Regulation on Urban Drainage and Sewage Treatment

Regulation on Urban Drainage and Sewage Treatment Order of the State Council of the People's Republic of China (No. 641) The Regulation on Urban Drainage and Sewage Treatment, as adopted at the 24th executive meeting of the State Council on September 18, 2013, is hereby issued and shall come into force on January 1, 2014. Premier: Li Keqiang October 2, 2013 Regulation on Urban Drainage and Sewage Treatment Chapter I General Provisions Article 1 This Regulation is formulated in order to strengthen the administration of urban drainage and sewage treatment, guarantee the safe operation of urban drainage and sewage treatment facilities, prevent and control urban water pollution and water logging disasters, guarantee the security of citizens' life and property and public security, and protect the environment. Article 2 This Regulation shall apply to the planning of urban drainage and sewage treatment, the construction, maintenance and protection of urban drainage and sewage treatment facilities, water discharge to urban drainage facilities and sewage treatment, as well as the prevention and control of urban water logging. Article 3 The people's government at or above the county level shall strengthen the leadership of the urban drainage and sewage treatment work, and include the urban drainage and sewage treatment work in the national economic and social development plan. Article 4 Urban drainage and sewage treatment shall be conducted under the principles of respecting the nature, making overall planning, building supporting facilities, guaranteeing security and making comprehensive utilization. Article 5 The competent department of housing and urban-rural development of the State Council shall direct and supervise urban drainage and sewage treatment across the country. The department in charge of urban drainage and sewage treatment of the local people's government at or above the county level (hereinafter referred to as the “urban drainage department”) shall be responsible for supervising and administering urban drainage and sewage treatment within its administrative region. Other relevant departments of the people's government at or above the county level shall, in accordance with the provisions of this Regulation and other relevant laws and regulations, be responsible for the work relating to the supervision and administration of urban drainage and sewage treatment within their respective functions. Article 6 The state encourages the attraction of social funds to participate in the investment on, and construction and operation of urban drainage and sewage treatment facilities in multiple forms such as franchise and government purchase of services. The people's governments at or above the county level shall encourage and support the research of scientific technologies on urban drainage and sewage treatment, popularize and apply advanced and applicable technologies, techniques, equipment and materials, promote sewage recycling and the resource utilization of sludge and rainwater, and enhance the urban drainage and sewage treatment capacity. Chapter II Planning and Construction Article 7 The department of housing and urban-rural development of the State Council shall, jointly with the relevant departments of the State Council, prepare the national urban drainage and sewage treatment plan, specify the middle- and long-term development objective, development strategies, overall arrangement, and tasks of and measures to guarantee urban drainage and sewage treatment across the country. The urban drainage department shall, jointly with the relevant departments, make the urban drainage and sewage treatment plan of its administrative region based on the local economic and social development level and geographical and climate characteristics, specify the objectives and standards of drainage and sewage treatment, drainage volume and pattern, requirements for sewage treatment and recycling, and sludge treatment and disposal, water logging control measures, the size, distribution and construction sequence of urban drainage and sewage treatment facilities, land for construction, and guarantee measures, among others. A city or township prone to water logging shall also prepare a special plan for the prevention and control of urban water logging and include the plan in the urban drainage and sewage treatment plan of its administrative region. Article 8 The urban drainage and sewage treatment plan shall be prepared in accordance with the national economic and social development plan, urban and rural development plan, overall land use plan, water pollution prevention and control plan, and flood control plan, and be linked with these special plans on urban development and construction, road, green spaces and river system. When the special plan for the prevention and control of urban water logging is prepared, the objective of and requirements for water logging prevention and control shall be reasonably determined based on such factors as urban population and size, rainfall patterns, water logging risks caused by rainstorm, and the natural eco-system shall be fully utilized to enhance the rainwater penetration, transfer, storage and discharge capacity. Article 9 The urban drainage department shall submit the prepared urban drainage and sewage treatment plan to the people's government at the same level for approval and organize the implementation thereof, and file the plan with the urban drainage department of the people's government at the next higher level. The urban drainage and sewage treatment plan shall be strictly implemented once it is issued with approval; and where it does need to be amended as required for economic and social development, the amendment thereof shall be submitted for examination and approval under the original procedures for examination and approval. Article 10 The local people's government at or above the county level shall increase the input on the construction and maintenance of urban drainage and sewage treatment facilities based on the requirements of the urban drainage and sewage treatment plan. Article 11 The purposes of use of the land for the construction of urban drainage and sewage treatment facilities determined in the urban and rural development plan and urban drainage and sewage treatment plan shall not be changed without approval. Article 12 The local people's government at or above the county level shall, under the principle of making planning before construction, and based on the urban drainage and sewage treatment plan, reasonably determine the standards for the construction of urban drainage and sewage treatment facilities, make overall arrangement on the construction and reconstruction of pipelines, pump stations, sewage treatment plants and drainage and sewage treatment facilities such as those for sludge treatment and disposal, recycled water use, as well as rainwater transfer, storage and discharge. The construction of drainage and sewage treatment facilities shall be the priority in the development and construction of urban new areas based on the construction sequence determined in the urban drainage and sewage treatment plan; and the facilities to be built or the built facilities failing to meet the relevant national standards shall be reconstructed based on the annual reconstruction plan, so as to enhance the urban drainage and sewage treatment capacity. Article 13 The local people's government at or above the county level shall, as required for urban water logging and in light of the nature and conditions of urban land, strengthen the construction and reconstruction of rainwater pipelines, pump stations, and other facilities for rainwater transfer, storage and discharge of rainwater runoffs exceeding the standards, among others. A new construction, reconstruction or expansion of municipal infrastructure project shall be equipped with rainwater collection and utilization facilities and enhance the prolonged infiltration capability of green spaces, sand pavement, permeable road and natural ground, construct rainwater collection and utilization facilities by utilizing buildings, parking lots, squares and roads, reduce rainwater runoffs, and enhance the capacity of urban water logging prevention and control. When a new urban area is built or an old urban area is rebuilt, relevant facilities shall be constructed in accordance with the requirements for controlling rainwater runoffs as determined in the urban drainage and sewage treatment plan. Article 14 With respect to the construction projects of urban drainage and sewage treatment facilities within the scope of the urban drainage and sewage treatment plan and other new constructions, reconstructions or expansion projects that need to be linked with urban drainage and sewage treatment facilities, the urban and rural planning department shall, when issue the license for construction land use planning in accordance with law, solicit the opinions of the urban drainage department. The urban drainage department shall put forward opinions on whether the drainage design plan complies with the urban drainage and sewage treatment plan and the relevant standards. The construction entity shall build connection pipelines and other facilities based on the drainage design plan; and shall not put the construction project into use if the connection pipelines and other facilities have not been built. The urban drainage department or the special organ authorized by it shall strengthen guidance and supervision. Article 15 After the construction of urban drainage and sewage treatment facilities is completed, the construction entity shall organize the check thereof for completion acceptance in accordance with law. The construction entity may only deliver the project for use only if it passes the check for completion acceptance, and within 15 days after the project passes the acceptance check, file the acceptance check report and relevant materials with the urban drainage department. Article 16 After urban drainage and sewage treatment facilities pass the check for completion acceptance, the urban drainage department shall determine a qualified facility maintenance and operation entity to be responsible for managing such facilities by means of bidding, entrustment and other methods. If a franchise contract or an entrusted operation contract involves the reduction of pollutants and the service fee for sewage treatment operation, the urban drainage department shall solicit the opinions of the environmental protection department and price department. The state encourages the implementation of franchise urban sewage treatment rules. The specific measures shall be formulated by the department of housing and urban-rural development of the State Council jointly with the relevant departments of the State Council. The urban drainage and sewage treatment facility maintenance and operation entity shall meet the following conditions: (1) have legal person status; (2) have the funds and equipment suitable for engaging in the maintenance and operation of urban drainage and sewage treatment facilities; (3) have sound operation management and safety management rules; (4) the person in charge of technology and personnel in key positions have received professional training and passed the examination; (5) have corresponding good business performance and maintenance and operation experience; and (6) other conditions prescribed by laws and regulations. Chapter III Drainage Article 17 The local people's government at or above the county level shall, based on the local rainfall patterns and water logging risks caused by rainstorm, and according to weather and hydrologic materials, establish the drainage facility geographical information system, strengthen the rainwater drainage management, and enhance the prevention and control of urban water logging. The local people's government at or above the county level shall organize relevant departments and entities to take corresponding prevention and treatment measures, establish early warning, consultation and cooperation mechanisms for the prevention and control of urban water logging, bring into play the flood discharge capacity and the flood storage functions of reservoirs, depressions and lakes, strengthen the management of urban drainage facilities and the protection and regulation of river courses, take desilting and dredging measures on a regular basis according to the local circumstances, guarantee smooth rainwater drainage, and work together to effectively conduct the prevention and control of urban water logging. Article 18 The urban drainage department shall, in accordance with the requirements of the special plan for the prevention and control of urban water logging, determine the standards for the construction of rainwater collection and utilization facilities, specify separated rainwater drainage zones and outlets, and reasonably control rainwater runoffs. Article 19 Except for the arid areas, newly built areas shall have separate collection of rainwater and sewage and areas where rainwater and sewage is collected together shall reconstruct the system based on the requirements of the urban drainage and sewage treatment plan. The reconstruction for the separate collection of rainwater and sewage may be conducted at the same time when old urban areas are rebuilt and roads are built. In the areas with separate collection of rainwater and sewage, rainwater pipelines and sewage pipelines shall not be connected without any barrier when new urban areas are built and old urban areas are rebuilt. The regions where conditions permit shall gradually promote rainwater collection and treatment at the early stage, reasonably determine the interception ratio, and strengthen the regulation and control of......