Regulations of Shanghai Municipality on the Administration of Water Supply

(Adopted at the 28th Session of the Standing Committee of the 10th Shanghai Municipal People's Congress on June 21, 1996; amended for the first time in accordance with the Decision on

Amending the Regulations of Shanghai Municipality on the Administration of Water Supply adopted at the 7th Session of the Standing Committee of the 12th Shanghai Municipal People’s Congress on October 10, 2003; amended for the second time in accordance with the Decision on Amending the Regulations of Shanghai Municipality on the Administration of Water Supply adopted at the 28th Session of the Standing Committee of the 12th Shanghai Municipal People’s Congress on June 22, 2006; amended for the third time in accordance with the Decision on Amending Part of This Municipality’s Local Rules adopted at the 21st Session of the Standing Committee of the 13th Shanghai Municipality People’s Congress on September 17, 2010; amended for the fourth time in accordance with the Decision on Amending Part of This Municipality’s Local Rules adopted at the 42nd Session of the Standing Committee of the 14th Shanghai Municipality People’s Congress on December 28, 2017; amended for the fifth time in accordance with the Decision on Amending Nine Set of Local Rules including the Regulations of Shanghai Municipality on the Administration of Water Supply adopted at the 8th Session of the Standing Committee of the 15th Shanghai Municipal People’s Congress on December 20, 2018; amended for the sixth time in accordance with the Decision on Amending Part of This Municipality's Local Rules adopted at the 36th Session of the Standing Committee of the 15th Shanghai Municipal People’s Congress on October 28, 2021)

Chapter I  General Provisions

Article 1

With a view to strengthening the administration on water supply, protecting the legitimate rights and interests of water suppliers and water users, securing the water supply for everyday life, production activities and other needs, and helping develop water supply capacity, these Regulations are formulated in accordance with the relevant laws and the Regulations on Urban Water Supply adopted by the State Council and in the light of the actual circumstances of this Municipality.

Article 2

“Water supply” herein refers to raw water supply, public water supply, and water supply from self-constructed facilities.

Article 3

These Regulations shall apply to the supply and use of water and related administrative activities within the jurisdiction of this Municipality.

Article 4

Shanghai Municipal Water Bureau (hereinafter referred to as “SWB”) shall be this Municipality’s administrative authority over water supply, which shall be responsible for organizing and implementing these Regulations. Shanghai Municipal Water Affairs Law-enforcement Brigade (hereinafter referred to as “MWALB”) under SWB shall be responsible for the specific task of water supply supervision and inspection of this Municipality, and shall also impose administrative penalties in accordance with the provisions hereof.

The district water supply departments shall be responsible for the water supply administration within their respective areas of water supply, subject to SWB’s direction in business matters.

All relevant administrative departments of this Municipality shall render assistance and cooperation within their respective powers and duties for the implementation of these Regulations.

Article 5

The municipal and district people’s governments shall incorporate water supply undertakings into their plans for general economic and social development.

SWB shall prepare a plan for developing the water supply undertakings of this Municipality in the light of the actual needs of this Municipality’s construction and economic and social development. The plan shall be part of the general plan of this Municipality after being duly weighed and considered by the municipal planning authority.

Article 6

The water supply work of this Municipality shall follow the principles of “combining water source exploitation with water use planning and water conservation” and “securing water supply while ensuring water quality”.

Article 7

This Municipality shall adopt policies that facilitate technological advancement of water supply undertakings, encourage scientific and technological research on water supply and water conservation, promote advanced technologies, improve water quality, and raise the ratio of water recycling.

Article 8

The people’s governments at all levels and relevant departments thereof shall reward the units and individuals that have made outstanding achievements in the work of water supply and water conservation for this Municipality.

Chapter II  Water Source Administration

Article 9

The Municipal People’s Government shall organize the municipal departments in charge of urban planning, water administration, geological survey, mineral resource, and environment protection to draw up this Municipality’s plan for water source exploitation and utilization.

Article 10

In drawing-up the plan for water source exploitation and utilization, the following basic principles shall be adhered to:

1. The plan shall meet the requirements of this Municipality’s comprehensive plan for exploiting water sources and preventing water-related disasters, and cohere with the long-term plan of water supply and demand;

2. The plan shall give priority to surface water use, and strictly control and reasonably exploit groundwater; and

3. The plan shall first of all guarantee the supply of water for everyday life, while taking into consideration both the needs of industries and other production activities.

Article 11

Where surface water is used as a source of water supply, procedures shall be completed with relevant water administration authorities for obtaining a water-drawing permit; where groundwater is used as a source of water supply, procedures shall be completed with SWB for obtaining a water-drawing permit.

Article 12

Groundwater sources shall be strictly protected.

The quality of tap water for man-operated groundwater recharge shall meet the State’s hygienic standards for drinking water.

No permit for drawing groundwater shall be granted under any of the following circumstances:

1. Where surface water is available for water supply;

2. In areas of excessive groundwater exploitation;

3. Within protected areas of buildings or structures; or

4. Where groundwater is prone to be polluted.

Article 13

The municipal and district environmental protection departments shall work together with SWB and the departments of urban planning, construction, public health, etc., at the same level, in delineating, according to State standards, drinking water source protection areas at the place of water supply sources, and make such delineated areas known to the public after approval from the people’s government at the same level. In addition, they shall properly protect and manage such drinking water sources.

Chapter III  Construction of Water Supply Projects

Article 14

The construction, renovation and expansion of water supply projects shall be completed in accordance with the municipal water supply development plan and the annual construction plan.

Article 15

The project owner shall entrust the design and construction of water supply projects to design or construction units that have appropriate qualification certificates. No one shall be permitted to undertake the design and construction of water supply projects without a qualification certificate, nor shall anyone be allowed to do the same beyond the business scope specified in the qualification certificate.

The design and construction of the water supply projects shall be in conformity with relevant technical standards and specifications prescribed by the State and this Municipality.

Article 16

After completion of a water supply project, procedures of inspection & acceptance shall be completed in accordance with relevant provisions of the State.

No water supply project shall be put into use that has not been subject to such inspection & acceptance or has failed to pass the procedure.

Chapter IV Protection of Water Supply Facilities

Article 17

A safety protection area shall be delineated above and below or on both sides of any water supply facility. In such areas none of the following activities shall be permitted:

1. constructing buildings or structures;

2. digging canals and ditches, or excavating earth;

3. pile driving or jacking; or

4. other activities that may damage, or endanger the safety of, the water supply facilities.

Article 18

A safety protection area and a control area shall be delineated above and below or on both sides of raw water pipes and canals, and a permanent identification mark shall be placed for such protection area.

In such protection areas, activities are prohibited that may damage the pipes and canals, endanger the safety of water delivery, or impair the quality of raw water.

Article 19

When laying other underground pipelines above/below or by the side of water supply pipes and supporting facilities, one shall meet relevant technical standards and specifications of the State and this Municipality, and comply with relevant provisions regarding pipeline laying plans and construction project management.

Before undertaking any construction project beyond the protection area that may affect the safety of the water supply facilities, the project owner shall consult the relevant water supplier to find out relevant facts; where the construction may affect the safety of water supply facilities, the project owner shall discuss with the water supplier to determine appropriate protective measures, and, shall organize the implementation of such measures together with the construction unit.

Article 20

Without proper approval, no unit or individual shall modify, remove or dismantle facilities for raw water or public water supply.

Where it is necessary to modify, remove or dismantle such facilities for the purpose of a construction project, the project owner shall, before applying for the construction planning permit, submit the plan to SWB or the district water supply administration department for approval. Upon such approval, the project owner shall work together with construction unit and the water supplier in taking remedial measures.

Chapter V  Administration of Water Supply and Use

Article 21

The water suppliers shall implement a system which requires their employees to carry their job qualification certificates with them when performing their job duties.

Article 22

The water suppliers shall set up water quality testing offices, and shall keep a sound system of water testing to guarantee that the quality of the water they supply meets the standards specified by the State. Tap water suppliers shall ensure that the quality of the water they supply meets the hygienic standards for drinking water.

SWB, the district administrative departments of water supply, and the municipal, district public health departments shall monitor the quality of water during the whole course of public water supply within the scope of their respective powers and duties.

Article 23

The water suppliers shall set up pressure-measuring nodes at various places of the water distribution network, and do a good job of pressure measurement so as to ensure that the pressure of water they supply meets relevant standards.

SWB and the district administrative departments of water supply shall monitor the pressure of water supplied.

Article 24

The water suppliers or the owners of water supply facilities shall examine, repair, clean and sterilize water supply facilities within the scope of their respective duties so as to ensure the normal and safe operations of such facilities.

Article 25

Raw water suppliers, public water suppliers, those who supply water to others through self-constructed facilities, and owners of water supply facilities shall keep water pressure at the required level and maintain uninterrupted water supply. Unauthorized suspension of water supply is prohibited.

Where it is necessary to suspend water supply or depressurize the water supply system in an emergency because of the construction of a water supply project or repair of water supply facilities, raw water suppliers, public water suppliers, those who supply water to others through self-constructed facilities, and owners of the water supply facilities shall obtain approval from SWB or the district administrative department of water supply, and serve 24-hour prior notice on users.

Article 26

Except under extraordinary circumstances, upon receiving report of any operation failure of water supply facilities, raw water suppliers, public water suppliers, those who supply water to others through self-constructed facilities, and owners of water supply facilities shall immediately organize emergency repairs and shall get the repair done within 24 hours. Effective safety and healthcare measures shall be taken in performing such emergency repairs.

When water supply is suspended or the water supply system is depressurized in an emergency caused by a force majeure event, or when water supply facilities are under emergency repair, the relevant raw water supplier, public water supplier, those who supplies water to others through self-constructed facilities, or the owner of the water supply facilities shall notify the users while at the same time do such repair and report to SWB or the district administrative departments of water supply; in cases where no water is supplied for 24 hours on end, such supplier or owner shall take emergency water supply measures to satisfy the water demands for everyday life.

When water supply facilities are undergoing emergency repair, relevant units and individuals shall provide support and cooperation, and shall not obstruct or interfere with such emergency repair jobs.

Article 27

Except the indoor meters installed by users of public water in this Municipality, water supply distribution pipes and supporting facilities shall first be subject to and pass the inspection by the relevant public water supplier before they are put into use, and shall be placed under unified management.

Article 28

No production-use water supply network of any producer or user of poisonous or hazardous substances shall be directly connected with the public water supply network.

Article 29

The water supplier shall enter into a contract of water supply or water use with the user.

The water supplier shall install meters to measure users’ consumption of water, and shall read and take down the numbers on the meters regularly in accordance with relevant provisions.

The water supplier shall, in accordance with relevant provisions, fill out and submit the water supply statistics report to SWB or the district administrative departments of water supply.

Article 30

The price of water shall be proposed by SWB or the district administrative departments of water supply, examined and verified by the price control department of the same level, and then be submitted to the people’s government of the same level for approval.

Article 31

The user shall pay the water charges timely.

Users are prohibited from doing any of the following:

1. stealing water by installing pumps directly on the water supply network or by other methods; and

2. supplying public water to other units or individuals without proper approval.

Article 32

The firefighting water supply facilities shall be used exclusively for firefighting. When special circumstances justify the use of water from firefighting facilities, one must have the water supplier's consent and the approval of the firefighting authority under the public security department.

Article 33

This Municipality implements the policy of planned water use and water conservation.

SWB and the district administrative department of water supply shall regularly verify, determine and hand down the annual and monthly quotas granted in the water use plan, and administer monthly checks in connection therewith.

The units whose use of water exceeds their quotas shall pay a surcharge for the part in excess, in addition to paying the usual water charge therefor.

Article 34

Water supply equipment, water supply pipes and materials, and appliances for water use shall meet relevant State and industrial and local standards. The local standards shall be formulated by SWB with assistance from the municipal market supervision department.

No substandard water supply equipment, pipes and materials, or substandard appliances for water use, shall be produced or sold.

With assistance from the municipal technology supervision department, SWB shall supervise the development and use of water supply equipment, pipes and materials, and appliances for water use.

Article 35

SWB and the district administrative department of water supply shall regularly check and test the water meters installed by the water suppliers.

The water meters duly listed in the mandatory check list shall be subject to mandatory checks by a measurement assessing service whose qualification is accredited by the municipal market supervision department.

Chapter VI Legal Liabilities

Article 36

For any of the following acts committed in violation of the provisions hereof, SWB or the district administrative department of water supply shall give an order against such illegal act, and impose a fine of not less than 5,000 yuan but not more than 50,000 yuan; if such act causes losses, the liable party shall make compensations in accordance with relevant laws; the principal officer directly responsible and others having direct responsibilities shall be given sanctions by the employer or the superior administrative authority:

violating the water supply development plan or the annual construction plan；

undertaking the design or construction of water supply projects without a qualification certificate or beyond the business scope prescribed in such certificate; or

3. failing to comply with the State’s technical standards and specifications in designing or constructing water supply projects.

Article 37

For any of the following acts committed in violation of the provisions hereof, SWB or the district administrative department of water supply shall impose punishment:

1. For supplying water or recharging to the underground tap water whose quality fails to meet the standards of the State, an order for correction within the prescribed time limit shall be issued, and a fine of not less than 20,000 yuan but not more than 200,000 yuan shall be cumulatively imposed;

2. For failure to meet the requirement of water pressure, an order for correction within the prescribed time limit shall be issued, and a fine of not less than 2,000 yuan but not more than 20,000 yuan may be cumulatively imposed;

3. For failure to make the required repairs, cleaning, sterilizing or failure to organize emergency repairs within the prescribed time limit after a breakdown of the water supply facilities, an order for correction within the prescribed time limit shall be issued, and a fine of not less than 1,000 yuan but not more than 10,000 yuan shall be cumulatively imposed;

4. For failure to serve the required notice regarding water supply suspension or depressurization of the water supply system in an emergency, an order for correction within the prescribed time limit shall be issued, and a fine of not less than 3,000 yuan but not more than 30,000 yuan shall be cumulatively imposed;

5. For unauthorized suspension of water supply or failure to adopt required emergency water supply measures, an order for correction within the prescribed time limit shall be issued, and a fine of not less than 3,000 yuan but not more than 30,000 yuan shall be cumulatively imposed; or

6. For failure to install meters or to read and take down the figures thereof, an order for correction within the prescribed time limit shall be issued, and a fine of not less than 500 yuan but not more than 5000 yuan may be cumulatively imposed.

Anyone who commits any of the above acts in a serious manner may be ordered to suspend business for rectification upon the approval of the municipal or district people’s government; if the said act causes losses, the liable party shall make compensations in accordance with relevant laws; the principal officer directly responsible and others having direct responsibilities shall be given sanctions by the employer or the superior administrative authority.

Article 38

For unauthorized taking of groundwater in violation hereof, an order to stop such taking and to fill up the deep well within the prescribed time limit shall be issued by SWB. .

Article 39

SWB may entrust in writing MWALB with the job of enforcing the administrative sanctions under Article 36, 37 and 38 hereof.

Article 40

For any of the following acts committed in violation of the provisions hereof, MWALB or the district administrative department of water supply shall give an order to correct the illegal act within the prescribed time limit, and impose a fine of not less than 5,000 yuan but not more than 50,000 yuan; if such act causes losses, the liable party shall make compensations in accordance with relevant laws; the principal officer directly responsible and others having direct responsibilities shall be given sanctions by the employer or the superior administrative authority:

1. damaging water supply facilities or endangering the safety of water supply facilities;

2. failing to comply with technical standards and specifications or failing to take appropriate protective or remedial measure as required in connection with water supply facilities when undertaking a construction project;

3. using substandard water supply equipment, water supply pipes and materials and appliances for water use;

4. modifying, removing or dismantling water supply facilities without proper approval, or doing so upon approval without taking appropriate remedial measures; or

5. connecting the production-use water supply network of any producer or user of poisonous or hazardous substances directly to the public water supply network.

With respect to any of the acts described in Item 4 and 5 of this Article, if the offence is serious, the water supply to the party concerned may be suspended for a certain period upon the approval of the municipal or district people’s government.

Article 41

For any of the following acts committed in violation of the provisions hereof, MWALB or the district administrative department of water supply shall impose punishment:

1. For stealing water, an order for correction within the prescribed time limit shall be issued, full payment of water charges shall be made by the wrongdoer in arrears, and a fine of not less than five times but not more than ten times of such payment shall be cumulatively imposed on the wrongdoer.

2. For supplying water to others without proper approval, an order for correction within the prescribed time limit shall be issued, and a fine of between not less than five and not more than ten times of the charges for the water in question shall be cumulatively imposed; or

3. For obstructing or interfering with emergency repairs of water supply facilities, an order for correction shall be issued, and a fine of not less than 500 yuan but not more than 5,000 yuan shall be cumulatively imposed.

With respect to any of the acts described in Item 1 and 2 of this Article, if the offence is serious, the water supply to the party concerned may be suspended for a certain period upon the approval of the municipal or district people’s government.

Article 42

If SWB, MWALB, or the district administrative department of water supply grants approval in violation of relevant laws or makes other wrong decisions, the superior administrative authority shall issue an order for correction or vacate the approval or decision in question; if such act causes losses, compensations shall be made in accordance with relevant laws.

Article 43

For any act committed in violation hereof, in addition to the punishments specified herein, the relevant administrative department shall impose punishments in accordance with relevant laws and regulations; if what is done constitutes a crime, the wrongdoer shall be prosecuted for criminal liabilities in accordance with law.

Article 44

Any employee of the water supply administration authority who neglects his duties, abuses his powers, or commits fraud for personal gains, shall be given sanctions by his employer or the superior administrative department; if what he does constitutes a crime, he shall be prosecuted for criminal liabilities in accordance with law.

Article 45

If the party concerned refuses to accept as final the specific administrative decision by the administrative department, it may apply for administrative reconsideration or bring an administrative lawsuit in accordance with the Law of the People’s Republic of China on Administrative Reconsideration or the Administrative Litigation Law of the People’s Republic of China.

If the party concerned does not apply for administrative reconsideration or bring an administrative lawsuit within the prescribed period, nor performs the specific act ordered by an administrative authority, the authority that has ordered such specific act may apply to the people’s court for enforcement in accordance with the provisions of the Administrative Litigation Law of the People’s Republic of China.

Chapter VII Supplementary Provisions

Article46

In these Regulations, the following terms shall have the following meanings assigned to them:

1. “Water supplier” includes suppliers of raw water, public water and those who supply water to others through self-constructed water supply facilities.

2. “Raw water supply” refers to supply of water source by raw water suppliers to tap water suppliers by using raw water pipes and canals and supporting facilities.

3. “Public water supply” refers to supply of water by tap water suppliers to entities and individuals for everyday life, production and other activities, by using public water distribution pipes and supporting facilities.

4. “Water supply from self-constructed facilities” refers to supply of water by an unit to satisfy primarily its own needs of everyday life, production and other activities, by using the facilities it builds on its own. It does not include water supply from self-constructed facilities for agriculture, fishing and animal husbandry.

5. “Water supply facilities” includes tap water treatment plants, and other facilities for water supply such as water drawing locations, reservoirs, water pools, deep wells, water-drawing pipes and channels, water distribution networks, pumps, public water supply stations, water tanks on the rooftops, etc.

Article 47

The Municipal People’s Government shall formulate specific rules for protection of raw water drawing pipes and canals, water-use plan and water conservation, the implementation of water-drawing permit.

Article 48

These Regulations shall be effective as of October 1, 1996.