Establishes The Administrative Regime Of Regulation Of Safety Of Dams, Approved By Decree-Law No. 344/2007, Of October 15

Original Language Title: Estabelece o regime contra-ordenacional do Regulamento de Segurança de Barragens, aprovado pelo Decreto-Lei n.º 344/2007, de 15 de Outubro

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Read the untranslated law here: http://app.parlamento.pt/webutils/docs/doc.pdf?path=6148523063446f764c3246795a5868774d546f334e7a67774c336470626d6c7561574e7059585270646d467a4c316776644756346447397a4c334277624449794f4331594c6d527659773d3d&fich=ppl228-X.doc&Inline=false

1 PROPOSAL of law No. 228/X explanatory statement the security control of dams, which arises from the project phase and throughout the life of the work, it is, pursuant to Decree-Law No 344/2007, of October 15, the water Institute, i. p., acting as the national authority for safety of Dams with jurisdiction in these matters. The safety of dams in Portugal assumes the utmost importance, due to the risk associated with the existence of these hydraulic infrastructures which, in case of breakage may lead to large disasters. Understand that the failure on the part of the owners, the duties which are imposed by the Regulation of safety of Dams, in accordance with the decree-law, have to be associated with an appropriately dissuasive penalty practice of these offences, so as to minimize the possibility of risk to human lives and property damage. With the creation of administrative offences provided for in paragraph 8 of article 10 of this decree-law, subject to minimum and maximum fines frames more aggravated, you can prevent with greater rigour and effectiveness the occurrence of situations of extreme gravity dams and, consequently, prevent accidents related to structural aspects, hydraulic-environmental and operational, thus contributing to ensure the safety of dams built and build in Portugal.

So: under d) of paragraph 1 of article 197 of the Constitution, the Government presents to the Assembly of the Republic the following Bill: 2 Article 1 subject-matter this law establishes the administrative regime of regulation of safety of Dams approved by Decree-Law No. 344/2007, of October 15, designated as Regulation. Article 2 administrative offences 1-Constitutes a misdemeanour punishable by a fine of € 1,000 to € 5,000, in the case of a natural person, and of € 15,000 to € 25,000, in the case of a legal person:) does not submit to authority the designation of technical director of the work, in accordance with the provisions of subparagraph (a)) of paragraph 2 of article 10 of the regulation; b) communicate to the construction start date, as provided for in subparagraph (b)) of paragraph 2 of article 10 of the regulation; c) the lack of submission to national laboratory of Civil Engineering (LNEC) the data referred to in subparagraph (g)) of paragraph 2 of article 10 of the regulation; d) does not organize or keep updated the technical book of the work, in accordance with the provisions of paragraph h) of paragraph 2 of article 10 of the regulation; and Don't organize or keep updated) the technical construction file pursuant to paragraph i) of paragraph 2 of article 10 of the regulation; f) does not submit the approval of the authority, at the end of the construction phase, the rules of operation of the dam and the designation of the technician responsible for the holding, in accordance with the provisions of paragraph j) of paragraph 2 of article 10 of the regulation; g) do not communicate the predicted date for the filling of albufeira, as provided for in paragraph n) of paragraph 2 of article 10 of the regulation;

3:00) do not communicate the predicted date for the end of the construction, as laid down in point (a) o) of paragraph 2 of article 10 of the regulation; I) communicate any changes to the plans, as provided for in subparagraph (b)) of paragraph 3 of article 10 of the regulation; j) does not communicate the LNEC evolution of albufeira, as provided for in subparagraph (e)) of paragraph 3 of article 10 of the regulation; l) does not update the technical book of the work, in accordance with the provisions of subparagraph (f)) of paragraph 3 of article 10 of the regulation; m) did not organize or keep updated the technical file of the work, in accordance with the provisions of subparagraph (g)) of paragraph 3 of article 10 of the regulation; n) not to promote the revision of the rules of operation of the dam, as provided for in paragraph (h)) of paragraph 3 of article 10 of the regulation; the) not communicate the LNEC evolution of albufeira, as provided for in point (d)) of paragraph 4 of article 10 of the regulation; p) does not update the technical book of the work, in accordance with the provisions of subparagraph (f)) of paragraph 4 of article 10 of the regulation; q) does not update the technical file of the work, in accordance with the provisions of subparagraph (g)) of paragraph 4 of article 10 of the regulation; r) does not inform the civil protection services of the changes made, as referred to in subparagraph (i)) of paragraph 4 of article 10 of the regulation; s) not promote adjustments to the plan, as set forth in subparagraph (j)) of paragraph 4 of article 10 of the regulation; t) does not send the elements of the technical file in accordance with paragraph 3 of article 30 of the regulation; u) does not present the opinion required by paragraph 3 of article 31 of the regulation; v) does not present the final report required in paragraph 4 of article 31 of the regulation; 4 x) does not carry out automation of data imposed by authority, as set forth in subparagraph (a)) of paragraph 2 of article 36 of the regulation; z) the non-compliance of the operating duties of observation system referred to in point (b)) of paragraph 2 of article 36 of the regulation; AA) do not draw up reports in accordance with the provisions of paragraph 3 of article 36 of the regulation; AB) not performing the steps provided for in (a)), b) and (c)) of paragraph 2 of article 37 of the regulation, when providing for a quick emptying of the labufeira of classes I and II dams; AC) do not produce the repair projects, in accordance with the provisions of paragraph 3 of article 41 of the regulation; ad) Doesn't stay organized even updated the technical file of the work on the holding, in accordance with article 42 of the regulation; AE) the failure of two years in paragraph 2 of article 56 of the regulation;


AF) the failure of six years of constant) of paragraph 3 of article 56 of regulation to the dams of class III. 2-Constitutes a misdemeanour punishable by a fine of € 5,000 to € 25,000, in the case of a natural person, and € 45,000 to € 80,000, in the case of a legal person: a) promote the implementation of the works in accordance with the provisions of paragraph b) of paragraph 2 of article 10 of the regulation; b) do not communicate in due time to the LNEC operations relative to installation of the observation system, as provided for in point (d)) of paragraph 2 of article 10 of the regulation; c) failure to comply with the plan of survey referred to in point (e)) of paragraph 2 of article 10 of the regulation; 5 d) is not a data file obtained by observation system, in accordance with the provisions of subparagraph (f)) of paragraph 2 of article 10 of the regulation; and) do not promote the plan of first filling the albufeira as established in point l) of paragraph 2 of article 10 of the regulation; f) do not communicate in due time to the date scheduled for the beginning of filling of albufeira, as provided for in paragraph m) of paragraph 2 of article 10 of the regulation; g) the failure of the first plan of albufeira or filling of filling plan after prolonged deflation, pursuant to subparagraph (a)) of paragraph 3 of article 10 of the regulation; h) does not update the file of the data obtained by observation system as required in subparagraph (d)) of paragraph 3 and point (c)) of paragraph 4 of article 10 of the regulation; I) carry out the exploitation of dam in non-compliance with the operating rules, in accordance with the provisions of subparagraph (a)) of paragraph 4 of article 10 of the regulation; j) do not communicate the exceptional occurrences and abnormal circumstances and respective measures, as referred to in point (c)) of paragraph 3 of article 10 of the regulation; l) does not provide the authority and civil protection services exceptional occurrences and abnormal circumstances and respective measures, and promote your study, under the conditions laid down in point (b)) of paragraph 4 of article 10 of the regulation; m) Perform changes or extensions of the dam, as well as repairs in the medium or long term, according to projects which have not been subjected to the approval of the authority, in accordance with the provisions of subparagraph (e)) of paragraph 4 of article 10 of the regulation; n) does not update the internal emergency plan in accordance with the provisions of paragraph h) of paragraph 4 of article 10 and article 52 of the regulation; 6 the) does not adapt the plan of survey or drawing up the first plan in accordance with the provisions of paragraph 3 of article 18 of the regulation; p) does not adapt the plan of survey in accordance with article 20 of the regulation; q) do not promote the updates of the plan in accordance with the provisions of paragraph 2 of article 21(2)(b) of the regulation; r) Perform significant alterations of the project without the permission of the authority, in accordance with the provisions of paragraph 2 of article 23 of the regulation; s) does not implement the internal emergency plan before the start of the filling of albufeira, in accordance with the provisions of paragraph 3 of article 28 of the regulation; t) does not control the structural safety, hydraulic-environmental and operating as required in paragraph 1 of article 36 and in articles 38 and 39 of the regulation; u) the abandonment and demolition of structures of a dam without complying with the provisions of articles 43 and 44 of regulation; v) does not submit to the approval Authority the particulars referred to in paragraph 1 of article 56 of regulation, under the conditions laid down in that article; x) the non-compliance with the time limits of two and four years, respectively, to the dams of class I and II in accordance with the provisions of paragraph 3 of article 56 of regulation. 3-Constitutes a misdemeanour punishable by a fine of € 40,000 to € 100,000, in the case of a natural person, and of € 300,000 to € 2 million, in the case of a legal person: a) inform the Authority or perform procedures to alert civil protection services, as set forth in paragraph 2 of article 48 of the regulation; b) does not trigger the warning system to the population as provided for in paragraph 3 of article 48 of the Regulation. 4-the attempt and negligence are punishable, in which case halved the minimum and maximum limits of the fines referred to in this article. 7 article 3 Determination of the sanction applicable 1-the determination of the extent of the fine is made in the light of the seriousness of the against-ordination, of agent for the your economic situation and of the benefits derived from the practice of. 2-in determining the applicable sanction is taken into account previous and subsequent conduct of the agent and the requirements of prevention. 3-Are still cogent coercion, counterfeiting, false declarations, simulation or other fraudulent means used by the agent, as well as the existence of acts of concealment or dissimulation in order to impede the discovery of the offence. Article 4 penalties 1-offences provided for in article 2 may, simultaneously with the fine and under the general law, be applied the following penalties: a) Loss to the State of objects belonging to the agent and used in the practice of infringement; b) Prohibition of the exercise of activities of waste management operation that depend on public or title of authorization or approval of a public authority; c) ineligibility the allowance or benefit granted by entities or public services; d) Deprivation of the right to participate in public tenders relating to the contract or the award of public works, supply of goods and services, the provision of public services and the granting of licences or permits; and installation or establishment Closure) subject to authorisation or license of administrative authority; 8 f) Suspension of permits, licenses and permits. 2-The sanctions referred to in paragraph 1 (b)) f) above have the maximum duration of two years, reckoned from the date of its final judgment.


Article 5 of the Replacement situation and compliance with missing 1-Without prejudice to the provisions of the previous article, the offender is obliged to remove the causes of infringement and to reconstitute the situation that was due or before practice. 2-whenever the duty of resetting the previous situation not be voluntarily fulfilled, the competent authorities for the surveillance act directly on behalf of the offender, being the costs charged by force through the procedure laid down for the tax. 3-the preceding paragraphs shall not preclude the fulfilment of obligations arising from Decree-Law No. 147/2008 of 29 July. Article 6 Education processes and sanctions the establishment, the statement and the decision of an administrative offence, as well as the application of fines and penalties, it is up to the National Security Authority of dams. Article 7 product of the fines the proceeds of fines provided for in this law is affected as follows: 60% for the State); b) 40% to the National Security Authority of dams. 9 Article 8 entry into force this law shall enter into force on the day following your publication.

Seen and approved by the Council of Ministers of 25 d September 2008 the Prime Minister, the Minister of Parliamentary Affairs Minister Presidency