(adopted by the 10th Meeting of the Standing Committee of the Fourth People’s Congress of Shenzhen Municipality, approved by the 30th Meeting of the Standing Committee of the Tenth People’s Congress of Guangdong Province)
Chapter One General Principles
Article 1 In order to strengthen the administration to water discharging, safeguard the safety and smoothness of water discharging, protect the water environment and promote the sustainable development of economy and society, these Regulations are formulated.
Article 2 These Regulations shall be applicable to the planning, construction, operation and maintenance of drainage facilities, and to the activities of discharging water into drainage facilities in the administrative area of this Municipality.
Article 3 Water shall be discharged in accordance with the principles of separating rainwater and sewage, purifying sewage after centralization and safeguarding the capacity of flood storage. Sewage may not be discharged into drainage facilities until relevant compulsory standards are satisfied.
The system of water discharging licensing and the system of collecting sewage purifying fees shall be carried out.
Article 4 The municipal and district governments shall put the construction of basic drainage facilities into the plan of national economical and social development of their respective level.
Article 5 The researching, application and spreading of advanced scientific technologies for purifying sewage are encouraged and supported. It is encouraged to raise the utilization rate of water resources. It is supported to utilize sewage, grey water and rainwater comprehensively.
Every unit and individual shall have the obligations of discharging water legally and protecting drainage facilities, and shall have the rights to report the activities of discharging water illegally and damaging drainage facilities.
The unit and individual who make outstanding achievements in promoting the development of drainage industry shall be commended and rewarded.
Article 6 The municipal administrative department of water affairs (hereinafter referred to as the municipal competent department) shall be the competent department responsible for administering the water discharging activities in this municipality. The district administrative department of water affairs (hereinafter referred to as the district competent department) shall be responsible for administering the water discharging activities in the area under its jurisdiction, and shall accept the supervisions and guides from the municipal competent department.
The municipal and district competent departments may entrust municipal or district special organizations in the administration to water discharging.
The municipal and district administrative departments of environment protection shall carry out supervisory administration to water discharging activities according to the provisions of relevant law, regulations and these Regulations.
The relevant administrative departments and units of planning, state-owned land, construction, industry and commerce, city administration, public security, sanitation and electricity shall assist the competent departments in the administration to water discharging according to their respective functions and duties.
Chapter Two Planning and Construction
Article 7 Drainage facilities shall be put into unified planning and be constructed as supporting facilities.
The municipal competent department shall make a drainage planning of the whole city according to the city overall planning, and submit the planning to the municipal city planning committee for examination and approval after the municipal planning department carries out comprehensive coordination about the planning.
Article 8 The land utilization and construction relating drainage facilities shall be consistent with the city planning and the drainage planning.
Article 9 Conduits for rainwater shall be separated from those for sewage when constructing, altering or expanding drainage facilities. The conduits for rainwater and the conduits for sewage are forbidden to be connected without any barrier.
The drainage facilities shall be reformed step by step if the rainwater and sewage are not separated in them. The detailed measures for reforming drainage facilities shall be made by the municipal government separately.
Article 10 When building, altering or expanding a construction project, the construction unit shall design and build the supporting drainage facilities simultaneously according to the drainage planning, and put them into use at the same time.
Article 11 If a construction project involves drainage facilities and may not be started until getting a construction planning license, the administrative department of planning shall solicit opinions from the competent department about the affairs involving drainage facilities before verifying and issuing the license.
If a construction project involves the alteration or expansion of drainage facilities and may be started without any construction planning license, the construction unit shall submit the construction scheme to the competent department and may not start construction until the competent department examines and approves the scheme.
If drainage facilities need to be removed or moved due to a construction project, the construction unit shall get approval from the administrative department of planning and the competent department beforehand, and shall pay for the rebuilding and alteration of drainage facilities.
Article 12 When a construction project involves drainage facilities is completed, the construction unit shall apply for acceptance check to the competent department, and submit the construction file of drainage facilities to the competent department within 3 months upon the acceptance check.
Article 13 Drainage facilities shall be considered as qualified in the acceptance check if they satisfy the following requirements:
1. relevant standards and technical criterions are satisfied;
2. the construction is carried out according to the documents and drawings approved by relevant departments;
3. the drainage pipes are constructed for separating rainwater and sewage;
4. the relevant provisions on flood prevention are observed; and
5. the drainage facilities are in good condition and smooth.
Article 14 No drainage facilities may be put into use if they fails to pass the acceptance check or have not been checked.
The drainage facilities which are not checked shall be maintained and managed by the construction unit. If the drainage facilities fail to pass the acceptance check, the construction unit shall repair or rebuild them, and shall be responsible for the maintenance and management during the reparation or rebuilding period.
Article 15 The pipes for connecting the self-constructed drainage facilities with the municipal drainage network shall be constructed by the construction unit or the unit discharging water.
After the drainage facilities pass the acceptance check, the pipes mentioned above shall be transferred to the competent department for uniform management, and shall be maintained by the relevant unit entrusted by the competent department.
Article 16 When a sewage purifying factory is built, altered or expanded, the real-time monitoring equipments or facilities for sewage purifying shall be constructed simultaneously. The designing scheme of the monitoring equipments or facilities shall be submitted to the competent department for examination and approval.
When the real-time monitoring equipments or facilities for sewage purifying pass the acceptance check carried by the competent department and the administrative department of environment protection jointly, they shall be transferred to the competent department for uniform management, and be maintained by the relevant unit entrusted by the competent department.
The real-time monitoring equipments or facilities for sewage purifying shall be put into the online monitoring system for pollution resources of the administrative department of environment protection.
Article 17 The designing and construction of drainage facilities shall be undertaken by qualified units.
排水设施运营单位不得强行承揽或者指定他人承揽排水设施建设、迁移、改造、接驳以及其他相关工程。
The unit for operating drainage facilities is forbidden to undertake or appoint another unit to undertake any project of building, moving, altering or connecting drainage facilities or any other project involving drainage facilities.
Chapter Three Operation and Maintenance
Article 18 The municipal drainage facilities shall be operated and maintained by the operation unit of drainage facilities entrusted or authorized by the municipal competent department according to law.
The operation unit of drainage facilities shall establish and improve a target system of service quality, an operational and managerial system and a responsible system of safety production.
Article 19 The operation unit of drainage facilities shall regularly maintain its operated drainage pipes, ducts and pumping stations according to relevant technical criterions, and shall fully check, clear and repair them before the flood or rainy season comes, in order to ensure that they can function smoothly, safely and in good order.
The operation unit of drainage facilities shall maintain its operated sewage purifying factory in time according to relevant technical criterions in order to ensure that the sewage purifying equipments, facilities and instruments can function normally, shall regularly detect and analyze the quality of water, sludge and atmosphere in order to ensure that the discharged water, sludge and waste gas satisfy relevant compulsory standards after being purified, and shall file various detection data appropriately.
Article 20 The operation unit of drainage facilities shall start and complete the maintenance project according to the provided time limit. Relevant units and individuals shall cooperate with the operation unit and provide conveniences.
When carrying out the project mentioned in the preceding paragraph, the operation unit of drainage facilities shall set conspicuous caution signals on the site and adopt necessary measures to protect safety.
Article 21 If a drainage pipe breaks out or leaks water, or a sewer cover or a rainwater comb is lost, the operation unit of drainage facilities shall arrive at the site and organize first-aid reparation within an hour upon receiving the complaint about it or after the accident occurs.
Article 22 When an operation unit of drainage facilities needs the water supply to be suspended because it is going to rush to repair a drainage facility or carry out special maintenance operation, it shall notify the units and individuals along the line to suspend discharging water. The units and individuals along the line shall suspend discharging water as required according to the notification, and are forbidden to discharge water mandatorily. After the first-aid reparation or maintenance is completed, the operation unit of drainage facilities shall notify the units and individuals along the line to resume discharging water.
If the water supply is suspended in a large scale and the living and working environment will be seriously affected, the operation unit of drainage facilities shall issue a publication through news media, adopt corresponding measures for emergency and report the competent department for coordination and disposal when necessary.
Article 23 The operation unit of drainage facilities shall apply to the competent department for admission before starting a project of altering municipal drainage facilities. The competent department shall organize relevant special institutions to evaluate the alteration scheme.
The alteration project mentioned in the preceding paragraph may not be put into use until it passes the acceptance check according to the provisions of Article 12 and 13 or these Regulations.
Article 24 The operation unit of drainage facilities shall cooperate with the competent department and the administrative department of environment protection in the work of monitoring water quality and quantity, and shall provide conditions for the monitoring equipments and facilities to function normally.
Article 25 No sewage purifying factory may bring down the purifying level, stop production or reduce production without approval. If a sewage purifying factory needs to stop or reduce production because it needs to maintain sewage purifying equipments or facilities, it shall apply to the competent department for approval. If the sewage purifying factory needs to stop partial production or reduce production temporarily because a production accident occurs, it shall report the competent department within an hour.
If a sewage purifying factory directly discharges sewage without purifying or its purified sewage fails to satisfy the standards because its inlet water is abnormal, its operation unit shall immediately report the administrative department of environment protection to deal with the situation according to law.
Article 26 The self-constructed drainage facilities shall be operated and maintained by the unit owning their properties or by a managerial unit entrusted by it.
The maintaining unit of self-constructed drainage facilities shall strengthen the daily maintenance and management of the drainage facilities within the red line, regularly clear and clean the relevant sewage pre-purifying facilities, and supervise the pipe connecting activities committed by the units and individuals discharging water within the red line.
Article 27 The operation and maintaining units of drainage facilities shall well make records of their operation and maintenance work, and store relevant materials. The competent department may request for the working records and relevant materials.
Chapter Four Administration to Water Discharging
Article 28 The self-constructed drainage facilities in the area covered by municipal drainage pipe network shall be connected to it.
Units and individuals who need discharging water shall discharge sewage into the municipal sewage pipe network. The sewage discharged into the sewage pipe network shall satisfy the relevant compulsory standards made by the national competent department of construction and the administrative department of environment protection.
Article 29 If the sewage to be discharged is under any one of the following circumstances, the units and individuals discharging water shall build corresponding sewage purifying facilities to pre-purify the sewage, and may not discharge sewage until satisfying the relevant standards:
1. the sewage contains heavy metal, biological product or other substance which is hard to be biodegraded;
2. the sewage contains poisonous, harmful, flammable, explosive or radioactive substance;
3. the sewage contains corrodent substance such as strong acid or alkali;
4. the sewage is produced by a medical or sanitation institution, or contains excrement of an infectious victim or a suspect infectious victim;
5. other sewage which may damage drainage facilities.
Any unit or individual, who engages in the operation of catering, hairdressing, vehicle cleaning, vehicle repairing or gas station, or engages in a construction project and needs discharging water, shall build corresponding sewage pre-purifying facilities according to the national technical criterions, such as oil separation tank, hair collection tank and sewage grit chamber, and shall regularly clear and clean them in order to safeguard the normal function of pre-purifying facilities.
Article 30 If the sewage discharged falls in any one of the circumstance stipulated in Paragraph 1, Article 29, the discharging unit or individual shall establish a drainage controlling device, and provide conditions for getting samples and measuring flows when monitoring.
Article 31 Every discharging unit of industry enterprise, sewage purifying factory, discharging unit and individual who directly discharges sewage into natural water body shall apply for a sewage discharging license to the administrative department of environment protection according to law.
The production or operational units, except industry enterprises, and individuals who directly or indirectly discharge sewage into municipal drainage facilities shall apply for drainage licenses to the competent department.
Article 32 If a unit or individual who ought to but fails to apply for the drainage license according to the provisions of Paragraph 2, Article 31 of these Regulations, the competent department may notify the water supply enterprise or other water supply unit to restrict supplying water to him, and shall urge him to apply for the drainage license.
If a unit or individual fails to satisfy the requirements of discharging water, the competent department shall notify the water supply enterprise or other water supply unit to stop supplying water to him.
Article 33 Anyone who applies for a drainage license shall satisfy the following requirements:
1.the establishment of sewage discharging outlet satisfies the drainage planning and that the self-constructed drainage facilities pass the acceptance check;
2. the sewage discharged into the drainage facilities satisfies the relevant compulsory standards;
3. sewage purifying facilities have been established according to relevant provisions;
4. special detecting facilities have been established at the discharging outlets according to relevant provisions;
5. the discharging unit or individual whose discharged sewage may damage the normal operation of drainage facilities has corresponding abilities of detecting water quality and quantity, and has established relevant detecting systems;
6. where there is deposit in the water temporarily discharged from a construction projection, the discharging unit or individual has established pre-silting facilities, and that the water which is discharged after being purified by the pre-silting facilities satisfies relevant compulsory standards.
If the applicant is qualified, the competent department shall issue a drainage license to him within 20 working days upon accepting the application.
If the applicant is not qualified, the competent department shall make a decision of not issuing the drainage license and state the reason in writing within the period stipulated in the preceding paragraph.
Article 34 The valid term of a drainage license shall be 5 years.
Every discharging unit and individual shall apply for changing a new license to the competent department 3 months prior to the expiration date of the valid term of the drainage license.
Article 35 Anyone who needs to discharge water temporarily into the drainage facilities because of the construction project shall apply for a temporary drainage license whose valid term may not be longer than the construction term of the project.
If the water discharge by a unit or individual is slightly inconsistent with the quality standards, but will not cause serious damage to the drainage facilities, and can satisfy the discharging standards after harnessing, the competent department may issue a temporary drainage license and shall command him to harness within a limited time. The valid term of the temporary drainage license shall be 1 year. If the water discharged fails to satisfy the discharging standards after the valid term expires, a doubled sewage purifying fee shall be collected.
Article 36 The administrative department of environment protection shall be responsible for monitoring and detecting the quality and quantity of the water which is discharged by industry enterprises, sewage purifying factories, and the discharging units and individuals who directly discharge sewage into the water body. The competent department shall be responsible for monitoring and detecting the quality and quantity of the water which is discharged by other discharging units and individuals, and the water which is in the sewage pipe network, and shall establish corresponding file of drainage monitoring.
Discharging units and individuals shall cooperate in the work of monitoring and detecting water quality and quantity.
The competent department and the administrative department of environment protection shall regularly notify the other party of the monitoring information.
Article 37 No discharging unit and individual may commit any one of the following activities:
1. discharging water into drainage facilities without drainage license or approval;
2. failing to discharging water according to the requirements stipulated in the drainage license;
3. discharging sewage into rainwater pipes or discharging rainwater into sewage pipes;
4. discharging water mandatorily to roads, public green lands or other public sites without water discharging qualification.
Article 38 No unit or individual may commit any one of the following activities to damage drainage facilities:
1. occupying, pushing down, dismounting, chiseling, digging, jamming, filling or moving any drainage facility or affecting, changing its functions;
2. carrying out an explosive or naked-fire operation, piling, building, planting or burying poles in the safety protection area of drainage facilities;
3. occupying or covering checking wells or rainwater combs;
4. dumping waste materials, such as the garbage, excrement, muck, sundries and sludge into the inlets or outlets of drainage pipes, checking wells, rainwater combs or open drainage ditches;
5. discharging oil failure or construction slurry directly into drainage facilities;
6. discharging poisonous, harmful, flammable or explosive substance into drainage facilities;
7. pressurizing and discharging water into drainage pipes without adopting any energy elimination measures;
8. other activities damaging drainage facilities.
Article 39 If poisonous, harmful, flammable or explosive substance is discharged into municipal drainage facilities by a unit or individual because of accident, he shall adopt remedy measures immediately to eliminate the harmful effects. If the harmful effects cannot be eliminated, the unit or individual shall immediately report to the operating unit of the drainage facilities in the area for handling the problem and bear the expenses.
Article 40 The protection area for municipal drainage facilities shall cover the place less than 5 meters far from the sides of the main municipal drainage pipelines and the place less than 1.5 meters far from the sides of the branch municipal drainage pipelines.
If a construction operation carried out in the protection area of municipal drainage facilities may harm the safety of the facilities, the construction unit or the unit responsible for the construction shall discuss with the operation unit of drainage facilities for making protection measures before starting the construction. The operation unit of drainage facilities shall supervise the implementation of the protection measures.
Article 41 If a drainage pipeline needs to be blocked or the flow of discharged water needs to be changed because of a construction operation, the construction unit shall discuss with the operation and maintenance units of drainage facilities for making constructing plans before starting the construction. The construction unit shall adopt temporary drainage measures during the construction period, resume the original status after the construction is completed, and shall bear the expenses occurred.
Article 42 The competent departments shall strengthen the administration to the industry, supervise and guide the operation units of drainage facilities and the maintenance units of self-constructed drainage facilities to build and improve their managerial systems for operating and maintaining drainage facilities, check the implementation of the systems, accept complaints from the public and publicize the checking results and the dealing results of complaints.
Article 43 Before the flood season comes, the competent departments shall urge the operation units and maintenance units of drainage facilities to make good preparations for preventing flood, and coordinate them in the work of flood prevention. The operation units and maintenance units of drainage facilities shall obey the centralized dispatching and management of the competent department.
Article 44 Every unit and individual who discharges sewage directly or indirectly into municipal drainage facilities shall pay the sewage disposal fees according to relevant rules.
The sewage disposal fees shall be collected uniformly by the municipal competent department according to relevant rules, be managed in a special financial account and be forbidden to use for other purposes.
Article 45 If a competent department entrusts a water supply enterprise or a relevant unit in collecting the sewage disposal fees, the enterprise and the unit shall provide assistance.
The water supply enterprise and the relevant unit entrusted in collecting sewage disposal fees shall turn in the money into the special financial account in time according to the articles made in the entrusting contract, and may not refuse to turn in the money, keep the money or use the money.
Article 46 The sewage disposal fees may only be used for the operation, maintenance, alteration and construction of municipal drainage facilities. The service expenses of municipal drainage facilities shall firstly be paid by the sewage disposal fees. If the sewage disposal fees are not enough to pay the service expenses, the shortage shall be paid by the Finance.
The municipal competent department shall make an operation service contract of drainage facilities with every operation unit of drainage facilities, regularly check the performance of the contract and put forward suggestions on the payment of operation service fees. The municipal administrative department of finance shall directly appropriate the money to pay the operation service fees according to the relevant regulations on the concentrated payment from exchequer.
Article 47 The municipal competent department shall make annual report about the usage of sewage disposal fees, and publicize the report to the public after it is audited.
Chapter Five Franchise of Drainage Facilities
Article 48 If franchise is carried out in the operation of municipal drainage facilities, an operation enterprise of drainage facilities shall be established with modern enterprise systems, basing on the liquidation of properties, verification of capital and clarification of property rights.
Article 49 For a franchiser who invests in constructing a sewage purifying factory, the capital of this project shall not be less than 20% of the total amount of his invested money. The operation period of the franchiser shall not be more than 30 years.
For a franchiser who owns drainage facilities, such as a sewage purifying factory and its pipes and nets, his registered capital shall not be less than 50% of the total amount of the cost occurred during the contracting years. The operation period of the franchiser shall not be more than 8 years.
Article 50 Every franchiser of drainage facilities shall separate his business of operating drainage facilities from other businesses.
Before the implementation of these Regulations, if a franchiser engages in the businesses of water supply and discharging simultaneously, he shall carry out independent accountability in the two businesses.
Article 51 The municipal government or its authorized municipal competent department shall make a franchise agreement with the franchiser of drainage facilities according to the provisions stipulated in the Regulations of Shenzhen Municipality on the Franchise of Public Affairs.
The franchise agreement shall not provide any fixed return for the investor or the operator.
第五十二条排水设施特许经营者的运营服务费,由市主管部门根据特许经营协议和经营者提供服务的质量、数量和有关规定核拨。
Article 52 The operation service fees of the franchiser of drainage facilities shall be appropriated and paid by the municipal competent department according to the franchise agreement, the quality and quantity of the service provided by the operator and other relevant provisions.
Article 53 The municipal drainage facilities built by the government’s investment and the self-constructed drainage facilities taken over by the government without consideration shall not be depreciated during the operation period because their ownership belong to the government. If they are depreciated, the money accrued for the depreciation shall be fully turned in to the Finance and shall be used for the construction and alteration of drainage facilities.
Article 54 The money accrued, as required, for depreciating the municipal drainage facilities which are constructed under a franchiser’s investment or are purchased by a franchiser shall be kept in a separate account, may only be used specially in the heavy reparation, updating and technical alteration of drainage facilities, and be supervised by the competent department, and the administrative department of finance and audition.
Chapter Six Legal Responsibilities
Article 55 Anyone who violates the provisions of Article 9 or Article 10 of these Regulations shall be ordered to change, supplement or restart the construction within a time limit, and shall be imposed a fine of 50,000 to 100,000 yuan simultaneously by the competent department.
Article 56 Any construction unit who starts construction without approval or fails to apply for the acceptance check, in violation of the provisions of Paragraph 2 or 3 of Article 11, or Article 12, 13 of these Regulations shall be imposed a fine of 50,000 to 100,000 yuan by the competent department.
Article 57 If a drainage facility is put into use before being checked for acceptance or after failing to pass the acceptance check in violation of the provisions of Paragraph 1 of Article 14 of these Regulations, the competent department shall order to stop using the drainage facility and impose the construction unit a fine of 5% to 10% of the cost of the project involving the drainage facility. If the operation unit of the drainage facility accept transference without approval, it shall be imposed a fine of 50,000 to 100,000 yuan.
Article 58 Anyone who does not install real time monitoring equipments or facilities of sewage purifying as required, in violation of the provisions of Article 16 of these Regulations, shall be ordered to make correction within a limited time by the competent department, and shall be imposed a fine of 50,000 to 100,000 yuan if he fails to make correction within the time limit.
Article 59 If an operation unit of drainage facilities forcibly undertakes or appoints another unit to undertake any relevant project, the competent department shall order it to make correction, impose it a fine of 10% to 20% of the project’s cost, and simultaneously impose its person in charge who is directly responsible, and other responsible persons a fine of 20,000 to 50,000 each.
Article 60 Anyone who violates the provisions of Paragraph 2 of Article 18 of these Regulations shall be ordered to make correction within a limited time by the competent department, and shall be imposed a fine of 20,000 to 50,000 yuan if he fails to make correction within the time limit.
Article 61 Anyone who fails to perform functions and duties as required or fails to rush to repair drainage facilities in time, in violation of the provisions of Paragraph 1 of Article 19, Article 20, 21, 22 or 26 of these Regulations, shall be ordered to make correction within a limited time and be imposed a fine of 20,000 to 50,000 yuan by the competent department simultaneously. If the circumstance is serious, the fine shall be 50,000 to 100,000 yuan. If there is economical loss, compensation liability shall be born.
If the discharged sewage which is purified by a sewage purifying factory, sludge or waste gas fails to satisfy the stipulated standards, in violation of the provisions of Paragraph 2 of Article 19 of these Regulations, the operation unit of drainage facilities shall be ordered to make correction within a limited time, and simultaneously be imposed a fine of 50,000 to 100,000 yuan by the administrative department of environment protection. If the detection data is not well stored, the operation unit of drainage facilities shall be ordered to make correction within a limited time and be imposed a fine of 20,000 to 50,000 yuan by the competent department simultaneously.
Article 62 Anyone who violates the provisions of Article 24 or 27 of these Regulations shall be ordered to make correction within a limited time and be imposed a fine of 20,000 to 50,000 yuan by the competent department simultaneously.
Article 63 Anyone who stops or reduces production in violation of the provisions of Paragraph 1 of Article 25 of these Regulations shall be imposed a fine of 100,000 to 200,000 yuan by the competent department, or be taken over temporarily by the municipal competent department if the circumstance is serious. The expenses occurred shall be borne by the operation unit being taken over.
Anyone who fails to report immediately in violation of the provisions of Paragraph 2 of Article 25 of these Regulations shall be imposed a fine of 50,000 to 100,000 yuan by the administrative department of environment protection.
Article 64 Anyone who violates the provisions of Article 28, 29 or 30 of these Regulations shall be ordered to make correction and be imposed a fine of 50,000 to 100,000 yuan simultaneously by the competent department; shall be restrained from getting water supply if the circumstance is serious and shall bear the compensation liabilities if the drainage facilities are damaged.
Article 65 If a water supply enterprise supplies water arbitrarily in violation of the provisions of Article 32 of these Regulations, the competent department shall order it to make correction immediately and impose it a fine of 50,000 to 100,000 yuan simultaneously.
Article 66 If a discharging unit or individual does not cooperate in the monitoring work in violation of the provisions of Article 36 of these Regulations, he shall be ordered to make correction within a limited time and be imposed a fine of 20,000 to 50,000 yuan simultaneously by the competent department or the administrative department of environment protection.
Article 67 Anyone who violates the provisions of Article 37 of these Regulations shall be ordered to make correction within a limited time and be imposed a fine of 20,000 to 50,000 yuan simultaneously by the competent department; and shall be restrained from getting water supply and be ordered to stop business for consolidation if the circumstance is serious.
Article 68 Anyone who violates the provisions of Article 38 or 39 of these Regulations shall be ordered to make correction within a limited time and be imposed a fine of 50,000 to 100,000 yuan simultaneously by the competent department; and shall bear the compensation liabilities if the drainage facilities are damaged.
Article 69 Anyone who violates the provisions of Article 40 or 42 of these Regulations shall be ordered to make correction within a limited time and be imposed a fine of 20,000 to 50,000 yuan simultaneously by the competent department.
Article 70 Any discharging unit or individual who fails to pay the sewage disposal fees as required, in violation of the provisions of Article 44 of these Regulations, shall be punished according to the relevant rules on urging the payment of sewage disposal fees if he is within the area of urban water supply; or shall be revoked his license of getting water and be dismantled his facilities of getting water if his water resources are self-prepared.
Article 71 Anyone who fails to turn in the sewage disposal fees in time, refuses to turn in the money, keep the money or use the money for other purposes, in violation of the provisions of Article 45 of these Regulations, shall be ordered to make correction within a limited time and simultaneously be imposed a fine of 2 to 5 times of the amount of money involved by the competent department.
Article 72 Anyone who violates the provisions of Article 50 of these Regulations shall be ordered to make correction within a limited time and be imposed a fine of 100,000 to 200,000 yuan simultaneously by the competent department; and shall be imposed a fine of 10% of his operation service fees if he fails to make correction within the time limit. The person in charge and directly responsible, and other persons directly liable shall be imposed a fine of 10,000 to 30,000 yuan each.
Article 73 Anyone who does not turn in all the money accrued for depreciation as required, in violation of the provisions of Article 53 of these Regulations, shall be ordered to make correction within a limited time and be imposed a fine of 100,000 to 200,000 yuan simultaneously by the competent department. The person in charge and directly responsible, and other persons directly liable shall be imposed a fine of 10,000 to 30,000 yuan each.
Article 74 Anyone who does not use the money accrued for depreciation as required, in violation of the provisions of Article 54 of these Regulations, shall be ordered to make correction within a limited time and be imposed a fine of 100,000 to 200,000 yuan simultaneously by the competent department. The person in charge and directly responsible, and other persons directly liable shall be imposed a fine of 10,000 to 30,000 yuan each.
Article 75 If a competent department fails to fulfill its functions and responsibilities according to the provisions of these Regulations, its person in charge and directly responsible, and other persons directly liable shall be imposed administrative sanctions according to relevant provisions.
If a working person of competent department abuses his power, engages in malpractice for selfish aim or neglects his duty, he shall be imposed administrative sanction according to relevant provisions, and shall be transferred to judicial organ if a crime is involved.
Chapter Seven Supplementary Provisions
Article 76 For the purpose of these Regulations, the following explanations are made:
1. discharging water refers to the activity of using drainage facilities to collect, transport, dispose, utilize or discharging urban sewage or rain water;
2. drainage facilities refer to the drainage pipes and nets, pumping stations, sewage disposal factories and their auxiliary equipments, including municipal drainage facilities and self-constructed drainage facilities;
3. operation unit of drainage facilities refers to the unit operating drainage pipes and nets, pumping stations or sewage disposal factories;
4. unit and individual discharging water refer to the unit and individual employed people who discharge rain water or sewage into drainage facilities;
5. sewage refers to the urban industry waste water and sanitary waste water;
6. sewage purifying refers to the activity of purifying sewage by physical, chemical, biological methods and making them satisfying discharging standards.
Article 77 If the municipal government is required to make specific measures separately according to the provisions of these Regulations, it shall finish the making within 18 months upon the implementation of these Regulations.
Article 78 The municipal organs to impose administrative punishments shall make specific imposing standards for the fines and penalties stipulated in these Regulations, put them into effect at the same time as the implementation of these Regulations, and amend them in time if necessary.
Article 79 These Regulations shall enter into effect as of July 1, 2007.