76/2006 Coll.
LAW
Dated 3 February 2006
Amending Act no. 274/2001 Coll., On Water Supply and Sewerage
public use and amending some laws (Act on Water Supply and Sewerage
), as amended, and other related laws | ||
Parliament has passed this Act of the Czech Republic:
PART ONE
Amendment to the Water and Sewage
Article I
Act no. 274/2001 Coll., On water mains and sewer systems for public use
and amending some laws (the Water and Sewage)
in the wording of Act no. 320/2002 Coll., Act No. . 274/2003 Coll., Act no. 20/2004
Coll., Act no. 167/2004 Coll. and Act no. 127/2005 Coll., is amended as follows:
First In § 1, paragraph 3, including footnote no. 1 reads:
"(3) This Act shall not apply to water and sewerage systems, where the
average daily production of less than 10 m3 or if the number of individuals using
permanent water supply or sanitation less than 50, for water mains
used for continuous distribution of non-potable water ^ 1) and oddílné
drains used to drain surface water runoff generated
rainwater (hereinafter referred to as "rain water"). This law does not apply further
on the water supply and sewerage, which is connected to at least one subscriber
.
1) § 3 para. 1 of the Act no. 258/2000 Coll., on protection of public health and amending certain related
laws, as amended.
Decree no. 252/2004 Coll., laying down the health requirements
drinking and hot water and the frequency and scope of drinking water control, as amended by Decree No.
. 187/2005 Coll. ".
Second In § 1 para. 4, the reference to footnote no. 1 is deleted.
Third Footnote. 2 reads:
"2) § 55 paragraph. 1 point. C) of the Act no. 254/2001 Coll., On waters and amending some laws
(Water Act), as amended by Act no. 20/2004 Coll.".
Fourth In § 2, Subsection 2, including footnote no. 3 reads:
"(2) Sewer operationally separate file structures and equipment including
sewer for wastewater discharge ^ 3) and rain water
together or separately sewage and rainwater separately
sewer facilities, sewage treatment plants, as well as building cleaning
wastewater before it is discharged into drains. drains If
sewage and rainwater together, it is an integrated sewerage system.
If diverts waste water separately and rainwater separately,
it is a storm sewer. Sewer water works.
3) § 38 of Act no. 254/2001 Coll., as amended by Act no. 20/2004 Coll. " .
Fifth In § 2, paragraph 3, including footnote no. 3 reads:
"(3) Operation of water or sewerage system is a set of activities which
ensure the supply of drinking water or wastewater collection and treatment.
Understood it especially observance of technological procedures for the collection, treatment and transportation
drinking water, including the handling, cleaning and
wastewater discharges, compliance with operating or handling orders
^ 3), sewage system, the management of operational documentation, operational and billing
measurements, keeping the water mains and sewers,
preparation of data for calculating the price for water and sewerage, and other related activities
; it does not manage water and sewerage systems and their development
.
3a) § 59 para. 2 of Law no. 254 / 2001 Sb.
§ 4, paragraph. 3 of Law no. 258/2000 Coll., as amended by Act no. 274/2003 Coll. ".
6th In § 2 paragraph 4 reads:
"(4) water supply or sewerage (hereinafter" operator ")
is a person who operates a water supply or sanitation and holds
permit for the operation of water supply and sewerage
issued by the regional office under § 6. ".
7th In § 2, paragraphs 6 and 7 are added:
"(6) Inner water conduit piping intended for distribution of water on the land or building
which follows the end of a water connection. The internal water supply is water works
.
(7) Internal sewerage piping intended for wastewater discharge, or even
rainwater from the land or building up to the point of connection to the sewer connection
. Internal drainage is not water works. ".
8th In § 3 para. 8, the word "village" is replaced by "municipal authority".
9th Under § 3, the following new § 3a is inserted:
"§ 3a
(1) In case if the land or buildings connected to the water supply or sewerage
divided into two or more pieces of land registered in the Land
Properties with different owners, these owners can establish new connections
.
(2) If connections and internal water mains or internal sewerage
divided land or buildings are, from a technical viewpoint character
operationally related water supply or sewerage, water authority
decides to change the water or sewer connections and internal parts
water mains or internal sewerage to water supply or sewerage
operationally related. Water authorities in order to issue a decision under this paragraph
seek the opinion of the relevant planning authority.
(3) The Building Authority will decide on the amendment of the internal water or
internal sewerage to water or sewer connections. ".
10th, § 4, paragraph 2, including footnotes Nos. 7 and 7a reads:
"(2) When drawing up the development plan for water supply and sewerage
processor based on zoning plan of a large territorial unit processed by
special Act 7) and the respective river basin district plan by
special legislation 7a) when given territory
processed and approved.
7) § 9 of the Act no. 50/1976 Coll., On territorial planning and building regulations
(Building Act), as amended by Act no. 83/1998 Coll.
7a) § 25 of Act no. 254/2001 Coll., As amended by Act no. 20/2004 Coll. ".
11th in § 4 para. 3 first sentence, the words" (hereinafter "Ministry") "
words" competent administrator basin. "
12th in § 4 para. 6 of the first sentence the words" approved by the county change "
inserted the words" and update "and in the second sentence, the words" approval of changes "
words" and update ".
13th in § 4 para. 7, the word" Act ^ 9) "is replaced by" legal || | prescription ^ 9) and the river basin district plan under a special legal regulation
^ 7a) "and the word" community "with the words" and the region ".
14th in § 5 para. 2 the words "according to special Act 11)" are replaced
words "under special legal regulations 3a)."
15th Footnote. 11 is deleted.
16th in § 5, paragraph. 3, the words "31 January" are replaced by "28 February
."
17th in § 5 para. 4, the words "31 March" is replaced by "
30th April. "
18th § 6 para. 2, letter c) reads:
" c) herself or her authorized representative meets the qualification requirements for adequate
operation water supply or sewerage for which
permit to operate issued, in accordance with the equity
records kept pursuant to § 5 para. 1, depending on the number of individuals permanently
using these water mains or sewer, and it :
First secondary education with GCSE in the field of education content
focused on water and sanitation or in a related field and have at least
4 years experience in the field of water and sanitation, in the case of a maximum of 5,000 individuals permanently
using these water mains or sewers;
Second higher education by completing an accredited study program in the field
water and sewerage systems and have at least 2 years of experience in the field
water and sewer, if it is more than 5,000 individuals
people permanently using this pipe or sewer. ".
19th in § 6, paragraph 3 reads:
" (3) the Regional Authority issued a permit to operate a water supply or sewerage
unless provided otherwise by this Act, unless :
A) a permit to operate the water supply and sewage systems, which are subject
application for the permit was issued to another person,
B) a permit to operate a water supply or sewage system asks the person to whom
was canceled permits to operate water supply and sewerage
by paragraph 9 or
C) prior authorization for the operation of water supply and sewerage, which
are the subject of an application for a permit was revoked pursuant to paragraph 9
point. b) has not been removed and the reason for the abolition of the prior authorization
.. "
20th in § 6, after paragraph 3 the following paragraph 4 is added:
" (4) in the cases referred to in paragraph 3. b) or c), the regional
authority to issue permits to operate water supply and sewerage
only with the prior consent of the Ministry. ".
Former paragraphs 4-11 shall be renumbered 5 to 12 || |
21st § 6 para. 5, after the word "shall" the words "name or
name, surname, date of birth and permanent address of the person responsible
or its representative referred to in paragraph 2 point. c) a ".
22nd in § 6, paragraphs 6 and 7 are added:
" (6) Without fulfilling the conditions set out in paragraph 2. a) regional office
Issue a permit to operate a water supply or sewerage, or those municipalities
state organizational units which do not operate water supply and sewerage
for profit.
(7) Regional Office shall cancel the authorization to operate the water supply or sewerage
if the operator no longer fulfills the conditions for
permit to operate a water supply or sewer referred to in paragraph 2
point. a), b) or c). The revocation of a license to operate a water supply or sewerage
Regional Authority immediately inform the Ministry and relevant
Trade Office. ".
23rd in § 6, after paragraph 7 the following paragraph 8 is added: | ||
"(8) the Regional Authority decision amending the authorization for the operation of water supply and sewerage
changes if the enumeration water supply or sewerage for which
has permission to operate water supply and sewerage issued or
if there is a change of the person responsible representative of the operator. ".
Former paragraphs 8-12 as paragraphs 9 to 13
24th in § 6 paragraphs 9 to 11, including footnote no. 12a added:
"(9) the Ministry shall revoke a permit to operate a water supply or sewerage
if
A) the operator over the previous notification of the Ministry
repeatedly fails to comply with or contravenes the provisions of this Act or special legislation
^ 12a), or
B) technical audit (§ 38) revealed serious shortcomings;
revocation of the authorization shall inform the appropriate regional office and
respective Trade Office.
(10) Regional Office informs a permit to operate a water supply or sewerage
about their ministry changed immediately.
(11) The Ministry shall issue a decree particulars of an application for a permit to operate
water supply or sewerage and further definition of relative
field to field water supply and sanitation.
12a) For example Act no. 254/2001 Coll., As amended,
Act no. 258/2000 Coll., As amended. ".
25th in § 8 paragraph. 3 first sentence after the word "associated" words
" Or their parts operationally related, "and the second sentence
" competent water authority 'shall be replaced by the word "Ministry".
26th in § 8, after paragraph 3 the following paragraph 4 is added :
"(4) owners of water supply or sewerage, as well as owners
water mains, water supply facilities, sewers and sewage facilities
operationally related, are obliged to allow the connection of water supply and sewerage another
owner if permitted capacity and other technical requirements
. At the same time conclude the owners of these water mains and sewers
written agreement under paragraph 3. Possibility of connection can not be made conditional upon
requiring fees or other financial transactions.
Costs to implement the connection tap water or sewer paid by the owner, who is
possible connection to water supply or sewage system. ".
Former paragraphs 4-12 shall be renumbered 5 to 13
|| | 27th in § 8 paragraph 5 reads:
"(5) the owner of the water supply or sewerage, or operator if
to do so empowered owner is obliged to allow connection to water or sanitation
, if allowed capacity and other technical requirements
. Possibility of connection can not be made conditional upon
requiring fees or other financial transactions. Implementation costs
connecting the water line or sewer connections to the water supply or sewerage
paid by the owner, who is allowed to connect water mains or sewer if
agree otherwise. ".
28th in § 8 paragraph. 6 first sentence, the words "owner of the water supply or sewerage
" the words "or an operator, if the owner
empowered."
29th in § 8. 7 the number "5" is replaced by "6".
30th in § 8, at paragraph 10, the following paragraphs 11 and 12
added:
"(11) the owner of the water supply or sewage is obliged to develop and implement a plan for financing
renewal of water mains or sewers, on
at least 10 calendar years. Contents of the financing plan, renewal
water and sewer systems, including rules for processing provides
implementing legislation.
(12) The owner of the water supply or sewage system must provide for
request within the period specified in the notice of the Ministry of information on technical
state's water supply or sewerage. The owner or builder
new water mains or sewers or water mains owner replanted
Or sewers is obliged to provide on request within the period specified in the invitation
Ministry of project documentation for these new or retrofitted
water supply or sewerage, including specification of costs
their construction or rehabilitation. Evaluation of the data received is
Ministry is authorized to publish. ".
Former paragraphs 11 to 13 are renumbered 13 to 15
31st in § 8. 13, third sentence, the word 'price' is replaced by
"consideration" and end the paragraph with the sentence "the right to a fixed remuneration component aqueous
arises under the terms of an agreement entered into pursuant to paragraph 6
in which a negotiated two-component aqueous form,
appropriate effective date generally binding municipal ordinance issued
municipal jurisdiction or decision of the supreme body of the legal
person who owns the water and sewer systems according to § 20 paragraph. 4. '.
32 . in § 8. 14, third sentence, the word "price" is replaced by
"consideration" and end the paragraph with the sentence "the right to a fixed remuneration component
sewage charge arises under conditions stipulated in a contract concluded by
paragraph 6, in which a negotiated two-part form sewage rates
appropriate effective date generally binding municipal ordinance issued
municipal jurisdiction or decision of the supreme body of the legal
person who owns the water and sewer systems according to § 20 paragraph. 4. '.
33rd In § 9. 5 second sentence after the word "announce" the word
"territorial", the word "units, fire protection and community" are replaced
"Operations Center Fire Brigade counties and municipalities affected
"and at the end of the paragraph with the sentence" This obligation
not to interrupt or reduce the supply of water only accidents
water connections. ".
34th In § 9. 6 point. c) the word "port" is replaced
"water meter connection" and the words "pursuant to § 8. 5" is replaced
"pursuant to § 8. 6".
35th In § 9, paragraph 12 shall read, including footnotes.
17a reads:
"(12) The operator is obliged to provide on request within the time limit set by the Ministry
challenge data relating to the technical condition
water supply or sewage system, which operates data
incurred operating costs and details of the calculation prices according to the price regulations
^ 17) for water and sewerage charges according to § 29 par. 3 point. c), including
cost structure. the evaluation of the data received is
Ministry is authorized to publish.
17a) Act no. 526/1990 Coll., on prices, as amended. ".
36th In § 10 paragraph. 1 point. b) the word "closed", the word
"written".
37th In § 10 paragraph. 2 point. a) after the word "closed", the word
"written".
38th In § 10 paragraph. 3, after the word "tap" the words "or
sewers".
39th In § 11 at the end of paragraph 1 the sentence "If only
water supply source for the fire water supply must meet the requirements of fire protection
to ensure collection of water to extinguish the fire, if it is technically possible
. '.
40th In § 13 para. 1, "her transport to the processing plant" is replaced
"her own arrangements."
41st In § 13 para. 2, the word "regulations ^ 18)" is replaced by
"Regulations ^ 1)."
42nd Footnote. 18 is deleted.
43rd In § 13 par. 3, the words "overall results", the words "in the prescribed form
" and end the paragraph with the sentence "Regional authorities
transmit the overall results of the analyzes of raw water annually to 30 April
ministry. ".
44th In § 13 para. 4 the word "watershed ^ 19)" is replaced by "basin-7a)."
45th Footnote. 19 is deleted.
46th In § 14 para. 1, "the legislation ^ 18)" is replaced by
"Regulations ^ 1)."
47th In § 14 par. 3, the following sentence added after the first sentence, "Sewer Regulations
owner is obliged to submit a sewer before submitting the proposal for final approval
construction of sewerage water authority for approval.".
48th In § 15 par. 3, the words "(§ 9. 6)" is replaced by "pursuant to § 9
paragraph. 5 and 6".
49th In § 16 paragraph 1 reads:
"(1) The quantity of water meter measured by the operator, which is set
meter by special legal regulations 21).
Another way to determine the quantity of water supplied can be determined in justified cases, only the owner
tap or operator of the water supply, if the owner
empowered, with the consent of the subscriber. VODOMER
Registered quantity of water supplied or otherwise to the amount of water supplied
is the basis for supply billing (billing) of water. ".
50th In § 16 after paragraph 3 a new paragraph 4 reads:
"(4) the customer has the right to provide at their own expense metrological
test meter on-site installation, and it independent meter,
turn connected to a cap mounted over the meter to the pipe || | internal water before its first division. This test carried out under the presence of the operator
water supply under the contract with the customer
Czech Metrology Institute, whenever the water supply permits.
Where the deviation is greater than permitted by special legislation ^ 21)
meter is considered dysfunctional and in determining the quantity of water supplied
for the settlement of any claim shall proceed pursuant to § 17 para. 4 point.
A). ".
Former paragraphs 4 and 5 shall be renumbered paragraphs 5 and 6
51st in § 17 para. 3 sentence of the fourth, the words" authorized testing "| || replaced by "the entity authorized to perform state metrological
meter control."
52nd in § 17 para. 4, letter a) reads:
"a) meter data do not meet any of the
requirements laid down by special legislation ^ 21), the meter shall be deemed inoperable;
determine the quantity of water supplied in this case carried out according to actual consumption
in the same period of the preceding year the period covered by
complaint or request for verification of the meter. In the event that such
data are not available, or are clearly questionable, determined
quantity of water supplied by a subsequent donation in the same period of
or by guiding figures of water consumption and in accordance with paragraph 6, if | || operator with the customer agrees otherwise. "
53rd in § 17 para. 4, letter c) reads:
" c) expired meter verification under a special legal regulation
^ 21) shall be considered as malfunctioning water meter;
determine the quantity of water supplied in the event of disagreement, the customer through the process
referred to in subparagraph a). "
54th in § 17 para. 4, the following point d), which reads: || |
"d) water meter is broken, the costs associated with their replacement and examination
operator.".
55th in § 17 after paragraph 5 the following paragraph 6 is added: | ||
"(6) In the complaint pursuant to § 16 para. 4 and settlement arising from
findings pursuant to paragraphs 4 and 5, the period considered for the settlement period from the last
actually performed the previous meter readings
actual meter readings on the basis of which there was an exchange
meter to meter on the exchange, related to complaints or requests for his
examination. ".
Former paragraphs 6-8 are renumbered 7-9 .
56th in § 19 para. 4, letter a) reads:
"a) data measuring device deviate from reality more than
admits technical regulation of the measuring device, measuring
device is considered inoperable; In this case, pay the cost of replacing
examination and measuring equipment buyer ".
57th In § 19, after paragraph 7 the following paragraph 8 is added:
'( 8) Settlement of differences on non-functional measurement result by checking
measuring device is made by deduction, the deduction which preceded it,
which was the reason for the request for examination of the measuring device. ".
Former paragraphs 8 and 9 as paragraphs 9 and 10
58th in § 20 par. 2, the word "regulations ^ 23)" is replaced by
"rules-17a)."
59th In § 20 par. 3, "the legislation ^ 23)" is replaced by
"rules-17a)" and the word "prescription-23)" is replaced by
'prescription-17a). "
| || 60th Footnote. 23 is deleted.
61st in § 20 paragraph 6 reads:
"(6) the obligation to pay for drainage of rainwater into the sewage system for
the public need not apply to area highways, local
roads and tertiary roads ^ 15) open to the public, Speedway
national and regional, including fixed equipment necessary for direct
ensure the safety and continuity of railway transport, zoological | || gardens and areas buildings intended for permanent housing and households
. ".
62nd In § 20 para. 8, "including water and sewage rates for 1 m3
supplied drinking water or wastewater done" is replaced by "
prices for water and sewage."
63rd In § 21, the existing text becomes paragraph 1 and the following
Paragraph 2, which reads:
"(2) In emergency situations, operators are obliged to inform the Ministry
demand and crisis management bodies of the state
supply of drinking water.".
64th In § 22 paragraph 2 reads:
"(2) Public service obligations can store operator, which has its
ensure the necessary conditions, this obligation arises
decision of a competent public administration (§ 26-28). The decision is issued
for a fixed period, for a maximum period of 6 months.
appeal against this decision has no suspensive effect. ".
65th In § 22 paragraph. 3, "administrative authority" is replaced by "body
public administration" and the words "administrative authority" is replaced by "body
public administration".
66th In § 23 at the end of paragraph 3 is replaced by a comma and
letter c), which reads:
"C) for water mains or sewers with a diameter of 200 mm,
whose bottom is placed at a depth greater than 2.5 m below surface modified
, the distance under a) or b) of the outer face
increased by 1.0 m. ".
67th § 26 reads:
"§ 26
(1) Villages in separate powers
a) ensure the development of water supply and sewerage, reflecting the needs of the village,
ensuring its inclusion in the binding part of the zoning | || documentation municipalities in accordance with the development plan of water supply and sewerage,
b) issue generally binding decrees in matters specified in this Act
(§ 9 par. 11, § 20 para. 4).
(2) Local authorities delegated powers to decide
a) of the public service obligations in accordance with § 22 of the municipality, if the municipality is not
operator
b) imposing duties connect to the sewer system in accordance with § 3 para. 8. ".
68th In § 28 paragraph 2 reads:
"(2) The regional authorities in delegated powers
a) issue permits to operate water supply and sanitation in the region
according to § 6
b) grant an exemption pursuant to § 13 . 2
c) transmit to the overall results of the analyzes of raw water ministry
according to § 13 paragraph. 3,
d) decisions on public service obligations pursuant to § 22 if
water supply or sewage systems located within the territory of several administrative districts of municipalities with
municipal authorities with extended powers. ".
69th § 29 reads:
"
§ 29 (1) Ministry
a) For the purposes of this Act, the appeal body for decisions issued
regional office in the first instance
b ) provides processing of plans to improve the quality of raw water, and it
including timetables for their implementation,
c) provides processing development plan for water supply and sewerage territory
State
d ) discusses and records the proposed changes and update development plans
water and sewer systems for the regions and for national territory
e) ensures international cooperation in the field of water supply and sewerage,
f) leads list of technical auditors
g) announces a technical audit.
(2) under the Ministry of further regulation of water supply and sewerage systems
, consumer protection and the promotion of competition in
environment natural monopoly in this field, to satisfy the requirements
drinking water supply, wastewater collection and treatment, including costs
ensure the supervision of processing and completing financing plans
restoration of water supply and sewerage and objective information from the field | || public water supply and sewerage.
(3) The Ministry within its jurisdiction under paragraph 2 shall decide on
A) cancel the permit to operate water and sewer systems according to § 6.
9
B) rules for classification of items in the calculation of prices for water and sewer
including cost structure, for the purpose of comparing prices
pursuant to paragraph 4. c)
C) regulation of mutual rights and obligations of owners
operationally related water supply and sewerage, disagreement between them a written agreement pursuant to § 8 paragraph
. 3
D) balance demands on the resources of drinking water supply from the group
water supply and water supply systems, the absence of an agreement of the owner or operator
individual owners or operators
connected to water mains.
(4) The Ministry
A) keeps the central register of data on water supply and sewerage,
B) provides an information system in the field of water supply and sewerage for
support of public administration
C) performing mutual comparison of prices according to the price regulations ^ 17)
for water and sewage and publishes the results
D) conducts an evaluation of data under § 8. 12 and § 9.
12 and publishes them
E) provides technical cooperation to price control authorities
F) collaborates with the Office for Protection of Competition.
(5) Employees of the Ministry are entitled
A) enter the premises used for the provision of drinking water supply
drainage and wastewater treatment,
B) inspect all accounting and other documents
owners or operators of water supply and sewerage systems, necessary to exercise control,
obtain copies and demand an explanation; the facts on which
learned in connection with this activity, are obliged to maintain confidentiality
, even two years after termination of employment.
(6) The provisions of paragraphs 2 and 5 shall not affect the powers of the Office for the Protection of Competition
.. "
70th in § 30. 1," administrative authorities "are replaced by" organs | || public administration. "
71st in § 30. 2 first sentence, the words" administrative offices "shall be
words" public authorities ", the words" administrative authority "is replaced
"public authority" and the second sentence, the words "administrative authority"
replaced by "public authority" and the words "administrative office" is
replaced by 'public authority'.
72 . In § 31 para. 1, "administrative authorities" are replaced by "authorities
public administration."
73rd § 32 and 33, including the title added:
"administrative Offences | ||
§ 32
Offences
(1) A natural person as the owner of the water supply or sewerage
commits an offense that
A) does not provide ongoing property management records of their water mains or sewers
under § 5 para. 1 or ongoing operational records
under § 5 para. 2
B) does not pass water authority selected data from property records
water and sewer systems and their operational records under § 5 para. 3,
C) fails to ensure smooth and safe operation of water supply or sewer
D) does not adjust the mutual rights of the owner operationally related water supply or sewerage
according to § 8. 3,
E) to allow connection to the water supply or sewerage another owner according to §
paragraph 8. 4
F) to allow connection to water or sewage pursuant to § 8. 5
G) fails to conclude a written contract for the supply of water or sewerage
with the purchaser pursuant to § 8. 6
H) fails or does not implement a recovery plan for financing water supply and sewerage systems
according to § 8. 11
I) fails to provide information about the condition of their water supply or sewerage
according to § 8. 12
J) fails to customers upon request price calculation for water and sewage
according to § 20 para. 8
To) disclose any information about the total billing of all items
calculating prices according to price regulations ^ 17) for water and sewage
in the previous calendar year pursuant to § 36 para. 5 or justifies the reported difference or does not send a bill
Ministry in the term pursuant to § 36 para. 5, or
L) fails to perform a technical audit data requested authority
referred to in § 38 par. 2nd
(2) A natural person as the owner commits an offense aqueduct that
not allow access to tap water and free water abstraction units
fire protection for fire fighting.
(3) A natural person as the owner of the sewer commits an offense that
A) failure of a sewer treatment according to § 14 para. 3, or it fails
water authority for approval or
B) fails and the water authority fails to approve the sewer
order pursuant to § 39 paragraph. 1 or 2.
(4) A natural person commits an offense as a customer that
A) fails to ensure that water connection was made and used in order
prevent contamination of tap water,
B) ensuring that a sewer pipe by a watertight and
so as not to reduce the flow profile of the sewer to which it is
mouthed,
C) unlawfully removes water from the tap (§ 10 par. 1),
D) illegally discharging waste water into the sewage system (§ 10 paragraph. 2)
E) draws water from the tap in conflict with § 15 para. 2
F) removing waste water sewerage in conflict with regulations or contract
wastewater,
G) fails modifications to the accessory building or land according to § 17 para.
1
H) fails to provide necessary cooperation to the operator to read or exchange
Meter according to § 17 para. 3 meter or protect against damage or
promptly notifies the operator of errors in measurement
I) does not check the location and extent determined by sewerage guideline peace
polluted waste water into the sewage system,
J) discharged into drains without permission of the water authority pursuant to § 18 paragraph
. Three waste water requiring a prior cleaning
K) discharged into the sewer wastewater through a septic tank or cesspool in
if the sewer completed sewage treatment plant,
L) not allow operator access to the metering equipment
amount of wastewater in cases pursuant to § 19 para. 1
M) is not measured in the case according to § 19 para. 2 pollution levels and volume
wastewater and the amount of particularly hazardous substances discharged into the sewer
, not about them records or test results not pass
water authority, which issued the permit, or
N) fails upon the written request of the operator examination
measuring equipment at authorized testing according to § 19 paragraph. 3rd
(5) A person who is a builder relocation of water mains or sewer
commits an offense that does not pass the owner of the water supply or sewerage
finished construction after the entry into force of the decision, including final approval
relevant documentation and the actual construction
related documents.
(6) A natural person commits an offense that
A) violates the prohibition laid down for the protection zone water supply or sewer system
§ 23 paragraph. 5
B) impossible without special reason to enter the land or buildings in connection with maintenance
water mains or sewers or to meet
responsibilities associated with the operation of water supply and sewerage (§ 7 para.
1) | ||
C) damaged water mains or sewers or their parts or accessories
,
D) illegally manipulating the water supply or sewerage facilities,
E) released into the sewer substances that are not waste water,
F) fails to comply with the measures imposed by the water authority to remove objectionable
state detected during surveillance activities under this Act, or
G) operates a water supply or sewer system without permission.
(7) An offense may be fined
) Up to 50 000 CZK, if it is a misdemeanor pursuant to paragraph 4. g), h) or paragraph 6
point. a)
B) 100 000 CZK, if it is a misdemeanor pursuant to paragraph 4. a) to e)
i) to k), n) or paragraph 6 point. b) to f)
C) 200 000 CZK, in the case of an offense under subsection 1. g)
to paragraph 4. f) or l)
D) 500 000 CZK, where an offense under subsection 1. a) to d)
f) i) to l), paragraphs 2, 3 point. a), b), paragraph 4 letter. m)
or paragraph 6 point. g) or
E) to CZK 1 000 000, in the case of an offense under subsection 1. e), h) or paragraph 5.
§ 33
Administrative offenses of legal entities and individuals
(1) A legal or natural person as the owner
water supply or sewerage commits an administrative offense that
A) does not provide ongoing property management records of their water mains or sewers
under § 5 para. 1 or ongoing operational records
under § 5 para. 2
B) does not pass water authority selected data from property records
water and sewer systems and their operational records under § 5 para. 3,
C) fails to ensure smooth and safe operation of water supply or sewer
D) does not adjust the mutual rights of the owner operationally related water supply or sewerage
according to § 8. 3,
E) to allow connection to the water supply or sewerage another owner according to §
paragraph 8. 4
F) fails or does not implement a recovery plan for financing water supply and sewerage systems
according to § 8. 11 or
G) does not provide information about the condition of their water supply or sewerage
according to § 8, paragraph 12.
(2) A legal or natural person as the owner
water mains or sewer, or as an operator commits an administrative offense, that
A) to allow connection to water or sewage pursuant to § 8. 5
B) conclude a written contract for the supply of water or sewerage
with the purchaser pursuant to § 8. 6, or fails to comply with
provisions of § 36 para. 2
C) fails to customers upon request price calculation for water and sewage
according to § 20 para. 8
D) publish information about the total billing of all items calculation
Prices by pricing regulations ^ 17) for water and sewage
in the previous calendar year pursuant to § 36 para. 5 or justifies the reported difference
or does not send the bill to the Ministry by the deadline according to § 36 para. 5
or
E) fails to perform a technical audit data requested authority
referred to in § 38 par. 2nd
(3) A legal or natural person as the owner
tap water or tap water as an operator commits an administrative offense that
not allow access to tap water or free subscription units
fire protection for fire fighting.
(4) A legal or natural person as the owner
sewer commits an administrative offense that
A) failure of a sewer treatment according to § 14 para. 3, or it fails
water authority for approval
B) fails and the water authority fails to approve the sewer
order pursuant to § 39 paragraph. 1 or 2.
(5) The operator commits an administrative offense by
A) operates water supply and sanitation in conflict with the requirements under § 9
paragraph. 1
B) does not pass the village survey found indicators of water quality in accordance with § 9
paragraph. 3
C) informs the builder relocation of water mains or sewer
opinion on the proposed relocation of water mains or sewers under § 9. 4
D) notifies the customer interruption or reduction of water supply, sewage disposal
deadlines specified in § 9. 7 point. b)
E) perform a drinking water treatment, surface water or ground water
that the sampling site meets the quality of raw water
in conflict with § 13 para. 2
F) does not perform sampling of raw water in the place of sampling and does not
their analysis and overall results of the regional office does not forward
once a year to 31 March for the previous calendar year,
G) fails to carry out the sampling of wastewater and its analysis,
H) failure to check the water meter at the entity authorized to perform
State metrological control of measuring instruments in accordance with § 17 para. 3,
I) informs in a crisis situation on the state of the drinking water supply by
§ 21 paragraph. 2, or
J) notifies pursuant to § 36 para. 6 deterioration in the quality of drinking water supplied
or in connection with this announcement does not follow a special
legislation.
(6) A legal or natural person as a customer
commits an administrative offense by
A) fails to ensure that water connection was made and used in order
prevent contamination of tap water,
B) ensuring that a sewer connection was made watertight
or so as not to reduce the flow profile of the sewer into which
mouthed,
C) unlawfully (§ 10 par. 1) removes water from the tap,
D) illegally (§ 10 paragraph. 2) discharges waste water into drains,
E) draws water from the tap in conflict with § 15 para. 2
F) removing waste water sewerage in conflict with regulations or contract
wastewater,
G) fails modifications to the accessory building or land according to § 17 para.
1
H) fails to provide necessary cooperation to the operator to read or exchange
meter according to § 17 para. 3 meter or protect against damage or
promptly notifies the operator of errors in measurement
I) does not check the location and extent determined by sewerage guideline peace
polluted waste water into the sewage system,
J) discharged into drains without permission of the water authority pursuant to § 18 paragraph
. Three waste water requiring a prior cleaning
K) discharged into the sewer wastewater through a septic tank or cesspool through the
if the sewer completed sewage treatment plant,
L) not allow operator access to the metering equipment
amount of wastewater in cases pursuant to § 19 para. 1
M) is not measured in the case according to § 19 para. 2 pollution levels and volume
wastewater and the amount of particularly hazardous substances discharged into the sewer
, not about them records or test results not pass
water authority, which issued the permit, or
N) fails upon the written request of the operator examination
measuring equipment at authorized testing according to § 19 paragraph. 3rd
(7) legal entity or a natural person as a builder
relocation of water mains or sewer commits an administrative offense if it does not pass
Owner of the water supply or sewerage finished construction after legal
decision on final approval of relevant documentation, including actual
building construction and related documents.
(8) A legal or natural person commits an administrative offense
that
A) violates the prohibition laid down for the protection zone water supply or sewer system
§ 23 paragraph. 5
B) impossible without special reason to enter the land or buildings in connection with maintenance
water mains or sewers or to meet
responsibilities associated with the operation of water supply and sewerage (§ 7 para.
1) | ||
C) damaged water mains or sewers or their parts or accessories
,
D) illegally manipulating the water supply or sewerage facilities,
E) released into the sewer substances that are not waste water,
F) fails to comply with the measures imposed by the water authority to remove objectionable
state detected during surveillance activities under this Act, or
G) operates a water supply or sewer system without permission.
(9) An administrative offense shall be imposed
A) up to 50 000 CZK, for an administrative offense pursuant to paragraph 5. c)
paragraph 6 point. g), h) or paragraph 8 point. a)
B) 100 000 CZK, for an administrative offense pursuant to paragraph 5. d)
h), paragraph 6 point. a) to e), i) to k), n) or paragraph 8 point. b) to f
)
C) 200 000 CZK, for an administrative offense pursuant to paragraph 2. b)
paragraph 5. b) i) or paragraph 6 point. f) or l)
D) 500 000 CZK, for an administrative tort pursuant to paragraph 1. a) to
d), g), paragraph 2. a), c) to e) of paragraph 3, paragraph 4 letter. a)
b) paragraph 5. e) to g), j), paragraph 6 point. m) or paragraph 8
point. g) or
E) to CZK 1 000 000 in the case of an administrative offense under paragraph 1. e)
f), paragraph 5. a) or paragraph 7. ".
74th § 34 including the title and footnotes Nos. 29a and 29b reads:
" § 34
Common provisions
(1) A legal person for an administrative delict if it proves that
made every effort that could be required to prevent a breach of the obligation
.
(2) In assessing the fine legal person takes into account the seriousness
administrative offense, especially the manner of its commission and its consequences and
circumstances under which an administrative tort was committed.
(3) The liability of a legal person for an administrative tort shall expire if
administrative authority did not commence proceedings within two years, when he learned about it,
no later than 4 years after the date on which it was committed.
(4) The liability for conduct that occurred in the business of a natural person
^ 29a) or in direct connection therewith, the provisions
this Act on liability and sanctions to legal persons.
(5) Misdemeanours pursuant to § 32 par. 1-3 and administrative offenses under § 33 paragraph
. 1-5 in the first instance under delegated powers
regional office in whose administrative district was committed administrative offense.
Offenses according to § 32 par. 4-6 and administrative offenses under § 33 para.
6 to 8 in the first instance under delegated powers
municipal authority with extended powers, in which the couple have been committed
administrative offense.
(6) Penalties are levied by the authority which imposed them. Revenue from fines is
income to the budget of which is paid by the body which imposed a fine
.
(7) The fine is payable within 30 days from the date the decision on its imposition
came into force.
(8) The collection and enforcement of fines shall proceed in accordance
special legislation 29b).
29a) § 2 para. 2 of the Commercial Code.
29b) Act no. 337/1992 Coll., On administration of taxes and fees, as amended
.. "
75th § 35 is repealed.
76 . In § 36 para. 1 the words "§ 8. 5" is replaced by "§ 8.
6".
77th in § 36 paragraph 3 reads:
"(3) the owner of the water supply or sewerage, or operator if
to do so empowered owner is obliged to inform the municipal authority in
circuit which operates the water supply or sewerage, before concluding a written contract
according to § 8. 6, a
A) the scope of the authorization submitted by the owner of the water supply or sewerage
operator contract pursuant to § 8. 2
B) the quality of drinking water supplied and the maximum extent of pollution discharged wastewater
indicating the place of the publication of information,
C) the method of determining the amount of water withdrawn, including by identifying ways
location of water, method of determining the amount of wastewater and
possible exceptions,
D) technical requirements for internal water supply and drainage systems, including
prohibited materials for internal distribution,
E) technical requirements for connections
F) rules for classification of items in the calculation of prices for water and sewer
including cost structure, in order to compare prices for water and sewerage
according to § 29 par. 3 point. c)
G) invoicing, any advance payment and the method of billing
H) the extent and limits of liability for defects, manner and place of their
application, including claims arising from this liability (
Complaints Procedure)
I) interruption or restriction of water supply and wastewater treatment and the conditions
replacement of water supply and drainage replacement
wastewater and data on how to inform people who use these services
,
J) any contractual penalties. ".
78th in § 36 para. 4 the word" village "is replaced by" municipal authority in
delegated powers "and the words" the conditions of the contract by
§ 8 paragraph. 5 "is replaced by" the conditions for the conclusion of the contract pursuant to § 8 paragraph
. 6. "
79th in § 36 paragraph 5 reads:
" (5) The owner of the water supply or sewerage, or operator if
is to act on behalf of the owner is required to annually before
30 June each year in the manner specified in paragraph 8
disclose full information on the total billing of all items for calculating the price by
price regulations for water and sewage-17a) in the previous calendar year
. Reported distinction must be justified. Bills owner
water mains or sewer, or the operator is obliged to send the same date
ministry. ".
80th in § 36 para. 6 after the word" health "the words" and regional
office. "
81st In § 36, after paragraph 6 the following paragraph 7 is added:
" (7) procedure and scope of settlement pursuant to paragraph 5 and its extent down
implementing legislation. ".
paragraph 7 is renumbered 8th
82nd in § 36 paragraph 8 reads:
" (8) Duty disclose information pursuant to paragraphs 4 and 5 shall be deemed to have fulfilled
moment the data referred to in paragraph 4 or 5 municipal authority
municipality in whose territory the land or a building connected to the water supply or sewerage
located. The municipality relevant information published on the official board
municipal office immediately after transmission of this information no later than
two days, for at least 15 calendar days. ".
83rd in § 37 Paragraph 1 reads :
"(1) Municipal authorities with extended powers exercised delegated
scope of supervision over compliance with this Act and the regulations issued by it
in scope established by this Act. Regional authorities
perform the delegated powers of supervision over compliance with this Act and the regulations under it
issued in its scope established by
law. Public authorities in scope supervise whether
compliance with decisions issued by them. ".
84th in § 38 paragraph 2 reads:
" (2) The technical audit department
declares on its own initiative or on the initiative of the municipality, the owner or operator of water supply and sewerage
, the water authority, the regional office of the Office for the protection
competition or the Ministry of Finance.
Owner or operator of water supply and sewage is obliged to provide to perform a technical audit
necessary data. The announcement of the technical audit
no legal claim. ".
85th in § 38 par. 4, the words" who proposed him "are replaced by" who gave him the impetus
. "
86th in § 38 paragraph 5 reads:
"(5) the technical audit will choose the one who gave him the impetus
technical auditor from a list of technical auditors kept
Ministry. The Ministry shall for a period of 7 years, the list of technical auditors
professionally qualified person who has a university education
focus on the field of water supply and sewerage, experience in this field
least 10 years and which agrees with the publication of personal data data on progress
education, census own work in the field, published scientific papers and publications
and describe current professional activities, along with other data, which are
documents as part of an application for inclusion in the list
Technical auditors. ".
87th in § 38 par. 7, the words" designated by the Ministry to implement "
replaced by" registered by the Ministry of the list of technical auditors to conduct
". | ||
88th in § 40, the words "§ 6. 10" is replaced by "§ 6. 11"
words "§ 8. 12" is replaced by "§ 8. 11 and 15 ", the words"
§ 16 paragraph. 5 "is replaced by" § 16 para. 6 ", the words" § 17 para. 8 "is
replaced by" § 17 para. 9 ", the words" § 19 paragraph. 9 "shall be replaced
'§ 19 para. 10" and the words "§ 20 par. 3", the words "
§ 36 paragraph. 7. "
Article II Transitional and Final Provisions
first obligation to owners of land or buildings connected to water or sewage system
which is defined in § 3a Act no. 274/2001 Coll., as amended
effective from the date of entry into force of this Act shall be complied with by 31 December 2015.
second of the water supply or transfer agreements wastewater,
concluded under the previous legislation, must be 31 December 2010
brought into compliance with the Act no. 274/2001 Coll., as amended, effective from the date of
entry into force of this Act. || |
third financing plan for restoration of water and sewage must be treated
later than 31 December 2008.
fourth Permit to operate a water supply or sewerage
issued to natural persons who have vocational training in three-year apprenticeship
content focused on water and sanitation or in a related field, or a permit to operate
water supply or sewer issued
entrepreneur natural person or legal entity, the responsible representative is trained in three-learning
field content focusing on water and sanitation
or a related field, expires on 31 December 2011.
Fifth Proceedings initiated and still until the effective date of this Act
be completed under the current legislation.
PART TWO
Change Trade Act
Article III
Annex no. 2 to the Act no. 455/1991 Coll., On business
(Trade Act), as amended by Act no. 274/2001 Coll. and Act no. 167/2004 Coll
., in a Group 214: Other, the field of trade "Operation
water and sewer systems for public use" is deleted.
PART THREE
Amendment to the Act on Offences
Article IV
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. 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., Act
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. 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 ., 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.
285 / 2002 Coll., Act no. 311/2002 Coll., Act no. 320/2002 Coll., Act no.
218/2003 Coll., Act no. 362/2003 Coll., Act no. 274/2003 Coll ., Act no.
47/2004 Coll., Act no. 436/2004 Coll., Act no. 501/2004 Coll., Act no.
559/2004 Coll., Act no. 586/2004 Coll., Act no. 95/2005. and Act no. 392/2005 Coll
., is amended as follows:
First In § 34 para. 1, at the end of paragraph e) replaces the comma and full stop
letters f) to m) are deleted.
Second In § 34 paragraph 2 reads:
"(2) For offenses under paragraph 1. A) to c) and e) can be stored
fine of up to CZK 50 000, and for an offense under paragraph 1. D) can be stored
fine of up to 100,000 CZK. ".
PART FOUR
Changing the law on road traffic and on amendments to some laws
Article V
In § 43 of the Act no. 361/2000 Coll., On traffic on roads and
changes in certain laws, at the end of paragraph 3 is replaced by a comma
and a letter n) is added: | ||
"N) the elimination of accidents, water and sewer systems for public use.".
PART FIVE
Amendment to the Czech Consolidation Agency
Article VI
Act no. 239/2001 Coll., On the Czech Consolidation Agency and amending
some laws (the Czech Consolidation Agency), as amended by Act No.
. 15/2002 Coll., Act no. 126/2002 Coll., Act no. 257/2004 Coll., Act
No. 482/2004 Coll., Act no. 179/2005 Coll. and Act no. 377/2005 Coll., is
amended as follows: § 6 para. 6 after the word "insurance" the words
"obnosovým insurance-4a)," the word "the" before the word " this "and
words" deemed to reward "the words" for performance ".
Footnote. 4a reads:
"4a) § 3. Aa) of the Act no. 37/2004 Coll., On Insurance Contract and on Amendments
Related Acts (the Insurance Contract Act).".
PART SIX
EFFICIENCY ARTICLE VII
This Act shall take effect on the date of its publication.
Zaorálek vr Klaus vr
Paroubek mp
