150/2010 Coll.
LAW
Dated April 23, 2010
Amending Act no. 254/2001 Coll., On waters and amending some laws
(Water Act), as amended, and Act no. 200/1990
Coll., On misdemeanors, amended
Parliament has passed this Act of the Czech Republic:
PART ONE
Change Water Act
Art. I
Act no. 254/2001 Coll., On waters and amending some laws (
Water Act), as amended by Act no. 76/2002 Coll., Act no. 320/2002 Coll., Act
C. 274/2003 Coll., Act no. 20/2004 Coll., Act no. 413/2005 Coll., Act No.
. 444/2005 Coll., Act no. 186/2006 Coll., Act no. 222/2006 Coll., Act No.
. 342/2006 Coll., Act no. 25/2008 Coll., Act no. 167/2008 Coll., Act No.
. 181/2008 Coll., Act no. 157/2009 Coll., Act no. 227/2009 Coll. and
Act no. 281/2009 Coll., is amended as follows:
First In § 1 para. 1, second sentence, the words "also contribute to" the words
"to ensure the supply of drinking water."
Second In § 1, at the end of paragraph 2 the sentence "In the context of relations
governed by this Act takes into account the principle of cost recovery
water services, including the related environmental
environmental and resource costs, in accordance with the principle that the polluter pays
. ".
Third In § 2 para. 2, after the word "flowing" the word "underground".
Fourth In § 2 para. 10 the words "a specific point of the stream (usually
confluence with another watercourse or watercourse outfall into another body of water
). Basin is bounded by the junction box, which is an imaginary boundary
geomorphological interface between neighboring watersheds.
Catchment area also includes areas of surface water bodies in the basin "
replaced by" and, possibly, lakes into the sea at a single river mouth, estuary or delta
watercourse. ".
Fifth In § 2, after paragraph 10 the following paragraph 11 is added:
"(11) Sub-basin area of land from which all surface run-off flows
network of rivers and possibly lakes to a particular point in a water stream
(normally a lake or a river confluence).".
Existing paragraph 11 shall become paragraph 12.
6th Under § 2, the following new § 2a is added:
"§ 2a
(1) Surface water status is the general expression
status of a body of surface water for ecological and chemical status, whichever
which is worse.
(2) groundwater status is the general expression of the status
body of groundwater, determined by quantitative or chemical status, whichever
which is worse.
(3) Ecological status is an expression of the quality of the structure and function of aquatic ecosystems
bound to surface waters.
(4) good surface water status is a condition
body of surface water, which is its ecological and chemical status are at least good
.
(5) good groundwater status is a condition
body of groundwater, which is the quantitative and chemical status are at least good
.
(6) Good surface water chemical status means the chemical status
necessary to achieve the objectives of protecting water as a component of the environment
(§ 23a), in which concentrations of pollutants do not exceed environmental quality standards
.
(7) Good groundwater chemical status means the chemical status
necessary to achieve the objectives of protecting water as a component of the environment
(§ 23a), in which concentrations of pollutants do not exceed environmental quality standards
.
(8) environmental quality standards means the concentration of pollutants
substances or groups of substances in water, sediment or biota
which must not be exceeded for reasons of protection of human health and environmental
environment.
(9) The quantitative status of groundwater is an expression of the extent
impacts on the groundwater direct and indirect abstractions. ".
7th In § 5 para. 3 at the end of the text of the first sentence the words "and
ensure infiltration and retention and drainage of surface water resulting
impact of atmospheric precipitation such works (hereinafter" rainwater ") in accordance
building Act ^ 4). "
Footnote. 4 reads:
"4) Act no. 183/2006 Coll., On territorial planning and building regulations
(Building Act), as amended.".
8th § 6 para. 4 the word "waters" the words "decision or
General measure ".
9th In § 7 para. 6 first sentence, the words "the Police of the Czech Republic"
words "the municipal police, the Customs Administration of the Czech Republic" and
end of the paragraph the following sentence "No sailing under paragraph 5, the
excluding protective zones of water resources of the first degree, not
craft persons having a valid permit to use water according to §
8, paragraph. 1 point. a) point 4 or under the previous regulations, while
management of tanks designed in such a judgment for fish farming. ".
10th In § 7 para. 7, the words "sports activities" are deleted.
11th In § 8. 1 at the end of the text of letter e) the words "if
not the work undertaken pursuant to Act license
mining activities, explosives and state mining administration ^ 7b)".
Footnote. 7b reads:
"7b) Act no. 61/1988 Coll., On mining activities, explosives and state
Mining Administration, as amended.".
12th In § 8, at the end of paragraph 1 is replaced by a comma and
letter f), which reads:
"F) the use of mine water as an alternative source under a special Act
^ 1).".
13th In § 8 par. 3 point. d) the words "the Police of the Czech Republic"
words "municipal police".
14th In § 8, at the end of paragraph 3 is replaced by a comma and letters
e) and f) are added:
"E) the use of the energy potential of underground water in case
no collection or pumping of groundwater
F) the use of mine water organizations in mining
for its own use or discharge of mine water organizations ^ 1). ".
15th In § 8 the following paragraph 4 is added:
"(4) In case of doubt, whether the use of surface water or groundwater sources
and what kind of use of surface water or groundwater
waters is decided by the water authority.".
16th In § 9, paragraphs 4 and 5, including the footnote. 8a added:
"(4) Sampling of groundwater for the purpose of producing packaged infant or
spring water may be allowed when underground water source meets the requirements
quality of bottled spring water or infant under Decree
regulating the quality and safety of bottled water and
manner of their treatment-8a); if it be groundwater under this ordinance
edit, consider the limits on its quality in the indicators in
where it can be edited as fulfilled.
(5) Permission for water use, which can be exercised only use
water work, it is possible to simultaneously issue a building permit for such
water work in joint management, if not the water
work already existing or permitted. In the case of issuing permits for water use
simultaneously with authorization to carry water project
statements of these permits interdependent; if it were referring
challenged both these decisions will be the first appeal proceedings
appeal against a permit for water use, the appellate procedure
concerning a building permit to carry water project, the
suspended pending the coming into force of the decision of the Board
administrative authority issued the appeal proceedings against a permit to handle
with water.
8a) Decree no. 275/2004 Coll., On requirements for quality and health
safety of bottled waters and on their treatment, as amended
regulations. ".
Existing footnotes. 8a and 8b are renumbered as footnotes
fn. 8b and 8c, including references to footnotes.
17th In § 9, paragraph 6 reads:
"(6) Permission for water use for the use of its energy potential
not be issued for less than 30 years. The water authority
procedure according to § 12 para. 2 authorization period shall be extended by a period
laid down in an existing authorization, unless lawfully authorized
penalty for repeated violations of the obligations stipulated by this Act or by
him. ".
18th In § 9, paragraphs 7 to 9 are added:
"(7) Permission for water use for their impoundment, or
accumulation is issued for use waterworks that such
water management permits.
(8) When authorizing use of water for breeding fish or aquatic
poultry or other aquatic animals [§ 8 par. 1 point. a) point 4
And 5] provides water authority in the permit conditions for the use of harmful substances
to feed the fish and treatment of surface water in the reservoirs destined for
fish. In case you are in the permit sets conditions for use
hazardous and extremely hazardous substances must not be
this permit is issued for more than four years. On the creditor, which treats
harmful substances in the range of conditions under the first sentence, does not apply §
39 paragraph. 1 second sentence.
(9) Permission for water use for artificial enrichment of groundwater resources
surface water may only be issued if the application
sources of surface water or groundwater for this purpose does not lead to endanger the objectives set by
§ 23a for the water source or
targets set under § 23a for artificial enrichment of groundwater resource. ".
19th In § 10 paragraph. 1, the number "4" the words "and point. c) "
words" quality and "are deleted, the word" whom "is replaced by" that "
and at the end of the paragraph, the words" (§ 48 para. 1) "is replaced by" procedure
according to § 22 paragraph. 2 ".
20th In § 10, at the end of the text of paragraph 2, the words "procedure referred
§ 22 paragraph. 2".
21st In § 10 paragraph. 3, the words "and water quality" and the words "and the scope, manner and frequency
transmission of the results of these measurements river basin administrators" are deleted.
22nd § 12 including the title and footnotes. 8c reads:
"§ 12
Change and cancellation of permits for water use
(1) The water authority may ex officio permits for water use
change or cancel
A) Where the authorization issued permits for water use or uses
If it only minimally without serious cause for more than 2 years
; It does not apply in the case of an authorization pursuant to § 8. 1 point. b) to point 1
water consumption of backup power sources for drinking water from a public water supply
,
B) if the creditor, who has a permit to discharge wastewater into
surface water or groundwater, be required to connect to the sewer system
under a special legal regulation 8b)
C) in determining the minimum level of groundwater has not yet been determined
or changes occur.
(2) The water authority may permit for water use change or cancel
at the request of the creditor. If the permit is issued to another person, it must
applicant must demonstrate that it is entitled to this permit.
(3) The water authority permits for water use changed or canceled, and
even in proceedings pursuant to paragraph 1 or 2, if necessary
A) to achieve the objectives of water protection adopted in the management plan (§ 24 and 26)
B) to fulfill the programs reduce pollution of surface waters (§ 34 para. 2
and § 35 para. 1)
C) to satisfy the program reduce pollution of surface and groundwater
dangerous harmful substances and especially hazardous harmful substances
(§ 39 par. 3)
D) for drinking water supply according to plan development of water supply and sewerage systems
^ 8c).
(4) If authorized to change the period of validity of consents
waters, permission extinguished until a request is not a final decision;
Application must be filed before the expiry of permits
water management.
(5) The changing and canceling permits for water use is used
provisions of § 9-11 analogy.
8c) § 4 of the Act no. 274/2001 Coll., On Water Supply and Sewerage
public use and amending some laws (Act on Water Supply and Sewerage
), as amended. ".
23rd In § 14 paragraph 3 reads:
"(3) If it appears that the nature of things, the water authority in
permission to establish the conditions and the period for which the authorization is granted.".
24th In § 14, paragraphs 4 and 5 shall be deleted.
25th In § 15 paragraph 1 and 2 added:
"(1) To implement water projects, their changes and changes their use
well as their dissolution and removal is necessary to permit the water
office. Permission to carry out or changing water project, which is intended to
water disposal povolovanému according to § 8, may be issued only
if it is allowed adequate water management or
water management permits simultaneously authorized to make or change
waterworks (§ 9, par. 5). In a case under § 126 par. 5
permission to make or change the waterworks is not issued simultaneously with the decision by
Integrated Prevention Act; rights and obligations arising from
permission to perform, change water project or change its use may carry
earliest date on which the decision under the law on integrated prevention
.
(2) building permission or notification is not required construction works of water supply and sewerage
if they do not change their route. ".
Existing footnote no. 9 is repealed, including links to
footnote.
26th In § 15, at the end of paragraph 3 the sentence "water authority may
building permit submission store operating code waterworks
latest together with the notification in accordance with § 120 of the Building Act or with
applications for issuing occupancy permit. ".
27th In § 15, paragraphs 8 to 10 are added:
"(8) The water authority may order the suspension of work on the construction site or removing the building
performed or performed an emergency procedure by
Building Act of flood command authority, the municipality, the municipality with extended powers
or region. The issuance of this decision is the first act in
management.
(9) Water Works can not allow in summary proceedings pursuant to § 117
Building Act; It does not apply in the case of construction of water mains,
sewers and sewage facilities that do not require a permit to
water management.
(10) The water authority decision to cancel the waterworks
notify the competent building office. ".
28th Under § 15 the following § 15a, including the heading and footnotes
fn. 10c and 10d reads:
"§ 15a
Announcing water works and water management measures
(1) For the implementation of water projects designed for wastewater treatment in
capacity of 50 population equivalents, which are an essential part
products marked CE under a special legal regulation 10c)
sufficient notification water authority. During the reporting shall apply mutatis mutandis
provisions of the Building Code reporting structures.
(2) Notification of the waterworks under paragraph 1 contains
A) requirements under the Building Act ^ 4)
B) the category of the product bearing the CE
C) project documentation prepared by the person who received authorization
for this activity under a special legal regulation 10d)
D) the method of wastewater discharge,
E) a statement of the respective watercourse administrator in case
discharges of waste water from the waterworks into surface water
F) the opinion of the administrator basin,
G) a statement of the person with competence in the case of discharges
waste water from the waterworks through layers of soil into groundwater and
H) operating rules.
(3) Maintenance work, which could adversely affect the environment
environment or the stability of the water project, its owner is obliged to report
water authority. The announcement is also subject to rehabilitation of water works
destroyed by the disaster, and water treatment. In cases
by first and second sentence, the time limit for notification of the water authority that
against restoring no objections, 15 days; In this period the building office
announced the renewal or maintenance work, or water treatment
banned.
(4) If the water authority to execute the announced waterworks
agree, it is considered permissible and water management pursuant to § 8. 1
point. C); § 9 para. 2, in such a case.
Water authority the latter shall without undue delay administrators
basin. In the event that the implementation of the announced waterworks prejudice
water flow, the water authority shall communicate these facts also responsible
watercourse administrator.
10c) § 11-13 of the Act no. 22/1997 Coll., On technical requirements for
products and amending and supplementing certain acts, as amended
regulations.
10d) Act no. 360/1992 Coll., On the profession of authorized architects and
certified engineers and technicians active in construction, as
amended. ".
29th In § 16 para. 1, second sentence, the number "5" is replaced by "8".
30th In § 16 par. 3, the words "§ 9-13 and § 38 par. 5-7"
be replaced by the words "§ 38 par. 8-10".
31st In § 17 at the end of paragraph 1 is replaced by a comma and a letter
g), added:
"G) to the wells for use of the energy potential of groundwater from
Which shall not be harvested or not pumped groundwater; The water authority may
procedure for granting this approval the applicant ordered to submit his statement
persons with professional qualifications ^ 8). ".
32nd In § 17 para. 2 the words "the decision to grant" are deleted.
33rd In § 17 para. 3, the words "institutions that make decisions in proceedings
permission for construction, landscaping, operation of the storage locations for
management of extractive waste or the extraction of minerals"
replaced by "competent authorities proceeding under special acts 4 ^) ^ 7b) ^ 10b). "
34th In § 17 para. 4, after the words "fire protection" the words "
mine rescue," and the words "Police of the Czech Republic"
words "municipal police".
35th The heading under § 19 shall be deleted.
36th In § 19 paragraph 1 reads:
"(1) Administrative authorities and local authorities are obliged to keep
records of their decisions, general measure, binding
opinions, consents and brought them unannounced, to which gave consent under this Act
and also parts of the decision which, according to the Act on integrated prevention
replace decisions issued under this Act
. ".
37th In § 19 para. 2 the words "decisions of the water authorities'
be replaced by the words" paragraph 1 ".
38th In § 19 paragraph 3 reads:
"(3) The administrative authorities and local governments are required of them
records kept in accordance with paragraph 1 to impose their decisions issued,
general measure, binding opinions and identification data
extent determined by a decree issued pursuant to paragraph 2
into the information system of public administration (§ 22 paragraph. 3 and 4) and transmit them in electronic form
Ministry of agriculture for the latest calendar quarter
the 15th day of the first month of the following quarter. ".
39th In § 19, paragraph 4, which reads:
"(4) River basin administrators are required to continuously store selected data from
final decisions on measures of general nature and committed
views of the water authorities to the extent specified
decree issued pursuant to paragraph 2 to the public information system administration. ".
40th In § 21 para. 2 point. c) Section 1 the words "water flows and"
words "objects on them," and the word "their" shall be inserted
"partial".
41st In § 21 para. 2 point. c) Section 5 reads:
"5. international basins of the Czech Republic and
sub-basin (§ 24). "
42nd In § 21 paragraph 3 reads:
"(3) The method of defining hydrogeological regions, the designation process
way of evaluating their condition and the method of assessing the ecological
potential for heavily modified and artificial water bodies (§ 23a)
essentials survey programs and evaluation water status (§ 26 par. 4)
stipulated by the Ministry of the environment and Ministry of agriculture
decree. ".
Existing footnote no. 13a is deleted, including links to
footnote.
43rd In § 22 paragraph. 2 "(in particular, their quantity and quality)"
deleted.
44th In § 22 paragraph. 3 point. a) the words "water flows and" the words
"objects on them," the word "their" was inserted after the word "partial" and
word "watershed", the words "hydrogeological regions" are deleted .
45th In § 22 paragraph. 3 letter c) reads:
"C) international river basin districts in the Czech Republic and
sub-basin (§ 24)."
46th In § 22 paragraph. 4 at the beginning of the letter a) the words
"and hydrogeological regions".
47th In § 22 at the end of paragraph 4 is replaced by a comma and
letter i), which reads:
"I) surface waters that are or are to become permanently suitable for
life and reproduction of indigenous species of fish and other aquatic animals.".
48th In § 22, after paragraph 4 the following new paragraph 5
including footnote no. 14a reads:
"(5) The Ministry of Environment is managed as a separate component
public administration information system pursuant to § 21 para. 2 point. c)
register of protected areas, which in relation to the bodies of surface water or groundwater
records areas and areas requiring special protection
under this Act or the Act on the Protection of Nature and Landscape-14a).
14a) Act no. 114/1992 Coll., On nature and landscape protection, as amended
. ".
The former paragraph 5 is renumbered paragraph 6.
49th In § 23 para. 1 the words "; The plan consists of main catchment
Czech Republic and the river basin district plans, including the programs of measures.
Purpose water planning "is replaced by" and its purpose. "
50th In § 23 par. 1 letters b) and c) are added:
"B) reducing the adverse effects of floods and droughts and
C) sustainable use of water resources, particularly for the purpose of supplying drinking water
. ".
51st In § 23 paragraph 2 reads:
"(2) In the context of water management planning with river basin management plans and buying plans
flood risk management. These plans are the basis for performance
public administration, especially for spatial planning and management of the water. ".
52nd Footnote. 15 is deleted, including links to
footnote.
53rd In § 23a paragraph. 1 point. a) at the end of the text of point 1, the words "
, including water bodies within the same international river basin".
54th In § 23a paragraph. 1 point. a) point 4, the word "malformed"
replaces the word "priority" and "particularly dangerous substances listed in Annex
no. 1 of this Act into these waters" shall be replaced
"Priority Hazardous substances" .
55th In § 23a paragraph. 4 of the first sentence, the words "river basin (§ 25)"
replaced by "river basin (§ 24)", the words "deadlines specified"
are replaced by the words "period referred" and the words "or the establishment of less stringent requirements
"is replaced by" for the progressive achievement of the objectives
water protection for bodies of water or setting less stringent objectives
water protection "and the last sentence is deleted.
56th In § 23a paragraph 5-8 added:
"(5) The period referred to in paragraph 2 may be extended only if
no further deterioration of the water body, and when these conditions are met
:
A) if the timely achievement of the objectives of water protection possible from at least one further
this reason:
First scale of improvements required can be for reasons of technical feasibility
achieved only by successive steps that go beyond this
statutory deadline,
Second achieving the desired improvements within this statutory deadline
would be prohibitively expensive,
Third natural conditions do not allow timely improvement in the status of water
department within this statutory deadline,
B) the extension and the reasons for its extension
are specifically set out and explained in the river basin management plan and
C) extension of time will be limited to a maximum of two
subsequent updates of the river basin management plans, except in cases where
natural conditions are such that the objectives of water protection
can not be achieved within this period.
(6) Less stringent water protection objectives for selected water bodies
can be determined only when these bodies of water affected by human
activity, as determined in accordance with § 25 par. 1 point. a) point 2
or their natural condition is such that the achievement of these objectives
would be infeasible or disproportionately expensive, and if the following conditions
:
A) the needs of the environment and socio-economic needs
by such human activity can not be achieved by other means
that environmentally significantly better
not entailing disproportionate costs
B) for surface water will achieve the best possible ecological and chemical status
given impacts that could not prevent the
due to the nature of the human activity or pollution,
C) The groundwater will be achieved through the least possible changes to good
groundwater status, given impacts that could not prevent the
due to the nature of the human activity or pollution, d) no further deterioration
affected body of water and
E) the establishment of less stringent water protection objectives, and the reasons are
specifically mentioned in the river basin management plan and these objectives will be every six years
reviewed.
(7) Good groundwater status, good ecological status
good ecological potential or to prevent deterioration
body of surface water or groundwater may not be achieved due to new changes
physical characteristics of a surface water body or
changes in the level of bodies of groundwater. Deterioration of a body of surface water of very good
For good may result from new sustainable human activities.
(8) Application of the exemptions referred to in paragraph 7 is only possible if
A) they are taken all practicable steps to mitigate the adverse impact on the state
waterbody
B) the reasons for the modifications are specifically set out and explained in the river basin management plan
according to § 24 and the objectives are reviewed every six years,
C) the reasons for those modifications or alterations are of overriding public interest
or the benefits to the environment and society at
achieving the objectives referred to in paragraph 1 are outweighed by the benefits of the new changes for
human health, maintenance of human safety or sustainable development
D) the beneficial objectives served by those modifications or alterations of the water body
can not for reasons of technical feasibility or disproportionate costs
achieved by other means, which would be environmentally
environment improved significantly. ".
57th In § 23a, the following paragraph 9 is added:
"(9) The exceptions under paragraphs 5-7 may be applied only if there is no
permanently exclude or compromise the achievement of the objectives of protecting water as
component of the environment in other bodies of water within the same area
basin and their use is consistent with the goals of environmental protection
environment. ".
'58. § 24 including the title and footnote no. 16 reads:
"§ 24
River basin management plans
(1) The Czech Republic belongs to three international river basins,
and within international river basins of the Elbe, international river basin
Oder and the Danube River Basin Management.
(2) River Basin Management Plans in accordance with § 23 para. 2 are processed in three levels
for international river basin (hereinafter referred to as "international river basin management plans")
portions of international river basins in the Czech Republic (hereinafter
"national river basin management plans") and sub-basins.
(3) The Ministry of Environment and Ministry of Agriculture
cooperate within international commissions ^ 16) for processing
international river basin management plans and international plans for flood risk management
or file plans for flood risk management || | coordinated at the level of the international river basin.
(4) National RBMPs sets goals:
A) to protect and improve the status of surface water and groundwater
aquatic ecosystems,
B) to reduce the adverse effects of floods and droughts,
C) for the management of surface water and groundwater
and sustainable use of these waters to ensure water services and
D) to improve water conditions and to protect the ecological stability
landscape.
It also contains summaries of programs of measures to reach those goals and
provides funding strategy.
(5) National Plan for the Elbe catchment basin management plans are completed for five
sub-basin, and for sub-basin of the Upper and Middle Elbe sub-basin
Upper Vltava, Berounka sub-basins, sub-basins and sub Lower Vltava
Eger basin, the Lower Elbe River and other tributaries of the Elbe.
(6) National Plan for the Odra River Basin is supplemented river basin management plans for the two sub
river basin, sub-basin for the upper Odra river basin sub Lusatian Neisse River and other tributaries of the Oder
.
(7) National Plan for the Danube River Basin is supplemented river basin management plans for the three sub
basin, and for sub-basin of the Morava and tributaries of the scale, partial
Thaya River basin and sub-basins of other tributaries of the Danube.
(8) Plans sub-basin states the draft programs of measures that are
necessary to achieve the objectives for the sub-basin on the basis of this evaluation
surface water and groundwater, flood risk assessment, needs
use of water resources and the timetable for their implementation.
(9) The Ministry of Agriculture shall issue a decree defining individual
parts of international basins in the Czech Republic,
individual sub-basins under paragraphs 5-7 and associated
hydrogeological regions, and in regions where the administrative districts
and administrative districts of municipalities with extended powers and within the territorial scope
which fall within the river basin.
(10) The national river basin management plans drawn up
Ministry of Agriculture and Ministry of Environment in collaboration with the competent administrators
basin and relevant regional authorities.
National river basin management plans approved by the government.
(11) Plans for flood risk management takes
Ministry of Environment and Ministry of Agriculture in cooperation with the relevant
basin administrators and relevant regional authorities.
Plans for flood risk management plans approved by the government.
(12) The national river basin management plans and plans for flood risk management are integrated into the international
plans under paragraph 3
(13) Plans sub-basin river basin by buying their competence
in cooperation with the relevant regional authorities, in cooperation with
central water authorities. Sub-basin plans approved in accordance with its territorial scope
region.
16) Communication no. 122/1999 Coll., On the Convention on Cooperation for the Protection and Sustainable Use
Danube.
Notice no. 2/2003 Coll. ms Convention on the International Commission for the Protection of the Oder
. ".
59th § 25 including the title reads:
"§ 25
Development of river basin management plans and plans for flood risk management
(1) River basin management plans and plans for flood risk
processed in three stages, which are:
A) preparatory work which must contain
First preliminary flood risk assessment and delimitation of areas with
significant flood risk, which must publish and make available to the public for comments
, at least four years before the start of the period, which will
plans for flood risk management concern,
Second a timetable and work program for the processing of river basin management plans, which
must publish and make available to water users and the public for comments
, at least three years before the beginning of the period to which they relate
basin management plans, || |
Third analysis of general and water management characteristics of the river basin
assessment of the impact of human activity on the status of surface water and groundwater,
flood hazard maps and flood risk maps for areas
defined by Section 1 economic analysis of water, and their | || based on a preliminary overview of significant problems dealing with
water found in the river basin, including the introduction of AWB,
designation of HMWB and its rationale and design
specific objectives for water protection which must be made public and
accessible to water users and the public for comments, at least two years before
beginning of the period to which they basin management plans and management plans
flood risks relate
B) processing the draft management plan and draft management plans
flood risk, which must be processed according to the results of preparatory work and
programs include measures to achieve the targets under § 24 para. 4, and published
made available to water users and the public for comments
least one year before the beginning of the period to which the river basin management plans and will
plans for flood risk management concern,
C) processing of river basin management plans and plans for flood risk management
adjusted according to an evaluation consultation with water users and the public.
(2) The Ministry of Agriculture and Ministry of Environment
decree provides content management plans and plans for flood risk management plans
processing method, the details of processing stages in accordance with paragraph 1
including the manner and form, the preliminary evaluation
flood risk way of defining areas with a significant flood risk
contents and the process of flood hazard maps and flood risk maps
forms and their publication, way of making the preparatory work and
draft river basin management plans and draft plans flood risk management for
active participation of water users and the public.
(3) River basin management plans and plans for flood risk
reviewed and updated every 6 years from the date of approval
accordance with the procedures set out in paragraphs 1 and 2
(4) The national river basin management plans issued by the Ministry of Agriculture as a measure
general nature.
(5) Plans for flood risk management issued by the Ministry of Environment
as a measure of a general nature. ".
Footnote no. 17 is deleted, including links to
footnote.
60th In § 26 par. 1, first sentence, the words "Plan of main river basins
Czech Republic and plans of catchment areas" are replaced by "river basin management plans and
plans for flood risk management", the second sentence is deleted and the
Third sentence, the words "Plan of main river basins of the Czech Republic or" and
word "areas" are deleted.
61st In § 26 par. 2, second sentence, the words "issued in collaboration with the Ministry of Environment
" is replaced by "
and the Ministry of the Environment".
62nd In § 26 after paragraph 2 the following paragraph 3 is added:
"(3) Measures taken in the plans for flood risk management must
their extent and impact, significantly increase flood risks downstream and upstream
watercourse where such measures have been coordinated and agreed within
parts of international basins in the Czech Republic or
within international river basins. ".
The former paragraphs 3 to 5 shall be renumbered 4 to 6
63rd In § 26 par. 4, the last sentence is deleted.
64th In § 26, after paragraph 4 the following paragraph 5 is added:
"(5) In cases of temporary deterioration of water bodies
circumstances of natural cause or force majeure which are exceptional or
could not reasonably have been foreseen, as in the case of extreme floods and prolonged droughts
or as a result of accidents, you must meet the following conditions
:
A) take all appropriate measures to prevent further deterioration
status and not to compromise the achievement of the objectives of water protection under § 23a paragraph. 1
with other bodies of water not affected by those circumstances
B) the conditions under which they may be circumstances that are exceptional or
reasonably unpredictable, are listed, including the introduction of relevant
indicators in the management plan,
C) measures to be taken under such exceptional circumstances
are included in the program of measures and will not compromise the quality
restoring the body of water once the circumstances,
D) the effects of exceptional circumstances or reasonably nepředpověditelných
is reviewed annually and given the reasons for extension of the deadlines set
in § 23a paragraph. 5 and setting less stringent objectives in § 23a paragraph. 6
take all practicable steps to the shortest possible time
restore the water body in the state that was before extraordinary circumstances
and
E) a summary of the effects of the circumstances and actions taken or to be taken
in accordance with letters a) and d) be included in the next update
management plan. ".
Former paragraphs 5 and 6 shall be renumbered 6 and 7
65th In § 28 paragraph. 1, the words "define the activities of" the words "in
Spatial Development Policy and planning documentation".
66th In § 28a at the end of the text of paragraph 2, the words "and
territorial planning documents".
67th In § 30 paragraph. 1 first sentence, the word "year" the words "and
groundwater resources for the production of bottled infant water or spring water
" and the word "band" the words "general measures"
and the third sentence, the words "the decision establishing the buffer zone
also" be replaced by "buffer zone".
68th In § 30 paragraph. 6, the number "11" is replaced by "13".
69th In § 30 after paragraph 6 the following paragraphs 7 and 8 are added:
"(7) The protective zone of the first degree is disabled access and entry;
It does not apply to persons who are entitled to from the water source to collect, and
water supply reservoirs for the people who own these dams.
Water authority may stipulate a decision even further exemptions from the ban
entry and drive.
(8) protection zone I and II. Grades are forbidden to perform operations
damaging or endangering, strength, quality or health safety
water source, whose scope is defined by the measure of a general nature
establishing or changing the protection zone. ".
Former paragraphs 7 to 11 shall be renumbered 9 to 13
70th In § 30 paragraph. 10, the words "The decision on the establishment or modification
protective zone of water resources, the water authority, after consultation with
relevant authorities" are replaced by "The measure of a general nature
establishing or changing the guard Gaza water source
water authority "and" must be done in a protection zone "is
replaced by" are in the protection zone are required to implement
person pursuant to paragraph 12 ".
71st In § 32 par. 3 of the word "quality" is replaced by "quality".
72nd In § 36 paragraph 2 and 3 added:
"(2) The minimum residual flow down the water authority permits
water management. The water authority shall take into account the conditions
watercourse, nature and water management based on measures to achieve the objectives
water protection adopted in the river basin management plan under § 26. Furthermore
down the place and method of measuring minimal residual flow and | || frequency of these measurements to the water authority.
(3) The method and criteria for determining the minimum residual flow in accordance with paragraph 2
determined by the Government. ".
73rd In § 37 para. 1, the word "permanent" shall be deleted and the words "and in which
does not undermine the ecological stability of the ecosystem of water bodies with related
" is replaced by "and to ensure the achievement of good environmental status
associated bodies of surface water and
exclude significant damage to terrestrial ecosystems. "
74th In § 37 para. 2 second sentence, the word "areas" shall be deleted.
75th In § 38 par. 1, first sentence, the word "them" are replaced by "these
buildings, equipment or means of transport."
76th In § 38 par. 2 first sentence, the word "land", the word
"cooling", the words "water cooling water turbines" are replaced
"for water turbines" and at the end of the paragraph the following sentence "
for waste water is also not considered rainwater from rainwater separators if
separator meets the conditions laid down by the water authority in the permit.
Wastewater neither of rainwater from roads, if
pollution of those waters harmful substances
resolved through technical measures by decree implementing the Law on road traffic
^ 21). ".
Footnote. 21a reads:
"21a) Decree no. 104/1997 Coll., Implementing the law on land
roads.".
77th In § 38 par. 3 at the end of the text of the second sentence, the words "
which means the most effective and advanced stage of development of the technology used
disposal and wastewater treatment, developed
scale which allows implementation under economically and
technically feasible, and also the most effective water protection ", the following sentence is inserted
second sentence" Who discharged mine water into surface water or groundwater
under the Act on the protection and use of mineral Resources ^ 1) || | may do so only in a manner and under conditions determined by the water
office. "and the third and fourth sentences are repealed.
78th In § 38 paragraph 4-9 added:
"(4) A person who discharges waste water into surface water or groundwater
is obliged to comply with the water authority's decision
measure the volume of water discharged their degree of contamination and results of these measurements
pass water authority who issued the decision, the competent
basin administrators and authorized professional body. The water authority
this decision establishes the place and method of measuring the volume and pollution
discharged wastewater and frequency of submission of the results of these measurements
. Sampling and analysis to determine the extent of pollution discharged
wastewater may only be performed by qualified persons authorized to
business (hereinafter "the authorized laboratory").
(5) The person who disposes of waste water through water works
intended for sewage treatment capacity to 50 PT
population, which is an essential part of the product CE marking, the
no obligation under paragraph 4 . enumeration and classification of products labeled CE
including the values of permissible pollution of waste water discharged from
them decreed by the government.
(6) Whoever accumulates in non-outflow of waste water pit is required to ensure
their disposal so as not to jeopardize the quality
surface water or groundwater, and the challenge
water authority or the Czech Environmental Inspectorate show
their disposal in accordance with this Act.
(7) The direct discharge of wastewater into groundwater is prohibited.
Discharge of waste water containing no hazardous or harmful substances
especially dangerous substances (§ 39 par. 3) from individual buildings
for housing and individual recreation or individual buildings
providing services, arising predominantly from
human metabolism and domestic activities through layers of soil to water
Underground, can only be allowed in exceptional cases on the basis of statements by persons with competence
^ 8), their effect on groundwater quality if
not technically or with respect to the interests protected by other laws and regulations may be their
discharges into surface water or sewer
for public use.
(8) When permitting the discharge of wastewater into surface water or groundwater
water authority shall determine the maximum permissible values of
quantity and pollution. When permitting the discharge of wastewater into surface
bound indicators expressing the state of water in the watercourse,
environmental quality standards, indicators and values of permissible pollution of surface waters
, indicators and permissible values
waste water pollution and terms and conditions of a permit to discharge wastewater
, including specifications
best available technology in wastewater and conditions of use
, decreed by the government.
In permitting the discharge of waste water into groundwater is bound indicators to convey status
groundwater in the relevant body of groundwater indicators and values
permissible pollution of groundwater indicators and
permissible values of wastewater pollution and appurtenances
and conditions of a permit to discharge wastewater into groundwater, which provides
government regulation.
(9) When permitting the discharge of waste water into surface or underground water authority
A) take into account the need to achieve or maintain good condition
surface water or groundwater and water-related ecosystems and
B) assess the opportunities for reducing pollution at its source and
limiting emissions into the environment as a whole and the possibility of reusing wastewater
. ".
79th In § 38, the following paragraphs 10 to 13 are added:
"(10) If required by the objectives set out in the relevant river basin management plan or goals
water protection and environmental quality standards set
directly applicable European Community water authority provides
stricter permissible values of pollution indicators
wastewater than the value set by the Government in accordance with paragraph 8, or may
establish additional indicators and their permissible values.
Thus established values, which the government provides regulation should not be stricter than those
achievable using the best available technologies in the field
wastewater; standards directly applicable
European Communities without prejudice. The same holds true in cases
pollution indicators and their values established by Regulation
government under § 31, 34 and 35.
(11) The water authority may in permitting the discharge of wastewater from
industrial buildings and facilities to store wastewater from
individual partial production or cooling water
separately from other waste water.
(12) The water authority may, upon request, allow polluters
in exceptional cases, the necessary time, especially when placing
sewage treatment plant into operation in test mode,
necessary repairs and changes to the device wastewater and
accidents at these facilities, and in cases where the wastewater will be
into surface waters discharged in a controlled manner while setting
other conditions that limit the possibility of deterioration in the quality of surface water discharge
wastewater permissible values of pollution indicators
wastewater higher than those set by government regulation
paragraph 8 or § 31.
(13) In case of doubt, whether the wastewater decides
water authority. ".
80th In § 39 par. 2 letter a) reads:
"A) develop a plan of action in case of an accident (hereinafter"
emergency plan ") and submit it for approval to the respective water authority;
If he can crash affect the water flow, discuss it user
harmful substances before being submitted to the appropriate administrator of the watercourse
which also transmit one of the copies. "
81st In § 39 paragraph 3 and 4, including footnote no. 21b added:
"(3) The list of dangerous substances and other substances or groups of substances
which an equivalent level of concern (hereinafter
"Dangerous substances"), is provided in Annex no. 1 hereto;
this list includes the especially dangerous substances (hereinafter referred to as "particularly dangerous substances
"). A special category of hazardous and extremely hazardous substances
are priority substances that pose a significant
risk to the aquatic environment and associated ecosystems.
List of priority substances stipulated by the government. Part of the list of priority substances is also
category of priority hazardous substances, which are substances that
create a very high risk in the aquatic environment or indirectly through
aquatic environment due to its persistence and ability to bioaccumulate
. To reduce pollution of surface and groundwater
hazardous substances and especially hazardous substances, the Government may adopt
to the proposal of the Ministry of the Environment Program to reduce pollution
surface and groundwater contamination by dangerous pollutants and especially
dangerous harmful substances.
(4) Any person who treats especially hazardous substances or hazardous substances or
who treats harmful substances to a greater extent or
when dealing with them is associated with increased danger, is obliged to take appropriate
measures in order to get into surface water or groundwater
or sewerage systems, which do not form part
technological equipment manufacturing equipment. It is especially obliged
A) to place the device in which harmful substances are used, capture,
stored, processed or transported, so as to prevent
unwanted release of these substances into the soil or their undesirable mixing with waste or
storm water,
B) use only such equipment, possibly during treatment
harmful substances that are suitable in terms of water quality protection,
C) at least once every six months to check warehouses and landfills, including
results of their inspection system for detecting leakage of harmful substances
and promptly carry out timely repairs;
warehouses must be secured with waterproof treatment against leakage of harmful substances into
groundwater
D) at least once every five years, unless technical standard or manufacturer
shorter deadline, a specially qualified person to try
tightness of the pipes or tanks designed for the storage and transport of resources for
especially dangerous and hazardous substances and in the case
deficiencies are identified promptly carry out timely repairs;
tightness of tanks designed for the storage of petroleum or petroleum products with a minimum
volume of 1,000 cubic meters, or used for storage of oil and oil products
under the Act on emergency oil stocks-21b) secured
waterproof treatment against leakage harmful substances into groundwater and
continuously monitored by control systems whose outputs are
recorded and kept until the finish
immediately following the leak test can be, if not the manufacturer deadline shorter
tested at least once a 20 years; in case of storage of manure and leachates
of roughage in aboveground tanks placed in catch basins
a volume greater than the volume of the largest tank placed in them, with
repeated leakage test is not required
E) to build and operate an adequate control system for detecting leaks of harmful substances
and outputs it to submit the request to the water
office or the Czech Environmental Inspection
F) to ensure that newly constructed buildings were secured against unwanted
leakage of these substances in extinguishing the fire.
21b) Act no. 189/1999 Coll., On emergency oil stocks, addressing state
oil emergency and amending certain related laws (Act on Emergency Oil Stocks
), as amended. ".
82nd In § 39 par. 8 first sentence, the words "noxious substances" are inserted
"including requirements for a professionally qualified person and drip pans
pursuant to paragraph 4. d) "and at the end of the paragraph with the sentence"
Principles for establishing the conditions for the use of harmful substances in case of exceptions
under paragraph 7 letter. b), d) and e) in waste water in order
breeding fish or waterfowl or other aquatic animals and fish ponds
define the categories in terms of fish farming provides
Ministry of Environment and Ministry of Agriculture || | decree. ".
83rd In § 39, paragraphs 10 and 11 are added:
"(10) In order to protect waters may not be marketed and sold to consumers
detergents for textiles with a phosphorus concentration
higher than 0.5% by weight. Restrictions placed on the market does not apply to detergents
A) used for washing in industry and institutions which is carried
trained staff,
B) intended for export or for distribution to other Member States of the European Communities
.
(11) for handling of solids sedimentovatelnými
listed in Annex no. 1 hereto are not covered by paragraphs 2, 4 and 5. ".
84th In § 41 paragraph. 3 first sentence, the word "waters" the words "and
surface waters used in accordance with § 34" and at the end of the text paragraph
words "that the accident immediately inform the manager || | basin ".
85th In § 44 after paragraph 1 the following paragraph 2 is added:
"(2) A natural watercourse is a trough or a portion thereof, which originated
natural action of flowing surface water and other natural factors
or performing remedial measures
interference caused by human activity and which may change its direction, the longitudinal and transverse slope
profile. ".
Existing paragraph 2 shall be renumbered third
86th In § 44 par. 3, after the words "watercourse" the words "or
whether it is a natural watercourse".
87th In § 47 par. 2 letter b) reads:
"B) take care of watercourse channels and maintain riparian vegetation on land
riverbeds or on land adjacent to them in
width according to § 49 para. 2, so that they do not become an obstacle preventing
continuous flow of water during a flood, with regard to their species composition
best suited to the natural conditions of the site;
This does not apply if the land designated to fulfill forest functions ".
88th In § 47 at the end of paragraph 2 is replaced by a comma and
letter h), which reads:
"H) to propose measures to remedy the interference caused by human activity
leading to the restoration of natural riverbeds.".
89th In § 47 para. 4, letter b) reads:
"B) maintain the navigability of transport used by major waterways
including breaking ice stationery in public ports set
decree and branding and staked waterway waterways ^ 7);
Ministry of Agriculture and the Ministry of Transport shall designate
public ports where the ice stationery erode ".
90th In § 47 para. 4 point. g) the words "Ministry of Agriculture"
replaced by "water authority", the word "tank" is replaced
"said interacting."
91st In § 47 the following paragraph 5 is added:
"(5) The management of watercourses in accordance with paragraphs 2 and 4 must be exercised so as to
negative impact on aquatic ecosystems and water tied to a minimum,
with regard to achieving good water status under § 23a paragraph . 1 point. a)
points 2 and 3. ".
92nd In § 48 paragraph 2 reads:
"(2) The administration of small watercourses or comprehensive
sections are authorized to pursue village whose territory the watercourse flows,
or natural or legal persons or organizational state, which
small water flows used or whose activities are related or
state-owned enterprises on the basis of the determination of the Ministry of agriculture. The designation
administrator and cancel the administrator of a small watercourse decides
Ministry of Agriculture on request; It does not apply in the case
determining administrator or revoking an administrator of a small watercourse
organizational component of the state or state-owned company whose principal business or
business is to manage small watercourses. Along with identifying
manager of a branch of the state or a state enterprise with
small water flow, in which the current administrator of state organizational unit or state enterprise
passes from the existing to the new administrator of a small watercourse
management right to land with a trough such
water flow, water works with such watercourse and related land under water
these parts, if these are real estate owned
state. ".
93rd In § 48, paragraph 7 is deleted.
94th In § 49 para. 1 point. a) after the word "enter" the words "and
drive in."
95th In § 49 para. 1 point. b) the words "in synergy" is replaced
"after consultation" and the words "at him" with the words "in width by
paragraph 2 '.
96th In § 50 at the end is replaced by a comma and letter h)
added:
"H) to submit to its land natural watercourse.".
97th In § 51 at the end of paragraph 1 is replaced by a comma and
letter d), which reads:
"D) to submit to its land natural watercourse.".
98th In § 54 para. 4 second sentence after the word "watershed", the word
"in particular" and the words "water works (§ 15)", the words "the announcement
waterworks (§ 15a)" .
99th In § 55 after paragraph 1 the following paragraph 2 is added:
"(2) Water treatment as earthworks and changes in terrain
natural watercourse channels and on land adjacent to them
which substantially changes the natural watercourse channels and which are necessary to ensure
functions of watercourses. ".
Paragraphs 2 and 3 shall become paragraphs 3 and 4
100th In § 55 paragraph 3 reads:
"(3) The water works under this Act shall not be particularly easy
facility outside of river beds on land or buildings
to capture water and to protect them from the harmful effects
surface water or groundwater, water modifications, including non-outflow pit
inlet pipe, internal water mains and internal sewerage, water and sewage connections
exploratory hydrogeological boreholes if not used for
sampling groundwater, other facilities built in the context of geological works
^ 8) and drilling to exploit the energy potential groundwater
if there is no pumping or sampling groundwater. ".
Footnote no. 33 is deleted, including links to
footnote.
One hundred and first In § 58 par. 3, the word "decision" is replaced by "measure
general nature".
102nd In § 59 para. 1 letter a) reads:
"A) comply with the conditions and obligations under which the water work
permitted and put into operation, especially to adhere to rules and order handling
approved, promptly notify the water authority
changes affecting content manipulation Regulations and submit to the water
Office for approval a proposal to adjust the handling regulations so as to be in line with
complex manipulation guideline according to § 47 para. 4 point. G);
Essentials handling and operating regulations stipulated by the Ministry of Agriculture
decree ".
103rd In § 59 para. 1 point. g) after the word "gauge A" the words "
enable continuous transmission of data flows in the watercourse or"
and the word "and" is deleted.
104th In § 59 para. 1 point. j) the words "covered by a specific law ^ 30)
except where it is a memorial trees or specially protected species of plants
" is replaced by "with the exception of protection of protected trees,
specially protected species of plants, specially protected fauna and wild
wild birds not covered by the Act on the protection of nature and landscape-14a). "
Footnote no. 30 is deleted, including links to
footnote.
105th In § 59 at the end of paragraph 1 is replaced by a comma and
letter k), which reads:
"K) to carry out every two years by a person qualified
eligible by the Ministry of Environment technical revisions
waterworks announced pursuant to § 15a, and the results of these revisions pass
until 31 December of the year the water authority. The owner of the water
work is obliged to eliminate the detected deficiencies within 60 days from the revision
. ".
106th In § 59 paragraph 2 reads:
"(2) Authorization for the implementation of technical revisions waterworks announced
under § 15a can be granted to a person who has sufficient professional level
technical, administrative and organizational support, and meets the requirements
qualified for the revision . '.
107th In § 59 after paragraph 2 the following paragraphs 3 and 4 are added:
"(3) The water authority may order the owner of the waterworks
process and submit it for approval to the handling procedure waterworks;
may also determine the conditions under which decisions on approval issues, and the deadline for submission
or handling of the submitted order to save perform
Additions or other modifications. It may also impose agreed to change
handling regulations waterworks and its submission for approval.
Handling Regulations approves water authority for a limited period of time.
(4) In exceptional cases, the water authority may impose or permit
owner of the waterworks extraordinary manipulation of the water works beyond the approved
handling regulations. In this case the owner of the waterworks
obligation to pay authorized to use water in this
work for it, it can not dispose of the water in the maximum permitted amount
with certain characteristics. ".
Former paragraphs 3 and 4 become paragraphs 5 and 6
108th In § 60 par. 1, after the word "entry" the words "and the entry".
109s. In § 61 paragraph. 3, "for individual categories of waterworks'
replaced by" a procedure for including the waterworks into categories "and
word" service "the words" and the requirements of technical and program
supervision. "
110th In § 61 paragraph 4 reads:
"(4) The applicant for the authorization of new or changes to the completed water project
defined by decree in accordance with paragraph 3 shall be obliged to apply for admission
submit a report for inclusion in the category of waterworks proposal
conditions of implementation of technical and safety supervision which processes
person referred to in paragraph 9. ".
111th In § 61 paragraph 9 reads:
"(9) Carry out technical and safety supervision of waterworks I to III.
Category, process reports for inclusion in waterworks I to IV.
Category in terms of technical and safety supervision and process
program of technical and safety supervision can only
qualified person authorized by the Ministry of Agriculture (hereinafter the "authorized person").
If such a person is the owner of the waterworks I or II. category, not
on him to perform technical and safety supervision process itself and for him
technical and program oversight. ".
112th In § 61 paragraph. 10, the words "technical and implementation
Supervisors" is replaced by "activities according to paragraph 9 first sentence"
and the words "technical and safety supervision" is replaced by "
these activities."
113th In § 62 paragraph. 2, the words "and II." Is replaced by "up to III."
Word "qualified" is deleted and the following sentence "U waterworks III.
Category can perform technical and safety supervision
owner or builder himself, if authorized person. ".
114 respectively. In § 62 paragraph. 3, the words "III. and "are deleted.
115th In § 62 paragraph. 4 point. a) the words "at the water works of I. and II.
Category and report it to the authorized professionally capable legal entity (§
61 paragraph. 9), which is carried out on the construction of technical and safety supervision "
replaced by" at the waterworks IV. category for the person responsible for the technical and safety supervision
considered the owner of the waterworks when
failing to another person. "
116th In § 62 paragraph. 4 point. b) the word "minimum" is deleted.
117th In § 62 paragraph. 4 point. c) the word "serve" is replaced by "u
waterworks I to III. Categories submit "and the words" in buildings I and II.
Category ensure their submission through qualified
legal entities "is replaced by" at the waterworks IV.
category to submit a report on the survey in terms referred to in point b). ".
118th At the end of § 62 paragraph 4 is replaced by a comma and
letter d), which reads:
"D) for waterworks I to III. Category pass water authority
technical and safety supervision program or change it. ".
119th In § 63 paragraph 1 and 2 added:
"(1) Flood protection means actions and measures
prevent and manage flood risk in vulnerable areas.
Provides a systematic prevention and operational actions.
(2) Operational measures are ensured by flood plans and
during a state of emergency by the emergency plans ^ 34). ".
120th Under § 64 the following § 64a, including the heading reads:
"§ 64a
Flood risk management
(1) Flood risk management focuses on
mitigate possible adverse effects of floods on human health, the environment,
cultural heritage and economic activity, and if it is deemed appropriate
on non-structural measures nature or to reduce the probability of flooding
.
(2) Flood risk is the combination of the probability of occurrence
floods and their potential adverse effects on human health, the environment
environment, cultural heritage and economic activity.
(3) The preliminary flood risk assessment is the basis for defining
areas with a significant flood risk. For these territories are treated
or updated flood hazard maps, flood risk maps and management plans
flood risk.
(4) Flood hazard maps defining areas that could be inundated by
different flood scenarios, using the specified
floodplains. Flood risk maps shall show the potential adverse consequences of floods
according to these scenarios.
(5) Plans for flood risk management are part of the planning
in the water and taking into account relevant aspects such as costs and benefits
, extent and flood retention capacity of flood
areas, water protection objectives pursuant to § 23a paragraph. 1, soil and
water management, spatial planning, land use, nature conservation, shipping
transport and port infrastructure. Plans for flood
risk involved in all aspects of flood risk, while
focusing on prevention, protection, preparedness, including flood
forecasts and early warning systems and taking into account the characteristics
particular river basin or sub basin. Plans for flood
risk may also include the promotion of sustainable land use,
improve water retention and
controlled flooding of certain areas in the event of a flood. ".
121st § 65 including the title reads:
"§ 65
Flood measures
(1) Flood measures are preparatory measures, carried out during
risk of flooding during flood and measures implemented after the flood.
(2) Preparatory measures are
A) determination of floodplains,
B) defining the limits of standard flood activity degrees,
C) flood protection plans,
D) flood inspections,
E) preparation of flood forecasting and warning services
F) organizational and technical preparations
G) creating a massive flood of reserves,
H) preparation of the participants of flood protection.
(3) Measures at risk of floods and floods are
A) the activities of flood prediction service
B) the activities of the flood warning service,
C) warning of flood danger,
D) the establishment and operation of the patrol,
E) the evacuation of floodplains,
F) controlled influencing runoff,
G) flood safety work,
H) flood rescue work
I) security features and replacement services in the area affected by the floods.
(4) The measures after floods are
A) registration and documentation work,
B) assessment of the flood situation including incurred flood damage,
C) flood recovery and rehabilitation of the area after the flood.
(5) Flood provisions under paragraphs 1 to 4 are the construction, maintenance and repair
buildings and other facilities used for flood protection, as well as investments
caused by the floods. ".
122nd In § 66 para. 3, after the words "floodplains" the words "and
their documentation."
123rd In § 66 paragraph 4 reads:
"(4) The water authority, which flooded area provided
ensure access to documentation and forward a copy of this documentation
Ministry of the Environment.".
124th In § 66 paragraph 7 reads:
"(7) flood plains and their active zones are determined by actions
general nature.".
125th In § 66, paragraph 8 shall be added:
"(8) changes floodplains and their active zones
paragraphs 1 to 4 shall apply mutatis mutandis.".
126th In § 67 at the end of the text of paragraph 1, the words "; It does not apply
maintenance of buildings and alterations, unless there is a deterioration
runoff. "
127th In § 67 par. 3, after the word "establish" the words "
measure of a general nature" and the first sentence, the following sentence "When conditions change
is the same procedure to change or cancel.".
128th In § 70 para. 2 the words "actions performed while driving
protection against floods" are replaced by "operational measures implemented for
Concrete flood protection "and the word" activity ", the following words
", which are: ".
129th In § 70 par. 2 point. a) the words "such danger;"
inserted the words "This condition is also issuing a warning information
flood forecasting service;".
130th In § 70 par. 2 point. b) the words "in the event that"
replaced with the word "when" and the word "flood" the words "but no more
spillway and damage outside the trough.";
131st In § 70 par. 2 point. c) after the word "when" the word
"immediate", the word "danger" to the word "or" and
word "security" is replaced by "flood security works by
flood plans" .
132nd In § 70 at the end of the text of paragraph 4, the words "and are binding
flood plans for the lower grades."
133rd In § 71 para. 4 of the last sentence, the words "on a proposal for their owners'
deleted.
134th In § 71 par. 7, the second sentence, the following sentence "If a building
going beyond the scope or impact on the environment significantly municipality, confirming compliance
senior flood authorities and lower flood authorities shall inform
. "at the end of the fifth sentence, the full stop shall be deleted and the
words" if they are not accessible to the public administration portal
in electronic form. "and the last sentence is deleted.
135th In § 73 para. 1, "the possibility of flooding" is replaced
"the danger of flooding, about its origin."
136th In § 73 par. 3, the words "[§ 64 para. 2 point. c)] "are deleted.
137th In § 73 paragraph 4 reads:
"(4) For the transmission of information flood forecasting and warning services
uses operational and information centers
Fire Rescue Brigade of the Czech Republic and the integrated rescue system ^ 35).".
138th In § 74 paragraph 2 reads:
"(2) Flood relief work in cases when human lives
or economic interests, which are transport, supply, communications and health care
, provide flood authorities in cooperation with the components integrated
rescue system. ".
139th In § 75 par. 2 point. b) the words "stationery and congestion" is replaced
"nápěchů and congestion."
140th In § 76 par. 2 last sentence, the words "one month" shall be replaced
words "three months".
141st In § 76 at the end of the text of paragraph 4, the words "to register
river basin".
142nd In § 77 paragraph 4 reads:
"(4) Flood authorities may make during the flood measures and issue
operational commands to ensure protection against floods, in justified cases
beyond existing flood protection plans that in such a case
must immediately notify the person concerned. All accepted
measures and issued commands are entered in the flood and books must be available for inspection
persons with competence locally
respective flood authorities, or in a manner allowing remote access
. Issuing these commands are not covered by an administrative order.
Extraordinary powers begin to flood authorities announcing
second or third degree of flood activity and ends with these reference levels. ".
143rd In § 77 par. 8, the words "assumes control of flood protection
" the words "at the request of the flood authority
lower grade or on their own decisions."
144th In § 77 par. 9, the words "Act ^ 34), assumes" the words
"throughout the territory for which the state of emergency declared,".
145th In § 79 par. 1, the second sentence, the following sentence
"In the case of parallel activities Flood Commission municipalities and municipalities with extended powers
Instructs Mayor managing flood commission village
another member of the committee.".
146th In § 79 par. 2 point l) deleted.
Existing letters m) to o) are renumbered l) to n).
147th In § 82 point. c) the words "and river basins" are deleted.
148th In § 83 point. l) the words "carry" the words "
in cooperation with the nature conservation and water authorities", after the word
"damage" the comma is deleted and the words "and schedule them
protocol; further".
149th In § 84 par. 1 at the end of the text of letter h) the words "including
backwater areas."
150th In § 84 par. 2 at the end of the text of letter a) the words ";
Water authority may stipulate a deadline for the fulfillment of this obligation. "
151st In § 85 para. 1 point. i) after the word "cruise" the words "
if the owners or operators of the port.";
152nd In § 86, paragraphs 1 and 2 shall be repealed.
The former paragraphs 3 to 6 shall be renumbered 1 to 4
153 above. In § 86 par. 4, the number "4" is replaced by "2".
154th In § 88 paragraph 3 reads:
"(3) The person withdraw groundwater from the water source to multiple
locations in one municipality, the amount of water consumed for the purposes of charging
adds. One water source is groundwater for the purpose
charges mean groundwater located in the same sub-basin, which
specified number of hydrological order, and at the same
hydrogeological region. ".
155th In § 88 para. 5, after the second sentence, insert the phrase "The customer is not required to charge
reporter when not subject to charges in accordance with paragraph
2. The buyer is also not required to file reports in fee
case since it last fee report filed avoid
amending the authorization for sampling groundwater on the basis of which the first
fee report was filed. ".
156th In § 88, at the end of paragraph 7 following sentences "The advance payments and the amount
quarterly or monthly installments provided an advance notice in a situation
valid until the new changes to the advance assessment.
Czech Inspection of the Environment passed the General Customs Directorate
until the end of the calendar year, a list of all valid advance assessments. ".
157th In § 88, at the end of paragraph 8 following sentences "The customer is
the issued advance notice required to pay a fixed deposit
set monthly or quarterly installments annually until
possible amendments to the advances and the amount of monthly or quarterly
new advances an advance assessment. The new deposit assessment issue
Czech Inspectorate of the Environment under the new fee report
buyer or change in the rate of the fee for taking groundwater
under this Act. ".
158th In § 88 para. 12, "and his settlement with paid
advances" are deleted, the number "30" is replaced by "60" and the words
"settlement" and "is enforceable" are deleted. "| ||
159 aircraft. In § 88 para. 13, "and is enforceable" are deleted.
160th In § 90 paragraph 6 reads:
"(6) The polluter may, for the purposes of calculating the fee for a single source of pollution
subtract the pollution withdrawn by him and used
water or water collected and used another legal or
a natural person who it passes the waste water produced for
further disposal of the total pollution in
effluents from the pollution source.
The subtracted pollution of the withdrawn water must be substantiated data on concentrations
pollution in water withdrawn for individual pollution indicators and
data on the withdrawn amount in the year for which the fee is calculated
. The correctness of data on the amount of pollution in water withdrawn
polluter is responsible. ".
161st In § 91 par. 3, the words "Ministry of the Environment
decree" is replaced by "government regulation".
162nd In § 92 paragraph. 1, the first sentence be deleted.
163rd In § 96 at the end of paragraph 2 sentence "Deferral not allow
if the quality of wastewater discharged from sewage treatment plants or other device
during the 12 months before construction is already delivering
permissible values of pollution indicators set
special legal regulation (§ 38 par. 8). ".
164th In § 97 para. 1, "Czech Environment Inspection and
polluted waste water reaches the level specified in the permit
Czech Environmental Inspection" is replaced
"water authority and the conditions of the permit," and words "but
maximum levels set by special legislation 38)," are deleted.
At the end of the text of paragraph 1, the words ";
waived part of the fees, the Czech Environmental Inspectorate in a decision on the remission of charges
called a subsidy ^ 38). "
Footnote. 38 reads:
"38) § 47 para. 4 of Decree no. 500/2002 Coll., Which implements certain
Provisions of the Act no. 563/1991 Coll., On Accounting, as amended
regulations, for accounting units that are entrepreneurs
double entry accounting system, as amended. ".
165th In § 100, paragraph 2 reads:
"(2) The discharge of individual housing construction and for individual
recreation fee does not apply. For discharges in other cases
determined fee of CZK 350 for every inhabitant
1 equivalent to the capacity of equipment designed to clean wastewater for the
calendar year. ".
166th In § 101 paragraph. 1, first sentence, the words "authorized that"
replace the word "Who", the words "significant watercourses", the words "
and other surface waters," in the second sentence, the word " authorized "
replaced by" who takes surface water "and at the end of the paragraph
sentence" the obligation to reimburse this payment is also the one who takes
surface water through other authorized devices that do not pay
surface water abstraction pursuant to paragraph 4. ".
167th In § 101 paragraph. 5, after the word "is," the words "for other
surface water abstractions competent administrators basin".
168th In § 101, paragraph 6 reads:
"(6) does not pay the one who took surface water due payment is
respective administrator of the watercourse from which the surface water
occurs or administrator basin competent at the other sampling || | surface water is entitled to claim it, including interest payment under paragraph 1
in court. ".
169. In § 102 at the end of paragraph 1 is replaced by a comma and
point p) is added:
"P) infiltration, retention and drainage of rainwater.".
170th In § 104, the following paragraph 9 is added:
"(9) In administrative proceedings conducted pursuant to the Act on the Protection of Nature and Landscape
^ 14a) of the Mining Act ^ 1) and the Law on Mining,
explosives and the State Mining Administration ^ 7b), and at
procedure under the building Act; 4) during the placement, licensing, use and disposal
buildings can issue a decision or take any other action solely on the basis
binding opinion by the water authority, if the interests can be affected by this
Act. ".
171st In § 105, paragraph 2 deleted.
Existing paragraph 3 shall be renumbered 2.
172nd In § 105 para. 2 the words "to the extent the needs of the national defense
and training of the armed forces" shall be deleted.
173rd In § 106 para. 1 the words "under this Act" and the word "that"
deleted.
174th In § 107 letter c), including footnote no. 44 reads:
"C) to decide in cases of transboundary waters after consulting the Ministry
Agriculture and the Ministry of the Environment; if such
decision affects the course, character or marking of the border,
decide, after consultation with the Ministry of the Interior; if it concerns a decision
natural mineral water and natural healing resources
near the border under a special law ^ 2)
decide, after consultation with the Ministry of Health; transboundary waters
are surface water or groundwater stipulated in international treaties
which the Czech Republic is bound ^ 44)
44) Communication no. 7/2000 Coll. ms, on the conclusion of the Agreement between the Government of the Czech
Republic and the Slovak Republic on cooperation on border waters
.
Communication no. 66/1998 Coll., On Agreement between the Czech Republic and
Federal Republic of Germany on cooperation on border waters
water management.
Decree no. 57/1970 Coll., On the Treaty between the Czechoslovak Socialist
Republic and Austria on Water Management Issues on
border waters.
Communication no. 94/2009 Coll. ms, on the conclusion of the Convention between the Government
Czechoslovak Republic and the Government of the People's Republic of Water
cooperation on border waters. ".
175th In § 107 point. f) the number "3" is replaced by "4".
176th In § 107 letter j) reads:
"J) to authorize the use of water for the use of the energy potential
according to § 8. 1 point. a) item 3 on major watercourses in
, where appropriate, also. "
177 cells. In § 107 point. o) the word "flow" the words "and their
active zone".
178th In § 107 point. p) the words "or not" is deleted and at the end
Text of the letter with the words "what kind of water management is
or whether it is a waste of water."
179th In § 107 at the end of the text of letter t) the words "and
authorize the use of water for breeding fish and waterfowl, or other animals
".
180th In the letter w § 107) reads:
"W) approve of waterworks handling rules, which permits, including
exceptional handling them and the complex handling rules, if
that at least one of the water works, which are complex order handling
will be covered include within its scope ".
181st In § 107, the current text becomes paragraph 1 and the following
paragraph 2, which reads:
"(2) The regional authorities are concerned authorities according to § 104.
9 and issue a binding opinion in matters relating to their duties.".
182nd In § 108 paragraph. 3 point. j) the word "areas" the words "
except reviewing the program of action".
183rd In § 108 paragraph. 3 point. v) the word "coordinate"
replaced by the word "coordination" and end the letter of the text, the words "together with the Ministry of Agriculture
".
184th In § 109 para. 1 the words "water shortage" the words "or
if the threat to supply the population with water, or if there has been
single abstraction of drinking water from the mains in cases of rescue operations during
emergencies, fires and other natural disasters
, the intervention of the fire rescue Service
Czech Republic and fire protection units or the armed forces of the Czech Republic
", the words" water authority "the words" decision or
general measures ", the word" allowed "to be replaced by
" permitted "and the word" the "before the word" this ".
185th In § 109, paragraph 3 is deleted.
186th In § 110 at the end of the text of paragraph 2, the words "and measures
general nature".
187th Under § 114, the following new § 114a, which reads:
"§ 114a
The person who will not allow the water authority or the Czech Environmental Inspection
environmental control under § 114 that allow entry or entry on land or
entrance to the building will not allow sampling
fails to provide requested documents, data and explanations, or the extent required in carrying out
control does not work, you can save a fine of up to 200
000 CZK. Fine may be imposed repeatedly. The total of these
imposed disciplinary penalties may not exceed EUR 2 000 000 CZK.
Revenue from fines shall be an income budget of which is paid
administrative decision which imposed the fine. ".
188th In § 115 paragraph. 1, "according to the Administrative Procedure ^ 41), or"
deleted at the end of the text of paragraph 1, the words "and
water management measures."
189th In § 115 paragraph. 2, the words "asylum decision", the words "obliged to submit
" and the word "permit" shall be deleted, after the word "is" the words
"must submit an application for a decision, building approval , determination
protection zone of waterworks, establishment of the protection zone
water resources, "the word" opinion ", the words" the announcement or notification
use "and the word" requirements "the words
'decisions, general measures ".
190th In § 115 paragraph. 3, the word "franchise" is replaced by "decisions"
and the last sentence is deleted.
191st In § 115 paragraph. 5, after the semicolon including the semicolon
deleted.
192nd In § 115, at the end of paragraph 6 the sentence "This request is
valid for one year from the date of filing, it can be administered repeatedly.".
193rd In § 115, at the end of paragraph 7 of the sentence "The day communication
information on the initiation of proceedings means the day of receipt of the written
copy or the first day of its publication on the official board of the administrative authority and
manner allowing remote access. ".
194 cm. In § 115, paragraph 8 reads:
"(8) The water authority in document, which orders the date and the subject
hearing, notify the parties and the relevant authorities at least 10
days before the hearing that the binding opinions and objections, or evidence
They may apply at the latest at the hearing, otherwise they will not be taken into account
. Drops if the water authority a hearing, determines
Period, which shall not be less than 10 days to the relevant authorities can apply
binding opinions and the parties of its objections, or
evidence. About a deadline will be issued resolutions. If it is a decision
regarding water cannons, proceed according to the Building Act. ".
195th In § 115 paragraph. 10, the first sentence is replaced "
In simple cases, especially if it can be determined on the basis of the documents submitted
participants in the water management, water authority will decide without delay;
Provisions of § 36 and 47 of the Administrative Procedure shall apply, and in the case of proceedings
ex officio, the decision may be the first act in the proceedings. "
Sentence and the last shall be deleted.
196th In § 115, paragraph 11 reads:
"(11) If any of the conditions under § 140 paragraph. 1
Administrative Procedure, it is a common procedure.".
197th In § 115 Paragraphs 14 and 15 are added:
"(14) The issuance, amendment, revocation or lapse of another decision
water authority over permits for water use
apply the provisions of § 12 and 13 mutatis mutandis.
(15) Subscriber authorization procedure for sampling groundwater the applicant and further
person under paragraphs 4 and 7. Participants procedures for determining the administrator
small watercourse or to cancel the applicant, former manager
a small watercourse, river basin administrator and communities whose territories
small water stream flows. To issue a decision to reflect the appropriate
water authorities (§ 106 para. 1). ".
198th In § 115, at the end of paragraph 16 the sentence "In the case where the
after the decision on remedial measures
there are new relevant facts can issue a new decision on remedial measures.".
199th In § 115, paragraph 17 reads:
"(17) Handling Regulations waterworks water authority approves
decision.".
200th In § 115 paragraph. 18, the last sentence deleted.
Two hundred and first In § 115, the following paragraph 19 is added:
"(19) During the hearing of a case in the special bodies established by
international agreements binding the Czech Republic, the deadline for issuing a decision
running.".
202nd Under § 115, the following new § 115a, including the heading reads:
"§ 115a
Measures of general nature
(1) Measures of general nature pursuant to § 6 par. 4 and § 109 para. 1
take effect, unless stipulated otherwise by the water authority, before discussing
, on the day posting a public notice, which measures
announces a general nature. The issue of a general measure
notify the water authority, the person suitable in the usual manner.
(2) If the water authority does not provide a public decree under paragraph 1
otherwise, is to discuss general measure of public and takes place on the day that
water authority in the decree state; Public consultation
can not be held sooner than five days following the announcement of the decree.
(3) The provisions of § 172 paragraph. 5 of the Administrative Code in case of issuance
general measure pursuant to § 6. 4, § 25 par. 3, § 66 para. 7 and
§ 109 para. 1 apply.
(4) Settlement of comments or objections, the water authority shall publish on its official
board.
(5) In case of changes or cancellations general measures apply
paragraphs 1-4 accordingly. ".
203rd Title XII, including footnotes Nos. 44a and 44b reads:
'TITLE XII
ADMINISTRATIVE OFFENCES Part 1
Offences
§ 116
(1) A person who commits an offense that
A) fails to comply with any decision or measure of a general nature issued for the purpose
modification, restriction or prohibition of the use of surface water
according to § 6 par. 4
B) manages surface water or groundwater pursuant to § 8. 1
without permission for water use,
C) carry out activities pursuant to § 14 para. 1 without the permission of the water authority
or contrary to it,
D) contrary to § 16 para. 1 or 2 launches without permission of the water authority
into drains waste water containing especially dangerous substances
,
E) carry out the construction, facility or activity according to § 17 para. 1
without the approval of the water authority or contrary to it,
F) violates the prohibition under § 28 par. 2
G) violates the prohibition under § 30 paragraph. 7 or 8
H) fails to take technical measures or use of land or buildings in
inconsistent with the general measure pursuant to § 30 paragraph. 10
I) fails to comply with the action program in the vulnerable areas according to § 33 para. 2
J) shall release the fish or other aquatic animals, alien, genetically
improper or unverified populations of native species in the water
courses or water tanks in conflict with § 35 para. 3,
K) inconsistent with § 39 par. 1 fails when handling harmful substances
adequate measures in order to get into surface water or groundwater, and
thus endangering their environment
L) violates the prohibition under § 46 par. 1 or 2
M) violates the prohibition under § 58 para. 1 or restriction under paragraph. 3,
N) fails to comply with the obligation to provide protection against floods according to § 63 paragraph
. 3
O) violates the prohibition of activities in the active zone of the flooded area according to § 67 paragraph
. 2
P) treated with waters in contravention of the decision or measure of a general nature
according to § 109 para. 1 or implement measures imposed under § 109
paragraph. 2, or
Q) fails to comply with the measures imposed under § 110 paragraph. 1 or § 112.
1 point. b).
(2) An offense under paragraph 1 may be fined
A) to CZK 20 000, in the case of an offense under a), g), m), n) or
o)
B) to CZK 50 000, in the case of an offense under subparagraph i), j), l), p) or
q)
C) 100 000 CZK, if it is an offense under subparagraph b), c), d), e), f)
or h), or
D) 500 000 CZK, where an offense under subparagraph a).
(3) An offense under subsection 1. b) committed
sampling of surface waters without a permit for water use shall be fined in the amount of times
rate of 40 CZK per 1 m3 of illegally withdrawn surface water and
total amount of these waters, up to a maximum of 500 000 CZK .
(4) An offense under subsection 1. b) committed
sampling of underground waters without a permit for water use shall be fined in the amount
times the rate of CZK 70 per 1 m3 of illegally withdrawn groundwater and the total amount
these waters, up to a maximum of 500 000 CZK .
(5) A fine for a misdemeanor committed by illegal collection of surface water or groundwater
can be imposed for a maximum period of 3 years preceding
date when the illegal water withdrawal was revealed. Penalty pursuant to paragraphs 3 or 4
can be reduced, if not for reasons worthy of special consideration.
Fine pursuant to paragraph 3 shall not be levied at a rate lower than CZK 10
1 m3 of illegally withdrawn surface water or at a rate lower than 25
CZK per 1 m3 of illegally withdrawn groundwater.
(6) If you can not determine the amount of surface water or groundwater
taken without permission for water use or contrary to it,
the authority imposing a fine amount of water consumed by the indicative figures
annual water needs by decree implementing the law on Water Supply and kanalizacích44a
). If you can not water abstracted
establish such a procedure, provides the authority imposing the fine estimation;
This is also based on the purpose of use of water abstracted and local conditions.
§ 117
Violation in the use of surface waters for navigation
(1) A natural person as the operator of the vessel commits an offense that
A) contrary to § 7 para. 2 equips vessels with the necessary equipment to
accumulation of sewage or equipment to an accumulation of waste water does not operate properly
or prevent leakage of waste water or harmful substances from vessels into
surface water
B) pumped waste water or harmful substances from vessels or vessel supplying
fuel or operating materials contrary to § 7 para. 4
C) uses a vessel with a combustion engine to sail on open water in
contrary to § 7 para. 5, or
D) uses a ship to sail against the specified range and
terms for use of surface waters for navigation under § 7 para. 5th
(2) An offense under paragraph 1 may be fined
A) to CZK 50 000, in the case of an offense under a); However, if the
leaking sewage or harmful substances into surface water can be saved
fine of up to CZK 200 000,
B) 100 000 CZK, if it is an offense under subparagraph b), or
C) 200 000 CZK, where an offense referred to in subparagraphs c) and d).
§ 118
Breach of other obligations in water management
(1) A natural person as a legitimate commits an offense that
A) treats surface water or groundwater under § 8 inconsistent with
permit for water use,
B) does not measure the amount of surface water or groundwater according to § 10 paragraph.
1 or 2, or
C) contrary to § 38 par. 4 does not measure the volume of wastewater discharged
Or their degree of contamination or the results of measurements does not pass to the water
office or
D) failing to disposal of waste water accumulated in non-outflow reservoir
according to § 38 par. 6
(2) A natural person as the acquirer of rights and obligations arising from
permits for water use, with the exception of a removal
surface or ground water exceeding 6,000 m3 per year or 500 m3 per month,
commits an offense by failing to report in accordance with § 11 para. 1
transition or transfer the land or building to which the authorization to use water
connected.
(3) An offense may be fined
A) up to CZK 5,000, in the case of an offense under paragraph 2
B) to CZK 50 000, in the case of an offense under subsection 1. b), c), d) or
C) 500 000 CZK, where an offense under subsection 1. and).
(4) An offense under subsection 1. a) committed
sampling of surface waters in contravention of permit for water use shall be fined in the amount
under § 116 paragraph. 3. The provisions of § 116 paragraph. 5 and 6 shall apply mutatis mutandis
.
(5) An offense under subsection 1. a) committed
sampling of underground waters in contravention of permit for water use shall be fined in the amount
under § 116 paragraph. 4. The provisions of § 116 paragraph. 5 and 6 shall apply mutatis mutandis
.
§ 119
Violation of the obligations of owners and builders of waterworks
(1) A natural person as the owner or builder of the waterworks
commits an offense that
) Does not maintain waterworks in good condition according to § 59 para. 1 point. b)
and
B) does not perform technical and safety supervision according to § 59 para. 1 point. C).
(2) A natural person as the owner or builder of the waterworks
I to IV. Category commits an offense if they fail to meet any of the obligations
in the implementation of technical and safety supervision according to § 62 paragraph. 4th
(3) A natural person as an owner or builder waterworks
I or II. Category commits an offense that has been dealt execution
safety work with the person in charge of the technical and safety supervision
according to § 75 para. 3rd
(4) A natural person as the owner of the waterworks commits an offense that
A) operates the waterworks in conflict with § 59 para. 1 point. a)
B) water authority fails to approve a proposal to modify
handling regulations pursuant to § 59 para. 1 point. a)
C) disregards instructions watercourse administrator in case of an emergency on the affected watercourse
according to § 59 para. 1 point. e)
D) does not remove objects and matter trapped by the water works according to § 59 paragraph
. 1 point. f)
E) does not place a brand, a brand or a water gauge A continuous or not allow
data on flow rates in the river or to ensure special treatment
spillway or outlet according to § 59 para. 1 point. g)
F) does not place navigation signs in accordance with § 59 para. 1 point. h)
G) fails to technical revision of the water works, does not pass the results of the review
water authority or deletes detected defects according to § 59 para. 1
point. k)
H) fails or fails to approve the order handling
water project or a proposal to supplement, change or modification in accordance with § 59 para. 5, or
I) comply with the obligation to protect against floods in accordance with § 84
(5) A natural person as the owner of the levee serving for flood protection
, impoundment or accumulation of surface water
commits an offense that does not remove natural seeding vegetation according to § 59 para. 1 point. j).
(6) A natural person as the owner of the waterworks serving for impounding water
commits an offense that
) Does not maintain in proper condition the bottom and banks of the watercourse and
does not create conditions for the migration of aquatic organisms, unless the building according to § 59 paragraph
. 1 point. i), or
B) notifies the special flood hazard or does not warn in case
danger of default under imminent threat of physical or legal persons
according to § 73 para. 3rd
(7) An offense may be fined
A) up to 20 000 CZK, if it is a misdemeanor pursuant to paragraph 2 or 4
point. f), g), h), i)
B) 100 000 CZK, if it is a misdemeanor pursuant to paragraph 4. b), c), d), e
), paragraph 5 or 6 point. a)
C) 500 000 CZK, where an offense under subsection 1. b)
paragraph 3, or
D) to CZK 1 000 000, in the case of an offense under subsection 1. a)
to paragraph 4. a) or paragraph 6 point. b).
§ 120
Violation of the obligations of owners of land, buildings and equipment
(1) A natural person as the land owner commits an offense that
fulfill the obligation under § 27th
(2) A natural person as the owner of the land on which it is located
bed of the watercourse, commits an offense that does not fulfill the obligation under § 50.
(3) A natural person as the owner of land adjacent to the bed of the watercourse
commits an offense that does not fulfill the obligation under § 51 paragraph
. 1st
(4) A natural person as the owner of the building or facility in the bed of a watercourse
commits an offense contrary to § 52. 1
not remove objects caught or stuck on construction or equipment.
(5) A natural person as the owner of the building, which is not water work, or
device in the bed of a watercourse commits an offense contrary
with § 52. 2 does not remedy the smooth surface runoff | || waters.
(6) A natural person as the owner of the land on which it resides
structure for land reclamation or its part that
associated with more land and was established in the public interest, and that was
built before the effectivity of this Act, commits an offense that
A) inconsistent with § 56 par. 4 point. a) refuses the structure for water management
land reclamation or its part
B) uses the land in contravention of § 56 par. 4 point. b)
C) contrary to § 56 par. 4 point. c) fails to report to the owner of the structure
land reclamation or water authority, obvious defects
its functions, or
D) contrary to § 56 par. 4 point. d) refuses use of land for maintenance
structures for land reclamation.
(7) A natural person as the owner of land adjacent to the water works
commits an offense that does not allow entry or vehicles to land in accordance with §
60 par. 1
(8) An offense may be fined
A) up to CZK 5,000, in the case of an offense under paragraph 6 point. c)
B) to CZK 10 000, in the case of an offense under paragraph 6 point. b)
C) to CZK 20 000, in the case of an offense referred to in paragraphs 1-3, paragraph 5, paragraph 6
point. a) and d) or paragraph 7, or
D) to CZK 50 000, in the case of an offense under paragraph 4.
§ 121
Violation of the obligations of owners of land, buildings and equipment and movable property owners
flood protection
(1) A natural person as the owner of the land or building
commits an offense that contrary to § 63 para. 3 does not allow entry or entry to
their land or buildings for flood protection.
(2) A natural person as the owner of the land or building that
located in floodplains or may worsen flooding
commits an offense that
A) has drawn a flood protection plan in accordance with § 71 para. 4 or 5 or
B) fails to comply with any of the obligations to prevent deterioration of the runoff
conditions or during floods under § 85.
(3) A natural person as the owner of the object
commits an offense by not ensuring flood safety work on the affected object
according to § 75 para. 3rd
(4) A natural person as the owner of movable property commits an offense
that cares about the placement or use of movable property in accordance with § 85 para.
Third
(5) An offense may be fined
A) 100 000 CZK, if it is a misdemeanor pursuant to paragraph 2. a)
paragraph 4 or
B) 500 000 CZK in the case of an offense under paragraph 1, paragraph 2.
B) or paragraph 3.
§ 122
Breach of duties when handling harmful substances
(1) An individual who holds a permit to discharge waste water containing
especially dangerous substances into the sewer, commits
offense that
A) discharged wastewater containing especially dangerous substances into the sewer
inconsistent with the permission of the water authority pursuant to § 16 par. 1 or 2
or
B) contrary to the decision of the water authority pursuant to § 16 para. 4
does not measure the volume of wastewater discharged or their degree of pollution
particularly dangerous harmful substances or measurement results not pass.
(2) A natural person who is treated with harmful substances to a greater extent
or manipulation is associated with an increased risk of surface water or groundwater
commits an offense that
A) treats them without an approved emergency plan pursuant to § 39 par. 2
point. a) or
B) does or does not keep records of the measures taken pursuant to § 39 paragraph
. 2 point. b).
(3) A natural person who treats especially hazardous substances or hazardous substances or
treated with harmful substances to a greater extent
or manipulation is associated with increased risk, the
commits an offense to fulfill any of its obligations under § 39 paragraph
. 4th
(4) A natural person who treats especially hazardous substances, the
commits an offense that does not records or information
according to § 39 paragraph. 6th marketed or sold to consumers works
means for textile laundering contrary to § 39 paragraph. 10th
(6) An offense may be fined
A) to CZK 50 000, in the case of an offense under paragraph 1, paragraph 2.
B) or subsection 4; if the offense was committed under paragraph 1
draining waste water containing especially dangerous substances into the sewer,
can be fined up to CZK 500 000
B) 200 000 CZK, if it is a misdemeanor pursuant to paragraph 2. a) or
C) 500 000 CZK, where an offense referred to in paragraphs 3 and 5.
(7) In setting the fine for the offense under paragraph 1 shall take into account
fine imposing body especially the circumstances under which the illegal
use occurred, as to how the individual progeny of removal or
mitigate harmful consequences, the quantity and nature
leaked substance to the place where the actual threat has occurred, the quantity and nature
harmful substances that penetrate into surface or groundwater,
harmful consequences and possibilities of their elimination and the impact
harmful substance on the quality of these waters and the degree of protection of the territory.
§ 123
Violation of duty in accidents
(1) A natural person as the cause of the accident commits an offense that
A) fails immediate measures to eliminate the causes or consequences of an accident or
during its removal does not follow the approved
emergency plan or instructions of the water authority or the Czech Environmental Inspectorate
environment according to § 41 paragraph. 1, || |
B) does not report the accident immediately according to § 41 paragraph. 2, or
C) fails to comply with an invitation to cooperate in the implementation of measures to eliminate
causes or consequences of the accident according to § 41 paragraph. 5th
(2) A natural person commits an offense in a crash that
A) fails to report an accident immediately, he realized according to § 41 paragraph. 2
B) fails to provide the requested data on accidents according to § 41 paragraph. 6, or
C) a person who was imposed a remedial measure fails
land or building, which had to be used for removing defective state,
to its previous status under § 42 para. 8th
(3) An offense may be fined
A) to CZK 50 000, in the case of an offense under subsection 2. b)
B) 100 000 CZK, in the case of an offense under subsection 1. c) or
paragraph 2. a), c) or
C) 500 000 CZK, where an offense under subsection 1. a) and b).
§ 124
Violation of duty administrator of a small watercourse
(1) The person who is an administrator of a small watercourse or stretch
commits an offense that
A) fulfill any of the obligations pursuant to § 47 para. 2
B) does not provide flood safety work in accordance with § 75 para. 3, or
C) does not fulfill the obligation in flood protection in accordance with § 83.
(2) An offense under paragraph 1 may be fined
A) to CZK 50 000, in the case of an offense under a), or
B) 200 000 CZK, where an offense referred to in subparagraphs b) and c).
§ 125
Violation fee obligations
(1) A natural person commits an offense as a polluter that
A) contrary to § 91 para. 1 following
concentration of pollution in discharged waste water or measure the volume of discharges
water
B) contrary to § 91 para. 1 does not operational records of monitoring and measurement
pollution concentrations in discharged waste water or
their volume or keep documents for its management, or
C) to allow persons authorized inspection laboratories and measuring groups and
persons carrying out activities in accordance with § 126b enter the controlled
objects or fails to provide them with the necessary documents for inspection or fails
conditions of sampling all outlets controlled
pollution sources according to § 92 paragraph. 3rd
(2) An offense may be fined
A) to CZK 50 000, in the case of an offense under subsection 1. b), c), or
B) 100 000 CZK, in the case of an offense under subsection 1. and).
Part 2
Administrative offenses of legal entities and individuals
§ 125a
(1) A legal or natural person commits an administrative offense
that
A) fails to comply with any decision or measure of a general nature issued for the purpose
modification, restriction or prohibition of the use of surface water
according to § 6 par. 4
B) manages surface water or groundwater pursuant to § 8. 1
without permission for water use,
C) carry out activities pursuant to § 14 para. 1 without the permission of the water authority
or contrary to it,
D) contrary to § 16 para. 1 or 2 launches without permission of the water authority
into drains waste water containing especially dangerous substances
,
E) carry out the construction, facility or activity according to § 17 para. 1
without the approval of the water authority or contrary to it,
F) violates the prohibition under § 28 par. 2
G) violates the prohibition under § 30 paragraph. 7 or 8
H) fails to take technical measures or use of land or buildings in
inconsistent with the general measure pursuant to § 30 paragraph. 10
I) fails to comply with the action program in the vulnerable areas according to § 33 para. 2
J) shall release the fish or other aquatic animals, alien, genetically
improper or unverified populations of native species in the water
courses or water tanks in conflict with § 35 para. 3,
K) discharged mine water into surface water or groundwater in conflict with §
38 par. 3,
L) in contravention of § 39 par. 1 fails when handling harmful substances
adequate measures in order to get into surface water or groundwater, and
thus endangering their environment
M) breaching the ban on washing of motor vehicle or operating mechanism
according to § 39 par. 9
N) violates the prohibition under § 46 para. 1
O) violates the prohibition under § 58 par. 1 or limitation under § 58 par. 3,
P) fails to comply with the obligation to provide protection against floods according to § 63 paragraph
. 3
Q) violates the prohibition of activities in the active zone of the flooded area according to § 67 paragraph
. 2
R) launches mine water without fulfilling the conditions laid down by the water
Office or in conflict with them,
S) treated with waters in contravention of the decision or measure of a general nature
according to § 109 para. 1 or implement measures imposed under § 109
paragraph. 2, or
T) fails to comply with the measures imposed under § 110 paragraph. 1 or § 112.
1 point b).
(2) For an administrative offense under paragraph 1 shall be imposed
A) to CZK 20,000 in the case of an administrative offense under subparagraph a), g), o) or
p)
B) 100 000 CZK, for an administrative offense under subparagraph f), i), j), k)
m), q) or with)
C) 500 000 CZK, for an administrative offense under subparagraph b), c), e), h)
n) or t)
D) to CZK 1 000 000 in the case of an administrative offense under subparagraph l) or r) or
E) to 5,000,000 CZK, for an administrative offense under d).
(3) for an administrative offense under paragraph 1. b) committed
discharge of wastewater into surface or groundwater without permits
water use shall be fined up to 5 million CZK.
(4) for an administrative offense under paragraph 1. b) committed
sampling surface waters without a permit for water use shall be fined in the amount
times the rate of CZK 40 per 1 m3 of illegally withdrawn surface water
and the total amount of these waters, but not exceeding EUR 10 million CZK.
(5) for an administrative offense under paragraph 1. b) committed
sampling groundwater without a permit for water use shall be fined in the amount
times the rate of CZK 70 per 1 m3 of illegally withdrawn groundwater and
total amount of these waters, but not exceeding EUR 10 million CZK.
(6) The fine for an administrative offense committed by illegal collection of surface water or groundwater
may be imposed for a maximum period of 3 years
preceding the date when the illegal water withdrawal was revealed.
Rate fines in accordance with paragraph 4 or 5 may be reduced if the reasons for this
worthy of special consideration. The fine under paragraph 4 shall not be
levied at a rate of less than 10 CZK per 1 m3 of illegally withdrawn
surface water or at a rate lower than CZK 25 per 1 m3 of illegally withdrawn groundwater
.
(7) If you can not determine the amount of surface water or groundwater
taken without permission for water use or contrary to it,
The authority imposing a fine amount of water consumed by the indicative figures
annual water needs by decree implementing the Law on Water Supply and kanalizacích44a
). If you can not water abstracted
establish such a procedure, provides the authority imposing the fine estimation;
This is also based on the purpose of use of water abstracted and local conditions.
§ 125b
Violation in the use of surface waters for navigation
(1) The legal entity or a natural person as the operator
vessel commits an administrative offense that
A) contrary to § 7 para. 2 equips vessels with the necessary equipment to
accumulation of sewage or equipment to an accumulation of waste water does not operate properly
or prevent leakage of waste water or harmful substances from vessels into
surface water
B) fails to ensure the operator's obligations special ship designed to carry
fuel and waste from vessels under § 7 para. 3,
C) pumped waste water or harmful substances from vessels or vessel supplying
fuel or operating materials contrary to § 7 para. 4
D) uses a vessel with a combustion engine to sail on open water in
contrary to § 7 para. 5, or
E) uses a ship to sail against the specified range and
terms for use of surface waters for navigation under § 7 para. 5th
(2) The operator of a port or operation of the ship commits an administrative offense
that contrary to § 7 para. 3 vessels supplying fuel and operating
materials or eliminates waste water or harmful substances from vessels
in ports or using a utility boat so that it is not excluded
pollution of surface water or groundwater.
(3) An administrative offense shall be imposed
) Up to 50 000 CZK, for an administrative tort pursuant to paragraph 1. and);
If, however, leakage of waste water or harmful substances into surface waters
can be fined up to CZK 200 000,
B) 100 000 CZK, for an administrative offense under paragraph 1. c)
and
C) 200 000 CZK, for an administrative offense under paragraph 1. b)
d), e) or paragraph 2.
§ 125c
Breach of other obligations in water management
(1) The legal entity or a natural person as an authorized
commits an administrative offense by
A) treats surface water or groundwater under § 8 inconsistent with
permit for water use,
B) does not measure the amount of surface water or groundwater according to § 10 paragraph.
1 or 2, or
C) contrary to § 38 par. 4 does not measure the volume of wastewater discharged
or their degree of contamination or the results of measurements does not pass to the water
office or
D) failing to disposal of waste water accumulated in non-outflow reservoir
according to § 38 par. 6
(2) A legal or natural person as transferee
rights and obligations arising from permits for water use, except
permits for the abstraction of surface water or groundwater exceeding 6,000
m3 per year or 500 m3 per month, commits an administrative offense that
notifies pursuant to § 11 para. 1 crossing the land or building to which it is
permits for water use associated.
(3) An administrative offense shall be imposed
A) 5 000 CZK, for an administrative offense under paragraph 2
B) up to 50 000 CZK, for an administrative offense under paragraph 1. b), c), d
) or
C) 500 000 CZK, for an administrative tort pursuant to paragraph 1. and).
(4) for an administrative offense under paragraph 1. a) committed
discharge of wastewater into surface water or groundwater in violation of an authorization
water disposal will be fined up to 5 million CZK.
(5) for an administrative offense under paragraph 1. a) committed
sampling of surface waters in contravention of permit for water use can save
fine in the amount determined pursuant to § 125a paragraph. 4. The provisions of § 125a paragraph.
6 and 7 shall apply mutatis mutandis.
(6) for an administrative offense under paragraph 1. a) committed
groundwater sampling at variance with the permit for water use can save
fine in the amount determined pursuant to § 125a paragraph. 5. The provisions of § 125a paragraph.
6 and 7 shall apply mutatis mutandis.
§ 125d
Violation of the obligations of owners and builders of waterworks
(1) A legal or natural person as the owner or builder of the waterworks
I to IV. Category commits an administrative offense
that
) Does not maintain waterworks in good condition according to § 59 para. 1 point. b)
and
B) does not perform technical and safety supervision according to § 59 para. 1 point. C).
(2) A legal or natural person as the owner or builder of the waterworks
I to IV. category
commits an administrative offense by failing to meet any of the obligations in the implementation
technical and safety supervision according to § 62 paragraph. 4th
(3) A legal or natural person as the owner or builder of waterworks
I or II. Category commits an administrative offense
that it does not discuss the implementation of security work with the responsible person
implementation of technical and safety supervision according to § 75 para. 3rd
(4) A legal or natural person as the owner of the water
works commits an administrative offense that
A) operates the waterworks in conflict with § 59 para. 1 point. a)
B) water authority fails to approve a proposal to modify
handling regulations pursuant to § 59 para. 1 point. a)
C) disregards instructions watercourse administrator in case of an emergency on the affected watercourse
according to § 59 para. 1 point. e)
D) does not remove objects and matter trapped by the water works according to § 59 paragraph
. 1 point. f)
E) does not place a brand, a brand or a water gauge A continuous or not allow
data on flow rates in the river or to ensure special treatment
spillway or outlet according to § 59 para. 1 point. g)
F) does not place navigation signs in accordance with § 59 para. 1 point. h)
G) fails to technical revision of the water works, does not pass the results of the review
water authority or does not remove the defects found by the 59 paragraph. 1
point. k)
H) fails or fails to approve the order handling
water project or a proposal to supplement, change or modification in accordance with § 59 para. 5, or
I) comply with the obligation to protect against floods in accordance with § 84
(5) A legal or natural person as the owner of the dam
serving for flood protection, damming or accumulation of surface waters
commits an administrative offense, are not eliminated by natural seeding vegetation
§ 59 paragraph. 1 point . j).
(6) A legal or natural person as the owner of the water
works pertaining to the impoundment commits an administrative offense that
) Does not maintain in proper condition the bottom and banks of the watercourse and
does not create conditions for the migration of aquatic organisms, unless the building according to § 59 paragraph
. 1 point. i), or
B) notifies the danger of special flood or does not warn in case
danger of default under imminent threat of physical or legal persons
according to § 73 para. 3rd
(7) An administrative offense shall be imposed
A) up to 20 000 CZK, for an administrative tort pursuant to paragraph 2 or 4
point. f) g) h)
B) 100 000 CZK, for an administrative offense pursuant to paragraph 4. b)
c), d), e), i), paragraph 5 or paragraph 6 point. a)
C) 500 000 CZK, for an administrative tort pursuant to paragraph 1. b)
or paragraph 3 or
D) 1 000 000 CZK, for an administrative tort pursuant to paragraph 1. a)
to paragraph 4. a) or paragraph 6 point. b).
§ 125e
Violation of the obligations of owners of land, buildings and equipment
(1) A legal or natural person as the owner of land
commits an administrative offense by failing to fulfill the obligation under § 27th
(2) A legal or natural person as the owner of the land on which
located watercourse, commits an administrative offense, that
fulfill the obligation under § 50.
(3) A legal or natural person as the owner of land
adjacent to the watercourse commits an administrative offense that
fulfill the obligation pursuant to § 51 paragraph. 1st
(4) A legal or natural person as the owner of the building or facility
in the bed of a watercourse commits an offense contrary
with § 52 paragraph. 1 does not resolve objects caught or stuck on construction or || | device.
(5) A legal or natural person as the owner of the building, which is not
water work, or equipment in the bed of a watercourse
commits an administrative offense that contrary to § 52 paragraph. 2 does not remedy | || the smooth runoff of surface water.
(6) A legal or natural person as the owner of the land on which
building is located on land reclamation or
its part, related to more land and was established in the public interest
, that was constructed before the effectivity of this Act, commits
Administrative offense that
A) inconsistent with § 56 par. 4 point. a) refuses the structure for water management
land reclamation or its part
B) uses the land in contravention of § 56 par. 4 point. b)
C) contrary to § 56 par. 4 point. c) fails to report to the owner of the structure
land reclamation or water authority, obvious defects
its functions, or
D) contrary to § 56 par. 4 point. d) refuses use of land for maintenance
structures for land reclamation.
(7) A legal or natural person as the owner of land adjacent to the water
part commits an administrative offense by not allowing
entrance or driveway to the land under § 60 par. 1
(8) An administrative offense shall be imposed
A) up to 20 000 CZK, for an administrative offense under paragraph 6 point. c)
B) up to 50 000 CZK, for an administrative offense under paragraph 3 or paragraph 6
point. b)
C) 100 000 CZK, for an administrative offense under paragraph 1, paragraph 2
paragraph 5, paragraph 6 point. a), d) or paragraph 7, or
D) 200 000 CZK, for an administrative offense under paragraph 4.
§ 125f
Violation of the obligations of owners of land, buildings and equipment and movable property owners
flood protection
(1) A legal or natural person as the owner of land or buildings
commits an administrative offense, contrary to § 63 para. 3
allow entry or entry of land or buildings to provide protection | || flood.
(2) A legal or natural person as the owner
land or buildings that are located in floodplains or may aggravate the flood
, commits an administrative offense that
A) has drawn a flood protection plan in accordance with § 71 para. 4 or 5 or
B) fails to comply with any of the obligations to prevent deterioration of the runoff
conditions or during floods under § 85.
(3) A legal or natural person as the owner of the object
commits an administrative offense by not ensuring flood
safety work on the said object in accordance with § 75 para. 3rd
(4) A legal or natural person as the owner of movable property
commits an administrative offense that cares about the placement or use of movable property
according to § 85 para. 3rd
(5) An administrative offense shall be imposed
A) 100 000 CZK, for an administrative offense pursuant to paragraph 2. a)
paragraph 4 or
B) 500 000 CZK, for an administrative tort pursuant to paragraphs 1, 2
point. b) or paragraph 3.
§ 125 g
Breach of duties when handling harmful substances
(1) A legal or natural person who holds
permit to discharge waste water containing especially dangerous substances
into drains, commits an administrative offense by
A) discharged wastewater containing especially dangerous substances into the sewer
inconsistent with the permission of the water authority pursuant to § 16 par. 1
or 2
B) contrary to the decision of the water authority pursuant to § 16 para. 4
does not measure the volume of wastewater discharged or their degree of pollution
particularly dangerous harmful substances or measurement results not pass.
(2) A legal or natural person who treats
harmful substances to a greater extent or handling
is associated with increased risk of surface water or groundwater,
commits an administrative offense by that
A) treats them without an approved emergency plan pursuant to § 39 par. 2
point. a) or
B) does or does not keep records of the measures taken pursuant to § 39 paragraph
. 2 point. b).
(3) A legal or natural person who treats separately
hazardous substances or hazardous substances or treats
harmful substances to a greater extent or manipulation is associated with an increased risk of
commits an administrative offense if it fails to comply with any of the obligations
according to § 39 paragraph. 4th
(4) A legal or natural person who treats separately
dangerous substances commits an administrative offense if it does not
records or information pursuant to § 39 paragraph. 6th
(5) A legal entity or natural person commits an administrative offense
that is marketed or sold to consumers
washing equipment for textile laundering contrary to § 39 paragraph. 10th
(6) An administrative offense shall be imposed
A) 100 000 CZK, for an administrative offense under paragraph 1. b)
paragraph 2. b) or subsection 4
B) 500 000 CZK, for an administrative offense pursuant to paragraph 2. a)
C) 1 000 000 CZK, for an administrative offense under paragraphs 3 and 5, or
D) to 5,000,000 CZK, for an administrative offense under paragraph 1. and).
(7) In setting the fine for an administrative offense under paragraph 1
the fine imposing body will, in particular, under which
illegal use occurred, as to how the legal entity or individual entrepreneur
progeny to eliminate or mitigate harmful consequences,
quantity and nature of the leaked substance to the place where the actual threat
occurred, the amount and nature of harmful substances, which penetrated into
surface or ground waters, harmful
consequences and possibilities of their elimination and the impact of the harmful substances on the quality of these waters and
degree of protection of the territory.
§ 125h
Violation of duty in accidents
(1) The legal entity or a natural person as the cause of the accident
commits an administrative offense that
A) fails immediate measures to eliminate the causes or consequences of an accident or
during its removal does not follow the approved
emergency plan or instructions of the water authority or the Czech Environmental Inspectorate
environment according to § 41 paragraph. 1, || |
B) does not report the accident immediately according to § 41 paragraph. 2, or
C) fails to comply with an invitation to cooperate in the implementation of measures to eliminate
causes or consequences of the accident according to § 41 paragraph. 5th
(2) A legal or natural person in a crash
commits an administrative offense by
A) fails to report an accident immediately, he realized according to § 41 paragraph. 2
B) fails to provide the requested data on accidents according to § 41 paragraph. 6, or
C) a person who was imposed a remedial measure fails
land or building, which had to be used for removing defective state,
to its previous status under § 42 para. 8th
(3) An administrative offense shall be imposed
A) up to 50 000 CZK, for an administrative offense pursuant to paragraph 2. b)
B) 100 000 CZK, for an administrative offense under paragraph 1. c)
or paragraph 2. a), c) or
C) 500 000 CZK, for an administrative tort pursuant to paragraph 1. ) and
b).
§ 125i
Violation of duty watercourse administrator and the administrator basin
(1) The legal entity or a natural person as an administrator of a small watercourse
commits an administrative offense that
A) fulfill any of the obligations pursuant to § 47 para. 2
B) does not provide flood safety work in accordance with § 75 para. 3, or
C) does not fulfill the obligation in flood protection in accordance with § 83.
(2) The legal person as administrator of significant water flow
commits an administrative offense by
A) fulfill any of the obligations pursuant to § 47 para. 2
B) does not provide flood safety work in accordance with § 75 para. 3, or
C) does not fulfill the obligation in flood protection in accordance with § 83.
(3) The legal person as administrator basin
commits an administrative offense by not performing duty in flood protection in accordance with § 82.
(4) An administrative offense shall be imposed
) Up to 50 000 CZK, for an administrative tort pursuant to paragraph 1. a)
B) 100 000 CZK, for an administrative offense pursuant to paragraph 2. a)
C) 200 000 CZK, for an administrative offense under paragraph 1. b)
c) or
D) to 500,000 CZK, for an administrative offense pursuant to paragraph 2. b), c) or paragraph 3.
§ 125j
Breach of obligations of the municipality
(1) The municipality commits an administrative offense if it fails to submit an application for planning permission
according to § 92 of the Building Act in order to meet
obligations laid down in Art. II section 6 of the Act no. 20/2004 Coll.
(2) An administrative offense shall be fined up to 1 million CZK.
§ 125k
Violation fee obligations
(1) A legal or natural person as a polluter
commits an administrative offense that
A) contrary to § 91 para. 1 following
concentration of pollution in discharged waste water or measure the volume of discharges
water
B) contrary to § 91 para. 1 does not operational records of monitoring and measurement
pollution concentrations in discharged waste water or
their volume or keep documents for its management, or
C) to allow persons authorized inspection laboratories and measuring groups and
persons carrying out activities in accordance with § 126b enter the controlled
objects or fails to provide them with the necessary documents for inspection or fails
conditions of sampling all outlets controlled
pollution sources according to § 92 paragraph. 3rd
(2) An administrative offense shall be imposed
) Up to 50 000 CZK, for an administrative tort pursuant to paragraph 1. b), c), or
B) 100 000 CZK, for an administrative offense under paragraph 1. and).
Part 3
Joint provisions on administrative offenses
§ 125 l
(1) A legal person for an administrative delict if it proves that
made every effort that could be required to breach
legal obligations prevented.
(2) In assessing the fine legal person takes into account the seriousness
administrative offense, especially the manner of its commission and its consequences
and the circumstances under which it was committed.
(3) The Czech Environmental Inspectorate or municipal authority with extended powers
may, on application to the offender to stop
administrative proceedings if the offender receives
practical measures to eliminate the consequences of the breach, as well i
measures to prevent further threats or
pollution of groundwater or surface water, and the imposition of fines by reference to the costs
taken measures would lead to unreasonable hardship. Due to the implementation of measures preventing from
produce other adverse consequences can be
proceedings on administrative offense interrupt.
(4) The liability of a legal person for an administrative tort shall expire if
administrative authority has initiated proceedings within 1 year of the date when it became
but no later than 3 years after the date on which it was committed .
(5) The rate of fines for administrative offenses under this Act shall be increased to twice
for a maximum of EUR 20 million CZK, if the same
administrative offense was committed repeatedly. Administrative offense is committed repeatedly
far from the day when the decision to impose a fine for the same administrative offense
came into force, has been less than one year.
(6) When determining the amount of the fine for the administrative offense committed
discharge of wastewater without a permit for water use or contrary to it,
the fine imposing body especially the degree of exceeding the conditions permit to discharge
these waters, the impact on the quality of surface water or groundwater
and its local scale, the degree of protection
territory concerned and the reason for illegal water discharge.
(7) The administrative offense pursuant to § 125j in the first instance
Czech Environmental Inspectorate. Administrative offenses under § 117 paragraph. 1 point.
C) and d) and § 125b paragraph. 1 point. d) e) In the first instance
State Navigation Administration. Other offenses under this Act shall be heard in the first instance
municipal authority with extended powers or
Czech Environmental Inspectorate. Discuss the administrative offense of
competent administrative authority which has previously initiated proceedings or if the proceedings
launched on the same day as municipal authority with extended powers.
(8) breach of the obligations laid down building regulations and related
with water cannons stored municipalities with extended powers
fines pursuant to special Act 4).
(9) Fines imposed by the Czech Environmental Inspectorate and the State
navigation management collected and enforced by the customs office.
The fine is payable within 15 days from the date when the decision on its imposition became legally
power.
(10) Fines imposed by the Czech Environmental Inspection and municipalities State
navigation management are revenue of the State Environmental Fund.
Other fines imposed by the Czech Environmental Inspectorate are 50%
budget revenue of the municipality in whose jurisdiction an administrative tort
committed, and 50% of income for the State Environmental Fund of the Czech Republic
. Fines imposed by a municipal authority with extended powers are
income for the municipality with extended powers.
(11) The liability for conduct that occurred in the business of a natural person
^ 44b), or in direct connection with the provisions
law on sanctions to legal persons.
44a) Act no. 274/2001 Coll., On water mains and sewer systems for public
use and amending some laws (the Water and Sewage)
Amended.
44b) § 2 para. 2 of Act no. 513/1991 Coll., The Commercial Code, as amended
. ".
204th In § 126 paragraph 5 reads:
"(5) Decisions under § 8. 1, § 12 para. 1, § 16 para. 1, § 17 paragraph
. 1, § 39 par. 2 point. a) be issued pursuant to this Act
if their extradition replaced by procedure in extradition proceedings
integrated permit pursuant to the Act on integrated prevention and control
pollution, the integrated pollution register and amending some laws
( integrated prevention Act).
Other provisions of this Act, including the time limit of validity permitted waste
waters, without prejudice and should be in the process according to the Act on integrated prevention
taken into account, with the exception of the requirement of the current edition
decision under § 9 paragraph. the fifth person having the right of decision
issued by the integrated prevention Act, shall be deemed
authorized under the water Act (§ 8 para. 2). ".
205th In § 126, paragraph 8 shall be added:
"(8) In proceedings under § 3 para. 3, § 8 par. 4, § 12 para. 1, § 38 paragraph
. 13, § 43 para. 2, § 44 para. 3, § 53, § 55. 4, § 56 par. 5
§ 61 paragraph. 6, § 64 para. 2 and § 71 para. 4, the
water authority of official authority. ".
206th In § 126b paragraph. 1, the word "temporarily" replaced by
"temporarily-45b)."
Footnote. 45b reads:
"45b) Directive of the European Parliament and Council Directive 2006/123 / EC of 12
December 2006 on services in the internal market.".
207th In Annex no. 1 in the section "Particularly hazardous substances' section 4 reads:
"4. substances or their decomposition products, which have been proved
carcinogenic or mutagenic properties which may affect
steroids, thyroid, reproduction or other endocrine-related functions in
aquatic environment or indirectly through the aquatic environment ".
-208. In Annex no. 1 in the "Hazardous substances", the following point 10 is added
:
. "10 Sedimentovatelné solids that have an adverse effect on the good
status of surface waters. ".
Art. II
Transitional provisions
First Permission for sampling groundwater, which is used to produce bottled
infant or spring water shall be deemed authorized to take
groundwater under the Act no. 254/2001 Coll., As amended, effective from the date of acquisition
of this Act, provided that the requirements under § 9
paragraph. 4 of Act no. 254/2001 Coll., As amended, effective from the date of entry into force of this Act
otherwise effective date of this Act
expire.
Second Protective zones determined under existing legislation shall be deemed
protective zones determined in accordance with § 30 paragraph. 1 of Law no.
254/2001 Coll., As amended, effective from the date of entry into force of this Act.
In case of changing or canceling existing protection zone established
under the existing legislation must guard band recently
procedure laid down under § 30 paragraph. 1 of Act no. 254/2001 Coll., As amended effective
the effective date of this Act.
Third The floodplains determined under existing legislation shall be deemed
floodplains determined in accordance with § 66 para. 7 of Law no.
254/2001 Coll., As amended, effective from the date of entry into force of this Act.
In case of changing or canceling existing floodplain
provided under the existing legislation is necessary floodplain newly
procedure laid down under § 66 para. 7 of the Act no. 254/2001 Coll., As amended effective
the effective date of this Act.
Fourth Flood risk assessment and defining areas with a significant flood risk
must be made no later than 22 December 2011.
Flood hazard maps and flood risk maps are completed by
22nd December 2013.
Fifth National river basin management plans and plans for flood risk management plans must be approved
no later than 22 December 2015.
6th Water authorities are obliged to decide issuing opinions and
implementation of other measures in accordance with Act no. 254/2001 Coll., As amended
effective date of this Act, based on the approved plans
respective catchment areas until the approval of new plans
under this Act in their respective basins.
7th The General Plan for the protected storage of surface water in accordance with § 28a
Paragraph. 2 of Act no. 254/2001 Coll., As amended by Act no. 181/2008 Coll., Is
reviewed and updated as part of the national river basin management plans.
8th Management has not been legally completed before the effective date
this Act shall be completed in accordance with existing legislation.
9th Commissioned water authorities competent under § 105 para. 2 of Law no.
254/2001 Coll., As amended effective on the effective date of this Act
completes commenced and lawfully still open proceedings.
Art. III
Authorization to publication of the full text of the Act
Prime Minister is authorized to make in the Collection of Laws the full wording
Act no. 254/2001 Coll., On waters and amending some laws (
Water Act), as amended, as follows from later laws.
PART TWO
Amendment to the Act on Offences
Art. IV
In Act no. 200/1990 Coll., On misdemeanors, as amended by Act no. 337/1992
Coll., Act no. 344/1992 Coll., Act no. 359/1992 Coll., Act No. .
67/1993 Coll., Act no. 290/1993 Coll., Act no. 134/1994 Coll., Act no. 82/1995
Coll., Act no. 237/1995 Coll., Act no. 279/1995 Coll., Act no. 289/1995
Coll., Act no. 112/1998 Coll., Act no. 168/1999 Coll., Act no. 360/1999
Coll. Law no. 29/2000 Coll., Act no. 121/2000 Coll., Act no. 132/2000
Coll., Act no. 151/2000 Coll., Act no. 258/2000 Coll., Act No. .
361/2000 Coll., Act no. 370/2000 Coll., the Constitutional court ruling promulgated under no.
52/2001 Coll., Act no. 164/2001 Coll., Act no. 254/2001 Coll., Act no.
265/2001 Coll., Act no. 273/2001 Coll., Act no. 274/2001 Coll., Act no. 312/2001 Coll
., Law no. 6 / 2002 Coll., Act no. 62/2002 Coll., Act no.
78/2002 Coll., Act no. 216/2002 Coll., Act no. 259/2002 Coll., Act no. 285
/ 2002 Coll., Act no. 311/2002 Coll., Act no. 320/2002 Coll., Act no.
218/2003 Coll., Act no. 274/2003 Coll., Act no. 362/2003 Coll., Act no.
47/2004 Coll., Act no. 436/2004 Coll., Act no. 501/2004 Coll., Act no.
559/2004 Coll., Law no. 586 / 2004 Coll., Act no. 95/2005 Coll., Act no.
379/2005 Coll., Act no. 392/2005 Coll., Act no. 411/2005 Coll., Act no. 57
/ 2006 Coll., Act no. 76/2006 Coll., Act no. 80/2006 Coll., Act no.
115/2006 Coll., Act no. 134/2006 Coll., Act no. 181/2006 Coll., Act no. 213/2006 Coll
., Act no. 216/2006 Coll., Act no. 225/2006 Coll., Act no. 226/2006 Coll
., Law no. 215 / 2007 Coll., Act no. 344/2007 Coll., Act no. 376/2007 Coll
., Act no. 129/2008 Coll., Act no. 274/2008 Coll., Act no. 309
/ 2008 Coll., Act no. 314/2008 Coll., Act no. 484/2008 Coll., Act no.
41/2009 Coll., Act no. 52/2009 Coll., Act no. 306/2009 Coll. and Act no. 346/2009 Coll
., § 34 including the title and footnote no. 11
repealed.
PART THREE
EFFICIENCY
Art. In
This Act shall take effect on the first day of the third calendar month
following its publication.
Vlcek vr
Klaus vr
Fischer vr
