Act No. 58 / 1998 Coll.
Law on charges for discharges of waste water into surface water
Valid
Effective from 01.07.1998
58
THE LAW
of 4 March 1998
on charges for discharges of waste water into surface water
Parliament has decided on this law of the Czech Republic:
Waste water discharge charges
(1) A legal or natural person who releases waste water1) into surface water (the polluter) is required, under the conditions laid down in this Act, to pay a pollution charge for discharges of waste water and a charge on the volume of discharges of waste water (the charges).
(2) The payment of fees does not replace the authorisation to discharge waste water.2)
Waste water pollution charge
(1) The pollution charge for discharges of waste water shall be payable by the polluter when the effluent water discharged by it contains the pollutants listed in Annex 1 (hereinafter referred to as "pollution indicators") and exceeds the mass and concentration limit of the charge in the relevant pollution indicator. The mass and concentration limits for charging and the rates of charge, broken down by pollution indicator, are set out in Annex 2.
(2) The pollution charge for discharges of waste water shall be equal to the sum of the sub-amounts calculated per pollution indicator as a multiple of the fee rate and the total amount of pollution per calendar year. The total amount of pollution shall be determined by multiplying the average annual concentration of pollution for the relevant pollution indicator by the annual volume of waste water discharged.
(3) The rate of charging for the pollution indicator "organic substances characterised by chemical oxygen consumption" is applied according to the appropriate type of waste water. The charging rate for the pollution indicator "ammonia nitrogen 'shall apply until 2000 inclusive and the rate for the pollution indicator" total inorganic nitrogen' shall apply from 2001 onwards. The charges for discharges in the indicator of adsorbable organic halogens (AOX) shall apply from 1 January 2001.
(4) The polluter may, for the purposes of calculating the charge, deduct the amount of pollution contained in it from the total amount of pollution found in the effluent. The quantity of water collected shall be supported by data on the concentrations of pollution in the water collected according to the relevant pollution indicators and the quantity collected in the year for which the fee is calculated.
Fee from the volume of effluent
(1) The polluter is obliged to pay the charge on the volume of effluent to surface water if the volume of effluent to it exceeds 30 000 m3 for the calendar year and at the same time has been obliged to pay a pollution charge in accordance with § 2.
(2) The charge from the volume of effluent is calculated by multiplying the total volume of effluent effluent by CZK 0.1 per 1 m3.
Monitoring, measurement and recording of waste water pollution
(1) For the purpose of determining the level of charges, a polluter who has incurred a charge obligation under this Act shall, for each source and discharge, monitor the concentration of pollution in the effluent waste water in the relevant indicators, measure the volume of effluent water discharges and keep an operational record of such monitoring and measurement according to each pollution indicator. The polluter shall be responsible for the accuracy of the detection of sources of pollution from discharges, the determination of the concentration of pollution according to the relevant pollution indicators, the measurement of the volume of waste water discharges and the management of operational records. The polluter shall keep all supporting documents for the maintenance of the register for five years.
(2) If the polluter discharges multiple effluents in one site, the discharge water from all effluents shall be included in the amount of pollution and the volume of effluents discharged. More discharges in one location are e.g. individual discharges from public sewerage within one municipality, individual discharges from industrial production. For the purposes of calculating the fees, both the amount of pollution and the volume shall be collected separately for purified and separately for non-purified waste water if cleaned and uncleaned waste water are discharged from multiple effluents in one site. Purified waste water is water treated e.g. in a mechanical-biological or mechanical-chemical sewage treatment plant. In doubt whether or not it is purified waste water, the Czech Environmental Inspection Office ("Inspection ') will decide.
(3) A closer definition of the source of pollution, the procedure for determining the pollution contained in waste water, the detection of the average concentration of pollution and the annual volume of waste water discharges, the calculation of the amount of pollution referred to in Section 2 (4), the implementation of the measurement of the volume of waste water discharges and the requirements of the operational register shall be determined by the Ministry of the Environment (hereinafter referred to as the Ministry) by decree.
Analysis and control of waste water pollution
(1) Only competent legal persons or natural persons authorised to do business (hereinafter referred to as "authorised laboratory") may carry out analyses to determine the concentration of pollutants in waste water for the purposes of this Act. Only authorised laboratories authorised by the Ministry (the control laboratory) may carry out analyses to check the accuracy of the monitoring of waste water pollution.
(2) Only competent legal persons or natural persons authorised to do business by the Ministry (hereinafter referred to as the "measuring group") can check the accuracy of the monitoring and measurement of the volume of discharges. The Ministry shall determine the method of monitoring the pollution of waste water, the measurement of the volume of waste water discharged, the requirements for the eligibility of authorised laboratories, control laboratories and measurement groups to perform analyses to determine the concentration of pollutants in waste water and to check the accuracy of the measurement of the volume of waste water discharged for the purposes of this Act. The Ministry regularly publishes a list of approved laboratories, control laboratories and measuring groups in the Ministry Bulletin.
(3) The polluter shall be obliged to allow the authorised persons of the control laboratories and measuring groups to enter the controlled premises, provide them with the necessary supporting documents for carrying out the inspection and ensure conditions for sampling from all releases of the controlled source of pollution.
(4) Reimbursement of costs related to the carrying out of analyses and inspections of waste water pollution for the purpose of the performance of the public administration will be provided by the State Environmental Fund of the Czech Republic (hereinafter referred to as the Fund) on the basis of a proposal from the Inspection.
Advances
(1) In order to determine the amount of advances on charges for the following calendar year, the polluter is obliged to process the charge report, indicating the facts relevant for its calculation, in particular the quantity and concentration of pollution indicators and the volume of waste water discharged broken down by source of pollution and their discharges, including the data for the deduction of pollution in water collected (Section 2 (4)) and the data for the purpose of calculating the amount of charges. In the fee reporting, the polluter shall calculate the amount of the fees advances and submit them to the Inspection by 15 October of the current year at the latest. The model of the fee report shall be determined by the Ministry by a decree.
(2) The inspection on the basis of the charge report and the verification of the data relevant for the calculation of the fee advances shall determine the amount of the advance by the amount delivered to the polluter, the competent financial office and the Fund by 15 December of the current year. In the inspection area, the inspection provides for equal quarterly advances if their aggregate amount is equal to or less than CZK 1 million, or even monthly advances if their aggregate amount is more than CZK 1 million.
(3) The monthly advance shall be payable by the polluter no later than the 25th day of the calendar month for which the advance has been paid. Quarterly advances shall be payable by the polluter by the 25th day of the last month of the calendar quarter for which the advance has been paid.
(4) If, during the year in which the advances are due, the Inspections find that the actual data relevant for the calculation of the fees advances differ from those provided for in the charge report by more than 30%, or that the polluter did not indicate in the charge report the value of the pollution for all pollution indicators exceeding the limit values set out in Annex 2, they shall, according to the actual data, issue a new measurement within 30 days of the date on which they were established. The new notice shall specify the new amount of advances for the remainder of the year, in a similar manner as referred to in paragraph 2; the amount of advances still due shall not be changed.
(5) If the polluter finds that the actual data relevant for the calculation of the fee advances differs by more than 30% from that provided in the charge report, he shall be obliged to submit a new charge report on the basis of which the Inspection will issue a new charge advance notice within 30 days of the date of receipt of the new charge notice. Paragraphs 2 and 4 shall apply mutatis mutandis in the rest.
(6) The obligations referred to in paragraphs 4 and 5 do not apply to isolated one-off derogations.
Fee returns
(1) By 15 February, the polluter is obliged to submit a fee return check for the previous calendar year. In this declaration, the polluter shall provide actual data on the number of pollution indicators subject to charging, their concentration in discharges of waste water and the volume of waste water discharges, broken down by source of pollution and their discharges, including data necessary for possible deduction in the water collected (Section 2 (4)), data on the deferral provided and the amount of advances paid. The model of the return shall be determined by the Ministry by decree.
(2) The inspection on the basis of the fee allocation and verification of the data relevant for the calculation of the fees shall determine the amount of the fees for the previous calendar year by a fee scale to be delivered to the polluter by the competent financial authority and the Fund by 30 April of the current year. Where the advances paid are less than the amount of the fees charged, the polluter shall pay the arrears to the account of the competent tax office within 15 days of the date of receipt of the charge notice. Where the advances paid are higher than the fees charged, the competent financial authority shall reimburse the polluter of the excess payment without application by 30 May of the current year. arrears of fees not exceeding CZK 500 shall not be paid by the polluter; overpayments not exceeding that amount shall not be refunded by the competent financial authority to the polluter.
Deferred payment of fees
(1) A polluter who has proven to have started work on the construction of a sewage treatment plant (hereinafter referred to as "construction") or other investment facility (hereinafter referred to as "other equipment") to reduce the amount of pollution in discharges of waste water to the level laid down in the waste water permit, (2) but not exceeding the level laid down by the special regulation6), or to pool funds for this purpose, may, at the latest within one year of the start of the construction or other installation or the conclusion of a contract on the association of funds, request to the Inspection for the payment of a deferral of up to 80% of the amount of the charges for the source of pollution for which he has started or the funds (hereinafter referred to as "grace"). "The inspection shall decide on the postponement in accordance with the Administrative Regulation.7) The decision to defer payment of fees shall be sent by the inspection to the polluter, the competent financial authority and the Fund.
(2) The deferral may be granted from the first day of the month following the date of the actual start of the construction or construction of another installation supported by the registration in the building journal or, in the case of a pool of funds, until the start of the construction or other establishment, not earlier than the first day of the month following the date of conclusion of the contract for the association. The deferral shall last until the last day of the month laid down for completion of the construction in the final authorisation of the water operator. The inspection shall allow a postponement of up to the amount of the construction or other installation costs.
(3) Where the polluter or the polluter with whom the polluter has entered into a contract for the collection of funds has completed the construction or other installation before the date fixed for completion in the final authorisation of the water operator, he shall be obliged to notify the Inspection in writing within one month of their completion. The postponement shall end on the last day of the month in which the written notification to the Inspection was received.
(4) If the polluter or the polluter with whom the polluter has entered into a contract for the grouping of funds has requested, pursuant to a special Regulation (8), approval of the start of the test operation, or has been granted a permit for the provisional use of the construction or other equipment for the test operation before the approval has been granted, the delay shall last for the duration of the test operation but no later than two years after the approval or authorisation has been granted.
(5) Where the polluter or the polluter with whom the polluter has entered into a contract for the collection of funds has not complied with the conditions for deferral, the polluter shall be obliged to pay the deferred part of the fee at the latest within one year of the date on which the decision is taken in equal monthly instalments. Any appeal against such a decision shall not have suspensory effect.
(6) The polluter may apply for a deferral not later than one year from the date of commencement of the construction or other installation or from the date of conclusion of the contract for the grouping of funds.
(7) The polluter shall submit to the Inspection the necessary documents for the granting of the deferral and for the assessment of compliance with its conditions.
(8) The formalities for applications for the authorisation of deferral and the procedure for their examination and authorisation of postponement shall be laid down by the Ministry by decree.
Waiver of part of fees
(1) If the polluter or the polluter with whom the polluter has entered into a contract for the collection of funds, the deadline for completion of the construction or other installation provided for in the permit of the water operator and the pollution of discharges of waste water reaches the level set in the authorisation of the water operator for the discharge of waste water, (2) but the maximum of the levels laid down by the special regulation, (6) the inspection of the polluter shall waive part of the fees corresponding to the amount the payment of which has been deferred pursuant to Article 8 by the inspection decision.
(2) A decision to waive part of the fees in the cases referred to in paragraph 1 shall be taken by the inspector on the basis of the polluter's request. The decision shall be sent to the polluter, the competent financial office and the Fund.
Penalties
If the polluter does not pay the advance payment on the fee or arrears resulting from the charge notice at the specified dates or in full, he shall pay a penalty of 0,1% of the amount due for each day of delay.
Fines
(1) A polluter with a fee obligation under this Act may be fined by the Inspection Office in the amount of CZK 1000 to CZK 50,000 if:
(a) not submit a charge report or return within a specified time limit;
(b) does not monitor or monitor the concentration of pollution in discharges of waste water as listed in Annex 2 for all sources and discharges;
(c) does not measure the volume of waste water discharged or measure it for all sources and discharges;
(d) does not keep an operational record of monitoring the concentration of pollution in discharges and measuring the volume of effluent discharges;
(e) shall not allow authorised officers of control laboratories to enter the premises checked;
(f) it shall not keep the documents required to keep the traffic records for a specified period of time or keep them in the prescribed manner.
(2) The penalty may be imposed on the polluter within two years of the date on which the inspection became aware of the infringement, but no later than five years after the infringement occurred.
(3) The inspection shall proceed in accordance with the administrative rules when imposing a fine. 7)
Fees management
(1) The fees management shall be carried out by the locally competent tax authorities on the basis of documents issued by the Inspections; 9), unless otherwise provided for by that law.
(2) Fees, including advances, penal9) and fines (7) are paid by the polluter on behalf of the competent financial authority and are the income of the Fund. The revenue of the fees and their accessories, including advances, penalties collected and fines, shall be transferred by the competent financial authority to the Fund's account on a monthly basis.
Transitional and final provisions
The fees calculated at the rates set out in Annex 2 shall be paid only 60% for 1999 and shall be paid only 80% for 2000 and 2001.
Charges for pollution from discharges of waste water for 1998 and previous years are governed by existing regulations. 10)
The documents necessary to ensure the administration of fees under this Act shall be transmitted by the flow managers no later than 30 days after the effective date of this Act.
They shall be deleted:
1. Part Three and Annex to the Decree of the Government of the Czech Republic No. 35 / 1979 Coll., on payments in water management, as amended by Decree No. 91 / 1988 Coll. and Act No. 281 / 1992 Coll.
2. § 44 of Act No. 138 / 1973 Coll., on Water (Water Act).
This Act shall take effect on 1 July 1998, except for Sections 1, 2, 3, 7, 8, 9, 10, 12, 13, 14, 15 and 16, which shall become effective on 1 January 1999.
Zeman v. r.
Havel v. r.
Tošovský v. r.
Příloha č. 1
Annex No. 1 to Act No. 58 / 1998 Coll.
Pollution indicators and methods for determining:
1. Organic substances characterized by chemical oxygen consumption (CHSKCr) determined by the dichromate method according to ČSN 83 0540 Part 8.
2. Dissolved inorganic salts (RAS) determined according to ČSN 83 0540 Part 3 B.
3. Undissolved substances (NL) determined according to ČSN 83 0540, part 3 C, filter pore size 0,7 - 1,3 micrometer.
4. Phosphorus (Pc) total determined according to ČSN 83 0540 part 14 B.
5. Ammoniacal nitrogen (N-NH + 4) determined according to ČSN ISO 5664 and 7150-1 respectively in the filtered sample.
(Charged until 31.12.2000).
6. Nitrogen inorganic total (Nanorg), calculated as the sum of the mass concentrations of ammonia nitrogen (N- NH4 +) determined according to (see 5), nitrite nitrogen (N- NO2-) determined according to ČSN EN 26 777, and nitrate nitrogen (N- NO3-) determined according to ČSN ISO 7890-3 in the filtered sample.
(Nanorg charged since 1.1.2001).
7. Adsorbable organic halogens (AOX) determined according to ČSN EN 1485 in the filtered sample.
(AOX charged since 1.1.2001).
8. Mercury (Hg) determined according to CSN ISO 5666-1 (may also be used specially designed mercurometers such as domestic TMA 254, or AMA and their corresponding analytical methodology).
9. Cadmium (Cd) determined according to EN 5961 (CSN 75 7418).
Any amendments to the above standards shall be published by the Ministry in its Bulletin.
Příloha č. 2
Annex No. 2 to Act No. 58 / 1998 Coll.
ADJUSTMENTS FOR CALCULATION OF THE PAYMENT AND COMPETITION LIMITS
| UKAZATEL znečištění | SAZBA | LIMIT ZPOPLATNĚNÍ | ||
|---|---|---|---|---|
| Kč/kg | hmotnostní kg/rok a | koncentrační mg/l | ||
| 1. | ||||
| a) CHSK nečištěné odpadní vody | ||||
| do 31. 12. 2004 | 16 | 20 000 | 40 | |
| od 1. 1. 2005 | 16 | 8 000 | 40 | |
| b) CHSK čištěné odpadní vody | 8 | 10 000 | 40 | |
| c) CHSK pro odpadní vody čištěné z výroby buničiny a ze zušlechťování bavlnářských a lnářských textilií | 3 | 10 000 | 40 | |
| 2. | RAS | 0,5 | 20 000 | 1200 |
| 3. | nerozpuštěné látky*) | 2 | 10 000 | 30 |
| 4. | fosfor celkový | |||
| do 31. 12. 2004 | 70 | 13 000 | 3 | |
| od 1. 1. 2005 | 70 | 3 000 | 3 | |
| 5. | dusík amoniakální do 31. 12. 2000 | 40 | 15 000 | 15 |
| 6. | dusík Nanorg od 1. 1. 2001 | 30 | 20 000 | 20 |
| 7. | AOX od 1. 1. 2001 | 300 | 15 | 0,2 |
| 8. | rtuť | 20 000 | 0,4 | 0,002 |
| 9. | kadmium | 4 000 | 2 | 0,01 |
Note:
*) Only polluters who pay the fee for this indicator
(a) the COD fee does not apply, but the pollution exceeds the NL charging limit; or
(b) emit more NL in waste waters than three times the amount of COD charged.
1) § 22 of Act No. 138 / 1973 Coll., on Water (Water Act).
2) Paragraph 8 (1) (c) of Act No. 138 / 1973 Coll.
3) Sections 5 (1) and 8 (1) of Act No. 138 / 1973 Coll.
4) Act ČNR No. 388 / 1991 Coll., on the State Environmental Fund of the Czech Republic, as amended by Act No. 334 / 1992 Coll.
5) E.g. § 9 of Act No. 138 / 1973 Coll., § 66 et seq. of Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended.
6) Decree of the Government of the Czech Republic No. 171 / 1992 Coll.
7) Act No. 71 / 1967 Coll., on Administrative Procedure (Administrative Regulations).
8) § 84 of Act No. 50 / 1976 Coll.
9) Act No. 337 / 1992 Coll., on the Administration of Taxes and Fees, as amended.
10) Government Decree No. 35 / 1979 Coll., on water payments, as amended.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Act No. 58 / 1998 Coll., on fees for discharges of waste water into surface water |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 30.03.1998 |
|---|---|
| Effective from | 01.07.1998 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0