Contents　　

Chapter I　General Provisions

Chapter II  Environmental Impact Assessment For Plans

Chapter III  Environmental Impact Assessment For Construction Projects

Chapter IV  Legal Liability

Section 1 General Provisions

Section 2 Prevention of industrial water pollution

Section 3 Prevention and Control of Urban Water Pollution

Section 4 Prevention of Agricultural and Rural Water Pollution

Section 5 Prevention and Control of Ship Water Pollution

Chapter V   Supplementary Provisions

Chapter VI Disposal of Water Pollution Accidents

Chapter VII Legal Liability

Chapter VIII Supplementary Provisions

Chapter I　General Provisions

Article 1  This Law is enacted for the purpose of protecting and improving the environment, preventing and controlling water pollution, protecting the water ecology, ensuring the safety of drinking water, safeguarding public health, promoting the construction of ecological civilization, and promoting sustainable economic and social development.

Article 2  This Law applies to prevention and control of pollution of rivers, lakes, canals, irrigation channels, reservoirs and other surface water bodies and of ground water bodies within the territory of the People's Republic of China.

Marine pollution prevention and control applies to the Marine Environmental Protection Law of the People's Republic of China.

Article 3  Water pollution prevention and control should adhere to the principle of prevention, combination of prevention and control, and comprehensive management, and give priority to the protection of drinking water sources. Strictly control industrial pollution, urban living pollution, prevent and control agricultural non-point source pollution, actively promote the construction of ecological governance projects, prevent, control and reduce water environmental pollution and ecological damage.

Article 4  he people's government at or above the county level shall incorporate water environmental protection work into the national economic and social development plan.

Local people's governments at various levels are responsible for the quality of the water environment in their respective administrative areas, and measures shall be taken in time to prevent and control water pollution.

Article 5  The provinces, cities, counties, and townships have established a long river system, and hierarchically organized and led the water resources protection, waterfront shoreline management, water pollution prevention, and water environment management of rivers and lakes within the administrative region.

Article 6  The state implements the water environmental protection target responsibility system and assessment evaluation system, and regards the completion of water environmental protection objectives as the content of assessment and evaluation of local people's governments and their responsible persons.

Article 7  The state encourages and supports the scientific and technological research on water pollution prevention and the promotion and application of advanced applicable technologies, and strengthens the publicity and education of water environmental protection.

Article 8  The State shall establish and improve a compensation mechanism for water environment ecological protection in areas of drinking water source protection areas and upstream areas of rivers, lakes and reservoirs through means of fiscal transfer payments.

Article 9  The competent department of environmental protection of the people's government at or above the county level shall implement unified supervision and management of water pollution prevention and control.

The maritime administrative agency of the competent department of communications shall supervise and administer the prevention and control of polluted waters in ships.

The water resources administration, land and resources, sanitation, construction, agriculture, fisheries and other departments of the people's governments at or above the county level, as well as watershed protection organizations for important rivers and lakes, shall supervise and manage the relevant water pollution prevention and control within their respective functions and responsibilities.

Article 10  The discharge of water pollutants shall not exceed the national or local standards for water pollutant discharge and the total amount of key water pollutant discharge control indicators.

Article 11  Any unit or individual has an obligation to protect the water environment and has the right to report the pollution damage to the water environment.

The people's governments at or above the county level and their relevant competent departments shall commend and reward the units and individuals that have made outstanding achievements in the prevention and control of water pollution.

Chapter II  Environmental Impact Assessment For Plans

Article 12  The environmental protection department of the State Council formulates national water environmental quality standards.

The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may formulate local standards for projects that are not specified in the national water environment quality standards, and report them to the competent department of environmental protection under the State Council for the record.

Article 13  The competent department of environmental protection under the State Council, together with the water administrative department of the State Council and the relevant people's governments of provinces, autonomous regions and municipalities directly under the Central Government, may determine the important rivers and lakes according to the functions of water bodies in important rivers and lake basins determined by the state and the economic and technical conditions of the relevant regions. The water environment quality standards applicable to the provincial waters in the basin shall be implemented after being approved by the State Council.

Article 14  The competent department of environmental protection under the State Council shall formulate national water pollutant discharge standards in accordance with national water environmental quality standards and national economic and technological conditions.

The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may formulate local water pollutant discharge standards for projects that are not specified in the national water pollutant discharge standards;

For the projects already specified in the national water pollutant discharge standards, local water pollutant discharge standards that are stricter than the national water pollutant discharge standards can be formulated. Local water pollutant discharge standards shall be reported to the competent department of environmental protection under the State Council for the record.

Where water pollutants are discharged to water bodies that have local water pollutant discharge standards, local water pollutant discharge standards shall be implemented.

Article 15  The competent department of environmental protection under the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, in accordance with the requirements of water pollution prevention and control, and the economic and technical conditions of the state or localities, timely revise the water environmental quality standards and water pollutant discharge standards.

Article 16  Water pollution prevention and control should be planned in a unified manner according to the basin or by region. The water pollution prevention and control plan for important rivers and lakes determined by the state shall be prepared by the competent department of environmental protection under the State Council in conjunction with the State Council's comprehensive economic macro-control, water administration and other relevant provinces, autonomous regions, and municipalities directly under the Central Government, and submitted to the State Council for approval.

The water pollution prevention and control plan for rivers and lakes in other provinces, autonomous regions and municipalities directly under the Central Government, as stipulated in the preceding paragraph, shall be governed by the relevant provinces, autonomous regions and municipalities directly under the Central Government according to the water pollution prevention and control plans of the rivers and lakes determined by the state and local actual conditions. The competent department of environmental protection shall prepare with the water administrative department at the same level and the relevant municipal and county people's governments, and shall be examined and approved by the people's government of the relevant province, autonomous region or municipality directly under the Central Government.

The water pollution prevention and control plan for rivers and lakes across provinces in provinces, autonomous regions, and municipalities directly under the Central Government shall be governed by the environmental protection authorities of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government in accordance with the water pollution prevention and control plans for important rivers and lakes determined by the state and local actual conditions. Compiled by the water administrative department at the same level, reported to the people's government of the province, autonomous region or municipality directly under the Central Government for approval, and reported to the State Council for the record.

The approved water pollution prevention and control plan is the basic basis for prevention and control of water pollution, and the revision of the plan must be approved by the original approval authority.

Local people's governments at or above the county level shall organize the formulation of water pollution prevention and control plans for their administrative areas in accordance with the water pollution prevention and control plans for rivers and lakes approved by law.

Article 17  The relevant municipal and county-level people's governments shall, in accordance with the requirements of the water environment quality improvement target determined by the water pollution prevention and control plan, formulate a deadline-to-standard plan and take measures to meet the targets on schedule.

The relevant people's governments at the city or county level shall report to the people's government at the next higher level for the record of the deadline, and disclose it to the public.

Article 18  When the municipal and county-level people's governments report to the people's congress at the corresponding level or their standing committees on the completion of environmental conditions and environmental protection objectives, they shall report the implementation of the water environment quality deadlines and disclose them to the public.

Chapter III  Environmental Impact Assessment For Construction Projects

Article 19  New construction, reconstruction, and expansion of construction projects and other water facilities that directly or indirectly discharge pollutants into water bodies shall be subject to environmental impact assessment according to law.

Where a construction unit builds, rebuilds or expands a sewage outfall in a river or a lake, it shall obtain the consent of the water administrative department or the river basin management institution; In the case of navigation or fishery waters, the competent department of environmental protection shall, when approving the environmental impact assessment document, seek the opinions of the competent department of transportation and fishery.

The water pollution prevention and control facilities of the construction project shall be designed, constructed and put into use simultaneously with the main project. The water pollution prevention and control facilities shall comply with the requirements of the approved or filed environmental impact assessment documents.

Article 20  The state implements a total amount control system for key water pollutant discharges.

The key control indicators for key water pollutant discharges shall be submitted to the State Council for approval and implementation by the competent department of environmental protection under the State Council after consulting the relevant departments of the State Council and the people's governments of the provinces, autonomous regions and municipalities directly under the Central Government.

The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall, in accordance with the provisions of the State Council, reduce and control the total amount of key water pollutants discharged from their respective administrative regions. The specific measures shall be prescribed by the competent department of environmental protection under the State Council in conjunction with the relevant departments of the State Council.

The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may, in accordance with the water environment quality conditions and the needs of water pollution prevention and control work in their respective administrative regions, exercise total control over the discharge of other water pollutants other than national key water pollutants.

For areas exceeding the key water pollutant discharge total control indicators or the unfinished water environmental quality improvement targets, the environmental protection authorities of the people's governments at or above the provincial level shall consult with the relevant departments on the main responsible persons of the people's governments in the area and suspend the approval of new ones. Environmental impact assessment documents for construction projects that increase the total amount of key water pollutants discharged. The interview situation should be disclosed to the public.

Article 21  Enterprises and institutions and other production and operation operators that directly or indirectly discharge industrial wastewater and medical sewage into water bodies and other wastewater and sewage that can be discharged according to the regulations shall obtain a discharge permit; The operating unit of the urban sewage centralized treatment facility shall also obtain a sewage discharge permit. The discharge permit shall specify the type, concentration, total amount and discharge destination of the discharged water pollutants. The specific measures for discharge permits shall be prescribed by the State Council.

It is forbidden for enterprises, institutions and other production and business operators to discharge the wastewater and sewage specified in the preceding paragraph to the water body without a sewage permit or a violation of the sewage permit.

Article 22  Enterprises and institutions and other producers and operators who discharge pollutants into water bodies shall set up sewage outlets in accordance with laws, administrative regulations and the regulations of the competent department of environmental protection under the State Council; Where sewage outlets are installed in rivers and lakes, the provisions of the water administrative department of the State Council shall also be observed.

Article 23  Enterprises and institutions and other production and operation operators that implement pollution discharge permit management shall, in accordance with relevant state regulations and monitoring regulations, self-monitor the discharged water pollutants and keep the original monitoring records. The key pollutant discharge units shall also install automatic monitoring equipment for water pollutant discharge, network with the monitoring equipment of the environmental protection department, and ensure the normal operation of the monitoring equipment. The specific measures shall be prescribed by the environmental protection department of the State Council.

The list of key pollutant discharge units for water pollutant discharge automatic monitoring equipment shall be installed, and the environmental protection department of the local people's government at or above the municipal level shall, according to the environmental capacity of the administrative region, the total water pollutant discharge total control index, and the sewage discharge. Factors such as the type, quantity and concentration of pollutants discharged by the unit shall be determined by the relevant departments at the same level.

Article 24  Enterprises and institutions and other production operators that implement pollution discharge permit management shall be responsible for the authenticity and accuracy of the monitoring data.

The competent department of environmental protection found that the data transmitted by the automatic monitoring equipment for water pollutant discharge of key pollutant discharge units was abnormal and should be investigated in time.

Article 25  The state establishes a water environment quality monitoring and water pollutant discharge monitoring system. The competent department of environmental protection under the State Council is responsible for formulating water environment monitoring norms, uniformly publishing information on national water environment conditions, organizing monitoring networks with water administration departments of the State Council, uniformly planning the setting of national water environmental quality monitoring stations (points), and establishing monitoring data sharing mechanisms. Strengthen the management of water environment monitoring.

Article 26  The water resources protection work institutions of important rivers and lake basins determined by the state are responsible for monitoring the water environment quality of the provincial waters in their basins, and timely reporting the monitoring results to the environmental protection department of the State Council and the water administrative department of the State Council; The approved watershed water resources protection leading body shall promptly report the monitoring results to the river basin water resources protection leading organization.

Article 27  When relevant departments of the State Council and local people's governments at or above the county level develop, utilize, regulate and dispatch water resources, they shall make overall plans to maintain reasonable flow of rivers and reasonable water levels of lakes, reservoirs and groundwater bodies, ensure basic ecological water use, and maintain the ecology of water bodies features.

Article 28  The competent department of environmental protection under the State Council shall, in conjunction with the water administration department of the State Council and the relevant people's governments of provinces, autonomous regions and municipalities directly under the Central Government, establish a joint coordination mechanism for water environment protection for important rivers and lakes, and implement unified planning, unified standards, unified monitoring, and unified prevention and control measures.

Article 29  The competent department of environmental protection under the State Council and the competent department of environmental protection of the people's government of the province, autonomous region or municipality directly under the Central Government shall, in conjunction with the relevant departments at the same level, clarify the requirements for ecological environmental protection of the basin according to the functional needs of the ecological environment of the basin, organize the monitoring and evaluation of the carrying capacity of the environmental resources of the basin, and implement the basin early warning of environmental resource carrying capacity.

The local people's governments at or above the county level shall organize the protection and restoration of rivers, lakes and wetlands according to the functional needs of the ecological environment of the river basin, and construct ecological wetland management and protection such as artificial wetlands, water conservation forests, vegetation buffer zones along the rivers along the river and isolation belts. Engineering, rectifying black and odorous water bodies, and improving the carrying capacity of environmental resources in river basins.

To engage in development and construction activities, effective measures should be taken to maintain the ecological environment function of the river basin and strictly observe the red line of ecological protection.

Article 30  The competent department of environmental protection and other departments that exercise supervision and management rights in accordance with the provisions of this Law shall have the right to conduct on-site inspections of the pollutant discharge units within the jurisdiction, and the unit under inspection shall truthfully reflect the situation and provide necessary information. The inspection authority is obliged to keep the trade secrets obtained during the inspection for the unit being inspected.

Article 31  Water pollution disputes across administrative areas shall be settled through consultations by relevant local people's governments or coordinated by their common superior people's governments.

Chapter IV  Legal Liability

Section 1 General Provisions

Article 32  The competent department of environmental protection under the State Council shall, in conjunction with the competent health department of the State Council, publish a list of toxic and hazardous water pollutants according to the degree of harm and impact on public health and ecological environment, and implement risk management.

Enterprises and institutions and other producers and operators who stipulate the toxic and harmful water pollutants listed in the preceding paragraph shall monitor the sewage outlets and the surrounding environment, assess environmental risks, investigate environmental safety hazards, and disclose information on toxic and harmful water pollutants. Take effective measures to prevent environmental risks.

Article 33  It is forbidden to discharge oil, acid, lye or highly toxic waste into the water.

It is forbidden to clean vehicles and containers containing oil or toxic pollutants in water.

Article 34  It is prohibited to discharge or dump radioactive solid waste or wastewater containing high radioactive and medium radioactive substances into water bodies.

Discharge of wastewater containing low-level radioactive materials into water bodies shall comply with the State's regulations and standards for the prevention and control of radioactive pollution.

Article 35  To discharge hot waste water into the water body, measures should be taken to ensure that the water temperature of the water body meets the water environmental quality standards.

Article 36  Sewage containing pathogens should be disinfected; it can only be discharged after meeting relevant national standards.

Article 37  It is forbidden to discharge into the water body, dump industrial waste, urban garbage and other waste.

It is forbidden to discharge, dump or directly bury the soluble highly toxic waste containing mercury, cadmium, arsenic, chromium, lead, cyanide, yellow phosphorus, etc. into the water.

Water-soluble, anti-leakage and anti-leakage measures shall be taken for the storage of soluble poisonous waste residue.

Article 38  It is forbidden to stack and store solid waste and other pollutants on beaches and bank slopes below the highest water level of rivers, lakes, canals, channels and reservoirs.

Article 39  It is forbidden to use water seepage, seepage pits, fissures, karst caves, private concealed pipes, tampering, forgery of monitoring data, or improper operation of water pollution control facilities to evade supervision and discharge of water pollutants.

Article 40  The operation and management units of chemical production enterprises and industrial agglomeration areas, mining areas, tailings ponds, hazardous waste disposal sites, landfills, etc. shall take measures such as leakage prevention and construction of groundwater quality monitoring wells. Monitor to prevent groundwater contamination.

Underground tanks such as gas stations should use double-layer tanks or other effective measures such as construction of anti-seepage tanks, and conduct leakage prevention monitoring to prevent groundwater pollution.

It is forbidden to use waste channels, pits, etc. without leakage prevention measures to transport or store waste water containing toxic pollutants, sewage containing pathogens and other wastes.

Article 41  Where the water quality of the multi-layer groundwater has a large difference, it shall be stratified mining; the contaminated diving and confined water shall not be mixedly mined.

Article 42  Construction of underground engineering facilities or underground exploration, mining and other activities, should take protective measures to prevent groundwater pollution.

Retirement of mines, drilling or water wells, etc., should be carried out for sealing or backfilling.

Article 43  Artificial recharge of groundwater should not deteriorate groundwater quality.

Section 2 Prevention of industrial water pollution

Article 44  The relevant departments of the State Council and the local people's governments at or above the county level shall reasonably plan the industrial layout, require enterprises that cause water pollution to carry out technological transformation, adopt comprehensive prevention and control measures, increase the reuse rate of water, and reduce the discharge of wastewater and pollutants.

Article 45  Enterprises that discharge industrial wastewater should take effective measures to collect and treat all the wastewater generated to prevent environmental pollution. Industrial wastewater containing toxic and harmful water pollutants should be collected and treated separately, and should not be diluted.

The industrial agglomeration area shall be equipped with corresponding sewage centralized treatment facilities, install automatic monitoring equipment, network with the monitoring equipment of the environmental protection department, and ensure the normal operation of the monitoring equipment.

If industrial wastewater is discharged to a centralized sewage treatment facility, it shall be pre-treated in accordance with relevant national regulations, and may be discharged after meeting the processing requirements of centralized treatment facilities.

Article 46  The state implements a phase-out system for outdated processes and equipment that seriously pollute the water environment.

The State Council's comprehensive economic macro-control department, in conjunction with the relevant departments of the State Council, publishes a list of processes that are strictly prohibited for use in a heavily polluted water environment and a list of equipment that is strictly prohibited from being produced, sold, imported or used within a limited time.

The producer, seller, importer or user shall stop producing, selling, importing or using the equipment listed in the equipment list specified in the preceding paragraph within the prescribed time limit. The adopter of the process shall stop using the process listed in the process list specified in the preceding paragraph within the prescribed time limit.

Equipment that has been eliminated in accordance with the provisions of paragraphs 2 and 3 of this Article shall not be transferred to others for use.

Article 47  The state prohibits the construction of small papermaking, tanning, printing and dyeing, dyes, coking, sulphur, smelting, smelting, refining, refining, electroplating, pesticides, asbestos, cement, glass, steel, thermal power and other heavily polluted water that do not comply with national industrial policies environmental production projects.

Article 48  Enterprises should adopt a clean process with high utilization efficiency of raw materials and low pollutant emissions, and strengthen management to reduce the generation of water pollutants.

Section 3 Prevention and Control of Urban Water Pollution

Article 49  Urban sewage should be treated centrally.

Local people's governments at or above the county level shall raise funds through budgetary and other channels, and make overall arrangements for the construction of urban sewage centralized treatment facilities and supporting pipe networks to improve the collection rate and treatment rate of urban sewage in their administrative areas.

The competent department of construction under the State Council shall, in conjunction with the State Council's comprehensive economic macro-control and environmental protection departments, organize the preparation of national urban sewage treatment facilities construction plans in accordance with urban and rural planning and water pollution prevention and control plans. The local people's governments at or above the county level shall organize the construction, comprehensive economic macro-control, environmental protection, water administration and other departments to prepare urban sewage treatment facilities construction plans for their respective administrative regions. The competent departments of construction of local people's governments at or above the county level shall, in accordance with the urban sewage treatment facilities construction plan, organize the construction of urban sewage centralized treatment facilities and supporting pipe networks, and strengthen the supervision and management of the operation of urban sewage centralized treatment facilities.

The operating unit of the urban sewage centralized treatment facility shall provide the polluters with paid services for sewage treatment in accordance with state regulations, collect sewage treatment fees, and ensure the normal operation of the sewage centralized treatment facilities. The sewage treatment fee collected shall be used for the construction and operation of the urban sewage centralized treatment facilities and sludge treatment and disposal, and shall not be used for other purposes.

The specific measures for the sewage treatment charges, management and use of urban sewage centralized treatment facilities shall be prescribed by the State Council.

Article 50  The discharge of water pollutants to urban sewage centralized treatment facilities shall comply with the national or local standards for water pollutant discharge.

The operating unit of the urban sewage centralized treatment facility shall be responsible for the effluent water quality of the urban sewage centralized treatment facilities.

The competent department of environmental protection shall supervise and inspect the effluent quality and quantity of the urban sewage centralized treatment facilities.

Article 51  The operating unit of the urban sewage centralized treatment facility or the sludge treatment and disposal unit shall safely dispose of the sludge to ensure that the sludge after treatment and disposal meets the national standards and records the fate of the sludge.

Section 4 Prevention of Agricultural and Rural Water Pollution

Article 52  The state supports the construction of rural sewage and garbage treatment facilities, and promotes centralized treatment of rural sewage and garbage.

Local people's governments at all levels shall make overall plans for the construction of rural sewage and garbage disposal facilities and ensure their normal operation.

Article 53  The quality standards and use standards for chemical fertilizers, pesticides and other products shall be formulated and adapted to the requirements of water environmental protection.

Article 54  The use of pesticides shall comply with the national regulations and standards for the safe use of pesticides.

Transportation, storage of pesticides and disposal of expired pesticides should be strengthened to prevent water pollution.

Article 55  The competent agricultural departments of the local people's governments at or above the county level and other relevant departments shall take measures to guide agricultural producers to apply chemical fertilizers and pesticides scientifically and rationally, and to promote soil testing and fertilization techniques and high-efficiency, low-toxicity and low-residue pesticides. Control the excessive use of chemical fertilizers and pesticides to prevent water pollution.

Article 56  The state supports the construction of livestock and poultry farms, breeding communities, livestock and poultry manure, comprehensive utilization of wastewater or harmless treatment facilities.

Livestock and poultry farms and breeding communities shall ensure the normal operation of their livestock and poultry manure, wastewater or harmless treatment facilities to ensure the discharge of sewage standards and prevent pollution of the water environment.

The county and township people's governments where livestock and poultry intensive areas are located shall organize the collection and centralized treatment of livestock and poultry manure sewage.

Article 57  Engage in aquaculture should protect the ecological environment of the waters, scientifically determine the density of breeding, rationally feed the bait and use drugs to prevent pollution of the water environment.

Article 58  Farmland irrigation water should meet the corresponding water quality standards to prevent pollution of soil, groundwater and agricultural products.

It is forbidden to discharge industrial wastewater or medical sewage to farmland irrigation channels. The discharge of urban sewage to farmland irrigation channels and unutilized livestock and poultry aquaculture wastewater and agricultural product processing wastewater shall ensure that the water quality of the nearest irrigation water intake point in the downstream meets the farmland irrigation water quality standards.

Section 5 Prevention and Control of Ship Water Pollution

Article 59  Ships discharging oily sewage and domestic sewage shall comply with the ship pollutant discharge standards. Ships engaged in marine shipping entering inland rivers and ports shall comply with the standards for discharge of pollutants from inland rivers.

The residual oil and waste oil of the ship should be recycled and prohibited from being discharged into the water body.

It is forbidden to dump ship garbage into water bodies.

Ships carrying oil or toxic cargoes shall take measures to prevent overflow and leakage to prevent water pollution caused by falling water.

Ships that discharge ballast water on ships entering the international route of the People's Republic of China shall use ballast water treatment devices or other equivalent measures to inactivate ballast water. It is forbidden to discharge ballast water from ships that do not meet the requirements.

Article 60  Ships shall be equipped with corresponding anti-fouling equipment and equipment in accordance with relevant state regulations, and shall hold legal and effective certificates and instruments to prevent environmental pollution in waters.

Ships carrying out operations involving pollutant discharge shall strictly abide by the operating procedures and truthfully record them in the corresponding record books.

Article 61  The municipal and county-level people's governments at the ports, terminals, loading and unloading stations and ship repairing plants shall plan and construct the receiving, transshipment and treatment facilities for ship pollutants and wastes.

Ports, terminals, loading and unloading stations and ship repairing plants shall have sufficient receiving facilities for ship pollutants and wastes. Units engaged in ship pollutants, waste receiving operations, or in the handling of tanks for loading oil or pollution-hazardous cargoes shall have the receiving and processing capacity appropriate to the scale of their operations.

Article 62  Ships and related operating units engaged in activities with pollution risks shall take effective measures to prevent water pollution in accordance with relevant laws, regulations and standards. The maritime administrative agency and the competent fishery department shall strengthen the supervision and management of the ship and related operational activities.

The ship shall carry out the operation plan for the handling of dangerous goods contaminated by bulk liquids, adopt effective safety and pollution prevention measures, and report to the maritime management agency for the operation.

Ships are not allowed to be used for ship dismantling operations.

Chapter V   Supplementary Provisions

Article 63  The state establishes a system of drinking water source protection zones. The protection of drinking water sources is divided into primary protection areas and secondary protection areas; if necessary, certain areas can be designated as quasi-protection areas on the periphery of drinking water source protection areas.

The delineation of drinking water source protection areas shall be formulated by the relevant municipal and county people's governments and reported to the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for approval; the delineation of drinking water source protection areas across cities and counties shall be determined by the relevant municipal and county people. The government has proposed a plan for approval by the people's government of the province, autonomous region, or municipality directly under the Central Government. If the consultation fails, the department in charge of environmental protection of the people's government of the province, autonomous region, or municipality directly under the Central Government shall, in conjunction with the water administration, land and resources, health, construction, and other departments at the same level. The plan shall be submitted to the people's government of the province, autonomous region or municipality directly under the Central Government for approval after consulting the relevant departments at the same level.

The drinking water source protection areas across provinces, autonomous regions, and municipalities directly under the Central Government shall be delimited by the relevant provincial, autonomous, and municipal governments directly under the jurisdiction of the relevant river basin management organizations; if the consultation fails, the competent department of environmental protection under the State Council shall agree with the water administration, land resources, and health at the same level. The construction and other departments have proposed a plan, and after consulting the relevant departments of the State Council, they will report to the State Council for approval.

The State Council and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may adjust the scope of drinking water source protection areas to ensure the safety of drinking water according to the actual needs of protecting drinking water sources. The relevant local people's government shall establish clear geographical landmarks and obvious warning signs on the boundary of drinking water source protection areas.

Article 64  It is forbidden to set the sewage outlet in the drinking water source protection zone.

Article 65  It is forbidden to build, rebuild or expand construction projects that are not related to water supply facilities and water conservation in the first-grade protection zone of drinking water sources; the completed construction projects that are not related to water supply facilities and water conservation sources shall be ordered to be demolished or closed by the people's government at or above the county level. .

It is forbidden to engage in cage culture, tourism, swimming, fishing or other activities that may pollute drinking water bodies in the first-grade protection zone for drinking water sources.

Article 66  It is forbidden to build, rebuild or expand the construction projects for discharging pollutants in the secondary protection zone of drinking water sources; the construction projects for the discharge of pollutants that have been completed shall be ordered to be dismantled or closed by the people's government at or above the county level.

In the case of cage culture, tourism and other activities in the secondary protection zone of drinking water sources, measures shall be taken in accordance with regulations to prevent pollution of drinking water bodies.

Article 67  It is forbidden to build or expand construction projects that are seriously polluted by water bodies in the quasi-protection zone of drinking water sources; if the construction projects are rebuilt, the amount of sewage should not be increased.

Article 68  Local people's governments at or above the county level shall, in accordance with the actual needs of protecting drinking water sources, adopt engineering measures or construct ecological protection measures such as wetlands and water conservation forests in quasi-protected areas to prevent direct discharge of water pollutants into drinking water bodies and ensure drinking water safety.

Article 69  Local people's governments at or above the county level shall organize environmental protection departments to investigate and evaluate the environmental conditions and pollution risks of drinking water source protection areas, groundwater drinking water sources and water supply units, and screen for possible pollution risks. Factors and take appropriate risk prevention measures.

If the drinking water source is contaminated and may threaten the safety of the water supply, the competent department of environmental protection shall order the relevant enterprises, institutions and other production and operation personnel to take measures such as stopping the discharge of water pollutants, and notify the drinking water supply unit and the water supply, sanitation and water administration departments. Cross-administrative areas shall also notify the relevant local people's governments.

Article 70  The people's government of a single source water supply city shall construct an emergency water source or a backup water source, and a district with a conditional condition may carry out regional networked water supply.

Local people's governments at or above the county level shall reasonably arrange and arrange rural drinking water sources. Areas with conditions may adopt urban water supply pipe network extension or construction of cross-village and cross-township joint water supply projects to develop centralized water supply.

Article 71  Drinking water supply units should do a good job in water quality testing of water intakes and outlets. If it is found that the water quality of the water intake does not meet the water quality standards of drinking water sources or the water quality of the water outlet does not meet the sanitary standards for drinking water, appropriate measures shall be taken in time and reported to the competent water supply department of the local city or county level people's government. After receiving the report, the competent water supply department shall notify the departments of environmental protection, sanitation, and water administration.

The drinking water supply unit shall be responsible for the water quality of the water supply, ensure the safe and reliable operation of the water supply facilities, and ensure that the water quality of the water supply complies with relevant national standards.

Article 72  Local people's governments at or above the county level shall organize relevant departments to monitor and evaluate the safety status of drinking water such as drinking water sources, water supply units and water quality of users' faucets in their administrative areas.

Relevant departments of local people's governments at or above the county level shall disclose information on the safety status of drinking water to the public at least quarterly.

Article 73  The State Council and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may, in accordance with the needs of water environmental protection, stipulate measures to prohibit or restrict the use of phosphorus-containing detergents, chemical fertilizers, pesticides, and restrictions on planting and breeding in drinking water source protection areas.

Article 74  The people's governments at or above the county level may delimit the water bodies in the scenic spots, important fishery water bodies and other water bodies with special economic and cultural values, and take measures to ensure that the water quality of the protected areas meets the water environment quality standards for the specified purposes.

Article 75  No new sewage outlets shall be built in the protected areas of water bodies, important fishery water bodies and other water bodies with special economic and cultural values. To build a new sewage outfall near the protected area, the water in the protected area should be protected from pollution.

Chapter VI Disposal of Water Pollution Accidents

Article 76  People's governments at all levels and their relevant departments may cause enterprises and institutions with water pollution accidents.

In accordance with the provisions of the "Emergency Response Law of the People's Republic of China", emergency preparedness, emergency response and recovery after a sudden water pollution accident shall be done.

Article 77  Enterprises and institutions that may have water pollution accidents shall formulate emergency plans for water pollution accidents, prepare for emergency response, and conduct regular drills.

Enterprises and institutions that produce and store dangerous chemicals shall take measures to prevent fire-fighting wastewater and waste liquid that may be seriously polluted by water bodies during the process of handling safety production accidents from being directly discharged into water bodies.

Article 78  In the event of an accident or other sudden incident in an enterprise or institution that causes or may cause a water pollution accident, it shall immediately start the emergency plan of the unit, take emergency measures such as isolation, prevent water pollutants from entering the water body, and report to the county where the accident occurred. Reports from local people's governments or environmental protection authorities at or above the level. After receiving the report, the competent department of environmental protection shall report to the people's government at the same level in time and send a copy to the relevant department.

If a fishery pollution accident or a fishery vessel causes a water pollution accident, it shall report it to the fishery competent department at the place where the accident occurred and accept the investigation and handling. Where other ships cause water pollution accidents, they shall report to the maritime administrative agency at the place where the accident occurred, and accept the investigation and handling; if damage is caused to the fishery, the maritime administration shall notify the competent fishery department to participate in the investigation and handling.

Article 79  The municipal and county-level people's governments shall organize the preparation of emergency plans for drinking water safety emergencies.

The drinking water supply unit shall, according to the emergency plan for the emergency of drinking water safety in the locality, formulate a corresponding emergency response plan for the emergency, report it to the local city and county level people's government for the record, and conduct regular drills.

If there is a water pollution accident in the drinking water source or other unexpected events that may affect the safety of drinking water, the drinking water supply unit shall take emergency measures to report to the local city and county people's governments and make them public. The relevant people's government shall promptly launch emergency plans in accordance with the situation and take effective measures to ensure the safety of water supply.

Chapter VII Legal Liability

Article 80  The department in charge of environmental protection or other departments that exercise supervision and management rights in accordance with the provisions of this Law may not make administrative licenses or apply for approval documents according to law, and may not investigate and punish illegal acts or receive reports of illegal acts, or may not Where the Act provides for the performance of duties, the person in charge directly responsible and other persons directly responsible shall be given disciplinary action according to law.

Article 81  To delay or obstruct the supervision department of the environmental protection department or other departments that exercise supervision and management rights in accordance with the provisions of this Law by delaying, containment or detention of law enforcement personnel, or to falsify when receiving supervision and inspection, the environment of the people's government at or above the county level The department in charge of protection or other departments that exercise supervision and management rights in accordance with the provisions of this Law shall be ordered to make corrections and impose a fine of not less than 20,000 yuan but not more than 200,000 yuan.

Article 82  Anyone who violates the provisions of this Law and has one of the following acts shall be ordered by the competent department of environmental protection of the people's government at or above the county level to make corrections within a time limit, and shall be imposed a fine of not less than 20,000 yuan but not more than 200,000 yuan; if it is not corrected within the time limit, it shall be ordered to suspend production for rectification:

　　（一）Failure to self-monitor the discharged water pollutants according to regulations, or fail to preserve the original monitoring records;

　　（二）The automatic monitoring equipment for water pollutant discharge was not installed in accordance with the regulations, and the monitoring equipment of the environmental protection department was not connected according to the regulations, or the monitoring equipment was not guaranteed to operate normally;

　　（三）The sewage outlets and surrounding environment of toxic and harmful water pollutants are not monitored according to regulations, or information on toxic and harmful water pollutants is not disclosed.

Article 83  Anyone who violates the provisions of this Law and has one of the following acts shall be ordered by the competent department of environmental protection of the people's government at or above the county level to make corrections or order to restrict production, suspend production and rectify, and impose a fine of not less than 100,000 yuan but not more than 1 million yuan; if the circumstances are serious, Approved by the people's government with the approval authority, ordered to suspend business, close:

　　(一)Failure to obtain water discharge pollutants from the discharge permit in accordance with the law;

　　(二)Exceeding water pollutant discharge standards or exceeding the key water pollutant discharge total control indicators to discharge water pollutants;

    （三）Use wells, seepage pits, fissures, karst caves, privately set up dark pipes, tampering, forging monitoring data, or improperly operating water pollution control facilities to evade supervision and discharge of water pollutants;

　　(四)The pretreatment is not carried out in accordance with the regulations, and the industrial wastewater that does not meet the processing requirements is discharged to the sewage centralized treatment facility.

Article 84  Where a sewage outfall is set up in a drinking water source protection zone, the local people's government at or above the county level shall order it to be dismantled within a time limit, and a fine of not less than 100,000 yuan but not more than 500,000 yuan; if it is not removed within the time limit, it shall be forcibly removed, and the required expenses shall be punishable by the offender. To bear a fine of not less than 500,000 yuan but not more than 1 million yuan, and can be ordered to suspend production for rectification.

In addition to the provisions of the preceding paragraph, in case of violation of laws, administrative regulations and the provisions of the competent department of environmental protection under the State Council, the environmental protection department of the local people's government at or above the county level shall be ordered to dismantle within a time limit, and a fine of not less than 20,000 yuan but not more than 100,000 yuan shall be imposed. If it is not dismantled within the time limit, it shall be forcibly removed. The expenses shall be borne by the offender, and a fine of not less than 100,000 yuan but not more than 500,000 yuan shall be imposed. If the circumstances are serious, the production may be ordered to stop production.

If the sewage control port is newly built, rebuilt or expanded in the rivers and lakes without the consent of the water administrative department or the river basin management agency, the water administrative department or the river basin management agency of the people's government at or above the county level shall take measures according to the provisions of the preceding paragraph and give measures according to the provisions of the preceding paragraph. Punishment.

Article 85  In any of the following acts, the competent department of environmental protection of the local people's government at or above the county level shall order the suspension of illegal acts, take remedial measures within a time limit, eliminate pollution, and impose fines; if no measures are taken after the deadline, the competent department of environmental protection may designate the ability to govern. The unit is governed by the law, and the expenses are borne by the offender:

　　（一）Discharging oil, acid, and lye into the water;

　　（二）Discharge the highly toxic waste liquid into the water body, or discharge the soluble highly toxic waste residue containing mercury, cadmium, arsenic, chromium, lead, cyanide, yellow phosphorus, etc. into the water body, dump it or directly bury it underground;

　　（三）Cleaning a vehicle or container containing oil or toxic pollutants in a water body;

　　（四）Discharge to water bodies, dump industrial waste, municipal waste or other waste, or stack or store solid waste or other pollutants on beaches, bank slopes below the highest water level of rivers, lakes, canals, channels, and reservoirs;

　　（五）Discharge or dump radioactive solid waste or wastewater containing highly radioactive, medium-level radioactive materials into water bodies;

　　（六）Discharge of wastewater containing low-level radioactive materials, hot waste water or sewage containing pathogens to water bodies in violation of relevant state regulations or standards;

　　（七）No measures such as anti-leakage have been taken, or groundwater quality monitoring wells have not been constructed for monitoring;

　　（八）Underground tanks such as gas stations do not use double-layer tanks or other effective measures such as construction of anti-seepage tanks, or no leakage monitoring;

　　（九）Failure to take protective measures in accordance with the regulations, or use waste channels, pits, etc. without leakage prevention measures to transport or store wastewater containing toxic pollutants, sewage containing pathogens or other waste.

If there is one of the third, fourth, sixth, seventh and eighth acts of the preceding paragraph, a fine of not less than 20,000 yuan but not more than 200,000 yuan shall be imposed. If there is one of the first, second, fifth and ninth acts of the preceding paragraph, a fine of not less than 100,000 yuan but not more than 1 million yuan shall be imposed; if the circumstances are serious, it shall be approved by the people's government with the approval authority. Ordered to close down and close.

Article 86  In violation of the provisions of this Law, the equipment in the list of equipment that is produced, sold, imported or used in a heavily polluted water environment that is prohibited from production, sale, import or use, or in the list of processes listed in the banned use of severely polluted water environments For the process, the comprehensive economic control department of the people's government at or above the county level shall be ordered to make corrections, and a fine of not less than 50,000 yuan but not more than 200,000 yuan shall be imposed; if the circumstances are serious, the economic comprehensive macro-control department of the people's government at or above the county level shall submit an opinion to the applicant. The people's government ordered the suspension of business and closure.

Article 87  Violation of the provisions of this Law, the construction of small paper, leather, printing and dyeing, dyes, coking, sulfur, arsenic, mercury, oil refining, electroplating, pesticides, asbestos, cement, glass, steel, thermal power and others that do not comply with national industrial policies The production projects that seriously pollute the water environment shall be ordered to close by the local municipal and county people's governments.

Article 88  If the operating unit of the urban sewage centralized treatment facility or the sludge treatment and disposal unit does not comply with the national standards or the sludge is not recorded, the urban drainage authority shall order the control measures to be given within a time limit and give warnings. If the serious consequences are caused, a fine of not less than 100,000 yuan but not more than 200,000 yuan shall be imposed; if the measures are not taken within the time limit, the urban drainage authority may designate the unit with the ability to govern to be treated on its behalf, and the expenses shall be borne by the offender.

Article 89  If the ship is not equipped with corresponding anti-pollution equipment and equipment, or if it does not hold a valid and valid certificate or document for preventing water pollution in the waters, the maritime administration and the fishery department shall, in accordance with the division of responsibilities and duties, make corrections within a time limit, at a cost of 2,000 yuan or more and 20,000 yuan. A fine of less than one yuan; if it is not corrected within the time limit, the ship shall be ordered to suspend temporarily.

If the ship conducts operations involving pollutant discharge, fails to abide by the operating procedures or fails to record it in the corresponding record book, the maritime administrative agency and the fishery competent department shall, in accordance with the division of responsibilities, order correction, and impose a fine of not less than 2,000 yuan but not more than 20,000 yuan. .

Article 90  In case of violation of the provisions of this Law, if one of the following acts is committed, the maritime administrative organ and the competent fishery department shall, in accordance with the division of responsibilities and duties, order to stop the illegal act and impose a fine of not less than 10,000 yuan but not more than 100,000 yuan; if the water pollution is caused, it shall be ordered to take remedial measures within a time limit. To eliminate pollution, a fine of not less than 20,000 yuan but not more than 200,000 yuan; if the measures are not taken within the time limit, the maritime administrative agency and the competent fishery department may, according to the division of responsibilities, designate the units with the ability to govern for treatment, and the expenses shall be borne by the ship:

　　（一）Dumping ship garbage to the water body or discharging residual oil or waste oil from the ship;

　　（二）The ship carries out the transfer operation of the dangerous goods contaminated by bulk liquids without the approval of the maritime management agency;

　　（三）The ship and related operating units are engaged in operational activities with pollution risks and fail to take pollution prevention measures in accordance with regulations;

　　（四）Ship dismantling in the form of rushing beach;

　　（五）Ships entering the international route of the inland river of the People's Republic of China shall discharge the ballast water of the ship that does not comply with the regulations.

Article 91  In case of any of the following acts, the competent department of environmental protection of the local people's government at or above the county level shall order the suspension of the illegal act, and impose a fine of not less than 100,000 yuan but not more than 500,000 yuan; and report to the people's government with the approval authority for approval to dismantle or shut down:

　　（一）Construction, reconstruction and expansion of construction projects not related to water supply facilities and water conservation in the first-grade protection zone for drinking water sources;

　　（二）Construction projects for the construction, reconstruction and expansion of pollutants discharged in the secondary protection zone of drinking water sources;

　　（三）In the quasi-protection zone for drinking water sources, new or expanded construction projects with serious pollution to water bodies, or rebuilding construction projects to increase the amount of pollutants discharged.

In the first-grade protection zone of drinking water source, if it engages in cage culture or organizes tourism, fishing or other activities that may pollute drinking water bodies, the environmental protection department of the local people's government at or above the county level shall order the suspension of illegal activities and shall be 20,000 yuan. A fine of less than 100,000 yuan. If an individual swims, fishes or engages in other activities that may pollute drinking water bodies in the first-grade protection zone for drinking water sources, the environmental protection department of the local people's government at or above the county level shall order the suspension of the illegal acts and may impose a fine of not more than 500 yuan.

Article 92  If the water quality of the drinking water supply unit does not meet the national standards, the water supply department of the local city or county level people's government shall order it to make corrections, and impose a fine of not less than 20,000 yuan but not more than 200,000 yuan; if the circumstances are serious, the approval of the right to report With the approval of the people's government, it may be ordered to suspend business for rectification; the directly responsible supervisors and other directly responsible personnel shall be given disciplinary sanctions according to law.

Article 93  Where an enterprise or institution has one of the following acts, the competent department of environmental protection of the people's government at or above the county level shall order it to make corrections; if the circumstances are serious, a fine of not less than 20,000 yuan but not more than 100,000 yuan shall be imposed:

　　（一）Failure to follow the regulations to formulate a contingency plan for water pollution accidents;

　　（二）After the water pollution accident occurred, the emergency plan for the water pollution accident was not started in time, and relevant emergency measures were taken.

Article 94  If an enterprise or institution violates the provisions of this Law and causes a water pollution accident, in addition to legally accepting the liability for compensation, the competent department of environmental protection of the people's government at or above the county level shall impose a fine in accordance with the provisions of the second paragraph of this Article, and shall be ordered to take remedial measures within a time limit to eliminate pollution; If the measures are not taken in accordance with the requirements or if they do not have the ability to control, the competent department of environmental protection shall designate the units with the ability to govern to be treated on their behalf, and the expenses shall be borne by the offender; for those causing major or excessive water pollution accidents, they may also report The people's government that approves the approval shall order it to be closed; the directly responsible person in charge and other directly responsible personnel may impose a fine of less than 50% of the income obtained from the unit in the previous year; there is the Environmental Protection Law of the People's Republic of China. If one of the acts of illegal discharge of water pollutants as stipulated in Article 63 does not constitute a crime, the public security organ shall directly detain the person in charge directly responsible and other directly responsible personnel for more than 10 days and less than fifteen days; Light, in detention for more than five days and less than ten days.

For the cause of general or large water pollution accidents, 20% of the direct losses caused by water pollution accidents shall be calculated; for those causing major or extraordinarily large water pollution accidents, the direct losses caused by water pollution accidents shall be Thirty calculated fines.

If a fishery pollution accident or a fishery vessel causes a water pollution accident, the competent fishery department shall impose a penalty; if other ships cause a water pollution accident, the maritime administrative agency shall impose a penalty.

Article 95  If an enterprise or institution or other production or business operator illegally discharges water pollutants and is punished by fines and is ordered to make corrections, the administrative organ that makes the punishment decision according to law shall organize a review and find that it continues to illegally discharge water pollutants or refuses or obstructs the review. The provisions of the Environmental Protection Law of the People's Republic of China are continuously punished on a daily basis。

Article 96  A party who has suffered damage from water pollution has the right to request the pollutant discharge party to eliminate the damage and compensate for the loss.

If the water pollution damage is caused by force majeure, the pollutant discharge party shall not be liable for compensation; unless otherwise stipulated by law.

Water pollution damage is intentionally caused by the victim, and the pollutant discharge party is not liable for compensation. Water pollution damage is caused by the gross negligence of the victim and can reduce the liability of the pollutant discharge party.

The water pollution damage is caused by a third party. After the pollutant discharge party is liable for compensation, it has the right to recover from the third party.

Article 97  The dispute over the liability for damages and the amount of compensation caused by water pollution may be handled by the competent department of environmental protection or the maritime administration and the competent fishery department in accordance with the division of responsibilities according to the request of the parties; if the mediation fails, the parties may file a lawsuit in the people's court. . The parties may also file a lawsuit directly with the people's court.

Article 98  In the case of damages caused by water pollution, the discharge party shall bear the burden of proof for the absence of causality between the exemption of the law and the behavior and the result of the damage.

Article 99  If there are a large number of parties whose water pollution has been damaged, the parties may elect the representative to conduct a joint lawsuit according to law.

The competent department of environmental protection and relevant social organizations may, in accordance with law, support parties who have suffered damage from water pollution to bring a lawsuit to the people's court.

The State encourages legal services agencies and lawyers to provide legal assistance to victims of water pollution damage litigation.

Article 100  The parties may entrust an environmental monitoring agency to provide monitoring data for disputes over damages and compensation for damage caused by water pollution. The environmental monitoring agency shall accept the commission and provide relevant monitoring data truthfully.

Article 101  Whoever violates the provisions of this Law and constitutes a crime shall be investigated for criminal responsibility according to law.

Chapter VIII Supplementary Provisions

Article 102  The meaning of the following terms in this Law:

　　（一）Water pollution refers to the change of the chemical, physical, biological or radioactive properties of a water body due to the intervention of a certain substance, thereby affecting the effective use of water, endangering human health or destroying the ecological environment, resulting in deterioration of water quality.

　　（二）Water pollutants refer to substances that are directly or indirectly discharged into water bodies and can cause water pollution.

　　（三）Toxic pollutants are those pollutants that may be directly or indirectly ingested by a living organism, which may cause the organism or its offspring to become ill, behave abnormally, genetically altered, physiologically abnormal, deformed or dead.

　　（四）Sludge refers to semi-solid or solid matter produced during sewage treatment.

　　（五）The fishery water body refers to the water body of the designated fish and shrimp spawning ground, feeding ground, wintering field, migratory channel and fish and shrimp algae farm.

Article 103  This Law shall come into force on June 1, 2008.