Chairman, the Deputy Chairman, the Secretary-General, Members:

I am entrusted by the State Council, it is now on the "People''s Republic of China Water Pollution Control Act (Revised Draft)" for illustration.

"People''s Republic of China Water Pollution Control Act" (hereinafter referred to as the "Water Pollution Prevention Law") amended in 1996 since the implementation, control and mitigation of water pollution, protect the ecological environment and people''s lives and health, and promoting sustainable economic and social development of our country to play a positive role. However, with the continuous expansion of China''s economy continues to grow rapidly and economies of scale, water pollutant discharge has not been effectively controlled, water pollution control and water environmental protection End faces old accounts open, but also due to new accounts of the situation. Outstanding performance:

The total amount of (a) high water pollutant emissions, water pollution is very serious. According to the Environmental Protection Agency monitored 411 surface water monitoring sections of the seven major river systems in 2005, 27 percent of the sections worse than Grade V, the national urban ground water pollution is serious about 1/2, in some areas even a "have river are dry, water pollution are "phenomenon.

The extent of use and development (b) of the Water Resources too high, exacerbated by the deterioration of water pollution. According to the latest "water resources survey and evaluation results," the Huaihe utilization rate was 53%, 66% utilization rate Liaohe and Haihe utilization rate of 100%, resulting in these rivers during the dry season there is no basic ecological flow, greatly reducing the self-purification of the water basin ability.

(Iii) drinking water in urban and rural areas there is a big security risk. According to the Environmental Protection Administration, the latest survey data, the average water quality compliance rate of only 113 national key environmental protection cities 222 surface drinking water sources 72%, water was cut to many areas of the trend in some cities, there is no spare water, 300 million security problems more rural drinking water.

(Iv) water pollution accidents occurred frequently. According to SEPA statistics, in 2005 there were nationwide environmental pollution accidents since 1406, including 693 water pollution accidents, accounting for 49.2% of the total amount of all environmental pollution accidents.

Higher (E) compliance costs, low-cost illegal. Water pollution control work new situation development, it is necessary to further improve the existing liability and increase penalties. The basic system of the existing Water Pollution Prevention Plan "Water Pollution Prevention Law", environmental impact assessment, pollution charges, focusing on the total amount of water control, drinking water surface water source protection areas, the deadline governance, the fight against water pollution has played a positive role in promoting . However, with the new situation of water pollution control and water environmental protection facing new requirements compared to some systems require further amend, supplement and perfect. Such as: the principle of comparative environmental responsibility of local people''s governments, the need for further specific and refined; inadequate water environment monitoring network, water environment information release is not uniform, the need to further integrate and standardize; drinking water safety measures are not sufficiently specific, requiring further supplement and refinement; pollution permits system, the implementation of total amount of emissions control system is limited to focus on the water, you need to fully implement; regulatory measures pollution from ships inland waters is weak, need to be further strengthened; insufficient water pollution emergency response capacity, the need for further enhancement, etc. .

In order to adapt to the current situation of new environmental protection, new developments need to effectively solve the above problems, and improve related water pollution control system, according to the Environmental Protection Administration, the State Council on the comprehensive implementation of the scientific concept of development, build an environmentally friendly society and promoting human and natural and harmonious development of the strategic plan, in line with the spirit of strict pollution control, the outstanding problems that currently exist in the summary of the "Water Pollution prevention law" on the basis of implementation experience, the drafting of the "People''s Republic of China Water Pollution Control Act amendments ( draft) ", the deliberation of the State Council. After the State Council Legislative Affairs received this piece, which sought the Central Office, Development and Reform Commission, Ministry of Water Resources, Ministry of Construction, Ministry of Communications, Ministry of Agriculture and other relevant departments and provinces, autonomous regions and municipalities as well as Sinopec, China Iron and Steel Association, opinions Tsinghua companies, associations and research units. After repeated study, modify, and formed a "People''s Republic of China Amendment (Draft) Water Pollution Prevention Law," once again sought the people''s government departments and local views.

After the Songhua River water pollution accident, the State Council Legislative Affairs in conjunction with the Environmental Protection Agency and summarize lessons learned and the water pollution accident emergency treatment, the relevant provisions has been modified and improved, and the third to send the relevant departments for comments, while , went to Jiangsu and heard further comments. On the basis of fully absorb comments on the formation of the "People''s Republic of China Water Pollution Control Act (revised draft)" (hereinafter referred to as the Revised Draft). The draft has been revised State Council executive meeting discussed and adopted. Revised draft eight chapters 88. The main contents are hereby amended as follows:

First, strengthen water pollution source control, to further clarify the responsibility of the Government

To further strengthen the supervision of the source of water pollution control, strengthen the government''s responsibility, made changes to the draft amendments mainly the following three aspects:

First, clear water pollution control should be putting prevention first, combining prevention with control, the principles of integrated governance, strict control of industrial pollution, agricultural pollution, and actively promote the construction of ecological management, prevention, control and reduction of water pollution and ecological damage. (Article)

Second, a clear local people''s governments above the county level shall take measures and measures to combat water pollution, water quality of the environment responsible for administrative areas, and water environmental protection work into the national economic and social development plan. (Article IV)

Third, the provisions of local people''s governments above the county level shall, according to their pollutant emission control targets, reduction and control of water pollutants discharge the administrative area focus, and will eventually break down the total control targets to implement sewage units. Excess of the total pollutant control targets key water areas, the people''s government environmental protection department shall suspend approval of new key water total discharge of pollutants construction projects. (Fifth paragraphs 2, 3)

Second, improve the water environment monitoring network, the establishment of a unified system for water environmental information

In order to improve the quality of the water environment monitoring network, standardized water environment quality monitoring activities, to establish a unified water pollution environment information release system, the revised draft regulations, the establishment of national environmental water quality monitoring, water pollutant emission monitoring system; environmental protection department under the State Council is responsible for development of water environment monitoring standards, unified release of national water environment information, in conjunction with the State Council administrative department water monitoring network. (Article XV)

Third, strengthen the focus on the total amount of water pollutant emission control system

Pollutant emission control system is an effective means of controlling pollutant emissions, is the implementation of pollution permits foundation. In order to reflect the principles of prevention, strengthen source water pollutant emission control and reduction, the revised draft was revised following two main aspects:

One refinement pollution prevention plan preparation and approval process. Revised draft regulations, water pollution prevention by region or river basin should press for unified planning. Water pollution prevention plan for major river basin countries determined by the environmental protection department in conjunction with the State Council Development and Reform, the water administrative departments and relevant provinces, autonomous regions and municipalities and submitted to the State Council for approval. Also provides other provinces, counties river basin water pollution prevention plan preparation and approval process. (Article 12)

The second is to expand the scope of water pollutants discharge key control, to strengthen the control of water pollutants. Revised draft stipulates that directly or indirectly discharge pollutants into water bodies, shall not exceed the water pollutant emission standards nationally or local regulations; or regional priorities in the basin of water pollutants emissions are controlled, in addition to Key Water Pollutant Discharge shall not exceed water pollutant discharge standards of the state or local regulations, but also can not exceed the total control targets. (Article XIX)

Fourth, the full implementation of the emission licensing system, further standardize the acts of sewage

Emissions Trading System is to implement the total pollutant discharge control system, an important means of strengthening the supervision of pollutant emissions. For the full implementation of the emission licensing system, further standardize the sewage behavior, the revised draft was amended following two major aspects:

First, the full implementation of water pollutant discharge permit system. Revised draft regulations, directly or indirectly, to the water discharge of industrial waste and medical waste water and containing heavy metals, radioactive substances, pathogens and other toxic substances other wastewater and sewage enterprises, institutions, individual industrial and commercial households and urban centralized sewage treatment facilities operating units, You should obtain emission permits. Prohibited without a license or not in accordance with the provisions of the sewage discharge permit discharge of pollutants into water bodies. (Article XVIII)

The second is to further standardize the sewage outfall set of key sewage units to strengthen monitoring discharge of water pollutants. Revised draft stipulates that discharge pollutants into water of enterprises, institutions and individual businesses should be required to set the outfall; key polluting units shall install automatic water pollutant discharge monitoring equipment, monitoring equipment, and environmental protection departments networking. (Article XX) construction unit in rivers or lakes, new construction, renovation, expansion of the sewage outfall should obtain the water administration departments or river basin authorities agree. (Article 16.2)

Fifth, improve the drinking water source protection area management system

To ensure the safety of drinking water for urban and rural residents, to further improve the drinking water source protection area management system, the revised draft was revised following four main areas:

First, improving the drinking water source protection area classification management system. Revised draft stipulates that the State establish drinking water source protection area system, and is divided into primary and secondary protection zone, if necessary, designate certain areas as a quasi-protected areas in the drinking water source protection zone periphery. (Article 26)

Second, a clear drinking water source protection area delineation authorities and dispute resolution mechanisms. Revised draft stipulates that provinces, autonomous regions, municipalities directly under the drinking water source protection areas, the relevant provinces, autonomous regions and municipalities regarding their delineation of river basin management agency consultations; negotiation fails, by the environmental protection department under the State Council in conjunction with the administration of the State Council and other water department delineation program, approved by the State Council. Meanwhile, the other drinking water source protection area delineation is also specified. (Article 26 second and third paragraphs)

Third, strict management of the drinking water source protection areas. Draft amendments prohibiting drinking water source protection areas outfall. (Article 27) prohibits the drinking water source protection areas and the construction of water supply facilities and protection of water resources construction projects unrelated to a prohibited drinking water two protected areas the emission of pollutants construction projects; have been completed should be ordered to dismantle or shut down. (First paragraph of Article 28, Article 29 first paragraph)

Fourth, in the drinking water protection zones quasi proactive protective measures. Revised draft stipulates that local governments above the county level shall take according to the actual need to protect drinking water sources in quasi-protection zones engineering measures or build ecological protection measures wetlands, water conservation forest, etc., to prevent water pollutants directly into the drinking water ensure the safety of drinking water. (Article 31)

Sixth, strengthen the prevention and control of pollution of inland ships

In order to strengthen the prevention and control of pollution of inland vessels, to reduce the operational activities and reduce ship pollution of inland waters, the draft amendments mainly made to modify the following three aspects:

First, anti-pollution measures are clearly a ship to be taken. Revised draft stipulates that the ship should configure the appropriate antipollution equipment and facilities, holds a valid and effective to prevent pollution of marine environment certificates and documents; involving emissions of job, to strictly abide by the rules and truthfully described. (Article 51)

The second is to strengthen the management of ship pollutants, waste disposal units. Revised draft provisions, ports, docks, loading and unloading station and ship repair plant to be equipped with adequate vessel pollutants and waste reception facilities; in ship pollutants, waste reception job or engage in loading of oil pollution hazardous cargo tank cleaning unit operations, should possess corresponding capabilities. (Article 52)

The third is to strengthen the operations of the ship pollution monitoring. Revised draft stipulates that ship receives job residual, oily wastewater, pollution hazardous cargo residues, or for loading oil pollution hazardous cargo cabin cleaning operations; ship transfer operations of bulk liquid cargo and hazardous contamination ship dismantling the water, fishing or other water, underwater ship construction job, the job should be reported to the marine administrative authority. Fishing vessels fishing in waters of water dismantling activities should be reported to the job fisheries authorities for approval. (Article 53)

Seven, enhanced water pollution emergency response capacity

To further enhance the emergency response capacity of water pollution, water pollution accidents to reduce the harm caused to the environment, the revised draft was revised following four main areas:

First, management at different levels of water pollution accidents. According to the draft amendments to the degree of harm, the scope of the other factors, especially the water pollution accident into a major water pollution accidents, major water pollution accidents, large accident and general water pollution water pollution accident four. (Article 59)

Second, a clear preparation of the subject and content of the water pollution accident emergency plan. Revised draft stipulates that people''s governments above the county level environmental protection departments in conjunction with relevant departments of water pollution emergency plans. Contingency plans should include: the composition of emergency response agencies and departments of the division of responsibilities, organize emergency personnel, training, emergency measures to deal with the accident investigation, reporting and handling procedures, accident warning, emergency communications, technical support and emergency and rescue equipment , funds, materials preparation, post-accident rehabilitation and reconstruction measures and so on. (Article 60)

The third is to strengthen the organization and leadership of the water pollution incident response. Revised draft regulations, water pollution accidents occurred in general or larger, the relevant municipal people''s government at the county level and districts should set up water pollution emergency command structure; significant or particularly serious water pollution accidents, the relevant provinces, autonomous regions and municipalities governments should set up a water pollution accident emergency response command; if necessary, the State Council may set up a water pollution accident emergency response command. (Article 61.1)

Fourth, improve water pollution incident reporting system. Revised draft stipulates that enterprises and institutions caused or may cause water pollution accident, above the county level people''s government or the local environmental protection department shall immediately report the accident occurred; relevant local governments and environmental protection departments to report according to the provisions accident, next announcement might be endangered or the relevant local government and units. Causing fishery pollution accident or fishing vessel caused by water pollution accident, report the accident to the fisheries authority of the land; other ships water pollution accidents, maritime agency reports to the management of the accident occurred. (Article 62)

Eight, increase penalties and improve the legal responsibility

In order to increase the cost of illegal water pollution, and enhance the deterrent effect of the violations, to solve the "law-abiding high cost, low-cost illegal" problem, in the revised draft legal responsibility to do some of the major provisions of the following five aspects:

First, the unfinished key water pollutant control targets local people''s government, violation of this law seriously pollute the water environment of the enterprise, to be published on a regular basis. (Article 68)

Second, use a combination of administrative punishment means to increase administrative penalties. Depending on the revised draft violations, ordered to correct the provisions shall be ordered to stop illegal activities, fine, temporary crew competency certificates, ordered to cease, and other measures ordered to shut down, and to ask the persons in charge and other directly responsible personnel directly responsible shall be punished. (Article 67, Article 69 to 83)

Third, improve administrative measures to strengthen law enforcement methods of environmental protection authorities. Revised draft will be ordered within the specified period, suspend production for rectification and other administrative coercive powers given to the environmental protection department. (Article 72)

The fourth is to strengthen the civil liability and responsibility of governance illegal polluters. Revised draft stipulates that suffered losses due to water pollution hazard units and individuals the right to request elimination of the hazard virulence and damages. (Article 7.2) victims may request the environmental protection departments to deal with liability and compensation disputes, and to be the people''s court. (Article 85 first paragraph) illegal polluters should take control measures to eliminate pollution, fails to take control measures, environmental protection departments have the ability to specify the units on behalf of management, the cost borne by the offender. (Article 78, Article 79, Article 81, Article 83)

Fifth, on the basis of strengthening the administrative and civil liability on the revised draft stipulates that the illegal discharge of pollutants causing water pollution accident units and individuals, as well as cause serious irresponsible state personnel major environmental pollution accident, a crime and it must be held criminally responsible. (Article 66, Article 67, Article 78, Article 79, Article 83)

"People''s Republic of China Water Pollution Control Act (Revised Draft)" and the appropriateness of the above description, please consider.

　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　　
　　　　　　　　　　　　　　　　　　　 　　　　　　　　　　Date : 12/11/2007