Measures of Shaanxi Province on the Administration of Protection of Water Leading System of Shitouhe Reservoir

Decree No. 137 of the People’s Government of Shaanxi Province

The Measures of Shaanxi Province on the Administration of Protection of Water Leading System of Shitouhe Reservoir enacted at the 30th Session of the Standing Committee of the Provincial government of Shaanxi in 2008 is now promulgated and shall be in force as of February 1st, 2009.

                                                                                   Governor: Yuan Chunqing

                                                                                       December 12th, 2008

Measures of Shaanxi Province on the Administration of Protection of Water Leading System of Shitouhe Reservoir

Contents

Chapter I General Provisions

Chapter II Protection of Water Leading Project

Chapter III Protection of Water Sources

Chapter IV Supervision and Administration

Chapter V Legal Liabilities

Chapter VI Supplementary Provisions

Chapter I General Provisions

Article 1 These Measures are formulated for the purposes of protecting and administrating the water leading system of Shitouhe reservoir and safeguarding the water utilization safety in accordance with the Water Law of the People’s Republic of China, the Law of the People’s Republic of China on the Prevention and Control of Water Pollution and other correlated laws, rules and regulations as well as in combination of the actual situations of Shaanxi Province.

Article 2 The term “water leading system in Shitouhe reservoir” as entitled in these Measures means the water leading project of Shitouhe reservoir and the water sources of Shitouhe reservoir.

Article 3 These Measures shall apply to the protection and administration of water leading system in Shitouhe reservoir.

Article 4 The protection and administration of water leading system in Shitouhe reservoir shall be carried out under the principles of unified planning, hierarchical responsibilities, and the combination of the management of specialized organs with the administration of the local people’s governments at the region.

Article 5 The people’s governments at city, county and district levels where the water leading system of Shitouhe reservoir is located shall bring the protection of the water leading system of Shitouhe reservoir into the planning for national economic and social development and do well the work for the protection of the water leading system of Shitouhe reservoir within their respective administrative regions.

Article 6 The water administrative superintending department of the people’s government of Shaanxi Province shall be responsible for the protection and administration of the water leading system of Shitouhe reservoir; the irrigation administration bureau of Shitouhe reservoir of Shaanxi Province (hereinafter referred to as “specialized organ”) shall be in charge of the specific work for the protection and administration of the water leading system of Shitouhe reservoir.

Administrative superintending departments such as the environmental protection, the construction, the public security, the transportation, the land and resources, the agriculture, the forestry，the tourism, the health and so on, shall do well their jobs for the protection of the water leading system of Shitouhe reservoir in accordance with their respective responsibilities.

Article 7 Every unit and individual shall have the right to report to the relevant departments behaviors of the destruction of water leading project and the contamination of water sources.

Chapter II Protection of Water Leading Project

Article 8 Water leading project of Shitouhe reservoir shall include the water modulation, water reservation and water supply engineering and their subsidiary facilities.

Article 9 The protected zone of the water leading project of Shitouhe reservoir shall be the following:

(1) The area covering the two ends of the reservoir dam and the 100m extension from two sides of the dam’s supporting facilities including the water-carrying tunnel, the flood-discharging tunnel and the flood spillway as well as an area covering 1500m at lower reaches of the dam;

(2) The area extending 100m from two sides of the inlet and outlet of key project leading water from Hongyan River to Shitouhe River (overflow dam, inlet gate and sand sluicing gate) and water leading tunnel as well as 1000m respectively from both upper and lower reaches;

(3) The Area extending 10m from the two sides of the outer slope toe of open water tunnels (opening line of excavation channel);

(4) The zone of the covering surface of water delivering underdrain (pipe) and 10m area at both its sides;

(5) The area covering 1000m in upper reaches and 1500m in lower reaches of river channels where water delivering aqueducts and inverted siphons pass through; and

(6) The area covering 10m periphery of facilities including water volume and quality monitoring, communications, power supply and other subsidiary facilities.

Article 10 The following actions shall be prohibited within the protected area of water leading project in Shitouhe reservoir:

(1) Blasting, piling , drilling wells,boring,quarrying,dugging pits, fetching earth, sand dredging and building cemetery;

(2) Discharging directly or indirectly sewage and harmful substances into water carrying facilities or dumping rubbish;

(3) Intercepting water from water carrying facilities without authorization;

(4) Covering, removing or destroying relevant signs and air vent;

(5) Constructing buildings and structures or erecting electric poles without authorization;

(6) Carrying out deforestation and abrupt slope reclamation;

(7) Motor vehicles other than vehicles used for urgent tasks such as flooding fighting, military movement and public security as well as ambulance passing along reservoir dam top or roads on upper dam;

(8) Piling up sundries or drying forages on reservoir dam body; and

(9) Other behaviors that might cause damage to the water leading project.

Article 11 Road construction and pipeline installation shall be banned in the protected area of water leading project in Shitouhe reservoir; where roads have to built and pipelines have to be laid, the construction unit should ask the specialized organ for opinions and implement the construction according to safety requirements of water leading project and under the supervision and inspection of the specialized organ.

Chapter III Protection of Water Sources

Article 12 The specialized organ and the people’s governments of cities, counties and districts where the water sources of Shitouhe reservoir are located shall strengthen the protection of water sources and ensure water quality of water sources in the protected areas of Shitouhe reservoir compliant with the standards provided by the State for water quality of water sources in the protected areas of drinking water and surface water.

Article 13 The protected areas of water sources of Shitouhe reservoir shall be divided into the first-grade, the second-grade and the quasi-protected areas:

(1) The first-grade protected area: a land area extending 100m from normal water line of Shitouhe reservoir and the water area covering entire reservoir region;

(2) The second-grade protected area: a dip slope area beyond the upper bound of the first-grade protected area or a land area extending 300m from upper bound; a water area ranging from the inlets of rivers running into reservoir to intake of project transferring water from Hongyan River to Shitouhe River and tracing upstream 2000m as well as a land area extending 200m from the river banks on both sides;

(3) The quasi-protected area: the rest basin of Shitouhe reservoir beyond upper bound of the second-grade protected areas.

Article 14 The following actions shall be prohibited in the protected areas of water sources of Shitouhe reservoir:

(1) Destroying water conservation forest, bank protective forest and vegetation relative to water source protection;

(2) Dumping industrial residues, rubbish, fecal sewages and other castoffs into water areas;

(3) Using hyper-toxic and high-persistent pesticides;

(4) Capturing and killing fish and other creatures by using explosives and poison; and

(5) Building projects of small-scale chemical factories involved in pulping, printing and dyeing, leather-making, galvanizing, oil refining and producing pesticides, which seriously contaminate water environment and are not equipped with water pollution controlling measures.

Article 15 The following activities shall also be prohibited in the first-grade protected areas of the water sources of Shitouhe reservoir:

(1) Building projects irrelevant to water facilities and water source protection;

(2) Discharging pollutants into water body;

(3) Prospecting and mining mineral resources;

(4) Livestock breeding and growing crops;

(5) Carrying out tourism and its development;

(6) Piling up solid industrial castoffs, rubbish, fecal sewages and other poisonous and harmful substances;

(7) Building cemetery and burying animal carcass; and

(8) Other activities which may contaminate the water sources.

The already-existing pollution outlets within the first-grade protected area of water sources before these Measures being put in force shall be removed in the time limit; the already-existing pollution sources such as the tourism facilities, the mining facilities and so on shall be clamped down; the harmful substances be cleaned up.

Article 16 The following provisions shall be observed in the second-grade protected areas of the water sources of Shitouhe reservoir:

(1) New construction or reconstruction of projects that discharge pollutants into water areas shall be prohibited;

(2) Sewage discharged from all units must reach the criteria provided for; solid castoffs must be treated in time when shipped out of protected areas; for projects of reconstruction and technological transformation, the gross pollutant discharge must be reduced and the gross pollutant discharge control must be implemented; and

(3) The scale of aquaculture and poultry breeding shall be controlled according to the water quality and the water quantity.

Article 17 The discharge concentration and the gross control of pollutants shall be implemented if pollutants have to be discharged into the water area in the quasi-grade protected areas of the water sources of Shitouhe reservoir.

Article 18 Where to fell the forests that protect the bank and the mound in the first-grade protected areas of the water sources of Shitouhe reservoir, opinions from the specialized organ shall be solicited for and the permitting procedures for the felling be went through according to law,as well as the reseeding and replanting vegetation be accomplished in accordance with the provisions.

Article 19 Where to newly construct, to reconstruct and to extend construction projects in the protected areas of the water sources of Shitouhe reservoir, the specialized organ’s opinion shall be solicited for and the environment impact appraisal shall be carried out according to law; the project construction shall be carried on according to the requirements for the safety of the water sources, and the supervision and inspection from the specialized organ shall be accepted.

The water pollution prevention facilities for construction projects shall be designed, constructed and put into service simultaneously with the main construction. The water pollution controlling facilities shall be examined by the administrative superintending department of environmental protection; if these controlling facilities fail to meet the requirement as specified, that construction project shall not be permitted to be put into production or usage.

Article 20 Units located in the protected areas of the water sources of Shitouhe reservoir should carry out pollution preventions according to law; if a unit has caused serious water pollution, that said unit shall be ordered to undertake treatment within a limited time; if the treatment still fails to reach the target, that unit shall be ordered to change its line of production or close up according to law.

Article 21 Vehicles carrying poisonous, harmful and hazardous chemical substances shall be banned to pass through in the protected areas of the water sources of Shitouhe reservoir; if the vehicles have indeed to pass through the areas, then relevant provisions shall be applied for according to the State Council’s Regulations of the Safety Administration on Dangerous Chemical Substances.

Chapter IV Supervision and Administration

Article 22 The specialized organ and the people’s government at the level of the county (city and district) where the water leading system of Shitouhe reservoir is located shall decide and mark off the protected areas for the water leading project of Shitouhe reservoir and the water sources, set up signs and define boundary in accordance with the stipulations of Article 9 and Article 13 of these Measures.

Article 23 The specialized organ shall fulfill the following responsibilities during the protection of water leading system of Shitouhe reservoir:

(1) Drawing up the planning for the protection of the water leading system of Shitouhe reservoir and implementing the planning after submitting for the approval from the water administrative superintending department of Shaanxi Province;

(2) Carrying out the regular inspection and daily patrolling on the water leading project, making timely first-aid repair when discover accident, and ensuring the safety of water leading project; and

(3) Investigating and dealing with these illegal actions that destroy the water leading project and contaminate the water sources according to law.

Article 24 The administrative superintending departments of environmental protection shall strengthen the supervision and inspection on the water pollution prevention in the protected areas of the water sources of Shitouhe reservoir and ensure the safety of the quality of the water sources.

Article 25 The transportation administrative department of public security organ shall do well the job for the safety inspection on the vehicles entering the protected areas of the water sources of Shitouhe reservoir.

The public security organ stationed in Shitouhe reservoir shall do well the work for the safety and guidance of Shitouhe reservoir and maintain the security and order within the scope of Shitouhe reservoir.

Article 26 The relevant administrative superintending departments, such as the land and resources, the agriculture, the forestry, the tourism, the health, the construction and so on, shall, in accordance with their respective responsibilities, strengthen the administration and the supervision and inspection on such matters as the land, the mineral resources, the plantation and cultivation, the forest, the tourism, the epidemic prevention, the construction and so on in the protected areas of the water sources of Shitouhe reservoir, and prevent the vegetations from destruction and the water quality from pollution in the water source protected areas.

Article 27 When dangerous situation appears in the water leading system of Shitouhe reservoir, the specialized organ shall report immediately to the water administrative superintending department at the higher level and the local people’s government, as well as take contingency measures.

Chapter V Legal Liabilities

Article 28 Where for the violation of Clauses (7) and (8) of Article 10 of these Measures, the specialized organ shall order to stop the illegal action, and shall impose the fine of not more than RMB 200 Yuan.

Article 29 Where for the violation of Article 11 of these Measures, the specialized organ shall order to stop the illegal action, and impose the fine of not more than RMB 1000 Yuan; if any loss incurred, that loss shall be compensated according to law.

Article 30 Where for other actions in violation of these Measures, and laws, rules and regulations have the provisions for the punishment, these provisions shall prevail.

Article 31 Where in the violation of these Measures by obstructing law enforcers’ to perform their official functions under law, the public security organs shall carry out the punishment in accordance with the relevant provisions on security administration; if a crime has been suspected to constitute, that suspect can be transferred to a judicial organ for investigation and punishment according to law.

Article 32 Where the working personnel from corresponding units, during the protection and the administration of the water leading system of Shitouhe reservoir, have abused their authority powers, neglected their duties, practiced favoritism and engaged in fraud,theri working unit or the administrative department at the higher level shall grant administrative sanction according to law; if a crime has been suspected to constitute, that suspect can be transferred to a judicial organ for investigation and punishment according to law.

Chapter VI Supplementary Provisions

Article 33 These Measures shall be in force as of February 1st, 2009. While the Measures of Shaanxi Province for the Administration of Xi’an Water Supply Works of Shitouhe Reservoir promulgated by the people’s government of Shaanxi Province on March 19th, 1997 shall be abolished at the same time.