Law No. 634 Of 7 December 2002 Approving Ordinance No. 32/2002 Concerning The Organisation And Functioning Of Public Services, Water Supply And Sanitation

Original Language Title:  LEGE nr. 634 din 7 decembrie 2002 pentru aprobarea Ordonanţei Guvernului nr. 32/2002 privind organizarea şi funcţionarea serviciilor publice de alimentare cu apa şi de canalizare

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Law No. 634 of 7 December 2002 approving Ordinance No. 32/2002 concerning the organisation and functioning of public services of water supply and sewage ISSUING published in PARLIAMENT OFFICIAL GAZETTE nr. 915 of 16 December 2002, the Parliament of Romania adopts this law.


The sole article approving Ordinance No. 32 of 30 January 2002 on the organisation and functioning of public services, water supply and sanitation, adopted pursuant to article 1. 1, point IV of law No. 751/2001 on empowering the Government to issue decrees published in the Official Gazette of Romania, part I, no. 94 of 2 February 2002, with the following amendments and supplements: 1. In article 1, paragraph (1) shall read as follows: Art. 1.-(1) this Ordinance establishes a unitary legal framework concerning the establishment, organization, management, regulation, funding, monitoring and control of public service officials of water supply and sanitation. "
2. In article 2, paragraph (2) shall read as follows: "(2) organizing and conducting the work of the public service of water supply and sanitation public authorities are required to ensure: (a) improve the conditions of life) of the citizens;
  

b) achievement of a modern urban infrastructures as the basis of economic development and with the aim of attracting investment profitable for local communities;
  

c) sustainable development of services;
  

d) environmental protection;
  

e) ensuring water-consumption metering for each consumer ending supply contracts. "
  

3. Article 3 shall read as follows: Art. 3.-use the technical terms are defined in the annex to the Ordinance. "
4. In article 5, paragraph 1, subparagraph d) shall read as follows: "d) compliance with the rules specified in the field of water management, environmental protection and health."
5. In article 9, after paragraph 2, insert (3) with the following contents: "(3) detailing the modalities of management referred to in paragraph 1. (1) shall be made by specific framework regulations public service of water supply and sanitation in accordance with the internal legislation and with the regulations of the European Community. "
6. In article 10, paragraphs (2) and (3) shall read as follows: "(2) direct Management is carried out by specialized organized compartments within the apparatus of the City Council or County Council, where applicable, or by public services organized under the control of local councils, county councils or the General Council of Bucharest.

(3) specific activities of water services and sanitation, organized and operated in direct management system is based on the regulation on organization and operation in accordance with the framework regulation on the organisation and operation and approved by local councils, county councils or the General Council of Bucharest, where appropriate. "
  

7. Article 11 shall read as follows: Art. 11. — (1) in the case of indirect management of local public administration authorities shall delegate a part of their duties and responsibilities to another person's own legal service, called operator, to whom he entrusted under a contract management delegation, the supply/provision of water services and sanitation, as well as the operation of public systems of water supply and sewerage system necessary to achieve them.

(2) delegation of management is done in accordance with the legislation in force in respect of each type of contract.
  

(3) the delegation of management can be done only by authorized operators.
  

(4) in carrying out contracts for the delegation of management water services and sanitation local public administration authorities shall ensure getting the best cost/quality ratio, as well as ensuring the conditions necessary for achieving specific general interest.
  

(5) the provisions of paragraphs 1 and 2. (2) do not apply to operators who at the date of entry into force of this Ordinance have concluded concession contracts as well as those arising through a territorial reorganisation based on principles of economic efficiency and operational performance, if the capital of the newly-established company belongs to several local authorities. In connection with the reorganization of the local public administration authorities can take toward execution, balance, outstanding debts, penalty charges and payment obligations corresponding to former operators.
  

(6) the date of the operators entry into force of this Ordinance have concluded concession contracts will be submitted for accreditation documentation as to end addendum to concession contract, which will cover the obligations incumbent on operators of this Ordinance.
  

(7) local public administration Authority signatory of the contract will hold a new auction for the delegation of management in all cases where, for two consecutive years, your service has not met its contractual obligations with regard to service quality and economic-financial performance. "
  

8. In article 12, paragraphs (4) to (6) shall read as follows: "(4) the activities of the monitoring and control of compliance with the obligations laid down in the contracts of management delegation is entrusted to the national regulatory authority for public services of Communal Household, which will develop an information system that allows the comparison of each performance indicator to the level achieved by the best performing in this area as well as the local public administration authorities.

(5) in the implementation of the information system and the implementation of monitoring activities of professional organizations will be involved in the public interest. Local public administration authorities shall have access to any information held by the National Regulatory Authority for public services of Communal Household with regard to public services delegated to them.
  

(6) the National Regulatory Authority for Communal Household public services has mainly in charge of compiling the methodology and procedure framework for measurement and analysis of performance indicators and control the activity of operators on: observance of performance indicators, periodic adjustment of tariffs in accordance with the adjustment formulae, compliance with competition law, the protection of users and operation efficiency of public and/or private services impacted. "
  

9. Article 13 shall read as follows: Art. 13. — (1) in order to ensure continuity of water services and sanitation local public authorities have the responsibility for planning and investment works necessary prosecution officials safe systems and parameters required by technical regulations. For this purpose shall establish systems for planning an investment-based plan a directory and taking account of the budgetary process cycles, in accordance with legal regulations.

(2) contracts management delegation shall lay down the duties of local public administration authorities and of the operator in respect of the realization of the investment.
  

(3) Financing investment works ensure from the following sources: a) the own funds of the operator and local budget allocations, in accordance with obligations under contracts of management delegation;
  

b) Bank loans guaranteed by local public administration authorities or by the State;
  

c) non-refundable support obtained through bilateral or multilateral arrangements;
  

d) special funds established on the basis of local taxes imposed in accordance with the law;
  

e) involvement of private capital in the framework of partnership agreements of the type lt; lt; build-operate-transfer gt; GT; and variations thereof;
  

f) funds transferred from the State budget as participation in projects to secure co-financing min made with external financial support, as well as emergency programmes or with the social character;
  

g) savings resulting from its endowment with equipment performance;
  

h) other sources.
  

(4) investment made by the operator for the rehabilitation, modernization and development of the public system will be depreciated by the water supply and sanitation, for the duration of the contract of assignment.
  

(5) foreign investment in public water supply and sewerage systems will benefit from all the facilities in force at the time of conclusion of the transaction.
  

The facilities obtained will be referred to the contract management delegation and will be valid for the period fixed at its conclusion. In case of obtaining the investor of some subsequent contract facilities management delegation will be amended accordingly, with the agreement of the national regulatory authority for public services of Communal Household.

(6) investments of investors of the funds remain the property of them throughout the duration of the contract, unless otherwise agreed at its conclusion; in the contract management delegation shall mention the way the distribution of these goods upon the termination of any cause. "
  

10. In article 15, paragraph 3 shall read as follows: "(3) Privatization is carried out in accordance with legal provisions, and the method of privatisation will be laid down in the product specification."
11. In article 16, paragraph 1 shall read as follows:

"Art. 16. — (1) companies that provide water services/and sewerage systems can work in other settlements, contract basis. "
12. In article 17, paragraph (2) shall read as follows: "(2) Users may be natural or legal persons who contract but do not have drinking water connections, sewer connection, respectively."
13. Article 24 shall read as follows: Art. 24. — (1) the operators of water services and sewerage have to users the following obligations: a) to abide by its commitments through supply contracts/services provision of water and sanitation;
  

b) to provide supplemental water and sewer to the users who have contracted to supply/provision and use of the service;
  

c) to serve all users in the scope for which they were authorized/certified, under the provisions of the regulation on the organisation and operation of water services and sanitation;
  

d) to ensure compliance with commitments entered into concerning the performance indicators set by local public administration authorities in the tender documents and the contracts management delegation service of water and sanitation;
  

e) to provide local public administration authorities and the national regulatory authority for public services of Communal Household information and to provide access to all the information necessary for the verification and assessment of civil servants and the development of water services and sanitation in accordance with the terms of delegation and with the legal provisions in force;
  

f) to implement performance management methods, leading to a reduction in operating costs, including through competitive procedures given by the legal norms in force for procurement of works, goods and services;
  

g) at his own expense to mount a counter at bransamentul each user, within the time limits set by local councils, but not later than 2 years after the date of entry into force of this Ordinance.
  

(2) operators shall be responsible for the fulfilment in good faith of obligations referred to in paragraph 1. (1) and (3) the penalties for non-compliance by operators of performance indicators employed by contract are necessarily in delegating the management of water services and sewage systems or in the regulations on the organisation and operation thereof, in the case of direct management.
  

(4) Insurance amounts for the financing referred to in paragraphs 1 and 2 meters. (1) (a). g) will have priority in the coming years since the adoption of the annual budget of the operator services, regardless of their form of ownership or organization.
  

(5) operators of public services water supply are required to provide equivalent value already mounted water meters for consumers, including equivalent value of them.
  

(6) water services and Operators of sewage systems are required to ensure the financing of vocational training of their employees. To that end will be taken and will be used on an annual basis an amount equal to 0.5% of the salary provided for in the budget of revenue and expenditure. "
  

14. In article 29, subparagraph d) is repealed.
15. In article 30, subparagraph (d)) shall be repealed.
16. The letters d, e)) and f) seventh indent of paragraph (1) and (2) and (3) of article 32 shall read as follows: "(d)) the operator is entitled to periodically adjust fares according to the inflation rate, based on the indexing formulas approved by the regulatory authority and approved by the local public administration authorities;

e approval of tariff adjustments) to be made by local councils, county councils or, where appropriate, of the General Council of Bucharest, in accordance with the laws, on the basis of an opinion from the regulatory authority and subject to the following requirements:-ensuring the supply/provision of water services and sanitation quality levels set by local councils or through contracts of management delegation where appropriate;
-achieving a quality/cost ratio as good for water services and sanitation provided/rendered period employed and to ensure a balance between risks and benefits assumed by the Contracting Parties;
-ensure the effective exploitation and maintenance of the property belonging to the public domain and/or private local public administration authorities of affected water services and sewerage.
-social program to limit the negative effects of the redundancies.

(2) the authorities of local public administration will fund the development of water services and sanitation from local budgets, according to the decision of the county or local councils or County, as applicable.
  

(3) in the case of delegated management, in order to maintain the balance of the subsidy contract, any of the services entrusted to the operator will be able to be approved by local councils, but only if they lead to a corresponding reduction in the tariff, follow, and/or an increase in the quality of water and sanitation. "
  

17. Annex II shall be added to the Ordinance which shall read as follows: "ANNEX TECHNICAL TERMS used in the table of contents of the Ordinance for the purposes of this Ordinance, the terms of use define techniques as follows: a) public services water supply and sanitation activities in the public interest and of general economic interest, under the authority of local public administration, aimed at ensuring the potable water and sanitation services for all users of the territory of localities;
  

b) public water supply includes mainly activities capture, water treatment, transport and distribution of drinking water and industrial users;
  

c) sewage public service comprises, mainly, the following activities: collecting and transporting wastewater from users at treatment plants, waste water treatment and discharge of purified water, collection, the emissary evacuation and treatment of the waste from the mouths of storm water drains and ensuring their functionality, overseeing the evacuation of industrial waste water into the sewage system, evacuation and treatment of sludge and other similar waste derived from the activities referred to above as well as the discharge of storm water from surface and built settlements;
  

d) system water supply public drinking-ensemble of constructions and technological facilities, land, equipment and specific functional facilities, through which the public drinking water supply. Public drinking water supply includes the following components:-rule dams;
-water transport;
-water treatment stations brute;
-pumping stations, with or without water pump;
-inmagazinarea drinking water tanks;
-distribution network;
-branches to the point of demarcation;

It's a public sewerage system)-Assembly construction and plots, technological facilities, functional equipment and specific facilities, through which the public service is carried out. Public sewerage system comprises the following components: rule-sewer connections at the point of demarcation;
-drainage networks;
-pumping stations of water;
-waste water treatment plants;
-exhaust collector towards emissary;
-vents in emissary;
-deposits of dried mud;

f) network of public water supply or sewerage system-the part of the public water supply, sewage, public system consists of the network of pipes, fittings and construction-attachments, which provide drinking water distribution, namely taking over, carriage and discharge of sewage or from two or more independent users, i.e. two or more natural persons who live in individual houses or two or more legal persons managing a single condominium as defined by law. Parts of a public water supply, as well as those of a public sewage networks are usually on public land; in cases where the technical and economic conditions are favorable, the network of water supply and drainage can be located with the consent of the owner, and on private land. Do not constitute public networks: distribution networks relating to a single residential buildings, even though it is managed by multiple individuals or legal entities; distribution networks relating to a privately owned facility that was more broken homes for green areas and private interiors; distribution networks relating to a industrial platforms, where access roads and green spaces are private property, even though it is managed by multiple legal entities;
  


g) portion of the niche-network of water distribution ensure liaison between the network and the network of public indoor premises or buildings belonging to the users. Bransamentul serves a single user. Parts of a niche in the framework regulation of bransare and of service to the public water supply. Bransamentul up to the counter, including the home of niche and meter, belong to the public network of water distribution, regardless of the mode of financing of the completion thereof. In cases duly justified by the operator or service provider and the necessary technical conditions of existence, it is acceptable in the case of realization and consumption metering multiple users on the same niche, to the boundary of the property. The cost of separation and attachment of several counters on the same niche, to the limit of the property, as well as for the separate billing of users in the same condominium will be borne by the users, the provider having the obligation of installing a single counter niche;
  

h) connection-part public sewer network which ensures the connection between the user and channeling. Parts of a connection specified in the framework regulation of the connection and use the service. The connection of the fireplace towards the network, including the home connector, belong to the public sewerage network, regardless of the mode of financing of the completion thereof;
  

I) wastewater resulting from household waters water use in households, public institutions or services, arising mainly from the human metabolism and from household activities and hygienic and sanitary;
  

j) waste water arising from the economic activities-all deversarile of water used in industrial or economic activities corresponding to other uses of water than the housekeeper;
  

the meteoric waters)-those waters which originate from atmospheric precipitation. Are considered storm waters and waters coming from splashing and cleaning of public or private roads, gardens and courtyards of buildings;
  

l) drinking water indoor plants all facilities owned or in the user administration, placed after the meter/counter niche in the sense of flowing water or, if bransamentul is not counted after point of demarcation between the public network and installation of indoor water usage and ensuring transport of drinking water taken from the public network to the consumer and/or to use;
  

m) inner sewerage installations all installations owned or in the user administration, which provides transportation and waste water installations for water usage up to the home of the public network connection;
  

n) cutoff point of drinking water supply between the supplier and the user-the place where facilities owned or in the administration of user racordeaza at plants owned by the supplier or in the management of the operator/service provider. Delimitation of the Interior facilities, sewerage and sewerage network is via the home connector, which is the first component of the public network, meaning the flow of waste water;
  

a niche-meter) apparatus for measuring the volume of fresh water consumed by the user, which can be mounted on the niche between the two valves/taps, limit the user's property, being the last component of the public network, meaning the flow of drinking water;
  

p) network-device meter that measures the consumption of potable water to many associations of tenants/landlords or to multiple individual users or measure the transport of water from one area to another, publish network. "
  

This law was adopted by the Senate at its meeting on 18 November 2002, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
SENATE PRESIDENT NICOLAE V this law was adopted by the Chamber of deputies at its meeting on 26 November 2002, in compliance with the provisions of art. 74 para. (2) of the Constitution of Romania.
p., PRESIDENT of the CHAMBER of DEPUTIES, BLAIN 7 December 2002 in Bucharest.
Nr. 634.
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