See what changes the new Public Water Supply and Sewerage Act will bring to companies
On 1 July this year, the new Public Water Supply and Sewerage Act enters into force, which inter alia affects companies who use the Public Water Supply and Sewerage Service. For example, the new Act requires certain companies to notify the Environmental Board of the management of hazardous substances in the public sewerage system, and some companies must set up a pre-treatment facility. In the following, we will highlight the most important changes for industrial and other enterprises that consume public water supply and sewerage services.
More detailed rules for the management of hazardous substances and other pollutants in public sewerage systems will apply
Under the new Act, it is prohibited to direct waste, including hazardous waste and solid components causing blockages and in the content exceeding the limit values and in the amount of hazardous substances which damage or inhibit the functioning of public sewerage systems or waste water treatment plants or the state of the environment (see subsection 36 (1)), into public sewerage systems.
The list of dangerous substances and the limit values for their content shall be established by a regulation of the Minister of the Environment (see subsection 36 (2)). The limit values of the pollution indicators of waste water and rain water managed by a public sewerage system, except dangerous substances, are included in the rules for the use of public water supply and sewerage system established by a regulation of the local government (see § 34 (2) 3). Other verifiable pollution indicators may be established by a water undertaking (see subsection 37 (4)). Water undertakings and consumers are still allowed to agree on less stringent norms than established by the rules for the use of public water supply and sewerage systems or by a regulation of the Minister of the Environment (see subsection 19 (5)).
If an enterprise directs prohibited substances or other substances into the public sewerage system in an amount or content exceeding the permitted amount, the water undertaking has the right to demand compensation for pollution charges and damage exceeding the limit value pursuant to the procedure provided for in the Law of Obligations Act (see subsection 36 (6)).
In certain cases, companies will be obliged to set up a pre-treatment facility
If the content of hazardous substances in the waste water or storm water or other pollution indicators of an enterprise exceed the previously specified limit values or if the pollution indicators of waste water managed by a public sewerage system for which no limit values have been determined are so high that they may damage the structures or equipment of the public sewerage system, the waste water treatment process or the state of the environment, the enterprise is required, pursuant to the new Act, to use pre-treatment before directing waste water and storm water into the public sewerage system or to take other measures to bring the waste water and storm water into compliance with the requirements, unless otherwise agreed with the water undertaking (see subsection 36 (3)).
Environmental Board shall be notified of the management of dangerous substances in the public sewerage system
An industrial or production undertaking with the obligation to hold an environmental permit or integrated environmental permit and which uses hazardous substances in its activities which are managed by a public sewerage system shall notify the Environmental Board of the amount and content of the emissions of such substances together with the methodology for calculation thereof once a year through the environmental decisions information system (see subsection 36 (4)). The relevant information is also sent from the Environmental Board to the water undertaking.
If an industrial or production undertaking subject to an environmental permit or integrated environmental permit adopts a new hazardous substance in its area of activity or technology which is not included in the list of hazardous substances established by a regulation and manages it in a public sewerage system, the industrial or production undertaking shall also promptly notify the Environmental Board thereof (see subsection 36 (5)).
An industrial or production undertaking is a legal person in private or public law engaged in industrial or other production pursuant to the new Public Water Supply and Sewerage Act. For example, various chemical, food and manufacturing industries are industrial and manufacturing companies. Enterprises engaged in resale or servicing alone are not deemed to be industrial and manufacturing activities. Therefore, the industrial and manufacturing company is not, for example, a hairdressing workshop, a shop and a car repair shop (see section 9).
The new Act provides for more detailed rules for controlling pollution of waste water and storm water
The waste water and storm water directed to the public sewerage system shall comply with the limit values for the content of hazardous substances and other pollution indicators at any time (see subsection 37 (3)).
The pollution of waste water and rain water directed to the public sewerage system shall be verified 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 must be taken from the nearest location suitable for sampling (see subsection 37 (2)).
Samples taken for control purposes may only be taken by a person certified in the field of waste water and samples must be analysed in an accredited laboratory for determination of the parameters analysed in the same field (see subsection 37 (5)). According to the new Act, a water undertaking is not required to notify the consumer of the time of taking a waste water and storm water control sample if the water undertaking ensures that the sample is taken and analysed by an impartial third party or an impartial representative is invited to take the sample, who confirms their presence in the sampling protocol with a signature (see subsection 37 (8)).
The new Act also provides that in order to clarify the nature of pollution and the pollution indicators, the representatives of the water undertaking and the Environmental Board have the right to examine the materials, substances and technology used in the production of the enterprise, the water supply and sewerage system of the place of consumption and pre-treatment facilities (see subsection 37 (6)).
Detailed requirements for assessment of compliance of waste water and storm water with requirements will enter into force
The new Act sets out in greater detail the conditions under which waste water and storm water directed into a public sewerage system is temporarily non-compliant and when it is permanently non-compliant. The distinction between temporary and permanent non-compliance will be important in the future, as the consequences for a company whose waste or rainfall does not comply with the requirements will be depending on it.
The waste water and storm water directed into a public sewerage system is temporarily non-compliant according to the new Act if the content of hazardous substances or other pollution indicators of the spot sample taken exceed the limit values established by the rules for the use of public water supply and sewerage system or a regulation of the Minister of the Environment (see subsection 38 (1)). If a contract entered into between a consumer and a water undertaking determines less stringent limit values than the limit values previously referred to, the parties shall proceed from the limit values prescribed in the contract (see subsection 38 (2)).
Waste water and storm water are permanently non-compliant if the content of the test substance in four of the five spot samples exceeds the limit values established by the rules for the use of public water supply and sewerage system or a regulation of the Minister of the Environment. These samples must have been taken most often two days apart and less frequently once a month (see subsection 38 (3)).
In the case of both temporary non-compliance and permanent non-compliance, the water undertaking has the right to charge the consumer a fee for pollution exceeding the maximum level (see section 40). The procedure for calculation of the fee charged for pollution exceeding the limit values shall be included in the rules for the use of public water supply and sewerage system established by a regulation of the local government council (see subsection 34 (3) 4). Upon management of a public sewerage system for waste water and storm water which does not comply permanently, the water undertaking has the right to terminate the provision of the public water supply and sewerage service.
Water undertaking will obtain the right to terminate provision of service to the enterprise
As one of the important amendments, the new Public Water Supply and Sewerage Act grants the water undertaking the right to terminate the provision of the public water supply and sewerage service to the enterprise if the following conditions are met. Firstly, the waste water or storm water directed to the public sewerage system by the enterprise must be permanently non-compliant. Secondly, the water undertaking must give the enterprise a period of at least six months in order to enable the enterprise to reorganise production, change the production process or change the composition of the water directed into the public sewerage system (see subsection 41 (1)). Such a time limit is necessary for an enterprise to be able to build, for example, a pre-treatment plant or a waste water harmonisation tank, replace hazardous substances or build an industrial treatment plant separate from a municipal waste water treatment plant.
The enterprise must, within the first month, submit to the water undertaking a notice of the proposed measures and agree on the person drafting the expert assessment of the measures (see subsection 41 (4)). The Environmental Board may extend the term of six months until the implementation of the measures, but not for longer than two years, taking into account the volume of the measures specified in the expert assessment (see subsection 41 (9)). By way of derogation, a water undertaking need not grant a term of six months before the termination of the provision of the service if the management of a public sewerage system for waste water or storm water which does not comply permanently poses a risk to human health, the environment, the functioning of the public water supply and sewerage system or the treatment process (see subsection 41 (2)).
New Act contains rules for the suspension and cancellation of the performance of a service contract
The current Act does not regulate the suspension of the performance of a public water supply and sewerage service contract or cancellation of the contract. To a certain extent, the rules for the use of public water supply and sewerage have been established by the local authorities related to the service contract, but it varies from region to region and in some local authorities there is no provision at all.
Pursuant to the new Act, a water undertaking may suspend the performance of a service contract if the water supply and sewerage system of the place of consumption do not comply with the requirements provided by law and the consumer has not eliminated the non-conformity within a reasonable term granted by the water undertaking or has an invoice for at least one month which has not been paid to the water undertaking (see subsection 42 (1)). A water undertaking may also suspend the performance of a service contract without notice if the water supply or sewerage system of the place of consumption has an accident or if their condition endangers the life or property of persons or if substances which prevent the provision of the public sewerage service to other consumers are discharged into the sewerage system of the place of consumption (see subsection 42 (4)).
The new Act also contains a list of situations when a water undertaking may cancel a public water supply and sewerage service contract. A water undertaking may cancel a contract if the consumer has changed, the waste water or storm water directed into the public sewerage system of the consumer does not comply permanently with the requirements, the conditions of use of the public water supply and sewerage service change significantly due to the activities of the consumer, the use of the service is suspended at the request of the consumer for a period of longer than two years, the consumer has materially violated the obligation arising from the contract and has not remedied the violation within a reasonable period of time provided by the water undertaking, the consumer has used the service illegally, including directed storm water without the permission of the water undertaking into the public sewerage system, or intentionally or due to gross negligence damaged the seals or verification markings of the water meter or caused an accident of the waste water treatment plant (see subsection 42 (6)). According to law, a water undertaking must notify of the cancellation of the contract at least 30 days in advance, except in the case where the waste water or storm water does not comply permanently with the requirements (see subsection 42 (7)).
Obligation to connect to a public sewerage system
The current Act does not explicitly prescribe the obligation to connect to a public water supply and sewerage system in a waste water collection area, but the new Act clearly states that the owner of the place of consumption has the obligation to connect to the existing public water supply and sewerage system if a proper connection point has been built for this purpose (see subsection 17 (3)).
By way of derogation, the owner of a place of consumption does not have a connection obligation if the supply of drinking water and the collection and treatment of waste water are ensured in another manner which complies with the requirements established on the basis of the Water Act (see subsection 17 (4)). The connection obligation also does not apply to industrial and manufacturing undertakings (see subsection 17 (5)).
The new law will enter into force on 1 July
The new Public Water Supply and Sewerage Act enters into force on 1 July this year. Contracts entered into between a water undertaking and a consumer before the entry into force of the new Act are valid insofar as they are not in conflict with the new Act (see subsection 74 (1)). The new law can be fully read HERE.
If you have any questions about the new Public Water Supply and Sewerage Act, please contact the lawyers of the Chamber by e-mail juristid@koda.ee.