Full text of Act No. 2 / 1989 Coll.
Decree of the Government of the Czechoslovak Socialist Republic on payments in the water economy (as is apparent from the amendments and additions made by the Government of the Czechoslovak Socialist Republic Regulations No. 91 / 1988 Coll.)
Valid
2
THE PRESIDENT OF THE GOVERNMENT OF THE CZECH SOCIALISTIC REPUBLIC
Announces
full text of the Decree of the Government of the Czechoslovak Socialist Republic No. 35 / 1979 Coll., on payments in the water economy, as follows from amendments and additions made by the Decree of the Government of the Czechoslovak Socialist Republic No. 91 / 1988 Coll.
GOVERNMENT REGULATION
Czechoslovak Socialist Republic
on water payments
The Government of the Czechoslovak Socialist Republic orders pursuant to § 43 paragraphs 1 and 2, § 44 and 45 of Act No. 138 / 1973 Coll., on Water (Water Act):
Payment for water collection from water streams
Organisations that collect water from watercourses in quantities exceeding 15 000 m3 per year or 1250 m3 per month shall pay fees to the watercourses manager or, where appropriate, to the watercourses manager of the area where the water takes place, at the rate set by the price regulation.1)
(1) The obligation to pay the remuneration does not apply to water withdrawals from the watercourses referred to in § 43 (2) of the Water Act and to withdrawals
(a) water for the introduction of ponds, blind arms of watercourses and other tanks forming protected biotope plants and animals;
(b) ocal waters for forest production;
(c) water for the needs of the armed forces of the Czechoslovak Socialist Republic and the armed allied forces on the territory of the military escape.
(2) The sludge waters for agricultural and forest production are water extracted from the water stream at increased flows (water conditions) for irrigation. The water-management authority shall establish a lower limit of the increased flow (water-state) for the water-flow sections allowing the collection of ocal waters, in relation to the watery or other altitudes under local conditions.
Compensation for groundwater sampling
Underwater withdrawals (3) (hereinafter referred to as "withdrawals') organisations whose withdrawals exceed 15 000 m3 per year or 1250 m3 per month (hereinafter referred to as" the receiving organisation ') are obliged to pay locally to the competent water flow manager4) (hereinafter referred to as "the flow manager').
The obligation to pay fees shall not apply to withdrawals:
(a) public pipelines;
(b) for the supply of housing or public water pipelines from the establishments of the collecting organisations, provided that they are separately measured;
(c) for the purposes for which the use of drinking water is provided for by specific provisions, (5) if these samples are separately measured; the total quantity of water collected and the quantity of water not covered by the obligation to pay the remuneration shall be measured for multi-purpose sampling which cannot be separately measured, shall be determined according to the annual indicative water consumption numbers, 6)
(d) for the needs of the armed forces of the Czechoslovak Socialist Republic and the armed forces of the Allied Forces in the territory of military escapades,
(e) receiving groundwater not used for the operational purposes of the organisation;
(f) artificial infiltration of surface water, provided that the actual extraction of surface water is subject to payment;
(g) geothermal groundwater for energy use;
(h) in cases where, from a water-based point of view, the use of groundwater as drinking water is not effective as determined by the central water-management authority of the Republic; the individual cases shall be determined by that authority on the basis of proven need and for a limited period of time.
The remuneration is Kčs 2, - for 1 m3 of groundwater taken.
If the receiving organisation is not obliged to measure the water meters, 7) it shall keep a record of the samples and have documentation of their level and time distribution available. Where the sampling organisation does not show by this documentation the quantity of sampling, the payment shall be determined on the basis of the quantity of sampling indicated in the authorisation of the water operator for that collection.
(1) The collecting organisation shall notify the flow manager annually by 31 October of the total quantity of next year's withdrawals, indicating the individual withdrawals (hereinafter referred to as the notification). The notification shall also specify the withdrawals not subject to the obligation to pay the fees referred to in Article 4.
(2) If the withdrawal is authorised after the deadline for notification, the receiving organisation shall submit the notification within two months of the date on which the first withdrawal took place.
(3) The flow manager shall calculate the advance payment for the following year and shall notify its withdrawal organisation by 30 November. The advance payment shall be due by 30 September of the current year.
(4) The collecting organisation shall notify the flow manager by 15 February of the actual amount of withdrawals for the previous year.7)
(5) The flow manager shall calculate the annual remuneration according to the actual quantity of withdrawals and shall charge arrears or overpayments for the previous year by 31 March. Repayments and overpayments shall be due within 15 days of the date of receipt of the bill.
(6) If the collecting organisation fails to pay the payments referred to in paragraphs 3 and 5, it shall be obliged to pay for each day of delay a default fee of 1% of the amount not paid in due time. The same applies to the repayment of the overpayment by the flow manager.
Reimbursements for discharges of waste water into surface water
(1) Organisations which release waste water into surface water (hereinafter referred to as "discharging organisations") containing pollution in the indicators set out in Part A of the Annex are required to pay for discharges of these waters to the managers of payment flows according to the amount of pollutants in waste water and the degree of deterioration of water quality in the water stream.
(2) The obligation to pay the remuneration is without prejudice to the fact that the discharge organisation has been permitted to discharge waste water into surface water pursuant to Articles 8 (1) (c) and 23 (3) of the Water Act.
(3) Payment of remuneration does not relieve the discharging organisation of liability for damage caused under generally binding legislation.
(1) The remuneration for discharges of waste water into surface waters constitutes the basic remuneration and the remuneration premium (hereinafter referred to as the "premium").
(2) Compensation is not payable for discharges of waste water,
(a) in which the quantity of pollutants does not exceed:
| u biochemické spotřeby kyslíku (dále jen „BSK5“) | 3 t/rok, |
| u nerozpuštěných látek | 10 t/rok, |
(b) in which the quantity of undissolved pollutants in tonnes per year is less than 10 times the amount of BSK5 in tonnes per year; payment of the payment for the quantity of BSK5 above the quantity referred to in (a) shall be without prejudice to:
(c) the concentration of pollutants and the quantity of pollutants does not exceed:
| koncentrace znečištění | množství znečišťujících látek | |
|---|---|---|
| u ropných látek | 5 mg/l | a 1 t/rok, |
| u zjevné acidity nebo alkality | 0,5 mmol/l | a 500 kmol/rok, |
| u rozpuštěných anorganických solí | 1000 mg/l | a 20 t/rok, |
(d) arising from the use of geothermal water resources in agricultural plant production;
(e) in which pollution is equal to or less than the pollution of the surface waters into which waste water is discharged.
(3) No premium
(a) budgetary organisations;
(b) organisations which operate a waste water treatment plant and do not exceed the levels of the water pollution levels permitted (8) established by the water authority;
(c) organisations discharge waste water into surface waters other than watercourses.
(4) Where sampling and discharges concern the same water flow, the flow manager shall, at the request of the discharging organisation, take into account the quality of the surface water collected in the calculation of the basic remuneration in the pollution indicator of dissolved inorganic salt and in the calculation of the premium in all pollution indicators.
(5) In cases where the discharging organisation pays the basic remuneration for pollution in the BSK5 and the oil, the flow manager shall, at its request, deduct from the total amount of BSK5 the share of the petroleum related BSK5.
(1) The basic remuneration shall be calculated on the basis of the costs of the specific or generally applicable treatment of waste water the discharge of which is subject to payment obligations. According to the cost of a particular cleaning method, the basic remuneration for the next calendar year shall be calculated if the discharge organisation has delivered, within the time limit referred to in Article 12 (1), to the flow manager a preparatory or project documentation9) a waste water pollution disposal facility which is discharged into surface water; This method of calculation shall be used as a priority. Otherwise, the basic remuneration shall be calculated for that period according to the costs of the generally applicable cleaning method.
(2) The documentation referred to in paragraph 1 may be used to calculate the basic remuneration if it contains the necessary data, ensures the disposal of discharges in waste waters in a manner consistent with the present state of technical progress10) and is not more than 2 years of age, unless the construction of the cleaning plant has already started; However, the documentation of the waste water treatment plant shall only be used if, according to it, it can ensure a reduction in the concentration of waste water pollution below 5 mg / l.
(3) The method of calculating the basic remuneration is set out in Part B of the Annex.
(4) Where waste water containing BSK5 or undissolved substances is discharged with multiple effluents, the amount of pollution shall be added to calculate the rate and the basic remuneration. They are assessed separately only if technical possibilities are not given for joining the effluents, or if the effluents are placed in different surface waters.
(5) Where the discharging organisation discharges waste water to a water-based facility which, according to the decision of the water-based authority, is intended to clean (complete) such waste water, the basic remuneration shall be calculated according to the amount of pollution which is discharged from that facility.
(6) Where the discharging organisation has a storage and controlled discharge facility, the basic remuneration shall be determined according to the amount of annual pollution discharged, reduced by the amount of pollution contained in the storage facility. However, this reduction must not exceed the amount of pollution converted into a year-round water drain in the water stream would result in a deterioration of BSK5 or 0,5 mmol / l acidity or alkalinity, or 500 mg / l dissolved inorganic salt. The provisions of this paragraph shall not apply to waste waters with other pollution indicators and to discharges of waste water into surface waters other than watercourses.
(7) In calculating the basic remuneration, no account shall be taken of the yield generated by the discharge organisation by the treatment plant's operation (using valuable waste water substances).
(1) The amount of the premium depends on the degree of deterioration of water quality in the water flow caused by waste water. The method for calculating the premium is laid down in Part C of the Annex.
(2) At the request of the discharge organisation, the flow manager may adjust the calculated pollution-containing waste water charge in all or only certain pollution indicators, but not more than one tenth for each of the following reasons:
(a) the discharge of residual pollution during waste water treatment;
(b) if the water-management conditions for the use of water flow are improved by discharges of waste water;
(c) where the short-term compensation or levelling of waste water effluent is specific, the equipment or measure carried out for that purpose;
(d) if the technical equipment ensures immediate mixing of discharges of waste water with water flow.
(3) For the discharge of waste water into the water or water stream in its catchment area, 11) may be a premium of not more than 200% of the basic remuneration. The mark-up for discharges of waste water into other watercourses may not exceed 100% of the basic remuneration.
(4) A premium shall be set at 20% of the amount calculated in accordance with paragraph 1 and adjusted in accordance with paragraphs 2 and 3 for discharges of waste water from public sewerage installations.
(5) At the request of the discharging organisation, the flow manager shall reduce the premium calculated and adjusted in accordance with the preceding paragraphs by half in those cases where the discharging organisation builds a sewage treatment plant or other similar equipment of an investment nature to reduce waste water pollution to the values permitted by the water management authority; such reduced premium shall be valid from the date determined by the flow manager until the planned completion date.
(6) The discharge organisations shall not include a premium in the price calculation.
(1) The discharge organisation shall notify the flow managers for the following calendar year by 31 October each year at the latest:
(a) the volume of water emitted in litres per second, m3 per day and per year;
(b) the BSK5 value 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,
(d) the quantity of oil in mg / l of waste water, kg per day and tonnes per year;
(e) the magnitude of apparent acidity or apparent alkalinity in waste water in mmol / l and kmol per day and per year,
(f) the quantities of dissolved inorganic salts in mg / l of waste water, in kg per day and in tonnes per year.
(2) The discharge organisation shall notify the data referred to in paragraph 1 for each effluent separately; If the data are per day or per second, the maximum and average values shall be reported. It shall also report the time course of waste water discharges. Where a preparatory or project documentation is available to calculate the basic remuneration, it shall accompany the notification.
(3) For the determination of the pollution concentration, the standard analysis of the eight-hour waste water sample, usually taken in the main shift, shall be the more accurate method of detection provided that the discharge organisation does not agree with the flow manager. The determination of all pollution indicators shall be carried out from the folded sample after its perfect mixing (homogenised sample).
(1) The calculation of the remuneration and their changes are carried out by flow managers.
(2) The flow manager shall be entitled to examine the data specified in the notification pursuant to § 12 and to calculate or adjust the amount of remuneration based on the results of the examination; the discharge organisation shall be obliged to allow the examination to take place. If the discharging organisation does not provide evidence for the calculation of the remuneration (§ 10 (2), § 12), the flow manager shall use other data available to him to calculate the remuneration.
(3) The flow manager shall notify the discharge organisation of the amount of the remuneration for the next calendar year by 30 November of the current year; notify it even if the amount of the remuneration for the previous calendar year remains unchanged.
(4) If the flow manager finds that there have been significant changes in the discharge of waste water during the calendar year against data notified under the provisions of Section 12, it shall adjust the amount of remuneration and, where appropriate, monthly instalments without undue delay and inform the discharge organisation.
(5) The discharge organisation shall, by 15 February of the following year, provide the flow manager with evidence that it has discharged waste water into surface water in a quantity or quality other than the calculation according to which it has paid the payment. On the basis of these documents, the flow manager shall carry out a recalculation of the remuneration and a recalculation.
(1) Repayments shall be payable on the 25th day of each month, one twelfth of each year ("monthly instalments"). The flow manager may agree with the discharge organisation another amount of monthly instalments.
(2) If the discharging organisation fails to make payment in full and in due time, it shall pay a penalty of 1% of the amount not paid in due time for each day of delay.
Transitional and final provisions
In matters relating to State defence, the flow managers shall proceed as directed by the Central Water Authority of the Republic, issued in agreement with the Federal Ministry of Defence.
They shall be deleted:
1. the Decree of the Ministry of Energy and Water Management No. 73 / 1960 Coll., on Refunds for the Collection of Surface Water, as amended by Decree of the Ministry of Agriculture, Forestry and Water Management No. 20 / 1963 Coll., and Government Decree No. 99 / 1966 Coll.;
2. Government Decree No. 16 / 1966 Coll., on compensation for discharges of uncleaned or poorly cleaned waste water into water streams.
This Regulation shall enter into force on 1 January 1980, with the exception of the provisions of Sections 12 and 13 (1) to (3), which entered into force on 27 February 1979.
Decree of the Government of the Czechoslovak Socialist Republic No. 91 / 1988 Coll., amending and supplementing the Government of the Czechoslovak Socialist Republic No. 35 / 1979 Coll., on payments in the water economy, came into effect on 1 January 1989.
Adamec v. r.
ANNEX
A. Pollution indicators
(a) Organic substances characterised by biochemical oxygen consumption (BSK5), i.e. the amount of oxygen consumed for aerobic biochemical degradation of organic substances contained in water for five days under standard conditions.
(b) Undissolved substances are substances which are determined by water filtration and drying the residue on the filter at 105 ° C to constant weight.
(c) Petroleum substances are extractable from water without polar substances which are separated from the extract in a standardised manner.
d) The apparent alkalinity and apparent acidity are specific cases of water neutralising capacity. Alkality is the ability of some components contained in water to bind strong acids. The apparent alkalinity is the proportion of alkalinity that corresponds to the amount of acid needed to reduce pH to 8,3. Acidity is the ability of some components contained in water to bind strong principles. The apparent acidity is the proportion of acidity that corresponds to the amount of principle needed to increase the pH to 4,5.
(e) Dissolved inorganic salts are substances remaining in the filter of a sample of water after evaporation, drying and burning at 600 ° C to constant weight. The determination of the indicators is performed according to ČSN 83 0540 Chemical and physical analysis of waste water, Part 9 (BSK5), Part 3 (undissolved substances and dissolved salts), Part 4 (petroleum substances) and Part 7 (apparent acidity or apparent alkalinity).
B. Method of calculating the basic remuneration for discharges of waste water into surface water
(a) Calculation of basic remuneration according to the cost of a particular cleaning method (according to documentation)
1. The basic remuneration is the product of the rate and quantity of annual pollution.
2. The preparation or project documentation, or other technical or economic supporting documents, may be used as a basis for determining the annual remuneration (Section 10 (2) of the Government Regulation), shall be set at a rate as the proportion of the annual total own costs of equipment intended to eliminate waste water pollution and the annual amount of pollution removed by the operation of the cleaning plant.
3. Where one treatment plant serves for the treatment of waste water containing pollution in several indicators, the documentation shall include a technically justified distribution of the total own costs according to each pollution indicator; where such distribution is not possible, the rate shall be set only for the determining pollution indicator to be determined by the flow manager.
4. The rates shall be fixed for discharges of waste water with BSK5 pollution indicators, undissolved substances, petroleum substances and dissolved inorganic salts in Kčs per tonne and with pollution indicator apparent acidity or apparent alkalinity in Kčs per kmol.
5. The rates shall be rounded to three decimal places.
(b) Calculation of basic remuneration according to the costs of the generally applicable cleaning method (generally)
1. The amount of the basic remuneration for discharges of waste water with BSK5 pollution indicators and undissolved substances shall be calculated from the following relationships:
- with BSK5 pollution indicator
U = 21,5 × Z0,8265,
- with pollution indicator of the undissolved substance
U = 2,34 × Z0,7514
where U is the basic remuneration in 1000 A Z is the amount of pollution subject to payment in tonnes per year.
2. The amount of the basic payment for waste water with indicators of oil pollution, dissolved inorganic salts and apparent acidity or apparent alkalinity shall be calculated as the product of the rate referred to in point 3-5 and the amount of annual pollution or the quantity of waste water discharged.
3. The rate for calculating the basic remuneration for discharges of waste water with an oil pollution indicator shall be:
over 5 to 10 mg / l - 1,00 Kčs / m3
over 10 to 20 mg / l - 1,50 Kčs / m3
over 20 to 35 mg / l - 2,00 CZK / m3
over 35 to 50 mg / l - 2,50 Kčs / m3
over 50 mg / l - 3,00 Kčs / m3.
4. The rate for calculating the basic remuneration for discharges of waste water with an indicator of contamination of dissolved inorganic salt shall be:
600, - Kčs / t at flow rate up to 0,01 m3 / sec
300, - Kčs / t at flow rate above 0,01 m3 / sec to 0,1 m3 / sec
200, - Kčs / t at flow rate above 0,1 m3 / sec up to 1,0 m3 / sec
150, - Kčs / t at flow rates above 1,0 m3 / sec to 10,0 m3 / sec
120, - Kčs / t at flow rate above 10,0 m3 / sec.
The flow is understood as the 53-day water flow rate at the waste water discharge site (Q355). If the guaranteed flow rate is higher than the flow rate corresponding to Q355, the calculation shall be based on this higher flow rate.
5. The rate for calculating the basic remuneration for discharges of waste water with an indicator of pollution of apparent acidity or apparent alkalinity is 135, - Ccs / kmol apparent acidity or apparent alkalinity.
C. Method of calculating the premium on basic remuneration
The amount of the premium to the basic remuneration is proportional to the deterioration of water quality in the water flow resulting from the discharge of waste water for which the basic remuneration is paid. The calculation of the premium is based on the pollution balance and Q355. If the guaranteed flow rate is greater than or below the flow rate corresponding to Q355, the calculation shall be based on this higher or lower flow rate.
For waste water with pollution indicators, water quality deterioration units shall:
(a) BOD5 0,25 mg / l
(b) undissolved substances 0,50 mg / l
(c) petroleum substances 0,05 mg / l
(d) petroleum substances discharged into water and water streams in their basins 0,01 mg / l
(e) dissolved inorganic salts 5,00 mg / l
(f) apparent acidity or apparent alkalinity 0,025 mmol / l.
The mark-up shall be as many per cent of the basic remuneration as there is a unit of deterioration in the calculated water quality deterioration at the point of waste water discharge. The calculated mark-up shall be rounded to the full percentage.
D. The amount of the basic remuneration and the premium is rounded to the whole Kčs.
1) Price list for wholesale prices Department 795 1 - Surface water registration No VC-17-1, approved by the Federal Price Office No 1011 / S / FCU-07- KPC / 2 / 75 of 20.1.1975 (Price Gazette, amount 18 / 1975).
2) Act No. 169 / 1949 Coll., on Military Departures.
3) Article 2 of the Water Act.
4) Watercourses managers of water-relevant importance are the State Water Management Organisations of the Water Elbe, the Water Water Vltava, the Water Area of the Ohře, the Morava basin, the Water Oder, the Danube basin, the Water Libra, the Water Hron and the Water Bodrog and Hornád.
5) Sections 7 and 8 of the Decree of the Ministry of Health No. 45 / 1966 Coll., on the creation and protection of healthy living conditions.
6) Decree of the Ministry of Forestry and Water Management of ČSR No. 144 / 1978 Coll., on public water ducts and public sewerage. Decree of the Ministry of Forestry and Water Management of SSR No. 154 / 1978 Coll., on Public Water and Public Sewers.7) Decree of the Ministry of Forestry and Water Management of ČSR No. 63 / 1975 Coll., on the obligation of organisations to report on groundwater detection and to notify data on their purchases. Decree of the Ministry of Forestry and Water Management of the SSR No. 170 / 1975 Coll., on the obligation of organisations to report on groundwater detection and to notify data on their collection.
7) Decree of the Ministry of Forestry and Water ČSR No. 63 / 1975 Coll., on the obligation of organisations to report on groundwater detection and to report data on their collection. Decree of the Ministry of Forestry and Water Management of the SSR No. 170 / 1975 Coll., on the obligation of organisations to report on groundwater detection and to notify data on their collection.
8) Decree of the Government of the Czech Republic No. 25 / 1975 Coll., establishing the parameters for the permissible degree of water pollution. Decree of the Government of the SSR No. 30 / 1975 Coll., establishing the parameters for the permissible degree of water pollution.
9) Decree of the State Commission for Scientific, Technical and Investment Development No. 5 / 1987 Coll., on documentation of buildings.
10) Paragraph 23 (1) and (2) of the Water Act.
11) Decree of the Ministry of Forestry and Water Management of ČSR No. 28 / 1975 Coll., which determines water flows and their catchment areas and establishes a list of water-relevant water flows. Decree of the Ministry of Forestry and Water Management of SSR No. 10 / 1977 Coll., which determines the watercourses and their catchment areas and establishes a list of waterborne watercourses.
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Regulation Information
| Citation | Full text of Act No. 2 / 1989 Coll., Decree of the Government of the Czechoslovak Socialist Republic on payments in the water economy (full text as follows from amendments and additions made by the Government of the Czechoslovak Socialist Republic Decree No. 91 / 1988 Coll.) |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.01.1989 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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