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The Provisions On The Public Service Of Water Management And Use

Original Language Title: Noteikumi par sabiedrisko ūdenssaimniecības pakalpojumu sniegšanu un lietošanu

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Cabinet of Ministers Regulations No. 174 in 2016 (22 March. No. 14 14. §) rules on the public service of water management and use, in accordance with the water management Issued Service Act article 4 1, 2, 3 and 4 and the law "on regulators of public services" article 22 fifth 1. General provisions 1 the questions determines: 1.1. procedures provide, use and stop providing public water management services; 1.2. the order in which the real estate connect to the centralised water supply or central sewage system (including requirements for measuring apparatus of the komercuzskait node location and where permissible measuring node of komercuzskait to be built outside the boundaries of affiliation); 1.3. the service provider water management services provided by the public accounting procedures and the procedures to be taken in account for the received services; 1.4. the procedures for the calculation of compensation for public services water use regulations. 2. public water services and the procedures for using 2. Public water services (hereinafter water management service) is provided and used in accordance with the water management service provider (hereinafter referred to as service provider) and water management service user (hereinafter referred to as the user) the conclusion of the service agreement, as well as respecting the Water Services Act, the law "On regulators of public services", these rules and local government rules applicable water management services. 3. service contracts shall be concluded for a specific type of water management, the provision of the service if: 3.1 user property or possession of the real estate property has the following units: inženiertīkl 3.1.1. at least one pipeline input connected to the centralised water supply system (hereinafter referred to as the water input); 3.1.2. at least one of the output pipeline, through which a waste water collection and discharge to the centralized sewage system (hereinafter referred to as sewage discharge); 3.2. water management service uses the brīvkrān. 4. If the user is in possession of the property, or both water supply and drain output input is closed one service contract. 5. Centralized sewerage system shall be discharged to waste water, which comply with the requirements of local authorities on binding rules of operation of the centralized sewage system, the use and the protection of certain wastewater composition. The above requirements the local authority determines, on the basis of the service provider as a centralised sewer system evaluation under the centralized sewage system design capacity, as well as the fact that the concentration of pollutants in the effluent does not exceed the regulatory Act concerning the emission of pollutants in the water the maximum concentration of the parameters that characterize a typical municipal sewage. 6. The service provider, taking account of the centralised sewage system and waste water treatment equipment used in the process, you can allow the user to be discharged to the sewer system in the centralized production wastewater containing individual pollutant concentrations are higher than this provision in paragraph 5, if this concentration is not exceeded the centralized wastewater treatment plant design capacity, and all this waste water treatment related costs shall be borne by the user. In this case, the service provider contract shall determine: 6.1. maximum permissible concentrations of pollutants in waste water production. Determine the concentration of pollutants, the service provider has the right to require the user to provide an independent expert assessment of the production waste water novadām potential impact on Central sewer systems and sewage treatment plants technological operation, including the assessment of the maximum permissible concentrations in effluents of which user plans to be discharged to the centralized sewage system, without causing the interference; 6.2. the fee referred to in point 6.1 of pollutant treatment, provided that the costs incurred in treating this waste, are not included in the public services regulatory Commission prescribed in the tariff or municipalities within pays for water services in the relevant municipal administrative territory. 7. to prevent possible contamination of the environment sewage treatment plants due to the disruption that can be caused by centralized sewerage system wastewater discharged pollution entered, the service provider is entitled to perform the service user centralized sewage system, waste water novadām test (control). Service user enables the service provider to perform this check at any time of day. During the test the provider sewage samples taken at the intake location and centralized sewerage system, making the analysis of samples in the laboratory, accredited to determine the composition of the waste and pollutant concentration in compliance with this provision in paragraph 5 and 6 above. Periodicity with which these checks are carried out to determine the service provider depending on the pollutants in the effluents of the possible negative impact on the environment, from the treatment of used water treatment technologies, as well as from the centralized sewage system in the novadām waste water volume. 8. If the user does not comply with this provision in paragraph 5 and 6 set out requirements for the centralised sewerage system wastewater composition and novadām for this reason is disturbed the normal operation of treatment facilities, as well as damage to the environment, all additional costs incurred by the service provider for the Elimination of pollution in the centralizētāj drainage system (environmental pollution prevention and rehabilitation, including the natural resources tax payment for environment pollution emitted above certain limits) shall be borne by the user. 9. the user is responsible for the property or possession of the existing water or sewer system to service the home line and: 9.1., at its own expense, carry out the water supply or sewage system (with the exception of the komercuzskait meter) maintenance and eliminates leaks in the system, to prevent water from entering the building; 9.2. immediately notify the provider about crashes or damage the centralised water supply or sewer system if the system is in the service of real estate. 3. Water Management termination and renewal procedures 10. The service provider is entitled to discontinue providing water services (on written notice to user 30 days in advance) if: 10.1. property owner or possessor uses water management services without the conclusion of the contract of service or continue to use them after the service termination; 10.2. user shall not make payment for water services provided services in accordance with the procedure laid down in the Treaty or other services associated with water management service estimated payments, including the estimated refund is not paid for water services in violation of the terms of use; 10.3. the user has stopped economic activity, declared insolvency, previous bankruptcy or winding-up proceedings. 11. about this rule referred to in paragraph 10 the service termination service user is alerted in writing within three working days before the water service interruption. Before sending this alert rule 10.2. in the case referred to in subparagraph a provider performs a calculated payment check, if the user submits a written objection to the performed calculations. 12. The service provider is entitled to discontinue providing water services (on written notice to user 10 days above) in the following cases: 12.1. user with his action or omission obstructs or impedes an employee of the service provider to access the meter of the komercuzskait node noslēgarmatūr, fire hydrant, fire or sewer manhole, as well as the system does not comply with the Water service provider in the law, the rights to access to the centralised water supply or sewerage system to prevent a crash or eliminate its consequences; 12.2. the user of the service for more than three months does not provide water service to list the amount of necessary information in service in accordance with the procedure laid down in the Treaty; 12.3. user of the service provider is not provided within the time limit set for the node, or the measuring apparatus komercuzskait fire noslēgarmatūr organization, the service provider can provide the komercuzskait meter the installation, replacement or meter of the komercuzskait node, fire hydrant or the noslēgarmatūr prompt. 13. The service provider is entitled to terminate the provision of the services of water without notice Water Service Law 9 of the second paragraph of article 2. in the cases referred to in points, as well as other cases where: 13.1. service user is not ensured of maintenance of the measuring apparatus, komercuzskait it was arbitrary, removed seals from the komercuzskait node of the measuring apparatus, fire hydrant or noslēgarmatūr; 13.2. service user does not comply with the contract of the service water use and waste water discharges, including requirements for waste water composition and concentrations of contaminants which can cause or causes of the accident, the centralised sewage system or sewage treatment plants malfunction; 13.3. the real property owner or possessor is arbitrary connections had built a centralised water supply or at centralised sewerage systems; 13.4. service user provider period do not distracted it property or damage existing water management system in possession, and they affect the centralized water supply or sewerage system or harm other users. 14. total water management service termination is only permissible in cases where there is no distortion of the services users who use water management services to other service contract and this service agreement. 15. Water Service restored within three working days following irregularities, liquidation, and then, if agreed with the service provider about the order in which the obligation will be completely settled, noting that the service user shall bear all costs associated with these rules 10, 12, and 13, paragraph water management and provision of services. 16. If it is published in the official information about the user, the suspension of the economic activities, insolvency, bankruptcy or winding-up proceedings are opened, the service provider is entitled to request the service to pay advances within three months, the average payment amounts as security for his commitments. 17. If the water management services to individual service users are interrupted Water Service Law 9 of the second paragraph of article 2, in the cases referred to in the service provider is providing a service to the user the possibility to receive at least 25 litres of water per capita per day. 4. The order in which real estate connected to the centralised water supply and sewerage system For 18 new or existing real estate connected to a central water supply system or the centralised sewerage system, the property owner or possessor requests a service provider and receives from his connection to the technical provisions (hereinafter referred to as the technical regulations). 19. technical terms appearing in the following cases: 19.1. new connection installation to ensure the supply of water from centralized water supplies or wastewater discharge in the centralised sewerage system; 19.2. where a change in the composition of waste water or water consumed or novadām waste water quantity is increasing to the extent that the current connection cannot be ensured; 19.3. If the meter komercuzskait alteration or change of the node komercuzskait node of the measuring apparatus of the location. 20. This provision 19. in the cases referred to in point real estate owner or possessor shall provide service provider to request technical regulations that specify information about the real estate location, address and cadastral designation data on projected water consumption and waste water quantity or novadām information about the number of people who plan to use the water management services, as well as information on production parameters characterize waste. The request shall be accompanied by the document certifying the property right to real estate, so the usage rights or the right to lease the building, land boundary plan, as well as other documents, if any, required for the preparation of technical regulations. 21. If the information provided in the request is not complete or all the required documents have been received, the service provider within seven working days of receipt of the request for it shall inform the applicant in writing and indicate what additional information or documents to be submitted. On the date of receipt of the request shall be deemed the date on which the service provider has received all the necessary information. 22. The service provider, taking account of the requirements and the time limits laid down in the laws and regulations on construction and environmental protection, shall prepare and issue to the applicant a clear and technically justified by the technical regulations. If the preparation of technical regulations requires a longer period for the technical provision addressed the service provider shall inform the applicant in writing. 23. If the connection to the central system of water management system is not possible, the technical condition of the disposition or due to insufficient capacity, the service provider must provide in writing to the property owner or possessor for information about other connection installation options and deadlines. 24. The service provider according to the technical rules for the demand shall indicate at least: 24.1. connection to a centralised water supplies or centralised sewerage systems; 24.2. the request of the technical regulations specified in real estate use, water consumption and waste water novadām; 24.3. the requirements for waste water composition and characteristic parameters prior to disposal in the centralised sewerage system; 15.2. the home borders, komercuzskait of the measuring apparatus requirements node and its location; 15.2. the technical requirements are required for water supply connection the input or output of the sewer design, construction or conversion, including rain water drainage; 24.6. If connection is required for constructing the installation or retrofit the centralized water supply system or the centralized sewage system – technical requirements for connecting the necessary centralised water supply or the centralized sewage system for the design, construction or conversion. 25. the period of validity of technical regulations, which may not be less than one year from the date of issue shall be determined by the provider. If the technical provisions are not complied with within the period of validity of the conditions of technical regulations and standards of the service provider by a property owner or possessor of the technical regulations issued by the request repeatedly, making those necessary changes, or extend the period of validity of technical regulations, if other changes are anticipated. 26. Connection installing the necessary construction plans document development, water supply and sewage discharge type, as well as the komercuzskait meter of the construction or conversion of node is carried out on the property of the owner or possessor of the products according to the procedure laid down in the laws and regulations in the field of construction. 27. If the rules referred to in paragraph 23 of the grounds for the establishment of connection needed to construct or retrofit the centralized water supply system or the centralized sewage system, service provider and real estate owner or possessor shall agree on a centralised water supply or centralised sewage system design, construction or rebuilding. Treaty on the central water supply or centralised sewage system design, construction or conversion procedure shall include at least the following provisions: the centralised water supply or 27.1. centralised sewerage systems construction or conversion is performed on the property of the owner or possessor; 27.2. the design work shall be organised by the property owner or possessor; 27.3. the works are organized by service provider; 27.4. built in the water or the centralized sewage system is the property of the service provider. 28. If the service provider, evaluating multiple real estate owner or possessor requests of technical regulations and technical provisions, provided establishes that all connection installation is economically viable to construct or retrofit the total water supply or sewerage district system, 24.6. these provisions the requirements referred to in subparagraph shall be replaced by a single service provider infrastructure development established by the payment service provider. 29. After completion of installation works of connection service provider of construction control legislation established the real estate owner or holder shall issue an opinion on civil engineering readiness for operation. 30. After paragraph 29 of these rules in the opinion referred to in the service of the service provider with the property owner or possessor shall conclude a service agreement, subject to the requirements set by the Water Services Act, these regulations and local regulations on water management service contract terms to be included. 31. If the user who uses the services of water, with your property or possession of the existing water supply and sewage system services through other people, supplying his real estate property or the waste water discharged into the water, the following services are not considered public water management services. 5. requirements for measuring apparatus for node 32 komercuzskait. Real Estate owner or possessor of the komercuzskait meter node supports the construction of the service provider in accordance with the technical regulations issued by the boundaries of affiliation in the specially installed in the manhole (water meter node) or outside the boundaries of affiliation with the service provider in a specific location. 33. Komercuzskait measuring apparatus of the node to be built outside the boundaries of affiliation is permissible where: 33.1. unable to ensure compliance with the construction requirements of the law, including if appropriate legislative instrument for the external position of the komercuzskait of the inženiertīkl meter node construction is related to the limited conditions for deployment of the inženiertīkl or the distance from the border to the construction of the home is less than the basic minimum horizontal distance; 33.2. komercuzskait measuring apparatus of the node is the construction of centralized water supply system before entering the water; 33.3. It provides local government regulations, arrangements for water supply or sewerage network and construction network is connected to the central water supply system or the centralised sewage system. 34. komercuzskait measuring apparatus of the node after the construction and Assembly of the measuring apparatus of komercuzskait provider komercuzskait the meter sealed at the node. User supports the conservation of seals to prevent the removal of the seals, damage or replacement seals, which is not installed by the service provider. 35. the user shall, at its own expense, after coordination with the provider can be equipped with the komercuzskait or telemehānik the measuring telemetry system for automated remote reading data and use that data in your service, if such a system is installed, the provider of water service area. 36. service user komercuzskait of the measuring points protected from technical damage, flooding or freezing and is responsible for the maintenance of the measuring apparatus of komercuzskait. If the komercuzskait meter is stolen or damaged, the user shall immediately notify service provider. 37. If the user has doubts about the accuracy of the measuring apparatus of komercuzskait, he has the right to request in writing to the service provider provides the verification of the measuring apparatus of the early komercuzskait in one of the Latvian National Accreditation Bureau tīmekļvietn the www.latak.lv the inspection bodies. Expenses associated with the measuring apparatus of the early komercuzskait verification shall be borne by: 37.1. the service provider, if the komercuzskait meter is considered unfit for use; 37.2. in user if komercuzskait is recognized as the meter use. 6. Water Management service accounting and settlement procedure 6.1 the delivered water records 38. Delivered the quantity of water consumed by a user of the service in real estate, is determined by the meter readings of the komercuzskait, which noplombēj by the service provider. 39. If the meter is set on komercuzskait, as well as in cases other than those mentioned in this provision in paragraph 42:39.1. the quantity of water supplied by the real property-residential home-consumed service user shall be determined, taking into account the local binding rules on public service contracts in the water management rules to be laid down in the rules of water consumption per resident a day, as well as information on the number of persons using the services in real estate. The number of persons who use a water service shall be determined, taking into account the immovable property or the number of persons declared service user provided information, if the actual number of users is greater than the declared number of persons; 24.4. the quantity of water supplied by the real estate-non-residential building (room)-consumes a service user shall be determined, taking into account the nominal water flow rate through the introduction of 24-hour mode, adjusted with the Treaty water flow rate coefficient and the number of days in the billing period. 40. the user reads the meter readings of the komercuzskait service contract and the service within the time limit set in accordance with the procedure laid down in the contract shall notify the readings to your service provider, if the service is not specified in the contract of another order. 41. If the user of the service within the time limit set in the Treaty does not provide the service provider news on meter readings of the komercuzskait for the current period, the service provider the amount of water consumed in the period determined by the average of the water consumption in real estate during the previous 12 months. 42. This provision, paragraph 41 water accounting procedure applied: 42.1. by the time (but not more than three months) when the user shall notify komercuzskait of water current meter readings or komercuzskait of water meter readings are read by the service provider. Recalculate the service provider for the real estate and water consumed discharged waste water quantity and conversion results include the next settlement period of the invoice; 26.2. komercuzskait measuring apparatus of water is stolen, does not work or is removed to verify it, changed or corrected, but not longer than one month, counting from the day that the findings of the case, except if the water komercuzskait meter of this term is not set to the fault of the service provider; 26.3. If user water supplies in poor technical condition, it is not possible to change the komercuzskait meter, but for not more than three months from the time limit specified by the service provider. 43. If the water meter verification of komercuzskait: 43.1. it is held to be invalid, the service provider performs services for the amount of water consumed by the user recalculate this rule 41. point out in about a month, the water meter verification of komercuzskait; 43.2. it is recognized as a valid user, the amount of water consumed in the accounting provider, the komercuzskait of that meter readings. 6.2. the quantity of discharged sewage records 44. If, in accordance with the service agreement of the waste water komercuzskait meter (hereinafter referred to as the wastewater flow meter) installation is not required, the service provider will user discharged waste water quantity determines these rules 38, 39 or 41. in accordance with the procedure laid down in point, given that the service user discharged waste water quantity is equal to the quantity of water supplied. 45. service user who has a local water source (water borehole or well) and that the waste water discharged into the centralized sewage system, waste water are counting according to the local water source installed water meter for komercuzskait or, at the request of the service provider to the sewage outlet installed in the wastewater flow meter readings. If the waste is carried out in accordance with the records set in the water meter readings of the komercuzskait: of komercuzskait meter of 45.1. installation, operation and service are responsible for the verification of a user or service provider, if the komercuzskait meter is preset by the provider; 45.2. komercuzskait measuring apparatus of the installation by the provider to be sealed; 45.3. service user in addition to the provisions referred to in paragraph 36 of the conditions of the installed seals ensure conservation, prevent the removal of the seals, damage to or replacement of seals, which is not installed by the service provider; 28.2. where the meter is damaged komercuzskait or over verification of validity, the amount of water consumed shall be determined in accordance with the provisions of paragraph 39. 46. service user is local water source of komercuzskait of meter readings are read and notify the service provider of this provision in paragraph 40. 47. If the service provider or from the supplied local water source of the resulting water is included in the composition of the products being produced or used in the production process and are not fully discharged to the sewerage system, centralized user accounts the amount of waste is carried out in accordance with the sewage flow meter readings, where the contract provides otherwise. User is responsible for this waste flow meter installation and operation. 48. If the user property or possession of the existing water supply system crashes occurred on the water leak, centralized sewage systems discharged waste water quantity is determined by the average monthly quantities of waste water that was discharged from the property during the previous 12 months. 49. If service user in the centralized sewage system discharge rain water from your property, the amount of the territory is included in the total amount of discharged waste water and waste water volume (cubic metres per year) is determined according to the sewer construction et seq. 6.3. the settlement arrangements 50. service user accounts on water management services performed by the service provider and in accordance with the procedure laid down. 51. payment for water services provided by service provider calculates: 51.1. based on this rule and section 6.2 6.1 in the order of the records; 51.2. in accordance with the public service Commission prescribed the tariff of fees established by the municipality or the relevant municipal administrative territory. 52. additional fee for this rule 6, paragraph production waste water treatment, in which the individual pollutant concentrations is higher, the service provider shall be calculated by taking into account the production wastewater treatment costs, and ensures that the calculation of the fee arrangements are available to the user of the service and the municipality upon request. 7. the procedure for the calculation of compensation for water management services in violation of the terms of Compensation water management 53. service terms of use violation, calculation of service providers if the service provider has provided a water supply to the home of the border or the discharge of waste water from the boundaries of affiliation, but doing the centralised water supply and sewerage system for the centralised examination, it is established that: 53.1. the service uses the connection, who installed the legislation in the field of construction requirements (an arbitrary connection); 53.2. komercuzskait measuring apparatus of the node is recreated without legislation developed in construction documentation; the komercuzskait of the measuring apparatus set up 53.3. is damaged or removed, the seal or not allowed is made on the measuring of the komercuzskait; 53.4. apvadlīnij, fire dampers and other water management system elements are in the open position and for this reason the water komercuzskait meter does not account for all service user water consumed; 13. fire dampers are closed, but they are not seals or damaged, except where the seal has been removed, the State fire and rescue service fire or by a fire-fighting system; 53.6. service agreement does not include surface water or groundwater abstraction centralised sewerage system or service user is connected to the sewerage outlet drain system without legislation developed within construction documentation; 53.7. without the permission of the provider is used for water from fire hydrants. 54. If the provision referred to in paragraph 53, the water consumed or transported waste water quantity is calculated taking into account the nominal water flow rate through the water supply or sewage output enter 24 hours a day, from the date of the offence. If the infringement was not clearly identifiable, assumes that the infringement committed on one month's notice, from the date when the service provider is established. 55. The nominal water flow rate is calculated using the following formula: Q = π d2/4 x x v where Q – water flow rate (m3/s); π-mathematical constant (3.14); d – pipeline internal diameter (m); v – water flow speed (0.8 m/s). 56. The amount of the refund of the service provider is calculated taking into account this provision in the tariff 51.2 or charges for water services provided and 54 of these regulations in accordance with the procedure laid down in point calculated water consumed or transported waste water quantity in the period of the infringement. The service provider is entitled to conclude with the user about the settlement for compensation and the payment procedure. 57. in addition to the provisions referred to in paragraph 53 conditions of service providers calculates compensation for infringements of the provisions of the service agreement, where this provision is referred to in section 7 user, discharged waste water in the production, testing, analysis laboratory, accredited service provider is found in effluents of contaminants higher than those laid down in paragraph 5 of these regulations, or contractual service maximum permissible pollutant concentration. The calculation of compensation shall be carried out using the following formula: V = T x K x (R-1), where V-the amount of the refund; T-sewer service or tariff set by the local government; K – the quantity of discharged waste water in cubic metres (m3); R – maximum contaminant level exceeding most of time, calculated using the following formula: R = E/M, where E-test detected contaminant concentration in the effluent (mg/l); M – in accordance with the provisions of paragraph 5 of the local government or established in accordance with the provisions of paragraph 6 of the service contracts the maximum allowable concentration of pollutants in the effluent (mg/l). 58. This provision of the compensation referred to in paragraph 57 of the service provider will begin to calculate the billing period in which was found the maximum allowable concentration of pollutants in the effluents, and the excess is applied until the next examination of waste water. 59. If the service the user is distracted pollutant concentration abnormal overruns the centralised sewage system sewage novadām, service provider by user shall be carried out at the request of the wastewater sampling and analysis in accredited laboratories. Payment for the following services performed by the user. If the test results show no exceedance of concentration of contaminants, this provision set out in paragraph 57, the refund does not apply from the next billing period. Service user demand the service provider look no earlier than three months from the date on which the Treaty established maximum permissible pollutant concentration in excess. If the user provides the concentration of pollutants in excess of prevention measures and has implemented them in a shorter period of time, the request referred to in this paragraph may be dealt with in the past. 8. final question 60. There should be no change in the meter of the komercuzskait node location, which built up to the date of entry into force of the provisions, even if the changed user or interrupted or terminated service agreement. Prime Minister Māris kučinskis environmental protection and regional development Minister David Gerhard