Anhui Province Yangtze River Ship Pollution Prevention and Control Regulations

Standing Committee of the People's Congress of Anhui Province

2023 July 31, 2019

Regulations on the Prevention and Control of Ship Pollution in the Yangtze River of Anhui Province

　(Adopted at the third meeting of the Standing Committee of the 14th Anhui Provincial People's Congress on July 28, 2023)

Contents

Chapter 1 General Provisions

Chapter 2 General Provisions

Chapter 3 Prevention and Control of Water Pollution from Ships

Chapter 4 Prevention and Control of Air Pollution from Ships

Chapter Chapter Five: Pollution Prevention and Control from Ship-related Operational Activities

Chapter Six: Emergency Response to Ship Pollution Accidents

Chapter Seven: Regional Cooperation

Chapter 8 Legal Liability

Chapter 9 Supplementary Provisions

Chapter 1 General Provisions

Article 1 In order to strengthen the prevention and control of ship pollution in the Yangtze River waters and protect the ecology of the Yangtze River watersenvironment, promote the construction of ecological civilization and promote high-quality development, in accordance with the Yangtze River Protection Law of the People's Republic of China, the Water Pollution Prevention and Control Law of the People's Republic of China, the Air Pollution Prevention and Control Law of the People's Republic of China and relevant laws and administrative regulations, combined with the actual situation of the province, Enact these regulations.

Article 2: These regulations apply to the prevention and control of pollution from ships sailing and berthing in the Yangtze River waters of this province and their related operations.

The waters of the Yangtze River referred to in these regulations refer to the waters of the trunk line of the Yangtze River within the administrative region of this province, including the branch waters and the harbor waters connected to it.

Article 3 The prevention and control of ship pollution in the Yangtze River waters should implement the new development concept and adhere to the principles of prevention first, combination of prevention and control, overall coordination and comprehensive management.

Article 4 The maritime management agency established by the transportation department of the State Council (hereinafter referred to as the maritime management agency) shall supervise and manage the prevention and control of ship pollution in the Yangtze River waters of this province.

Article 5 The Provincial People’s Government shall include the prevention and control of ship pollution in the Yangtze River waters within the scope of ecological and environmental protection funds in the Yangtze River Basin.

The people's governments at or above the county level along the Yangtze River should strengthen leadership on the prevention and control of ship pollution in the Yangtze River waters, incorporate the prevention and control of ship pollution in the Yangtze River waters into ecological and environmental protection plans at the same level, and increase the number of ships in the Yangtze River waters to prevent and control ship pollution. Fund investment, and in accordance with the principle of matching fiscal powers with expenditure responsibilities, the required funds will be included in the fiscal budget of the same level.

The transportation, ecological environment, housing and urban-rural construction, urban management, development and reform departments of the people's governments at or above the county level along the Yangtze River shall, in accordance with their respective responsibilities, carry out work related to the prevention and control of ship pollution in the Yangtze River waters.

Article 6 People’s governments at or above the county level along the Yangtze River shall adopt financial support or policy support measures in accordance with regulations to support the development of the following green ports and green shipping:

(1) Upgrading and transformation of ships and terminals;

(2) Clean energy or new energy powered ship construction;

(3) Ship liquefied natural gas Construction and operation of filling stations, tank washing stations, and water green comprehensive service areas;

(4) Renovation and use of port shore power facilities and ship power receiving facilities;

(5) Reception of ship pollutants, etc.

Article 7 People’s governments at or above the county level along the Yangtze River and their relevant departments and maritime management agencies shall strengthen publicity and education on the prevention and control of ship pollution in the Yangtze River waters and enhance the awareness of the whole society on the prevention and control of ship pollution.

Any unit or individual has the right to report ships that pollute the Yangtze River water environment. Maritime administration agencies and relevant departments should investigate and verify the reported information and keep confidential the information related to the whistleblower.

Article 8 Ship owners, operators or managers, as well as relevant operating units, shall establish and improve ship pollution prevention and control responsibility systems and corresponding management systems to ensure ship pollution prevention and control funds, materials, Invest technology and personnel to improve pollution prevention and control operating conditions, strengthen pollution prevention and control informatization construction, and improve pollution prevention and control management levels.

The owner, operator or manager of the ship and the principal person in charge of the relevant operating unit are the first persons responsible for the prevention and control of ship pollution in the unit. The captain shall, in accordance with the law, prevent and control waters polluted by ships. Have independent decision-making power and bear final responsibility.

Chapter 2 General Provisions

Article 9 Ship navigation, berthing, operation, and ship washing, Operational activities such as repair, dismantling, loading and unloading, and salvage must comply with relevant laws and regulations on pollution prevention and drinking water source protection, and comply with national and provincial standards, specifications, and requirements on pollution prevention and control.

Article 10 Ports, docks, loading and unloading stations, water service areas and units engaged in ship washing, repairing, dismantling, salvage and other operations shall be equipped with corresponding pollution prevention and control equipment in accordance with regulations Facilities, equipment and equipment, and well connected with urban public transfer and disposal facilities.

Article 11 Ports, docks, loading and unloading stations, water service areas and other units shall receive pollutants from berthing ships in accordance with regulations. The reception of pollutants from ships berthed in public waters such as anchorages and berthing areas shall be coordinated and resolved by the people's governments at or above the county level where the anchorages and berthing areas are located.

Receiving domestic waste from inland river vessels and domestic sewage from inland river vessels operating at ports shall be free of charge.

Article 12 Units engaged in receiving ship pollutants shall have capabilities commensurate with their scale of operation and establishPollution prevention and control management system and strengthen operator training.

Units engaged in receiving ship pollutants should install fixed receiving facilities and receiving shipsVideo surveillance system implements dynamic monitoring of reception activities. Surveillance video data shall be retained for no less than three months.

Article 13 The people's governments of cities and counties (cities, districts) along the river shall make overall plans and build facilities for the reception, transfer and disposal of ship pollutants, and carry out ship pollution control in accordance with national regulations. Assess cargo receiving, transshipping and handling capabilities, and dynamically adjust and improve receiving, transshipping and disposal facilities based on the assessment results.

Article 14 Ship cabin washing stations shall establish and improve cabin washing safety and pollution prevention and control management systems, strengthen operator training, and publicize cabin washing charging standards.

Article 15 When ships transport, load and unload solid waste, corresponding pollution prevention and control measures shall be taken, and solid waste shall not be dumped, landfilled, stacked, discarded or disposed of in water bodies, tidal flats and bank slopes. .

People's governments at or above the county level along the Yangtze River should strengthen joint prevention and control of the illegal transfer and dumping of solid waste using ships.

Article 16: Water transportation enterprises for bulk liquid dangerous goods shall establish a shore-based monitoring system and use automatic identification systems, video surveillance systems and other information-based means to dynamically monitor their ships.

Article 17: Bulk liquid dangerous goods cargo owners and terminals are encouraged to establish a ship selection mechanism and select ships with high safety technical standards through ship selection inspection and evaluation.

Article 18 When ships are sailing, they shall use sound devices in accordance with regulations and comply with relevant requirements for the prevention and control of environmental noise pollution.

Article 19 Maritime management agencies shall establish and improve the Yangtze River ship pollution prevention and control credit rating and classification supervision mechanism in accordance with the law, standardize the collection of credit information, credit evaluation and credit repair, and implement trustworthy incentives in accordance with laws and regulations. and breach of trust constraints.

Chapter 3 Prevention and Control of Ship Water Pollution

Article 20 It is prohibited for ships to directly discharge domestic sewage and oily sewage that have not been treated or that still do not meet the discharge standards after treatment into water bodies. Ship pollutants that do not meet emission standards must be collected in categories, stored on board, and delivered to shore for disposal.

Domestic sewage discharge pipes and valves directly leading outboard from inland river vessels should be sealed or blindly disconnected. It is prohibited to restore sealed or blindly broken pipelines and valves without authorization.

If ships use anti-pollution facilities such as domestic sewage treatment devices, oil-water separators, and ballast water treatment systems, they must strengthen the maintenance of the facilities to ensure normal operation.

Article 21 Ship oily sewage, domestic sewage, etc. shall be collected and stored in accordance with relevant national regulations.

Article 22: Domestic garbage and domestic sewage from inland river vessels shall be delivered at least once every five days or each voyage, except when there is no need to deliver it due to reasonable reasons such as suspension of navigation for maintenance.

When ports, docks, loading and unloading stations, water service areas and other ship pollutant receiving units receive ship water pollutants, they shall provide electronic or paper receipt documents.

Article 23: Wharfs, loading and unloading stations, and inland river vessels shall, in accordance with the requirements of the ship-shore handover and joint inspection system for ship pollutants, first deliver pollutants before loading and unloading operations. If an inland river vessel does not need to deliver pollutants, it must proactively present the receipt document or explain the situation to the dock or loading and unloading station. If the ship's pollutants are refused to be delivered or the quantity of ship pollutants delivered is obviously abnormal, the terminal and loading and unloading station shall report the relevant situation to the local maritime administration agency.

Terminals and loading and unloading stations shall not refuse to accept pollutants from ships. If a ship finds that docks, loading and unloading stations, etc. have insufficient capacity to receive ship pollutants or refuses to receive them, the relevant situation shall be reported to the local transportation department or maritime administration agency. After receiving the report, the transportation department and maritime administration agency shall investigate and deal with it in accordance with the law.

Article 24 If ship pollutants are temporarily stored and transferred by the receiving ship, or received and pretreated through supporting facilities on board or at the port, they shall be managed as ship pollutants; after pretreatment If it still needs to be transshipped by ship, it will be managed as waterborne pollution-hazardous goods.

After receiving the tank washing water and oily sewage from the ship, it shall not be stored on the water in the form of transfer.

Encourage the pollution control of receiving shipsPretreatment and reuse of ship pollutants such as water and oily sewage.

Article 25 The delivery, reception, transshipment and disposal of ship pollutants shall be carried out in accordance with the requirements using the prescribed supervision and service information system, and a closed-loop management of joint orders shall be implemented.

The registration and use of information systems for delivery, reception, transshipment and disposal of ship pollutants shall not be fraudulent.

If domestic sewage and domestic garbage from ships are connected to the municipal pipe network or public transfer and disposal system, the disposal will be deemed to have been completed.

Article 26 Units that receive, transfer and dispose of ship pollutants shall accurately measure and truthfully record ship pollutants.

Encourage the use of smart sewage tanks, smart trash cans and other intelligent facilities and equipment to record ship pollutant information.

Article 27 During the response to natural disasters, accidents, public health and other emergencies, ships, docks, loading and unloading stations, water service areas, etc. shall implement the measures implemented by the people's government of the location of the port in accordance with the law. Emergency measures and other management measures for the delivery, reception, transshipment, disposal of ship pollutants. Wharfs, loading and unloading stations, water service areas, etc. shall not refuse or delay the receipt of ship pollutants.

Article 28 Maritime management agencies and departments of transportation, ecological environment, housing and urban-rural development, urban management, etc. shall implement the delivery, reception, transfer and disposal of ship pollutants in accordance with the law. Joint supervision.

Maritime management agencies are responsible for the supervision and management of the delivery of ship pollutants and the reception and transfer of ship pollutants through ships in accordance with the law.

The transportation department is responsible for the supervision and management of ship pollutants received through ports in accordance with the law.

The ecological environment department is responsible for the supervision and management of the onshore storage, transfer, utilization and disposal of ship pollutants and their pretreatment products that are hazardous wastes in accordance with the law.

The housing, urban and rural development, and urban management departments are responsible for the supervision and management of the shore transfer and disposal of domestic sewage and domestic garbage from ships that are included in the municipal pipe network or public transfer and disposal system in accordance with the law.

Chapter 4 Prevention and Control of Air Pollution from Ships

Article 29The people's governments of cities and counties (cities, districts) along the river shall, in accordance with port development requirements, formulate plans for the construction and renovation of port shore power facilities and ship power receiving facilities and organize their implementation to meet ship power needs.

Article 30 The construction, renovation and use of shore power facilities shall comply with relevant standards and regulatory requirements. The installation location shall comprehensively consider the effects of berths, water levels and safety to facilitate the use of berthing ships. , the power supply capacity should be adapted to the power demand of the berthing ship.

Where shore power facilities are installed, the main technical parameters and other information of the shore power facilities shall be disclosed to the public through websites and other channels, and public notice boards shall be installed in prominent locations when necessary.

If shore power facilities or ship power receiving facilities fail, they shall be repaired and recorded in a timely manner.

Article 31: Piers, loading and unloading stations, water service areas, etc. that have the conditions for shore power supply shall provide shore power to ships that have the conditions for the use of shore power. For ships using shore power, measures such as priority berthing and reduction of shore power usage service fees can be implemented.

Ships that are qualified for the use of shore power should use shore power when berthing at docks, loading and unloading stations, water service areas, etc. that are qualified for shore power supply, unless otherwise stipulated by the state.

Article 32: Ships carrying goods that easily emit toxic and harmful gases, volatile organic waste gas, dust substances, etc. shall take closure or other protective measures in accordance with regulations.

When engaging in cargo loading, unloading or bargeing operations as stipulated in the preceding paragraph, both parties shall take measures to recover toxic and harmful gases, reduce waste gas emissions, and suppress dust in accordance with national regulations during the operation.

Ships carrying cargoes that easily emit toxic and harmful gases are not allowed to use open cabin ventilation as a substitute for ship cabin washing.

Article 33 Ships shall strengthen the maintenance of main engines and auxiliary equipment and use fuel that meets national standards or requirements. Tail gas emissions shall comply with national air pollutant emission control requirements.

Ships can meet ship air pollutant emission control requirements by using new energy, clean energy, shipboard power storage devices or adopting alternative measures such as exhaust gas post-treatment.

If a ship adopts exhaust gas post-treatment measures, the wash water and residue generated must be collected and sent to the shore for disposal, and records must be kept, and shall not be discharged into the water.

Chapter 5 Pollution Prevention and Control from Ship-related Operational Activities

Article 34 Engaged in tank cleaning, tank washing, Pollutant reception, fuel supply and receipt, loading and unloading, transfer, repair, dismantling, salvage, pollution removal operations and the use of ships for water and underwater activities must comply with relevant operating procedures, take necessary pollution prevention and control measures, and handle operations in accordance with relevant regulations Pollutants generated during activities.

The operating unit shall report the operation time, operation content and other information to the maritime administration agency in accordance with regulations.

Personnel engaged in the operational activities specified in paragraph 1 shall have relevant professional knowledge and skills in safety and pollution prevention and control.

Article 35 A ship shall replenish bulk cargo fuel to a water service area or a water filling station barge, or a water service area or water filling station barge shall replenish bulk cargo fuel to an oil supply ship. Take corresponding ship pollution prevention and control measures and handle water transfer procedures in accordance with the law.

Article 36: Oil supply units shall supply fuel oil that meets national standards or requirements, and provide fuel supply and receipt documents and fuel oil samples to ships. Oil supply units and ships shall keep fuel supply and receipt documents for three years, and ships shall properly keep fuel samples for one year.

Article 37 After unloading an inland river ship carrying bulk liquid dangerous goods, the cargo space shall be cleaned at a tank washing station with tank washing capabilities. However, the cargo to be loaded on the ship shall be Except those that are consistent or compatible with the unloaded goods. Ships and tank washing stations should clarify their respective safety and pollution prevention responsibilities.

If the cargo to be loaded on the ship is compatible with the cargo to be unloaded, the written consent of the owner specified in the contract of carriage of the cargo to be loaded for the no-cleaning compartment of the ship shall be obtained.

Article 38 If an inland river ship carrying bulk liquid dangerous goods needs to be cleaned before maintenance or dismantling, the tank washing shall be carried out at a tank washing station with the capacity to wash the tank.

Ship repairing, building and dismantling enterprises should check the direction of the tank washing water in accordance with national regulations before overhauling and dismantling ships carrying bulk liquid dangerous goods.

Article 39 The construction unit of water-related projects shall cooperate with the constructionThe operating unit signs a written agreement with the unit that provides personnel transportation, pollutant collection and other services for construction operations to clarify the responsibilities for ship pollution prevention and control.

Article 40: Pollutants generated during ship salvage, pollution removal, repair and dismantling, and the use of ships for other above-water and underwater operations shall be promptly removed and shall not be thrown into the water. .

Chapter Six Emergency Response to Ship Pollution Accidents

Article 41 Cities and counties divided into districts along the river ( The municipal (district) people's government shall incorporate the prevention and control of pollution from ships and related operating activities into the emergency management system and capacity building plan, establish an emergency team for water pollution accidents and conduct training, coordinate the construction of a ship pollution emergency equipment library, strengthen the reserve and update of emergency supplies, and organize Develop emergency plans and conduct regular drills.

Maritime management agencies shall cooperate with local people’s governments in formulating contingency plans for ship pollution accidents and carry out emergency response work.

Ports, docks, loading and unloading stations, water service areas, ships, and units engaged in ship cleaning, repairs, dismantling, salvage and other operations should formulate emergency plans and organize regular drills.

Article 42 When a ship encounters a danger that may cause water pollution, ports, ships, terminals, loading and unloading stations, water service areas and relevant operating units shall immediately activate emergency plans and take measures Control, eliminate or reduce pollution hazards to the environment, and promptly report to the maritime management agency where the danger occurs.

After receiving the report, the maritime management agency shall immediately verify the relevant situation, and if it is confirmed that a ship pollution accident has occurred or may occur, handle it in accordance with the corresponding emergency plan.

Article 43 The people's governments of cities and counties (cities, districts) along the river and maritime management agencies may organize social forces to participate in emergency response based on the needs of emergency response to ship pollution.

If the ships, pollution prevention and control facilities, equipment, equipment and other materials of relevant units and individuals are requisitioned in accordance with the law, fair and reasonable compensation shall be provided.

Article 44: Due to the need for emergency response to ship pollution accidents, maritime management agencies may, in accordance with the law, organize cleanup, salvage, towage, Pilotage, unloading and other necessary measures. The expenses incurred shall be borne by the responsible person in accordance with the law.

Ships that are legally required to bear the expenses specified in the preceding paragraph shall set sail before sailing Pay relevant fees or provide corresponding guarantees in advance.

If pollution removal equipment and ships need to be mobilized to participate in the disposal, relevant units and ships shall obey the command. div> Article 45 The investigation and handling of ship pollution accidents shall be carried out in accordance with relevant national regulations

Chapter 7 Regional Cooperation

Article 46 The Provincial People's Government shall establish a coordination mechanism for ship pollution prevention and control with the people's governments of the provinces (municipalities) adjacent to the Yangtze River waters of this province, negotiate and resolve major ship pollution prevention and control issues, and promote the Yangtze River Delta Integration of regional ship pollution prevention and control and cooperation with other adjacent areas

The people's governments of cities and counties (cities, districts) along the Yangtze River may, in accordance with the provisions of the preceding paragraph, cooperate with other provinces adjacent to the Yangtze River waters of this province. The people's governments at the same level shall establish a cooperation mechanism for ship pollution prevention and control.

Article 47 Maritime management agencies and provincial departments of transportation, ecological environment, housing and urban and rural development should be adjacent to the Yangtze River waters of the province. Relevant provincial (municipal) departments have established a communication and collaboration mechanism to share information on ship pollution monitoring and early warning, cross-administrative trans-regional transfer and disposal of ship pollutants, ship cabin washing, pollution accident disposal, and ship pollution prevention and control credit information, implement joint credit rewards and punishments in accordance with the law, and implement unified law enforcement standards, carry out joint law enforcement when necessary, and promote inter-provincial joint prevention and control of ship pollution

Article 48 People in cities and counties (cities, districts) along the river. The government should establish a cross-administrative region ship pollution prevention and control cooperation mechanism, coordinate the cross-administrative region ship pollution prevention and control work, and implement joint monitoring, joint governance, joint law enforcement, and information sharing.

Municipal and county (city, district) people's governments should strengthen communication and cooperation, share emergency resources for ship pollution prevention and control, and carry out joint emergency rescue as needed

Article 49 Promote the promotion of the province and neighboring countries. Provinces (municipalities) establish a joint emergency response mechanism for ship pollution and carry out regional joint drills to jointly respond to major or cross-regional ship pollution accidents and dangers
 

Chapter 8 Legal Liability

Article 50 Violation of the second paragraph of Article 20 of these Regulations, inland river vessels Anyone who restores sealed or blindly broken pipelines or valves without authorization will be ordered to make corrections by the maritime administration agency and fined not less than RMB 1,000 but not more than RMB 10,000.

Article 51 In violation of the provisions of Article 23 of these Regulations, docks and loading and unloading stations arrange loading and unloading operations for ships that fail to deliver ship pollutants in accordance with regulations, or refuse to accept ship pollutants If any property is found, the transportation department shall order it to make corrections and impose a fine of not less than 20,000 yuan but not more than 100,000 yuan.

Article 52: In violation of the provisions of Paragraph 2 of Article 24 of these Regulations, if the ship pollutant receiving unit stores ship washing water and oily sewage on the water by transfer, The maritime administration agency shall order corrections and impose a fine of not less than 2,000 yuan but not more than 10,000 yuan.

Article 53 Violating the provisions of Paragraph 1 of Article 31 of these Regulations, wharfs, loading and unloading stations, and water service areas that are qualified for the supply of shore power refuse to provide services to those that are qualified for the use of shore power. If a ship provides shore power, the transportation department shall order it to make corrections and impose a fine of not less than 20,000 yuan but not more than 100,000 yuan.

Article 54 Anyone who violates the provisions of Article 32 of these Regulations and commits any of the following acts shall be ordered to make corrections by the maritime administration agency and fined not less than RMB 10,000 but not more than RMB 30,000. Fines:

(1) Ships carrying goods that easily emit toxic and harmful gases, dust substances, etc. fail to take closure or other protective measures in accordance with regulations;

(2) Engaging in loading, unloading or bargeing of goods that easily emit toxic and harmful gases, dust substances, etc., and both parties failing to take measures to recover toxic and harmful gases and suppress dust in accordance with national regulations during the operation;

(3) Ships carrying cargoes that easily emit toxic and harmful gases should use open cabin ventilation instead of cabin washing.

Article 55 If a ship violates the provisions of paragraph 3 of Article 33 of these Regulations and discharges wash water and residues into the water, the maritime administration agency shall order it to make corrections and impose a fine of one A fine of not less than 10,000 yuan but not more than 50,000 yuan is imposed.

Article 56 In violation of Article 36 of these regulations, the oil supply unit fails to report to the shipIf a ship provides fuel supply and receipt documents and fuel samples, or if the oil supply unit or ship fails to keep the fuel supply and receipt documents in accordance with regulations, the maritime administration agency shall order it to make corrections and impose a fine of not less than 2,000 yuan but not more than 10,000 yuan.

Article 57: In violation of the provisions of paragraph 1 of Article 37 of these Regulations, an inland waterway ship carrying bulk liquid dangerous goods fails to wash the cabin in a tank with cabin washing capabilities after unloading. If a station cleans the cargo space, the maritime administration agency shall order it to make corrections and impose a fine of not less than RMB 10,000 but not more than RMB 50,000.

Article 58 If the management department responsible for the supervision of ship pollution prevention and control and its staff neglect their duties, abuse their power, engage in malpractice for personal gain, the directly responsible person in charge and other directly responsible persons shall Personnel will be punished in accordance with the law.

Article 59 If laws or administrative regulations have provisions for penalties for violations of these Regulations, they shall be implemented in accordance with their provisions; constituteAnyone who commits a crime will be held criminally responsible in accordance with the law.

　Chapter 9 Supplementary Provisions

Article 60 Prevention and control of pollution from military ships, fishing vessels, and sports ships, Implemented in accordance with relevant national regulations.

Article 61 These regulations will come into effect on October 1, 2023.

Explanation on the "Anhui Province Yangtze River Ship Pollution Prevention and Control Regulations (Draft)"

——At the second meeting of the Standing Committee of the 14th People's Congress of Anhui Province on May 24, 2023

Director of the Provincial Department of Transportation Nie Aiguo

Standing Committee of the Anhui Provincial People's Congress:

Entrusted by the Provincial People's Government, we hereby submit the "Regulations on the Prevention and Control of Ship Pollution in the Yangtze River of Anhui Province" (The description of the "Draft" (hereinafter referred to as the "Regulations (Draft)") is as follows.

1. The necessity of formulating regulations

(1) The formulation of regulations is an in-depth implementationXi Jinping’s practical requirements for ecological civilization thought. Xi JinpingGeneral Secretary attaches great importance to the ecological protection of the Yangtze River. In recent years He has chaired several symposiums on promoting the development of the Yangtze River Economic Belt and put forward clear requirements, proposing important discussions such as "joint efforts to protect and not engage in large-scale development", "ecological priority, green development", etc. The formulation of regulations is a concrete practice for the in-depth implementation ofXi Jinping's ecological civilization thought, and it is also a necessary step to protect the ecological environment of the Anhui section of the Yangtze River.

(2) The formulation of regulations is a practical need to solve the pain points and difficulties in the prevention and control of ship pollution in the Yangtze River waters of our province. Our province attaches great importance to the prevention and control of ship pollution in the Yangtze River waters, and strictly implements the rectification of ecological environment warning films in the Yangtze River Economic Belt. The process of green upgrading and renovation of ports, terminals and ships along the river has been accelerated, and shore power facilities and ship pollutant receiving facilities have been continuously improved. However, there are also There are many problems. For example, there is a lack of institutional support for the construction, use, and supervision of ship pollutant receiving facilities; the delivery, reception, transshipment, and disposal of ship pollutants involve multi-departmental supervision, and regulatory synergies have yet to be formed; the relationship between ship pollutant risk management and Yangtze River protection The requirements are not yet adapted, and penalties for direct discharge of domestic sewage from ships lack legal basis.

(3) The formulation of regulations is a requirement for collaborative legislation on the prevention and control of ship pollution in the main waters of the Yangtze River. In July 2021, the meeting of directors of the Yangtze River Delta People's CongressStanding Committee clearly proposed that Jiangsu should take the lead and Shanghai and Anhui follow up to promote coordinated legislation on the prevention and control of ship pollution in the Yangtze River . Starting from March 1, 2023, Jiangsu Province and Shanghai Yangtze River Ship Pollution Prevention and Control Regulations will be officially implemented. In order to benchmark the experience and practices of the Jiangsu and Shanghai regions and improve the ship pollution prevention and control system in the Yangtze River waters of our province, it is necessary to speed up the formulation of regulations based on the actual situation of ship pollution prevention and control in the Anhui section of the Yangtze River.

2. Drafting process
 

According to the legislative plan of the Provincial People’s CongressStanding Committee, in March this year, the Provincial Department of Transportation submitted a proposal to the provincial government "Regulations on the Prevention and Control of Ship Pollution in the Yangtze River of Anhui Province (Draft for Review)". After receiving the article, the Provincial Department of Justice repeatedly solicited opinions from cities along the Yangtze River and relevant provincial departments, the Jiangsu Maritime Safety Administration, the Yangtze River Maritime Safety Administration, the Jiangsu Provincial Department of Justice, and the Shanghai Municipal Justice Bureau, openly solicited public opinions, and went to various cities along the Yangtze River for field research. The Maritime Safety Administration held discussions and exchanges, and held demonstration meetings with industry and legal experts. On the basis of extensively listening to the opinions of all parties, after repeated discussions and multiple revisions, the "Regulations (Draft)" were formed.

3. Explanation of the main contents

The "Regulations (Draft)" benchmarks the Jiangsu Regulations and absorbs parts of the Shanghai Regulations regulations, and made necessary modifications and improvements based on the actual situation of our province.

(1) Improve the pollution prevention and control system and mechanism. First, it is clarified that the scope of application of the regulations is the prevention and control of ship pollution in the trunk waters of the Yangtze River in our province. The prevention and control of pollution by military ships, fishing ships, and sports ships shall be implemented in accordance with national regulations (Articles 2 and 59). The second is to establish a management system with unified government leadership, departmental prevention and control, and supervision by maritime management agencies to form a joint regulatory force (Articles 4 to 7 and 26). The third is to implement the pollution prevention and control responsibilities of ports, docks, loading and unloading stations, water service areas, ships and their operating units, standardize the pollution prevention and control requirements for ship operating activities, and achieve full coverage of ship pollution prevention and control (Articles 8 to 17).

(2) Eliminate the pain points and difficulties in ship pollution prevention and control. First, encourage the establishment of a zero-discharge model for classified collection and onshore disposal, and prohibit direct discharge of ship pollutants that do not meet standards and storage in the form of transfer (Articles 18 and 22). The second is to strengthen the construction of facilities for the reception, transfer and disposal of ship pollutants. Governments at all levels along the river must make overall plans and build facilities for the reception, transfer and disposal of ship pollutants. Ports, docks, ships, etc. must be equipped with pollution prevention and control facilities and equipment, and be well connected with urban public facilities (Articles 10 and 13) . The third is to strengthen the informatization construction of ship pollutant prevention and control, establish and improve a dynamic supervision mechanism, and prevent illegal discharge, false discharge, etc. (Articles 12 and 15). The fourth is to improve emergency response regulations. Maritime management agencies must cooperate with local governments to formulate emergency plans, organize emergency drills, and carry out emergency response (Articles 39 and 40). The fifth is to supplement the legal responsibilities for ship pollution prevention and control and fill the loopholes in punishment for illegal activities in the delivery, collection, reception, transshipment and disposal of ship pollutants (Articles 48 to 58).

(3) Adjust and improve based on the actual conditions of our province.Comparing the Jiangsu regulations, 3 new paragraphs were added, 32 articles were modified, and 10 articles were deleted. First, new pollutant transfer rules for receiving units, emergency response by maritime management agencies and support for procuratorial organs to carry out public interest litigation (Article 11, paragraph 3, Article 39, paragraph 2, Article 58, paragraph 2) . The second is to modify the installation of ship video surveillance systems, sewage collection and storage, etc., as well as the corresponding legal responsibilities (Article 12, paragraph 2, Article 19, etc.). The third is to delete duplicate provisions of higher-level laws (Articles 14, 15, 21, 46, and 68 of Jiangsu Regulations), as well as clauses that are inconsistent with the actual situation in our province and corresponding legal liability (Articles 17 and 31 of Jiangsu Regulations).

Report on the review results of the "Anhui Province Yangtze River Ship Pollution Prevention and Control Regulations (Draft)"
< /div>< div style="text-align: center;"> Member of the Legal Committee of the Provincial People's Congress Bao Ting

Standing Committee of the Anhui Provincial People's Congress:

On the morning of July 26, the Standing Committee meeting reviewed the "Anhui Province Yangtze River Ship Pollution Prevention and Control Regulations (Revised Draft)" ( (hereinafter referred to as the revised draft). The members of the Standing Committee believe that the revised draft is relatively mature and have also put forward some suggestions for revision. They suggest that the revision be submitted toStanding Committee will vote at this meeting. After the meeting, the Legal Affairs Working Committee, together with the Urban Construction and Environmental Protection Working Committee, the Provincial Department of Justice and the Provincial Department of Transportation, conducted careful research and preliminary revisions on the revised draft based on the deliberation opinions of the members. On the afternoon of the 26th, the Legal Affairs Committee held a meeting, listened to the Legal Affairs Committee’s explanation of the preliminary revisions, conducted a unified review, and formed the "Anhui Province Yangtze River Ship Pollution Prevention and Control Regulations (Draft Voting Draft)" (hereinafter referred to as the voting draft), and A report was made to the directors’ meeting on the afternoon of the 27th. The review results are now reported as follows:

Relevant regulations on non-duplicate ship seaworthiness and management of transporting hazardous chemicals

Some members suggested adding content that should suspend sailing when meteorological disaster forecasts are not suitable for shipping; some members Staff suggested adding content on the management of dangerous goods transported by ships. The Legislative Affairs Commission has concluded that the "Regulations on the Safety Management of Inland River Traffic of the People's Republic of China", the "Regulations on the Safety Management of Hazardous Chemicals" of the State Council, and the "Regulations on the Safety Management of Water Traffic in Anhui Province" have made regulations on the seaworthiness of ships and the transportation of hazardous chemicals. Comprehensive and specific specifications may not be repeated in these Regulations.

In addition, some text has been modified based on the review opinions of the members and will not be explained one by one.

The voting draft has been modified according to the above opinions.

The Legal Committee believes that in accordance with relevant laws and administrative regulations and in combination with the actual conditions of our province, the "Regulations on the Prevention and Control of Ship Pollution in the Yangtze River of Anhui Province" is formulated to strengthen the prevention and control of ship pollution in the Yangtze River in our province and promote the development of the Yangtze River Delta. It is of great significance to integrate regional ship pollution prevention and control, protect the ecological environment of the Yangtze River Basin, promote the construction of ecological civilization, and promote high-quality development. After deliberation at the second meeting of theStanding Committee and this meeting, the revised voting draft conforms to the actual situation of the province and is inconsistent with relevant laws and administrative regulations. The deliberation opinions of the members have been basically absorbed and are relatively mature. It is recommended that theStanding Committee vote at this meeting.