁵⁰ which are used by enterprises, institutions, and individual operators to discharge waste water directly to waters, an order shall be given to dismantle⁴⁷ them by a deadline.

　　The decisions, specified in the above section, on stopping operation by a deadline,closing and rectifying⁵¹ by a deadline, dismantling⁵² by a deadline shall be made by departments of environmental protection, but for those decisions which have major impact on the life of all the city residents or on social and economic developments, they shall be reported to the municipal people’s government for approval.

　　Article 19 The effective measures shall be taken to prevent and control the pollution in order to have sources of water well protected in case of engaging in production, development and the other activities within an area of source of drinking water which has not been designated as a protection area of sources of drinking water.

　　Article 20 People’s governments at various levels shall encourage and support the local residents of Level 1 protection areas of sources of drinking water to move to the other places for development, guide the local residents of Level 2 protection areas to develop the projects of production and operation without polluting.

　　Article 21 The people’s governments of districts and townships, and administrative offices of neighborhood in a protection area of sources of drinking water shall, in accordance with the protection area’s overall plan for social and economic development and its plan for protection of sources of drinking water, organize disposal of consumer waste water and garbage.

　　For those places and units which have not built facilities for disposal of consumer waste water and garbage or have not had these facilities to meet the requirements for protection of sources of drinking water, the municipal and district people’s governments shall order completion of the facilities for disposal of waste water and garbage or improvement of these facilities by a deadline. Before that deadline, the departments of environmental protection and the other related responsible departments shall not be allowed to examine and approve new construction projects for these places and units.

　　Article 22 People’s governments at various levels shall raise funds vigorously for centralization of disposal of consumer waste water and garbage in protection areas of sources of drinking water.

　　Article 23 In a place which has already built the facilities for centralized disposal of consumer waste water and garbage, the consumer waste water and garbage discharged by any unit and individual shall be put at centralized disposal, it shall be forbidden to discharge them without authorization.

　　Within a protection area of sources of drinking water, if the facilities for centralized disposal of consumer waste water and garbage have not been built, the restaurants, hotels, office buildings, commercial buildings, residential quarters, dormitories for staff and workers of enterprises, etc. must have their accessory facilities for disposal of consumer waste water which shall be discharged only after meeting the standard through disposal.

　　Article 24 Any organization and individual shall not be allowed to rent land, buildings, structures within a protection area of sources of drinking water to other people to engage in the production, operation and activities which are forbidden by these regulations.

　　Article 25 In order to undertake development, production and other activities, effective measures shall be taken to prevent damage to vegetation and soil erosion.

　　For land development, and earth-taking, earth-bulldozing, earth-filling and other earthwork projects, the effective measures to conserve⁵³ water and soil such as retaining walls, slope protection, etc. shall be taken before starting operation, the vegetation shall be restored after construction has been completed, the completed construction shall be put to use only after passing the examination and acceptance done by a related responsible department.

　　Article 26 The departments of environmental protection shall organize a clean-up of the pigs, cattle, and sheep raised in a protection area of sources of drinking water and arrange dismantling of the related raising facilities. The people’s governments of the related districts and townships, committees of village residents (city residents) shall be responsible for specific clean-up and dismantling, the related departments shall offer their cooperation.

　　Article 27 It shall be forbidden to use seepage⁵⁴ pits, seepage wells, crevices⁵⁵, water-eroded caves and other improper⁵⁶ ways for discharging waste water. Effective measures shall be taken to prevent polluting of groundwater in case of engaging in development, production and other activities.

　　Article 28 In case of an unexpected accident within a protection area of sources of drinking water or in other places of sources of water, which has incurred⁵⁷ or may cause polluting of the waters of sources of drinking water, the related responsible units or individuals shall take emergency measures, inform the units and residents who might be affected⁵⁸ by the damage of pollution, and report to a department of environmental protection in 2 hours for investigation and settlement. After receiving the report, the department of environmental protection shall take effective measures promptly⁵⁹, prevent further pollution and reduce its damage.

　　Article 29 When sources of drinking water being polluted and jeopardizing⁶⁰ the safe water supply, a department of environmental protection shall have the right to order that the units and individuals causing the pollution of sources of drinking water take emergency measures such as to stop production, to stop discharging pollutants, etc.

　　Chapter IV Legal Liabilities

　　Article 30 In case of one of the following acts, either departments of environmental protection or related responsible administrative departments shall, under their respective jurisdiction, order correction, and impose a fine of more than 5,000 but less than 50,000 RMB:

　　(1) in violation⁶¹ of Article 12 of these regulations, to do damage to a boundary marker for a protection area of sources of drinking water;

　　(2) in violation of Item (3) of Article 13 of these regulations, to discharge and dump waste water to reservoirs;

　　(3) in violation of Items (5), (7) of Article 13 of these regulations, to set up recycling and processing yards for industrial and other waste which may pollute sources of drinking water or to dump garbage, feces, residue soil, and other waste to the waters of sources of drinking water;

　　(4) in violation of Item (10) of Article 13 of these regulations, to destroy forest for opening land and planting fruit trees;

　　(5) in violation of Items (1), (3), (4) of Article 14 of these regulations, to store, use extraordinarily poisonous, high-residue pesticides⁶² and to store extraordinarily poisonous substance, or to use extraordinarily poisonous substance, pesticides and chemical fertilizer, without approval, which cause polluting of sources of drinking water, to fill and cover up industrial , consumer garbage and other waste as well as to dispose of and pile up them temporarily without effective measures, or to fail to take effective measures for pollution preventing when storing, shipping, and using articles which might pollute sources of drinking water;

　　(6) in violation of Article 19 of these regulations, to fail to take effective measures for prevention and control of pollution when engaging in production, development and other activities in a place of sources of drinking water which has not been designated as a protection area of sources of drinking water;

　　(7) in violation of Article 23 of these regulations, to discharge untreated consumer waste water, garbage without authorization;

　　(8) in violation of Article 24 of these regulations, to rent land, buildings, structures to other people to engage in the production and activities which are forbidden by these regulations for polluting sources of drinking water.

　　Article 31 In case of one of the following acts, either departments of environmental protection or related responsible administrative departments shall order correction and impose a fine of more than 10,000 but less than 100,000 RMB:

　　(1) in violation of Items (2), (6) of Article 13 of these regulations, to set up a new waste discharging outlets toward sources of drinking water or to pile up, fill and cover up, and dump dangerous waster over there;

　　(2) in violation of Item (8) of Article 13, Item (2) of Article 15 of these regulations, to ship extraordinarily poisonous substance without authorization or fail to take effective measures to prevent pollution in shipping;

　　(3) in violation of Items (3), (4) of Article 15 of these regulations, to engage in livestock breeding or fish farming by mesh boxes and other activities of aquaculture which may pollute sources of drinking water, or to fail to abide by the law, regulations concerning prevention and control of pollution of sources of water when engaging in breeding and planting;

　　(4) in violation of Item (5) of Article 15 of these regulations, to dump, fill and cover up garbage, feces, residue soil, and other waste within a Level 1 protection area of sources of drinking water;

　　(5) in violation of Item (6) of Article 15 of these regulations, to drive a motorboat, to pilot a waterplane, and to engage in other activities polluting sources of drinking water;

　　(6) in violation of Article 27 of these regulations, to pollute sources of groundwater;

　　(7) in violation of Article 28 of these regulations, to fail to report to a department of environmental protection when an accident to pollute sources of drinking water taking place or to fail to take emergency measures according to the rules.

　　Article 32 In case of violation of Item (6) of Article 15 of these regulations by swimming, washing in the waters of sources of drinking water, the departments in charge of water affairs shall order correction and impose a fine of more than 200 but less than 2,000 RMB on each person.

　　Article 33 In case of violation of Article 16 of these regulations, a heavy penalty shall be imposed according to related law, regulations.

　　In case of violation of Items (1), (4), (9) of Article 13, Items (2), (5) of Article 14, Item (1) of Article 15 of these regulations, in addition to a heavy penalty according to related law, regulations, a department of environmental protection shall order stopping operation or the departments in charge of planning and land resources shall do dismantling according to law.

　　Article 34 In case of violation of Item (9) of Article 13 of these regulations by raising pigs, cattle, and sheep within a protection area of sources of drinking water, in addition to the clean-up and dismantling done according to Article 26 of these regulations, a department of environmental protection may confiscate⁶³ illegal appliances, products and illegal earnings⁶⁴, and impose on the person of illegal act a fine of 200 RMB per head according to the number of illegally raised livestock.

　　Article 35 In case of violation of Item (1) of Article 18 of these regulations and failing in completion of rectifying by an ordered deadline, a department of environmental protection shall order stopping use of facilities causing pollution, and impose a fine of more than 10,000 but less than 100,000 RMB; if the case is serious, an order shall be given to stop operation and to close. In case of failing to stop operation, close or change the type of production after the term of business has expired, a department of environmental protection shall order correction and impose a fine of more than 10,000 but less than 100,000 RMB.

　　Article 36 For a unit or individual causing an accident of polluting of sources of drinking water in violation of law , regulations of environmental protection, a department of environmental protection shall, jointly with the related responsible administrative departments, order taking effective measures for settlement and remedy, and impose a fine of more than 10,000 but less than 100,000 RMB or 30% of the loss directly incurred by the pollution of the accident; as for the damage to the resources of water sources, the department of environmental protection shall, jointly with the department in charge of water affairs, order compensation for the loss suffered by the state.

　　For the related responsible persons causing the accident of polluting of sources of drinking water, the units they are affiliated⁶⁵ with or the responsible offices at a higher level shall impose disciplinary sanctions; if the case is serious enough to constitute a crime, the criminal responsibilities shall be ascertained⁶⁶ according to law.

　　Article 37 For those whose permit or business license⁶⁷, according to law, should be revoked⁶⁸ because of their acts of polluting sources of drinking water, the department of environmental protection may report to the related responsible administrative departments for imposing⁶⁹ a penalty according to law.

　　For those who has taken the acts referred to in the above section or who should be given an order to stop operation, close business and dismantle facilities, the department of environmental protection may, if it is necessary, notify the units of water and power supply to stop supplying, the related responsible administrative departments and units of water and power supply shall cooperate.

　　Article 38 If a party concerned refuses to accept a decision of disciplinary sanction made by a district department of environmental protection or other responsible administrative departments at the district level, an application for review may be filed to the municipal department of environmental protection or other municipal responsible administrative departments within 60 days from the date of receiving the notice of sanction. In case of refusing to accept a decision of disciplinary sanction made by the municipal department of environmental protection or the related municipal responsible administrative departments, an application for review may be filed to the review office of the municipal people’s government within 60 days from the date of receiving the notice of sanction. If a party concerned refuses to accept a decision of review, a charge may be brought to the people’s court within 15 days from the date of receiving the decision of review. The party concerned may also bring a charge to the people’s court directly within 15 days from the date of receiving the notice of sanction.

　　If a party concerned has neither applied⁷⁰ for review, nor brought a charge to the people’s court, nor implemented⁷¹ the decision of sanction, the responsible administrative department which has made the decision of sanction shall apply to the people’s court for enforcement.

　　Article 39 The unit and individuals causing the damage of pollution to sources of drinking water shall have the responsibility to remove the danger and to make compensation to those units and individuals directly suffering the loss.

　　If there is a dispute over the responsibility and amount of compensation, a department of environmental protection or the related responsible administrative departments shall, at the request of a party concerned, make a settlement. The party concerned may also bring a charge directly to the people’s court.

　　Article 40 If there is violation of　law, regulations of environmental protection and Article 25 of these regulations which has caused damage to vegetation, soil erosion, and other natural environment damages, legal responsibilities shall be ascertained according to law and regulations.

　　Article 41 If anyone of the personnel of departments of environmental protection and other responsible administrative departments has violated these regulations, abused power, neglected duties, practiced favoritism and engaged in irregularities, the criminal responsibility shall be ascertained according to law in case of constituting a crime; the disciplinary sanction shall be imposed according to the related rules of the state in case of not constituting a crime.

　　Chapter V Supplementary⁷² Provisions

　　Article 42 These regulations shall take effect as of July 1, 1995, when Rules of the Shenzhen City on the Administration of Protection Areas for Sources of Drinking Water promulgated⁷³ by the municipal people’s government on October 21, 1993 shall cease to be effective at the same time. Before the limits of protection areas of sources of drinking water have been re-designated, the limits of protection areas of sources of drinking water designated on February 1, 1992 shall continue to be effective.

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