China's Water Pollution Laws: Effective Implementation Or Empty Promises?

China's water resources are estimated to be only 2,000 cubic meters per capita, a quarter of the world's average level. The country has been listed as one of 13 countries with a water shortage by the United Nations. Pollution exacerbates water scarcity in China, with industrial wastewater, domestic sewage, agricultural hazardous pesticides, and manure polluting surface water and groundwater. China has implemented various measures to combat water pollution, including the Water Pollution Prevention and Control Law, amended in 2017, which outlines responsibilities for protecting and restoring water sources and sets fines for water pollution accidents. Despite these efforts, water pollution remains a persistent problem, with local governments struggling to implement water quality standards. Citizen monitoring of waterways has been shown to decrease pollution by supporting government action and oversight, and China's water pollution control strategies have been prioritized, driving remarkable achievements. However, challenges remain, and the source control of pollution is inadequate.

Water pollution control laws

China has been facing a serious water crisis due to socioeconomic development outpacing water-carrying and supplying capacities. The country's water resources are estimated to be only 2,000 cubic meters per capita, a quarter of the world's average level. China's large area, varied topography, and uneven distribution of water resources have led to it being listed as one of 13 countries with a water shortage by the United Nations.

To address this crisis, China has implemented various water protection measures, including the National Five-Year Water Ecological Function Plan (NFWEFP), which has been updated several times since its implementation in 1995. The plan includes protection of high-function waters and improvement of severely polluted waters, with varying environmental zoning to improve water quality (WQ). The Water Pollution Prevention and Control Action Plan, released in 2015, emphasized the importance of promoting water-pollution prevention, water ecological protection, and water-resource management.

The Water Pollution Prevention and Control Law of the People's Republic of China, amended in 2017, outlines specific measures to address water pollution. It mandates the local people's government to organize the protection and recovery of lakes, rivers, and wetlands, and to construct ecological environment treatment projects. The law also prohibits the building, renovating, or enlarging of construction projects that discharge pollutants in drinking water source protection zones.

Despite these efforts, challenges remain. Local governments' failure to implement water quality standards set by national and provincial authorities has contributed to persistent water pollution. Additionally, there is a lack of structured scientific designs, macro-level policies, and coordinated mechanisms to respond to environmental health problems at the national level. China's progress in water pollution control has provided important insights for other developing countries, but more efforts are needed to improve wastewater collection and treatment capacity.

To further improve water quality, citizen monitoring of waterways and dissemination of monitoring results to local and provincial governments have proven effective in reducing pollutant concentrations.

Water quality standards

To address these challenges, China has implemented various measures, including the National Five-Year Water Ecological Function Plan (NFWEFP), which has been updated regularly since 1995. The plan includes zoning policies that aim to protect high-function water sources and improve severely polluted areas. The most recent iteration includes over 2,000 zones, reflecting the scale and complexity of China's water challenges.

At the national level, the Ministry of Ecological Environment and the Ministry of Water Resources are responsible for monitoring water quality and quantity, including surface water, groundwater, and seawater. This extensive surveillance provides data for environmental management and quality assessments of river and marine water. The National Health Commission also plays a crucial role in monitoring drinking water quality, ensuring its safety for human consumption.

China has also enacted laws and regulations specifically targeting water pollution. The Water Pollution Prevention and Control Law, amended in 2017, outlines the responsibilities of local governments and relevant departments in protecting water sources and responding to pollution incidents. For instance, Article 62 of the law states that vessels conducting operations with pollution risks must take effective measures to prevent water pollution, and the maritime safety administration is tasked with strengthening supervision and administration.

Despite these efforts, challenges remain. There is a lack of structured scientific designs, macro-level policies, and coordinated mechanisms to address environmental health problems at the national level. Local governments sometimes fail to implement water quality standards set by higher authorities, and there is a need to improve wastewater collection and treatment capacity to meet environmental quality standards.

However, citizen monitoring of waterways has been shown to decrease pollution by supporting government action and oversight. Disseminating monitoring results to local and provincial governments has led to improved water quality, as it increases accountability and enables more effective resource management. China's progress in water pollution control has provided valuable insights for other developing countries facing similar challenges.

Water scarcity and shortages

China's water pollution laws have been amended several times, most recently in 2017. These laws aim to protect drinking water sources and prevent water pollution from vessels and construction projects. However, there are challenges to their effectiveness, including a lack of structured scientific designs, macro-level policies, and coordinated mechanisms to address environmental health issues.

Now, focusing on water scarcity and shortages:

China, with its large area, varied topography, and uneven distribution of water resources, faces significant challenges when it comes to water scarcity and shortages. The country has only 6% of the world's total freshwater resources, which translates to about 2,000 cubic meters per capita, a quarter of the global average. This disparity is further exacerbated by pollution from industrial wastewater, domestic sewage, agricultural pesticides, and manure, which contaminates both surface and groundwater. As a result, only a small percentage of China's water sources meet the criteria for drinking water supply, and the country has been listed as one of 13 nations facing water scarcity by the United Nations.

The water scarcity crisis in China has far-reaching consequences for both its population and economy. With a population of 1.43 billion, water scarcity affects people's access to consumable water, threatening their very survival. Additionally, China's fast-growing economy, including its booming industries, relies heavily on water-intensive processes. For example, the electricity sector, particularly coal-fired plants, consumes a significant amount of water for cooling, and the country's smokestack industry-heavy economy uses up to 22% of its water. This combination of high water demand and limited resources has led to a severe water shortage crisis.

To address the water shortage crisis, China has embarked on various water schemes and massive water projects to enhance water availability in dry regions. These projects include the transportation of surplus water from southern China to the north through megaprojects, highlighting the country's pronounced water supply and demand imbalance. However, these projects also bring about new environmental, social, and geopolitical challenges.

Furthermore, climate change plays a pivotal role in China's water scarcity crisis. The Qinghai-Tibetan Plateau, also known as 'The Third Pole,' has historically supplied glacial meltwater to civilizations along the Yangtze and Yellow Rivers. However, global warming has raised the temperature of this region, reducing the availability of fresh snow and ice. As a result, the ice mass is less capable of providing a stable source of river flow, further contributing to the water scarcity challenge.

Water pollution fines

China's water pollution laws have been amended several times since 2000, with the most recent changes being made in 2017. These laws have introduced much tougher fines for polluters, with penalties of up to 500,000 yuan (around $70,000) for water pollution incidents.

The 2008 version of the law increased fines to up to 200,000 or 500,000 yuan, a two-to-fivefold increase on previous penalties. The 2017 amendments also introduced a "'Double Penalty' system", where a fine is imposed on the polluting entity, and if the incident is serious, the person in charge may be fined up to 50% of their previous year's income. This provision is designed to encourage those in charge of polluting entities to better manage environmental controls.

Despite these improvements, there are concerns about how these laws will be enforced, given China's poor environmental enforcement record. The laws also do not include a "penalty per day" for continuing violations, which has been an effective tool for regulators in other countries.

In 2014, a high court in Jiangsu province fined six companies 160 million yuan (around $26 million) for polluting rivers, which was the highest pollution fine in China at the time. The companies were found guilty of discharging 25,000 tonnes of chemical waste into two rivers.

China's water pollution problems are exacerbated by its large area, varied topography, and uneven distribution of water resources. The country's rapid economic growth has also caused widespread environmental damage, with around 70% of its lakes and rivers polluted. China's water resources are estimated to be only 2,000 cubic meters per capita, a quarter of the world's average level.

Water protection measures

The Chinese government has recognised the importance of water pollution control and has prioritised it in its environmental protection strategies. This has resulted in the implementation of various measures and policies, such as the Water Pollution Prevention and Control Action Plan, released in 2015, and the Ten-Point Water Plan. These plans aim to promote water pollution prevention, water ecological protection, and water resource management. The National Five-Year Water Ecological Function Plan (NFWEFP), covering all of China, has also been updated multiple times since its implementation in 1995. The latest iteration includes zones for different levels of protection and pollution control.

At the national level, the Ministry of Ecological Environment and the Ministry of Water Resources are responsible for monitoring the quantity and quality of water, including surface water, groundwater, and seawater. They work to ensure the safety of drinking water sources and have established a drinking water source reserve system. The National Health Commission is tasked with monitoring drinking water quality, and by the end of 2018, their monitoring efforts had covered urban and rural areas, with the aim of reaching all townships by 2020.

Local governments are responsible for implementing water pollution control measures and improving water quality. This includes organising the protection and recovery of lakes, rivers, and wetlands, as well as constructing ecological environment treatment projects. However, local governments have sometimes failed to implement water quality standards set by national and provincial authorities, which has contributed to persistent water pollution problems.

To address this, citizen monitoring of waterways has been implemented, with information disseminated to local and provincial governments, leading to improved water quality. This approach holds local resource managers accountable to higher authorities and supports government action and oversight.

China has also focused on the treatment of wastewater, with the collection and treatment capacity approaching the levels of developed countries. The construction of domestic sewage treatment plants in many parts of China has positively impacted the rural environment. Additionally, laws have been amended to prohibit construction projects that discharge pollutants in drinking water source protection zones, with non-compliant structures subject to demolition or closure orders.

Frequently asked questions