31/1975 Coll.

GOVERNMENTAL ORDER

of the Slovak socialist republic

dated 26^th March 1975

on penalties for infringing of obligations

provided in the section of water management

The Government of the Slovak Socialist Republic orders under Article 47 paragraph 1 Act No. 138/1973 Coll. on Waters (Water Act) and Article 24 paragraph 1 of the Act of the Slovak National Council Number 135/1974 Coll. on State Administration in Water Management :

PART ONE

Imposing of Penalties upon Organisations

Article 1

General Provisions

The District National Councils 1) shall impose penalties upon organisations that will

take or in a different way use surface or ground waters without permission from the water management institution or contrary to it (hereinafter only „not permitted use of waters“),

discharge waste waters 2) into surface waters, ground waters or into public sewage system without permission from the water management institution or contrary to sewage order (hereinafter only „not permitted discharge of waters),

contaminate surface or ground waters or endanger their quality or healthy faultlessness by not permitted handling with substances harmful to waters, which are not waste waters or as the case may be cause penetration of these substances into public sewage system contrary to sewage order (hereinafter only „not permitted handling with substances detrimental to waters“),

damage the public water supply or public sewage system or will take water from the public water supply contrary to the adjustment under Article 30 paragraph 3 or paragraph 4 of the Water Act (hereinafter only „not permitted take-off of waters“),

infringe other obligations provided by Water Act, Act on State Administration in water management or according to them imposed otherwise than stated under Letters a) to d) (hereinafter „other obligations“).

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Article 2 Act of the Slovak National Council No. 135/1974 Coll. on State Administration in Water Management.

Article 22 Act No. 138/1973 Coll. on Waters (Water Act).

 

Article 2

Penalties for Not Permitted Use of Waters

The penalty for not permitted use of surface waters will be specified in the amount calculated as a multiple of the rate 1,-Sk for 1m3 of not permitted use of surface waters and the total amount of these waters.

The penalty for not permitted use of ground waters will be specified in the amount calculated as a multiple of the rate 7,-Sk for 1 m3 for not permitted used ground waters and the total amount of these waters.

The lowest penalty under paragraphs 1 and 2 is being provided in the amount of 5000,- Sk.

Article 3

Penalties for Not Permitted Discharge of Waters

The amount of penalties imposed in cases entered in Article 1 Letter b) is being provided according to harmfulness of waste waters from individual kinds of production or sources of contamination (hereinafter only „production“) and according to the amount of raw materials or finished products in these productions for a year or as the case may be processed or produced in one campaign.

According to harmfulness of waste waters individual kinds of production are divided into four categories with technical units of production or processed raw materials (hereinafter only „technical units“) entered in the annex of this decree.

In case of doubts about including of the production into individual categories and technical unit the decision will be taken by the institution imposing penalty after deliberation with the Ministry of Forest and Water Economy of the Slovak Socialist Republic.

The amount of penalty is being specified by the multiple of the rate for technical unit and the total number of technical units for the last calendar year of operation or as the case may be for the last calendar year of operation or as the case may be for the last campaign; in case of newly introduced productions according to planned yearly or campaign production. The rate for a technical unit and the lowest penalty in individual categories is specified as follows :

 

If it is the same kind of production in one organisation divided into several production objects, decisive for the calculation of penalty is the number of technical units achieved only in those production objects, in which the water was discharged without permission.

The production of intermediaries is considered to be an independent production, if it is entered in the annex of this decree. In other cases under paragraph 3 it can be included into appropriate category only if it is a production in an independent production object.

The water management institution can decrease the calculated penalty in the following cases

if the organisation properly keeps in operation at least some parts of water treatment plant

if the organisation proves that it is a quite exceptional case and that even in making all efforts it could not prevent the contamination

In the case under paragraph 7 Letter a) the calculated penalty shall be decreased by so many percents by how many percents the value of decisive indicator of contamination was decreased; the institution imposing the penalty will specify which indicator of contamination is decisive. The penalty decreased according to paragraph 7 must not be lower than the lowest penalty under paragraph 4.

Article 4

Penalties for Not Permitted Disposal

of Substances Detrimental to Waters

The penalty for not permitted disposal of substances detrimental to waters will be set in the amount from 3000,- Sk to 500 000,- Sk according to significance of contamination or endangering of cleanness or the case may be of health of harmfulness of waters for health. In imposing of penalty regard is also taken to the circumstances under which the water was disposed without permission and also to the fact how the organisation contributed to removing or alleviating of harmful consequences.

In assessing of the significance of contamination or threat the regard is taken particularly to harmfulness and amount of harmful substance, detrimental consequences, possibilities of removing them, effect on surface waters or on reserves of ground waters and the possibility of their further use.

Article 5

Penalties for Damaging of Pubic Water supply

or Public Sewage

and for Not Permitted Consumption of Waters

The penalty is being provided for damaging of

pipeline of water supply of the diameter 500 mm and larger or sewage pipeline of the diameter 800 mm and larger in the amount of 30 000,- Sk.

pipeline of water supply of the diameter smaller than 500 mm or sewage pipeline of the diameter smaller than 800 mm in the amount of 10 000,- Sk.

public part of connecting line of water supply in the amount of 500,- Sk

public part of sewage connecting line in the amount of 1000,- Sk

 

For not permitted consumption of waters the penalty is being provided in the amount of five multiple of the appropriate rate of water rate calculated for the amount of unauthorised consumed water, however at least in the amount of 1000,- Sk.

 

Article 6

Penalties for Infringement of Other Obligations

The penalty for infringing of other obligations under Article 1 Letter e) is being provided in the amount from 500,- Sk to 100 000,- Sk according to significance of infringing of obligations.

Upon imposing of the penalty regard is taken particularly to the fact, which consequences were caused or could have been caused by infringing of obligations, the to the circumstances under which the obligations were infringed and how the organisation contributed to removing or alleviating of detrimental consequences.

The penalty under paragraph 1 will not be imposed if simultaneously obligations were infringed for the which the penalty under Article 1 Letter a) to d) is being imposed.

Article 7

Penalties for Repeated Infringement of Obligations

If within the time of one year from coming of the decision on imposing of penalty into force the organisation infringes whichever obligation for which the penalty is being imposed under this decree another penalty shall be imposed in the double amount of the rate. If the fine has been specified by the range the highest and the lowest limit shall be increased to the double amount; the amounts of the lowest penalties under Article 2, Article 3 paragraph 4 and under Article 5 paragraph 2 shall be increased to the double value.

Article 8

The Highest Limit of the Penalty

The penalty also in the case of increase under Article 7 can be mostly 1000000,- Sk.

PART TWO

Imposing of Penalties upon the Employees of Organisations

Article 9

The District National Councils impose penalties also upon employees of organisations that caused infringement of obligations of organisations entered in Article 1, if it is not a crime or an offence. The penalty can be mostly triple of the average monthly salary of the employee. 3) In specification of the amount of penalty regard is taken particularly to the degree of guilt and to the range of the caused damage.

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Article 275 of the Labour Code

 

PART THREE

Common and Conclusive Provisions

Article 10

The penalty is due within fifteen days from the force of the decision in which it had been imposed.

Article 11

The proceedings on imposing of the penalty cannot be started after passing of one year from the day, when the water management institution learnt about the facts under Article 1, however not later than after passing of three years from the day, when they happened.

Article 12

In imposing of penalty under Article 7 the penalties imposed according to government decree No. 120/1966 Coll. on Imposing of Penalties for Infringing of Obligations Specified for Protection of Waters Against Contamination are considered to be penalties imposed according to this decree.

Article 13

The Governmental Order No. 120/1966 Coll. on Imposing of Penalties for Infringing of Obligations specified for Protection of Waters against contamination is hereby being repealed. The proceedings on imposing of penalty started under this order before the efficiency of this decree will be completed by the institution, which started this proceedings as competent under previous regulations.

Article 14

This decree comes into force as of 1^st April 1975.

Dr. Colotka, sign manual

ANNEX

Division of Production according to Individual Categories