Law No. 5 of 20 April 1972 concerning water management in the Socialist Republic of Romania ISSUING NATIONAL ASSEMBLY and published in OFFICIAL GAZETTE No. 42 of 24 April 1972 STATEMENT of REASONS the rapid development of the industry, modernization of agriculture, increasing population and urbanization level of living, causes a significant increase in water demands and at the same time an increase of water pollution.
Also, in order to prevent damage caused by floods, acquires a meaning increasingly higher control destructive waters.
In order to prevent unreasonable use of water, pollution of their process and for the development of water management as a whole, it is necessary to strengthen the State discipline in this area through the development and application of uniform legal rules, accurate and comprehensive, in which to find coordinated solutions to the multitude and complexity of socio-economic relations can be created in relation to waters.
Taking into account the fact that the waters have the particularity that, besides the positive effects, may produce harmful effects, going as far as to the true calamity, there is a need to establish rules to help ensure normal water leakage, to permit a systematic action to prevent and combat flooding and hotel.
In order to achieve in the field of water management tasks from the Directives of Congress of the Romanian Communist Party, the other party documents and indications from senior party and State, it is necessary to review and improve the law governing substantive major relationships concerning the fitting, use and protection of water from the Socialist Republic of Romania.
The basis of the considerations referred to, was adopted the law on water management in the Socialist Republic of Romania, that whole experience, summarizing for 18 years in bodies of water management, replaced by Decree No. 143/1953 about the rational use and protection of waters, whose provisions were obsolete and have become mostly inappropriate.
The law includes a number of new chapters.
Chapter I, "General provisions" contains general regulations of major importance. It sanctioned the principle that water management in the Socialist Republic of Romania is an issue of State defines the notion of water, lays down the principle of planning of water management and provision of plans role of the watershed and of the general plan of water from the Socialist Republic of Romania.
Chapter II "preventing and combating the destructive action of water regulates the organisation of flood defence and drainage, hotel, protection of riverbanks and riverbeds, defense works indicate that when carrying out works and public interest defence funds shall ensure through both the State budget and financial contributions and employment of residents, according to the legislation in force.
Chapter 3: "Water Use" sign up to the principle of rational use of water, establishes priorities in meeting water requirements, as well as in the case of temporary restrictions on the use of water when drought or other objective causes, water resources shrinks.
Chapter IV, "protecting water quality includes the principle that pollution of the water in any way is prohibited and also requires duty of all ministries, central bodies, the country's Socialist organizations and inhabitants, to protect waters against pollution. It has also required all inserted by Socialist units that discharge wastewater with a content that exceeds the limits established by regulatory acts, to build wastewater treatment plants or stations.
Chapter V "Design, execution, maintenance and operation of the works what is build on EPA or related to waters ' govern some issues in relation to the design, execution, maintenance and operation of such works to influence the regime, or quality of the waters. An important requirement is that the opinion of the water management bodies given over economic and technical documentation of these works. Also in this chapter shall govern the conditions for the issue of authorisations for the water management bodies, their period of validity, when may be restricted, suspended or cancelled.
Chapter VI "measures for the protection and conservation of agricultural land in connection with performing what are built on water or relate to the waters" contain efficient measures for defence of land and reduced to the strict minimum necessary to their occupation of the work relating to water management.
Chapter VII "Organization and control in the field of water management" provides what are bodies of water management and rights that have to be able to fulfil his duties. The role of the organs of the County water management is stressed both in this section and other provisions of the law. To stimulate the rational use of water and taking the necessary measures for their protection, it has been inserted as a matter of principle the possibility of fees and penalties folosinţelor beneficiaries.
Chapter VIII "Sanction" includes the definition of acts which by their degree of social danger are incriminated as offences and sanctioned as such, as well as the opportunity to establish offences in the field of water management.
Chapter IX, "final provisions" includes some procedural provisions concerning the application of the law. It repeals the Decree nr. 143/1953 on rational use and protection of waters arrangement.
Pursuant to article 1. 57 of the Constitution of the Socialist Republic of Romania sign and we have to be published in the Official Gazette of the Socialist Republic of Romania, law No. 5 of 20 April 1972 concerning water management in the Socialist Republic of Romania.
State Board Chairman, Nicolae Ceausescu Bucharest, 24 April 1972.
In order to preserve the water resources of the country, their rational management, protection of water quality and population and property defence against the destructive action of the water, the great National Assembly of the Socialist Republic of Romania adopts this law.
Chapter I General provisions Article 1 In the Socialist Republic of Romania water management constitutes a matter of State. The Ministry of agriculture, Food and water, by the National Board of waters and the State party's policy on tourism with regard to the rational management of water and provision of water supplies for the needs of the population and the national economy, coordinates, directs, and controls the use and protection of water resources.
Conservation, development and harnessing of water quality protection against pollution of the rational use and saving water, prevention of and protection against harmful or destructive actions of waters, are carrying out the tasks of which must take part, in accordance with the law, all State bodies and organisations, cooperative organizations, other organizations of the public and all inhabitants of the country.
Article 2 shall be subject to the provisions of the present law: a) surface waters: natural water courses and artificial, natural or artificial lakes, ponds;
b) groundwater aquifer and depth, including the springs;
c inland waters): d) territorial sea.
Are also subject to the provisions of the present law watery beds, cuvetele, banks of lakes, sea, beach, inland of the sea bottom and the territorial sea, continental shelf as what works and build on EPA or relate to the waters, through which, directly or indirectly, the definitive or temporary changes in the drain or water quality.
Waters which form or cross the State border shall be subject to the provisions of the present law, to the extent that international conventions to which the Socialist Republic of Romania is a party not otherwise.
Article 3 by water management, within the meaning of this law, shall mean all measures, construction works, and installations designed to ensure uniform water regime most appropriate general interests, with a view to preventing and combating the destructive action of the rational use of water, in order to meet their social and economic needs and their protection against pollution and depletion.
Article 4 in order to coordinate the activity of water management complex, arrangement and make the best use of water resources, in order to protect them from pollution, as well as to prevent destructive action, the National Council of water ensures the preparation, in collaboration with the ministries, other central executive bodies and committees of the District Councils or popular Bucharest, interested, plans of arrangement of watershed and the general plan of water from the Socialist Republic of Romania on which subject to approval by the Council of Ministers.
Landscaping plans highlights the situation of quantitative and qualitative research of water resources, on river basins, State surplus and scarcity of water in relation to socio-economic development needs and indicate the most appropriate framework measures in terms of technically and economically feasible to solve, step by step, issues of water management, within the spatial planning of river basin perspective.
Landscaping plans or, where appropriate, the only hydro-schemes of complex arrangement is appropriate, update regularly stages of development of the national economy.
Article 5 water management, including the allocation of water resources is planned.
Major water management is nominated in the State on the proposal of the State Planning Committee and the National Council of water.
Proposed works for multiple purposes of water resources, as well as proposals for the necessary works to satisfy water requirements or defense against harmful or destructive action of water, affecting several central ministries, county councils, popular or Bucharest, are carried out by the national water Council together with the State plan.
Proposals for other works by using water or defense against harmful or destructive action, which is nominated in the State plan, shall be made by the Ministry, the central body, the Executive Committee of the Council of the municipality or county people's Bucharest, interested, with the agreement of the National Council of water.
Article 6 waters, construction works and installations of water management complex will be used whenever it is necessary and possible, into line with the same amount of water and through the same work of a large number of requirements and for coordinating the use of water by measures to combat harmful or destructive actions and measures for the protection of resources against pollution and exhaustion years.
Chapter II prevention and combating the destructive action of the section I General measures for defence against the destructive action of Article 7 for the purpose of preventing and combating the destructive action of the water plan and the State budget and through financial contribution and in respect of the carrying out of works of public interest shall ensure the means necessary for the construction of the main works of the water courses defenses, accumulations, banks, dikes, correction of torrents, desecări, asanări, afforestation of degraded lands in river basins, the prevention and control of soil erosion and landslides, as well as for forecasting hidrometeorologică and warning of the danger of flooding.
On water courses, in areas exposed to the destructive action of Socialist organizations, other legal entities, and individuals are required to take measures and to carry out the necessary work for defence goods that have direct ownership, administration or service.
Location of constructions of any kind in the gravel beds of the major water courses or in rear areas is only allowed with the water management bodies and provided the realisation of the measures necessary to avoid the danger of flooding.
Section II of article 8 in the drainage areas of unspoiled waters should be allowed to drain according to the natural rate. Downstream land holders are obliged to receive what waters flowing naturally from lands located upstream.
Strikethrough works or walkthrough of water courses, dikes, bridges, roads, railways, water intakes and any other work which may constitute an obstacle to the natural runoff of water, will be so executed and exploited, that any adverse changes of leakage water conditions.
Article 9 the works or any other measures which change water drainage arrangements may be made only on the advice of the water management bodies, given on the technical documentation in accordance with the law. For works and measures that alter the water's şenalul that makes navigation or navigation clearances is required and the opinion of the Ministry of transport and telecommunications.
Article 10 those changes without the opinion of the bodies of water management regime of water leakage and thereby causes or is likely to cause damage, shall be obliged, at the disposal of the water management bodies, to re-establish the situation through the abolition of works performed without notice or to perform additional work to avoid damage.
Section III protection of riverbanks and riverbeds, the work of Defense article 11 Riverbed is part of the natural Valley through which flow the waters of what is collected from the catchment areas.
Riverbed through flowing waters in small and medium enterprises constitute the minor, and the land areas over which pours the waters in Riverbed constitute large.
Delimitation of riverbeds to make water management bodies, in consultation with the bodies of land register and holders with any title you riparian land.
Article 12 minor gravel beds along the water courses and lakes or swamps are pieces of cuvetele in their natural state, as well as inland maritime waters and the bottom of the sea, are the direct administration of the water management bodies. Cuvetele Lakes or swamps are pieces in their natural state, the lands on which the Socialist organizations, other legal entities or individuals, have direct ownership or management, are receiving them, according to the indications of water management bodies.
Article 13 Land which make up the beds of water courses or forming floodplains Lakes and swamps are pieces are used by those who have ownership of, or direct management, in compliance with the provisions of this law.
Article 14 Residents and water folosinţelor are required to participate in the execution of maintenance of the riverbed, on the portion you are beneficiaries of trackside dwellers or to prevent erosion, collapse of banks due to împotmolirea times the riverbed harmful vegetation or other obstructions that would stingheri the normal flow of water.
Water management bodies coordinate their works to be executed by the trackside dwellers and those areas considered in the performance of obligations incumbent upon according to the preceding paragraph, setting tasks, among them fiecărora's contribution and terms of execution, and shall, if necessary, technical support specialist.
If the beds are arranged through construction, earthworks, or other works, maintenance, repair and restoration of these works, as well as maintenance of the landscaped area riverbeds, returns to those who have the direct management or use the work in question.
Maintenance of Riverbed and riverbanks in minor localities bordering water courses, off-piste areas in the State, with the care of water management bodies. For the realization of these works can be used and the financial contribution and of the inhabitants of these settlements, in accordance with the provisions of the law on the Organization of work and the contribution for making public interest work.
Article 15 Storing any materials in the gravel beds of the waters is prohibited. Storage of water in the gravel beds of any materials is permitted only with the consent of the holder of any basis and on the basis and under the conditions of the authorization issued by the water management bodies.
Article 16 Is prohibited from planting or felling trees and bushes on the land are not part of the forest, located in the gravel beds of water bodies without water management, in consultation with the forestry bodies.
For forest land, which is located in the drawing of water beds, trees and împăduririle will be made on the basis of the plans contained in the forest management plan approved by the water management bodies.
In areas where the dikes, dams, canals, bridges, culverts or other works of art of plantation protection times excavation communication routes, the opinion referred to in paragraph 1 and shall be issued in consultation with the bodies that have direct administration or use such works, and in areas where navigation is made, and with the agreement of the competent organs of the Ministry of transport and telecommunications.
In areas declared as national parks or nature reserves, the opinion will be given and with the approval of the Commission for protection of the monuments of nature.
At the request of water management bodies, and for the waters and waterways transport and telecommunications Ministry, holders with any title you riparian lands are required to make the planting or deforestation if whites defence interests of banks, to ensure the unhindered flow of water, use water or navigation, require it, with due regard for the legal provisions.
Article 17 the exploitation of sand, gravel, stone River, clays, and other materials from marns beds or from the banks of the water courses, lakes or the sea is permitted only on the basis and under the conditions of the authorization issued by the County water management.
Extractions of material from whites in amounts up to 1,000 mc per year necessary for maintenance of county roads, forestry, global may be authorized at the beginning of the year, on the basis of the list of sites submitted to the beneficiary.
Where the operation is to be done or furnished the whites around dams, intakes, dams, bridges, communication paths, and other works of art, it is necessary to obtain the authorization and consent of those who direct administration or use these works.
Shall be exempt from the provisions of the first paragraph of ballast or sand drawings are carried out by bodies of the Ministry of transport and telecommunication on water courses waterway, for the purpose of maintenance of the fairway, and withdrawals made to maintenance of the fairway of the Danube Delta Canal by the operating units of the Reed.
They are also exempted from the provisions of paragraph 1 draws material from whites in small quantities for households belonging to the individuals needs. These drawings can be made only at a distance of not less than 200 m from gauging stations and other hydrotechnical and with the approval of the Executive Committee of the people's Council in whose territorial RADIUS is done extracting, which, depending on local conditions, will determine on a case by case basis the quantities so as to not cause deterioration of riverbeds and riverbanks.
Article 18 in order to improve the system of water drainage and protecting exposed soil erosion land under water leak, how fitting and operation of those lands shall be determined, where appropriate, of agricultural and forestry bodies, with the opinion of the water management bodies and with the agreement of the executive committees of Councils, city and municipal popular communal.
Article 19 because the waters may not be deprived of the protection of the forests-and for improving the system of drainage waters, in the forests of the hilly and mountain areas will be limited to cutbacks of the trees in the forest management plan and in basins with high vâslan surface of the flooring, which will cut lynxs shall not exceed 10 ha.
Reforestation plans and location of wood mass of exploited, as well as plans for combating soil erosion on agricultural land and forestry, settlement and water leakage on the slopes of torenţilor, on the river basins will be certified by bodies of water management.
In catchment areas in which there are or are intended to carry out reservoirs, dams, dykes, canals, agricultural and forestry bodies competent to take measures for the protection of their works to combat soil erosion, the water leakage on hillsides and forest, as well as through the application of special rules for the maintenance of works performed and exploitation of forestry.
Article 20 around the lakes and reservoirs, dams and other water works, as well as along water courses, canals and dams, the zones shall be established.
The magnitude of protection zones and the use of land in these areas shall be established by decision of the Council of Ministers.
Article 21 Grounds located in the levee-mal can be used only in a manner compatible with the interests of the defence against the destructive action of the water management bodies agreed with those who had the operation and maintenance of the dikes and land owners.
Article 22 riparian land Holders are required to allow passage of): or the movement of employees of water management bodies, in order to carry out the duties incumbent upon those bodies;
b), in the stream bed and banks, and the measurements of water regime, and establishment and maintenance of facilities for these activities;
c) the transport and storage of materials and equipments for water leakage and assurance for defence against the destructive action of the execution thereof, and the intervention works for this purpose.
If access to the EPA for the purposes referred to in subparagraph (a). a and b of the preceding paragraph may be made not only by land belonging to the Ministry of the armed forces or the Ministry of Internal Affairs, access will be established by agreement with those bodies.
Access and storage facilities for the actions referred to in (c) of paragraph 1. 1 will be established with the consent of the respective owners with any title you land and of the Executive Committee of the municipal people's Council, municipal or communal, as appropriate. For damage caused to crops, land holders will be compensated in accordance with legal norms.
Article 23 in order to protect dams, dams and other works of defence against the destructive action of water, it is prohibited: a) to extract earth embankments or other material, dams or other defensive works, as well as in the areas of protection;
(b) material and storage) execution of building dykes, dams or other defensive works, as in the areas of protection;
c) to plant fruit trees and trees of all kinds on the dykes, dams and other defence works;
d) to move the vehicle or moving animals dykes or dams, unless when these are traffic or switching is done through specific places intended for that purpose;
e) leaving the animals to graze on dams, dykes or on banks or the whites, in areas in which they are executed works as well in their protective perimeters.
The bodies of the County water management may authorize, with the consent of those who direct the administration works referred to in the first paragraph, conducting; b, c, d and e, if it creates a danger of decay.
Section IV organization of defence against flooding and hotel article 24 defence against flooding and hotel constitutes a permanent task for all State bodies and organisations, other Socialist organizations, as well as a duty for all inhabitants of the country.
Article 25 the direction, coordination and control measures of defense against flooding and glaciers throughout the Socialist Republic of Romania, the national water Council, through the Central defense against flooding and hotel, which includes representatives of the ministries and other central organs concerned.
The territory of each county and the municipality of Bucharest, defensive action against floods and hotel is managed and controlled by the executive committees of Councils, county commissions, through municipal, city or municipal flood defence and hotel.
Ministries, other central organs, as well as the units that may be affected by flood, is constituted of flood defence headquarters and hotel.
Composition, powers and mode of organisation and functioning of the commissions and joint defenses against floods and hotel are established through Regulation of defense against flooding and hotel, which is approved by Decree.
Article 26 defence against flooding and the hotel basic defensive plans be developed for each river basin, County, municipality, city or municipality, of the Executive Committee of the local people's Council, with the technical support of the organ and the County water management and for each objective, defensible by those having direct or in-use management objectives. The content frame of Defense plans shall be established by Regulation of defense against flooding and hotel.
Article 27 the waters, to avoid calamity, on a proposal from the county commissions of defense against flooding and the Central Hotel, defenses against floods and flooding has driven hotel of some pre-war premises were established by defence plans against floods and hotel or introduce restrictions on the operation of exhaust systems, water holders with any title you riparian lands being forced to permit provisional retention of water on their land.
Dăunaţi compensation by retaining those provisional waters or inundated land in guided mode are approved, in relation to the damage caused, by a decree of the Council of Ministers, on a proposal from and based on the documentation prepared for this purpose by the executive committees of the District Councils or popular Bucharest, with the opinion of the Ministry of agriculture, Food and water.
Article 28, in special cases, to guard against flooding and participating hotel and the armed forces of the Socialist Republic of Romania. The intervention of the armed forces is made by military units in the area, on the basis of the provisions of the data, as appropriate, by the Ministry of the armed forces or the Ministry of internal affairs.
Article 29 Socialist Organisations are required to ensure proper maintenance of flood defence works and flood prevention targets exhibited hotel, direct administration or in their use and to endow it with tools, materials and equipment, in accordance with the norms in force.
Article 30 in case of danger of flooding or other disasters produced by waters, riparian land holders are required to allow the use of Earth, sand, gravel, stone and other materials from the whites, islets and waters, shores in order to execute urgent works of defence against the destructive action of the waters.
In the case of port areas, land with underground installations, land administration of the Ministry of the armed forces or the Ministry of Internal Affairs, the provisions of the preceding paragraph shall be applied only with the consent of the unit holder.
For preventing or combating disasters caused by great waters, all inhabitants who are obliged, at the request of local organs of State administration, to participate in the action of Defence organised by them. Also for the same purpose Socialist organizations, other legal entities and individuals shall be obliged, at the request of the same organs to make available materials, tools, means of transport and equipment on hold, to be used for defensive action, as provided by law.
Chapter III use of waters Article 32 the waters shall be gospodărite in such a way as to ensure their rational use, in order to meet the requirements of water, current and prospective, of the population and the economy.
Article 33 new water Requirements meet the water resources available, in order of importance to socio-economic folosinţelor as established by this law or other regulations.
Water demands for population prevails over any other.
Has priority, also the water supply to the units serving the general public and zoo technical sector.
In a situation where, in a given zone, there are no available water resources and water demands appear justified, which have priority in terms of socio-economic, these can be met from resources previously assigned to other water utility.
In this case, the water management bodies will determine the new beneficiary of the use of water, by the opinion given in accordance with art. 59, works or measures that it must carry out in order to ensure the continued operation of folosinţelor water limited.
Article 34 the groundwater, including Springs, are intended primarily for drinking water supply of the population and may not be used for purposes other than where the water supply requirements of the population will not be affected, except for extinguishing fires.
Article 35 drinking water from the water supply network of the centers is intended to satisfy the requirements and socio-economic activities, which cannot be deprived of drinking water.
This water can be used for, and other areas considered only if they are satisfied satisfying the requirements referred to in the preceding paragraph and only on condition that the new utility may be limited or abolished when new demands arise for water supply to the population.
Article 36 Socialist Organizations that use water are required to adopt production technology based on water consumption as well as smaller and save water through recirculating or repeated use. The National Council of water determines, in collaboration with the ministries and other central organs concerned, norms of consumption of water and follow their implementation.
Socialist organizations benefiting from the folosinţelor of water are required to organize the flow measurement of water abstracted and discharged, by installing this purpose measurement and control equipment.
Article 37 cardholders can use their land for their needs, the waters that fall and congregate naturally from rain and snow on these lands.
Surface water and groundwater may be used freely by anyone, for drinking, washing, watering, watered, soaked and other household needs, in compliance with sanitary norms and the protection of water quality, if to do so does not use any kind of facilities or installations are used for small capacity vehicles used exclusively for meeting the needs of the household.
Article 38 the use of surface water and underground water supplies for drinking and irrigation, industry, electricity production, fishing, rafting, stuficultură, flotaj, pleasure or any other purposes other than those listed in article 1. 37, is permitted only on the basis and under the conditions of the authorization issued by the County water management.
Article 39 Whether from natural causes or other objective causes, water resources decreases the flow of water so authorized cannot be fully insured for all folosinţelor, temporary restrictions may be applied in water consumption. Restrictions shall be determined according to the socio-economic importance of the folosinţelor-based restrictions on plans drawn up by river basins water management bodies, in collaboration with the beneficiaries of folosinţelor water, and approved by the ministries, other central executive bodies and committees of the District Councils, interested folk. The establishment of restrictions will give priority to meeting the water supply of the population, units serving the population, livestock sector and ensure the reserve water for firefighting. The fishery units, the restrictions will not exceed the critical limit of living fish. Restrictions apply to the approval of the executive committees of Councils popular County where it affects only the utility of local interest or with the approval of the Council of Ministers in other cases.
Article 40 sailing, fishing, the use of mineral and thermal waters, and Reed in the Delta operation, are governed by specific rules. What works is running for these purposes, modifies drainage scheme or quality of the waters are subject to the provisions of this law.
Sailing, fishing, an enourmous and flotajul will be carried out so as not to cause damage to shorelines and riverbeds, constructions and installations from whites, nature monuments and not to hinder the use of the water by other justified.
Article 41 of the groundwater Management shall be based on deep knowledge of groundwater available for use.
Confirmation of depth groundwater follows the regime established to confirm the reserves of minerals.
Article 42 For leisure and recreation of the people and the beauty of nature, the Central and local bodies of State administration, in collaboration with the Tourism Ministry and other concerned professionals studying and arranging along water courses or around the Lakes, tourist and recreational areas.
Chapter IV protection of water quality pollution in Article 43 any surface water or groundwater is prohibited.
Through water pollution means altering the physical properties, chemical or biological, produced directly or indirectly by human activities, from which the waters become unsuitable for normal use in the purposes for which such use was possible prior to altering.
Article 44 ministries, other central organs, organs of local State administration, Socialist organizations, other legal entities, as well as all the inhabitants of the country, have a duty to protect waters against pollution, so that they can be used for the purposes necessary for the population, economy and for protection of aquatic life.
Article 45 sewage, dumping or injection, any of which may cause pollution of surface water or groundwater, is permitted only on the basis and under the conditions of the authorization issued by the County water management.
Tipping and injection of wastewater or other materials in aquifers deep horizons are made and the Geology Department of the Ministry of Mines, Geology and Oil, according to the legal provisions in force.
Article 46 wastewater within the meaning of this law, are the waters that drain after use have shown, as are the waters used in human settlements, hospitals, nursing homes, factories and plants, thermal power stations, mines, scaffolding, farms gricultural, depots, leaks from ships and boats, water runoff from rain or other sources that were loaded with foreign substances derived from these areas considered as well as the waters which have been changed as a result of temperature.
As a result of which the waters become radioactive or increase the level of natural radioactivity is also considered wastewater.
Article 47 the use, transport, handling and storage of materials or other substances, in the areas around water and in any other place in which such material or substances could get into surface water or groundwater, in such conditions that it is not producing water pollution.
Article 48 the waste waters coming from sewage networks of centers will be discharged into water courses only after li will ensure an appropriate degree of purification. Executive committees of Councils will be taken for popular construction of WWTP at populated Centers equipped with sewage network.
Ministries, other central executive bodies and committees of the District Councils and popular of Bucharest, as well as industrial plants, measures will be taken for the construction of stations and wastewater treatment plants at the units under their supervision and discharging wastewater containing pollutants exceeding the limits set by the quality of the water management bodies. Radioactive waste waters, these limits shall be determined in collaboration with the competent organs of the central State.
The obligations referred to in the foregoing paragraphs shall apply to the addition to functional optimization or expansion of stations and wastewater treatment plants in existence, as the effectiveness or their capacity becomes insufficient.
Socialist organizations discharging waste water into sewage networks or stations of the wastewater treatment centers or other beneficiaries are obliged to comply with the conditions imposed by the quality of operation of these networks, in accordance with the norms in force in this area, while ensuring, where appropriate, waste water treatment at the place of production, up to the required level. In such situations it is necessary and the opinion of the water management bodies, which may, in certain cases, the conditions which must comply with the wastewater coming from these organizations.
It is also compulsory treatment or the re-injection of water depth strata mine or ore body which do not satisfy the conditions laid down in the quality of the water management bodies.
Article 49 shall be prohibited entry into service of new businesses or expanding existing units, which through their activities may constitute sources of pollution of water without purification plants and stations, or other works or measures to protect water quality, provided for in the notice of water management. Through this notice, conditions of sewage treatment, water management bodies may impose industrial units which shall be supplied with water from surface sources to evacuate purified waters upstream of their capture, as an additional safeguard for the protection of water quality.
Article 50 Socialist Organizations possessing stations or water treatment plants are required to exploit the technological capability and the conditions needed to ensure water quality, laid down in the notice provided for in art. 59 and to maintain them in good condition, in accordance with the technical regulations and the provisions of the authorization issued by the water management bodies.
Article 51 when setting or changing of the technological industrial Socialist organizations will take measures for water recirculation, reducing in the fullest possible measure of the volume of wastewater discharged, the reduction of the harmfulness of waste, compliance and useful substances formuli from sewage and waste water discharged to, up to the limits established by the decision-making bodies of water management.
Article 52 In serious pollution of the waters or in the event of a potentially serious pollution which threatens the health of the population can result in damage to the economy, significant national Board of waters may order stopping the operation of the establishment or plant that causes water pollution, until the removal of the causes, with the central body încunoştinţarea or prior to the Executive Committee of the people's Council to which the unit in question.
Article 53 For ensuring the quality of drinking water, the Ministry of health establish conditions of water, that pathogenetic germ sanitary measures necessary in installations of water supply and consumption points and ensures control over them.
In order to protect sources and drinking water supply, be set up around their health protection zone in which, in addition to the measures provided for in this chapter shall also apply to special protection measures. Establishment of sanitary protection zones and of the system of land use in these areas is regulated by specific legal rules.
Article 54 bodies of water management organization ensures data quality Fund, through systematic tracking of them, draw up plans for the management of water quality on rivers and catchment areas and put at the disposal of the Socialist organizations, at their request, the results of studies and research, as well as data on the conditions of the discharge of wastewater into surface water or groundwater. The Fund data on the quality of all organizations that contribute performs analyses of waters under conditions to be laid down in a decree of the Council of Ministers.
Article 55 of the water management Bodies shall, according to legal norms, systematic implementation of measures for the protection of water quality, in cooperation with law enforcement agencies, fisheries and hunting, tourist and other State and public organizations.
For water courses, in which keeping proper water quality require special measures of protection measures, will create committees to monitor the water quality. These committees work under the direction of the national water Council and consists of representatives of the executive committees of Councils, interested bodies and popular County water management, county sanitary Inspectorate, units that use water course as a source of food as well as units that can cause its pollution.
Chapter V Design, execution, maintenance and operation of the works what is build on EPA or relating to waters within the meaning of Article 56 of this law, through works which are built on water or relate to the waters, means: (a) the construction or installation of) defense against the destructive action of the water main, and defenses: consolidation of banks and the whites, and whites of corrections reprofilări routing, water works, control of soil erosion, the spill on hillsides, correction of torrents, asanări, desecări and other defence works;
(b) the use of works) of water construction and related facilities: drinking water supply for irrigation, industrial and fishery facilities stuficole facilities, hydroelectric power plants, utility works, arrangements for sailing, rafting and floating bridges, flotaj, Spa facilities, tourist or leisure, other works of this kind;
c) building and installation works for the protection of water quality, or that affects the quality of the waters; sewage works, discharge and discharge of waste water, and wastewater treatment plants, underground water, other such works;
d) building and installation works that alter the water regime: dams, banks, derivatives, bridges, crossings, arrangements for gravel pits and mining materials, afforestation and deforestation, the curtains part or filter, any works in the gravel beds of water courses and Lakes;
e) building and installation works, what is running on the beach of the sea, of the sea bottom and the territorial sea, continental shelf or works for the defence of the sea coast;
f) drilling works, gauging, borne topohidrografice, and any other works of field studies in relation to waters.
Article 57 in the preparation of technical documentation for the work referred to in article 1. 56 will take account of the provisions of the plans of the basin, which are all directory what are built on water or relate to the waters.
The provisions of the plans of arrangement will be taken into consideration in the execution of the works and other than those listed in article 3(1). 56, in order to preserve the site for future works of release value of water resources.
Water management bodies shall hold at the disposal of the units concerned plans of arrangement covered by the provisions of this article.
Article 58 If a work in the category of those listed in article 3(1). 56 it is appropriate or may be appropriate to be used simultaneously by multiple stakeholders, you can assign them to run in collaboration work of mutual interest.
Water management bodies shall provide, in its opinion on the technical documentation, and stakeholder collaboration, whenever in terms of water management and economic efficiency is also indicated that, in place of several works from the category of those listed in article 1. 56, to carry out a complex character, following a unitary project. Also, in the absence of legislation or an agreement between the parties, the water management bodies indicated in opinion that are parties to join, with which they participate in the necessary execution costs in relation to benefits or interests of each of them, as well as the time limits to which it is necessary to appropriate funds.
Article 59 for the purpose of rational use and protection of water complexes, water quality and avoid damage caused by the destructive action of the water, the technical documentation of the work what are built on water or relate with must have the opinion of the water management bodies.
The provisions of this notice are required.
Functional parameters of water management, you work and their working conditions in terms of water management shall be recorded in the opinion.
The powers of an opinion shall be adopted by decision of the Council of Ministers.
The opinion of the bodies of water management will be issued, taking into account: (a) work plan) classification of basin;
b) ensuring normal water leakage;
c) defences against harmful or destructive actions of the waters;
d) possibilities for meeting the water flow;
e) coordination with existing water folosinţele and riveranilor interests;
f) water quality protection;
g) use complex water and hydro-technical works and adopting the most rational and economic solutions in terms of water management;
(h) compliance with international conventions) waters which form or cross the State border.
The National Council of water determines the content of the technical documentation for obtaining the water management bodies and procedure being considered.
If the work is not put into execution within 3 years from the date of receipt, a fresh opinion.
Article 60 hydro schemes and Plans for river basins and their periodic can updates as well as technical documentation of complex water management of particular importance, endorsed by the leading collective of the national water Council, with the participation of representatives of Central and local bodies concerned.
Article 61 shall be exempt from the provisions of art. 59: a) the work of afforestation and deforestation, combating soil erosion, the spill on hillsides and correction of torrents, as provided for in the plans approved under art. 19 para. 2;
b) works for the water supply of the work of organizing the dock, as well as the drilling of prospecting, if total flow diverted for not more than two litres per second;
c) injections into deep layers, technological purposes, the deposit of water derived from crude oil extraction scaffolding, which do not produce water strata pollution crossed.
Article 62 the opinion of water management bodies referred to in article 1. 59 it is necessary and in case of change or remove existing works, or whether it changes the items contemplated in the original opinion.
Article 63 in the notice given in accordance with art. 59 or by permit issued in accordance with art. 64, water management bodies may require those applying for permits or authorizations to carry out the work or take the necessary steps in order not to impede the functioning of the existing folosinţelor or what will be created and does not cause damage upstream and downstream riveranilor.
Article 64 commissioning works that are built on the water or in connection with, approved, under art. 59, is permitted only on the basis and under the conditions of the authorization issued by the County water management.
Upon authorization, the water management bodies shall verify compliance with the provisions of the Advisory opinion given pursuant to art. 59 of this law and shall, in the light of that opinion, how it will exercise its right of use and will be operated in the work.
Article 65 Permits is requested by Socialist organizations, other legal entities or natural persons who exploit the works.
For serving more beneficiaries are issued one authorization to the person who has direct ownership or management in use that work. Sampling and water discharges shall be approved by the holders of the authorization, within the limits of rights and in compliance with the conditions set out in this permit. In such situations it is necessary and the opinion of the district bodies of water management, which may, in certain cases, the conditions under which you can make withdrawals or water discharges of other beneficiaries than the holder of the authorization.
The National Council of water determines the content of the technical documentation necessary for the issuance of the authorization, issuance of its proceedings, as well as cases in which certain conditions needed to be included in the authorisation, shall be determined directly from this organ.
Article 66 the authorisation may be issued at indeterminate or term.
The right acquired on the basis of the authorization cannot be passed without the consent of the bodies of water management.
Authorization for temporary usage for geologic drilling works can give global, early, on the basis of the list of locations of sampling points water what are considered in that year.
Article 67 the authorization invalid in the following cases: a) on the expiry of the period for which it was issued;
b) when acquired rights are not exercised for two years in a row.
Article 68 the authorization may be modified, suspended or revoked by law enforcement officials who issued it, though: a) water resources or beds suffered changes essential to the situation envisaged at authorization;
(b) new requirements) which must be satisfied as a priority;
c) causes unforeseen or due to the holder of the authorization to exercise the right of further endangers the life or health acquired population or public property or security of individuals.
Article 69 the work built on the waters or waters are linked with fixed assets of Socialist organizations they have built or acquired in any manner.
Article 70 mourners in direct management, property or service works constructed on the water or in connection with the waters are required to maintain them in good condition and to exploit them in accordance with the provisions of the permits and authorizations issued by bodies of water management.
Where the water management serves many beneficiaries, they can be associated for the purpose of maintenance and exploitation.
Article 71 the work built on the water or in connection with the waters in which they are interested in several beneficiaries, maintain and operate, as the case may be: (a) the principal beneficiary) established by the Act of approval of the work;
b) each beneficiary of the work involved;
c) Association of the beneficiaries;
d) water management bodies or other specialized organizations established by laws.
In the cases referred to in this article, the maintenance and the exploitation of the work shall be determined by regulation, drawn up by the interested parties. The regulation shall be determined and quotas for participation in the common expenses of maintenance and operation, whenever the water delivered, receiving wastewater in emissary or services through the work, are not set prices or rates.
If the maintenance and operation of the works are not bodies of water management, the regulation referred to in the preceding paragraph will be endorsed by these organs.
In the absence of provisions laid down by law or in the event of disagreement between the parties of the water management bodies shall determine who are the stakeholders in the maintenance and operation of the works referred to in this article as well as share their participation in costs.
Article 72 those who forgo the use of a work constructed on the water or in connection with the waters are obliged, at the disposal of the water management bodies, to abolish this hinders normal if water leakage.
Chapter VI Measures for the protection and conservation of agricultural land in connection with performing what are built on water or in connection with Article 73 EC works Designing and building on the water or in connection with the waters will be made and in compliance with the legal provisions concerning the defence, preservation and use of farmland.
Article 74 To establish routes and locations of work on dikes, defense and consolidation of banks, corrections and reprofilări of the whites and to combat soil erosion will follow to avoid occupation of arable land, vineyards or orchards and maintaining the possibility of exploitation of the land.
Article 75 the design works for use or protection of water quality, as pumping stations, tanks, treatment plants, wastewater treatment plants, power transformation stations and workshops, building annexes, shall be adopted in the plan provisions, locations and constructive solutions to ensure maximum use of land occupied, avoiding unused spaces for a technological purpose.
In the case of works of the kind referred to in the preceding paragraph shall follow the maximum use of land already affected the perimeter of existing works, in order to avoid or reduce to the strict minimum required withdrawal from agricultural production to other lands.
Article 76 accumulation Lakes design will take into account the fact that, in addition to getting some favourable economic and technical indicators, areas of arable land, vineyards and orchards, flooded by the creation of the Lakes, to be minimised in their amount and at the same time to obtain a volume of water accumulated as high relative to those areas.
Article 77 to compensate losses of agricultural production on arable land inundated by the creation of the Lakes, in technical documentation will follow: a) removing flood regime in order to shift to a higher category of service, some areas of land, located downstream from the reservoir, each of size at least equal to the area of arable land flooded by the reservoir;
b) ensuring irrigation with water from the dam Lakes created for the purpose of drinking water supply, and electricity production and, when possible, and to defend against floods, some areas of land on which to obtain a raise greater than the agricultural production was done on these lakes flooded land.
Article 78 the Organization execution what is build on EPA or relating to waters, agricultural lands used for the burial of piping pipe or water as well as for organization of construction sites will be occupied for a period of time strictly limited to the needs of the technological process and intelligibility will be able to be used in agricultural production after the completion of the work. It will also follow, like playing the land in agricultural production to be made before the period of agricultural crop.
Land in Neredarea can be used in agricultural production on the expiry of which it has approved their temporary removal from agricultural production constitutes contravention and shall be imposed according to law provisions.
Chapter VII organization and control in the field of water management Article 79 Bodies of water management within the meaning of this law are: a) National Council of water from the Ministry of agriculture, Food and water, which provides water management on river basins and throughout the country;
b) County water management, specialized organs that of executive committees of councils that provide popular County water management at the local level.
Duties and powers of the organs referred to in the preceding paragraph shall be determined by law.
Article 80 For inspection and supervision of the exercise in the field of water management, within the National Council of State water works water Inspection. Organization and operation of the State water Inspection shall be laid down by Decree.
Article 81 To apply the provisions of this law and to ensure discipline in the field of water, water management bodies, in the performance of job duties, have the right: (a)) of access to waters in the areas over the waters, as in any place, and, where necessary to make findings regarding the implementation of measures for water management;
b) to inspect the works built on water or having connection with waters and check if they are operated and maintained in accordance with the provisions laid down by law and in compliance with the provisions of the notices and authorizations issued by bodies of water management;
(c)) to take samples of water and examine the controlled units, as provided by law, any information or documentation necessary for the checks; management of controlled units are obliged to give all the information necessary to carry out the checks;
d) to give obligatory for controlled units taking measures necessary for elimination of the deficiencies found;
e) to find violations that constitute crimes or offences in the field of water management and to conclude the acts provided for by the provisions laid down by law.
For the exercise of the rights referred to in points. a, b and c of the preceding paragraph in the units of the armed forces Ministry and the Interior Ministry, the bodies of water management will get approval in advance.
Militia and other organs of State organs are obliged to give the employee contest water management bodies, where they encounter resistance in the exercise of the rights referred to in paragraph 1. 1. Article 82 EC Measures are taken by the water management does not remove the obligation of those responsible to repair the damage caused by the violation of this law or of permits and authorizations issued by bodies of water management.
Article 83 in order to knowledge of water resources and their regime, the national water Council organizes the data and information, and hydrological, hydrogeological and forecasts weather, obtained on the basis of observations, measurements and studies conducted by specialized units and other central ministries or organs.
Organizing and keeping the Fund database and hydrological, meteorological, hydrogeological and service module with data, information and forecasts, shall be fixed by Decree.
Organization and maintenance of fund documentation for hydrogeological groundwater depth follows the regime established by the laws for geological works.
Article 84 of the water management Bodies shall draw up and keep up-to-date a register general of waters, including data on water resources, works and folosinţelor water degradărilor, floodplain areas produced by EPA on their beds, water pollution sources and other elements, giving the Socialist organizations data and information which they are required.
Riparian land holders and beneficiaries of the works constructed on the water or in connection with the waters are required to provide water management bodies, at their request, data necessary for establishing and keeping up to date cadastre general of water.
Article 85 recipients of works constructed on the water or in connection with the waters are required to carry out such work in the area and to inform water management bodies, according to the instructions given by that technical organs, observations, analyses and systematic measurements regarding the surface waters and groundwater and how behaviour works, securing the necessary facilities for this purpose.
Technical instructions provided for in the preceding paragraph are given with the authorization referred to in article 1. 64. Article 86 of the County governing body of water management technical assistance, issues covered his duties, the executive committees of Councils, city and municipal popular communal as well, together with the ministries and other central bodies, economic entities, State and cooperative enterprises, within the County.
Article 87 for the provision of services by Socialist organizations in the field of water management, set tariffs that are approved by decision of the Council of Ministers.
Water management bodies are entitled to charge fees for the use of water and for discharging to surface waters and groundwater.
Folosinţele subject to the provisions of the preceding paragraph, the size of the fees, the stimulation of the units, as well as how to use the sums received from fees, for water management, shall be established by decision of the Council of Ministers.
For the degradation of natural resources water quality can be applied and what penalties will be established by law.
Chapter VIII, Article 88 Penalties Enforcement works on the water or in connection with, any such modification or extension works without water management body or in contravention of the opinion, if by doing so it creates a danger for the population or could cause damage to the national economy, constitutes an offence and is punishable by imprisonment from one month to one year or by a fine.
The same punishment shall be imposed on those cases of pollution of surface water or groundwater, which endanger the health or bodily integrity of humans, animal life, agricultural or industrial production, or the Fisheries Fund.
The acts referred to in paragraph 1. 1 and 2, where they have caused damage to the national economy or to natural persons, shall be punished with imprisonment from 6 months to 3 years if it does not constitute a more serious offense.
Injury to health or bodily integrity of humans as a result of the facts referred to in paragraphs 1 and 2. 1 and 2 is punishable under criminal law.
Article 89 Employees of water management bodies specifically designated by the President of the National Council of water are competent to draw up acts of infringements in the field of water management and forestry crimes concerning the cutting of non-forest vegetation protecting the banks of watercourses and water management.
Article 90 the facts which constitute the offence rules relating to water management, the categories of employees of Socialist organizations entitled to establish offences and apply appropriate penalties shall be established by decision of the Council of Ministers. Administrative sanctions may be imposed and to legal persons.
Chapter IX final provisions Article 91 apart from the cases that have been referred to measures on the water management bodies are entitled to take them on the basis of the provisions of this law and affecting the interests of beneficiaries of utility, riveranilor and other stakeholders will be taken with prior consultation.
Article 92 the supervision and survey of dams and other engineering, in order to prevent the degradation and damage them, and control how it meets this obligation, they shall be pursuant to specific legal rules.
Article 93 against the measure taken by the National Council of waters in accordance with article 5. 52, the Ministry or the central body to which the unit whose operation has been halted, and in the case of local interest, the Executive Committee of the County Council of popular, may address the Council of Ministers.
Article 94 against the refusal to issue permits. 7, 9, 16, 18, 19, 33, 48, 49, 58, 62, 63, 65 and 71 may make complaint to the President of the National Council of water or the President of the Executive Committee of the County Council's popular where competence lies with the County endorsement of the body of water management.
Against the refusal of the body County water management to release the agreement referred to in article. 66 para. 2. authorisations referred to in article. 15, 17 para. 1 and 2, art. 23 para. final, art. 38, 45, 64 and 66 para. 3 you can make a complaint to the Chairman of the Executive Committee of the people's Council.
Against the conditions set out in the notices or authorizations issued by bodies of water management may make complaint to the President of the National Council of water within 30 days of the communication of the opinion or authorization.
Against the application of the measures laid down in articles 81 and 82. 14. 2, art. 391. last and art. 71, ultimate, you can make a complaint to the President of the National Council of water or the President of the Executive Committee of the County Council's popular where measures have been drawn up by the County's water management.
Against the conditions laid down by the County water management in application of art. 21 may make complaint to the Chairman of the Executive Committee of the people's Council.
The deadline for placing complaints referred to in the preceding paragraphs shall be 30 days from the date of the communication made by the water management bodies.
Article 96 people who consider themselves to be harmed in their rights through acts of the bodies of water management may apply to the competent courts, in accordance with the law No. 1/1967 regarding the judgment by the courts of requests to those harmed in their rights via administrative action.
Article 97 In the cases provided for in article 4. 10 and 72, unless it gives a result of non-execution of the work or works, if necessary, additional bodies of water management may request through the abolishment of the Justice of those works or performing additional arranged.
Article 98 Permits issued before the entry into force of the present law retains its validity, except as provided for in art. 67 and under the conditions laid down in article 23. 68. Article 99 this law shall enter into force 30 days after its publication in the Official Gazette of the Socialist Republic of Romania. On the same date, the Decree nr. 143/1953 on rational use and protection of waters, as well as any other provisions contrary to the provisions of this law are hereby repealed.
This law was passed by the National Assembly at its meeting on 20 April 1972, with the unanimity of the votes cast by those deputies present at the session 433.
President of the great National Assembly, Ştefan Voitec Bucharest, 20 April 1972.