Decree of the Ministry of Forestry and Water Management of the Czech Socialist Republic No. 6 / 1977 Coll.
Decree of the Ministry of Forestry and Water Management of the Czech Socialist Republic on the protection of the quality of surface water and groundwater
Valid
Effective from 01.04.1977
6
DECLARATION
Ministry of Forestry and Water Management of the Czech Socialist Republic
of 18 January 1977
on the protection of surface and groundwater quality
The Ministry of Forestry and Water Management of the Czech Socialist Republic shall determine, in an agreement with the central authorities concerned, in accordance with § 25 (4) and in agreement with the Ministry of Interior of the Czech Socialist Republic and the Ministry of Health of the Czech Socialist Republic pursuant to § 26 (3) of Act No. 138 / 1973 Coll., on Water (Water Act):
Substances affecting water quality or health
(1) Surface water and groundwater should be protected against degradation not only by waste water but also by other substances which may endanger their quality or health ("defective substances"). If they are not part of the waste water within the scope of authorised water management, they shall be defective:
(a) petroleum substances - hydrocarbons and their mixtures, 1)
(b) poisons and other harmful substances, 2)
(c) corrosive substances, radioactive radiators and radioactive wastes, 3)
(d) silage juices;
(e) industrial and livestock fertilisers and their liquid components, aerobically stabilised compost;
(f) plant protection and pest and plant control products;
(g) solid and liquid waste of the nutritional industry, solid waste of the consumer industry and in the engineering industry waste
- surface treatment of metals (chemicals for preparing functional baths, all contaminated baths and solid waste from cleaning and regeneration),
- heat treatment of metals (sludge salts and waste after use),
- non-conventional machining and forming technologies (electronic and chemical machining),
- from the processing of metals containing residues of oils,
(h) a concentrated chromatographic bath;
(i) sludges or solid pollutants and waste of any kind resulting from:
- the collection and collection of waste from households, hospitals, etc.,
- cleaning of storage tanks, means of transport, handling areas and roads contaminated by petroleum substances,
- removal of slag, ash, etc.,
- mining and quarrying,
(j) other soluble substances in free storage, in particular spray salts.
(2) The packaging of defective substances used is treated as defective substances.
Conditions under which defective substances may be handled
(1) Any user of defective substances shall be considered to be any person who treats them, i.e. who mines, stores, processes, transports or otherwise treats them.
(2) The user of the defective substances is obliged to comply with the provisions of Section 25 of the Water Act and to comply with the obligations laid down in this Decree.
(1) The user of the defective substances shall take measures to protect the quality or health of surface or groundwater (hereinafter referred to as "water quality '); Such measures shall be proportionate to the type of defective substance:
(a) the location of installations in which the defective substances are used, captured, stored, processed or transported in such a way as to prevent the undesirable leakage of the defective substances into the soil or their undesirable mixing with waste or precipitation waters;
(b) ensuring the protection of water quality in the preparation and implementation of investments;
(c) the use of such equipment and, where appropriate, methods of handling harmful substances which are suitable for water quality protection,
(d) regular inspections of warehouses and landfills, as well as testing for leakage of pipes or tanks intended for storage and means of transporting defective substances, including timely repairs; the warehouses must be secured by an impermeable treatment against the leakage of defective substances into groundwater, 1)
(e) the establishment of an adequate control system for the detection of leakage of defective substances;
(f) familiarity with the conditions laid down in the specific rules for the treatment of harmful substances with regard to water quality protection and, where appropriate, with the safety regulations, (4) as well as with the obligations in the disposal of emergency deterioration and to eliminate its harmful consequences.
(2) In cases where the user of the defective substances treats those substances to a greater extent or where the handling of those substances is associated with an increased risk, the user of the defective substances shall be obliged, in addition to the measures referred to in paragraph 1, to take the following additional measures:
(a) develop a plan of measures in case of emergency deterioration of water quality (hereinafter referred to as "emergency plan") and submit it for approval to the competent water management authority; (5) if the plan of emergency measures affects water flow, it shall be discussed by the user of the defective substances before submission to the water flow manager, who shall also receive a copy of the emergency plan;
(b) prepare special equipment and means for the disposal of accidental deterioration and for the removal of its harmful consequences and for this purpose train the relevant personnel professionally;
(c) keep records of the measures taken.
(3) The Water Authority may also impose a decision on the measure referred to in paragraphs 1 and 2. 6)
The user of the defective substances shall, when implementing the measures provided for in Section 3, follow the instructions of the water authority or, where appropriate, the health service body and notify them of the implementation of those measures.
The water operator may, when using defective substances other than petroleum substances, authorise an exemption from the general obligation referred to in Paragraph 25 (1) of the Water Act, to the extent strictly necessary, for a limited period of time and provided that they are used:
(a) to adjust and maintain the water flow;
(b) to feed fish and fertilize waters to increase maintenance;
(c) for health reasons such as the use of disinfectants in surface waters in the field of recreation;
(d) to adjust waters for certain uses, such as the precipitation of inorganic nutrients directly in the water stream;
(e) to remove unwanted flora or fauna in the water stream;
(f) as indicator substances for measurement purposes.
Accidental water quality deterioration
The emergency deterioration of water quality (hereinafter "the accident ') is an exceptional serious deterioration or an emergency serious threat to water quality. Exceptional serious deterioration in water quality is generally sudden, unforeseen and is manifested in particular by a severe coloring, odour, the formation of deposits, fat or foam, or, where appropriate, by an extraordinary killing of fish. The risk caused by the uncontrollable intrusion of defective substances or, where appropriate, of waste water in the quality or quantity which may cause the accident into an environment related to surface or groundwater shall be considered to be an exceptional serious threat to the quality of the water. Furthermore, cases of technical defects and defects preventing such intrusion and cases of oil leakage from facilities to capture, store, transport and delay shall be considered as an exceptional serious threat to water quality.
Cases of deterioration or threat to the quality of waters by oil substances, where appropriate by radioactive radiators and radioactive waste, as well as of deterioration or threat to the quality of water in protected water-management areas, in protection zones or on watercourses and their river basins, shall always be considered an accident. This is not the case in cases where, due to the extent and point of leakage, the risk of defective substances entering surface or groundwater is excluded.
Accident report
(1) The accident is reported by the cause of the accident or by the person who finds it, in the most appropriate and rapid manner according to local circumstances, such as in person, by telephone, by telegraph or by writing. 7)
(2) The author of the accident or the person who found it reports the accident to the district national committee and to the National Committee of the City of Prague in Prague, whose territorial area the accident or its characteristics have been detected, and, in the event of a threat to the quality of the water in connection with the breach of the Sewerage Code, also to the public sewer managers; a citizen may report an accident to the nearest Public Security Service. These services shall transmit the received messages without delay to the competent district national committee or in Prague to the National Committee of the City of Prague; they shall act in accordance with the relevant rules. 8)
(1) The report of an accident at the border stream shall be transmitted by the district national committee to the Regional National Committee.
(2) The district national committee is obliged to report to the relevant regional national committee on an accident exceeding its territorial perimeter or its possibilities and on an accident the harmful consequences of which may occur outside the territory of the Czech Socialist Republic; The Regional National Committee of the Ministry of Forestry and Water of the Czech Socialist Republic will report on the accident of an extraordinary scale at the border stream.
(3) The provisions of paragraph 2 shall be without prejudice to the obligation of the Regional National Committees to take measures which would otherwise belong to the Regional National Committee in cases where accidents exceed the territorial perimeter of the District National Committee or its possibilities.
(1) The District National Committee and the Prague National Committee of the City of Prague, or the Regional National Committee (hereinafter referred to as the "National Committee responsible"), shall report the accident to the authorities and organisations which may contribute to the destruction of the accident and to the elimination of its harmful consequences, and shall also report the watercourse accident or the accident which may be affected by the watercourse manager; the report shall indicate whether it will require cooperation and whether the cause of the accident is known.
(2) At the same time, the competent national committee shall inform the organisations affected by the law on water management and, in the event of an accident in the protection zones of natural medical resources, the Czech Health Inspectorate and the fountains. They shall ensure, as appropriate, that national committees in whose territorial area harmful consequences may occur make the occurrence of an accident public.
Emergency-scale accidents
Unless otherwise provided for in this Decree, the reporting and destruction of an exceptional scale accident shall be carried out, 9) as well as the removal of its harmful consequences, similar to that of an accident, with the application of Paragraph 42 (2) of the Water Act in order to prevent harmful consequences.
Disposal and removal of harmful consequences
(1) The user of the defective substances, as well as the user of the water when an accident has occurred (hereinafter referred to as the cause of the accident), is obliged to take, on the one hand, immediate measures to eliminate the accident and, on the other hand, measures to eliminate its harmful consequences.
(2) In particular, the immediate measure for the destruction of an accident is:
(a) an immediate report of the accident;
(b) to remove the causes of the accident as quickly as possible;
(c) prevent or at least mitigate the harmful consequences of an accident in such a way as to minimise it.
(3) In particular, the measures to eliminate the harmful consequences of the accident shall be:
(a) the disposal of escaped defective substances;
(b) monitoring of the quality of the groundwater at risk of introduction into the ground of the defective substances;
(c) putting the affected site in its original state, if possible.
(1) When implementing the measures referred to in paragraphs 2 and 3 of Article 12, the originator of the accident shall follow the emergency plan and, where appropriate, the instructions of the water authority; it is obliged to forward to the water authority a record of the accident and of the measures taken.
(2) The driver of the accident is obliged to cooperate with the authorities and organisations in implementing these measures to the extent set out in paragraphs 15 to 22.
Cooperation between institutions and organisations
(1) In the event of the destruction of the accident and the removal of its harmful consequences, the water operator may require cooperation between the authorities and organisations.
(2) Within the framework of the cooperation of the institutions and organisations, the water management authority may appoint a working group from among their representatives.
(3) The authorities and organisations to which the national committee responsible has reported pursuant to Article 10 of the accident and whose cooperation has been requested are required to cooperate in the disposal of the accident and in the elimination of its harmful consequences, in particular to designate, at the request of the water operator, their representatives in the working group.
(4) The scope of cooperation between the institutions and organisations is governed by the scope or competence of the institutions and organisations and, where appropriate, is defined in Sections 15 to 22.
(1) The water-management authority shall manage the cooperation of the authorities and organisations in accordance with its plan of emergency measures prepared in cooperation with the State Water Inspection, the sanitary services authorities and public fire services and, where appropriate, other bodies. in cases where the cause of the accident is unknown, it also controls the self-destruction of the accident and the removal of its harmful consequences.
(2) As a general rule, a representative of the State Water Inspection, the District Health Service, the water flow manager at which the accident took place and, where applicable, the water-relevant water flow manager in whose water catchment area the accident took place, and the operator of the accident, if known; representatives of the Czech Inspectorate of Spa and Foundation, the Czech Fisheries Union, and, where appropriate, the organisation of the State Fisheries and State Veterinary Services and Phytosanitary Services, as well as inspections of the fire protection of the National Committee and the Department of Public Security in whose territory the accident has been detected, and of the authorities whose supervision is subject to the technical facilities which caused the accident under specific regulations, may also be appointed as members.
Where the water operator has set up a working group, it shall draw up or implement the group in the framework of cooperation between the institutions and organisations:
(a) assessment of the accident and its impact on water flow and, where appropriate, on groundwater;
(b) an on-the-spot examination of the situation and verification of the cause of the accident;
(c) review of immediate measures to eliminate the accident;
(d) draft procedure and measures for the disposal of the accident and for the elimination of its harmful consequences;
(e) monitoring the implementation of the measures under the plan for emergency measures or imposed on the cause of the accident, and, where appropriate, the authorities and organisations in the framework of cooperation;
(f) the final report on the accident.
State water inspection
State water inspection in cooperation between authorities and organisations
(a) carry out a professional water-based examination of the causes of the accident and identify the cause of the accident;
(b) propose ways of eliminating the harmful consequences of the accident and preventive measures to prevent a similar accident;
(c) checks the measures taken.
District hygienist
In the cooperation of authorities and organisations, the district hygienist shall implement measures to protect the health of the population; 10) also monitors the health of water intended to ensure the emergency supply of the population under Paragraph 16 (2) of the Water Act.
Watercourse Manager
Water flow manager in cooperation between authorities and organisations
(a) ensure on the water flow and on its shores measures to capture and remove the defective substances caused by the accident;
(b) to eliminate the harmful consequences of the accident, propose and carry out exceptional handling on the waterworks it manages, or, where appropriate, give instructions for extraordinary handling of the waterworks to its users;
(c) it removes dead fish on its own where necessary, otherwise with the participation of an organisation which manages the accident in question.
Water management
In addition to the cooperation provided by the water flow manager, the water flow manager shall provide water purity surveys, water sampling and analyses.
Fire protection units
Fire protection units shall cooperate in particular by assisting in the capture and disposal of flammable or explosive substances within their capabilities and technical equipment.
Other institutions and organisations
Other authorities and organisations, other than cooperation resulting from, or related to, their activities or mission, shall be required, upon request by the water operator, to dispose of the accident and to eliminate its harmful consequences in particular:
(a) provide means of transport and mechanisation, fuel, tools, etc.,
(b) allow entry into real estate held by them in their management or use;
(c) participate, as far as possible, in the removal of the harmful consequences of the accident.
The competent national committee shall, in the context of the cooperation of the authorities and organisations, seek and determine the places where oil and contaminated substances are to be burned, otherwise disposed of or stored, and shall keep an eye on landfill managers for the protection of water purity. The landfills indicate emergency measures in its plan.
(1) The cooperation between the authorities and organisations in the disposal of the accident and in the elimination of its harmful consequences does not relieve the driver of the accident from the obligation to take immediate measures to eliminate the accident and the measures to eliminate its harmful consequences and to meet the costs reasonably incurred to prevent and arise damage, to avoid further increases and to eliminate it.
(2) The liability of the cause of the accident or its criminal liability is not affected.
Final provisions
The Decree of the Ministry of Forestry and Water Management of the Czech Socialist Republic No. 35 / 1972 Coll., on the Protection of Water from Pollution of Petroleum Substances is hereby repealed. 11)
This decree shall take effect on 1 April 1977.
Minister:
Ing.
1) ČSN 83 0915 Objects for the handling and storage of petroleum substances.
2) Government Regulation No 56 / 1967 Coll., on Poison and other harmful health substances.
3) Decree No. 59 / 1972 Coll., on the Protection of Health from Ionizing Radiation.
4) E.g. ČSN 46 5890 Testing and authorisation of new chemical plant protection products, ČSN 46 5891 Storage of chemical plant protection products, ČSN 83 0915 Objects for the handling and storage of petroleum substances.
5) Sections 2 and 4 (2) (b) of Act No. 130 / 1974 Coll., on State Administration in Water.
6) § 27 of Act No. 138 / 1973 Coll., on Water (Water Act).
7) The notification of an accident under this provision does not replace the notification of an accident under Decree No. 110 / 1975 Coll., on the registration and registration of accidents at work and on the reporting of accidents at work (accidents) and technical equipment failures.
8) Act No. 40 / 1974 Coll., on the National Security Corps.
9) Paragraph 26 (2) of the Water Act.
10) Decree No. 45 / 1966 Coll., on the creation and protection of healthy living conditions.
11) The Directives of the Ministry of Agriculture, Forestry and Aquaculture No 74 916 / 737 / 64- - For the activities of water and sanitation and anti-epidemic services in the provision of emergency conditions and surface water quality, published in the Collection of Directives for National Committees, No 4 / 1965, expired on the date of the entry into force of the Water Act, i.e. 1 April 1975 (Section XV. No 19 of the Notice of 47 of the 1967 Rules).
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Regulation Information
| Citation | Decree of the Ministry of Forestry and Water Management of the Czech Socialist Republic No. 6 / 1977 Coll., on the protection of the quality of surface water and groundwater |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 31.01.1977 |
|---|---|
| Effective from | 01.04.1977 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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