Regulations on the Protection of Drinking Water Sources for the South-to-North Water Diversion in Henan Province
(Adopted at the 6th Session of the 13th People's Congress of Henan Province on January 8, 2022, and Announced by the Presidium of the 6th Session of the 13th People's Congress of Henan Province on January 8, 2022, effective as of March 1, 2022)
Chapter I General Provisions
Article 1 These Regulations are formulated on the basis of relevant laws and administrative regulations and in the light of the actual conditions of this Province, in order to strengthen the protection of drinking water sources for the South-to-North Water Diversion Project, to ensure the sustainable delivery of clean water to the north, and to promote high-quality economic and social development.
Article 2 These Regulations shall apply to activities such as the protection, management and guarantee of drinking water sources for the South-to-North Water Diversion project within the administrative region of this Province.
The scope of protection of drinking water sources for the South-to-North Water Diversion Project includes the Drinking Water Source Protection Area under the Henan Jurisdiction of the Danjiangkou Reservoir, the Protected Area along the Water Transmission Route, the Catchment Area and other areas that need to be protected.
Where there are no provisions in these Regulations, and relevant laws or regulations already have provisions, those provisions shall apply.
Article 3 The protection of drinking water sources for the South-to-North Water Diversion shall implement Xi Jinping Thought on Ecological Civilization, implement the strictest ecological environmental protection system, adhere to the principles of government leadership, overall planning, territorial management, regional coordination, and systematic governance, and ensure water quality safety, project safety, and water supply safety.
Article 4 The protection of drinking water sources for the South-to-North Water Diversion shall properly handle the relationship between protection and development, restoration and utilization, adhere to the concept of green development, follow the principle of development in protection and protection in development, and coordinate the relationship between water source protection, economic development and people's livelihood security.
Article 5 The Provincial People's Government shall strengthen leadership over the protection of drinking water sources for the South-to-North Water Diversion Project, organize the preparation of a plan for the protection of drinking water sources for the South-to-North Water Diversion Project, establish a coordination mechanism for the protection of drinking water sources for the South-to-North Water Diversion Project, increase investment in the protection of drinking water sources for the South-to-North Water Diversion Project, and promote the coordinated development of the protection of drinking water sources for the South-to-North Water Diversion project with economic construction and people's livelihood security.
The people's governments of districted cities and counties (cities, districts) shall do a good job in the specific work of protecting drinking water sources for the South-to-North Water Diversion within their respective administrative areas.
Township and town people's governments and subdistrict offices shall, within the scope of their duties, do a good job in protecting drinking water sources for the South-to-North Water Diversion Project.
Article 6 The competent departments for ecology and environment of the people's governments of provinces and districted cities shall carry out unified supervision and management of ecological protection and pollution prevention and control within the scope of protection of drinking water sources for the South-to-North Water Diversion Project.
The competent water administrative departments of the people's governments at or above the county level shall, in accordance with their management authority, be responsible for the dispatch of water volume, operation management, and project safety of drinking water for the South-to-North Water Diversion Project。
Relevant departments of people's governments at or above the county level for development and reform, industry and informatization, public security, civil affairs, natural resources, housing and urban-rural construction, transportation, agriculture and rural areas, emergency management, urban management, rural revitalization, forestry, and other relevant departments of the people's governments at or above the county level shall, in accordance with their respective duties, jointly do a good job in protecting the drinking water sources of the South-to-North Water Diversion Project.
Article 7 The Provincial People's Government shall strengthen contacts and communication with relevant provinces and the Yangtze River Basin management agencies, ecological and environmental regulatory agencies, and management institutions for the South-to-North Water Diversion Project, and coordinate and promote the protection of drinking water sources for the South-to-North Water Diversion Project in this province.
Article 8: People's governments at all levels, relevant departments, and news media shall strengthen publicity and education on the protection of drinking water sources for the South-to-North Water Diversion Project, popularize relevant knowledge, enhance awareness of protection, and create a good atmosphere of caring for the drinking water sources of the South-to-North Water Diversion Project.
Article 9 Any unit or individual has the right to report to the relevant departments any conduct that obstructs or destroys the drinking water source of the South-to-North Water Diversion Project. After relevant departments receive a report, they shall promptly investigate and handle it.
People's governments at the county level or above shall give commendations and awards in accordance with relevant provisions to units and individuals that have made remarkable achievements in the protection of drinking water sources for the South-to-North Water Diversion Project.
Chapter II: Protection of Water Sources
Article 10 The development and reform department of the Provincial People's Government shall, together with the departments of ecological environment, natural resources, water administration and other departments, prepare a plan for the protection of drinking water sources for the South-to-North Water Diversion in Henan Province, and report it to the Provincial People's Government for approval and promulgation for implementation.
Article 11 The Drinking Water Source Protection Zone under the jurisdiction of The Danjiangkou Reservoir in Henan is divided into first-level protected areas and second-level protected areas, and certain areas are demarcated as quasi-protected areas. The specific scope shall be delimited and announced by the Provincial People's Government and the Yangtze River Basin Management Agency.
The drinking water source protection area of the main trunk canal and its diversion and storage projects along the water transmission line is divided into first-level protected areas and second-level protection areas; when necessary, the regulation and storage projects may designate certain areas as quasi-protected areas. The specific scope shall be demarcated and announced by the provincial people's government.
Article 12: The people's governments of districted cities and counties (cities and districts) shall, in accordance with the requirements of the provincial people's governments, establish clear geographical boundary markers and conspicuous warning signs at the boundaries of protected areas for drinking water sources.
No unit or individual may damage, alter, or move geographical boundary markers and warning signs without authorization.
Article 13 The water quality of the first-level protected area for drinking water sources under the jurisdiction of the Danjiangkou Reservoir in Henan shall be subject to the Class II standards prescribed by the State; the water quality of the second-level protected area shall be subject to the Class III standards prescribed by the State.
In addition to meeting the provisions of the preceding paragraph, the water quality of the drinking water source protection area under the jurisdiction of the Henan jurisdiction of the Danjiangkou Reservoir must ensure that the water quality flowing into the first-level protection area meets the water quality standards of the first-level protection area; the water quality of the quasi-protected area flowing into the second-level protection area shall ensure that it meets the water quality standard requirements of the second-level protection area.
Article 14 The water quality in the main trunk canals along the water transmission line shall meet the Class II standards prescribed by the State.
The water quality of the first-level protected area of the main trunk canal diversion and storage project along the water transmission line shall meet the class II standards stipulated by the state; the water quality of the second-level protected areas shall meet the class III standards stipulated by the state.
Article 15 Within the scope of protection of drinking water sources for the South-to-North Water Diversion Project, the following acts are prohibited:
(1) Discharging oils, acids, lyes or highly toxic waste liquids into water bodies;
(2) Cleaning vehicles and containers containing oil or toxic pollutants in water bodies;
(3) Dumping hazardous wastes, industrial solid wastes, domestic garbage, construction waste, feces and other wastes into water bodies;
(4) Using highly toxic and high residue pesticides;
(e) The use of explosives, poisons and electrocution to kill fish and other organisms;
(6) Destroying water source conservation forests and vegetation related to water source protection;
(7) Other conduct prohibited by laws or regulations.
Article 16: In quasi-protected areas for drinking water sources, in addition to the conduct prohibited by article 15, the following conduct shall also be prohibited:
(1) Constructing or expanding construction projects that seriously pollute water bodies; reconstruction and construction projects to increase the amount of pollutant discharge;
(2) Setting up temporary storage and transfer stations for chemical raw materials, hazardous wastes and soluble, toxic and hazardous wastes;
(c) Damming, seine seine and cage culture;
(4) Other conduct prohibited by laws or regulations.
Article 17: In secondary protection zones for drinking water sources, in addition to the conduct prohibited in quasi-protected areas, the following conduct shall also be prohibited:
(1) Set up sewage outlets;
(2) Newly-built, reconstructed, or expanded construction projects discharging pollutants;
(3) exploitation of mineral resources;
(4) Newly laid pipelines for transporting toxic and harmful substances;
(5) Construction of livestock and poultry breeding farms;
(6) Using pesticides, discarding pesticides, pesticide packaging, or cleaning and application equipment;
(g) the construction of graves;
(8) Discarding or burying animal carcasses and other wastes containing pathogens;
(9) Using means of transport that do not meet the anti-fouling conditions prescribed by the State to transport oil, feces and other toxic and harmful substances;
(10) Release, swimming, fishing;
(11) Other conduct prohibited by laws or regulations. Completed construction projects that discharge pollutants shall be dismantled or closed by people's governments at or above the county level in accordance with law.
Article 18 Ships and vehicles that are prohibited from transporting hazardous chemicals shall pass through the secondary protection zone for drinking water sources; for vehicles transporting hazardous chemicals that really need to pass, effective safety protection measures shall be adopted and reported to the public security organs for relevant formalities in accordance with law.
Where tourism activities are carried out in the secondary protection zone for drinking water sources, measures shall be taken in accordance with provisions to prevent pollution of water bodies.
Article 19: In first-level protected areas for drinking water sources, in addition to the conduct prohibited in second-level protection zones, the following conduct shall also be prohibited:
(1) New construction, reconstruction, or expansion of construction projects unrelated to water supply facilities and the protection of water sources;
(2) docking ships unrelated to the protection of water sources;
(3) the use of chemical fertilizers;
(4) Engaging in tourism or other activities that pollute drinking water bodies.
Completed construction projects unrelated to water supply facilities and water source protection shall be dismantled or closed by people's governments at or above the county level in accordance with law.
Article 20: People's governments at the county level or above shall set up traffic warning signs and protective fences for roads and bridges that cross protected areas for drinking water sources, and construct necessary emergency protective facilities such as interception ditches and sedimentation ponds.
The relevant departments of people's governments at the county level or above shall strengthen routine management of the above-mentioned protective facilities to ensure normal operation.
Article 21: People's governments at the county level or above in protected areas along water transmission lines shall organize the construction of ecological treatment projects in areas along the South-to-North Water Diversion Project, employing measures such as intercepting sewage ditches to intercept non-point source pollution in land areas。
Chapter III: Engineering Protection
Article 22 The South-to-North Water Diversion Project shall include the Danjiangkou Reservoir Project, the Main Trunk Canal Project and its diversion and storage projects。
The South-to-North Water Diversion Project is a major national strategic infrastructure. People's governments at or above the county level shall do a good job in protecting the safety of engineering facilities.
Article 23 The South-to-North Water Diversion Project shall delineate the scope of management and protection in accordance with law and publish it。
Article 24 The project management unit shall be responsible for the management of the scope of management of the South-to-North Water Diversion Project。 The scope of protection of the South-to-North Water Diversion Project shall be managed by the people's governments at or above the county level where they are located.
Article 25 The management unit of the South-to-North Water Diversion Project shall establish and improve the responsibility system for safe production, allocate necessary personnel and equipment, strengthen the monitoring, inspection, maintenance and maintenance of the facilities of the South-to-North Water Diversion Project, and ensure the safe operation of the project.
The management unit of the South-to-North Water Diversion Project shall set up corresponding safety warning signs in the necessary areas within the scope of project management.
Article 26 No unit or individual may encroach on the land within the scope of management of the South-to-North Water Diversion Project, and shall not change the use of the land; without the consent of the management unit of the South-to-North Water Diversion Project, they shall not enter the scope of project management for the establishment of safety isolation facilities.
Article 27 The relevant departments of people's governments at the county level or above shall, in accordance with their duties and division of labor, strengthen the protection of projects and promptly investigate and deal with illegal acts.
The relevant departments of people's governments at or above the county level shall set up signs such as limit weight, axle weight, speed, height, and width at the entrance of the intersection bridge, and adopt corresponding engineering precautionary measures.
It is forbidden to carry out blasting, drilling, mining, soil extraction, quarrying, sand mining, drilling, drilling, building houses, building graves, digging ponds, digging ditches, etc., that affect the operation of the project, endanger the safety of the project and the safety of water supply within the scope of protection of the South-to-North Water Diversion Project.
Article 28 Within the scope of protection of the South-to-North Water Diversion Project, the construction of bridges, wharves, roads, ferries, pipelines, cables, water intake, drainage and other engineering facilities shall comply with flood prevention standards, shoreline planning and other technical requirements, and shall not endanger the safety and normal operation of the facilities of the South-to-North Water Diversion Project.
The construction units, property rights units or user units of the engineering facilities provided for in the preceding paragraph shall conduct routine inspections and maintenance of the facilities to ensure their normal operation, and if they are found to endanger the safety and normal operation of the facilities of the South-to-North Water Diversion Project, they shall promptly carry out rectification and rectification to eliminate potential safety hazards.
Article 29 The following acts endangering the facilities of the South-to-North Water Diversion Project are prohibited:
(1) Encroaching on or destroying water transmission channels (pipelines, rivers), embankments, and revetments;
(2) Planting deep-rooted plants on the ground above underground water pipelines or embankments, or building water storage facilities such as fish ponds, or piling up excess items;
(3) Encroaching upon, destroying, or using or operating special transmission lines, special communication lines, gates, and other such facilities without authorization;
(4) Encroaching on or destroying transportation, communications, hydrological and water quality monitoring, and other facilities;
(5) Moving, covering, altering, or destroying markers;
(6) Other conduct prohibited by laws or regulations.
Article 30 In an emergency situation, if the management unit of the South-to-North Water Diversion Project needs to take soil to occupy land or use relevant facilities for the emergency repair of the project, the relevant units and individuals shall cooperate. After the emergency repair is completed, the management unit of the South-to-North Water Diversion Project shall restore the original state; if the losses are caused, they shall be compensated in accordance with law.
Article 31 The management units of the South-to-North Water Diversion Project and the people's governments at or above the county level shall strengthen the construction of follow-up projects for the South-to-North Water Diversion Project, solve problems such as project safety, flood prevention and drainage, and people's livelihood guarantees, and ensure the high-quality development of follow-up projects.
The provincial people's government shall promote the high-quality development of the follow-up project of the South-to-North Water Diversion Project, accelerate the construction of the diversion and storage project, and consolidate and improve the ability to guarantee water supply.
Chapter IV: Ecological Protection
Article 32: The Provincial People's Government shall, on the basis of the ecological environmental protection objectives and pollution prevention and control requirements for the scope of protection of drinking water sources for the South-to-North Water Diversion Project, prepare special plans for ecological environmental protection, and improve the system of ecological and environmental standards.
Article 33 Within the scope of protection of drinking water sources for the South-to-North Water Diversion Project, a stricter management system for sewage discharge permits shall be implemented。
Enterprises, public institutions, and other production operators discharging water pollutants shall strictly implement the discharge standards for water pollutants, build supporting treatment facilities appropriate to their discharges, and ensure normal operation.
Article 34: People's governments at the county level or above shall perform their responsibilities for territorial governance and supervision, with the goal of meeting the standards of water quality stability, carry out comprehensive linkage management throughout the process, employ systematic governance measures such as source control, pollution interception, and river control, to improve the quality of the ecological environment.
Article 35: People's governments at the county level or above shall, in accordance with the requirements for the protection of drinking water sources, persist in the integrated protection and systematic management of grass and sand in landscapes, forests, fields, lakes, and lakes, strengthen the capacity for water conservation, maintain stable water quality to meet standards, and ensure good ecological functions.
Article 36: People's governments at all levels shall strengthen the construction of water conservation forests within the scope of protection of drinking water sources for the South-to-North Water Diversion Project, make overall plans to promote soil erosion control, and effectively enhance ecological conservation and protective functions.
The people's government at the county level where the Danjiangkou reservoir area is located may, on the basis of actual needs, set up no-grazing areas and no-grazing periods.
Article 37: People's governments at the county level or above shall adopt measures to scientifically control rocky desertification, employing a variety of measures such as afforestation, restoration of degraded forests, and closure of mountains for afforestation, to improve the ecological environment in karst areas, conserve water sources, and protect water quality.
The provincial people's government shall provide financial support for the control of rocky desertification.
Article 38: People's governments at the county level or above shall strengthen ecological restoration and supervision of the fading areas of the Danjiangkou reservoir area, return farmland to forests and grasslands in accordance with local conditions, prohibit the use of pesticides and chemical fertilizers, and ensure the good ecological functions of the fading areas.
Article 39: People's governments at or above the county level where catchment areas are located shall systematically carry out comprehensive management of small watersheds, planning and implementing projects such as interception of sewage along rivers, purification of river water quality, rectification of sewage outlets, construction of constructed wetlands, garbage cleanup, ecological slope protection along rivers (lakes), and cleaning up of polluted sediment, to ensure water quality safety.
Article 40 People's governments at or above the county level in protected areas along water transmission routes shall strengthen the construction of ecological corridors on both sides of the main trunk canal and the prevention and control of pollution in accordance with local conditions, so as to ensure the safety of water quality.
Reservoir management units shall do a good job in garbage cleaning, salvage of floating debris on the water surface, etc., comprehensively treat the reservoir water environment system, and enhance and improve the self-purification function of the water ecosystem.
Article 41 People's governments at or above the county level shall strengthen the management of the exploitation of mineral resources, promote the management and restoration of the ecological environment of mines, carry out comprehensive rectification of tailings reservoirs and abandoned mines, strengthen the monitoring of surface water and groundwater characteristics around tailings reservoirs and abandoned mines, and reduce the risk of sudden pollution in water source areas.
Mining enterprises shall bear the main responsibility for the restoration of mine governance, and manage the ecological environment damaged by the exploitation of mineral resources in accordance with law. Where the entity responsible for enterprise governance is lost or is unknown, the people's government of the territory shall organize the restoration of governance in accordance with law.
Encourage enterprises, social groups or individuals to carry out scientific and market-oriented governance and restoration of closed or abandoned mines in accordance with law.
Article 42 The people's governments of districted cities and counties (cities and districts) shall accelerate the adjustment, transformation and upgrading of the industrial structure, and implement the industrial access system in accordance with law. It is forbidden to build new restricted projects in the National Industrial Structure Adjustment Guidance Catalogue and the Negative List of Industrial Access in The National Key Ecological Function Zones of this Province.
Eliminated projects included in the National Industrial Structure Adjustment Guidance Catalogue and prohibited projects on the negative list of industrial access in the province's national key ecological function zones shall be closed.
Enterprises that fail to build pollution treatment facilities in accordance with national regulations or that still cannot meet the emission standards after rectification shall be closed down in accordance with law.
Article 43 People's governments at or above the county level in catchment areas shall strengthen the construction of sewage pipe networks and treatment facilities, and ensure their normal operation, so as to ensure that urban sewage discharge meets standards. Where it has not been treated or the emission standards are not met after treatment, it shall not be discharged.
Article 44: People's governments at all levels within the scope of protected areas for drinking water sources shall scientifically and reasonably determine rural sewage treatment models in accordance with local conditions, accelerate the construction of sewage treatment facilities, and achieve full coverage of rural domestic sewage control and treatment.
Villagers' committees shall strengthen the daily management of domestic sewage collection and treatment facilities in their villages and be responsible for the normal operation of sewage treatment facilities.
Encourage and support social capital to participate in the construction, management and operation of rural sewage treatment facilities.
Article 45 People's governments at the county level or above shall, in accordance with the relevant provisions of the State and the province, establish a system for the classification of rural domestic garbage, accelerate the construction of facilities for the harmless treatment of garbage, and increase the capacity for the resource utilization and harmless treatment of rural domestic garbage.
Township and town people's governments and subdistrict offices shall strengthen the centralized transfer and disposal of domestic garbage within their jurisdictions.
Article 46 The agricultural and rural departments of the people's governments at or above the county level under the jurisdiction of the Danjiangkou Reservoir in henan jurisdictional areas, the agricultural and rural departments of the people's governments at or above the county level in the catchment areas, and other relevant departments shall adopt measures to guide agricultural producers in the scientific application of fertilizers and pesticides, control and reduce the amount of chemical fertilizers and pesticides used, reduce the content of nitrogen and phosphorus, and prevent and control non-point source pollution.
Article 47 People's governments at or above the county level in the Drinking Water Source Protection Area and the Catchment Area under the Henan Jurisdiction of the Danjiangkou Reservoir shall organize departments such as for development and reform, industry and informatization, natural resources, ecological environment, water administration, and emergency management, periodically carry out investigations and assessments of risk sources, establish one source and one file of risk sources, implement dynamic categorical management, screen for possible pollution risk factors, and employ corresponding risk prevention measures.
Enterprises and public institutions in the risk source files shall periodically carry out risk investigations and emergency drills to prevent pollutants from leaking or infiltrating into the ground.
Chapter V: Safeguard Management
Article 48 The Provincial People's Government shall increase investment in the protection of drinking water sources for the South-to-North Water Diversion Project, make overall plans for special funds for the prevention and control of water pollution, water conservancy development, and rural environmental improvement, and increase the intensity of financial transfer payments to districted cities and counties (cities, districts) in drinking water source protection areas, forming a financial input mechanism for steady growth.
The provincial people's government shall establish and improve the compensation mechanism for ecological protection, and establish a fund for the protection and development of drinking water sources for the south-to-north water diversion, which shall be used for water source protection, economic development and people's livelihood protection in water source areas. Specific measures shall be formulated by the provincial people's government.
Article 49 People's governments at the county level or above within the scope of the protection of drinking water sources for the South-to-North Water Diversion shall encourage and support financial institutions to establish a green credit service system for the protection of drinking water sources for the South-to-North Water Diversion Project, and support the construction of ecological protection projects for drinking water sources of the South-to-North Water Diversion Project through government support, investment subsidies, and other means.
Encourage and support social capital to actively participate in the construction of ecological protection projects for drinking water sources in the South-to-North Water Diversion Project.
Article 50: People's governments at all levels shall, in conjunction with the strategy of rural revitalization and new-type urbanization, support and assist farmers in drinking water source protection areas in developing green industries, so as to coordinate water source protection with farmers' income increases.
Article 51: People's governments at all levels shall include the protection of drinking water sources for the South-to-North Water Diversion Project in the overall management of the river (lake) chief system, and organize, coordinate, and supervise relevant departments in carrying out work such as water resources protection, water pollution prevention and control, water environment governance, water ecological restoration, and law enforcement and supervision of rivers and lakes.
Article 52 The Provincial People's Government shall be generally responsible for the protection of drinking water sources for the South-to-North Water Diversion Project.
The people's governments of districted cities and counties (cities, districts) within the scope of protection of drinking water sources for the South-to-North Water Diversion shall perform the following duties:
(1) Strengthen leadership over the protection of drinking water sources within their jurisdiction, establish a responsibility system, and supervise implementation;
(2) Formulate implementation plans in accordance with the plan for the protection of drinking water sources;
(3) In accordance with the special plan for ecological environmental protection, eliminate hidden dangers of water pollution incidents, and do a good job of emergency handling of sudden water pollution incidents;
(4) Other duties that shall be performed.
Article 53: The competent departments for ecology and the environment shall perform the following duties:
(1) Construct a water quality monitoring information system for drinking water sources for the South-to-North Water Diversion Project, monitor water quality in real time, carry out monitoring of new pollutants, and periodically disclose water quality monitoring information to the public;
(2) Investigate and deal with illegal acts affecting the water quality of drinking water sources for the South-to-North Water Diversion in accordance with law;
(3) Other duties that shall be performed.
The provincial department in charge of ecology and environment shall, in conjunction with the provincial water administration and emergency management departments, build an integrated monitoring and monitoring system for the protection scope of drinking water sources for the South-to-North Water Diversion Project, optimize the monitoring and control network, and improve monitoring and monitoring facilities and water environment quality monitoring and evaluation systems。
Article 54 The competent administrative department for water resources shall perform the following duties:
(1) Formulate an annual water dispatch plan and rationally allocate water resources;
(2) Do a good job in the comprehensive prevention and control of soil erosion;
(3) Strengthen the supervision and management of water-related engineering construction projects;
Article 55 The Provincial People's Government and other relevant departments of the people's governments of districted cities and counties (cities and districts) within the scope of protection of drinking water sources for the South-to-North Water Diversion Shall perform the following duties:
(1) Agricultural and rural departments shall strengthen the supervision and management of planting and aquaculture within the scope of protection of drinking water sources for the South-to-North Water Diversion Project, guide farmers in developing green agriculture and scientific application of pesticides and fertilizers, and reduce non-point source pollution;
(2) Public security organs are responsible for the management of public security within the scope of protection of drinking water sources for the South-to-North Water Diversion, the management of the passage of dangerous goods vehicles, and the investigation and handling of criminal cases of environmental pollution;
(3) The departments for natural resources shall be responsible for the examination and approval of the use of land and mineral resources within the scope of protection of drinking water sources for the South-to-North Water Diversion Project, and the examination and approval matters shall comply with the relevant provisions on the protection of drinking water sources;
(4) Housing and urban-rural construction departments shall be responsible for supervising the construction and operation of sewage and garbage collection and treatment facilities within the scope of protection of drinking water sources for the South-to-North Water Diversion Project;
(5) Forestry departments are responsible for organizing and implementing forestry ecological protection and restoration, rocky desertification control, and planning and constructing wetland nature reserves, water conservation forests, ecological corridors, etc.;
(6) The transportation department shall be responsible for the management of vehicles, ships and wharves in the protected areas for drinking water sources.
Other relevant functional departments of the government shall, in accordance with their respective duties and in accordance with law, do a good job of protecting drinking water sources.
Article 56 The management unit of the South-to-North Water Diversion Project shall perform the following duties:
(1) Responsible for water quality protection within the scope of project management;
(2) Cooperate with the competent departments for ecology and the environment to rationally deploy water quality monitoring points;
(3) Responsible for the protection and management of engineering facilities within the scope of management, establish and improve the inspection system, and conduct regular inspections;
(4) Where abnormal water quality is discovered within the scope of management, it shall be reported to the competent departments for ecology and the environment within one hour and measures shall be taken;
(5) Dissuade or stop prohibited conduct violating the provisions of these Regulations within the scope of management, and promptly report to relevant departments, providing necessary evidentiary materials;
(6) Do a good job of publicity and education on laws and regulations on the protection of drinking water sources for the South-to-North Water Diversion Project;
(7) Other duties that shall be performed.
Article 57 Comprehensive administrative law enforcement shall be carried out in the Henan jurisdiction of the Danjiangkou Reservoir, and the comprehensive law enforcement agency in the Danjiangkou Reservoir Area shall exercise administrative punishment power in accordance with law.
The Nanyang Municipal People's Government shall strengthen the law enforcement team and law enforcement capacity building, and promote comprehensive administrative law enforcement of the protection of drinking water sources for the South-to-North Water Diversion Project.
The comprehensive law enforcement agencies in the Danjiangkou reservoir area shall strengthen coordination and cooperation with the Yangtze River Basin management agencies, ecological and environmental regulatory agencies, and law enforcement agencies of neighboring provinces, and jointly promote the protection of drinking water sources for the South-to-North Water Diversion Project.
Article 58 People's governments at the county level or above shall organize the preparation of emergency response plans for sudden water pollution incidents and natural disasters in drinking water sources of the South-to-North Water Diversion Project, and periodically conduct emergency drills.
In the event of a sudden incident that causes or may cause pollution of drinking water sources for the South-to-North Water Diversion Project, the relevant units shall employ emergency measures and report to the people's government at the county level where they are located and the competent departments for ecology and environment of provinces and districted cities. People's governments at the county level or above shall initiate corresponding emergency response plans for sudden water pollution incidents of drinking water sources diverted from the south to the north.
After the occurrence of sudden water pollution incidents in drinking water sources of the South-to-North Water Diversion Project, the Provincial People's Government shall promptly issue an alert to the affected areas of the sudden water pollution incidents of the drinking water sources of the South-to-North Water Diversion Project; the relevant departments shall organize emergency water supply preparations.
Article 59 The relevant departments of the people's governments at the county level or above and the management units of the South-to-North Water Diversion Project shall establish professional emergency rescue and rescue teams, allocate emergency rescue and rescue materials, facilities and equipment, strengthen monitoring and early warning and emergency rescue and rescue drills, and ensure the safety of water quality, project safety and water supply safety of the South-to-North Water Diversion Project.
Chapter VI: Legal Liability
Article 60:Where laws or regulations already have provisions on legal liability for conduct violating the provisions of these Regulations, follow those provisions.
Where violations of the provisions of these Regulations are carried out in the Henan jurisdiction of the Danjiangkou Reservoir, the comprehensive law enforcement agency in the Danjiangkou Reservoir Area shall exercise administrative law enforcement powers; in other areas, the competent departments for ecology and environment in other areas shall exercise administrative law enforcement powers.
Article 61:Where all levels of people's government and relevant departments commit any of the following conduct, the directly responsible managers and other directly responsible personnel are to be given sanctions in accordance with law; where a crime is constituted, criminal responsibility is to be pursued in accordance with law:
(1) Failing to prepare and implement relevant plans for the protection of drinking water sources for the South-to-North Water Diversion project and their implementation plans;
(2) Discovering illegal conduct that destroys or pollutes drinking water sources, or failing to promptly investigate and handle reports of illegal conduct;
(3) Failing to follow provisions to carry out drinking water quality monitoring and formulate an emergency response plan;
(4) Where the water quality of drinking water sources in that jurisdiction does not meet standards due to dereliction of duty in supervision and management;
(5) Failing to immediately initiate an emergency response plan for emergency situations such as serious pollution of drinking water sources or threats to the safety of water supply;
(6) Failing to exchange information or take measures for water pollution incidents that cross administrative regions;
(7) Other conduct that fails to perform duties in accordance with the provisions of these Regulations.
Where the management unit of the South-to-North Water Diversion Project commits any of the above acts, it shall be handled in accordance with the provisions of the preceding paragraph。
Article 62: Where the provisions of paragraph 2 of article 12 or item 5 of article 29 of these Regulations are violated, the supervision and management department determined by the people's government at the county level or above where the area is located is to order it to stop the illegal conduct and restore the original state within a time limit; where the circumstances are serious, a fine of between 2,000 and 10,000 yuan shall be imposed.
Article 63 Whoever, in violation of the provisions of these Regulations, sets up temporary storage and transfer stations for chemical raw materials, hazardous wastes, soluble, toxic and harmful wastes, shall report to the people's government with the power of approval, order the suspension or closure of business, and shall be fined not less than 100,000 yuan but not more than 1 million yuan, and confiscate the illegal gains.
Article 64 Whoever, in violation of the provisions of these Regulations, engages in damming, purse seine and cage culture shall be ordered to be dismantled and shall be fined not less than 20,000 yuan but not more than 100,000 yuan.
Article 65 Whoever, in violation of the provisions of these Regulations, organizes swimming or fishing shall be ordered to stop the illegal conduct and shall be fined not less than 20,000 yuan but not more than 100,000 yuan;
Whoever, in violation of the provisions of these Regulations, organizes the release of the animals, shall be ordered to stop the illegal conduct and shall be fined not less than 20,000 yuan but not more than 100,000 yuan; where an individual carries out the release, he shall be ordered to stop the illegal conduct and shall be fined not less than 5,000 yuan but not more than 20,000 yuan.
Article 66 Whoever, in violation of the provisions of these Regulations, uses means of transport that do not meet the anti-fouling conditions prescribed by the State to transport oil, feces and other toxic and harmful substances, shall be fined not less than 5,000 yuan but not more than 20,000 yuan.
Article 67 Whoever violates the provisions of item 2 of the first paragraph of article 19 of these Regulations shall be ordered to drive away, and who refuses to leave shall be fined not less than 5,000 yuan but not more than 20,000 yuan.
Where the provisions of item 3 of the first paragraph of article 19 of these Regulations are violated, corrections are ordered and a fine of between 200 and 500 yuan is imposed on individuals and between 20,000 and 50,000 yuan on units.
Article 68 Where the provisions of the third paragraph of Article 27 and the first, third and fourth items of Article 29 of these Regulations are violated, the competent water administration department of the people's government at or above the county level where the locality is located shall order the illegal conduct to cease, take remedial measures, and impose a fine of between 10,000 and 50,000 yuan; where the Law on Punishment for The Administration of Public Security is violated, the public security organ shall give a public security administrative punishment in accordance with law; where a crime is constituted, criminal responsibility shall be pursued in accordance with law; and where losses are caused to others, it shall bear the liability for compensation in accordance with law。
Article 69 Whoever, in violation of the provisions of Article 38 of these Regulations, uses pesticides and fertilizers in the area of depletion shall be ordered to make corrections; if he refuses to make corrections, he shall be fined not less than 5,000 yuan but not more than 20,000 yuan.
Chapter VII Supplementary Provisions
Article 70: These Regulations take effect on March 1, 2022.
Source: Henan Environmental Resources