Measures for the Supervision and Control of Sewage Outlets on Rivers (2015 Amendment)

Measures for the Supervision and Control of Sewage Outlets on Rivers (2015 Amendment) Measures for the Supervision and Control of Sewage Outlets on Rivers (Promulgated by Order No. 22 of the Ministry of Water Resources on November 30, 2004; and amended in accordance with the Decision of the Ministry of Water Resources on Repealing and Amending Some Rules on December 16, 2015) Article 1 These Measures are formulated in accordance with the Water Law of the People's Republic of China , Flood Control Law of the People's Republic of China , Regulations on the Management of River Courses and other relevant laws and regulations for the purposes of strengthening the supervision and control of the sewage outlets on rivers, protecting water resources, guaranteeing the flood control and the safety of the flood control facilities and promoting the sustainable uses of water resources. Article 2 These Measures shall apply to the construction, reconstruction and extension of sewage outlets on rivers and lakes (including waters such as canals, irrigation ditches and reservoirs, the same below) and the supervision and control of the uses of sewage outlets. The “sewage outlets” as mentioned in the preceding paragraph include outlets for sewage discharge into rivers or lakes directly or through a ditch, canal, pipe or other similar facilities, which shall hereinafter be collectively called sewage outlets on rivers. The “construction” means the initial construction or use of a sewage outlet on a river and the use of an outlet that had no capacity of sewage discharges or was abandoned. The “reconstruction” means any major change in the location of an existing outlet or in the manner in which sewage is discharged. The “extension” means an increase of the discharge capacity of an existing outlet. The construction, reconstruction and extension of sewage outlets on rivers shall hereinafter be collectively referred to as the setting-up of sewage outlets on rivers. Article 3 The setting-up of all sewage outlets on rivers must conform to the requirements of the water function divisions, of the planning for water resources protection and the planning for flood control. Article 4 The administrative department for water resources under the State Council shall be in charge of the organization of and guidance over the supervision over and control of sewage outlets on rivers throughout the whole country. The administrative departments for water resources and the river basin administrative organs of the local people's governments at and above the county level shall conduct supervision over and control of the setting-up and use of sewage outlets on rivers in accordance with their respective authority limits as provided for in these Measures. The administrative departments for water resources and the river basin administrative organs of the local people's governments at and above the county level may delegate the administrative department for water resources of the people's governments at a lower level or an entity subordinated thereto to conduct daily supervision over and control of the sewage outlets on rivers under their respective jurisdictions. Article 5 In the case of a construction project that is subject to the examination formalities under the river course administration, the setting-up of a sewage outlet on a river shall be subject to the examination and approval of the administrative department for water resources and the river basin administrative organ of the local people's government at or above the county level pursuant to the authority divisions in the administration of construction projects under the river course administration. In the case of a construction project that is not subject to the examination formalities under the river course administration, the setting-up of a sewage outlet on a river shall be subject to the examination and approval of the administrative department for water resources of the people's government at the county level at the place where such outlet is to be located, provided that: (1) the setting-up of an outlet to be located in a river course (section of a river) or lake under the direct administration of a river basin administrative organ shall be subject to the examination and approval of this organ; (2) the setting-up of an outlet for which approval formalities for water taking are required shall be subject to the examination and approval of the administrative department for water resources and the river basin administrative organ of the local people's governments at or above the county level pursuant to the authority divisions in the administrative licensing for water taking; and (3) the setting-up of an outlet for which no approval formalities for water taking are required but an environmental impact report (form) is required shall be subject to the examination and approval of the administrative department for water resources at the same level of the environmental protection department that is responsible for the examination and approval of the environmental impact report (form). If the environmental impact report (form) shall be subject to the examination and approval of the administrative department for environmental protection under the State Council, the setting-up of the outlet shall be subject to the examination and approval of the administrative organ for the river basin where the outlet is to be located,. Article 6 The entity that intends to set up a sewage outlet on a river (hereinafter referred to as the “discharging entity”) shall apply for the setting-up of the outlet to the competent administrative department for water resources or the river basin administrative organ of the local people's government at or above the county level before submitting an environmental impact report (form) to the administrative department for environmental protection. In the case of a construction project for which the examination formalities for a construction project under the river course administration or approval formalities for water taking are required, the discharging entity shall, in accordance with the relevant specific provisions, submit an application for the setting-up of a sewage outlet on a r......