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| ORDER OF THE PRESIDENT OF THE PEOPLE'S REPUBLIC OF CHINA | | 中华人民共和国主席令 |
No. 66 | |
（第六十六号） |
The Decision of the Standing Committee of the National People's Congress on Revising the Law of the People's Republic of China on Prevention and Control of Water Pollution, adopted at the 19th Meeting of the Standing Committee of the Eighth National People's Congress of the People's Republic of China on May 15, 1996, is hereby promulgated and shall enter into force as of the date of promulgation. | |
《全国人民代表大会常务委员会关于修改＜中华人民共和国水污染防治法＞的决定》已由中华人民共和国第八届全国人民代表大会常务委员会第十九次会议于1996年5月15日通过，现予公布，自公布之日起施行。 |
Jiang Zemin | |
中华人民共和国主席 江泽民 |
President of the People's Republic of China | |
1996年5月15日 |
May 15, 1996 | |
全国人民代表大会常务委员会关于修改 |
DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS ON REVISING THE LAW OF THE PEOPLE'S REPUBLIC OF CHINA ON PREVENTION AND CONTROL OF WATER POLLUTION | |
《中华人民共和国水污染防治法》的决定 |
(Adopted at the 19th Meeting of the Standing Committee of the Eighth National People's Congress on May 15, 1996, promulgated by Order No. 66 of the President of the People's Republic of China on May 15, 1996 and effective as of the date of promulgation) | |
（1996年5月15日第八届全国人民代表大会常务委员会第十九次会议通过） |
At its 19th Meeting the Standing Committee of the Eighth National People's Congress decides to revise the Law of the People's Republic of China on Prevention and Control of Water Pollution as follows: | |
第八届全国人民代表大会常务委员会第十九次会议决定对《中华人民共和国水污染防治法》作如下修改： |
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| 1. The second paragraph of Article 7 is revised as follows: "The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may establish their own local standards for the items that are not specified in the national standards for discharge of water pollutants. With regard to the items that are already specified in the national standards for discharge of water pollutants, they may establish more stringent local standards than the national standards. All local standards must be reported to the environmental protection department under the State Council for the record." | | 一、第七条第二款修改为：“省、自治区、直辖市人民政府对国家水污染物排放标准中未作规定的项目，可以制定地方水污染物排放标准；对国家水污染物排放标准中已作规定的项目，可以制定严于国家水污染物排放标准的地方水污染物排放标准。地方水污染物排放标准须报国务院环境保护部门备案。” |
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| 2. One article is added as Article 10: "To prevent and control water pollution, it is necessary to make unified plans on the basis of river basins or regions. Plans for preventing and controlling water pollution of basins of major rivers, designated as such by the State, shall be formulated by the environmental protection department under the State Council, together with the competent department of planning, water conservancy administration department and other departments concerned as well as the people's governments of relevant provinces, autonomous regions and municipalities directly under the Central Government, and shall be submitted to the State Council for approval. | | 二、增加一条，作为第十条：“防治水污染应当按流域或者按区域进行统一规划。国家确定的重要江河的流域水污染防治规划，由国务院环境保护部门会同计划主管部门、水利管理部门等有关部门和有关省、自治区、直辖市人民政府编制，报国务院批准。 |
"Plans for preventing and controlling water pollution of basins of other rivers that run across provinces or counties shall be formulated, in line with the plans for preventing and controlling water pollution of basins of major rivers, designated as such by the State, and in light of actual local conditions, by the environmental protection departments of the people's governments at or above the provincial level, together with the water conservancy administration departments and other departments concerned as well as the relevant local people's governments, and shall be submitted to the State Council or the people's governments at the provincial level for approval. Plans for preventing and controlling water pollution of basins of other rivers that run across counties but not provinces shall be submitted by the people's government of the province concerned to the State Council for the record. | |
“其他跨省、跨县江河的流域水污染防治规划，根据国家确定的重要江河的流域水污染防治规划和本地实际情况，由省级以上人民政府环境保护部门会同水利管理部门等有关部门和有关地方人民政府编制，报国务院或者省级人民政府批准。跨县不跨省的其他江河的流域水污染防治规划由该省级人民政府报国务院备案。 |
"Plans for preventing and controlling water pollution, once approved, shall serve as the essential basis for prevention and control of water pollution, and any modification of such plans shall be subject to approval of the original departments that approved the plans. | |
“经批准的水污染防治规划是防治水污染的基本依据，规划的修订须经原批准机关的批准。 |
"Local people's governments at or above the county level shall, in accordance with the approved plans for preventing and controlling water pollution of river basins, organize people to work out plans for preventing and controlling water pollution for their own administrative regions and incorporate such plans in the long-term, medium-term and annual plans of their administrative regions for national economic and social development." | |
“县级以上地方人民政府，应当根据依法批准的江河流域水污染防治规划，组织制定本行政区域的水污染防治规划，并纳入本行政区域的国民经济和社会发展中长期和年度计划。” |
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| 3. The third paragraph of Article 13 is revised as follows: "The facilities for prevention and control of water pollution must be designed, constructed and put to use or into operation simultaneously with the main part of a construction project. Such facilities must be inspected by the environmental protection department. If they do not conform to the specified requirements, the said project shall not be permitted to be put into operation or to use." | | 三、第十三条第三款修改为：“建设项目中防治水污染的设施，必须与主体工程同时设计，同时施工，同时投产使用。防治水污染的设施必须经过环境保护部门检验，达不到规定要求的，该建设项目不准投入生产或者使用。” |
One paragraph is added as the fourth paragraph: "An environmental impact statement shall contain comments and suggestions of the units and residents in the place where the construction project is located." | |
增加一款作为第四款：“环境影响报告书中，应当有该建设项目所在地单位和居民的意见。” |
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| 4. The second paragraph of Article 14 is revised as follows: "The enterprises and institutions mentioned in the preceding paragraph shall report without delay any substantial change in the categories, quantities or concentrations of the pollutants discharged. Their facilities for treating water pollutants must be kept in normal operation; when such facilities are to be dismantled or left idle, the matter must be reported in advance to the environmental protection department of the local people's government at or above the county level for approval." | | 四、第十四条第二款修改为：“前款规定的排污单位排放水污染物的种类、数量和浓度有重大改变的，应当及时申报；其水污染物处理设施必须保持正常使用，拆除或者闲置水污染物处理设施的，必须事先报经所在地的县级以上地方人民政府环境保护部门批准。” |
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| 5. The words in Article 15 which read: "and shall assume responsibility to eliminate and control the pollution" are deleted. Two paragraphs are added as the second and third paragraph: "The fees paid for pollutant discharge and for excess discharge must be used for prevention and control of water pollution and may not be used for any other purposes. | | 五、第十五条删去“并负责治理”几个字。增加两款，分别作为第二款、第三款：“排污费和超标准排污费必须用于污染的防治，不得挪作他用。 |
"Enterprises and institutions that discharge pollutants in excess of the standards must work out plans to make the discharge conform to the standards, and shall submit, for the record, such plans to the environmental protection department of the local people's government at or above the county level in the place where they are located." | |
“超标准排污的企业事业单位必须制定规划，进行治理，并将治理规划报所在地的县级以上地方人民政府环境保护部门备案。” |
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| 6. One article is added as Article 16: "With regard to water bodies where the standards for water environment quality established by the State still cannot be attained although the discharge of water pollutants has conformed to the discharge standards, the people's governments at or above the provincial level may institute a system for control of the total discharge of major pollutants, and a system for making an estimate before deciding on the quantity of major pollutants to be discharged by an enterprise that is charged with the task of reducing its discharge. Specific measures shall be formulated by the State Council." | | 六、增加一条，作为第十六条：“省级以上人民政府对实现水污染物达标排放仍不能达到国家规定的水环境质量标准的水体，可以实施重点污染物排放的总量控制制度，并对有排污量削减任务的企业实施该重点污染物排放量的核定制度。具体办法由国务院规定。” |
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| 7. One article is added as Article 17: "The environmental protection department under the State Council may, together with the water conservancy administration department under the State Council and the provincial people's government concerned and in light of the utilization functions determined by the State for water bodies of major river basins as well as the economic and technological conditions of the related regions, establish water environment quality standards applicable to water bodies of such major river basins within the provincial boundaries, and such standards shall be put into practice after being reported to and approved by the State Council." | | 七、增加一条，作为第十七条：“国务院环境保护部门会同国务院水利管理部门和有关省级人民政府，可以根据国家确定的重要江河流域水体的使用功能以及有关地区的经济、技术条件，确定该重要江河流域的省界水体适用的水环境质量标准，报国务院批准后施行。” |
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| 8. One article is added as Article 18: "Water resources protection agencies for major river basins determined as such by the State shall be responsible for monitoring the water environment quality conditions of such river basins within the boundaries of the provinces where they are located and shall, without delay, report the monitoring findings to the environmental protection department under the State Council and the water conservancy administration department under the State Council; where there are leading bodies for protection of water resources of the river basins that are set up with the approval of the State Council, such findings shall, without delay, be reported to those leading bodies." | | 八、增加一条，作为第十八条：“国家确定的重要江河流域的水资源保护工作机构，负责监测其所在流域的省界水体的水环境质量状况，并将监测结果及时报国务院环境保护部门和国务院水利管理部门；有经国务院批准成立的流域水资源保护领导机构的，应当将监测结果及时报告流域水资源保护领导机构。” |
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| 9. Article 10 is changed to be Article 19 and revised as follows: "Urban sewage shall be centrally treated. "Relevant departments under the State Council and the local people's governments at various levels must incorporate protection of urban water sources and prevention and control of urban water pollution in their respective plans for urban construction, construct and improve networks of urban drainage pipelines, construct facilities for central treatment of urban sewage according to plans, and improve all-round treatment and control of urban water environment. | | 九、第十条改为第十九条，修改为：“城市污水应当进行集中处理。 |
"Facilities for central treatment of urban sewage shall be, according to State regulations, provided for use with compensation, that is, a sewage treatment fee shall be collected so as to ensure normal operation of the facilities. Those who discharge sewage to the central treatment facilities and pay the fees for sewage treatment shall be exempted from the pollutant discharge fee. Sewage treatment fees collected shall be used for the construction and operation of the facilities for central treatment of urban sewage and may not be used for other purposes. | |
“国务院有关部门和地方各级人民政府必须把保护城市水源和防治城市水污染纳入城市建设规划，建设和完善城市排水管网，有计划地建设城市污水集中处理设施，加强城市水环境的综合整治。 |
"Specific measures for collection, control and use of the fees for the facilities for central treatment of urban sewage shall be formulated by the State Council." | |
“城市污水集中处理设施按照国家规定向排污者提供污水处理的有偿服务，收取污水处理费用，以保证污水集中处理设施的正常运行。向城市污水集中处理设施排放污水、缴纳污水处理费用的，不再缴纳排污费。收取的污水处理费用必须用于城市污水集中处理设施的建设和运行，不得挪作他用。 |
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“城市污水集中处理设施的污水处理收费、管理以及使用的具体办法，由国务院规定。” |
| 10. One article is added as Article 20: "The people's governments at or above the provincial level may delineate surface sources protection zones for domestic and drinking water according to law. Such protection zones shall be divided into first-grade protection zones and protection zones of other grades. Certain water areas and land-based areas near the intakes of domestic and drinking surface water sources may be delineated as the first-grade protection zones. Certain water areas and land-based areas beyond the first-grade protection zones may be delineated as protection zones of other grades. Protection zones of all grades shall be indicated by clear geographic demarcations. | |
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"It is forbidden to discharge sewage into water bodies within the first- grade surface sources protection zones for domestic and drinking water. | | 十、增加一条，作为第二十条：“省级以上人民政府可以依法划定生活饮用水地表水源保护区。生活饮用水地表水源保护区分为一级保护区和其他等级保护区。在生活饮用水地表水源取水口附近可以划定一定的水域和陆域为一级保护区。在生活饮用水地表水源一级保护区外，可以划定一定的水域和陆域为其他等级保护区。各级保护区应当有明确的地理界线。 |
"It is forbidden to travel, swim or carry out other activities within the first-grade surface sources protection zones for domestic and drinking water that may possibly cause pollution to the water body. | |
“禁止向生活饮用水地表水源一级保护区的水体排放污水。 |
"It is forbidden to construct or expand within the first-grade surface sources protection zones for domestic and drinking water, any projects that have noting to do with water supply facilities and protection of water sources. | |
“禁止在生活饮用水地表水源一级保护区内从事旅游、游泳和其他可能污染生活饮用水水体的活动。 |
"With regard to sewage outlets already built in the first-grade surface sources protection zones for domestic and drinking water, the people's governments at or above the county level shall, pursuant to the limits of power authorized by the State Council, order that they be dismantled or treated within a time limit. | |
“禁止在生活饮用水地表水源一级保护区内新建、扩建与供水设施和保护水源无关的建设项目。 |
"The protection of ground sources for domestic and drinking water shall be strengthened. | |
“在生活饮用水地表水源一级保护区内已设置的排污口，由县级以上人民政府按照国务院规定的权限责令限期拆除或者限期治理。 |
"Specific measures for protection of domestic and drinking water sources shall be formulated by the State Council. | |
“对生活饮用水地下水源应当加强保护。 |
The phrase in Article 12 which reads: "domestic and drinking water sources" is deleted. | |
对生活饮用水水源保护的具体办法由国务院规定。” |
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删去第十二条中的“生活饮用水源地”一词。 |
| 11. One article is added as Article 22: "Enterprises shall employ clean production techniques that facilitate high utilization efficiency of raw and semi-finished materials and reduced discharge of pollutants and improve management to decrease water pollutants. | |
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"The State shall institute a system for eliminating outdated production techniques and equipment which seriously pollute the water environment. | | 十一、增加一条，作为第二十二条：“企业应当采用原材料利用效率高、污染物排放量少的清洁生产工艺，并加强管理，减少水污染物的产生。 |
"The competent department for comprehensive economic and trade affairs under the State Council shall, together with the relevant departments under the State Council, publish the catalogue for techniques which seriously pollute the water environment and for stopping the use of which a time limit is fixed, as well as the catalogue of equipment which seriously pollute the water environment and for stopping the manufacture, sale, import and use of which a time limit is fixed. | |
“国家对严重污染水环境的落后生产工艺和严重污染水环境的落后设备实行淘汰制度。 |
"Manufacturers, sellers, importers and users must, within the time limit fixed by the competent department for comprehensive economic and trade affairs under the State Council together with the relevant departments under the State Council, stop manufacturing, selling, importing or using the equipment listed in the catalogue mentioned in the preceding paragraph. Users of the production techniques listed in the catalogue mentioned in the preceding paragraph must stop using such production techniques within the time limit fixed by the competent department for comprehensive economic and trade affairs under the State Council together with relevant departments under the State Council. | |
“国务院经济综合主管部门会同国务院有关部门公布限期禁止采用的严重污染水环境的工艺名录和限期禁止生产、禁止销售、禁止进口、禁止使用的严重污染水环境的设备名录。 |
"No equipment that has been eliminated according to the provisions of the preceding two paragraphs may be transferred to others for use." | |
“生产者、销售者、进口者或者使用者必须在国务院经济综合主管部门会同国务院有关部门规定的期限内分别停止生产、销售、进口或者使用列入前款规定的名录中的设备。生产工艺的采用者必须在国务院经济综合主管部门会同国务院有关部门规定的期限内停止采用列入前款规定的名录中的工艺。 |
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“依照前两款规定被淘汰的设备，不得转让给他人使用。” |
| 12. One article is added as Article 23: "The State shall forbid construction of any small enterprises, devoid of measures for prevention and control of water pollution, that seriously pollute the water environment, such as chemical pulp mills, printing and dyeing mills, dyestuff mills, tanneries, electroplating factories, oil refineries and pesticides manufacturers." | |
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| | 十二、增加一条，作为第二十三条：“国家禁止新建无水污染防治措施的小型化学制纸浆、印染、染料、制革、电渡、炼油、农药以及其他严重污染水环境的企业。” |
| 13. One article is added as Article 26: "Disputes over water pollution involving two or more administrative regions shall be settled through consultation by the local people's governments concerned, or through mediation by their people's government at a higher level." | |
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| | 十三、增加一条，作为第二十六条：“跨行政区域的水污染纠纷，由有关地方人民政府协商解决，或者由其共同的上级人民政府协调解决。” |
| 14. Article 20 is changed to be Article 28 and one paragraph is added as the second paragraph: "Where a pollution accident occurs to fishery, the matter shall be investigated and handled by the fishery supervision and administration department." | |
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| 15. One article is added as Article 39: "The administrative departments for agriculture and other departments concerned of the local people's governments at or above the county level shall take measures to provide guidance to agricultural producers as to how to apply fertilizers and pesticides scientifically and rationally, so as to prevent their excessive use and water pollution." | |
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| | 十五、增加一条，作为第三十九条：“县级以上地方人民政府的农业管理部门和其他有关部门，应当采取措施，指导农业生产者科学、合理地施用化肥和农药，控制化肥和农药的过量使用，防止造成水污染。” |
| 16. One article is added as Article 47: "If any unit, in violation of the provisions of the third paragraph of Article 13 of this Law, puts into production or to use a construction project for which the construction of facilities for prevention and control of water pollution has not been completed or whose facilities for prevention and control of water pollution fail to meet the requirements laid down by the State, the environmental protection department that approved the environmental impact statement of the said project shall order the unit to suspend production or use, and may also impose a fine on it." | |
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Sub-paragraph (2) of Article 37 is deleted. | | 十六、增加一条，作为第四十七条：“违反本法第十三条第三款规定，建设项目的水污染防治设施没有建成或者没有达到国家规定的要求，即投入生产或者使用的，由批准该建设项目的环境影响报告书的环境保护部门责令停止生产或者使用，可以并处罚款。” |
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删去第三十七条第二项。 |
| 17. One article is added as Article 48: "If any pollutant discharging unit, in violation of the provisions of the second paragraph of Article 14 of this Law, intentionally does not use the water pollutant treatment facilities in a normal manner, or dismantles or lays idle such facilities without approval of the environmental protection department and thus discharges pollutants in excess of the standards, the environmental protection department of the local people's government at or above the county level shall order the unit to restore the normal use or to re-install and use the facilities within a time limit, and may also impose a fine on it." | |
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| | 十七、增加一条，作为第四十八条：“违反本法第十四条第二款规定，排污单位故意不正常使用水污染物处理设施，或者未经环境保护部门批准，擅自拆除、闲置水污染物处理设施，排放污染物超过规定标准的，由县级以上地方人民政府环境保护部门责令恢复正常使用或者限期重新安装使用，并处罚款。” |
| 18. One article is added as Article 49: "If any unit, in violation of the provisions of the fourth paragraph of Article 20 of this Law, constructs or expands, within a first-grade surface sources protection zone for domestic and drinking water, the people's government at or above the county level shall, pursuant to the limits of power authorized by the State Council, order the unit to suspend operation or to close down." | |
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| | 十八、增加一条，作为第四十九条：“违反本法第二十条第四款规定，在生活饮用水地表水源一级保护区内新建、扩建与供水设施和保护水源无关的建设项目的，由县级以上人民政府按照国务院规定的权限责令停业或者关闭。” |
| 19. One article is added as Article 50: "If any unit, in violation of the provisions of Article 22 of this Law, manufactures, sells imports or uses equipment that is prohibited from being manufactured, sold, imported or used or employs production techniques that are prohibited from being employed, the competent department for comprehensive economic and trade affairs of the people's government at or above the county level shall order to set it right; if the violation is serious, the competent department for comprehensive economic and trade affairs of the people's government at or above the county level shall submit a proposal to the people's government at the same level that it, within the limits of its power authorized by the State Council, order the unit to suspend operation or to close down." | |
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| | 十九、增加一条，作为第五十条：“违反本法第二十二条规定，生产、销售、进口或者使用禁止生产、销售、进口、使用的设备，或者采用禁止采用的工艺的，由县级以上人民政府经济综合主管部门责令改正；情节严重的，由县级以上人民政府经济综合主管部门提出意见，报请同级人民政府按照国务院规定的权限责令停业、关闭。” |
| 20. One article is added as Article 51: "If, in violation of the provisions of Article 23 of this Law, a small enterprise devoid of water pollution prevention and control measures is constructed and thus it causes severe pollution to the water environment, the people's government of the city or county where it is located or the people's government at a higher level shall order it to close down." | |
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| | 二十、增加一条，作为第五十一条：“违反本法第二十三条规定，建设无水污染防治措施的小型企业，严重污染水环境的，由所在地的市、县人民政府或者上级人民政府责令关闭。” |
| 21. Article 39 is changed to be Article 53 and revised as follows: "If a pollutant discharging unit, in violation of the provisions of this Law, causes a water pollution accident, the environmental protection department of the people's government at or above the county level in the place where the accident occurs shall, in light of the consequent damage and loss, impose a fine on it. | |
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"If a unit causes a fishery pollution accident or a ship causes a water pollution accident, the fishery supervision and administration department or the navigation administration office of the communications department in the place where the accident occurs shall impose a fine on the unit or ship in light of the consequent damage and loss. | | 二十一、第三十九条改为第五十三条，修改为：“违反本法规定，造成水污染事故的排污单位，由事故发生地的县级以上地方人民政府环境保护部门根据所造成的危害和损失处以罚款。 |
"If a water pollution accident is relatively serious, the persons who are responsible for the accident shall be given administrative sanctions by the unit to which they belong or by the competent department at a higher level." | |
“造成渔业污染事故或者船舶造成水污染事故的，分别由事故发生地的渔政监督管理机构或者交通部门的航政机关根据所造成的危害和损失处以罚款。 |
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“造成水污染事故，情节较重的，对有关责任人员，由其所在单位或者上级主管机关给予行政处分。” |
| 22. One article is added as Article 58: "If any supervisor or administrator from the environmental protection department or any other State functionary abuses his power, neglects his duty or engages in malpractice for personal gain, the unit to which he belongs or the competent department at a higher level shall give him an administrative sanction; if a crime is constituted, he shall be investigated for criminal responsibility according to law." | |
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| | 二十二、增加一条，作为第五十八条：“环境保护监督管理人员和其他有关国家工作人员滥用职权、玩忽职守、徇私舞弊的，由其所在单位或者上级主管机关给予行政处分；构成犯罪的，依法追究刑事责任。” |
| 23. One article is added as Article 59: "The standing committees of the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government shall, with reference to the principles of this Law, formulate control measures governing discharge of pollutants by private industrialists and businessmen who cause serious pollution." | |
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This Decision shall go into effect as of the date of its promulgation. | | 二十三、增加一条，作为第五十九条：“对个体工商户向水体排放污染物，污染严重的，由省、自治区、直辖市人民代表大会常务委员会参照本法规定的原则制定管理办法。” |
The Law of the People's Republic of China on Prevention and Control of Water Pollution shall be revised correspondingly according to this Decision and promulgated anew. | |
本决定自公布之日起施行。 |
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《中华人民共和国水污染防治法》根据本决定作相应的修正，重新公布。 |
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