Decree of the Ministry of Forestry and Water Management of the Czech Socialist Republic No. 35 / 1972 Coll.

Decree of the Ministry of Forestry and Water Management of the Czech Socialist Republic on the protection of waters against oil pollution

Valid Effective from 01.07.1972
35
DECLARATION
Ministry of Forestry and Water Management of the Czech Socialist Republic
of 16 June 1972
on the protection of waters against pollution caused by petroleum substances
The Ministry of Forestry and Water Management of the Czech Socialist Republic, in agreement with the Ministry of Health and other participating central bodies of the Czech Socialist Republic, provides pursuant to § 38 paragraph 2 of Act No. 11 / 1955 Coll., on Water Management, as amended by Act No. 12 / 1959 Coll.:
Basic concepts
§ 1
For the purposes of this Ordinance on hydrocarbons and their mixtures, in particular petrol, benzene and its derivatives, diesel, kerosene, aviation kerosene, fuel oil and tar oil; substances with a viscosity exceeding 100 cSt at 50 ° C are not considered as petroleum substances.
§ 2
An oil accident means an event in the operation or use of the equipment in which the oil is collected, stored, processed or transported, in which such substances are leaked from those installations. However, it is not an oil accident unless, due to the small amount of oil and the point of escape, the risk of leakage into surface or groundwater is safely excluded.
§ 3
Oil users are anyone who uses it, mines, stores, processes, transports it, or otherwise handles it.
§ 4
Prevention of accidents
(1) Every oil user is obliged to:
(a) take all appropriate measures to prevent oil accidents in time to protect waters, in particular:
1. place the equipment in which the oil is used, collected, stored, processed or transported in such a way that the purity of the water is not jeopardised;
2. take into account the protection of water from petroleum substances in any investment activity and in its preparation;
3. for the capture, extraction, storage, processing and transport of petroleum substances, use equipment suitable for water protection as well;
4. regularly check the tightness of pipes and tanks used in the storage or transport of petroleum substances and, on the basis of the defects identified, make repairs in time to avoid accidents;
(b) in cases where the use of oil substances to a greater extent or where their use is associated with an increased risk of water purity;
1. draw up a plan of measures in the event of an oil accident and submit it for approval to the Regional National Committee;
2. prepare special equipment and devices to protect against and destroy oil accidents;
3. train their workers professionally to prevent and eliminate oil accidents,
4. keep records of the measures taken to prevent accidents.
Where doubts arise as to whether the cases referred to in point (b) are concerned, the District National Committee shall decide.
(2) Oil users are obliged to follow the instructions of the water authorities, the State water inspection and the health service authorities when implementing accident prevention measures and to notify them of their compliance without delay.
§ 5
Disposal of accidents
(1) The oil user who suffered an oil accident is obliged to take immediate and subsequent measures to eliminate the accident.
(2) The immediate measures are in particular:
(a) the immediate notification of an accident to the relevant district national committee or to the nearest local national committee or public security authority, *)
(b) to remove the causes of the accident as quickly as possible;
(c) prevent or at least mitigate adverse consequences of an accident so as to minimise it.
(3) The following measures are primarily:
(a) the disposal of leaked oil;
(b) monitoring of the quality of the groundwater at risk of oil penetration;
(c) putting the site affected by the oil accident, if possible, into its original state;
(d) a record of the accident and the measures taken and its presentation to the Regional National Committee.
(4) When implementing the measures referred to in paragraphs 2 and 3, the oil user shall follow the instructions of the relevant national committee.
Tasks of the water and other authorities
§ 6
(1) In particular, the District National Committees in the framework of the care of surface and groundwater cleanliness under the Water Management Act * *) approve, in particular, plans for the event of an oil accident submitted by oil users, evaluate the measures implemented in terms of the effective protection of water purity and supervise the fulfilment of obligations which oil users have under this Decree or which have been imposed on them. If oil users do not heed their instructions given to them under § 4 (2) or § 5 (4), they shall impose on them the necessary measures to remedy * * *) by a decision given under the Administrative Code.
(2) The District National Committees shall draw up, in cooperation with the State Water Inspection, the Sanitary Service and public fire services, or with other authorities, a plan of measures in the event of an oil accident in the district and coordinate the implementation of these measures.
(3) The Regional National Committees shall guide the development of the action plan referred to in paragraph 2 with regard to the protection of the purity of waters in the region.
§ 7
(1) The district national committees, in cooperation with the other authorities concerned, seek and determine the places where the leaked oil and contaminated substances are to be burned or otherwise disposed of or stored and supervise the management of landfills in terms of water purity protection. The landfills are characterised by a plan of measures in the event of an oil accident in the district. †)
(2) In order to ensure the protection of waters from pollution by petroleum substances, the State water inspection shall check the measures implemented or imposed under this Decree.
(3) Public fire services cooperate according to their technical capabilities in preventing or mitigating the adverse effects of the accident.
§ 8
Final provision
This Decree shall take effect on 1 July 1972.
Minister:
Ing.
*) The notification of an accident under this provision does not replace the notification of an accident pursuant to § 11 of the Order of the Czech Labour Safety Authority and the Czech Mining Office No. 152 / 1969 Coll., on the registration and registration of accidents at work and on the reporting of accidents at work.
* *) § 18 paragraph 1 No. 5 of Act No. 11 / 1955 Coll. as amended by Act No. 12 / 1959 Coll.
* * *) § 12 paragraph 3 of Act No. 11 / 1955 Coll., on Water Management, as amended by Act No. 12 / 1959 Coll.
†) § 16 of Decree of the Ministry of Health No. 45 / 1966 Coll., on the creation and protection of healthy living conditions.

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Regulation Information

CitationDecree of the Ministry of Forestry and Water Management of the Czech Socialist Republic No. 35 / 1972 Coll., on the protection of waters against pollution of petroleum substances
Regulation Type-
Author-
CollectionCode of Laws
Date of Promulgation29.06.1972
Effective from01.07.1972
Effective until-
Status Valid
The regulation text is for informational purposes only.
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