China News Service, March 9. According to the official WeChat news of "China Water Resources", the Ministry of Water Resources recently issued the "Measures for Responsibility for Reservoir Risk Removal and Reinforcement" and "Measures for Supervision and Inspection of Safe Operation of Small Reservoirs". The details are as follows.
Responsibilities for Reservoir Removal and Reinforcement Work
Article 1 In order to further do a good job in the reinforcement of reservoirs during the "14th Five-Year Plan" period, in accordance with the "Notice of the General Office of the State Council on Effectively Strengthening Reservoir Reinforcement and Operation, Management and Protection", "Large and Medium-Sized Dangerous Reservoirs Sluice Reinforcement Projects" These Measures are formulated in accordance with the provisions of the Construction Management Measures, the Management Measures for Small-scale Dangerous Reservoirs Removal and Reinforcement Projects, and the Management Measures for the Construction and Operation of Rainwater Forecast and Dam Safety Monitoring Facilities for Small-scale Reservoirs.
Article 2 These measures are applicable to the accountability of units and individuals that fail to perform or incorrectly perform their duties in the work of removing dangers and strengthening reservoirs.
Article 3 The Ministry of Water Resources and local water administrative departments at all levels organize and carry out accountability work in accordance with their duties and powers.
Article 4 The accountability work shall follow the principles of compliance with laws and regulations, graded implementation, objectivity and fairness, and openness and transparency.
Article 5 The main methods for carrying out accountability of the responsible unit are as follows:
(1) order rectification;
(2) interviews;
(3) Information notification (including notification to the water administrative department of the provincial people's government, notification within the water conservancy industry, notification to the local people's government, etc.);
(4) other relevant laws, regulations, rules, etc., or the methods of accountability stipulated in the contract.
The above methods of accountability can be used individually or in combination according to the situation of the problem.
Article 6 If the provincial water administrative department has any of the following circumstances, the Ministry of Water Resources shall order it to make rectification within a time limit; if there are two or more circumstances, it shall be interviewed:
(1) Failure to incorporate the work of removing and strengthening reservoirs into the relevant plans and work plans of the "14th Five-Year Plan" and the assessment system of the river and lake chief system;
(2) Failing to prepare and organize the implementation of the "14th Five-Year Plan" implementation plan and annual implementation plan for risk-removal and reinforcement of dangerous reservoirs;
(3) Before the end of 2022, the safety appraisal of the reservoir that has reached the safety appraisal period in 2020 has not been completed in an orderly manner; the normal working mechanism has not been established, and the safety appraisal of the reservoir has not been completed in a timely manner; the verification of the appraisal results of small reservoirs has not been organized and implemented ;
(4) Before the end of 2025, the task of removing and reinforcing the dangerous reservoirs that have been identified before 2020 and the new dangerous reservoirs that have reached the safety appraisal period in 2020 and has been identified after the identification has not been completed; The newly added dangerous reservoirs after the safety appraisal are carried out on a regular basis every year to carry out risk removal and reinforcement;
(5) Failing to examine and approve the preliminary design of the risk-removal and reinforcement project for dangerous reservoirs in accordance with regulations, and failing to carry out record management and random inspection of the preliminary design and approval documents of the small-scale dangerous reservoirs for risk-removal and reinforcement projects;
(6) Failing to guide, supervise and assess the work of removing dangers and strengthening the reservoir;
(7) Failure to organize the compilation of rainwater forecasts, implementation plans and annual implementation plans for dam safety monitoring facilities;
(8) Failing to implement the responsibility for local capital investment, and failing to urge the implementation of city and county-level capital investment.
Article 7 If the provincial water administrative department has any of the following circumstances, the Ministry of Water Resources shall order it to rectify within a time limit and conduct an interview with it; if there are two or more circumstances, it shall report the situation, and if the situation is serious, report it to the province. The people's government at the next level shall report to the State Council in a timely manner:
(1) A production safety accident of a large or larger reservoir occurs;
(2) In one year, more than three municipal water administrative departments within the jurisdiction were interviewed, or two or more municipal water administrative departments were notified of the situation;
(3) There are two or more reservoirs within the jurisdiction that have major safety hazards within three years after they are removed and strengthened.
Article 8 In case of any of the following circumstances, the water administrative department at the city or county level shall be ordered by the local water administrative department at a higher level to make rectification within a time limit; if there are two or more circumstances, they shall be interviewed:
(1) Failure to approve and record the preliminary design of the reservoir risk elimination and reinforcement project in accordance with relevant regulations;
(2) The capital investment at the same level has not been implemented;
(3) Failing to organize the supervision and inspection of the reservoirs within their jurisdiction to eliminate and reinforce the project;
(4) Failing to implement the responsible units and responsible persons for the reinforcement of the reservoirs within the scope of responsibility for each reservoir;
(5) Failing to implement the project legal person responsibility system, and failing to establish an assessment mechanism for the project legal person;
(6) Failure to establish a management ledger for the project of reservoir risk elimination and reinforcement;
(7) Not responsible for organizing or assisting in the construction of rainwater forecasting and dam safety monitoring facilities and supervising the operation and management.
Article 9 If the water administrative department at the city or county level has any of the following circumstances, the superior water administrative department shall order it to rectify within a time limit and conduct interviews with it; If the situation is serious, notify the city or county local government, and report the situation to the Ministry of Water Resources or the provincial water administrative department:
(1) A production safety accident of a large or larger reservoir occurs;
(2) There are two or more reservoirs within the jurisdiction that have major safety hazards within three years after the removal and reinforcement;
(3) Reservoirs that have been identified as Class III dams and have not yet carried out risk removal and reinforcement work, should take measures to restrict their use according to regulations;
(4) Before the end of 2022, the safety appraisal task of the reservoir that has reached the safety appraisal period in 2020 has not been completed in an orderly manner;
(5) Before the end of 2025, the task of removing and reinforcing the dangerous reservoirs that have been identified before 2020 and the new dangerous reservoirs that have reached the safety appraisal period in 2020 and have been identified after the identification has not been completed;
(6) Failing to complete the safety appraisal that needs to be carried out every year during the "14th Five-Year Plan" period in a timely manner, and failing to carry out risk removal and reinforcement of newly added dangerous reservoirs in a timely manner;
(7) Failure to promptly supervise and rectify the problems existing in the survey and design of the project, construction progress, quality and safety, use of funds, and completion acceptance;
(8) If the function is shrinking, the scale is reduced, the risk-removing reinforcement technology is infeasible, or the economy is unreasonable, the risk-removing reinforcement is still carried out without downgrading or scrapping after sufficient demonstration;
(9) Project legal persons of three or more projects within the jurisdiction are interviewed, or project legal persons of two or more projects are notified of the situation.
Article 10 If the legal person of the reservoir reinforcement project has any of the following circumstances, the water administrative department shall order it to make rectification within a time limit; if there are two or more circumstances, it shall be interviewed:
(1) Large and medium-sized reservoirs have not implemented the bidding system, project supervision system, and contract management system; small reservoirs have not implemented local construction management requirements;
(2) Failing to prepare a construction flood season plan in accordance with regulations, failing to report it to the competent department for record and strictly implement it;
(3) failing to set up a quality management institution or establish a sound quality management system;
(4) Failing to implement the responsibility system for production safety, and failing to establish and improve production safety rules and regulations;
(5) Relevant work files for the reinforcement of the reservoir have not been established or the files are obviously incomplete.
Article 11 If the legal person of the reservoir reinforcement project is under any of the following circumstances, the water administrative department shall order it to rectify within a time limit and conduct interviews with it; if there are two or more situations, the competent department shall be notified:
(1) A production safety accident of a large or larger reservoir occurs;
(2) The project has obvious quality defects or major safety hazards;
(3) The preliminary design fails to implement the safety appraisal results and verification opinions;
(4) The preliminary design changes have not gone through the corresponding procedures as required, and the major design changes have not been reported to the original approval department for approval;
(5) Failing to complete various construction tasks in accordance with the approved construction content;
(6) Failure to complete tasks in accordance with the annual implementation plan;
(7) The relevant project construction contents were not completed as planned before the flood season, and the safety flood control requirements were not met;
(8) After the project is completed, the water storage operation does not pass the completion acceptance of the main project (or the lower gate water storage acceptance);
(9) The financial management of the project and the management of the use of funds do not comply with the relevant regulations, and there are serious problems.
Article 12 For the quality, safety, contract and fund problems of the survey and design, supervision, construction, quality inspection and other participating units during the implementation of reservoir risk elimination and reinforcement, they shall be investigated for the lifelong responsibility for the quality of the person in charge of the responsible unit of the water conservancy project in accordance with the Administrative Measures (Trial), "Water Conservancy Project Construction Quality and Work Safety Supervision and Inspection Measures (Trial)", "Water Conservancy Project Contract Supervision and Inspection Measures (Trial)", "Water Conservancy Fund Supervision and Inspection Measures (Trial)" and other relevant regulations implement accountability.
Article 13 The relevant responsible persons of the units who are held accountable shall be held accountable by the units with management authority, and the clues of suspected violations of discipline and law shall be found and transferred to the relevant discipline inspection and supervision organs or judicial organs.
Article 14 The responsible unit or responsible person shall be held accountable in any of the following circumstances:
(1) Concealing the truth, obstructing, interfering or not cooperating with supervision and inspection;
(2) Threats, intimidates and retaliates against whistleblowers, accusers, whistleblowers, and supervision and inspection staff;
(3) Those who have the conditions for rectification but refuse to rectify the violations, and the rectification is not in place;
(4) Other circumstances that should be dealt with severely in accordance with the law, discipline and regulations.
Article 15 The results of the accountability investigation shall be incorporated into the annual assessment of the river and lake chief system.
Article 16 These Measures shall come into force as of the date of issuance.
Measures for the Supervision and Inspection of the Safe Operation of Small Reservoirs
Chapter 1 General Provisions
Article 1 In order to further strengthen the operation management and protection of small reservoirs, implement the main responsibility for safe operation, and standardize the supervision and inspection and accountability work, in accordance with the "Flood Control Law of the People's Republic of China", "Regulations on the Safety Management of Reservoirs and Dams", and "The General Office of the State Council on Effectively Strengthening Reservoirs" Notice on Risk Removal, Reinforcement and Operation Management and Protection, "Small Reservoir Safety Management Measures", "Guiding Opinions on Deepening the Reform of Small Water Conservancy Project Management System", "Water Conservancy Project Operation Management Supervision and Inspection Measures (Trial)" and "On Implementing the Reservoir Safety Degree" These Measures are formulated in accordance with relevant laws, regulations, rules, and policy documents such as the Notice on Emergency Response Measures for Floods.
Article 2 These measures are applicable to the supervision and inspection of the safe operation of small reservoirs organized by the Ministry of Water Resources, and shall be implemented by reference when the local water administrative departments at all levels carry out supervision and inspection in accordance with their statutory duties.
Article 3 The safety operation supervision and inspection and accountability of small reservoirs shall adhere to the principles of compliance with laws and regulations, objective and impartial, graded implementation, and appropriate measures.
Article 4 The main body responsible for the safety management of small reservoirs is the reservoir management unit, the reservoir competent department (or the owner), the corresponding water administrative department, and the local people's government.
The competent authority for the safety of small reservoirs affiliated to a rural collective economic organization is the local township or town people's government.
Chapter 2 Inspection Contents, Methods and Procedures
Article 5 The safety operation supervision and inspection of small reservoirs shall be carried out in strict accordance with the list of problems, and the main contents include operation management and engineering entities.
In terms of operation management, the following are mainly checked:
(1) The implementation of the flood control administrative responsible person, the flood control technical responsible person, and the flood control inspection responsible person (hereinafter referred to as the "three responsible persons" for flood control);
(2) The implementation of the rainwater forecast and report of the reservoir, the dispatching and operation plan (dispatching plan), and the dam safety management (flood control) emergency plan (hereinafter referred to as the "three key links" of flood control);
(3) Routine inspection and maintenance;
(4) General management situation.
In terms of engineering entities, the following are mainly checked:
(1) The situation of the main building;
(2) Equipment and facilities.
For a list of questions, see Appendix 1.
Article 6 The supervision and inspection of the safe operation of small reservoirs is mainly carried out by means of "four nos and two straights".
For special circumstances and clues to problems such as leadership's instructions, petition reports, media exposure, assignment and transfer, special investigations and inspections should be carried out by combining explicit investigations and unannounced visits according to specific circumstances.
Article 7 The inspection team is generally composed of two or more persons with relevant work experience in water conservancy project management, and generally adopts the following methods to carry out on-site inspection work:
(1) To inspect the small reservoir project site;
(2) Checking the registration, dispatching and operation, maintenance and maintenance, inspection and inspection, safety appraisal, use of funds, problem reporting and handling of small reservoirs, etc.;
(3) Ask the relevant personnel of the management unit and the "three responsible persons" for flood control or organize a discussion, and ask the management unit to make an explanation if necessary;
(4) Carry out necessary extended inspection and cross-examination.
Article 8 The supervision and inspection of the safe operation of small reservoirs shall be carried out through the links of "inspection, recognition, correction, and punishment". The main work flow is as follows:
(1) Incorporate the supervision and inspection of the safe operation of small reservoirs into the annual supervision and inspection plan;
(2) Formulating work plans for supervision and inspection;
(3) Forming an inspection team and organizing on-site supervision and inspection;
(4) To corroborate and identify the problems found in the inspection;
(5) timely feedback the problems found during inspection to the management unit and the water administrative department at or above the county level;
(6) Put forward suggestions for rectification and accountability for the problems found in the inspection;
(7) Issue rectification notices, urge rectification of problems and rectification inspections;
(8) Carrying out accountability in accordance with relevant regulations;
(9) To find clues about suspected violations of discipline and law, and transfer them to the relevant discipline inspection and supervision organs or judicial organs.
Article 9 When problems are found in the on-site inspection, the inspection team shall keep necessary supporting materials, such as photocopying relevant certification files and documents, taking photos and videos to record the problems, etc. The relevant units and individuals shall actively cooperate with the inspection work.
Chapter III Problem Identification and Rectification
Article 10 The problems found in the supervision and inspection of the safety operation of small reservoirs shall be specifically described and accurately identified in strict accordance with the terms of the problem list.
Article 11 After the problems found in the supervision and inspection organized by the Ministry of Water Resources are verified and identified, a problem ledger will be formed as required, and all of them will be uploaded to the water conservancy supervision information platform.
Article 12 The inspected unit shall formulate rectification measures in accordance with the rectification requirements, clarify the rectification items, the rectification time limit, the responsible unit and the responsible person, etc., and continuously track and implement the rectification situation for the problems that require long-term rectification to ensure that the rectification is in place.
Article 13 The relevant business departments of the provincial water administrative departments shall summarize and sort out the rectification and implementation of problems in a timely manner within the prescribed time limit, and fill in the rectification information and upload supporting materials on the water conservancy supervision information platform.
Article 14 The water administrative departments at or above the county level are responsible for supervising and guiding the rectification of problems found during inspections in the region, and reviewing the rectification status and supporting materials.
Article 15 The Ministry of Water Resources and the provincial water administrative department shall organize on-site review and review of the rectification of problems as appropriate.
Chapter IV Responsibility Investigation
Article 16 According to the category and number of problems found in the inspection, after comprehensive quantitative scoring, the responsible units and responsible persons shall be held accountable according to the accountability standards.
Article 17 According to the management authority, the Ministry of Water Resources may directly or authorize the river basin management agency, instruct the provincial water administrative department to carry out accountability, and if necessary, may propose accountability recommendations to the provincial people's government, and may recommend relevant enterprises and institutions to follow Relevant regulations or contractual agreements implement further accountability.
Article 18 Responsibility investigation includes the investigation of the responsibility of the unit and the investigation of the responsibility of the individual.
Units include direct responsibility units and leadership responsibility units.
Directly responsible units include small reservoir management units, property owners, small reservoir authorities (or owners), engineering maintenance units, etc.; leading units include higher-level administrative units or business units (departments) with leadership responsibilities.
Individuals include those directly responsible and those with leadership responsibility.
The direct responsible persons include the "three responsible persons" for flood control, the operation management personnel, and the staff of the engineering maintenance and maintenance units;
Article 19 The methods of investigating the responsibilities of units are divided into:
(1) order rectification;
(2) interviews;
(3) Information notification (including notification to the water administrative department of the provincial people's government, notification within the water conservancy industry, notification to the local people's government, etc., the same below);
(4) other relevant laws, regulations, rules, etc., or the methods of accountability stipulated in the contract.
Article 20 The methods of investigating individual responsibility are as follows:
(1) order rectification;
(2) interviews;
(3) report on the situation;
(4) It is recommended to be transferred from the post;
(5) Recommend demotion or demotion;
(6) Recommending dismissal or rescission of the labor contract;
(7) Pursuant to other relevant laws, regulations and rules.
See Annex 2 for the accountability standards.
Article 21 The responsible unit or responsible person shall be investigated for heavy responsibility in any of the following situations:
(1) The serious hidden dangers endangering the operation safety of small reservoirs have not been discovered in time, or effective measures have not been taken or improper measures have been taken after discovery;
(2) There are bad behaviors such as fraud and concealment of safety operation problems;
(3) The rectification of safe operation problems has not been completed within the required time limit or the rectification is not in place (except for the rectification measures that cannot be implemented temporarily due to rain conditions and other reasons and a rectification plan has been formulated);
(4) The rectification situation of the reported problem is inconsistent with the actual situation or the rectification work is not promoted according to the established rectification measures;
(5) The same directly responsible unit has been "interviewed" or "reported" twice or more within one year;
(6) Other circumstances that should be severely investigated in accordance with laws and regulations.
Article 22 If the responsible unit takes the initiative to self-check and correct operation problems, and take effective measures to eliminate hidden dangers in a timely manner, it may be mitigated or exempted from liability.
Chapter V Supplementary Provisions
Article 23 The relevant requirements and procedures for the classification, inspection, identification, accountability and rectification of the operation problems of small reservoir projects shall be governed by other laws, regulations, rules and normative documents if they are otherwise stipulated.
Article 24 When a major accident such as a dam collapse occurs in a small reservoir, the Ministry of Water Resources shall organize an investigation team to conduct an accident investigation on the spot, and investigate the responsible units and persons in accordance with the management authority and relevant laws and regulations.
Article 25 These measures shall come into force as of the date of issuance, and the original Measures for Supervision and Inspection of Safe Operation of Small Reservoirs (for Trial Implementation) shall be abolished at the same time.