Decree of the State Arbitration of the Czechoslovak Socialist Republic No. 39 / 1979 Coll.
Decree of the State Arbitration of the Czechoslovak Socialist Republic, which issues the basic conditions for the supply of water from public pipelines and the drainage of waste water by public sewerage
Valid
Effective from 01.04.1979
Contents
39
DECLARATION
State Arbitration of the Czechoslovak Socialist Republic
of 21 February 1979
on 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 after consulting the Ministry of Forestry and Water Management of the Czech Socialist Republic and the Ministry of Forestry and Water Management of the Slovak Socialist Republic pursuant to § 392 (1) of Economic Code No. 109 / 1964 Coll., as published under No. 37 / 1971 Coll., hereinafter referred to as "the Act ', provides:
COMMON PROVISIONS
Subject matter and scope of the adjustment
(1) This Decree provides
(a) the supply of water from the public water supply (1) by the water supplier (the supplier), the water supplier (the customer),
(b) the disposal of waste water by public sewerage (2) by the waste water producer (the supplier) from the discharging organisation (the customer).
(2) The Decree does not apply to supplies or transfers of water, where appropriate, across national borders.
Collection point
(1) A separate closed waterworks or sewerage unit on a continuous plot from which a single buyer draws water or discharges waste water shall be considered as a single sampling point for the purposes of this decree, even if it has more water or sewage connections (3) and more meters are used to measure.
(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.
Connection of another customer
The collector shall not, without the supplier's consent, supply water supplied by the public water supply to other customers or connect the sewage plant of another customer to its internal sewerage connected to public sewerage; the supplier grants this consent only in cases where the separate connection of these other customers to the public water pipeline or to public sewerage would be uneconomical or technically disproportionate.
Economic contracts
(1) The economic contract for the supply of water from public water and the economic contract for the drainage of waste water by public sewerage (hereinafter referred to as "the contract") requires compliance with the conditions laid down for the connection of a point of demand to a public water supply or to a public sewer.4)
(2) Contracts are normally concluded for an indefinite period, separately for each sampling point. Where one contract is concluded for several sampling points, the supply of water or waste water shall be broken down by sampling point, indicating the conditions for different water supply modes or waste water removal.
(3) If the contract is concluded for an indefinite period, the buyer shall be entitled to denounce the contract 5) not later than 30 days before the end of the supply of water or waste water and allow the supplier to remove the measuring instruments or, where appropriate, to carry out other measures relating to the cessation of collection or disposal.
(1) The draft contract shall be submitted by the buyer no later than 30 days before the required start of the water supply or drainage. The supplier is obliged to comment on the draft contract within 20 days of its receipt. The agreement needed for the creation of the contract cannot be replaced in accordance with § 153 (3) (b) of the Act.
(2) The subject matter of the supply of water shall be determined by the nature and purpose of the use of water, quality and quantity of water; when discharging waste water, the subject matter of the filling is determined by the concentration and balance of pollution (6) of discharges of waste water according to the sewerage schedule, (7) by the amount of waste water and its temperature. For sections of public sewerage operated exceptionally and temporarily without an approved sewerage system, organisations may agree in the economic contract the values of concentration and balance sheet pollution, the quantity and temperature of waste water discharges.
(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. On the basis of a request from a 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.
(4) The time of filling shall be determined when the water is delivered by establishing the period during which the water is supplied and, if necessary, by further layouts of the water supply within the agreed period. When discharging waste water, the time of filling shall be determined by determining the period during which the waste water is to be discharged and, if necessary, by further discharging the waste water within the agreed period; cases of controlled waste water discharge are specifically negotiated.
(5) Furthermore, the organisation in the contract shall agree as necessary:
(a) pressure,
(b) a specific method of measuring and, where appropriate, determining the quantity of water supplies or waste water drainage and the cost of building the necessary special technical installations.
(6) As a general rule, the forms provided by the supplier to the customer upon request shall be used for the conclusion of contracts.
Obligations of organisations
(1) The supplier is obliged to make assumptions for the non-fault supply of water or for the non-fault drainage of waste water. (3) the supplier is obliged to provide repair without undue delay; in cases where the public part of the sewage connection is damaged or 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.
(2) The collector is obliged to maintain the home part of the water supply or sewage connections, (3) internal water supply or internal sewage, and other equipment for the supply of the supplied water or for the disposal of waste water, and, where appropriate, for the measurement of the effluent contained in its administration, in a state complying with the requirements of the relevant technical standards. 8)
(3) Customer rights 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.
SPECIAL PROVISIONS
Water supply
Compliance
(1) The supply of water is satisfied by the transfer from the supplier's facilities to the customer's facilities.
(2) In the case of water supplies by water supply (3), the water supply is met
(a) by water flow through a water-meter, if fitted outside the property;
(b) in other cases by flow of water at the point where the public part of the water supply connection passes into the home part of the water supply connection. 3)
Derogation in quantity
(1) The quantity of water delivered may differ by ± 5% in the periods agreed.
(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 permanent substantial reduction in water consumption compared to the agreed quantity.
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 case of unauthorised water collection, the buyer shall pay the supplier the costs associated with its detection, but not less than 50 CZK.
Limitation or interruption of water supply
(1) The supplier is entitled to restrict or interrupt the supply of water from the public water pipeline
(a) when carrying out planned repairs, maintenance or revision work;
(b) for reasons caused by natural disasters (e.g. floods, landslides, fires),
(c) in the event of an accident on a water network or in other cases caused by operational needs, where there is a risk of damage;
(d) if the customer's equipment or means of collection do not comply with the requirements of this Directive in such a way as to endanger the health and safety of persons or property or, where appropriate, to cause an exceptional drop or fluctuation in water pressure from other customers;
(e) the restriction or other arrangements for the supply by the water authority of drinking water. 9)
(2) The supplier shall notify the customer in writing and consult the supplier no later than 40 days before the envisaged restriction. If the water supply is to be interrupted, this period shall be 90 days.
(3) The supplier shall notify the customer within 24 hours of the reason for the restriction or interruption of the water supply carried out pursuant to paragraph 1 (b), (c) and (d).
(4) In cases of interruption of the supply of water carried out in accordance with paragraph 1 (a), (b), (c), the supplier shall be obliged to provide replacement filling (e.g. the import of drinking water in tanks) to the extent of the emergency supply of the population with drinking water for personal use at an affordable distance. The collector shall cooperate with the supplier in order to ensure replacement performance.
(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.
(6) The supplier shall interrupt the supply of water if the customer so requests for the removal of defects on the home part of the water connection.
(7) After removing the reasons for the restriction or interruption of the water supply, the supplier is obliged to restore the water supply without delay.
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) not notify the supplier of a substantial change in the distribution of water collection by price (s) occurring during the year within the prescribed timeframe 11a.
Waste water disposal services
Special methods of waste water drainage
(1) If a waste water discharge is agreed with a source of public water supply, the customer may discharge into the public sewage from other sources (e.g. water streams, own wells) only with the consent of the supplier. 12)
(2) The supplier shall agree with the customer on the method of draining and measuring the waste water where the public sewage is built, but no public water pipeline is built.
Amount of waste water discharged
(1) If the amount of effluent discharged is not measured, it is assumed that the customer who takes the water from the public water pipeline discharges into the public sewage system the amount of effluent which, according to the findings on the water meter or according to the annual guideline numbers on the consumption of water from the public water pipeline, has been taken plus the amount of water the waste found in the relevant period comes from sources other than the public water pipeline.
(2) If the customer uses water taken from the public water pipeline in part and does not release it into the public sewerage (e.g. breweries, sodas, horticulture), the amount of waste water discharges shall be determined by measuring or calculating the amount; The statements and technical calculations submitted by the customer shall be supported unless the supplier proves that the information given by the customer is incorrect in the statements submitted.
(3) If the customer discharges waste water from sources other than public water and if it is not possible to detect the amount of waste water discharges by measuring or according to the annual indicative water consumption figures, the supplier shall establish the quantity of waste water discharges by means of expert calculation or, where appropriate, on the spot; The statements and technical calculations submitted by the customer shall be supported unless the supplier proves that the information given by the customer is incorrect in the statements submitted.
Compliance
The drainage of waste water by public sewerage is fulfilled at the time of the transfer of the discharge of waste water from the customer's facility to the supplier's facility, i.e. at the point where the home part of the sewage connection passes into its public part. 3)
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.
Limitation or interruption of waste water drainage
(1) The supplier is entitled to limit or interrupt the drainage of waste water by public sewerage
(a) when carrying out planned repairs, maintenance and revision work;
(b) for reasons caused by natural disasters (such as floods, landslides, fires) or accidents in the operation of sewerage networks, preventing waste water drainage;
(c) if the customer's establishment (Paragraph 6 (2)) does not comply to the extent that it may endanger the health and safety of persons or property.
(2) Restrictions on the disposal of waste water referred to in paragraph 1 (a) must be notified and discussed by the supplier in writing to the customer not later than 40 days before the intended restriction. If waste water drainage is to be interrupted, this period shall be 90 days.
(3) The supplier is obliged to notify the customer of the restriction or interruption of the disposal of waste water referred to in paragraph 1 (b) and (c) within 24 hours of the reason for the restriction or interruption of the disposal of waste water.
(4) In the cases referred to in points (a) and (b) of paragraph 1, the supplier is required to ensure, in cooperation with the customer, alternative waste water drainage.
(5) Where the customer:
(a) discharges waste water unduly (§ 15);
(b) prevents suppliers from accessing and controlling indoor sewage facilities for no reason; 14)
(c) does not remove defects in internal sewerage, the supplier is entitled to restrict or interrupt the drainage of waste water if the customer disobeys his call for closure referred to in points. (a) and (b) or calls for the removal of an internal sewage defect within an additional reasonable time limit, which the supplier has provided him with warning that he will restrict or interrupt the disposal of waste water.
(6) Paragraph 10 (6) and (7) applies mutatis mutandis.
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 (Paragraph 15 (1)), the periodic penalty payment for each infringement shall be calculated separately.
Documentation for invoicing and payment16)
(1) If the customer withdraws water from public effluents, the water11) is calculated on the basis of annual consumption guideline numbers with a 50% reduction if the stand is within 100 m and 70% if the stand is more than 100 m away from the customer's seat.
(2) In the case of replacement transactions (Paragraph 10 (4)), the customer pays only for the water actually delivered. 11)
(3) If waste water is imported by the customer up to the waste water treatment plant in tanks and is only cleaned, the customer pays the supplier instead of the culvert 17) the actual costs associated with waste water treatment.
FINAL PROVISIONS
Efficacy
This Decree shall take effect on 1 April 1979, with the exception of the provisions of Sections 9 (1) (a) and 15 (1) (a), which shall take effect on 1 April 1980.
Main Arbiter
Czechoslovak Socialist Republic:
Brandeys v. r.
1) § 30 (1) of Act No. 138 / 1973 Coll., on Water (Water Act), § 1 of Decree No. 144 / 1978 Coll., on Public Water and Public Sewerage, § 1 of Decree No. 154 / 1978 Coll., on Public Water and Public Sewerage.
2) § 24 (1) of Act No. 138 / 1973 Coll., § 2 of Decree No. 144 / 1978 Coll., § 2 of Decree No. 154 / 1978 Coll.
3) Article I of the Directive of the State Committee on the Construction and Central Water Management No 129 / 1957 of the Ú. l. (Ú. v.) concerning the planning, financing, design and implementation of water and sewage connections.
4) In particular Sections 8 and 9 of Act No. 138 / 1973 Coll.
5) Article 129a of the Law.
6) § 6a of Decree No. 49 / 1975 Coll. of the Ministry of Forestry and Water Management of the Ministry of Forestry and Water, Act No. 49 / 1975 Coll., Act No. 97 / 1975 Coll., Procedure No. 97 / 1975 Coll., Procedure of the Water Management of the Water, Procedure of the Water Management of the Water, Act No. 97 / 1975 Coll., Procedure of the Ministry of Forestry and Procedure of the Discharge of Wastewater.
7) § 24 paragraphs 2 and 3 of Act No. 138 / 1973 Coll.
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
8) ČSN 73 6760 - internal drainage, ČSN 73 6701 - sewer networks and sewer connections, ČSN 73 5620 - water lines and connections, ČSN 73 6660 - internal water ducts.
9) Article 30 (3) of Act No. 138 / 1973 Coll.
10) Sections 9 and 22 of Decree No. 144 / 1978 Coll., Sections 9 and 22 of Decree No. 154 / 1978 Coll.
11) Sections 37 (1) and (2) of Decree No. 144 / 1978 Coll., § 37 (1) and (2) of Decree No. 154 / 1978 Coll., Price list for wholesale and retail prices, No VC-MC-17 / 9-, division 795.
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.
12) § 24 paragraphs 2 and 4 of Act No. 138 / 1973 Coll.
13) Article 24 (2) of Act No. 138 / 1973 Coll.
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.
14) § 9 of Decree No. 144 / 1978 Coll., § 9 of Decree No. 154 / 1978 Coll.
15) Sections 3, 4 and 5 of Government Decree No. 16 / 1966 Coll., on compensation for discharges of uncleaned or poorly cleaned waste water into watercourses, Sections 8, 9, 10 and 11 of the Government Decree No. 35 / 1979 Coll., on payments in water management.
16) Decree No. 154 / 1975 Coll., on invoicing and payment of supplies of a non-investment nature.
17) Sections 37 (1) and (3) of Decree No. 144 / 1978 Coll., § 37 (1) and (3) of Decree No. 154 / 1978 Coll., Price list for wholesale and retail prices, No VC-MC-17 / 9-, division 795.
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Regulation Information
| Citation | Decree of the State Arbitration of the Czechoslovak Socialist Republic No. 39 / 1979 Coll., which publishes the basic conditions for the supply of water from public pipelines and the drainage of waste water by public sewers |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 29.03.1979 |
|---|---|
| Effective from | 01.04.1979 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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