decree of the state council of the people’s republic of china
No.748
The Regulations on Groundwater Management, adopted at the 149th executive meeting of the State Council on September 15, 2021, is hereby promulgated and shall come into force as of December 1, 2021.
Prime Minister Li Keqiang
October 21, 2021
Regulations on groundwater management
Chapter I General Principles
Article 1 In order to strengthen groundwater management, prevent groundwater overexploitation and pollution, ensure the quality and sustainable utilization of groundwater, and promote the construction of ecological civilization, these Regulations are formulated in accordance with the Water Law of People’s Republic of China (PRC) and the Water Pollution Prevention Law of People’s Republic of China (PRC).
Article 2 These Regulations shall apply to groundwater investigation and planning, conservation and protection, over-exploitation control, pollution prevention, supervision and management.
The term "groundwater" as mentioned in these Regulations refers to the water below the surface.
Article 3 The management of groundwater adheres to the principles of overall planning, giving priority to water saving, efficient utilization and systematic management.
Article 4 The water administrative department of the State Council is responsible for the unified supervision and management of groundwater throughout the country. The competent department of ecological environment in the State Council is responsible for the supervision and management of groundwater pollution prevention and control throughout the country. The State Council natural resources and other competent departments shall do a good job in groundwater investigation, monitoring and other related work in accordance with the division of responsibilities.
Article 5 The local people’s governments at or above the county level shall be responsible for the management of groundwater within their respective administrative areas, and shall incorporate the management of groundwater into the national economic and social development plan at the corresponding level, and take measures such as controlling the exploitation amount and preventing pollution to maintain a reasonable groundwater level and protect the groundwater quality.
The water administrative departments of local people’s governments at or above the county level shall be responsible for the unified supervision and management of groundwater within their respective administrative areas in accordance with their management authority. The competent department of ecological environment of the local people’s government is responsible for the supervision and management of groundwater pollution prevention and control within its administrative area. The competent departments of natural resources of local people’s governments at or above the county level shall, in accordance with the division of responsibilities, do a good job in the investigation and monitoring of groundwater within their respective administrative areas.
Article 6 Units and individuals using groundwater shall strengthen the management of groundwater intake projects, save and protect groundwater and prevent groundwater pollution.
Article 7 the State Council implements a target responsibility system and an evaluation system for the management and protection of groundwater in provinces, autonomous regions and municipalities directly under the Central Government. The relevant departments of the State Council are responsible for the specific organization and implementation of the assessment and evaluation work in accordance with the division of responsibilities.
Article 8 Any unit or individual has the right to supervise and report acts that damage groundwater.
Units and individuals that have made outstanding contributions to the conservation, protection and management of groundwater shall be commended and rewarded in accordance with the relevant provisions of the state.
Article 9 The State strengthens publicity and education on groundwater conservation and protection, and encourages and supports the research, popularization and application of advanced groundwater science and technology.
Chapter II Investigation and Planning
Article 10 The State regularly organizes the investigation and evaluation of groundwater conditions. Investigation and evaluation of groundwater conditions include investigation and evaluation of groundwater resources, investigation and evaluation of groundwater pollution and hydrogeological exploration and evaluation.
Eleventh people’s governments at or above the county level shall organize water administration, natural resources, ecological environment and other competent departments to carry out the investigation and evaluation of groundwater conditions. The results of investigation and evaluation are an important basis for the planning of groundwater protection and utilization, pollution prevention and control, and groundwater management. The results of investigation and evaluation shall be announced to the public according to law.
Article 12 The competent departments of water administration, natural resources and ecological environment of the people’s governments at or above the county level shall, according to the results of investigation and evaluation of groundwater conditions, make overall consideration of the needs of economic and social development, the situation of groundwater resources, pollution prevention and other factors, formulate plans for groundwater protection and utilization and pollution prevention and control at the corresponding level, and announce them to the public after fulfilling the procedures of soliciting opinions, argumentation and evaluation according to law.
The planning of groundwater protection and utilization and pollution prevention and control is the basic basis for saving, protecting, utilizing, repairing and treating groundwater. The planning of groundwater protection and utilization and pollution prevention and control shall be subject to the comprehensive planning of water resources and the planning of environmental protection.
Thirteenth national economic and social development planning and land space planning and other related planning, the layout of major construction projects, should be adapted to the conditions of groundwater resources and groundwater protection requirements, and scientific demonstration.
Fourteenth the preparation of industrial, agricultural, municipal, energy, mineral resources development and other special plans, involving groundwater content, should be linked with groundwater protection and utilization and pollution prevention and control planning.
Article 15 The State establishes a groundwater reserve system. The water administrative department of the State Council shall, jointly with the natural resources, development and reform departments of the State Council, guide, coordinate, supervise and inspect the groundwater reserve.
The water administrative department of the local people’s government at or above the county level shall, jointly with the competent departments of natural resources, development and reform of the people’s government at the corresponding level, formulate a plan for the utilization of groundwater reserves according to the groundwater conditions, climate conditions and water resources reserve needs within their respective administrative areas and report it to the people’s government at the corresponding level for approval.
Except in special drought years and major emergencies, groundwater reserves shall not be used.
Chapter III Conservation and Protection
Article 16 The state practices a system of total groundwater intake control. The water administrative department of the State Council shall, jointly with the natural resources department of the State Council, formulate and issue the total groundwater intake control indicators of all provinces, autonomous regions and municipalities directly under the Central Government according to the exploitable groundwater and the surface water resources.
Article 17 The water administrative departments of the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government shall, jointly with the relevant departments of the people’s governments at the corresponding levels, formulate the total groundwater intake control indicators and groundwater level control indicators of the administrative areas at or above the county level within their respective administrative areas according to the total groundwater intake control indicators issued by the state, and issue them for implementation after the approval of the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government, and report them to the water administrative department of the State Council or its authorized river basin management agencies for the record.
Article 18 When the water administrative departments of the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government formulate the total groundwater intake control indicators and groundwater level control indicators within their respective administrative areas, which involve inter-provincial border areas and belong to the same hydrogeological unit, they shall negotiate with the water administrative departments of the people’s governments of neighboring provinces, autonomous regions and municipalities directly under the Central Government to determine them. If negotiation fails, it shall be determined by the water administrative department of the State Council in conjunction with the relevant departments of the State Council.
Nineteenth local people’s governments at or above the county level shall reasonably determine the layout of groundwater intake projects within their respective administrative areas according to the total groundwater intake control index, groundwater level control index and relevant national technical standards.
Article 20 The water administrative department of the local people’s government at or above the county level shall, according to the total control index of groundwater intake, the control index of groundwater level, and the groundwater demand and water use structure calculated by scientific analysis, formulate the annual groundwater intake plan, control the annual groundwater intake within the administrative area, and report it to the water administrative department of the people’s government at the next higher level for the record.
Article 21 Units and individuals who use groundwater shall comply with the requirements of total water intake control and quota management, use advanced water-saving technologies, processes and equipment, take measures such as recycling water, comprehensive utilization and wastewater treatment and reuse, implement technological transformation, and reduce water consumption.
The production, sale, import or use of the following processes, equipment and products shall be stopped within the prescribed time limit:
(a) included in the list of obsolete technologies, equipment and products with high water consumption;
(2) It is included in the list of processes that seriously pollute the water environment and the list of equipment that seriously pollute the water environment whose production, sale, import and use are prohibited within a time limit.
Twenty-second new construction, renovation and expansion of groundwater intake projects, metering facilities should be installed at the same time. Where metering facilities are not installed in existing groundwater intake projects, they shall be installed within the time limit prescribed by the water administrative department of the local people’s government at or above the county level.
Units and individuals who use groundwater to reach the scale of water intake shall install online metering facilities for groundwater intake and transmit the metering data to the water administrative department with management authority in real time. The scale of water intake shall be formulated and promulgated by the water administrative department of the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government, and reported to the water administrative department of the State Council for the record.
Article 23 In areas with groundwater as irrigation water source, local people’s governments at or above the county level should take measures such as ensuring investment in construction, increasing credit support for enterprises, establishing and improving grass-roots water conservancy service system, etc., encourage the development of water-saving agriculture, and popularize and apply water-saving irrigation technologies such as sprinkler irrigation, micro-irrigation, pipeline irrigation and canal seepage-proof irrigation, as well as advanced agricultural machinery, agronomy and biotechnology to improve agricultural water efficiency and save agricultural water.
Twenty-fourth the State Council according to the needs of national economic and social development, the units and individuals to access groundwater pilot collection of water resources tax. The groundwater resource tax shall be taxed at different rates according to the local groundwater resources, types of water intake and economic development, and the collection standard shall be raised reasonably. If water resources tax is levied, the water resources fee shall be stopped.
For the provinces, autonomous regions and municipalities directly under the Central Government that have not yet tried to collect water resource tax, the water resource fee collection standard of groundwater should be higher than that of surface water for the same type of water intake, the water resource fee collection standard of groundwater over-exploitation area should be higher than that of non-over-exploitation area, and the water resource fee collection standard of groundwater over-exploitation area should be significantly higher than that of non-over-exploitation area.
Twenty-fifth in any of the following circumstances, the application for water permit for groundwater utilization shall not be approved:
(a) does not meet the requirements of total groundwater intake control and groundwater level control;
(two) does not meet the requirements of the restricted mining area;
(three) does not meet the industry water quota and water saving regulations;
(four) does not meet the mandatory national standards;
(five) new construction, renovation and expansion of high water consumption projects in areas with water shortage or ecological fragility;
(six) in violation of the provisions of laws and regulations, reclaiming and planting groundwater.
Twenty-sixth construction units and individuals should take measures to prevent underground engineering construction from causing significant adverse effects on groundwater recharge, runoff and discharge. For an underground project excavated to a certain depth or with a certain drainage scale, the construction unit and individual shall, before the project starts, report the project construction scheme and measures to prevent adverse effects on groundwater to the water administrative department with management authority for the record. The excavation depth and drainage scale shall be formulated and promulgated by the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government.
Twenty-seventh in addition to the following circumstances, it is forbidden to mine groundwater that is difficult to update:
(a) emergency water supply;
(2) Domestic water for residents in areas without alternative water sources;
(3) Taking a small amount of water for groundwater monitoring, exploration and testing.
Where mining has been carried out, except in the circumstances specified in the preceding paragraph, the relevant local people’s governments at or above the county level shall take measures to prohibit mining and restrict mining, and gradually realize a total ban on mining; After the circumstances specified in the preceding paragraph are eliminated, the use of groundwater shall be stopped immediately.
Twenty-eighth local people’s governments at or above the county level shall strengthen the protection of groundwater sources, make full use of natural conditions to supplement groundwater, and effectively conserve groundwater sources.
Urban and rural construction should coordinate the needs of groundwater source conservation and recharge, promote sponge-like buildings, roads, squares, parks, green spaces, etc. in accordance with the requirements of sponge city construction, and gradually improve the rainwater and flood collection and utilization system combining stagnant storage and drainage. The regulation of rivers and lakes should take into account the conservation of groundwater sources and strengthen the protection and restoration of natural forms of water bodies.
City people’s governments should take effective measures according to local conditions, popularize water-saving domestic water appliances, encourage the use of reclaimed water, and improve water use efficiency.
Twenty-ninth local people’s governments at or above the county level shall, according to the conditions and needs of groundwater sources, build emergency standby drinking water sources and formulate emergency plans to ensure normal use when necessary.
After the emergency use of the emergency standby groundwater source is over, the water intake shall be stopped immediately.
Article 30 The water administrative department of the local people’s government at or above the county level shall, jointly with the relevant departments of the people’s government at the corresponding level, draw up an important protection plan for the spring area, define the scope and measures of protection, and report it to the people’s government at the corresponding level for approval before implementation.
Measures should be taken to restore the dried-up spring areas with important historical, cultural and ecological values if conditions permit.
Chapter IV Overexploitation Control
Article 31 The water administrative department of the State Council shall, jointly with the competent department of natural resources of the State Council, organize and delimit the national groundwater over-exploitation area according to the results of investigation and evaluation of groundwater conditions, and announce it to the public according to law.
Article 32 The water administrative departments of the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government shall, jointly with the competent departments of natural resources of the people’s governments at the corresponding levels, make overall consideration of the delineation of groundwater overexploitation, groundwater utilization and geological environment conditions, and organize the delineation of prohibited and restricted groundwater exploitation areas within their respective administrative areas, which shall be announced after approval by the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government and reported to the water administrative department of the State Council for the record.
If it is really necessary to make adjustments after the delineation of prohibited and restricted groundwater exploitation areas, adjustments shall be made in accordance with the original delineation procedures.
Article 33 Under any of the following circumstances, it shall be designated as a prohibited groundwater exploitation area:
(1) Areas where serious geological disasters or ecological damage such as land subsidence, ground fissures, sea (salty) water intrusion and vegetation degradation have occurred;
(two) the area covered by the public water supply pipe network in the groundwater over-exploitation area or the water supply demand has been solved by replacing the water source;
(three) other areas where the exploitation of groundwater is prohibited by laws and regulations.
Article 34 Under any of the following circumstances, it shall be designated as a restricted groundwater exploitation area:
(a) the area where the groundwater exploitation amount is close to the exploitable amount;
(2) Areas where the exploitation of groundwater may cause geological disasters or ecological damage;
(three) other areas where the exploitation of groundwater is restricted by laws and regulations.
Thirty-fifth except in the following circumstances, it is forbidden to take groundwater in the area where groundwater exploitation is prohibited:
(a) in order to ensure the safety of underground engineering construction and production safety, temporary emergency water intake (drainage) must be carried out;
(two) to eliminate the harm to public safety or public interests;
(3) Taking a small amount of water for groundwater monitoring, exploration and testing.
In addition to the circumstances specified in the preceding paragraph, it is forbidden to add groundwater in the restricted groundwater exploitation area, and gradually reduce the groundwater intake; After the circumstances specified in the preceding paragraph are eliminated, the use of groundwater shall be stopped immediately.
Article 36 The water administrative departments of the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government shall, jointly with the relevant departments of the people’s governments at the corresponding levels, formulate a comprehensive control plan for groundwater overexploitation in their respective administrative areas, and report it to the water administrative department of the State Council for the record after being approved by the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government.
The comprehensive control plan for groundwater overexploitation shall specify the control objectives, control measures and safeguard measures.
Article 37 The local people’s governments at or above the county level should strengthen the construction of a water-saving society, and gradually realize the balance of groundwater exploitation and replenishment by strengthening the construction of sponge cities, adjusting planting structure, popularizing water-saving agriculture, strengthening industrial water conservation, and implementing groundwater recharge in rivers and lakes.
The state has increased its support for local people’s governments in areas such as alternative water supply, public water supply pipe network construction and industrial structure adjustment.
Article 38 The water administrative department of the local people’s government at or above the county level shall, jointly with the natural resources department of the people’s government at the corresponding level, strengthen the monitoring and prevention of sea (salty) water intrusion. Comprehensive control measures should be taken in areas where sea (salty) water has invaded.
Chapter V Pollution Prevention and Control
Article 39 The competent department of ecological environment in the State Council shall, jointly with the competent departments of water administration and natural resources in the State Council, guide the delineation of key areas for prevention and control of groundwater pollution throughout the country. The competent departments of ecological environment of the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government shall, jointly with the competent departments of water administration and natural resources of the people’s governments at the corresponding levels, designate key areas for the prevention and control of groundwater pollution according to the needs of the prevention and control of groundwater pollution within their respective administrative areas.
Article 40 The following acts that pollute or may pollute groundwater are prohibited:
(a) the use of seepage wells, seepage pits, cracks, caves and hidden pipes and other ways to escape supervision to discharge water pollutants;
(2) storing petrochemical raw materials and products, pesticides, hazardous wastes, sludge produced by urban sewage treatment facilities, treated sludge or other toxic and harmful substances by using rock pores, cracks, caves and abandoned pits;
(3) conveying or storing wastewater containing toxic pollutants, sewage containing pathogens and other wastes by using ditches, pits and ponds without anti-leakage measures;
(four) other acts of pollution or possible pollution of groundwater prohibited by laws and regulations.
Article 41 Enterprises, institutions and other producers and operators shall take the following measures to prevent groundwater pollution:
(a) the construction of underground engineering facilities or underground exploration, mining and other activities, the environmental impact assessment documents prepared according to law, should include the contents of groundwater pollution prevention and control, and take protective measures;
(2) Chemical production enterprises and the operation and management units of industrial clusters, mining areas, tailings ponds, hazardous waste disposal sites, landfills, etc. shall take measures such as leakage prevention and build groundwater quality monitoring wells for monitoring;
(3) Underground oil tanks such as gas stations should use double-deck tanks or take other effective measures such as building anti-seepage pools, and conduct anti-leakage monitoring;
(four) places where soluble toxic waste residue is stored shall adopt waterproof, anti-leakage and anti-loss measures;
(five) other measures to prevent groundwater pollution as stipulated by laws and regulations.
According to the discharge of toxic and harmful substances by enterprises, institutions and other producers and operators specified in the second paragraph of the preceding paragraph, the competent department of ecological environment of the local people’s government shall, in accordance with the provisions of the competent department of ecological environment of the State Council, consult with relevant departments to determine and publish the list of key pollutant discharge units for prevention and control of groundwater pollution. Key pollutant discharge units for prevention and control of groundwater pollution shall install automatic monitoring equipment for water pollutant discharge in accordance with the law, connect with the monitoring equipment of the competent department of ecological environment, and ensure the normal operation of the monitoring equipment.
Forty-second in the scope of protection of spring areas and areas with strong karst development and many sinkholes and karst funnels, no construction projects that may cause groundwater pollution may be built, rebuilt or expanded.
Forty-third multi-layer aquifer exploitation and recharge of groundwater should prevent cross-layer pollution.
If the aquifer water quality of multi-layer groundwater differs greatly, it should be mined by layers; The polluted diving and confined water shall not be mixed.
If the groundwater pollution has been caused, it shall be backfilled within a time limit in accordance with the technical requirements of sealing and filling wells, and the groundwater pollution caused shall be treated and repaired.
Artificial recharge of groundwater shall meet the relevant water quality standards and shall not worsen the water quality of groundwater.
Forty-fourth agricultural producers and operators and other relevant units and individuals should use pesticides, fertilizers and other agricultural inputs scientifically and rationally, and the water used for farmland irrigation should meet the relevant water quality standards to prevent groundwater pollution.
The local people’s governments at or above the county level and their relevant departments shall strengthen the guidance and technical services for the use of agricultural inputs such as pesticides and fertilizers, encourage and guide relevant units and individuals such as agricultural producers and operators to rationally use agricultural inputs such as pesticides and fertilizers, and prevent groundwater pollution.
Article 45 In accordance with the relevant provisions of the Law of People’s Republic of China (PRC) on the Prevention and Control of Soil Pollution, if the soil pollution of agricultural land with safe utilization and strict control affects or may affect the safety of groundwater, the prevention and control plan for pollution shall include the prevention and control of groundwater pollution.
For construction land plots where the pollutant content exceeds the control standard of soil pollution risk, the contents of whether the groundwater is polluted shall be included in the preparation of the soil pollution risk assessment report; For construction land plots listed in the list of risk control and restoration, the risk control measures should include the prevention and control of groundwater pollution.
For agricultural land plots that need to be restored, as well as construction land plots listed in the risk control and restoration list, the restoration plan should include the prevention and control of groundwater pollution.
Chapter VI Supervision and Administration
Forty-sixth people’s governments at or above the county level in charge of water administration, natural resources, ecological environment and other departments should strengthen supervision and management in accordance with their duties, and improve the cooperation mechanism.
The competent departments of water administration, natural resources and ecological environment in the State Council have established a unified national groundwater monitoring station network and a groundwater monitoring information sharing mechanism to dynamically monitor groundwater.
The competent departments of water administration, natural resources and ecological environment of local people’s governments at or above the county level shall improve the groundwater monitoring system and strengthen groundwater monitoring according to needs.
Article 47 No unit or individual may occupy, destroy or move underground water monitoring facilities and equipment and their signs without authorization.
New construction, renovation and expansion projects should avoid groundwater monitoring facilities and equipment; If it is really impossible to avoid and it is necessary to dismantle the groundwater monitoring facilities and equipment, the competent departments of water administration, natural resources and ecological environment of the people’s governments at or above the county level shall organize the relocation in accordance with the relevant technical requirements, and the relocation expenses shall be borne by the construction unit.
No unit or individual may tamper with or forge groundwater monitoring data.
Article 48 Units and individuals building groundwater intake projects shall attach a construction plan for groundwater intake projects when applying for water intake permits, and carry out construction by themselves or by entrusting units with corresponding professional and technical capabilities in accordance with the requirements of the approval documents for water intake permits. The construction unit shall not undertake the underground water intake project that should be obtained but has not obtained the water intake permit.
The groundwater intake project for the purpose of monitoring and exploration does not need to apply for a water intake permit, and the construction unit shall report it to the competent water administrative department for the record before construction.
The owner of the groundwater intake project is responsible for the safety management of the project.
Article 49 The water administrative department of the local people’s government at or above the county level shall register groundwater intake projects within its administrative area and establish a supervision and management system.
Scrapped mines, drilling, underground water intake projects, or underground water intake projects that have not been completed and have completed exploration tasks, and water intake should be stopped according to law, shall be sealed or backfilled by the project owner or management unit; The owner or management unit shall inform the water administrative department of the local people’s government at or above the county level of its well sealing or backfilling; If the owner or management unit cannot be determined, the local people’s government at or above the county level or its authorized department shall be responsible for organizing the implementation of well sealing or backfilling.
The implementation of well sealing or backfilling shall conform to the relevant national technical standards.
Fiftieth local people’s governments at or above the county level shall organize water administration, natural resources, ecological environment and other competent departments to delimit centralized groundwater drinking water sources and publish a list, and regularly organize safety assessment of groundwater drinking water sources.
Article 51 The water administrative department of the local people’s government at or above the county level shall, in conjunction with the competent departments of natural resources of the people’s government at the corresponding level, delimit the prohibited and restricted water intake scope of geothermal energy development and utilization projects that need water according to the hydrogeological conditions and the requirements for groundwater protection.
It is forbidden to build geothermal energy development and utilization projects that need water in centralized groundwater drinking water sources. It is forbidden to extract groundwater that is difficult to update for geothermal energy development and utilization projects that need water.
When building a geothermal energy development and utilization project that needs water, the water intake and recharge shall be measured, and the same aquifer shall be used for the same amount of water intake and recharge, and the groundwater shall not be polluted. To reach the scale of water intake, online metering facilities for water intake and recharge shall be installed, and the metering data shall be transmitted to the water administrative department with management authority in real time. The scale of water intake shall be formulated and promulgated by the water administrative departments of the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government.
For geothermal energy development and utilization projects that do not meet the requirements of the first, second and third paragraphs of this article, water intake units and individuals shall make rectification within a time limit in accordance with the provisions of the water administrative department, and those that fail to pass the rectification shall be closed down.
Fifty-second mineral resources exploitation, underground engineering construction drainage reaches the scale, it shall apply for water permit, install drainage metering facilities, and regularly submit the drainage and groundwater level to the water permit examination and approval authority. The scale of drainage shall be formulated and promulgated by the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government.
In order to ensure the construction safety and production safety of underground projects such as mines, temporary emergency water intake (drainage) is necessary, and it is not necessary to apply for water intake permit. Units and individuals taking (discharging) water shall, within 5 working days after the temporary emergency taking (discharging) water, file with the water administrative department of the local people’s government at or above the county level with management authority.
The exploitation of mineral resources and the drainage of underground engineering construction should be given priority, and those that cannot be used should be discharged up to the standard.
Article 53 The departments in charge of water administration and ecological environment of the people’s governments at or above the county level shall establish credit files of units and individuals engaged in groundwater conservation, protection and utilization activities, record the results of daily supervision and inspection, investigate and deal with illegal acts, and publicize them to the public according to law.
Chapter VII Legal Liability
Article 54 Where a local people’s government at or above the county level, the department in charge of water administration, ecological environment and natural resources of the people’s government at or above the county level and other departments responsible for groundwater supervision and management commit any of the following acts, the higher authorities shall order it to make corrections, and the responsible person in charge and other persons directly responsible shall be punished according to law:
(1) Failure to take effective measures leads to the expansion of groundwater overexploitation within the administrative area, or the groundwater pollution situation has not been improved or even deteriorated;
(two) the total amount of groundwater intake control index and groundwater level control index in the administrative area of unfinished cost;
(three) the groundwater level is lower than the control level without taking relevant measures;
(4) Failing to investigate and deal with illegal acts after discovering them or receiving reports of illegal acts;
(five) there are other illegal acts such as abuse of power, dereliction of duty and malpractice.
Article 55 Whoever, in violation of the provisions of these Regulations, takes groundwater without approval, or discharges water pollutants by means of seepage wells, seepage pits, cracks, caves, concealed pipes, etc., shall be punished in accordance with the provisions of People’s Republic of China (PRC) Water Law, People’s Republic of China (PRC) Water Pollution Prevention Law, People’s Republic of China (PRC) Soil Pollution Prevention Law, Regulations on the Administration of Water Permit and Water Resources Fee Collection and other laws and administrative regulations.
Article 56 Where metering facilities are not installed in the groundwater intake project, the water administrative department of the local people’s government at or above the county level shall order it to be installed within a time limit, and the relevant expenses shall be levied according to the daily maximum water intake capacity, and a fine of 100,000 yuan to 500,000 yuan shall be imposed; If the circumstances are serious, the water permit shall be revoked.
If the metering facilities are unqualified or are not operating normally, the water administrative department of the local people’s government at or above the county level shall order them to be replaced or repaired within a time limit; If it is not replaced or repaired within the time limit, the relevant expenses shall be levied according to the daily maximum water intake capacity, and a fine of more than 100,000 yuan and less than 500,000 yuan shall be imposed; If the circumstances are serious, the water permit shall be revoked.
Article 57 If underground engineering construction has a significant adverse impact on groundwater recharge, runoff and discharge, the water administrative department of the local people’s government at or above the county level shall order it to take measures to eliminate the adverse impact within a time limit and impose a fine of not less than 100,000 yuan but not more than 500,000 yuan; If measures are not taken to eliminate the adverse effects within the time limit, the water administrative department of the local people’s government at or above the county level shall organize measures to eliminate the adverse effects, and the expenses required shall be borne by the violator.
Underground engineering construction should be before the start of the project construction plan and measures to prevent adverse effects on groundwater for the record but not for the record, or mineral resources exploitation, underground engineering construction drainage should be regularly submitted to the drainage and groundwater level status but not submitted, by the water administrative department of the local people’s government at or above the county level shall be ordered to make a supplementary report within a time limit; Failing to make up the report within the time limit, a fine of 20,000 yuan to 100,000 yuan shall be imposed.
Article 58. Abandoned mines, drilling and groundwater intake projects, or groundwater intake projects that have not been completed and whose exploration tasks should be stopped according to law, are not sealed or backfilled in accordance with regulations, and the local people’s governments at or above the county level or their authorized departments shall order them to seal or backfill, and impose a fine of not less than 100,000 yuan but not more than 500,000 yuan; Those who do not have the ability to seal or backfill wells shall be organized by the local people’s governments at or above the county level or their authorized departments, and the expenses required shall be borne by the violator.
Article 59 Those who store petrochemical raw materials and products, pesticides, hazardous wastes or other toxic and harmful substances by using pores, fissures, caves and abandoned mines in rock formations shall be ordered by the competent department of ecological environment of the local people’s government to make corrections within a time limit and be fined between 100,000 yuan and 1 million yuan.
Using rock pores, cracks, caves, abandoned mines and other storage of sludge produced by urban sewage treatment facilities and treated sludge, the competent department of urban drainage of the local people’s government at or above the county level shall order it to make corrections within a time limit and impose a fine of more than 200,000 yuan and less than 2 million yuan, and impose a fine of more than 20,000 yuan and less than 100,000 yuan on the directly responsible person in charge and other directly responsible personnel; If serious consequences are caused, a fine of 2 million yuan to 5 million yuan shall be imposed, and a fine of 50,000 yuan to 500,000 yuan shall be imposed on the directly responsible person in charge and other directly responsible personnel.
In the spring protection area and the area with strong karst development and many sinkholes and karst funnels, if a construction project that causes groundwater pollution is newly built, rebuilt or expanded, the competent department of ecological environment of the local people’s government shall impose a fine of more than 100,000 yuan and less than 500,000 yuan, and report it to the people’s government with the approval right and order it to be dismantled or closed.
Article 60 Whoever encroaches, destroys or moves the underground water monitoring facilities, equipment and signs without authorization shall be ordered by the department in charge of water administration, natural resources and ecological environment of the local people’s government at or above the county level to stop the illegal act, take remedial measures within a time limit and be fined between 20,000 yuan and 100,000 yuan; If remedial measures are not taken within the time limit, the department in charge of water administration, natural resources and ecological environment of the local people’s government at or above the county level shall organize remedial measures, and the expenses required shall be borne by the violator.
Article 61 If a groundwater intake project for the purpose of monitoring and exploration should be put on record before construction, the water administrative department of the local people’s government at or above the county level shall order it to go through the formalities for filing within a time limit; Those who fail to go through the filing formalities within the time limit shall be ordered to seal the well or backfill it within a time limit, and be fined between 20,000 yuan and 100,000 yuan; If the well is not sealed or backfilled within the time limit, the water administrative department of the local people’s government at or above the county level shall organize the well to be sealed or backfilled, and the expenses required shall be borne by the violator.
Sixty-second violation of the provisions of this Ordinance, which constitutes a violation of public security management, shall be punished by the public security organs according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VIII Supplementary Provisions
Article 63 The following terms in these Regulations have the following meanings:
Groundwater intake project refers to groundwater intake wells and their supporting facilities, including wells, water collection corridors, water collection tanks, seepage canals, water injection wells, and intake wells and recharge wells of geothermal energy development and utilization projects that need water.
Overexploitation of groundwater refers to the area where the actual exploitation of groundwater exceeds the exploitable amount, which causes the groundwater level to drop continuously, causing ecological damage and geological disasters.
Groundwater that is difficult to renew refers to groundwater that has no close hydraulic connection with atmospheric precipitation and surface water bodies and cannot be replenished or replenished very slowly.
Article 64 These Regulations shall come into force as of December 1, 2021.
