Decree of the State Arbitration of the Czechoslovak Socialist Republic No. 205 / 1989 Coll.
Decree of the State Arbitration of the Czechoslovak Socialist Republic amending and supplementing the Order of the State Arbitration of the Czechoslovak Socialist Republic No. 39 / 1979 Coll., which issues the basic conditions for the supply of water from public pipelines and the drainage of waste water by public sewers
Valid
Effective from 01.01.1990
205
DECLARATION
State Arbitration of the Czechoslovak Socialist Republic
of 18 December 1989
amending and supplementing the Decree of the Czechoslovak Socialist Republic State Arbitration No. 39 / 1979 Coll., which issues the basic conditions for the supply of water from public pipelines and the drainage of waste water by public sewerage
The State Arbitration of the Czechoslovak Socialist Republic on the basis of the proposals of the Ministry of Forestry and Water Management and Wood Processing Industry of the Czech Socialist Republic and the Ministry of Forestry and Wood Processing Industry of the Slovak Socialist Republic and after consulting the participating central authorities, pursuant to Article 392 (2) of the Economic Code No. 109 / 1964 Coll., in the full version published under No 80 / 1989 Coll. (hereinafter referred to as "the Act"):
The Decree of the State Arbitration of the Czechoslovak Socialist Republic No. 39 / 1979 Coll., which issues the basic conditions for the supply of water from public pipelines and the drainage of waste water by public sewerage, is amended as follows:
1. Paragraph 2 is renumbered paragraph 1 and the following paragraph 2 is added:
"(2) If the sampling point is used jointly by several organisations, the owner or the organisation having the right to manage the installation shall be the customer immediately downstream of the public part of the water supply or drainage. The relationship between the customer and other associated organisations shall be governed by an economic contract. ';
2. In Paragraph 3, the following words are added at the end of the last sentence: "or technically excessively difficult '.
3. In Paragraph 5 (1), the following sentence is added at the end: "The agreement needed for the creation of a contract cannot be replaced in accordance with § 153 (3) (b) of the Act. '
4. Article 5 (2), last sentence, reads: "For sections of public sewerage operated exceptionally and temporarily without an approved sewerage system, organisations may agree in an economic contract values of concentration and balance-sheet pollution, quantity and temperature of discharges of waste water."
5. In Article 5, the following paragraph 3 is inserted after paragraph 2:
"(3) In cases where the sampling point is connected to an object serving bulk accommodation, housing, nursery, kindergarten, selected educational, cultural or sports facilities (7a) exclusively or in conjunction with another of these objects, it is sufficient that the subject of the filling is determined only by the amount of water supplied or the amount of waste water delivered. At the request of the supplier or customer, the subject-matter of the transaction may be determined in addition to any of the other values or all of the values referred to in the preceding paragraph, depending on the specific circumstances. ';
Paragraphs 3, 4 and 5 shall be renumbered paragraphs 4, 5 and 6.
6. Paragraph 6 (1) of the second sentence of Article 6 (1) beyond the semicolon reads: "in cases where the public part of the sewer connection is damaged or the public part of the drain connection is inserted by the operation of internal sewage or discharged waste water, the costs of repairing the public part of the connection shall be borne by the customer."
(7) Article 6 (3) is added as follows:
"(3) The rights of the customer under the contract may not be transferred to another organisation without the consent of the supplier (Section 128 (1) of the Act). In the request for consent, the customer shall indicate the organisation to which the rights are to be transferred and the date on which the right is to be transferred. If, for any reason, the transfer of rights does not take place or takes place on a non-notified date, the customer shall be obliged to inform the supplier thereof without delay after its detection. '
8. Paragraph 8 is renumbered paragraph 1 and the following paragraph 2 is added:
"(2) The quantity of water collected may deviate from the quantity agreed in the contract by 5% upwards and unrestricted downwards in each agreed period. The customer is obliged to inform the supplier of the continued substantial reduction in water consumption compared to the quantity agreed. '
9.
Unauthorised water collection
(1) Unauthorised collection of water from the public tap shall be deemed to be:
(a) where the organisation takes out water without prior contract with the supplier, except where the contract has not been concluded for the circumstances of the supplier;
(b) where the purchaser collects water in quantities higher than the contracted quantity and above the quantity tolerance (§ 8 (2)),
(c) if the customer has made such adjustments to the measuring equipment that it does not record the take-off or record less than the actual take-off and uses the equipment thus modified;
(d) where the customer uses a measuring device which he has himself damaged or where he has detected the damage and has not reported it to the supplier without undue delay;
(e) where the purchaser draws water for a purpose other than that agreed;
(f) where the buyer uses a fire bypass or a fire tap for purposes other than fire.
(2) Withdrawal shall not be unjustified if the purchaser has used the water for another purpose to prevent damage to the property or for any other serious reason and has notified the supplier without delay.
(3) The quantity of water unduly collected shall be collected by the measuring equipment and, where this is not possible, by technical calculation, based on the clarity of the pipe and on the proven time. If it is not possible to determine exactly the whole period of unauthorised water collection, this period shall be deemed to be 1 month.
(4) In the event of an unauthorised purchase of water, the buyer shall pay the supplier the costs associated with its detection, but not less than 50 CZK. '
10.
"(5) Where the customer:
(a) it draws water unduly (§ 9);
(b) supplies water without the consent of the supplier to other customers (Section 3);
(c) does not remove defects on the internal water supply line or take measures to protect the measuring device and the main water closure, 10)
(d) is late for payment of water charges for more than one year;
the supplier is entitled to restrict or interrupt the supply of water if the customer does not comply with his or her call for termination of the negotiations referred to in points (a) and (b) or with the obligations referred to in points (c) and (d) within a period which the supplier has provided for him to limit or interrupt the supply of water. ';
11.
Property sanctions
(1) If the supplier does not deliver the contracted quantity of water from the public water pipeline within the time limit agreed in the contract, he shall pay the customer a penalty of 10% of the price of the undelivered quantity of water. Such periodic penalty payments shall not apply in the case referred to in Paragraph 10 (1), if they have acted in accordance with § 10 (2), (3) and (4), or if the customer has withdrawn a smaller quantity of water in the agreed period (§ 8 (2)).
(2) The buyer shall be obliged to pay the supplier a penalty of three times the amount of water (11) due to the quantity of water unduly collected for the unauthorised purchase of water pursuant to § 9 (a) and (b).
(3) For the unauthorised collection of water pursuant to § 9 (c), (d), (e), (f), the buyer will pay the supplier a penalty of 10 000 CZK for each type of illegal collection and each case found separately.
(4) The same periodic penalty payment as in paragraph 3 shall be paid by the customer to the supplier if:
(a) it shall not allow the authorized worker of the supplier access to the measuring equipment, examination of its condition and proper deduction of the sampling;
(b) transfer rights from the contract to a third organisation (Paragraph 6 (3)) without the consent of the supplier;
(c) shall not notify the supplier, within the prescribed timeframe 11a, of a substantial change in the distribution of the water collection by price (s), which shall take place during the year. ';
12. Paragraph 15, including the title, reads:
Illegal discharge of waste water and other substances
(1) An unauthorised discharge of waste water into the public sewerage shall be considered as:
(a) discharges waste water organisations without prior conclusion of a contract with the supplier;
(b) if the customer makes adjustments to the measuring equipment so as not to record or record incorrectly the amount of waste water discharges, or some other factors determining the subject matter of the transaction (§ 5), and uses the measuring equipment thus modified;
(c) where the customer uses a measuring device which he has himself damaged or where he has detected damage and has not reported it to the supplier without undue delay;
(d) if the consumer releases waste water in greater quantities, in higher concentration or in higher pollution balance sheet or at higher temperature than agreed;
(e) when organisations release other substances into the public sewerage, the intrusion into the public sewerage must be prevented. 13)
(2) The quantity of waste water incorrectly discharged shall be collected by measuring equipment and, if this is not possible, by technical calculation, based on water sources, piping brightness and proven time. If it is not possible to identify precisely the entire period of unauthorised discharge of waste water, the period of unauthorised discharge shall be considered to be one month.
(3) In case of unauthorised discharge of waste water, the buyer shall pay the supplier the costs associated with the detection of unauthorised discharge of waste water, but not less than 50 KCs.
(4) This shall not affect the supplier's right to compensation for damage caused by an increase in the payment for discharges of waste water into surface waters, 13a) by imposing a fine for unauthorised discharges of water 13b) or for any other similar reason. '
13.
Property sanctions
(1) For the unauthorised discharge of waste water pursuant to Article 15 (1) (a) and for the discharge of more waste water than has been agreed, the customer will pay a penalty to the supplier of a penalty equal to three times the volume of waste water unduly to the public sewerage released.
(2) For the unauthorised discharge of waste water into public sewerage pursuant to Article 15 (1) (b) and (c) and for the discharge of waste water at a higher temperature than agreed by the organisation (customer), a penalty payment of 10 000 CZK will be paid by the supplier.
(3) For the discharge of waste water into the public sewerage at a higher concentration or balance sheet value of pollution than agreed, or where applicable beyond the sewerage schedule, if such water has been released into the public sewerage without the conclusion of a contract, the customer shall pay to the supplier periodic penalty payments calculated by 1% for exceeding each indicator of the concentration or balance sheet value of pollution, which shall be equal to 8% of the capped penalty for the period during which the overrun took place, for each start of the day of overshooting; where the value of the excess changes during its duration, the maximum value determined shall be taken as the basis for the calculation of the periodic penalty payment. If it is not possible to specify the time of exceeding the relevant indicator, this period shall be deemed to be 30 days.
(4) For discharges of substances whose intrusion into the public sewerage must be prevented, 13) the customer pays a penalty of 50 000 CZK for each type of such substance separately.
(5) The same penalty payment as in paragraph 4 shall be paid by the customer to the supplier if he transfers rights from the contract to a third organisation without the consent of the supplier (§ 6 (3)).
(6) The creation of the right to periodic penalty payments shall be assessed separately for each sampling point. Where discharges of waste water are unjustified for several reasons (Section 15 (1)), the penalty shall be calculated separately for each infringement. ';
14. Paragraphs 3 and 5 are deleted in Paragraph 18. At the same time, paragraph 4 becomes paragraph 3.
15. Paragraph 19 is deleted.
This Decree shall take effect on 1 January 1990.
Main Arbiter of the Czechoslovak Socialist Republic:
Vanek v. r.
7a) Objects Single classification of building buildings: 801 16 nursery buildings 801 17 nursery buildings 801 17 school buildings, children's homes for children under three years and childcare facilities 801 22 building of cleaning rooms 801 31 building of nursery schools 801 32 building of general education schools 801 33 building of apprenticeship schools and vocational schools 801 34 building of vocational schools 801 35 building of education institutions 801 72 building of schools working, studying and pupils, without building 801 73 building of institutions working, studying and pupils, with the exception of buildings of subgroup 801 48) 801 5 building for building for building 801 6 buildings for the management, administration and administration of children's homes 801 72 buildings, with no training facility 801 72 buildings and pupils, without building 801 73 buildings for schools, study and pupils and pupils, with exovalidatory 801
11a) § 38 (2) of the Decree of the Ministry of Forestry and Water Management of the Czech Republic No. 144 / 1978 Coll., on public water and public sewerage. § 38 (2) of Decree of the Ministry of Forestry and Water Management SSR No. 154 / 1978 Coll., on Public Water and Public Sewerage.
13a) Part of the Third Decree of the Government of the Czech Republic No. 35 / 1979 Coll., on payments in water management, in full version published under No. 2 / 1989 Coll.
13b) § 3 of the Decree of the Government of the Czech Republic No. 26 / 1975 Coll., on fines for infringement of obligations imposed on the water sector.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree of the State Arbitration of the Czechoslovak Socialist Republic No. 205 / 1989 Coll., amending and supplementing the Decree of the State Arbitration of the Czechoslovak Socialist Republic No. 39 / 1979 Coll., which issues the basic conditions for the supply of water from public water pipelines and the drainage of waste water by public sewers |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.12.1989 |
|---|---|
| Effective from | 01.01.1990 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0