Announcement of the Fuxin Municipal Bureau of Justice on Public Solicitation of Opinions on the “Regulations on the Protection of Xihe Rivers in Fuxin City (Revised Draft)” (Draft for Comment)
Date: 2023-08-11 Views: 45 Source: Editor-in-Chief of Fuxin Judicial Bureau: Liu Dongmei Text Size: Large, Medium, Small
In order to further enhance the openness and transparency of legislation and improve the quality of legislation, the full text of the “Regulations on the Protection of Xihe Rivers in Fuxin City (Revised Draft)” (Draft for Comment) is now publicly released to solicit opinions from all walks of life. Relevant units and people from all walks of life are welcome to submit revisions to the draft for comments before September 10, 2023. Opinions from relevant units and people from all walks of life can be mailed to Fuxin Judicial Bureau by letter or email.
1. Correspondence address: No. 9, Yuxin Road, Xihe District, Fuxin City (Room 306, Legislative Section, Fuxin Judicial Bureau, postal code: 123000, marked on the envelope “Solicitation for Regulations on Protection of Xihe River, Fuxin City”).
2. E-mail: [email protected].
Fuxin Judicial Bureau
August 11, 2023
Fuxin City Xihe Protection Regulations (Revised Draft)
(Draft for comments)
Chapter 1 General Provisions
Chapter II Planning
Chapter III Source Area Protection and Ecological Restoration
Chapter IV Conservation and Intensive Utilization of Water Resources
Chapter V Coastline Protection and Management of Water Areas
Chapter VI Pollution Prevention and Control
Chapter VII Promoting High-Quality Development
Chapter VIII Legal Responsibilities
Chapter IX Supplementary Provisions
Chapter 1 General Provisions
Article 1[Legislative purpose]In order to strengthen the protection of the ecological environment of the Xihe River Basin, promote the conservation and intensive use of water resources, build a water ecological civilization, promote high-quality development, and realize the harmonious coexistence between man and nature, according to the “Water Law of the People’s Republic of China” and “China The Water Pollution Prevention and Control Law of the People’s Republic of China and other laws and regulations are formulated in light of the actual situation of this Municipality.
Article 2[Scope of Application]These regulations apply to various activities such as ecological protection and high-quality development of the Xihe River Basin within the administrative area of this city;
The Xihe Basin referred to in these Regulations refers to the Fuxin Mongolian Autonomous County, Haizhou District, Xihe District, Taiping District, Xinqiu District, and Qinghemen District involved in the catchment area of the main stream, tributaries and lakes (reservoirs) of the Xihe River The relevant townships and street administrative areas.
Article 3[Basic principles]The ecological protection and high-quality development of the Xihe Basin should adhere to the principles of ecological priority, green development, scientific planning, systematic governance, prevention first, and combination of prevention and control.
Article 4[Government Responsibilities]The Municipal People’s Government shall establish an overall coordination mechanism for the ecological protection and high-quality development of the Xihe River Basin to coordinate, guide and supervise the implementation of relevant important tasks.
The people’s governments of counties (including districts, the same below) are responsible for the ecological protection and high-quality development of the Xihe River Basin in their administrative regions.
Article 5[Department Responsibilities]Relevant departments of the city and county people’s governments are responsible for the ecological protection and high-quality development of the Xihe River Basin in accordance with the division of responsibilities.
Competent departments of water administration, ecological environment, development and reform, housing and urban-rural development, natural resources, agriculture and rural areas, cultural tourism, radio and television, emergency management, forestry and grassland, transportation, finance, public security, health and other departments shall, according to their respective responsibilities, do a good job Conservative and intensive use of water resources in the Xihe Basin, flood control and drought relief, soil and water conservation, water environment quality and pollutant discharge, ecological protection and restoration, natural resource investigation, monitoring and evaluation, biodiversity protection, cultural heritage protection and other related work.
Article 6[River Chief System]The river chief system shall be implemented for the protection of small rivers. The chief river chief, the river chief and the river chief system office shall perform their duties according to law.
Article 7[Fund Guarantee]The municipal and county people’s governments shall include the funds for the protection of the Xihe Basin into the financial budget at the same level, and implement earmarked funds for exclusive use.
Encourage and support social capital to participate in the governance, protection, development and utilization of Xihe Basin.
Article 8[Xihe Protection Day]Every June 26th is the Xihe Protection Day.
Any unit or individual has the obligation to protect the Xihe River, and to complain and report to the city and county River Chief Office and relevant departments about the problems found.
The news media should adopt various forms to carry out publicity reports on the ecological protection and high-quality development of the Xihe Basin, and conduct public opinion supervision on illegal activities in accordance with the law.
Article 9[Propaganda and Education]People’s governments at all levels and their relevant departments should strengthen publicity and education on ecological protection and high-quality development in the Xihe River Basin, improve urban and rural residents’ understanding of the ecological environment and resource endowment in the Xihe River Basin, and support and guide the public to form Green and low-carbon lifestyle.
Chapter II Planning
Article 10[Development Planning]The municipal and county people’s governments shall incorporate the ecological protection and high-quality development of the Xihe River Basin into the national economic and social development planning and annual plan.
Article 11[National land and space planning]The municipal natural resources competent department shall prepare the land and space planning in accordance with the water resource conditions and flood control requirements of the Xihe River Basin, and make scientific and orderly arrangements for agricultural, ecological, urban and other functional spaces in the Xihe River Basin.
Article 12[Water Basin Comprehensive Planning and Special Planning]The municipal water administrative department shall, in conjunction with the ecological environment, natural resources, development and reform, housing and urban-rural construction, finance and other competent departments and the county people’s government, formulate a comprehensive plan for the Xihe River Basin, and report it to the city It shall be implemented after the approval of the people’s government, and shall be reported to the water administrative department at the next higher level for record.
The competent departments of municipal water administration, housing and urban-rural development, ecological environment, natural resources, agriculture and rural areas, etc. organize and formulate plans for flood control, urban water supply and drainage, river course management, water source protection, water pollution prevention and control, forest land protection, and livestock and poultry breeding pollution prevention and control according to their respective responsibilities. When planning special projects such as rural garbage disposal and other related projects, overall consideration should be given to the ecological protection of small river basins to meet basic functional requirements such as flood control and drainage, water storage and diversion, ecological protection, and beautification of the environment.
Chapter III Source Area Protection and Ecological Restoration
Article 13[Xihe Water Conservation Area]Municipal and county people’s governments shall organize and delineate the Xihe water conservation area at the source of the Xihe River and its main tributaries, implement strict management and protection of forest land and grassland in the water conservation area, and establish water and soil loss prevention measures. And the supervision and management mechanism, responsible for the key protection of the Xihe water conservation area.
Article 14[Control Measures]It is prohibited to engage in activities that may cause soil erosion, such as soil extraction, sand digging, and stone quarrying, in the Xihe water conservation area. Site selection and route selection for production and construction projects should avoid the Xihe water conservation area.
Article 15[Conservation Tillage]Support and encourage the people’s governments of counties and townships in the Xihe River Basin to implement comprehensive management of sloping farmland, rationally adjust the specifications of furrows, and implement conservation tillage.
The people’s government at the county level shall delineate the range of steep slopes above 25 degrees that are prohibited from reclamation in the water conservation area of the Xihe River, and announce it to the public.
Article 16[Ecological Restoration]Municipal and county people’s governments should strengthen the construction of slope and erosion ditch treatment projects in the Xihe water conservation area, and adopt preventive protection and ecological restoration such as tree planting, grass planting, water storage, sand retention, and soil conservation. and comprehensive management measures.
Chapter IV Conservation and Intensive Utilization of Water Resources
Article 17[Principles of Water Resources Development and Utilization]The development and utilization of water resources in the Xihe River Basin shall comply with relevant plans, give priority to water conservation, implement unified allocation, follow total volume control, and coordinate local water and external transfer, conventional water and unconventional water. Water, dynamically adjusted according to changes in water conditions.
Article 18[Ecological water replenishment]The Municipal People’s Government shall establish an ecological water replenishment mechanism for the Xihe River, coordinate the implementation of water volume regulation, and ensure the ecological flow of the Xihe River.
Article 19[Groundwater Management]The municipal and county people’s governments shall establish a groundwater protection mechanism in the Xihe River Basin, and take measures such as controlling mining volume and preventing pollution to maintain a reasonable level of groundwater and protect the quality of groundwater.
For groundwater over-exploitation areas or areas where the total amount of water intake has reached the control index, it is prohibited to increase the water intake index for this area, and the water intake will be gradually reduced.
In the area covered by the urban public water supply pipe network in the Xihe River Basin, no new groundwater intake projects shall be built, unless otherwise stipulated by relevant laws and regulations.
Article 20[Water-saving metering facilities]Approved water-drawing units or individuals shall install water-drawing metering facilities as required, strictly implement the planned water use, and accept the supervision and management of the water administrative department.
Article 21[Water Conservation and Intensive Use]People’s governments at all levels should strengthen the construction of a water-saving society, implement agricultural, industrial, and urban and rural water-saving technological transformation, and improve water use efficiency.
Article 22[Agricultural Water Saving]Encourage and support the county and township people’s governments in the Xihe River Basin to promote agricultural water-saving measures, promote the integration of water and fertilizer, sprinkler irrigation, drip irrigation and other agricultural water-saving technologies, and improve the efficiency of water resource utilization.
Encourage and support the construction and transformation of water-saving facilities in large-scale farms, and implement water-saving livestock and poultry breeding methods.
Article 23[Industrial Water Conservation]The municipal and county people’s governments shall support the existing enterprises and industrial parks in the Xihe River Basin to carry out the construction or transformation of water-saving and recycling facilities, and promote the connection and quality of water used by enterprises, so that one water can be used for multiple purposes and recycling.
Newly established enterprises and parks should consider the construction of drainage, water treatment and water recycling facilities in the planning and layout, and promote the integration and optimization of water systems among enterprises.
Article 24[Utilization of Reclaimed Water]Municipal and county people’s governments shall establish and improve the incentive mechanism for the use of reclaimed water sources, and encourage construction, urban greening, road cleaning, vehicle washing, toilet flushing, industrial production, ornamental landscapes, wetlands, etc. Use recycled water.
Chapter V Coastline Protection and Management of Water Areas
Article 25[Scope of River Course Management]Municipal and county people’s governments shall organize and delineate the scope of water course management within the Xihe Basin according to law, and set up boundary markers, identification boards or bulletin boards.
The people’s governments of cities and counties shall announce the management scope of water courses within the delineated Xihe Basin according to law. The management scope of undemarcated river courses shall be determined in accordance with relevant laws, regulations and technical specifications.
Article 26[Flood Control, Flood Control and Drought Relief]The Municipal People’s Government shall coordinate urban flood control and drainage work, strengthen the construction and management of urban flood control and drainage facilities, improve the monitoring and early warning mechanism of urban flood disasters, improve the urban disaster prevention and mitigation system, and improve the quality of urban flood disasters. Defense and coping capabilities.
The municipal and county people’s governments should implement the requirements of the pre-plan for flood control and drought relief in the Xihe River Basin, and adhere to the principles of unified command, hierarchical responsibility, and territorial management.
Article 27[Separation of Rain and Sewage]In the area covered by the urban pipe network in the small river basin, the separation of rain and sewage shall be gradually realized. When building, expanding or rebuilding projects, a rainwater and sewage diversion drainage system should be constructed.
Article 28[Shoreline Management and Protection]Municipal and county people’s governments shall strengthen the management and protection of the shorelines of Xihe Basin. Plan the urban construction space along the banks of the Xihe River Basin in accordance with the law, strengthen the construction, renovation and maintenance of infrastructure such as roads, street lights, pipes, and cables on both sides of the river, and build a water-friendly ecological coastline according to local conditions.
Article 29[River Management]The water administrative departments of the people’s governments of cities and counties shall, according to local conditions, take measures such as river clearing, dredging, bank slope improvement, embankment reinforcement, water conservation and soil conservation, river and lake management and protection, etc. Enhance the ability of rivers and reservoirs to defend against floods.
The municipal and county water administrative departments shall, in conjunction with the housing and urban-rural development administrative departments, create green landscapes and public service facilities on both sides of the river in the urban section of the Xihe River Basin.
Article 30[Management of river-related construction]Construction projects within the river management scope of the Xihe Basin shall be implemented in accordance with the approval opinions of the water administrative department; the water administrative department shall participate in the project completion inspection and acceptance. If it is temporarily occupied, it shall be promptly restored to its original state after the period of occupation expires.
If the construction project occupies or damages the small river and its main tributaries and related facilities, the construction unit shall repair, reinforce, and build other equivalent replacement projects; other losses or increased operating, maintenance, and management costs caused by the above actions shall be paid for. compensation fee.
Article 31[Inspection and cleaning]Municipal and county people’s governments shall establish a small river inspection and cleaning mechanism to inspect river siltation, encroachment, and water and soil conservation; clean up and harmlessly treat river floating objects, river garbage, and harmful algae.
Article 32[Prohibited Behaviors]The following behaviors are prohibited in the scenic area of the urban section of the Xihe River Basin:
(1) Raising animals without permission;
(2) washing items, swimming, etc.;
(3) releasing species that damage aquatic ecosystems;
(4) Behaviors that destroy the landscape along the river, such as trampling on the lawn, picking flowers and breaking branches, damaging public facilities, etc.;
(5) Other acts prohibited by laws and regulations.
Article 33[Prohibited Behaviors]Within the scope of river channel management in the Xihe Basin, the following acts are prohibited:
(1) reclamation of rivers or construction of dikes, water-blocking channels, and water-blocking roads;
(2) Land reclamation and wasteland burning;
(3) Stacking items;
(4) Dumping, stacking, and disposing of solid waste or discharging liquid waste or waste water that pollutes water bodies;
(5) planting forest trees and high-stalk crops that hinder flood discharge in the flood discharge channel;
(6) Covering, altering, destroying, or moving boundary markers, signboards or bulletin boards without authorization;
(7) Occupying and damaging water conservancy projects, embankments, revetments and other related facilities; damaging flood control, hydrological and water quality monitoring facilities;
(8) Other acts prescribed by laws and regulations.
Chapter VI Pollution Prevention and Control
Article 34[Compensation for Exceeding Standards]The pollution compensation fee withholding system shall be implemented in Xihe Basin. The municipal competent department of ecology and environment shall regularly monitor the water quality of the cross-county cross-section of the Xihe River and publish the monitoring results. The municipal competent department of ecology and environment and the competent financial department shall, according to the relevant assessment methods, withhold compensation for counties whose monitoring results exceed the assessment targets.
The people’s government of the county where the section exceeds the standard shall take the initiative to take measures to rectify and restore the section to meet the standard. For those who have not completed the treatment within the time limit, the municipal competent department of ecology and environment shall, in conjunction with relevant departments, interview the main person in charge of the county people’s government, and the competent department of ecology and environment with approval power shall suspend the review and approval of new key water pollutant discharge total construction projects. Impact Assessment Documentation.
Article 35[Setting of Sewage Outlets]Enterprises, public institutions and other producers and operators who newly set up sewage outlets along the main and tributary streams of the Xihe River shall obtain the consent of the water administrative department and report to the competent department of ecological environment for approval or registration .
Encourage zero discharge of wastewater from industrial enterprises and improve the recycling rate of water resources.
Article 36[Key Pollutant Discharging Units]The municipal competent department of ecology and environment shall establish a directory of key pollutant discharging units in Xihe River, implement dynamic management, and announce it to the public. The key pollutant discharge units included in the list shall install and use automatic monitoring equipment for water pollutant discharge in accordance with the law, and be connected to the monitoring equipment of the competent department of ecological environment.
Article 37[Sewage Treatment Plant Operation and Maintenance]The operation unit of the sewage treatment plant is responsible for the quality of the effluent from the sewage treatment plant, regularly conducts inspections of the quality and quantity of the influent and effluent water, regularly discloses information such as operation and maintenance and pollutant discharge to the public, and must not discharge excessive water. Standard sewage.
Sewage treatment plants should reasonably set up accident storage facilities and environmental emergency measures that match the ability to resist risks. If abnormal water inflow is found, which may cause damage to the sewage treatment system and effluent exceeds the standard, the emergency plan should be activated immediately, and the ecological system should be reported to the ecology as soon as possible. Reports from environmental authorities and urban drainage authorities.
Sewage treatment plants shall properly dispose of the generated sludge in accordance with the law to prevent secondary pollution.
Article 38[Rural Pollution Prevention and Control]People’s governments at all levels and their relevant departments shall strengthen rural waste management in the Xihe River Basin to prevent pollution of the Xihe River and water bodies.
People’s governments at all levels should give priority to the promotion of ecological agriculture, guide agricultural producers to apply chemical fertilizers and pesticides in a scientific and rational manner, and prevent non-point source pollution.
The municipal and county people’s governments shall designate areas where breeding is prohibited in the Xihe River Basin and announce it to the public.
Article 39[Prevention and Control of Groundwater Pollution]The county people’s government and the management committee of the industrial agglomeration area shall carry out inspections of waste landfills along rivers and lakes, gas stations, oil storage depots, mines, tailing ponds, hazardous waste disposal sites, Chemical industry parks and chemical projects and other key groundwater pollution sources and surrounding groundwater environmental risks and hidden dangers organize investigations and assessments, and take risk prevention and remediation measures.
Chapter VII Promoting High-Quality Development
Article 40[Promote high-quality development]The municipal people’s government should adhere to the new development concept, accelerate the green transformation of the development mode, optimize and adjust the regional economy and productivity layout on the premise of ecological protection, and promote the ecological protection and high-quality development of the Xihe Basin.
The industrial structure and layout of Xihe Basin should be compatible with the ecological system and resource and environmental carrying capacity of Xihe Basin.
Article 41[Coordinating and promoting high-quality development and rural revitalization]The municipal and county people’s governments and their relevant departments shall coordinate the implementation of ecological protection and high-quality development strategies and rural revitalization strategies in the Xihe River Basin, and coordinate urban and rural infrastructure construction and rural revitalization. Industrial development, improving the living environment in urban and rural areas, improving the basic public service system, and promoting the integrated development of urban and rural areas.
Article 42[Ecological Protection Culture]The municipal and county people’s governments shall create an atmosphere of ecological protection culture in the Xihe River Basin, and provide high-quality public cultural services through the construction of themed cultural and sports parks and cultural corridors along the river, so as to enrich the spiritual and cultural life of urban and rural residents. .
Article 43[Integrated utilization of culture and tourism]People’s governments at or above the county level in the Xihe River Basin, their cultural and tourism authorities, and relevant units can make overall plans to use cultural heritage relics, museums, memorial halls, exhibition halls, temples, water landscapes, and water projects. and other resources, build a Xihe cultural tourism belt or a characteristic tourist destination, and promote the deep integration and high-quality development of cultural industries, agriculture, tourism, water conservancy, and service industries.
Tourism activities in the Xihe River Basin should meet the requirements of Xihe flood control and river course and lake (reservoir) management, and avoid damaging the ecological environment and cultural heritage.
Chapter VIII Legal Responsibilities
Article 44[Legal Responsibilities]Violations of the provisions of these regulations shall be punished by the competent departments of water administration, ecological environment, housing and urban-rural development, natural resources, agriculture and rural areas in accordance with their respective duties and in accordance with relevant laws and regulations.
Article 45[Responsibilities of Public Officials]Public officials who violate the provisions of these Regulations by abusing their powers, neglecting their duties, engaging in malpractices for personal gain shall be given governmental sanctions by the relevant authorities according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter IX Supplementary Provisions
Article 46[Enforcement Date]These Regulations shall come into force on *year*month*day.
2023-08-11 16:39:09
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