Government Decree No. 16 / 1966 Coll.
Government Decree on compensation for discharges of uncleaned or insufficiently treated waste water into water streams
Valid
Effective from 01.04.1966
16
GOVERNMENT DECLARATION
of 12 March 1966
on refunds for discharges of uncleaned or insufficiently treated waste water into watercourses
The Government of the Czechoslovak Socialist Republic, pursuant to § 27 paragraph 2 of Act No. 11 / 1955 Coll., on Water Economy, as amended by Act No. 12 / 1959 Coll., under § 391 of the Economic Code No. 109 / 1964 Coll., under § 20 of Act No. 8 / 1959 Coll., laying down the basic rules on the State Budget and on the Management of Budgetary Funds, and under § 11 of Act No. 83 / 1958 Coll., on the Adjustment of Financial Planning and Financial Management of National Enterprises and other Economic Organisations of the State Socialist Sector:
Purpose of the Order
In order to gradually eliminate the unfavourable state of purity of waters, the obligation for water users to pay compensation for discharges of uncleaned or poorly cleaned waste water into water streams, under the conditions laid down in this Decree, to individual river basin management (hereinafter referred to as "flow managers').
Obligation to pay refunds
(1) Water users who discharge waste water into water streams without cleaning or cleaning them inadequately are obliged to pay compensation for discharges of such water according to the quantity of pollutants discharged and the level of malfunction. The obligation to pay compensation is without prejudice to the fact that a water user has been authorised by a water operator under the provisions of Section 8 (1) (b) of the Water Management Act to discharge its waste water.
(2) Refunds are paid by users of water discharging waste water containing undissolved substances or organic substances characterised by biochemical oxygen consumption. *)
(3) The obligation to pay the refund shall not apply to water users who discharge waste water in the quality of the water collected and to discharge waste water into public sewerage.
(4) The flow manager may refrain from collecting refunds where the pollution does not exceed 50 tonnes of BSK5 or 300 tonnes of undissolved substances per year.
(5) The payment of compensation does not relieve water users of liability for damage caused under the provisions of the Economic and Civil Code; the amounts paid under this Order cannot be taken into account for compensation for such damage.
(6) The payment of refunds and the notification of the quantity of pollution discharged (Section 6) does not replace and apply for water-related water authorisations.
Basic refund
(1) The basic refund shall be determined on the basis of the costs of the specific or generally applicable cleaning method.
(2) The basic refund is the product of a unit refund (Section 4) and the size of annual pollution.
(3) Where the preparatory or project documentation of a pollution treatment plant is available and the obligation to pay refunds applies, this documentation shall preferably be used to determine the unit and the basic refund. When fixing refunds, no account shall be taken of the yield generated by the water user by the operation of the treatment plant (use of valuable waste water substances).
(4) If a plant or sewerage plant has several effluents of waste water, the pollution values shall be added to determine the unit and the basic compensation. They shall only be assessed separately if technical possibilities are not given for the combination of effluents; In so doing, for the purposes of determining the premiums (Section 5 (1)), the basic refunds shall be added by indicator.
(5) If the water user has a device for accumulation and controlled discharge of contaminated waste water, refunds shall be determined according to year-round discharges, reduced by the amount of pollution contained in the storage facility. However, this reduction must not exceed the amount of pollution converted into an average annual effluent in the flow would result in a deterioration of water quality equivalent to 2,5 mg / l of biochemical oxygen consumption.
Unit compensation
(1) Unit refunds for pollution indicators, biochemical oxygen consumption and undissolved substances are calculated as set out in Annex, Section A.
(2) In cases where the unit refund calculated in accordance with the Annex, Section A, point 2, does not correspond to the cost of efficient treatment of the relevant waste water type, the unit refund shall be determined on the basis of the technical economic evidence as set out in the Annex, Section A, point 1. The water user is obliged to submit the necessary documentation to the flow manager upon request.
Extra
(1) The basic refund (Paragraph 3) provides for a premium, the amount of which depends on the degree of deterioration of water quality in the flow caused by waste water. The method of calculating the premium is set out in the Annex, Section B.
(2) The basic refund premium may not exceed 100% of the basic refund.
(3) In justified cases, the flow manager may reduce the calculated premium to up to 10%.
Notification of pollution data
(1) Water users shall be obliged to notify pollution flow managers which emit into water streams:
(a) the volume of water emitted per year (m3) and per second (litres);
(b) BSK5 in mg / l of waste water, kg per day and tonnes per year;
(c) the quantity of undissolved substances in mg / l of waste water, kg per day and tonnes per year.
(2) Furthermore, water users shall indicate the time course of waste water discharges. If they have a preparatory or project documentation to calculate the refund (Section 3 (3)), they shall accompany the notification.
For the detection of the reported data, a standard analysis of the eight-hour waste water sample taken in the main shift is usually carried out. Water users may also agree with the flow manager on a different method of data detection. If several analyses are available, their mean is taken as a basis.
(3) For the first notification of data, the time limit shall be 30 June 1966.
Determination of refunds
(1) The determination and amendment of the refund for the following year shall be made no later than 31 July of the preceding year. Water users shall apply the requirements to change the amount of compensation to the flow manager no later than 40 days before that date. If the water user does not apply the requirement to change the refund amount within this period, the refund amount initially determined shall remain valid. The water user's request shall be decided by the flow manager within 30 days. If it does not decide within this time limit, the data communicated by the water user shall be valid.
(2) If the water user does not provide the necessary documentation for the determination of compensation (§ 3 (3), § 6), the water user shall use other data available to him.
(3) The flow manager shall inform the water user of the time when compensation is due, the amount of compensation and the size of monthly instalments.
(4) In cases where there has been a substantial unplanned change in the size of the discharged pollution, the administrator of the flows shall adjust the amount of compensation at the request of the water user or on the basis of control findings, either temporarily or permanently. The application shall be submitted within 1 month of the change in the size of the discharges. The non-notification of pollution data (§ 6) and the unplanned increase in pollution are subject to a fine under specific regulations.
Payment of refunds
(1) The basic compensation is part of their costs for economic and budgetary special organisations.
(2) The premium on basic compensation is paid by economic organisations on the share of gross income (profit) attributable to them after the payment (Paragraph 29 (2) of Decree No. 90 / 1965 Coll., on the planned management of the national economy). In the case of budgetary special organisations, this premium constitutes an unrealistic loss.
(3) The budgetary organisation pays total compensation under the heading "various financial costs." The budget expenditure shall include only basic compensation. The premium on basic compensation shall not be budgeted and shall be paid on the savings of the budget.
(1) Refunds under this Decree are paid to flow managers.
(2) Refunds shall be payable on the 25th day of each month, one twelfth of the annual compensation to be charged. The flow manager may agree with the water user another amount of monthly instalments. If the payer fails to pay the compensation on time and in full, he shall be obliged to pay a penalty of 1 ° of the amount not paid on time for each day of delay.
Specific water species
The provisions of this Decree also apply to discharges of special types of water (Section 13 of Act No. 11 / 1955 Coll., as amended by Act No. 12 / 1959 Coll.) into the water streams, unless the Central Water Management in agreement with the competent central authorities decides otherwise.
Flows in the management of agricultural organisations
The provisions of this decree also apply to discharges of waste water into the flows under management of agricultural organisations. The exercise of the rights and obligations arising therefrom is the responsibility of the flow manager (§ 1).
Supervision
The authorities of the State Water Inspection shall supervise the correct implementation of this Decree.
Final provisions
(1) Water users are obliged to pay compensation under this Decree from 1 January 1967.
(2) This Decree shall take effect on 1 April 1966.
Lenárt v. r.
Srkovský v. r.
Annex
A. Method of calculating unit refunds
Unit refunds shall be calculated from preparatory or project documentation data or from generally derived relationships.
1. From the preparatory and project documentation, or from other technical economic evidence, where it can be used as a basis for the determination of refunds, the unit compensation for the BSK5 indicator shall be calculated as the proportion of the annual total operating costs of the cleaning plant, characterised by biochemical oxygen consumption, and the annual quantity of these substances removed by the operation of the cleaning plant. This unit refund is expressed in Kčs / kg BSK5.
Similarly, the unit refund for the indicator of the undissolved substance shall be calculated as a proportion of the annual total operating costs of the cleaning plant to remove the undissolved substances from the waste water and the annual quantity of such substances removed by the operation of the cleaning plant. The unit refund for the indicator of the undissolved substance is expressed in Kčs / t of these substances.
The unit refunds for the two indicators shall be calculated to the nearest three decimal places.
Where one cleaning plant is used to remove substances characterised by biochemical oxygen consumption and undissolved substances, the documentation taken as a basis for calculating the refunds shall include a breakdown of the total own costs for both parts.
2. The general calculation of unit refunds is based on the annual volume of discharges, i.e. the quantity of discharges of organic substances characterised by biochemical oxygen consumption, or the quantity of discharges of undissolved substances expressed in tonnes of such substances (both cases). Depending on the size of the unit refund on the size of the discharge pollution, the following are given:
(a) for the BSK5 indicator, the unit compensation is equal to the factor 5 - log x, where x is the annual quantity of discharges of organic substances, characterised by biochemical oxygen consumption, expressed in tonnes. This unit refund is expressed in Kčs / kg BSK5;
(b) for the indicator of the undissolved substance, the logythm of the unit refund shall be 2,75-0,25 log y, where y is the annual quantity of undissolved substances released, expressed in tonnes of such substances. This unit refund is expressed in Kčs / tonne of undissolved substances.
The generally determined unit refunds shall be calculated to the nearest three decimal places.
The basic refund for the relevant indicator shall be calculated by multiplying the annual quantity of pollution and unit refunds, irrespective of which method (as referred to in point 1 or 2) the unit refund was calculated.
B. Method of calculating the premium on basic refund
The size of the mark-up to the basic substitute depends on the degree of deterioration of water quality in the flow caused by the water user. The basic unit of deterioration is one twentieth of the difference in normatics values for purity classes I b and II. (according to ČSN 83 06 12 - "Assessment of surface water quality and its classification"). For the BSK5 indicator, 0,25 mg and 0,50 mg for the undissolved indicator per litre of water in the flow.
When calculating the amount of the premium to the basic refund, it is based on the waste water balance and on the 75-5-day water (Q355) flow at the effluent point.
The premium on the basic refund is as many percent of the basic refund as you calculated the deterioration of the water quality in the flow under the result of the waste water contains a unit deterioration. The number of percent mark-ups in each indicator is calculated and rounded to integers.
The resulting premium to the basic refund in its financial terms in Kčs is the sum of the surpluses calculated according to both indicators, i.e. by organic substances characterised by biochemical oxygen consumption and by undissolved substances.
*) Biochemical oxygen consumption (BSK5) means the amount of oxygen consumed by rotting organic substances contained in water for decomposition over a period of five days.
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Regulation Information
| Citation | Government Decree No. 16 / 1966 Coll., on compensation for discharges of uncleaned or poorly cleaned waste water into water streams |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.03.1966 |
|---|---|
| Effective from | 01.04.1966 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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