WORKSHOP PAPERS
Other regulations directly or indirectly related to water protection refer to the above mentioned and include:
At this point I wish to remark that many of the laws and regulations listed above are inadequate to the current conditions of the market economy, and require amendment. This is all more reason, however, to mention and briefly characterize them.
The Water Act (1), although in force for more than twenty years (since April 1, 1975), is, according to many domestic and foreign experts, modern and progressive. Nevertheless, it requires modification, due to the changed social and economic conditions. The third part of the Water Act (¤¤ 17-27) directly ensures the protection of water. As regards its implementation, however, one infringement was common during the former political system - namely, the provision under ¤4 chapter 3 was often ignored. This provision obliged investors to assure the integrity of the drinking water supply and the transfer or neutralization of sewage at all construction and industrial sites, for example, housing estates, industrial sites and other facilities. This was to be done in such a way that the quality of surface and ground waters would not be harmed. Municipalities were prohibited from authorizing any construction project where this provision would not be realized. However, the provision was rarely enforced, resulting in excessive levels of pollutant discharge through until the end of the 1980s. To maintain the legacy, government exemptions were frequently issued authorizing waste water discharges contrary to the law, and in some exceptional cases even justified on the basis of public interest. Such discharges were allowed only for limited periods - until the construction of the given water treatment facility was completed - and were to be realized under the special conditions prescribed. But this procedure was also often neglected, as illustrated by the number of applications for government exemptions repeatedly made by the same organizations, i.e., those releasing waste water continually.
In 1993, the Act No. 234/1993 of the Slovak National Council (14) amended the Water Act (1) and the Act on State Control (2). This act dissolved the legal institute which had issued the above government exemptions, and passed the responsibility for issuing permits for waste discharges to the state environment authorities, thereby undoing a key practice related to the earlier statute which had run counter to the law. These moves, together with others now being enforced or under preparation, will create a situation whereby sewage discharge will indeed be realized under the terms of the law in force.
Intensive efforts are now underway to draft a new Water Act which will fully enforce state control over water protection. The construction and operation of public water mains and sewer systems covering drinking water supplies and the discharge of sewage, is to be extracted from the above-mentioned act and will become (upon agreement with the Ministry of Agriculture) the subject of a separate law.
Compared to the law still in force, the new statute will regulate the responsibilities of water control authorities over specific water resources (for example, mineral, medicinal/natural, and ground water), authorizing them to issue permits for the management of such resources. The law also mandates the continued operation of those institutions responsible for issuing permits for the use of surface and ground water, for sewage discharge, for the construction of hydro-industrial facilities, and for other projects and activities affecting water resources. It also ensures the continued responsibility of those institutions, who with regards hydro-industrial projects, determine whether, and under what conditions, a given project may be realized.
The new law will strengthen water pollution prevention by authorizing the state authorities to establish acceptable pollution and discharge limits conforming to accepted standards. The protection of water resources will also be considered.
The existing regulation on river management (11) is being extended by transferring the responsibility for rivers to institutions specializing in water management. These institutions will perform this role in such a way that the rivers maintain all their important functions, while according much attention to environmental protection.
Charges imposed for breach of regulations will also be reinforced and the present regulation (13) will be replaced. The new law will provide in detail the range of fines to be imposed by water authorities and for what activities.
The Act on State Administration of the Environment (2) is relatively new. One of its important contributions was the foundation of a separate state environment authority which, in contrast to previous institutions, is independent from other state bodies. This allows it to effectively enforce environmental protection under the provisions of the law.
The Act on Environmental Impact Assessment (3) is also new to the Slovak Republic. This stipulates the measures which must be realized with respect to construction sites, projects involving the installation of new equipment, and other planned activities before permits may be issued. It also addresses various development strategies and commonly accepted laws from an ecological perspective.
Under the terms of the act on state funding in the field of environment protection (4), the Slovak State Fund for the Environment was established within the Slovak Committee for the Environment with the aim of providing financial support to environmental projects. With respect to water protection, these finances are to be used to initially for the construction of water mains, underground water systems, and sewage treatment facilities. While the Fund's resources are limited and somewhat insufficient to cover the required expenses, the government regulation on charges imposed for pollutant discharges (13) will form an important source of income. Simultaneously, the creation of another fund is being considered to encourage environmental protection (including water protection) by providing long-term, low-interest loans (with a maximum 10-year repayment period).
Government Regulation No. 242/1993 (5) concerning waste water discharge limits replaced the previous Government Regulation No. 30/1975. This enactment established a new range of limits for water pollutants, notably emission standards (under Amendment No. 3). Limits vary according to the river into which the waste can be discharged. Similarly, emission standards (limits on sewage discharge) were established for urban canal waters (i.e., those treated by public sewage plants) and for other specific kinds of polluted water (included in Amendment No. 1). The limits are to be considered by the water management authorities as fundamental criteria in deciding whether to approve applications for sewage release. The emission standards were based on the level of clean-up that could be achieved by using existing sewage treatment technologies. Two degrees of quality were defined: one set of standards will be valid to the end of 2004 while a stricter set will be imposed from January 1, 2005. When awarding sewage discharge permits, minimizing environmental damage is the main concern. Act No. 242/1993 (5) is still relatively new, and experience is presently being gathered for its full enforcement. An amendment is not likely in the near future.
Other laws require modification, such as the regulation on penalties imposed for the violation of liabilities in the area of water management (6), the regulation on the protection of surface and ground water (10), and the government regulation of 1978 (11) on the duties of administrators of rivers and regulations concerning rivers. Some aspects of these laws will be carried over into the amended Water Act, and the legal instruments for realizing the aforementioned objectives of water quality protection are to be reinforced. Government Regulation No. 176/1992 of the SKZP (12) established criteria on the use of the State Fund's resources. The Fund is sub-divided into five categories:
The Fund may be used only for the purposes defined under Act No. 128/1991 of the ZFZP (4) i.e., to encourage environmental protection through the funding of environmental projects. Projects are accepted based on the priorities of national environmental policy. The Fund's sources of revenue include:
The Government Regulation on charges in water management (13) was yet another among three statutes inherited by the Slovak Republic from the former Czechoslovakia which established a system of penalties for sewage discharge. The range of violations of the law has gradually been extended. For discharges to surface and ground waters standards have been revised to accommodate BOD 5 and suspended solid levels, and other standards such as apparent acidity, alkalinity, unpolar extracts and other substances. Similarly, fees have been increased for the intake of water from surface and ground water supplies.
Although amended several times, this regulation does not yet meet the conditions of the present-day market economy. When first introduced the penalties were intended primarily toward attaining the same level as the investments necessary for sewage treatment, in order that they would force producers of sewage to construct and operate sewage treatment facilities before the penalties were actually imposed. The desired result, however, was not achieved owing to the Slovak Republic's transformation to a market economy. The cost of the required investment rose two to three-fold while the penalties - under the terms of the last amendment of 1989 - remained far lower.
An economic analysis on the costs of constructing and operating sewage treatment facilities is now underway. On the basis of this survey the revised regulation on penalties in water management is to be completed. Fines are also being considered for violations of newly introduced standards on other substances which also pose a danger to the environment including nutrients and heavy metals.
The remaining activity in the field of water protection is waste water treatment. The Slovak Department of Technical Normalization, stressing the importance of water protection in the national context, has founded the Commission on Technologies and Normalization for water quality control to coordinate activities in this area. The following measures are presently underway with regard to the establishment of acceptable water quality standards:
Finally, it should be emphasized that the entire range of legislative changes and related efforts to establish Slovak technical standards aim to be in accord with the statutes and standards commonly accepted in highly developed Western countries.