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Law (2006:412) About General Water Services

Original Language Title: Lag (2006:412) om allmänna vattentjänster

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Introductory provisions



Article 1 the provisions of this law aims to ensure that

water supply and sewerage are arranged in a larger context, if

necessary with regard to the protection of human health or the

environment.



2 for the purposes of this Act, section



water supply: supply of water

suitable for normal household use,



sewage: disposal of stormwater and dränvatten from a

area with collective settlements or from a cemetery,

disposal of waste water or disposal of water

has been used for cooling,



water services: water supply and sewage (va),



VA-facility "means a facility which has the objective to

meet the needs of water services for residential or other

buildings,



General va-construction: a sanitary facility over which a municipality

have a legal non-controlling interest and which has been arranged

and used to meet the municipality's obligations under

This law,



individual installation: a va facility or other device

for water supply or sewage which is not, or is included in the

a public water system,



area of operations: the geographical area in which a

or more of water services have been arranged or will be arranged by

a public water system,



principal: the owner of a public water system,



building owner: the owner of a property within a general va-

fixed field of activity or possession of such fixed

property leasehold, permanent tenure,

fee tail law or because of a testamentary

the appointment,



Plumbing: pipes and associated equipment

that is not part of a general wastewater plant but which has been arranged

for one or more buildings ' water supply or

drain and associated or intended to be attached to a

General va facility,



connection point: the line between a public water system and

a va-installation,



places of public land "means land in the zoning plan according to plan-and

Building Act (2010:900) is recognized as a public place or, if

the ground not covered by the plan, road or land

functional and otherwise corresponds to such land,



fixed fee: one-time fee to cover the cost

to arrange a public sanitary facility, and



management fee: periodic fee to cover operational and

maintenance costs, capital costs for investments or

other costs of a public sewage plant not covered by

a fixed fee. Law (2010:917).



section 3, for the purposes of this Act, a municipality is deemed to have a

legal control of a va facility if

the municipality alone or together with one or more other

municipalities



1. completely owns the facility,



2. by ownership has at its disposal more than half of all votes

in it, or the legal person which completely owns the plant

or otherwise disposes of a corresponding majority of

decision-making power in the legal person wholly owns

the plant,



3. has the right to appoint or remove more than half of

the members of the Board of the legal person

completely owns the facility, or



4. contains all the unlimited General men in a

trading company wholly owns the plant.



4 § if necessary, for the purposes of this Act,

be it that of the Act applies in respect of a property also

apply in respect of a building or other facility that does not

belongs to the property owners. In that case, as in the law

about the property owner applied on the building or

the owner of the establishment.



§ 5 If anyone other than a property owner has entered into an agreement with

the principal for principal's va facility, shall

What is in this Act applies to a property owner also apply

the user.



The municipality's duty to arrange water services



section 6 Of the protection of human health or the

the environment needs to be arranged in a water supply or sewage

larger context for a specific existing or prospective

settlement, municipality of



1. determine the area of activity in which the water service

or water services need to be arranged, and



2. ensure that the need, as soon as, and as long as the need exists

left, met in the area of activity by a general va-

facility.



A general wastewater plant and business area



paragraph 7 of the decision on a public wastewater plant and business area

shall indicate the real estate activity

covers.



section 8 if the activity needs to include one or more

properties that are part of a community of wastewater issues,

activity be determined so as to include all

properties that are included in the particular area.



If there are serious reasons, the activity shall be determined

by way of derogation from the requirement referred to in the first subparagraph.



section 9 If it is within the area of a building or

buildings that clearly does not need to be covered by the

larger context referred to in paragraph 6, the activity

be limited so that it does not apply to the property or

the buildings. Such a restriction of the area of operation,

only be made if the property's or settlements needs of

water supply and drain preferably can be arranged through

individual plants can be accepted with regard to the protection

to human health and the environment.



The organisation and operation of a public water and wastewater facility



section 10 a general wastewater facility shall be organised and operated so as to

meet the requirements with regard to the protection of

human health and the environment and to take account of the interest of a

good management of natural resources.



When it is consistent with the facility's main purpose,

It should be organized and operated so that other public interests

in need of the plant can be met.



11 § General va facility must not be arranged



1. in violation of the zoning plan, area regulations or other

provisions on how land will be developed, or



2. so that it impedes the efficient buildings or

appropriate planning.



If the purpose of the plan or the provisions not countered, may

However, minor deviations made.



section 12 If a general wastewater facility means that water services

provided by collecting systems for water supply or

drain, the principal shall for each property within the va

the resort's area of activity to determine a connection point.

Connection point shall be located in the immediate

vicinity, unless there are special reasons for a different

placement.



The principal shall consult and inform

the property owner if the connection point within the time

is reasonable with respect to the property owner's interest

be able to plan for their use of the property.



section 13 of the principal shall be for the public sanitary facility organize



1. pipes and other water supply facilities to

or drains from each connection point,



2. arrangements for the disposal of water which is not done by a

access point, and



3. the devices that otherwise needed to va facility

to be able to achieve its purpose and satisfy reasonable claims

on security.



The principal's obligation under the first subparagraph shall not include

vägdiken, gully, rännstensbrunnar or wires that

connects the rännstensbrunnar with the public sanitary facility.



section 14 of the principal must ensure that the affected property owners in

a reasonable time be informed of the scheduled water shutdowns and

other significant changes to the prerequisites for using

VA facility.



section 15 of the principal receives grant for someone else to operate

by va facility.



Property owner's right to use a public sanitary facility



16 § a property owner has the right to use a general va-

facility, if the property



1. are within the va's area of operation, and



2. need a water service and the need cannot be met

better in other ways.



section 17 Despite section 16, the operator must wait to perform the

construction or expansion works necessary for the

the property owner will be able to use the va facility, if

the works



1. need to be coordinated with other work and the coordination or else

would significantly be impeded, and



2. are performed in the order resulting from the principal's

expansion plan.



section 18 Notwithstanding section 16, the operator is not obliged to allow a

property is connected or linked to the va facility



1. before the property owner has paid the fixed fee

appointed under section 34 or provided an acceptable security,

or



2. If the property's plumbing has significant shortcomings.



Special devices for the use of a General

VA-plant



section 19 of the principal shall arrange the pumps and other special

devices due to the General sanitary facility

construction or performance required on a property to

the property owner will be able to use the va facility.



If the water consumption on a property needs to be set

by measuring, the principal shall arrange the

water meters required for measurement.



20 § a property owner is required to grant necessary

space for such a device referred to in section 19.



The property owner shall see to the appliance and

protect it against damage and, if necessary, respond to its

electricity supply.



The property owner shall promptly notify defects that have arisen, and

disturbances to the principal.



The use of a general wastewater plant



section 21 of a property owner may not use a general va-

plant in a way that constitutes



1. that the drain is introduced into liquids, substances or objects that can


to impair the grid or the facility's function

or otherwise results in injury or inconvenience,



2. a principal may find it difficult to meet the requirements for

VA-the construction and operation of, or to otherwise comply with

their obligations under the law, regulation, or contract,

or



3. other problems for the principal or someone else.



section 22 If a real estate va-conditions significantly deviates from the

conditions that otherwise prevails in a general va-fixed

the principal area of activity, may negotiate contracts with

the property owner on special conditions for the use of va-

plant.



section 23 of the Government or, after the Government's authorization, the municipality

may announce further provisions concerning the use of

public sanitary facilities.



Obligation to pay fees for public water services



section 24, a property owner must pay contributions for a general va-

facility, if the property



1. are within the va's area of operation, and



2. with regard to the protection of human health or the environment

need a water service and the need cannot be met better

in any other way.



In the assessment of the need referred to in the first subparagraph 2, particular

taking into account the extent to which the conjunction options

cater to the interest of a good management of natural resources.



If the property is undeveloped but according to a detailed plan is intended

for buildings, the assessment of the need referred to in the first

paragraph 2 shall be made as if the property were built in accordance with

the plan. However, this does not apply if there are special reasons for

another assessment.



section 25 of the fee under section 24 shall be



1. water services provided to property by a

connection point, from the principal have arranged

connection point and informed the property owner under section 12,

and



2. the disposal of water from the property that is not made by

a connection point, from the principal have arranged the

equipment needed for the diversion and informed

the property owner about this.



section 26 in addition to what follows from paragraphs 24 and 25, a

property owners pay a fee for a general wastewater plant,

about the property



1. are within the va's area of operation,



2. is built-up or under a detailed plan is intended for

buildings, and



3. need, or benefit from, the disposal of water from

places of public land.



The fee shall relate to the disposal of water from places of public land

within the va's sphere of activity, from the

the principal has arranged the devices necessary

the diversion and informed the property owner about this.



section 27 of the person responsible for a public place mark set in order

and maintenance shall pay a fee for a general va-

facility, if



1. the general location ground exists within va facility

area of activity, and



2. the disposal of water from the General site ground is needed

with regard to the protection of human health or the environment.



The fee shall relate to the disposal of water from the General

place the ground, from the principal have arranged the devices

needed the diversion and informed it that is

fee required on this.



section 28 of the fees under paragraphs 24-27 relating to the disposal of water

shall also cover the costs for the purification of water

necessary with regard to the protection of human health and the environment.



The fees and how they are calculated



section 29 of the fees under paragraphs 24-28 may be determined as

fixed fees and management fees.



section 30 of the fees may not exceed what is necessary to

cover the costs necessary to organize and operate

VA facility.



Funds may be allocated to a Fund for future investments,

If



1. There is an established investment plan,



2. the provision relating to a particular measure,



3. operation and the estimated costs of the recognised in

the plan,



4. it is clear from the plan when they allocated the funds are intended to

be used, and



5. the plan contains the information otherwise required

to assess the need for the amount of the provision.



Fees pursuant to §§ 26 and 27 shall not exceed what is needed

to cover the costs of the water service.



section 31 fees shall be determined so that the costs are distributed on

the fee required in accordance with what is reasonable and fair.



If water services for some or certain real estate on

because of particular circumstances entails costs in

considerable extent differs from other real estate in

the business area charges shall be determined taking into account the

the differences.



Fees pursuant to §§ 26 and 27 shall be divided between the

property owner referred to in section 26, and the fee required that

referred to in section 27 as is reasonable having regard to the

public place soil scope and real estate owners

the benefits of water service.



32 § Fixed charges shall be determined on the basis

that means that a property owner is not required to pay more than

what corresponds to the share of the cost for organizing

VA facility.



33 § Management fees shall be determined on the basis

that is the same regardless of when in the year the va facility is used. If the

with regard to water supply, the need for a

adequate sewage treatment or for other reasons is needed

specific measures of seasonal character for a certain

smaller part of the year, may be the headquarters of the fees for such a time

be determined on the basis that means higher fees than

During most of the year.



34 § amount of fees and the way in which they are to be calculated should be

evidenced by a taxi. The fees must not be higher

amount than is consistent with the provisions of §§ 30-33.



The municipality may provide for tariff. The municipality may

leave it to the principal to determine the amount of the fees referred to in

calculation methods in the municipality's tariff regulations.



Payment of fees



35 § Fees under this Act shall, in accordance with the municipality's

determination must be paid to the municipality or the principal.



Subject to section 36, the fees are paid at

request. On unpaid amounts shall bear interest in accordance with section 6 of the interest Act

(1975:635) is payable from the date of such request.



36 § A fixed fee shall be divided into yearly payments

(some money) over a period of time, at the age of ten, if



1. the fee burden with respect to the

economic viability and other circumstances,



2. the property owner requests that the fee should be allocated, and



3. the property owner sets the acceptable security.



Interest in accordance with paragraph 5 of the interest Act (1975:635) is payable on the portion

of the fee has not been paid, from the day the first

instalment payment is due until the payment is made.

The amount that is due and payable shall bear interest at the

rather than be paid in accordance with paragraph 6 of the interest Act from some amount

due date until payment is made.



37 § When a property changes hands, the new owner

the person liable for payment of the fees due for payment on

closing date or later, unless otherwise provided by other

paragraph.



The previous owner is liable for management fees

that is attributable to the period before the new owner's access.



Agreements on fees



38 § principal may agree with the property owners and

other fee fee required in matters not regulated in

the municipality's tariff regulations.



The redemption of individual installations, etc.



39 section if for a property within a general va-fixed

field of activity is a single facility that can be used

in the General the va facility, is the owner of the individual

the facility obliged, if the operator requests it, against reasonable

reimbursement grant individuals the facility included in the General

VA facility.



40 section On a single plant becomes useless due to

the municipality organizes or expand a public sanitary facility, shall

principal pay equitable remuneration to the individual

the owner of the establishment.



Access for survey, installation and maintenance



section 41 the principal has the right to access on a property

needed to



1. investigate a va-installation and its use prior to va-

the installation is connected to the public sewage system or

When it is otherwise necessary for the principal to fulfil

their obligations, and



2. install, maintain, and otherwise comply with their

obligations in respect of such special facilities referred to

in section 19.



Professional secrecy



42 § anyone who participates or has participated in an investigation or

other measures referred to in paragraph 41 shall not improperly disclose or

utilizing information in the investigation come up on

an individual's business or operating conditions.



In the public activities should apply instead of the provisions of

public access to information and secrecy (2009:400). Law (2009:515).



Shutting off the water supply



43 § principal may turn off the water supply to a

property, if



1. the landlord has failed to fulfil its obligation to pay a

fee or otherwise neglected their obligations under this

law,



2. the default is substantial,



3. the suspension does not cause harm to human health,



4. the principal in writing has encouraged property owners to

take corrective action and given the property owner a reasonable time to take

correction, and



5. the property owner despite the invitation referred to in 4 shall not have

taken within the reasonable time correction.



The cost of a shut-down measure may be imposed

the property owner.




Liability, etc.



section 44 If a general va-fixed field of action being restricted

by virtue of section 9, the principal shall pay the property owner

or the owner of the buildings for damage limitation

causes. When remuneration is determined, account shall be taken of the measures

that the operator has taken to meet the property's or

settlements continued need of water supply and sewage.



45 § principal must replace a flood damage to a

property within the general scope, va facility

If



1. the principal has failed to fulfil an obligation under this Act

or in accordance with regulations issued under the law

and



2. the breach has resulted in water that is intended to

be provided or piped away through the principal's va-

facility nor-or otherwise penetrated at

the property.



§ 46 If a property owner caused a damage due to

the principal otherwise than as provided for in section 45 has exceeded

his right or breach of an obligation under this Act or

According to regulations issued under the Act, shall

principal restore that which has been disturbed or perform as

neglected and compensate for the damage.



section 47 Of the principal caused an injury due to a

property owners have exceeded their right or breach of a

obligation under this Act or under the regulations

issued pursuant to the Act, the landlord shall restore

that which has been disturbed or perform as neglected and replace

the damage.



48 § Damages under this Act shall refer to personal injury,

property damage and clean property damage.



49 section If a property owner has paid a fixed fee and

It then turns out that the property due to planning permission

refused cannot be used in the manner that was presupposed when

the fee was paid, the municipality shall refund the fee or an

part of it. The refund shall be made to the extent that

the fee concerned will not lead to a corresponding

water services for the property.



The municipality shall pay interest on the repayment amount under

paragraph 5 of the interest Act (1975:635) from the date on which the property owner

paid the fee.



Application for refund shall be brought within two years from the date of

the decision on which the action is based became final. The action may

However, be sued later, if the relevant amendment in

conditions for use of the property is not reasonably

could be anticipated within the specified time.



Accounting



50 § a principal shall, in respect of operations with

and operate a public water and wastewater facility to ensure



1. the activity is recorded and reported in accordance with generally

accounting where income statements and balance sheets are reported

in particular and where the additional information is shown how

the principal has allocated costs that have been shared with

other activities, and



2. that report, once it is set, is available

for property owners.



Supervision



51 § länsstyrelsen exercises supervision over the fulfilment of

the obligation under section 6, to meet the need of

water services. The County Board may submit to the municipality to

performance of the obligation. Such an order may be subject to

liquidated damages.



Appeal and review of wastewater issues



52 §/expires U: 2016-01-01/County Board's decision notice under section 51,

appeal by the municipality of the State Water Board.



52 section/entry into force: 01/01/2016/County Board's decision on the injunction under section 51 may be appealed by the municipality to the land and Environment Court.

Law (2015:693).



section 53/expires U: 2016-01-01/Statens va-Board hearing in other objectives on issues

regulated in this Act or in regulations issued by

the support of the law.



53 section/entry into force: 01/01/2016/land and Environment Court in other cases relating to matters governed by this law or the regulations made under the Act. Law (2015:693).



53 a of the/entry into force: 01/01/2016/law must ensure that the investigation of cases under this Act, the focus and scope of required.

Law (2015:693).



section 53 b/entry into force: 01/01/2016/in case of suspension of water supply according to § 43, right, after the application of a party, decide what to be for the time until the issue was settled by a judgment or decision as a final. Before the court announces a decision, it shall give the other party an opportunity to comment on the matter. Law (2015:693).



§ 53 c/entry into force: 01/01/2016/Provision in chapter 15. section 3 of the code of judicial procedure shall not apply in the case under this law. Law (2015:693).



§ 54/expires U: 2016-01-01/Statens va-Board orders may be subject to a penalty.



54 section/entry into force: 01/01/2016/A land and environment court injunctions under this law may be subject to a penalty. Law (2015:693).



55 §/expires U: 2016-01-01/questions about imposing penalty payments submitted under this

law are heard by the State's va-Board, ex officio or on application.



55 section/entry into force: 01/01/2016/land and environment court hearing after special application questions about imposing penalty payments submitted in accordance with this Act. Law (2015:693).



/Rubriken entry into force: 01/01/2016/court costs



section 56/expires U: 2016-01-01/provisions concerning the State's va-Board and the procedure of the Board

in the case under this law, as well as for enforcement and appeal

by the decision of the Board can be found in the Act (1976:839) om Statens va-

Board.



56 section/entry into force: 01/01/2016/in case under this Act where the land and Environment Court is the Court of first instance applies 56 a-56 e sections in terms of costs. Law (2015:693).



56 a of the/entry into force: 01/01/2016/in case of redemption or compensation under section 39, 40 or 44 to 1. in the case of costs incurred in the land and Environment Court, the principal responsible for the costs on both sides, subject to the provisions of section 56 d, and



2. in respect of the costs of higher law



a) principal responsible for their own costs and costs incurred for the novice through to the principal has executed the action, subject to the provisions of chapter 18. section 6 of the code of judicial procedure, and



(b)) the provisions of chapter 18. the code of judicial procedure applicable in cases other than those referred to in (a). Law (2015:693).



56 b/entry into force: 01/01/2016/in other cases to be dealt with under the provisions of the code of judicial procedure concerning civil proceedings other than those referred to in section 56 (a) each Party shall be responsible for their own costs, subject to the provisions of section 56 d or otherwise, there are special reasons.



The provisions of chapter 18. the code of judicial procedure shall be applied in respect of the cost of the application fee. Law (2015:693).



section 56 c/entry into force: 01/01/2016/in case of imposition of liquidated damages to either party shall be responsible for its own costs.



The provisions of chapter 18. the code of judicial procedure shall be applied in respect of the cost of the application fee. Law (2015:693).



section 56 d/entry into force: 01/01/2016 Despite what is said in paragraph 56 1 b and section 56, the right to order a party to pay all of the costs, in whole or in part, if the party



1. has launched a trial without the opposing party have given rise to it, 2. otherwise, either intentionally or negligently, have prompted an unnecessary trial, or



3. have acted in such a manner referred to in chapter 18. section 6 of the code of judicial procedure. Law (2015:693).



56 e section/entry into force: 01/01/2016 If a party under section 56 d in whole or in part to pay the costs incurred by the opposing party and the party's representative, Attorney or counsel, acted in such a manner referred to in that provision and thereby caused the costs in whole or in part, representative, agent or adviser is to be ordered to pay the costs together with the party.

The Court may decide on this even if any party does not advocate that. Law (2015:693).



Derogation from Chapter 2. section 1 of the local Government Act (1991:900)



57 § Despite the provision in Chapter 2. section 1 of the local Government Act (1991:900)

If the connection to the municipal area or its members,

a municipality operate a general wastewater facility in other

municipalities, if the operation is carried out on a commercial basis and

economically are reported separately from the other activities.



Transitional provisions



2006:412



1. this law shall enter into force on 1 January 2007, when the law

(1970:244) om allmänna water and sewage installations,

cease to apply.



2./expires U: 2016-01-01/For a va facility declared pursuant to section 31 of the public

the repealed Act or the corresponding provision in the older law

and that is not considered to be public under the new law

the following applies.



(a)) 10-22, 24 and 25 sections, section 30 of the first subparagraph,

the first and second paragraphs of section 31, paragraph 32, paragraph 35, 36-43

and 53-56 of the new Act shall apply in respect of

plant.



(b) the provisions of the law) repealed, except section 5, section 6, section 12

and the provisions equivalent to those listed in (a))

the provisions shall apply as long as the facility consists

as allmänförklarad until 31 december

2016.



(c)) the operator of the facility must not decide on matters

relating to the facility's area of operation. What is said in paragraph 7 of the

repealed Act shall, from 1 January 2007 only

refer to principal's obligations for the time before that.



3. as a principal under the repealed Act have decided in

question about a va-fixed line of business shall also apply


After the entry into force.



4. For other General sanitary facilities other than those referred to in (2)

be it as a principal under 22 or 27 of the repealed

the law has decided on matters relating to the use of va facilities

or if rates continue to apply until the municipality with

the support of 23 and 34 of the new law has replaced the principal's

decisions with the new rules, but not later than 31

December 2008.



5. the provisions of section 50 of the new law are applied the first time

for the first fiscal year beginning after december 31,

2006.



6. this law shall not apply to the case or matter

in accordance with the provisions of the repealed Act has brought

before the entry into force.



2./entry into force: 01/01/2016 For a va facility declared pursuant to section 31 of the public the repealed Act or the corresponding provision in the older law and who are not considered to be public under the new law, the following applies.



(a)) 10 – 22, 24 and 25 sections, section 30 of the first subparagraph, first and second paragraphs of section 31, paragraph 32, paragraph 35, 36 to 43 and 53 to 56 e of the new Act shall apply in respect of the facility.



(b) the provisions of the law) repealed, except section 5, section 6, section 12 and the regulations that correspond to the provisions listed in (a), shall apply as long as the plant is composed, as allmänförklarad until 31 december 2016. Land and Environment Court hears cases relating to the application of the provisions of the repealed Act.



(c)) the operator of the facility must not decide on matters relating to the facility's area of operation. What is said in paragraph 7 of the repealed Act shall, from 1 January 2007, relate only to the principal's obligations for the time before that.

Law (2015:693).