DECREE NO 7,217, DE June 21, 2010.

Regulates the Act no 11,445, of 5 million January 2007, which sets national guidelines for basic sanitation, and gives other arrangements.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignments conferring you the art. 84, incisos IV and VI, point?a?, of the Constitution, and in view of the provisions of the Act No 11,445 of January 5, 2007,

DECRETA:

Ttitle I

DAS PRELIMINARY PROVISIONS

CHAPTER I

DO OBJECT

Art. 1º This Decree sets standards for the implementation of Law No 11,445 of January 5, 2007.

CHAPTER II

DAS DEFINITIONS

Art. 2º For the purposes of this Decree, consider:

I-planning: the activities reaching identification, qualification, quantification, organization and guidance of all actions, both public and private, by means of which the public service must be provided or put to the disposal in an appropriate manner ;

II-regulation: any and any act that discipline or organize certain public service, including its characteristics, quality standards, socio-environmental impact, rights and obligations of users and those responsible for their offer or provision and fixation and revision of the value of tariffs and other public prices, to achieve the goals of the art. 27 ;

III-supervision: follow-up activities, monitoring, control, or evaluation, in the sense of ensuring compliance with standards and regulations edited by public power and the use, effective or potential, of the public service ;

IV-regulation entity: regulator or regulator: regulatory agency, public consortium of regulation, regulatory authority, regulator, or any other body or entity of public law that possessions own powers of a regulatory nature, decision-making independence and does not accumulate services provider functions regulated ;

V-provision of public sanitation service: activity, accompanied or non-execution of works, aimed at enabling users access to public sanitation service with characteristics and quality standards determined by legislation, planning or regulation ;

VI-social control: set of mechanisms and procedures that guarantee the information society, technical representations and participation in policy formulation, planning and evaluation processes related to public sanitation services ;

VII-holder: the person of the Federation who has jurisdiction for the provision of public service of sanitation ;

VIII-public service provider: the organ or entity, including company:

a) of the holder, to which the law has assigned jurisdiction to provide public service ; or

(b) to which the holder has delegated the provision of the services, observed the provisions of the art. 10 of Law No 11,445, 2007 ;

IX-associated management: voluntary association of federated ones, by cooperation convention or public consortium, as willing in art. 241 of the Constitution ;

X-regionalized provision: the one where a single provider meets two or more holders, with uniformity of supervision and regulation of services, inclusive of their remuneration, and with schedule compatibility ;

XI-public sanitation services: set up of public waste handling services solid, urban cleaning, water supply, sanitary depletion and drainage and rainwater manhandling, as well as infrastructure intended exclusively for each of these services ;

XII-universalization: progressive extension of access for all households occupied with sanitation basic ;

XIII-grants: economic instrument of social policy to enable maintenance and continuity of public service with a goal of universalizing access to basic sanitation, especially for low-income populations and localities ;

XIV-direct subsidies: when intended for certain users ;

XV-indirect subsidies: when intended for the provider of public services ;

XVI-internal subsidies: those granted within the territorial scope of each holder ;

XVII-grants between localities: those granted in the hypotheses of associated management and provision regional ;

XVIII-tariff subsidies: when they integrate the tariff structure ;

XIX-tax subsidies: when they arise from the allocation of budget resources, including by means of of grants ;

XX-locality of small size: villas, rural clusters, populated, nuclei, lugarejos and villages, so defined by the Brazilian Institute of Geography and Statistical-IBGE ;

XXI-warning: user-driven information by the service provider, with proven receipt, which aims to notify the interruption of the provision of services ;

XXII-communication: information addressed to users and the regulator, including by means of vehiculation in print or electronic media ;

XXIII-drinking water: water for human consumption whose microbiological, physical and meet the standard of potability set by the Ministry of Health standards ;

XXIV-water supply system: installation composed of joint infrastructure, works civilians, materials and equipment, intended for the production and the channelled distribution of drinking water for populations, under the responsibility of the Public Power ;

XXV-individual solutions: all and whatever alternative sanitation solutions that meet to only one unit of consumption ;

XXVI-urban permanent building: construction of non-transitional character, intended to shelter human activity ;

XXVII-predial link: water derivation of the distribution network or interconnection with the system of collection of sewage by means of facilities settled on the public track or on private property until the predial installation ;

XXVIII-efficiency steps: effluent quality parameters, in order to reach out progressively, by means of the improvement of treatment systems and processes, the care for the classes of water bodies ; and

XXIX-progressive goals of water bodies: unfolding of the framing in goals of intermediate water quality for receptor bodies, with pre-established schedule, in order to reach the final framework goal.

§ 1º Do not constitute public service:

I-the sanitation actions performed through individual solutions, as long as the user does not depend on third parties to operate the services ; and

II-the shares and services of basic sanitation of private liability, including the manejo of waste of responsibility from the generator.

§ 2º Stay in exception of the provisions of § 1º:

I-the solution that meets small condos or localities, in the manner provided for in § 1st of the art. 10 of Law No 11,445, 2007 ; and

II-septic cessation and other individual sanitary depletion solutions, when awarded to the Public power the responsibility for their operation, control or discipline, in the terms of the specific standard.

§ 3º For the purposes of the inciso VIII of the caput, they also consider themselves to be the public service providers of solid waste handling the associations or cooperatives, formed by low-income physical persons recognized by the Public Power as pickers of recyclable materials, which run collection, processing and marketing of solid waste recyclable or reusable urban.

CHAPTER III

DOS PUBLIC SANITATION SERVICES

Section I

Das General Provisions

Art. 3º Public sanitation services have essential nature and will be provided on the basis of the following principles:

I-universalization of access ;

II-completeness, understood as the set of all the activities and components of each of the diverse basic sanitation services, providing the population with access to the compliance of their needs and maximizing the effectiveness of actions and results ;

III-water supply, sanitary depletion, urban cleaning, solid waste handling and rainwater handling carried out in ways appropriate to public health and the protection of the environment ;

IV-availability, in all urban areas, of public water-water manejo services suitable for public health and the safety of life and public and private heritage ;

V-adoption of methods, techniques and processes that consider local and regional peculiarities, no endaner public health and promote the rational use of energy, conservation and rationalization of water use and other natural resources ;

VI-articulation with the policies of urban and regional development, of housing, of combat to poverty and its eradication, environmental protection, water resources, health promotion and other relevant social interest aimed at improving the quality of life, for which sanitation is a determining factor ;

VII-efficiency and economic sustainability ;

VIII-utilization of appropriate technologies, considering the payment capacity of users and the adoption of gradual and progressive solutions ;

IX-transparency of actions, based on information systems and decision-making processes institutionalized ;

X-social control ;

XI-safety, quality and regularity ; and

XII-integration of infrastructure and services with the efficient management of water resources.

Section II

Of the Public Water Supply Services

Art. 4º Consider public water supply services for their distribution by predial connection, including possible measuring instruments, as well as, when linked to this purpose, the following activities:

I-gross water reservoir ;

II-caption ;

III-gross water fertilization ;

IV-water treatment ;

V-treated water fertilization ; and

VI-reservoir of treated water.

Art. 5º The Ministry of Health will define the parameters and standards of water potability, as well as establish the procedures and responsibilities for the control and surveillance of water quality for human consumption.

§ 1º The responsibility of the public service provider with regard to the control of the water quality is without prejudice to monitoring the quality of water for human consumption by the public health authority.

§ 2º Water supply service providers must inform and guide the population on the procedures to be adopted in the event of emergency situations that offer risk to public health, met the guidelines laid down by the competent authority.

Art. 6º The cases provided for in the standards of the holder, the regulation and environment entity, every urban permanent edification will be connected to the public water supply network available.

§ 1º In the absence of public water supply networks, individual solutions will be admitted, observed the standards edited by the regulator and the bodies responsible for environmental, health and water resources policies.

§ 2º The standards for regulation of services will be able to provide a deadline for the user to connect to the network public, preferably not superior to ninety days.

§ 3º Elapsed within the time limit provided for in § 2nd, if fixed in the standards for regulation of services, the shall be subject to the penalties provided for in the law of the holder.

§ 4º Poor grants are to be adopted to enable connection, including intradomiciliar, of the low-income users.

Art. 7º The predial hydraulic installation connected to the public water supply network no can be also fuelled by other sources.

§ 1º Understand as being the predial hydraulic installation mentioned in the caput the network or tubulation of water that goes from the provider's water connection to the user's water tank.

§ 2º The legislation and regulation standards will be able to provide for administrative penalties for those who infringe the willing in the caput.

§ 3º The provisions of § 2nd does not exclude the possibility of the adoption of administrative measures to make cease irregularity, as well as civil accountability in the case of water contamination of public networks or the user itself.

§ 4º Will be admitted to predial hydraulic installations with a goal of effluent gathering or use of rainwater, provided that duly authorized by the competent authority.

Art. 8º The remuneration for the provision of public water supply services may be fixed on the basis of the volume consumed of water, and may be progressive, on the basis of consumption.

§ 1º The volume of water consumed is to be measured, preferably by means of measurement individualized, taking into account each of the units, even when situated in the same edification.

§ 2º Stay in excess of the provisions of § 1st, among others provided for in the legislation, the situations in which the infrastructure of the buildings do not allow individualisation of consumption or where the absorption of costs for installation of the individual meters is economically unviable for the user.

Section III

Of Public Depletion Public Services

Art. 9º Consider public health exhaustion services the services consisting of one or more of the following activities:

I-collection, including predial connection, of sanitary sewers ;

II-transportation of sanitary sewers ;

III-treatment of sanitary exhausts ; and

IV-final provision of sanitary sewers and slips originating in the operation of units of collective or individual treatment, including septic fossas.

§ 1º For the purposes of this article, legislation and regulation standards will be able to consider how sanitary sewers also industrial effluents whose characteristics are similar to those in household sewage.

§ 2º The legislation and regulation standards will be able to provide for penalties in the face of launches of rainwater or sewerage not compatible with the sanitary wastewater network.

Art. 10. The remuneration for the provision of public health exhaustion services may be fixed on the basis of the volume of water collected by the water supply service.

Art. 11. Exceeded the cases provided for in the standards of the holder, the regulation and environment entity, every urban permanent edification will be connected to the public health exhaustion network available.

§ 1º In the absence of public health exhaustion network will be admitted individual solutions, observed the standards edited by the regulator and the bodies responsible for environmental, health and water resources policies.

§ 2º The standards for regulation of services will be able to provide a deadline for the user to connect the network public, preferably not superior to ninety days.

§ 3º Elapsed within the time limit provided for in § 2nd, if fixed in the standards for regulation of services, the shall be subject to the penalties provided for in the law of the holder.

§ 4º Poor grants are to be adopted to enable connection, including intradomiciliar, of the low-income users.

Section IV

Of Urban Solid Waste Manar Public Services

Art. 12. Public waste handling services of solid waste are considered the collection and transshipment activities, transport, screening for the purposes of reuse or recycling, treatment, including by composting, and final disposal of:

I-household waste ;

II-waste originating from commercial, industrial and service activities, in quantity and quality similar to those of domestic waste, which, by decision of the holder, is considered municipal solid waste, provided that such waste is not the responsibility of its generator under the legal or administrative, decision-making standard judicial or term of adjustment of conduct ; and

III-waste originating in public urban public cleaning services, such as:

a) scanner services, capin, roving, poda, and correlates activities in lanes and lograders public ;

b) the astic of tunnels, staircase, monuments, shelters and public toilets ;

c) scraping and removal of land, sand and any materials deposited by the rainwater in public lograders ;

d) unobstruction and cleaning of buzzers, wolf mouths and correports ; and

e) cleaning up public lograders where public fairs and other access events take place opened to the public.

Art. 13. Basic sanitation plans should contain prescriptions for handling municipal solid waste, in particular from those originating in construction and demolition and health services, in addition to the waste referred to in art 12.

Art. 14. Remuneration for the provision of public service for municipal solid waste handling should take into account the appropriate destination of the collected waste as well as may consider:

I-level of income of the population of the serviced area ;

II-characteristics of urban lots and areas in them edified ;

III-weight or average volume collected per inhabitant or per domicile ; or

IV-economic mechanisms of encouraging the minimization of waste generation and recovery of the waste generated.

Section V

Of Urban Rainwater Handling Services

Art. 15. Public handling services of urban rainwater consist of those consisting of one or more of the following activities:

I-urban drainage ;

II-transportation of urban rainwater ;

III-detention or retention of urban rainwater for damping of flood leaks, and

IV-treatment and final disposal of urban rainwater.

Art. 16. The collection by the provision of the public urban rainwater handling service should take into account, in each urban lot, the percentage of impermeabilized area and the existence of damping or retention devices of rainwater, well as you may consider:

I-level of income of the population of the serviced area ; and

II-characteristics of urban lots and the areas that can be edited in them.

Section VI

Of Interruption of Services

Art. 17. The provision of public sanitation services shall comply with the principle of continuity, and may be interrupted by the provider in the hypotheses of:

I-situations that achieve the safety of people and goods, especially those of emergency and those that put at risk the health of the population or workers of the basic sanitation services ;

II-improper manipulation, by the user, of the predial link, including meter, or any another component of the public network ; or

III-need to make repairs, modifications, or improvements to systems through scheduled interruptions.

§ 1º Water supply services, in addition to the hypotheses provided for in the caput, may be interrupted by the provider, after notice to the user, with proof of receipt and minimum advance notice of thirty days of the scheduled date for the suspension, in the following cases:

I-negative user in allowing for the installation of consumed water reading device ; or

II-inadimpletion by the user of the payment due to the provision of the supply service of water.

§ 2º The scheduled interruptions will be previously communicated to the regulator and users on time established in the regulation standard, which preferentially will be more than forty-eight hours.

§ 3º The interruption or restriction of the supply of water for default to establishments of health, educational institutions and collective internation of people and the low-income residential user recipient of social fare should comply with deadlines and criteria that preserve minimum conditions of maintaining people's health achieved.

CHAPTER IV

DA RELATIONSHIP OF PUBLIC SANITATION SERVICES

WITH WATER RESOURCES

Art. 18. Water resources do not integrate public sanitation services.

Single Paragraph. The provision of public sanitation services is to be carried out on the basis of the sustainable use of water resources.

Art. 19. The basic sanitation plans should be compatible with the water resources plans of the river basins in which Municipalities are inserted.

Art. 20. The use of water resources in the provision of public sanitation services, including for disposal or dilution of sewage and other liquid waste, is subject to the right of use.

Art. 21. In critical situation of scarcity or contamination of water resources that will oblige the adoption of rationing, declared by the water resources manager authority, the regulator will be able to adopt contingency tariff mechanisms, with a goal of cover additional costs arising, ensuring the financial balance of service delivery and demand management.

Single Paragraph. The contingency fee, if adopted, will preferably focus on consumers who exceed the limits set out in the rationing.

CHAPTER V

DO ENVIRONMENTAL LICENSING

Art. 22. Environmental licensing of sanitary sewage and effluent treatment units generated in water treatment processes will consider efficiency steps in order to progressively achieve the standards defined by environmental legislation and the of the classes of receptor water bodies.

§ 1º The deployment of effluent treatment efficiency steps will be established in function of the payment capacity of the users.

§ 2º The competent environmental authority will establish streamlined licensing procedures for the activities to which the caput refers, depending on the size of the units and the expected environmental impacts.

§ 3º For the fulfillment of the caput, the competent environmental authority will establish progressive targets for the effluent quality of sanitary sewage treatment units to meet the standards of the class of receptor water bodies, from the present levels of treatment, of the available technology and considering the capacity of payment of the users involved.

§ 4º The National Environment Council and the National Board of Water Resources will edit, in the scope of their respective competences, standards for compliance with the provisions of this article.

Ttitle II

DAS GUIDELINES FOR PUBLIC SANITATION SERVICES

CHAPTER I

DO EXERCISE OF TITLE

Art. 23. The service holder will formulate the respective public policy on sanitation, and should, for so much:

I-draw up the basic sanitation plans, observed the cooperation of representative associations and of the broad participation of the population and representative associations of various segments of the society, as provided for in art. 2nd, inciso II, of Law No 10,257 of July 10, 2001 ;

II-directly provide the services or authorize their delegation ;

III-define the person responsible for its regulation and supervision, as well as the procedures of his acting ;

IV-adopt parameters for the guarantee of the essential care to public health ;

V-fix the rights and duties of users ;

VI-establish mechanisms of participation and social control ; and

VII-establish system of information on services, articulated with the National System of Information at Sanitation-SINISA.

§ 1º The holder may, by indication of the regulatory body, intervene and resume the provision of the delegated services at the hypotheses provided for in the legal, regulatory or contr

§ 2º Includes between the parameters mentioned in the inciso IV of the caput the minimum per capita volume of water for public supply, observed national standards on water potability.

§ 3º To the Single Health System-SUS, through its steering and social control organs, competes in the formulation of the policy and execution of the basic sanitation actions, through the basic sanitation

CHAPTER II

DO SCHEDULE

Art. 24. The process of planning the basic sanitation involves:

I-the basic sanitation plan, drawn up by the holder ;

II-the National Plan for Basic Sanitation-PNSB, drawn up by the Union ; and

III-the regional basic sanitation plans drawn up by the Union pursuant to the inciso II of the art. 52 of the Act No. 11,445, 2007.

§ 1º The planning of public sanitation services will meet the principle of solidarity between the Federation's ents, and may develop by federative cooperation.

§ 2º The regional plan may encompass only part of the territory of the Federation's ente that the elaborate.

Art. 25. The provision of public sanitation services will observe plan edited by the holder, who will meet the provisions of the art. 19 and which will cover, at the very least:

I-diagnosis of the situation and their impacts on living conditions, using system of health, epidemiological, environmental, including hydrological, and socioeconomic indicators and pointing out the causes of the detected deficiencies ;

II-short, medium and long term goals, with the aim of achieving universal access to the services, admission of gradual and progressive solutions and observed compatibility with the other setorial plans ;

III-programs, projects and actions required to achieve the goals and goals, in a way compatible with the respective multiannual plans and other governmental plans correlated, identifying possible sources of funding ;

IV-actions for situations of emergencies and contingencies ; and

V-mechanisms and procedures for systematic evaluation of the efficiency and effectiveness of actions scheduled.

§ 1º The basic sanitation plan should cover water supply services, sanitary depletion, solid waste manhandling, urban cleaning and rainwater manhandling, and the holder may, at its discretion, draw up specific plans for one or more of these services.

§ 2º The consolidation and compatibilisation of the specific plans shall be made by the holder, including by means of public consortium of which it participes.

§ 3º The basic sanitation plan, or the eventual specific plan, can be drawn up by technical or financial support provided by other members of the Federation, by the service provider or by university institutions or scientific research, guaranteed the participation of the communities, movements and entities of civil society.

§ 4º The basic sanitation plan will be reviewed periodically, within a period of not more than four years, previously on the drafting of the multiannual plan.

§ 5º The provisions in the basic sanitation plan are binding on the Public Power that elaborated and for the representatives of public sanitation services.

§ 6º To meet the provisions of § 1st of the art. 22, the plan should identify the situations in which there is no payment capacity of the users and indicate solution to achieve universalization targets.

§ 7º The basic sanitation service delegation will observe the plan for sanitation or in the eventual specific plan.

§ 8º In the case of services rendered upon contract, the provisions of basic sanitation plan, of any specific plan of service or of its revisions, when after contracting, will only be effective in relation to the provider upon preservation of the economic-financial balance.

§ 9º The basic sanitation plan should fully encompass the territory of the holder.

§ 10. The holders will be able to draw up, together, specific plan for a particular service, or to refer to only part of their territory.

§ 11. The basic sanitation plans should be compatible with the provisions of the hydrographic basin plans.

Art. 26. The elaboration and revision of the basic sanitation plans should take effect, in order to ensure the broad participation of communities, movements and entities of civil society by means of procedure which, at the very least, should provide for stages from:

I-disclosure, in conjunction with the studies that substantiate them ;

II-receipt of suggestions and reviews by means of consultation or public hearing ; and

III-when provided for in the legislation of the holder, analysis and opinion by collegiate body created in terms of the art. 47 of the Act No. 11,445, 2007.

§ 1º The disclosure of the proposals of the basic sanitation plans and the studies that substantiate them will give itself by means of the full provision of its content to all stakeholders, including through the worldwide network of computers-internet and by public hearing.

§ 2º As of the financial year 2014, the existence of basic sanitation plan, worked out by the service holder, will be a condition for access to Union budget resources or funding resources managed or administered by the federal public administration's body or entity, when intended for services of sanitation

CHAPTER III

DA REGULATION

Section I

Of The Regulation Objectives

Art. 27. Are objectives of regulation:

I-set standards and standards for the proper provision of services and for the satisfaction of users ;

II-ensure compliance with established conditions and targets ;

III-prevent and crack down on the abuse of economic power, ressaved the competence of the organs integral members of the national system of competition advocacy ; and

IV-set tariffs and other public prices that ensure both the economic and financial balance of contracts, on tariff modicity and other public prices, upon mechanisms that induce the efficiency and effectiveness of services and enable social appropriation of productivity gains.

Single Paragraph. They understand themselves in the regulation activities of sanitation services the interpretation and setting of criteria for the implementation of contracts and services and for correct administration of subsidies.

Section II

Of The Regulation Function Exercise

Subsection I

Das General Provisions

Art. 28. The exercise of the regulation function will meet the following principles:

I-decision-making independence, including administrative, budgetary and financial autonomy of the regulation entity ; and

II-transparency, technicality, expediency and objectivity of decisions.

Subsection II

Das Regulation Standards

Art. 29. Each of the public sanitation services can possess specific regulation.

Art. 30. The standards for regulation of services will be edited:

I-by legislation of the holder, as far as it is concerned:

a) to the rights and obligations of users and providers, as well as to the penalties to which they will be subjects ; and

(b) to the procedures and criteria for the performance of the regulatory and supervisory entities ; and

II-by regulation entity standard, as far as technical, economic and social dimensions of the provision of services, which will cover at least the following aspects:

a) standards and quality indicators of the provision of services ;

b) deadline for service providers to communicate to users the providences adopted in face of complaints or complaints relating to services ;

c) operational and maintenance requirements of systems ;

d) progressive expansion and quality of services targets and their deadlines ;

e) regime, structure and tariff levels, as well as procedures and deadlines of their fixation, readjustment and revision ;

f) measurement, billing, and collection of services ;

g) monitoring of costs ;

h) evaluation of the efficiency and effectiveness of the services provided ;

i) plan of accounts and mechanisms of information, auditing and certification ;

j) tariff and non-tariff subsidies ;

k) standards of audience service and mechanisms of participation and information ; and

l) measures of contingencies and emergencies, including rationing.

§ 1º In case of associated management or regionalized provision of services, holders will be able to adopt the same economic, social and technical criteria of regulation in the whole area of association or provision.

§ 2º The regulation entity should institute rules and system structuring criteria accounting and the respective account plan, so as to ensure that the appropriation and distribution of costs of the services are in accordance with the guidelines set out in the Act No. 11,445 of 2007.

Subsection III

Of The Organs and the Regulation Entities

Art. 31. The administrative activities of regulation, including organization, and of surveillance of basic sanitation services can be carried out by the holder:

I-directly, upon organ or entity of your direct or indirect administration, inclusive public consortium of which participation ; or

II-upon delegation, by means of cooperation convention, the organ or entity of another one of the Federation or the public consortium of which it does not participate, instituted for associate management of public services.

§ 1º The exercise of administrative activities for regulation of public sanitation services basic may be either by public consortium constituted for that purpose or be delegated by the holders, explaining, in the act of delegation, the term of delegation, the form of acting and the comprehension of the activities to be performed by the parties involved.

§ 2º Supervisory Entities should receive and conclusively express themselves on the claims that, the judgment of the person concerned, have not been sufficiently met by the service providers.

Art. 32. Public sanitation service providers should provide the regulation entity with all the data and information necessary for the performance of their activities.

Single Paragraph. These include between the data and information referred to in the caput those produced by companies or contractors hired to perform services or provide materials and equipment.

Subsection IV

From the Publication of Regulation Acts

Art. 33. Advertisements, studies, decisions and equivalent instruments that refer to regulation or supervision of services, as well as the rights and duties of users and providers, should be provided to them, to them may have access to either of the people, regardless of the existence of direct interest.

§ 1º Excludes the provisions in the caput the documents considered to be classified in the interest of interest relevant public, subject to prior and motivated decision.

§ 2º The advertising referred to in the caput should preferably take effect by way of site held on the internet.

CHAPTER IV

DO SOCIAL CONTROLE

Art. 34. The social control of public sanitation services can be instituted upon adoption, among others, of the following mechanisms:

I-public debates and audiences ;

II-public consultations ;

III-conferences of cities ; or

IV-participation of high school bodies of advisory character in the formulation of sanitation policy basic as well as in its planning and evaluation.

§ 1º The public hearings mentioned in the inciso I of the caput must take place in a manner that enabling population access, and can be carried out in a regionalised manner.

§ 2º Public consultations should be promoted in such a way as to make it possible for any of the people, regardless of interest, offer criticism and suggestions to proposals from the Public Power, and should such consultations be adequately answered.

§ 3º In the collegiate bodies mentioned in the inciso IV of the caput, the participation of representatives:

I-of the holders of services ;

II-of governmental bodies related to the basic sanitation sector ;

III-of public service providers of basic sanitation ;

IV-of the users of basic sanitation services ; and

V-from technical entities, civil society organizations and consumer protection related to the basic sanitation sector

§ 4º The functions and competencies of the collegiate bodies to which the inciso IV of the caput refers can be exercised by another already existing collegiate body, with due adaptations of the legislation.

§ 5º It is assured of the social control collegiate bodies the access to any documents and information produced by regulation or regulatory bodies or entities, as well as the possibility to request the elaboration of studies with the aim of subsidizing decision-making, observed the provisions of § 1st of the art. 33.

§ 6º Will be vetoed, from the financial year 2014, access to federal resources or to the managed or managed by the Union body or entity, when intended for basic sanitation services, to those holders of public sanitation services that do not institute, by means of specific legislation, the social control carried out per collegiate organ, in the terms of the inciso IV of the caput.

Art. 35. States and the Union will be able to adopt the tools of social control provided for in art. 34.

§ 1º The delegation of the exercise of competencies will not harm social control over activities delegated or related to them.

§ 2º In the case of the Union, the social control referred to in the caput shall be exercised under the terms of the Medida Provisional No 2,220 of September 4, 2001, amended by Law No 10,683 of May 28, 2003.

Art. 36. They are assured to users of public sanitation services, in accordance with legal, regulatory and contractual standards:

I-knowledge of your rights and duties and the penalties to which you may be subject ; and

II-access:

a) the information on the services provided ;

b) to the service delivery and user service manual, drawn up by the provider and approved by the respective regulation entity ; and

c) to the periodic report on the quality of the provision of services.

Art. 37. The collection document concerning remuneration for the provision of basic sanitation services to the end user should

I-explain items and costs of the services defined by the regulation entity, so as to allow their direct control by the end user ; and

II-contain monthly information on the quality of water delivered to consumers, in compliance to the inciso I of the art. 5th of the Annex to Decree No 5,440 of May 4, 2005.

Single Paragraph. The regulation entity of the services will institute collection document model for the actuation of the forecast in the caput and its incision.

CHAPTER V

DA DELIVERY OF SERVICES

Section I

Das General Provisions

Art. 38. The holder will be able to provide the basic sanitation services:

I-directly, by means of the organ of its direct administration or by municipality, public company or mixed-economy society that integrates its indirect administration, provided that it contracs third parties, in the Act of Law No 8,666 of June 21, 1993 for certain activities ;

II-in a contractor way:

a) indirectly, upon concession or permission, always preceded by bidding in the modality public competition, in the Act of Law No 8,987 of February 13, 1995 ; or

(b) within the associated management of public services, upon contract of programme authorized by public consortium contract or by convention of cooperation between federates, under the Law on Law No 11,107 of April 6, 2005 ; or

III-in the terms of the law of the holder, upon authorization to users organized in cooperatives or associations, in the scheme provided for in art. 10, § 1st, of the Act No. 11,445, 2007, provided that the services are limited to:

a) given condominic ; or

b) locality of small size, predominantly occupied by low-income population, where others forms of delivery present incompatible operating and maintenance costs with the payment capacity of the users.

Single Paragraph. The authorisation provided for in inciso III should provide for the obligation to transfer to the holder the goods linked to the services by means of a specific term, with the respective technical cadasters.

Section II

Of Provision Upon Contract

Subsection I

Of Contract Validity Conditions

Art. 39. They are conditions of validity of contracts that have per object the provision of public sanitation services:

I-existence of basic sanitation plan ;

II-existence of study proving the technical and economic feasibility-financial viability of the provision universal and integral of services, in accordance with the respective basic sanitation plan ;

III-existence of regulation standards that provide for the means for the fulfilment of the guidelines of the Law No 11,445 of 2007, including the designation of the regulation and surveillance entity ; and

IV-prior holding of hearing and public consultation on the author of tender and on the minuta of contract, in the case of concession or program contract.

§ 1º For the purposes of the incisos I and II of the caput, specific plans will be admitted when the hiring is relative to the service the provision of which will be contracted, without prejudice to the provision in § 2nd of the art. 25.

§ 2º It is condition of validity for the conclusion of concession and program contracts whose objects are the proviso of basic sanitation services that the standards mentioned in the inciso III of the caput preview:

I-authorisation for the hiring of services, indicating the respective deadlines and the area to be serviced ;

II-inclusion, in the contract, of the progressive and gradual targets of expansion of services, of quality, efficiency and rational use of water, energy and other natural resources, in accordance with the services to be provided ;

III-action priorities, compatible with the established goals ;

IV-hypotheses of intervention and resumption of services ;

V-conditions of sustainability and economic balance-financial performance of the provision of services, in efficiency regimen, including:

a) system of charging and composition of fees, tariffs and other public prices ;

b) systematic of readjustments and revisions of fees, tariffs and other public prices ; and

c) policy of subsidies ; and

VI-mechanisms of social control in the activities of planning, regulation and surveillance of the services.

§ 3º Investment plans and projects relating to the contract should be compatible with the relevant sanitation plan.

§ 4º The Ministry of Cities will foster the elaboration of technical standard to serve as a reference in elaboration of the planned studies in the inciso II of the caput.

§ 5º The feasibility mentioned in the inciso II of the caput can be demonstrated upon measurement of the need to dock other resources in addition to the emerging of service delivery.

§ 6º The provisions of the caput and its incision shall not apply to contracts concluded on the basis of the inciso IV of the art. 24 of the Act No. 8,666, 1993, whose object is the provision of any of the basic sanitation services.

Subsection II

Of The Necessary Clauses

Art. 40. They are necessary clauses of the contracts for the provision of basic sanitation service, in addition to the indispensable ones to meet the provisions of the Act No 11,445 of 2007, those provided for:

I-no art. 13 of the Act No. 11,107, 2005, in the case of program contract ;

II-no art. 23 of the Act No. 8,987, 1995, as well as those provided in the tender edition, in the case of concession contract ; and

III-no art. 55 of the Act No. 8,666, from 1993, in the other cases.

Section III

Of Regionalized Provision

Art. 41. The hiring of regionalized provision of basic sanitation services will give us in the terms of compatible contracts, or by means of a public consortium representing all the contracting holders.

Single Paragraph. They should integrate the public consortium mentioned in the caput all those of the Federation participating in the associated management, and may still integrate it with the one of the Federation whose body or entity comes, per contract, to act as the provider of the services.

Art. 42. In the regionalized provision of public sanitation services, regulation and surveillance activities will be able to be exercised:

I-by the governing body or entity of the Federation to which the holders have delegated the exercise of these competencies by means of cooperation convention between federated ones, obeyed art. 241 of the Constitution ; or

II-by public public law consortium integrated by the holders of services.

Art. 43. The regionalized sanitation service will be able to comply with the basic sanitation plan drawn up by the set of Municipalities met.

Section IV

From the Public Sanitation Public Services Articulation Contract

Art. 44. The activities described in this Decree as members of a same public sanitation service can have different providers.

§ 1º Atendides to the legislation of the holder and, in the event that the provider does not integrate the administration of the holder, the contract provisions of delegation of the services, the providers mentioned in the caput shall enter into contract with each other with clauses establishing at least:

I-the activities or contractual inputs ;

II-the reciprocal conditions and guarantees of supply and access to activities or inputs ;

III-the term of duration, compatible with the needs for amortization of investments, and the chances of its extension ;

IV-the procedures for the deployment, magnification, improvement and operational management of the activities ;

V-the rules for the fixation, the re-adjustment and the revision of the fees, tariffs and other public prices applicable to the contract ;

VI-the conditions and guarantees of payment ;

VII-sub-rogated rights and duties or those who authorize the sub-rogation ;

VIII-the chances of extinction, inadmission of the amendment and unilateral administrative termination ;

IX-the penalties to which they are subject to the parties in the event of inadimpletion ; and

X-the designation of the organ or entity responsible for the regulation and surveillance of activities or contractual inputs.

§ 2º The regulation and surveillance of the object activities of the contract mentioned in § 1st will be performed by single organ or entity, which will define, at least:

I-technical standards concerning the quality, quantity and regularity of the services provided to the users and among the different providers involved ;

II-economic and financial standards relating to tariffs, subsidies and payments by services provided to users and between the different providers involved ;

III-guarantee of payment of services provided between the different providers of the services ;

IV-mechanisms for payment of differences concerning the inadimpletion of users, losses commercial and physical and other due credits, when it is the case ; and

V-specific accounting system for the providers acting in more than one Municipality.

§ 3º Includes between the guarantees provided for in the incision VI of § 1st the obligation of the contractor to highlight, in the collection documents to users, the value of the remuneration of the services provided by the contractor and to carry out the respective collection and delivery of the collected values.

§ 4º In the case of execution upon concession of the activities referred to in the caput, they should note of the written correspondent for bidding the rules and the values of the tariffs and other public prices to be paid to the other providers, as well as the obligation and form of payment.

CHAPTER VI

OF ECONOMIC AND FINANCIAL ASPECTS

Section I

Of Economic Sustainability-Financial of Services

Art. 45. Public sanitation services will have economic-financial sustainability assured, where possible, upon remuneration that allows for recovery of the costs of services provided in efficiency arrangements:

I-of water supply and sanitary depletion: preferentially in the form of tariffs and other public prices, which may be set for each of the services or for both jointly ;

II-of urban cleaning and urban solid waste handling: rates or tariffs and other prices public, in accordance with the provision of service scheme or its activities ; and

III-of urban rainwater manejo: in the form of tributes, including fees, in compliance with the provision of the service or its activities.

Section II

Of Remuneration by Services

Art. 46. The institution of fees or fees and other public prices will observe the following guidelines:

I-priority for service of essential functions related to public health ;

II-magnification of citizen access and low-income localities to services ;

III-generation of resources required for realisation of investments, aiming at compliance with goals and objectives of the schedule ;

IV-inhibition of superflue consumption and waste of resources ;

V-recovery of costs incurred in the provision of the service, in efficiency arrangements ;

VI-adequate remuneration of the capital invested by the contractors of the contracted services ;

VII-stimulation to the use of modern and efficient technologies, compatible with the required levels of quality, continuity and security in the provison of services ; and

VIII-encouragement of the efficiency of service providers.

Single Paragraph. Tariff and non-tariff subsidies can be adopted for users and localities that do not have sufficient payment capacity or economic scale to cover the full cost of services.

Art. 47. The remuneration and collection structure of services may take into consideration the following factors:

I-payment capacity of consumers ;

II-minimum amount of consumption or use of the service, aiming at the guarantee of objectives social, such as the preservation of public health, the proper care of lower income users and the protection of the environment ;

III-minimum cost required for availability of the service in adequate quantity and quality ;

IV-categories of users, distributed by strips or increasing amounts of use or of consumer ;

V-significant cycles of increased demand for services, in distinct periods ; and

VI-usage patterns or of quality defined by regulation.

Art. 48. Provided that it is provided for in the regulation standards, large users will be able to negotiate their tariffs with the service provider, upon specific contract, earlier heard the organ or entity of regulation and surveillance.

Section III

From the Readjustment and Revision of Fees and Other Public Prices

Subsection I

Das General Provisions

Art. 49. The tariffs and other public prices will be fixed in a clear and objective manner, and the readjustments and revisions will be made public at minimum thirty days in advance with respect to their application.

Subsection II

From the Readjustments

Art. 50. The readjustments of tariffs and other public prices for public sanitation services will be carried out by observing the minimum range of twelve months, in accordance with legal, regulatory and contractual standards.

Subsection III

From Reviews

Art. 51. The revisions will understand the re-evaluation of the conditions of the provision of services and tariffs and other public prices practiced and may be:

I-periodic, objecting to the ascertaining and distribution of productivity gains with the users and the re-evaluation of market conditions ; or

II-extraordinary, when it occurs to the occurrence of facts not provided for in the contract, outside the control of the service provider, which change its economic and economic balance.

§ 1º The tariff revisions will have their tariffs defined by the regulation entities, ears the holders, users and service providers.

§ 2º Power-induction tariff mechanisms shall be established, including factors of productivity, as well as anticipation of expansion goals and quality of services.

§ 3º The productivity factors can be defined based on indicators from other companies of the sector.

§ 4º The regulation entity will be able to authorize the service provider to pass on to users costs and tax charges not originally planned and by it not administered, under the Act No. 8,987 of 1995.

Section IV

From the Patrimonial Counter Regime

Art. 52. The values invested in reversible goods by the service providers, provided that they do not integrate the administration of the holder, shall constitute claims before the holder, to be recovered upon exploitation of the services.

§ 1º The relevant legislation to the company by shares and accounting standards, including those provided for in the Law No 11,638 of December 28, 2007, shall be observed, in what couber, when of the ascertaining and accounting for the values mentioned in the caput.

§ 2º It shall not generate credit before the holder the investments made without burden for the provider, such as those arising from the legal requirement applicable to the implantation of real estate ventures and those arising from grants or voluntary tax transfers.

§ 3º The investments realized, amortized values, depreciation and their respective balances shall annually be audited and certified by the organ or entity of regulation.

§ 4º Credits arising from duly certified investments will be able to constitute guarantee of loans, intended exclusively for investments in the sanitation systems object of the respective contract.

§ 5º Providers acting in more than one Municipality or providing public services of different basic sanitation in an even Municipality will maintain accounting system that allows to register and demonstrate, separately, the costs and revenues of each service in each of the Municipalities met and, if applicable, in the Federal District.

Ttitle III

OF THE FEDERAL POLITICS OF SANITATION

CHAPTER I

DOS OBJECTIVES

Art. 53. The Federal Basic Sanitation Policy is the set of plans, programs, projects and actions promoted by federal bodies and entities, either in isolation or in cooperation with other Federation personnel, or with private individuals, with the goals of:

I-contribute to the national development, the reduction of regional inequalities, the generation of employment and income and social inclusion ;

II-prioritize deployment and broadening of services and actions of basic sanitation in the areas occupied by low-income populations ;

III-provide adequate conditions of environmental health to rural and small populations isolated urban nuclei ;

IV-provide adequate conditions of environmental salubrity to indigenous peoples and others traditional populations, with solutions compatible with their sociocultural characteristics ;

V-ensure that the implementation of the financial resources administered by the Public Power will give second criteria for promotion of environmental health, maximization of benefit ratio-cost and higher social return ;

VI-encourage the adoption of mechanisms for planning, regulation and monitoring of the provision of sanitation services ;

VII-promote managerial alternatives that enable the economic and financial self-sustaining of the sanitation services, with an emphasis on federative cooperation

VIII-promoting the institutional development of basic sanitation by establishing means for the unity and articulation of the actions of the different actors as well as the development of their organization, technical, managerial, financial and human resources capability, contemplated local specificities ;

IX-foster scientific and technological development, the adoption of appropriate technologies and the dissemination of the knowledge generated of interest to sanitation ; and

X-minimizing the environmental impacts related to the deployment and development of the actions, works and basic sanitation services and ensure that they are carried out in accordance with the standards on the protection of the environment, the use and occupation of soil and health.

CHAPTER II

DAS GUIDELINES

Art. 54. Are guidelines of the Federal Policy on Basic Sanitation:

I-priority for actions that promote social and territorial equity in access to sanitation basic ;

II-implementation of the financial resources administered by it, so as to promote development sustainable, efficiency and effectiveness ;

III-stimulation of the establishment of appropriate regulation of services ;

IV-use of epidemiological indicators and social development in planning, implementation and assessment of your basic sanitation

V-improvement in quality of life and environmental and public health conditions ;

VI-collaboration for urban and regional development ;

VII-guarantee of adequate means for the care of the dispersed rural population, including by the use of solutions compatible with their peculiar economic and social characteristics ;

VIII-foster scientific and technological development, the adoption of appropriate technologies and the dissemination of the knowledge generated ;

IX-adoption of eligibility criteria of eligibility and priority, taking into consideration factors as level of income and coverage, degree of urbanization, population concentration, water availability, health risks, epidemiological and environmental hazards ;

X-adoption of the hydrographic basin as a reference unit for the planning of its actions ; and

XI-stimulation of the deployment of common infrastructure and services to Municipalities, upon mechanisms of cooperation between federates.

Single Paragraph. The Union's policies and actions of urban and regional development, housing, combat and eradication of poverty, environmental protection, health promotion and other relevant social interest aimed at improving the quality of life they should consider the necessary articulation with basic sanitation, including with regard to financing.

CHAPTER III

DO FUNDING

Section I

Das General Provisions

Art. 55. The allocation of federal public resources and financing with Union resources or with resources managed or operated by Union bodies or entities will be made in accordance with the basic and conditioned sanitation plans:

I-to the observance of the willing in the arts. 9th, and their incisos, 48 and 49 of Law No 11,445, 2007 ;

II-within the range of minimum indices of:

a) the performance of the provider in the technical, economic and financial management of the services ; and

b) efficiency and effectiveness of services, over the business life of the venture ;

III-to the proper operation and maintenance of the ventures previously financed with resources mentioned in the caput ; and

IV-to the effective implementation of water loss reduction programme in the supply system of water, without prejudice to access to services by the low-income population, when resources are directed to water catering systems.

§ 1º The fulfillment of the willing on the caput and its incisos is a condition for any entity of law public or private:

I-receive voluntary transfers from the Union intended for basic sanitation actions ;

II-celebrate contract, convenger or other congenital instrument linked to sanitation actions basic with federal organs or entities ; and

III-access, for application in basic sanitation actions, direct fund resources or indirectly under the control, management or operation of the Union, in particular the resources of the Service Time Guarantee Fund-FGTS and the Amparo Fund to Worker-FAT.

§ 2º The requirement laid down in point?a? of the inciso II of the caput does not apply to the resource destination for institutional development programs of the public sanitation service operator.

§ 3º The minimum performance indices of the provider provided for in point (?)a? of the inciso II of the caput, as well as those used for the ferition of the appropriate operation and maintenance of ventures provided for in the inciso III of the caput should consider characteristic aspects of the respective regions.

Section II

Of the Union's non-Onerous Resources

Art. 56. The Union's non-onerous resources, for grant of basic sanitation actions promoted by the rest of the Federation will always be transferred to the Municipalities, to the Federal District, to the States or to the public consortia of which mentioned above.

§ 1º The willing in the caput will not hurt that the Union applies budget resources in programmes or federal actions with the aim of providing or offering technical assistance services to other Federation personnel.

§ 2º It is vetoed to implement Union budget resources in the administration, operation and maintenance of public sanitation services unmanaged by the federal body or entity, save for a specified time in situations of imminent risk to public health and the environment.

§ 3º In the application of non-onerous resources of the Union, priority will be given to actions and endeavors that target the service of users or Municipalities that do not have payment capacity compliant with the economic and financial self-sustaining of the services and the actions aimed at promoting the appropriate environmental health conditions to the indigenous peoples and other traditional populations.

§ 4º For the purposes of § 3rd, the verification of the compatibility of the payment capacity of the Municipalities with the economic-financial self-sustaining of services will be carried out by applying the criteria set out in the PNSB.

CHAPTER IV

DOS SANITATION PLANS OF THE UNION

Section I

Das General Provisions

Art. 57. The Union shall draw up, under the coordination of the Ministry of Cities:

I-the National Plan for Basic Sanitation-PNSB ; and

II-regional plans for sanitation.

§ 1º The plans mentioned in the caput:

I-will be elaborated and reviewed always with twenty-year horizon ;

II-will be evaluated annually ;

III-will be reviewed every four years, by the end of the first quarter of the year of elaboration of the multiannual plan of the Union ; and

IV-should be compatible with the provisions of the water resources plans, including the Plan National Water Resources and basin plans.

§ 2º The federal bodies and entities shall cooperate with the holders or consortia for them constituted in drafting the basic sanitation plans

Section II

From Procedure

Art. 58. The PNSB will be drawn up and revised by procedure with the following phases:

I-diagnosis ;

II-proposal formulation ;

III-disclosure and debates ;

IV-prior appreciation by the National Councils for Health, Environment, Water Resources and the Cities ;

V-appreciation and deliberation by the Minister of State for Cities ;

VI-forward of the proposal for a decree, pursuant to the legislation ; and

VII-assessment of the results and impacts of their implementation.

Art. 59. The National Environmental Sanitation Secretary of the Ministry of Cities will provide studies on the environmental health situation in the Country, characterizing and evaluating:

I-environmental salubrity situation in the national territory, by river basins and by Municipalities, using system of health, epidemiological, environmental and socioeconomic indicators, as well as pointing out the causes of the detected deficiencies, including the conditions for access and quality of the provision of each of the services public sanitation ;

II-demand and need for investments for universalization of access to each of the services of basic sanitation in each catchment area and in each Municipality ; and

III-federal programs and actions in sanitation and the other relevant policies in the conditions of environmental health, including the transfer and guarantee actions of income and those funded with FGTS or FAT resources.

§ 1º The studies mentioned in the caput should refer to urban and rural sanitation, including the indigenous areas and traditional populations.

§ 2º The diagnosis should cover the water supply, sanitary depletion, the manhandling of solid waste and rainwater maneuvering, or be specific for each service.

§ 3º In the diagnosis, studies that inform basic sanitation plans may be harnished drawn up by other Federation ones.

§ 4º The studies on the diagnostic phase are public and access to all, regardless of demonstration of interest, and shall be published in their entirety on the internet for the period of at least forty-eight months.

Art. 60. Based on the diagnostic studies, a proposal will be drawn up of PNSB, with broad participation in this process of communities, movements and entities of organised civil society, which will contain:

I-targets and national, regional and per-basin basin, short, medium and long deadlines, for the universalisation of basic sanitation services and the reach of increasing levels of environmental salubrity in the national territory, observed compatibility with the Union's other public plans and policies ;

II-guidelines and guidelines for the equation of nature-conditioners political-institutional, legal and legal, economic-financial, administrative, cultural and technological that influences in achieving the goals and objectives set ;

III-programs, projects and actions required to achieve the goals and goals of the Policy Basic Sanitation Federal, with identification of the respective sources of funding ;

IV-mechanisms and procedures, including numerical indicators, for systematic evaluation of efficiency and effectiveness of scheduled actions ;

V-actions of the Union on sanitation in the indigenous areas, in the extractive reserves of the Union and in the kilomballs communities ;

VI-guidelines for planning for basic sanitation actions in areas of special interest tourist ; and

VII-proposal for revision of sector competencies of the various federal bodies and entities that act in environmental sanitation, aiming to streamline governmental performance.

Single Paragraph. The plan proposal should cover water supply, sanitary depletion, solid waste handling, rainwater manhandling and other basic sanitation actions of interest for the improvement of environmental health, including the flooring of toilets and hydrossanitary units for low-income populations.

Art. 61. The proposal for a plan or its review, as well as the studies that substantiate it, should be published in full on the internet, in addition to dissemination through the holding of public hearings and public consultation.

Single Paragraph. The holding of public hearings and public consultation will be disciplined by instruction of the Minister of State for Cities.

Art. 62. The proposal of either the PNSB or its review, with the modifications carried out in the dissemination and debate phase, will be forwarded initially for consideration of the National Councils of Health, Environment and Water Resources.

§ 1º The appreciation will be simultaneous and should be carried out within thirty days.

§ 2º Elapsed within the time limit mentioned in § 1st, the proposal shall be submitted to the Council of Cities for appraisal.

Art. 63. After the consideration and deliberation by the Minister of State for Cities, the proposed decree will be forwarded under the legislation.

Art. 64. The PNSB is to be evaluated annually by the Ministry of Cities, in relation to the fulfilment of the established objectives and targets, the expected results and the verified impacts.

§ 1º The assessment referred to in the caput should be made on the basis of the monitoring indicators, of result and of impact provided in the plans themselves.

§ 2º The evaluation will integrate the diagnosis and serve as a basis for the formulation process of plan proposal for the subsequent period.

Section III

Of Regional Plans

Art. 65. The regional plans for sanitation, drawn up and implemented in articulation with the States, Federal District and Municipalities involved will be drawn up by the Union for:

I-the integrated regions of economic development ; and

II-the regions in which there is the participation of the federal body or entity in the provision of service sanitation public

§ 1º The regional plans for basic sanitation, in what couber, will meet the same procedure predicted for the PNSB, disciplined in this Decree.

§ 2º In substitution to the stage provided for in the inciso IV of the art. 58, the proposed regional sanitation plan will be approved by all the Federation's loved ones directly involved, after the oiving of their respective environmental, health, and water resources councils.

CHAPTER V

DO NATIONAL SYSTEM OF INFORMATION IN SANITATION-SINISA

Art. 66. To SINISA, instituted by art. 53 of the Act No 11,445, 2007, competes:

I-collect and systematize data on the conditions of the provision of public services of sanitation ;

II-make available statistics, indicators and other relevant information for characterization of the demand and supply of public sanitation services ;

III-enable and facilitate the monitoring and evaluation of the efficiency and effectiveness of the provision of sanitation services ; and

IV-enable and facilitate the evaluation of the results and impacts of the plans and actions of sanitation

§ 1º SINISA information is public and accessible to all, regardless of demonstration of interest, and should be published via the internet.

§ 2º The SINISA is to be developed and implemented in a manner articulated to the National System of Information in Water Resources-SNIRH and the National System of Information in Environment-SINIMA.

Art. 67. The SINISA will be organized upon instruction from the Minister of State for Cities, to which it will further compete for the establishment of the guidelines to be observed by the holders in complying with the provisions of the inciso VI of the art. 9th of Law No 11,445, 2007, and by the other participants.

§ 1º SINISA should incorporate integral monitoring, results and impact indicators of the PNSB and the regional plans.

§ 2º The Ministry of Cities will support holders, providers, and service regulators public sanitation public in organizing information systems in basic sanitation articulated

CHAPTER VI

DO DIFFUSE ACCESS TO WATER FOR THE LOW INCOME POPULATION

Art. 68. The Union shall support the dispersed rural population and the population of small urban nuclei isolated in containment, reservoir and use of rainwater for human consumption and for the production of food intended for self-consumption, specific that meets the following:

I-use of traditional social technologies, originated from the practices of populations interested, especially in the construction of streamlined cisterns and dams ; and

II-support for the production of equipment, especially cisterns, regardless of the situation funeral of the area used by the beneficial family or the site where the equipment is to be located.

§ 1º In the event that the reserved water is intended for human consumption, the federal organ or entity responsible for the program will officiate the municipal health authority, communicating it with the existence of the retention and reservoir water reservoir equipment, to proceed to control of its quality, under the standards in force in SUS.

§ 2º The programme mentioned in the caput will preferably be implemented in the region of the semi-arid Brazilian

CHAPTER VII

DAS FINAL PROVISIONS

Art. 69. Within one hundred and eighty days, counted from the date of publication of this Decree, the IBGE will edit act defining villas, rural clusters, populated, nuclei, lugarejos and villages for the purposes of the inciso VIII of the art. 3º of the Act No. 11,445, 2007.

Art. 70. This Decree shall enter into force on the date of its publication.

Brasilia, June 21, 2010 ; 189º of the Independence and 122º of the Republic.

LUIZ INACIO LULA DA SILVA

Luiz Paulo Teles Ferreira Barreto

Guido Mantega

Paulo Sérgio Oliveira Passos

Carlos Lupi

Jose Gomes Tembasement

Izabella Mónica Vieira Teixeira

Strong Marcio of Almeida