Water Pollutants Discharge Permit Systems of the United States and China: A Comparison Using Referential Method

摘要

Using a referential method, a comparative study is carried out on the USA Clean Water Act (CWA) and the PRC Water Pollution Prevention and Control Law (WPPCL). Both laws employ a discharge permit system to achieve their respective environmental goals. The focus of the study is on the comparison of the CWA/National Pollutants Discharge Elimination System and the WPPCL/Water Pollution Discharge Permit system. It is first pointed out that the comparison of environmental laws is not a “better-law comparison”. Instead, an environmental law in one country may be used as reference to examine how an environmental law in another country can be developed and implemented within the respective legal framework. Comparison between the USA CWA/NPDES and the PRC WPPCL/WPDP is made from the perspectives of law objectives, implementation procedures and enforcement actions. Several recommendations are then made to better design and implement the permit system in China, with respect to ethical premise, concrete law, discharge standards and enforcement.