Procedures of Shanghai Municipality for the Administration of the Buffer Zones for Drinking Water Source Protection

Article 1 (Purpose and Basis)

With a view to strengthening the protection of drinking water sources and regulating the administration of the buffer zones for drinking water source protection, these Procedures are 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 Yangtze River Protection Law of the People's Republic of China, the Law of the People's Republic of China on Prevention and Control of Environmental Pollution by Solid Wastes, the Regulations of Shanghai Municipality on the Protection of Drinking Water Sources, the Regulations of Shanghai Municipality on Prevention and Control of Ship Pollution, the Several Provisions of Shanghai Municipality on Water Resources Administration and other relevant laws and rules.

Article 2 (Principles for Setting Buffer Zones)

In view of the current situation of the protection of drinking water source in this Municipality and according to the characteristics of the tidal and catchment areas of the river network system in this Municipality, the tiered and refined administration of water source protection zones shall be implemented. The buffer zones of drinking water sources (hereinafter referred to as "buffer zones") shall be set up outside the first, second class protection and quasi-protection zones for drinking water sources established in accordance with the national technical specifications to further ensure the quality and safety of drinking water sources in this Municipality.

Article 3 (Departmental Responsibilities)

The municipal ecological environment department is responsible for the integral supervision and management of the buffer zone environmental protection in this Municipality. The district ecological environment department is responsible for the supervision and management of the buffer zone environmental protection within its jurisdiction. The transportation and maritime departments are responsible for the supervision and management of the pollution prevention and control of wharves and ships in the buffer zones according to their respective duties.

Development and reform, economy and informatization, public security, housing and urban-rural development, planning and resources, water affairs, agriculture and rural affairs, landscaping and city appearance, market regulation, urban management and law enforcement, emergency response and other departments shall do a good job in buffer zone environmental protection according to their respective duties and functions.

Article 4 (Government Responsibility)

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

Article 5 (Obligations of Enterprises and Institutions)

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

Article 6 (Demarcation Procedure of Buffer Zones)

The demarcation and adjustment of the buffer zones shall be proposed by the municipal ecological environment department in conjunction with the municipal development and reform, water affairs, planning and resources, economy and informatization, transportation, agricultural and rural affairs, maritime affairs and other departments, and relevant district people's governments on the basis of experts' scientific verification, and shall be made known to the public and implemented after obtaining approval from the Municipal People’s Government.

Article 7 (Ecological Compensation Policy)

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

Article 8 (Administrative Requirement)

Negative list management shall be applied to the buffer zones, and the behaviors prohibited within the buffer zones shall be clarified in the form of a negative list. Behaviours not prohibited by the negative list shall be regulated by relevant laws and rules as well as other administrative provisions of this Municipality.

Article 9 (Negative List)

The following behaviors are forbidden in the buffer zones:

1. It is forbidden to embark on or expand construction projects of lead battery manufacturing, electroplating and other key industries involving key heavy metals; it is forbidden to increase the discharge of water pollutants in reconstruction projects.

2. It is forbidden to set up centralized storage, utilization and disposal facilities and sites for industrial solid waste and hazardous waste, as well as domestic garbage landfill sites.

3. It is forbidden to build, rebuild or expand dangerous goods loading and unloading docks (excluding petrol and gas stations that meet the planning and environmental requirements).

4. No ships carrying highly toxic chemicals, dangerous chemicals prohibited by the State and hazardous wastes (excluding waste mineral oil) shall be allowed to navigate within the waters. It is forbidden to discharge pollutants such as oily sewage, domestic sewage and garbage.

Article 10 (Executive Date)

These Procedures shall be effective as of March 1, 2014 and be valid until February 28, 2029.