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Sanitation. Works. Connection

Original Language Title: Saneamiento. Obras. Conexi

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Legislative Power/ Eastern Republic of Uruguay
Published D.O. 8 dic/011-NAº 28366

NAº 18,840 Act

ACCESS TO SANITATION WORKS

RULES FOR YOUR PROMOTION, TIME-FRAME AND FACILITY

The Senate and the CA of Representatives of the Eastern Republic of Uruguay, meeting in General Assembly,

DECREE:


ArtAculo 1Aº.-According to what was set in the the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of the Republic of build in the future.

ArtAculo 2Aº.-The connection to such networks is mandatory for all owners or buyers of the real estate with the public sanitation network, which comply with one of the following conditions:

A) Tenure buildings with water supply, whatever their source.

B) Having constructs of any type capable of being used for human use.

C) Which require health installation type.

Only those properties that are not identical for the sanitation by gravity can be excepted.

ArtAculo 3Aº.-The Administration of the Sanitary Works of the State or the Intendence of Montevideo, according to its territorial competences, should carry out publications within two months of the present law. It will detail the streets through which existing sanitation networks pass and the same will be done with the networks that will be built in the future, within two months of the works being enabled.

The publications should be carried out during ten days in two national circulation newspapers, in the Official Journal and in the monthly invoice. Without prejudice to this, the aforementioned bodies should give the most extensive dissemination to the works and the financing plans, if they exist.

ArtAculo 4AºThe deadline for connection to the sanitation networks will be as follows:

A) In the case of buildings constructed on land facing the existing sanitation network, the deadline will be a year from the last day of the publication referred to in the preceding article.

B) In the case of buildings on land on whose front a sewerage network is built, the time limit shall be two years. counted from the last day of the publication referred to in article 3Aº.

The Administration of the Sanitary Works of the State or the Intendence of Montevideo, if necessary, may grant to the obligation of connection provided in this article with a maximum period of twenty-four months. To this end, the situations of socio-economic analysis will be considered through evaluation procedures based on objective indicators that will be established in the regulations that are dictated.

ArtAculo 5Aº.-When dealing with construction projects on land facing the existing sanitation network or in construction, the Intrends will not be able to grant construction permission without the presentation of the certificate issued by the competent authority certifying the connection request to that network.

ArtAculo 6Aº.-In the case of owners or prospective buyers of buildings destined for housing-housing that do not comply with the provisions of this law, the Administration of the Sanitary Works of the State or the Montevideo Intrend in their case, they are empowered to impose a monthly fine equivalent to 100% (one hundred percent) of the water consumption of each month in question, until they regulate their situation. In the event of no water connection, the monthly fine will be equal to three fixed charges for water and sanitation services, according to the rate of water for each month in question.

The amount of this fine in any case will exceed 50% (fifty percent) of the value of the property.

ArtAculo 7Aº.-In the case of owners or prospective buyers of real estate with commercial, industrial or services destination that do not comply with the provisions of this law, the Administration of the Works Sanitary State or the Montevideo Intendence in your case, they are empowered to impose a monthly fine equivalent to 100% (one hundred percent) of the water consumption of each month in question, until they regulate their situation.

In case they have own water supply, even if they have service of the Administration of the Sanitary Works of the State and do not comply with the provisions of this law, the cà ¡ lculo of the fine referred to in the first paragraph of the present Article shall be made on the basis of the technical estimate of the monthly consumption.

This estimate will be made by taking into account the water meters potentially used according to the technical criteria that the Administration establishes.

The corresponding estimate will be made by the services of the Administration of the Sanitary Works of the State or of the Intendence of Montevideo in its case, according to the directives of the National Direction of Water, in function of the provisions laid down in this Article.

If the establishment has only service of the Administration of the Health Works of the State, the circle shall be made according to the provisions of the first paragraph of this article. If the establishment is in service of the Administration of the Health Works of the State and its own water supply, or only its own water supply, the cA shall be made subject to the provisions of the second and the following points of the Article.

ArtAculo 8Aº.-The Administration of State Sanitary Works or the Montevideo Intrend in their case, may establish long-term financing lines with own or third-party funds. cost, for the purpose of facilitating the internal works of the housing for the connection to be made by the users of scarce resources.

May also establish total or partial subsidies for situations of vulnerability, which will be established by the corresponding regulation that will dictate the Executive Branch, without prejudice to the powers of the governments. Departmental.

ArtAculo 9Aº.-The works described above will be evaluated using procedures based on objective indicators that will be set in the corresponding regulation.

Such works will be excepted from the provided contribution scheme in the Decree-Law No. 14,411, dated 7 August 1975, its amendments and concordant, provided that they comply with the following conditions:

A) That your total cost does not exceed UR 120 (one hundred and twenty readjustable units), for each housing unit.

B) That the total wage cost does not exceed the equivalent of thirty jornals of official medium (Category V) of Subgroup 01 Group 09 of the Councils of Salaries (Decree NAº 138/005 of 19 April 2005), established, according to the law of the Boards of Salaries, the Convention or Decree of the Executive Branch.

C) Having as a single end the adaptation and connection of the internal healthcare to the sanitation network. The ancillary works of repair of floors, walkways, walls and other associated actions resulting from the realization of the same shall be included.

D) That they are dissociated from the integral work process that they access and perform on a health facility already existing, but whose technical condition prevents access to the network.

E) That the works referred to are contracted by agreements with public or private non-profit institutions, cooperatives, micro, small and medium-sized enterprises (single or non-personal) who are regularly registered. Also, the owner of the work, who carries out the same by registered hired staff, shall be exempt from the exemption provided that he is a user of the service.

ArtAculo 10.-Cumplating with the conditions provided in the previous article, the social security obligations will be regulated in accordance with the general rule of industry and commerce activities. The modification of the contribution to the social security by the respective activity will not affect the salary category nor the conditions of the workers of the construction affected to the work.

ArtAculo 11.-The certificate issued by the corresponding Intrend regarding the need and viability of the work, shall be sufficient to accredit to the corresponding bodies the amparo of the Exemption provided for in this law, without prejudice to the inspection powers of the Bank of Social Protection for the purposes of controlling the veracity of the statements and the regularity of the works.

ArtAculo 12.-The Administration of the Sanitary Works of the State and the Intendence of Montevideo should submit, annually, to the National Water Directorate, information on the amount of connections to the sanitation network, as well as the subsidies applied.

ArtAculo 13.-Incorset to the Criminal Code the article 224 Bis, which will be worded as follows:

" ARTACLE 224 Bis.-That for your own benefit or a third party perform any mode of connection in a clandestine way to the public network Sewerage, whether it is a water supply or stormwater, will be punished with a penalty of three to twenty-four months of imprisonment. They are aggravating circumstances and the penalty will be increased by one third in half:

A) If the behavior is done by producing a daA ± or the existing network.

B) If the behavior will cause injury or disruption of the service to other users.

C) When the agent is quality as an official or an official from the Administration of Works Health of the State or the Intendance of Montevideo related to the activity ".

ArtAculo 14.-The Administration of the Sanitary Works of the State or the Intendence of Montevideo in its case, will be able to carry out, in the buildings with the public health network, the inspections necessary to verify the existence of transgressions to the provisions of this law, requiring the judicial authorizations that correspond.

ArtAculo 15.-The Public Registry of the Property Property does not register any document in which the domain of buildings with constructions is transmitted by any title without the notarial record of the certificate of the Administration of the Sanitary Works of the State or of the Intendence of Montevideo was obtained. This certificate must prove:

A) the connection to the sanitation network, or

B) that no collector exists at the front of the building, or

C) that the building by its location, finds serious difficulties for its connection according to the article 2Aº of the present law.

This requirement shall govern from the third year of the law.

ArtAculo 16. Do not use the 4Aº of the Law No. 10,690, dated 20 December 1945; article 5Aº of the Decree-Law No. 14.497of 3 February 1976; Article 61 of the Act No. 17,555, of 18 September 2002, and, in general, all provisions that directly or indirectly are contrary to this law.

Chamber of Sessions of the CA of Representatives, in Montevideo, November 9, 2011.

LUIS LACALLE POU,
President.
José Pedro Montero,
Secretary.

MINISTRY OF INTERIOR
MINISTRY OF FOREIGN AFFAIRS
MINISTRY OF ECONOMICS AND FINANCE
MINISTRY OF NATIONAL DEFENCE
MINISTRY OF EDUCATION " N AND CULTURE
MINISTRY OF TRANSPORT AND WORKS PAsBLICAS
MINISTRY INDUSTRY, ENERGY AND MINERAA
MINISTRY OF LABOUR AND SOCIAL SECURITY
MINISTRY OF HEALTH PAsBLICA
MINISTRY OF LIVESTOCK, AGRICULTURE AND FISHERIES
MINISTRY OF TOURISM AND SPORT
MINISTRY OF HOUSING, PLANNING TERRITORIAL AND ENVIRONMENT
MINISTRY OF DEVELOPMENT SOCIAL

Montevideo, 23 November 2011.

Cúmplase, acorsese recibo, comunAquese, publáquese e insatirtese en el Registro Nacional de Leias y Decretos, la Ley por la que se promocionión la conexión a las obras de saniteción y se dictan rales para la concession de timescales y facilites a such effects.

JOSA% MUJICA.
EDUARDO BONOMI.
LUIS ALMAGRO.
FERNANDO LORENZO.
ELEUTERIO FERNÁNDEZ HUIDOBRO.
RICARDO EHRLICH.
ENRIQUE PAINTED.
ROBERTO KREIMERMAN.
EDUARDO BRENTA.
JORGE VENEGAS.
DANIEL GARAN.
HA%CTOR SEAT.
GRÁCIELA MUSLERA.
DANIEL OLESKER.

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Línea del pie de página
Montevideo, Uruguay. Legislative Power.