What is Act No. 274 / 2001 Coll.?

Act No. 274 / 2001 Coll., on water and sewage for public use and on the amendment of certain laws (Law on water and sewage) — Law on water supply and sewerage for public use and amending certain laws (Law on water supply and sewerage).

When it became Act No. 274 / 2001 Coll. effectiveness?

Act No. 274 / 2001 Coll. became effective 01.01.2002.

Is Act No. 274 / 2001 Coll. still valid?

Yes, Act No. 274 / 2001 Coll. is still valid and effective.

How many times was it Act No. 274 / 2001 Coll. amended?

Act No. 274 / 2001 Coll. has 23 time versions of the text.

Act No. 274 / 2001 Coll. - Law on water supply and sewerage for pub...

274

THE LAW

of 10 July 2001

on water supply and sewerage for public use and amending certain laws (Water and Sewerage Act)

Parliament has decided on this law of the Czech Republic:

ČÁST PRVNÍ

WATER AND CANALIZATION FOR PUBLIC NEED

HLAVA I

GENERAL PROVISIONS

§ 1

Subject matter

(1) This law regulates certain relations arising from the development, construction and operation of water pipelines and sewerage services serving public needs (hereinafter referred to as "water pipelines and sewerage"), their connections and the responsibilities of the authorities of the local authorities and the administrative authorities in this section.

(2) Water ducts and sewerage for public use are established and operated in the public interest.

(3) This law applies to:

(a) ducts and sewerage, where they are used permanently by at least 50 natural persons, or where the average daily production from the annual average of drinking or waste water per day is 10 m3 or more;

(b) any pipeline or sewerage which is operationally related to the ducts and sewerage referred to in (a).

(4) This law does not apply to:

(a) water supply for distribution other than drinking water1),

(b) separate sewerage for the drainage of surface water resulting from the effluent of precipitation;

(c) ducts and sewerage or parts thereof to which at least 1 customer is not connected.

(5) The Water Authority may decide, on a proposal or on its own initiative, that this Act shall also apply to the sewerage referred to in paragraph 4 (b) and to ducts which do not meet the conditions referred to in paragraph 3 (a) or to the ducts referred to in paragraph 4 (a), provided that it is in the interests of protecting public health, animal health or the environment and that at least 2 customers are connected to the water supply or sewerage.

§ 2

Definition of basic terms

(1) The water pipeline is an operationally separate set of structures and equipment including water lines and water supply buildings, which are mainly structures for the extraction and extraction of surface or groundwater, its treatment and assembly. Water duct is water workshop .2)

(2) Sewerage is an operationally separate set of structures and facilities including sewerage sewerage for the disposal of waste water (3), combined or sewerage water separately, sewerage facilities, sewage treatment plants, sewage treatment plants, as well as waste water treatment sites before discharge into the sewerage. If waste water and precipitation water are taken out together, it is a unified sewerage and precipitation water is taken directly into that sewerage or the connection becomes waste water. If the waste water is removed separately and the precipitation water is taken separately, it is a separate sewer. The sewer is a waterworks.

(3) The operation of ducts or sewerage is a summary of activities to ensure the supply of drinking water or the removal and treatment of waste water. This includes, in particular, compliance with the technological procedures for the collection, treatment and transport of drinking water, including handling, removal, treatment and discharge of waste water, compliance with the operating or handling timetables (3a), management of operational documentation, operational and invoicing measurements, supervision of the operation of water ducts and sewerage, preparation of documentation for the calculation of the price for water and bilge and other related activities; it is not water and sewage management or their development.

(4) The natural person permanently using the water duct or sewerage referred to in Article 1 (3) (a) is the natural person who has a permanent residence in the municipality where the water duct or sewerage is located (30).

(5) The water duct or sewage operator (hereinafter referred to as "the operator ') shall be the person who operates the water duct or sewerage and holds the permit to operate the water duct or sewerage issued by the Regional Authority pursuant to Article 6.

(6) The collector shall be the owner of the land or building connected to the water duct or sewerage, unless otherwise specified; for buildings owned by the Czech Republic, the customer is the organizational component of the state which is responsible for the management of the building under a special law; 4) for buildings where the co-owner of the building is the owner of the apartment or non-residential space as the spatial part of the building and at the same time the joint owner of the building, 5) is the customer of the owner community. In the case of land or buildings transferred for the management of contribution organisations established by local authorities, those persons shall be the customer.

(7) The internal water supply line is a pipeline designed for the distribution of water by land or construction, which follows to the end of the water supply connection. The internal water supply is not a water part.

(8) The internal sewage system is a pipeline designed to drain waste water and, if necessary, precipitation water from the building to its external face. In cases where waste water and, where appropriate, precipitation water are removed from the building and the land outside the construction, the end of the internal drainage is instead of the last connection of external pipelines. These places are also the beginning of the sewer connection.

(9) The replacement is the replacement of part of the water duct, water treatment plant, sewage treatment plant or sewage treatment plant, which is the inventoried part of the owner's property or a separate item listed in the selected data of the property register, in order to extend the life of the construction and related technology.

(10) An operating water duct or an operationally related sewage system shall be a water duct which is connected to another owner's water duct or sewage system which is connected to another owner's sewage system.

(11) Selected data on property records are a set of technical and economic data, location data allowing identification of supply lines and water distribution networks, water treatment structures with or without treatment technology, supply channels and sewer networks, waste water treatment plants, so that the owner's identification data is provided for each item.

(12) Selected traffic record data are a set of technical, economic and operational data enabling the monitoring of the quantity and quality of the service provided through supply lines and water distribution networks, water treatment structures with or without treatment technology, supply sewers and sewer networks and waste water treatment plants. The operational record shall include for each installation the identification data of their operator, which may be the legal or business natural person.

§ 3

Connections

(1) The water supply connection is a separate construction consisting of a section of the pipe from the turn from the water line to the water meter and, if there is no water meter, to the inner closure of the connected plot or construction. A turn with a cap is part of the tap. The water connection is not a water part.

(2) The sewerage connection is a separate construction consisting of a section of the pipe from the culmination of the internal sewerage of the building or the drainage of the plot to the sewerage. The sewer connection is not a water part.

(3) The owner of the water supply connection or sewerage connection, or parts thereof established before the date of entry into force of this Act, shall be the owner of the land or building connected to the water supply or sewerage, unless otherwise proven.

(4) The owner of the water connection shall ensure that the water connection is made and used in such a way that water pollution in the water duct cannot occur.

(5) The owner of the sewerage connection shall ensure that the sewerage connection is made watertight and so as not to reduce the flow profile of the sewerage into which it is sealed.

(6) The water connection and sewerage connection are purchased at the customer's expense, unless otherwise agreed; the owner of the connection is the person who purchased the connection at his expense.

(7) Repair and maintenance of water connections and sewerage connections stored in public spaces, 6) is provided by the operator from its operating costs.

(8) The construction office may, by decision, impose an obligation on owners of building land or buildings on which waste water is generated or may be generated on sewerage where technically possible.

§ 3a

(1) In the case where land or buildings connected to the water pipeline or sewerage are divided into 2 or more parcels registered in the land register with different owners, these owners may establish new connections.

(2) Where connections and internal water supply or internal sewage of distributed land or buildings have the character of an operating water pipeline or sewerage from the point of view of their breakdown, the construction office shall decide on a change in the use of the water supply or sewage connection construction and parts of the internal water supply or internal sewage pursuant to this Act.

(3) If a part of the internal water duct or internal sewerage of the divided land or buildings has the character of a water or sewage connection in terms of its breakdown, the construction office shall decide to change the use of a part of the internal water duct or internal sewerage to a water or sewage connection.

§ 4

Plan for the development of water pipelines and sewerage of the county and territory of the State

(1) The Region is responsible for the processing and approval of a water and sewage development plan (hereinafter referred to as the "development plan") for its territory. The development plan shall include the concept of a solution for the supply of drinking water, including the definition of the sources of surface and groundwater intended for the treatment of drinking water, and the concept of sewerage and treatment of waste water in the territory of the region. The development plan shall be cost-effective and shall include the most technically appropriate solutions and links to the development plan for neighbouring regions.

(2) The Region shall keep the development plan kept up to date and approved for its territory within its own competence.

(3) The development plan for the region and its updates shall be drawn up on the basis of the territorial development policy, the territorial development plan, the territorial development principles of the region concerned, and the national river basin management plans and the plans for drought processed under the Water Act (8), provided that they are processed and approved for that territory.

(4) The preparation of updates of the development plan shall be based on proposals for amendments to the water pipeline development plan and sewerage submitted to the Regional Office by municipalities in a specified electronic form, format and content. The current state of supply of drinking water, waste water removal and treatment is processed on the basis of the approval decisions of their buildings.

(5) The design of the development plan and its update before the approval of the region shall be discussed with municipalities, owners and operators of water pipelines and sewerage in the area covered by the development plan, the Ministry of Agriculture (hereinafter referred to as "the Ministry '), the zoning authority concerned, the relevant river basin manager and the relevant building authority. The Regional Authority shall also discuss the draft development plan and its updates with the regional authorities of other regions whose territory is located in the same catchment area. In cases where the development plan affects protection zones of natural medicinal resources, sources of natural mineral waters of the rivewater and natural therapeutic baths and spa sites, the region shall discuss this proposal with the Ministry of Health and, if the plan concerns the development of protected areas and protection zones in the field of environmental protection 9), the region shall discuss this proposal with the Ministry of the Environment. The discussion shall be waived in cases where the current supply status of drinking water, waste water removal and cleaning are supplemented.

(6) The development plan is the basis for the processing of the territorial development policy and the territorial planning documentation and of the sub-basins under the Water Act (8) for the activities of the Water Authority, the Land Planning Office, the Building Office, and for the activities of the municipality and the region in their separate and delegated capacity.

(7) The Ministry ensures the processing, updating and approval of the development plan for the territory of the State, which will consult the Ministry of Regional Development before it is approved. This plan shall include up-to-date development plans for regions with updates opinions and summary data from regional plans, including water ducts and sewerage, which exceed their scope. The development plan for the territory of the State is the basis for the processing of the territorial development policy and the territorial development plan.

(8) The Regional Authority will forward to the Ministry by 31 January of the following year, in electronic form and in a specified format, the approved update of the development plan for the previous year.

(9) The scope and manner of processing of the water supply and sewage development plan and the electronic form, format and content to be transmitted by updating the development plan are laid down in the implementing legislation.

§ 5

Water and sewage records

(1) The owner of the water duct or sewerage is obliged at his expense to ensure the continuous keeping of the property records of his pipelines and sewerage. Owners' relations with water ducts and sewerage, as well as water connections and sewerage connections shall not be included in the property register. The law on the registration of ownership and other property rights in real estate shall not apply to the property records of water pipelines and sewerage. 10)

(2) At its expense, the owner of the water supply or sewage is required to ensure the continuous keeping of the operating record, which consists of records of the sources of surface water and groundwater used for water supplied by the water supply, drawing documentation of the water supply or sewerage, cost sheets, price calculations, water quality control plan during the production of drinking water, waste water pollution control plan, operating log, and operating timetables carried out in accordance with specific legislation3a).

(3) The data collected from the ownership records of water ducts and sewerage plants and from their operating records, as provided for in the implementing legislation, shall be transmitted free of charge by the owner of the water duct or sewerage in electronic form and in a specified format to the competent building authority, each year by 28 February for the preceding calendar year.

(4) The construction office shall process the data transmitted to it pursuant to paragraph 3 for its entire geographical area and forward it by 31 March each time in electronic form and in a specified format to the competent Ministry to keep a central register of the selected water and sewage data referred to in paragraph 5.

(5) The Ministry shall keep a central register of the selected water and sewage data referred to in paragraph 3.

(6) The content and manner of the management of the ownership records of pipelines and sewerage, their operational records and the records of selected water and sewage data, including the way in which the data collected are transmitted from the ownership and operational records of pipelines and sewerage, and the format for the transmission of such data are laid down in implementing legislation.

§ 5a

Restrictions on access to information

Data on the location and capacity of buildings for the collection and collection of surface and groundwater, water and water treatment are data of importance in terms of safety under the Geometry Act and are not provided under the legislation governing the right to information35).

HLAVA II

PROVISION OF WATER AND CANALISATION

§ 6

Operating authorisation

(1) The person intending to operate the water duct or sewerage will ask the Regional Authority to issue a permit to operate the water duct or sewerage.

(2) The Regional Authority shall issue a permit for the operation of a water duct or sewage system only to a person who:

(a) is entitled to conduct a business under a special law, 12)

(b) it is the owner of a water duct or sewage system or has concluded a contract with the owner of a water duct or sewage system which authorises it to operate a water duct or sewage system; where the pipeline or sewerage is operationally related to water ducts or sewerage of other owners, proof shall be provided that the owner has a written agreement with them pursuant to Article 8 (3);

(c) itself, or its expert representative, fulfils the qualifications required for the operation, management and development of the pipelines or sewerage for which the operating permit is issued, in accordance with the property register kept in accordance with Article 5 (1), depending on the number of natural persons permanently benefiting from such ducts or sewerage, namely:

1. secondary education with a graduate examination in the field of water and sewage education or in the related field and has at least 4 years of experience in water and sewage, where there are no more than 5 000 natural persons permanently using such water or sewage;

2. undergraduate education in an accredited water and sewerage programme and has at least 2 years of experience in the water and sewage sectors, where more than 5 000 natural persons are permanently using such ducts or sewerage.

(3) The Regional Authority shall not issue an authorisation for the operation of a water duct or sewerage unless otherwise provided for in this Law, unless:

(a) the permit for the operation of the water duct or sewerage which is the subject of an application for authorisation has been issued to another person;

(b) an authorisation for the operation of a water duct or sewage system is sought by a person who has cancelled the authorisation for the operation of a water duct or sewage system in accordance with paragraph 9; or

(c) the prior authorisation for the operation of the water duct or sewerage which is the subject of an application for authorisation has been revoked in accordance with paragraph 9 (b) and the reason for the revocation of the prior authorisation has not been removed.

(4) In the cases referred to in paragraph 3 (b) or (c), the Regional Authority may issue a permit for the operation of a water duct or sewage system only with the prior approval of the Ministry.

(5) In the authorisation to operate the water duct or sewerage, or to amend it, the regional authority shall indicate the operator's data, the professional representative of the operator, the assets operated as indicated by the identification numbers of the water duct register or sewerage for which the operating permit is issued, in accordance with the property register maintained in accordance with Article 5 (1), to the extent specified in the application for an operating permit.

(6) Without complying with the condition referred to in paragraph 2 (a), the Regional Authority shall issue a permit for the operation of a water pipeline or sewerage to municipalities, the organisational components of the State or to associations of water pipeline owners and sewerage companies which are legal persons if they do not operate a water pipeline or sewerage for profit.

(7) The Regional Authority shall, by decision, revoke the authorisation to operate a water duct or sewage system where the operator no longer fulfils the conditions for the authorisation to operate a water duct or sewage system referred to in paragraph 2 (a), (b) or (c). The Regional Authority shall inform the Ministry without delay of the revocation of the permit to operate the pipeline or sewerage.

(8) The Regional Authority shall, by decision, amend, revoke and issue, where appropriate, a new authorisation for the operation of the water duct or sewerage, if the list of water ducts or sewerages for which the permit for the operation of the water duct or sewerage has been issued, or if the operator's professional representative changes.

(9) By decision, the Ministry shall revoke the authorisation for the operation of the water duct or sewerage where:

(a) the operator repeatedly does not comply with or infringes the provisions of this law or special legislation12a, despite prior warnings by the Ministry; or

(b) a technical audit (§ 38) identified serious deficiencies;

inform the competent regional authority without delay of the revocation of the authorisation.

(10) The Regional Authority shall inform the Ministry without delay, in electronic form and in a specified format, of the issue of the authorisation to operate the water duct or sewerage and of their amendment or cancellation.

(11) The professional representative of the operator shall be the natural person responsible for the operation of pipelines or sewerage and who is in a contractual relationship with the operator.

(12) A copy of the trade authorisation, a copy of the contract concluded by the applicant with the owner of the water duct or the sewerage to operate it, provided that the applicant is not alone, the identification numbers of the water ducts and sewerage facilities, listed in the selected data of the property records referred to in § 4 (3) and (6) of this Act, the officially certified copy of the training documents and the practice of the professional representative and his written consent, including the certified signature, unless he is the applicant himself. The application form shall be submitted electronically and in a specified format.

(13) The definition of a related branch of the water supply and sewage sector and the application form shall be laid down in the implementing legislation.

(14) The permit to operate a water pipeline or sewerage for public use is a necessary basis for the issue of a housekeeping decision for the construction of water lines, water supply facilities, water treatment, sewerage, sewerage, including sewerage and sewage treatment plants.

§ 7

Rights and obligations of the builder, owner and operator in the construction, maintenance and operation of the water pipeline or sewage system

(1) The owner of a water duct or sewage system is entitled to enter and enter the incoming, passageway and / or sewerage directly affected by the foreign land for the purpose of controlling, maintaining or building modifications to the water duct or sewerage, in a manner which minimises the burden on the owners of such properties. The same authorisation shall be given to the operator for the purpose of carrying out obligations relating to the operation of the water duct or sewerage.

(2) Building 13) and the owner of the water duct or sewerage have the right to place on foreign land or to construct a table indicating the location of the water duct or sewerage.

(3) In the event of a dispute over the scope of the authorisations resulting from paragraphs 1 and 2, the competent building authority shall decide on that dispute.

(4) The rights referred to in paragraphs 1 and 2 shall be exercised in such a way as to minimise interference with the rights of owners of land and buildings. To that end, the beneficiary shall, in particular, give prior notice of his entry into the foreign property or the construction of the property to the owner and, on completion of the work, to put the land or construction in its previous state, unless otherwise agreed with the owner. The exercise of that right must also be carried out in such a way as to minimise the use of persons using land or construction under contract with the owner of the land or construction and other persons using it with his consent.

(5) If the person referred to in paragraph 4 is the subject of the exercise of the rights of the builder or owner of the water duct or of the sewerage referred to in paragraphs 1 and 2, or if that person is limited to the normal use of the land or construction, that person shall be entitled to compensation. If there is no agreement on the amount and method of compensation, the builder or owner of the water duct or sewerage shall provide a one-off refund to the person referred to in paragraph 4 in accordance with special legislation14) without undue delay, no later than 6 months from the date of the occurrence of the right to reimbursement. This is without prejudice to the right to seek compensation in court. This provision shall not apply to cases of contact of water ducts and sewerage with buildings established under the Road Act. 15)

(6) The operator shall have the right to remove and purge trees and other crops, to dispose of the trees and other crops removed and culled, and to threaten the safe and smooth operation of the plant where, following prior notification and determination of the extent, the owner or the user of the land did not do so.

(7) The rights and obligations referred to in paragraphs 1 to 6 shall be transferred to the legal successor of the builder, owner and operator of the water duct or sewerage and to the legal successor of the owners of the land and buildings.

§ 8

Rights and obligations of the owner of the pipeline or sewerage

(1) The owner of the pipeline or sewerage is obliged to ensure its smooth and safe operation, to create a reserve of funds for its recovery and to document its use for this purpose.

(2) The owner of a water duct or sewerage may conclude a contract to operate a water duct or sewerage with the operator. Where the owner operates a pipeline or sewerage on his behalf and under his own responsibility, he shall be subject to all the rights and obligations of the operator.

(3) Owners of water pipelines or sewerage facilities connected to or parts of the water pipelines connected to the water pipelines shall adjust their reciprocal rights and obligations by written agreement in order to ensure the quality and smooth operation of the pipeline or sewerage. This agreement is a condition of the approval decision under the building law.

(4) Owners of water pipelines or sewerage installations, as well as owners of water lines, water supply facilities, sewerage and sewerage facilities connected to the operation shall be obliged to allow the connection of the water duct or sewerage of another owner, as long as capacity and technical possibilities permit. At the same time, the owners of these pipelines and sewerage shall conclude a written agreement in accordance with paragraph 3. The possibility of connecting to the supply of drinking water or waste water removal shall not be subject to the requirement of financial or other charges. The costs of the connection of the water duct or sewerage shall be borne by the owner to whom the connection of the water duct or sewerage is possible.

(5) The owner of the water duct or sewerage, or, where the operator is empowered to do so, the operator is obliged to allow connection to the water duct or sewerage and to supply drinking water or to drain waste water and to clean waste water, if the capacity and technical possibilities of such facilities so allow. The connection of a water or sewage connection and the conclusion of a contract for the supply of drinking water or of draining and treatment of waste water shall not be subject to the requirement of financial or other transactions. The costs of implementing the water supply connection to the water duct or sewerage connection shall be borne by the person who is allowed to be connected. The connecting material and the closure of the water connection shall be covered by the owner of the water duct or sewerage.

(6) The owner of the water duct or sewerage or, where the operator is empowered to do so, the operator is obliged to conclude a written contract for the supply of water or the drainage of waste water with the customer. The obligations arising from this Treaty shall be transferred to the legal successor of the owner of the water duct or sewerage and to the legal successor of the operator.

(7) When concluding a contract pursuant to paragraph 6, the parties may agree that the customer is a third party.

(8) The owner of a water duct or sewerage may only intervene in a water duct or sewerage after prior consultation with the operator, unless otherwise provided for in a contract concluded pursuant to paragraph 2.

(9) The owner of the water duct or sewerage and their operator shall be obliged to allow access to the water duct or sewerage to persons who are entitled to control the quality and smooth operation of the pipelines or sewerage and their technical condition, or to take other necessary measures to establish compliance with the obligations laid down by this Law and specific laws.

(10) Both the owner of the water duct and the operator of the water duct shall be obliged to allow access to the water duct and to allow free water collection to fire protection units (16) during rescue and disposal operations (31), unless another sufficient water source is available locally.

(11) The owner of a water duct or sewage system shall process and implement a plan for the financing of the recovery of water pipelines or sewerage for at least 10 calendar years. The content of the financing plan for the recovery of water ducts and sewerage, including the rules for its processing, shall be laid down in implementing legislation.

(12) The owner of the pipeline or sewerage shall provide information on the technical condition of its ducts or sewerage on request within the time limit set in the Ministry's invitation. The owner or, where applicable, the builder of new pipelines or sewerage or the owner of renewed ducts or sewerage shall, upon request, provide the Ministry with the project documentation of the new or renewed ducts or sewerage, including a specification of the cost of their construction or renewal, within the time limit set in the invitation to the Ministry. The evaluation of the data received shall be authorised by the Ministry to publish.

(13) The owner of the water pipeline shall be entitled to payment for the supply of drinking water (hereinafter referred to as "water"), unless the contract concluded pursuant to paragraph 2 shows that the water supply is paid to the water supply operator (§ 20). The right to water shall be established by the flow of water into the pipeline connected immediately behind the water meter and, if there is no water meter, by the flow of water into the inner closure of the connected plot or structure, or by the closure of the hydrant or discharge stand. Aquatic is a payment for drinking water and service associated with its delivery. The right to payment of the fixed component of the aqueous charge shall be established in accordance with the conditions laid down in the contract concluded pursuant to paragraph 6 in which the two-component form of the aqueous charge is negotiated. Such a negotiation is possible from the date of application of the generally binding decree of the municipality, issued under the separate jurisdiction of the municipality or by a decision of the highest authority of the legal entity which is the owner of the water pipelines and sewerage pursuant to § 20 (4).

(14) The owner of the sewerage shall have the right to pay for the disposal of waste water (hereinafter referred to as "waste water '), unless the contract concluded pursuant to paragraph 2 shows that the sewerage is paid to the sewerage operator (§ 20). The right to gutter arises at the moment of the inlet of waste water into the sewer. Stable is a payment for a service associated with drainage, cleaning or other disposal of waste water. The right to payment of the fixed component of the bill shall arise under the conditions laid down in the contract concluded in accordance with paragraph 6, in which a double component form of the bill is negotiated. Such a negotiation is possible from the date of application of the generally binding decree of the municipality, issued under the separate jurisdiction of the municipality or by a decision of the highest authority of the legal entity which is the owner of the water pipelines and sewerage pursuant to § 20 (4).

(15) The written agreement of the owners of the operationally related water pipelines and operationally related sewerage shall at least include:

(a) in the case of a written agreement between the owners of the operationally related water pipelines of the Party to the Agreement, the subject matter of the Agreement, including an indication of the ownership of the water pipelines, the determination of delivery conditions (quality, quantity, pressure ratios, measurement, control of conditions, ensuring functionality, the procedure for the removal of defects, mutual information, dispute resolution), the specification of costs and their checks, the method of payment, contractual penalties, the possibility of amendments and the duration of the Agreement;

(b) in the case of a written agreement between owners of the operationally related sewerage of the Party to the Agreement, the subject matter of the Agreement, including the disclosure of ownership of sewerage, the determination of the conditions for the disposal of waste water (waste water treatment, pollution limits, quantity and method of measurement, the control of conditions, ensuring functionality, the procedure for the removal of defects, mutual awareness of significant situations, dispute resolution), the specification of costs and their checks, the method of payment, the contractual penalties, the possibility of changes and the duration of this Agreement.

(16) The contract for the supply of drinking water to the customer shall contain at least the subject of the contract, the contracting party, the owner and the water duct operator, the owner of the connection and the attached building or land with a designated location, the number of permanently connected persons, the determination of the delivery conditions, the limits of the quantity delivered and the quantity determining the capacity of the water meter or the profile of the connection, the pressure ratios at the point of connection (maximum and minimum), the quality indicators (minimum values of calcium, magnesium and nitrate content), the method of pricing and its publication, the method of invoicing and the method of payment, the possibility of changes and the duration of this contract.

(17) The contract for the drainage of waste water to the customer, or the contract for the drainage and purification of waste water to the customer, shall include at least the subject of the contract, the contracting party, the owner and the operator of the sewage, the owner of the connection and / or land with the designated location, the number of permanently connected persons, the setting of the conditions for collection or collection and cleaning (quantity limits, method of determination, pollution limits), the method of setting the price and its publication, the invoicing of advances and the method of payment, the possibility of changes and the duration of the contract.

§ 9

Rights and obligations of the operator

(1) The operator shall be obliged to operate a pipeline or sewerage in accordance with the laws, regulations, conditions laid down for such operation by the administrative authorities and in accordance with the contract concluded pursuant to paragraph 8 (2) and the agreement referred to in paragraph 8 (3) in respect of the pipeline or sewerage related to the operation.

(2) An operator may only intervene in the water duct or sewerage with the consent of the owner unless otherwise provided for in a contract concluded pursuant to Article 8 (2).

(3) The operator shall provide the municipality, at its request, with an overview of the water quality indicators established for the last year, no later than 30 days from the date of the request.

(4) The operator is obliged to communicate his written opinion on the proposed transfer of the duct or sewerage not later than 30 days after the receipt of the application (§ 24 (2)) to the contractor of the waterpipe or sewage transformer.

(5) An operator shall be entitled to interrupt or restrict the supply of water or waste water without prior warning only in cases of natural disaster, in the event of an accident of water supply or drainage, water connections or sewage connections or in the event of a potential threat to human or property health. An operator shall be entitled to interrupt or restrict the supply of water without prior warning also where, in a condition of water scarcity declared by a specific legislature8, the competent authority has modified, restricted or prohibited the handling of waters. The operator shall immediately notify the competent public health authority of the interruption or limitation of the water supply, 17) to the water authority, hospitals, the operational centre of the fire brigade and the municipalities concerned. This obligation shall not apply to the interruption or limitation of the supply of water only by a water connection accident.

(6) An operator shall be entitled to interrupt or restrict the supply of water or waste water until the reason for the interruption or restriction has elapsed,

(a) when carrying out planned repairs, maintenance and revision work;

(b) if the customer's equipment does not satisfy the technical requirements in such a way that the quality or pressure of the water supply may endanger the health and safety of persons and cause damage to property;

(c) if the customer does not allow the operator, following his repeated written call, access to the water meter, connection or equipment of the internal water duct or sewerage under the conditions laid down in the contract concluded in accordance with Article 8 (6),

(d) where an unauthorised connection to a water supply or sewage connection has been found;

(e) if the customer does not remove defects on the water supply or sewage connection or on the internal water supply or internal sewage identified by the operator within a period specified by it, which shall not be less than 3 days;

(f) in the case of proof of unauthorised collection of water or of unauthorised discharge of waste water; or

(g) in the event of late payment by the customer in accordance with the agreed method of payment of water or culling for more than 30 days.

(7) The operator shall notify the customer in the event of interruption or restriction of the supply of water or of waste water as referred to in paragraph 6.

(a) in accordance with paragraph 6 (b) to (g) at least 3 days in advance;

(b) in accordance with paragraph 6 (a), at least 15 days in advance, at the same time as notification of the duration of the repair, maintenance or revision operations planned.

(8) In the event of interruption or restriction of the supply of water or waste water as referred to in paragraph 5 or paragraph 6 (a), the operator shall be entitled to lay down the conditions for such interruption or restriction and shall be obliged to provide for replacement supply of drinking water or replacement disposal within the limits of technical possibilities and local conditions.

(9) The operator shall immediately remove the cause of the interruption or restriction of the water supply or drainage of waste water referred to in paragraph 5 or paragraph 6 (a) and restore the water supply or drainage of waste water without delay.

(10) In the event of interruption or restriction of the supply of water or waste water being carried out in accordance with paragraph 6 (b) to (g), the costs associated with this shall be borne by the customer.

(11) The municipality may issue a general binding decree within its own competence to regulate the alternative supply of water and the alternative disposal of waste water under local conditions.

(12) The operator shall provide on request, within a time limit set by the Ministry, with data relating to the technical condition of the water duct or sewerage which it operates, with data on the operating costs incurred and price calculation data according to the pricing rules 17a) for water and bulking pursuant to § 20 (9). The evaluation of the data received shall be authorised by the Ministry to publish.

(13) The declaration of prohibition on the use of water for drinking purposes shall be without prejudice to the obligations of the water duct operator under this Act.

§ 10

(1) The unauthorised collection of water from the tap is:

(a) before the water-meter;

(b) without or contrary to a written contract for the supply of water;

(c) via a water-meter which, as a result of the intervention of the customer, does not record or record less than the actual consumption; or

(d) through a water meter which has not adequately protected the customer from damage.

(2) An unauthorised discharge of waste water into the sewerage is discharge

(a) without or in contravention of a written contract for the disposal of waste water;

(b) contrary to the conditions laid down for customers by the sewerage order; or

(c) through a measuring device not approved by the operator or through a measuring device which, as a result of the intervention by the customer, does not record or record quantities less than the actual quantity.

(3) The collector shall be obliged to compensate for losses incurred in accordance with paragraphs 1 and 2 to the owner of the water duct or sewerage, unless the contract concluded in accordance with Paragraph 8 (2) provides that compensation for losses incurred is the income of the operator; the method of calculating those losses shall be laid down in the implementing legislation.

HLAVA III

GENERAL TECHNICAL REQUIREMENTS FOR WATER AND CANALISATION EXPENSES AND WATER QUALITY

§ 11

Waterways

(1) The pipelines must be designed and carried out in such a way as to ensure a sufficient quantity of healthy drinking water for public use in the defined territory and to ensure continuous supply of drinking water for customers. If the pipeline is the only source for the supply of fire water, it shall comply with the fire protection requirements to ensure the collection of water for fire extinguishing, if technically possible.

(2) The pipeline for public use, including its connections and their connected internal lines, shall not be connected to a water pipeline from a water source other than a public water pipeline.

(3) The ducts shall be protected against freezing, external damage, external and internal corrosion, and the intrusion of harmful micro-organisms, chemicals and other substances that impair the quality of drinking water. Additional technical requirements for water pipeline constructions are laid down in the implementing legislation.

§ 12

Sewerage

(1) Sewerage must be designed and carried out in such a way that it does not adversely affect the environment, in order to ensure sufficient capacity for the removal and treatment of waste water from the sewerage area and to ensure the continuous removal of waste water from the customers of the service. At the same time, it must be ensured that pollution caused by rain inflows is limited. Sewerage must be carried out as watertight structures, protected against freezing and external damage. Additional requirements for waste water treatment including requirements for project documentation, construction and operation of sewerage and sewage treatment plants are laid down in the implementing legislation.

(2) Sewers for the drainage of waste water, with the exception of rain sewers, as well as sewerage connections, must be stowed deeper than the drinking water pipeline during the run-up and crossing. The exemption may be granted by the construction office by a decision authorising the project under the construction law, provided that a technical measure is implemented to avoid contamination of drinking water with waste water, even in the event of a breakdown of sewage.

§ 13

Water quality requirements for drinking water treatment

(1) Water taken from surface water sources or from groundwater for the purposes of drinking water treatment (hereinafter "crude water") must meet at the point of collection prior to its own treatment the quality requirements in relation to the standard treatment methods used for drinking raw water treatment.

(2) Exceptionally, surface or ground water which does not meet the raw water quality requirements laid down in the implementing legislation may be collected for drinking water treatment at the point of collection. The exemption shall be granted by the Regional Authority at the request of the water supply operator, only if the water treatment technology from such a water source guarantees the health of the treated drinking water provided for in specific legislation.1).

(3) The water duct operator shall carry out the sampling of raw water at the sampling point before its own treatment and carry out analyses and the overall results in electronic form and in the established format to send to the Regional Authority and the competent river basin administrator once a year by 31 March for the previous calendar year.

(4) The data referred to in paragraph 3 shall be used by the relevant river basin management authority as a basis for the processing and updating of river basin management plans and measures programmes in order to improve the quality of raw water.

(5) The quality indicators of raw water and their limit values for each category of standard water treatment methods for drinking water, the form of electronic and the frequency of measurement of the values of individual indicators, the definition of the different standard methods for treatment of raw water for drinking water, the parameters to be monitored, the reference methods, the frequency of sampling and analysis, the possibility of deviations from the quality requirements and the form of electronic transmission of results shall be laid down in the implementing legislation.

(6) The procedure for taking account of the results resulting from the assessment and management of risks processed under Section 3c (1) (f) of the Public Health Protection Act for the water supply system shall be laid down in implementing legislation.

§ 14

Quality of drinking water and level of waste water pollution

(1) Drinking water supplied to consumers by water supply must comply with the health requirements for drinking water laid down in specific legislation.1)

(2) The rights and obligations of the operator and the customer related to the health of drinking water are laid down in a separate law. 17)

(3) The owner of the sewerage is obliged to ensure the treatment of the sewerage system prior to the application for approval for the construction of the sewerage system, which provides for the maximum permissible pollution rate of the waste water discharged into the sewerage and, where appropriate, the maximum permitted quantity of such water and other conditions of its operation. The Sewerage Regulations shall be approved by the Water Authority. The approved sewerage system shall be submitted by the owner of the sewerage system to the construction office together with the proposal for a clearance decision for the construction of sewerage.

(4) In the case where the extension of the sewerage network does not result in any change in the provisions of the sewerage system other than the change in the data on the length of the sewerage network, the construction office shall decide in the decision authorising the project to refrain from processing the new sewerage system.

(5) The operator shall ensure that samples of waste water are taken and analysed.

(6) The requirements of the Sewerage Regulations are laid down in implementing legislation. The frequency of sampling and the requirements for analysis of waste water samples shall be laid down in the implementing legislation.

HLAVA IV

SUPPORT, MEASUREMENT AND PRICES

§ 15

Water supply

(1) The obligation to supply water is fulfilled by the flow of water from the water supply to the water supply connection.

Citation	Act No. 274 / 2001 Coll., on water and sewage for public use and on the amendment of certain laws (Law on water and sewage)
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	02.08.2001
Effective from	01.01.2002
Effective until	-
Status	Valid

Act No. 274 / 2001 Coll.

Law on water supply and sewerage for public use and amending certain laws (Law on water supply and sewerage)

Contents