DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS REGARDING THE REVISION OF THE LAW OF THE PEOPLE’S REPUBLIC OF CHINA ON THE PREVENTION AND CONTROL OF WATER POLLUTION
The Standing Committee of the National People’s Congress
Order of the President of the People’s Republic of China
No.66
The Decision of the Standing Committee of the National People’s Congress Regarding the Revision of the Law of the People’s Republic
of China on the Prevention and Control of Water Pollution which has been adopted the 19th meeting of the Standing Committee of the
Eighth National People’s Congress of the People’s Republic of China on May 15, 1996 is now promulgated, and shall enter into force
as of the date of its promulgation.
President of the People’s Republic of China: Jiang Zemin
May 15, 1996
Decision of the Standing Committee of the National People’s Congress Regarding the Revision of the Law of the People’s Republic of
China on the Prevention and Control of Water Pollution
The 19th Meeting of the Standing Committee of the Eighth National People’s Congress has decided to revise the Law of the People’s
Republic of China on the Prevention and Control of Water Pollution as follows:
1.
The second paragraph of Article 7 is amended as: “The people’s governments of provinces, autonomous regions and municipalities directly
under the Central Government may establish its local standards for the discharge of water pollutants for items not specified in the
national standards; with regard to items already specified in the national standards, it may set local standards which are more stringent
than the national standards. The local standards for the discharge of water pollutants must be reported to the environmental protection
department of the State Council for the record.”
2.
Add a new article as Article 10 : “The prevention and control of water pollution shall be planned in a unified way on the basis of
river basins or regions. Water pollution prevention and control plans for major river basins designated by the state shall be drawn
up by the environmental protection department of the State Council in consultation with the competent planning department, the water
conservancy administration department and other competent departments under the State Council, and the people’s governments of involved
provinces, autonomous regions and municipalities under the Central Government, and shall be reported to the State Council for approval.
“Water pollution prevention and control plans for other river basins involving two or more provinces or counties shall, in accordance
with the plans for major river basins designated by the state and with the local practical situations, be drawn up by the environmental
protection department in consultation with the water conservancy administration department and other competent departments of the
people’s government at or above the provincial level, and the local people’s governments involved, and shall be reported to the State
Council or the people’s government at the provincial level for approval. Plans for other river basins involving two or more counties
but not involving different provinces shall be reported by the people’s government of the province to the State Council for the record.
“The approved plans shall serve as the bases for the prevention and control of water pollution. Any amendment to an approved plan
must be approved by the original approving department.
“Local people’s governments at or above the county level shall, in accordance with the water pollution prevention and control plans
for river basins already approved according to law, organize to formulate plans for the prevention and control of water pollution
within their respective administrative areas, and shall incorporate such plans into the medium- and long-term plans and annual plans
for the national economy and social development of their respective administrative areas.”
3.
The third paragraph of Article 13 is amended as: “Facilities for the prevention and control of water pollution at a construction
project must be designed, built and commissioned together with the principal part of the project. Such facilities must be inspected
by the environmental protection department; if they do not conform to the specified requirements, the said project shall not be permitted
to be put into operation or to use.”
Add a new paragraph as the fourth paragraph: “The environmental impact statement shall include views of units and residents where
the construction project is to be located.”
4.
The second paragraph of Article 14 is amended as: “The pollutant discharging units mentioned in the preceding paragraph shall report
in time if any substantial change occurs in the categories, quantities or concentrations of the water pollutants discharged. Their
water pollutant treatment facilities must be kept in normal use. When such facilities are to be dismantled or left idle, prior approval
must be obtained from the environmental protection department of the local people’s government at or above the county level.”
5.
Delete the reading “and shall assume responsibility to eliminate and control the pollution” in Article 15 . Add two new paragraphs
thereto as the second and the third paragraphs respectively, which read: “The income derived from the discharge fee and the fee for
excess discharge must be used for the prevention and control of pollution and shall not be appropriated for other purposes.
“Enterprises and institutions discharging pollutants in excess of the prescribed standards must work out a programme to eliminate
and control the pollution, and report such programme to the environmental protection department of the local people’s government
at or above the county level for the record.”
6.
Add a new article as Article 16 : “Where the water pollutant discharge standards have been reached but cannot ensure the attainment
of the water environment quality standards for water bodies, the people’s governments at or above the provincial level may establish
a system for controlling the total quantity of major pollutants discharged, and practise a system for determining the quantity of
such major pollutants discharged among enterprises which are responsible for reducing the quantity of pollutants discharged. The
State Council shall formulate specified measures therefor.”
7.
Add a new article as Article 17 : “The environmental protection department of the State Council may, in consultation with the water
conservancy administration department under the State Council and the relevant people’s government at the provincial level, and in
accordance with uses and functions of water bodies of major river basins designated by the state and with local economic and technological
conditions, set the water environmental quality standards applicable to provincial boundary water bodies of such major river basins,
and report to the State Council and implement them after approval.”
8.
Add a new article as Article 18 : “The working organs for water resource protection of major river basins designated by the state
shall be responsible for monitoring the state of environmental quality of provincial boundary water bodies within their respective
river basin areas, and report the monitoring results in time to the environmental protection department and the water conservancy
administration department of the State Council; if a leading organ for water resource protection of the river basin has been established
with the approval of the State Council, the monitoring results shall in time be reported thereto.”
9.
Article 10 is changed into Article 19 and amended as: “Urban sewage shall be disposed of in a centralized way.
“Competent departments under the State Council and local people’s governments at various levels must incorporate into their plans
of municipal construction the protection of urban water sources and the prevention and control of urban water pollution, construct
and perfect municipal drainage systems, and construct urban sewage treatment facilities in a planned way, in order to strengthen
the comprehensive improvement of urban water environment.
“Urban sewage treatment facilities shall, according to the state provisions, be used to provide paid service of sewage treatment for
pollutant dischargers, and the fee for sewage treatment shall be collected to ensure the normal operation of sewage treatment facilities.
Where sewage is discharged into urban sewage treatment facilities and the fee for sewage treatment has been paid therefor, the discharge
fee shall not be levied. The income derived from the fee for sewage treatment so collected must be used for the construction and
operation of urban sewage treatment facilities and may not be appropriated for other purposes.
“The State Council shall formulate specific measures for the collection of the sewage treatment fee, and for the management and utilization
of urban sewage treatment facilities.”
10.
Add a new article as Article 20 : “People’s governments at or above the provincial level may delineate protected zones for surface
sources of domestic and drinking water according to law. Such protected zones include the first and other classes protected zones.
Specific water and land areas in the vicinity of intakes at a surface source for domestic and drinking water may be delineated as
a first class protected zone, and those water and land areas outside the first class protected zone be delineated as other class
protected zone. Various classes protected zones shall have their definite geographical boundaries.
“The discharge of waste water into water bodies at the first class protected zones for surface sources of domestic and drinking water
shall be prohibited.
“Tours, swims and other activities which might cause pollution to domestic and drinking water bodies within the first class protected
zones shall be prohibited.
“Any new construction project or expansion unrelated to water supply facilities and to the protection of water sources within the
first class protected zones for surface sources of domestic and drinking water shall be prohibited.
“People’s governments at or above the county level shall, according to their limits of authorities specified by the State Council,
order to dismantle or improve within a prescribed time period those sewage outfalls already set up within the first class protected
zones for surface sources of domestic and drinking water.
“The protection of domestic and drinking groundwater sources shall be strengthened.
“The State Council shall formulate specific measures for the protection of domestic and drinking water sources.”
Delete the phrase “domestic and drinking water sources” in Article 12 .
11.
Add a new article as Article 22 : “Enterprises shall adopt clean production techniques which are efficient in the use of raw materials
and discharge small quantity of pollutants, and shall strengthen the management to reduce the water pollutants generated.
“The state establishes a system for eliminating those backward production techniques and equipment, which cause severe pollution to
water environment.
“The competent comprehensive administrative department of economy under the State Council shall, in consultation with departments
concerned under the State Council, announce a catalogue of techniques which cause severe pollution to water environment and of which
the adoption is to be prohibited upon the expiration of a prescribed time period, as well as a catalogue of equipment which causes
severe pollution to water environment and of which the production, sale, importation and use are to be prohibited upon the expiration
of a prescribed time period.
“Producers, marketers, importers or users must, within the time limit specified by the competent comprehensive administrative department
of economy in consultation with departments concerned under the State Council, stop respectively the production, sale, importation
or use of equipment listed in the catalogue mentioned in the preceding paragraph. Adopters of production techniques must, within
the time limit specified by the competent comprehensive administrative department of economy in consultation with departments concerned
under the State Council, stop the adoption of techniques listed in the catalogue mentioned in the preceding paragraph.
“Equipment already eliminated according to the provisions in two preceding paragraphs may not be transferred to others for use.”
12.
Add a new article as Article 23 : “The state prohibits the establishment of any new small-size enterprise engaging in chemical paper
pulp making, printing and dyeing, dyestuff, hide processing, electroplating, oil refining or agricultural chemical without measures
for the prevention and control of water pollution, and other enterprises which may cause severe pollution to water environment.”
13.
Add a new article as Article 26 : “Water pollution disputes involving different administrative areas shall be settled through negotiation
between or among local people’s governments involved therein, or through co-ordination by their common higher people’s government.”
14.
Article 20 is changed into Article 28 and a new paragraph added as the second paragraph: “In the case of any pollution accident
caused to fisheries, the fisheries administrative and superintendency agencies shall be responsible for its investigation and disposal.”
15.
Add a new article as Article 39 : “The agricultural administration department and other relevant departments of a local people’s government
at or above the county level shall take measures to instruct agricultural producers to apply chemical fertilizers and pesticides
in a scientific and rational manner, and control the excessive use of chemical fertilizers and pesticides, so as to prevent water
pollution therefrom.”
16.
Add a new article as Article 47 : “If, in violation of the provisions of the third paragraph of Article 13 in this Law, a construction
project is put into operation or to use when its facilities for the prevention and control of water pollution have not completed
or fail to meet the state specified requirements, the environmental protection department that approved the environmental impact
statement of the said project shall order the violator to stop the operation or use of the project and may concurrently impose a
fine.”
Delete Item (2) in Article 37 .
17.
Add a new article as Article 48 : “If a pollutant discharging unit, in violation of the provisions of the second paragraph of Article
14 in this Law, intentionally does not keep its water pollutant treatment facilities in normal use, or dismantles or leaves idle
such facilities without approval of the environmental protection department, thereby discharging pollutants in excess of prescribed
standards, the environmental protection department of a local people’s government at or above the county level shall order it to
restore such facilities to the normal use, or set a time limit for it to reinstall and reuse such facilities, and concurrently impose
a fine.”
18.
Add a new article as Article 49 : “If anyone, in violation of the provisions of the fourth paragraph of Article 20 in this Law, establishes
within the first class protected zones for surface source of domestic and drinking water any new construction or expansion project
unrelated to water supply facilities and to the protection of water sources, the people’s government at or above the county level
shall, according to its limit of authorities specified by the State Council, order the violator to suspend operations or close down.”
19.
Add a new article as Article 50 : “If anyone, in violation of the provisions of Article 22 in this Law, produces, sells, imports
or uses equipment, or adopts techniques, which have already been prohibited, the competent comprehensive administrative department
of economy of the people’s government at or above the county level shall order the violator to make correction; if the circumstances
are serious, the said department shall propose and report to the people’s government at the corresponding level for an order of suspension
of operations or shutdown issued within its limit of authorities specified by the State Council.”
20.
Add a new article as Article 51 : “If anyone, in violation of the provisions of Article 23 in this Law, establishes any small-size
enterprise without measures for the prevention and control of water pollution, thereby causing severe pollution to water environment,
the local people’s government at the city or county level or the higher people’s government shall order to shut down such enterprise.”
21.
Article 39 is changed into Article 53 and amended as: “A pollutant discharging unit which violates this Law, thereby causing a water
pollution accident, shall be fined according to the consequent damage and loss by the competent environmental protection department
of the local people’s government at or above the county level in the place where the accident takes place.
“In the case of a pollution accident caused to fisheries or caused by vessels, the competent fisheries administration and superintendency
agency or the navigation office of the competent transportation department in the place where the accident takes place shall impose
a fine respectively according to the consequent damage and loss.
“If the circumstances are serious in a water pollution accident, the persons responsible shall be subject to disciplinary sanction
by the unit to which they belong or by a higher competent authority.”
22.
Add a new article as Article 58 : “Personnel conducting supervision and management of environmental protection or other relevant state
personnel who abuses his power, neglects his duty or engages in malpractices for personal gains shall be given disciplinary sanction
by the unit to which he belongs or the competent higher authorities: if his act constitutes a crime, he shall be investigated for
criminal responsibility according to law.”
23.
Add a new article as Article 59 : “With regard to individual businesses that discharge pollutants into water bodies and cause severe
pollution, standing committees of the people’s congresses of the provinces, autonomous regions and municipalities directly under
the Central Government shall formulate measures therefor in accordance with the principles in the provisions of this Law.”
This Decision comes into force on the date of the promulgation.
The Law of the People’s Republic of China on the Prevention and Control of Water Pollution shall be republished after being correspondingly
revised according to this Decision.
Attachment:Law of the People’s Republic of China on the Prevention and Control of Water PollutionContentsChapter I General Provisions
Chapter II Establishment of Water Environment Quality Standards and
Pollutant Discharge Standards
Chapter III Supervision and Management of the Prevention and Control of
Water Pollution
Chapter IV Prevention of Surface Water Pollution
Chapter V Prevention of Groundwater Pollution
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1
This Law is formulated for the purpose of preventing and controlling water pollution, protecting and improving the environment, safeguarding
human health, ensuring the effective use of water resources and facilitating the development of socialist modernization.
Article 2
This Law shall apply to the prevention and control of pollution of rivers, lakes, canals, irrigation channels, reservoirs and other
surface water bodies and of groundwater within the territory of the People’s Republic of China.
This Law is not applicable to the prevention and control of marine pollution, which is provided for by a separate law.
Article 3
Competent departments under the State Council and local people’s governments at various levels shall incorporate the protection of
the water environment into their plans and adopt ways and measures to prevent and control water pollution.
Article 4
The environmental protection departments of the people’s governments at all levels shall be the organs exercising unified supervision
and management of the prevention and control of water pollution.
Navigation administrative offices of transportation departments at various levels shall be the organs exercising supervision and management
of pollution from ships.
Water conservancy administration departments, public health administration departments, geological and mining departments, municipal
administration departments and water sources protection agencies on major rivers of people’s governments at various levels shall,
through performing their respective functions and in conjunction with environmental protection departments, implement supervision
and management of the prevention and control of water pollution.
Article 5
All units and individuals shall have the duty to protect the water environment and the right to supervise any act that pollutes or
damages the water environment and to inform against the polluter.
Any unit or individual that has suffered losses directly from a water pollution hazard shall have the right to claim damages from
and demand the elimination of the hazard by the polluter.
Chapter II Establishment of Water Environment Quality Standards and Pollutant Discharge Standards
Article 6
The environmental protection department of the State Council shall establish national water environment quality standards.
The people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government may establish
their own local, supplementary standards for those items not specified in the national water environment quality standards and report
the same to the environmental protection department of the State Council for the record.
Article 7
The environmental protection department of the State Council shall, in accordance with the national water environment quality standards
and the country’s economic and technological conditions, establish national pollutant discharge standards.
The people’s governments of provinces, autonomous regions and municipalities directly under the Central Government may establish its
local standards for the discharge of water pollutants for items not specified in the national standards; with regard to items already
specified in the national standards, it may set local standards which are more stringent than the national standards. The local standards
for the discharge of water pollutants must be reported to the environmental protection department of the State Council for the record.
Those who discharge pollutants into any water body where local pollutant discharge standards have been established shall observe such
local standards.
Article 8
The environmental protection department of the State Council and the people’s governments of provinces, autonomous regions, and municipalities
directly under the Central Government shall amend in due time their respective water environment quality standards and pollutant
discharge standards in accordance with the requirements of water pollution prevention and control and with the country’s economic
and technological conditions.
Chapter III Supervision and Management of the Prevention and Control of Water Pollution
Article 9
Competent departments under the State Council and local people’s governments at various levels shall, in the process of developing,
utilizing, regulating and allocating water resources, make integrated plans for maintaining proper river flows, proper water levels
of lakes and reservoirs and proper groundwater tables, in order to sustain the natural purification capacity of water bodies.
Article 10
The prevention and control of water pollution shall be planned in a unified way on the basis of river basins or regions. Water pollution
prevention and control plans for major river basins designated by the state shall be drawn up by the environmental protection department
of the State Council in consultation with the competent planning department, the water conservancy administration department and
other competent departments under the State Council, and the people’s governments of involved provinces, autonomous regions and municipalities
under the Central Government, and shall be reported to the State Council for approval.
Water pollution prevention and control plans for other river basins involving two or more provinces or counties shall, in accordance
with the plans for major river basins designated by the state and with the local practical situations, be drawn up by the environmental
protection department in consultation with the water conservancy administration department and other competent departments of the
people’s government at or above the provincial level, and the local people’s governments involved, and shall be reported to the State
Council or the people’s government at the provincial level for approval. Plans for other river basins involving two or more counties
but not involving different provinces shall be reported by the people’s government of the province to the State Council for the record.
The approved plans shall serve as the bases for the prevention and control of water pollution. Any amendment to an approved plan must
be approved by the original approving department.
Local people’s governments at or above the county level shall, in accordance with the water pollution prevention and control plans
for river basins already approved according to law, organize to formulate plans for the prevention and control of water pollution
within their respective administrative areas, and shall incorporate such plans into the medium- and long-term plans and annual plans
for the national economy and social development of their respective administrative areas.
Article 11
Competent departments under the State Council and local people’s governments at various levels shall make rational plans for the placement
of industry, and see to it that enterprises causing water pollution are modified and technically renovated, adopting comprehensive
prevention and control measures, raising the frequency of water reuse, utilizing resources rationally and reducing the quantity of
waste water and pollutants discharged.
Article 12
For water bodies at scenic or historic sites, important fishery water bodies and other water bodies of special economic or cultural
value, people’s governments at or above the county level may delineate protected zones and take measures to ensure that the water
quality in those protected zones complies with the standards for their designated uses.
Article 13
New construction projects, extensions, or reconstruction projects which discharge pollutants into water bodies directly or indirectly
and installations on water shall be subject to the state provisions concerning environmental protection for such projects.
The environmental impact statement of a construction project shall assess the water pollution hazards the project is likely to produce
and its impact on the ecosystem, with prevention and control measures provided therein; the statement shall be submitted, according
to the specified procedure, to the environmental protection department concerned for review and approval. The setting up of sewage
outfalls within any water conservancy projects such as canals, irrigation channels and reservoirs shall be approved by the relevant
department in change of water conservancy.
Facilities for the prevention and control of water pollution at a construction project must be designed, built and commissioned together
with the principal part of the project. Such facilities must be inspected by the environmental protection department; if they do
not conform to the specified requirements, the said project shall not be permitted to be put into operation or to use.
The environmental impact statement shall include views of units and residents where the construction project is to be located.
Article 14
Enterprises and institutions that discharge pollutants directly or indirectly into a water body shall, pursuant to the provisions
of the environmental protection department of the State Council, report to and register with their local environmental protection
department their existing treatment and discharge facilities for pollutants and the categories, quantities and concentrations of
pollutants discharged under their normal operating conditions and also submit to the same department the relevant technical information
concerning the prevention and control of water pollution.
The pollutant discharging units mentioned in the preceding paragraph shall report in time if any substantial change occurs in the
categories, quantities or concentrations of the water pollutants discharged. Their water pollutant treatment facilities must be kept
in normal use. When such facilities are to be dismantled or left idle, prior approval must be obtained from the environmental protection
department of the local people’s government at or above the county level.
Article 15
Enterprises and institutions discharging pollutants into a water body shall pay a discharge fee as provided for by the state. If the
discharge of pollutants exceeds the limits set by national or local standards, they shall pay a fee for excess discharge according
to state provisions.
The income derived from the discharge fee and the fee for excess discharge must be used for the prevention and control of pollution
and shall not be appropriated for other purposes.
Enterprises and institutions discharging pollutants in excess of the prescribed standards must work out a programme to eliminate and
control the pollution, and report such programme to the environmental protection department of the local people’s government at or
above the county level for the record.
Article 16
Where the water pollutant discharge standards have been reached but cannot ensure the attainment of the water environment quality
standards for water bodies, the people’s governments at or above the provincial level may establish a system for controlling the
total quantity of major pollutants discharged, and practise a system for determining the quantity of such major pollutants discharged
among enterprises which are responsible for reducing the quantity of pollutants discharged. The State Council shall formulate specified
measures therefor.
Article 17
The environmental protection department of the State Council may, in consultation with the water conservancy administration department
under the State Council and the relevant people’s government at the provincial level, and in accordance with uses and functions of
water bodies of major river basins designated by the state and with local economic and technological conditions, set the water environmental
quality standards applicable to provincial boundary water bodies of such major river basins, and report to the State Council and
implement them after approval.
Article 18
The working organs for water resource protection of major river basins designated by the state shall be responsible for monitoring
the state of environmental quality of provincial boundary water bodies within their respective river basin areas, and report the
monitoring results in time to the environmental protection department and the water conservancy administration department of the
State Council; if a leading organ for water resource protection of the river basin has been established with the approval of the
State Council, the monitoring results shall in time be reported thereto.
Article 19
Urban sewage shall be disposed of in a centralized way.
Competent departments under the State Council and local people’s governments at various levels must incorporate into their plans of
municipal construction the protection of urban water sources and the prevention and control of urban water pollution, construct and
perfect municipal drainage systems, and construct urban sewage treatment facilities in a planned way, in order to strengthen the
comprehensive improvement of urban water environment.
Urban sewage treatment facilities shall, according to the state provisions, b
