DALIAN CHINA DALIAN CHINA
Measures for the Administration of Urban Drainage and Sewage Disposal of Dalian City (Order No. 153)
2018-05-31

Dalian Municipal People's Government Order (No. 153)

Measures for the Management of Urban Drainage and Sewage Disposal of Dalian City was adopted by the 10th executive meeting of the 16th Dalian municipal people's government on May 3, 2018 and is hereby promulgated. It shall come into force as of July 1, 2018.

Mayor: Tan Chengxu

May 23, 2018

Measures for the Administration of Urban Drainage and Sewage Disposal of Dalian City

Chapter I General

Article 1 In order to strengthen the management of urban drainage and sewage treatment, ensure the safe operation of urban drainage and sewage treatment facilities, and prevent urban water pollution and waterlogging disasters, these measures are formulated in accordance with Regulations on Urban Drainage and Sewage Disposal and Administrative Regulations of Dalian Municipal Facilities and the actual situation of this municipality.

Article 2 These Measures shall apply to the planning and construction of urban drainage and sewage treatment, the maintenance and safety of facilities, drainage management, sewage treatment and related management activities within the administrative area of this Municipality.

Article 3 The competent municipal department of city and district (city) county construction shall be responsible for the supervision and administration of urban drainage and sewage treatment within its own administrative area (hereinafter referred to as the competent drainage department) according to the prescribed authority. The relevant work may be implemented by the urban drainage and sewage treatment management agency (hereinafter referred to as the drainage management agency).

The dispatched agencies of the Municipal People's Government with administrative functions shall be responsible for the management of urban drainage and wastewater treatment within the area according to their authorization.

The relevant departments of the municipal and district (city) county people's governments shall be responsible for the work related to the management of urban drainage and sewage treatment within the scope of their respective duties.

Article 4 Urban drainage and sewage treatment shall follow the principles of respecting nature, overall planning, supporting construction, security and comprehensive utilization.

Article 5 The construction funds for urban drainage and sewage treatment facilities invested by the government shall be incorporated into the government investment plan.

The maintenance and operation costs of urban drainage and sewage treatment facilities organized and managed by the drainage competent department shall be incorporated into the annual urban maintenance fee plan in accordance with the law.

Encourage social funds to participate in the construction, operation and maintenance of urban drainage and sewage treatment facilities.

Article 6 Encourage the use of new technologies, new materials, new processes, and new equipment in urban drainage and sewage treatment to support scientific and technological research on urban drainage and sewage treatment, and to improve the level of urban drainage and sewage treatment.

Chapter II Planning and Construction

Article 7 The competent drainage authority shall, in conjunction with the relevant departments, formulate plans for urban drainage and sewage treatment in the administrative area based on relevant overall plans and relevant special plans in combination with the natural geographical environment, ecological environment and the level of economic and social development of the city. Take these plans into actions after being reported to the people's government at the corresponding level for approval and report these to the competent drainage authority at the next level for record.

The plans for urban drainage and sewage treatment that have been approved for publication and implementation shall not be changed without authorization; for those that need to be modified due to economic and social development, they shall be submitted for approval in accordance with the original examination and approval procedures.

Article 8 The planning of urban drainage and sewage treatment shall include the targets and standards for drainage and sewage treatment, drainage and drainage modes, sludge treatment, sewage recycling and utilization, waterlogging prevention and control, etc.

The prevention and control of waterlogging should consider comprehensively factors such as rainfall patterns and waterlogging risk in heavy rain, to reasonably arrange rainwater stagnation, storage and forced drainage facilities.

Article 9 The urban drainage and sewage treatment facility construction land determined by the urban drainage and sewage treatment plan shall not be used without authorization.

Article 10 The competent drainage authority shall formulate an annual plan for the construction and renovation of urban drainage and sewage treatment facilities in accordance with the urban drainage and sewage treatment plan and the requirements for the construction of a sponge city. After being reported to the people's government at the same level, it shall be organized and implemented.

Article 11 The entities engaged in the exploration, design, construction and supervision of urban drainage and sewage treatment facilities shall have corresponding qualifications, and the relevant professional and technical personnel shall obtain the practice qualification according to law.

Article 12 The construction projects of urban drainage and sewage treatment facilities and other construction projects that need to be connected to the municipal drainage network shall meet the requirements of urban drainage and sewage treatment planning and construction of sponge city, and shall be implemented strictly in accordance with the relevant provisions, standards and technical specifications of the state.

The competent department of urban and rural planning shall solicit the opinions of the competent department of drainage on whether the drainage design scheme meets the requirements when issuing the construction land planning permit according to law for the construction projects specified in the preceding paragraph. Drainage authorities should submit their opinions within five working days.

Article 13 The construction of urban drainage and sewage treatment facilities shall be subject to the formalities of project quality supervision in accordance with the relevant regulations of the state.

The construction unit shall do a good job in the quality inspection and record of the concealed works of the urban drainage and sewage treatment facilities. Before the concealed work is concealed, the quality supervision organization of the construction project shall notify the drainage management organization if notified by the construction unit.

Article 14 Urban drainage and sewage treatment facilities that are compatible with buildings and structures shall be designed and constructed simultaneously with the main body of the project, and shall not be put into use until they have passed the examination.

The construction unit shall, in accordance with the law, organize the acceptance of the construction of urban drainage and sewage treatment facilities, and shall invite drainage management agencies to participate.

Article 15 The construction and renovation of urban roads and the renovation of old urban areas shall be carried out simultaneously with the construction and renovation of rainwater and sewage diversion facilities. In areas where rainwater and sewage diversion has been implemented, rainwater pipe networks and sewage pipe networks are not allowed to mix or discharge sewage into rainwater pipe networks.

Article 16 Buildings, structures, residential quarters, roads, parking lots, squares, parks, greenbelts, etc. shall, in accordance with the requirements of sponge city construction, be equipped with rainwater collection, purification and utilization facilities to reduce rainwater runoff and improve rainwater storage, infiltration and absorption capacity.

The construction of rainwater infiltration storage and utilization facilities should comprehensively consider rainwater runoff reduction, runoff pollution control and rainwater resource utilization.

Chapter III Facilities Conservation and Safety

Article 17 Where newly built, renovated or expanded urban drainage and sewage treatment facilities apply to the drainage management institution for transfer according to law and meet the relevant conditions, the drainage management institution shall handle the transfer formalities in a timely manner and incorporate them into the municipal drainage pipe network.

Article 18 The management responsibilities of urban drainage and sewage treatment facilities shall be determined in accordance with the following provisions:

(1) The drainage department and the drainage management agency shall be responsible for the inclusion of the municipal drainage network;

(2) If it is not included in the municipal drainage network, the owner shall be responsible for it. If it is impossible to identify the owner, the user shall be responsible for it;

(3) If it is owned by the owner in a residential area, it shall be implemented in accordance with the relevant provisions for the management of shared facilities and equipment;

(4) Others who cannot determine the responsibility for management shall be determined by the local (city) county people's government.

Article 19 The administrator identified in Article 18 may act as a maintenance operator by himself or herself, and may also determine maintenance operating units that meet the requirements by means of bidding, commissioning and other methods to carry out maintenance and management of urban drainage and sewage treatment facilities.

The maintenance and management of urban drainage and sewage treatment facilities shall comply with relevant national standards and regulations.

Article 20 The maintenance and operation personnel of urban drainage and sewage treatment facilities shall, in accordance with the regulations, formulate special operation safety protection plans, equip them with protective appliances conforming to the operation regulations, take corresponding safety protection measures, and do a good job in site safety management of personnel engaged in facilities maintenance, emergency drainage, typhoon prevention, flood control, underground and confined space operations.

Article 21 the maintenance and operation personnel of urban drainage and sewage treatment facilities shall, in accordance with regulations, formulate their own emergency plans, equip them with rescue equipment and equipment, and organize regular drills.

After urban drainage and sewage treatment safety incidents or emergencies occur, the maintenance and operation personnel of urban drainage and sewage treatment facilities shall immediately start the emergency plan, take corresponding emergency rescue measures, and promptly report to the competent department of drainage and relevant departments.

Article 22 Where it is necessary to dismantle, relocate, or change urban drainage and sewage treatment facilities that have been incorporated into the municipal drainage pipe network due to engineering construction or other reasons, the construction unit shall formulate a construction plan that includes safety production measures, facilities protection measures, facilities restoration or new construction, and obtain the consent of the competent department of drainage.

If an emergency relocation or dismantling measure is urgently needed for urban drainage and sewage treatment facilities due to emergency, rescue or disaster relief, etc., the emergency, rescue, and disaster relief work shall be resumed immediately after completion and the manager or maintenance operator shall be informed in a timely manner.

Article 23 The following construction activities shall be carried out within the protection scope of the urban drainage and sewage treatment facilities designated by the drainage competent authority. The construction unit shall jointly formulate the facility protection plan with the construction unit and the maintenance operator, and take corresponding safety protection measures:

(一) The distance between the edge of the foundation pit and the drainage box culvert, the outside of the pipeline or the edge of the pump station and open channel is less than three times the excavation depth of the foundation pit;

(二) the construction of buildings, structures and piles and stacking of heavy objects that exceed the carrying capacity of the foundation;

(三) Engaging in excavation where the depth exceeds the height of the pipe top;

(四) Engaging in the construction of perfusion solutions, high pressure jet grouting, etc.;

(五) Engaging in the well-point precipitation construction;

(六) Engaging in blasting;

(七) Other construction activities that may affect the safety of the facility.

Article 24 For the construction activities stipulated in Article 23, the maintenance operators of urban drainage and sewage treatment facilities may enter the implementation of the protection measures of the construction sites, and if they find that the construction activities endanger or may endanger the safety of the facilities, they shall dissuade and report to the drainage authority in a timely manner.

If the construction causes damage to urban drainage and sewage treatment facilities, compensation shall be paid in accordance with the law.

Article 25 It is forbidden to engage in the following activities that endanger the safety of urban drainage and sewage treatment facilities:

(一) damaging, gouging, blocking, stealing or illegally purchasing urban drainage and sewage treatment facilities;

(二) dismantling, rebuilding, burying, covering and occupying urban drainage and sewage treatment facilities without authorization;

(三) altering ditches, operating valves ( gates ) and pressurizing and draining urban drainage and sewage treatment facilities without authorization;

(四) discharging highly toxic, corrosive, radioactive, inflammable and explosive substances and waste water and waste residue that are liable to produce harmful gases, or dumping garbage, waste residue, excrement, construction mud, sludge, snow cover containing snow melting agent, oil stain and other sundries to urban drainage and sewage treatment facilities;

(五) illegal construction of buildings and structures or other construction activities within the scope of protection of urban drainage and sewage treatment facilities;

(六) Closing, digging pits, borrowing earth, excavating sand and gravel, reclaiming land, blocking dams, damming dams, blocking water, installing pumps, and stacking materials within the ditch (river) canal and its protection scope;

(七) Other acts that endanger the safety of urban drainage and sewage treatment facilities.

Article 26 In case of failure, damage or other unsafe operation of urban drainage and sewage treatment facilities due to illegal operations, accidents, poor management and other reasons, immediate measures shall be taken to stop drainage or other measures to protect the site. If the site belongs to the municipal drainage pipe network, the drainage management institution shall be reported. If sewage containing corrosive, radioactive, inflammable, explosive and other toxic and harmful substances exceeding the standards is discharged into urban drainage and sewage treatment facilities, necessary measures shall also be taken to prevent the harm from expanding.

Units and individuals that cause breakdown or damage to urban drainage and sewage treatment facilities shall be liable for compensation according to law.

Article 27 The drainage management agency shall establish an inspection system and strengthen the daily supervision of the management and maintenance operations of urban drainage and sewage treatment facilities.

Chapter IV Drainage Management

Article 28 If the drainage lines for the extensions of urban buildings require access to the municipal drainage network, the construction unit shall submit the following materials to the competent drainage authority:

(一) Plan location map of the project;

(二) Indoor and outdoor drainage plans of the project;

(三) Quality certification for self-built pipeline materials;

(四) Construction plans including safety production measures;

(五) qualification certificate of the construction unit;

(六) the commitment to production safety;

(七) Other materials prescribed by laws and regulations.

If the materials submitted by the applicant are complete and valid, the drainage authority shall make a decision within 15 working days from the date of accepting the application. If access is granted, the applicant shall be instructed to carry out the connection construction according to the well location, caliber, elevation and method that conform to the regulations, and shall be opened for use after passing the acceptance. If access is not allowed, a written explanation shall be given.

Article 29 Within the scope of the municipal drainage pipe network, enterprises, institutions and individual industrial and commercial households engaged in industrial, construction, catering, medical and other activities (hereinafter referred to as drainage households) shall apply to the competent department of drainage for a drainage permit in accordance with the law and discharge sewage into the municipal drainage pipe network in accordance with the requirements of the permit.

If a construction project needs to temporarily discharge groundwater or construction waste water to the municipal drainage pipe network due to construction, it shall also construct corresponding pretreatment facilities in accordance with the relevant provisions of the state.

Article 30 In areas not covered by the municipal drainage network, the drainage households shall build corresponding facilities or take other effective measures in accordance with the relevant technical specifications. Discharge of sewage shall not cause pollution and damage to the environment.

Article 31 The competent department of drainage shall establish a file of the drainage households to record the discharge of water quality and water volume of the drainage households, and implement information management. The drainage monitoring agency entrusted with the qualification of measurement certification shall monitor the quality of the discharged sewage of the drainage households. The quantity of water shall be subject to the confidentiality of its technical and commercial secrets, and no fees may be charged.

Drainage households shall cooperate with the supervision and inspection of the drainage management agency. If the quality and quantity of discharged sewage are found to be inconsistent with the regulations, they shall be rectified according to the requirements of the drainage management agency.

Article 32 If it is really necessary to interrupt the operation of urban drainage facilities for maintenance or repair operations, the maintenance operator shall promptly inform the drainage management agency and the drainage households along the line, and take corresponding measures in accordance with the requirements of the drainage management agency.

Article 33 The people's governments of cities and district (city) counties shall organize relevant departments and units to take corresponding prevention and control measures, establish early warning, consultation and linkage mechanisms for waterlogging prevention and control, and take measures such as regular dredging and dredging according to local conditions to ensure smooth drainage of rainwater.

The drainage administrative department shall establish a waterlogging risk assessment system and a post-disaster assessment system in accordance with the relevant provisions of the state, conduct a comprehensive inspection of the municipal drainage pipe network before the flood season, and add necessary compulsory drainage facilities and equipment according to the actual situation.

Article 34 The maintainers of urban drainage facilities shall, prior to the flood season, conduct a thorough inspection, maintenance, and dredging of urban drainage facilities in accordance with flood prevention requirements to ensure the safe operation of the facilities.

In the flood season or other special circumstances, the drainage households shall obey the unified scheduling of the drainage department.

Chapter V Sewage Treatment

Article 35 The competent drainage authority shall, in accordance with law, sign maintenance contracts for the maintenance and operation of urban sewage treatment facilities with qualified maintenance operators, clarifying the rights and obligations of both parties.

The maintenance and operation operators of urban sewage treatment facilities shall carry out maintenance operations in accordance with the contract, laws, regulations and relevant regulations of the state, regularly disclose relevant maintenance information to the public, and accept the supervision of the drainage authority, the competent department of environmental protection and the public.

Article 36 The urban sewage treatment facilities shall select the applicable sewage treatment process according to the scale of sewage treatment, the characteristics of the water quality of the sewage, and the environmental functions of the receiving water body, and set noise control, deodorization, disinfection, sludge treatment and disposal in accordance with the regulations. Facilities such as these are to ensure that the quality of the effluent meets the emission standards set by the state, the province and the city.

Article 37 The urban sewage treatment facilities shall set up an on-line monitoring system in accordance with the relevant regulations of the state, and shall be connected with the monitoring equipment of the competent department of environmental protection and the drainage management institution, and be regularly tested and calibrated.

Article 38 Sludge shall be used for comprehensive utilization or innocuous treatment. The pollution prevention and treatment measures for the treatment and disposal of sludge shall ensure that the sludge after treatment and disposal meets the relevant national standards. No unit or individual may dump, stack, discard, leave or dispose of sludge in a manner that does not meet the requirements.

The maintenance operators of urban sewage treatment facilities and other units that handle and dispose of sludge shall establish sludge management archives including sludge production volume, treatment and disposal volume, treatment and disposal methods, collection and transportation methods, usage, and dosage, etc., and report to the competent department of drainage and the competent department of environmental protection.

Article 39 If any of the following circumstances may affect the safe operation of urban sewage treatment facilities, the maintenance and operation person of urban sewage treatment facilities shall immediately take measures and report to the competent department of drainage and the competent department of environmental protection:

(一) major changes in the quality and quantity of incoming water or exceeding the design capacity of the sewage treatment plant, which may affect the treatment of sewage;

(二) the online monitoring system, important equipment or supporting facilities fail to operate normally;

(三) It cannot be ensured that the quality of the effluent water is up to standard due to accidents or emergencies;

(四) Other situations that may affect the safe operation of urban sewage treatment facilities.

The competent department of drainage and the competent department of environmental protection shall, immediately after receiving the report, investigate and handle the relevant situation.

Article 40 Urban sewage treatment facilities shall not be suspended without authorization. If the urban sewage treatment facilities need to be shut down or partially shut down due to the renovation, overhaul, replacement of equipment or change of production process of the urban sewage treatment facilities, the maintenance and operation person of the urban sewage treatment facilities shall report to the competent department of drainage and the competent department of environmental protection 90 days before the shutdown or partially shut down, and shall also make an announcement to the public.

Article 41 The maintenance operators of urban sewage treatment facilities shall cooperate with the inspections and inspections of the drainage management agencies and the competent department of environmental protection, provide relevant data and materials truthfully, and rectify the problems in time.

Article 42 The discharge of sewage into urban sewage treatment facilities shall be subject to payment of sewage treatment fees in accordance with the regulations of the state, province and city.

Sewage treatment fees are incorporated into local budget management according to law, and are specifically used for the operation of urban sewage treatment facilities and sludge treatment and disposal. For special reasons, if the sewage treatment fee charged is insufficient to cover the normal operating costs of urban sewage treatment facilities, the municipal and district (city) county people's governments shall provide subsidies.

Article 43 Encourage and guide the reuse of urban sewage that complies with related standards and standards as water for industrial production, urban greening, road cleaning, vehicle flushing, construction and ecological landscape.

Chapter VI Legal Liability

Article 44 If any of the relevant laws and regulations has been punished in violation of the present Measures, such provisions shall prevail.

Article 45 If any of the following acts are in violation of these Measures, the urban drainage law enforcement organ shall order it to stop the illegal act, correct it within a time limit or take remedial measures, and give a warning; if it does not change within the time limit, it belongs to business activities and there is illegal income, a fine of no more than 30,000 yuan may be imposed. If there is no illegal income, a fine of 10,000 yuan or less may be imposed. If it is a non-business activity, it may be fined up to 1,000 yuan. If the economic loss is caused, the loss shall be compensated; where the crime is constituted, the criminal liability shall be investigated according to law.

(一) Violating the provisions of Article 18 and Article 19, failing to undertake the responsibility for the management of urban drainage and sewage treatment facilities or the maintenance management does not conform to the relevant national standards;

(二) Violating the provisions of Article 28, unauthorized access to the municipal drainage network or connection to the construction in accordance with the approved well location, caliber, elevation, method, etc., as well as the opening of the project without qualified acceptance of the completion;

(三) Violating the provisions of Article 34 and failing to comply with unified dispatch during the flood season or other special circumstances.

Article 46. The drainage administrative department, drainage management agency and its staff members who fail to perform their statutory duties, interfere with the maintenance of the operators’ normal business activities, engage in irregularities, abuse their powers, or neglect their duties shall be given administrative sanctions according to law. If a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter VII Supplementary Provisions

Article 47 The urban drainage and sewage treatment facilities referred to in these Measures shall include urban drainage facilities such as drainage pipelines, ditches with drainage functions, pumping stations, rainwater storage and discharge facilities, sewage treatment plants, sludge treatment and disposal, and sewage recycling facilities and other urban sewage treatment facilities, and related ancillary facilities.

Article 48 These Measures shall come into force on July 1, 2018.