Public Water Supply and Sewerage Act
Passed 15.02.2023
Chapter 1 General Provisions
§ 1. Scope of regulation and purpose of Act
(1) This Act establishes the rights and obligations of the state, the local government, the water undertaking and the consumer in supplying water to the consumer through the public water supply system and in the leading off of waste water, storm water, drainage water and other soil and surface water through the public sewerage system and, if necessary, its treatment as well as the organisation of state supervision and the liability for violation of the requirements provided in this Act.
(2) The purpose of this Act is to ensure that the consumer is provided with a public water supply and sewerage service that meets the quality requirements at a reasonable and justified price that complies with the principle of equal treatment.
(3) The provisions of the Administrative Procedure Act apply to the administrative proceedings prescribed in this Act, taking account of the specifications provided in this Act.
§ 2. Scope of application of Act
(1) This Act applies to the leading off of storm water, drainage water and other soil and surface water (hereinafter storm water) if the local government has designated the structures and equipment for leading off storm water as part of the public water supply and sewerage system in the public water supply and sewerage development plan.
(2) This Act does not apply to water supply and sewerage systems intended solely for the needs of industrial or manufacturing undertakings.
§ 3. Public water supply and sewerage system
(1) Public water supply and sewerage system means a system of structures and equipment for supplying drinking water to consumers and for leading off and treatment of waste water and storm water and having a design performance of at least ten cubic metres per day and serving at least 50 persons. Public water supply and public sewerage system separately or both together are deemed to be a public water supply and sewerage system.
(2) A system of structures and equipment with a design performance of less than ten cubic metres per day or serving less than 50 persons and designated by the local government as public water supply and sewerage system in the public water supply and sewerage development plan is also deemed to be a public water supply and sewerage system.
(3) Systems of structures and equipment constructed for the own use of an industrial or manufacturing undertaking for its production needs or for the supply of drinking water to the undertaking or for the collection or treatment of waste water or storm water are not deemed to be a public water supply and sewerage system.
(4) A public water supply and sewerage system may be in the ownership of a legal person in public law or a legal person in private law.
§ 4. Extent of public water supply and sewerage system
(1) Structures and equipment which are not deemed to be a public water supply and sewerage system within the meaning of subsections 1 and 2 of § 3 of this Act and for the management of which no water undertaking has been designated and which are connected to the existing public water supply and sewerage system in order to ensure the proper provision of the public water supply and sewerage service are deemed to be an essential part of the existing public water supply and sewerage system as the principal thing within the meaning of subsection 2 of § 107 of the Law of Property Act.
(2) The owner of the part of the structures and equipment that is deemed to be an essential part of the existing public water supply and sewerage system within the meaning of the Law of Property Act is entitled to fair compensation to the extent of the actual value of the thing as at the time of connecting it to the existing public water supply and sewerage system.
(3) Structures and equipment for leading off storm water, including ditches for leading off storm water, excluding a land improvement system within the meaning of the Land Improvement Act, are deemed to be part of the public water supply and sewerage system for the purposes of this Act if the local government has so determined the extent of the public water supply and sewerage system in the public water supply and sewerage development plan.
(4) A water meter which is located on the water supply or sewerage facilities of the place of consumption and measures the amount of service consumed is part of the public water supply and sewerage system unless otherwise agreed by the parties to the service contract.
§ 5. Connection point
(1) For the purposes of this Act, connection point means the place of connection of the public water supply and sewerage system to the water supply and sewerage facilities of the place of consumption and determines the boundary between the public water supply and sewerage system and the water supply and sewerage facilities of the place of consumption. The connection point is part of the public water supply and sewerage system.
(2) The connection point is designated by the water undertaking in such a way that it is located on public land up to one metre outside the boundary of the immovable of the place of consumption. If the connection point cannot be designated under these conditions, the connection point is designated by agreement between the water undertaking and the owner of the place of consumption.
(3) The connection point is designated in such a way that it does not entail disproportionate costs for the owner of the place of consumption or the water undertaking and ensures that the water undertaking has free access to the facilities of the public water supply and sewerage system.
(4) If the connection point is designated on the immovable of the place of consumption, the part of the public water supply and sewerage system located on the immovable serves as a means of exercising the right arising from the connection agreement within the meaning of subsection 2 of § 54 of the General Part of the Civil Code Act and the actual owner of the immovable is obliged to tolerate its location on their immovable. Upon termination of the connection agreement, the owner of the immovable has the right to demand the removal of the part of the public water supply and sewerage system specified in the first sentence of this subsection from the immovable belonging thereto.
§ 6. Water undertaking
(1) Water undertaking means a legal person in private law designated by the local government as a provider of the public water supply and sewerage service.
(2) A water undertaking who provides the service in a local government with at least 10,000 residents through the public water supply and sewerage system to which the water supply and sewerage facilities of at least 10,000 residents are connected is a provider of the vital services specified in clause 3 of subsection 4 of § 36 of the Emergency Act.
§ 7. Consumer
For the purposes of this Act, consumer means a person to whom the public water supply or sewerage service is provided.
§ 8. Water supply and sewerage facilities of place of consumption
(1) Water supply and sewerage facilities of the place of consumption mean a system of structures and equipment for supplying a consumer with water from the public water supply system or for leading off waste water or storm water to the public sewerage system. The water supply and sewerage facilities of the place of consumption are not part of the public water supply and sewerage system.
(2) A water metering unit located in the water supply or sewerage facilities of the place of consumption, with the exception of a water meter, is part of the water supply or sewerage facilities of the place of consumption.
§ 9. Industrial or manufacturing undertaking
(1) For the purposes of this Act, industrial or manufacturing undertaking means a legal person in private or public law, engaged in industry or other production.
(2) For the purposes of this Act, resale and service activities are not deemed to be industrial or manufacturing activities.
§ 10. Public water supply and sewerage service
(1) Public water supply and sewerage service means supplying the consumer with drinking water up to the connection point and the reception of the consumer’s waste water or storm water from the connection point and, if necessary, treatment.
(2) The public water supply and sewerage service must comply with the requirements established for drinking water under the Water Act in the case of supply of drinking water at the connection point, the requirements of this Act in the case of reception of waste water and storm water, and the requirements established for the collection and treatment of waste water and storm water under the Water Act in the case of collection and treatment of waste water and storm water.
§ 11. Discharge service
For the purposes of this Act, discharge service means the service of pumping out waste water from a waste water collection tank, its removal and treatment.
Chapter 2 Planning and Construction of Public Water Supply and Sewerage System
§ 12. Planning of public water supply and sewerage system
(1) The area in which a public water supply and sewerage system is to be constructed is designed in such a way that the possibility of connection to the public water supply and sewerage system is guaranteed for all residents of the area and for existing undertakings and establishments whose consumption is comparable to that of residents and whose waste water which is led off corresponds to the composition of the domestic waste water.
(2) Planning is based on the following:
1) the provision of the public water supply and sewerage service in the area is necessary to protect health and the environment;
2) the price of the public water supply and sewerage service is reasonable for the residents of the area;
3) the risks arising from the area to the provision of the public water supply and sewerage service have been prevented, minimised or mitigated.
(3) In order to guarantee a reasonable price and provide a sustainable public water supply and sewerage service, the state, the local government and other organisations may support the water undertaking, taking into account the requirements for state aid.
§ 13. Public water supply and sewerage development plan
(1) Public water supply and sewerage development plan means an analysis of public water supply and sewerage systems which addresses the current situation of the public water supply and sewerage system of a rural municipality or city as well as development proposals.
(2) The preparation of a public water supply and sewerage development plan is organised by the local government in cooperation with the water undertaking.
(3) One public water supply and sewerage development plan is prepared per local government. If one water undertaking serves several local governments, a single public water supply and sewerage development plan may be drawn up for all local governments.
(4) A public water supply and sewerage development plan is prepared for a period of at least 12 years.
(5) A public water supply and sewerage development plan is approved by a regulation of the local government council.
§ 14. Content of public water supply and sewerage development plan
(1) The plan specified in subsection 1 of § 13 of this Act must include at least:
1) a review of the environmental conditions, including a review of surface water and groundwater, the status of waters, the burden on surface water and groundwater, groundwater reserves, the conditions of geological engineering and other peculiarities which exist in the area and are relevant to the plan;
2) a description of the public water supply and sewerage service; the details of the water undertaking, including the details of the owners of the water undertaking; descriptions of consumer groups, including industrial and manufacturing undertakings; the quantities and quality of drinking water consumed and the quantities of waste water, effluent and storm water led off; an estimate of the water losses and infiltration caused by leakage of water and sewerage systems; the proportion of the residents of the entire area connected to the public water supply and sewerage system, the number of residents with the possibility of connecting and other data relevant to the plan;
3) a description of the social and economic indicators, including a forecast of average annual net income per member of a household of the local government and solvency of population for at least the first four years in terms of years, and generalised trends for the last eight years;
4) the location and the layout plan of the public water supply and sewerage system and the technical specification of its systems, including bore wells and pumping stations, drinking water treatment plants, pressure raising pumping stations, water pipelines, fire-fighting water sources in the public water supply system, combined and separated sewer systems, local treatment facilities, waste water pumping stations, sewer discharge stations, waste water treatment plants and storm water sewerage system, and the estimation of their condition and suitability as well as the estimation of the condition of the recipient and its capacity to receive water;
5) a description of financial and economic indicators of the water undertaking and short-term and long-term investment programmes, sources for investments, a description and estimation of the status of the fixed assets necessary for the provision of the public water supply and sewerage service, forecasts of the price of the public water supply and sewerage service and the percentage of expenses on the provision of the service in the average annual net income per member of a household of the local government for at least the first four years in terms of years, and generalised trends for the last eight years;
6) a description of the technical solutions suitable for the local government proceeding from clauses 1–5 of this subsection, together with a comparison of alternative solutions, except in the areas where the water and sewerage system has been constructed and there is no need for its complete reconstruction;
7) a list of storm water systems considered to be public water supply and sewerage systems and storm water lead-off maps by catchment area if storm water systems are designated as part of the public water supply and sewerage system;
8) maps of the areas to be covered by the public water supply system and of waste water collection areas;
9) the basic scheme of dimensioned water and sewerage facilities, including the basic scheme of storm water runoff facilities, including at least the locations of water sources and water intakes and pumping and treatment facilities; the extent and description of sanitary protection zones and pressure zones; solutions for extraction of fire-fighting water and water sources in the public water supply system and a description of sewerage systems; locations and clearances of overflow, pumping and treatment facilities and sewer discharge stations and outlets;
10) the schedule of implementing public water supply and sewerage development measures and the estimated cost thereof;
11) the connection deadlines for the developed areas and the areas to be developed within four years;
12) maps of the prospective areas to be covered by the public water supply and sewerage system as determined by the local government unless these are included in the comprehensive plan of the local government;
13) a map of waste water collection areas with a pollution load of more than 2000 population equivalents which are not covered by the public water supply and sewerage system, where its construction would entail unreasonably high costs or would not be beneficial to the environment;
14) a description of the risks in the area that may threaten the continuity of the public water supply and sewerage service and the measures to mitigate those risks.
(2) The information listed in clauses 2–4, 9 and 10 of subsection 1 of this section must be identifiable by waste water collection areas.
(3) The number of residents, income and other statistical indicators are estimated on the basis of the forecast of Statistics Estonia where such data is available.
(4) When preparing financial forecasts, state subsidies cannot be taken into account as a source of investments planned in the public water supply and sewerage development plan unless there is a decision on the allocation of funds.
§ 15. Preparation, updating and disclosure of public water supply and sewerage development plan
(1) A public water supply and sewerage development plan must be prepared in conformity with the river basin management plan and its programme of measures within the meaning of the Water Act and must meet the water protection objectives. The planning of storm water systems must take into account, among others, floods and pollution mitigation solutions, such as soakaways, water-permeable pavements, vegetation strips, swales, infiltration trenches, infiltration basins, filter areas, detention ponds and rain gardens which are suitable for specific conditions and ensure their functioning, taking into account climatic conditions.
(2) The objectives and development measures of the public water supply and sewerage development plan must conform to the development plan of the local government.
(3) The public water supply and sewerage development plan is co-ordinated with the Health Board and the Agriculture and Food Board.
(4) The public water supply and sewerage development plan is disclosed, public discussions are organised and interested persons are involved in accordance with § 372 of the Local Government Organisation Act, taking into account the specifications provided in this Act.
(5) The public water supply and sewerage development plan is reviewed and updated as necessary, but not less frequently than every four years, with a view to covering a period of at least 12 years.
(6) The provisions of §§ 13 and 14 of this Act and subsections 1–4 of this section also apply to the updating of the public water supply and sewerage development plan.
(7) The schemes forming part of the public water supply and sewerage development plan prepared on the basis of the information specified in clauses 4 and 9 of subsection 1 of § 14 of this Act constitute restricted information within the meaning of clause 181 of subsection 1 of § 35 of the Public Information Act. The restriction of access to the specified schemes applies for 50 years from the date of preparation of the schemes.
§ 16. Construction and development of public water supply and sewerage system
(1) A public water supply and sewerage system is constructed and developed on the basis of the public water supply and sewerage development plan. In the absence of a public water supply and sewerage development plan, the public water supply and sewerage system may also be constructed on the basis of a comprehensive or detailed plan only, provided that the technical solution envisaged thereby complies with the principles of development of the public water supply and sewerage system of the local government.
(2) The construction and development of the public water supply and sewerage system is organised by the local government.
(3) A local government may transfer the administrative duties related to the construction and development of the public water supply and sewerage system to another person by means of an administrative contract in accordance with the rules provided in the Administrative Cooperation Act.
(4) The extent of the area covered by a public water supply and sewerage system in the administrative territories of several local governments, and the terms and procedure of development and use of such public water supply and sewerage system are determined by an administrative contract between the local governments in accordance with the rules provided in the Administrative Cooperation Act.
Chapter 3 Connection to Public Water Supply and Sewerage System
§ 17. Bases for connection to public water supply and sewerage system
(1) A water undertaking must permit connection of the water supply facilities of places of consumption to the public water supply system and of the sewerage facilities of places of consumption to the public sewerage system under the conditions provided in this Act and legislation established on the basis thereof.
(2) In order to connect the water supply and sewerage facilities of the place of consumption to the public water supply and sewerage system, the owner of the water supply and sewerage facilities of the place of consumption (hereinafter owner of place of consumption) makes a corresponding proposal to the water undertaking.
(3) The owner of a place of consumption is obliged to connect to the existing public water supply and sewerage system within the deadline indicated in the public water supply and sewerage development plan if a suitable connection point has been built for this purpose. If the development plan does not indicate a connection deadline, there is an obligation to connect within four years after the completion of the connection point of the registered immovable.
(4) The owner of a place of consumption does not have the connection obligation provided in subsection 3 of this section if the supply of drinking water and the collection and treatment of waste water are ensured in another manner that meets the requirements established under the Water Act. A drinking water system is deemed to comply with the requirements for the purposes of this subsection even if the quality characteristics of drinking water do not meet the requirements established under the Water Act, but the drinking water system does not pose a threat to the drinking water systems of other persons, the quality of groundwater, human health or the environment.
(5) The connection obligation provided in subsection 3 of this section does not extend to industrial and manufacturing undertakings.
§ 18. Rules for connection to public water supply and sewerage system
(1) The rules for connection to the public water supply and sewerage system are established by a regulation of the local government council.
(2) The rules specified in subsection 1 of this section must contain at least:
1) the requirements for connection proposals and the term and procedure for responding to connection proposals;
2) the connection conditions and the requirements for the connection agreement specified in subsection 1 of § 19 of this Act;
3) the procedure for payment of the connection fee.
(3) Where one water undertaking serves several local governments through the same public water supply and sewerage system, all such local governments establish the rules specified in subsection 1 of this section with the same contents, taking into account the extent of the public water supply and sewerage system determined on the basis of subsection 3 of § 4 of this Act.
§ 19. Connection agreement
(1) The water supply and sewerage facilities of the place of consumption are connected to the public water supply and sewerage system on the basis of an agreement entered into between the owner of the place of consumption and the water undertaking (hereinafter connection agreement).
(2) The connection agreement is entered into in a form reproducible in writing in accordance with the rules for connection to the public water supply and sewerage system.
(3) The compliance of the water supply and sewerage facilities of the place of consumption which are to be connected to the public water supply and sewerage system with the connection conditions and the connection agreement is verified by the local government in cooperation with the water undertaking.
(4) A connection agreement is not entered into where:
1) the need of the place of consumption for water cannot be ensured from the public water supply system without impairing the proper functioning thereof;
2) the waste water or storm water of the owner of the place of consumption, due to its quantities or characteristics, cannot be led off into the public sewerage system without damaging it, or the waste water or storm water does not correspond to the treatment capacity or technology of the waste water treatment plant;
3) the owner of the place of consumption wishes to lead off into the public sewerage system waste water, which pollution parameters are higher than the limit values established pursuant to clause 3 of subsection 2 of § 34 or subsection 2 of § 36 of this Act;
4) the water supply and sewerage facilities of the place of consumption do not meet the technical conditions necessary for connection;
5) there is no separated public sewer system for the reception of storm water, and the leading off of storm water into the combined sewer system is prohibited pursuant to the rules for connection to the public water supply and sewerage system or the rules for the use of the public water supply and sewerage system established on the basis of subsection 1 of § 34 of this Act.
(5) In the case described in clause 3 of subsection 4 of this section, the agreement may be entered into if the water undertaking and the owner of the place of consumption agree on this and prescribe less stringent limit values in the connection agreement or in the service contract specified in subsection 1 of § 35 of this Act.
(6) The water undertaking must give reasons in writing for refusing to enter into a connection agreement within 30 days of receiving a connection proposal.
(7) The provisions concerning the entry into a connection agreement apply to the amendment of the provisions agreed in the connection agreement.
§ 20. Bases for charging fee for connection to public water supply and sewerage system
(1) A water undertaking, with the exception of a person specified in § 28 of this Act, has the right to charge the owner of the place of consumption a reasonable connection fee for connection to the public water supply and sewerage system, taking into account the provisions of this Act.
(2) The amount of the connection fee is calculated by the water undertaking, taking into account the methodology for calculating the connection fee prepared on the basis of § 21 of this Act.
(3) The connection fee ensures:
1) development of the public water supply and sewerage system;
2) connection of the water supply and sewerage facilities of the place of consumption to the public water supply and sewerage system at the connection point.
§ 21. Methodology for calculating fee for connection to public water supply and sewerage system
(1) A water undertaking prepares the methodology for calculating the connection fee in conformity with the provisions of subsections 2–4 of this section and §§ 22 and 23 of this Act.
(2) The methodology for calculating the connection fee includes at least the formula for calculating the connection fee with explanations and the basis and extent of refunding the connection fee.
(3) A water undertaking has the methodology for calculating the connection fee approved by the Competition Authority.
(4) A water undertaking discloses the methodology for calculating the connection fee on its website after obtaining the approval.
§ 22. Calculation of fee for connection to public water supply and sewerage system
(1) A water undertaking may charge a connection fee only to the extent of the costs necessary for the connection of the water supply and sewerage facilities of the place of consumption to the public water supply and sewerage system.
(2) The costs incurred for the construction of the public water supply and sewerage system by way of grant aid are deducted from the connection fee.
(3) Where a public water supply and sewerage system, including storm water sewerage system, is developed outside the public water supply and sewerage development plan on the basis of a proposal by an interested party and in agreement with the water undertaking and the owner of the public water supply and sewerage system, the costs of the development and connection are borne in full by the interested party.
(4) A water undertaking cannot charge a repeated connection fee for the connection of the water supply and sewerage facilities of a place of consumption to the public water supply and sewerage system if the location or technical solution of the connection point changes due to the development of the public water supply and sewerage system, or the area becomes served by a new water undertaking or the owner of the public water supply and sewerage system changes.
(5) In the event of reconstruction of the water supply and sewerage facilities of the place of consumption or a change in the owner or possessor of the place of consumption, no connection fee is charged if the change in the connection conditions does not entail any costs for the water undertaking. If costs are incurred, the connection fee may be charged only to the extent of the actual costs.
(6) A water undertaking has the right to charge the consumer a connection fee if the connection conditions of the water supply or sewerage facilities of the place of consumption are changed at the initiative of the consumer or due to a change in the consumer’s activity and it is therefore necessary to carry out reconstruction work in the public water supply and sewerage system, which entails costs for the water undertaking. Such construction work also includes the liquidation of the connection point.
(7) If the service contract specified in subsection 1 of § 35 of this Act has expired on the basis of subsection 6 of § 42 and the owner of the place of consumption wishes to restore the public water supply and sewerage service and it entails costs for the water undertaking, the water undertaking has the right to charge the owner of the place of consumption a connection fee to the extent of the costs incurred.
§ 23. Refunding of fee for connection to public water supply and sewerage system
(1) If the public water supply or sewerage system has been constructed exclusively for a connecting party who has paid the connection fee that covers the full cost of the connection because the water undertaking did not have other connecting parties in the area, and new connecting parties connect to the existing public water supply and sewerage system within seven years after the payment of the connection fee, the water undertaking refunds the person who paid the connection fee earlier a proportional part of the paid connection fee within three months after entering into each new connection agreement and payment of the corresponding connection fee or annual instalment.
(2) Calculation of the part of the connection fee to be refunded is based on the costs incurred in connecting and the methodology for calculation of the connection fee, taking account of the accumulated depreciation of fixed assets of the public water supply and sewerage system.
Chapter 4 Designation of Water Undertaking and Organisation of its Activities
§ 24. Bases for designation of water undertaking
(1) Where a public water supply and sewerage system is in the ownership or possession of a local government, the local government independently, or in cooperation with other local governments, applies the provisions of the Public Procurement Act concerning the award of concession contracts in order to find a water undertaking, unless otherwise provided in clauses 5 and 6 of subsection 1 of § 132 or § 153 of the Public Procurement Act.
(2) If a public water supply and sewerage system is in the ownership of a legal person in private law, the owner of the public water supply and sewerage system may make a proposal to the local government to designate the legal person as a water undertaking within the meaning of this Act. Unless the circumstances specified in § 26 of this Act become evident in respect of the owner of the public water supply and sewerage system who is a legal person in private law, the local government designates the owner of the public water supply and sewerage system as a water undertaking.
(3) A water undertaking is designated by a decision of the local government council and the decision is disclosed in the online publication Ametlikud Teadaanded and in a local or county newspaper.
(4) A decision of the local government council on designation of a water undertaking sets out at least:
1) the administrative duty assigned to the legal person in private law in accordance with the Administrative Cooperation Act;
2) the licensed territory of the water undertaking;
3) the bases for financing performance of the administrative duty and the extent of financing if performance of the administrative duty is financed from the state budget or a local government budget;
4) the local government administrative agency or body which exercises supervision over performance of the administrative duty;
5) the requirements for competence of the water undertaking;
6) the term of validity of the decision if the decision is granted for a specified term;
7) the rights of the supervisory agency or body and the obligations of the legal person in private law upon revocation of the decision in order to ensure continuity in the performance of the administrative duty, taking account of the provisions of this Act.
(5) When determining the licensed territory specified in clause 2 of subsection 4 of this section, the designation of several water undertakings must be avoided as far as possible.
(6) The price of the public water supply and sewerage service is not determined in the decision of the council on the designation of a water undertaking specified in subsection 4 of this section or the concession agreement specified in section 2 of § 27 of this Act. The price of the specified service is established in accordance with Chapter 6 of this Act.
§ 25. Additional requirements for water undertaking
The local government council has the right, by its decision, to establish other requirements for competence and quality of the water undertaking in addition to those provided in this Act, based on the size of the licensed territory of the water undertaking, the number of consumers and the specifics of the territory.
§ 26. Refusal to designate water undertaking
(1) A local government council may refuse to designate the owner of a public water supply and sewerage system who is a legal person in private law as a water undertaking if the person does not meet the requirements for competence or quality established by the local government council or the person is subject to the grounds for exclusion arising from § 95 of the Public Procurement Act.
(2) Where a proper public water supply and sewerage service cannot be provided through a public water supply and sewerage system belonging to a person without the connection of that system to the public water supply and sewerage system belonging to another person, the person cannot be designated as a water undertaking, unless the owners of the assets have agreed among themselves on the procedure for the use of the public water supply and sewerage system.
§ 27. Public procurement to find water undertaking
(1) In addition to the requirements of § 77 of the Public Procurement Act, the procurement documents of the public procurement organised for finding a water undertaking set out at least:
1) the extent of the licensed territory of the water undertaking and technical description thereof;
2) information concerning the public water supply and sewerage development plan;
3) information concerning the rules for connection to and use of the public water supply and sewerage system;
4) the obligations of the water undertaking;
5) the requirements for competence of the water undertaking to ensure proper functioning of the public water supply and sewerage system;
6) the terms of provision of the public water supply and sewerage service;
7) the term of the public contract;
8) the draft public contract to be entered into between the water undertaking and the local government;
9) information concerning the administrative contract specified in subsection 4 of § 16 of this Act in case it exists.
(2) Where a legal person is designated as a water undertaking by a public procurement, the duration of the concession contract may not exceed 12 years.
§ 28. Provision of public water supply and sewerage service without designation as water undertaking
Where a person has not been designated as a water undertaking on the bases provided in § 24 of this Act, but the activity of the person meets the definition of public water supply and sewerage service provided in subsection 1 of § 10 and the water supply or sewerage system in the ownership or possession of the person meets the definition of public water supply and sewerage system provided in subsections 1 and 2 of § 3, the person is subject to all the requirements and obligations provided in this Act in respect of a water undertaking.
§ 29. Suspension and termination of activities of water undertaking
(1) Until the designation of a new water undertaking and the determination of the licensed territory thereof, the undertaking which has hitherto provided the services of water supply and leading off waste water via the public water supply and sewerage system is required to continue its activities, but not beyond the due date provided in the decision to designate a water undertaking.
(2) In order to suspend or terminate the provision of the public water supply and sewerage service before the due date provided in the decision to designate a water undertaking, the water undertaking must, at least 12 months before the suspension or termination of the provision of the service, submit to the local government in writing a schedule for the suspension or termination and an overview of the measures taken to ensure compliance with the requirements arising from this Act and from the contracts entered into with the local government.
(3) The performance of the obligations of a water undertaking arising from this Act and from the contracts entered into with the local government is ensured by the local government council by designating another water undertaking within the term specified in subsection 2 of this section or by performing these obligations in another manner.
(4) Where the public water supply and sewerage service is provided on the basis of § 28 of this Act, the local government council must designate a water undertaking within 12 months after receiving the notice of termination of provision of the public water supply and sewerage service.
§ 30. Special requirement concerning accounting of water undertaking
(1) In addition to compliance with the requirement provided in § 181 of the Competition Act, a water undertaking must base its accounts on consistently applicable and objectively justifiable accounting principles and keep separate accounts for income and costs for the following activities:
1) provision of the public water supply and sewerage service;
2) provision of the discharge service within the meaning of § 47 of this Act;
3) receipt of connection fees for connection to the public water supply and sewerage system;
4) other activities not related to the provision of the public water supply and sewerage service.
(2) Any assets acquired by grant aid and the cost of capital associated with the assets are indicated under the costs of the activities specified in subsection 1 of this section.
(3) Where a water undertaking provides the public water supply and sewerage service to consumers or to another water undertaking in several waste water collection areas or in several licensed territories, it keeps separate accounts for the different areas and territories as provided in subsection 1 of this section, unless a common price for the public water supply and sewerage service is established in those territories in accordance with the provisions of Chapter 6 of this Act.
§ 31. Management report of water undertaking
(1) The management report of a water undertaking includes a summary of the annual report and an overview of the investments made in the past year, of drinking water quality, of waste water and storm water treatment and of future developments.
(2) In order to ensure transparency of operations, a water undertaking discloses the management report on its website or on the website of the local government annually within 30 days of its preparation.
(3) The obligation to disclose the action plan does not extend to information that is not subject to disclosure under the law.
§ 32. Requirements for person competent to operate drinking water and waste water treatment facilities
(1) A water undertaking appoints a competent person for each drinking water and waste water treatment facility it manages.
(2) The person specified in subsection 1 of this section must complete at least 80 hours of training every seven years in accordance with the programme established under subsection 5 of this section or hold a professional certificate for a water treatment operator under the Professions Act.
(3) A person who has acquired a profession in a foreign country may also act as a person specified in subsection 1 of this section if his or her qualifications have been recognised under the Recognition of Foreign Professional Qualifications Act. The competent authority specified in subsection 2 of § 7 of the Recognition of Foreign Professional Qualifications Act is the Ministry of the Environment.
(4) The 80-hour training specified in subsection 2 of this section is equivalent to at least 80 hours of training provided by the manufacturer of the drinking water or waste water treatment facility or by an educational institution.
(5) The requirements for the person specified in subsection 1 of this section, the training programme and the procedure for conducting the training are established by a regulation of the minister in charge of the policy sector.
Chapter 5 Public Water Supply and Sewerage Service
§ 33. Bases for providing public water supply and sewerage service
(1) In an area covered by a public water supply and sewerage system, consumers have the right to receive drinking water from the public water supply system and conduct waste water to the public sewerage system and storm water to the separated storm water sewerage system at a reasonable and justified price that complies with the principle of equal treatment.
(2) A water undertaking is required to provide consumers with drinking water complying with the quality requirements established on the basis of the Water Act through the public water supply system up to the connection point and to accept waste water which pollution parameters do not exceed the limit values established on the basis of clause 3 of subsection 2 of § 34 and subsection 2 of § 36 of this Act.
(3) A water undertaking is required to ensure that storm water is accepted from consumers under the conditions and in accordance with the rules provided in the public water supply and sewerage development plan and the rules for the use of the public water supply and sewerage system.
(4) During the elimination of an accident in the public water supply and sewerage system and in other cases which are beyond the control of the water undertaking but necessary for the proper functioning of the systems, a water undertaking has the right, in accordance with the procedure provided in the rules for the use of the public water supply and sewerage system, to restrict or interrupt the supply of water from the public water supply system to consumers or the reception of sewage or storm water from consumers into the public sewerage system.
§ 34. Rules for use of public water supply and sewerage system
(1) The rules for the use of the public water supply and sewerage system are established by a regulation of the local government council.
(2) The rules specified in subsection 1 of this section must contain at least:
1) the procedure for measuring extracted drinking water and for accounting led off waste water and storm water;
2) the specified procedure for the provision of the public water supply and sewerage service;
3) the limit values for the pollution parameters of the waste water and storm water led off into the public sewerage system, with the exception of hazardous substances, such that the effluent exiting the public sewerage system conforms to the requirements established on the basis of the Water Act and the waste water led off into the public sewerage system does not damage the functioning of the public sewerage system;
4) the procedure for payment for the public water supply and sewerage service and the procedure for calculating the fee for pollution exceeding the limit values;
5) the procedure for the supply, and interruption and restoration of the supply, of drinking water and for the reception, and interruption and restoration of the reception, of waste water and storm water;
6) the procedure for limiting, interrupting and restoring the supply of drinking water and for limiting, interrupting and restoring the leading off of waste water in the event of damage to or an accident in the public water supply and sewerage system;
7) the methodology for accounting the amount of storm water led off into the public sewerage system, except where a basic fee is applied;
8) the technical requirements for the connection point.
(3) When setting the limit values for pollution parameters under clause 3 of subsection 2 of this section, account is taken of the size, capacity and type of the waste water treatment plant in the area, the treatment technology used, flows, possibilities for harmonising the composition of waste water and other technological criteria that allow waste water led off into the public sewerage system to be treated properly and without damaging the public sewerage system. The bases for calculating the specified limit values, including expert assessments, must be open to the public in so far as they do not harm the business secrets of the undertaking and in so far as disclosure is not restricted by other legislation.
§ 35. Contract for provision of public water supply and sewerage service
(1) Water is extracted from the public water supply system and waste water and storm water are led off into the public sewerage system on the basis of a contract for the provision of the water supply and sewerage service between the water undertaking and the consumer (hereinafter also service contract).
(2) The service contract is entered into in a form reproducible in writing in accordance with the rules for the use of the public water supply and sewerage system.
(3) In the case of immovable property ownership divided into apartment ownerships, the consumer is the apartment association. An apartment owner may be a consumer if the water supply and sewerage facilities of the apartment ownership of the apartment owner can be connected to the public water supply and sewerage system through an individual connection point that meets the requirements of this Act.
(4) Agreements that deviate from the requirements provided in or on the basis of this Act to the detriment of the consumer are null and void.
§ 36. Conducting of hazardous substances and other pollutants to public sewer system
(1) It is prohibited to conduct to the public sewerage system waste, including hazardous waste and solids causing blockages, and hazardous substances in concentrations exceeding the limit values and in quantities which damage or impede the functioning of the public sewerage system or the waste water treatment plant or the condition of the environment.
(2) The list of hazardous substances conducted to the public sewerage system and the limit values for their concentrations are established by a regulation of the minister in charge of the policy sector.
(3) If the concentrations of hazardous substances or other pollution parameters of the consumer’s waste water or storm water exceed the limit values established on the basis of clause 3 of subsection 2 of § 34 of this Act or subsection 2 of this section, or if the pollution parameters of the waste water led off into the public sewerage system, for which no limit values have been set, are so high that they may damage the structures or equipment of the public sewerage system, the waste water treatment process or the condition of the environment, the consumer is required, before leading off waste water or storm water into the public sewerage system, use pre-treatment or take other measures to bring waste water and storm water into compliance, unless otherwise agreed with the water undertaking.
(4) An industrial or manufacturing undertaking subject to an environmental permit or integrated environmental permit that uses in its activities hazardous substances that are specified in the list established on the basis of subsection 2 of this section and that are conducted to the public sewerage system must notify the Environmental Board once a year of the quantities and concentrations of these substances, together with the methodology for their calculation, through the environmental decisions information system.
(5) If an industrial or manufacturing undertaking subject to an environmental permit or integrated environmental permit introduces in its area of activity or in its technology a new hazardous substance not specified in the list established on the basis of subsection 2 of this section that is conducted to the public sewerage system, the undertaking is obliged to immediately notify the Environmental Board thereof through the environmental decisions information system together with the information specified in subsection 4 of this section.
(6) For conducting prohibited substances or other substances specified in subsection 1 of this section to a public sewerage system in excess of the permitted quantities or concentrations, the water undertaking has the right to demand a fee for the pollution exceeding the limit values within the meaning of § 40 of this Act and compensation for damage in accordance with the rules provided in the Law of Obligations Act.
§ 37. Inspection of drinking water quality and pollution of waste water and storm water led off into public sewerage system
(1) A water undertaking, in fulfilling the requirements for the quality of drinking water and its inspection requirements and in choosing the methods for analysis, proceeds from the requirements provided in subsection 2 of § 85 of the Water Act.
(2) The pollution of waste water and storm water led off into the public sewerage system is inspected at the connection point agreed between the water undertaking and the consumer. If it is not possible to take a control sample from the connection point, the sample is taken from the nearest point suitable for sampling.
(3) Waste water and storm water led off into the public sewerage system must comply at all times with the limit values for the concentrations of hazardous substances and other pollution parameters. If at least one spot sample does not comply with the limit values referred to above, the provisions of subsection 1 of § 40 of this Act apply.
(4) Where waste water and storm water are led off into the public sewerage system, the pollution parameters to be inspected are determined by the water undertaking.
(5) Samples taken for the purpose of the inspection specified in subsection 2 of this section may be taken only by a person who has passed evaluation in the field of waste water under subsection 5 of § 243 of the Water Act and the samples must be analysed in a laboratory accredited to determine the parameters to be analysed in the same field.
(6) In order to identify the nature of pollution and pollution parameters, representatives of the water undertaking and the Environmental Board have the right to get acquainted with the materials, substances and technology used in the production of the consumer, the water supply and sewerage facilities of the place of consumption and the pre-treatment plant.
(7) The persons specified in subsection 6 of this section have an obligation to keep the consumer’s business secret.
(8) A water undertaking is not required to inform the consumer of the time of the sampling of waste water and storm water if the water undertaking ensures that the sample is taken and analysed by an impartial third party or an impartial representative is invited to accompany the sampling and confirms their presence with a signature in the sampling report.
(9) The waste water and storm water sampling report is prepared in accordance with the requirements established on the basis of subsection 7 of § 236 of the Water Act.
§ 38. Assessment of compliance of waste water and storm water led off into public sewerage system
(1) Waste water and storm water led off into a public sewerage system is deemed to be temporarily non-compliant if the concentrations of hazardous substances or other pollution parameters in the taken spot sample exceed the limit values established on the basis of clause 3 of subsection 2 of § 34 or subsection 2 of § 36 of this Act.
(2) Where less stringent limit values than those established on the basis of clause 3 of subsection 2 of § 34 or subsection 2 of § 36 of this Act have been agreed in the connection agreement or service contract entered into between the consumer and the water undertaking, the limit values prescribed in the connection agreement or service contract are taken as the basis in assessing the conformity of waste water and storm water.
(3) Waste water and storm water led off into the public sewerage system are deemed to be permanently non-compliant if the concentration of the tested substance in four of the five spot samples exceeds the limit values established on the basis of clause 3 of subsection 2 of § 34 or subsection 2 of § 36 of this Act. The specified samples must be taken with a minimum interval of two days and with a maximum frequency of once per month.
(4) The choice of the sampling method and the determination of the concentration of the pollutant must be based on the representativeness of the sample and the characteristics and risks of the pollutant to the particular treatment plant into which the waste water is conducted.
§ 39. Accounting of quantities of drinking water sold and waste water and storm water led off
(1) The quantity of drinking water sold to the consumer from the public water supply system must be measured by a water meter installed by the water undertaking at the water metering unit of the water supply facilities of the place of consumption.
(2) The quantity of waste water led off into the public sewerage system and the quantity of waste water discharged pursuant to § 47 of this Act are accounted on the basis of the quantity of drinking water consumed or on the basis of another methodology for calculation or actual measurement results agreed between the water undertaking and the consumer, which make it possible to estimate the quantity of waste water led off into the public sewerage system or the quantity of waste water discharged most effectively.
(3) The quantity of storm water led off into the public sewerage system is accounted on the basis of the methodology established on the basis of clause 7 of subsection 2 of § 34 of this Act, taking into account, where necessary, the proportion of the hard-surfaced area of the immovable or another relevant indicator.
(4) The methodology referred to in subsection 3 of this section need not be followed if only the basic fee specified in clause 8 of subsection 1 of § 48 of this Act is taken into account.
§ 40. Bases for charging fee for pollution exceeding limit values
(1) If waste water or storm water led off into the public sewerage system is temporarily non-compliant within the meaning of subsection 1 of § 38 of this Act, or if less stringent limit values have been agreed in the connection agreement or service contract and a temporary non-compliance has been established in relation to the limit values specified in the connection agreement or service contract, the water undertaking has the right to charge the consumer a fee for pollution exceeding the limit values in accordance with the rules provided in clause 4 of subsection 2 of § 34.
(2) If waste water or storm water led off into the public sewerage system is permanently non-compliant within the meaning of subsection 3 of § 38 of this Act, or if less stringent limit values have been agreed in the connection agreement or service contract and a permanent non-compliance has been established in relation to the limit values specified in the connection agreement or service contract, the water undertaking has the right to charge the consumer a fee for pollution exceeding the limit values in accordance with the rules provided in clause 4 of subsection 2 of § 34 and to terminate the provision of the public water supply and sewerage service to that consumer in accordance with § 41.
§ 41. Termination of provision of public sewerage service in case of permanently conducting non-compliant waste water or storm water to public sewerage system
(1) A water undertaking may not terminate the provision of a public sewerage service in the case of permanently conducting non-compliant waste water or storm water to the public sewerage system until the consumer has been given a period of at least six months to restructure its production, change the production process or change the composition of the water conducted to the public sewerage system.
(2) Subsection 1 of this section is not applied if there is a danger to human health, the environment, the functioning of the public water supply and sewerage system or the treatment process.
(3) In the case specified in subsection 1 of this section, the water undertaking sends the consumer an appropriate notice together with the results of the analysis of the samples taken from the consumer’s connection point or inspection chamber.
(4) The consumer is obliged, within one month after receiving the notice specified in subsection 3 of this section, to submit a notice to the water undertaking about the planned measures and to agree on the person preparing an expert assessment about them.
(5) The expert assessment specified in subsection 4 of this section (hereinafter in this section expert assessment) must include at least:
1) an analysis of alternative measures;
2) the reasons for the preferred measure;
3) an action plan for the implementation of the preferred measure with a timetable;
4) an assessment of the additional costs incurred by the water undertaking upon the implementation of the measure.
(6) The expert assessment is the basis for amending the environmental permit or integrated environmental permit within the meaning of clause 2 of subsection 1 of § 59 of the General Part of the Environmental Code Act and the basis for relaxation of the limit values established for waste water pursuant to subsection 7 of § 128 of the Water Act, if it is established that the waste water conducted by the consumer to the public sewerage system may cause disruptions in the treatment process.
(7) The water undertaking applies, if necessary, on the basis of the expert assessment, for amendment of the environmental permit or integrated environmental permit for the duration of the implementation of the measures.
(8) In the case of relaxation of the requirements of the permit specified in subsection 6 of this section, it must be taken into account that:
1) the relaxation does not endanger the human life and health;
2) the relaxation is proportionate in the light of the objective it pursues and the circumstances requiring its urgent application and does not restrict the fundamental rights, freedoms or other rights protected by law beyond what is strictly necessary to achieve the relaxation objective.
(9) Taking into account the scope of the measures provided in the expert assessment, the Environmental Board may extend the period specified in subsection 1 of this section until the implementation of the measures, but not longer than for two calendar years from the day on which the consumer receives the notice specified in subsection 3.
(10) The period specified in subsection 1 of this section begins to run from the date of receipt by the consumer of the notice specified in subsection 3 of this section and its calculation is suspended for the time when the implementation of the activities provided in the action plan specified in clause 3 of subsection 5 is hindered by reasons beyond the control of their implementer.
(11) A consumer who fails to comply with the action plan contained in the expert assessment in accordance with the timetable is subject to the provisions on the unlawful use of the public water supply and sewerage system provided in § 43 of this Act.
§ 42. Suspension and cancellation of contract for provision of public water supply and sewerage service
(1) A water undertaking may suspend the performance of a service contract if the water supply and sewerage facilities of the place of consumption do not comply with the requirements for the construction and use of the water supply and sewerage facilities of the place of consumption provided in Chapter 7 of this Act and the non-compliance has not been eliminated within a reasonable period set by the water undertaking or the consumer has not paid invoices of at least one month to the water undertaking for the services used.
(2) Before suspending the performance of a service contract for the reasons provided in subsection 1 of this section, the consumer is sent an appropriate notice in a form reproducible in writing at the address of the place of consumption or at the address specified in the contract. The notice sets out the reason for the suspension of the service contract, the planned period of suspension of the public water supply and sewerage service and information on consumer rights and dispute resolution options.
(3) If a consumer who is a natural person has failed to pay the prescribed fee to the water undertaking, the water undertaking may suspend the provision of the public water supply and sewerage service 30 days after the notice specified in subsection 2 of this section is received.
(4) A water undertaking may suspend the performance of a service contract without notice if there is an accident in the water supply or sewerage facilities of the place of consumption or if their condition endangers the life or property of persons, or if substances are conducted to the sewerage facilities of the place of consumption that prevent the provision of the public sewerage service to other consumers.
(5) If the use of the public water supply and sewerage service is suspended for more than two years at the request of the consumer, the technical conditions provided in the connection agreement become invalid.
(6) The service contract may be cancelled if:
1) the consumer has changed;
2) the waste water or storm water conducted by the consumer to the public sewerage system does not comply with the requirements and the water undertaking has proceeded from the grounds for termination of the service provided in § 41 of this Act;
3) the conditions for using the public water supply and sewerage service change significantly due to the activities of the consumer;
4) the use of the public water supply and sewerage service is suspended at the request of the consumer for a period longer than two years;
5) the consumer has materially breached an obligation arising from the contract and has not remedied the breach within a reasonable term set by the water undertaking;
6) the consumer has used the public water supply and sewerage service unlawfully, including by leading off storm water into the public sewerage system without the permission of the water undertaking, or intentionally or through gross negligence, has damaged the seals or verification marks of the water meter or caused an accident at the waste water treatment plant.
(7) A water undertaking gives a notice of cancellation of the service contract at least 30 days in advance, except in the case provided in § 41 of this Act. The notice of cancellation sets out the basis for cancellation of the service contract and the date of termination of the contract.
(8) A consumer may cancel the service contract if they have notified the water undertaking thereof at least 30 days in advance and ensure that their existing alternative drinking water and waste water solution complies with the requirements provided in the Water Act.
(9) In the event of suspension or cancellation of a service contract on the bases provided in subsection 1 of this section or clauses 1–3, 5 or 6 of subsection 6, the local government ensures that the natural person has access to drinking water necessary for living in another manner if the person does not have the minimum quantity of drinking water necessary for living.
§ 43. Unlawful use of public water supply and sewerage service
(1) Extracting of water from a public water supply system and leading off of waste water and storm water via the public sewerage system is unlawful if there is no legal basis for doing so or if one of the following violations occur:
1) the seals placed by the water undertaking on the pipework, valves, or water or waste water metering unit have been damaged or removed, unless the removal has been permitted by the rules of the public water supply and sewerage system;
2) the verification mark of the drinking water or waste water meter is removed or spoiled;
3) a connection which enables water extraction has been installed before the water meter in the water supply facilities of the place of consumption;
4) waste water is being discharged without the permission of the water undertaking;
5) readings have been distorted;
6) storm water is led off into the public sewerage system without the permission of the water undertaking;
7) other activities are carried out for the purpose of using the public water supply and sewerage service without paying the established fee.
(2) A person who has unlawfully used the public water supply and sewerage service reimburses the water undertaking for the cost of the unlawfully used public water supply and sewerage service, the damage caused by the unlawful use and the reasonable expenses incurred by the water undertaking to repair the damage.
(3) The procedure for determining the volume and cost of unlawfully used public water supply and sewerage service are established by a regulation of the minister in charge of the policy sector.
§ 44. Use of public water supply and sewerage system in public interest
(1) Water from a fire-fighting water source located in the public water supply system is used on the grounds provided in the Fire Safety Act.
(2) Provided that the water is used for intended purposes, the cost of the water taken from a fire-fighting water source located in the public water supply system for the purposes of resolving a rescue event, testing a water source, maintaining public order or for training purposes is included in the price of the public water supply service.
(3) For the purpose of leading off and treatment of storm water from public roads, streets and squares via a public sewerage system, the owner or possessor of the land enters into a service contract with the water undertaking for that purpose, which establishes, among others, the procedure for the provision of the public water supply and sewerage service and the fee payable therefor in accordance with the price regulation set forth in Chapter 6 of this Act.
(4) If the fee payable to the water undertaking established by a contract specified in subsection 3 of this section, to which one of the parties is a local government, does not cover in full the costs necessary to provide that service, the costs not covered by the contract are included proportionately in the price of the public water supply and sewerage service.
§ 45. Acquisition and expropriation of assets in public interest
(1) In order to use structures necessary for ensuring smooth operation and development of the public water supply and sewerage system, local governments have the right to establish compulsory possession or to acquire, including expropriate, the structure on the grounds and in accordance with the rules provided in the Acquisition of Immovables in Public Interest Act.
(2) In addition to the grounds provided in the Acquisition of Immovables in Public Interest Act, a local government may apply for the acquisition, including expropriation, of the following assets in the public interest:
1) assets necessary for the provision of the public water supply and sewerage service, if the water undertaking does not fulfil the obligation to provide the service;
2) assets necessary for the provision of the public water supply and sewerage service, if the term set for the operation of a water undertaking has expired or the decision of the local government council has been revoked and there is no guarantee that the activities carried out on the basis of those assets will continue to be in compliance with this Act, thereby possibly endangering the provision of the public water supply and sewerage service.
(3) A local government may, in the circumstances provided in subsection 2 of this section, apply for the acquisition, including expropriation, of assets in the public interest only if it has previously given the owner of the assets a reasonable term to remove the circumstance, but the owner of the assets has not done so within that term.
(4) A local government has no obligation to give the term prescribed in subsection 3 of this section if the performance of this obligation may endanger the provision of the public water supply and sewerage service.
§ 46. Maintenance and control of public water supply and sewerage system
A water undertaking must ensure in its licensed territory the functioning and maintenance of the public water supply and sewerage system within the scope of the rules for the use of the public water supply and sewerage system and the administrative duty assigned on the basis of clause 1 of subsection 4 of § 24 of this Act.
§ 47. Organisation of discharge service
(1) For a person who is located in the waste water collection area with pollution load of 2000 population equivalent or more, but who does not have the opportunity to connect to the public sewerage service due to the lack of a public sewerage system, the water undertaking is obliged to arrange a discharge service at the request of the person.
(2) The provisions of subsection 1 of this section do not apply to an industrial or manufacturing undertaking.
(3) In order to organise a discharge service for a person specified in subsection 1 of this section, the water undertaking takes price quotes from the providers of the pumping out and removal service in its licensed territory and announces the best offer.
(4) A water undertaking does not provide the service of pumping out and removal of waste water itself if there is a provider in its licensed territory who would provide that service at a price equal to or lower than the cost price of the water undertaking.
(5) A water undertaking does not have to organise a discharge service for a person who has voluntarily refused to enter into the connection agreement or refused to pay the connection fee, or who has been provided with the possibility of connecting to the public sewerage system, but who has voluntarily refused to use the service.
(6) The service is provided to a person specified in subsection 1 of this section on the basis of a contract between the water undertaking and the person.
(7) The obligation to install a waste water collection tank lies with the person specified in subsection 1 of this section. The tank must be leak-proof and of a capacity enabling the collection of waste water generated over a period of at least two weeks.
(8) The compliance of the waste water collection tank with the requirements is ensured by the owner or possessor of the collection tank.
(9) The location of the waste water collection tank must be accessible to the vehicle providing the discharge service.
(10) A person specified in subsection 1 of this section is entitled to receive the discharge service on the grounds provided in subsection 2 of § 48 of this Act twice in one calendar month.
Chapter 6 Price of Public Water Supply and Sewerage Service
Subchapter 1 Principles of Pricing of Public Water Supply and Sewerage Service
§ 48. Fees for public water supply and sewerage service
(1) A water undertaking may charge the following fees to the consumer for the service provided:
1) a fee for extracted drinking water;
2) a fee for leading off waste water;
3) a fee for treatment of waste water;
4) a fee for leading off storm water;
5) a fee for treatment of storm water;
6) a basic fee for drinking water;
7) a basic fee for leading off and treatment of waste water;
8) a basic fee for leading off and treatment of storm water.
(2) In the case of the provision of the discharge service, the same cubic metre-based fee for the leading off and treatment of waste water as applies to a consumer connected to a public sewerage system in that licensed territory applies to the person specified in subsection 1 of § 47 of this Act.
(3) If a monthly basic fee applies in the licensed territory of a water undertaking, it also applies to the person specified in subsection 1 of § 47 of this Act.
§ 49. Specifications of fees for public water supply and sewerage service
(1) The fees for leading off and treatment of storm water specified in clauses 4 and 5 of subsection 1 of § 48 of this Act may be included in the fees for leading off and treatment of waste water, unless the person uses only one of the specified services.
(2) The fees for leading off and treatment of waste water specified in clauses 2 and 3 of subsection 1 of § 48 of this Act may be established as a single total fee if there are no consumers in the licensed territory of the water undertaking who use only one of the specified services and there is no other need to establish a separate treatment fee.
(3) The fee for treatment of waste water specified in clause 3 and the fee for treatment of storm water specified in clause 5 of subsection 1 of § 48 of this Act may differ depending on the degree of pollution of the water and the pollution group determined by the water undertaking.
(4) The pollution group is determined taking into account the impact of waste water and storm water on the functioning of the public sewerage system and the treatment process, the technological solution of the treatment plant and the design pollution load and actual pollution load of the treatment plant. The pollution group for the consumer’s waste water is determined on the basis of an averaged sample.
(5) The fee for leading off storm water specified in clause 4 of subsection 1 of § 48 of this Act may depend on whether storm water is led off into a combined sewer system or a separated storm water sewerage system.
(6) The fees specified in subsection 1 of § 48 of this Act may be established at different rates, taking into account the volumes of consumption of groups of consumers, the services used, the objective of sustainable use of drinking water supplies and the pricing principles provided in this Act.
§ 50. Bases for pricing of public water supply and sewerage service
(1) The price of the public water supply and sewerage service is designed in such a way that the water undertaking is able to:
1) cover its justified operating expenses;
2) comply with the environmental requirements;
3) make investments in order to ensure the sustainability and continuity of the existing public water supply and sewerage system;
4) make investments according to the public water supply and sewerage development plan, with the exception of investments received in the form of grant aid and investments made on account of the connection fees pursuant to subsection 3 of § 20 of this Act;
5) ensure justified profitability of the capital invested by the water undertaking.
(2) The price of the public water supply and sewerage service is calculated on the basis of the arithmetic average sales volume over the last three calendar years and on the basis of foreseeable changes in consumption. If necessary, an analysis is carried out to determine the sales volume.
(3) The price of the public water supply and sewerage service may not discriminate between different consumers or groups of consumers.
(4) The price of the public water supply and sewerage service may not be used to cover the costs covered by the connection fee.
(5) If a water undertaking provides the public water supply and sewerage service in several waste water collection areas or in several licensed territories, a common price of the public water supply and sewerage service may be established for all areas, taking into account the total costs of the water undertaking specified in subsection 1 of this section.
§ 51. Methodology for calculating price of public water supply and sewerage service
The Competition Authority develops and discloses on its website a recommended methodology for calculating the price of the public water supply and sewerage service.
§ 52. Costs of public water supply and sewerage service
(1) The costs to be included in the price of the public water supply and sewerage service must be justified, based on efficiency and enable the water undertaking to perform the duties provided for by law.
(2) The assessment of justified operating costs is based on the following:
1) cost dynamics over time and its comparison with the dynamics of the consumer price index;
2) analysis of the reasonableness of cost components, including expert assessments;
3) a comparison of the costs of the water undertaking and the statistical indicators calculated on the basis thereof with the costs of other similar water undertakings.
(3) The following costs are not included in the price of the public water supply and sewerage service:
1) the cost of doubtful receivables;
2) sponsorships, gifts and donations;
3) costs not related to the public water supply and sewerage service;
4) fines imposed on the undertaking under the legislation, as well as other financial obligations arising from the breach of the undertaking's obligations;
5) financial costs;
6) income tax expense on dividends;
7) other expenses that are not necessary for the fulfilment of the obligations imposed on the undertaking by law.
§ 53. Bases for accounting of fixed assets of public water supply and sewerage service
(1) The following are not included in the fixed assets of the public water supply and sewerage service:
1) long-term financial investments;
2) intangible assets, with the exception of computer software and licences necessary for the provision of the public water supply and sewerage service;
3) fixed assets acquired from connection fees;
4) fixed assets which are not used by the water undertaking for the provision of the public water supply and sewerage service;
5) fixed assets acquired with grant aid, taking into account the specifications provided in subsection 2 of this section.
(2) If the depreciation and justified profitability included in the price of the public water supply and sewerage service do not cover the loan obligations taken on reasonable terms for reinvestment in accordance with the lender’s requirements, the amount needed to cover the loan obligations is included in the price of the public water supply and sewerage service for a specified period.
(3) During the period of application of subsection 2 of this section, a water undertaking is prohibited from making distributions from equity to owners.
§ 54. Accounting of depreciation of fixed assets and justified profitability
(1) The justified profitability and depreciation of fixed assets to be included in the price of the public water supply and sewerage service are calculated on the basis of the fixed assets necessary for the provision of the public water supply and sewerage service.
(2) Depreciation of fixed assets is calculated on the basis of the value of the fixed assets needed to provide the public water supply and sewerage service and the depreciation rate corresponding to the technical useful life of the fixed asset.
(3) Justified profitability is calculated by multiplying the value of the fixed assets needed to provide the public water supply and sewerage service, plus the amount of working capital, by the weighted average cost of capital. It is not obligatory to include justified profitability in the price of the public water supply and sewerage service if the water undertaking so decides.
§ 55. Working capital
The amount of working capital specified in subsection 3 of § 54 of this Act is five per cent of the arithmetic average of the turnover of the public water supply and sewerage service in the last three calendar years. If necessary, an analysis is carried out to find the amount of working capital.
§ 56. Fee for pollution exceeding limit values
In addition to the price of the public water supply and sewerage service, a water undertaking may charge a fee for pollution exceeding the limit values if the concentrations of hazardous substances or other pollution parameters in the led off waste water or storm water exceed the limit values established in the connection agreement or service contract entered into between the water undertaking and the consumer.
Subchapter 2 Determination of Price of Public Water Supply and Sewerage Service
§ 57. Price application for public water supply and sewerage service
(1) A water undertaking submits a price application for the public water supply and sewerage service together with the price list of services related to the basic services, a description of the pollution groups determined on the basis of subsection 4 of § 49 of this Act and the documentation on which the price application is based to the Competition Authority for making a price decision.
(2) For the public water supply and sewerage service provided to another water undertaking, the water undertaking may charge the fee specified in subsection 1 of § 48 of this Act pursuant to the price decision of the Competition Authority. Until the price decision is received, a water undertaking is prohibited from unilaterally terminating or suspending the provision of the public water supply and sewerage service.
(3) A water undertaking is obliged to monitor the circumstances which are not dependent on its activities and affect the price of the public water supply and sewerage service and to notify the Competition Authority within 30 days of becoming aware of such a circumstance that may change the price of the public water supply and sewerage service by more than five percent during the financial year. The Competition Authority decides within 30 days after the receipt of such information whether and within which term the water undertaking must submit a new price application.
(4) When processing a price application, the Competition Authority is obliged to keep the business secrets of the water undertaking.
§ 58. Price decision for public water supply and sewerage service
(1) The Competition Authority verifies on the basis of § 57 of this Act that the price of the public water supply and sewerage service requested and the prices of services related to the basic services include only the justified costs and justified profitability prescribed in § 50 and ensure the continuity of the water undertaking and the proper provision of the service.
(2) Of the prices of services related to the basic services, a price decision covers only the prices of such services for which a water undertaking has a monopoly.
(3) The Competition Authority makes a price decision within 30 days after receiving a proper application. If an application is particularly complicated or requires more processing work than usual, the Competition Authority may extend the term for processing the application to up to 90 days, informing the applicant thereof before the original term expires.
(4) If a water undertaking applies for a change in the price of the public water supply and sewerage service only because of the changed price of the electricity to be purchased or of the water supply service purchased from another water undertaking, which affects the price of the water supply service by more than five percent, the Competition Authority makes a price decision within 15 working days after receiving a proper application.
(5) In the course of the processing of the price application, a water undertaking must allow the Competition Authority to check the accounting, reason the grounds for formation of the price of the public water supply and sewerage service and provide explanations about its economic activities.
(6) For on-site inspection of a water undertaking, the Competition Authority has the right to enter the territory, rooms and facilities of the water undertaking in the presence of a representative of the water undertaking, to examine relevant documents, other information and circumstances there, and to make excerpts, extracts and copies.
(7) The Competition Authority has the right to require additional information from the water undertaking and natural or legal persons related to the water undertaking and their representatives as well as from state agencies and their officials if the information necessary for making a price decision is not publicly available. The Competition Authority has the right described in this subsection also in respect of the local government and its officials.
(8) The Competition Authority seeks the opinion of the local government on the compliance of the investments reflected in the price application with the public water supply and sewerage development plan.
(9) The time limit for processing a price application is suspended if the Competition Authority has not been provided with the information requested by it that is required for establishing the price. The lack of a public water supply and sewerage development plan in a local government is not a reason for suspension.
(10) The price decision for the public water supply and sewerage service may be challenged in court by the consumer under the conditions and in accordance with the rules provided in the Code of Administrative Court Procedure.
(11) If the Competition Authority fails to establish the price of the public water supply and sewerage service on the basis of a price application submitted by a water undertaking, the water undertaking has the right to challenge the failure to establish the price in court under the conditions and in accordance with the rules provided in the Code of Administrative Court Procedure.
(12) A water undertaking pays a supervisory fee to the Competition Authority on the grounds of and in accordance with the rules provided in the Competition Act.
§ 59. Disclosure and implementation of price of public water supply and sewerage service
(1) At least 30 days before the price of the public water supply and sewerage service becomes effective, a water undertaking discloses the prices determined by the price decision on the basis of subsection 3 of § 58 of this Act. The water undertaking discloses the prices of the public water supply and sewerage service on its website and on the website of the local government and at least once in one of the local or county newspapers.
(2) A water undertaking implements the prices of the public water supply and sewerage service determined by the price decision within 60 days after receipt of the price decision, considering the requirements provided in subsection 1 of this section.
§ 60. Establishing of provisional price of public water supply and sewerage service
(1) The Competition Authority may establish a provisional price of the water supply and sewerage service for a water undertaking if the water undertaking provides the public water supply and sewerage service at a price that does not comply with the principles provided in §§ 50–55 of this Act. The provisional price established by the Competition Authority is valid until the Competition Authority makes a new price decision on the basis of a price application submitted by the water undertaking.
(2) When establishing a provisional price, the Competition Authority proceeds from the provisions of §§ 50–55 of this Act.
Chapter 7 Water Supply and Sewerage Facilities of Place of Consumption
§ 61. Requirements for construction and use of water supply and sewerage facilities of place of consumption
(1) The water supply and sewerage facilities of the place of consumption connected to the public water supply and sewerage system must be maintained by the consumer in such a way that they do not damage the public water supply or sewerage system, the environment and the property of other persons, or hinder the provision of public water supply and sewerage services.
(2) A consumer must allow the installation of a water meter on the constructed water metering unit of the water supply facilities of the place of consumption and ensure its operation and preservation under the conditions and in accordance with the rules provided in this Act and the rules for the use of the public water supply and sewerage system and the technical requirements of the water undertaking.
(3) The sewerage facilities of the place of consumption must have protection equipment for the prevention of floods at the waste water and storm water runoffs located below the headwater level of the public sewerage system.
(4) A local government may establish the requirements for the construction and use of the water supply and sewerage facilities of the place of consumption by the rules for the use of the public water supply and sewerage system, which are necessary for ensuring the functioning of the public water supply and sewerage system and for the protection of people, structures and the environment.
(5) A consumer must allow authorised representatives of the water undertaking to verify compliance with the requirements of this section.
Chapter 8 Storm Water Management Plan
§ 62. Storm water management plan and its content
(1) If a local government has not designated the systems of collecting and leading off storm water as part of the public water supply and sewerage system in accordance with clause 7 of subsection 1 of § 14 of this Act, the local government prepares a storm water management plan for its territory by catchment area.
(2) The content of the storm water management plan must comply with the requirements concerning storm water established on the basis of clauses 1, 2, 4–10 and 14 of subsection 1 of § 14 of this Act.
(3) The storm water management plan is approved by a regulation of the local government council.
§ 63. Preparation and disclosure of storm water management plan
(1) The provisions of subsections 1, 2 and 4 of § 15 of this Act apply to the preparation and disclosure of storm water management plans.
(2) Storm water management plans are coordinated with the Agriculture and Food Board.
§ 64. Development of storm water systems
If the structures and equipment for leading off storm water have not been designated as part of the public water supply and sewerage system, the structures and equipment necessary for leading off storm water are constructed, maintained and developed on the basis of a storm water management plan.
§ 65. Service contract for leading off storm water
(1) Where a local government has regulated the construction and use of the structures and equipment necessary for leading off storm water by means of a storm water management plan, a service contract for leading off storm water is entered into with the person designated by the local government in accordance with the rules prescribed in the storm water management plan.
(2) The requirement for the form provided in subsection 2 of § 35 of this Act applies to the service contract specified in subsection 1 of this section.
Chapter 9 State Supervision
§ 66. Competence of state supervision
(1) State supervision (hereinafter supervision) over compliance with the requirements provided in this Act and legislation established on the basis thereof is exercised by the local government, the Competition Authority, the Environmental Board and the Health Board to the extent of their competence.
(2) Supervision over compliance of drinking water quality with the requirements provided in the Water Act is exercised by the Health Board.
(3) Supervision over compliance of the price of the public water supply and sewerage service and the connection fee with the legislation is exercised by the Competition Authority.
(4) Supervision over compliance of the water undertaking with the requirements for accounting, price regulation of the public water supply and sewerage service and investments provided in this Act is exercised by the Competition Authority.
(5) Supervision over compliance of the activities of the water undertaking and the consumer with the requirements for the handling of hazardous substances and over the submission of appropriate information is exercised by the Environmental Board.
(6) Supervision over the proper use of the public water supply and sewerage system, including the conducting of prohibited substances to the public sewerage system, is exercised by the Environmental Board.
(7) Supervision over compliance of the activities of the water undertaking with this Act and the legislation of the local government and compliance of the conditions set by the water undertaking in the connection agreement and service contract with the requirements of this Act is exercised by the local government.
(8) Supervision over compliance of the price of the public water supply and sewerage service with the public water supply and sewerage development plan is exercised by the local government.
(9) Supervision over compliance with the requirements provided in subsections 1–3 and 5 of § 61 of this Act is exercised by the local government.
(10) Supervision over connection to an established public water supply and sewerage system, including unlawful connection, is exercised by the local government.
§ 67. Special state supervision measures
A law enforcement agency may apply the special state supervision measures provided in §§ 30, 31, 32, 49, 50 and 51 of the Law Enforcement Act for exercising the state supervision provided in this Act on the grounds and in accordance with the rules provided in the Law Enforcement Act.
§ 68. Non-compliance levy rate
Upon failure to comply with a precept, the upper limit of the non-compliance levy imposed in accordance with the rules provided in the Substitutional Performance and Non-Compliance Levies Act is 32,000 euros.
Chapter 10 Liability
§ 69. Conducting of hazardous or prohibited substances to public sewerage system
(1) Conducting of hazardous substances in quantities or concentrations exceeding the limit values or conducting of prohibited substances to the public sewerage system –
is punishable by a fine of up to 300 fine units.
(2) The same act, if committed by a legal person, –
is punishable by a fine of up to 400,000 euros.
§ 70. Provision of public water supply and sewerage service at price different from price decision
(1) Provision of the public water supply or sewerage service at a price different from that determined in the price decision –
is punishable by a fine of up to 300 fine units.
(2) The same act, if committed by a legal person, –
is punishable by a fine of up to 400,000 euros.
§ 71. Unlawful connection to and unlawful use of public water supply and sewerage system
(1) Unlawful connection to a public water supply or sewerage system, or unlawful extraction of water from a public water supply system or unlawful leading off of waste water or storm water using a public sewerage system –
is punishable by a fine of up to 300 fine units.
(2) The same act, if committed by a legal person, –
is punishable by a fine of up to 400,000 euros.
§ 72. Proceedings
(1) Extra-judicial proceedings concerning the misdemeanours provided in § 69 of this Act are conducted by the Environmental Board.
(2) Extra-judicial proceedings concerning the misdemeanours provided in § 70 of this Act are conducted by the Competition Authority.
(3) Extra-judicial proceedings concerning the misdemeanours provided in § 71 of this Act are conducted by the rural municipality or city government.
Chapter 11 Implementing Provisions
Subchapter 1 Implementation of Act
§ 73. Prices of services
(1) If a water undertaking has established different prices of the public water supply and sewerage service for legal and natural persons, it undertakes to bring the prices into conformity with the principle of equal treatment within three years after the entry into force of this Act.
(2) The prices of the public water supply and sewerage service in force upon the entry into force of this Act remain in force until new prices are established.
(3) The provisions of subsection 4 of § 58 of this Act do not apply where a water undertaking applies for a change in the price of the water supply service approved by the local government.
§ 74. Validity and application of agreements and contracts
(1) Agreements and contracts entered into between local governments and water undertakings and between water undertakings and consumers prior to the entry into force of this Act are valid in so far as they are not contrary to this Act.
(2) The provisions of subsection 4 of § 5 of this Act also apply to the connection agreements entered into prior to the entry into force of this Act.
(3) The contract specified in subsection 3 of § 44 of this Act must be entered into no later than on 30 September 2023.
§ 75. Application of requirements for persons competent to operate drinking water and waste water treatment facilities
The requirement for competence specified in § 32 of this Act applies from 1 January 2025.
§ 76. Bringing of rules and plans into conformity
The public water supply and sewerage development plan specified in § 13, the rules specified in subsection 1 of § 18 and subsection 1 of § 34 and the storm water management plan specified in subsection 1 of § 62 of this Act must be prepared or brought into conformity with the requirements of this Act by 1 January 2024.
Subchapter 2 Amendment and Repeal of Acts
§ 77. – § 78. [The provisions amending other Acts omitted from translation.]
§ 79. Repeal of Public Water Supply and Sewerage Act
The Public Water Supply and Sewerage Act (RT I 1999, 25, 363) is repealed.
Subchapter 3 Entry into Force of Act
§ 80. Entry into force of Act
(1) This Act enters into force on 1 July 2023.
(2) Section 47 of this Act enters into force on 1 January 2025.
Jüri Ratas
President of the Riigikogu
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