No. 50

Provisions of Shanghai Municipality on the Administration of Waterfront Cityscape and Environmental Sanitation were adopted at the 128th Routine Meeting of the Municipal People’s Government on June 15, 2021, and are hereby promulgated. They shall be effective as of September 1, 2021.

Mayor Gong Zheng

June 30, 2021

Provisions of Shanghai Municipality on the Administration of Waterfront Cityscape and Environmental Sanitation

(Promulgated by Decree No. 50 of Shanghai Municipal People's Government on June 30, 2021)

Article 1 (Purpose and Basis)

With a view to strengthening the administration of waterfront cityscape and environmental sanitation, creating clean and beautiful urban landscape surroundings and promoting the construction of ecological civilization in this Municipality, these Provisions are formulated in accordance with the Regulations on the Administration of City Appearance and Environmental Sanitation and the Regulations of Shanghai Municipality on the Administration of City Appearance and Environmental Sanitation and other laws and rules.

Article 2 (Scope of Application)

These Provisions shall apply to the administration activities of waterfront cityscape, environmental sanitation and supervision within the administrative jurisdiction of this Municipality.

Article 3 ( Departmental Responsibilities)

The greening and city appearance department is the competent administrative department in charge of waterfront cityscape and environmental sanitation.

The water affairs department shall, according to the functions and limits of authority, take in charge of incorporating the relevant waterfront cityscape sanitation into the river maintenance and management.

Town/township people's governments shall, according to their functions and duties, take in charge of the daily administration of waterfront cityscape sanitation under their jurisdiction.

Departments of development and reform, planning resources, housing and urban and rural construction management, transportation, ecological environment, urban management and law enforcement shall, in accordance with their respective functions and duties, coordinate the implementation of these Provisions.

Article 4 (River Chief System)

Major issues related to the administration of waterfront cityscape and environmental sanitation in this Municipality shall be incorporated into the river chief system for overall planning and coordination.

Article 5 (Planning)

The municipal greening and city appearance department, shall, in conjunction with the municipal water affairs department and other departments, incorporate the layout of clean-keeping operative wharves, garbage disposal facilities and other relevant supporting facilities required for the waterfront cityscape sanitation work into the cityscape sanitation development planning in line with the development of urban landscape and sanitation undertakings of this Municipality.

The district greening and city appearance department shall, together with the district water affairs department and planning resources department, draw up a special plan for waterfront cityscape sanitation  under its jurisdiction according to the development plan. The municipal greening and city appearance department and the municipal water affairs department shall give guidance.

Article 6 (System of Responsibility Zones)

This Municipality shall implement the system of responsibility zones for waterfront cityscape and environmental sanitation. (hereinafter referred to as "responsibility zones").

Article 7 (Appointment of Responsible Persons)

The persons in charge of the responsibility zones shall be determined in accordance with the following basic regulations:

1.The water areas occupied by wharves and their affiliated facilities as well as the berthing ships shall be the responsibility of the wharf operation and management units;

2.The water areas occupied by such facilities as trestle ridges and water affinity platforms shall be the responsibility of the units using or managing such facilities; And

3.Other responsible persons as specified in the Regulations of Shanghai Municipality on the Administration of City Appearance and Environmental Sanitation .

Article 8 (Liability Requirements)

The responsible persons shall perform their duties in accordance with the provisions of the relevant requirements of responsibility zones specified in the Regulations of Shanghai Municipality on the Administration of City Appearance and Environmental Sanitation.

The responsible person shall have the right to make persuasion or restraint on the act violating the provisions on the administration of waterfront cityscape and environmental sanitation in the zones of responsibility. If persuasion or restraint is ineffective, a report shall be promptly made to the departments of greening and city appearance, water affairs, urban management and law enforcement or the town/township people's governments.

Article 9 (Liability Notification )

The municipal and district greening and city appearance departments shall, in conjunction with the water affairs departments, make the liability notification of the responsible zones, and organize the delivery of the notification to the responsible persons. The liability notification shall specify the person in charge, the specific scope of the responsible zones, the duty requirements and the corresponding legal liability, etc.

The responsible person shall publicize the liability notification in the conspicuous place of his office or business site, and keep it clean and intact. The demonstration text of the liability notification shall be formulated by the municipal greening and city appearance department, jointly with the municipal water affairs department.

Article 10 (Information Files of Responsible Persons)

The municipal and district greening and city appearance departments and the town/township people's governments shall, according to the division of functions and duties, set up information files of responsible persons, record and update the name of the responsible persons, the specific scope of the responsible zones, the duty performance and other basic information in a timely manner.

Article 11 (Self-regulation)

This Municipality encourages responsible persons in charge of certain waters areas to exercise self-management over their duty performances.

The municipal and district greening and city appearance departments and the town/township people's governments may, according to the actual conditions of their respective districts, promote the self-regulation and administration of the responsible zones.

Article 12 (Classification of Cleaning Sections)

Clean-keeping sections of water areas shall be classified to different grades by the factors of the feature of the local functional water area and the environmental quality requirements of the specific activity area.

The quality of the clean-keeping sections of the water area shall conform to the requirements of the corresponding grade of cleaning .

The cleaning grade and specific scope of the water area shall be determined by the municipal greening and city appearance Department, jointly with the municipal water affairs department.

Article 13 (Operational Service Unit)

The mode of government purchase service may be adopted in waterfront  cleaning operations to be implemented by the operation service unit entrusted by the municipal, district greening and city appearance departments and water affairs departments and the town/township people's governments, and the operation service agreement shall be signed with the service unit.

The operation service agreement shall include the name, section, term, operation method, operation frequency, quality standard and other operation service items.

The demonstration text of operation service agreement shall be formulated by the municipal greening and city appearance department and the water affairs department.

Article 14 (Operation Service Specifications)

The operation service unit shall conduct cleaning operations in water areas in accordance with the operation mode, operation frequency and other requirements stipulated in the operation service agreement, and observe the following service specifications:

Operators are obliged to wear life jackets and other protective articles;

The operation facilities and equipment are clean, safe and effective;

Floating wastes intercepted or salvaged shall be classified according to regulations;

When operating or berthing, the ship in operation shall not obstruct the passage of other ships;

The ship operation discharge shall conform to the prevention and control requirements for the atmospheric, water and environmental noise pollution; And

Other service specifications prescribed by laws, rules, regulations and relevant standards.

When the operation service units conduct waterfront cleaning operations in accordance with the provisions of the preceding Paragraph, the responsible persons and other relevant units and individuals shall provide coordination.

Article 15 (Evaluation)

The municipal and district greening and city appearance departments and water affairs departments and the town/township people's governments shall organize regular evaluation on the service units for the waterfront cleaning service quality, and publish the evaluation results, which shall serve as an important basis for the renewal of the operation service agreement.

In the process of evaluation, the municipal, district greening and city appearance departments, water affairs department and the town/township people's government shall listen to the opinions of relevant units and individuals within the cleaning operation service area.

Article 16 (Pollution Control over Aquatic Plants)

The municipal greening and city appearance department shall, in conjunction with the municipal water affairs department, formulate a plan for the pollution control over aquatic plants in consideration of the ecological characteristics, distribution, diffusion area and time frame of such aquatic plants as water hyacinth and green duckweed.

The district greening and city appearance department, water affairs department and the town/township people's government shall, according to the division of their functions and duties, strengthen the organization and guidance for the pollution control over aquatic plants.

Operational service units shall, in accordance with the pollution control plans for aquatic plants, formulate special operational scheme to improve the efficiency of the interception, salvage, collection and treatment of aquatic plants.

Article 17 (Management over Household Garbage from Ships)

Units engaged in the commercial collection and transportation of domestic garbage from ships shall obtain service licenses for domestic garbage operation according to law.

Vessels that have delivered household garbage from ships in this Municipality shall, in accordance with the relevant provisions on the administration of household garbage, collect and store the household garbage by classification and deliver it to the relevant collection and transport units.

Article 18 (Emergency Handling)

The municipal, district greening and city appearance departments, water affairs departments and town/township people's governments shall work out contingency plans for waterfront environmental sanitation emergencies, and assure clean site and rapid disposal under the circumstances of major activities, explosive growth of aquatic plants and floating wastes accumulation.

Article 19 (Information Sharing)

The municipal, district greening and city appearance, water affairs departments and the town/township people's governments shall promote the informatization and intellectualization construction of waterfront cityscape sanitation management, set up and improve the information sharing mechanism with relevant departments, and improve monitoring, early warning and emergency response level of waterfront cityscape sanitation .

Article 20 (Scientific Research and Development)

Operational service units, institutions of higher learning, scientific research institutions and other units are encouraged to carry out relevant scientific research and technological development, apply and popularize intelligent and environmentally friendly new technologies, new materials, new processes and new equipment for waterfront cityscape sanitation, and improve the related management and service grade .

Article 21 (Social Supervision)

This Municipality implements a system of social supervisors for the administration of waterfront cityscape and environmental sanitation. The municipal and district greening and city appearance departments, together with the water affairs departments, shall publicly select and employ social supervisors of waterfront cityscape sanitation management to participate in supervising the cityscape sanitation .

Any unit or individual shall have the right to complain or report to the relevant departments the acts violating the provisions on the administration of waterfront cityscape and environmental sanitation through the citizen service hotline, or directly to the relevant departments, which shall handle the acts according to the provisions.

Article 22 (Social Publicity)

The municipal, district greening the city appearance departments, water affairs department, town/township people's government and other relevant departments shall, through various forms, publicize the knowledge related to the waterfront cityscape sanitation and the liability system, strengthen the awareness of units and individuals to consciously maintain the waterfront cityscape sanitation, coordinate in clean-keeping operation and respect the work of operators.

Article 23 (Regional Cooperation in the Yangtze River Delta Areas)

The municipal, district greening the city appearance departments, water affairs departments shall set up communication and coordination mechanism with related departments of the Yangtze River Delta Region, strengthen the coordination in waterfront cityscape and environmental sanitation planning, responsible zones, clean-keeping operation services, promote building the Yangtze River Delta regional information sharing and joint logistics linkage of waterfront cityscape and environmental sanitation management system .

The municipal greening and city appearance department and water affairs department shall consult with relevant departments of the Yangtze River Delta Region and share the following information:

1.information related to the waterfront cityscape and environmental sanitation planning, clean- keeping operations and administrative law enforcement;

2.information on the distribution, diffusion and control of aquatic plants; and

3.other information determined by the parties through negotiation.

The municipal and district greening and city appearance departments, water affairs departments shall strengthen the joint prevention and treatment of aquatic plant pollution with the relevant departments in the Yangtze River Delta Region, and promote the formation of a cooperative mechanism for the control of aquatic plant sources and their interception, salvage, collection and treatment.

Article 24 (Guidance Requirements)

Where there are provisions of laws and rules for dealing with acts violating these Provisions, such provisions shall prevail.

Article 25 (Administrative Responsibility)

Where the municipal or district greening and city appearance departments, water affairs departments, town/township people's government and other relevant departments and their staff that commit any of the following acts in violation of these Provisions, the directly responsible chief and other directly responsible persons shall be given sanctions according to law:

1.failure to perform the duties of determining the responsible persons and the scope of the responsible zones according to law;

2.assignment of the operation service unit in violation of provisions;

3.failure to perform the duties of supervision and administration of water area cleaning services according to law;

4.failure to investigate and deal with the discovered, complained or reported illegal acts according to law; and

5.other acts of abusing power, dereliction of duty or engaging in malpractices for personal gains.

Article 26 (Effective Date)

These Provisions shall be effective as of September 1, 2021. The Regulations of Shanghai Municipality on the Administration of Waterfront Environmental Sanitation, promulgated by Decree No. 18 of Shanghai Municipal People's Government on October 11, 1989, amended by Decree No. 30 of Shanghai Municipal People's Government on February 1, 1993, amended by Decree No. 28 of Shanghai Municipal People's Government on June 24, 2004, and amended and re-promulgated by Decree No. 52 of Shanghai Municipal People's Government on December 20, 2010, shall be repealed simultaneously.