Decree of the Ministry of Agriculture No. 428 / 2001 Coll.

Decree of the Ministry of Agriculture implementing Act No. 274 / 2001 Coll., on Water and Sewerage for Public Use and on the amendment of certain laws (Water and Sewerage Act)

Valid Order Effective from 01.01.2002
428
DECLARATION
Ministry of Agriculture
of 16 November 2001
implementing Act No. 274 / 2001 Coll., on water and sewage for public use and amending certain laws (Water and Sewerage Act)
The Ministry of Agriculture provides, pursuant to § 40 of Act No. 274 / 2001 Coll., on Water and Sewerage for Public Use and on the amendment of certain laws (Water and Sewerage Act), hereinafter referred to as "the Act ':

ČÁST PRVNÍ

INTRODUCTORY PROVISIONS
§ 1
Subject matter
This decree implements the relevant provisions of the European Union37)
(a) the scope and manner of processing of the water supply and sewerage development plan and the electronic form, format and content to be provided by updating the development plan;
(b) the manner and content of the management of the ownership records of water ducts and sewerage, their operational records and the records of the selected data on water ducts and sewerage, including the way in which the data collected are transmitted from the ownership and operational records of water ducts and sewerage,
(c) the established format of the application for authorisation to operate a water duct or sewerage and related field in the water and sewage sector;
(d) the content of the plan for financing the recovery of water ducts and sewerage and the rules governing its processing;
(e) the method of calculating compensation for losses in the case of unauthorised water collection or discharges;
(f) requirements for waste water treatment, requirements for the construction and operation of waste water treatment plants and requirements for the construction and operation of a sewer network;
(g) quality indicators for crude water taken from surface water sources or groundwater for treatment to drinking water;
(h) the elements of the sewage system and the requirements for analysis of waste water samples;
(i) determining the quantity of water collected without measurement;
(j) general technical conditions for measuring the quantity of water delivered;
(k) the method of calculating the quantities of waste and withholding water discharged into the sewerage without measurement;
(l) the method of calculating the fixed component of the aqueous and ductile components at payment in two-component form, the breakdown of the cost items, their content, the volume and the quantity items and their share in the price calculation in accordance with the price regulations for the aqueous and tapered products and the comparison of all the items for the calculation of the price for the aqueous and tapered products with the facts achieved;
(m) the content and use of technical audits and the detailed conditions for the inclusion of a competent natural person in the list of technical auditors.
§ 1a
For the purposes of this decree:
(a) the water supply line section of the water pipeline, including the building and technological part of the buildings intended to perform a function in the water transport system;
(b) the supply line for the transport of water between the main bodies of the water duct (e.g. water treatment plant, gas station, water tower); a specific type of supply line is the storage lines for the transport of water from the water tower to the water distribution network,
(c) a water distribution network of a system of water lines intended for the supply of water to the places of its collection; the main lines and distribution lines are part of the water distribution network,
(d) a set of objects and equipment with water treatment technology (water treatment plant) by construction; For the purposes of the selected data, the property or operating records shall also be considered as a water treatment building, with any sanitary water protection equipment without water treatment technology,
(e) sewerage pipes or other structures for the drainage of waste or surface water resulting from the effluent of precipitation (hereinafter referred to as "precipitation water");
(f) supply sewerage sewerage to drain waste or precipitation water to the main sewage facility;
(g) sewerage network of sewerage and related waste or precipitation water drains directly from sewerage connections to waste water treatment plants or other disposal facilities, including discharge of uncleaned waste water into the water receiver;
(h) waste water treatment plants and equipment for the treatment of waste water with mechanical, biological or other stages of treatment; dry cleaners are not considered to be equipment for gross pre-treatment of waste water, septic tanks, sinks and simple devices with mechanical function which are not regularly monitored and operated,
(i) water taken from the water supply lines drinking water taken by one water supply line operator from another water supply line operator;
(j) the water taken over by sewage treatment plants from one sewage operator to another;
(k) drinking water delivered by one water duct operator to another water duct operator with the exception of water before treatment or hygiene;
(l) the water supplied by the sewage operator to another sewage operator by sewage sewers;
(m) the professional representative of the operator, the person mentioned in the authorisation of the Regional Authority for the operation of a pipeline or sewerage (Section 6 of the Act),
(n) the reference method for measuring the determination of the principle or procedure for determining the characteristics of raw surface water monitored;
(o) by the supplier of the drinking water supply service, the water supply operator who supplies the drinking water with this water supply; and
(p) by the supplier of the sewage drainage service, the sewage operator which transmits waste water through this sewage.

ČÁST DRUHÁ

SCOPE AND METHOD OF PROCESSING AND TRANSLATION OF THE WATER DEVELOPMENT AND CANALISATION PLAN
(K § 4 (9) of the Act)
§ 3
(1) The development plan for water ducts and sewerage of the region (hereinafter referred to as the "development plan") is to the following extent:
(a) an assessment of the current state of supply system for drinking water, sewerage and treatment of municipal waste water or parts of the municipality (1) on the territory of the region or part thereof, which is determined in relation to water supply systems, sewerage and sewage treatment systems;
(b) a balance of the need for drinking water, sewerage and sewage treatment, broken down into all municipalities or parts thereof in the territory of the region;
(c) the definition of the surface water and groundwater resources planned for the treatment of drinking water;
(d) a plan for the technically and economically optimal expansion and restoration of drinking water supply systems, sewerage and treatment of municipal waste water or parts thereof in the area concerned;
(e) the supply plan for drinking water when the emergency situation is declared under Article 21 of the Act;
(f) the economic part with a calculation of the costs of implementing the plans referred to in (d) and (e);
(g) a timetable for the implementation of the plans referred to in (d) and (e) expressing the urgency of the solution.
(2) The plan for the development of water ducts and the sewerage of the region is updated in the current state section and in the proposal for a change to the development solution to the following extent:
(a) the part of the development plan which affects it and its administrative parts shall be updated for the design of the municipality to the extent specified in paragraph 1;
(b) for proposals involving water supply systems and sewerage systems common to several municipalities in the territory of the region, the part of the development plan affecting them shall be updated to the extent specified in paragraph 1.
(3) The development plan for water ducts and sewerage of the region is processed separately for individual municipalities, if the municipality is divided into parts of the municipality as part of the water ducts and sewerage plan, then the development plan is processed separately for individual parts of the municipality.
§ 4
(1) The development plan and its ongoing update shall be processed in electronic form, following the data provided in the digital technical map of the region drawn up in accordance with the law governing the surveying of the land.
(2) The Regional Authority shall forward to the Ministry of Agriculture (hereinafter referred to as "Ministry"), pursuant to Article 4 (8) of the Act, updates of the development plan through the Water Water Information System and sewerage to the following extent:
(a) a list of regional councils approved by updating the development plan, including the number and date of the relevant county councils' resolutions;
(b) updated descriptions of water supply systems and sewerage of individual municipalities or parts thereof included in approved updates to the full extent of the original and, where appropriate, previous descriptions; the adjustments and formats for updated descriptions are set out in Annex 21,
(c) individual updated descriptions of water supply systems and sewerage of municipalities or parts thereof, in which the current state of supply of drinking water, waste water collection and treatment has been supplemented without the need to discuss them in accordance with Article 4 (5) of the Act, to the full extent of the original or, where appropriate, previous descriptions; the adjustments and formats for updated descriptions are set out in Annex 21,
(d) the table for updated descriptions referred to in points (b) and (c) containing demographic, balance sheet, technical and economic data; the file can be created in an electronic application provided by the Ministry for the Development Plan Processing; the file structure is set out in Annex No 21,
(e) the map part of the development plan containing updated drawings of existing water supply systems and sewerage following the digital technical map of the region, drawn up in accordance with the law governing surveying, indicating the proposed intentions of water supply systems and sewerage; the updated map part of the regional development plan will be transmitted to the Ministry in accordance with Article 4 (8) of the Act or sent to the Ministry of Communication, where the Regional Office is published and made available.
(3) The map part referred to in paragraph 2 (e) shall be processed in digital form in the framework of the updating of the development plan in the uniform data structure and scope referred to in Annex 25 to this Regulation. The uniform data structure contains spatial, technical and identification parameters of individual objects, which are line lines of water ducts and sewerage and point objects ensuring the functionality of water management infrastructure.
(4) The municipalities shall submit to the Regional Authority, pursuant to Article 4 (4) of the Act, a draft update of the development plan through the Water Information System and sewerage in the same formats and content as referred to in paragraphs 2 (b) to (e) and 3; together with a proposal for an update of the development plan shall be documented:
(a) a request for a change in the development plan and a justification for a proposed change in the supply of drinking water, sewerage and sewage treatment or a change in the economic data of the technical solution set out in the approved plan and the proposed technical solution; a calculation of the value of the property at the replacement cost for the proposed specific object parameters is included in the application for a change to the development plan,
(b) the statement by the relevant river basin management authority pursuant to Article 4 (5) of the Act on the proposed amendment of the development plan;
(c) the opinion of the owner of the operating tap and the opinion authorised from the collection of surface water or groundwater in the event that the proposed pipeline is connected to another owner's water infrastructure;
(d) the opinion of the owner of the operationally related sewerage and authorised from the discharge of waste water into surface or groundwater waters in the event that the proposed sewerage is connected to the water infrastructure of another owner; and
(e) data on the salinity and full analysis of raw water within the scope of Table 1 of Annex 9 to this Regulation by an accredited laboratory that is not more than 1 year old and, where such evidence is available, information on the method of protecting watersource 38), in the case of planned use of water source.
(5) The Regional Authority shall transmit to the Ministry of Agriculture on an ongoing basis individual proposals for amendments to the development plan for discussion and opinion within the scope of Section 4 (4).

ČÁST TŘETÍ

EVIDENCE OF WATER AND CANALISATION
(K § 5 (6) of the Act)

ODDÍL PRVNÍ

COMMON PROVISIONS
§ 5
The ownership records of water ducts and sewerage (hereinafter referred to as "property records') and the operating records of water ducts and sewerage (hereinafter referred to as" operating records') shall not apply to water ducts and sewerage referred to in § 1 (4) of the Act.

ODDÍL DRUHÝ

MAINTENANCE EVIDENCE
§ 6
(1) The content of the collected data transmitted is listed in Annexes 1 to 4 and is part of the Water and Sewerage Information System.
(2) Selected data from property records shall be reported separately by the owner of the pipeline or sewerage for:
(a) the supply lines and the water distribution network supplying at least part of the municipality (1) and not more than the whole municipality (or several neighbouring municipalities, if not more than 200 m between the built-up territory or the built-up area of these municipalities;
(b) water-treatment or water-collection structures;
(c) the supply channel and sewer network used at least in the part of the municipality (1);
(d) sewage treatment plants.
(3) The owner of the water duct or sewage system transfers the selected data from the property records to the competent building office through the Water and Sewerage Information System.
(4) The building office shall transmit the data of property records processed in accordance with Section 5 (4) of the Act to the Ministry through the Water and Sewerage Information System.
(5) The collection of collected data from property records is available to regional authorities for the territory of the region and river basin managers under their territorial competence within the Water and Sewerage Information System.

ODDÍL TŘETÍ

OPERATING EVIDENCE
§ 7
(1) The content of the selected data transmitted is set out in Annexes 5 to 8 and is part of the Water and Sewerage Information System.
(2) Selected operating record data shall be reported separately by the owner of the pipeline or sewerage for the following functional units:
(a) supply lines, a water distribution network supplying at least a part of the municipality (1) and a maximum of several municipalities where the quality of the water supplied by that network can be considered to be approximately equal,
(b) water-treatment or water-collection structures;
(c) supply sewerage, sewerage network for waste and precipitation water from at least part of the municipality, 1)
(d) sewage treatment plants.
(3) The owner of the water duct or sewage system shall transmit the selected data from the operating records to the competent building office through the Water and Sewerage Information System.
(4) Where more than one water supply or sewage system is a functional unit in which the water quality can be considered to be approximately equal, with one operator owned by more than one person, the data collected from the operating register shall be transmitted as that functional unit or part thereof.
(5) The construction office shall transmit the data processed under Section 5 (4) of the Act to the Ministry through the Water and Sewerage Information System.
(6) A set of selected data from the register of operations is available to regional authorities for the territory of the region and river basin managers under their territorial competence within the framework of the Water and Sewerage Information System.
§ 8
Water quality control plan during drinking water production
(1) The water quality control plan during the production of drinking water (hereinafter referred to as "water quality control plan") contains the following parts:
(a) sampling points in the control profiles of the water treatment plant and during its transport to the final consumer;
(b) the extent of the analyses carried out according to the quality indicators observed in the control profiles of the water treatment plant and during its transport to the final consumer;
(c) the frequency of analyses in individual control profiles of the water treatment plant technology line and during its transport to the final consumer;
(d) procedures for sampling, treatment of water samples and methods of analysis;
(e) the manner in which the results of checks on water quality and their records are processed.
(2) The technical characteristics for the water quality control plan are set out in Annex 9.
(3) The sampling of waters, including their preservation and handling, shall be carried out according to standard values. 5)
(4) Samples for water quality control during drinking water production shall be taken so that they are representative of the quality throughout the year at the appropriate sampling point.
(5) In carrying out analyses of the drinking water produced at the exit from the water treatment building, it shall be carried out in accordance with the specific legislation (5a).
§ 9
Waste water and sludge pollution control plan
(1) The plan for the control of the level of waste water pollution contains the following parts:
(a) sampling points in the control profiles of the waste water treatment plant's technological line and waste water instruction without treatment;
(b) the extent of the analyses carried out according to the quality indicators monitored in the control profiles of the waste water treatment plant's technological line and the treatment-free treatment-free waste water instruction;
(c) the frequency of analyses in the individual control profiles of the waste water treatment plant technology line and the treatment-free treatment-free waste water instruction;
(d) the sampling, sampling and analysis procedures for samples of water and sludge;
(e) the method of processing the results of the controls on the level of pollution and their registration.
(2) The technical characteristics for the waste water pollution control plan are set out in Annex 10.
(3) Sampling of waste water and sludge, including preservation and handling, shall be carried out according to standard values. 7)
(4) Indicators of the rate of pollution of waste water shall be determined by a procedure corresponding to the methods contained in the standard values for which the result is considered to be within the limits of determination and measurement uncertainty, for the purposes of this Decree. When using another method, it shall be demonstrated that the method used is equally reliable, such as the arbitration analytical method under a specific legislation. 7a)
(5) The plan for controlling the level of pollution of waste water must comply with the approved sewerage system (Section 14 (3) of the Act).
§ 10
Drawing documentation of water supply or drainage
(1) The drawing documentation of the water duct or sewerage referred to in Article 5 (2) of the Act (hereinafter referred to as the "drawing documentation") is a simplified documentation of the actual implementation of the water duct or sewerage and, where appropriate, of the individual parts of it intended for the operation, maintenance, repair, restoration and processing of the operating order of the water duct or sewerage according to a special law. 8)
(2) The drawing dossier shall include:
(a) details of the purpose and place of construction of the water duct or sewerage (hereinafter referred to as "the construction"), the business name or the name and address of the owner of the construction site, the parking number of the land as indicated in the extract from the property register, indicating ownership or other rights to the property;
(b) details of the approval decisions or approval decisions for the construction of the building and, in the absence of such decisions, at least the likely year of completion of the construction;
(c) a technical description of the construction and its equipment;
(d) a situation drawing and simplified drawings of the actual implementation of the construction in the scope and details of the corresponding type and purpose of the construction;
(e) technical parameters (dimensions of objects, piping brightness, pressure ratios, materials including wear and leakage, length, inclination, height points, turnovers, hatches, shaft stops, turnovers, description, etc.),
(f) the nature of the material of the distribution and the type of coating or lining of the inner walls of the pipes, water jams and cleaning tanks.
(3) The position of the water duct or sewerage is shown in the 1: 1000, 1: 500 or 1: 2880 situation plans. They include the semi-timely data needed to plot shafts, fittings, quarry points, turnovers, etc., in coordinates or reference cubits. In the case of newly built or renewed ducts and sewerage, the drawing documentation shall be processed according to the project documentation adjusted on the basis of the focus of actual construction.
(4) The drawing documentation referred to in paragraph 1 (a) is also drawn up in digital form in a uniform data structure and scope according to the Decree governing the digital technical map of the region. The uniform data structure contains spatial, technical and identification parameters for individual line lines of water ducts and sewerage and point objects ensuring the functionality of the whole infrastructure.
(5) For the purpose of the entry of data on the water duct or sewerage into a digital technical map through a single interface 35) and for the purpose of the transmission of such data pursuant to Article II of Act No. 47 / 2020 Coll., amending Act No. 200 / 1994 Coll., on Geometry, and amending and supplementing certain laws related to its introduction, as amended, Act No. 183 / 2006 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended, and other related laws, the property registration number given in the Water Information System and Sewerage.
§ 11
Operating log
(1) The operating logbook and the operating records must be kept in such a way as to serve the operator as a basis for operational decision-making and as proof to the owner of the manner in which the water management assets are operated. The operational log shall record daily operational records of, or parts of, the water duct, operator activity data, including events that may affect the operation of the water duct or sewage, and records of the measures taken concerning the operation of the water duct and resulting from the conclusions of the risk assessment32), in accordance with the Ordinance on sanitary requirements for drinking and hot water and checks on drinking water33). The records of persons carrying out traffic checks shall also be recorded in the operating log. In operations where daily service is not required, records shall be made at each inspection or operational intervention.
(2) If appropriate, the operating log may be broken down into the sub-operating logs.
(3) The operational records referred to in paragraph 1 may be replaced by continuous computer outputs of an automated management system or may be conducted electronically. Operating records shall be kept for 5 years.

ČÁST ČTVRTÁ

ANNEX II
(Paragraph 6 (10) and (13) of the Act)
§ 12
(1) The application form for the issue, modification or revocation of an operating permit shall be completed by means of the Water and Sewerage Information System. The content of the application form is set out in Annex 11.
(2) Information relating to the registration of the issue, modification or revocation of an operating permit, including a copy of the decision issued by the Regional Authority pursuant to Article 6 (10) of the Act, shall be transmitted to the Ministry through the Water and Sewerage Information System. The structure of the register is part of the Water and Sewerage Information System.
§ 12a
(1) The following activities shall be regarded as related to the field of education of water and sewage-related content:
(a) knowledge of the legislation in the water supply and sewage sector;
(b) knowledge of processes related to water collection, treatment of drinking water, including hygiene and water transport;
(c) knowledge of processes related to waste water treatment, sludge management and waste water collection by sewer systems;
(d) knowledge of legislation relating to the formation of prices for aqueous and tawdry prices;
(e) the ability to evaluate water analysis data, to identify possible defects in the adjustment process;
(f) ability to analyse the deficiencies of the distribution system and the water losses in the pipe network;
(g) the ability to evaluate the data of waste water analysis, the definition of the essential deficiencies of the sewer system and of the sewage treatment plant;
(h) the ability to carry out analyses in the area of the economy of operation and pricing for water and tiled prices;
(i) the ability to assess economic development projects and the impact on operating costs in the water and sewage sectors.
(2) The provision of secondary education with a graduate examination, supplemented by an accredited education, by the Ministry of Education, Youth and Sports, completed by a professional examination, shall also be considered to be related to the field of water and sewage education.

ČÁST PÁTÁ

CONTENTS OF THE PLAN FOR THE FINANCING OF WATER AND CANALIZATION, RULES FOR ITS PROCESSING
(Paragraph 8 (1) and (11) of the Act)
§ 13
(1) The content of the financing plan for the recovery of water ducts and sewerage is:
(a) the definition of infrastructure assets broken down by selected data by property records at the replacement cost calculated in accordance with Annexes 1 to 4 to this Decree;
(b) an assessment of the state of the property, expressed as a percentage of wear,
(c) the annual need for and coverage of funds;
(d) documents of drawing up the funds generated, including invoices or copies thereof;
(e) the registration of funds for the recovery of pipelines and sewerage; and
(f) additional information on the actual creation and use of funds for the recovery of pipelines and sewerage.
(2) The preparation of the plan referred to in paragraph 1 shall be carried out in accordance with Annex 18 to this Regulation.
(3) The update of the plan referred to in paragraph 1 shall be carried out in the calendar year following the calendar year in which the owner's assets have changed by more than 10% of the value of the assets referred to in the plan for the financing of the renewal of pipelines and sewerage, but not more than 5 years after their processing or, where applicable, the last update. Each update made shall be part of the original plan for the financing of the recovery of water ducts and sewerage.
(4) The funds for the rehabilitation of water ducts and sewerage are each year made up of an adequate annual need for funds for the recovery of water ducts and sewerage. The Adequate annual need for funds to restore water and sewerage is calculated as a proportion of the value of the property expressed in the replacement purchase price according to the selected data from the water and sewage records provided for in Section 5 (3) of the Act and the theoretical life of the infrastructure,
(a) the theoretical lifetime is determined for the purposes of the processing of the recovery financing plan for:
1. water supply lines and water network 80 years,
2. facilities and water resources 45 years,
3. supply ducts and bilge nets for 90 years; and
4. waste water treatment plants for 40 years;
(b) in the case of separate reporting of the technology and the construction part, the theoretical life for water treatment plants and waste water treatment plants shall be determined for:
1. technology 15 years,
2. the construction part of the treatment and water sources for 55 years; and
3. 50 years of waste water treatment plant construction.
(5) The plan for the financing of the recovery of water ducts and sewerage must be drawn up in such a way as to provide a reserve of funds for the recovery of water ducts and sewerage. An overview of the creation and use of funds for recovery, prepared in accordance with Table 5 in Annex 20 to this Decree, in relation to the financing plan for the recovery of water ducts and sewerage in each year, shall be documented in the comparison provided for in Section 36 (5) of the Act through the Water Information System and sewerage.
(6) The reserve of funds for the recovery of water ducts and sewerage means funds for the recovery of water ducts and sewerage. This is the difference between the actual creation and the actual drawing of funds to restore water ducts and sewerage. For the purposes of the reserve of funds for the recovery of water ducts and sewerage, the owner shall provide evidence of separate monitoring of funds for the recovery of water ducts and sewerage, in particular through analytical accounts for synthetic accounts. The owner is obliged to ensure in his accounting system a clear allocation of all transactions that relate to the creation and drawing of the reserve.
(7) The allocation to the reserve of funds for the recovery of water ducts and sewerage is made up of funds made up of water and sewage, smoldering or rental and other funds.
(8) For value added tax payers, value added tax shall not be included in the production and use of funds for the recovery of water and sewage.
(9) The use of funds for purposes other than the recovery of water ducts and sewerage is only possible temporarily if the lifetime of the water pipelines in the group total or by sewerage in the group according to the selected data from the ownership records of the water ducts and sewerage total does not exceed one half of the lifetime determined in accordance with paragraph 4. These funds shall be transferred to the reserve of funds for the recovery of water and sewerage installations no later than 10 years after their use for other purposes. The further use of funds from the reserve of funds for the recovery of water ducts and sewerage facilities, rather than for the implementation of the recovery of water ducts and sewerage, is possible only after the transfer of funds according to the second sentence.
(10) The funds used pursuant to paragraph 9 shall be recorded separately by the owner and shall send to the Ministry by 28 February each year a recovery plan as set out in Annex 18 to this Decree through the Water and Sewerage Information System.
(11) The method of creating or using funds for the recovery of water ducts and sewerage, which would be different from the rules laid down in paragraphs 4, 6 and 9, shall be possible only in individual justified cases. In such a case, the owner is obliged to send to the Ministry a recovery plan in accordance with Annex 18 to this Decree through the Water Water Information System and sewerage with a request for the Ministry's opinion.

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Regulation Information

CitationDecree of the Ministry of Agriculture No. 428 / 2001 Coll., implementing Act No. 274 / 2001 Coll., on Water and Sewerage for Public Use and on the amendment of certain laws (Act on Water and Sewerage)
Regulation TypeOrder
Author-
CollectionCode of Laws
Date of Promulgation11.12.2001
Effective from01.01.2002
Effective until-
Status Valid
The regulation text is for informational purposes only.
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