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Law No. 101 Of 25 April 2006 (Republished) Sanitation Service Of Localities)

Original Language Title:  LEGE nr. 101 din 25 aprilie 2006 (*republicată*) serviciului de salubrizare a localităţilor *)

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LEGE no. 101 101 of 25 April 2006 (* republished *) sanitation service of the localities *)
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 658 658 of 8 September 2014



-------- Note * *) Republicated pursuant to art. V of Law no. 99/2014 to amend and supplement Law of the sanitation service of localities no. 101/2006 , published in the Official Gazette of Romania, Part I, no. 505 505 of 8 July 2014, giving the texts a new numbering. Law of the sanitation service of localities no. 101/2006 was published in the Official Gazette of Romania, Part I, no. 393 of 8 May 2006 and subsequently amended and supplemented by Government Emergency Ordinance no. 92/2007 to amend and supplement Law of the sanitation service of localities no. 101/2006 , published in the Official Gazette of Romania, Part I, no. 671 of 1 October 2007, approved with amendments and additions by Law no. 224/2008 , published in the Official Gazette of Romania, Part I, no. 743 743 of 3 November 2008. + Chapter I General provisions + Article 1 (1) The present law aims to establish the unitary legal framework on the establishment, organization, management, exploitation, financing and control of the functioning of the public service of sanitation of localities. (2) The provisions of this Law shall apply to the public service of sanitation of localities, established and organized by the local public administration authorities at the level of communes, cities, municipalities, counties and sectors of the municipality Bucharest. + Article 2 (1) The public sanitation service of the localities is part of the community of public utility services and is carried out under the control, management or coordination of local public administration authorities or of development associations intercommunity, in order to sanitation the localities. (2) The public sanitation service of the localities, hereinafter referred to as sanitation service, is organized to meet the needs of the local communities of the administrative-territorial units. (3) The sanitation service shall include the following activities: a) separate collection and separate transport of municipal waste and similar waste from commercial activities in industry and institutions, including separately collected fractions, without prejudice to the waste stream of equipment electric and electronic, batteries and accumulators; b) collection and transport of waste from dwellings, generated by redevelopment and internal and/or external rehabilitation activities; c) organization of processing, neutralization and material and energy recovery of waste; d) operation/administration of transfer stations for municipal waste and similar waste; e) sorting of municipal waste and similar waste in sorting stations; f) maturation, washing, sprinkling and maintenance of public roads; g) cleaning and transport of snow from public roads and keeping them in operation during ice or frost; h) collection of the bodies of animals on the public domain and their surrender to the rendering units or to the neutralization plants; i) organization of mechanical-biological treatment of municipal waste and similar waste; j) the administration of landfills and/or municipal waste disposal facilities and similar waste; k) disinsection, disinfection and deratization. (4) For the purposes of this law, the following terms and expressions have the following meanings: 1. competent regulatory authority-National Regulatory Authority for Community Services of Public Utilities, hereinafter referred to as A.N.R.S.C.; 2. household waste-waste from households/dwellings; 3. municipal waste-household and similar waste; 4. similar waste-waste which, from the point of view of nature and composition, is comparable to household waste, excluding waste from production, agriculture and forestry activities. (5) The local public administration authorities have the obligation to implement a separate collection system on at least 4 fractions, namely paper, plastics, metals and glass. (6) Where it is not possible, from a technical, economic point of view, to protect the environment, the health of the population and to comply with the quality standards necessary for the corresponding recycling sectors, the implementation of a system of separate collection on at least 4 fractions, the local public administration authorities have the obligation to implement a separate municipal waste collection system on at least 2 fractions, wet and dry, and sorting through which to obtain at least the 4 fractions provided in par. ((5). (7) Biowaste collected separately from municipal waste and similar waste, from landholders and/or transfer and sorting stations, is transported to compost production stations or to other processing plants. and appropriate treatment, if the recovery of biowaste is carried out without risks to the health of the population and the environment or to be transported for disposal at landfills (8) At the level of administrative-territorial units, the transport of municipal waste and similar waste collected separately, from landholders, shall be carried out only by licensed operators who have contracts for delegation of management concluded with the respective local public administration authorities or, in the case of direct management, have a decision to administer this activity. (9) The administrative-territorial units have the status of legal holder of municipal waste and similar waste, stored in the containers located in their territorial area. (10) The processing of waste from containers and/or containers located at collection points by persons other than licensed operators for the provision of activity in the area of delegation is a crime of theft and shall be sanction according to the law. (11) Operators licensed by A.N.R.S.C. for the provision of separate collection and separate transport of waste shall keep records and report monthly to local public administration authorities and A.N.R.S.C. handed over to economic operators carrying out waste treatment activities on each type of waste. ((12) Projects financed by European grants shall be implemented in accordance with the provisions of the financing contract. + Article 3 The sanitation service is organized and operates on the basis of the following principles: a) protection of population health; b) local autonomy and decentralization of services; c) responsibility towards citizens; d) conservation and protection of the environment; e) ensuring the quality and continuity of service; f) fair pricing, correlated with the quality and quantity of the service provided; g) non-discrimination and equal treatment of users; h) transparency, consultation and training of citizens; i) the correct and efficient administration of goods from public or private property of administrative-territorial units and public money; j) security of service; k) sustainable development. + Article 4 (1) The sanitation service is carried out by means of a specific technical-urban infrastructure that, together with the means of collection and transport of waste, forms the public sanitation system of localities, called in continue sanitation system. (2) For the purposes of this law, the sanitation system is composed of a technological and functional assembly, which includes specific constructions, installations and equipment intended to provide the sanitation service, such as: a) separate waste collection points; b) compost production stations; c) transfer stations; d) sorting stations; e) bases for the garare and maintenance of vehicles specific to the sanitation service; f) landfills; g) incinerators; h) mechanical-biological treatment plants. (3) The activities specific to the sanitation service shall be managed and operated by means of specialized structures, hereinafter referred to as operators, licensed under the conditions Law of Community Public Utilities Services no. 51/2006 , republished, except for the operators carrying out the activities referred to in art. 2 2 para. ((3) lit. b)-e), h) and i), which are regulated by special laws and/or which take place on occasion. (4) The activities provided in art. 2 2 para. ((3) lit. b) and h), with a reduced degree of repeatability and which is carried out occasionally, shall be provided by the licensed operators for the carrying out of the waste collection and transport activity and shall be carried out at the request of the manufacturers/holders of waste, on the basis of tariffs approved by the deliberative authority of the local public administration or by the intercommunity development association, as the case may be. ((5) Operators licensed for the conduct of separate collection and separate transport of waste, with the exception of hazardous waste with special arrangements, are required to collect the abandoned waste and, where the manufacturer/landholder is unknown, the expenses related to the cleaning and restoration of the environment, as well as those of transport, recovery, recovery/recycling, disposal are borne by the local public administration authority. After the identification of the waste producer/holder, he is obliged to bear both the expenses incurred by the local public administration authority and the contravention sanctions. (6) The storage of municipal waste and their assimilable waste is allowed only in special places, arranged according to the legislation and technical norms in force applicable to landfills and only after obtaining the agreements and opinions provided by the legislation on the protection and conservation of the environment, hygiene and health Deposits for municipal waste are located according to the National Waste Management Strategy and the National Waste Management Plan *), approved according to the law. ------ Note * *) See Government Decision no. 1.470/2004 on the approval of the National Waste Management Strategy and the Waste Management Plan, published in the Official Gazette of Romania, Part I, no. 954 of 18 October 2004, as amended. (7) It is prohibited for licensed operators to entrust to the storage of the value fraction collected separately at the source. + Chapter II Authorities and powers + Article 5 (1) Local public administration authorities shall develop, approve and control the application of local strategies regarding the medium and long-term development and operation of the sanitation service, taking into account the provisions of the legislation in vigor, urban planning documentation, spatial planning and environmental protection, as well as economic and social development programs of administrative-territorial units. (2) The strategies adopted at the level of administrative-territorial units will mainly aim at the following objectives: a) improving the living conditions of the population; b) support for the economic and social development of localities; c) promoting the quality and efficiency of the sanitation service; d) stimulating market economy mechanisms; e) sustainable development of the service; f) management of the sanitation service on the basis of transparency, competitiveness and efficiency; g) promotion of development and rehabilitation programs of the sanitation system, based on an efficient mechanism of multiannual investment planning; h) protection and conservation of the environment and the health of the population i) consultation with users of the sanitation service, in order to establish local and regional policies and strategies in the field; j) the adoption of local norms regarding the organization and functioning of the sanitation service, as well as the procedures for delegating its management; k) regular information of users on the policies of development of the sanitation service, as well as on the need to establish special taxes; l) compliance with the requirements of the legislation on environmental protection related to the sanitation of localities; m) compliance with the requirements and objectives set out in the waste management plans at national, county level, including Bucharest. + Article 6 (1) The deliberative authorities of the administrative-territorial units/sectors of the city of Bucharest have exclusive competence regarding the establishment, organization, management, coordination and attribution of the sanitation service of localities, having the following tasks in the field: a) establishment of programs for rehabilitation, extension and modernization of existing infrastructure, as well as programs for the establishment of new sanitation systems, under the law; b) coordination of the design and execution of investment works, in order to achieve them in a unified conception, correlated with the programs of economic and social development of localities, urban planning, spatial planning and environment; c) elaboration and approval of feasibility studies on rehabilitation, extension and modernization of sanitation systems, in compliance with the requirements imposed by the legislation on environmental protection in force; d) participation in the establishment of an intercommunity development association, in order to carry out investments of common interest from the technical infrastructure related to the sanitation service, which is carried out in accordance with Law no. 51/2006 , republished; e) delegating the management of the sanitation service on the basis of transparency, competitiveness and efficiency, as well as the exercise of administration duties on goods belonging to the public or private patrimony of the units administrative-territorial of the service infrastructure; f) participation with capital or goods in companies governed by Company law no. 31/1990 , republished, with subsequent amendments and completions, for the provision of the sanitation service and/or for the realization and operation of the related infrastructure; g) contracting or guaranteeing loans for the financing of infrastructure investment programs related to the sanitation service, for expansions, capacity developments, rehabilitation and modernization; h) elaboration and approval of the specifications and regulations of the service, based on the specification of the framework and the framework regulation of the sanitation service, elaborated by A.N.R.S.C.; i) the establishment and approval of the performance indicators of the sanitation service, after their public debate; j) adoption of the necessary organizational measures for the implementation of the separate waste collection system, in order to transport them to the treatment facilities; k) the establishment of special taxes and the approval of tariffs for sanitation services, in compliance with the regulations in force; l) establishment, adjustment or modification of tariffs proposed by the operator in accordance with the methodological norms *) developed and approved by A.N.R.S.C.; -------- Note *) See the Order of the President of the National Regulatory Authority for Community Services of Public Utilities no. 109/2007 on the approval of the Methodological Norms for establishment, adjustment or modification of tariffs for activities specific to the sanitation service of localities, published in the Official Gazette of Romania, Part I, no. 529 529 of 6 August 2007. m) mediation of contractual conflicts between users and the operator of the sanitation service, at the request of either party; n) sanctioning the operator, if it does not operate at the parameters of efficiency and quality at which it was obliged or does not comply with the performance indicators of the sanitation service; o) monitoring and exercise of control over the supply/provision of the sanitation service; p) payment of sanitation services provided by operators, under the conditions laid down in lett. k); q) association or cooperation with legal entities that take over the obligations of economic operators responsible for the achievement of objectives regarding the management of packaging waste, waste electrical and electronic equipment, batteries and accumulators used in municipal waste, under the conditions laid down by law. (2) In cases of non-compliance by operators with the assumed contractual obligations, the local public administration authorities may request, on the basis of substantiated analyses and justifications, the withdrawal of the license by A.N.R.S.C., penalties or damages, can collect the guarantees of good execution or terminate the contract for the delegation of the management of the sanitation service. (3) Administrative-territorial units may form associations of inter-community development, under the conditions laid down by Law no. 51/2006 , republished, in order to establish, organize and operate in the common interest the sanitation service or to achieve common investment objectives, specific to the infrastructure of this service. The intercommunity development associations thus established will act on behalf of and on behalf of the administrative-territorial units, according to the mandate entrusted by them through the constituent documents of the association. + Article 7 (1) The county councils may have competence regarding the establishment, organization, management and coordination of the integrated waste management systems, as well as the specific activities carried out through them. (2) The goods related to the integrated waste management system or parts thereof, as the case may be, belong to the public domain of the county. (3) The integrated waste management system is intended and ensures the servicing of the administrative-territorial units in the intercommunity development association constituted in accordance with the provisions Law no. 51/2006 , republished. + Article 8 (1) In the exercise of their duties according to art. 6 6 para. ((1), the local public administration authorities shall adopt decisions or issue provisions, as appropriate. (2) The decisions of the deliberative authorities of the administrative-territorial units, adopted in application of this law, can be appealed to the administrative courts of interested natural or legal persons, under the law. + Article 9 (1) In the exercise of the prerogatives granted by this law, the local public administration authorities have, compared to the operator of the sanitation service, the following obligations: a) to ensure equal treatment for all operators of sanitation services acting within the administrative-territorial unit/sectors of the city of Bucharest or of the intercommunity development association, as the case may be; b) to ensure advertising and free access to information of public interest, especially to those information that ensure the preparation of tenders and the participation in the procedures for the award of contracts by which the management of the service is delegated; c) bring to the public knowledge the decisions and provisions regarding the sanitation service; d) select and establish private partners for joint venture or joint venture projects only in accordance with the legal procedures specific to each type of management contract; e) keep, under the law, the confidentiality of economic and financial data and information on the activity of operators other than those of public interest; f) to grant the operator the exclusive right to perform the activity by the decision of giving in administration/the decision to award the contract of delegation of management, without prejudice to the flow of waste electrical and electronic equipment, batteries and accumulators; g) to approve annually the tariffs of the sanitation service adjusted according to the legal provisions; h) implement the separate waste collection system. (2) The authorities of the local public administration have the obligation to pay the operators the amounts agreed by the contract for the benefits they perform for the benefit of the entire community. + Article 10 The Ministry of Regional Development and Public Administration has the following responsibilities regarding waste management: a) participate in the elaboration of the National Waste Management Program-P.N.G.D., aims to meet its objectives and supports the local public administration authorities to achieve these objectives; b) support methodologically and/or financially, under the law, the local public administration authorities for the creation of separate waste collection systems from landholders, in order to eliminate and capitalize on them; c) supports local public administration authorities to develop sectoral strategies and programs for municipal waste management; d) participate, together with other public authorities, in the elaboration of specific regulations for the management of household and municipal waste; e) supports the local public administration authorities for the implementation of household waste management systems, integrated into the general urban planning and spatial planning plans, and aims to carry out the projects in this field; f) elaborates specific regulations on the obligations and responsibilities of local public administration authorities, deliberative or executive, as appropriate, related to waste management. + Article 11 (1) The competent regulatory authority for the sanitation service is A.N.R.S.C. (2) A.N.R.S.C. elaborates the framework regulations on the sanitation service, monitors the application of the legislation in the field and grants the license to sanitation operators, according to the provisions of this law. ((3) A.N.R.S.C. shall exercise the powers granted to it by Law no. 51/2006 , republished, to the local public administration authorities, as well as to all operators of the sanitation service, regardless of the form of organization, the nature of the capital, the country of origin or the method of management adopted. + Chapter III Organization and operation of the sanitation service + Article 12 (1) The management of the sanitation service is carried out under the conditions Law no. 51/2006 , republished, by the following ways: a) direct management; b) delegated management. (2) The choice of the management modality of the sanitation service is made by decisions of the deliberative authorities of the administrative-territorial units, in accordance with the sanitation strategies and programs adopted at the level of each localities as well as in accordance with the provisions Law no. 51/2006 , republished. (3) Regardless of the method of administration adopted, the activities specific to the sanitation service shall be organized and carried out on the basis of a regulation of the service and of a specification, approved by decisions of the deliberative authorities of the administrative-territorial units or of the association of inter-community development, as the case may be, drawn up in accordance with the framework regulation of the sanitation service and the framework specification, elaborated and approved by A.N.R.S.C., by order of its president. + Article 13 (1) The legal reports between the deliberative authorities of the administrative-territorial units/sectors of the city of Bucharest or between the intercommunity development associations and the operators of the sanitation service, as the case may be, are regulated by: a) decisions on the administration of the service, adopted by the deliberative authorities of the administrative-territorial units/sectors of the city of Bucharest, in the case of direct management; b) decisions on the award and conclusion of contracts for the delegation of the management of the service, adopted by the deliberative authorities of the administrative-territorial units/sectors of Bucharest, or, as the case may be, by the general meetings of associations, in the case of delegated management. (2) The contracts for the delegation of the management of the sanitation service shall be concluded only on the basis of the decisions provided in par. ((1) lit. b). (3) The relations between the operators of the sanitation service and the individual users shall be carried out on a contractual basis, in compliance with the provisions of the sanitation service regulation and of the framework contract for the provision of the service, adopted by the local public administration authorities based on the legislation in force, applicable to this service. + Article 14 (1) The organization of the management, operation and exploitation of the sanitation service, corresponding to the management modality adopted, shall be made under the conditions laid down by Law no. 51/2006 , republished, and of this law. (2) Direct management or delegated management, as the case may be, may be granted for one or more activities referred to in art. 2 2 para. ((3). (3) The award procedure and the legal regime of contracts to delegate the management of the sanitation service of the localities are those established by the deliberative authorities of the administrative-territorial units, according to the provisions Law no. 51/2006 ,, republished, and ale Government Emergency Ordinance no. 34/2006 on the award of public procurement contracts, public works concession contracts and service concession contracts, approved with amendments and additions by Law no. 337/2006 , with subsequent amendments and completions. (4) The assignment of disinsectional, disinfection and deratization activity is carried out distinctly by the other activities specific to the sanitation service. + Article 15 (1) The operators of the sanitation service participating in the procedures organized for the delegation of the management of the service must provide proof of the technical-organizational competence, of the one regarding the qualification of the personnel and of the insurance of a endowment adequate technical-materials, guaranteeing the ability to provide the service at the level of quantitative and qualitative parameters provided in the regulation of the sanitation service and for all types of contracted activities. (2) The duration of a contract for the delegation of management may not be more than 35 years, when determining the duration necessary for the depreciation of investments provided for by the operator/regional operator through the delegation contract. The duration of the delegation contract may be extended, under the same contractual conditions, whenever the authority of the local public administration requests the operator, on the basis of a technical-economic foundation for the proper execution of the service, for the realisation of new investments required by the amendment of Community/national legislation or local waste management strategy, which could not be amortised within the remaining time limit until the conclusion of the contract excessive increase in tariffs and/or taxes. The extension may be made provided that the maximum duration of the contract does not exceed 49 years. (3) The extension will be approved, under the conditions of par. (2), by the deliberative authorities of the administrative-territorial units/sectors of Bucharest. The delegation contract will be extended, under the law, by an addendum concluded between operators and administrative-territorial units/sectors of Bucharest municipality or intercommunity development associations, having as their object activity of sanitation services, based on the mandate received. (4) Establishing the duration of extension of the contract in violation of the provisions ((2) and (3) attract the nullity of law of the addendum extending the duration of the contract for the delegation of management. + Article 16 (1) The public property assets of the administrative-territorial units, used for the provision of the sanitation service, may be given in administration or may be leased to the operators in accordance with the legal provisions. (2) The private property of the administrative-territorial units, used for the provision of the sanitation service, may be given in administration, concession or passed into the property of the operators, in compliance with the legal provisions in vigor. + Chapter IV Operators and users + Section 1 Operators of the sanitation service + Article 17 (1) The quality of the operator is acquired under the conditions Law no. 51/2006 , republished. (2) The operators of the sanitation service may be appointed either by decision of giving in administration, in the case of direct management, or by decision to award the contract for the delegation of the management of the sanitation service, in the case of delegated management. (3) The operators of the sanitation service shall enjoy, under this law, the same rights and obligations in relations with local public administration authorities or users, regardless of the organization, form of property, country of origin in the European Union or the method of management adopted. (4) The rights and obligations of operators with regard to the provision of the sanitation service, their objectives and tasks, as well as the performance indicators of the sanitation service shall be established by the decision administration or by the contract of delegation of management and shall be specified in the regulation of the sanitation service. + Article 18 (1) Management of sanitation service operators with the status of regulated companies Law no. 31/1990 , republished, with subsequent amendments and completions, whose majority share capital belongs to administrative-territorial units, can be privatized under the law, provided that the operator does not have ongoing projects financed from Grants. In the case of intercommunity development associations the management of operators can be privatized, under the law, only with the consent of all associations, based on the decisions adopted by the deliberative authorities of the units administrative-territorial members who also have the status of shareholders/associates of those operators. (2) The decision on the privatization of the management of the sanitation service operators having the status of companies regulated by Law no. 31/1990 , republished, with subsequent amendments and completions, and majority share capital of the administrative-territorial units, as well as the choice of the privatization method belong to the deliberative authorities of the administrative-territorial units under the whose authority the operator operates. (3) The privatization of management can be done only in compliance with the legal procedures in force in terms of privatization and may be accompanied or not by the sale, in whole or in part, of the goods belonging to the private domain of the unit administrative-territorial, related to the sanitation service. (4) Simultaneously with the procedure of privatization of the operator management is organized and the procedure of delegation of the management of the sanitation service is also carried out, in order to select the new operator. + Article 19 (1) Societies covered by Law no. 31/1990 , republished, with subsequent amendments and completions, of sanitation established by decisions of the deliberative authorities of administrative-territorial units, according to the law, may be of local or inter-community interest, depending on the limits territorial in which they operate. (2) Societies covered by Law no. 31/1990 , republished, with subsequent amendments and completions, of sanitation established by decisions of the deliberative authorities of the administrative-territorial units can also carry out their activity in other localities, on contractual basis. (3) The operator who performs several types of activities or more services will keep separate records on each activity or type of service, having separate accounting for each type of activity, service and operating locality. + Article 20 (1) In relation to users, direct or indirect users, the rights and obligations of the operators of the sanitation service result from the decisions of administration, the delegation contracts and the contracts for the provision of the service. (2) The operators, in accordance with the legal provisions, are entitled to: a) the collection of the value of the sanitation service provided, corresponding to the tariff approved by the local public administration authorities; b) Condom of the contractual balance during the contract of delegation of the management; c) adjusting the tariff in relation to the general evolution of prices and tariffs in the economy; d) change of the tariff in situations of significant change of contractual balance; e) the exclusivity of the provision of the sanitation service within the administrative-territorial units, granted either on the basis of the decision of the administration or on the basis of the award decision and the contract of delegation of the management. + Article 21 ((1) Operators must provide the sanitation service in compliance with the principles of universality, accessibility, continuity, adaptability and equal treatment between users. ((2) Operators have the obligation to make available to holders of waste containers/containers, as well as, as the case may be, the bags necessary to carry out the activity of separate waste collection. The costs of their purchase shall be included in the tariff offered for the provision of the separate collection activity and the separate transport of the waste, if not made available by the delegatee. ((3) The operators have the obligation to provide, both to the local public administration authorities and A.N.R.S.C., all the information of public interest requested and to provide access to the necessary information, in order to verify and evaluate the operation and the development of the sanitation service, in accordance with the provisions of the regulation of the sanitation service, of the contract for the delegation of the management of the service and of the environmental agreement and authorization. ((4) The operators undertake to implement performance management methods leading to the reduction of operating costs, including by applying the competitive procedures provided by the legal rules in force on public procurement, and to ensure compliance with the specific requirements of environmental legislation. + Article 22 (1) The licensing of operators is carried out under the conditions laid down Law no. 51/2006 , republished, by this law and by the secondary legislation issued in application of their provisions. (2) Operators may carry out their activity on the basis of the license issued by A.N.R.S.C. and the contract of delegation of management. + Article 23 (1) In order to obtain the license, the operators are obliged to hold all the opinions, agreements and authorizations necessary to provide the activities specific to the sanitation service, provided by the legislation in force, and to comply with the norms and the regulations in force on the hygiene and health of the population, namely the protection and conservation of the environment, issued by competent authorities in these areas. ((2) The withdrawal or termination of the license shall entail the revocation of the decision to be given in administration, namely the decision on the award of the contract of delegation of management, as the case may be, and lead to the organization of a new procedure for selecting an operator, under the conditions of Law no. 51/2006 , republished. The withdrawal of the license shall be notified to the operator at least 90 days before, during which it is obliged to provide the sanitation service under the conditions of the management decision, respectively of the contract of delegation of the management. + Section 2 Users of the sanitation service + Article 24 (1) Depending on the type of activity, may be users of the sanitation service: a) local communities considered in their entire or local communities components of community development associations, in the case of activities specific to the public sanitation service provided by operators whose value is paid local public administration authorities from the local budget; b) natural or legal persons who benefit individually from one or more activities specific to the sanitation service, in the case of activities whose contracting is carried out on the basis of a contract for the provision of sanitation service, concluded in its own name with the licensed operator for the provision of the service in the administrative-territorial unit/sectors of the respective Bucharest municipality. (2) The rights of users and the conditions under which they may benefit from the sanitation service shall be established by the regulation of the service, approved by decision of the deliberative authorities of administrative-territorial units or, as the case may be by the decision of the intercommunity development associations, on the basis of the framework regulation of the sanitation service, developed by A.N.R.S.C. and approved by order of its president. (3) Users have the right of access without discrimination to public information regarding the sanitation service, both the operator and the local public administration authorities having the obligation to communicate information on the indicators of quality of service, tariff structure and contract terms. (4) The deliberative authorities of the administrative-territorial units, together with the mayors and chairmen of the county councils, as the case may be, as executive authorities and signatories of the management delegation contracts, are responsible for ensuring the sanitation service of the localities and follow the operator's compliance with the quality indicators of the service, the contractual clauses and the legislation in force regarding the sanitation service. (5) The decisions of the local public administration authorities regarding the sanitation service will be brought to public attention and any user in the area of provision of the service has the right to challenge their provisions, under the law. (6) Members of local communities, natural or legal persons, have, in their capacity as direct or indirect users of the sanitation service, the following obligations: a) comply with the terms of the contract for the provision of the sanitation service; b) to pay the payment obligations, in accordance with the provisions of the contract for the provision of the sanitation service; c) ensure access of waste collection machinery to collection points and fire-extinguishing intervention machinery; d) to ensure the separate precollection, in the containers provided by the operator of the service, distinctly inscribed and placed in specially arranged spaces, of the waste they generated in their own household or as a result of lucrative activities which they carry out; e) to apply measures regarding the deratization and disinsection, established by the local authority and the territorial public health department; f) other obligations laid down in Law no. 51/2006 , republished, which refer to the sanitation service. (7) Users also benefit from the other rights provided for in Law no. 51/2006 , republished. + Chapter V Financing of sanitation services + Article 25 The financing of operating expenses, rehabilitation and development of the sanitation service and investment expenses for the realization of the infrastructure related to it is done in compliance with the legislation in force on public finances local, with regard to the initiation, foundation, promotion and approval of public investments, of the principles set out in art. 43 43 para. ((2) of Law no. 51/2006 , republished, as well as the following principles: a) full recovery by operators, through tariffs, special taxes or, as the case may be, subsidies from the local budget, operating costs and investments for the establishment, rehabilitation and development of sanitation systems; b) maintaining the contractual balance. + Article 26 (1) Depending on the nature of the activities provided, both in the case of direct management and in the case of delegated management, in order to ensure the financing of the sanitation service, the users pay the value of the sanitation service by: a) tariffs, in the case of benefits to which they benefit individually, on the basis of contract for the provision of the sanitation service; b) special taxes, in case of benefits performed for the benefit of the entire local community; c) special taxes, in the case of benefits from which they benefit individually without a contract. (2) In the situation referred to in par. ((1) lit. a), the local public administration authorities, together with the operators have the obligation to keep, up to date, the record of all users with and without service contracts. (3) The local public administration authorities have the obligation to establish special taxes, according to the provisions of ((1) lit. c), and to settle monthly operators, directly from the local budget, the value of the performance made to users without a contract. (4) Classification of activities according to the way of contracting, invoicing and payment of the value of the state sanitation service is established by the framework regulation of the service and is attached to the decision or the contract for the delegation of the management of the service, as appropriate. (5) The amount and regime of special tariffs and fees offered/approved shall be determined, adjusted or modified by the local public administration authorities, based on the foundation sheets on items of expenditure, prepared by operators in accordance with the methodological norms *) establishing, adjusting or modifying the tariffs for activities specific to the sanitation service of the localities, elaborated by A.N.R.S.C. ------ Note *) See the footnote corresponding to the asterisk marked in art. 6 6 para. ((1) lit. l). (6) In the case of operators who have concluded contracts for the delegation of management for which the tariffs offered were not based on a foundation sheet on items of expenditure, the first adjustment of the tariffs will be made on the basis of the foundation sheet, drawn up by the operator, having regard to the expenditure made in the last 12 months, prior to the proposal The level of the resulting tariff will not exceed the current tariff level, adjusted with the adjustment parameter growth index. (7) Adjustment or subsequent modification of the tariffs/fees provided in par. (6) is made by the local public administration authorities, at the request of the operators, in compliance with the methodological norms developed by A.N.R.S.C. (8) The structure and level of tariffs and special charges will be determined in such a way a) to cover the actual cost of providing the sanitation service; b) to cover at least the amounts invested and the current expenses of maintenance and exploitation of the sanitation service; c) encourage capital investment; d) respect and ensure the financial autonomy of the operator. + Article 27 (1) The application by operators of special rates or charges higher than those established and approved according to art. 26 26 is prohibited. (2) The approved tariffs must lead to the following objectives: a) ensuring the performance of the sanitation service at the quality levels and performance indicators established by the local public administration authorities or, as the case may be, by the intercommunity development associations through the specifications, the regulation of the service and the contracts for the delegation of management; b) the realization of a quality-cost ratio as good as possible for the sanitation service provided during the employee period and ensuring a balance between the risks and benefits assumed by the contracting parties; c) ensuring the efficient operation of the sanitation service and the exploitation of goods belonging to the public and private domain of the administrative-territorial units, affected by the sanitation service, as well as ensuring the protection of the environment. + Article 28 ((1) The sources of financing of investment works shall be ensured according to the provisions art. 44 44 para. ((2) of Law no. 51/2006 , republished. (2) Investments made by private law operators from own funds for the rehabilitation, modernization and development of the public sanitation system will be amortised by them during the contract of delegation of the management of the Sanitation. ((3) Investments in the infrastructure specific to the sanitation services that are carried out from own funds of private law operators constitute return goods; the goods thus realized remain in the ownership of the operators for the duration the contract for the delegation of management and rightful, at the expiration of the contract, free of charge and free of any tasks, to the administrative-territorial units, being integrated to their public domain. In the contract of delegation of the management will be mentioned the return goods, namely the distribution of the categories of goods made by the operator until the termination of the contract of delegation of the management of the sanitation service. + Chapter VI Liabilities and penalties + Article 29 Violation of the provisions of this law attracts disciplinary, civil, contravention or criminal liability, as appropriate. + Article 30 (1) It constitutes contraventions and is sanctioned with a fine of 30,000 lei to 50,000 lei the following facts, other than those provided for in Law no. 51/2006 , republished: a) the provision by the operator of one of the activities covered by this law without the approval of the local public administration authorities by the decision of administration, namely the decision to award the delegation contract management; b) assignment by the authority of the local public administration/association of inter-community development of contracts for the delegation of management for the sanitation activities of the localities provided in art. 2 2 para. ((3), without complying with the legal procedures in force specific to each type of contract; c) the conclusion by the mayor of the contracts for delegation of management for one of the activities of sanitation of the localities provided in art. 2 2 para. ((3) with a non-licensed operator; d) non-compliance with the local strategy on the medium and long-term development and operation of the sanitation service, approved by the General Council of Bucharest Municipality, by the executive authorities of the sectors of the municipality Bucharest; e) non-compliance with 5 5 para. ((1). (2) It constitutes a contravention and is sanctioned with a fine of 10,000 lei to 30,000 lei the non-prosecution by the mayor of the preparation of the draft regulation and the specification of the service's own tasks. (3) It constitutes a contravention and is sanctioned with a fine of 5,000 lei to 15,000 lei non-compliance by the local public administration authorities with the obligation to establish special taxes for users who refuse the conclusion of contracts services with sanitation operators. (4) It constitutes contravention and is sanctioned with a fine of 1,500 lei to 3,000 lei deed of ignition and/or burning of waste from containers of precollection/collection or burning of plant waste resulting from cleaning operations. green spaces, shrubs, trees, etc. (5) It constitutes a contravention and is sanctioned with a fine from 500 lei to 1,000 lei the user's refusal to conclude service contracts with the licensed sanitation operator in the respective delegation area. (6) It constitutes contravention and is sanctioned with a fine of 100 lei to 300 lei violation of the provisions of art. 24 24 para. ((6) lit. d). (7) The deliberative authorities of the administrative-territorial units may establish, according to the Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions, and other facts than those provided in par. ((1)-(6) which constitute contraventions in the field of sanitation services. + Article 31 The provisions relating to the contraventions provided for in this Law shall be supplemented Government Ordinance no. 2/2001 , approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions, except for those provided in art. 28. + Article 32 The finding of contraventions provided by this law and the application of sanctions shall be made by: a) persons empowered from the local public administration authorities, for the contraventions provided in art. 30 30 para. ((1) lit. a) and para. ((4)-(6); b) the ascertaining agents of A.N.R.S.C., for the contraventions provided in art. 30 30 para. ((1) lit. b), c) and e) and para. ((2) and (3); c) persons empowered from the executive authority of the administrative-territorial unit of the city of Bucharest, for the contravention provided in art. 30 30 para. ((1) lit. d). + Chapter VII Transitional and final provisions + Article 33 This law comes into force one year from the date of publication *) in the Official Gazette of Romania, Part I. -------- Note *) The law on sanitation of localities was published in the Official Gazette of Romania, Part I, no. 393 393 of 8 May 2006. + Article 34 The provisions of this Law shall be completed Law no. 51/2006 , republished as well as those of Law on waste regime no. 211/2011 , republished. + Article 35 The measures of the nature of the state aid provided for in this law will be notified according to the state aid legislation and will be granted only after their authorization by the Competition Council, in compliance with the criteria provided for in the secondary legislation on State aid. + Article 36 (1) The settlement of patrimonial and non-patrimonial disputes related to the conclusion and execution of contracts covered by this law, as well as those arising from non-payment of the value of the services provided/rendered Administrative litigation and it is done in the emergency procedure. (2) The settlement of civil and labor disputes arising from the application of the provisions of this law shall be made by the competent courts, under the law. + Article 37 The date of entry into force of this Law shall be repealed: Government Ordinance no. 87/2001 on public sanitation services of localities, published in the Official Gazette of Romania, Part I, no. 543 of 1 September 2001, approved with amendments by Law no. 139/2002 , with subsequent amendments and completions; art. 3 3 para. ((1) lit. d) and art. 5 5 section 1 lit. d) of Government Ordinance no. 71/2002 on the organization and functioning of public and private public domain administration services of local interest, published in the Official Gazette of Romania, Part I, no. 648 648 of 31 August 2002, approved with amendments by Law no. 3/2003 ; art. 42 lit. a) and d) of Government Emergency Ordinance no. 78/2000 on the waste regime, published in the Official Gazette of Romania, Part I, no. 283 283 of 22 June 2000, approved with amendments and additions by Law no. 426/2001 . NOTE: We reproduce below the provisions art. II-IV of Law no. 99/2014 ,, which are not incorporated into the republished form of Law no. 101/2006 and which continue to apply as own provisions of the amending act: "" Art. II. -Regulation on the granting of licences in the field of Community public utility services, approved by Government Decision no. 745/2007 , as amended, shall be amended in accordance with the provisions of this Law by the National Regulatory Authority for Community Services of Public Utilities and shall be approved by Government decision, within 6 months from the date of entry into force of this Law Art. III. -(1) Within 90 days from the entry into force of this Law, the executive authority of the administrative-territorial units shall draw up and submit for approval to the deliberative authority of the respective administrative-territorial units the strategy local development and operation in the medium and long term of the sanitation service, provided for in art. 5 5 para. ((1) of Law no. 101/2006 , with subsequent amendments and completions, as well as those brought by this law. (2) The legal provisions that will have the effect of amending the terms of the contract for the delegation of the management of the sanitation service, the Regulation on the organization and functioning of the sanitation service and other documents related to them will be retrieved by additional acts. Within 120 days from the date of entry into force of this law, the contracting authorities will be obliged to conclude the additional acts in order to amend the text of the contract for the delegation of the sanitation service, the Regulation on the organization and functioning of the sanitation service and other related documents. Art. IV. --(1) By way of derogation from the provisions art. 81 81 para. (3) of the Local Government Law no. 215/2001 , republished, with subsequent amendments and completions, pursuant to the provisions of art. 81 81 para. (4) of the same law, the deliberative authorities of the sectors of the city of Bucharest have exclusive competence regarding the establishment, organization, assignment and performance of the activities of the sanitation service, except for the activities that are in the competence of the administrative-territorial unit of the city of Bucharest, respectively of disinsection, disinfection, deratization, organization of processing, neutralization and material and energy recovery of waste, organization of treatment mechano-biological of municipal waste and similar waste, of administration of landfills and/or facilities for the disposal of municipal waste and similar waste, as well as coordination, monitoring and control of the sanitation service, establishing and approving the indicators of performance of the sanitation service, after their public debate. The deliberative authorities of the sectors of Bucharest are obliged to respect the local strategy regarding the medium and long-term development of the sanitation service, approved by the General Council of Bucharest. (2) By exception to the provisions of par. (1), by decision of the General Council of the Municipality of Bucharest may be taken over by the deliberative authority of the city of Bucharest, partially or totally, the powers of the deliberative authorities of the sectors of Bucharest the establishment, organization, assignment and performance of the activities of the sanitation service, at their reasoned request. " -----