Decree No. 185 / 1988 Coll.
Decree of the Ministry of Forestry and Water Management and Woodworking Industry of the Czech Socialist Republic amending and supplementing Decree No. 144 / 1978 Coll., on Public Water and Public Sewerage
Valid
Effective from 01.01.1989
185
DECLARATION
Ministry of Forestry, Water and Wood Processing Industry
Czech Socialist Republic
of 4 November 1988
amending and supplementing Decree No. 144 / 1978 Coll., on Public Water and Public Sewerage
The Ministry of Forestry and Water Management and Wood Processing Industry of the Czech Republic provides, pursuant to § 24 (6) and § 30 (4) and in agreement with the Ministry of Construction and Construction of the Czech Republic according to § 38 (2) of Act No. 138 / 1973 Coll., on Water (Water Act):
The Decree of the Ministry of Forestry and Water Management of the Czech Socialist Republic No. 144 / 1978 Coll., on Public Waterways and Public Sewerage, is amended as follows:
1. in § 1 (2) (b) and § 2 (2) (b), reference 3 shall be deleted;
2. the following Section 2a and Section 2b are inserted after Section 2:
(1) The water connection is a pipeline which brings water from the public water pipeline to the property just beyond the water meter (main water meter), or just before the main water closure for the property, unless the water meter is fitted.
(2) The water supply connection from the public water pipeline is a waterworks:
(a) to supply water to industrial or agricultural production sites;
(b) supply water to a group of objects where their supply requires the construction of their own distribution lines system;
(c) if it leads to objects for which a water pressure amplification device is built (hydrophone station, etc.),
(d) if it is longer than 100 m and serves to deliver water in a daily average quantity greater than 0,5 l / sec.
(3) Sewerage connection is a pipeline which takes waste water from the point of exit of internal sewerage (5a) to the sewerage network of public sewerage.
(4) The connection to public sewerage is a waterworks:
(a) if it serves to discharge waste water from industrial or agricultural production sites;
(b) taking waste water from a group of objects where their drainage requires the construction of their own sewer network;
(c) if it serves for discharges of waste water which require prior cleaning to comply with the maximum permitted pollution level and may only be discharged into the public sewerage network with the permission of the water authority;
(d) if it is more than 100 m long and its clearance is greater than 20 cm.
(1) The water and sewage connections are divided into public and household parts. The home part of the connection is the part that is on the connected property, unless otherwise specified.
(2) The property attached shall be considered as an object in which the water and land belonging to it form a continuous unit or which is assigned to it ("continuous unit '). 5b)
(3) The public part of a water or sewage connection shall be determined according to the following principles:
(a) where the water supply or sewage connection is connected to a water supply line or a street sewer ("distribution line") in a public area, 5c) the public part of the connection is the part which is stored in that public area up to the place where it leaves the public area for the first time;
(b) where a water or sewage connection is connected to a distribution line on a parcel other than a public area and is contained in it, the public part of the connection shall be a part of the supply line of a maximum of 2 m from the distribution line;
(c) if the water or sewage connection is connected to a distribution line on a parcel other than a public area and is not contained in it, the public part of the connection shall be part of the connection from the distribution line to the border of the connected property;
(d) where the water or sewage connection is connected to a distribution line at the border of public spaces and other than public spaces, the public part of the connection referred to in points (a) to (c) shall be determined, depending on where the connection diverges and on which land the connection is or is not entirely stored.
Before issuing a building permit in cases not covered by points (a) to (d), the administrator may agree otherwise, with the participation of a future user, to split the connection.
(4) The division of the connection determined or agreed in accordance with the preceding paragraph shall not change even if the property is changed. ';
3. In Article 3, the words "which manage public pipelines, public sewerage and their systems' are replaced by the words" which exercise the right to manage public pipelines, public sewerage and their systems'.
4. In Article 4 (2), the words "Maintainer (owner, user) 'are replaced by the words" Owner or organisation which exercises the right to manage national property or user who has the necessary right or obligation to dispose of real estate under special regulations (the owner)'.
5. in Articles 9, 12 (2) and (4), 14 (1) and (3), 16 (2) and 28 (2), the words "administrator (owner, user)" shall be replaced by "owner."
6. Paragraph 10 is deleted (5).
7. The following Sections 10a, 10b and 10c are inserted after Section 10:
(1) The investor of a newly built water or sewage connection is the owner who joins the public water or public sewerage, unless otherwise specified in the specific regulation. 11)
(2) The costs incurred in the repair or reconstruction of a water or sewage connection shall be allocated according to the costs actually incurred for the public and home part of the connection between the AIFM and the owner; if the purpose of the reconstruction is to make modifications to the internal water duct or to the internal sewage system, or if the repairs and repairs are caused by incorrect operation of the internal water duct or internal sewage system, they shall be borne by the owner.
(3) Owners of buildings intended for sanitation on the basis of a decision of the construction office to remove the construction are required to ensure the removal of the water and sewage connections to their cargo, the method of disposal must be agreed in advance with the administrator.
The administrator shall be a party to the proceedings for the issue of a building permit for water and sewage connections; monitor whether the conditions which it applied in its comments on the submitted project documentation have been fulfilled. If the connection is being merged, the administrator shall take over the public part of the connection.
(1) The right of management to the public part of a water or sewage connection built by a state socialist organisation shall be transferred to the administrator free of charge.
(2) Transfers of public parts of water or sewage connections built by organisations other than public or public citizens shall be carried out according to the Economic Code and the Civil Code. 11a) An economic contract or a written transfer agreement shall include an indication of the value of the assets transferred. ';
8. in Articles 16 (2) and 28 (2), reference 13 shall be deleted).
9. The following Section 40a is inserted after Section 40:
(1) Organisations and citizens are obliged to organise the relations resulting from ownership or right of management of water and sewage connections in accordance with this Decree until 31 December 1990.
(2) Both organisations and citizens are obliged to submit to the administrator, when transmitting the public part of the connection, one copy of the documentation of the actual implementation of the connection, indicating the public part and the home part of the connection on the land map.
(3) If the documentation referred to in the preceding paragraph has not been submitted or if the connection is not in a state of operation or does not comply with the technical standards, the administrator shall be entitled to refuse the receipt of the connection.
(4) Until the public parts of the water and sewage connections are transferred, the existing owners shall ensure that they are properly maintained and operated. ';
They shall be deleted:
1. Decree of the Ministry of Forestry and Water Management of ČSR No. 29 / 1975 Coll., on water and sewage connections, which are considered as water works.
2. Decree of the Ministry of Forestry and Water Management of ČSR No. 49 / 1975 Coll., on the procedure of water authorities in bringing the existing water management into compliance with the Water Act and on the procedure for issuing permits for discharges of waste or special waters into public sewers.
This Decree shall take effect on 1 January 1989.
Minister:
Ing. Boček v. r.
5 (a) ČSN 73 6760 internal sewer.
5b) e.g. parking and washing areas, sandpit, parks, playground, yard, garden.
5c) § 4 of the Order of the Central Office of National Committees No. 97 / 1961 Coll., on the names of municipalities, street marking and house numbering.
11) Decree of the Federal Ministry of Finance, the Ministry of Finance of the Czech Republic, the Ministry of Finance of the SSR and the President of the Czechoslovak State Bank No. 136 / 1985 Coll., on financial, credit and other assistance of cooperative and individual housing construction and modernization of family houses in personal ownership. The proceeds of the Federal Ministry of Finance, the Ministry of Finance of the Czech Republic and the Ministry of Finance of the SSR No. 38 of 12.12.1987 on the financing of the housing and construction of technical and civil equipment, reg. 26 / 1987 Coll.
11a) § 349 and 350 of the Economic Code. § 407 of the Civil Code. Section 3 of Decree of the Federal Ministry of Finance No. 119 / 1988 Coll., on the Management of National Property.
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Regulation Information
| Citation | Decree of the Czech Socialist Republic, Ministry of Forestry and Water Management and Wood Processing Industry No. 185 / 1988 Coll. |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 08.12.1988 |
|---|---|
| Effective from | 01.01.1989 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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