Regulations on safety management of reservoir dams
Regulations on safety management of reservoir dams
(Promulgated by Order No.77 of the State Council of the People’s Republic of China on March 22, 1991 and revised according to the Decision of the State Council on Abolishing and Amending Some Administrative Regulations on January 8, 2011)
Chapter I General Principles
the first In order to strengthen the safety management of reservoir dams and ensure the safety of people’s lives and property and socialist construction, these Regulations are formulated in accordance with the Water Law of People’s Republic of China (PRC).
the second These Regulations shall apply to reservoir dams (hereinafter referred to as dams) with a dam height of more than 15 meters or a storage capacity of more than 1 million cubic meters in People’s Republic of China (PRC). Dams include permanent water retaining structures and flood discharge, water conveyance and ship passing structures that are used in conjunction with them.
Dam height below 15 meters, more than 10 meters or storage capacity below 1 million cubic meters and above 100,000 cubic meters, which is potentially dangerous to the safety of important towns, traffic trunk lines, important military facilities and industrial and mining areas, shall be managed with reference to these regulations.
Article The water administrative department of the State Council shall, jointly with the relevant departments of the State Council, supervise the dam safety throughout the country. The water administrative department of the local people’s government at or above the county level shall, jointly with the relevant competent departments, supervise the dam safety within their respective administrative areas.
Water conservancy, energy, construction, transportation, agriculture and other relevant departments at all levels are the competent departments of dams under their jurisdiction.
Article 4 The people’s governments at all levels and their dam authorities shall be responsible for the safety of dams under their jurisdiction.
Article 5 The construction and management of dams should follow the principle of safety first.
Article 6 All units and individuals have the obligation to protect dam safety.
Chapter II Construction of Large Dams
Article 7 The construction of dams must conform to the technical standards for dam safety formulated by the water administrative department of the State Council in conjunction with the relevant dam authorities.
Article 8 Engineering design is necessary to build a dam. The engineering design of the dam must be undertaken by units with corresponding qualification certificates.
The engineering design of a dam shall include the design of management facilities such as engineering observation, communication, power, lighting, transportation and fire fighting.
Article 9 Dam construction must be undertaken by units with corresponding qualification certificates. The dam construction unit must carry out the construction in accordance with the design documents, drawing requirements and relevant technical standards stipulated in the construction contract.
The construction unit and design unit shall send representatives to supervise and inspect the construction quality. If the quality does not meet the design requirements, it must be reworked or remedial measures taken.
Article 10 When building a dam, the construction unit shall, in accordance with the approved design, request the people’s government at or above the county level to delimit the scope of management and protection in accordance with state regulations and set up signs.
Where the scope of management and protection has not been delineated for the built dam, the competent department of the dam shall, according to the needs of safety management, submit it to the people’s government at or above the county level for delineation.
Article 11 After the dam starts, the dam administrative department shall set up a dam management unit, which will participate in the quality inspection, dam division, sub-project acceptance and water storage acceptance in accordance with the acceptance procedures of the project capital construction.
After the completion of the dam, the construction unit shall apply to the competent department of the dam for organization and acceptance.
Chapter III Management of Large Dams
Article 12 Dams and their facilities are protected by the state, and no unit or individual may occupy or destroy them. The dam management unit shall strengthen the safety and security of the dam.
Article 13 It is forbidden to carry out activities that endanger dam safety, such as blasting, drilling wells, quarrying, mining, dredging, borrowing soil and repairing graves, within the scope of dam management and protection.
Article 14 Non-dam management personnel shall not operate the flood discharge gate, water conveyance gate and other facilities of the dam, and the dam management personnel shall abide by the relevant rules and regulations when operating. No unit or individual is allowed to interfere with the normal management of the dam.
Article 15 It is forbidden to cut trees in the catchment area of the dam, and to open up wasteland on steep slopes and other activities that lead to reservoir siltation. It is forbidden to reclaim land in the reservoir area and carry out activities that endanger the mountain, such as quarrying and borrowing soil.
Article 16 If the dam crest really needs to be used as a highway, it must be scientifically demonstrated and approved by the dam authorities, and corresponding safety maintenance measures should be taken.
Article 17 It is forbidden to build docks, channels, pile up sundries and dry grain and grass in the dam. The construction of wharves and fish ponds within the scope of dam management and protection shall be approved by the competent department of the dam, and a certain distance shall be kept from the dam foot and the drainage and water delivery structures, which shall not affect the dam safety, project management and emergency rescue work.
Article 18 The competent department of dam shall be equipped with dam safety management personnel with corresponding professional level.
Dam management units shall establish and improve safety management rules and regulations.
Article 19 Dam management units must carry out safety monitoring and inspection of dams in accordance with relevant technical standards; The monitoring data should be sorted out and analyzed in time to keep abreast of the dam operation. When abnormal phenomena and unsafe factors are found, the dam management unit shall immediately report to the competent department of the dam and take timely measures.
Article 20 The dam management unit must do a good job in the maintenance and repair of the dam to ensure that the dam and gate opening and closing equipment are in good condition.
Article 21 The operation of the dam must give full play to its comprehensive benefits on the premise of ensuring safety. The dam management unit shall conduct the operation of the reservoir according to the approved plan and the instructions of the dam authorities.
In flood season, the comprehensive utilization of reservoirs must be subject to the unified command of flood control headquarters; The flood control capacity above the flood limit level and the flood dispatching operation of reservoirs mainly for power generation must obey the unified command of the flood control headquarters.
No unit or individual may illegally interfere with the operation of reservoirs.
Article 22 The competent department of the dam shall establish a regular safety inspection and appraisal system for the dam.
Before and after the flood season, and after the occurrence of storms, rainstorms, catastrophic floods or strong earthquakes, the dam authorities shall organize inspections on the safety of dams under their jurisdiction.
Article 23 The dam authorities shall register the dams under their jurisdiction on schedule and establish technical files. Measures for dam registration shall be formulated by the water administrative department of the State Council jointly with relevant departments.
Article 24 Dam management units and relevant departments shall make preparations for flood control and emergency rescue materials and forecast meteorological and hydrological conditions, and ensure smooth communication between the dam management units and the dam authorities and the flood control headquarters at higher levels.
Article 25 When the dam shows signs of danger, the dam management unit shall immediately report to the competent department of the dam and the flood control headquarters at a higher level, and take rescue measures; When there is danger of dam collapse, all measures should be taken to give an alarm to the expected dam collapse flooded area and do a good job of transfer.
Chapter IV Management of Dangerous Dams
Article 26 For dangerous dams that have not yet reached the design flood standards, seismic fortification standards or have serious quality defects, the dam authorities shall organize relevant units to classify them, take measures such as reinforcement, or abandon them for reconstruction.
Before the reinforcement of a dangerous dam, the dam management unit shall formulate emergency measures to protect the dam; If it is necessary to change the original design operation mode after demonstration, it shall be submitted to the dam authority for examination and approval.
Article 27 The dam authorities shall formulate a reinforcement plan for the dangerous dams under their jurisdiction that need to be reinforced, and eliminate the danger within a time limit; The relevant people’s governments shall give priority to the required funds and materials.
The reinforcement of dangerous dams must be designed by units with corresponding design qualification certificates, and implemented after examination and approval. After the reinforcement of dangerous dams is completed, the dam authorities shall organize the acceptance.
Article 28 The competent department of dams shall organize relevant units to estimate the possible dam collapse mode and inundation range of dangerous dams, formulate emergency plans and report them to the flood control headquarters for approval.
Chapter V Penalty Rules
Article 29 In violation of the provisions of these regulations, any of the following acts shall be ordered by the dam authorities to stop the illegal act, compensate for the losses, take remedial measures and may be fined; Should be given administrative penalties for public security, the public security organs shall be punished in accordance with the provisions of the "People’s Republic of China (PRC) Public Security Administration Punishment Law"; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) the destruction of the dam or its observation, communication, power, lighting, transportation, fire control and other management facilities;
(two) blasting, drilling wells, quarrying, mining, earth borrowing, dredging, grave repair and other activities endangering dam safety within the scope of dam management and protection;
(three) unauthorized operation of the dam flood gate, water gate and other facilities, undermining the normal operation of the dam;
(4) Reclaiming land in the reservoir area;
(five) the construction of docks, channels or debris piled up in the dam, drying grain and grass;
(six) unauthorized construction of docks and fish ponds within the scope of dam management and protection.
Article 30 Whoever steals or robs dam engineering facilities and equipment shall be investigated for criminal responsibility in accordance with the provisions of the Criminal Law.
Article 31 Due to survey and design errors, poor construction quality, improper use of dispatching and abuse of power, dereliction of duty, resulting in dam accidents, the unit to which they belong or the competent authorities at a higher level shall give administrative sanctions to the responsible personnel; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 32 If a party refuses to accept the decision on administrative punishment, it may, within 15 days from the date of receiving the notice of punishment, apply for reconsideration to the organ at the next higher level of the organ that made the decision on punishment; Anyone who refuses to accept the reconsideration decision may bring a suit in a people’s court within 15 days from the date of receiving the reconsideration decision. The parties may also directly bring a suit in a people’s court within 15 days from the date of receiving the notice of punishment. If a party fails to apply for reconsideration or bring a suit in a people’s court within the time limit and fails to perform the punishment decision, the organ that made the punishment decision shall apply to the people’s court for compulsory execution.
Refuses to accept the punishment of public security management, in accordance with the provisions of the "People’s Republic of China (PRC) Public Security Management Punishment Law".
Chapter VI Supplementary Provisions
Article 33 The relevant departments of the State Council and the people’s governments of all provinces, autonomous regions and municipalities directly under the Central Government may formulate detailed rules for implementation according to these Regulations.
Article 34 These Regulations shall come into force as of the date of promulgation.