Name of law Law amending and supplementing the law on waters of the Name Bill a bill amending and supplementing the law on waters of acceptance Date 16/09/2015 number/year Official Gazette 59/2015 Decree No 146
On the grounds of art. 98, paragraph 4 of the Constitution of the Republic of Bulgaria
I DECLARE:
To be published in the Official Gazette the law amending and supplementing the law on waters, adopted by the National Assembly of HLÌÌI 16 July 2015.
Issued in Sofia on 28 July 2015.
The President of the Republic: Rosen Plevneliev
Stamped with the State seal.
Minister of Justice:
Hristo Ivanov
LAW
amending and supplementing the law on waters (official SG. 67 of 1999; amend., 81/2000, no. 34, 41 and 108 since 2001, issue 47, 74, and 91 of 2002, no. 42, 69, 84, and 107 since 2003, issue 6 and 70 by 2004, issue 18, 77 and 94 since 2005. , PC. 29, 30, 36 and 65 by 2006; Corr, PCs. 66 by 2006; amend., SG. 105 and 108, 2006, issue. 22 and 59 since 2007, PCs. 36, 52 and 70 of 2008, PCs. 12, 32, 35, 47, 82, 93, 95 and 103 of 2009, PCs. 61 and 98 of 2010, PC. 19, 28, 35 and 80 by 2011. 45, 77 and 82 by 2012 PCs. 66 and 103 in 2013, PCs. 26, 49, 53 and 98 by 2014 and PCs. 12, 14 and 17 of 2015)
§ 1. In art. 2, al. 2 item 8 is created:
"8. the inspection of technical condition and safe operation of dams and other facilities to them."
§ 2. In art. 9 para. 6 shall be amended as follows:
"(6) the management of the river level in the scope of one or more water catchment areas is carried out in accordance with the State policy in the waters of the river basin directorates for water management."
§ 3. In chapter one creates art. 10 (e):
"Art. 10 (1) integration of water policy and sectoral policies in the water sector is carried out by the Coordination Council on water, including the Minister of environment and water, Minister of agriculture and forests, the Minister of energy, Minister of economy, Minister of regional development and public works, Minister of health, Minister of the Interior, the Minister of transport, information technology and communications and the Minister of education and science or those authorised by officials and a representative of the National Association of municipalities in Republic of Bulgaria.
(2) the Council, by al. 1:
1. ensure the coordination of the activities referred to in:
a) development and implementation of river basin management plans and the plans for flood risk management;
b) finance and implementation of the programmes of measures under art. 156 n and of the measures to achieve the objectives of reducing the probability and the adverse effects of flooding under art. 146 k, al. 2, item 2;
2. each year, by the end of March, discussed the implementation of the national programmes for the river basin management plans and risk management plans from flooding in individual sectors and determines the necessary measures that the Minister of environment and waters proposed for adoption by the Council of Ministers;
3. examine the reports of the regional governors on the State of water infrastructure and the results of the control activities in the area.
(3) the Council, by al. 1 shall be chaired by the Minister of environment and water.
(4) the Organization and activities of the Council under paragraph 1. 1 shall be determined by rules adopted by the Council of Ministers. "
§ 4. In art. 13 al. 2 is repealed.
§ 5. In art. 19 is hereby amended as follows: 1. In para. 1, item 4 (c), the words "and" mikroâzovirite "are deleted.
2. paragraph 2 is repealed.
§ 6. In art. 20, para. 5, the words "and the regulations of art. 141, para. 3 "shall be deleted.
§ 7. In art. 46, para. 1, item 10, after the words "art. 119 (a), para. 1, item 5, "text to the end shall be deleted.
§ 8. Art is created. 50A:
"Art. 50. (1) the authorizations referred to in art. 50, para. 1 shall be reviewed regarding compliance with the objectives for environmental protection under art. 156 a, when:
1. monitoring data or other information and estimates show that the objectives for the protection of the environment established for the body is not reached or there is a risk of deterioration of water body or the potential of artificial or heavily modified water body;
2. have found inconsistencies between the hydromorphological conditions and ecological state of water body or good ecological potential for heavily modified or artificial water body;
3. for the water body are justified under art. 156 b-156 (g) requiring the fulfilment of certain conditions.
(2) the licences referred to in art. 50, para. 1 shall be reviewed at every update of characterisation of the river basin water management under art. 156. (3) where the exercise of the rights referred to in the authorization under art. 50, para. 1 represents the pressure on water status, contributing to the deterioration or lack of objectives for the protection of the environment, or for failure to comply with the conditions under art. 156 b-156 g, Director of basin Directorate planned amendment of the licence, (a) where the amendment cannot achieve the objectives or the conditions – his termination and inform the holder of the authorization and shall implement the actions under art. 74, para. 1, item 1.
(4) the amendment or cancellation of the authorization under art. 50, para. 1 shall be included in the programme of measures in the relevant river basin management plan. "
§ 9. In art. 57 al. 3 shall be amended as follows:
"(3) Permits for the use of water for seizure of alluvial deposits shall be issued for a period not exceeding the duration of the current at the date of issue of the authorization plan for river basin management. In the cases under art. 140 the authorization shall be issued to the person selected for the artist of these activities for the period of performance of the contract concluded between him and the Governor. "
§ 10. In art. 58, para. 1 make the following amendments and additions:
1. In paragraph 4, after the words "art. 119 (a), para. 1, item 5, "text to the end shall be deleted.
2. In paragraph 5, after the word "ground" is added "and surface".
§ 11. In art. 60, para. 4 is hereby amended as follows:
1. point 4 shall be repealed.
2. In paragraph 5, point (d), the words "small lake" are replaced by "the dam" and the words "in accordance with the rules of art. 141, para. 3 "shall be deleted.
§ 12. In art. 72, para. 1, item 1, the words "and 74" shall be deleted.
§ 13. Article 73 shall be amended as follows:
"Art. 73. (1) the licences issued in accordance with this Act, are amended by the Authority ex officio under art. 52, para. 1, when:
1. characterization of River area, in the process of development of the river basin management plans, it is established that body accordingly cannot achieve the purposes under art. 156 and for good condition or potential in existing at the time of the assessment of water pressure on relevant activities and need to be fulfilled the conditions under art. 156 b-156 g – to justify the exceptions;
2. for the water body, which in the previous management plan for river basins is justified an exception to the purposes of art. 156 and for achieving good status or potential and new assessment shows it is necessary further reduce pressure, in order to fulfil the conditions under art. 156 b-156 g;
3. Notwithstanding compliance with the conditions in the permit contradictions arise with public interests.
(2) the authorizations referred to in paragraph 1, item 1 and 2 are amended at the date of adoption of the relevant river basin management plan.
(3) the authorisation under paragraph 1. 1, item 3, shall be amended by the procedure of art. 75 – 77. "
§ 14. In art. Al 74. 1 shall be amended as follows:
(1) After the establishment of the circumstances:
1. under art. 73, para. 1, item 1 and 2 the Director of basin Directorate prescribed to holders of permits and conditions and/or restrictions on water use for authorized purposes and shall notify the relevant authorities under art. 52, para. 1 for the necessary amendments and their inclusion in the programme of measures;
2. under art. 73, para. 1, item 3, the authority referred to in art. 52, para. 1 started ex officio procedure for amending the licences to ensure compliance with the public interest. "
§ 15. Article 75 shall be amended as follows:
"Art. 75. (1) the amendment of the authorisation shall be declared by the order of art. 62 (a), when the amendment is at the request of the person has been granted, or by the order of art. 73, para. 1, item 2 and modify the parameters of the authorized use of water.
(2) the announcement of the climate permits under art. 73, para. 1, paragraphs 1 and 2 shall be carried out with the announcement of the project in the relevant river basin management plan. "
§ 16. In art. 76 al. 1 shall be amended as follows:
(1) the authority under art. 52, para. 1:
1. a decision to amend or refuse to amend the authorization – in the cases under art. 75, para. 1, within one month of the declaration under art. 62 (a);
2. issue a decision amending the authorization – in the cases under art. 75, para. 2 within one month of the adoption of the river basin management plan. "
§ 17. In art. 79 make the following amendments and additions:
1. In paragraph 8. 1:
a) point 7 shall be repealed;
b) item 8 shall be set up:
"8. the circumstances under art. 50 a, para. 3 as of the date of acceptance of the river basin management plan. "
2. a para. 8:
"(8) the decision on the termination of the authorization under paragraph 1. 1, item 8 shall be issued within one month of the adoption of the river basin management plan. "
§ 18. In art. 116, para. 2, item 8 (a), the words "water body" shall be replaced by ' the Danube River and reservoirs ".
§ 19. In art. 118 the following amendments and supplements shall be made:
1. The current text becomes paragraph 1.
2. a para. 2:
"(2) the provisions of para. 1, item 1 regarding the prohibition on exceeding the available resources of groundwater by the abstraction does not apply to groundwater, which has justified the exception under art. 156, para. 1 and 2 are fulfilled the requirements under art. 156, para. 2. "
§ 20. In art. 118 (g) is hereby amended as follows: 1. In para. 1, paragraph 4, after the words "art. 119 (a), para. 1, item 5, "text to the end shall be deleted.
2. paragraph 2 is replaced by the following:
(2) not permitted shall be the seizure of alluvial deposits from the water bodies with the exception of the Danube River and reservoirs, as well as in the cases under art. 140. "
3. Paragraph 3 is replaced by the following:
(3) not be allowed use of the river Danube and reservoirs for seizure of alluvial deposits, when the seizure poses no risk of breaching the stability of existing hydrotechnical or other facilities. "
§ 21. In art. 118 Item 4 (h), (I) after the words "art. 119 (a), para. 1, item 5, "text to the end shall be deleted.
§ 22. In art. 119 (a), para. 1 make the following amendments and additions:
1. point 1 shall be amended as follows:
"1. the territory of the catchment of surface water bodies and land surface above the groundwater under art. 119, para. 1, item 1 and 2; ".
2. point 2 shall be replaced by the following:
2. water bodies identified as leads for recreation and water sports, including areas designated bathing waters, in accordance with the Ordinance under art. 135, para. 1, item 7; ".
3. In paragraph 5, after the words "protected areas and zones" shall be inserted "or" set.
§ 23. In art. 120 the following modifications are made:
1. In paragraph 8. 3 the words "item 10 and 12 ' shall be replaced by" 13 ".
2. in the Al. 4 the number "12" and the comma before it are deleted.
§ 24. In art. 122 the following modifications are made:
1. In the text before point 1, the words "12" shall be replaced by "13".
2. In paragraph 3 the words "item 17 and 18" shall be replaced by "item 9 and 17.
§ 25. In art. 135, para. 1 p. 10, 12, 18, 20 and 21 are repealed.
§ 26. In art. 138, para. 4 make the following amendments and supplements: 1. In paragraph 7, before the word "measures" is added "apply," and after the words "the flood" by the end, the text is deleted.
2. a new point 8:
"8. the implementation of measures for the maintenance of dams and other facilities to them in tip-top condition and ensure safe operation;".
3. an item 9:
9. implementation of immediate decommissioning of dams and/or structures that are in predavarijno condition, to the recovery of the technology and structural security or liquidation of such dams and/or facilities, if restoration or reconstruction are unjustified; ".
4. Current item 8 becomes item 10.
§ 27. In art. 138 and following amendments and supplements shall be made:
1. Paragraph 3 is replaced by the following:
"(3) the District Governors appoint committees for annual audits of the technical and operational condition of dams and other facilities to them that:
1. analyze the information provided under art. 141, para. 6 and on-the-spot checks of a technical condition of dams and other facilities to them;
2. prescribe the owners of dams and/or facilities to them within a certain period of implementation the measures necessary to ensure their technical condition and safe operation;
3. check the performance of the activities of the conductivity of river bed at distances up to 500 m from dams;
4. draw up a protocol for its findings and prescriptions within 14 days of the examination referred to in paragraph 1, which provide the Governor and sent to the owner of the dam and/or facilities to it, to the Chairman of the State Agency for metrological and technical surveillance and the Director of the relevant river basin Directorate, to take action in accordance with their powers under this Act; the minutes shall be forwarded to the Mayor of the municipality in whose territory is situated the dam and facilities. "
2. Al are created. 4-6:
"(4) in the Al. 3 include representatives of:
1. The State Agency for metrological and technical surveillance;
2. General Directorate for fire safety and protection of the population "of Ministry of Internal Affairs;
3. the district administration;
4. the river basin Directorate.
(5) the persons referred to in para. 4 should possess the necessary for carrying out the activities referred to in para. 3 professional qualifications as determined by the Ordinance under art. 141, para. 2.
(6) the Governor may attract additional experts with appropriate qualifications to participate in the Al. 3. "
§ 28. (B) Article 138 shall be amended as follows:
"Art. 138 (b). when a dispute or uncertainty as to the ownership of the dam the Governor pursues an organisation and its technical operation until the entry into force of the judgment or until the owner. "
§ 29. Art is created. in: 138
"Art. 138 in (1) if the owner of the dam and it does not meet the requirements for operator of the dam within the meaning of this law, he must assign the management, maintenance and implementation of the technical operation of the dam and the facility to a person who meets these requirements.
(2) If the concessionaire or the lessee of the dam and facilities thereto meet the requirements for operator of the dam, the owner may entrust the execution of these functions with the concession contract or lease.
(3) the designated pursuant to para. 1 or 2 operator of the dam and facilities thereto is required to give all necessary assistance to the owner for the performance of his duties under art. 138 (a), para. 3, item 2, art. 141, para. 1 and art. 190 a, para. 1, item 3, as well as to perform assigned activities in accordance with regulatory requirements and good care of.
(4) the operator of the dam is obliged to take action within their competence for the implementation of the prescriptions given by the order of art. 138 (a), para. 3, item 2 and art. 190 a, para. 1, item 3.
(5) the duties and responsibilities of the operator of the dam, as well as the terms and the manner in which it will operate, shall be determined by the Ordinance under art. 141, para. 2. "
§ 30. In art. 139 is hereby amended as follows: 1. Paragraph 1 shall be amended as follows: (1) maintenance and repairs operations of dams, hydro technical and protective equipment are provided by the owners. "
2. in the Al. 2 the word "maintain" is replaced by "sustainable".
§ 31. In art. 140 following amendments and supplements shall be made:
1. Paragraph 2 shall be replaced by the following:
"(2) for the implementation of activities under art. 138, para. 4 shall be carried out by:
1. the Chairperson of the State Agency for metrological and technical supervision or by officials authorised by him – for activities under items 8 and 9;
2. the Minister of agriculture and food and the Minister of regional development and public works or by officials authorised by them – for the activities referred to in paragraph 1, in accordance with their jurisdiction under art. 10;
3. the Minister of transport, information technology and communications through the Director of the Executive Agency for exploration and maintenance of the Danube River or by officials authorised by the Director, for the activities referred to in paragraph 10;
4. directors of river basin directorates or by officials authorised by them – for activities under item 2 to 7. "
2. paragraph 6 is replaced by the following:
"(6) where, on inspection, it is established that in order to maintain the conductivity of Riverbed except the activities referred to in para. 3 it is necessary and the seizure of alluvial deposits, the Governor:
1. instructs the procedure of the law on public procurement, development of technical design for the seizure, having agreed terms of reference for the contract with the Director of the relevant river basin Directorate compliance with this Act and the Ordinance under art. 135, para. 1, item 1 (a);
2. align the project referred to in paragraph 1 with the Director of the basin Directorate RIEW, instructs his performance under the public procurement Act and determine the place for disposal of seized material;
3. sell the seized material by auction, with the starting price announced not less than the value of the calculated under the tariff referred to in art. 194, para. 6 by means of sale remain in the budget of the regional administration and can be spent only for events for protection from disasters. "
3. Create a new para. 7 and 8:
(7) the Director of the relevant river basin Directorate shall issue a permit for the use of water for the seizure of the alluvial deposits of the specified executable under para. 6, item 2. The conditions and procedures for the granting of the authorization shall be determined by the Ordinance under art. 135, para. 1, item 1A.
(8) the activities referred to in para. 6 are financed by regional administrations. "
4. the Previous para. 7 and 8 shall become al. 9 and 10.
5. a para. 11:
"(11) in the implementation of the control for the implementation of activities under art. 138, para. 4 the authorities referred to in para. 2 give compulsory requirements and, where necessary, require assistance by the authorities of the Ministry of the Interior, from State and municipal bodies and by legal and physical persons. "
§ 32. In art. 141 following amendments and supplements shall be made:
1. Paragraphs 1 and 2 shall be read with the following adaptations:
(1) owners of water systems and hydraulic works, including dams and/or facilities to them, the ponds and šlamohraniliŝa are required to provide:
1. technical order maintenance;
2. the use of measuring and control equipment for the monitoring of their activities, complying with the requirements of the Ordinance under para. (2);
3. the use of an information system, provided by the State Agency for metrological and technical surveillance, in accordance with the decree issued by the Minister of energy, on the proposal of the Chairman of the State Agency for metrological and technical surveillance;
4. compliance with the requirements for technical and safe operation of the dams and the facilities to them, laid down in the Ordinance referred to in para. (2);
5. adjust the water levels at the dams in order to reduce the risk of flooding.
(2) the conditions and procedures for the conduct of technical and safe operation of dams and of the equipment and control for their technical condition are determined by an Ordinance of the Council of Ministers, on a proposal from the Chairman of the State Agency for metrological and technical surveillance. "
2. Paragraph 3 shall be repealed.
3. Al are created. 5 and 6:
(5) owners of dams and structures are required to notify in writing the President of the State Agency for metrological and technical supervision:
1. the notified operator of the dam and facilities to it – before the commissioning of the newly built dams and structures;
2. in each choice or change of operator of the dam and facilities to it – within 7 days of the change;
3. the results of periodic inspections carried out by the order of the Ordinance under para. 2.
(6) the information referred to in para. 5, item 3 shall be sent and the District Manager for the Commission under art. 138 (a), para. 3. "§ 33. Article 145 is replaced by the following:
"Art. 145. (1) in danger of flooding, in which adverse effects may occur for the life and health of people, the environment and material values, which can be prevented or limited by destruction of hydro-technical equipment or a part thereof, the owner and the person who manages the facility, shall cooperate fully with the Mayor of the municipality in whose territory is situated the facility for carrying out the necessary works at the facility to prevent or limit the expected damage.
(2) the activities referred to in para. 1 shall be carried out on the orders of the Mayor of the municipality, in consultation with the regional Governor and the head of the territorial unit of the General Directorate for fire safety and protection of the population ".
(3) spent for carrying out the activities referred to in para. 1, as well as for the recovery of dykes, if the same were demolished pursuant to para. 1 shall be refunded by the decision of the Interdepartmental Commission for reconstruction and assistance to the Council of Ministers. "
§ 34. In art. 146 g, paragraph 3, the words "protected zones under art. 6 of the Act "are replaced by" protection zones of water under art. 119 (a), para. 1, item 1, 2 and 5.
§ 35. In art. 146 k, al. 1, item 1, the words "article. 146 (b) ' shall be replaced by "art. 146.
§ 36. In art. 151 the following endorsements are added:
1. In paragraph 8. 2, item 1: a) in (c) Finally, the comma and added "annual reports and the measures necessary for their implementation;
(b)) in the letter "k" after the word "flood" are added "and national programmes for their implementation".
2. in the Al. 3, paragraph 2, after the word "level" is a comma and add "including guided methodological planning of monitoring and understanding of the results".
§ 37. In art. 155 following amendments and supplements shall be made:
1. In paragraph 8. 1:
and before that, the text) 1 shall be amended as follows:
"The Director of basin Directorate implements the State policy of the river level, such as:";
(b)) section 13 is repealed.
2. a para. 3:
"(3) the Director of basin Directorate for water management in the Black Sea area plans, develops, updates and take into account the implementation of the marine strategy and the programme of measures to achieve good status of the marine environment in accordance with the Ordinance under art. 135, para. 1, item 19.
§ 38. In art. 155 a, para. 1, item 4, after the word "issue" is added "or authorized officer designated by him to issue".
§ 39. In art. 156 a, para. 1 creating item 3: "3. water protection areas under art. 119 and to achieve the objectives of the legislation, under which is defined or declared the zone. "
§ 40. In art. 156 b, para. 1, paragraph 2, after the words "the benefits of" insert "artificial or heavily" after the word "means" comma, add "significantly better environmental option like" and a comma.
§ 41. In art. 156 e, item 4 "after the word" body "is added to the condition it was before these circumstances."
§ 42. In art. 156 is the following amendments and supplements shall be made:
1. Paragraph 1 shall be amended as follows:
"(1) there is no breach of this Act in cases where:
1. is not achieved good ecological status of surface waters or good ecological potential for heavily modified water bodies, or has not prevented deterioration as a result of the new amendment of the physical characteristics of a surface water body;
2. is not preventing the deterioration of surface water body – from excellent to good, the result of new sustainable human development activities with the socio-economic impact;
3. is not achieved good status of groundwater is not prevented or deterioration as a result of an amendment to their level. "
2. Al are created. 3-10:
"(3) in the programme of measures under art. 156, para. 2, paragraph 1, subparagraph (a) are planned measures related to environmental impact assessment, for activities which may lead to lack of good condition or potential of water body or to the deterioration of his condition, relating to:
1. the new amendment of the physical characteristics of a surface water bodies;
2. abstraction of surface waters, where:
(a) the amount of water) the quantity and already authorised for the abstraction of water quantities exceed 60 per cent of the permanent resources of fresh water, with 95 percent certainty about the pool of the river;
(b)) in the amount of water demand and allowed other already čerpeniâ can not ensure the minimum flow in the River during the malovodie of the river;
3. abstraction of groundwater by means of existing or new water intake facilities when:
and abstraction of water) authorized body shall not exceed 60 per cent of the available resources of groundwater for the previous year;
(b) monitoring of levels) indicates a lowering of water levels in the monitoring points.
(4) in the programme of measures under art. 156, para. 2, paragraph 1, subparagraph (a) are planned measures related to environmental impact assessment, and to:
1. all new activities in water bodies in which the status is lower than good and the activity concerned is pressure, that contribute to this, including the construction of dams and hydroelectric power stations, the abstraction of surface water and groundwater;
2. water bodies for which in the previous management plan for river basins are attached exceptions under para. 1. (5) in the cases referred to in para. 3 and 4, where the investment proposal falls within the scope of Annex No. 2 to the law on the protection of the environment, to assess the need to carry out an environmental impact assessment shall take into account:
1. compliance with the requirements under paragraph 1. (2);
2. the alternative solutions under para. 7 for your investment proposal.
(6) the assessment of the cumulative effects of all activities already authorised within the limits of the water body is recorded in the cases referred to in para. 3 and 4 – for each investment proposal.
(7) For each investment proposal falling within the scope of paragraphs 1 and 2. 3 and 4, shall include an assessment of the fulfilment of the requirements under paragraph 1. 2, including any alternative solution, such as:
1. examine proposed measures to reduce the adverse impact on the status of the water body and other related components of the environment;
2. evaluate the benefit to society or to human health and safety or to sustainable development and are compared with the benefits to the environment and to society of achieving good water status;
3. evaluate other options for achieving the benefits of the investment proposal, which are technically feasible and do not require excessive costs and which will not lead to changes or variations in the condition of the water body, and justify the reasons for which alternative is selected, leading to such amendments and deviations.
(8) When al activities. 3 and 4 do not fall within the scope of annex 1 and annex 2 to the law for the protection of the environment, under para. 7 are carried out within the framework of the environmental assessment of the river basin management plans.
(9) the specific criteria for carrying out the evaluations referred to in para. 6-8 shall be determined by the methodology for the application of the exemptions under art. 156 b-156 is approved by the Minister of environment and water.
(10) Guest on al. 6-8 are included in the river basin management plans as justification for the derogations applied under paragraph 1. 1. "
§ 43. In art. 156 and, al. 2 item 4 is created:
"4. the separation facilities that violate the continuity of rivers."
§ 44. In art. 156, para. 2, item 9, after the word "modified" a comma and add "including the issuance and revision, and, if necessary, amendment or termination of the service authorization under art. 44 for water use from surface waters and permits for the use of water referred to in art. 46, para. 1. "
§ 45. In art. 156 o, al. 1 is hereby amended as follows:
1. In paragraph 2, the words "the conditions" are deleted.
2. In paragraph 4, the words "17 and 18" shall be replaced by "9 and 17.
§ 46. In art. 186 after the word "water use" insert "or use of water".
§ 47. In art. 188, para. 1, item 4 Finally adds "and permits for the use of water for seizure of alluvial deposits from the river Danube.
§ 48. In art. 190 following amendments and supplements shall be made:
1. Paragraph 2 shall be replaced by the following:
"(2) the Minister of transport, information technology and communications control use for transport purposes the internal waters and territorial sea waters and the waters of the Danube."
2. Al are created. 4 and 5:
"(4) the President of the State Agency for metrological and technical surveillance or authorised by officials the implementation of the control:
1. the provisions of the art. 138 (a), para. 3;
2. measures to ensure the properly technical condition of dams and other facilities to them for safe operation;
3. decommissioning activities and/or liquidation of dams and structures;
4. activities under art. 145, para. 2.
(5) the Executive Director of the Executive Agency for exploration and maintenance of the Danube River controls the implementation of permit conditions for the use of water for seizure of alluvial deposits from the river Danube. "
§ 49. Create art. 190 and 190 (b):
"Art. 190. (1) the President of the State Agency for metrological and technical supervision or mandated by the officials under art. 190, para. 4 have the right:
1. free access to controlled by these dams and facilities to them;
2. to require the necessary data, information, explanations and other information;
3. to give obligatory prescriptions for owners of dams and/or facilities to them in accordance with its powers under this Act, including for the carrying out of measures and actions to clarify the technical condition and the conditions of operation of the managed objects, as well as to determine the time frame for their implementation;
4. to draw up regulations on the establishment of administrative violations in accordance with its powers under this Act.
(2) owners, tenants, concessionaires and operators of the dams and the facilities are required to provide all necessary assistance to the supervisory authorities referred to in paragraph 1. 1 in the exercise of their powers under this Act. Upon failure to ensure access to controlled dams and facilities providing access to them, with the assistance of the Ministry of the Interior.
(3) the owners, who were given compulsory requirements shall notify the Chairman of the State Agency for metrological and technical supervision for their execution within the period.
Art. 190 (b). (1) The results of the verification inspection bodies under art. 190, para. 4 compile the Protocol to which apply the collected documents and explanations, as the contents of the Protocol shall be determined by the Ordinance under art. 141, para. 2. (2) the report shall be made within 14 days after the check is sent to the owner and operator of the dam wall and shall be published on the website of the State Agency for metrological and technical surveillance.
(3) a copy of the Protocol, as well as information on the implementation of the mandatory regulations shall be sent to the Governor on the location of the dam. "
§ 50. In art. 192 following amendments and supplements shall be made:
1. Paragraph 1 shall be amended as follows:
"(1) the economic adjustment shall be based on the following principles: 1. the reimbursement of the costs of water services, including those for the environment and for the resource;
2. the polluter pays. "
2. in the Al. 2 item 3 is created:
"3. the fixed fees for water use, for the use of water and pollution, as an element of recovery of resource expenses and the cost of the environment and ensuring the contribution of the different water uses to the recovery of the costs of water services."
3. a para. 3:
"(3) application of the principles referred to in paragraph 1. 1 shall be carried out, taking into account the economic analysis and in al. 2, item 1, developed in accordance with art. 192. "
§ 51. In art. 192 (b), after the words "art. 192, para. 2, item 2, "a comma and added" fees under art. 192, para. 2, item 3 ".
§ 52. In art. 194 following amendments and supplements shall be made:
1. In paragraph 8. 1:
a) in item 2: AA) in paragraph (a), the words "surface waters" are replaced by "the Danube River and water reservoirs;
BB) creates the letter ' (d) ':
"d) disruption of the continuity of the facilities under art. 156 and, al. 2 item 4; ".
b) point 3 is replaced by the following:
3. "pollution fee:
discharge of a) for waste water into surface waters;
(b)) exhaust pollutants into groundwater;
c) from diffuse sources from agriculture; This fee is not paid, if the fee under letter "a" or "b". "
2. paragraph 2 is replaced by the following:
"(2) the fee referred to in paragraph 1. 1, item 1, letters "a" and "b" is determined on the basis of the volume of water discharge and relevant norms of water consumption, determined by the Ordinance under art. 117. "
3. Paragraphs 4 and 5 shall be read with the following adaptations:
"(4) the charge referred to in para. 1, item 2 shall be determined on the basis of:
1. authorized seizure volume – in the cases referred to in paragraph (a);
2. the height of the pregradnoto facility-in the cases referred to in point (d).
(5) the fees provided for in para. 1, item 3 shall determine:
1. the letter "a" for contamination by:
a) sewage systems of human settlements, urban and resort entities – on the basis of the invoiced quantity of the annual water and sewerage operator for users who use the service "removal of waste water" in the cube. m, with weightings to take account of the type of the receiving water, the number of discharges and the degree of purification;
b) industrial enterprises, forming the biodegradable industrial waste water, and of other objects, forming the waste water with just a bit character – on the basis of annual discharged waste water into surface water, with weightings referred to in (a);
in industrial undertakings outside) the cases referred to in point (b)-the sum of the following:
AA) the fee determined on the basis of the annual load on chemical oxygen demand for industrial waste water discharged into surface water, with weightings depending on the number of priority and priority hazardous substances, specific, and
BB) municipal waste water fee determined on the basis of annual municipal wastewater discharged into surface water body;
(d) industrial waste water) that do not have a bit of character and are discharged into sewage systems of human settlements, urban and resort entities – on the basis of the quantity and performance of wastewater, according to a written agreement with the operator, Vic with weightings in (c), subparagraph "AA";
2. the letter "b" – on the basis of the annual quantity of water and otveždanite the concentration of specific pollutants for which are laid down in the permit the maximum values;
3. (c) – with Ordinance of the Council of Ministers, on a proposal from the Minister of agriculture and food, in consultation with the Minister of environment and waters down the amount, the order and the manner of calculation and payment of fees. "
4. Create a new para. 7, 8 and 9 and para. 10:
"(7) the fee referred to in paragraph 1. 5:
1. point 1:
(a)) (a) shall be included in the eligible annual expenditure, forming the necessary annual revenues of water operators;
b) point (d) is not included in the eligible annual expenditure, forming the necessary annual revenue of Vic, and operators will be charged individually by users through the service providing the operator a shout "discharge of waste water";
2. point 3 is paid individually by the owner or operator of the farm or the person placing the plant protection products on the market.
(8) if the holder of the permit system to build and operate a continuous automated monitoring and when the testimony of the system have been validated by the controller, the charge referred to in para. 1, paragraph 3, subparagraph (a) shall be determined on the basis of the actual loads of pollutants.
(9) for the recovery of the cost of environment and resource costs is determined a correction factor for the increase of the fee:
1. water use – with self supply (through the own water intake facilities);
2. contamination:
a) in water bodies, chemical or environmental condition of which is lower than good;
(b)) in the areas of water protection;
in) in the discharge in pres″hvaŝite, karst and poniraŝite rivers, as well as in small and medium-sized rivers, determined by the Ordinance under art. 135, para. 1, item 9.
(10) the charge referred to in para. 1, paragraph 2, point (d) is due to the commissioning of the facility, ensuring the continuity of the river. "
5. The current paragraph. 7 it al. 11 and in it:
and before that) the text shall be amended as follows: 1 "charge under para. 1 shall not be paid in the case: ";
(b)) that are 6, 7 and 8:
6. pollution from diffuse sources in agriculture:
a) rearing to satisfy their own needs of the household, in the number of different types of animals in accordance with the Ordinance under art. 137, para. 10 of the law on veterinary activities;
b) organic farming, aquaculture and bees;
7. for water use in order to create new, restore and/or maintain Habitat and/or species habitats, including wetlands, in territories – part of a national ecological network within the meaning of art. 3 of the law on biological diversity, in which the maintenance and/or enhancement of the water mode is an important factor for their conservation; in these cases, it is not permitted the use of excavated water activity, directed to the exercise of a profession or craft and make a profit;
8. seizure of alluvial deposits in the cases under art. 140. "
6. the Previous para. 8 and 9 become Al respectively. 12 and 13.
§ 53. In art. 198 in the following modifications are made:
1. In paragraph 8. 7 the words "three quarters" are replaced by "two-thirds".
2. in the Al. 9 the words "all voices" are replaced by "the votes of those present under para. 7. "
§ 54. In art. 198 l make the following amendments and additions:
1. In paragraph 8. 1, the words ' tariff for water and sewage service to a group of users "are replaced by" price of the water service ".
2. a new paragraph. 2:
"(2) the principle of Pará. 1 observe the mandatory for the prices of water and sewerage services "delivery of water users and/or the other Vic operators" and "removal of wastewater". The price for the Vic service "wastewater treatment" can be set for a differentiated user groups depending on the extent of the contamination in accordance with the law for the regulation of water supply and sewerage services and its implementing acts. "
3. The current paragraph. 2 it al. 3. § 55. Art is created. 199 (b):
"Art. 201 (b). (1) the Chairman of the State Agency for metrological and technical supervision or an official authorised by him applied the compulsory administrative measures, such as ordering with order:
1. the prohibition of the use and access to the dam, which is operated in the non-compliance with the requirements of the Ordinance under art. 141, para. (2);
2. decommissioning of dams and structures;
3. temporary decommissioning of dams and the facilities to them in order to prevent the danger of failure of the equipment to bring them into a condition meeting the technical standards.
(2) to the decommissioning and/or eradication of dams and installations shall be proceeded upon an individual and comprehensive evaluation of the work and efficiency of dams and other facilities to them in detailed design and procedure as required by the Ordinance under art. 141, para. 2.
(3) Compulsory administrative measures referred to in paragraph 1. 1 for the dams under annex 1 to the art. 13, paragraph 1 shall be applied by decision of the Council of Ministers.
(4) the Disputing of the acts under paragraph 1. 1 and 3 did not stop their implementation. "
§ 56. In art. 200, para. 1 make the following amendments and additions:
1. point 23 is replaced by the following:
"23. forfeited deposits of alluvial bodies of water with equipment and without a permit – 20 000 to 50 000 BGN.;".
2. In paragraph 24, the words "118 in ' shall be replaced by" 118 in, al. 1. "
3. a new item 38:
"38. fails to fulfill an obligation under art. 141, para. 1-from 1000 to 10 000 BGN.; ".
4. Create is that 39-41:
"39. fulfil prescription under art. 138 (a), para. 3, item 2 and art. 190 a, para. 1, item 3 – from 1000 to 20 000 BGN.;
40. does not comply with an order under art. 199 b, para. 1 and 3 – 10 000 BGN.;
41. does not perform its obligation under art. 138 in, al. 1-from 10 000 to 50 000.
5. Current item 38 becomes item 42.
§ 57. In art. 201 following amendments and supplements shall be made: 1. In para. 1, after the words "art. 200, para. 1 "insert", with the exception of the offences referred to in paragraph 16 and 34-41 ".
2. in the Al. 2, after the word "regulations" shall be inserted "under para. 1. "
3. Create a new para. 11 and para. 12:
"(11) cited for violations under art. 200, para. 1, item 38 – 41 shall be drawn up by officials authorized by the authority under art. 190, para. 4.
(12) the penal provisions under para. 11 shall be issued by the Chairman of the State Agency for metrological and technical supervision or by officials authorised by him. "
4. The current paragraph. 11 becomes para. 13.
§ 58. In the additional provisions the following amendments and additions:
1. § 1, para. 1:
a) point 6 is replaced by the following:
"6." aquifer "is one or more layers of rock or other geological strata situated beneath the surface that have sufficient voids content and vodopropusklivost, allowing a significant stream or the abstraction of significant quantities of groundwater."
(b)) in 16 (b), after the word "srednomnogogodišnite" is added "maximum";
c) in item 17, the words "the groundwater deposits" shall be deleted and the word "mentioned" is replaced by "following";
d) section 56 shall be amended as follows:
"56." natural resources of groundwater "means the long-term annual average of total feeding groundwater;"
e) section 77 shall be amended as follows:
"77." significant and sustainable trend for increasing "is any statistical and environmentally significant increase of concentration of a pollutant, group of pollutants or indicator of pollution change in groundwater, which is judged to be necessary reverse the trend in accordance with art. 156 a, para. 1, item 2 (c); "
is at 92), the words "12" shall be replaced by "13";
(g)) is created that 93-99:
"93." household "are spouses, persons living in de facto conjugal cohabitation, as well as their children and relatives, if they live with them;
94. "dam" is a vodnostopanska system, including the body of water, the dam, facilities and collection culverts;
95. "operator of the dam" is a natural person or legal person hidrospecialist, which features a hidrospecialist officer to carry out stewardship activities, maintenance and operation of dams and the facilities to them, entrusted to him by the owner;
96. "pressure on the status of water" is all human activities which may have an adverse impact on the status of water;
97. "area for the protection of the waters" is the territory of the catchment area of a surface water body or the ground surface above the body of groundwater;
98. "mineral water field" is a body or a part of it, containing the mineral waters similar in chemical composition and properties;
99. "pollution from diffuse source pollution is a result of human activity, which is not the discharge of wastewater into surface waters and/or discharge of pollutants into groundwater, concentrated on a specific point."
2. paragraph 2 is amended as follows:
"§ 2 in. This law introduces the requirements of Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy, Directive 2007/60/EC of the European Parliament and of the Council of 23 October 2007 on the assessment and management of flood risks (OB, L 288/27 of 6 November 2007) and art. 11 and 12 of Directive 2008/105/EC of the European Parliament and of the Council of 16 December 2008 on the establishment of environmental quality standards in the field of water policy, amending and repealing directives 82/176/EEC, 83/513/EEC, 84/156/EEC, 84/491/EEC, 86/280/EEC and amending Directive 2000/60/EC of the European Parliament and of the Council (OJ , L 348/84 of 24 December 2008). "
§ 59. In the transitional and concluding provisions of the law amending and supplementing the law on waters (official SG. 47 of 2009; amend., SG. 95 of 2009) make the following amendments and additions:
1. In § 31 para. 1 Add "or by companies whose capital is owned by other companies with State participation".
2. paragraph 32 shall be repealed.
§ 60. In the transitional and concluding provisions of the law amending and supplementing the law on waters (SG. 103 by 2013) is made the following changes and additions:
1. In paragraph 9, para. 8 creating the third sentence: "Plumbing systems and facilities – public State property shall be entered in the balance sheet of the regional administrations of the autonomous territories."
2. In paragraph 12, paragraph 2, after the word "operator" is added "the dam".
3. In paragraph 14:
(a)) in the Al. 1 the words "2015" are replaced with "2016", and the words "2016" are replaced by "2017";
(b)) in the Al. 5 after the word "service" is placed to the end point, and the text is deleted.
§ 61. In other texts of the law, the words "and" and "mikroâzoviri and mikroâzovirite" are deleted.
Transitional and final provisions
§ 62. (1) the Ordinance under art. 141, para. 2 and the procedure under art. 156, para. 9 shall be issued within 6 months of the entry into force of this law.
(2) the Ordinances under art. 135, para. 1, item 1, 2, 7, 11 and 13 and the tariff of fees for water use, water use and pollution under art. 194, para. 6 shall comply with the requirements of this Act within one year of its entry into force.
(3) to bring the Ordinances under art. 135, para. 1, item 7 and 13 in accordance with this law shall apply regulations repealed under art. 135, para. 1, item 10 and 12, so long as they do not contravene this law.
(4) To bring the tariff referred to in art. 194, para. 6 in accordance with the requirements of this Act charges for water use, water use and pollution are calculated and paid in the previous row.
§ 63. The authorizations for the use of water for seizure of alluvial deposits, with the exception of those on the Danube River and reservoirs, issued prior to the entry into force of this law, shall retain their validity and shall end after expiry of the period for which they are issued, as does not apply art. 78, para. 2.
§ 64. Initiated prior to the entry into force of this law the procedures for change of ownership of the objects under the revoked § 32 of the transitional and concluding provisions of the law amending and supplementing the law on waters (official SG. 47 of 2009; amend., SG. 95 of 2009) completed in the previous row.
§ 65. (1) Removal from the balance sheet of the companies – Vic land operators – public State and/or public municipal property under art. 15 and 16, shall be made within 6 months after the determination of the sanitary-protection zones around the water taking facilities for domestic water supply.
(2) within 6 months after the determination of the sanitary-protection zones Vic operators take all legal and factual actions for derecognition under para. 1, including, where appropriate, adopt accounting and regulatory procedures to separate the zone I of the sanitary-protection zones in accordance with the order of the competent authority and sent to the Minister of regional development and public works list containing the indication and the individualization of land, representing the zone I of the sanitary security zone, located in the autonomous territory.
(3) for the distribution of ownership of lands from zone I of the sanitary-protection zones between the State and the municipalities shall be signed protocols in a form approved by the Minister of regional development and public works. Distribution protocols are an addition to the protocols referred to in § 9 of the transitional and concluding provisions of the law amending and supplementing the law on waters (SG. 103 by 2013).
(4) the provisions of § 9 of the transitional and concluding provisions of the law amending and supplementing the law on waters (SG. 103 by 2013) and shall apply accordingly for the distribution and elimination of publicly owned lands.
§ 66. All the dams on the territory of the country shall comply with the requirement of art. 138. in Al 1vsrok, within one year of the entry into force of this law.
§ 67. The owners of dams and the structures that are in operation, shall notify in writing the President of the State Agency for metrological and technical surveillance for the current operator of the dam within 14 days of the entry into force of this law.
§ 68. In the law for the regulation of water supply and sewerage services (official SG. 18 of 2005; amend., SG. 30, 65 and 102 in 2006, issue 102 of 2008 and 47/93 of 2009 and 66/103 of 13, no. 98 of 2014 and 17 by 2015) the following amendments and supplements shall be made :
1. In art. 14:
(a)) in the Al. 1, first sentence, the words "which are available for user groups depending on the amount of water and potrebâvanoto the technology of extraction and delivery of water" shall be deleted;
(b)) a new para. 2:
"(2) the principle of the Vic apply operators a single price of the water service of the autonomous territory. The principle must be respected for the pricing of water services "delivery of water users and/or the other Vic operators" and "removal of wastewater". The price for the "Vic wastewater disposal and purification" can be set for a differentiated user groups depending on the extent of the contamination in accordance with this law and its implementing acts. ";
in the previous para.) 2 and 3 become respectively al. 3 and 4.
2. In art. 21, para. 1, paragraph 3, the words "para. 3 "shall be replaced by" para. 4. "
3. In art. 34, para. 1 the words "para. 2 "are replaced by" para. 3. "
4. § 1, para. 1, item 4 of the additional provision, the words "4 percent" shall be replaced by ' 2.5 per cent.
§ 69. Fee for pollution from diffuse sources in agriculture shall be due from 1 January 2017.
§ 70. Paragraph 26, § 27, paragraph 2, concerning art. 138 (a), para. 4, paragraph 1, § 31, paragraph 1, concerning art. 140, para. 2, item 1, § 32, paragraph 1, concerning art. 141, para. 1, 2 and 3, § 48, item 2, § 49, 55, 56 and § 57, item 3, concerning art. 201, para. 11 and 12, shall apply from 1 January 2016.
The law was passed by the National Assembly-43 on 16 July 2015 and is stamped with the official seal of the National Assembly.
President of the National Assembly Tsetska Tsacheva:
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