Other interpretations of urban drainage and sewage treatment laws and regulations

Interpretation of 1

At present, many cities in China are facing the problems of water environment deterioration and urban waterlogging when it rains. To solve these problems, we must realize the healthy circulation of urban water system, and the breakthrough is standardized drainage and advanced treatment and utilization of sewage. The so-called healthy water cycle is the objective law that the water cycle in the upstream area does not affect the water function in the downstream waters, and the social cycle of water does not break the natural cycle of bad water. In this sense, the urban drainage and sewage treatment system is the lifeline project to promote the healthy circulation of urban water and restore the water environment. Its task has already gone beyond the scope of clearing rainwater and sewage, protecting urban living environment and preventing public water pollution.

The Regulation on Urban Drainage and Sewage Treatment proposes that drainage and sewage treatment should follow the principles of respecting nature, overall planning, supporting construction, ensuring safety and comprehensive utilization.

First of all, we must "respect nature". This principle is the guiding principle and the basis of the other four principles. It embodies the ecological civilization concept of "respecting nature, conforming to nature and protecting nature" put forward by the 18th National Congress of the Communist Party of China, and also conforms to the spirit that urban development and construction should "minimize the damage to the original water ecological environment of the city" in the recent Notice on Building Urban Drainage and Waterlogging Prevention Facilities in the State Council. The Regulations repeatedly mentioned the requirements of "reducing rainwater runoff" and "controlling rainwater runoff", and accordingly put forward relevant measures, including increasing the retention capacity of green space, gravel ground, permeable pavement and natural rainwater, and using buildings, parking lots, squares and roads. Build rainwater collection and utilization facilities to reduce rainwater runoff and embody the concept of low-impact development and respect for nature.

The second is to "comprehensively utilize". The "Regulations" have formulated a series of institutional measures to promote the recycling of sewage and sludge and rainwater from the aspects of planning, facility construction and policy encouragement. At the same time, the "Regulations" clarify the collection and treatment methods of initial rainwater, put forward requirements for the regulation and control of initial rainwater discharge and pollution prevention, which is very important for preventing urban water environment pollution, especially for the normal operation of downstream sewage plants in the combined system area, and also creates policy conditions for the comprehensive utilization of rainwater resources.

Third, "overall planning and supporting construction". Urban drainage and sewage treatment system is an important project to promote healthy water circulation in cities and towns, and its system layout is directly related to the impact on natural water circulation, so it is necessary to make overall planning and supporting construction. Chapter II of the Regulations provides for this. In the process of planning, it is necessary to ensure the coordination of various conditions and the systematic analysis and overall arrangement of various planning elements within a certain space and time range; In the process of construction, we should ensure two supporting facilities: one is urban development and urban drainage and sewage treatment facilities construction, and the other is urban drainage and sewage treatment facilities subsystem supporting.

Fourth, we must "ensure safety." Ensuring the safe and stable operation of drainage and sewage treatment facilities is the basis of realizing the social circulation of water. Chapters 3 to 5 of the Regulations stipulate the responsibilities, measures, rights and obligations of all parties (government, relevant enterprises, institutions and individuals) to ensure the safe operation of facilities from three aspects: drainage, sewage treatment and facilities maintenance and protection.

For many years, there has been a lack of a national special law and regulation in the field of urban drainage and sewage treatment, and the industry has a high voice for the promulgation of the Regulations as soon as possible. It is reasonable to believe that the promulgation of the Regulations will definitely play a decisive and positive role in the healthy circulation of urban water systems.

Explanation 2

The Regulations on Urban Drainage and Sewage Treatment clearly states that the state and local governments should draw up plans for urban drainage and sewage treatment, and towns prone to waterlogging should also draw up special plans for urban waterlogging prevention and control, emphasizing the coordination of multi-disciplinary planning, which embodies the concept of comprehensive drainage management. The following four aspects are understood.

First, the regulations emphasize the role of planning.

Urban drainage and sewage treatment planning is an important part of the overall urban planning, and it is one of the important public policies of the government to regulate urban spatial resources, guide urban and rural development and construction, safeguard social equity, and ensure public safety and public interests. In order to better realize rational layout, save land, improve ecological environment, and promote the conservation and comprehensive utilization of resources and energy, we must adhere to the principle of planning first and then construction. This is determined by the spatial nature of planning and the systematicness of drainage and sewage treatment facilities. Whether the spatial layout of facilities is reasonable or not directly affects the effective utilization of resources and the construction scale and investment of facilities. If there is no systematic planning, it will be difficult to play the role of facilities and integrate the "point" problem into the system, otherwise it will be impossible to fundamentally solve the water problem. Moreover, most drainage pipes and canals are laid underground, which has a large construction investment and strong concealment. Once the construction is unreasonable, the transformation is extremely difficult. Therefore, unified planning, systematic layout and step-by-step implementation are needed to guide the orderly development, construction and rational management of the local area. Planning is a means of control. Urban drainage and sewage treatment planning is an important document to guide industry development and facility construction. Through planning, the requirements of sewage quality and quantity control, sludge treatment and disposal, waterlogging prevention and comprehensive utilization of water resources are fully reflected, which is conducive to water pollution control and pollution control, waterlogging prevention and comprehensive utilization of water resources.

China has a vast territory, and the natural conditions and development level of cities and towns vary greatly. It is very important to adjust measures to local conditions and reasonable system layout. Therefore, the "Regulations" clearly require that all regions should formulate urban drainage and sewage treatment plans according to the local economic and social development level and geographical and climatic characteristics.

Two, the "Regulations" emphasizes the coordination and convergence of multiple disciplines.

Water is the basic condition for human survival. To ensure urban water safety and realize excellent water environment, beautiful water landscape, healthy water ecology and long-standing water culture, multidisciplinary cooperation is needed. Urban waterlogging prevention is a complex systematic project, and drainage cannot be discussed in isolation. Urban drainage and waterlogging prevention projects include underground pipes and canals and ground facilities, which are closely related to urban land use, water system, river course, pipe network, roads, greening and verticality. The layout of drainage channels involves urban water systems and roads, and the drainage direction involves urban ground elevation, that is, vertical design. Urban land use layout and road planning should consider the way out of rainwater drainage; Urban vertical design and road vertical design should ensure smooth drainage channels and comprehensive utilization of rainwater; Urban green space planning should consider accepting nearby rainwater. Therefore, the planning of urban drainage and sewage treatment and the special planning of urban waterlogging prevention and control should be coordinated with these professional plans and cooperate with many professions to solve the problem of urban waterlogging.

Three, the "Regulations" emphasizes the construction of urban waterlogging disaster prevention system.

In view of the frequent occurrence of waterlogging disasters in cities in recent years, the regulations start with the top-level design and planning, requiring all localities to have drainage measures in the planning, and towns prone to waterlogging should also prepare special plans for waterlogging prevention and control to systematically and comprehensively solve the problem of waterlogging prevention and control. At present, urban waterlogging is mostly caused by storm runoff greatly exceeding the drainage capacity of rainwater pipe network. Therefore, a waterlogging prevention and control system consisting of urban rainwater runoff control, drainage pipe network system and over-standard rainwater drainage system should be constructed through planning.

Urban pipe network drainage, storm waterlogging prevention and control are closely related to urban flood control and affect each other, so docking should be realized in planning and design. When planning urban drainage flood control, we should not only consider the common rain conditions in cities with a return period of 2- 10, but also aim at the extraordinary rain conditions in cities with a return period of more than 50 years. We should not only pay attention to the construction of small drainage system composed of drainage pipe network, but also pay attention to the construction of flood prevention system including facilities such as rivers and lakes.

IV. The Regulations put forward the concept of comprehensive drainage management.

The "Regulations" legislation summarizes the advanced experience of research and practice at home and abroad in recent years, puts forward the concept of comprehensive rainwater management combining storage, stagnation, infiltration, utilization and drainage, advocates the construction of urban drainage system that is suitable for nature, and embodies the characteristics of industry development and technological progress. The "Regulations" emphasize the whole process control from the source, process and end to solve the water problem, and require that in the process of urban construction and transformation, the impact on the environment should be reduced, the impact load should be delayed, and the natural hydrological state after regional development and construction should be as close as possible to the level before development and construction, so as to achieve ecological drainage and comprehensive drainage.

Explanation 3

In recent years, accidents of pedestrians and vehicles falling down due to road surface collapse have been reported frequently. Many accidents are due to the construction of subways or underground facilities, neglect of drainage pipe network protection, and drilling to destroy drainage pipe network. In addition, when the project is completed, the drainage pipe network is not restored in place, resulting in many accidents such as sewage leakage and ground subsidence. In addition, because people generally associate sewer pipes with the image of "dirty, messy and smelly", man-made destruction also occurs from time to time. Dumping sundries and wastes into rain pits and waste liquid and waste residues into sewers not only damages water supply and drainage and sewage treatment facilities, but also brings hidden dangers to the safe operation of the whole drainage and sewage treatment system.

The Regulations make detailed provisions on the protection of drainage and sewage treatment facilities from the aspects of standardizing the drainage behavior of drainage units and individuals and strengthening the construction management of new construction, renovation and expansion projects.

The "Regulations" further strengthen and standardize the existing permit system for discharging sewage into the drainage pipe network from the aspect of regulating the behavior of drainage units and individuals, and clarify that rain and sewage pipes shall not be mixed, and enterprises and institutions engaged in industrial, construction, catering, medical and other activities must discharge sewage in accordance with the permit requirements; It is explicitly prohibited to discharge toxic, harmful and corrosive wastewater and waste residue, dump garbage and dregs, build mud, damage and steal drainage and sewage treatment facilities, occupy pressure facilities and other acts that endanger the safety of facilities, so as to avoid damaging drainage and sewage treatment facilities.

From the aspect of standardizing the construction behavior, the regulations stipulate that units engaged in activities that may affect the safety of urban drainage and sewage treatment facilities, such as blasting, drilling, piling, jacking, excavation and earth borrowing, must formulate protection plans and safety protection measures, and prohibit drilling from blocking drainage and sewage treatment facilities; At the same time, for all kinds of new construction, renovation and expansion projects, where there are urban drainage and sewage treatment facilities within the scope of the project construction, this provision should be implemented, and it is clear in the punishment that the construction unit has not formulated a protection plan, dismantled and changed the facilities without authorization, and stipulated penalties such as warning, fine and criminal responsibility for all kinds of behaviors that endanger the drainage facilities.

The above provisions, aiming at the outstanding problems encountered in the current practice of protecting drainage and sewage treatment facilities, are targeted and to the point, and the punishment measures are severe, which will play a very important role in protecting drainage and sewage treatment facilities.

Explanation 4

The Regulations on Urban Drainage and Sewage Treatment clearly stipulates that the state encourages various forms such as franchising and government purchasing services to attract social funds to participate in the investment, construction and operation of urban drainage and sewage treatment facilities, and encourages the implementation of the franchise system for urban sewage treatment. Let's talk about it from four aspects:

First, about accelerating social capital to enter the urban drainage and sewage treatment industry.

At present, the financial investment in urban drainage and sewage treatment industry is limited, and the entry of social capital can effectively make up for the lack of government investment and alleviate the contradiction between supply and demand of urban drainage and sewage treatment in the process of rapid urbanization. At the same time, opening the drainage and sewage treatment industries to social capital can provide a safe and stable investment channel for social idle funds. On the one hand, the government can attract social funds to participate in the investment, construction and operation of urban drainage and sewage treatment facilities through franchising and government purchasing services; On the other hand, social capital can directly invest in the construction and operation of sewage treatment projects, or indirectly participate in the construction and operation of facilities by purchasing local government bonds, investment funds and stocks.

Two, about regulating the franchise of urban sewage treatment facilities

Franchising is an important way and means to break regional monopoly, introduce market competition and improve facility operation efficiency. However, due to the lack of understanding of franchising, inadequate supervision and unreasonable contract terms in some places, there have been some negative effects in the implementation process, such as excessive rise in sewage treatment prices, inadequate maintenance and operation of facilities, and high-priced repurchase by the government. The Regulations clearly stipulate that the housing and urban-rural construction department of the State Council will take the lead in formulating specific measures for franchising, so as to better guide the actual operation of local governments and enterprises, and suggest taking relevant measures to strengthen contract management, standardize franchise agreements, and strengthen detailed agreements on the rights and obligations, service quality, government supervision and responsibilities of both parties to the agreement, especially making scientific and reasonable provisions on the service fee price, access conditions of operating enterprises, land ownership and other matters that currently plague franchising, so as to minimize franchise risks.

Three, on the establishment and improvement of urban drainage and sewage treatment industry market access.

Urban drainage and sewage treatment are related to public health and safety, and are highly professional and technical. The management, technology, capital and equipment of operating enterprises directly determine the safety and efficiency of facilities. While encouraging the opening to social capital, the "Regulations" clearly need to formulate specific management measures and standardize the access methods and conditions of facilities maintenance and operation units. Here, it is suggested to put forward specific standards and requirements for the legal person qualification, equipment, capital, system construction, staffing, performance and experience of operating enterprises in combination with local conditions and project characteristics, and standardize the specific procedures for selecting facilities maintenance operating units through bidding and entrustment. Prevent some so-called consortium bidding enterprises with funds but no performance, technology and qualification as business entities from entering the drainage and sewage treatment industry, avoid the phenomenon that "bad money drives out good money" when entering the market, and ensure a benign and healthy market competition order in the industry.

Fourth, the government should strengthen the responsibility and supervision after the entry of social capital.

The entry of social capital puts forward higher requirements for government responsibility and supervision. On the one hand, we must make clear the responsibility of the government. Opening the market is not equal to being a "shopkeeper". In order to avoid "selling it at once", the government should guarantee urban drainage and sewage treatment services by purchasing services: first, pay the services provided by the enterprises in time and in full according to the price and quantity agreed in the agreement; The second is to give appropriate subsidies to vulnerable groups such as poor residents. On the other hand, it is necessary to strengthen the government's supervision over facilities operating enterprises. First, we should give full play to the coordinating and guiding role of the competent departments, and avoid the unnecessary burden brought by "multi-head management" to enterprises, and even the phenomenon of "glass door"; The second is to strengthen process supervision and result control, and severely deal with enterprises that do not meet the requirements during operation. For emergencies involving public safety and corporate violations, the government can take measures such as canceling the contract and temporarily taking over.

Explanation 5

Implementing government information disclosure according to law is an important measure to build a modern government and improve its credibility. Recently, the General Office of the State Council issued the Opinions on Further Strengthening Government Information Disclosure, Responding to Social Concerns and Enhancing Government Credibility (Guo Ban Fa [20 13] 100), which clearly stipulated information disclosure. Urban drainage and sewage treatment is a systematic public service, which involves the daily life and work of thousands of households. The planning, design, protection and management of its facilities should be included in the scope of government information disclosure. The "Regulations" clearly stipulate this respectively, which fully guarantees the public's right to know and supervise, and is also conducive to the public's active participation in the protection of urban drainage and sewage treatment facilities.

Regarding planning, the "Regulations" clarify the procedures for the preparation, approval, filing and disclosure of urban drainage and sewage treatment planning.

Regarding the maintenance and maintenance of facilities, the "Regulations" clarify that the maintenance and operation units of urban sewage treatment facilities shall regularly disclose relevant maintenance and operation information to the public; At the same time, it is stipulated that the competent department of urban drainage shall, jointly with relevant departments, delimit the scope of protection of urban drainage and sewage treatment facilities in accordance with relevant state regulations and make it public. This provision is not only conducive to the construction, operation and protection of drainage and sewage treatment facilities, but also conducive to accepting the supervision of relevant departments and the public.

Regarding sewage treatment fees, the regulations stipulate that the collection and use of sewage treatment fees should be made public. At the same time, it is clear that audit institutions should strengthen supervision over the collection, management and use of funds for the construction, operation, maintenance and protection of urban drainage and sewage treatment facilities, and publish the audit results to ensure the right to know and supervision of sewage treatment fee payers.

In terms of supervision and management, the regulations stipulate that the competent department of urban drainage shall, jointly with relevant departments, strengthen the supervision, inspection and assessment of the operation, maintenance and protection of urban drainage and sewage treatment facilities, and make the inspection and assessment results public. This will improve public supervision of urban drainage and sewage treatment.

Regarding other matters that should be made public, the regulations also stipulate that if drainage households do not discharge sewage in accordance with the requirements of the sewage discharge permit, causing serious consequences, the sewage discharge permit will be revoked and a fine may be imposed at the same time.

Explanation 6

With the increasing scale of cities in China, the drainage network of a city can reach tens of thousands of kilometers. Faced with these increasingly complex and buried drainage systems, the traditional management methods relying on experience and drawings have been difficult to meet the requirements of modern urban construction and management, and it is even more difficult to give systematic, scientific, accurate and timely planning and management suggestions. Developed countries abroad have successfully used computer technology, digital model analysis and geographic information technology to effectively analyze and solve various complex problems in the planning, renovation, construction and operation management of drainage facilities, changing "passive response" into "active early warning and disposal" and "invisible risk" into "predictable and perceptible" image content. From the development trend, it is one of the important contents of the future urban drainage and sewage treatment industry in China to establish the drainage facilities geographic information system and improve the standardization, informationization and refinement of drainage facilities management.

"Regulations" for the first time fixed the content of establishing drainage facilities geographic information system in the form of laws and regulations, which is not only a concrete embodiment of "people's governments at or above the county level encourage and support scientific and technological research on urban drainage and sewage treatment" mentioned in the previous paragraph, but also points out the direction and lays the foundation for the future development of urban drainage and sewage treatment industry, which can be described as far-sighted.

Since the beginning of this year, the state has successively issued the Opinions of the State Council on Strengthening the Construction of Urban Infrastructure (Guo Fa [2013] No.36) and the Notice of the General Office of the State Council on Doing a Good Job in the Construction of Urban Drainage and Flood Prevention Facilities (Guo Ban Fa [2013] No.23), all of which put forward clear requirements for the construction of urban drainage and flood prevention information systems; In order to implement the requirements of the above documents, the Ministry of Housing and Urban-Rural Development has specially formulated and issued the Technical Guidelines for Data Collection and Management of Urban Drainage and Waterlogging Prevention Facilities and the Outline of Urban Drainage (Rainwater) Waterlogging Prevention Planning to guide all localities to scientifically formulate special plans for urban drainage and waterlogging prevention on the basis of a comprehensive survey, clearly plan objectives and tasks, and implement various safeguard measures.

The "Regulations" and the requirements of the above-mentioned documents are conducive to local related work, including: according to the local rainfall law, the risk and characteristics of rainstorm waterlogging and the current situation of drainage, the overall goal of drainage and waterlogging prevention system construction is formulated; According to the local actual demand, carry out the construction of geographic information database; Establish a geographic information system for drainage facilities according to local conditions, and apply modern geographic information and digital technology to daily operation management, risk control and emergency response; Combined with the meteorological radar monitoring and forecasting of the meteorological department, the comprehensive management and real-time decision-making functions such as scenario simulation, risk assessment, pre-judgment and early warning, command and dispatch are realized, and the passive risk response is transformed into predictable and controllable active response management.

The level of drainage and flood control in a city "depends on facilities for three points and management for seven points", which is the embodiment of comprehensive ability. If the perfect rainwater pipe network, storage regulation, infiltration and other flood prevention engineering facilities are the "hardware" foundation, then the advanced modern and digital management means represented by the drainage flood prevention facilities geographic information system are the "software" guarantee to promote the leap of urban drainage flood prevention quality in China.