logo

Water Use Regulations


RESOLUTION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF AZERBAIJAN

 

On Approval of the “Water Use Regulations”

 

In order to ensure the implementation of Clause 1.5 of the Decree No. 168 of the President of the Republic of Azerbaijan dated 30 October 2009 “On the Application of the Law of the Republic of Azerbaijan on Supplements and Amendments to the Law of the Republic of Azerbaijan ‘On Electricity’, the Law of the Republic of Azerbaijan ‘On Gas Supply’ and the Law of the Republic of Azerbaijan ‘On Water Supply and Wastewater’”, the Cabinet of Ministers of the Republic of Azerbaijan hereby decides:

  1. The "Water Use Regulations" shall be approved (attached).
  2. Amendments to this Decision may be made in accordance with Clause 2.6-1 of the “Regulation on the Procedure for Preparation and Adoption of Normative Legal Acts of Executive Authorities” approved by Decree No. 772 of the President of the Republic of Azerbaijan dated 24 August 2002.[1]

 

Prime Minister of the Republic of Azerbaijan Artur Rasizade

 

Baku city, July 17, 2014

           No. 262

 

 

 

 

 

 

 

 

 

APPROVED BY THE

Resolution No. 262 dated 17 July 2014

of the Cabinet of Ministers of the Republic of Azerbaijan

 

Water Use

 
REGULATIONS

 

  1. General Provisions

 

1.1. These Regulations have been prepared in accordance with the Law of the Republic of Azerbaijan “On Water Supply and Wastewater” and shall govern the mutual relations between the water supply and sewerage enterprise and the consumer pertaining to the use of water supply and sewage systems (water) and other matters related thereto.

1.2. The basic terms used in these Regulations shall mean the following:

1.2.1. water supply and sewerage enterprise (hereinafter: “WSSE”) – legal entity that provides water supply and wastewater disposal within certain territorial (zone) limits, regardless of its form of ownership and organizational-legal form;

1.2.2. consumer – legal entity or natural person using the services of WSSE;

1.2.3. household (utility) drinking water – water used for household (utility) and drinking purposes by the population and employees of industrial enterprises living in residential premises;

1.2.4. industrial water – water used for manufacturing/production, industrial, technological and other technical purposes;

1.2.5. wastewater – water contaminated as a result of use by consumers, water contaminated by industrial technology, as well as liquids mixed with the physiological residues (excrement agents) of people in residential premises, conditionally clean water discharged into the environment and sewage system during accidents;

1.2.6. water supply system – one or a group of facilities that take water from a source, purify and deliver it to the consumer, including a network of main (generalized) and distribution (internal) water pipes (lines);

1.2.7. sewage system – a network that transports wastewater generated in residential premises or by activities of industrial enterprises, to a waste treatment facility;

1.2.8. balance inventory boundary – the demarcation point that determines the balance ownership of the water supply and sewage system at the point where WSSE delivers water to the consumer on the basis of the contract between WSSE and consumer.

1.3. None of the provisions of these Regulations may be interpreted in a way that infringes on the interests of the consumer.

1.4. In accordance with these Regulations, every consumer shall have the right to use the Water Supply and Wastewater Disposal Systems (hereinafter referred to as "WSWDS").

1.5. The provision of technical specifications for the connection of consumers to WSWDS and the connection itself shall be governed by the procedure established by the Cabinet of Ministers of the Republic of Azerbaijan.

1.6. Water supply and wastewater disposal services provided by WSSE shall be carried out in accordance with the sale and purchase contract concluded between the consumer and WSSE (hereinafter referred to as “contract”).

1.7. Contracts with natural persons shall be concluded per the forms specified in Annex 1 of these Regulations, and with legal entities and natural persons engaged in entrepreneurial activities without forming a legal entity, per the forms specified in Annex 2 of these Regulations. The contract shall include an act establishing the balance inventory boundary of the water supply and sewage system between WSSE and the consumer and drawn up in accordance with the form specified by Annex 3 of these Regulations.

1.8. Individual contracts with apartment owners of completed multi-apartment residential buildings shall be concluded after the internal supply system has been set up in accordance with technical specifications, and with other categories of consumers, as determined by the Cabinet of Ministers of the Republic of Azerbaijan, after the act on the connection of those consumers to WSWDS has been drawn up and signed.

1.9. Duties and rights of WSSE and the consumer as defined under these Regulations, as well as the quality (composition and reliability of supply) and volume of water granted to consumers, payment terms and other matters shall be set out in the contract.

1.10. WSSE shall not be responsible for changes in water quality after the water is transferred from the water main to the consumer's distribution network, except for incidents that occur through its fault.

1.11. In areas not covered by a network of service water pipes, the use of drinking water in technological processes (greenery irrigation, equipment cooling, vehicle washing, preparation of concrete mixtures, etc.) shall be allowed only with the WSSE's permission at the request of the consumer in accordance with technical specifications.

1.12. Except as provided by the Law of the Republic of Azerbaijan “On Water Supply and Wastewater”, WSSE shall be prohibited from supplying water or permitting the use of water to a third party that is not a legal consumer.

 

  1. Duties of WSSE

 

2.1. WSSE shall have the following duties:

2.1.1. to ensure the adequate operation, repair, maintenance and protection of the water supply and sewage systems and plants that are in its books;

2.1.2. to provide the consumer with water of the quality and volume specified in the contract;

2.1.3. to ensure that water plants in the operation of consumers, excluding consumers who are natural persons, are inspected at least once every 6 (six) months, formalise their results by an act of 2 copies and provide a copy of the act to the consumer;

2.1.4. to maintain complete and accurate books of the volume and cost of water and wastewater disposal granted to consumers, as well as of the water supply and sewage systems in operation;

2.1.5. to determine the volume of water granted to the consumer and discharged wastewater on the basis of readings of the non-smart-card type water metering device, and if the water metering device has not been installed, in accordance with Clause 7.2 of these Regulations;

2.1.6. to issue (send) a bill to the consumer that reflects the amount of funds payable each month in accordance with the volume of granted water and wastewater disposal;

2.1.7. to carry out further state inspection of the consumer's water metering device without charge for the period specified in their technical passport;

2.1.8. to repair and conduct a state inspection of the water metering device damaged through no fault of the consumer, and if it is not possible to repair the water metering device, to replace it with another one free of charge;

2.1.9. to provide (send) written notice to the consumer that the granting of water will be suspended in the following cases:

2.1.9.1. if the installed water metering device does not meet the requirements of state standards;

2.1.9.2. the relevant funds are not paid in full within 1 (one) month after the bill issued in accordance with the volume of granted water and discharged wastewater is issued (sent) to the consumer;

2.1.9.3. if no contract with WSSE has been concluded.

2.2. The activities of authorized representatives of WSSE related to arriving at the places where the entrepreneurial/business entities operate and requiring fulfilment of the contract terms shall be carried out in accordance with the requirements of the Law of the Republic of Azerbaijan “On Regulation of Inspections in Entrepreneurship and Protection of the Interests of Entrepreneurs”.[2]

 

  1. Rights of WSSE

 

3.1. WSSE shall have the following rights:

3.1.1. to suspend the use of the water supply and sewage system upon detection of facts of illegal (unauthorized) connection to WSWDS, by drawing up an act, a copy of which is handed to the consumer and immediately disconnecting the illegal connection from the water supply and sewage system, and to require the guilty party to pay for the damage incurred;

3.1.2. to require payment of a bill issued in accordance with the volume of granted water and discharged wastewater from a consumer who has or does not have a non-smart-card type water metering device installed.

 

  1. Duties of consumers

 

4.1. Consumers shall have the following duties:

4.1.1. to conclude a contract with WSSE to use water supply and sewage services and water;

4.1.2. to fulfil the terms of the contract concluded with WSSE;

4.1.3. to ensure payment for the bill issued to them in accordance with the volume of granted water and discharged wastewater as specified by these Regulations;

4.1.4. to operate water metering devices in accordance with the requirements specified in their technical passports;

4.1.5. to ensure that water metering devices installed in consumer-owned buildings, apartments, private houses and backyards are kept in working order, including the integrity of seals attached to them;

4.1.6. to allow authorized representatives of WSSE unhindered access to the consumer-owned premises, in order for them to carry out their duties with the provision of necessary documentation certifying their authority (service card, etc.);

4.1.7. to notify WSSE no later than the next business day if water metering devices or their seals are damaged (destroyed) for any reason.

  1. Rights of consumers

 

5.1. Consumers shall have the following rights:

5.1.1. to provide their considerations and explanations regarding the act on illegal connection and its content, as well as to refuse to sign the act;

5.1.2. to require conclusion of contract for water supply and sewage services and water use;

5.1.3. to require the fulfilment of contractual duties;

5.1.4. to unilaterally waive the performance of their contractual duty in the cases and in the manner specified in the contract and civil legislation;

5.1.5. to require the submission, clarification, rectification of the inaccuracies made or recalculation of the bill reflecting the volume of granted water and discharged wastewater and the funds due therefore;

5.1.6. to be provided with household (utility) and drinking water in accordance with their demand and water quality standards;

5.1.7. to require uninterrupted discharge of wastewater;

5.1.8. to require elimination of accidents and malfunctions that occurred in the WSWDS, which is in the WSSE books.

 

  1. Installation and operation of water metering devices

 

6.1. To calculate the water consumption settlement between WSSE and consumer, an appropriate water metering device of an approved type entered into the public register and certified by the State Service for Antimonopoly and Consumer Market Control under the Ministry of Economy of the Republic of Azerbaijan (hereinafter referred to as the "Service") with the seal of the Service and WSSE attached to it, shall be installed at the balance inventory boundary. Installation of water metering and other measuring devices that do not meet those requirements shall be prohibited.[3] 

6.2. Water meters in residential buildings shall be installed at the entrance or in ladder cages of the residential buildings.

6.3. Reconstruction of internal water supply systems shall be carried out by WSSE by installing water supply supports and water metering devices in ladder cages of residential buildings.

6.4. WSSE shall be responsible for maintaining in working condition the water metering devices installed at the entrance and ladder cages of residential buildings, including the integrity of their seals, and the consumer shall be responsible for maintaining in working condition the water metering devices installed in apartments, private houses and backyards, including the integrity of their seals.

6.5. Provision of water metering devices to consumers, their installation and replacement shall be carried out at the expense of WSSE in respect of consumers who are natural persons, and, at the consumer's own expense in respect of the consumers who are legal entities. Subsequent granting of the area (facility), in which the water metering device is installed, for use (lease) of any person, shall not be a basis for removal (replacement) of the water metering device or for requiring that person to pay the costs incurred by the WSSE for its installation.

6.6. Water metering devices shall be subject to state inspection by WSSE in accordance with the requirements of the state standards set by the Service. [4]

6.7. The next state inspection of water metering devices shall be carried out within the time period specified in their technical passports.

6.8. State inspection of a water metering device carried out at the request or through the fault of consumer shall be carried out at the expense of the consumer, and in other cases - at the expense of WSSE.

6.9. The readings of water metering devices installed at the entrances and ladder cages of residential buildings shall be freely visible and the seals attached to these devices shall be covered by a WSSE cover to ensure their integrity.

6.10. Repair, state inspection, replacement (replacement with a new one) and installation of a damaged water metering device (failure of calculation mechanisms, broken inspection window, broken seals, technical malfunctions, etc.) shall be carried out by WSSE in accordance with the requirements of these Regulations within a maximum period of 15 (fifteen) business days from the date of filing an application for or the discovery of such cases. Repair, state inspection, replacement (replacement with a new one) and installation of a water metering device damaged through no fault of the consumer shall be carried out in accordance with clause 6.5 of these Regulations, and when the damage occurs through the fault of the consumer - by WSSE. at the expense of the consumer.

6.11. In the event of loss or damage to the water metering device's consumption recharge card, the card shall be replaced (by a new) one at the expense of the consumer.

6.12. The unused balance of the smart-card-type water metering device or consumption recharge card, which have become unusable for any reason, shall be transferred to the balance of the new card to be issued.

6.13. Consumers who are legal entities shall determine the person responsible for keeping the water metering device clean, protecting the equipment, preventing freezing and maintaining the integrity of the seals on the water meter, water supply valve and strainer.

6.14. Upon detection of discrepancies (error) in the readings of water metering devices and (or) violation of the seal of a water metering device through the fault of the consumer, an emergency inspection of the water metering device shall be carried out at the expense of the consumer.

6.15. Upon detection of tampering with and breach (error in the water meter readings exceeds the norm established by the Service) of the water metering device, WSSE shall determine and calculate the volume of water consumed in the period since the last recording of water metering device readings, as follows:

6.15.1. in the case of consumer tampering, in accordance with Annex 4 of these Regulations;

6.15.2. if a breach (error in the water metering device readings exceeds the norm established by the Service) is detected - based on the average consumption norm used by the consumer in the preceding 12 (twelve) months (if the consumption period is less than 12 (twelve) months - based on the actual consumption period).

6.16. Upon detection of damage to water supply plants, water metering device and its seal, as well as in cases when a consumer does not provide the necessary conditions for inspection of a water metering device by WSSE representatives, a relevant Act shall be drawn up. A copy of the Act shall be provided to the consumer.

6.17. If it is determined that WSSE has suffered material damage through a consumer's fault, the damage shall be calculated and the consumer shall be issued a payment document in accordance with the prepared Act.

6.18. If the authorized representatives of WSSE detect tampering with water metering devices of business entities when reading their water meters, or illegal unmetered connection to the water supply or sewage system (connection to the system without consent of the water supply and sewerage enterprise), they shall take the necessary actions to carry out an inspection taking into account the requirements of the Law of the Republic of Azerbaijan “On Regulation of Inspections in Entrepreneurship and Protection of the Interests of Entrepreneurs”.[5]

 

  1. Bookkeeping and payment terms of water and discharge of wastewater into the sewage system

 

7.1. The retail price (tariffs) for water and discharge of wastewater into the sewage system shall be regulated by the Tariff (Price) Council of the Republic of Azerbaijan.

7.2. WSSE shall calculate the total volume of water granted to consumers, who have non-smart-card type water metering devices installed, based on the preceding month's water meter readings and submit (send) the consumer a monthly bill reflecting the amount of funds due therefore. Consumers may also submit the water consumption information in accordance with the contract concluded with WSSE.

7.3. WSSE shall not be required to submit (send) a bill for the volume of consumed water to a consumer who has a smart card water metering device installed.

7.4. If consumers belonging to the population group do not have water metering devices installed, the volume of granted water and discharged wastewater and the amount due therefore shall be determined by calculation for the relevant period based on the number of persons registered in the apartment (private house) owned by the consumer. Documentation of the number of registered persons shall be provided by the consumer. In the event of changes in the number of persons registered in such apartment (private house), the consumer shall submit proof of this fact to WSSE within a maximum period of 7 (seven) business days. WSSE shall perform the calculation in accordance with the information provided in the document per the date of submission. Where documentation on the number of registered persons is not provided by a consumer, reporting on water supply and wastewater disposal shall be based on the average statistical indicators established for the family composition in the country.

7.5. In the absence of water metering devices, the volume of water used for utility purposes on the yards of private houses and summer/holiday houses shall be calculated in accordance with current technical guidelines. In cases where other consumers do not have water metering devices installed, the volume of granted water and discharged wastewater and amount due therefore shall be determined by calculation for the relevant period in accordance with the procedure specified in the decision of the Tariff (Price) Council of the Republic of Azerbaijan.

7.6. Once the consumer has paid in full the bill for the granted water and wastewater disposal, the consumer shall not be required to pay any additional amount for billing errors on the part of WSSE.

7.7. The bill sent (issued) to the consumer may be amended at the consumer's request or WSSE's initiative in accordance with clause 7.2 of these Regulations. If a difference is identified, an appropriate adjustment shall be made to the bill by a mutual agreement. After the adjustment, the VAT reporting of previous bills shall be updated.

7.8. In the event that a consumer does not provide the necessary conditions for WSSE representatives to inspect a water metering device, the volume of consumed water shall be determined by calculation based on the average consumption rate used by the consumer in the preceding 12 (twelve) months (if the consumption period is less than 12 (twelve) months - based on the actual consumption period). The reports drawn up on the basis of the average consumption rate used in the preceding 12 (twelve) months shall be adjusted in accordance with the actual readings of the water metering device established later. Amounts overpaid by the consumer as a result of the adjustment shall be taken into account in subsequent reports or refunded to the consumer.

7.9. In the event of a failure of a water metering device, the volume of water used before a new water metering device was installed shall be determined on the basis of the average monthly water consumption over the preceding 12 (twelve) months (or if the consumption period is less than 12 (twelve) months - on the basis of the actual consumption period).

7.10. Settlements for water and wastewater disposal granted to the facilities of consumers belonging to different tariff groups within the same or different regions shall be made at the tariffs established for the consumer groups to which the respective premises belong. Water and wastewater disposal debts incurred at one address may result in suspension of water and wastewater disposal services at other addresses where the consumer is not a debt holder, until the debt is paid in full.

7.11. If a consumer believes that the bill sent (issued) to them in accordance with clause 7.2 of these Regulations contains an error (errors) (the amount due is overstated), they may apply in writing to the WSSE that has issued the bill, no later than 10 (ten) business days after receipt of the bill.

7.12. The WSSE shall review the application received in accordance with clause 7.11 of these Regulations and respond to the consumer in writing a maximum of (five) business days. If the application is deemed valid, the funds already billed shall be factored into future payments or refunded to the consumer.

7.13. Payment for the cost of used water and wastewater disposal shall be made via bank, mail, internet or POS terminals.

7.14. Payments for the bill sent (issued) to the consumer in accordance with clause 7.2 of these Regulations shall be made in full within 1 (one) month after it has been issued (sent) to the consumer. If that period is overdue, the consumer shall pay the amount of the principal debt and a penalty (fine) in accordance with the terms of the contract in cases stipulated by the contract.

7.15. The consumer may, upon agreement with WSSE, pay in instalments their delayed payments (residual debts) of the bill sent (submitted) to them in accordance with clause 7.2 of these Regulations. In this case, a penalty (fine) for delayed payments (residual debts) shall be imposed on the consumer in the manner stipulated in the contract, with the exception of consumers belonging to the population group.

7.16. If the deadline specified in clause 7.14 of these Regulations is overdue, WSSE may debit the amount of overdue payments from the consumer's letter of credit account. If the amount in the letter of credit account is insufficient to repay the debt, WSSE may resolve the non-payment of the debt in court.

7.17. If the amount of the letter of credit decreases by the amount of debts for the provided services, then the consumer shall increase the deposit amount of the letter of credit to the intended level, as required by WSSE.

7.18. The amount of the letter of credit shall be determined as twice the total of all payments for the monthly services. Average monthly payments shall be calculated on the basis of the average consumption prices or the water measuring device readings over the preceding 6 (six) months, taking into account the usage norms of the category to which the consumer belongs.

7.19. The amount of the letter of credit may be transferred in instalments, subject to the consent of WSSE.

7.20. WSSE shall open an individual account in the name of each consumer who has a water metering device installed, from the date of conclusion of the contract.

7.21. In case of a change in the name, legal address, activity type, founder/s of the consumer payer, he/she shall notify WSSE in writing and, if necessary, apply for a reconciliation act/statement for the date of the change in mutual settlements with WSSE.

7.22. To clarify the volume of water used for firefighting in residential buildings, private houses, premises, as well as during tactical drills, fire hydrant and internal fire hydrant inspections, a joint act shall be drawn up with the participation of fire authorities and WSSE representatives.

7.23. The volume of water consumed to extinguish a fire shall be calculated based on the documentation submitted to WSSE by the fire authorities.

7.24. Bookkeeping of the wastewater flow into the sewage network of residential and public buildings shall be based on the water metering device readings and, in the absence of a water metering device - on the volume of used water in accordance with clauses 7.1, 7.2 and 7.7 of these Regulations.

7.25. Bookkeeping of the industrial wastewater disposal into sewage networks shall be based on readings from the institution's water utility passport and/or water metering device. In the absence of a water metering device or water utility passport, the volume of discharged wastewater shall be considered to be equal to the volume of the granted drinking water.

7.26. In cases where water for industrial and utility-household needs is taken from alternative sources, the volume of wastewater discharged into the sewage network in the absence of a water metering device shall be determined on a reporting basis in accordance with the contract between WSSE and consumers.

7.27. WSSE may contract with road service enterprises for water discharge through the storm sewer system, subject to an appropriate payment for the services provided.

7.28. WSSE shall provide road service facilities (consumer) with an estimate of the cost of services for water discharge through the storm sewer system, based on the climatic precipitation rates established by the respective executive authorities.

 

  1. Grounds for suspension of granting water to consumer and termination of contract

 

8.1. In accordance with the Law of the Republic of Azerbaijan “On Water Supply and Wastewater”, and subject to unconditional notification of the consumers (except for the case stipulated in sub-clause 8.1.9 of these Regulations), WSSE may suspend the water supply to consumers in the following circumstances:[6]

8.1.1. upon relevant written request of the consumer (specifying the reason and duration for the suspension of water supply);

8.1.2. when there is need for construction, repair and maintenance, emergency work or cleaning of water reservoirs;

8.1.3. when the turbidity of surface waters in a water source increases or when an emergency environmental crisis occurs in the water basin;

8.1.4. when the consumer's water distribution network, water reservoirs (water storage facilities), connections, valves and faucets do not meet the requirements of state standards established by the Cabinet of Ministers of the Republic of Azerbaijan;

8.1.5. if a relevant contract with WSSE has not been concluded.

8.1.6. when water from water mains intended for household (utility) and drinking purposes is used for purposes other than those for which it was originally intended;

8.1.7. when there is a relevant court decision;

8.1.8. if a consumer fails to pay the bill for used water in full and on time in accordance with the requirements of these Regulations;

8.1.9. if a special operation to combat religious extremism is conducted, based on the instructions of the authorities conducting the special operation to combat religious extremism - the Ministry of Internal Affairs of the Republic of Azerbaijan and the State Security Service of the Republic of Azerbaijan - in the territory/area where such operation is being conducted.[7]

8.2. Granting of water supply to consumers shall be suspended only on a case-by-case basis (except for cases of suspension in connection with a special operation to combat religious extremism). Suspension of the granting of water to consumers who do not pay the cost of water shall not result in infringement of the rights of consumers who pay the cost of water on time. [8]

8.3. If a consumer applies to WSSE with a written application to suspend granting of water (specifying the reason and duration for the suspension of water supply) or early termination of the contract (except for the case stipulated in clause 8.4 of these Regulations), WSSE shall, within 2 (two) working days, make a decision on the suspension of the granting of water or termination of the contract accordingly. The granting of water to the consumer shall be suspended from the day of the decision and the consumer shall pay for the cost of water they used until the last day.

8.4. In case of change of the owner (user) of a facility supplied with water, the former consumer shall pay off the debt for their water use before the date of change of the owner (user) of the facility, obtain a certificate from WSSE on absence of debt and present this certificate to the new consumer. The new owner (user) shall submit a written application for the conclusion of a new contract to WSSE within 10 (ten) business days. The contract between the new owner (user) and WSSE shall be concluded within 3 (three) business days from the date of receipt of the written application.

8.5. Change of the owner (user) of a facility supplied with water shall not be a prerequisite for suspension of the granting of water.

8.6. Upon detection of cases of illegal (unauthorized) connection to the water supply system, WSSE shall suspend the granting of water by immediately disconnecting the illegal line from the water supply system and require the guilty party to pay for the damage incurred;

8.7. If an illegal (unauthorized) connection to the water supply system is detected and the date of the connection cannot be determined, the volume of lost water shall be calculated for up to 1 (one) preceding year as specified in Annex 4 of these Regulations.

8.8. WSSE shall restore the granting of water within 1 (one) business day after the circumstances that caused the suspension of the granting of water have been resolved and, if water supply is suspended under sub-clauses 8.1.5 and 8.1.8 of these Regulations, within 1 (one) business day after the costs associated with the suspension and restoration of water supply have been paid and properly settled by the consumer.

8.9. Suspension and restoration of the granting of water shall in any case (except for the cases stipulated by sub-clauses 8.1.2 and 8.1.9 of these Regulations) be formalized by WSSE in the presence of the consumer by an act and a copy of the act shall be presented to the consumer. [9]

 

  1. Special requirements for use of sewage networks and plants

 

9.1. Wastewater shall only be discharged through the sewage network. Solutions to problems related to industrial wastewater disposals shall be provided by WSSE in each case.

9.2. Process water (conditionally clean water) may be discharged to the utility-household sewage system on the basis of a contract with WSSE, taking into account the strength of the sewage networks and treatment plants and the volume of discharged water.

9.3. In order to prevent blockages and malfunctions in the sewage network and disruption of the operation of treatment plants, it is prohibited to discharge the following substances into the sewage network:

9.3.1. substances that pose a danger to human health, radioactive substances, infectious hospital water, as well as substances containing kitchen waste and large solid utility waste, petroleum products or substances capable of causing explosions;

9.3.2. wastewater with temperatures above +4000, cooling condensate water, water flowing through hydro-washers, hydro peat and dryer-collector tanks;

9.3.3. utility-household wastewater into storm sewer networks receiving atmospheric precipitation, and surface run-off water into wastewater networks (in residential premises separated from the storm sewer networks of the sewage system);

9.3.4. wastewater from consumers, which poses a health hazard to the maintenance personnel of sewage plants and disrupts the technical processes of biological wastewater treatment in treatment plants.

9.4. Wastewater shall be regularly analysed in a specialized WSSE laboratory. The cost of the analysis shall be borne by the consumer if its results reveal that the amount of contaminants in the wastewater exceeds the permissible concentration or if the analysis is performed at the consumer's discretion and, in the remaining cases, by WSSE. If the amount of contaminants in the wastewater discharged by the consumer into the sewage system exceeds the permissible concentration, the payouts to the consumer shall be calculated in accordance with the procedure established by the Cabinet of Ministers of the Republic of Azerbaijan.

9.5. If it is determined that the content of regulated substances in the wastewater of an industrial enterprise connected to an existing utility-household sewage system does not meet the concentration thresholds, treatment of the enterprise’s wastewater at local plants shall become imperative. In this case, the industrial enterprise shall, at its own expense, conduct an environmental impact assessment (EIA) of the local treatment plant projects in accordance with the procedure stipulated by the Law of the Republic of Azerbaijan “On Environmental Impact Assessment” and, if the national environmental expertise reaches a positive conclusion, ensure the construction of these plants on the basis of the project agreed with WSSE and implement the establishment of circular, consistent and repeated water supply systems.[10]

9.5-1. The Environmental Impact Assessment of industrial and household wastewater treatment and reuse projects shall be carried out in accordance with the Law of the Republic of Azerbaijan “On Environmental Impact Assessment”.

9.5-2. Existing enterprises operating in the field of treatment and reuse of industrial and household wastewater shall not be required to prepare Environmental Impact Assessment (EIA) documents for reconstruction of these facilities or replacement of plants or equipment of these facilities, provided that the ecological requirements for environmental impact indicators are met. However, appropriate amendments shall be made to the documents issued by the Ministry of Ecology and Natural Resources of the Republic of Azerbaijan in relation to these facilities (Waste Discharge Limit (WDL), Effluent Discharge Limit (EDL), Environmental Passport), taking into account the requirements of regulatory legal acts and technical regulatory legal acts in the field of environmental protection.

9.5-3. If, during the activities of existing facilities operating in the field of treatment and reuse of industrial and household wastewater, the conditions of use of natural resources do not meet environmental requirements in terms of environmental impact indicators, or if technologies and technical methods different from those envisaged in the original project are applied, a new Environmental Impact Assessment (EIA) shall be conducted for those activities.

9.5-4. If transboundary impact is identified during an Environmental Impact Assessment (EIA) of facilities operating in the field of treatment and reuse of industrial and household wastewater, the issues of transboundary impact assessment of these facilities shall be resolved in accordance with international treaties to which the Republic of Azerbaijan is a party.[11]

9.6. Consumers shall comply with the following requirements for normal operation of sewage networks and plants:

9.6.1. proper operation and protection of sewage networks owned by them;

9.6.2. prohibitions imposed by WSSE on the use of sewage network;

9.6.3. timely payment of the full cost of wastewater disposal services used;

9.6.4. avoid disposing solids and discharging hazardous (flammable) liquids into water intake systems;

9.6.5. maintain and operate water intake structures and associated sewerage inspection wells in normal condition (in accordance with norms);

9.6.6. serviceability of sewer supports and discharge pipes in basements;

9.6.7. avoid blocking ventilation opening to the sewer pipe support on the roof of the building.

9.7. Consumers shall be responsible for ensuring that the sewerage inspection wells that are in their books are closed with suitable lids and that the lids are protected.

9.8. The wells of the sewage network shall be kept in a condition suitable for their inspection and operation at all times, and no accumulation of articles or substances that interfere with their operation shall be permitted.

9.9. WSSE shall carry out routine inspection, preventive maintenance, washing, cleaning and repair of sewage networks in its books.

9.10. WSSE shall have the right to monitor the sewage system as recorded in the books of consumers. Consumers shall ensure the necessary conditions for the authorized representatives of the WSSE to carry out unhindered inspection of sewage networks, plants and installations within their area/premises or in their books.

9.11. WSSE shall have the right to disconnect a consumer from the utility-household sewage network upon written warning, drawing up an act and providing the consumer with a copy of the act in the following cases:

9.11.1. if waste discharges that can quickly destroy pipes in the utility-household sewage network or contain volatile hazardous substances harmful to the health of workers (service personnel) or have a detrimental effect on the treatment process are detected;

9.11.2. if the requirements for operation of the sewage system on the territory of the enterprise are not met;

9.11.3. upon detection of illegal connections to the utility-household sewage system.

9.12. It is strictly forbidden for anyone other than WSSE specialists to open the covers of or descend into inspection wells of utility-household and storm sewers.

9.13. In case of failure of sewer plants as a result of improper use of the sewage system by a consumer, their repair or complete shall be ensured by the consumer. The work may be carried out under the WSSE technical supervision or by WSSE (at the expense of the consumer).

9.14. In cases where clogs in the industrial sewer network threaten the condition of the sewer network in residential premises, WSSE shall provide cleaning and restoration of normal operation of the sewer system at the expense of the consumer.

9.15. Connecting sewers shall only be cleaned by WSSE. In this regard, if the connecting sewers are clogged, the consumer shall immediately report this to WSSE.

9.16. For work performed by WSSE under work orders for cleaning and repair of sewage networks not included in the WSSE’s books, consumers shall transfer payment to an account provided by WSSE.

9.17. With the exception of natural person consumers, other consumers shall pay a service fee to WSSE in accordance with the established tariff in case of exceeding the permitted concentrations of hazardous substances or contaminants in the wastewater disposal into the sewage system.

Note: Amendments to these Regulations may be made in accordance with Clause 2.6-1 of the “Regulation on the Procedure for Preparation and Adoption of Normative Legal Acts of Executive Authorities” approved by Decree No. 772 of the President of the Republic of Azerbaijan dated 24 August 2002.[12]

 

 

 

 

 

Annex 1

of the Water Use Regulations

 

C O N T R A C T

 

on water supply and wastewater disposal services concluded with natural persons belonging to the population group

 

 

This Contract is made between Chairman of the Azersu Open Joint Stock Company ________ (hereinafter referred to as the “Enterprise”) represented by _________________________ of the one part, and (hereinafter referred to as the “Consumer”) represented by _______________________ of the other part, in accordance with the Law No. 723-IQ of the Republic of Azerbaijan “On Water Supply and Wastewater” dated 28 October 1999 (hereinafter referred to as the “Law”) and the “Water Use Regulations” of the Republic of Azerbaijan (hereinafter referred to as the “Regulations”).

 

  1. Subject matter of Contract

 

1.1. This Contract establishes the rights and duties of the parties in relation to the release of drinking water from the water supply system of Azersu Open Joint Stock Company, including intake, treatment and disposal of wastewater into the sewage system, in the necessary quantity corresponding to the Consumer's demand, and of the composition and quality in line with the requirements of the State Standard DÜİST2874-82.

 

  1. Payment terms

 

2.1. The payable volume (amount) of drinking water and wastewater disposal used by the Consumer shall be calculated based on the readings of the metering device (water meter) installed at the entry point of the water line, and, in the absence or malfunctioning of the water meter, in accordance with applicable laws and regulations in force.

2.2. Settlement for the consumption of 1m3 of drinking water used by the consumer is carried out at _________________ manats including VAT, and settlement for the consumption of 1m3 of wastewater received from the consumer is carried out at _____________ manats including VAT, in accordance with the decision of the Tariff (price) Council of the Republic of Azerbaijan “On approval of tariffs for water consumption and wastewater disposal services and classification of consumer groups” for the services provided by Azersu Open Joint Stock Company.

2.3. Consumers living in private dwellings with land and no water meter shall pay an overage fee if they surpass the permitted use (e.g. for backyard watering), as determined by the established norms.

2.4. When tariffs change, the Enterprise shall inform the consumer through the press, radio-television and other mass media.

 

  1. Rights and duties of Enterprise

 

3.1. The Enterprise shall provide the Consumer with water in accordance with Consumer’s demand and ensure continuous wastewater intake.

3.2. Enterprise shall not be responsible for changes in water quality after it has been granted from the water main to the Consumer's internal network, except for incidents that occur through its fault.

3.3. Enterprise shall supply water to the Consumer through a joint pipe (connection) with a diameter of d= _________ mm connected to the water distribution network in accordance with technical specifications.

3.4. In accordance with Articles 26 and 62 of the Law and other normative legal acts, the Enterprise has the right to discontinue supply of water to the Consumer in the following circumstances, except for the case specified in sub-clause 3.4.7 of this Contract, by prior notice: [13]

3.4.1. when water intended for household and drinking purposes is used for purposes other than intended;

3.4.2. when repair-construction, preventive, and accident elimination works that require suspension of water supply are carried out; when the water reservoirs need to be cleaned; or when the turbidity level of drinking water increases;

3.4.3. when the water fee is not paid in full within 1 (one) month after the relevant bill for water granted by the Enterprise to the Consumer is issued (sent);

3.4.4. when a connection by the Consumer contravenes clause 3.3 of this Contract;

3.4.5. when the Consumer creates obstacles that impede the monitoring of compliance with the requirements of this Contract, as well as the implementation of other activities/measures by authorized representatives of the Enterprise as specified in the Contract;

3.4.6. upon written request of the Consumer;

3.4.7. if a special operation to combat religious extremism is conducted, based on the instructions of the authorities conducting the special operation to combat religious extremism - the Ministry of Internal Affairs of the Republic of Azerbaijan and the State Security Service of the Republic of Azerbaijan - in the territory/area where such an operation is being conducted.[14]

3.5. In accordance with Articles 65 and 72 of the Law, the Enterprise has the right to require compensation from the Consumer for the damage caused by excessive utilization of water.

3.6. The Enterprise shall not be responsible for a damage caused to the Consumer as a result of suspension of drinking and utility water supply during breaks caused by natural disasters, accidents and special operations carried out to combat religious extremism. [15]

3.7. If a consumer has multiple contracts in their own name, debts at one address can result in disconnection of water supply to other addresses as well.

3.8. In the event of a complete disconnection of water supply in accordance with the requirements of clause 3.4 (except for sub-clauses 3.4.2 and 3.4.7) of this Contract, the water supply shall be restored after the Consumer has fully paid all debts, including additional costs arising from disconnection from the water network and restoration of water supply. [16]

 

  1. Rights and duties of Consumer

 

4.1. Consumer has the right to connect to the water supply and sewage systems in compliance with the technical specifications provided by Azersu OJSC, and to require the Enterprise to provide them with drinking water in accordance with their demand and water quality standards, as well as uninterrupted discharge (intake) of wastewater into the sewage system.

4.2. Consumer shall pay the amount of water sold and services provided by the Enterprise within 1 (one) month via bank, mail, internet or POS terminal.

4.3. In accordance with Articles 445.1, 449.1 and 449.2 of the Civil Code of the Republic of Azerbaijan, if the Consumer fails to pay the cost of consumed water and discharged wastewater on time, the Consumer shall pay a fee (penalty/fine) in the amount of ______ % of the total amount for each day of payment delay, in the manner prescribed by the National Bank of the Republic of Azerbaijan.

4.4. The Consumer shall ensure integrity of seals placed by the Enterprise on metering devices, valves, hydrants and other regulators, maintain them in constant working condition, take necessary measures to protect them from various weather conditions (mechanical impact, rain, dust, freezing, exposure to direct sunlight, etc.) and submit the metering devices for state inspections within the period indicated in their technical passports or otherwise in accordance with the requirements of the Regulations.

4.5. The Consumer shall notify the Enterprise no later than the next business day of malfunctions in the metering devices and regulators, or broken seals.

4.6. Consumer shall ensure unhindered access of authorized representatives of the Enterprise to the premises (building, yard, etc.) owned by the Consumer, in order for them to carry out their duties with the provision of necessary documentation certifying their authority (service card, etc.).

 

  1. Termination of Contract

 

5.1. Amendments and supplements to this Contract shall be implemented with an additional agreement approved by the Enterprise and the Consumer.

5.2. This Contract can be terminated prematurely at the written initiative of one of the parties. The Contract shall be deemed terminated if the consumer pays their debt in full within 1 (one) month after receiving the written initiative.

5.3. In the event of a dispute between parties regarding water usage and sewage services, the dispute shall be resolved in a judicial procedure corresponding to the jurisdiction of the dispute.

 

  1. Duration of Contract

 

6.1. The Contract shall enter into force on: “_____” ___________________ 201____.

6.2. If neither party takes written initiative for termination of the Contract, the duration of this Contract shall be deemed extended for each subsequent year. This Contract shall be deemed null and void once a new Contract is concluded in the subsequent years.

6.3. This Contract has been prepared in 2 (two) identical copies, with each party having 1 (one) copy, both of which hold the same legal value.

6.4. If the Tariff (Price) Council of the Republic of Azerbaijan modifies a tariff (price), subject to fulfilment of clause 2.5 of this Contract by the Enterprise, reporting shall be based on the new tariff (price) from the effective date of the Tariff Council's decision, and the Contract shall remain in force.

 

  1. Legal addresses and bank details of the parties

 

Azersu Open Joint-Stock Company

67 Moskva avenue, Baku, AZ1012

A/C AZ65AİİB33070019441100216111,

TIN-9900001751M/h0137010001944

No. 1 Nasimi Branch of Kapital Bank

Code: 200112

Tax ID-9900003611

___________________________________

“CONSUMER”

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

___________________________________

                     (name of the enterprise)

 

tel.:________________________________

tel.:________________________________

 

 

Chairman _______________________________

___________________________________

(name, surname, patronymic of the Chairman of the water utility institution)

(name, surname, patronymic of the Consumer)

Seal

 

 

 

 

 

Annex 2

of the Water Use Regulations

 

CONTRACT

 

on water supply and wastewater disposal services concluded with legal entities and natural persons engaged in entrepreneurial activities without forming a legal entity

 

 

This Contract is made between Chairman of the Azersu Open Joint Stock Company, ________ (hereinafter referred to as the “Enterprise”) represented by _________________________ of the one part, and (hereinafter referred to as the “Consumer”) represented by _______________________ of the other part, in accordance with the Law No. 723-IQ of the Republic of Azerbaijan “On Water Supply and Wastewater” dated 28 October 1999 (hereinafter referred to as the “Law”) and the “Water Use Regulations” of the Republic of Azerbaijan (hereinafter referred to as the “Regulations”).

 

  1. Subject matter of Contract

 

1.1. This Contract establishes the rights and duties of the parties in relation to the supply from the water supply system of the Enterprise of household (utility) water for drinking and production/industrial purposes, including intake, treatment and discharge of wastewater into the sewage system, in the necessary quantity corresponding to the consumer's demand, and of the composition and quality in line with the requirements of the State Standard DÜİST2874--82.

 

  1. Payment terms

 

2.1. Settlement for the consumption of 1 m3 of raw water used by the consumer is set at _____________ manats including VAT, settlement for consumption of 1 m3 of raw water used for other purposes at _____________ manats including VAT, and for 1 m3 of wastewater received from the Consumer at ___________________ manats including VAT in accordance with the decision of the Tariff (Price) Council of the Republic of Azerbaijan “On approval of tariffs for water consumption and wastewater disposal services and classification of consumer groups” for the services provided by Azersu Open Joint Stock Company.

2.2. Since the price of the water supply and wastewater disposal service is regulated by the Tariff (Price) Council of the Republic of Azerbaijan, after the conclusion of this Contract, any price change cannot be disputed between the parties and shall be binding on both parties.

2.3. The Enterprise shall report consumer-used water and discharged wastewater no less than once a month (except for smart-card type meters) and provide the consumer with a payment document prepared in accordance with the relevant regulations.

2.4. The bill shall be paid in full within 1 (one) month via bank, mail, internet, or POS terminals after it is issued (sent) by the Enterprise to the Consumer.

 

  1. Rights and duties of Enterprise

 

3.1. The Enterprise shall provide household (utility) drinking and industrial water in accordance with the Consumer’s demand, and carry out continuous intake of wastewater.

3.2. The Enterprise shall not be responsible for changes in water quality after it has been granted from the water main to the Consumer's internal network, except for incidents that occur through its fault.

3.3. The Enterprise shall supply water to the Consumer through a joint pipe (connection) with a diameter of d=_________________ mm connected to the main water line and distribution network in accordance with technical specifications.

3.4. The Enterprise shall determine the volume of water and wastewater disposal used by the Consumer based on the readings of the metering device (water meter) installed at the entry point of the water line, and, in the absence or malfunctioning of the water meter, in accordance with clauses 7.2, 7.4 and 7.5 of the Regulations.

3.5. When determining the amount of discharged wastewater, the utilized well, ground and inflowing waters shall also be taken into account.

3.6. If the amount of discharged wastewater does not correspond to the amount of water used, the Enterprise shall require the Consumer to submit a “Water Utility Passport” to calculate the volume of discharged wastewater.

3.7. In accordance with Articles 26 and 62 of the Law and other normative legal acts, the Enterprise has the right to discontinue supply of water to the Consumer in the following circumstances:

3.7.1. upon written application of a consumer;

3.7.2. when there is need for construction, repair and maintenance, emergency work or cleaning of water reservoirs;

3.7.3. when the turbidity of surface waters in water withdrawal places increases or when an emergency environmental crisis occurs in the water basin;

3.7.4. when the Consumer's water distribution network, water reservoirs (water storage facilities), connections, valves and faucets do not meet the requirements of state standards established by the respective executive authority;

3.7.5. when the water fee is not paid in full within one month after the relevant bill for water granted by the Enterprise to the Consumer is issued (sent);

3.7.6. when the Consumer creates obstacles that impede the prevention of breaches of the requirements of this Contract, as well as the implementation of other activities/measures by authorized representatives of the Enterprise as specified in the Contract;

3.7.7. when water intended for household (utility) and drinking purposes is used for purposes other than intended;

3.7.8. if a relevant contract with the Enterprise has not been concluded;

3.7.9. upon a court decision;

3.7.10 if a special operation to combat religious extremism is conducted, based on the instructions of the authorities conducting the special operation to combat religious extremism - the Ministry of Internal Affairs of the Republic of Azerbaijan and the State Security Service of the Republic of Azerbaijan - in the territory/area where such an operation is being conducted.[17]

3.8. The Enterprise, in exceptional circumstances and by making necessary changes to the Contract, allows the connection of other natural persons and legal entities to the Consumer's water supply and sewer lines subject to the conditions of the Regulations.

3.9. If the Consumer has multiple contracts in their own name, debts at one address can result in disconnection of water supply to other addresses as well.

 

  1. Rights and duties of Consumer

 

4.1. Consumer shall have the following rights and duties:

4.1.1. to pay the fee for water supply and sewage services provided by the Enterprise on the basis of the invoice issued;

4.1.2. if the Consumer fails to pay the cost of consumed water and discharged wastewater on time, in accordance with Articles 445.1, 449.1 and 449.2 of the Civil Code of the Republic of Azerbaijan, the Consumer shall pay a fee (penalty/fine) in the amount of ______ % of the total amount for each day of payment delay, in the manner prescribed by the Central Bank of the Republic of Azerbaijan.

4.1.3. if the Consumer uses water as a raw material, they shall ensure that water-metering devices are installed at the start of the water lines supplying the raw material in accordance with the procedures agreed with the Enterprise to ensure accurate measurement of water consumption for raw material use;

4.1.4. to carry responsibility for the condition and operation of water supply and sewage networks and installations in their books or within their territory;

4.1.5. to ensure integrity of seals placed on metering devices, valves, hydrants and other regulators, maintain them in constant working condition, take necessary measures to protect them from various weather conditions (mechanical impact, rain, dust, freezing, exposure to direct sunlight, etc.), submit the metering devices for state inspections within the period indicated in their technical passports or otherwise in accordance with the requirements of the Regulations;

4.1.6. to notify the Enterprise of malfunctions in the metering devices and regulators, or broken seals no later than the next business day;

4.1.7. to agree with the Enterprise the change of placement of the measuring devices and regulators in advance, should the need arise. If the seals placed on measuring devices and regulators are violated (except in cases where urgent action is required for fire, accidents, and other emergencies), water and sewage consumption for that reporting month shall be calculated in accordance with clause 3.4 of this Contract;

4.1.8. to ensure unhindered access of authorized representatives of the Enterprise to the premises (building, yard, etc.) owned by the Consumer, in order for them to carry out their duties with the provision of necessary documentation certifying their authority (service card, etc.);

4.1.9. to notify the Enterprise if the Consumer’s name, legal address, type of activity or bank account details change, or if it is decided to liquidate the Consumer, and to prepare and approve a reconciliation act/statement of mutual debts at the request of either party;

4.1.10. To create a 3 (three) day water reserve to ensure their demand In case of a natural disaster, power outage or any accident resulting in disruptions to water supply;

4.1.11. not to distribute the received water to a third party without agreement with the Enterprise and not to engage in buying or selling the water;

4.1.12. to connect to water supply and sewage systems on the basis of technical specifications provided by Azersu OJSC;

4.1.13. to be provided with household (utility) and drinking water in accordance with their demand and water quality standards;

4.1.14. to require the Enterprise to ensure uninterrupted discharge of wastewater into the sewage system;

4.1.15. to require the submission of appropriate payment documents by the Enterprise in order to proceed with payment;

4.1.16. to reuse water in connection with production/industrial needs.

 

  1. Special condition

 

5.1. The Enterprise shall constantly monitor the composition of the wastewater that the Consumer discharges into the sewage system (through analyses). If the presence of contaminants in the wastewater exceeding the established limits is detected, the Enterprise shall charge the Consumer an additional “Payment for discharge of contaminants” in accordance with the Decree No. 122 of the Cabinet of the Republic of Azerbaijan dated 3 March 1992.

5.2. In the event of a complete disconnection of water supply in accordance with the requirements of clause 3.7 (except for sub-clauses 3.7.2, 3.7.3, 3.7.9 and 3.7.10) of this Contract, the water supply shall be restored after the Consumer has fully paid all debts, including additional costs arising from disconnection from the water network and restoration of water supply. [18]

5.3. Parties shall bear mutual liability for any violation of the duties specified in the Contract in accordance with Articles 443.1, 443.5 and 448.2 of the Civil Code of the Republic of Azerbaijan;

5.4. If the Parties are unable to settle disputed issues related to the implementation of this Contract through applicable normative legal acts in force, such issues shall be reviewed in the Economic Courts of the Republic of Azerbaijan.[19]

5.5. Amendments and supplements to this Contract shall be implemented with an additional agreement approved by the Enterprise and the Consumer.

5.6. This Contract can be terminated prematurely at the written initiative of the parties. The Contract shall be deemed terminated if the Consumer pays their debt in full within one month after receiving the written initiative of the parties.

 

  1. Duration of Contract

 

6.1. The Contract shall enter into force on: “_______” __________201______.

6.2. The Contract shall be in force till: “________” _________ 201_____.

6.3. If one of the Parties does not take written initiative for termination of the Contract with 1 (one) month remaining until the expiration of the Contract, the duration of this Contract shall be deemed extended for the next 3 (three) years.

6.4. This Contract has been prepared in 2 (two) identical copies, with each party having 1 (one) copy, both of which hold the same legal value.

 

  1. Legal addresses and bank details of the parties

 

Azersu Open Joint-Stock Company

67 Moskva avenue, Baku, AZ1012

A/C AZ65AİİB33070019441100216111,

TIN-9900001751

C/A-0137010001944

No. 1 Nasimi Branch of Kapital Bank

Code: 200112

Tax ID-9900003611

CONSUMER

_________________________________

_________________________________

_________________________________

_________________________________

_________________________________

_________________________________

_________________________________

___________________________________

                        (name of the Enterprise)

_________________________________

tel.:______________________________________

tel.:______________________________________

Seal

Seal

Chairman_______________________________________

(name, surname, patronymic of the Chairman of the water utility institution)

__________________________________________

(name, surname, patronymic of the head of the Enterprise)

 

 

 

 

Annex 3

of the Water Use Regulations

 

ACT

 

determining the balance inventory boundary of the water supply and sewage system between the water supply and sewerage enterprise and the Consumer

 

“_____” __________ 20___                                  __________________ city (district)

 

 

We, the signatories below ______________________________________________________________________

________________________________________________________________________________

(on behalf of water supply and sewerage enterprise)

represented by ________________________________________________________________________________

________________________________________________________________________________

 

(position, surname, name, patronymic name)

________________________________________________________________________________

and _____________________________________________________________________

________________________________________________________________________________

(if the consumer belongs to the population group, their surname, name and patronymic name; if to another group, provide also their position, name of enterprise or body)

 

represented by determine the balance inventory boundary of the Water Supply and Wastewater Disposal System between the Parties as follows:

________________________________________________________________________________

________________________________________________________________________________

________________________________________________________________________________

(place determined as the balance inventory boundary of the Water Supply and Wastewater Disposal System)

 

Signatures:

                                _______________________                         __________________         

                                _______________________                         __________________         

                                                  (surname, name)                                           

(surname, name)

 

Seal                                                                                           Seal

 

 

 

 

 

 

Annex 4

of the Water Use Regulations

 

TABLE

 

for determining the volume of illegal use of water supply and sewage services

 

Line

No.

Inner diameter of pipe, mm

Hourly water consumption (1.0 m/s), m3

Budget and budget-equivalent organizations

Commercial organizations

Population group

hours

number of working days

monthly consumption, m3

3-month consumption, m3

hours

number of working days

monthly consumption, m3

3-month consumption, m3

family composition (perbsons)

monthly norm per 1 person, m3

monthly consumption, m3

3-month consumption, m3

1

d=15

0,61

5

22

67

201

5

30

92

276

4

5

20

60

2.

d=20

1,14

5

22

125

375

5

30

171

513

4

5

20

60

3.

d=25

1,94

5

22

213

639

5

30

291

873

4

5

20

60

4.

d=32

3,44

5

22

378

1134

5

30

516

1548

4

5

20

60

5.

d=40

4,54

5

22

499

1497

5

30

681

2043

 

 

 

 

6.

d=50

7,63

5

22

839

2517

5

30

1145

3435

 

 

 

 

7.

d=80

19,26

5

22

2119

6357

5

30

2889

8667

 

 

 

 

8.

d=100

30,60

5

22

3366

10098

5

30

4590

13770

 

 

 

 

9.

d=125

47,70

5

22

5247

15741

5

30

7155

21465

 

 

 

 

10.

d=150

67,86

5

22

7465

22395

5

30

10179

30537

 

 

 

 

11.

d-200

123,30

5

22

13563

40689

5

30

18495

55485

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Notes:

1. For Enterprises using water as a raw material, it is assumed that the duration of raw water usage is 4 hours.

2. If groundwater is utilized, it is assumed that the discharge of wastewater into the sewage network will take 4 hours.

3. If an illegal (unauthorized) connection to the water supply system is detected and the date of the connection cannot be determined, the volume of lost water shall be calculated for up to 1 (one) preceding year in accordance with the table above.

 

 

 

 

LIST OF SOURCE DOCUMENTS USED

 

  1. Resolution of the Cabinet of Ministers of the Republic of Azerbaijan 282 dated 7 July 2017 (Khalg newspaper, 11 July 2017, No. 146, Legislative Collection of the Republic of Azerbaijan, 2017, No. 7, Article 1480)
  2. Resolution of the Cabinet of Ministers of the Republic of Azerbaijan 411 dated 22 September 2018 (Khalg newspaper, 25 September 2018, No. 214, Legislative Collection of the Republic of Azerbaijan, 2018, No. 9, Article 1939)
  3. Resolution of the Cabinet of Ministers of the Republic of Azerbaijan 35 dated 7 February 2020 (Khalg newspaper, 12 February 2020, No. 31, Legislative Collection of the Republic of Azerbaijan, 2020, No. 2, Article 186)
  4. Resolution of the Cabinet of Ministers of the Republic of Azerbaijan 225 dated 29 June 2020 (Khalg newspaper, 1 July 2020, No. 124, Legislative Collection of the Republic of Azerbaijan, 2020, No. 6, Article 815)
  5. Resolution of the Cabinet of Ministers of the Republic of Azerbaijan 44 dated 16 February 2022 (Khalg newspaper, 19 February 2022, No. 38, Legislative Collection of the Republic of Azerbaijan, 2022, No. 2, Article 168)
  6. Resolution of the Cabinet of Ministers of the Republic of Azerbaijan 61 dated 26 February 2022 (Khalg newspaper, 4 March 2022, No. 49, Legislative Collection of the Republic of Azerbaijan, 2022, No. 2, Article 185)

 

LIST OF AMENDMENTS AND SUPPLEMENTS TO THE RESOLUTION

 

 

[1] By the Resolution of the Cabinet of Ministers of the Republic of Azerbaijan No. 61 dated 26 February 2022 (Khalg newspaper, 4 March 2022, No. 49, Legislative Collection of the Republic of Azerbaijan, 2022, No. 2, Article 185), the second paragraph of the Resolution was considered as part 1, and a new content part 2 was added.

 

[2] By the Resolution of the Cabinet of Ministers of the Republic of Azerbaijan No. 44 dated 16 February 2022 (Khalg newspaper, 19 February 2022, No. 38, Legislative Collection of the Republic of Azerbaijan, 2022, No. 2, Article 168), a new content Clause 2.2 was added to the “Water Use Regulations”.

 

[3] By the Resolution of the Cabinet of Ministers of the Republic of Azerbaijan No. 411 dated 22 September 2018 (Khalg newspaper, 25 September 2018, No. 214, Legislative Collection of the Republic of Azerbaijan, 2018, No. 9, Article 1939), the words “State Committee on Standardization, Metrology and Patents (hereinafter - “SCSMP”)” were replaced by the words “State Agency for Antimonopoly and Consumer Market Control (hereinafter - “SAACMC”)” in clause 6.1 and the acronym “SCSMP” was replaced by the acronym “SAACMC” in clauses 6.1, 6.6, 6.15 and sub-clause 6.15.2 of the “Water Use Regulations”.

 

By the Resolution of the Cabinet of Ministers of the Republic of Azerbaijan No. 61 dated 26 February 2022 (Khalg newspaper, 04 March 2022, No. 49, Legislative Collection of the Republic of Azerbaijan, 2022, No. 9, Article 185), the words “State Agency for Antimonopoly and Consumer Market Control” (hereinafter - “SAACMC”) were replaced by the words “State Service for Antimonopoly and Consumer Market Control under the Ministry of Economy of the Republic of Azerbaijan (hereinafter - "Service")” and the word “SAACMC” was replaced by the word “Service” in clause 6.1 of the “Water Use Regulations”.

 

[4] By the Resolution of the Cabinet of Ministers of the Republic of Azerbaijan No. 61 dated 26 February 2022 (Khalg newspaper, 4 March 2022, No. 49, Legislative Collection of the Republic of Azerbaijan, 2022, No. 2, Article 185), the word “SAACMC” has been replaced by the word “Service” in the clauses 6.1, 6.6 and 6.15 and in the sub-clause 6.15.2 of the “Water Use Regulations”.

 

[5] By the Resolution of the Cabinet of Ministers of the Republic of Azerbaijan No. 44 dated 16 February 2022 (Khalg newspaper, 19 February 2022, No. 38, Legislative Collection of the Republic of Azerbaijan, 2022, No. 2, Article 168), a new content clause 6.18 was added to the “Water Use Regulations”.

 

[6] By the Resolution of the Cabinet of Ministers of the Republic of Azerbaijan No. 282 dated 7 July 2017 (Khalg newspaper, 11 July 2017, No. 146, Legislative Collection of the Republic of Azerbaijan, 2017, No. 7, Article 1480), the words “(except for the case stipulated in sub-clause 8.1.9 of these Regulations)” were added after the word “unconditional” in clause 8.1 of the “Water Use Regulations”.

 

[7] By the Resolution of the Cabinet of Ministers of the Republic of Azerbaijan No. 282 dated 7 July 2017 (Khalg newspaper, 11 July 2017, No. 146, Legislative Collection of the Republic of Azerbaijan, 2017, No. 7, Article 1480), the period sign at the end of sub-clause 8.1.8 of the “Water Use Regulations” was replaced by a semi-colon, and a new content sub-clause 8.1.9 was added.

 

[8] By the Resolution of the Cabinet of Ministers of the Republic of Azerbaijan No. 282 dated 7 July 2017 (Khalg newspaper, 11 July 2017, No. 146, Legislative Collection of the Republic of Azerbaijan, 2017, No. 7, Article 1480), the words “(except for cases of suspension in connection with a special operation to combat religious extremism)” were added after the word “suspended” in the first sentence of clause 8.2 of the “Water Use Regulations”.

 

[9] By the Resolution of the Cabinet of Ministers of the Republic of Azerbaijan No. 282 dated 7 July 2017 (Khalg newspaper, 11 July 2017, No. 146, Legislative Collection of the Republic of Azerbaijan, 2017, No. 7, Article 1480), the words “sub-clause 8.1.2” were replaced by the words “sub-clauses 8.1.2 and 8.1.9” in clause 8.9 of the “Water Use Regulations”.

 

[10] By the Resolution of the Cabinet of Ministers of the Republic of Azerbaijan No. 35 dated 7 February 2020 (Khalg newspaper, 12 February 2020, No. 31, Legislative Collection of the Republic of Azerbaijan, 2020, No. 9, Article 186), the words “conduct an environmental impact assessment (EIA) of the” and “projects in accordance with the procedure stipulated by the Law of the Republic of Azerbaijan “On Environmental Impact Assessment and, if the national environmental expertise reaches a positive conclusion” and “of these plants” were added before and after the word “plant” accordingly in the second sentence of clause 9.5 of the “Water Use Regulations”.

 

[11] By the Resolution of the Cabinet of Ministers of the Republic of Azerbaijan No. 35 dated 7 February 2020 (Khalg newspaper, 12 February 2020, No. 31, Legislative Collection of the Republic of Azerbaijan, 2020, No. 2, Article 186), new content clauses 9.5-1 - 9.5-4 were added to the “Water Use Regulations”.

 

[12] By the Resolution of the Cabinet of Ministers of the Republic of Azerbaijan No. 282 dated 7 July 2017 (Khalg newspaper, 11 July 2017, No. 146, Legislative Collection of the Republic of Azerbaijan, 2017, No. 7, Article 1480), a new content “Note” was added after the clause 9.17 of the “Water Use Regulations”.

 

By the Resolution of the Cabinet of Ministers of the Republic of Azerbaijan No. 61 dated 26 February 2022 (Khalg newspaper, 4 March 2022, No. 49, Legislative Collection of the Republic of Azerbaijan, 2022, No. 2, Article 185), the “Note” section of the “Water Use Regulations” has been cancelled.

 

[13] By the Resolution of the Cabinet of Ministers of the Republic of Azerbaijan No. 282 dated 7 July 2017 (Khalg newspaper, 11 July 2017, No. 146, Legislative Collection of the Republic of Azerbaijan, 2017, No. 7, Article 1480), the words “except for the case stipulated in sub-clause 3.4.7 of this Contract” were added after the word “circumstances” in the clause 3.4 of the Appendix 1 to the Water Use Regulations: “Contract on water supply and wastewater disposal services concluded with natural persons belonging to the population group”.

 

[14] By the Resolution of the Cabinet of Ministers of the Republic of Azerbaijan No. 282 dated 7 July 2017 (Khalg newspaper, 11 July 2017, No. 146, Legislative Collection of the Republic of Azerbaijan, 2017, No. 7, Article 1480), the period sign at the end of sub-clause 3.4.6 of the Appendix 1 to the “Water Use Regulations”: “Contract on water supply and wastewater disposal services concluded with natural persons belonging to the population group” was replaced by a semi-colon and a new content sub-clause 3.4.7 was added.

 

[15] By the Resolution of the Cabinet of Ministers of the Republic of Azerbaijan No. 282 dated 7 July 2017 (Khalg newspaper, 11 July 2017, No. 146, Legislative Collection of the Republic of Azerbaijan, 2017, No. 7, Article 1480), the words “and special operations carried out to combat religious extremism” were added after the word “accidents” in clause 3.6 of the Appendix 1 to the Water Use Regulations: “Contract on water supply and wastewater disposal services concluded with natural persons belonging to the population group”.

 

[16] By the Resolution of the Cabinet of Ministers of the Republic of Azerbaijan No. 282 dated 7 July 2017 (Khalg newspaper, 11 July 2017, No. 146, Legislative Collection of the Republic of Azerbaijan, 2017, No. 7, Article 1480), the words “sub-clause 3.4.2 of this Contract” were replaced by the words “sub-clauses 3.4.2 and 3.4.7 of this Contract” in the clause 3.8 of the Appendix 1 to the Water Use Regulations: “Contract on water supply and wastewater disposal services concluded with natural persons belonging to the population group”.

 

[17] By the Resolution of the Cabinet of Ministers of the Republic of Azerbaijan No. 282 dated 7 July 2017 (Khalg newspaper, 11 July 2017, No. 146, Legislative Collection of the Republic of Azerbaijan, 2017, No. 7, Article 1480), the period sign at the end of sub-clause 3.4.9 of the Appendix 2 to the “Water Use Regulations”: “Contract on water supply and wastewater disposal services concluded with legal entities and natural persons engaged in entrepreneurial activities without forming a legal entity” was replaced by a semi-colon and a new content sub-clause 3.7.10 was added.

 

[18] By the Resolution of the Cabinet of Ministers of the Republic of Azerbaijan No. 282 dated 7 July 2017 (Khalg newspaper, 11 July 2017, No. 146, Legislative Collection of the Republic of Azerbaijan, 2017, No. 7, Article 1480), the words “and 3.7.9” were replaced by the words “3.7.9 and 3.7.10” in clause 5.2 of the Appendix 2 to the “Water Use Regulations”: “Contract on water supply and wastewater disposal services concluded with legal entities and natural persons engaged in entrepreneurial activities without forming a legal entity”.

 

[19] By the Resolution of the Cabinet of Ministers of the Republic of Azerbaijan No. 225 dated 29 June 2020 (Khalg newspaper, 1 July 2020, No. 124, Legislative Collection of the Republic of Azerbaijan, 2020, No. 6, Article 815), the word “Economic” was removed from the in clause 5.4 of the Appendix 2 to the “Water Use Regulations”: “Contract on water supply and wastewater disposal services concluded with legal entities and natural persons engaged in entrepreneurial activities without forming a legal entity”.