Decree of the Government of the Czechoslovak Socialist Republic No. 91 / 1988 Coll.
Decree of the Government of the Czechoslovak Socialist Republic amending and supplementing the Government of the Czechoslovak Socialist Republic No 35 / 1979 Coll., on payments in water management
Valid
Effective from 01.01.1989
91
GOVERNMENT REGULATION
Czechoslovak Socialist Republic
of 12 May 1988
amending and supplementing the Decree of the Government of the Czechoslovak Socialist Republic No. 35 / 1979 Coll., on water payments
The Government of the Czechoslovak Socialist Republic orders pursuant to § 44 and 45 of Act No. 138 / 1973 Coll., on Water (Water Act):
Decree of the Government of the Czechoslovak Socialist Republic No. 35 / 1979 Coll., on payments in water management, is amended as follows:
1.
The obligation to pay fees shall not apply to withdrawals:
(a) public pipelines;
(b) for the supply of housing or public water pipelines from the establishments of the collecting organisations, provided that they are separately measured;
(c) for the purposes for which the use of drinking water is provided for by specific provisions, (5) if these samples are separately measured; the total quantity of water collected and the amount of water not covered by the obligation to pay the remuneration shall be measured for multi-purpose sampling which cannot be measured separately, shall be determined according to the annual indicative water consumption numbers, 5a)
(d) for the needs of the armed forces of the Czechoslovak Socialist Republic and the armed forces of the Allied Forces in the territory of military escapades,
(e) receiving groundwater not used for the operational purposes of the organisation;
(f) artificial infiltration of surface water, provided that the actual extraction of surface water is subject to payment;
(g) geothermal groundwater for energy use;
(h) in cases where, from a water-based point of view, the use of groundwater as drinking water is not effective as determined by the central water-management authority of the Republic; the individual cases shall be determined by that authority on the basis of proven need and for a limited period of time.
The remuneration is Kčs 2, - for 1 m3 of groundwater taken.
If the receiving organisation is not obliged to measure the water meters, 6) it shall keep a record of the samples and have documentation of their size and time distribution available. Where the sampling organisation does not show by this documentation the quantity of sampling, the payment shall be determined on the basis of the quantity of sampling indicated in the authorisation of the water operator for that collection.
(1) The collecting organisation shall notify the flow manager annually by 31 October of the total quantity of next year's withdrawals, indicating the individual withdrawals (hereinafter referred to as the notification). The notification shall also specify the withdrawals not subject to the obligation to pay the fees referred to in Article 4.
(2) If the withdrawal is authorised after the deadline for notification, the receiving organisation shall submit the notification within two months of the date on which the first withdrawal took place.
(3) The flow manager shall calculate the advance payment for the following year and shall notify its withdrawal organisation by 30 November. The advance payment shall be due by 30 September of the current year.
(4) The collecting organisation shall notify the flow manager by 15 February of the actual amount of withdrawals for the previous year.6)
(5) The flow manager shall calculate the annual remuneration according to the actual quantity of withdrawals and shall charge arrears or overpayments for the previous year by 31 March. Repayments and overpayments shall be due within 15 days of the date of receipt of the bill.
(6) If the collecting organisation fails to pay the payments referred to in paragraphs 3 and 5, it shall be obliged to pay for each day of delay a default fee of 1% of the amount not paid in due time. The same applies to the repayment of the overpayment by the flow manager. '
2. Article 8 (1) reads as follows:
"(1) Organisations which emit waste water into surface water (hereinafter referred to as" discharging organisations ") containing pollution in the indicators listed in Part A of the Annex shall be required to pay for discharges of these waters to controllers of the payment flows according to the amount of pollutants in waste water and to the extent caused by deterioration of water quality in the water stream."
3.
(1) The remuneration for discharges of waste water into surface waters constitutes the basic remuneration and the remuneration premium (hereinafter referred to as the "premium").
(2) Compensation is not payable for discharges of waste water,
(a) in which the quantity of pollutants does not exceed:
| u biochemické spotřeby kyslíku (dále jen „BSK5“) | 3 t/rok, |
| u nerozpuštěných látek | 10 t/rok, |
(b) in which the quantity of undissolved pollutants in tonnes per year is less than 10 times the amount of BSK5 in tonnes per year; payment of the payment for the quantity of BSK5 above the quantity referred to in (a) shall be without prejudice to:
(c) the concentration of pollutants and the quantity of pollutants does not exceed:
| koncentrace znečištění | množství znečišťujících látek | |
| u ropných látek | 5 mg/l | a 1 t/rok, |
| u zjevné acidity nebo alkality | 0,5 mmol/l | a 500 kmol/rok, |
| u rozpuštěných anorganických solí | 1000 mg/l | a 20 t/rok, |
(d) arising from the use of geothermal water resources in agricultural plant production;
(e) in which pollution is equal to or less than the pollution of the surface waters into which waste water is discharged.
(3) No premium
(a) budgetary organisations;
(b) organisations which operate a sewage treatment plant and do not exceed the levels of the water pollution levels permitted by the water authority;
(c) organisations discharge waste water into surface waters other than watercourses.
(4) Where sampling and discharges concern the same water flow, the flow manager shall, at the request of the discharging organisation, take into account the quality of the surface water collected in the calculation of the basic remuneration in the pollution indicator of dissolved inorganic salt and in the calculation of the premium in all pollution indicators.
(5) In cases where the discharging organisation is paying a basic remuneration for pollution in the BSK5 and the oil, the flow manager shall, at its request, deduct from the total amount of BSK5 the share of the oil. '.
4. Article 10 (2) and (3) reads as follows:
"(2) The documentation referred to in paragraph 1 may be used to calculate the basic remuneration if it contains the necessary data, ensures the disposal of discharges in waste waters in a manner consistent with the present state of technical progres7a) and is not more than 2 years of age, unless the construction of the cleaning plant has already been started according to it; However, the documentation of the waste water treatment plant shall only be used if, according to it, it can ensure a reduction in the concentration of waste water pollution below 5 mg / l.
(3) The method of calculating the basic remuneration is laid down in Part B of the Annex. "
5. In Paragraph 10 (6), "mval / l 'is replaced by" mmol / l'.
6.
(1) The amount of the premium depends on the degree of deterioration of water quality in the water flow caused by waste water. The method for calculating the premium is laid down in Part C of the Annex.
(2) At the request of the discharge organisation, the flow manager may adjust the calculated pollution-containing waste water charge in all or only certain pollution indicators, but not more than one tenth for each of the following reasons:
(a) the discharge of residual pollution during waste water treatment;
(b) if the water-management conditions for the use of water flow are improved by discharges of waste water;
(c) where the short-term compensation or levelling of waste water effluent is specific, the equipment or measure carried out for that purpose;
(d) if the technical equipment ensures immediate mixing of discharges of waste water with water flow.
(3) A mark-up of not more than 200% of the basic remuneration may be applied for discharges of waste water into the water or water stream in its pododa8). The mark-up for discharges of waste water into other watercourses may not exceed 100% of the basic remuneration.
(4) A premium shall be set at 20% of the amount calculated in accordance with paragraph 1 and adjusted in accordance with paragraphs 2 and 3 for discharges of waste water from public sewerage installations.
(5) At the request of the discharging organisation of the flow manager, the premium calculated and adjusted in accordance with the preceding paragraphs shall be reduced by half in those cases where the discharging organisation builds a sewage treatment plant or other similar facilities of an investment nature to reduce waste water pollution to the values permitted by the water management authority; such reduced premium shall be valid from the date determined by the flow manager until the planned completion date.
(6) The discharging organisations do not include a premium in the price calculation. "
7. In the introductory sentence of Paragraph 12 (1), "31 August 'is replaced by" 31 October'.
8. in Article 12 (1) (d) and (e):
"(d) the quantity of petroleum substances in mg / l of waste water, in kg per day and in tonnes per year;
(e) the magnitude of apparent acidity or apparent alkalinity in waste water in mmol / l and kmol per day and per year. '
9. In Paragraph 12 (3), the following sentence is added at the end:
"The determination of all pollution indicators shall be carried out from the folded sample after its perfect mixing (homogenised sample). ';
10. in Paragraph 12, paragraph 4 is deleted.
11. in Paragraph 13 (3), the words "until 30 September" are replaced by the words "before 30 November."
12. in Article 13 (5), "31 March" is replaced by "15 February."
13. In Section 15, the words "according to Part Three 'are deleted.
14. The Annex to the Decree of the Government of the Czechoslovak Socialist Republic No. 35 / 1979 Coll., on payments in water management, reads:
"ANNEX
A. Pollution indicators
(a) Organic substances characterised by biochemical oxygen consumption (BSK5), i.e. the amount of oxygen consumed for aerobic biochemical degradation of organic substances contained in water for five days under standard conditions.
(b) Undissolved substances are substances which are determined by water filtration and drying the residue on the filter at 105 ° C to constant weight.
(c) Petroleum substances are extractable from water without polar substances which are separated from the extract in a standardised manner.
d) The apparent alkalinity and apparent acidity are specific cases of water neutralising capacity. Alkality is the ability of some components contained in water to bind strong acids. The apparent alkalinity is the proportion of alkalinity that corresponds to the amount of acid needed to reduce pH to 8,3. Acidity is the ability of some components contained in water to bind strong principles. The apparent acidity is the proportion of acidity that corresponds to the amount of principle needed to increase the pH to 4,5.
(e) Dissolved inorganic salts are substances remaining in the filter of a sample of water after evaporation, drying and burning at 600 ° C to constant weight. The determination of the indicators is performed according to ČSN 83 0540 Chemical and physical analysis of waste water, Part 9 (BSK5), Part 3 (undissolved substances and dissolved salts), Part 4 (petroleum substances) and Part 7 (apparent acidity or apparent alkalinity).
B. Method of calculating the basic remuneration for discharges of waste water into surface water
(a) Calculation of basic remuneration according to the cost of a particular cleaning method (according to documentation)
1. The basic remuneration is the product of the rate and quantity of annual pollution.
2. From the preparatory or project documentation, or from other technical or economic supporting documents, if they can be used as a basis for determining the annual remuneration (Section 10 (2) of the Government Regulation), the rate shall be as a proportion of the annual total own costs of equipment intended to eliminate waste water pollution and the annual amount of pollution removed by the operation of the cleaning plant.
3. Where one treatment plant serves for the treatment of waste water containing pollution in several indicators, the documentation shall include a technically justified distribution of the total own costs according to each pollution indicator; where such distribution is not possible, the rate shall be set only for the determining pollution indicator to be determined by the flow manager.
4. The rates shall be fixed for discharges of waste water with BSK5 pollution indicators, undissolved substances, petroleum substances and dissolved inorganic salts in Kčs per tonne and with pollution indicator apparent acidity or apparent alkalinity in Kčs per kmol.
5. The rates shall be rounded to three decimal places.
(b) Calculation of basic remuneration according to the costs of the generally applicable cleaning method (generally)
1. The amount of the basic remuneration for discharges of waste water with BSK5 pollution indicators and undissolved substances shall be calculated from the following relationships:
- with BSK5 pollution indicator
U = 21,5 × Z0,8265
- with pollution indicator of the undissolved substance
U = 2,34 × Z0,7514
where U is the basic remuneration in 1000 A Z is the amount of pollution subject to payment in tonnes per year
2. The amount of the basic payment for waste water with indicators of oil pollution, dissolved inorganic salts and apparent acidity or apparent alkalinity shall be calculated as the product of the rate referred to in point 3-5 and the amount of annual pollution or the quantity of waste water discharged.
3. The rate for calculating the basic remuneration for discharges of waste water with an oil pollution indicator shall be:
| nad 5 do 10 mg/l | — 1,00 Kčs/m3 |
| nad 10 do 20 mg/l | — 1,50 Kčs/m3 |
| nad 20 do 35 mg/l | — 2,00 Kčs/m3 |
| nad 35 do 50 mg/l | — 2,50 Kčs/m3 |
| nad 50 mg/l | — 3,00 Kčs/m3. |
4. The rate for calculating the basic remuneration for discharges of waste water with an indicator of contamination of dissolved inorganic salt shall be:
| 600,– Kčs/t | při průtoku do 0,01 m3/sec |
| 300,– Kčs/t | při průtoku nad 0,01 m3/sec do 0,1 m3/sec |
| 200,- Kčs/t | při průtoku nad 0,1 m3/sec do 1,0 m3/sec |
| 150,– Kčs/t | při průtoku nad 1,0 m3/sec do 10,0 m3/sec |
| 120,– Kčs/t | při průtoku nad 10,0 m3/sec. |
The flow is understood as the 53-day water flow rate at the waste water discharge site (Q355). If the guaranteed flow rate is higher than the flow rate corresponding to Q355, the calculation shall be based on this higher flow rate.
5. The rate for calculating the basic remuneration for discharges of waste water with an indicator of pollution of apparent acidity or apparent alkalinity is 135, - Ccs / kmol apparent acidity or apparent alkalinity.
C. Method of calculating the premium on basic remuneration
The amount of the premium to the basic remuneration is proportional to the deterioration of water quality in the water flow resulting from the discharge of waste water for which the basic remuneration is paid. The calculation of the premium is based on the pollution balance and Q355. If the guaranteed flow rate is greater than or below the flow rate corresponding to Q355, the calculation shall be based on this higher or lower flow rate.
For waste water with pollution indicators, water quality deterioration units shall:
| a) | BSK5 | 0,25 mg/l |
| b) | nerozpuštěné látky | 0,50 mg/l |
| c) | ropné látky | 0,05 mg/l |
| d) | ropné látky vypouštěné do vodárenských toků a vodních toků v jejich povodí | 0,01 mg/l |
| e) | rozpuštěné anorganické soli | 5,00 mg/l |
| f) | zjevná acidita nebo zjevná alkalita | 0,025 mmol/l. |
The mark-up shall be as many per cent of the basic remuneration as there is a unit of deterioration in the calculated water quality deterioration at the point of waste water discharge. The calculated mark-up shall be rounded to the full percentage.
D. The amount of the basic remuneration and the premium shall be rounded to the whole Kčs. '
The Prime Minister of the Czechoslovak Socialist Republic is hereby authorised to declare in the Collection of Laws the full text of the Decree of the Government of the Czechoslovak Socialist Republic No. 35 / 1979 Coll., on payments in the water economy, as follows from the amendments and additions made by this Regulation.
This Regulation shall enter into force on 1 January 1989.
Strougal v. r.
5) Sections 7 and 8 of the Decree of the Ministry of Health No. 45 / 1966 Coll., on the creation and protection of healthy living conditions.
5a) Decree of the Ministry of Forestry and Water Management of ČSR No. 144 / 1978 Coll., on public water ducts and public sewerage. Decree of the Ministry of Forestry and Water Management of SSR No. 154 / 1978 Coll., on Public Water and Public Sewerage.
6) Decree of the Ministry of Forestry and Water ČSR No. 63 / 1975 Coll., on the obligation of organisations to report on groundwater detection and to report data on their collection. Decree of the Ministry of Forestry and Water Management of the SSR No. 170 / 1975 Coll., on the obligation of organisations to report on groundwater detection and to notify data on their collection.
6a) Decree of the Government of the Czech Republic No. 25 / 1975 Coll. Ordinance of the Government of the SSR No. 30 / 1975 Coll., establishing the parameters for the permissible degree of water pollution.
7a) § 23 paragraphs 1 and 2 of Act No. 138 / 1973 Coll., on Water (Water Act).
8) Decree of the Ministry of Forestry and Water Management of ČSR No. 28 / 1975 Coll., which determines water flows and their water catchment areas and establishes a list of water-relevant watercourses. Decree of the Ministry of Forestry and Water Management of SSR No. 10 / 1977 Coll., which determines water flows and their catchment areas and establishes a list of water-related flows.
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Regulation Information
| Citation | Decree of the Government of the Czechoslovak Socialist Republic No. 91 / 1988 Coll., amending and supplementing the Government of the Czechoslovak Socialist Republic No. 35 / 1979 Coll., on payments in water management |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.06.1988 |
|---|---|
| Effective from | 01.01.1989 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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