ORDER OF THE MINISTRY OF ECOLOGY OF THE CONSTRUCTION AND DEVELOPMENT OF THE TERRITORIES OF THE REPUBLIC OF MOLDOVA

of July 7, 2003 No. 163

About approval of the Technique according to damage caused to the environment as a result of violation of the water legislation

For the purpose of regulation and enhancement of the regulations relating to carrying out the state environmental control, stimulation of implementation in the Republic of Moldova of clean technologies, preventions of pollution and increase in efficiency of compensation of losses of natural resources as a result of the caused damage I ORDER:

1. Approve "Technique according to damage caused to the environment as a result of violation of the water legislation" (appendix N 1).

2. The state ecological inspection within 10 days to provide the above-named technique to the Ministry of Justice for conducting legal examination and state registration according to the Order of the Government of the Republic of Moldova N 1104 of November 28, 1997.

3. Enact this technique from the date of publication in the Official monitor of the Republic of Moldova.

4. Exclude item 43 from "The list of the normative and technical documents in the field of ecology provided to approval as the specifications and technical documentation, existing in the territory of the Republic of Moldova", appendix to the order of Department of environmental protection of the Republic of Moldova N 2 of 18.02.1997. "About legalization of the list of documents in the field of environmental protection".

Technique according to damage caused to the environment as a result of violation of the water legislation

I. General provisions

1. The technique according to damage caused to the environment as a result of violation of the water legislation (in dalneyshemmetodik) is developed in pursuance of provisions of Art. 27 (1b), 32(e) and 91 Laws N 1515-XII of 16.06.1993 on environmental protection, Art. 90 (1)f and 109 Water codes N 1532-XII of 22.06.1993.

2. The technique establishes the main requirements to methods of calculation of damage and is applied when implementing the state control in the field of protection and rational use of water resources when as a result of pollution the extreme or catastrophic ecological situation on the catchment area or in water ecosystem was created.

3. Damage caused as a result of violation of the water legislation is compensated by physical, legal, including foreign persons, as a rule, in full.

4. Perpetrators can perform compensation of damage in dengakhperechisleniy the corresponding amount of ecological fund, compensation by material values or accomplishment of nature protection actions in the amount of, equal to damage size, according to Art. 84 of the Law N 1515-XII of 16.06.1993 on environmental protection.

5. The damage caused to health of the population, fish resources, fauna, constructions is not assessment subject by means of this technique.

6. The technique is obligatory for inspectors of environmental protection and persons authorized by the inspection rights in the field of environmental protection.

7. Terms and determinations

(a) Surface water - the waters which are on land surface in the form of different water objects - waterways, water storage basins, lakes, swamps, canals, reservoirs - water intakes of the exhaust contaminated waters or pollutants.

(b) Sewage - the waters which are taken away after use in household and productive activity of the person. Drainage soil, taken away with the drained, irrigated lands, and also the superficial drain from the contaminated territories which resulted from loss of atmospheric precipitation.

(c) Atmospheric waters - the waters formed as a result of loss of atmospheric precipitation.

(d) The water contaminated - the contaminated water as a result of intake of pollutants from different human activities with deterioration in physical, chemical, biological or microbiological properties which are estimated by quality regulations.

(e) Catchment basin - part of the land surface, thickness of soils and rocks from where water arrives to water object.

(f) Threshold limit value of substance in water (maximum allowable concentration) concentration of individual substance (microbes) in water above which water is unsuitable for the established water use type. In case of concentration of substance equal or smaller water remains to maximum allowable concentration same harmless to all live, as well as water in which completely there is no this substance.

(g) Background concentration and/or background temperature - the concentration of substance (microbes) in water (water temperature) calculated in relation to this source of impurity (the dumped hot water) in background alignment of water object under settlement hydrological conditions, considering influence of all sources of impurity, except for this source.

(h) The Maximum Permissible Dumping (MPD) - the mass of substance in returnable water, the most admissible to assignment with the set mode in this Item of water object in unit of time for the purpose of ensuring regulations of quality of water in control alignment or not deteriorations in the created quality of water if it is worse normative.

(i) The Temporarily Approved Dumping (TAD) - VSS of substances with sewage and the period of its action is approved by bodies of environmental protection in case of failure to provide of PDS and is established by the best results of dumping of pollution achieved by the water user.

(j) Dumping - in relation to pollutants or sewage which are dumped, infiltrutsya or flow down with above-standard concentration from POS or other constructions.

(k) Dumping volley (emergency) - dumping of pollutants in concentration, components more than 100 maximum allowable concentrations are direct in vodoyemyvodopriyemnik or on surface of catchment basin.

(l) Infiltration - the infiltration happening on time, penetration of sewage, pollution in soils movement down in the water-bearing horizons.

(m) Nature protection constructions (POS) - stations of biological, physical and chemical and mechanical purification of production and household sewage, constructions on sewage treatment, including fields of filtering, polygons of placement of municipal solid waste and installation for disinfecting of harmful industrial wastes, systems of the sewerage of the cities, systems of the sewerage, collectors for removal of sewage, including drain of atmospheric waters, stations of preliminary cleaning (benzomasloulovitel), stations of neutralization, floatation installations, sewer pumping points, reception reservoirs, cesspools, truck tanks, water supply systems with the closed cycles, systems of accumulating and/or hydraulic washout of manure, etc.

(n) Pollution of waters - the process leading to chemical, microbiological change of composition of waters, and also their properties as a result of dumpings into reservoirs - the water intakes of pollution, and also hot water which are (thermally contaminated). If as a result of dumpings extent of exceeding of the actual maximum content of pollutants in relation to admissible values for water intake conforms to requirements of table N 1 of appendices to the Technique, then the condition of water ecosystems belongs to extreme ecological condition or environmental disaster.

(o) Damage - losses of natural resources and costs in value term for their compensation and recovery caused to the state or the owner deprivation of their opportunity to perform different water managing as a result:

- water quality degradations by exceeding of content in it different pollutants in relation to its natural condition, or exceeding of concentration of pollutants, admissible permissions in control alignment of water intake when as a result of pollution the extreme situation, or condition of ecological disaster was created on the catchment area or in water ecosystem;

- the destructions of water management constructions which brought to state of impossibility of their operation according to the technical and operational rules approved in accordance with the established procedure.

(p) Ground waters - the groundwater placed to the water-bearing horizon, the first from the Earth's surface, which supply springs, wells, etc.

(r) Pollutant - the substance contaminating air, water, the soil, the habitat.

(s) Service regulations - the normative and technical document approved in accordance with the established procedure including number of the rules developed when implementing commissioning and adjustment work or operation of POS taking into account requirements of the current legislation and normative and technical acts.

(t) Control alignment - the place where the expense is measured and tests of water, deposit, suspensions for laboratory analyses are selected. For dumpings of pollutants sampling is performed at the exit from POS, and in case of direct dumpings in reservoir, water intake dumping points are lower.

(u) Background alignment - the place in which are determined background concentration of substance in water intake water, located above or out of zone of influence of the considered pollution source at the rate of waterway, reservoir.

(v) The Free Minimum of the Income (FMI) - personal release of citizens (lei), established by the Tax code N 1163-XIII of 24.04.1997. The NMD size is periodically specified depending on the rate of inflation of national currency.

II. Basic provisions in case of assessment and compensation of damage caused to the environment as a result of violation of the water legislation

Cases and conditions under which damage caused to the environment as a result of violation of the water legislation is assessed and compensated.

8. Damage caused to the environment as a result of violation of the water legislation is estimated and compensated compensated) by perpetrators in case:

(a) Emergency dumpings and/or excesses of the approved regulations of concentration in the dumped sewage of specific pollutants for production, atmospheric and household sewage, and/or with above-standard content: oil products, toxic salts of heavy metals (copper, iron, chrome-IV, zinc, fluorine, cyanides), СПАВы, pesticides, organic substances on HPK-Sr, the liquid toxic and weighed substances, solid particles, garbage (waste and insoluble pollutants), the acids and/or the bases leading to increase or lowering рН. If such dumpings take place, in formula of calculation of damage the environmental protections of value of concentration of pollutants permitted by bodies are applied. Coefficient To are determined on таб. N 1, 2 of appendices to the Technique depending on extent of exceeding of maximum allowable concentration of fishery or hygienic appointment. If the actual concentration of pollutants make values less 1g/m 3, that extent of exceeding of maximum allowable concentration is determined by division of value of the actual concentration into maximum allowable concentration;

(b) Dumpings with exceeding of maximum allowable concentration of not permitted pollutants and/or not specified in permissions to special water use or in regulations of PDS (VSS). If such dumpings in formula of calculation of damage take place, then value of concentration of pollutants, admissible by fishery or hygienic requirements depending on category of vodoyemapriyemnik of sewage is applied. In these calculations of maximum allowable concentration of the weighed substances in natural waters is accepted on таб. N 8, of item D (1) from Appendices to the Technique. Coefficient To are determined by analogy of the item 8 (a)

(c) Dumpings of sewage from nature protection constructions (POS) from which dumping of sewage is structurally not provided or it is not resolved. If such dumpings took place, then in formula of calculation of damage admissible concentration of pollutant is accepted equal to zero Cn=0 g/m 3, and the coefficient To is determined on таб. N 1, 2 of appendices to the Technique, depending on the extent of exceeding of maximum allowable concentration equal to value of the actual maximum concentration of pollutant. If the actual concentration of pollutants make values less 1g/m 3, that extent of exceeding of maximum allowable concentration is determined by division of value of the actual concentration into maximum allowable concentration;

(d) Losses, leakages from POS and/or infiltrations in the soil or in the water-bearing horizon of sewage, liquid pollutants. If such losses, leakages and/or infiltrations are fixed, then in formula of calculation of damage the coefficient To is determined in таб. N2 from appendices to the Technique, depending on extent of exceeding of the maximum allowable concentration of hygienic requirements accepted equal to value of the actual maximum concentration of pollutant. If the actual concentration of pollutants make values less 1g/m 3, that extent of exceeding of maximum allowable concentration is determined by division of value of the maximum actual concentration into maximum allowable concentration;

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