China Environmental Law

Article 9 of the new amendments to the Water Pollution Prevention and Control Act, as previously discussed (go to “Categories” on the left sidebar and select “water pollution”), require that a discharger meet:

1. standards for water pollutant discharge, and
2. the total control target for major water pollutant discharge.

Chapter IV (Section One)

These standards referenced in Article 9 cover most common water pollutants. In addition, however, Chapter IV (Section One) sets forth some specific discharge prohibitions and requirements, including prohibitions on the discharge of:

• any oil, acid or alkaline solutions or highly toxic liquid waste (Article 29);
• any radioactive solid wastes or waste water containing any high-or medium-level radioactive substances (Article 30);
• any industrial waste residues, urban refuse or other wastes (Article 33);
• any highly toxic soluble waste residue containing such substances as mercury, cadmium, arsenic, chromium, lead, cyanide and yellow phosphorus (these wastes are also prohibited from being directly buried underground) (Article 33); and
• any pathogen-contaminated sewage that has not been disinfected to meet the relevant standards of the State (Article 32).

There is also a prohibition on the use of water from “water bodies” to wash and clean any vehicles or containers which have been used for storing oil or toxic pollutant (Article 29), and “[w]here heated waste water is discharged into any water body, measures shall be taken to ensure that the temperature of the water body conforms to the standards for water environment quality (Article 31).”

Several requirements apply specifically to the storage of hazardous and solid wastes and their potential to contaminate surface or groundwater:

Places for storing highly toxic waste residues shall be made waterproof and protected against seepages and leaks. (Article 33).

In the construction of landfills for domestic wastes, anti-leak measures shall be taken to prevent water pollution. (Article 46, note this is in Chapter IV (Section Three))

It is prohibited to pile or deposit solid wastes and other pollutants on any beaches or bank slopes below the highest water level of rivers, lakes, canals, irrigation channels and reservoirs. (Article 34)

Any seepage wells or pits, crevices or karst caves shall be prohibited from being used to discharge or dump waste water containing toxic pollutants or pathogens or other wastes. (Article 35)

Any ditches or ponds without leakage-prevention functions shall be prohibited from being used to transmit or store any wastewater containing toxic pollutants, sewage containing pathogen and other wastes. (Article 36)

The protection of groundwater protection is the main focus of the following provisions:

Layered exploitation shall be resorted to if the water quality differs greatly from one aquifer to another. No combined exploitation of paretic water and artesian water already polluted may be permitted. (Article 37)

While constructing underground engineering facilities or carrying out underground prospecting, mining and other underground activities, protective measures shall be taken to prevent ground water pollution. (Article 38)

The quality of ground water shall not be deteriorated in the process of artificial recharge for ground water. (Article 39)

Chapter IV (Section Two)

Chapter IV (Section Two) generally addresses changes and prohibitions in industrial processes aimed at eliminating old polluting technologies or practices and promoting cleaner production methods, as such it reinforces the Clean Production Law (right sidebar under “Laws & Regulations”). Among other things “enterprises that have caused water pollution [are required] to conduct technological renovations and adopt comprehensive preventive measures to improve repetitive water utilization rate and reduce the discharge of wastewater and pollutants” (Article 40); “backward processes and equipment that cause serious pollution to water environment [are to] be eliminated” (Article 41); the authorities are to develop a “list of technical processes prohibited from being” used because of “their serious pollution to water environment and [a] the list of equipment prohibited from being manufactured, sold, imported or used within a specified period for its serious pollution to water environment” (Article 41); and, “[e]nterprises shall adopt clean technical processes whereby raw materials are utilized in high efficiency and the quantity of discharged pollutants is not considerable, and shall strengthen management to reduce the creation of water pollutants” (Article 43).

“New construction projects” of the type identified below are absolutely prohibited (Article 42):

small-scale papermaking, tanning, printing and dyeing, dye, coke,  sulfur, arsenic, and mercury production, oil refinery, electroplating, pesticide, asbestos, cement, glass, steel, thermal power generation and other projects that cause serious pollution to the water environment.

Chapter IV (Section Three)

Chapter IV (Section Three) deals with the centralized treatment of urban wastewater.

Urban wastewater shall be treated on a centralized basis.

Local people’s governments at or above the county level shall, through fiscal budget and other channels, raise capital, arrange the construction of urban centralized wastewater treatment facilities and ancillary piping networks in a coordinated manner, and improve the level of collection and treatment of urban wastewater in their respective administrative areas. (Article 44)

As the section relates to industrial or commercial facilities, it provides that “[w]here sewage treatment fees are paid for discharging sewage into the centralized urban sewage treatment facilities, no waste discharge fees shall be paid” (Article 44).

Chapter IV (Section Four)

Chapter IV (Section Four) addresses the prevention and control of agricultural and rural water pollution. It calls for the regulation of pesticide and fertilizer use and proper disposal of expired pesticides (Articles 47 and 48); appropriate treatment of wastewater generated by “livestock farms and breeding complexes” (Articles 49 and 50); scientific determination of breeding density and reasonable utilization of feed and drugs in aquaculture (Article 50); and “where industrial wastewater or urban sewage is discharged into farmland irrigation channels” then it must be ensured that “the water quality at the nearest irrigation intake downstream conforms to the standards for the farmland irrigation water quality” (Article 51).

Finally, Chapter IV (Section Five) governs the prevention of water pollution caused by ships. If you are in the shipping business you should read these provisions, but I will skip them so as not to try the patience of those readers who have made it this far.

We’ll finish our review of the new Water Pollution Act Amendments with a forthcoming post related to drinking water source protection, water pollution accidents, and a some final words on penalties.