297 Measures of Shenzhen City on Planned Water Consumption[深圳市计划用水办法(2007)]

Archived（May 28, 2018）

Decree of Shenzhen Municipal People’s Government 

No. 166 

     The Measures of Shenzhen City on Planned Water Consumption was adopted at the fifty-sixth executive meeting of the fourth session of the Municipal Government and is hereby promulgated. It shall be implemented as of July 1, 2007. 

Xu Zongheng, Mayor 

May 8, 2007 

Measures of Shenzhen City on Planned Water Consumption 

Chapter 1   General Provisions 

　　Article 1   In order to implement the scientific concept of development, save water resources and promote the development of circular economy, these Measures are formulated according to the Regulations of the Shenzhen Municipality on Water Saving and in light of the actual conditions of the city. 

　　Article 2   These Measures are applicable to the application and determination of the water use plans of unit users and relevant management activities in the administrative areas of the City. 

　　The standards for increasing the price of domestic water used by residents in excess of the quota shall be determined according to these Measures. 

　　Article 3   The administrative department of Shenzhen in charge of water affairs (hereinafter the “municipal department of water affairs”) is responsible for the management work of planned water consumption in the whole city. The municipal department of water affairs may commission the municipal water saving management institutions to do the specific management work of planned water consumption in the whole city. 

　　The district department of water affairs is responsible for the management work of planned water consumption in its administrative areas according to the duties and the division of work. 

　　Article 4   Planned water consumption shall comply with the principle of controlling the total amount, using water scientifically and rationally, recycling water and increasing the benefits. 

　　Article 5   The municipal department of water affairs shall formulate the white paper on the annual planned water consumption in the whole city, including the evaluation of plans, the collection of fees based on the progressive increase in the price of water used by unit users in excess of the planned amount, etc., submit it to the Municipal Government and release it to the public every year. 

　　Article 6   The units and individuals that have made outstanding contributions to water saving shall be rewarded. 

     The municipal department of water affairs shall formulate the measures on the rewards for and the promotion of planned water consumption. 

Chapter 2   Application and Determination 

　　Article 7   The water use plan of the unit user determined according to the law shall consist of the planned total annual water consumption, the planned monthly water consumption, the nature of water consumption, and etc. 

　　The nature of water consumption shall be determined or changed according to the relevant laws and regulations. 

　　Article 8   The unit user shall apply for the water use plan of the next year before December 1, but new water-using units and water-using construction units may file applications while handling the matters of water supply. 

　　The department of water affairs shall make public the catalogue of the materials needed to apply for the water use plan, the demonstrative application form and the water use plans of unit users at its offices and the government website, and shall provide on-line application and acceptance services. 

　　Article 9   A new water-using unit shall provide the following materials while applying for the water use plan: 

　　(1) The application form of water use plan; 

　　(2) The certificate of legal incorporation; 

　　(3) The certificates of the completion and acceptance of new construction, expansion and reconstruction projects and water saving facilities; 

　　(4) Documents related to the designed total annual water consumption. 

　　Article 10   While applying for the water use plan, the current unit user shall provide the application form of water consumption and the form of water consumption and water saving; if the total amount of the annual water use plan needs to be adjusted because of changes in the demand for water caused by factors such as the production and operation or the number of water users, the current unit user shall also submit an account of the reasons for the increase or decrease in the planned total annual water consumption and the relevant documentary evidences. 

　　Article 11   Before construction begins on a construction project, the construction unit shall apply for the plan of water consumption for construction. 

　　The following materials shall be provided to apply for the water use plan for construction: 

　　(1) The application form of the water use plan for construction; 

　　(2) Legal certificates such as the plan of the construction project, the construction permit, etc. 

　　(3) The measures and plans for saving and draining the water for construction. 

　　Article 12   The municipal department of water affairs is responsible for the examination, approval and management of the water use plan of the key unit user whose planned total annual water consumption is more than 50,000 cubic meters; the district department of water affairs is responsible for the examination, approval and management of the water use plan of the key unit user whose planned total annual water consumption is between 30,000 and 50,000 cubic meters as well as the filing and management of the water use plan of the ordinary unit user whose planned total annual water consumption is less than 30,000 cubic meters. 

　　Article 13   Where the planned annual water consumption for construction is more than 30,000 cubic meters, the municipal department of water affairs is responsible for the examination, approval and management; where the planned annual water consumption is less than 30,000 cubic meters, the district department of water affairs is responsible for the filing and management. 

　　Article 14   The unit user shall determine the planned monthly water consumption by itself according to the planned total annual water consumption and file the plan at the department of water affairs. 

　　Article 15   The planned total annual water consumption of the unit user is determined by the rational water consumption level coefficient, the average rate of increase in water consumption and the average actual total annual water consumption of the past three years which are calculated according to the water balance test. 

　　Where the unit user has data for more than three years: the planned total annual water consumption of the unit user = the rational water consumption level coefficient × (1 + the average rate of increase in water consumption of the past three years) × the average actual total water consumption of the past three years. 

　　Where the unit user has data for more than two years: the planned total annual water consumption of the unit user = the rational water consumption level coefficient × (1 + the average rate of increase in water consumption of the past two years) × the average actual total water consumption of the past two years. 

　　Where the unit user has data for more than one year: the planned total annual water consumption of the unit user = the rational water consumption level coefficient × the actual total water consumption of the previous year. 

　　Where the application for examination and approval of the water use plan is made for the first time or the period of actual water consumption is less than one year, the planned total water consumption shall be examined and approved according to the designed total annual water consumption. 

　　Article 16   Where the unit user applies to adjust the planned total annual water consumption, the department of water affairs shall make an adjustment according to the increase or decrease in products (operations), the quota of water consumption for the industry or the unit water consumption determined by the water balance test: the increase in the planned total annual water consumption of the unit user = the increase in products (operations) × the quota of water consumption for the industry or the unit water consumption determined by the water balance test. 

　　Where the planned total annual water consumption is not changed and only the planned monthly water consumption is adjusted, the unit user shall file the plan at the department of water affairs. 

　　Article 17   The department of water affairs shall examine, approve or file the application materials for the water use plan within 15 working days after accepting them; if the department of water affairs fails to examine, approve or file the application materials within the time limit, it shall be deemed that they have been examined, approved or filed. 

　　Where the water use plan is adjusted, the department of water affairs shall examine, approve or file the application materials within 5 working days after accepting them. 

　　Where the unit user proposes a hearing in the application for the water use plan, the relevant units may organize a hearing and make decisions according to the circumstances of the hearing. 

　　After the department of water affairs examines, approves or files the water use plan, it shall inform the unit user and the water supply enterprise immediately. 

　　Article 18   Where the original planned total annual water consumption of less than 30,000 cubic meters is adjusted to 30,000 cubic meters or more, the procedures of the first application to examine and approve the water use plan shall be carried out. 

　　Article 19   The adjusted water use plan shall come into force in the second month after it is examined, approved or filed again. 

　　Article 20   Where the unit user fails to apply for the water use plan, the department of water affairs shall inform the unit user in writing to apply for the water use plan with a time limit; where the unit user fails to make an application within the time limit, the department of water affairs may determine the water use plan directly and inform the unit user and the water supply enterprise according to the provisions of Article 13 of the Regulations of the Shenzhen Municipality on Water Saving. 

　　Article 21   After the water use plan is examined, approved or filed, the planned total annual water consumption, the planned monthly water consumption and the nature of water consumption shall not be changed without authorization. 

　　Article 22   The key unit user that meets the national standards of the water saving units shall file the water use plan of the next year to the municipal department of water affairs according to the actual requirements, and the key unit user whose planned annual water consumption is between 30,000 and 50,000 cubic meters shall send copies of the documents filed to the district department of water affairs. 

　　Article 23   Where the water right has been obtained according to the law, the amount of underground water taken or the amount of water taken from surface water that may be used as source of drinking water shall be included in the water use plan of the unit user. 

　　Article 24   The district department of water affairs shall send the water use plan of the unit user examined, approved or filed by it to the municipal department of water affairs in time. 

　　The municipal department of water affairs is responsible for collecting the water use plans of all unit users in the city and sending the water use plans of unit users to the relevant water supply enterprises in time according to the regions of water supply. 

　　Where the municipal department of water affairs finds that the water use plan of the unit user sent by the district department of water affairs is illegal or inappropriate, it shall order the district department of water affairs to make corrections within a time limit; where the district department of water affairs fails to make corrections within the time limit, the municipal department of water affairs may apply to the Municipal Government or the relevant supervisory organs to hold the relevant responsible persons accountable for the legal liabilities according to the law. 

　　Article 25   The water supply enterprise shall handle by law the water supply procedures and provide water supply services for unit users according to the water use plans. Where the procedures of water supply for construction or regular water supply are handled for a new construction, expansion or reconstruction project, the water supply enterprise shall send the information about the handling of water supply procedures for the unit user to the municipal department of water affairs after the month when the meter is read. 

 The water supply enterprise shall read the meter of a user on a fixed date and send data such as the reading of the meter and user information to the municipal department of water affairs every month. 

Chapter 3   Supervision and Management 

　　Article 26   The department of water affairs shall strengthen the guidance, coordination, supervision and examination of water use plans, reduce the consumption of water resources, promote the recycling of water resources and improve the benefits of water consumption. 

　　Article 27   The department of water affairs shall strengthen the management of water use plans according to the requirements of developing circular economy, and guide the industry, landscaping and greening, environmental sanitation, ecological landscape and car wash sectors to use unconventional water resources. 

　　Article 28   Rainwater, treated waste water or recycled water shall be used for landscaping and greening, environmental sanitation and ecological landscapes, and the water-using unit shall build supporting facilities to collect and utilize rainwater and recycled water and reduce the planned water consumption year by year; the municipal parks and ecological landscapes that have the conditions for utilizing rainwater, treated waste water or recycled water shall give priority to the use thereof; urban water may be used only when rainwater, treated waste water or recycled water is not enough. 

　　Article 29   The recycled water, treated waste water, rainwater, seawater or water taken from other sources of surface water not fit for drinking, which are used by the unit user, shall not be included in the water use plan and shall be exempt from the waste water treatment fees. 

　　Article 30   Where the water consumption of the unit user is above the planned water consumption, a warning will be given or the price of the water used in excess of the planned amount will be increased: 

　　(1) Where the planned monthly water consumption is exceeded by less than 10% (including 10%), the department of water affairs shall give it a warning; 

　　(2) Where the planned monthly water consumption is exceeded by more than 10% and less than 20% (including 20%), the price shall be twice the basic water price; 

　　(3) Where the planned monthly water consumption is exceeded by more than 20% and less than 30% (including 30%), the price shall be 3 times the basic water price; 

　　(4) Where the planned monthly water consumption is exceeded by more than 30% and less than 40% (including 40%), the price shall be 4 times the basic water price; 

　　(5) Where the planned monthly water consumption is exceeded by more than 40% and less than 50% (including 50%), the price shall be 5 times the basic water price; 

　　(6) Where the planned monthly water consumption is exceeded by more than 50%, the price shall be 6 times the basic water price. 

　　Article 31   Where the water consumption of the unit user exceeds the planned monthly water consumption by more than 50%, the department of water affairs shall urge and guide the unit user to look for the reason why the planned amount is exceeded and help improve the water saving plans and measures; where the planned amount is exceeded not because of the fault or waste of the unit user, the department of water affairs shall examine whether the water use plan is scientific and rational, and change the water use plan of the unit user in time. 

　　Article 32   The standards for increasing the price of domestic water used by residents in excess of the quota on a household basis are as follow: 

　　(1) Where the monthly water consumption exceeds the quota by 22 to 30 cubic meters (including 22 and 30 cubic meters), the price shall be 1.5 times the basic water price; 

　　(2) Where the monthly water consumption exceeds the quota by more than 30 cubic meters, the price shall be twice the basic water price. 

　　The standards for increasing the price of domestic water used by residents in excess of the quota on a collective household basis are as follow: 

　　(1) Where the monthly water consumption exceeds the quota by 5 to 7 cubic meters (including 5 and 7 cubic meters), the price shall be 1.5 times the basic water price; 

　　(2) Where the monthly water consumption exceeds the quota by more than 7 cubic meters, the price shall be twice the basic water price. 

　　The municipal department of water affairs shall formulate the relevant adjustment measures on increasing the water consumption quota for residential households consisting of more than 4 actual residents. 

　　Article 33   The municipal department of water affairs shall evaluate the standards for increasing the price of water used in excess of the planned amount and quota provided in these Measures according to the conditions of water resources and water consumption in the whole city every year; if the standards need to be adjusted, the adjustment shall be implemented after the approval of the Municipal Government. 

　　Article 34   The funds generated by increasing the price of water used in excess of the planned amount and quota shall be used for special purposes, and the water supply enterprise may be subsidized appropriately for promoting water saving work according to the provisions of the Regulations of the Shenzhen Municipality on Water Saving. The measures on the management of the funds generated by increasing the price shall be formulated by the municipal financial department together with the municipal department of water affairs. 

　　The plans on the use of the funds generated by increasing the price of water used in excess of the planned amount and quota shall be put forward by the municipal water saving management institutions according to the requirements of the water saving work of the whole city, submitted to the municipal department of water affairs and the municipal financial department for examination and approval, and supervised and examined by the auditing department; those that fall into the category of fixed asset investment projects shall be handled according to the relevant government provisions on investment projects. 

　　Article 35   The bill of water fees issued by the water supply enterprise shall contain the basic information of water consumption such as the nature of water consumption, basic water fee, water fee collected based on the progressive increase in the price, the planned monthly water consumption, the actual monthly water consumption, and etc. 

　　The water consumption of the unit user of a different nature shall be measured by another meter and the fees shall be collected separately. If it is not measured separately, the proportion of the water consumption of a different nature shall be determined according to the actual results of the water balance test. 

　　Article 36   If a unit user or resident user thinks that the fees collected based on the increase in the price are not correct, the user may file a written report to the department of water affairs according to the jurisdiction over the management of planned water consumption within 60 days after receiving the notice of the collection of fees based on the increase in the price and provide the relevant certifications. The department of water affairs shall verify them within 15 days after the date of acceptance. If it is the case, the financial department shall refund money to all users in the first quarter next year; if it is not the case, a reply shall be given within 15 days after the date of acceptance. 

　　Article 37   When normal water supply cannot be guaranteed because of the shortage of water resources, the municipal department of water affairs may put forward orders and plans on restricted water consumption including reduction of the planned water consumption of the unit user, adjustment of the standards for increasing the price and the water consumption quota and other measures, and promulgate them after obtaining the approval of the Municipal Government; when the order on restricted water consumption expires, the original state shall be restored immediately. 

     Article 38   The departments of water affairs, municipal water saving management institutions and water supply enterprises shall establish and improve the system for keeping secret the user information and shall keep confidential the user information such as user number, the planned monthly water consumption, the nature of water consumption, the unit water consumption, the name and telephone number of the contact person, etc. They shall neither disclose such information without authorization, nor buy or sell the information or use the information for any purpose other than legal duties. 

Chapter 4   Legal Liabilities 

　　Article 39   The personnel of the department of water affairs who abuse their power, practice favoritism and neglect their duties shall be held accountable for the administrative responsibilities by their unit or the supervision department according to the law; if they are suspected of committing crimes, they shall be handed over to the judicial authorities according to the law. 

　　Article 40   Where the departments of water affairs, municipal water saving management institutions and water supply enterprises fail to fulfill their duty to keep secret the user information, the main person in charge and directly responsible person shall be held accountable for the liabilities; if they are suspected of committing crimes, they shall be handed over to the judicial authorities according to the law. 

　　Article 41   Where a unit user violates the provisions of Article 29 of the Regulations of the Shenzhen Municipality on Water Saving and refuses to make corrections, the department of water affairs shall reduce its planned water consumption in time according to the results of the water balance test or the results of effective measurement. 

　　Article 42   Where a unit user fraudulently obtains the water use plan with false materials, the department of water affairs shall cancel its water use plan. 

　　Article 43   Where a water supply enterprise supplies water to a unit user that fails to apply for the water use plan, it shall be deemed as supplying water without authorization and be punished according to the Regulations of the Shenzhen Municipality on Water Saving, except otherwise provided by laws, regulations and rules. 

　　Where a unit user fails to pay the water fee collected on the basis of the increase in the price according to the provisions, it shall be dealt with under the provisions related to failure to pay water fees on time. 

     Article 44   Where a unit user has objections to the specific administrative actions related to planned water consumption, it may apply for administrative review or file an administrative lawsuit according to the law. 

Chapter 5   Supplementary Provision