Decree No. 183 / 2018 Coll.

Order on the formalities for decisions and other measures of the Water Authority and on documents submitted to the Water Authority

Valid Effective from 01.09.2018
183
DECLARATION
of 13 August 2018
on the formalities for decisions and other measures of the water authority and the documents submitted to the water authority
The Ministry of Agriculture, in cooperation with the Ministry of the Environment, pursuant to § 115 (2) of Act No. 254 / 2001 Coll., on Water and on the amendment of certain laws (Water Act), as amended by Act No. 225 / 2017 Coll.:
§ 1
Subject matter
This decree provides
(a) the documents submitted by the applicant to the water authority in the case of an application for:
1. a permit for the treatment or modification of surface or groundwater pursuant to Article 8 (1) (a), (b), (d), (e) or (f) of the Water Act, with the exception of a permit for the collection of groundwater referred to in point 2;
2. a permit to collect groundwater pursuant to § 8 (1) (b) (1) (1) of the Water Act or to amend it for individual persons (households);
3. a permit to discharge waste water into surface or groundwater waters pursuant to § 8 (1) (c) of the Water Act or to amend it, with the exception of a permit to discharge waste water into surface or groundwater waters referred to in point 4;
4. a permit to discharge waste water into surface or groundwater waters pursuant to § 8 (1) (c) of the Water Act or to amend it for the needs of individual persons (households);
5. authorisation or amendment of certain activities under Paragraph 14 (1) of the Water Act;
6. building permits for water works pursuant to Section 15 of the Water Act, with the exception of building permits pursuant to point 7;
7. building permit pursuant to Section 15 of the Water Act for a domestic sewage treatment plant, well or other water part needed to collect groundwater for the needs of individual persons (household),
8. Authorisation for discharges of waste water containing a particularly dangerous substance into sewerage pursuant to § 16 (1) of the Water Act or its amendment;
9. granting consent pursuant to § 17 of the Water Act,
10. a binding opinion issued in the framework of joint proceedings pursuant to § 94j, § 94q and subsequent building law,
11. observations pursuant to Paragraph 18 of the Water Act,
12. issue of approval for the use of water works,
13. the permit to collect groundwater pursuant to § 8 (1) (b) (1) of the Water Act for the needs of individual persons (households) and the building permit pursuant to § 15 of the Water Act for the well or other water part needed for such collection;
14. authorisation to discharge waste water into surface or groundwater waters pursuant to § 8 (1) (c) of the Water Act for the needs of individual persons (households) and building permission pursuant to § 15 of the Water Act for the domestic sewage treatment plant required for such discharge,
15. the establishment of a water source protection zone pursuant to Paragraph 30 (6) of the Water Act or its amendment;
16. the establishment of a waterworks protection zone pursuant to § 58 (3) of the Water Act or its amendment;
17. laying down the manner and conditions for the discharge of mine waters into surface or groundwater waters pursuant to § 38 (3) of the Water Act or its amendment;
18. laying down the conditions under Article 9 (8) of the Water Act for the use of defective substances or for the authorisation of an exemption for the use of defective substances pursuant to Article 39 (7) of the Water Act or its amendment;
19. Decision granting an exemption from the achievement of the objectives of water protection pursuant to § 23a (7) of the Water Act;
20. Approval of the Water Works Manipulative Rules under Paragraph 115 (18) of the Water Act;
(b) the documents to be submitted to the water authority in the case of:
1. notification of maintenance work;
2. notification of the restoration of the water work destroyed by a natural disaster or accident;
3. Reporting of water-related adjustments,
4. the declaration of water works intended for the treatment of waste water for a capacity of 50 equivalent inhabitants, the essential part of which is products referred to as CE1); and
(c) particulars of decisions, measures of a general nature, agreements, observations and binding opinions issued under the Water Act.
§ 2
Documents for the issue or modification of the authorisation to handle surface water or groundwater
[K § 8 (1) (a), (b), (d), (e) or (f) of the Water Act]
(1) The applicant shall submit an application the contents of which are set out in Annex 1 to this Order.
(2) The applicant shall submit to the application for modification of the permit for the handling of waters according to the nature of the amendment to the Annex, as indicated in the form referred to in paragraph 1, and evidence that he is entitled (Paragraph 8 (2) of the Water Act) from the existing authorisation, provided that he has been issued to another person.
§ 3
Forms of authorisation for the treatment of surface or groundwater pursuant to § 8 (1) (a), (b), (d), (e) or (f) of the Water Act
The authorisation for the handling of waters, other than those laid down in the administrative rules, shall include:
(a) the type and purpose of handling the waters;
(b) the period for which the authorisation is issued;
(c) the name of the watercourse and the number of the watercourse identifier as indicated in the waterflow register (2), the number of the hydrological order of the river basin, the name and code of the surface water body and the indication of the river kilometer of the watercourse (station) where the authorisation relates to the watercourse,
(d) the hydrogeological area number and the name and code of the groundwater body concerned by the treatment of groundwater;
(e) details of the quantities of waters to be handled, as well as other particulars, provided that this is provided for by the Water Act and those issued under it;
(f) laying down the conditions under which the handling of waters is permitted;
(g) the determination of the location of the water management site by indicative coordinates specified in the coordinate system of the Single Trigonometric Network Catastral 3),
(h) laying down the conditions for the use of defective substances for the feeding of fish and for the treatment of surface water on fish storage tanks in the case of a permit for the management of water for the purpose of fish or aquatic poultry and, where appropriate, other aquatic animals; and
(i) the setting of emission limits in the case of the release of contaminated groundwater in the case of bailouts into surface or groundwater waters (4).
§ 4
Documents for the issue or modification of a groundwater permit for individual persons (household)
[K § 8 (1) (b) (1) of the Water Act]
(1) The applicant shall submit an application the contents of which and the annexes are set out in Annex 2 to this Order.
(2) The applicant shall submit to the application for modification of the groundwater permit according to the nature of the amendment to the Annex, as indicated in the form referred to in paragraph 1, and evidence that it is authorised (Paragraph 8 (2) of the Water Act) from the existing authorisation, provided that it has been issued to another person.
§ 5
Formats of groundwater permit for individual persons (household)
The permit for the collection of groundwater for the needs of individual persons (households), other than those laid down in the administrative rules, shall contain:
(a) the purpose of handling water;
(b) the period for which the authorisation is issued;
(c) the hydrogeological area number and the name and code of the body of groundwater from which the groundwater will be collected;
(d) information on the quantities of groundwater collected, as well as other data under the Water Law or legislation issued under it;
(e) laying down the conditions under which the handling of waters is permitted;
(f) determination of the location of the groundwater sampling point by indicative coordinates determined in the coordinate system of the single trigonometric catastral network.
§ 6
Documents for the issue or modification of a permit to discharge waste water into surface or groundwater waters
[K § 8 (1) (c) of the Water Act]
(1) The applicant shall submit an application the contents of which are set out in Annex 3 or Annex 4 to this Regulation.
(2) The applicant shall submit to the application for modification of a permit for the discharge of waste water into surface or groundwater according to the nature of the amendment to the Annex, as specified in the forms referred to in paragraph 1, and evidence that it is authorised (Paragraph 8 (2) of the Water Act) from the existing authorisation, if it has been issued to another person.
§ 7
Documents for the issue or modification of a permit to discharge waste water into surface or groundwater water for individual persons (household)
[Paragraph 8 (1) (c) of the Water Law]
(1) The applicant shall submit an application the contents of which are set out in Annex 5 or Annex 6 to this Order.
(2) The applicant shall submit to the application for modification of a permit for the discharge of waste water into surface or groundwater according to the nature of the amendment to the Annex, as specified in the forms referred to in paragraph 1, and evidence that it is authorised (Paragraph 8 (2) of the Water Act) from the existing authorisation, if it has been issued to another person.
§ 8
Documents for the issue or modification of an authorisation for certain activities
(Paragraph 14 (1) of the Water Act)
(1) The applicant shall submit an application the contents of which are set out in Annex 7 to this Order.
(2) The applicant shall submit to the application for an amendment to an authorisation for certain activities according to the nature of the amendment to the Annex on the form referred to in paragraph 1 and proof that he is the legal successor to the person to whom the existing authorisation has been granted if he has been granted to another person.
§ 9
Forms of authorisation for certain activities
Authorisations for certain activities, other than those laid down in the Rules of Procedure, shall include:
(a) the type and scope of the activity authorised;
(b) the period for which the authorization is issued, where this results from the nature of the case;
(c) the name of the watercourse and the numeric water flow identifier as indicated in the watercourses register, the number of the hydrological order of the river basin, the name and code of the surface water body and the indication of the river kilometer of the water flow (station) where the application for authorisation concerns the water flow,
(d) the hydrogeological area number and the name and code of the body of groundwater in which the groundwater is situated which could be affected by the activities under Paragraph 14 (1) of the Water Act;
(e) laying down the conditions under which the activity is authorised, where this results from the nature of the case; and
(f) identification of the location of the authorised activity by indicative coordinates as determined in the coordinate system of the single trigonometric network of the cadastral.
§ 10
Documents for the issue of a building permit for water works
(K § 15 of the Water Act)
The applicant shall submit an application the contents of which are set out in Annex 8 to this Order.
§ 11
Forms of building permit for water works
In addition to the formalities for the authorisation to carry out water works, to change them and to change their use, as well as to eliminate them, arising from the administrative order or building code (5), the authorisation shall also include:
(a) basic data on construction, its breakdown, technical or manufacturing installations;
(b) the name of the watercourse and the numeric water flow identifier as indicated in the watercourses register, the number of the hydrological order of the river basins, the name and code of the surface water unit and the indication of the river kilometer (station) where the application for a building permit concerns a waterworks related to the water flow;
(c) the hydrogeological rayon number and the name and code of the body of groundwater, where the application for a building permit concerns a water work related to the source of groundwater; and
(d) the identification of the position of the waterworks by indicative coordinates defined in the coordinate system of the single trigonometric network of the cadastral.
§ 12
Documents for the issue of a building permit to a domestic sewage treatment plant, well or other water part needed for the collection of groundwater for individual persons (household)
(K § 15 of the Water Act)
The applicant shall submit an application the contents of which are set out in Annex 9 to this Regulation.
§ 13
Formats of building permit for a household sewage treatment plant, well or other water part needed for the collection of groundwater for individual persons (household)
The building permit for a household sewage treatment plant, a well or other water part needed for the collection of groundwater for the needs of individual persons (households) except for the formalities laid down by the administrative order or by the building law contains:
(a) basic data on construction, its breakdown, technical installations;
(b) the name of the watercourse and the numeric water flow identifier as indicated in the watercourses register, the number of the hydrological order of the river basins, the name and code of the surface water unit and the indication of the river kilometer of the watercourse where the application for a building permit concerns a domestic sewage treatment plant;
(c) the hydrogeological rayon number and the name and code of the body of groundwater where the application for a building permit relates to a well or other structure needed to collect groundwater or discharge waste water into groundwater; and
(d) the identification of the position of the waterworks by indicative coordinates defined in the coordinate system of the single trigonometric network of the cadastral.
§ 14
Documents for the authorisation to discharge waste water containing or amending a particularly dangerous substance into the sewerage
(K § 16 (1) of the Water Act)
(1) The applicant shall submit an application, the content of which and the annexes are set out in Annex 10 to this Order.
(2) The applicant shall submit to the application for modification of the authorisation for the discharge of waste water containing a particularly dangerous substance into the sewerage according to the nature of the amendment to the Annex on the form referred to in paragraph 1 and proof that it is the legal successor to the person to whom the existing authorisation was granted, if it was given to another person.
§ 15
Formats of authorisation for discharge of waste water containing a particularly dangerous substance into the sewerage
The authorisation for discharge of waste water containing a particularly dangerous substance into the sewerage, in addition to the requirements laid down in the Administrative Regulation or the Government Regulation on indicators and levels of permissible contamination of surface water (6) contains:
(a) laying down the conditions under which the discharge of waste water containing a particularly dangerous substance is permitted for sewerage; and
(b) the determination of the location of the waste water discharge site containing a particularly dangerous defective substance by sewerage, by indicative coordinates determined in the coordinate system of the Single Trigonometric Catastral Network.
§ 16
Documents for consent
(K § 17 of the Water Act)
The applicant shall submit an application the contents of which are set out in Annex 11 to this Order.
§ 17
Forms of consent
The consent, in addition to the formalities laid down in the administrative rules, in the form of a decision or a binding opinion shall include:
(a) a basic description and semi-timely definition of the construction, installation or place of activity;
(b) the name of the water stream and the numeric water flow identifier as indicated in the watercourses register, the number of the hydrological order of the river basins, the name and code of the surface water body and the indication of the river kilometer of the water flow (station), if the consent request concerns the water flow;
(c) the hydrogeological rayon number and the name and code of the body of groundwater where the construction, installation or activity is affected by groundwater;
(d) the determination of the period for which the consent is granted and, where appropriate, other conditions, where this results from the nature of the case;
(e) identification of the location of the project, by indicative coordinates defined in the coordinate system of the single trigonometric network of the cadastral; and
(f) an assessment of the potential impact of the project on the state of the water department concerned (Section 23a of the Water Act).
§ 18
Documents for the issue of a binding opinion issued under the joint procedure
(K § 94j, § 94q and subsequent building law)
The applicant shall submit an application the contents of which are set out in Annex 12 to this Order.
§ 19
Forms of binding opinion delivered in the framework of joint proceedings
A binding opinion shall include, in addition to the formalities laid down in the Rules of Procedure:
(a) a basic description and a semi-timely definition of the project;
(b) the name of the watercourse and the numeric water flow identifier as recorded in the watercourses register, the number of the hydrological order of the river basins, the name and code of the surface water unit and the indication of the river kilometer of the water flow (station), as far as the intention is concerned,
(c) the hydrogeological area number and the name and code of the body of groundwater, where the intention is to affect groundwater;
(d) the laying down of the conditions under which the intention is possible, where this results from the nature of the case, including the requirement to submit a decision on the classification of a waterworks in the category of technical safety oversight to the application for approval for the use of a waterworks, where the waterworks are subject to such supervision; and
(e) identification of the location of the project, by indicative coordinates defined in the coordinate system of the single trigonometric network of the cadastral.
§ 20
Documents for observations
(K § 18 of the Water Act)
The applicant shall submit an application, the content of which and the annexes are set out in Annex 13 to this Order.
§ 21
Forms of observations
The statement shall indicate whether the project is feasible in terms of the interests protected by the Water Law, in particular whether it complies with the river basin management and flood risk management plans and the water and sewage development plans, approved for the territory concerned, or under what conditions.
§ 22
Documents for the issue of approval for the use of water works
(K § 15 Water Act and § 122 Construction Act)
The applicant shall submit an application the contents of which are set out in Annex 14 to this Regulation.
§ 23
Forms of approval and decision to use water works
(1) In addition to the requirements laid down in the administrative order or in the law of construction, the approval and approval procedure shall include the determination of the position of the water works by coordinates of the water works definition point and for the construction of domestic waste water treatment plants, wells or other water works necessary for the collection of groundwater for the needs of individual persons (households) by orientations of the coordinates specified in the coordinate system of the Single Trigonometric Catastral Network.
(2) The definition point referred to in paragraph 1 means:
(a) objects located outside the watercourse point located near the centre of the water works;
(b) objects located across the watercourse or across the valley of the intersection between the axis of the object and the axis of the watercourse (valley axis);
(c) liner structures located point
1. at the beginning of the water works,
2. at the end of the water works,
d) a set of objects point located close to the centre of the territory resulting from the delimitation of scattered objects,
(e) the points related to the shore line, the intersection of the axis of the object and the shore line.
§ 24
Reporting of maintenance work, restoration of water works destroyed by natural disasters or accidents, water treatment
(K § 15a (3) of the Water Act)
The notification shall be made on a form containing the particulars and annexes set out in Annex 15 to this Order.
§ 25
Documents for the issue of a groundwater permit for the needs of individual persons (household) and a building permit for a well or other water part needed for such collection
[K § 8 (1) (b) (1) and § 15 of the Water Act]
The applicant shall submit an application the contents of which are set out in Annex No 16 to this Order.
§ 26
Documents for the issue of a permit for the discharge of waste water into surface or groundwater water for the needs of individual persons (household) and the building permit for the home sewage treatment plant needed for such discharge
[K § 8 (1) (c) and § 15 of the Water Act]
The applicant shall submit an application the contents of which are set out in Annex 17 or 18 to this Order.
§ 27
Documents for the notification of water works intended for the treatment of waste water up to a capacity of 50 equivalent inhabitants, the essential part of which is CE-labelled products
(K § 15a (1) and (2) of the Water Act)
The notification shall be made on a form containing the particulars and annexes set out in Annex 19 to this Order.
§ 28
Documents for establishing or amending the water source protection zone
(Paragraph 30 (6) of the Water Act)
(1) The applicant submits a proposal, the content of which and the annexes are set out in Annex 20 to this Decree.
(2) The applicant shall provide evidence that it is authorised under Paragraph 8 (2) of the Water Act to handle the surface or groundwater for the design of the change of the protection zone according to the nature of the amendment to the Annex as indicated in the form referred to in paragraph 1 and, where it is not a water tank protection zone, that it is authorised under Paragraph 8 (2) of the Water Act.
(3) The supporting document7) shall be submitted in duplicate.
§ 29
Details of measures of a general nature concerning the establishment of a water source protection zone
Measures of a general nature concerning the establishment of a water source protection zone, other than those laid down in the administrative rules, shall include:
(a) the purpose and degree or, where appropriate, the degree of the protection zone;
(b) the scope of the protection zone with the indication of the parcel numbers of the land according to the cadastral property to which the protection zone is affected, where appropriate, the geometric and location identification of the protection zone, unless its border is identical to the parcel boundaries of the cadastral map;
(c) the name of the watercourse and the numeric water flow identifier as indicated in the watercourses register, the number of the hydrological order of the river basin, the name and code of the surface water body and the indication of the river kilometer (station), where the protection zone concerns the source of surface water;

Sign in for notes, favorites and notifications

Rating:

Comments 0

To write comments, please sign in.

Regulation Information

CitationDecree No. 183 / 2018 Coll., on the formalities for decisions and other measures of the Water Authority and on documents submitted to the Water Authority
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation23.08.2018
Effective from01.09.2018
Effective until-
Status Valid
The regulation text is for informational purposes only.
Favorites
Browsing History