Decree No. 123 / 2012 Coll.
Decree on charges for discharges of waste water into surface water
Valid
Effective from 01.06.2012
123
DECLARATION
of 30 March 2012
on charges for discharges of waste water into surface water
The Ministry of the Environment provides pursuant to § 92 (2), § 93 (1), § 94 (1) and § 96 (8) of Act No. 254 / 2001 Coll., on Water and amending certain laws (Water Act), as amended by Act No. 150 / 2010 Coll.:
Subject matter
This decree regulates
(a) demonstration of the competence of authorised laboratories, control laboratories and measuring groups to carry out waste water analyses;
(b) a model for the charge report and the fee return;
(c) the particulars of the application for deferral of payment of the fee (hereinafter referred to as "deferral");
(d) the procedure of the Czech Environmental Inspection
1. examination of an application for a deferral authorisation; and
2. authorisation of deferral.
Eligibility of authorised laboratories, control laboratories and measuring groups to carry out waste water analyses
(1) The professional competence of authorised laboratories is demonstrated by a valid accreditation certificate issued pursuant to the Technical Requirements Act for Products (1), a laboratory's correct operation certificate or an authorisation to carry out official measurements under the Metrologii2 Act.
(2) The competence of control laboratories is demonstrated for sampling and analysis of waste water by a certificate of accreditation or authorisation to perform official measures2) applicable to all types of charged pollutants and for sampling of waste water.
(3) The competence of the measuring groups is demonstrated by authorization to perform official measurement of the flow of measuring instruments with free level2).
(1) The control laboratory or measuring group must be property and personnel independent of the polluter whose source of pollution is controlled.
(2) The control laboratory may not act as authorised laboratory for a controlled source.
Model of charge reporting and return
The model of the fee reporting and return shall be set out in an annex to this Order.
Forms of applications for deferral
(1) The polluter shall add to the application for a deferral in the event of the start of work on the waste water treatment plant:
(a) a final decision authorising the construction;
(b) final decisions to permit the discharge of waste water from the relevant source of pollution during the construction period, together with an indication of the levels of pollution to be achieved after completion;
(c) the results of the monitoring of the quality of waste water discharged from the sewage treatment plant 12 months before the construction began;
(d) a document indicating the amount and concentration of waste water pollution discharged from the source of pollution before the construction takes place;
(e) the budgetary costs of carrying out the construction;
(f) a copy of the journal (3), showing that the construction has been started, in particular that the contractor has taken over the construction site and has started to carry out the works and the decision to determine the test operation;
(g) the timetable for the construction;
(h) a contract concluded for the association of funds to finance the construction.
(2) A request for a deferral in the event of the construction of another installation shall be accompanied by:
(a) a final decision authorising the construction or modification of another installation; in the absence of such authorisation, a declaration by the polluter of the start of construction of another installation, supported by an opinion of the Water Authority pursuant to Paragraph 18 of the Water Act,
(b) the budgetary costs of carrying out another installation;
(c) proof of actual start of work, indicating the start date and the construction timetable;
(d) final decisions to permit the discharge of waste water from the source of pollution concerned for the period of work on another installation, together with an indication of the values to be achieved after the completion of the work; the date of completion of the work will be explicitly indicated in the authorisation,
(e) a document indicating the quantities and concentrations of waste water pollution discharged from the source of pollution before the implementation of another installation.
(3) The documents by which the polluter demonstrates compliance with the conditions of deferral are:
(a) a clearance decision or approval from which the date of completion of the construction or other installation is apparent;
(b) an assessment of the test operation and evidence of failure to exceed the values of the pollution indicators set out in the decision of the Water Authority to permit the discharge of waste water for the relevant source of pollution and the time after completion of the construction or other installation; These values must not exceed the level laid down by other legislation4),
(c) evidence of actual costs of construction or other equipment.
Procedure of the Czech Environmental Inspection when examining applications for authorisation of deferral and authorisation of postponement
(1) The calculation of the annual amount of the advances for the pollution source for which a deferral has been granted shall be carried out by the Czech Environmental Inspection Office ("Inspection") by:
(a) on the basis of a charge report, calculate the estimated total amount of fees for the entire duration of the deferral;
(b) set the percentage of the deferred part of the fees from the total amount of the fees, up to a maximum of 80% of the total amount of the fees, of the budgetary costs of the construction or other installation and of the calculated total amount of the fees for the duration of the deferral;
(c) for calendar years in which the period of grace is less than 12 months, the period of grace shall be set only for the months in which the period of grace is extended.
(2) The resulting amount of the deferred part of the fees shall be determined by the Inspections according to the actual costs of the construction or other installation proven by the polluter and the actual pollution and volume of waste water released for the duration of the deferral.
Repeal
It shall be repealed:
1. Decree No. 293 / 2002 Coll., on fees for discharges of waste water into surface water.
2. Decree No. 110 / 2005 Coll., amending Decree No. 293 / 2002 Coll., on charges for discharges of waste water into surface water.
Efficacy
This Decree shall take effect on 1 June 2012.
Minister:
Mgr. Chalupa v. r.
Annex to Decree No. 123 / 2012 Coll.
MODEL
Charging report / charging declaration for source of pollution *)
(under Water Law)
1) Article 16 of Act No. 22 / 1997 Coll., on Technical Requirements for Products and on the Amendment and Addition of Certain Acts, as amended by Act No. 71 / 2000 Coll. and Act No. 102 / 2001 Coll.
2) Article 21 of Act No. 505 / 1990 Coll., on Metrology, as amended by Act No. 119 / 2000 Coll.
3) § 157 of Act No. 183 / 2006 Coll., on Territorial Planning and Construction Regulations (Construction Act).
4) Government Decree No. 61 / 2003 Coll., on the characteristics and values of permissible pollution of surface water and waste water, the formalities for the authorisation to discharge waste water into surface water and sewerage and on sensitive areas, as amended.
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Regulation Information
| Citation | Decree No. 123 / 2012 Coll., on fees for discharges of waste water into surface water |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.04.2012 |
|---|---|
| Effective from | 01.06.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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