Procedures of Shanghai Municipality on Hydrologic Administration

(January 4, 2018)

Chapter I  General Provisions

Article 1(Purposes and Basis)

With a view to strengthening this Municipality’s hydrologic administration, normalizing the work of hydrology, developing, serving water resources utilization, conservation and safeguarding as well as disaster prevention and reduction, and promoting economic and social sustainable development, these Procedures are formulated in accordance with the Regulations of the People’s Republic of China on Hydrology, and in the light of the actual circumstances of this Municipality.

Article 2 (Application Scope)

These Procedures apply to the planning and construction of hydrology networks, hydrologic monitoring and prediction, the collection, maintenance and use of hydrologic monitoring data, the survey and appraisal of water resource and the conservation activity of hydrologic facilities and hydrologic monitoring environment in the administrative areas of this Municipality.

The hydrological activities in the administrative areas of this Municipality performed by the basin management authority set up at the state-defined major rivers and lakes by the water administrative department of the State Council (hereinafter referred to as the Basin Management Authority) shall be conducted in accordance with relevant regulations of the State.

Article 3（Administrative Department）

Shanghai Water Authority (hereinafter referred to as the Municipal Water Authority) is mainly responsible for the work of hydrology in the administrative areas of this Municipality, and the Central Hydrologic Station of Shanghai Municipality (hereinafter referred to as the Municipal Central Hydrologic Station) under its jurisdiction is specifically responsible for organizing and exercising the supervisory work. The Municipal Water Authority may entrust Shanghai Municipal Water Authority Law Enforcement Brigade to impose administrative sanctions provided by laws, rules and regulations of hydrologic administration.

The water administrative departments of districts and county of the Pudong New Area, Minhang, Baoshan, Jiading, Fengxian, Songjiang, Jinshan,Qingpu and Chongming (hereinafter referred to as the related districts/county) shall, in accordance with their respective functions and duties, take responsibility for the work of hydrology in their own administrative areas, and the hydrological agency under their jurisdiction (hereinafter referred to as the related district hydrological agency) may be entrusted by the Municipal Central Hydrologic Station to exercise the specific hydrologic administration.

The municipal administrative departments of development & reform, planning, land and resources, transport and port, meteorology, and public security as well as the flood-control headquarters shall, within their respective functions and duties, cooperate in the implementation of these Procedures.

Article 4(Leadership and Guarantee)

The municipal and the related district people’s governments shall strengthen the leadership of the work on hydrology, adopt positive measures, press ahead with the modernization construction of hydrology, and guarantee the coordinated economic and social development of the hydrological undertaking. The appropriation required by the hydrological undertaking shall be brought into the financial budget and be guaranteed by the public finance at the same level.

Chapter II  Hydrological Planning and Network Construction

Article 5(Development Plan of Hydrological Undertaking)

The municipal and district people’s governments shall bring the hydrological undertaking into the plan of the national economic and social development of the same level.

The Municipal Water Authority shall, in accordance with the development plan of the national hydrological undertaking, the development plan of the river basins’ hydrological undertaking, and the national economic and social development plan of this Municipality, organize the formulation of this Municipality’s development plan of hydrological undertaking, report to the Municipal People’s Government for approval after soliciting opinions from the related administrative departments of the Municipal People’s Government, and submit the plan to the water administrative department of the State Council for the record.

The related district water administrative department shall, in accordance with this Municipality’s development plan of hydrological undertaking as well as the economic and social development requirement, organize the formulation of the development plan of hydrological undertaking in their own administrative areas, report to the people’s government of the same level for approval, and submit the plan to the Municipal Water Authority for the record.

Article 6 (Plan and Construction of Hydrologic Networks)

Unified planning is exercised in the construction of hydrologic networks. The Municipal Water Authority shall, jointly with the municipal department of development & reform, organize the formulation of this Municipality’s plan for hydrologic networks in the light of the national hydrologic network plan and this Municipality’s development plan of hydrologic undertaking and in accordance with the principle of making overall plans by taking all factors into consideration and combining the short- and long-term targets with rational layout, sharing resources and preventing duplication. The plan shall be brought into the corresponding urban and rural plan upon the comprehensive balance by the municipal planning, land and resources department and upon submission to the Municipal People’s Government for approval.

In organizing the formulation of this Municipality’s hydrologic network plan, opinions shall be solicited from the administrative departments of environmental protection, transport and port, maritime affairs, and meteorology, and examination and verification shall be made by the Basin Management Authority.

Where the hydrologic network plan needs to be regulated owing to the economic development or the change of the river, lake and reservoir, the submission thereof for approval shall be made according to the procedures provided in the preceding clause.

The construction of hydrologic networks in this Municipality under the unified planning shall be brought into the annual plan of fixed-assets investment; the Municipal Water Authority and the related district water administrative department, the Municipal Central Hydrologic Station and the related district hydrological agencies (hereinafter referred to as the hydrological agency) shall organize the implementation in accordance with the construction procedure of the State’s fixed-assets investment project.

Where water conservancy works to be constructed, renovated or enlarged need supplementary construction or renovation of a hydrologic network, the appropriation required shall be brought into the general estimate of engineering construction.

Article 7(Classification and Graduation of Hydrometric Stations)

The hydrometric station is under classified and graduated administration.

The hydrometric stations in this Municipality consist of the national basic hydrometric station and the special hydrometric station.

The national basic hydrometric stations fall into the national major and general hydrometric stations.

The Municipal Water Authority may, in the light of actual circumstances, determine the municipal-level major hydrometric station in the administrative area of this Municipality among the general hydrometric stations.

Article 8(Establishment and Adjustment of National Basic Hydrometric Stations)

The establishment and adjustment of national major hydrometric stations shall be put forward by the Municipal Water Authority in accordance with the hydrologic network plan of this Municipality, and shall be submitted to the hydrological agency directly under the water administrative department of the State Council for approval. The establishment and adjustment of general hydrometric stations shall be put forward by the Municipal Central Hydrologic Station in accordance with the hydrologic network plan of this Municipality, and shall, upon approval by the Municipal Water Authority, be submitted to the hydrological agency directly under the water administrative department of the State Council for the record.

Article 9(Establishment of Special Hydrometric Stations)

For the establishment of a special hydrometric station, approval shall be obtained from the Municipal Central Hydrologic Station in compliance with relevant regulations of the State. Where a special hydrometric station is to be established owing to the needs of such administrative management as transportation, navigation and environmental protection, approval shall be obtained from the related administrative departments, and the latter shall solicit opinions from the Municipal Central Hydrologic Station before granting approval.

Article 10(Requirements for Establishing Special Hydrometric Stations)

The following requirements shall be met for the establishment of a special hydrometric station:

1. The monitoring data of the national basic hydrometric station can’t satisfy the special requirement; and

2. The corresponding technical standards and norms of hydrologic monitoring are met.

Article 11(Special Hydrometric Station Establishment Application and Processing)

To apply for the establishment of a special hydrometric station, an application to the Municipal Central Hydrologic Station shall be made, and the following materials shall be submitted:

1. an application form; and

2. a survey report for establishing a special hydrometric station.

An application with complete materials and in conformity with the legal pattern that falls in the processing range shall be processed; in case the submitted material is insufficient or not as required, the applicant shall be notified on the spot or within three working days in one time to make the complement. If no notification is made within the prescribed time limit, the date of receiving the application material shall be taken as the acceptance date.

Article 12(Examination and Approval of the Establishment of Special Hydrometric Station)

The Municipal Central Hydrologic Station shall examine the application materials after accepting the application for establishing a special hydrometric station, and shall decide whether or not to approve the application within 15 working days from the acceptance date. Upon an approval decision, the document of approval for establishing a special hydrometric station shall be issued; upon a disapproval decision, the reason shall be given in writing to the applicant. Where the decision cannot be made within 15 working days owing to special reasons, another 10 working days may extend upon the approval of the person in charge of the Municipal Hydrologic Central Station, and the applicant shall be notified of the reason for the prolongation.

Article 13(Examination and Approval Procedures for Special Hydrometric Station of Specific Department)

Where the relevant administrative department solicits opinions from the Municipal Central Hydrologic Station for the establishment of a special hydrometric station owing to the administrative management of transportation, navigation, and environmental protection, the Municipal Central Hydrologic Station shall give advice within 10 working days from the receipt of the material.

The relevant administrative departments of transport and port, maritime affairs and environmental protection that make an approval decision on the establishment of a special hydrometric station shall send a copy to the Municipal Central Hydrologic Station within 10 working days from the date of approval.

Article 14 (Development and Operation of Special Hydrometric Stations)

The construction and operation of a special hydrometric station shall be conducted by the proprietor itself, and may also be entrusted to a hydrological agency.

Article 15 (Dismantlement of Special Hydrometric Stations)

Where a special hydrometric station is to be dismantled, a prior notice shall be given to the Municipal Central Hydrologic Station 30 days before the dismantlement, and the opinion of the Municipal Central Hydrologic Station shall be solicited. The Municipal Central Hydrologic Station that deems the said station to be in need of reservation may take it over through negotiation with its proprietor.

Chapter III  Hydrologic Monitoring and Forecast

Article 16(Contents and Requirements of Hydrologic Monitoring)

The hydrologic monitoring of this Municipality consists of monitoring, analyzing and calculating, through this Municipality’s hydrologic networks, the water level, water flow, water quality, water temperature, silt，sand and underwater topography of rivers, lakes, canals and reservoirs, and underground water resources as well as the precipitation, evaporation amount, soil moisture content, and storm tide.

Every unit and individual that engages in hydrometric activities shall observe the hydrologic technical specification of the State, and guarantee the monitoring quality, and shall not falsify the hydrometric data.

The national basic hydrometric station shall not suspend hydrologic monitoring without authorization. It shall report to the hydrological agency in a timely manner in case of being unable to conduct the monitoring activity for an objective cause. The hydrological agency shall immediately take effective measures to guarantee the monitoring activity in succession. Where the measures adopted are ineffective and the Municipal Central Hydrologic Station deems that the monitoring really needs to be suspended, an approval for the national general hydrometric station shall be obtained from the Municipal Water Authority; and as for the national major hydrometric station, upon the consent of the Municipal Water Authority, an approval shall be obtained from the hydrological agency directly under the competent water administrative department of the State Council.

Article 17(Dynamic Monitoring of Water Flow and Water Quality)

The hydrological agency shall maintain the continuity of hydrologic monitoring, strengthen the dynamic monitoring of water resources, stress the intensification of dynamic monitoring and evaluation on the water flow and quality at the water domain, the water source of urban and rural drinking water, major water intakes as well as at the outlets into the river, compile at regular intervals the monitoring report on the situation of water quality and water flow in the water domain as well as the water source of drinking water, and send a copy to the water administrative department of the people’s government of the same level.

Article 18(Emergency Monitoring and Pre-determined Plan)

The hydrological agency shall establish and perfect an emergency monitoring system for the bursting water flow variation or water pollution incidents, and compile a pre-determined plan for emergency monitoring.

Upon finding the variance of water quality that is likely to cause a contingent water pollution incident or upon finding the variance of water flow that may endanger the flood-control or water-use safety, the hydrological agency shall launch the emergency monitoring pre-determined plan, conduct tracing monitoring and investigation, and report in a timely manner the monitoring and investigation situation to the competent water administrative department of the people’s government of the same level as well as environmental protection, maritime affairs and other related administrative departments.

Article 19(Monitoring by Entrustment)

The hydrological agency may entrust to other units or individuals to undertake the hydrometric operation by means of paid services. The unit or individual that accepts the commission shall engage in the hydrometric activity in accordance with the entrustment requirement.

The entrusted project under the preceding clause that falls in the scope of government procurement shall follow relevant regulations of the State and this Municipality.

Article 20(Report of Hydrologic Information Forecast)

The related district hydrological agencies shall promptly and accurately report to the  flood-control headquarters of the municipal and district/ county people’s governments, the related district competent water administrative departments as well as the Municipal Central Hydrologic Station the hydrologic information about the real-time hydrologic features of the river, the canal, the reservoir and other water body, and shall not make incomplete, delayed or incorrect report, or hide the truth.

The hydrological agency that undertakes the task of hydrologic forecast shall in a timely manner work out the advance notice of future circumstances in accordance with hydrologic information, and report to the flood-control headquarters and the competent water administrative department of the people’s government of the same level.

The hydrometric station and hydrological agency that undertake the task of reporting the hydrologic information forecast to the hydrological agency directly under the competent water administrative department of the State Council or the Basin Management Authority shall report and submit it in accordance with relevant regulations of the State.

Where the hydrological agency needs to use the relevant hydrologic information of a special hydrometric station for working out hydrologic forecast, the proprietor of the special hydrometric station shall cooperate.

Article 21(Releasing System for Hydrologic Information Forecast)

The hydrologic information forecast of this Municipality shall be released to the public in a unified manner by the flood-control headquarters of the Municipal People’s Government, the Municipal Water Authority or the Municipal Central Hydrologic Station within the prescribed purview.

The routine forecast of hydrologic information shall be released to the public by the Municipal Central Hydrologic Station, and the corresponding warnings shall be released to the public by the Municipal Water Authority in accordance with the hydrologic forecast; the hydrologic information forecast concerning flood prevention during the flood season shall be released to the public by the flood-control headquarters of the Municipal People’s Government.

No other unit or individual shall release the hydrologic information forecast to the public.

The news media of broadcasting, TV, newspaper and the Internet shall in a timely manner broadcast and publish the hydrologic information forecast in accordance with relevant regulations of the State and the requirements for flood control and drought relief, and shall have the release agency and time indicated.

Chapter IV  Submission, Maintenance and Use of Hydrometric Data

Article 22(Collection and Submission of Hydrometric Data)

This Municipality practices a system for unified collection and submission of hydrometric data.

The Municipal Central Hydrologic Station shall take responsibility for the supervision on collection and submission of hydrometric data of this Municipality.

The related district hydrological agencies shall compile the original hydrometric data of the hydrometric station under its administration in accordance with the national hydrological technical standards, and shall submit the hydrometric data of the previous year to the Municipal Central Hydrologic Station by the end of March every year.

The proprietor of a special hydrometric station and other units that engage in hydrometric activities of surface water and underground water resources, water flow and water quality, (hereinafter referred to as other hydrometric units), shall submit their hydrometric data of the previous year by the end of March every year in accordance with the purview of data management.

Article 23(Review and Maintenance of Hydrometric Data)

The Municipal Central Hydrologic Station shall review the submitted hydrometric data, and guarantee the integrity, credibility and uniformity of the data.

The Municipal Central Hydrologic Station shall, in accordance with relevant regulations of the State, submit the compiled results made after the review to the Basin Management Authority designated by the competent water administrative department of the State Council.

The Municipal Central Hydrologic Station shall establish archives of hydrometric data, properly store and preserve the original hydrometric data and the compiled results, and adopt such effective measures as filing in different cities to guarantee the integrity and safety thereof.

Article 24(Compilation of Results）

The Municipal Central Hydrologic Station shall strengthen the analytical study of the compiled results to provide services for governmental decision-making, economic and social development and the general public.

The Municipal Central Hydrologic Station shall, in the light of the requirements of national economic and social development, make a compilation of collected results in accordance with the national hydrologic technical standards, and print it at regular intervals. If the proprietor of a special hydrometric station or other hydrometric units that submitted the hydrometric data need the compilation, the Municipal Central Hydrologic Station shall provide it for them.

Article 25(Disclosure of Hydrometric Data)

The Municipal Central Hydrologic Station shall, according to law, disclose all hydrometric data except for the material involving the state secret. The Municipal Central Hydrologic Station shall compile and publicize a public catalogue to facilitate access for the public.

Where the hydrometric data belong in the state secrets, the determination, alteration and declassification of confidentiality as well as the utilization and administration of such data shall follow relevant regulations of the State.

Article 26(Free Provision of Hydrometric Data and Results)

A state organ in need of hydrometric data and results for decision-making, disaster prevention and reduction, national defense construction, public security, environmental protection and other public-good undertakings may apply to the Municipal Central Hydrologic Station, and the latter shall make free provision thereof upon the confirmation.

Article 27(A Data Sharing System)

The Municipal Central Hydrologic Station shall strengthen exchanges with the administrative departments of environmental protection, transport and port, maritime affairs, and meteorology, establish a sharing system of hydrometric data and relevant service materials, sign a sharing agreement, and make clear the rights and duties of the participants.

Chapter V  Hydrological and Water Resource Survey and Evaluation

Article 28(Contents of Survey and Evaluation)

The survey and evaluation of hydrological and water resource in this Municipality include the professional activities of the monitoring of the water flow and water quality and other items of the ground and underground water, hydrological investigation, hydrographical survey, hydro-energy exploration, hydrological and water resource information forecast, the design and the carrying out of the system engineering of hydrological survey and report, the hydrological analysis and calculation as well as the water resource survey of ground and underground water and the evaluation of water flow and water quality.

Article 29(Requirements for Survey and Evaluation)

In carrying out hydrological and water resource survey, the basic data related to the evaluation of water resource quantity and quality, and the exploration and utilization shall be collected in accordance with relevant provisions of the State and this Municipality as well as technical standards, and through general regional survey, typical survey, temporary test and analytical estimation.

In carrying out hydrological and water resource evaluation, the quantitative calculation of the basic data of water resource survey, the analysis of the supply and demand relationship of water resource, and the forecast of its variation tendency shall be made in the principle of being objective, scientific and systematical.

Article 30(Organization of Survey and Evaluation)

The Municipal Water Authority and the related district competent water administrative departments shall, in accordance with the need of this Municipality’s economic and social development, and jointly with related departments, organize the hydrological and water resource evaluation and survey.

The related district water administrative departments shall organize the hydrological and water resource evaluation and survey in their own administrative areas; the Municipal Water Authority shall be responsible for the organization of the trans-district and citywide hydrological and water resource evaluation and survey.

The Municipal Water Authority and the related district competent water administrative departments may entrust the hydrological and water resource evaluation and survey to the unit of hydrological and water resource evaluation and survey.

Article 31 (Approval and Publicity of Results)

The Municipal Water Authority or the related district competent administrative departments shall make examination and approval jointly with the related department on the result of the hydrological and water resource evaluation and survey carried out by the agency entrusted thereto.

The Municipal Water Authority or the related district departments shall compile the examined and approved result of hydrological and water resource evaluation and survey in the water resource bulletin, and make it public at regular intervals.

Article 32(Filing Administration of Survey and Evaluation Launched by Other Units and Individuals)

A citizen, a legal person or other organization that needs to conduct an evaluation or a survey on hydrological and water resource shall entrust that to a unit of hydrological and water resource evaluation and survey.

The agency that has accepted the commission shall, after conclusion of a contract and before the formal implementation thereof, report the relevant commissioned matters to the Municipal Water Authority or the related district competent water administrative departments for the record. The Municipal Water Authority or the related district competent water administrative departments shall give administrative guidance, and strengthen the administrative supervision and control.

Chapter VI  Protection of Hydrometric Facilities and Environment

Article 33(Duty of Protection)

No unit or individual may occupy, destroy, arbitrarily remove or use hydrometric facilities, nor shall interfere with hydrologic monitoring.

Every unit and individual that finds out any act of damaging hydrometric facilities and environment are entitled to report to the competent water administrative department or the hydrological agency. The competent water administrative department and the hydrological agency that received the report shall in a timely manner make investigation and disposition, and may give proper reward to the unit or individual that made the report, which proves to be true after investigation.

Article 34(Relocation of the National Basic Hydrometric Station)

No unit or individual may relocate the national basic hydrometric station without authorization. Where the relocation is really needed owing to major engineering construction, the development unit shall, before obtaining approval of the project proposal, file an application to the Municipal Water Authority, and the latter shall grant the approval or report to the hydrological agency directly under the competent water administrative department of the State Council for approval. The expenditure required by the relocation of a hydrometric station shall be borne by the development unit.

The Municipal Central Hydrologic Station shall make an appraisal on the removal site, location, environment and function of the hydrometric station, and determine the relocation site in accordance with the appraisal result.

Where the national basic hydrometric station is relocated, the hydrological agency shall take measures to guarantee the regular hydrometric work during the period of relocation.

Article 35(Renovation of the National Basic Hydrometric Station)

Where a project that is to be constructed at the upper or lower reaches of a national basic hydrometric station affects hydrologic monitoring, the development unit shall adopt corresponding measures, and shall not carry out the construction before obtaining the consent of the competent water administrative department that has administrative authority over the station.

The hydrological agency shall report to the competent water administrative department of the same level upon finding out that the construction of a project at the upper or lower reaches of the basic national basic hydrometric station affects hydrologic monitoring. The competent water administrative department that has received the report shall order the development unit to adopt corresponding measures and re-complete relevant formalities, and guarantee the normal hydrologic monitoring during the construction period.

Where a hydrometric station is renovated owing to a construction project, the expenditure shall be borne by the development unit.

Article 36(Scope and Mark of Environmental Protection for Monitoring)

The scope of the environmental protection for hydrologic monitoring shall be in accordance with relevant regulations of the State, and be defined according to local conditions.

This Municipality’s hydrologic network planning shall make clear the scope of the environmental protection for hydrologic monitoring.

The district people’s governments shall, in accordance with this Municipality’s hydrologic network planning, define the scope of the environmental protection for hydrologic monitoring, and set up the ground marking around the boundary of protection areas; the Municipal Water Authority and the related district competent water administrative department shall carry out the specific work.

No unit or individual may, in violation of the relevant regulations of the State, engage in any activity that affects hydrologic monitoring within the scope of the environmental protection for hydrologic monitoring.

Article 37(Monitoring Protection)

Where the operation of hydrologic monitoring needs the occupation of a navigation channel or a bridge, the consent of the related administrative departments of public security, transport and port, and maritime affairs shall be obtained. Caution marks shall be set up in the hydrologic monitoring operation, the passing transport means of vehicles and vessels shall give cooperation, and the related administrative departments of public security, transport and port, and maritime affairs shall render assistance.

Chapter VII  Legal Liability

Article 38(Punishment Provided)

Where laws, rules and regulations have provided for punishment for violations of the provisions of these Procedures, such provisions shall prevail.

Article 39(Punishment for Violation of the Filing Provision)

Any entrusted unit that fails to report for the record the relevant commission in violation of the provisions of Clause 2 of Article 33 of these Procedures shall be ordered by the Municipal Water Authority or the related district competent water administrative department to make corrections within a prescribed time limit; for failure to make corrections before the deadline, a fine of not less than 5,000 yuan but not more than 30,000 yuan shall be imposed.

Chapter VIII  Supplementary Provision

Article 40 (Effective Date)

These Procedures shall be effective as of July 1, 2012.