1 WATER PROTECTION JUDr. Ilona Jančářová, Ph.D. SOURCES OF LEGAL REGULATION Act N. 254/2001 Coll., Water Act - legal nature of waters - use and protection of surface water bodies and ground waters as to their quality and quantity - establishment and protection of waterworks - protection against floods SOURCES OF LEGAL REGULATION Act N. 258/2000 Coll., Public Health Protection Act - quality of drinking water - quality of water in public pools 2 SOURCES OF LEGAL REGULATION Act N. 164/2001 Coll., Balneology Act - sources of mineral water - natural curing spas and balneotherapeutic places SOURCES OF LEGAL REGULATION Act N. 274/2001 Coll., Water Supply and Sewage Act - drinking water supply - sewage system - indirect discharge – the one, which is not discharged to the surface water body, but into waste water treatment facility SOURCES OF LEGAL REGULATION Act No. 114/1995 Sb., on inland navigation 3 Different kinds of waters Surface waters Ground waters Waste waters Mineral waters Mining waters LEGAL NATURE OF WATERS Surface and ground waters are "res nullius" DIFFERENT USE OF WATERS Utilization of energetic potential of waters Navigation Consumption for different purposes Waste water discharge Fish and poultry production and others 4 DIFFERENT WAYS OF WATER POLLUTION • Waste water discharge • Hazardous substances management • Industrial and other accidents AIM OF THE REGULATION - to protect inland waters - to regulate their use - to maintain and improve the quality of surface and ground waters - reduce unfavorable effects of floods and droughts - to protect waterworks and to keep them safe REGULATORY TOOLS • Administrative instruments • Setting of limitations and standards • Protected and protective areas • Bans and duties of persons • Water planning – river basin plans and program of measures • Monitoring, reporting and record-keeping 5 REGULATORY TOOLS • Authorization • Economic tools • Sanctions • River basin administration • State administration ADMINISTRATIVE INSTRUMENTS • permits • approvals • opinions. LIMITATIONS AND STANDARDS • Effluent limitations • Water quality standard 6 SPECIAL AREA PROTECTION • Areas protected for natural water accumulation • Protective areas • Sensitive areas • Vulnerable areas • Waters suitable for swimming • Surface waters supporting fish BANS AND DUTIES • to protect inland waters, • to apply the best available technology, • to furnish all buildings with a water supply and adequate technology to dispose waste waters • requirements for handling dangerous substances • reporting and emergency requirements • and others WATER PLANNING • the plan of the main river basins • regional plans of river basins • programmes of measures to be taken • the action programmes • pollution reduction programmes. 7 ECONOMIC TOOLS The fees are imposed for: - waste water discharge - drawing the ground water - drawing the surface water. SANCTIONS • corrective measures, • fines up to 20 million crowns, • termination of the operation. RIVER BASIN ADMINISTRATION Watercourse administrators - state organizations (enterprises) taking care of river basins and significant watercourses. Smaller watercourses are taken care of by municipalities or other persons who use it in a prevailing manner and were designated by the Ministry of Agriculture 8 STATE ADMINISTRATION Ministry of the Environment - state supervision - problems with water pollution Ministry of Agriculture - central water law authority - mainly quantity of the water Ministry of Health, hygienists Ministry of Transportation Water law offices Czech Environmental inspectorate