Act No. 113 / 2018 Coll.
Act amending Act No. 254 / 2001 Coll., on Water and amending certain laws (Water Act), as amended, and Act No. 388 / 1991 Coll., on the State Environmental Fund of the Czech Republic, as amended
Valid
Effective from 01.01.2019
Contents
ČÁST PRVNÍ
Čl. I
㤠16
„Díl 1
Oddíl 1
§ 88
§ 88a
§ 88b
§ 88c
§ 88d
§ 88e
§ 88f
§ 88g
§ 88h
Oddíl 2
§ 88i
§ 88j
§ 88k
§ 88l
Díl 2
Oddíl 1
§ 89
§ 89a
§ 89b
§ 89c
§ 89d
§ 89e
§ 89f
§ 89g
§ 89h
§ 89i
§ 89j
§ 89k
§ 89l
Oddíl 2
§ 89m
§ 89n
§ 89o
§ 89p
§ 89q
Díl 3
Oddíl 1
§ 90
§ 90a
§ 90b
§ 90c
§ 90d
§ 90e
§ 90f
§ 90g
Oddíl 2
§ 90h
§ 90i
„HLAVA XII
§ 103
§ 103a
㤠125
㤠125k
㤠126b
Čl. II
ČÁST DRUHÁ
Čl. III
ČÁST TŘETÍ
Čl. IV
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113
THE LAW
of 29 May 2018
amending Act No. 254 / 2001 Coll., on waters and amending certain laws (Water Act), as amended, and Act No. 388 / 1991 Coll., on the State Environmental Fund of the Czech Republic, as amended
Parliament has decided on this law of the Czech Republic:
Amendment of the Water Law
Act No. 225 / 2002 Coll., Act No. 320 / 2002 Coll., Act No. 274 / 2003 Coll., Act No. 20 / 2004 Coll., Act No. 275 / 2013 Coll., Act No. 413 / 2005 Coll., Act No. 61 / 2014 Coll., Act No. 167 / 2008 Coll., Act No. 151 / 2011 Coll., Act No. 157 / 2009 Coll., Act No. 227 / 2009 Coll., Act No. 281 / 2009 Coll., Act No. 150 / 2010 Coll.
1. In the first sentence of Article 5 (3), the words' accumulation or 'shall be inserted after the words' accumulation or ', after the word' cleaning ', the words' waste water with subsequent discharge into surface or groundwater 'and the words' or other disposal 'shall be deleted.
2. In Article 7 (3), the words ", special service facilities (56) 'shall be inserted after the words" Port operators' and the words "Special service facilities or 'shall be inserted after the words" in ports or using'.
Footnote 56 reads as follows:
"56) Point 11 of Annex 1 to Act No. 114 / 1995 Coll., as amended."
3. In Article 7 (4), the words "special service equipment or" shall be inserted after the words "such activities shall not be secure."
4. in Article 8 (1) (e), the words "to these waters and, where appropriate, to surface waters" shall be deleted;
5. In Paragraph 8, at the end of paragraph 3, the dot is replaced by a comma and the following point (g) is added:
"(g) for the discharge of waste water from lightening chambers, protecting sewerage from hydraulic overload into surface water."
6. In Article 9 (3), "Sections 88 and 101 'is replaced by" Title X, Part 1 and Title XI';
7. Paragraph 10 (1) reads as follows:
"(1) Authorised, with the exception of the authorisation provided for in Sections 8 (1) (a) (2) to (4) and 8 (1) (c), in a total quantity of at least 6 000 m3 of water in a calendar year or 500 m3 of water in a calendar month, whoever is authorised to handle water in that quantity, which is a natural medical source or a source of natural mineral water or which is a dedicated mineral, or who is authorised to handle water in accordance with Section 8 (1) (b) (1) in a quantity exceeding the volume referred to in Section 88b, shall measure the amount of water to be loaded and transmit the results of such measurements to the relevant flood administrator in accordance with the procedure referred to in Section 22 (2)."
8. Article 16, including the title, reads:
Authorisation for discharges of waste water containing a particularly dangerous substance or a priority hazardous substance into the sewerage
(1) Discharges of waste water which may reasonably be considered to contain one or more particularly dangerous defective substances or priority hazardous substances shall require the authorisation of the water authority for sewerage.
(2) Where waste water containing particularly dangerous defective substances or priority hazardous substances is discharged into the sewerage from one or more separate technologically defined production sites, the authorisation referred to in paragraph 1 shall be required separately for each of those plants. Where industrial waste water containing particularly dangerous hazardous substances or priority hazardous substances is discharged into the sewerage which is part of the production site and is cleaned in an installation intended to clean or dispose of such waste water, the Water Authority may grant a permit to the place of discharge of the waste water from that facility.
(3) Paragraph 38 (10) to (12) shall apply mutatis mutandis when issuing such authorisation.
(4) The Water Authority shall, in the authorisation referred to in paragraph 1, impose an obligation to set up a control site and a method of measuring the volume of discharges of waste water, the levels of pollution caused by particularly hazardous harmful substances or priority hazardous substances and the way in which the results of the measurements will be transmitted to it. This shall take into account the requirements of the approved sewerage plan.
(5) Where an installation is installed with sufficient efficiency for the disposal of particularly hazardous substances or of priority hazardous substances from waste water discharged into the sewerage, the Water Authority may, in the authorisation, determine in place of the obligations referred to in paragraph 4 the conditions of operation of such equipment. ';
9. In Article 17, at the end of paragraph 1, the dot is replaced by "or 'and the following point (i) is added:
"(i) geological works related to the encroachment on the land, the purpose of which is to use the exploratory work for the construction of the ground water collection or for drilling for the use of the energy potential of groundwater."
10. In Article 17, the following paragraph 5 is added:
"(5) Before issuing the consent referred to in paragraph 1, the Water Authority shall assess the possibility of deterioration of good condition or good ecological potential by the intention of the surface or groundwater body concerned. At the same time, it shall assess whether the implementation of the project will result in a change in physical conditions which would prevent the achievement of good condition or good ecological potential by the intention of the body concerned of surface or groundwater. If it is concluded that the implementation of the project may lead to deterioration or prevent the achievement of good condition or good ecological potential of the body concerned by surface or groundwater, it shall require the applicant, by order, to apply for the subsequent implementation of the project to grant an exemption pursuant to Article 23a (8). '
11. in the second sentence of Paragraph 22 (6), "§ 108 (2) (v)" is replaced by "§ 108 (3) (v)";
12. In Article 23a (8), the introductory part of the provision reads: "Improving or preventing the achievement of good condition or good ecological potential of the body of surface or groundwater as referred to in paragraph 7 shall be possible only on the basis of an exception to be granted by the Water Authority upon request, subject to the following conditions:"
13. in Paragraph 23a, the following paragraph 9 is inserted after paragraph 8:
"(9) Without the exemption provided for in paragraph 8, an intention to deteriorate or prevent the achievement of good condition or good ecological potential of the body of surface or groundwater may not be authorised or implemented. ';
Paragraph 9 shall become paragraph 10.
14. in Article 23a (10), the words "the exemptions referred to in paragraphs 5 to 7 may be applied" shall be replaced by "the time limit referred to in paragraph 5 may be extended, the less stringent targets referred to in paragraph 6 may be set out and the exemption referred to in paragraph 8 may be granted."
15. in Paragraph 26 (4) of the introductory part of the provision, the words "paragraphs 3 to 6" shall be deleted;
16. in Article 26 (4) (b), "§ 12 (1) (h) (5)" is replaced by "§ 12 (3) (a)";
17. Paragraph 30 (9) reads:
"(9) If the reason for the protection is lost, the protection zone shall be abolished by a general measure. ';
18. In the first sentence of Article 30 (11), the words "or tenants or smugglers' shall be inserted after the words" owners'.
19. In the first sentence of Paragraph 38 (1), the words "and their mixtures with precipitation waters' shall be inserted after the words" (composition or temperature) '.
20. In the second sentence of Article 38 (1), the words "arising from the operation of landfills and sewerage sites or during subsequent treatment 'and the words" and the waste water sewerage from waste landfills' are deleted.
21. In Paragraph 38, the following paragraphs 2 and 3 are inserted after paragraph 1:
"(2) Waste water disposed of at a municipal waste water treatment plant, which is a facility for the treatment of urban waste water equipped with sewage disposal technology, shall be in accordance with the applicable sewerage rules by composition.
(3) If waste water and precipitation water are taken out together with a uniform sewer of 10a), the precipitate water becomes waste water in the flow into this sewage. '
Paragraphs 2 to 13 shall be renumbered paragraphs 4 to 15.
22. in Paragraph 38 (4), the second sentence is deleted;
23. In Paragraph 38, the sentence "Waste water disposal shall, for the purposes of this Act, be inserted at the beginning of paragraph 5, means discharge into surface or underground waters or accumulation with their subsequent departure to a sewage treatment plant in accordance with paragraph 8. '.
24. In Paragraph 38, the sentence "Professional competence for waste water analyses and sampling shall be demonstrated by a certificate of accreditation issued under the Technical Requirements for Products Act 57), a certificate of laboratory proper operation or an authorisation to perform official measurements under the Metrologii58), covering the analytical determination of relevant indicators and the collection of the required type of waste water sampling. '
footnotes 57 and 58 are as follows:
"57) § 16 of Act No. 22 / 1997 Coll., as amended.
58) Article 21 of Act No. 505 / 1990 Coll., on Metrology, as amended. '
25. in Paragraph 38 (7), first sentence, "4" is replaced by "6."
26. In the second sentence of Article 38 (7), the words "the levels of permissible waste water pollution discharged from them by the Government of the Member States' shall be replaced by the words" the minimum cleaning efficiency for the categories of products referred to as CE as a percentage shall be determined by the Government of the Member States'.
27th Paragraph 38 (8) reads:
"(8) Those who accumulate waste water in an immediate pit are obliged to ensure that it is disposed of by transport to a sewage treatment plant and, at the invitation of the Water Authority or the Czech Environmental Inspection Office, to submit evidence of waste water transport during the last two calendar years. Exports can only be carried out by a sewage treatment plant operator or by a person authorised under the Trade Code (23). The person carrying out the transport shall be obliged to issue a document to the person who is accumulating the waste water in the immediate pit showing the name of the person who is accumulating the waste water in the immediate pit, the location of the sink, the amount of waste water transported, the date of departure, the name of the person who has taken the waste water and the name of the waste water treatment plant to which the waste water will be disposed of. '
28. In the second sentence of Paragraph 38 (9), the words "from individual buildings for dwelling50), individually 'are replaced by the words" from one or more territorial buildings for dwelling50),'.
29. In Paragraph 38, the sentence "The maximum authorised amount of waste water discharged from one or more territorial buildings for housing shall not exceed 15 m3 / day overall 'is added at the end of paragraph 9.
30. In the first sentence of Paragraph 38 (10), the words "their quantity and pollution 'shall be replaced by the words" the quantity and concentration of the discharged pollution (emission limits) and the volume of discharges'.
31. In the second sentence of Paragraph 38 (10), the words "permissible values of waste water pollution 'are replaced by the words" maximum permitted values of indicators of waste water pollution (emission standards) laid down by the Government Regulation'.
32. In Paragraph 38 (10), at the end of the second sentence, the words "and the best available techniques (59) in the field of waste water disposal 'shall be added.
Footnote 59 reads:
"59) § 2 (e) of Act No. 76 / 2002 Coll., on Integrated Prevention, as amended."
33.In Paragraph 38 (12):
"(12) Where the objectives set out in the relevant river basin management plan or the water protection objectives or the environmental quality standards set out in a directly applicable European Union regulation so require, the Water Authority shall set in the authorisation more stringent emission limits than the emission limits set out in paragraph 10, and may, where appropriate, specify additional indicators and emission limits. The emission limits set by the Water Authority shall not be more stringent than those achievable using the best available techniques for waste water disposal (59). That procedure shall apply mutatis mutandis to the setting of pollution indicators and emission standards laid down by the Government Regulations pursuant to Sections 31, 34 and 35. ';
34. in Paragraph 38 (14), "8" is replaced by "10."
35. in the second sentence of Paragraph 39 (3), the words "and particularly dangerous" shall be deleted.
36. in Paragraph 39 (7) (a), the word "trough" shall be inserted after the words "and maintenance."
37. in Paragraph 39 (10), "paragraphs 2, 4 and 5" shall be replaced by "paragraphs 2, 4 and 5 shall apply mutatis mutandis."
38. In the first sentence of Paragraph 39 (12), the word "k 'is replaced by the words" to decompose feed and the related feed'.
39. In § 39 (12) second sentence, § 116 (1) (d), § 122 (1) of the introductory part of the provision, § 122 (1) (a), § 122 (5) (a), § 125a (1) (d), § 125g (1) of the introductory part of the provision, and in § 125g (1) (a), the word "defective" shall be deleted.
40. In the first sentence of Article 42 (1), the words "or the perpetrators of an accident 'shall be inserted after the words" the obligation to protect surface or groundwater' and the words "(hereinafter referred to as" the originator ')' shall be replaced by the words "(hereinafter referred to as the originator of the defective condition ')'.
41. In the third sentence of Paragraph 42 (1), the words "the cost of the originator 'are replaced by the words" its costs'.
42.In Paragraph 42 (1), the fourth sentence is deleted.
43. In Paragraph 42 (3), the words "paragraph 1" shall be deleted.
44. In Article 54 (3), the words "and for the activities of the Czech Environment Inspection pursuant to § 112 'shall be inserted after the words" Water Law Authorities'.
45. in the second sentence of Article 54 (4), the words "including the assessment of draft emission limit values in terms of compliance with § 38 (10)" and the words "binding opinion (§ 104 (9)) and exemption under § 23a (8), including an assessment of the possibility of deterioration or impossibility of obtaining good status or good ecological potential by the intention of the water body concerned (§ 23a (7)), and the flood hazard and flood hazard rates (§ 17 (1) (c)," shall be inserted after the words "[§ 104 (9)].
46. in Article 67 (2) (d), the words' shall be inserted after the words' other temporary accommodation '; this shall not apply to the establishment of camps consisting only of tents which were established in that place before the establishment of the active zone of the flood area and which may be removed immediately in the event of a flood hazard';
47. In the first sentence of Paragraph 67 (3), the words "the Water Authority may provide 'shall be replaced by the words" the Water Authority shall provide for a flood hazard or a flood hazard'.
48. In Part One, Subpart X, Parts 1 and 3, including footnotes 36a, 38 and 40, are deleted.
49. In Part One, Title X, the current designation "Part 2 'is replaced by" TITLE XI'.
Titles XI to XIII to date shall be renumbered Titles XII to XIV.
50. In Part One, Subpart X, the following Parts 1 to 3 are inserted:
Fee for the quantity of groundwater collected
Fee
Fee subject
(1) The fee charged for the quantity of groundwater collected is authorised by the groundwater permit.
(2) Where the authorised pursuant to paragraph 1 has enabled the operator of a public water pipeline pursuant to Article 11 (3) to exercise his authorisation for the treatment of water for public use under the Law governing water pipelines and sewerage, the fee shall be charged by that operator for public use.
Subject matter of fee
The charge for the quantity of groundwater collected shall be the collection of groundwater in accordance with Paragraph 8 (1) (b) (1).
Exemption from the fee
The charge for the quantity of groundwater collected shall be exempt from the collection of groundwater by the taxpayer in the territory of a single municipality or military exit, the volume of which does not exceed 6 000 m3 per calendar year or exceeds 500 m3 per month of the calendar year.
Basis of fee
The charge for the quantity of groundwater collected shall be based on the volume of water collected in m3.
Fee rate
The fee for the quantity of groundwater collected is set out in Annex 2 to this Act.
Calculation of the fee
The charge for the quantity of groundwater collected shall be calculated as the product of the charge base and the fee rate.
Fee period
The fee period for the quantity of groundwater collected shall be the calendar year.
Budgetary determination of the fee
The levy on the amount of groundwater collected is from:
(a) 50% of the budget of the county in whose territory the groundwater is collected; and
(b) 50% of the budget of the Czech State Environmental Fund.
Purpose of the fee
(1) Part of the yield of the levy on the amount of groundwater collected, which is the income of the county budget, can only be used to support the construction and restoration of water infrastructure, in particular for the municipality in whose territory the collection of groundwater takes place, and to establish and supplement the special account provided for in Article 42 (4).
(2) Part of the proceeds of the fee, which is the income of the State Environmental Fund of the Czech Republic, can be used to improve the protection of the quality and quantity of water and to monitor the quantity and quality of water.
Fee management
Fee manager
(1) The administrator of the fee for the quantity of groundwater collected is the State Environmental Fund of the Czech Republic.
(2) The charge shall be paid by the customs office. The local jurisdiction of the customs office shall be governed by the registered office or place of residence of the payer.
Fee returns
(1) The fee payer for the quantity of groundwater collected is required to submit a fee return no later than 15 February of the calendar year following the end of the fee period.
(2) The fee return shall be submitted through an integrated environmental reporting system.
(3) A charge return shall not be filed where the collection of groundwater is exempt from the charge.
(4) The fee return and additional return forms are issued by the administrator.
Validity of the fee
The fee for the quantity of groundwater collected shall be payable within 30 days of the date of acquisition of the legal power of the payment notice.
Interest on late payments
In the case of a non-payment of the fee for the quantity of groundwater collected, interest shall be charged on late payment.
Fee for discharge of waste water into surface water
Fee
Fee subject
The fee for discharges of waste water into surface water shall be paid by the person who releases waste water into surface water.
Subject matter of fee
(1) The charge for the discharge of waste water into surface water is the discharge of waste water from a single source of pollution into surface water.
(2) The source of pollution shall be the territory of the municipality, the territory of the military exit, the industrial site, the construction or installation, where the waste water is released separately into the surface water.
Exemption from the fee
The discharge fee for discharges of waste water into surface water shall be exempt from:
(a) mineral waters collected from a source certified under the Act governing the spa as a natural medical resource, if they have not been used in the spa care;
(b) natural mineral waters collected from a source certified under the Act governing the spa as a source of natural mineral water, unless they have been used in the manufacture of packaged mineral waters;
(c) waters from remediation wells and systems;
(d) waste water from the flow cooling of steam turbines;
(e) waste water resulting from the use of groundwater or surface water for thermal energy pursuant to Article 8 (1) (d); or
(f) waste water from relief chambers of uniform sewage pursuant to Article 8 (3) (g) meeting the technical requirements for their construction and operation laid down in the legislation implementing the Water and Sewerage Act.
Exemption from partial fees
(1) A partial charge of volume shall be exempted from discharges of waste water, the volume of which does not exceed 100 000 m3 over the fee period.
(2) A separate pollution charge shall be exempted from discharges of waste water not exceeding the mass or concentration limit for the indicator of such pollution listed in Annex 2 to this Act.
Basis of fee
The charge for discharges of waste water into surface water consists of partial bases of the charge.
Sub-bases of fee
(1) The sub-bases of the fee are:
(a) the volume of waste water in m3 in the case of a sub-charge of volume; and
(b) the total amount of individual pollution listed in Annex 2 to this Act contained in waste water in kg in the case of a partial charge on such pollution.
(2) The taxpayer may reduce the sub-base of the individual pollution charge by the total amount of such pollution contained in the collected water from which the waste water has become discharged.
(3) For the purposes of calculating the fee, the total quantity of individual pollution in kg of water shall be calculated as the product of:
(a) the average concentration of the indicator of such pollution listed in Annex 2 to this Act in the waters in kg / m3; and
(b) water volume in m3.
(4) Where the operation of a sewage treatment plant is restricted or interrupted as a result of a flood or other natural disaster, the total amount of individual pollution in the waters referred to in paragraph 3 shall be considered as the period during which the operation has been restricted or interrupted, the product of:
(a) the number of days when the operation was restricted or interrupted; and
(b) the proportion of the total quantity of individual pollution in the waters for the preceding payment period and the number of days of that payment period.
Fee rate
(1) The rate of charge for discharges of waste water into surface water is set out in Annex 2 to this Act.
(2) When calculating the organic pollution charge for discharges of waste water, a different rate shall be used for purified and uncleaned waste water.
(3) For the purposes of calculating the fee, waters complying with the emission standards laid down in the Government Decree pursuant to § 38 (10) shall be treated as purified waste water; in the absence of an emission standard, emission limits for discharges of waste water specified in the authorisation pursuant to § 8 (1) (c).
Contents
ČÁST PRVNÍ
Čl. I
㤠16
„Díl 1
Oddíl 1
§ 88
§ 88a
§ 88b
§ 88c
§ 88d
§ 88e
§ 88f
§ 88g
§ 88h
Oddíl 2
§ 88i
§ 88j
§ 88k
§ 88l
Díl 2
Oddíl 1
§ 89
§ 89a
§ 89b
§ 89c
§ 89d
§ 89e
§ 89f
§ 89g
§ 89h
§ 89i
§ 89j
§ 89k
§ 89l
Oddíl 2
§ 89m
§ 89n
§ 89o
§ 89p
§ 89q
Díl 3
Oddíl 1
§ 90
§ 90a
§ 90b
§ 90c
§ 90d
§ 90e
§ 90f
§ 90g
Oddíl 2
§ 90h
§ 90i
„HLAVA XII
§ 103
§ 103a
㤠125
㤠125k
㤠126b
Čl. II
ČÁST DRUHÁ
Čl. III
ČÁST TŘETÍ
Čl. IV
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Regulation Information
| Citation | Act No. 113 / 2018 Coll., amending Act No. 254 / 2001 Coll., on Water and on the Amendment of Certain Laws (Water Act), as amended, and Act No. 388 / 1991 Coll., on the State Environmental Fund of the Czech Republic, as amended |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.06.2018 |
|---|---|
| Effective from | 01.01.2019 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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