(Adopted at the forty-fifth Meeting of the Standing Committee of the SixthShenzhen Municipal People's Congress on October 29, 2020)
Chapter One General Provisions
Article 1 For the purpose of strengthening administration over urban drainage, ensure the safe operation of drainage facilities, protect the safety of citizen lives as well as property and public security, and protect the water environment, these Regulations are formulated according to the basic principles of relevant laws and administrative regulations and in line with actual conditions of Shenzhen Special Economic Zone.
Article 2 These Regulations shall apply to planning, construction, operation and maintenance of drainage and drainage facilities, and supervision and administration over the aforesaid activities in Shenzhen Special Economic Zone.
Article 3 A drainage shall conform to the principles of respecting nature, making overall planning, separating rainwater and sewage, attaching equal importance to construction and administration, integrated management, and guaranteeing security.
Article 4 The municipal and district governments shall strengthen leadership over drainage work, incorporate such work into the plan of national economic and social development, and ensure funding for the construction, operation, maintenance and management of drainage facilities.
Article 5 The municipal and district drainage departments shall be responsible for supervision and administration over drainage activities and overall arrangement of the planning, construction, operation and maintenance of drainage facilities.
Article 6 The municipal and district departments in charge of development and reform, public security, finance, planning and natural resources, ecology and environment, housing and construction, transport, urban administration and comprehensive law enforcement, and meteorology shall work effectively for drainage administration in accordance with their respective duties.
Article 7 Organizations and individuals shall discharge effluent in accordance with law, may not damage any drainage facility, and shall have the right to report or file complaint against illegal discharge and damage to any drainage facility.
Chapter Two Planning and Construction
Article 8 The municipal people's government shall incorporate the construction of municipal drainage facility into the territorial space plan. The municipal drainage department shall work with the municipal planning and natural resources department to formulate a municipal special plan for drainage according to the overall territorial space plan, and issue the plan for implementation under prescribed procedures.
The district people's government shall formulate a district special plan for drainage according to the district territorial space plan and the municipal special plan for drainage, and issue the district special plan for implementation upon review and approval by the municipal departments of drainage and planning and natural resources.
The district people's government shall formulate a district implementation plan for the construction and renovation of drainage facilities according to the municipal and district special plans for drainage, and organize the implementation thereof.
Article 9 The municipal drainage department shall work with the municipal planning and natural resources department and the district people's governments to evaluate the implementation of the municipal special plan for drainage. If it is necessary to adjust the municipal special plan for drainage, it shall be revised in time under prescribed procedures.
Article 10 During urban development and renovation, a drainage facility shall be built according to the municipal and district special plans for drainage.
The district people's governments may, in light of actual conditions, renovate supporting drainage facilities that are not well-developed due to historical reasons.
Article 11 For construction, renovation and expansion projects, rainwater source control and utilization facilities shall be built to give full play to the role of buildings, roads, green land, water systems, underground space, etc. in the absorption, infiltration and slow release of rainwater, so as to reduce rainwater runoffs and non point source pollution, and improve drainage capacity.
Article 12 Any drainage facility in a construction project shall be designed, constructed and put into operation at the same time as the principal part of the project. Where the principal part of the project is to be renovated, any drainage facility shall be included in its renovation plan and its renovation shall be conducted at the same time.
Article 13 Any drainage facility in a construction project shall comply with the requirement of separating sewage from rainwater.
In an industrial production area, an industrial sewer network shall not be connected with rainwater and other sewage networks.
A living balcony or terrace in newly built residential building shall be built with sewage pipes.
It is not necessary to build any septic tank in an area that has separated rainwater from sewage within the scope of services of sewage treatment facilities.
Article 14 A drainage manhole or gully on a road shall be built and renovated along with the road, and its bearing capacity, stability or other features shall conform to the relevant requirements.
A cover of drainage manhole shall comply with the requirements for structural strength, and take fall hazard and theft precautions.
Article 15 Before a project starts construction, a project owner shall identify the sewer networks within the construction scope of the project. The drainage department and other relevant departments and organizations shall cooperate in providing relevant documents.
Article 16 Where draining into a municipal drainage facility is required in a construction project, the planning and natural resources department shall solicit opinion from the drainage department on the drainage conditions of the construction project before reviewing and issuing a construction planning permit.
Where a drainage facility in a construction project needs to be connected to a municipal drainage facility, a project owner shall complete the procedures for access to a municipal drainage facility at the operation management organization of a drainage facility.
Article 17 Before an acceptance check upon completion of sewer network, a project owner shall entrust a specialized institution of qualified technical strength with pipe endoscope inspection, and the acceptance check upon completion may be conducted only after the inspection is completed.
The drainage department may entrust a specialized institution with qualified technical strength with spot check of sewer networks to be accepted upon completion.
Article 18 A project owner shall organize the acceptance check upon completion of a drainage facility in accordance with provisions, and notify the drainage department or the operation management organization of drainage facilities to participate in the acceptance check.
A drainage facility shall be ready until it has passed the acceptance check upon completion; for that that has not passed the check, a project owner shall repair or rebuild the facilities, and shall be responsible for the maintenance and management during the repair or rebuilding.
A project owner shall, within 15 working days after a municipal drainage facility passes the acceptance check upon completion, files the relevant materials with the drainage department for record, including but not limited to as-built drawings, as-built survey, inspection report, acceptance check report and other materials.
Article 19 A project owner shall, within three months after a drainage facility passes the acceptance check upon completion, transfers relevant materials and management to the drainage department and the operation management organization of drainage facilities through formal procedures, except when the property owner clearly states that it will pursue independent management as stipulated in subparagraph (2) of Article 36 hereof.
Any project completion material or facility which meets relevant technical standards shall be accepted by the operation management organization of drainage facilities. Any facility failing to be transferred shall be maintained and managed by the project owner.
Article 20 Upon completion of government-invested municipal drainage facilities, a project owner shall timely transfer the asset to relevant department through formal procedures, and the relevant department shall accept, register and record the assets in the accounts. Upon completion of any municipal sewage treatment facility and sludge treatment or disposal facility, a project owner shall transfer the asset to the drainage department through formal procedures.
For any municipal drainage facility jointly built and operated by the government and social capital, registration, recording in the accounts and other work shall be carried out in accordance with the preceding paragraph, and the asset transfer procedures shall be launched after the expiry of the concession period or the termination of the project in accordance with the provisions or as agreed.
Chapter Three Drainage and Monitoring
Article 21 Any organization or individual in area with sewer networks shall discharge rainwater and sewage separately into the networks.
Article 22 A discharger discharging effluent from its production and operation activities into drainage facilities shall apply to the district drainage department for the drainage permit before discharging sewage.
A discharger specified in the preceding paragraph, in which business area or drainage volume is small and the concentration of pollutants in sewage to be discharged is low, does not need to apply for a drainage permit, but shall file with the district drainage department for record. Any specific procedure shall be formulated by the municipal drainage department.
Article 23 Where several dischargers discharge effluent into drainage facilities through a shared connection, the property owner or their entrusted operation management organization shall apply for a unified drainage permit or file for unified record, with no need to do so separately.
Article 24 Any discharger that applies for a drainage permit shall satisfy the following requirements:
(1) Discharged sewage complies with the relevant national, provincial and municipal discharge standards;
(2) The setup of connections satisfies the requirements in the municipal and district special plans for drainage;
(3) Pretreatment facilities and water quality and volume detection facilities have been built in accordance with relevant provisions;
(4) Other conditions as stipulated by laws and regulations.
Article 25 The drainage permit shall state the name of the discharger, drainage type, total volume, locations and number of connections, the type and concentration standards of discharged pollutants, among others.
A discharger shall discharge effluent according to the requirements stipulated in the drainage permit.
During the validity period of the drainage permit, if the name of the discharger changes, the discharger shall apply for modification within 30 days after the name change registration; if any other item on the drainage permit changes, the discharger shall apply for a new permit.
Article 26 The drainage permit shall be valid for five years. A discharger that needs to continue to discharge effluent upon the expiry of the drainage permit shall apply to the drainage department for replacement 60 days prior to the expiry of the validity period.
The validity period of a drainage permit required for construction operations shall be determined by the drainage department according to the construction needs. The project owner shall remove the temporary connection facilities and restore the original state prior to the expiry of the permit.
Article 27 A discharger discharging industrial wastewater that needs to apply for permits for pollutant and water discharge at the same time may submit an application to the ecology and environment department or drainage department, and the ecology and environment and drainage departments shall approve the related matters simultaneously in accordance with the division of duties.
The ecology and environment and drainage departments shall supervise and manage the discharge of industrial wastewater in accordance with the division of duties.
The drainage department may evaluate the discharge of industrial wastewater. If it is determined that the pollutants in discharged industrial wastewater cannot be effectively treated or may potentially prevent the output of municipal wastewater treatment facilities from meeting the discharge limits steadily, the drainage department shall consult the ecology and environment department and order the discharger to make corrections.
A discharger that discharges industrial wastewater shall publicly announce such information as connection locations, drainage method, and main types of pollutants for public supervision.
Article 28 A discharger engaged in construction, catering, vehicle repairing, vehicle cleaning, refueling, agricultural product trading, or hairdressing and beauty shall build corresponding pretreatment facilities for sedimentation, oil-water separation, oil separation, hair collection, among others, and shall regularly clean and dredge pretreatment facilities for the purpose of ensuring that they work well.
Article 29 An industrial park under construction, renovation and expansion shall build sewer networks and treatment facilities for industrial wastewater collection and transmission in accordance with the relevant standards, and rationally set up industrial wastewater connections for easy management to ensure that the discharged industrial wastewater is up to standard after treatment.
Article 30 The drainage department shall monitor the quality and volume of sewage discharged by dischargers, and create drainage monitoring archives. A discharger shall be monitored and provide relevant information truthfully.
A real-time monitoring system shall be installed at municipal sewage treatment facilities and connected to the online monitoring system of the ecology and environment and drainage departments.
The drainage department may entrust a specialized institution of qualified technical strength with a spot check of the quality and volume of sewage discharged by dischargers. The drainage monitoring institution shall not impose any charge on the operation management organization of drainage facilities or discharger when conducting the spot check.
The ecology and environment and drainage departments shall share industrial wastewater monitoring information with each other.
Article 31 Where a drainage may be affected due to maintenance or repair of drainage facilities, the operation management organization of drainage facilities shall notify relevant dischargers 24 hours in advance; if a drainage may be seriously affected, it shall report to the drainage department in advance, take emergency response measures, and make an public announcement.
Article 32 Any organization or individual who discharges effluent into drainage facilities shall pay the sewage treatment fee according to law. Sewage treatment rates shall take effect upon approval by the municipal people's government based on the relevant proposals submitted by the pricing, finance and drainage departments.
Article 33 The drainage department may entrust a water supply company or a relevant organization to collect the sewage treatment fee according to the water supply. The water supply company or the relevant organization entrusted shall timely and fully transfer fees collected to the government revenue in accordance with relevant provisions.
Article 34 If an organization or individual uses self-built sewage treatment facilities, and all water is reused after treatment, or discharged into natural water bodies as the water quality is up to national standards, the organization or individual shall be exempted from the sewage treatment fee upon review and approval by the drainage department.
An enterprise with a sewage discharge significantly lower than its water consumption due to recycling or massive evaporation of sewage, may install a volume measurement device at the connection and pay the sewage treatment fee according to the actual discharge upon review and approval by the drainage department.
Article 35 The sewage treatment fee collected shall only be used for the operation, maintenance, renovation and construction of municipal drainage facilities, the shortage shall be paid by government revenue, if any. The specific measures for the collection and use of the sewage treatment fee shall be formulated by the municipal people's government.
The municipal drainage department shall work with the municipal finance department to formulate the annual plan for collecting and using the sewage treatment fees, organize the implementation thereof, and publicize relevant information.
Chapter Four Maintenance and Management
Article 36 The operation management organization of drainage facilities shall be determined in accordance with the following provisions:
(1) For any municipal drainage facility, the operation management organization shall be entrusted by the drainage department according to law;
(2) For any drainage facility shared by a residential quarter, the operation management organization shall be entrusted by the district people's government according to law, except when a property owner clearly states that it will pursue independent management;
(3) For any drainage facility providing urban public drainage services with unclear ownership, the operation management organization shall be entrusted, with reference to municipal drainage facilities, by the district people's government after renovation and acceptance check upon completion;
(4) For any drainage facility built for park, pedestrian walkway, sunken plaza, underpass, and municipal road, bridge and tunnel, the operation management organization shall be entrusted by the owner or management organization of the principal facility according to law;
(5) For any drainage facility built for toll road, railway, and intercity and urban rail, the operation management organization shall be the owner or management organization of the principal facility.
For any drainage facility in a building, the operation management organization shall be the owner or its entrusted organization.
Article 37 The operation management organization of drainage facilities shall perform the following duties:
(1) Being responsible for routine inspection and maintenance, regular check for safety hazards, and timely emergency repair of drainage facilities to ensure their normal functions;
(2) Developing and implementing the service quality indicator system, operation management system, and safety management system;
(3) Collecting and updating the basic information on drainage facilities including but not limited to geographic information and dischargers, completely and accurately recording the operation and maintenance of drainage facilities, and properly keeping relevant materials;
(4) Testing sewage for quality, volume and other information, and establishing a database covering sewage collection, transmission, production and operation costs, etc.;
(5) Guiding any discharger to connect to sewer networks, and supervising their drainage behaviors;
(6) Reporting relevant information to drainage and relevant departments in accordance with relevant provisions.
After discovering any act endangering drainage facilities or illegal sewage discharge, the operation management organization of drainage facilities shall stop such act and report it to the district drainage department in a timely manner, and assist the drainage department in rectification.
Article 38 The operation management organization of drainage facilities shall publicize its scope of responsibility of operation management, list of responsible personnel and contact information. The aforesaid activities shall be supervised by the drainage department and the public.
Article 39 The operation management organization of drainage facilities shall prepare its emergency response plan on drainage, equip necessary emergency response equipment and apparatus, and organize drills on a regular basis.
Once there is any security incident or other emergency of drainage facilities, the operation management organization shall immediately launch its emergency response plan, take emergency measures, and report to the drainage and other relevant departments in a timely manner.
Article 40 Where a sewage discharged may endanger the safe operation of drainage facilities due to accidents or other emergencies, the discharger shall immediately take measures to remove hazards, and report to the drainage and other relevant departments in a timely manner.
Article 41 The operation management organization of drainage facilities shall strengthen the on-site inspection of drainage facilities during flood seasons in areas prone to waterlogging, including but not limited to urban squares, areas below the overpasses, tunnels, culverts, and low-lying areas, and add necessary drainage facilities and equipments for the purpose of ensuring smooth drainage during flood seasons.
A sanitation and cleaning enterprise shall not sweep leaves, sediments or other waste into gullies, and shall strengthen cleaning, sweeping, and removal of waste around gullies on roads during flood seasons.
Article 42 An owner of a residential quarter or its entrusted property service company shall carry out the routine inspection of facilities including but not limited to drainage manholes, covers, gullies and septic tanks within the red-line range, promptly report any problems found, and take appropriate emergency measures.
After discovering any illegal outlet connection or discharge, the operation management organization, owner or its entrusted property service company of a residential quarter shall stop such act and report to the district drainage department in a timely manner.
Article 43 The operation management organization of sewage treatment facilities shall guarantee that the quality of water after treatment complies with national and local discharge standards, and shall neither discharge effluent that fails to meet relevant standards nor cease the operation of sewage treatment facilities without approval.
Article 44 The operation management organization of sewage treatment facilities and the sludge treatment and disposal organization shall safely treat and dispose of sludge to guarantee that sludge after treatment and disposal complies with relevant national standards.
The operation management organization of sewage treatment facilities and the sludge treatment and disposal organization shall strictly implement the system of forms in duplicate for sludge transport, track and record the flow, purposes of use and volume of sludge generated and the volume after treatment and disposal, and report to the ecology and environment and drainage departments.
Any sludge transport vehicle or vessel shall be sealed and meet the anti-leaking and anti-spilling standards. Any sludge to be transported for a long distance shall be dewatered in accordance with relevant regulations.
No organization or individual shall dump, pile up, discard or spill sludge without approval, or receive, treat and dispose of sludge without the transport form in duplicate.
Article 45 The following acts that may jeopardize the safety of drainage facilities shall be prohibited:
(1) Occupying, pressing, disassembling, drilling, excavating, blocking, burying or passing through sewer networks underground without approval;
(2) Occupying or covering drainage manholes and gullies without approval;
(3) Discharging or dumping waste materials, including but not limited to sewage, leaves, garbage, excrement, dirt, debris, sludge and silt into drainage manholes, gullies or open channels;
(4) Discharging oily waste or slurry (including slurry and muddy water) directly into sewer networks;
(5) Discharging poisonous, harmful, flammable, explosive or corrosive waste liquid, residuals, gas and other substances that may jeopardize the safety of drainage facilities;
(6) Direct and pressurized drainage into sewer networks without adopting any energy dissipation measures;
(7) Opening or closing the valves on drainage facilities without approval;
(8) Exploding, drilling, piling, jacking, excavation, or extraction within the security protection zones of drainage facilities without approval;
(9) Other acts that may jeopardize the safety of drainage facilities.
Article 46 The scope of security protection zones for drainage facilities shall be determined in accordance with the following provisions:
(1) Within five meters of the outermost edge of sewer networks for sewer pipes over four hundred millimeters in diameter or rainwater pipes over six hundred millimeters in diameter;
(2) Within 1.5 meters of the outermost edge of sewer networks for sewer pipes less than four hundred millimeters in diameter or rainwater pipes less than six hundred millimeters in diameter;
(3) Within ten meters outside of the planning red line of storage ponds, pumping stations, sewage treatment facilities, or sludge treatment and disposal facilities.
The project owner or operation management organization of drainage facilities shall set up boundary markers or signs in the security protection zones for drainage facilities.
Article 47 In the event of operations including but not limited to explosion, drilling, piling, jacking, excavation, extraction and artificial precipitation in the security protection zones for drainage facilities, the project owner or construction organization shall jointly develop a facility protection plan with the operation management organization of drainage facilities. The construction organization shall take the corresponding precautionary measures according to the protection plan under the supervision of the operation management organization of drainage facilities. The protection and the subsidence and displacement monitoring of drainage facilities shall be conducted at the expense of the project owner.
Any road maintenance operation in the security protection zones shall not undermine the safe operation of drainage facilities. The organization conducting road maintenance operations shall establish an integrated emergency response mechanism with the operation management organization of drainage facilities.
Article 48 Where a sewage needs to be discharged into natural water bodies during renovation or expansion of municipal drainage facilities, the project owner shall make an emergency response plan along with the renovation or expansion plan and implement the plan upon approval by the ecology and environment and drainage departments for the purpose of minimizing the impact of pollution, and make a public announcement.
Where a municipal drainage facility needs to be removed or moved because of engineering construction, a project owner shall make a removal or movement plan and implement it upon approval by the district drainage department; where a drainage facility needs to be removed or moved across districts, a project owner shall report to the municipal drainage department for approval. A project owner shall bear the expenses for removing, moving, rebuilding or renovating municipal drainage facilities and taking temporary measures.
Where a sewer network needs to be blocked or the drainage flow needs to be changed temporarily because of engineering construction, the project owner shall urge the construction organization to discuss with the operation management organization of drainage facilities on the specific construction plan before construction, and shall bear the related expenses. A construction organization shall construct in strict accordance with the agreed implementation plan under the supervision of the operation management organization of drainage facilities.
Article 49 The municipal drainage department shall work with the municipal planning and natural resources and other relevant departments to establish a drainage management information system.
Article 50 The drainage and other relevant departments may supervise and inspect the drainage arrangements of drainage facilities and dischargers, review and duplicate relevant documents and materials, and require any organization or individual subject to supervision and inspection to give an explanation on relevant issues. Any organization or individual subject to supervision and inspection shall cooperate and provide the relevant information truthfully.
The drainage department may entrust a specialized institution with qualified technical strength to provide technical services during routine supervision and inspection.
Article 51 If a discharger illegally discharges sewage generated from production and operation activities into drainage facilities and refuses to make corrections, which may cause serious consequences, the drainage department may prohibit it from discharging sewage into drainage facilities.
Article 52 The drainage department shall supervise and assess the operation and management of municipal drainage facilities, and require the operation management organization in violation of relevant regulations or agreement to make corrections within a prescribed time limit. The drainage department shall publicize the supervision and assessment results on operations of drainage facilities.
The drainage department shall regard separate collection of rainwater and sewage and reduction of water pollutants as major assessment indicators for operation and management quality of municipal drainage facilities. Online monitoring data may serve as the basis for assessment.
The district people's government shall supervise and assess its entrusted operation management organizations with reference to the two preceding paragraphs.
Article 53 The drainage department shall disburse the operation service fee in accordance with relevant provisions based on the fulfillment of the operation management contract by the operation management organization of drainage facilities. The specific measures shall be formulated by the municipal people's government.
Expenses arising from drainage facilities shared in a residential quarter, in which operation and management is entrusted by the district people's government, shall be subsidized by government revenue.
Where a municipal drainage facility is concessioned, the concessionaire shall keep separate accounts and conduct independent accounting for the operation of drainage facilities, and shall not depreciate the drainage facilities under entrusted operation and management.
Article 54 For any sewage network to be abandoned as determined by the drainage department, the operation management organization or project owner of municipal drainage facilities shall have it removed; if it is not possible to do so, the operation management organization or project owner shall adopt security measures including but not limited to sealing and grouting, and report the burial depth, pipe diameter, location plan and other related information to the planning and natural resources and drainage departments.
Chapter Five Legal Liability
Article 55 Where, in violation of the first, second and third paragraphs of Article 13 hereof, any drainage facility in a construction project does not meet the requirements for separation of rainwater and sewage, or any industrial wastewater drainage pipe is connected to rainwater or any other sewage pipe, or any living balcony or terrace in a new residential building is not equipped with sewage pipes, the drainage department shall order the violator to make corrections within a prescribed time limit; if no correction is made within the prescribed time limit or the circumstance is serious, a fine of no less than 50,000 yuan but no more than 100,000 yuan shall be imposed to the violator.
Article 56 Where, in violation of the second paragraph of Article 16 hereof, a project owner gets access to municipal drainage facilities without completing the relevant procedures, the drainage department shall order it to complete the procedures within the prescribed time limit; if the procedures are not completed within the prescribed time limit or the circumstance is serious, a fine of no less than 50,000 yuan but no more than 100,000 yuan shall be imposed to the violator.
Article 60 Where, in violation of the first paragraph of Article 17 or the first or second paragraph of Article 18 hereof, a project owner fails to carry out pipe endoscope inspection, or fails to organize an acceptance check upon completion, or put facilities into service without passing the acceptance check upon completion, the drainage department shall order it to make corrections within the prescribed time limit; if no correction is made within the prescribed time limit, a fine of no less than 50,000 yuan but no more than 200,000 yuan shall be imposed to the violator.
Where, in violation of the third paragraph of Article 18 hereof, a project owner fails to complete the record filing procedures, the drainage department shall order it to make corrections within the prescribed time limit; if no correction is made within the prescribed time limit, a fine of no less than 20,000 yuan but no more than 50,000 yuan shall be imposed to the violator.
Article 58 Where, in violation of Article 19 hereof, a project owner fails to complete the transfer procedures for materials and management of drainage facilities or the operation management organization of drainage facilities refuses to accept the transferred drainage facilities without justified cause, the drainage department shall order it to make corrections within the prescribed time limit; if no correction is made within the prescribed time limit, a fine of no less than 20,000 yuan but no more than 100,000 yuan shall be imposed to the violator.
Article 59 Where, in violation of Article 20 hereof, any asset is not transferred, the drainage department shall order the violator to make corrections within the prescribed time limit; if no correction is made within the prescribed time limit, a fine of no less than 50,000 yuan but no more than 100,000 yuan shall be imposed to the violator.
Article 60 Where, in violation of Article 21 hereof, rainwater and sewage are not discharged into drainage pipes separately in areas with sewer networks in accordance with the relevant provisions, the drainage department shall order the violator to make corrections within the prescribed time limit and give it a warning; if no correction is made within the prescribed time limit or serious consequences are caused, a fine of no less than 100,000 yuan but no more than 200,000 yuan on an organization or no less than 20,000 yuan but no more than 100,000 yuan on an individual shall be imposed.
Article 61 Where, in violation of Article 22 hereof, a permit is not applied for, the drainage department shall order the violator to stop the illegal act, take treatment measures and complete the drainage permit application procedures within the prescribed time limit, and a fine of no more than 500,000 yuan may be imposed; if any record is not filed, the drainage department shall order the violator to make corrections within the prescribed time limit; if no correction is made within the prescribed time limit, a fine of no less than 5,000 yuan but no more than 30,000 yuan may be imposed to the violator.
Article 62 Where, in violation of the second paragraph of Article 25 hereof, any sewage is not discharged according to the requirements of the drainage permit, the drainage department shall order the violator to stop the illegal act and make corrections within the prescribed time limit, and a fine of no more than 50,000 yuan may be imposed to the violator; if any serious consequence is caused, the drainage permit shall be revoked and a fine of no less than 50,000 yuan but no more than 500,000 yuan shall be imposed to the violator.
Where, in violation of the third paragraph of Article 25 hereof, a discharger fails to complete the relevant procedures, the drainage department shall order it to make corrections within the prescribed time limit; if no correction is made within the prescribed time limit, a fine of no less than 10,000 yuan but no more than 50,000 yuan shall be imposed to the violator.
Article 63 Where, in violation of the third paragraph of Article 27 hereof, a discharger that discharges industrial sewage fails to publish the relevant drainage information, the drainage department shall order it to make corrections within the prescribed time limit; if no correction is made within the prescribed time limit, a fine of no less than 10,000 yuan but no more than 50,000 yuan shall be imposed to the violator.
Article 64 Where, in violation of Article 28 hereof, a discharger fails to build pretreatment facilities or any pretreatment facility fail to run properly, the drainage department shall order it to make corrections within the prescribed time limit; if no correction is made within the prescribed time limit or the circumstance is serious, a fine of no less than 30,000 yuan but no more than 100,000 yuan on an organization and no less than 10,000 yuan but no more than 50,000 yuan on an individual shall be imposed; if no correction is made after the fine is imposed, the violator may be ordered to suspend its production and business.
Article 65 Where, in violation of Article 31 hereof, an operation management organization of drainage facilities takes emergency measures without notifying the any relevant discharger or reporting to the drainage department in advance, the drainage department shall order the violator to make corrections within the prescribed time limit and give a warning; if no correction is made within the prescribed time limit or a serious consequence is caused, a fine of no less than 100,000 but no more than 200,000 yuan shall be imposed.
Article 66 Where, in violation of Article 32 hereof, an organization or individual that discharges effluent into drainage facilities fails to pay the sewage treatment fee, the drainage department shall order it to do so within the prescribed time limit; if no payment is made within the prescribed time limit, a fine of no less than twice but no more than three times the sewage treatment fee shall be imposed.
Article 67 Where, in violation of subparagraph (1) of the first paragraph of Article 37 hereof, the routine inspection and maintenance, regular check of safety hazards, and timely emergency repair of drainage facilities to ensure normal operation are not conducted, the drainage department shall order the violator to make corrections and give it a warning; if no correction is made within the prescribed time limit or a serious consequence is caused, a fine of no less than 100,000 yuan but no more than 500,000 yuan shall be imposed.
Article 68 Where, in violation of subparagraphs (1) to (6) of the first paragraph of Article 37, the second paragraph of Article 37 or Article 38 hereof, the operation management organization of drainage facilities fails to perform the duties in accordance with relevant provisions or agreements, the drainage department shall order it to make corrections within the prescribed time limit; if no correction is made within the prescribed time limit or the circumstance is serious, a fine of no less than 50,000 yuan but no more than 100,000 yuan shall be imposed; if a serious consequence is caused, a fine of no less than 100,000 yuan but no more than 500,000 yuan shall be imposed.
Article 69 Where, in violation of Article 39 or the first paragraph of Article 41 hereof, the operation management organization of drainage facilities fails to take emergency measures, or fails to inspect the drainage facilities, or fails to add necessary drainage facilities and equipment for the purpose of ensuring smooth drainage during flood seasons, the drainage department shall order it to make corrections within the prescribed time limit and give a warning; if no correction is made within the prescribed time limit or a serious consequence is caused, a fine of no less than 100,000 yuan but no more than 200,000 yuan shall be imposed.
Where, in violation of the second paragraph of Article 41 hereof, leaves, sediments or other wastes are swept into gullies on the roads, the urban administration and comprehensive law enforcement department shall impose punishment in accordance with the relevant provisions.
Article 70 Where, in violation of Article 43 hereof, the operation management organization of sewage treatment facilities discharges effluent that fails to meet relevant standards or ceases the operation of sewage treatment facilities without approval, the drainage department shall order it to make corrections and give a warning; if no correction is made within the prescribed time limit or a serious consequence is caused, a fine of no less than 100,000 yuan but no more than 500,000 yuan shall be imposed.
Article 71 Where, in violation of the first or second paragraph of Article 44 hereof, the operation management organization of drainage facilities or sludge treatment and disposal organization fails to ensure that the sludge after treatment and disposal complies with relevant national standards, or fails to establish or implement the system of forms in duplicate for sludge transport in accordance with relevant provisions, the drainage department shall order the violator to take treatment measures within the prescribed time limit and give it a warning; if a serious consequence is caused, a fine of no less than 100,000 yuan but no more than 200,000 yuan shall be imposed; if no measures are taken within the prescribed time limit, the drainage department may entrust a qualified treatment organization to do so at the expense of the violator.
Where, in violation of the third or fourth paragraph of Article 44 hereof, sludge is transported, received or disposed of, the drainage department shall order the violator to make corrections within the prescribed time limit; if no correction is made within the prescribed time limit, a fine of no less than 100,000 yuan but no more than 500,000 yuan on an organization and no less than 50,000 yuan but no more than 200,000 yuan on an individual shall be imposed.
Other illegal treatment and disposal of sludge shall be punished by the ecology and environment and drainage departments in accordance with the relevant national provisions.
Article 72 Where, in violation of Article 45 hereof, the safe operation of drainage facilities is jeopardized, the drainage department shall order the violator to stop the illegal act and restore the facilities or take other remedial measures within the prescribed time limit; if no remedial measures are taken within the prescribed time limit or the circumstance is serious, a fine of no less than 200,000 yuan but no more than 500,000 yuan on an organization and no less than 20,000 yuan but no more than 100,000 yuan on an individual shall be imposed to the violator.
Article 73 Where, in violation of the first paragraph of Article 47 hereof, a facility protection plan is not formulated or the operations are not conducted according to the plan, the drainage department shall order the violator to make corrections within the prescribed time limit and take remedial measures; if no correction is made or no remedial measure is taken within the prescribed time limit, a fine of no less than 50,000 yuan but no more than 200,000 yuan shall be imposed; if a serious consequence is caused, a fine of no less than 200,000 yuan but no more than 500,000 yuan shall be imposed.
Article 74 Where, in violation of the first paragraph of Article 48 hereof, the project owner fails to formulate an emergency plan or fails to implement the agreed plan, the drainage department shall order it to make corrections within the prescribed time limit; if no correction is made within the prescribed time limit or the circumstance is serious, a fine of no less than 50,000 yuan but no more than 200,000 yuan shall be imposed; if a serious consequence is caused, a fine of no less than 200,000 yuan but no more than 500,000 yuan shall be imposed.
Where, in violation of the second paragraph of Article 48 hereof, a removal or movement plan is not formulated and reported to the drainage department for review in accordance with relevant provisions or such plan is not implemented, the drainage department shall order the violator to make corrections, restore to the original state or take other remedial measures, and a fine of no less than 50,000 yuan but no more than 200,000 yuan shall be imposed; if a serious consequence is caused, a fine of no less than 200,000 yuan but no more than 500,000 yuan shall be imposed.
Article 75 Where, in violation of Article 54 hereof, the discarded drainage pipes are not disposed of or the relevant materials are not submitted in accordance with the relevant provisions, the drainage department shall order the violator to make corrections within the prescribed time limit; if no correction is made within the prescribed time limit, a fine of no less than 20,000 yuan but no more than 200,000 yuan shall be imposed.
Article 76 Where the drainage department or other relevant administrative departments and their staff fail to perform relevant duties in accordance with the provisions hereof, disciplinary actions shall be taken against the responsible persons in charge and other directly responsible persons according to law; where the violation is criminally punishable, the offender shall be held criminally liable according to law.
Chapter Six Supplementary Provisions
Article 77 The definitions of the terms in these Regulations are as follows:
(1) Drainage facilities refer to sewage treatment facilities, sludge treatment and disposal facilities, drainage pumping stations, drainage detention and retention facilities, sewage networks and the attached manholes and gullies.
(2) Municipal drainage facilities refer to the facilities built according to the special drainage plan to provide urban public drainage services.
(3) Residential quarter is a generic term for residential area, public building, commercial service area, industrial logistics area, etc.
(4) Drainage facilities shared in a residential quarter refer to the outdoor sewage networks, manholes and gullies shared in a residential quarter.
(5) Drainage facilities in a building refer to the drainage facilities laid inside a building (including underground space) and fixed onto external walls of the building.
(6) Dischargers refer to organizations and individuals that discharge effluents from production and operation activities into sewage networks.
(7) Sludge refers to semi-solid or solid substances generated from the process of sewage purification and treatment or deposited in sewage networks, excluding sludge from the treatment of industrial and medical wastewater.
(8) Rainwater source control facilities refer to rainwater infiltration, storage, retention, transfer, filtration and purification, and other facilities built for single or multiple objectives including but not limited to total rainwater runoff control, peak control, pollution control, and resource utilization on the land parcels for development under a construction project.
Article 78 These Regulations shall come into force on January 1, 2021.
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