Advanced Search

Royal Decree 1290 / 2012, 7 September, Amending The Regulation Of The Domain Public Hydraulic, Approved By Royal Decree 849/1986, Of 11 April, And The Royal Decree 509/1996, 15 March, Development Of The Royal Decree-Law 11...

Original Language Title: Real Decreto 1290/2012, de 7 de septiembre, por el que se modifica el Reglamento del Dominio Público Hidráulico, aprobado por el Real Decreto 849/1986, de 11 de abril, y el Real Decreto 509/1996, de 15 de marzo, de desarrollo del Real Decreto-ley 11...

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

TEXT

The transposition into Spanish law of Directive 2000 /60/EC of the European Parliament and of the Council of 23 October 2000 establishing a Community framework for action in the field of water policy has given rise to the the incorporation of new contents in the river basin management plans, related, for the most part, with the protection, conservation and improvement of the state of the water bodies and, in general, the hydraulic public domain and, therefore, with the use and protection of this.

The incorporation of these contents into the hydrological plans, currently in various stages of processing in the different hydrographic demarcations, but in a very advanced state in all of them, has revealed the lack of of various normative provisions, in the regulatory development of the recast text of the Law of Waters, approved by the Royal Legislative Decree 1/2001, of 20 July, that allow a homogeneous performance in the various basin and other organizations competent authorities at the time of the management of the use and protection of the Hydraulic public domain in matters related to the aforementioned content of the hydrological plans.

In turn, experience in the management of the use and protection of the hydraulic public domain, by the basin agencies and other competent administrations, has been putting in different evidence Regulatory weaknesses, as well as some ambiguities that need to be resolved, as they hinder the rational management of this domain.

Consequently, the new normative development of the management of the use and protection of the hydraulic public domain, demanded by both the Community regulations and the experience of the Hydraulic Administration, must be the object of a common regulation for all the hydrographic demarcations, and must not be independent in each river basin management plan, advising a modification of the Regulation of the Public Domain Hydraulic, which develops the preliminary titles, I, IV, V, VI and VII of the recast of the Law of Waters, approved by the Royal Decree Legislative 1/2001 of 20 July, approved by Royal Decree 849/1986 of 11 April.

On the other hand, the Royal Decree 60/2011 of 21 January on environmental quality standards in the field of water policy modifies the concept of a dangerous substance, understanding as such for all substances. contained in Annexes I and II to that royal decree. This also gives rise to changes in the wording of certain articles of Royal Decree 849/1986 of 11 April.

In accordance with Law 27/2006 of 18 July on the rights of access to information, public participation and access to justice in the field of the environment and the provisions of Article 15 of the recast text of the Water Act, article 254 is amended by highlighting that the information contained in the Census of Vertides will be accessible to the citizens according to the principles contained in Law 27/2006.

In turn, the approval of Royal Decree 475/2007, of 13 April, approving the National Classification of Economic Activities 2009, makes it necessary to amend Annex IV of the Regulation of the Public Hydraulic Domain, with the purpose of adapting the classification of discharges according to groups of activities classified by CNAE, for the purpose of calculating the coefficient of mayorisation or minorisation of the discharge control fee, to the new codes approved by this real decree.

Council Directive 91 /271/EEC of 21 May 1991 on the treatment of urban waste water was incorporated into national law by means of Royal Decree-Law 11/1995 of 28 December 1995 laying down rules for the applicable to the treatment of urban waste water and Royal Decree 509/1996 of 15 March, which develops it. The text resulting from this transposition has given rise to various interpretations of the technical requirements to be met by the collecting systems and in particular to the tightness of the systems and to the treatment of water in circumstances. such as unusual torrential rains.

This situation, coupled with the fact that there is no specific regulation governing overflows of sanitation systems in rainy episodes, leads to the need to reform Article 2 of Royal Decree 509/1996, of 15 of March, as well as to incorporate in the Regulation of Public Domain Hydraulic articles that allow to limit the contamination produced by these overflows, taking into account that in practice it is not possible to construct the collecting systems and the treatment facilities in such a way that the whole of the water can be treated Residual in circumstances such as unusual torrential rains.

This royal decree therefore consists of two articles: one by which the Regulation of the Public Hydraulic Domain is amended, which constitutes the main object of the present royal decree; and another, by which the Royal is amended Decree 509/1996 of 15 March.

The article first includes: all the normative provisions derived from the common content of the hydrological plans and the normative deficiencies detected in the management of the hydraulic public domain; arising from the approval of Royal Decree 60/2011 of 21 January 2007 and Royal Decree 475/2007 of 13 April 2007. In addition, an inventory of runoff water overflow points is created and the legal regime for runoff water overflows is developed for both the authorizations of existing discharges to the entry into force, and for new discharge authorization requests.

In the second article, Article 2 of Royal Decree 509/1996, of 15 March, is amended to cover the situations of pollution from discharges from runoff waters.

Finally, for the sake of simplification and administrative streamlining, and in coherence with the amendment to Article 264.1 of the Regulation of the Public Hydraulic Domain, a derogation provision is incorporated into the Regulation. the mandatory report provided for in the respective regulations of the Water Councils of the demarcations in the procedure for the revocation of authorization of discharges, to be considered a procedure which in essence does not provide an added value, to the be linked to the outcome of a prior sanctioning procedure for non-compliance with the conditions of the discharge authorisation.

The royal decree has been favorably informed by the full National Water Council, which involves the autonomous communities and sectors affected. It is also important to add that it does not develop any aspect of the recast of the Water Act recently amended by Royal Decree-Law 17/2012 of 4 May, of urgent measures in the field of the environment.

This royal decree is issued under the second final provision of the recast text of the Water Law approved by the Royal Decree of Law 1/2001 of 20 July, and of the final disposition of the Royal Decree-Law 11/1995, (a) of 28 December laying down the rules applicable to the treatment of urban waste water which enable the Government to provide the regulatory requirements for its development and implementation, and Article 149.1.18. and 23. of the Constitution, which attributes to the State competence on basic legislation on administrative concessions and protection of the environment, as well as on Article 149.1.22. of the Constitution which reserves the State competence over legislation and the granting of resources and benefits hydraulics when they run by more than one autonomous community.

In its virtue, on the proposal of the Minister of Agriculture, Food and Environment, with the prior approval of the Minister of Finance and Public Administrations, in agreement with the Council of State and after deliberation of the Council of Ministers at their meeting on 7 September 2012,

DISPONGO:

Article first. Modification of the Regulation of the Public Domain of Hydraulic, which develops the preliminary titles, I, IV, V, VI, VII and VIII of the recast text of the Law of Waters, approved by the Royal Legislative Decree 1/2001, of July 20, approved by the Royal Decree 849/1986.

The Regulation of the Public Hydraulic Domain that develops the preliminary titles, I, IV, V, VI, VII and VIII of the recast text of the Law of Waters, approved by the Royal Legislative Decree 1/2001, of July 20, approved by the Royal Decree 849/1986 of 11 April is amended as follows:

One. The following amendments are inserted in Article 53:

" Paragraph 3.c) becomes paragraph 4.

Paragraphs 4 and 5 become paragraphs in the new paragraph 4.

Paragraph 6 becomes paragraph 5. "

Two. Two paragraphs are added to Article 74, with the following wording:

" 3 bis. The authorisations for planting, planting or cutting of trees shall establish the obligation for the holder to restore the land to his former condition, which may include, among other things, the unearthing, planting of native ribera vegetation and disposal of defence works, unless a new authorisation is obtained to continue the cultivation during the following growing season.

7. The holder of an authorisation for sowing, planting or cutting of trees shall be responsible for the fact that the activity does not alter the drainage conditions of the current in that section, with the removal of trees or fallen branches or any other element related to the holding, which could be an obstacle to the flow and cause damage to the hydraulic public domain or to third parties. "

Three. Article 76 (5) is worded as follows:

" 5. These authorisations shall weigh their impact on the state of the water bodies. Where the extraction is intended to be carried out on the final sections of the rivers and may cause harmful effects on the beaches or affect the availability of the aggregates necessary for their contribution to the beaches, the report of the Agency shall be required. in charge of the management and protection of the maritime public domain, which shall be subsequently transferred from the resolution to be adopted. "

Four. Article 78 (1) shall be read as

:

" 1. In order to carry out any type of construction in the area of police, prior authorization will be required of the basin body, unless the corresponding Urban Planning Plan, other urban planning figures or plans of works of the Administration, have been informed by the Basin Agency and have collected the appropriate forecasts made to this effect. In all cases, the projects resulting from the development of the planning shall be communicated to the Basin Agency for the analysis of possible conditions for the hydraulic public domain and the provisions of Article 9. "

Five. Article 81 is worded as follows:

" The authorisation of any other activity referred to in Article 9 (1) (d) shall be processed by the Basin Agency in accordance with the provisions of Article 53.

In relation to plantations, the same conditions laid down in Article 74.7 shall apply to the police zone. "

Six. Article 85 (2) is worded as follows:

" 2. The above mentioned communication shall indicate: the maximum instantaneous flow rate, the maximum annual volume and the monthly maximum volume derived, the purpose of the derivation, the municipal term and the description of the works to be performed for the derivation. "

Seven. Article 89 (4) is read as

:

" 4. When the concession right is extinguished, the State will revert to the State free of charge and free of charge as many works would have been constructed within the hydraulic public domain for the exploitation of the use, without prejudice to the fulfillment of the conditions laid down in the concession document and, where applicable, those relating to the reversal of other elements situated outside the demanium.

If at that time, the Hydraulic Administration considers possible and appropriate the continuity of the use, it may require the concessionaire to deliver the goods object of reversion under operating conditions such as provide for Articles 164.3, 165.3 and 167.3 and 4. If, on the contrary, it is not feasible, or its maintenance would be contrary to the public interest, it may require the demolition of what was built in the public domain in accordance with Article 101 of Law 33/2003 of 3 November of the World Heritage Site. of the Public Administrations. "

Eight. Paragraph 1 is amended and Article 93 (4) is added with the following wording:

" 1. Any private use of waters not included in Article 54 of the recast text of the Water Law requires administrative concession. Its granting will be discretionary, but any resolution will be motivated and adopted according to the public interest. Concessions shall be subject to review in accordance with Article 65 of the recast of the Water Act.

4. By way of derogation from paragraph 1, the bodies of the State Administration or of the Autonomous Communities may access the use of the waters, subject to special authorization extended to their favour or to the State's heritage, without injury to third parties. '

Nine. Article 97 is worded as follows:

" Article 97. Duration of the concessions.

Any concession shall be granted in accordance with the provisions of the Hydrological Plans; it shall be of a temporary nature and a maximum period of time, including carryovers, not exceeding seventy-five years in accordance with Article 93.3 of the Law 33/2003 of 3 November of the Heritage of Public Administrations.

The deadline will begin to compute from the day following the notification of the concessional resolution. "

Ten. The first paragraph of Article 102 is read as follows:

" In any concession of public waters, the purpose of the concession shall be fixed, its period, the maximum instantaneous flow rate, the maximum annual volume and, where appropriate, the maximum monthly volume to be used, indicating the period of use when the use is made in restricted days. The municipality and province where the taking and the cartographic references of the water outlets and their places of application are located shall be identified. "

Once. Article 106 (2) (b) shall read as

:

" (b) Where the requested concession is for the purposes of the application, the public or official documents certifying the ownership of the land shall be accompanied, or in the case of concessions requested by user communities or on a public service basis, the documents which justify the approval of the application for a general meeting or have the conformity of the holders who meet half of the area to be irrigate respectively. The technical document justifying this type of use shall include an agronomic study covering at least one calculation of the water allocation referred to each of the months in which the irrigation is necessary and an economic study of the Conversion of dry to irrigated to allow for an opinion on the origin or the origin of the same. The application shall also be accompanied by an analysis and proposal of good practice to limit diffuse pollution and export of salts, especially in vulnerable areas. "

Twelve. Article 126 is worded as follows:

" Article 126. Works within and over the hydraulic public domain.

1. The processing of the records of concessions and authorisations of works within or on the hydraulic public domain shall be carried out in accordance with the procedure laid down in Articles 53 and 54, with the following caveats and details:

(a) In the case of margin stabilization or the cleaning of channels, the documentation shall comprise at least one floor plan at the scale of the work to be carried out, in which it is perfectly defined in relation to both margins of the channel, accompanied by a brief description.

When the nature of the work requested, the capacity for evacuation of the channel may be modified, it shall include cross-sectional profiles of the bed and a supporting calculation of the capacity at different levels. Plans may be replaced at scale by crouquis, in the case of works of minor importance to be carried out in public limited channels.

(b) Works of encauzations, defense mots, bridges and walkways or other modifications not included in the previous paragraph, shall require the presentation of a project signed by a competent technician. The Basin Agency may agree to replace the project with plans at scale, descriptive of all the works and a supporting memory, when in their judgment it is a matter of minor works to be carried out in public channels of little entity.

Short or channel coverage projects will contain a topographical map defining the vertices of the polygonal that delimits the new and old channels referenced with ETRS89 coordinates.

c) In the event that the works are intended to recover land belonging to the petitioner, this circumstance shall be expressly stated in the initial application, and must justify the ownership of the same by means of the presentation of the appropriate registration title or certification, together with a copy of the parcelary plane of the farm to be recovered and a topographical plane defining the vertices of the delimitation of the lands referenced with coordinates ETRS89 with regard to the channel, which should be contrasted with the corresponding delimitation of the Hydraulic public domain with which the Basin Agency is available. This delimitation of the land shall not link the result of the development of the terms provided for in Articles 240 and following.

2. Public information may be dispensed with when the water studies carried out by the applicant and validated by the Agency for the use of water, which does not result in an increase in levels both in the other margin of the river and upstream and below the tranche in question, or in the case of margin stabilisation, clearing of channels, bridges, walkways and low-profile hedges in small-entity channels.

3. The action shall be subject to the necessary environmental performance in accordance with the applicable environmental legislation.

4. They will not need the concession referred to in this article by the works carried out by the State or the Autonomous Communities, including in Plans which would have been informed by the Basin Agency and have collected their prescriptions. However, all public administration projects in these areas should be submitted to the Basin Agency's report for the analysis of possible conditions for the public hydraulic domain.

5. Actions arising from these files and from any other involving a condition to the public hydraulic domain shall be stored and kept up to date in a suitably georeferenced computer system in such a way as to serve as a basis the inventory of pressures established in the Hydrological Planning Regulation, approved by Royal Decree 907/2007 of 6 July 2007. "

Thirteen. An article 126 bis is added with the following wording:

" Article 126 bis. Conditions for ensuring river continuity.

1. The Basin Agency shall promote respect for the longitudinal and lateral continuity of the channels by making it compatible with the current uses of water and the hydraulic infrastructure collected in the hydrological planning.

2. In the conditions of the new concessions and authorizations or the modification or revision of the existing ones, which include cross-cutting works on the channel, the Basin Agency will require the installation and proper conservation of devices that ensure their cross-compliance by the native icthiofauna. The same requirement shall apply to works of this kind, which are linked to concessions and authorizations which include this obligation in their condition or which must incorporate such devices in application of the law in force.

These devices may be temporarily waived by environmental criteria or by technical infeasibility, to be adequately justified in each case. Depending on the environmental performance of the section or the improvement of the techniques, the basin body may require its installation if the conditions so advise.

3. In the works and in the processing of authorizations and concessions files that correspond to defense works against floods, the Basin Agency shall take into account the possible effects on the state of the water bodies. exceptional works of defence may only be constructed on a side-by-side basis in the preferential flow zone when they protect existing public populations and infrastructure.

4. The Basin Agency will promote the elimination of infrastructures that, within the public hydraulic domain, are abandoned without fulfilling any function linked to the exploitation of the waters, taking into consideration the safety of the persons and property and valuing the environmental and economic impact of each action.

5. For the granting of new authorisations or concessions for cross-sectional works to the channel, which by their nature and dimensions may significantly affect the transport of sediments, an assessment of the impact of these works on the use of sediments will be required. the system of transport of sediment from the bed. Measures to minimise such impact shall be taken on the holding of such works. '

Fourteen. Article 128 (1) shall be read as

:

" 1. The processing of water concessions for waterings, which are not in public service with an instant maximum flow rate of less than 8 litres per second and maximum annual volume of less than 100,000 cubic metres, domestic uses up to 2,000 people, where they do not constitute a inhabited core defined in Article 123, aquaculture up to an instant maximum flow rate of 100 litres per second, or an instantaneous maximum flow rate of less than 5 litres per second, for non-energy destinations different from those already indicated, shall be governed by the procedure referred to in the following Articles. "

Fifteen. Article 130 (1) shall be read as

:

" 1. In the processing of water concessions for irrigation use with an instant maximum flow rate of less than 4 litres per second and maximum annual volume of less than 50,000 cubic metres, domestic uses up to 50 people, whether or not they are core inhabited, or an instant maximum flow rate of less than 2 litres per second for other destinations other than those indicated, in addition to the process of project competition and to limit public information in the form indicated in the the documentation to be accompanied by the request for the grant shall be the which is indicated in the following sections. "

Sixteen. Article 132 is worded as follows:

" Article 132. Use for hydro-electric purposes of State infrastructure.

1. Where, in accordance with the Demarcation Hydrologic Plan, there is a possibility to use reservoir dams or canals constructed in whole or in part with funds from the State or the Basin Agency, in accordance with the Water Plan. the exploitation of such uses, as indicated in the following articles, is published in public tender.

2. The provision referred to in the previous paragraph shall also apply, without the need for inclusion in the Demarcation Water Plan, to the infrastructure which has been reversed by the State in the case of the extinction of concessions. "

seventeen. In Article 133 (2), the term 'pesetas' is replaced by the word 'euro'.

Eighteen. Article 144 (2) and (5) shall be worded as

:

" 2. Essential characteristics shall be: Identity of the holder, maximum annual volume, maximum monthly volume when this has been established in the concessional title and the maximum instantaneous flow to derive, current and point of taking, Derivation, regable area in the concessions for irrigation and section affected in those destined for the production of electrical energy.

5. In those concessions granted by the Law of Water to the Ministry of Agriculture, Food and Environment the processing of requests for modification of essential characteristics or conditions, following the the procedure provided for in Articles 145 to 148 shall be carried out by the Basin Agency, which shall carry out the dossier by raising it subsequently to the said Ministry for final decision, with the exception of those relating to the ownership of the use, which will be decided by the basin body itself.

In cases where the decision is approved by the Ministry, the Ministry shall be transferred to the Basin Agency for inspection, surveillance and registration purposes in the Water Register. "

nineteen. Article 153 is worded as follows:

" Article 153. Increase of the concession period.

1. The authorization to change characteristics may only lead to an increase in the concession period, if the concessionaire so requests, where the modification requires investments which cannot be amortised within the time limit for the remaining concession. The duration of the extension shall be fixed in respect of the necessary depreciation period without the total period of the concession being able to exceed, in any event, the maximum laid down in Article 97.

2. Applications for an increase in the period referred to in the previous paragraph shall not be allowed during the last three years of the grant. '

Twenty. An article 156a is added with the following wording:

" Article 156a. Lower endowment and savings accreditation.

1. For the accreditation referred to in Article 65.2 of the recast text of the Water Law, approved by the Royal Legislative Decree 1/2001 of 20 June, the following criteria will be taken into account, among others:

a) The maximum endowments established in the Hydrological Plan.

b) The areas actually irrigated and the population actually served in a sufficiently representative period.

(c) Really derived flows in a sufficiently representative period.

(d) The capacity for the derivation and transport of the infrastructure linked to the use, except that:

1. No unauthorized modifications have been made that result in greater water diversion or consumption.

2. The poor conservation of infrastructures implies greater water consumption.

e) The fact that the flows granted are already provided by a public supply network or a community of users or that are included in another subsequent concession.

f) The introduction of the technical improvements available at any time.

2. For the purposes of applying paragraphs 1 (b) and (c) it may be considered as a sufficiently representative period for five years of hydrological years, ranging from 10 years before the date of initiation of the review procedure. "

Twenty-one. Article 164 (1) is read as

:

" 1. The cases of extinction of the right of the concession period may be initiated three years before the expiry of the term of office, on its own initiative or at the request of a party. "

Twenty-two. An Article 165a is added with the following wording:

" Article 165 bis. Particularities for hydroelectric tapping.

1. In the case of hydropower, the report of the Service, referred to in Articles 164.3 165.3 and 167.4, shall include a reasoned proposal on the future of the use to be extinguished, including inter alia, recommendations on the continuity of the operation, the ownership of the infrastructure and facilities and on the management or the demolition of the infrastructure and facilities to be reversed by the State.

2. Once the extinction resolution has been issued, the competent authority shall, in the case of a continuation of the holding, process the corresponding service contract or the public tender for the exploitation of the use in accordance with the specified in Article 132.2. "

Twenty-three. Paragraph 7 is amended and a paragraph 8 is added to Article 173 with the following wording:

" 7. The Basin Agency shall provide the competent authorities with protection perimeters, as well as the conditions laid down therein, which must be taken into account in the various urban planning or planning plans. territory with which they relate.

8. Applications for the delimitation of protective perimeters as provided for in paragraph 3, in the case of use of groundwater intended for human consumption, which provide an average daily average of more than 10 cubic metres or serve as more than 50 persons, a technical report may be required to cover, inter alia, the following:

a) Proposal for delimitation of the perimeter based on the hydrogeological characteristics of the aquifer, the characteristics, the operating system and the area of influence of the catchment and the preservation of quantity and quality of the resource fetched.

b) Information about the existing spatial planning and zoning figures that affect it. "

Twenty-four. Paragraph (a) of Article 187 is read as follows:

"a) Annual maximum volume granted, monthly maximum volume in case and instant maximum flow rate."

Twenty-five. A paragraph 3 is added to Article 188 with the following wording:

" 3. The cleaning, development and stimulation of wells must be communicated to the Basin Agency at least one month in advance. "

Twenty-six. An Article 188a is added with the following wording:

" Article 188a. Sealing of groundwater fetches.

1. In the case of the extinction, revision or modification of groundwater rights involving the cessation of extractive activity, the necessary measures shall be taken to ensure that the holder of the wells, sinkings or Similar works, with inert material, in such a way that the underground flow is not altered in the environment of the same and all electrical and mechanical materials for recycling, use or transfer to a landfill site will be removed. authorized.

2. The Basin Agency may, in a subsidiary form, carry out the sealing of the catchment, thereby affecting the costs of such performance to which it would have been the holder.

3. The provisions of the two preceding paragraphs shall apply to the authorisations of groundwater research. '

Twenty-seven. Article 192 (2) (d) (2) and (j) shall be worded as follows:

" 2.d) Current or aquifer from which the water comes, specifying, where appropriate, the mass of water.

2.e) Place, municipality and province in which water is captured. The ETRS 89 coordinates, of each of the takes, will be included.

2.j) Annual maximum volume in cubic metres and, where applicable, set modulation, as well as maximum monthly volume. '

Twenty-eight. An Article 192a is added with the following wording:

" Article 192 bis. Transfer of seats from Section C to Section A of the Water Register.

At the request of the holders and provided that the total flow rates used are not increased or the conditions or conditions of use are modified, the Basin Agency, after review of the benefits and with the limitation of the concession period provided for in paragraph 1 of the second and third transitional provisions of the recast of the Water Act, shall carry out the transfer of the seats of Section C to Section A of the Water Register.

To this end, it shall be considered to be a modification of the conditions or the system of use, among others, of the actions that involve the variation of the depth and the diameter of the well, as well as any change in the use, location or surface variation on which the resource is applied in the case of irrigated use. "

Twenty-nine. Article 200 (2) is worded as follows:

" 2. The Statute or Ordinance shall also contain the corresponding police regime for collective exploitation, as well as the establishment of control measures for consumption and tariffs, which encourage savings and combine consumption and consumption. surface for billing purposes. "

Thirty. Article 242 (3) (c) is read as follows:

" c) Mapping of the stretch to dislindar, based on the digital models of the high definition terrain ortho-photos available or other means of similar precision, represented at scale not less than 1/1,000. Also cadastral and toponimical information. "

Thirty-one. An Article 243 a is added with the following wording:

" Article 243 bis. Bathing water areas.

As provided for in Article 25.4 of the recast text of the Water Act, the annual declaration of bathing water areas by the competent authorities will require a prior report of the basin bodies in relation to the areas within its area of competence. '

Thirty-two. Article 245 (2), (3) and (5) (d) shall be worded as follows:

" 2. The direct or indirect discharge of water and waste products liable to pollute the inland waters or any other element of the public hydraulic domain shall be prohibited, unless the prior notification is given. authorisation. This authorization is for the competent hydraulic administration, except in the case of discharges carried out at any point in the sewerage network or from collectors managed by the regional or local authorities or by entities dependent on the same, in which the authorisation shall be the responsibility of the competent regional or local authority.

3. The discharge authorisation shall be intended to achieve the environmental objectives laid down. These authorisations shall be granted taking into account the best available techniques and in accordance with the environmental quality standards and emission limits laid down in this Regulation and in the rest of the water regulations. More stringent dumping conditions will be established when compliance with environmental objectives so requires. These rules and objectives may be specified for each basin by the respective hydrological plan, in accordance with the provisions of the provisions of the in Article 100.2 of the recast text of the Water Act.

5.d) Dangerous substance: substances or groups of substances which are toxic, persistent and bioaccumulative, as well as other substances or groups of substances which involve a level of similar risk, and in particular those contained in in Annexes I and II to Royal Decree 60/2011 of 21 January on environmental quality standards in the field of water policy. '

Thirty-three. Article 246 is worded as follows:

" Article 246. Initiation of the discharge authorisation procedure.

1. The procedure for obtaining the discharge authorization shall be initiated by application of the holder of the activity, with the data required by Article 70 of Law No 30/1992 of 26 November of the Legal Regime of Public Administrations and of the Common Administrative Procedure, and with the declaration of discharge according to model approved by the Ministry of Agriculture, Food and Environment.

2. The spill declaration shall contain the following:

a) Characteristics of the activity causing the spill.

b) Exact location of the point where the spill occurs.

(c) Qualitative characteristics (indicating all the values of the pollutant parameters of the spill), quantitative and temporary of the spill.

d) Description of the discharge and discharge facilities.

e) Project, signed by a competent technician, of the works and installations of purification or disposal which, if necessary, are necessary for the degree of purification to be adequate for the attainment of the limit values of the emission of the discharge, taking into account the environmental quality standards determined for the receiving medium.

e ') Where appropriate, technical documentation that adequately develops and justifies the characteristics of the sanitation network and the relief systems, and the measures, actions and facilities envisaged to limit the overflow contamination in episodes of rainfall.

(f) Request, where appropriate, for the imposition of forced servitude of aqueduct or public utility declaration, for the effects of forced expropriation, accompanied by the identification of the affected property and owners.

g) Description of the measures, actions and safety installations planned for the prevention of accidental discharges.

3. In the case of applications made by local authorities and autonomous communities, the discharge declaration shall also include:

(a) Inventory of industrial discharges with dangerous substances referred to in Article 245.5.d) collected by the regional or local sanitation network.

(b) Content and development of the plan for the drainage and control of discharges into the regional or local sanitation network which will include, where appropriate, the programmes for the reduction of dangerous substances, as well as the corresponding regulation or Discharge ordinance. In the event that the necessary purification and evacuation facilities are part of a plan or a sanitation programme approved by another public administration, this shall be stated in the application.

(c) A set of measures comprising technical details of detail which, taking into account the rainfall regime, the characteristics of the river basin, the design of the sanitation network, the nature and characteristics of the substances present in the overflows of the drainage systems in rain episodes, and the environmental objectives of the receiving medium, define good practices and basic actions to maximise the transport of volumes to the waste water and runoff water treatment stations and reduce the impact of waste water overflows of the sanitation systems in rain episodes.

These measures shall include at least the general description of the sanitation system and the planned actions and timetable for implementation.

4. Where the applicant for the discharge authorisation must also apply for a concession for the use of the water, or for the reuse of the waters, the documentation referred to in the preceding paragraphs shall be present together with the one that is necessary for the purpose of obtaining such a concession.

The exploitation of the use shall be subject to the granting of the concession and the discharge authorization. "

Thirty-four. Article 250 is deleted.

Thirty-five. Article 251 is worded as follows:

" Article 251. Conditional on discharge authorisations.

1. The discharge authorisations shall lay down the conditions under which they must be carried out, in particular by specifying the following:

a) Origin of waste water and geographical location of the point of discharge.

b) The flow rate and the emission limit values for the effluent, determined according to the following general rules:

1. The emission characteristics of the spill shall be such that they are suitable for compliance with the environmental quality standards of the receiving medium. It will be possible to establish a gradual implementation of those until their complete achievement.

2. Emission Limit Values for the parameters characteristic of the activity causing the discharge are required.

3. The emission limit values shall not be achieved by dilution techniques.

(c) The purification and evacuation facilities that the Basin Agency considers sufficient to comply with the water quality of the receiving medium.

(d) The dates of initiation and termination of works and installations, planned partial phases and entry into service of those, as well as measures which, if necessary, should be adopted in order to reduce pollution during the time limit for the execution of those.

e) The control elements of the purification facilities and the systems for measuring the flow and sampling, as well as the periodicity in which the parameters and conditions of the test are required to be analyzed and accredited. discharge, as well as any other declarations and accreditations to be made to the Basin Agency.

e ') Where appropriate, measures, actions and facilities for the regulation of the overflows of the drainage systems in rain episodes, as well as the control elements thereof, which are necessary to limit adequately the contamination that they can produce and meet the environmental objectives of the receiving medium.

f) The term of validity of the authorization.

g) The amount of the discharge control fee applicable pursuant to Article 113 of the recast of the Water Act, approved by the Royal Legislative Decree 1/2001 of 20 June, specifying the unit price and its components.

h) The causes of authorization modification and revocation.

i) Actions and measures which, in cases of emergency, are to be implemented by the holder of the authorisation, including untreated water storage facilities for the case of sudden stops or scheduled from the purification stations of industries that include chemical, biological or radioactive processes.

(j) Where appropriate, the establishment of the pollution reduction programmes for the progressive adaptation of the discharge characteristics to the emission limit values referred to in subparagraph (b) above, as well as their corresponding time limits.

k) Any other condition that the Basin Agency considers appropriate due to the specific characteristics of the case and the fulfillment of the purpose of the purification and evacuation facilities.

2. The condition of the authorisations of discharges which may affect groundwater shall also be subject to the provisions of Article 259.

3. Once the authorisation has been granted, the authorised local authorities and autonomous communities are obliged:

(a) To report annually to the Hydraulic Administration on the existence of discharges in the collectors of dangerous substances referred to in Article 245.5.d.

b) To report on the operation of the urban waste water purification stations, for the purposes set out in Royal Decree 509/1996, of 15 March, for which the Royal Decree-Law 11/1995, of 28 December, laying down the rules applicable to the treatment of urban waste water.

c) To report annually to the Hydraulic Administration on the overflows of the sanitation network.

4. Failure to comply with the conditions of authorisation may give rise to revocation in accordance with Article 263. '

Thirty-six. Article 254 (1) is worded as follows:

" 1. The catchment bodies shall carry out a census of the authorised discharges to which the citizens will have access in accordance with the terms of Law 27/2006 of 18 July on the rights of access to information, of participation public and access to justice in the field of the environment. "

Thirty-seven. An article 259 bis is added with the following wording:

" Article 259 bis. Discharges into channels with intermittent flow rate.

1. Any discharge of waste water which is carried out under intermittent flow rate and which does not reach a permanent stream may be considered as direct discharge into inland waters or as an indirect discharge into waters underground by filtration through the soil.

2. After assessing that of the flow rate system and the hydrogeological characteristics of the downstream flow, the basin body shall decide under which of the conditions under which the groundwater may be affected to estimate the possible condition of the groundwater. considerations, or both, the processing of the discharge authorisation has to be carried out.

3. In the case of processing as an indirect discharge into groundwater, the applicant must submit the prior hydrogeological study, referred to in Articles 257 and 258, without prejudice to the provisions of the Article 253. "

Thirty-eight. A Section 4 is added to Chapter II of Title III with the following wording:

" Section 4. Overflows of sanitation systems in rain episodes

Article 259 ter. Overflows of sanitation systems in rain episodes.

1. The following criteria shall be taken into account in the authorisations for the discharge of urban sanitation systems in urban areas:

(a) Projects for new urban developments should justify the desirability of establishing separate or unitary sewerage networks for waste water and runoff, as well as measures to limit the contribution of rain water to the collectors.

(b) In urban waste water collector networks, the incorporation of runoff waters from outside areas into urban agglomeration or other waters other than those for which it is not appropriate shall not be permitted. were designed, except in duly justified cases.

c) In dry weather, discharges by the relief are not permitted.

(d) The relief from the sanitation collector system and the inlet to the sewage system must be equipped with the relevant elements according to its location, age and the size of the area to reduce the evacuation to the medium receiver of at least thick and floating solids. These elements should not reduce the hydraulic drain capacity of the relief, both in normal operation and in case of failure

(e) In order to reduce the pollution caused by heavy rain, the owners of urban waste water discharges shall be obliged to put into service the works and facilities they permit. retain and properly evacuate to the urban waste water treatment station the first runoff water from the sewerage network with high concentrations of pollutants produced in those episodes.

2. The following criteria shall be taken into account in the authorisations for the discharge of sewage systems for industrial zones in industrial areas:

(a) Projects for new industrial developments should, preferably, establish separate sewerage networks and incorporate a treatment of runoff waters, independent of water treatment. residual.

(b) In the networks of waste water collectors in industrial areas, the incorporation of runoff waters from outside areas to the introduction of industrial activity or other types of water shall not be permitted. are not the own for which they were designed, except in duly justified cases.

c) No relief will be allowed in the collection and debugging lines of:

1. Water with hazardous substances.

2. Industrial Process Waters.

3. The Ministry of Agriculture, Food and the Environment, in order to meet the environmental objectives of the receiving medium, will lay down the technical standards specifying and developing the design procedures for the works and facilities for the management of runoff waters, without prejudice to the possibility for autonomous communities with competition on intra-Community basins to lay down additional rules to ensure that these objectives are met, and the provisions of this Article. Those rules shall be used in the establishment of the conditions of discharge authorisations.

4. The temporary deterioration of the state of the water masses as a result of the overflows of the drainage systems in rain episodes, will not constitute an infringement of the provisions of this royal decree if it is due to natural causes or force majeure or the result of circumstances arising from accidents, which are exceptional or which have not been reasonably foreseen, taking into account the criteria laid down in the technical standards referred to in paragraph 3. In such cases the holder of the authorisation shall immediately inform the Basin Agency, specifying the causes, potential damage and measures taken to minimise the effects. "

Thirty-nine. Article 264 (1) is read as

:

" 1. After requiring the holder to adjust the discharge to the conditions under which the authorization was granted and not attended by the holder within the period granted, the Basin Agency may agree to revoke the authorization in accordance with the Article 263.2.a) by means of a reasoned decision. "

Forty. Article 295 is worded as follows:

" Article 295. Additional liquidations.

In the event of non-compliance with the conditions of the discharge authorisation, the Basin Agency shall issue a supplementary settlement, corresponding to the period of the non-compliance which is accredited in the procedure. sanctioning. The amount of the licence fee shall be calculated on the basis of the criteria laid down in Article 292, with the exception of the application of the coefficient of mayoration in the discharge of fish farms, from the waters of the mining and cooling water, in which the coefficient shown in the authorization shall be multiplied by 5. '

Forty-one. The additional provision: "Legal regime for dams, reservoirs and mining rafts", becomes the additional provision first.

Forty-two. The second additional provision is added with the following wording:

" Additional Disposition Second. Inventory of runoff water overflow points.

1. The holders of industrial discharges and urban discharges of more than 2,000 equivalent inhabitants, whose sanitation systems cause overflows in rain episodes, must present to the basin organizations a list of the points of overflow before 31 December 2014.

2. The basin organizations must have an inventory of the runoff water overflow points of the sanitation systems by December 31, 2015, which will form part of the inventory on the type and magnitude of the water. significant anthropogenic pressures to which the water bodies are exposed, as defined in Article 15 of the Hydrological Planning Regulation, approved by Royal Decree 907/2007 of 6 July 2007. This inventory shall be stored and kept up to date in a suitably georereferenced computer system. "

Forty-three. The third transitional provision is incorporated with the following wording:

" Transitional provision third. Incorporation in the systems of sanitation of measures for the control of overflow of runoff waters.

1. New applications for discharge authorisation, in the case of urban discharges from agglomerations of more than 2,000 equivalent inhabitants and discharges from industrial areas, submitted as of 31 December 2015, must include the technical documentation and measures, works and facilities, as well as the set of measures comprising technical studies of detail to reduce the overflow of runoff water from the systems of sanitation referred to in Articles 246.2.e ') and, where applicable, 246.3.c).

2. The holders of the existing discharge authorizations and those that are in the process of the entry into force of this royal decree, as well as those that are requested until December 31, 2015, will have to give to the points of overflow of systems for the quantification of relief, within 4 years of the entry into force of this royal decree, and shall submit the technical documentation referred to in Articles 246.2.e ') and, where appropriate, 246.3.c) no later than 31 December December 2019, provided they are included in any of the following groups:

(a) Vertids from urban agglomerations of more than 50,000 equivalent inhabitants.

(b) Vertids from industrial installations requiring an integrated environmental authorisation, in accordance with Article 9 of Law 16/2002 of 1 July on integrated pollution prevention and control, and areas where any of these facilities are located.

(c) Vertites from urban agglomerations of more than 2,000 equivalent inhabitants or industrial zones other than those located in a protected area declared bathing water included in the Register of Zones Protected from the Hydrographic Demarcation referred to in Article 24.2.d of Royal Decree 907/2007 of 6 July 2007.

For runoff water overflows of the sanitation systems not included in the above groups, the Basin Agency may require motivation, depending on the extent of the overflow and its condition. to the environmental objectives of the receiving medium, this same documentation.

3. The catchment bodies shall, on the basis of the request from the person concerned or on their own initiative, review the discharge authorisations in order to adapt them to the new requirements in relation to runoff water overflows. '

Forty-four. Annex IV is worded as follows:

" ANNEX IV

Calculation of the coefficient of mayoration or minorityof the discharge control fee

A) The calculation of the coefficient of mayorination or minorination is obtained, for each of the two types of discharge referred to in paragraph 1, Nature of the discharge, of the result of multiplying the factors corresponding to each class of paragraphs 2, 3 and 4 below.

Discharges from fish farms, from achique waters from mining and cooling water are industrial waste water.

For the calculation of the coefficient of minoration, the indications set out in paragraphs B, C and D of this Annex are followed.

1. Nature of the spill.

Residual urban or equivalent water (*).

Industrial waste water.

2. Characteristics of the spill.

Urban to 1,999 inhabitants-equivalents (**) = 1.

Urban between 2,000 and 9,999 inhabitants-equivalents (**) = 1.14.

Urban from 10,000 inhabitants-equivalents (**) = 1.28.

Industrial class 1 (***) = 1.

Industrial class 2 (***) = 1.09.

Industrial class 3 (***) = 1.18.

Class 1, 2, or 3 with hazardous substances (****) = 1.28.

3. Degree of contamination of the spill.

Urban with appropriate treatment (**) = 0.5.

Urban without proper treatment (**) = 2.5.

Industrial with appropriate treatment (**) = 0.5.

Industrial without proper treatment (**) = 2.5.

4. Environmental quality of the receiving medium (*****).

Spill in category I zone = 1.25.

Spill in category II zone = 1.12.

Spill in category III zone = 1.

Notes:

(*) It is understood by urban or equivalent waste water that it does not contain an industrial waste water volume greater than 30%.

(**) The definitions of habitant-equivalent, and of proper treatment, are those found in Royal Decree-Law 11/1995. As a result, and for the purposes of calculating the discharge control fee, the definition of treatment appropriate to industrial discharges is extended. The urban spill will be classified considering the total number of inhabitants of the population entity (core) to which it belongs. In the event that a spill receives the waste water from several population cores, it shall be classified by the total sum of its inhabitants.

(***) Classification of discharges according to industrial activity.

Class

4

4

11

11

Group

Class 1.

0

Services.

1

2

4

Conserva.

5

Garment.

6

Wood.

7

Miscellaneous Manubills.

7 Bis

Agriculture, hunting and fishing

7 Ter

Waste Management

2.

8

Mining.

9

Drinks and tobacco

12

Carnes and dairy

13

Textil.

14

Role.

Class 3.

15

Curtids.

16

Surface treatment.

17

Zootechnics.

Classification of discharges groups of activity classification by CNAE

0127

17

8

8

8

2

1

1811

2120

9

1

1

3

1

Centro_table_body "> 2670

1

1

7

1

2899

1

1

3091

1

0

7 Ter

1

4122

10

4311

1

1

1

Centro_table_body "> 5813

1

Centro_table_body "> 8732

0

CNAE

Title

Group

0111

Grain cultivation (except rice), legumes, and oilseeds

1

1

1

0112

Rice Crop

7 Bis

1

0113

Vegetables, roots, and tubers

7 Bis

1

0114

Cane sugar

7 Bis

1

0115

Cultive tobacco

7 Bis

1

0116

Cultive Textile fiber plants

7 Bis

1

0119

Other non-perennial crops

7 Bis

1

0121

vine culture

7 Bis

1

0122

Bis

1

1

1

1

0123

citrus cultivation

7 Bis

1

0124

Bone fruit and nuggets

7 Bis

1

0125

Crop of other trees and fruit shrubs and nuts

7 Bis

1

0126

7 Bis

7 Bis

7

1

7 Bis

7 Bis

1

0128

Spice, aromatic, medicinal and pharmaceutical plants

7 Bis

1

0129

Other perennial crops

7 Bis

1

0141

Exploitation of bovine cattle for milk production

17

0142

0143

3

Holding horses and other equines

17

3

0144

Exploitation of camels and other camelids

17

3

0145

Sheep and sheep exploitation caprino

17

3

0146

Exploitation of Pigs

17

3

0147

Atopic

17

3

0149

Other livestock holdings

17

3

0150

Production Combined with livestock production

17

3

0161

1

0162

0

1

Livestock support activities

0

1

0163

Post-to-the-prepare activities harvest

0

1

0164

Treatment seeds for playback

0

1

0321

marine Aquaculture

17

0322

sweet water aquaculture

17

3

0510

8

2

0520

Lignite extraction

8

2

0610

Oil crude extraction

8

2

0620

Natural Gas Extraction

8

2

0710

Removing iron ore

8

2

0721

Removing uranium ore and thorium

8

2

0729

Removing other non-ferrous metal ores

8

2

0811

0811 Table_table_izq"> Extraction of ornamental stone and for construction, limestone, plaster, creta, and slate

8

2

0812

Removing gravel and sands; extracting clay and kaolin

8

2

0891

2

2

0892

peat extraction

8

2

0893

Salt Extraction

8

2

0899

Other extractive industries n.e.c.

8

2

0910

Support activities for the Oil and natural gas extraction

0

1

0990

Support activities for other extractive industries

0

1

1011

Meat Processing and Conservation

12

2

1012

12

2

1013

Elaboration of meat and dump products

4

1

1021

1021

4

1

1022

1

1

Making fish preserves

4

1

1031

Potato Processing and Conservation

4

1

1032

Fruit and Vegetable Zumos

4

1

1039

Other Processing and Conservation of fruit and vegetables

4

1

1042

Manufacture of margarine and similar edible fats

12

2

1043

Olive Oil Manufacturing

3

1

1044

Manufacture of other oils and fats

3

1

1052

Ice cream making

12

2

1053

Manufacturing cheeses

12

2

1054

Preparing milk and other dairy

12

2

1061

3

3

1

1062

Manufacture of starches and amilacean products

3

1

1071

Manufacture of bread and fresh products from bakery and pastry

3

1

1072

Making long-running bakery and bakery products and cookies

3

1

1073

Manufacture of pasta, couscous, and similar products

3

1081

Sugar Manufacture

3

1

1082

Manufacture of cocoa, chocolate, and confectionery products

3

1

1083

Coffee, Tea and Infusions

3

1

1084

Making spices, sauces and condiments

3

1

1085

Elaboration of prepared dishes and meals

3

1

1086

Preparation of prepared homogenized food and dietary foods

3

1

1089

Elaboration of other food products n.e.c.

3

1

1091

Manufacture of products for power supply farm animals

3

1

1092

Manufacture of products for pet feed

3

1

1101

Distillation, rectification, and mixing of beverages alcoholic

11

2

1102

Elaboration

11

1103

1103

Elaboration of cider and other fermented beverages from fruits

11

2

1104

Elaboration of other non-distilled beverages, from fermentation

11

1105

1105

11

11

1106

Manufacturing

11

11

11

2

1107

1107 Table_table_izq"> Manufacture of non-alcoholic beverages; production of mineral waters and other bottled waters

3

1

1200

Tobacco industry

11

2

1310

Preparing and Textile fiber yarn

13

2

1320

Manufacture of textile fabrics

13

2

1330

Textile Finishing

13

1391

1391

13

13

2

1392

Making items made from textiles, except garments

13

2

1393

Manufacture of carpets and carpets

13

2

1394

Making ropes, twine, bramers, and networks

13

2

1395

1395

Table_table_izq"> Manufacture of non-woven fabrics and articles made with them, except garments

13

2

1396

Manufacture of other technical and industrial use textile products

13

2

1399

1399

Table_table_izq"> Manufacture of other textile products n.e.c.

13

2

1411

5

1

1412

Clothing clothing

5

1

1413

Garment of other garments exteriors

5

1

1414

Garment underwear

5

1

1419

Garment of other apparel and accessories

5

1

1420

Manufacture of fur items

5

1

1431

1

1439

5

Garment of other knitted garments

5

1

1511

Preparing, tanning, and finishing leather; preparing and having skins

15

3

1512

Manufacturing Leather goods, travel and guarnionery and talabarteria articles

15

3

1520

Manufacture of footwear

5

1

1610

Aserrated and brushed wood

6

1

1621

Manufacture of sheets and boards wood

6

1

1622

Manufacture of assembled wood floors

6

1

1623

Manufacture of other wood structures and carpentry pieces and ebanisteria for the construction

6

1

1624

Manufacture of packaging and packaging of wood

6

1

1629

Manufacture of other wood products; cork, cesteria, and saintware

1

1

1711

Trash Manufacture

14

2

1712

Making paper and cardboard

14

2

1721

Manufacture of paper and corrugated cardboard; manufacturing of paper and cardboard packaging and packaging

14

2

1722

Manufacture of paper and cardboard items for household, sanitary and hygienic use

14

2

1723

1723

2

1724

Manufacture of painted papers

14

2

1729

Manufacture of other paper and cardboard items

14

2

Graphic arts and services related to the same

7

1

1812

Other activities printing and graphic arts

7

1

1813

Preprint and Media Preparation Services

7

1

1814

Encuaderation and related services same

7

1

1820

Reproduction of recorded media

7

1

1910

Coqueries

8

2

1920

Oil Refine

8

2

2011

Manufacture of industrial gases

9

2

2012

Manufacture of colorants and pigments

9

2

2013

Manufacturing other basic inorganic chemistry products

9

2

2014

Manufacturing other basic organic chemistry products

9

2015

Manufacture of fertilizers and nitrogenous compounds

9

2

2016

Manufacturing of plastics in primary forms

9

2017

2017

Table_table_izq"> Synthetic rubber in primary forms

9

2

2020

Manufacture of pesticides and other agrochemicals

9

2

2030

Manufacture of paints, varnishes and similar coatings; printing inks and masillas

9

2

2041

Manufacture of soaps, detergents, and other cleaning and brightening items

9

2

2042

Manufacturing of perfumes and cosmetics

9

2

2051

2

2052

9

Making queues

9

2

2053

Manufacture of essential oils

9

2

2059

Manufacturing other chemicals n.e.c.

9

2060

Manufacture of man-made and synthetic fibers

9

2

2110

Manufacturing base pharmaceuticals

9

2

2

2211

Manufacture of tires and rubber cameras; tire reconstruction and retreading

9

2

2219

9

2221

9

Making plastic plates, sheets, tubes, and profiles

9

2

2222

Manufacture of packaging and packaging plastic

9

2

2223

Manufacturing plastic products for construction

9

2

2229

Manufacture of other plastic products

9

2

2311

Flat glass manufacturing

9

2

2312

Manipulated and Flat Glass Transformation

9

2

2313

hollow glass manufacturing

9

2

2314

Making fiberglass

9

2

2319

Manufacturing and manipulating of other glass, including technical glass

9

2

2320

2

2331

Ceramic tile and tile manufacturing

9

2

2332

Manufacturing of bricks, tiles, and products co-built land for construction

9

2

2341

Manufacture of home and ornamental ceramic items

9

2

2342

Manufacture of ceramic sanitary appliances

9

2

2343

Manufacture of insulators and insulating pieces of ceramic material

9

2

2344

Manufacture of other technical use ceramic products

9

2

2349

Manufacture of other ceramic products

9

2

2351

cement manufacturing

9

2

2352

Manufacture of lime and gypsum

9

2

2361

Making elements of concrete for construction

9

2

2362

9

2

9

Centro_table_body "> 2363

Fresh Concrete Manufacturing

9

2

2364

Mortar Manufacturing

9

2

2365

Fibercement Manufacturing

9

2

2369

Manufacture of other concrete, gypsum and cement products

9

2

2370

Cut, carved, and finished stone

9

2

2391

9

2

2399

Manufacture of other non-metallic mineral products n.e.c.

9

2

2410

Manufacture of basic products iron, steel, and ferroalloys

2

1

2420

Manufacture of pipes, pipes, hollow profiles, and their accessories, of steel

7

1

2431

Cold Stout

1

2432

Cold Lamination

1

2433

Cold profile production by conformation with folding

2

1

2434

Cold Trefside

2

1

2441

Precious metal production

2

1

2442

1

2443

1

2444

2

2

1

Copper production

2

1

2445

Production of other non-ferrous metals

2

1

2446

Nuclear Fuel Processing

8

2

2451

Iron Foundry

2

1

2452

Steel Foundry

2

1

2453

Lightweight Metal Foundry

2

1

2454

Casting other non-ferrous metals

2

1

2511

Making structures metal and its components

7

1

2512

Metal carpentry manufacturing

7

1

2521

Manufacturing radiators and boilers for central heating

1

1

2529

Manufacture of other cisterns, large deposits, and metal containers

7

1

2530

Manufacture of steam generators, except central heating boilers

1

1

2540

Manufacture of weapons and ammunition

7

1

2550

Forging, stamping and drawing metals; powder metallurgy

2

1

2561

16

Mechanical engineering for third-party account

2

1

2571

Manufacture of cutlery items and cutlery

7

1

2572

Manufacturing of locks and fittings

7

1

2573

7

1

2591

Manufacture of iron or steel drums and tonels

7

1

2592

Manufacture of metal packaging and packaging light

7

1

2593

Manufacture of wire products, chains, and springs

7

1

2594

Manufacture of bolts and tornery products

7

1

2599

Manufacture of other metal products n.e.c.

7

1

2611

Manufacture of electronic components

7

1

2612

Manufacture of printed circuits assembled

7

1

2620

Manufacturing Peripheral computers and computers

7

1

2630

7

Telecom Equipment Manufacturing

7

1

2640

Manufacturing consumer electronics

7

1

2651

Manufacture of measuring instruments and appliances, verification and navigation

7

1

2652

Watch Manufacture

7

1

2660

Manufacturing of radiation, electromedical, and electrotherapeutic equipment

1

1

Manufacture of optical instruments and photographic equipment

7

1

2680

Manufacturing of magnetic and optical media

9

2

2711

Manufacture of electric motors, generators, and transformers

7

1

2712

Manufacture of electrical distribution and control appliances

7

1

2720

2720

1

2731

Manufacture of fiber optic cables

7

1

2732

Manufacture of other electronic wires and cables and electrical

7

1

2733

Manufacturing of cabling devices

7

1

2740

Manufacture of lamps and lighting electrical appliances

7

1

2751

Manufacture of appliances

7

1

2752

Making household appliances not electrical

7

1

2790

Manufacture of other electrical equipment and equipment

1

1

2811

Manufacture of engines and turbines, except for for aircraft, motor vehicles and mopeds

7

1

2812

Manufacture of hydraulic and pneumatic transmission equipment

7

1

2813

Manufacture of other pumps and compressors

7

1

2814

Manufacture of another grid and valves

7

1

2815

Manufacture of bearings, gears, and mechanical transmission organs

7

1

2821

2821

7

1

2822

1

Making lifting and handling machinery

7

1

2823

Manufacture of office machines and equipment, except computer equipment

7

1

2824

Manufacture of manual power tools

7

1

2825

Manufacture of non-domestic cooling and ventilation machinery

7

1

2829

Manufacturing other use machines general n.e.c.

7

1

2830

7

7

1

2841

Manufacture of machine tools for working metal

7

1

2849

Manufacture of other tool machines

7

1

2891

Manufacture of machinery for the metallurgical industry

7

1

2892

Manufacture of machinery for the extractive and construction industries

7

1

2893

Manufacture of machinery for the power, beverage and tobacco industry

7

1

2894

Manufacture of machinery for the textile, clothing, and leather industries

7

1

2895

Manufacture of machinery for the paper and cardboard industry

7

1

2896

Manufacture of machinery for the plastics and rubber industry

1

1

Manufacture of other machinery for specific uses n.e.c.

7

1

2910

Motor Vehicle Manufacturing

7

1

2920

Manufacture of coachwork for motor vehicles; manufacture of trailers and semi-trailers

7

1

2931

Manufacture of electrical and electronic equipment for motor vehicles

7

1

2932

Manufacture of other components, parts and accessories for motor vehicles

7

1

3011

Building ships and floating structures

7

1

3012

1

3020

Manufacture of locomotives and rail material

7

1

3030

Aeronautical and Space Construction and your machinery

7

1

3040

7

1

Manufacture of motorcycles

7

1

3092

Manufacture of bicycles and vehicles for people with disabilities

7

1

3099

Manufacture of other transport material N.e.c.

7

1

3101

Manufacturing office and business premises furniture

7

1

3102

Manufacture of kitchen furniture

7

1

3103

Manufacture of mattresses

7

1

3109

Manufacture of other furniture

7

1

3211

Making currencies

7

1

3212

Manufacture of jewelry and items items similar

7

1

3213

Manufacturing Jewellery and similar items

7

1

3220

Making musical instruments

7

1

3230

Manufacture of sports items

1

1

3240

Manufacture of games and toys

7

1

3250

Making medical and dental instruments and supplies

7

1

3291

Manufacture of brooms, brushes, and brushes

7

1

3299

Other manufacturing industries n.e.c.

7

1

3311

Metal Products Repair

0

1

3312

Machine Repair

0

1

3313

Electronic Equipment Repair and optical

0

1

3314

Electrical Equipment Repair

0

1

3315

Naval repair and maintenance

0

1

3316

1

1

1

3317

Repair and maintenance of other transport material

0

1

3319

Other Repair teams

0

1

3320

Installing industrial machines and equipment

0

1

3512

1

1

1

3513

Power Distribution

1

1

3514

Power trade

1

1

3515

hydroelectric power production

1

1

3516

Conventional thermal source electrical power production

1

1

3517

1

1

3518

Wind Source Electrical Power Production

1

1

3519

Production of electrical power other types

1

1

3521

Production gas

1

1

3522

Distribution By gaseous fuel pipe

1

1

3523

1

1

1

3530

Steam supply and air conditioning

1

1

3600

Captation, debugging, and water distribution

1

1

3700

Collection and treatment of wastewater

1

1

3811

7 Ter

1

3812

Hazardous Waste Collection

7 Ter

1

3821

Treatment and removal of non-hazardous waste

7 Ter

1

3822

Processing and removing hazardous waste

7 Ter

1

3831

7 Ter

7 Ter

7 Ter

1

3832

Valorization of already classified materials

7 Ter

1

3900

Decontamination activities and other management services wastes

7 Ter

1

4121

Construction of residential buildings

10

2

Non-residential building construction

10

1

4122

4211

Construction of roads and motorways

10

2

4212

Construction of surface railroads and underground

10

2

4213

4221

10

10

Building fluid networks

0

1

4222

Power and Telecom Network Construction

0

1

4291

Hydraulic Works

0

4299

Construction of other civil engineering projects n.e.c.

0

1

0

0

0

0

1

4312

1

4313

1

4520

Maintenance and repair of motor vehicles

0

1

4540

Sale, Maintenance, and Repair motorcycles and their spare parts and accessories

0

1

4671

Wholesale trade of solid, liquid and gaseous fuels, and similar products

0

1

4730

Fuel retail trade for automotive in specialized establishments

0

1

5210

Repository and storage

0

1

5510

Similar hotels and enclosures

0

1

5520

Tourist accommodations and other enclosures short stay

0

1

5530

Campings and car parks for caravans

0

1

5590

Other enclosures

0

1

5610

Restaurants and Meals

0

1

5621

1

5629

0

1

1

Other meal services

0

1

5630

Beverage Establishments

0

1

5811

Editing books

7

1

5812

1

Editing of newspapers

7

1

5814

Journal edition

7

5819

Other publishing activities

7

1

5821

Video game editing

7

1

5829

Editing other computer programs

7

1

7120

Technical testing and analysis

0

1

7211

Research and experimental biotechnology development

0

1

7219

Other experimental natural and technical science research and development

0

1

7220

Research and experimental development in social sciences and humanities

0

1

7420

2

8610

9

9

Hospital Activities

0

1

8621

General medicine activities

0

1

8622

Specialized medicine activities

0

8623

odontological activities

0

1

8690

Other health activities

0

1

8710

Assist in residential care facilities

0

1

8720

Assistance in residential establishments for people with intellectual disabilities, mental illness and drug dependency

0

1

8731

8731

1

1

Assistance in residential establishments for people with physical disabilities

0

1

8790

8790

Table_table_izq"> Other Residential Facilities Assistance Activities

0

1

9511

Repair of computers and peripheral equipment

0

1

9512

Repair communication equipment

0

1

9521

0

1

1

9522

Repair of home appliances and household appliances and the garden

0

1

9523

Repair footwear and leather goods

0

1

9524

Repair of furniture and menage items

0

1

9525

Watch and Jewelry Repair

0

1

9529

Repair other personal effects and household items

0

9601

0

0

1

1

9602

Barber and other beauty treatments

0

1

9603

1

9604

0

Physical maintenance activities

0

1

9609

Other personal services n.e.c.

0

Waters of urban origin not equivalent to urban waters, to contain more than 30% of the volume of industrial water, shall be classified in two sections:

• Vertids with a percentage of industrial waters between 30% and 70% of the total: the discharge set will be classified as industrial of class 1.

• Vertids with a percentage of industrial waters greater than 70% of the total: the whole of the landfill will be considered industrial and will be classified according to the industrial classes of the activities in question, applying the criteria the following: in the case of industrial estates or other discharges which meet the effluents from different industrial activities, the largest of the coefficients corresponding to each of the discharges shall be applied to the landfill as a whole. activities if they were individually vertially. However, if the application for discharge clearance breaks down the volumes of the various industrial classes, the corresponding coefficient to be applied shall be weighted.

(****) For inclusion in this class it will be sufficient for the presence of one of the hazardous substances to be found in the discharge above the limit of analytical quantification. For the sole purpose of the application of this factor, dangerous substances are listed in Annexes I and II to Royal Decree 60/2011 of 21 January on environmental quality standards in the field of water policy.

The selected substances are classified as priority substances and other pollutants and preferred substances as follows:

• Priority substances and other pollutants: are the substances listed in Annex I, Part A of Royal Decree 60/2011 of 21 January.

• Preferred substances: are the substances listed in Annex II, Part A of Royal Decree 60/2011 of 21 January.

(*****) Included in category I areas: those intended for the production of drinking water, bathing areas, areas suitable for the life of salmonids, declared areas of special protection, and Protective perimeters referred to in Article 56 (3) of the recast of the Water Act. Likewise, all discharges into the groundwater. Also included in this category are the declared sensitive areas in application of Royal Decree-Law 11/1995 and its catchment areas in the latter case, the coefficient corresponding to this category shall apply only:

a. For urban waste water discharges, to urban agglomerations of more than 10,000 equivalent inhabitants.

b. As regards discharges of industrial waste water, to those whose discharge authorisation provides for specific conditions for the treatment, reduction or limitation of nitrogen or phosphorus.

Included in Category II areas: areas eligible for the life of cyprinids and for mollusc farming, as well as any other areas for which the river basin management plans have determined public use recreational.

Those not included in the above categories are included in Category III zones.

The above definitions refer to the concepts regulated in Royal Decree 927/1988 of July 29, and in its application will take into account the objectives that, for each time horizon, the river basin management plans have been set for each receiving media.

In cases where two or more uses in the same receiving medium in which the spill is made are used, the highest factor shall be applied. The application of the factors extends to the areas of influence which contain the hydrological plans provided that they are effectively demarcated.

B) Vertid of fish farms: if the values of the parameters characteristic of the pollution of the spill are lower than those set as the objective of the quality of the half-receiver, the coefficient will be 0.006. If this condition is not met, the coefficient will be multiplied by 3.

C) Water of achique from mining activities: if the values of the parameters characteristic of the pollution of the landfill are lower than those set as the objective of the quality of the half-receiver, the coefficient will be 0.006. If this condition is not met, the coefficient will be multiplied by 3.

D) Cooling water: the coefficients of the attached table shall be applied, provided that the discharge does not cause the non-compliance of the quality objective set for the temperature in the receiving medium and, in addition, the value of all other parameters or substances in the discharge in respect of the catchment water.

If the river has no quality objectives set, the average temperature increase of a river section after the dispersion zone shall not exceed 3 ° C.

In lakes or reservoirs, the temperature of the spill shall not exceed 30 ° C.

Volume Hm³

Minoration Coefficient (1)

than 100

0.02000

100 to 250

0.01166

250 to 1,000

0.00566

1,000

0.00125

If any of the above conditions are not met, the coefficients will be multiplied by 3.

The amount of the fee shall be determined by the addition of the partial amounts resulting from the application of successive instalments of the scale.

(1) In the case of thermal power plants, whether conventional or nuclear, using water as refrigeration, the coefficients of the table correspond to a rate of 6,000 hours per year in the case of power plants. Conventional thermal power stations, and 8,000 hours per year in the case of nuclear power stations. These coefficients shall be multiplied by the ratio of the number of operating hours actually held in the year and the corresponding operating hours. '

Article 2. Amendment of Royal Decree 509/1996 of 15 March of the development of Royal Decree-Law 11/1995 of 28 December laying down the rules applicable to the treatment of urban waste water.

Article 2 of Royal Decree 509/1996, of 15 March, of the development of Royal Decree-Law 11/1995 of 28 December 1995 laying down the rules for the treatment of urban waste water, is hereby amended as follows: follows:

" Article 2. Technical conditions of the collecting systems.

The project, construction and maintenance of the collecting systems referred to in Article 4 of Royal Decree-Law 11/1995 of 28 December, must be carried out with the volume and characteristics of the urban waste water, using the best available technical knowledge that does not result in disproportionate costs, in order to limit the pollution provided to the receiving medium by overflow of runoff water and to achieve a adequate tightness of the collecting systems, being understood as the limitation of leaks.

The basin agencies and the other competent authorities, in granting discharge authorizations, will decide on measures to limit the contamination by overflow of runoff water, in such circumstances. as unusual torrential rains, taking into account the Technical Standards referred to in Article 259.ter.3 of the Regulation of the Public Hydraulic Domain, which develops the preliminary titles, I, IV, V, VI and VII of the recast text of the Water Law, approved by Royal Decree 1/2001 of 20 July, approved by the Royal Decree 849/1986, of April 11. "

Single repeal provision. Removal of certain functions of the Water Councils from the demarcation in the area of revocation of the discharge of waste water to the hydraulic public domain.

Repealed:

" (a) Article 2 (3) (d) of Royal Decree 1364/2011 of 7 October 2011 establishing the composition, structure and functioning of the Water Council for the demarcation of the Spanish part of the Hydrographic demarcation of the Duero.

(b) Article 2 (3) (d) of Royal Decree 1365/2011 of 7 October 2011 establishing the composition, structure and functioning of the Water Council for the demarcation of the Spanish part of the Mino-Sil Hydrographic Demarcation.

(c) Article 2 (3) (d) of Royal Decree 1366/2011 of 7 October 2011 establishing the composition, structure and functioning of the Water Council for the demarcation of the Spanish part of the The Ebro's Hydrographic Demarcation.

(d) Article 2 (3) (d) of Royal Decree 1389/2011 of 14 October 2011 establishing the composition, structure and functioning of the Water Council for the demarcation of the Spanish part of the River basin district of the Guadiana and by which the Royal Decree 650/1987, of 8 May, is amended, defining the territorial areas of the basin organizations and the hydrological plans.

(e) Article 2 (3) (d) of Royal Decree 1598/2011 of 4 November establishing the composition, structure and functioning of the Water Council for the River Basin Demarcation of the Guadalquivir and amending Royal Decree 650/1987 of 8 May laying down the territorial areas of the catchment areas and the hydrological plans.

(f) Article 2 (3) (d) of Royal Decree 1626/2011 of 14 November establishing the composition, structure and functioning of the Water Council for the Water Demarcation of the Cantabrian Western and amending Royal Decree 126/2007 of 2 February 2007 governing the composition, operation and powers of the committees of competent authorities of the Hydrographic Demarcades with basins intercommunity.

(g) Paragraph 3 (d) of Article 2 of Royal Decree 1627/2011 of 14 November establishing the composition, structure and functioning of the Water Council in the area of State competence of the Party Spanish of the Eastern Cantabrian Hydrographic Demarcation.

(h) Article 2 (3) (d) of Royal Decree 1704/2011 of 18 November 2011 establishing the composition, structure and functioning of the Water Council for the demarcation of the Spanish part of the The River Basin's Hydrographic Demarcation.

(i) Article 2 (3) (d) of Royal Decree 1705/2011 of 18 November 2011 establishing the composition, structure and functioning of the Water Council of the Segura Hydrographic Demarcation. "

Final disposition first. Competence title.

1. Article 1 (6) to (10), 14 (15) and (18) to (20), and 24 are given in accordance with Article 149.1.18. of the Constitution, which gives the State exclusive competence in the field of basic legislation on administrative concessions.

2. Article 1 (11), (16), 21 (1) and (3), 25 to 30, 30 and 9 and 40 are given in accordance with Article 149.1.22. of the Constitution, which gives the State exclusive competence in the field of legislation, management and provision of water resources and use when water flows through more than one autonomous community.

3. It has the character of basic legislation on environmental protection, without prejudice to the powers of the autonomous communities to establish additional standards of protection, in accordance with the provisions of 149.1.23. other provisions of the first article.

Final disposition second. Entry into force.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on September 7, 2012.

JOHN CARLOS R.

The Minister of Agriculture, Food and the Environment,

MIGUEL ARIAS CANETE