Joint Prevention and Control Mechanism of Water Pollution Emergencies along the Upper and Lower Reaches of Rivers Running across Provinces to Be Established
The Ministry of Ecology and Environment ("MEE") and the Ministry of Water Resources ("MWR") have recently issued the Guiding Opinions on Establishing the Joint Prevention and Control Mechanism of Water Pollution Emergencies along the Upper and Lower Reaches of Rivers Running across Provinces (the "Guiding Opinions").
The Guiding Opinions outline eight key priorities, including establishing the collaboration mechanism, improving information notification and conducting joint monitoring. Among others, the Guiding Opinions provide that provinces in the upper and lower reaches shall establish the regime to notify each other of information about water pollution to rivers running across these provinces. In case a water pollution incident taking place in the upper reaches of the river or the abnormal water quality in the upper reaches of the river is likely to cause pollution to the reaches in other provinces, or the abnormal water quality in the lower reaches of the river is likely to indicate factors of pollution to the reaches in other provinces, the heads of upstream and downstream environment authorities shall inform each other of the situation in a timely manner. Meanwhile, the Guiding Opinions expressly state that where a water pollution emergency involving the reaches in different provinces results in any damage, the party held responsible for the pollution shall bear liability in accordance with law. In the event that a dispute over water pollution affecting multiple provincial administrative regions arises, the governments of the relevant provinces shall organize negotiations to resolve the dispute mainly through monetary compensation.