Act No. 76 / 2006 Coll.
Act amending Act No. 274 / 2001 Coll., on water and sewage for public use and amending certain laws (Water and Sewerage Act), as amended, and other related laws
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Effective from 15.03.2006
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76
THE LAW
of 3 February 2006
amending Act No. 274 / 2001 Coll., on water and sewage for public use and amending certain laws (Water and Sewerage Act), as amended, and other related laws
Parliament has decided on this law of the Czech Republic:
Amendment of the Water and Sewerage Act
Act No. 274 / 2001 Coll., on water and sewage for public use and on the amendment of certain laws (Water and Sewerage Act), as amended by Act No. 320 / 2002 Coll., Act No. 274 / 2003 Coll., Act No. 20 / 2004 Coll., Act No. 167 / 2004 Coll. and Act No. 127 / 2005 Coll., is amended as follows:
1. Paragraph 1 (3), including footnote 1, reads as follows:
"(3) This Act shall not apply to water ducts and sewerage for which the average daily production is less than 10 m3, or where the number of natural persons permanently using the water duct or sewerage is less than 50, to water ducts for continuous distribution other than drinking water1), and to separate sewerage for the drainage of surface water resulting from precipitation (hereinafter referred to as" withholding water '). Furthermore, this law does not apply to those pipelines and sewerage to which at least 1 customer is not connected.
1) Paragraph 3 (1) of Act No. 258 / 2000 Coll., on the Protection of Public Health and on the amendment of certain related laws, as amended. Decree No. 252 / 2004 Coll., laying down the hygiene requirements for drinking and hot water and the frequency and scope of the control of drinking water, as amended by Decree No. 187 / 2005 Coll. '.
2. In Article 1 (4), the reference to footnote 1 is deleted.
3. footnote 2 shall read:
"2) § 55 paragraph 1 (c) of Act No. 254 / 2001 Coll., on Water and on the Amendment of Certain Laws (Water Act), as amended by Act No. 20 / 2004 Coll. '.
4. Paragraph 2 (2), including footnote 3, reads:
"(2) The sewerage is an operationally separate set of structures and equipment including sewerage sewerage for the disposal of waste water (3), together with waste water or separate waste water and sewerage water, sewerage facilities, sewage treatment plants, sewage treatment plants, as well as waste water treatment buildings before discharge into the sewerage. If waste water and precipitation water are taken out together, it is a unified sewer. If the waste water is removed separately and the precipitation water is taken separately, it is a separate sewer. The sewer is a waterworks.
3) § 38 of Act No. 254 / 2001 Coll., as amended by Act No. 20 / 2004 Coll. '
5. Paragraph 2 (3), including footnote 3a, reads:
"(3) The operation of ducts or sewerage is a summary of activities to ensure the supply of drinking water or the removal and treatment of waste water. This includes, in particular, compliance with the technological procedures for the collection, treatment and transport of drinking water, including handling, removal, treatment and discharge of waste water, compliance with the operating or handling timetables (3a), management of operational documentation, operational and invoicing measurements, supervision of the operation of water ducts and sewerage, preparation of documentation for the calculation of the price for water and bilge and other related activities; it is not water and sewage management or their development.
3a) § 59 paragraph 2 of Act No. 254 / 2001 Coll. § 4 paragraph 3 of Act No. 258 / 2000 Coll., as amended by Act No. 274 / 2003 Coll. '
6. Paragraph 2 (4) reads as follows:
"(4) The water or sewage operator (hereinafter referred to as" the operator ') shall be the person who operates the water or sewage and holds the permit to operate that water or sewage system issued by the Regional Authority pursuant to Article 6.';
7. In Article 2, paragraphs 6 and 7 are added:
"(6) The internal water supply line is a pipeline designed for the distribution of water by land or construction, which follows to the end of the water supply connection. The internal water supply is not a water part.
(7) Internal drainage is a pipeline designed to drain waste water and, where appropriate, precipitation water from the site or construction to the point of connection to the sewer connection. Internal drainage is not a water part. "
8. In Paragraph 3 (8), the word "Community 'is replaced by the words" Municipal Office'.
9. The following Section 3a is inserted after Section 3:
(1) In the case where land or buildings connected to the water pipeline or sewerage are divided into 2 or more parcels registered in the land register with different owners, these owners may establish new connections.
(2) Where connections and internal water supply lines or internal sewerage of distributed land or buildings have the technical characteristics of an operationally related water pipeline or sewerage, the Water Authority shall decide to change the water supply or sewage connection and parts of the internal water supply or internal sewerage to the water supply or sewerage operationally related. The Water Authority shall seek the opinion of the competent construction office for the purpose of taking a decision under this paragraph.
(3) The building authority shall decide to change part of the internal water duct or internal sewage to a water or sewage connection. ';
10. Paragraph 4 (2), including footnotes 7 and 7a, reads as follows:
"(2) When preparing a draft water supply and sewerage development plan, the processor shall base its development plan on a large territorial unit, processed under a special law (7) and the relevant river basin management plan (7a), provided that they are processed and approved for the territory concerned.
7) Section 9 of Act No. 50 / 1976 Coll., on Territorial Planning and Construction Regulations (Construction Act), as amended by Act No. 83 / 1998 Coll.
7a) § 25 of Act No. 254 / 2001 Coll., as amended by Act No. 20 / 2004 Coll. '
11. in the first sentence of Article 4 (3), the words "the competent river basin manager" shall be inserted after the words "the Ministry."
12. In the first sentence of Article 4 (6), the words "and update 'shall be inserted after the words" and update' and the words "and update 'shall be inserted after the words" approval of the amendment'.
13. in Article 4 (7), the word "legislation9)" shall be replaced by the words "legislation9) and the river basin management plan under the specific legislation 7a)" and the words "and regions" shall be inserted after the word "municipalities."
14. in Article 5 (2), the words "pursuant to the Special Act (11)" shall be replaced by the words "under the Specific Legislation (3a)."
15. footnote 11 shall be deleted;
16. in Paragraph 5 (3), "31 January" is replaced by "28 February."
17. in Article 5 (4), "31 March" is replaced by "30 April."
18. in Article 6 (2) (c):
"(c) itself, or its responsible representative, shall satisfy the qualifications required for the operation of the pipelines or sewerage for which the operating permit is issued, in accordance with the property register maintained in accordance with Article 5 (1), depending on the number of natural persons permanently using such ducts or sewerage:
1. secondary education with a graduate examination in the field of water and sewage education or in the related field and has at least 4 years of experience in water and sewage, where there are no more than 5 000 natural persons permanently using such water or sewage;
2. undergraduate education in an accredited water and sewerage programme and has at least 2 years of experience in the water and sewage sectors, where more than 5 000 natural persons are permanently using such ducts or sewerage. ';
19. Paragraph 6 (3) reads:
"(3) The Regional Authority shall not issue an authorisation for the operation of a water duct or sewerage unless otherwise provided for in this Law, unless:
(a) the permit for the operation of the water duct or sewerage which is the subject of an application for authorisation has been issued to another person;
(b) an authorisation for the operation of a water duct or sewage system is sought by a person who has cancelled the authorisation for the operation of a water duct or sewage system in accordance with paragraph 9; or
(c) the prior authorisation for the operation of the water duct or sewerage which is the subject of an application for authorisation has been revoked in accordance with paragraph 9 (b) and the reason for the cancellation of the prior authorisation has not been removed. ';
20. In Article 6, the following paragraph 4 is inserted after paragraph 3:
"(4) In the cases referred to in paragraph 3 (b) or (c), the Regional Authority may issue a permit for the operation of a pipeline or sewage system only with the prior approval of the Ministry. ';
Paragraphs 4 to 11 shall be renumbered paragraphs 5 to 12.
21. In Article 6 (5), the words "the name and / or the names, surnames, date of birth and the address of the place of permanent residence of the person or his representative referred to in paragraph 2 (c) (a)" shall be inserted after the words "shall be inserted."
22. in Article 6 (6) and (7):
"(6) Without complying with the condition referred to in paragraph 2 (a), the Regional Authority shall issue an authorisation for the operation of a water duct or sewage system to municipalities or organisational units of the State which do not operate a water duct or sewerage for the purpose of making profits.
(7) The Regional Authority shall, by decision, revoke the authorisation to operate a water duct or sewage system where the operator no longer fulfils the conditions for the authorisation to operate a water duct or sewage system referred to in paragraph 2 (a), (b) or (c). The Regional Authority shall inform the Ministry and the competent trade office without delay of the revocation of the permit to operate the water duct or sewerage. ';
23. in Article 6, the following paragraph 8 is inserted after paragraph 7:
"(8) The Regional Authority shall, by decision, amend the authorisation to operate the water duct or sewerage if the list of water ducts or sewerage for which the permit to operate the water duct or sewerage has been issued is changed or if the person responsible for the operator changes. ';
Paragraphs 8 to 12 shall be renumbered paragraphs 9 to 13.
24. in Article 6, paragraphs 9 to 11, including footnote 12a, read:
"(9) By decision, the Ministry shall revoke the authorisation for the operation of the water duct or sewerage where:
(a) the operator repeatedly does not comply with or infringes the provisions of this law or special legislation12a, despite prior warnings by the Ministry; or
(b) a technical audit (§ 38) identified serious deficiencies;
The competent regional authority and the competent trade office shall immediately inform the cancellation of the authorisation.
(10) The Regional Authority shall immediately inform the Ministry of the issue of the authorisation to operate the water duct or sewerage and the amendment thereof.
(11) The Ministry sets out by decree the application for authorisation to operate a water duct or sewerage and a further definition of the concept related to the water duct and sewerage sector.
12a) For example, Act No. 254 / 2001 Coll., as amended, Act No. 258 / 2000 Coll., as amended. '
25. in the first sentence of Article 8 (3), the words "or parts thereof which are interconnected" shall be inserted after the words "related," and in the second sentence, the words "competent authority of water law" shall be replaced by "Ministry."
26. In Paragraph 8, the following paragraph 4 is inserted after paragraph 3:
"(4) Owners of water pipelines or sewerage installations, as well as owners of water lines, water supply facilities, sewerage and sewerage facilities connected to the operation shall be obliged to allow the connection of the water supply or sewerage of another owner, provided that the capacity and other technical requirements permit. At the same time, the owners of these pipelines and sewerage shall conclude a written agreement in accordance with paragraph 3. The possibility of connection shall not be subject to the requirement of fees or other financial transactions. The costs of the connection of the water duct or sewerage shall be borne by the owner to whom the connection of the water duct or sewerage is permitted. ';
Paragraphs 4 to 12 shall be renumbered paragraphs 5 to 13.
27th Paragraph 8 (5) reads:
"(5) The owner of the water duct or sewerage or, where the operator is empowered to do so, the operator shall be obliged to allow connection to the water duct or sewerage, if the capacity and other technical requirements so permit. The possibility of connection shall not be subject to the requirement of fees or other financial transactions. The costs of the connection of the water supply connection or the sewage connection to the water supply or drainage shall be borne by the owner to whom the connection of the water supply or drainage is permitted, unless otherwise agreed. ';
28. In the first sentence of Article 8 (6), the words "or, where the owner is empowered to do so, the operator" shall be inserted after the words "The owner of the pipeline or sewerage."
29. in Article 8 (7), "5" is replaced by "6."
30. In Article 8, the following paragraphs 11 and 12 are inserted after paragraph 10:
"(11) The owner of a water duct or sewage system shall process and implement a plan for the financing of the recovery of water pipelines or sewerage for at least 10 calendar years. The content of the financing plan for the recovery of water ducts and sewerage, including the rules for its processing, shall be laid down in implementing legislation.
(12) The owner of the pipeline or sewerage shall provide information on the technical condition of its ducts or sewerage on request within the time limit set in the Ministry's invitation. The owner or, where applicable, the builder of new pipelines or sewerage or the owner of renewed ducts or sewerage shall, upon request, provide the Ministry with the project documentation of the new or renewed ducts or sewerage, including a specification of the cost of their construction or renewal, within the time limit set in the invitation to the Ministry. The evaluation of the data received shall be authorised by the Ministry to publish. ';
Paragraphs 11 to 13 shall be renumbered paragraphs 13 to 15.
31. In the third sentence of Article 8 (13), the word "price" shall be replaced by "payment" and at the end of the paragraph the sentence "Right of payment of the fixed component of the water shall be added to the contract concluded in accordance with paragraph 6, in which a two-component form of water is negotiated and, where appropriate, on the date of application of the generally binding municipal decree issued under the separate jurisdiction of the municipality or by a decision of the supreme authority of the legal entity which is the owner of the water ducts and seweries referred to in Article 20 (4)."
32. in the third sentence of Article 8 (14), the word "price" shall be replaced by "payment" and at the end of the paragraph, the sentence "Right of payment of the fixed component of the bill shall be added, under the conditions laid down in the contract concluded in accordance with paragraph 6, in which the two-component form of the bill of sale is agreed and, where appropriate, on the date of application of the generally binding decree of the municipality, issued under the separate jurisdiction of the municipality or by the decision of the supreme body of the legal person who owns the water ducts and seweries referred to in paragraph 20 (4)."
33. In the second sentence of Article 9 (5), the word "territorial" shall be inserted after the word "territorial," the words "fire protection units and municipalities" shall be replaced by the words "operational centre of the fire brigade and the municipalities concerned," and at the end of the paragraph the sentence "This obligation shall not apply to the interruption or limitation of water supply only by a water connection accident."
34. in Article 9 (6) (c), the word "connection" shall be replaced by the words "water meter, connection" and the words "pursuant to Article 8 (5)" shall be replaced by "pursuant to Article 8 (6)."
35. in Article 9, paragraph 12 is added, including footnote 17a:
"(12) An operator shall provide on request, within a time limit set by the Ministry, with data relating to the technical condition of the water duct or sewerage which it operates, with data on the operating costs incurred and price calculation data according to the pricing regulations 17a) for the aqueous and tawdry pursuant to § 29 (3) (c), including the structure of cost items. The evaluation of the data received shall be authorised by the Ministry to publish.
17a) Act No. 526 / 1990 Coll., on Prices, as amended. '.
36. in Article 10 (1) (b), the word "written" shall be inserted after the word "closed."
37. in Article 10 (2) (a), the word "written" shall be inserted after the word "closed."
38. In Article 10 (3), the words "or sewerage 'shall be inserted after the word" water duct'.
39. In Paragraph 11, the sentence "If the pipeline is the only source for the supply of fire water, it shall comply with the fire protection requirements to ensure the collection of water to extinguish fire, if technically possible. '
40. In Article 13 (1), the words "its transport to the establishment 'are replaced by the words" its own adaptation'.
41. in Paragraph 13 (2), the word 'Regulations 18)' is replaced by 'Regulations 1)';
(42) footnote 18 is deleted.
43. In Article 13 (3), the words "in prescribed form" shall be inserted after the words "the total results of the raw water analyses" and at the end of the paragraph the sentence "The regional authorities shall transmit the total results of the raw water analyses to the Ministry by 30 April each year."
44. in Paragraph 13 (4), the word "poji19)" shall be replaced by "poji7a";
(45) footnote 19 is deleted.
46. in Article 14 (1), the word "Regulation (18)" is replaced by "Regulation (1)."
47. In Paragraph 14 (3), after the first sentence, the sentence "The Sewerage Code shall be inserted:" The owner of the sewerage is obliged to submit for approval to the Water Authority prior to the submission of the proposal for the housebuilding of the sewerage. "
48. in Article 15 (3), the words "(§ 9 (6))" shall be replaced by the words "Article 9 (5) and (6)."
49.Paragraph 16 (1) reads:
"(1) The quantity of water supplied shall be measured by the operator by a water meter, which shall be determined by a measuring instrument in accordance with specific legislation21). A different method of determining the quantity of water delivered may be determined in justified cases only by the owner of the tap or, where the owner is empowered to do so, by the owner, with the consent of the customer. The watermeter of the quantity of water delivered or the quantity of water delivered by other means shall be the basis for billing the supply (invoicing) of the water. '
50. In Article 16, the following paragraph 4 is inserted after paragraph 3:
"(4) The collector shall have the right, at his own expense, to obtain a metrological test of the water meter at the installation site by an independent measuring device connected to the turn with a closure behind the installed water meter on the pipeline of the internal water duct before its first distribution. This test will be carried out in the presence of a water duct operator on the basis of a contract with the customer of the Czech Metrology Institute, if the internal water pipeline allows. If a derogation is found to be greater than that permitted by the specific legislature21), the water meter shall be considered to be inoperable and the amount of water supplied to settle any claim shall be determined in accordance with Paragraph 17 (4) (a). ';
Paragraphs 4 and 5 shall become paragraphs 5 and 6.
51. in the fourth sentence of Article 17 (3), the words "authorised testing centres" shall be replaced by the words "body authorised to carry out state metrological inspection of measuring instruments."
52nd Paragraph 17 (4) (a) reads as follows:
"(a) the particulars of the water meter do not comply with any of the requirements laid down in specific legislation21), the water meter is considered to be inoperable; In this case, the quantity of water delivered shall be determined on the basis of actual collection during the same period of the year preceding the period covered by the claim or the application for a water meter check. In the event that such data are not available or are manifestly questionable, the quantity of water delivered shall be determined on the basis of subsequent sampling during the same period of the year or according to the indicative water consumption numbers and in accordance with paragraph 6, unless the operator agrees otherwise with the customer, '.
53.Paragraph 17 (4) (c) reads as follows:
"(c) the validity of the verification of the water meter under the special legislature21 is no longer valid, the water meter is considered to be inoperable; the quantity of water delivered shall be determined in the event of a customer's disagreement in accordance with the procedure referred to in point (a); ';
54. in Article 17 (4), the following point (d) is added:
"(d) the water-meter is inoperative, the costs associated with its replacement and the operator's examination shall be met.";
55. In Article 17, the following paragraph 6 is inserted after paragraph 5:
"(6) In the event of a complaint pursuant to Article 16 (4) and a settlement resulting from the findings referred to in paragraphs 4 and 5, the period from the last actual reading of the water meter prior to the actual reading of the water meter on the basis of which the water meter was exchanged to the date of the change of the water meter related to the claim or the request for its examination shall be considered as settlement period. ';
Paragraphs 6 to 8 shall be renumbered paragraphs 7 to 9.
56. in Article 19 (4) (a):
"(a) the data of the measuring device deviate from the fact more than the technical regulation of that measuring device, the measuring device being considered to be inoperative; in this case, the costs associated with the replacement and checking of the measuring equipment shall be borne by the customer; ';
57. In Paragraph 19, the following paragraph 8 is inserted after paragraph 7:
"(8) The calculation of the differences from non-functional measurements according to the result of the examination of the measuring device shall be made from the deduction preceding the deduction which was the reason for the application for the examination of the measuring device. ';
Paragraphs 8 and 9 shall be renumbered paragraphs 9 and 10.
58. in Paragraph 20 (2), the word "Regulation 23)" is replaced by "Regulation 17a)."
(59) In Article 20 (3), the word "Regulation (23)" is replaced by "Regulation (17a)" and the word "Regulation (23)" is replaced by "Regulation (17a)."
60. footnote 23 is deleted.
61.Paragraph 20 (6) reads:
"(6) The obligation to pay for the collection of withholding water into the sewerage for public use shall not apply to areas of motorways, roads, local roads and special-purpose communications (15) publicly accessible, areas of national and regional runways, including fixed installations needed to ensure the safety and continuity of railway transport, zoos and real estate areas for permanent housing and households. ';
62. In Paragraph 20 (8), the words "water and sewage including the price per m3 of drinking water delivered or the waste water delivered 'are replaced by the words" prices for water and bilge water'.
63. In Paragraph 21, the current text becomes paragraph 1 and the following paragraph 2 is added:
"(2) In the event of a crisis, operators shall, upon request, inform the Ministry and the crisis management authorities of the state of supply of drinking water. '
64.In Paragraph 22 (2):
"(2) The public service obligation may be imposed on an operator with the necessary conditions to ensure it; This obligation arises by decision of the competent public authority (§ 26 to 28). The decision shall be given for a fixed period of not more than 6 months. The appeal against this decision shall not have suspensory effect. '.
65.In Paragraph 22 (3), the words "administrative authority 'are replaced by the words" public authority' and the words "administrative authority 'are replaced by the words" public authority'.
66. In Article 23, at the end of paragraph 3, the dot is replaced by a comma and the following point (c) is added:
"(c) in the case of water lines or sewers with a diameter of more than 200 mm, the bottom of which is stored at a depth of more than 2,5 m below the treated surface, the distance referred to in (a) or (b) from the outer face shall be increased by 1,0 m. ';
Article 67 (26) reads:
(1) Municipality under separate scope
(a) ensure the development of water ducts and sewerage, adequate to the needs of the municipality, by ensuring that it is incorporated into a binding part of the local planning documentation of the municipality in accordance with the Water and Sewerage Development Plan;
(b) issue generally binding regulations in cases provided for by this Act (§ 9 (11), § 20 (4)).
(2) The municipal authorities in the delegation shall decide:
(a) the public service obligations provided for in Article 22 in the territory of the municipality, where the municipality is not an operator,
(b) imposing an obligation to join sewerage pursuant to Article 3 (8). "
68. Paragraph 28 (2) reads as follows:
"(2) Regional authorities in the delegation
(a) authorise the operation of a pipeline or sewerage in the territory of the region pursuant to Article 6;
(b) grant exemption pursuant to Article 13 (2),
(c) transmit the overall results of raw water analyses to the Ministry in accordance with Paragraph 13 (3);
(d) decide on the public service obligations provided for in Article 22 if the water pipeline or sewerage is situated in the territory of several administrative districts of the municipalities with extended competence. "
Article 69 (29) reads:
(1) Ministry
(a) is, for the purposes of this Act, an appeal body for decisions given by the Regional Office at first instance;
(b) ensure that plans are drawn up to improve the quality of raw water, including timetable for their implementation;
(c) ensure the development of a water pipeline and sewerage plan for the territory of the State;
(d) discuss and register proposed changes and updates of water supply and sewage plans for regional and national territories;
(e) provide international cooperation in the water and sewage sectors;
(f) keep a list of technical auditors;
(g) declare the technical audit.
(2) In addition, the Ministry's competence is to regulate the water supply and sewage sector, protect consumers and promote competition in the natural monopoly environment, to meet the requirements for the supply of drinking water, drainage and treatment of waste water, including costs, to ensure the supervision of the processing and implementation of water recovery plans and sewerage and to provide objective information from the water supply and sewage sector to the public.
(3) The Ministry shall, within its competence under paragraph 2, decide:
(a) the revocation of the authorisation to operate water pipelines and sewerage pursuant to Article 6 (9);
(b) rules on the breakdown of items in the calculation of the price for aqueous and tapered goods, including the structure of cost items, for the purpose of comparing the prices referred to in paragraph 4 (c);
(c) the arrangements for the mutual rights and obligations of owners of operationally related water pipelines and sewerage, unless a written agreement is reached between them pursuant to Article 8 (3);
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Regulation Information
| Citation | Act No. 76 / 2006 Coll., amending Act No. 274 / 2001 Coll., on Water and Sewerage for Public Use, and amending certain laws (Water and Sewerage Act), as amended, and other related laws |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.03.2006 |
|---|---|
| Effective from | 15.03.2006 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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