Procedures for the Administration of the Drinking Water Source Protection Buffer Area in Shanghai

(December 26, 2018)

SMPG D [2018] No.25

Article 1(Purpose and Basis)

With a view to strengthening the protection of drinking water sources and regulating the management of drinking water source protection buffer areas, these Procedures is formulated according to the Law of the People's Republic of China on Water Pollution Prevention and Control, the Water Law of the People's Republic of China, the Regulations on the Protection of Drinking Water Sources in Shanghai, the Provisions on Water Resources Management in Shanghai and other laws and regulations.

Article 2 (Setting Principles)

Exercise the management of water source protection areas hierarchically and finely, making overall consideration of  the status quo of drinking water source protection in this Municipality according to the characteristics of the tides and catchments of the river network in this Municipality. Set up a drinking water source protection buffer area (hereinafter referred to as “buffer area”) outside the primary and secondary protection zones of drinking water source and quasi-water source protection zone delineated according to the national technical specifications, to further ensure the quality and safety  of drinking water source of this Municipality.

Article 3(Departmental Responsibilities)

The municipal ecological environment department is responsible for the unified supervision and management of the buffer area environmental protection in the Municipality. The district ecological environment department is responsible for the supervision and management of the buffer area environmental protection within its jurisdiction.

The transportation and maritime departments are responsible for the supervision and management of the pollution prevention and control of wharf and ships in the buffer area according to their respective duties.

Development and reform, economic informatization, public security, housing and urban construction administration, planning and resources, water affairs, agriculture and rural areas, greening and city appearance, market supervision, urban management law enforcement, emergency response and other departments shall do a good job in buffer area environmental protection according to their respective duties and functions.

Article 4(Government Responsibility)

The municipal, district people’s governments, sub-districts and towns are responsible for the environmental quality of the buffer area within their respective administrative areas. The sub-districts and towns shall, under the guidance of relevant departments such as the district's ecological environment, planning and resources, and economic informationization, bring the environmental protection work of the buffer area within their respective jurisdictions into the grid supervision, and establish environmental problem discovery, reporting and disposal mechanisms to assist the optimization adjustment of regional industrial structure and layout.

Article 5(Obligations of Enterprises and Institutions)

Enterprises, institutions and other producers and operators in the buffer area shall abide by environmental protection laws and regulations, prevent water pollution and ecological damage, perform pollution monitoring and reporting obligations, and bear responsibility for the damage caused. Key pollutant discharge units shall proactively disclose environmental information according to law.

Article 6(Demarcation Procedure of Buffer Area)

The delineation and adjustment of the buffer area shall be proposed by the municipal ecological environment department in conjunction with the municipal development and reform, water affairs, planning and resources, economic informationization, transportation, agricultural and rural sectors and other departments, and relevant district people’s governments on the basis of organizing experts' scientific verification, and shall be published and implemented after obtaining approval from the municipal government.

Article 7 (Ecological Compensation Policy)

This Municipality’s drinking water source protection ecological compensation system applies to the buffer area. The municipal and district people’s governments shall include the buffer area in the transfer payment range in the process of financial transfer payment for ecological compensation of drinking water sources. The compensation standard can be implemented according to a certain proportion of the drinking water source quasi-protection zone.

Article 8(Total Discharge Control)

The municipal ecological environment department shall, according to the needs of the protection of drinking water sources in this Municipality, formulate the total discharge requirements and discharge standards for buffer area water pollutants in this Municipality.

Article 9(Buffer Area Industry Access Requirements)

It is forbidden to build or expand new construction projects involving class-I pollutants, electroplating, metal smelting and rolling, chemical industry (except for simple mixing or sub-assembly) and other construction projects with serious pollution to water bodies. New construction, expansion or other construction projects shall not increase the total discharge of regional water pollutants.

Reconstruction projects shall not increase the discharge of water pollutants.

Exercise the negative list management for construction project access, and make dynamical adjustment thereof according to actual conditions.

Article 10(Prevention and Control of Solid Waste Pollution in Buffer Area)

It is forbidden to discharge or dump solid waste such as hazardous waste, general industrial solid waste, domestic garbage, construction waste, and toxic and hazardous materials into water bodies.

Article 11(Control of Solid Waste Facilities in Buffer Area)

It is forbidden to set up centralized storage and disposal facilities for hazardous waste, general industrial solid waste, domestic garbage and construction waste.

The establishment of transfer facilities for construction waste and resource utilization enterprises and domestic garbage shall conform to the planning layout and environmental protection requirements. The departments of housing urban and rural construction management, greening and city appearance and ecological environment shall strengthen management.

Article 12 (Prevention and Control of Buffer Area Agricultural Pollution)

It is forbidden to set up a new large-scale livestock and poultry farm; those engaged in agricultural cultivation shall reasonably use chemical fertilizers and pesticides, gradually reduce the amount of use and prevent pollution of water bodies; the breeding entity or individual engaged in bait farming shall regulate the feeding and use of drugs to prevent pollution of water body.

Article 13(Prevention and Control of Dock and Ship Pollution)

Except for the installation of petrol and gas stations that meet the planning and environmental requirements, it is forbidden to build, rebuild or expand dangerous goods loading docks in the buffer area. In the docks in the buffer area, the port operating entity shall take measures such as taking sewage into pipe and preventing cargo from falling into water.

No ships carrying dangerous chemicals prohibited by the State and hazardous wastes (excluding waste mineral oil) shall be navigable within the waters of the buffer area.

It is forbidden to discharge pollutants such as ship washing water, domestic sewage and garbage in the buffer area water body.

Article 14(Water Quality Monitoring and Management)

The municipal and district ecological environment and water departments shall strengthen the monitoring of the water quality of the water bodies in the buffer area and bring it into the existing water quality monitoring information system; if abnormal conditions are found, they shall promptly report to the government at the same level and take effective measures to prevent pollution of drinking water source.

Article 15(Environmental Protection Law Enforcement)

The municipal and district ecological and environmental departments shall strengthen the supervision and inspection of pollutant discharges in the buffer area. If any illegal discharge is found, the discharger, entity or individual, shall be ordered to stop the discharge of pollutants; for refusal to stop the discharge, the municipal or district ecological environment department may report to the government at the same level for approval to take measures to stop production or shut down according to law, and the relevant water, power and gas supply entities shall cooperate.

The pollutants that no person can be held responsible for shall be cleaned up by the relevant department organized by the local district people’s government.

Article 16 (Environmental Management of Industrial Parks)

The industrial park management agency in the buffer area shall strictly comply with the environmental standards for industry access, do a good job in the environmental infrastructure planning of the park, and auxiliary construction of environmental infrastructure such as sewage collection and treatment, establish the operation and maintenance system of the environmental infrastructure, and ensure its normal operation.

Article 17(Prevention and Control of Soil and Groundwater Pollution)

Gas station operators and other key pollutant discharge entities in the buffer area shall strictly carry out soil and groundwater risk prevention work in accordance with the relevant laws and regulations.

Article 18(Emergency Disposal of Pollution Accidents)

The municipal and district authorities shall organize the preparation of emergency plans for buffer area pollution accidents.

If a sudden incident occurs in a certain unit, causing or being likely to cause a serious water pollution accident in the buffer area, emergency measures shall be taken  and report submitted to the municipal or district ecological environment department or emergency linkage agency. The municipal and district ecological environment and other departments shall, according to the situation, promptly start the corresponding pollution accident contingency plan.

Article 19(Interview)

In any of the following circumstances, the municipal ecological environment department shall, along with the relevant administrative department, interview the chief person in charge of the district people’s government, and the interview matters shall be disclosed to the public:

1. failing to complete the environmental quality improvement target of the buffer area;

2. failing to complete the major pollution control tasks in the buffer area;

3. having a serious environmental pollution accident in the buffer area or inadequate handling of an ecological damage event; or

4. other circumstances under which interviews should be conducted according to law.

Article 20(Departmental Accountability)

If a department concerned or its staff violates the provisions of these Procedures and has one of the following acts, the corresponding agency or the competent department at the higher level shall give administrative sanctions; if a crime is constituted, the criminal responsibility shall be investigated according to law:

1. failure to make investigation after discovering an illegal act or receiving a report on an illegal act;

2. failure to perform supervisory and management duties in accordance with the provisions of these Procedures; or

3. other acts of neglect of duty, abuse of power, and malpractice.

Article 21(Executive Date)

These Procedures shall be effective as of March 1, 2019 and be valid until February 29, 2024.