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Law of the Republic of Azerbaijan on Water Supply and Wastewater Disposal


Law of the Republic of Azerbaijan

 

On Water Supply and Wastewater Disposal

Chapter I

General Provisions[1]

 

Article 1 Basic terminology

 

The terms used in this Law shall mean the following:

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

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

water supply and sewerage enterprises (water supply enterprises, sewerage enterprises) - legal entity that ensures water supply and wastewater disposal within certain territorial (zone) limits regardless of its form of ownership and organizational-legal form;

consumer - natural person or legal entity using water services of the water supply and sewerage enterprise;

water supply and wastewater disposal facilities (water supply facility, wastewater disposal facility, facility) - any enterprise, office, organization, residential building, land plot, plant, building connected or to be connected to the general (main) water supply and sewage systems through their internal (distribution) water pipes and sewage network;

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

water of industrial purpose - water used for manufacturing/production, industrial, technological and other technical purposes;

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;

representative of water (sewage) enterprise - an official whose powers are provided for in Articles 49 and 50 of this Law;

local bodies - respective executive authorities and municipalities whose powers in the field of water supply are determined by the Water Code of the Republic of Azerbaijan, other legislative acts and this Law;

owners of water supply and sewage body (body) - owners or leasers of water supply and sewage bodies, or bodies (enterprises, plants, buildings, houses, apartments) using water supply and sewage services;

water utility passport - technical document specifying the normative volume of water used (to be used), as well as the permissible limit of contaminants in the wastewater discharged (to be discharged) into sewage systems by a water supply and sewage body depending on their activities, operation and technical specifications, with the exception of consumers belonging to the population group; [2]

 

Article 2. Purpose of the Law

 

The purpose of the Law is to ensure the supply of consumers with an adequate quantity of water that meets state quality standards, and provide regulations for the management of relations in the field of wastewater disposals. [3]

 

Article 3. Legislation on Water Supply and Wastewater Disposal

 

  1. Legislation on Water Supply and Wastewater Disposal shall consist of the present Law, the Water Code of the Republic of Azerbaijan and other normative legal acts.
  2. In the event of any conflict between the provisions of this Law and international legal norms or agreements that the Republic of Azerbaijan adheres to, the latter shall prevail.

 

Article 4. Rights related to water usage

 

  1. Natural persons and legal entities shall have the right to use water resources, build and operate water pipes and sewage plants, and to dispose of wastewater and waste in compliance with the provisions and conditions set out in this Law and other normative legal acts.
  2. The water acquired by the water supply and sewerage enterprise (the treated wastewater) shall be considered the enterprise’s own product, which is then used for its designated purpose.
  3. The water obtained by legal entities and natural persons from water supply enterprises shall be their property and, except in cases provided for in this Law, can be used by them according to their preferences.

 

Article 5. Principles of providing water supply and wastewater disposal services

 

  1. When carrying out their duties, water supply and sewerage enterprises shall adhere to the following principles:
  2. a) ensuring the cost recovery of their services in water supply, wastewater discharge and waste disposal;
  3. b) providing consumers with the required quality and quantity of water, especially for drinking purposes;
  4. c) efficient use of water resources;
  5. d) creating a reliable system for the treatment and disposal of wastewater and waste.
  6. Water supply and sewerage enterprises shall implement their rights, powers and duties in accordance with the legislation and by following the terms of the contracts concluded with consumers or respective executive authorities (municipalities) for providing the services specified in sub-clause “a” of clause 1 of this Article.
  7. The sale and purchase of water between the water supply enterprise and the consumer shall be carried out on the basis of a contract. The sample of the sale and purchase contract between water supply enterprises and consumers, the price of water, the conditions for connection to and disconnection from the network, the quality of water, the conditions of payment for the cost of water, and other matters shall be governed by water use regulations. Water use regulations shall be determined by the respective executive authority.[4]

 

Article 6. Functions of water supply and sewerage enterprises

 

Water supply and sewerage enterprises shall carry out the following functions:

  1. a) to provide services in accordance with the procedures and duties outlined in their governing documents;
  2. b) to manage the water resources and water supply and sewage systems designated for the enterprise's use;
  3. c) to implement decisions taken by the appropriate executive authority concerning the duties of water supply and sewerage enterprises.

 

Chapter II

State Regulation in Water Supply and Sewage Sector

 

Article 7. Water supply and wastewater disposal systems positioning and development schemes

 

  1. The design and construction of water supply and wastewater disposal systems, the provision of water for household (utility)-drinking, industrial-technological and other needs of the population, institutions, offices and organizations, as well as the processes of wastewater disposal, transportation, treatment, neutralization and disposal, shall be implemented in accordance with the republican and regional schemes for the positioning and development of water supply and sewage utilities.
  2. The republican schemes shall be prepared and approved for the entire territory of the Republic of Azerbaijan in accordance with the procedures determined by the respective executive authority.
  3. The regional schemes of the Nakhchivan Autonomous Republic shall be prepared and approved by the respective executive authorities of the Nakhchivan Autonomous Republic.
  4. The regional schemes of cities and districts shall be prepared and approved by the respective executive authorities with the participation of municipalities in the manner prescribed by the respective normative legal acts.
  5. During the design of the complex of water supply and sewage systems, a strategic environmental assessment shall be conducted in accordance with the Law of the Republic of Azerbaijan “On Environmental Impact Assessment”.[5]

 

Article 8. State aid for water supply and sewerage enterprises

 

  1. State aid can be provided to water supply and sewerage enterprises to ensure the reliable operation and development of centralized water supply and sewage systems, as well as to eliminate the consequences of natural disasters.
  2. In the event of inefficient use of allocated funds for water supply and sewerage enterprises, based on the decision of the respective executive authority, state aid may be reduced, or in case of misuse of funds, terminated.
  3. State aid can be provided in the form of subsidies or loans. The specific type, conditions and amount of state aid shall be determined by the respective executive authority.
  4. The payment of costs incurred by the privileged services provided by the water supply and sewerage enterprise to certain categories of the population shall be carried out in accordance with the relevant legislation.

 

Article 9. Identification of areas (zones) and designation of enterprises responsible for them

 

  1. In accordance with this Law, the respective executive authority shall ensure the division of the country’s territory into water supply and/or wastewater disposal zones and designate enterprises responsible for the supply of water and/or discharge of wastewater in one or more zones. The water supply and sewerage enterprise responsible for water supply and wastewater disposal in a particular territory shall carry out the duties and powers provided for in the legislation and the contract concluded with the respective executive authority.
  2. The respective executive authority may authorize the water supply and sewerage enterprise to carry out its activities outside the scope of the service zone of the enterprise in accordance with the rules and conditions established by the relevant normative legal acts, in agreement with the municipalities.

 

Article 10. Granting of permit for use of water bodies

 

The respective executive authority shall authorise the following by agreement with the municipalities in accordance with the rules and conditions stipulated by the legislation:

  1. a) the intake of a certain amount of surface and ground water;
  2. b) the discharge of wastewater into any surface and groundwater basins, as well as the transport and dumping/deposition of wastes (including liquid wastes) on landfills or in water basins;
  3. c) the construction of water dams, water storage facilities and other waterworks.

 

Article 11. Activity in emergency situations

 

  1. In this Article, “emergencies/emergency situations” shall refer to major accidents and natural disasters, which can lead to the following consequences:
  2. a) serious disruption of the functioning of water supply and wastewater disposal plants;
  3. b) material damage, destruction, and human casualties that affect the well-being of the entire population or a majority, or an environmental emergency.
  4. When emergencies occur, the respective executive authority, the relevant water supply and sewerage enterprise and the municipality shall work together to address the situation.
  5. The respective executive authority shall allocate public funds to cover the expenses incurred by water supply and sewerage enterprises in relation to eliminating the consequences of emergency situations.

 

Chapter III

Water SUPPLY

 

Article 12. Duties of water supply and sewerage enterprises

 

Each water supply enterprise shall ensure the following by creating and maintaining an efficient and cost-effective water supply system within its designated zone,

  1. a) providing consumers with the necessary amount of water meeting the quality standards and requirements set by relevant state standards, based on its intended use, and in quantities determined by the respective executive authority for household (utility), industrial and other purposes; [6]
  2. b) eliminating water leakage from water pipes into the environment and preventing such incidents;
  3. c) appropriately storing and improving essential resources, expanding and enhancing services, as well as carrying out other duties related to water supply in accordance with this Law.

The activities of authorized representatives of water supply enterprises 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”.[7]

 

Article 13. Water supply for household (utility)-drinking purposes

 

  1. Water supply enterprises shall provide the facilities with the necessary amount of water and install water pipelines in order to meet household (utility) and drinking needs in a specific territory of their service zone in the following cases:
  2. a) when receiving a request of the consumers located in the service zone of the enterprise;
  3. b) when there are facilities, buildings, including the buildings under construction or in the design phase, whose water supply is to be provided by means of new water pipelines;
  4. c) if necessary contracts are concluded before the supply of water to the facilities in that territory, which involve fulfilment of the requirements laid down by the relevant normative legal acts and payment of the service fee.
  5. Water supply enterprises may require the consumers who need the water pipelines to provide the water supply enterprise with the (financial and other) guarantees necessary during the construction of the water pipeline, including obligations related to annual payment of the costs incurred within an agreed period after the water pipeline is operational, or guarantees about the fulfilment of other obligations in accordance with the legislation or applicable contracts. [8]
  6. The terms and conditions for all matters relevant to the construction and commissioning of new water pipelines shall be determined in accordance with the contract concluded between the parties, or, in the absence of such a contract, in accordance with the legislation.
  7. Water supply enterprises shall be obligated to provide the facilities with water for household (utility) drinking purposes only if the above requirements are met and only in the case of supply of the facilities provided for in this Article.
  8. Water supply enterprises may refuse to carry out their duties under this Article if the consumer fails to pay the fees provided for in this Law on time.
  9. Consumers who are provided with water for household (utility) drinking purposes shall be prohibited from using this water for any purposes not specified in the contract, as well as from allowing other consumers to use it for such purposes.

 

Article 14. Water supply for industrial purposes

 

  1. The provisions of this article may be applied if the owner of the facility has placed an order with the water supply enterprise for supply of water to the facility, and:
  2. a) the facility is entirely or mainly a non-residential building;
  3. b) the water supply is intended for purposes other than household (utility) and drinking.
  4. Water supply enterprise shall be obligated to supply with water any facility to which this Article applies, in accordance with the agreed periods and conditions.
  5. Water supply enterprise may decline supplying water in the following circumstances:
  6. a) if the creation of a new water supply system would result in excessive additional costs, taking into account the current (at the time of the order) and forecasted obligations of the water supply enterprise to supply water to consumers for household (utility)-drinking and other purposes;
  7. b) if this creates obstacles to the fulfilment of the water supply enterprise’s present and future obligations towards consumers of household (utility)-drinking water;
  8. c) if the condition of the consumer's internal water distribution network does not comply with the technical regulations for water pipeline maintenance.
  9. The terms and conditions for supply of water to the facilities stipulated in this Article shall be determined in accordance with the contract concluded between the parties, or, in the absence of such a contract, in accordance with the legislation.

 

Article 15. Water supply for public needs

 

  1. Water supply enterprises shall supply water for public needs to sewage, greening, road construction enterprises and local authorities (municipalities) on the basis of submitted applications. This includes supplying water for cleaning of sewer pipes and drainage channels, washing and watering of highways, as well as for other public purposes that require extensive use of water, including parks, pools, baths, laundries and heating systems.
  2. Pursuant to this Article, the provision of water supply by water supply enterprises shall be based on contractual terms that are mutually beneficial and cost-effective for all parties involved.
  3. Pursuant to this Article, the water supply enterprise shall not be obligated to carry out any water supply that necessitates additional expenses or works not provided for in the contract. However, by agreement of the parties, the water supply enterprise may perform such works at the (full or partial) expense of the customer.

 

Article 16. Wholesale supply of water

 

  1. The respective executive authority may adopt a decision on the wholesale supply of water by one (or more) water supply enterprise to another (or others) in the following cases:
  2. a) if the enterprise granting water does not experience a water shortage as a result of granting water and does not suffer any financial loss;
  3. b) if it is not possible to conclude a relevant contract for the granting of water between/among the water supply enterprises (parties).
  4. The decision made by the respective executive authority under this article shall include provisions for reimbursing the water supply enterprise for any expenses incurred in relation to this decision.

 

Article 17. Sanitary protection zones

 

  1. In order to create and implement sanitary protection zones stipulated in the Water Code of the Republic of Azerbaijan, water supply enterprises shall have the right to prohibit the activities of landowners (users, leasers) of land plots, as well as other individuals, within these zones.
  2. Water supply enterprises shall implement the regime of sanitary protection zones in accordance with existing construction norms and regulations.

 

Article 18. Quality of water supply

 

  1. Water supply enterprise shall implement the following measures to ensure the water quality requirements for household (utility) needs:
  2. a) ensure the quality of water until it is delivered to the water distribution network;
  3. b) monitor compliance with the applicable state standards for the quality of granted water;
  4. c) monitor water quality at the point of withdrawal and prevent its usage if it fails to meet the applicable state standards.
  5. Water supply enterprises shall take timely emergency measures to prevent deterioration of the quality of water taken from one or more sources and delivered into water mains in order to supply household (utility) and drinking water to facilities.
  6. Water supply enterprises shall not be responsible for deterioration of water quality after the water is delivered from the main pipeline to the consumer's distribution network, except for incidents that occur through their fault.
  7. If there is a risk of water quality deterioration at the moment of transfer of water from the main pipeline to the consumer's distribution system through the fault of the water supply enterprise, the enterprise shall take necessary measures to eliminate or minimize such risk.

 

Article 19. Stability of water supply

 

  1. Water-supply enterprises shall ensure a minimum constant pressure in accordance with established norms in household (utility) and drinking water mains and other water pipelines or in the outlets connected to them used for fire protection purposes.
  2. In accordance with this Article, water supply enterprises shall not be held liable for the uninterrupted provision of water during the suspension or restriction of water supply for the purpose of accident resolution and preventive maintenance.
  3. The decision of the respective executive authority regarding the maintenance of water supply pressure and stability at an additional higher level shall provide for granting of monetary compensation necessary for the implementation of this decision at the water supply enterprise.

 

Article 20. Water supply during water shortage

 

  1. In cases where it is not possible to grant water in the quantity and quality determined in accordance with sub-clause “a” of Article 12 of this Law at the intended expenses, the water supply enterprise shall, upon the application of local authorities (municipalities) and at their expense, ensure the delivery of water to locations agreed upon between the parties or directly to facilities by other means (with the aid of water-carrying vehicles or transportation of water tanks). [9]
  2. The provisions of paragraph 1 of this Article shall apply in the event that:
  3. a) the low quality or scarcity of water supply for household (utility) and drinking purposes may endanger people's health and lives. In this case, local authorities (municipalities) shall inform water supply enterprises and present their own demands so that the water supply enterprise can assess the possibilities of meeting these demands;
  4. b) the water supply enterprise has the financial and technical resources to fulfil the requirements mentioned in sub-clause “a” of this clause with the help of alternative means;
  5. c) local authorities (municipalities) conclude a contract with the water supply enterprise regarding the settlement of expenses incurred during an alternative water supply period within a specific timeframe and also specify the reimbursement periods.
  6. In terms of providing an alternative water supply to the population, apart from the centralized water supply costs, further expenses shall be paid to the water supply enterprise from the respective budgetary funds.

 

Article 21. Announcement of the commissioning of water supply system

 

The water supply enterprise shall officially notify the local authorities (municipalities) of the commissioning of the water supply system in the water supply zone or part of it, and announce it in the media.[10]

 

Article 22. Payment of water supply system construction costs

 

The costs of creating or constructing water supply systems may be paid by the water supply enterprise from the following sources:

  1. a) from the payouts made by the owners of water supply facilities;
  2. b) from the general revenues and funds of the water supply enterprise;
  3. c) from public funds allocated for partially covering the expenses of developing and constructing the water supply system, as well as other payouts.

 

Article 23. Duties and conditions arising from connection to the water supply system

 

  1. Upon request from any consumer located in their respective water supply zone, the water supply enterprise shall connect them to the water supply system subject to the following conditions:
  2. a) the applying consumer is the owner of an existing or planned facility or part thereof;
  3. b) the connection is carried out at the expense of the consumer belonging to consumer groups other than natural persons.
  4. The water supply enterprise may require the following in connection with the application:
  5. a) the provision of necessary information for connection to the water supply system, and the submission of the water utility passport; [11]
  6. b) compliance with applicable norms, rules and requirements for connection in the course of work carried out by the consumer. [12]
  7. The water supply enterprise shall not engage in any form of discrimination against any group of consumers or potential consumers without any valid justification when providing services. In accordance with the conditions and procedures prescribed by the legislation, objections may be raised against the provision of initial services to individual consumers or consumer groups.
  8. Residential buildings, including apartments, may only be submitted to the State Admission Commission for commissioning once they are fully connected to the water supply system and have water meters installed. The procedure and fee for connection to the water supply system of residential buildings, including apartments, shall be determined by the respective executive authority.[13]
  9. The granting of technical specifications for the connection of consumers to water supply and wastewater disposal systems, as well as the rules regarding the sample, preparation and approval of the water utility passport, shall be determined by the respective executive authority.[14]

 

Article 24. Requirements for connection to the water supply system

 

  1. Water supply enterprises may formally require the following from the consumers within their service zone limits:
  2. a) that they join the water supply system on legal grounds;
  3. b) termination of any unlawful or non-compliant connection that does not meet established norms, regulations and requirements;
  4. c) implementation of the necessary works for the provision of water supply services. ;
  5. d) preparation of a water utility passport.[15]
  6. Consumers may submit a written application to the water supply enterprise expressing their interest in connecting to the water supply system.

The water supply enterprise shall review the application within ten days and either grant authorization to connect the facility to the water supply system or reject it, providing valid justifications.

A complaint regarding the rejection of connection can be made in compliance with the legislation.

  1. The water supply enterprise may send a notification to consumers regarding their joint connection to the water supply system, specifying the duration of the connection.
  2. If consumers fail to meet or partially meet the requirements of water supply enterprises to carry out the necessary works for connection within the specified timeframes, the water supply enterprises may carry out these works at the expense of said consumers.
  3. The costs incurred by the water utility enterprises for the connection, including connections made under the substitution principle, shall be paid by all consumers who benefit from such connections and use water.

 

Article 25. Expansion of water supply system

 

  1. Owners of facilities situated in areas without a water supply system or local authorities (municipalities) may submit a written application to the water supply enterprise pertaining to the extension of the existing water supply system. The expansion of the water supply system and the connection of facilities shall be carried out at the expense of the authority or facility owner who has submitted the application.
  2. If the cost of expanding the existing water supply system (including the water mains) exceeds the amount of payments to be collected from consumers, water supply enterprises may require applicants to make upfront payments towards the expenses required for the expansion of the water supply system. In this case, such payment shall be considered as an add-on to the payment required for a standard connection.

 

Article 26. Rights of water supply enterprises to restrict and suspend water supply

 

  1. Water supply enterprises may suspend the water supply to consumers in the following circumstances:

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

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

when the turbidity of surface waters in water withdrawal sites increases, or when an emergency environmental crisis occurs in the water basin;

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;

when the water bill for the water granted by the water supply enterprise to the consumer is not paid in full within one month after it is submitted (sent) by the water supply enterprise;

if a relevant contract with the water supply enterprises has not been concluded;

when water from water mains intended for household (utility) and drinking purposes is used for purposes other than originally intended;

upon a court decision;[16]

when a special operation against religious extremism is conducted, based on the instructions of the authority responsible for carrying out such special operations in the area.[17]

  1. When a water supply enterprise suspends or restricts the water supply based on paragraphs six and seven of clause 1 of this Article, it may require the consumer to pay the expenses related to the suspension, restriction and restoration of the water supply.[18]
  2. Granting of water to consumers shall be suspended only on a case-by-case basis (except for cases when the suspension is connected with a special operation being conducted against 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 other consumers who pay the cost of water on time. [19]
  3. Obstruction by a consumer of an authorized person of a water supply enterprise from preventing the violation of the requirements of this Law shall result in statutory liability for the consumer involved.[20]

 

Article 27. Duties of the water supply enterprise in cases of restriction and suspension of water supply

 

  1. In cases where water supply is suspended due to necessary works, the water supply enterprise shall implement the following:
  2. a) ensure the execution of specified works within the given timeframes;
  3. b) execute the suspension of the household (utility)- drinking water supply to the facility for more than 24 hours in order to carry out the necessary works only on the condition that an emergency water supply is made available to the facility (through temporary pipelines or other methods).
  4. If a notice is received from the consumer about refusal from the supply of water, indicating the date, the water supply enterprise shall suspend the water supply.

Except for the cases of emergency and special operations being conducted against religious extremism or in the event of a partial suspension of water supply, the water supply enterprise may only suspend the supply of water to the consumer after giving advance notice, as envisaged in Article 28 of this Law. [21]

 

Article 28. Notification about the suspension of water supply[22]

 

  1. A water supply enterprise may suspend, restrict, or regulate the water supply in the cases specified in this Law, subject to unconditional notification of the consumer.
  2. The notification/warning shall mention the following:
  3. a) the water supply zone that the notification pertains to;
  4. b) the duration of the suspension, regulation or restriction of water supply (if days and hours are not specified);
  5. c) rules for meeting the requirements of the notification.
  6. d) the objectives of implementing such activity;
  7. e) other matters related to such activities.
  8. The notification may be communicated to the consumer by the following methods:
  9. a) via media;
  10. b) via sound amplifying devices moving in the water supply zone;
  11. c) by mail or other means of communication.
  12. All consumers must comply with the requirements specified in the notification.

 

Article 29. Temporary prohibitions on water use

 

  1. In the event of a serious shortage of drinking water supply, water supply enterprises may suspend or restrict the use of water granted for the following purposes:
  2. a) water granted for irrigation of private gardens;
  3. b) water granted for public purposes;
  4. Water supply enterprises shall provide advance information via media about the duration, area and date of the planned restriction or suspension of water supply via mass media.[23]
  5. Individuals who violate the provisions of this Article during the suspension or restriction of water supply shall be held liable in accordance with the legislation.
  6. When information about the suspension or restriction of water supply is announced in accordance with this article, the payment to be received by the water supply for that period shall be reduced in a justified manner. If advance payments have been deducted, then this amount will be credited towards future payments.

 

Article 30. Calculation of the volume of the granted water

 

  1. The water supply enterprise shall determine the volume of water granted to the consumer either by using water meter devices or by calculating it in accordance with the relevant normative legal acts. The water supply enterprise shall accurately calculate the value of the water granted to the consumer and present (send) monthly information (bill) to the consumer. Upon full payment of the water bill by the consumer, the water supply enterprise may not require the consumer to pay the value of water that has not been properly calculated due to an error made by the water supply enterprise.[24]
  2. The commissioning of new facilities prior to the installation of water-metering devices shall be prohibited.

 

Article 31. Installation and operation of water metering devices

 

  1. The supply, installation and replacement of water-metering devices by consumers who are natural persons shall be carried out at the expense of the water supply enterprise. [25]
  2. In situations specified by the legislation, the water supply enterprise shall bear the cost of installing water metering devices. [26]
  3. Water supply enterprise shall keep a report of all water metering devices installed.
  4. An authorized representative of the water supply enterprise shall have the right to access the water supply equipment in accordance with the legislation to record readings from water-metering devices, as well as to undertake tasks such as installation, repair, replacement, removal, relocation, maintenance, and deletion of readings from such devices.
  5. In order to ensure the proper measurement and registration of water supply, the replacement, repair, removal, installation, elimination of factors hindering its operation, or any other works shall be carried out by or in the presence of an authorized representative of the water supply enterprise.
  6. The consumer shall have the right to submit a written application to the water supply enterprise for the verification of the water-metering device's precision. The water supply enterprise shall be obligated to carry out such verification within three weeks from the date of receipt of the written application at the expense of the consumer.

 

Article 32. Consumer duties pertaining to the calculation of volume of the water granted

 

  1. Consumers shall carry out the following in relation to the calculation of the volume of water granted:
  2. a) ensure protection of the water-metering device and maintain it in proper technical condition;
  3. b) take necessary measures to prevent the distortion of the readings of the water-metering device;
  4. c) ensure that the authorized representative mentioned in Article 31 of this Law is provided with access to the water-metering devices;
  5. c) to provide the water supply enterprise with the water-metering device reading that reflects the amount of water consumed and the necessary information about the condition of the device.
  6. If a consumer fails to comply with the requirements for protection of water-metering devices, an authorized representative of the water supply enterprise may, at the consumer's expense, perform maintenance, re-installations and troubleshooting to ensure their proper functioning, or perform any other work necessary for the measurement and accurate recording of water supply.

In the event of a malfunction with the reader of a water-metering device, the water supply enterprise shall calculate water consumption during the relevant period based on the water pipe's discharge capacity, taking into account the readings from the previous relevant period. The procedure for determining the period of malfunction of the water-metering device shall be approved by the respective executive authority.

  1. A consumer who needs to re-install a water-metering device must make a written request to the water supply enterprise no later than seven days from the day the need arises. The readings of the water-metering device shall be taken at the time of its re-installation.

 

Article 33. Rights of consumers

 

Consumers shall have the following rights:

  1. a) to build appropriate facilities and plants for using water bodies for special purposes;
  2. b) to demand compensation for the water not received in the volume prescribed by the contract (except for the cases provided for by the legislation);
  3. c) to conclude a contract with water supply enterprises for the purpose of connecting to the water pipeline in order to obtain water.
  4. d) to obtain water for domestic (utility)-drinking purposes that meets the quality standards;
  5. e) to reuse water in connection with production/industrial needs;
  6. f) to exercise other rights specified in the Water Code and other legislative acts of the Republic of Azerbaijan.

 

Chapter IV

DISCHARGE OF WASTEWATER

 

Article 34. Main duties of sewerage enterprises

 

  1. Main duties of sewerage enterprises are as follows:
  2. a) transportation, treatment neutralization and discharge of wastewater into the environment or water basins;
  3. b) ensuring the expansion and reconstruction of sewage systems in common use and their maintenance;
  4. c) implementing measures to address wastewater leaks from sewage systems into the environment and proactively taking steps to prevent such occurrences.
  5. The disposal of wastewater into water bodies shall be carried out by the sewerage enterprise in compliance with the legislation.
  6. The activities of authorized representatives of sewerage enterprises 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”.[27]

 

Article 35. Commissioning of new sewage plants

 

  1. Upon completion of the construction of the sewage plants and their acceptance into their own records, the sewerage enterprises shall announce thir readiness to receive wastewater within the service area of these plants and shall ensure that the relevant are connected to these plants.

The commissioning of new sewage plants shall be carried out in accordance with the normative legal acts.

  1. Upon connection of the facilities to sewage plants, their owners shall pay the fees established in accordance with this Law.
  2. After the announcement of the commissioning of sewage plants, all facilities currently being built or undergoing reconstruction within the service area of ​​the sewerage enterprise shall be connected to the sewage system. Any private plant used for the discharge of wastewater may only be operated upon obtaining permit from sewerage enterprises, subject to compliance with the respective state standards and adherence to relevant normative legal acts.
  3. If the owner of the facility objects to connecting the facility to the sewage system, the sewerage enterprise shall have the right to demand that they pay the fee for utilizing the sewage system in compliance with the legislation.

 

Article 36. The right to connect to a common use sewage system

 

When there are no sewage systems in common use in areas where a facility is being constructed or is planned to be developed, local authorities (municipalities) or the owner of the facility may place a written order with the sewerage enterprise for the installation of sewer pipes or construction of sewage plants at their own expense, with the purpose of connecting the facility to the common use sewage system.

 

Article 37. Connection to a common use sewage system and discharge of wastewater

 

  1. To connect separate sewage systems and wastewater disposal facilities to the common use sewage systems:
  2. a) the owner of the facility shall apply to the sewerage enterprise in the prescribed manner, as well as prepare and submit a water utility passport; [28]
  3. b) the sewerage enterprise shall guarantee that such connection will not adversely affect the state of operation of the common use sewage system;
  4. c) to confirm the compliance of the condition and construction of the sewage plants of the facility to be connected with the relevant requirements, the sewerage enterprise shall conduct the necessary inspection at the facility at the expense of the applicant;
  5. d) the applicant shall pay all costs (including the cost of soil works on roads) associated with connecting the facility to the common use sewage system.
  6. If the applicant breaches the rules and regulations concerning the connection to sewage systems, the sewerage enterprise may decline the connection of the facility, and subsequently abstain from conducting any wastewater disposal and drainage activities in the corresponding area.
  7. The applicant shall have the right to lodge a complaint regarding the decision to refuse to connect their facility to the common-use sewage system and to wastewater disposal, in accordance with the legislation.

 

Article 38. Coordination of matters related to connection to common-use sewage systems and wastewater disposal

 

  1. In order to connect to the common use sewage system:
  2. a) the owner of the facility to be connected shall submit the plan (project) of connection and water utility passport of the facility within one month from the date of receiving a response from the sewerage enterprise or within one month from the date of their own application. The sewerage enterprise shall review this plan within a month and approve it (if necessary, with modifications). The owner of the facility shall perform the connection in accordance with the approved plan and the agreed water utility passport; [29]
  3. b) in order to prevent unjustified denial of connection, the sewage facility shall conduct objective examination of the connection request;
  4. c) if the cost of the expanding the existing sewage system in order to connect the applicant's facility exceeds the amount intended to be charged for the discharge of wastewater from this facility, the sewerage enterprise may request that the applicant make an upfront payment of a portion of the amount required for the expansion of the sewage system;
  5. d) if the owner of the facility is unable to ensure the completion of works related to the connection of the facility within the specified period, such works may be carried out by the sewerage enterprise at the expense of the owner of the said facility.

 

Article 39. Prohibition of discharge (disposal) into sewage system

 

  1. Discharge (dumping) of the following items into the common use sewage systems by consumers shall be prohibited:
  2. a) rainwater;
  3. b) any substances that interfere with the processing or flow of wastewater, that degrade sewer pipes;
  4. c) oil products and calcium carbide;
  5. d) substances that are hazardous to human health;
  6. e) untreated wastewater of infectious hospitals;
  7. f) prohibited wastes, wastewater and substances, except as provided in the household and industrial wastewater disposal contract with the sewerage enterprise.
  8. Discharging wastewater into stormwater sewage system shall be prohibited.
  9. The types of production and establishments, or specific enterprises that are prohibited from discharging (disposing of) industrial waste, shall be determined by normative legal acts.

 

Article 40. Granting/transfer of separate sewage plants (equipment, systems) to sewerage enterprises

 

  1. An owner of a separate sewage plant may apply for the granting/transfer of their personal sewage plant to a sewerage enterprise.
  2. The sewerage enterprise shall also notify the owner of the separate sewage plant of its intention to purchase the said plant. Within two months thereafter, the sewage facility and the owner of the separate sewage plant shall agree on the conditions for the transfer of the plant, including the possibility of reimbursement.
  3. Unless otherwise provided by law, upon the transfer of the separate sewage plant to the sewerage enterprise, the rights and duties of the previous owner, together with the land plot necessary for the use, technical service and repair of the sewage plant, shall be transferred to the sewerage enterprise.

 

Article 41. Requirements concerning separate sewage systems

 

  1. Construction of a separate sewage system or installation of equipment for connection to the common-use sewage system shall be carried out with the consent of the sewerage enterprise in accordance with the relevant normative legal acts.
  2. Authorized representatives of the sewerage enterprise shall have the following rights:
  3. a) to enter the facility from which wastewater is discharged to monitor compliance with norms and regulations governing the construction of a separate sewage system and requirements for the installation and safe operation of equipment;
  4. b) to take samples of water and wastewater;
  5. c) to require the facility owner to implement the following measures within the timeframes specified in the notice provided to the facility owner regarding the connection of the facility to the common use sewage system:

perform cleaning, repair or maintenance of the equipment;

cease operation (in whole or in part, permanently or temporarily) of the equipment if it fails to comply with the established norms;

implement other necessary requirements in order to prevent or stop contamination of water.

  1. If the owner of a facility discharging wastewater or a separate sewer fails to comply with the measures envisaged in sub-clause (c) of clause 2 of this Article, the sewerage enterprise may perform the necessary works at the owner's expense.

 

Article 42. Right to inspect damaged separate sewage systems

 

  1. In the following cases, a sewerage enterprise in common use shall be entitled to perform inspections of separate sewage systems and carry out necessary works, including earthworks, for this purpose:
  2. a) when the technical condition of the sewage systems and plants connected to the sewage systems in common use poses a risk to human health and causes considerable inconvenience;
  3. b) when wastewater leaks from sewage systems and contaminates groundwater.
  4. Except for the proven cases outlined below, all the costs connected with rectifying identified malfunctions, as stated in clause 1 of this Article, shall be borne by the owners of the separate sewage system (facility):
  5. a) the owner of the facility accurately fulfils all the previously submitted requirements regarding the execution of necessary works within the prescribed timeframes;
  6. b) the sewerage enterprise has insufficient basis to require the owner of the sewage facility to perform the said works;
  7. c) the work performed by the sewage facility is not necessary or the funds to carry out such work are used inefficiently.

 

Article 43. Suspension of the operation of sewage system

 

  1. A sewerage enterprise may only prohibit or temporarily suspend the use of the sewerage in the following circumstances:
  2. a) installation, repair and maintenance of the equipment is being carried out;
  3. b) at the time of connection and commissioning of the equipment;
  4. c) when there is a need to prevent the leakage of wastewater and contamination of water.
  5. In the event of a termination or prolonged suspension of the sewage system in certain areas, sewerage enterprises shall connect facilities in the same area to the other sewage system at their own expense as stipulated in this Law.

 

Article 44. Industrial wastewater/effluents

 

  1. Sewerage enterprises may conclude a contract with any consumer (legal entities and natural persons) for the discharge, storage and treatment of industrial wastewater from their facilities.
  2. 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”. Sewerage enterprises shall routinely observe these facilities to maintain control over the composition of the wastewater being discharged from the facility into the common use sewage system. [30]

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 authority (entity) determined by the respective executive authority in relation to these facilities (Waste Discharge Limit (WDL), Effluent Discharge Limit (EDL), Environmental Passport), taking into account the requirements of normative legal acts and technical regulatory legal acts in the field of environmental protection.

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.

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.

  1. Sewerage enterprises may require initial cleaning of any industrial wastewater from the owner of the facility before discharging it to the sewer. In the event that these wastewaters pose a threat to the following (either on their own or when combined with other substances), sewerage enterprises may refuse to conclude a contract on the disposal of industrial wastewater:
  2. a) to the lives, health, property of people in contact with these waters and to the environment;
  3. b) to the safe operation and technical condition of sewerage enterprise equipment;
  4. c) to the technological processes of purification and treatment of wastewater.

Such refusal may also be exercised when agreement is not reached regarding the transportation and processing costs of the industrial wastewater.

  1. Consumers may appeal the sewerage enterprise’s decision to the court in accordance with the legislation if they disagree with:
  2. a) refusal of the sewage facility to conclude the industrial effluents disposal contract;
  3. b) the terms of such contract;
  4. c) the amount of the payouts for the disposal of industrial effluents.

 

Chapter V

General rights and duties of water supply and sewerage enterprises

 

Article 45. Rights to use lands

 

  1. Water supply and sewerage enterprises shall ensure the construction of water supply and sewage plants in order to fulfil their duties and shall have the right to use the land for such purposes in accordance with the applicable legislation.
  2. The allocation of lands owned by the state or municipalities shall be carried out in compliance with the legislation, with the consent of the respective executive authority and/or municipal authority.

In cases where there is no conflict with land legislation, the use of private land for the stated purposes shall be conducted in accordance with the contract concluded with the landowner, whether it be for purchase, lease, or compensation agreement.

 

Article 46. Restriction of land property rights[31]

 

Acquisition of lands belonging to legal entities and natural persons for state needs shall be permitted in the cases and under the conditions provided for in the Civil Code of the Republic of Azerbaijan and the Law of the Republic of Azerbaijan “On Acquisition of Land for State Needs”.[32]

 

Article 47. Properties of water supply and sewerage enterprises

 

  1. Engineering-technical plants, water pipelines, equipment and other property that constitute part of the water pipelines or sewer system and are acquired or constructed by a water supply and sewerage enterprise shall be considered their property, unless otherwise specified in a separate agreement.
  2. In cases where it does not contradict the legislation, the plants and other property installed by or by the order of a water supply and sewerage enterprise on land plots belonging to another person shall be considered the property of that enterprise. Unless otherwise specified in the contract between the enterprise and the landowner, in the cases and manner determined by legislation, such plants shall not be transferred to the landowner, nor shall they be entitled to receive a share of the income generated from their operation.
  3. Engineering and technical plants constructed, acquired or operated by a water supply and sewerage enterprise may be located outside the water supply and wastewater disposal zone of the enterprise.

 

Article 48. Notice to Remedy Violations

 

  1. Water supply and sewerage enterprise shall have the right to require the following from the owner of the facility through a notice:
  2. a) to rectify any malfunctions of the equipment used to connect the internal water supply and sewer system to the common use water supply and sewer systems within specified timeframes. In case of consecutive connection of internal systems of several owners to the common system, the water supply and sewerage enterprise may require several or all of the owners to rectify any such malfunctions.
  3. b) to ensure timely fulfilment of the terms of the contract concluded for the provision of services under this Law and the duties necessary to carry out the provisions of this Law.
  4. In cases where the requirements of the notice are not fulfilled, the water supply and sewerage enterprise may do the following:
  5. a) carry out the necessary work to rectify the malfunctions at the expense of the owner, who has received notice and is responsible for fulfilling the relevant requirements;
  6. b) disconnect the facility from the general water supply system or stop the provision of services, and require the facility owner to pay for the completed work in accordance with this Law;
  7. c) apply to court in accordance with the legislation for fulfilment of the requirements specified in the notice.

 

Article 49. Authorized representatives of water supply and sewerage enterprises

 

  1. Water supply and sewerage enterprises shall appoint their authorized representatives, who will be entrusted with the responsibility of exercising their rights and duties in accordance with this Law.
  2. An authorized representative shall be issued a service ID in the prescribed form with his/her photo and personal signature.
  3. If necessary, an authorized representative or the water supply and sewerage enterprise that has granted them such authority may seek assistance from the appropriate executive authority. The respective executive authority shall provide them with the necessary assistance in the cases and in the manner provided for by the legislation.
  4. If the authorized representatives detect tampering with water metering devices of business entities when reading their water meters, or illegal unmetered connection to the water supply or sewer 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”.[33]

 

Article 50. Right of access to the facility that uses water supply and sewage services

 

  1. By notifying the owner in advance in accordance with the legislation, the authorized representative shall have the right, by presenting his/her service ID, to access the facility supplied with water and discharge of wastewater to carry out the following:
  2. a) connect the facility to the water supply and/or sewer systems or disconnect it from the systems for the purpose of collecting debts;
  3. b) collect water or wastewater samples, conduct analysis, inspections and measurements, take photographs and gather information;
  4. c) supervise the fulfilment of the duties and relevant requirements established by this Law by the facility owner or employees of the water supply (sewage) services enterprise in accordance with this Law;
  5. d) repair, disassemble or take readings of the water-metering device;
  6. e) conduct inspections of plants, devices, mechanisms and junctions belonging to the water supply and wastewater disposal area;
  7. f) execute any necessary work in connection with the functions of the water supply and sewerage enterprise;
  8. g) inspect the land plots and water sources on them in order to investigate the purposefulness of acquiring land for the needs of water supply;
  9. h) supervise the implementation of the provisions of this Law and the protection of the interests of water supply and sewerage enterprises.
  10. In the following cases, authorized representatives of water supply and sewerage enterprises may enter facilities without prior notification following the procedures prescribed by the legislation for the purposes specified in this article:
  11. a) in the event of an emergency;
  12. b) when the facility owner does not object to the implementation of the works;
  13. c) to eliminate water pollution, its non-purposeful and wasteful use, and also to prevent violations of the provisions of this Law.
  14. Unless there is solid evidence demonstrating that the owners (leasers) of residential buildings and apartments fail to comply with water usage restrictions, the water is being used inefficiently and for other purposes, and that provisions of this Law are being violated, authorized representatives of water supply and sewerage enterprises shall be prohibited from entering residential buildings between 9 pm and 9 am.

 

Article 51. Rights of water supply and sewerage enterprises with respect to execution of works

 

  1. Water supply and sewerage enterprises shall have the following rights with respect to execution of works:
  2. a) perform land work;
  3. b) construct, use and operate necessary technical equipment for the performance of its functions, drill wells;
  4. c) to take necessary samples of soil, waste and wastewater;
  5. d) to construct, operate, or manage water supply and sewer systems, and to undertake other relevant activities within its authority in accordance with this Law.

 

Article 52. Execution of works on state lands and roads

 

  1. Water supply and sewerage enterprises shall implement measures to carry out necessary works in state land and roads in accordance with the requirements of the relevant normative legal acts.
  2. Water supply and sewerage enterprises shall be obligated to:
  3. a) take all necessary measures to eliminate danger to citizens and other users of state lands and roads, during and after completion of the works;
  4. b) transport construction waste;
  5. c) restore the place of work to its original state before the work began;
  6. d) pay the costs of the respective authorities, road service and citizens related to the restoration of roadway coverings;
  7. e) complete the works in the shortest possible time and with maximum efficiency.
  8. Water supply and sewerage enterprises shall have the right to recover their costs from the property owner mentioned when implementing the measures stipulated in this article related to water pipelines, drainage systems and other properties belonging to other parties.

 

Article 53. Notice of work

 

Water supply and sewerage enterprises shall inform consumers within the following timeframes when carrying out work that may impact their interests:

  1. a) in ordinary cases - no later than 7 days before the commencement of the work;
  2. b) in an emergency situation - as soon as possible within the available resources, and if not possible, immediately after commencement of the work.

 

Article 54. Duties related to relocation of pipelines

 

  1. In cases where it does not contradict the legislation, legal entity or natural person who owns (uses, rents) land plots may require the water supply and sewerage enterprise to change the location of the pipelines (collector, channel) or other plants located on that plot and owned by the water supply and sewerage enterprise or served by it, in connection with the planning of certain works (including construction) in the area where the pipelines or plants are located. In this case, the costs of the replacement of pipelines and other facilities and damage to the water supply enterprise due to interruptions in water supply shall be paid at the expense of the persons making such request.
  2. After receiving such requirements, water supply and sewerage enterprises shall comply with all the requirements, except for the ones that are impossible or impractical to fulfil.
  3. If this arises out of absolute necessity, the water supply and sewerage enterprise shall relocate or remove its own facilities at the request of road service or other utility enterprises (electricity supply, gas, heat supply, telephone communication). At this time, all works related to the relocation of facilities and equipment shall be carried out at the expense of the enterprises making such request.
  4. The water supply and sewerage enterprise may require legal entities and natural persons who impose the requirement for the relocation of facilities to pledge money or other collateral in accordance with the legislation. The amount of the collateral shall depend on the cost of the planned work.

 

Article 55. Rights of water supply (sewage) enterprises with regards to additional services

 

Water supply and sewerage enterprises may, at the request of any consumer or on their own initiative (at their own expense), within the scope of their authority, do the following:

  1. a) to modernize or repair any equipment;
  2. b) to conduct any investigation or inspection;
  3. c) to execute any other work within their authority.

 

Article 56. Coordination of design and construction works

 

  1. The Environmental Impact Assessment (EIA) of the projects of water supply and sewage facilities shall be carried out in accordance with the Law of the Republic of Azerbaijan “On Environmental Impact Assessment”, and the design and construction of these facilities shall be implemented by agreement with the respective executive authority in accordance with the legislation. [34]

The respective executive authority shall review the relevant design and construction applications and provide information about the decision made in accordance with Article 75 of the Urban Planning and Construction Code of the Republic of Azerbaijan.[35]

  1. Construction and infrastructure activities that have a direct and indirect impact on the supply of water to consumers, discharge of wastewater and prevention of water logging, shall be carried out in agreement with the respective water supply and sewerage enterprises and municipalities in accordance with the legislation.

 

Article 57. Compliance with construction norms and regulations

 

  1. Water supply and sewerage enterprises, as well as owners of separate water supply and sewage systems (facilities), shall comply with state standards and norms in the field of construction and architecture.
  2. Works carried out in compliance with these norms and standards shall be:
  3. a) performed by or under the sup of professionals who are properly qualified and authorised to carry out the work;
  4. b) commenced after informing the water supply and sewerage enterprises and obtaining their consent for the execution of the works;
  5. c) executed in the presence, under the supervision of and in accordance with instructions of the authorized representative of the water supply and sewerage enterprise;
  6. d) accepted by an authorized representative of the water supply and sewerage enterprise.

 

Chapter VI

Economic regulation and financial matters

 

Article 58. Payments for water withdrawal and wastewater disposal

 

Payments shall be determined for:

  1. a) withdrawal of water in accordance with a permit granted under this Law;
  2. b) disposal of wastewater and waste in accordance with the permit granted under this Law.

The amount of payments, their calculation, and payment rules shall be determined by the relevant normative legal acts.

 

Article 59. Rights of water supply and sewerage enterprises related to payments for their services

 

  1. Water supply and sewerage enterprises shall have the following rights subject to the conditions and procedures stipulated in the relevant normative legal acts:
  2. a) to make proposals for determining the amount of payments and advance (upfront) payments for any type of service they provide, as specified in the contract concluded during their activities in accordance with this Law;
  3. b) to collect the payments determined in accordance with this Law and to demand their payment from any consumer utilizing the services of the supply and sewerage enterprise;
  4. c) to charge fines in the form of additional charges or late payment interest for non-payment of specified payments within the specified periods, as well as for any form of failure to fulfil duties, in accordance with the legislation;
  5. d) to determine, require and receive payment for the initial connection or reconnection of water supply and wastewater disposal objects in accordance with the legislation.
  6. Sewerage enterprises may contract with road service (enterprises) for the discharge of water through storm sewer system, subject to an appropriate payment for the services provided.
  7. The amount of payments for the services provided by water supply and sewerage enterprises shall be calculated based on the following:
  8. a) records of the volume of water supplied or the quantity of wastewater discharged from the objects based on the readings of water-metering devices;
  9. b) regulations established by the relevant normative legal acts.

 

Article 60. Payments for water supply and sewage services

 

  1. In the contract, water supply and sewerage enterprises may propose the following types, durations and amounts of payments for all categories of services provided to consumers:
  2. a) payment for the volume of water withdrawn and wastewater discharged, as indicated by water-metering device readings or reporting indicators, in compliance with applicable regulations;
  3. b) payment for connection to water supply and sewage systems;
  4. c) one-off payment for connection to water supply and sewage systems;
  5. d) advance (upfront) payment for the installation of technical equipment, including water-metering devices by water supply and sewerage enterprises (excluding consumers who are natural persons). [36]
  6. Water supply and sewerage enterprises may apply adjustments to increase or decrease the payments (tariffs) determined by the relevant normative legal acts referred to in clause 1 of this article, depending on the water quality, wastewater and waste characteristics, location and season of service provision, and whether the water supply is provided on a 24-hour or regulated (intermittent) basis.
  7. Water supply and sewerage enterprises may propose the charging of additional payments in order to provide extra services to any consumer when necessary by concluding an additional contract with them.
  8. That contract may stipulate obligations in terms of payment by the consumer for services provided, including initial connection and re-connection, and may govern the relations between the consumer and the water supply and sewerage enterprises that arise during the service provision process.
  9. In accordance with the contract, the consumer shall pay the bill presented by the water supply and sewerage enterprise based on the actual costs incurred for the initial connection, including the procurement of materials and completion of the works.
  10. In accordance with the legislation, water supply and sewerage enterprise shall have the right to deduct the amount of overdue payments from the consumer's account of credit. If the amount in the letter of credit account is insufficient to repay the debt, the water supply and sewerage enterprise may resolve the non-payment of the debts in court. This rule shall be applied thirty days after the day the bill is presented for payment.
  11. 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 the water supply and sewerage enterprise.
  12. The amount of the letter of credit shall be determined as twice the total of all payments for the monthly services specified by this Law. Average monthly payments shall be calculated on the basis of average consumption prices or the water measuring device readings over the preceding six months, taking into account the usage norms of the category to which the consumer belongs.

The amount of the letter of credit may be transferred in instalments, subject to the consent of the water supply and sewerage enterprise.

  1. Matters related to letter of credit settlements for services of water supply and sewerage enterprises not provided for in this Law shall be determined by the existing legislation.

 

Article 61. Duties of consumers with regards to paying service fees

 

  1. Regardless of whether there is a contract between an individual consumer and the water supply and sewerage enterprise, the duties of consumers with regards to paying service fees shall be determined by the fact that they reside in the facility, are the leasers of the facility, or utilize the water supply objects for any other purposes.
  2. The payment for the actual services provided by a water supply and sewerage enterprise in accordance with the existing legislation may also be charged after the consumer ceases to use the object, except in cases where the consumer notifies the water supply and sewerage enterprise of the cessation of use no later than within four business days after the cessation of use.

 

Article 62. Collection of debts for services

 

Unless otherwise provided by the legislation, if a consumer does not pay their debt for services rendered by water supply and sewerage enterprises within one month from the date the bill was presented, the water supply and sewerage enterprise shall take appropriate measures prescribed by the legislation. If the requirement to pay the full amount of debts is not met even after the disconnection of the object, the water supply and sewerage enterprise shall have the right to claim the unpaid amount through court proceedings, including claiming the debt amount to be paid from the debtor's property in cases where it does not contravene the legislation.

 

Article 63. Exemption from payment for water used for fire fighting purposes

 

  1. Water supply and sewerage enterprises shall not charge fees for water supply and wastewater disposal services, and for the amount of water used for the following purposes:
  2. a) when the water is used to extinguish a fire or meet the needs of fire services during emergencies;
  3. b) when water resources are created for the above purposes.
  4. In cases provided for in clause 1 of this article, the expenses of water supply and sewerage enterprises shall be paid from the state budget in compliance with the relevant normative legal acts.

 

Article 64. Duties of budget-funded enterprises, departments and organizations with respect to payments

 

  1. The budget-funded enterprises, institutions and organizations (budgetary institutions) shall pay the cost of all the services provided to them by the water supply and sewerage enterprise as provided for in this Law.
  2. If budgetary enterprises fail to make payments within the prescribed period, the water supply and sewerage enterprise may, in accordance with the legislation and in agreement with the budgetary enterprise, replace the budgetary financial obligations.

 

Chapter VII

Responsibility for VIOLATIONS of legislation on water SUPPLY and WASTEWATER disposal

 

Article 65. Common legal liability situations

 

  1. Legal and natural persons shall be held accountable for the following, in accordance with the legislation:
  2. a) using water inefficiently, wastefully or creating opportunities for others through their actions;
  3. b) using the water for purposes other than those intended by the granted permission or specified by the water supply enterprise;
  4. c) impeding the execution of any works related to withdrawal and purification of water;
  5. d) hindering the authorized representatives of water supply and wastewater disposal enterprises from performing their duties within the framework of this Law.
  6. In cases stipulated in this article, persons who have caused financial damages shall pay compensation for the damages in accordance with the legislation.

 

Article 66. Illegal provision of water to third parties

 

Except for the following water uses, consumers shall be prohibited from supplying water to, or granting permission for its use to, third parties who are not legal consumers of the water supply enterprise:

  1. a) use of water in a premises connected to the water pipe network;
  2. b) use of water to extinguish fire;
  3. c) use of water based on a contract with the water supply enterprise.

 

Article 67. Illegal connection

 

  1. Except as provided in this Law, it shall be forbidden to connect to the water supply and sewage system without obtaining the consent of the water supply and sewerage enterprise.
  2. Water withdrawal from water distribution taps installed on the streets shall be permitted only for household (utility) drinking purposes or other purposes as determined by the water supply enterprise.

 

Article 68. Equipment damage

 

  1. Except for the cases not inconsistent with this Law and relevant legislation, it shall be prohibited to carry out any works within designated areas of technical plants of the water supply and sewage system without consent of the water supply and sewerage enterprises.
  2. Damage (whether intentional or negligent) or disabling of technical plants of water supply and sewage systems shall be subject to legal liability in accordance with the legislation.
  3. In the absence of evidence to the contrary, any building and equipment located within the sanitary protection zone of a water supply and sewage system that may have a modifying, damaging, or destructive effect on its technical plants, may be regarded as evidence of damage caused by said structure and equipment to the technical plant, and may entail procedural consequences provided for by the legislation.
  4. The following actions shall be prohibited:
  5. a) destruction of water pipelines, sewage pipes, and protection fences of underground technical plants in the sanitation zone;
  6. b) intentionally or negligently disabling, opening, damaging or otherwise interfering with underground technical plants, water pipelines and sewage pipes, or communications;
  7. c) connecting process water pipeline to drinking water supply pipeline;
  8. d) altering the indicators of water-metering devices;
  9. e) carrying out works and activities that affect the normal operation of water-metering devices and necessitate their removal.

 

Article 69. Non-purpose use, wasteful consumption and contamination of water

 

Natural persons and legal entities shall be held accountable under the legislation in the following cases:

  1. a) when water loss occurs, or when water is used for other purposes due to the fault of the person/entity;
  2. b) when the volume of water taken (withdrawn) by the person/entity exceeds the allowed limit;
  3. c) when a drinking water source is contaminated or there is a risk of contamination as a result of their intentional acts or negligence;
  4. d) when the water pipe network in the person's/entity’s property has failed due to their fault, causing the water in the water main or connected pipes to be contaminated or in danger of being contaminated.

 

Article 70. Construction of plants affecting water pipelines and sewage systems

 

Without the official (written) permission of the water supply and sewerage enterprise, the following shall be prohibited:

  1. a) carrying out any earthwork and construction activities within designated areas around the technical plants of water supply and sewage systems, as well as within a distance of less than five meters from water mains, pipelines and other technical plants belonging to water pipeline and sewage systems;
  2. b) destroying or removing any earthen, stone and other protective coverings, fences and supports of water pipelines and sewage works.

 

Article 71. Planting of trees and agricultural plants

 

  1. The planting of trees, bushes and agricultural plants (hereinafter referred to as "plantings") within a distance of up to five meters on both sides of pipe or sewer collectors of technical plants, central water pipelines and sewer mains that belong to water supply and sewerage enterprises shall be prohibited.
  2. If the plantings obstructs access or cause damage to a water main, sewer collector or other technical plant, the water supply and sewerage enterprise may require the following from the owner (user, leaser) of the land plot where the plantings are situated:
  3. a) to remove the plantings;
  4. b) to pay compensation for damage to the plants;
  5. c) to restore the damaged plant at their own expense within the period specified in the requirement.
  6. If the landowner (user, leaser) fails to comply with the requirement, the water supply and sewerage enterprise shall have the right to carry out the necessary works at their expense.

 

Article 72. Liability for violations of the Law

 

Persons guilty of violating the requirements of this Law shall pay compensation for any material damage caused to the water supply and sewerage enterprise as result of their actions, and be otherwise liable in the cases and in the manner provided by the legislation.

Water supply and sewerage enterprises shall be held accountable for violating the requirements of this Law. in accordance with the legislation.

 

President of the Republic of Azerbaijan Heydar Aliyev

 

Baku city, 28 October 1999

                  No. 723-IQ

 

 

LIST OF SOURCE DOCUMENTS USED

 

  1. Law of the Republic of Azerbaijan 314-IIIQD dated 17 April 2007 (Legislative Collection of the Republic of Azerbaijan, 2007, No. 5, Article 436)
  2. Law of the Republic of Azerbaijan 588-IIIQD dated 1 April 2008 (Legislative Collection of the Republic of Azerbaijan, 2008, No. 5, Article 348)
  3. Law of the Republic of Azerbaijan 881-IIIQD dated 30 September 2009 (“Azerbaijan” newspaper, 5 November 2009, No. 247, Legislative Collection of the Republic of Azerbaijan, 2009, No. 10, Article 768)
  4. Law of the Republic of Azerbaijan 980-IIIQD dated 2 April 2010 (“Azerbaijan” newspaper, 26 May 2010, No. 113, Legislative Collection of the Republic of Azerbaijan, 2010, No. 5, Article 374)
  5. Law of the Republic of Azerbaijan 90-IVQD dated 18 March 2011 (“Respublika” newspaper, 22 April 2010, No. 82, Legislative Collection of the Republic of Azerbaijan, 2011, No. 4, Article 263)
  6. Law of the Republic of Azerbaijan 339-IVQD dated 20 April 2012 (“Respublika” newspaper, 5 June 2012, No. 122, “Azerbaijan” newspaper, 6 June 2012, No. 123, Legislative Collection of the Republic of Azerbaijan, 2012, No. 6, Article 505)
  7. Law of the Republic of Azerbaijan 970-IVQD dated 30 May 2014 (“Respublika” newspaper, 1 July 2014, No. 137, Legislative Collection of the Republic of Azerbaijan, 2014, No. 6, Article 617)
  8. Law of the Republic of Azerbaijan 374-VQD dated 28 October 2016 (“Azerbaijan” newspaper, 14 December 2016, No. 277, Legislative Collection of the Republic of Azerbaijan, 2016, No. 12, Article 1992)
  9. Law of the Republic of Azerbaijan 1063-VQD dated 3 April 2018 (“Azerbaijan” newspaper, 6 March 2018, No. 102, Legislative Collection of the Republic of Azerbaijan, 2018, No. 5, Article 854)
  10. Law of the Republic of Azerbaijan 1580-VQD dated 3 May 2019 (“Azerbaijan” newspaper, 14 June 2019, No. 128, Legislative Collection of the Republic of Azerbaijan, 2019, No. 6, Article 989)
  11. Law of the Republic of Azerbaijan 288-VIQD dated 2 April 2021 (“Azerbaijan” newspaper, 23 May 2021, No. 105, Legislative Collection of the Republic of Azerbaijan, 2021 No. 5, Article 429)
  12. Law of the Republic of Azerbaijan dated 17 February 2023 (official website of the President of the Republic of Azerbaijan, 8 April 2023; "Azerbaijan" newspaper, 9 April 2023, No. 73).

 

LIST OF AMENDMENTS AND SUPPLEMENTS MADE TO THE LAW

 

 

[1] By the Law of the Republic of Azerbaijan No. 881-IIIQD dated 30 September 2009 (“Azərbaycan” newspaper, 5 November 2009, No. 247, Legislative Collection of the Republic of Azerbaijan, 2009, No. 10, Article 768), the following words were deleted from the respective clauses and sub-clauses of respective Articles as follows: “or restriction” - from clause 2 of Article 19; “restriction and” - from the title and “or upon restriction” and “restriction” - from clause 2 of Article 26; “restriction and” - from the title of Article 27; “shall restrict or regulate” - from clause 1, and “regulation or restriction” - from sub-clause “b” of clause 2 of Article 28; “or restrict its use” - from clause 1, “restriction or” - from clause 2, and “or restriction” - from clauses 3 and 3 of Article 29.

 

[2] By the Law of the Republic of Azerbaijan No. 970-IVQD dated 30 May 2014 (“Respublika” newspaper, 1 July 2014, No. 137, Legislative Collection of the Republic of Azerbaijan, 2014, No. 6, Article 617), the period sign at the end of the twelfth paragraph of Article 1 was replaced by a semi-colon and a new content thirteenth paragraph was added.

 

[3] By the Law of the Republic of Azerbaijan No. 970-IVQD dated 30 May 2014 (“Respublika” newspaper, 1 July 2014, No. 137, Legislative Collection of the Republic of Azerbaijan, 2014, No. 6, Article 617), the words “population, enterprises, offices and organizations” were replaced by the word “consumers” in Article 2.

 

[4] By the Law of the Republic of Azerbaijan No. 881-IIIQD dated 30 September 2009 (“Azərbaycan” newspaper, 5 November 2009, No. 247, Legislative Collection of the Republic of Azerbaijan, 2009, No. 10, Article 768), clause 3 was added to Article 5.

 

[5] By the Law of the Republic of Azerbaijan No. 1580-VQD dated 3 May 2019 (“Azerbaijan” newspaper, 14 June 2019, No. 128, Legislative Collection of the Republic of Azerbaijan, 2019, No. 6, Article 989), a new content part 5 was added to Article 7.

 

[6] By the Law of the Republic of Azerbaijan No. 970-IVQD dated 30 May 2014 (“Respublika” newspaper, 1 July 2014, No. 137, Legislative Collection of the Republic of Azerbaijan, 2014, No. 6, Article 617), the words “the necessary amount of” were deleted and the words “in quantities determined by the respective executive authority” were added after the words “for... purposes” in sub-clause “a” of Article 12.

 

[7] No. 288-VIQD dated 2 April 2021 By the Law of the Republic of Azerbaijan (“Azerbaijan” newspaper, 23 May 2021, No. 105, Legislative Collection of the Republic of Azerbaijan, 2021, No. 5, Article 429), a new content second part was added to Article 12.

 

[8] By the Law of the Republic of Azerbaijan No. 90-IVQD dated 18 March 2011 (“Respublika” newspaper, 22 April 2010, No. 82, Legislative Collection of the Republic of Azerbaijan, 2011, No. 4, Article 263), clause 2 of Article 13 was deleted.

 

[9] By the Law of the Republic of Azerbaijan No. 970-IVQD dated 30 May 2014 (“Respublika” newspaper, 1 July 2014, No. 137, Legislative Collection of the Republic of Azerbaijan, 2014, No. 6, Article 617), the word “necessary” was replaced by the words “determined in accordance with sub-clause “a” of Article 12 of this Law” in part 1 of Article 20.

 

By the Law of the Republic of Azerbaijan[10] dated 17 February 2023 (official website of the President of the Republic of Azerbaijan, 8 April 2023, "Azərbaycan" newspaper, 9 April 2023, No. 73), the words “mass media” in the respective noun cases were replaced by the word “media” in the respective noun cases in Article 21 and clause “a” of part 3 of Article 28.

 

[11] By the Law of the Republic of Azerbaijan No. 970-IVQD dated 30 May 2014 (“Respublika” newspaper, 1 July 2014, No. 137, Legislative Collection of the Republic of Azerbaijan, 2014, No. 6, Article 617), the words “, and” and “of the water utility passport” were added after the word “information” in the sub-clause “a” of part 2 of Article 23.

 

[12] By the Law of the Republic of Azerbaijan No. 90-IVQD dated 18 March 2011 (“Respublika” newspaper, 22 April 2010, No. 82, Legislative Collection of the Republic of Azerbaijan, 2011, No. 4, Article 263), sub-clause “b” of clause 2 of Article 23 was deleted.

 

[13] By the Law of the Republic of Azerbaijan No. 980-IIIQD dated 2 April 2010 (“Azərbaycan” newspaper, 26 May 2010, No. 113, Legislative Collection of the Republic of Azerbaijan, 2010, No. 5, Article 374), clause 4 was added to Article 23.

 

[14] By the Law of the Republic of Azerbaijan No. 90-IVQD dated 18 March 2011 (“Respublika” newspaper, 22 April 2010, No. 82, Legislative Collection of the Republic of Azerbaijan, 2011, No. 4, Article 263), a new content clause 5 was added to Article 23.

 

By the Law of the Republic of Azerbaijan No. 970-IVQD dated 30 May 2014 (“Respublika” newspaper, 1 July 2014, No. 137, Legislative Collection of the Republic of Azerbaijan, 2014, No. 6, Article 617), the words “as we as” and “the sample, preparation and approval of the water utility passport” were added after the word “granting” in part 5 of Article 23.

 

[15] By the Law of the Republic of Azerbaijan No. 970-IVQDdated 30 May 2014 (“Respublika” newspaper, 1 July 2014, No. 137, Legislative Collection of the Republic of Azerbaijan, 2014, No. 6, Article 617), the period sign at the end of the part 1 of Article 24 was replaced by a semi-colon and a new content sub-clause “d” was added.

 

[16] By the Law of the Republic of Azerbaijan No. 881-IIIQD dated 30 September 2009 (“Azerbaijan” newspaper, 5 November 2009, No. 247, Legislative Collection of the Republic of Azerbaijan, 2009, No. 9, Article 768), the clause 1 of Article 26 has been revised.

The previous edition said:

  1. Water supply enterprises shall have the right to not fulfil their duties specified in this Law and other normative legal acts or to restrict the water supply in the following cases:
  2. a) when water from water mains intended for household (utility) and drinking purposes is used for purposes other than originally intended;
  3. b) when there is need for construction, repair and maintenance, emergency work or cleaning of water reservoirs requiring limitation or suspension of water supply;
  4. c) when the turbidity of surface waters in water withdrawal sites increases, or when an emergency environmental crisis occurs in the water basin;
  5. d) when a consumer fails to pay the service fee of the water supply enterprise. Water supply may be restored once the consumer has paid off all outstanding debts, including any costs associated with the interruption of water services.
  6. e) when the water distribution network, water reservoirs (water storage facilities), connections, valves and faucets in the facility are in an unusable condition or do not meet the requirements of the respective state standards;
  7. f) if necessary measures to prevent water loss and contamination are not implemented in the facility, and if the consumer fails to comply with the legal requirements set by the water supply enterprise;
  8. g) if the consumer violates the provisions of this Law concerning the efficient use of water and the prevention of its contamination;
  9. h) if the connection is illegal;
  10. i) when the consumer obstructs the authorized person from carrying out their duties to prevent and stop violations of the requirements stated in this Law;
  11. j) in the event that the consumer fails to meet any other requirements outlined in this Law;
  12. k) upon written request of the consumer.

 

[17] By the Law of the Republic of Azerbaijan No. 374-VQD dated 28 October 2016 (“Azərbaycan” newspaper, 14 December 2016, No. 277, Legislative Collection of the Republic of Azerbaijan, 2016, No. 12, Article 1992), the period sign at the end of the ninth paragraph of part 1 of Article 26 was replaced by a semi-colon and a new content tenth paragraph was added.

 

[18] By the Law of the Republic of Azerbaijan No. 881-IIIQD dated 30 September 2009 (“Azərbaycan” newspaper, 5 November 2009, No. 247, Legislative Collection of the Republic of Azerbaijan, 2009, No. 10, Article 768), the words “sub-clauses ‘a’, ‘d’ and ‘f’” were replaced by the words “the sixth and seventh paragraphs” in clause 2 of Article 26.

 

[19] By the Law of the Republic of Azerbaijan No. 374-VQD dated 28 October 2016 (“Azərbaycan” newspaper, 14 December 2016, No. 277, Legislative Collection of the Republic of Azerbaijan, 2016, No. 12, Article 1992), the words “(except for cases when the suspension is connected with a special operation being conducted against religious extremism)” were added after the word “suspended” in part 3 of Article 26.

 

[20] By the Law of the Republic of Azerbaijan No. 881-IIIQD dated 30 September 2009 (“Azerbaijan” newspaper, 5 November 2009, No. 247, Legislative Collection of the Republic of Azerbaijan, 2009, No. 10, Article 768), the clauses 3 and 4 of Article 26 were revised.

The previous edition said:

  1. When a consumer owns this or any other facility where water supply is provided through a single distribution pipe, the rights of a water supply enterprise to suspend water supply to any facility may also be applied to the other facilities.
  2. If the requirements stated in this Article are not met by one or several consumers within a facility (building, house), the water supply enterprise may disconnect the water supply to said facility. In this case, if there are no other conditions set by normative legal acts concerning the suspension of water supply, the organization responsible for the facility's operation may demand reimbursement for all expenses incurred by the water supply enterprise in connection with the suspension and restoration of water supply, including any additional costs, from the consumer who caused the disconnection.

 

[21] By the Law of the Republic of Azerbaijan No. 374-VQD dated 28 October 2016 (“Azerbaijan” newspaper, 14 December 2016, No. 277, Legislative Collection of the Republic of Azerbaijan, 2016, No. 12, Article 1992), the words “and special operations being conducted against religious extremism” were added after the word “emergency” in the second paragraph of part 2 of Article 27.

 

[22] By the Law of the Republic of Azerbaijan No. 881-IIIQD dated 30 September 2009 (“Azerbaijan” newspaper, 5 November 2009, No. 247, Legislative Collection of the Republic of Azerbaijan, 2009, No. 10, Article 768), the word “restriction” was replaced by the word “suspension” in the second paragraph of clause 2 of Article 27.

 

[23] By the Law of the Republic of Azerbaijan No. dated 17 February 2023 (official website of the President of the Republic of Azerbaijan, 8 April 2023, "Azerbaijan" newspaper, 9 April 2023, No. 73), the words “mass media” in the first instance were replaced by the word “media” and the words “through mass media” in the second instance were deleted in part 2 of Article 29.

[24] By the Law of the Republic of Azerbaijan No. 881-IIIQD dated 30 September 2009 (“Azerbaijan” newspaper, 5 November 2009, No. 247, Legislative Collection of the Republic of Azerbaijan, 2009, No. 10, Article 768), the second and third sentences were added to clause 1 of Article 30.

 

[25] By the Law of the Republic of Azerbaijan No. 90-IVQD dated 18 March 2011 (“Respublika” newspaper, 22 April 2010, No. 82, Legislative Collection of the Republic of Azerbaijan, 2011, No. 4, Article 263), clause one of Article 31 was revised.

the previous edition said:

  1. Water-metering devices shall be installed at the consumer's expense, based on the requirements of this Law or at the request of the consumer.

 

[26] By the Law of the Republic of Azerbaijan No. 90-IVQDdated 18 March 2011 (“Respublika” newspaper, 22 April 2010, No. 82, Legislative Collection of the Republic of Azerbaijan, 2011, No. 4, Article 263), clause 2 of Article 31 was deleted.

 

[27] By the Law of the Republic of Azerbaijan No. 288-VIQD dated 2 April 2021 (“Azerbaijan” newspaper, 23 May 2021, No. 105, Legislative Collection of the Republic of Azerbaijan, 2021, No. 5, Article 429), a new content part 3 was added to Article 34.

 

[28] By the Law of the Republic of Azerbaijan No. 970-IVQD dated 30 May 2014 (“Respublika” newspaper, 1 July 2014, No. 137, Legislative Collection of the Republic of Azerbaijan, 2014, No. 6, Article 617), the words “as well as prepare and submit a water utility passport” were added after the words “apply to” in sub-clause “a” of part 1 of Article 37.

 

[29] By the Law of the Republic of Azerbaijan No. 970-IVQD dated 30 May 2014 (“Respublika” newspaper, 1 July 2014, No. 137, Legislative Collection of the Republic of Azerbaijan, 2014, No. 6, Article 617), the words “and the water utility passport” were added after the word “(project)” in the first sentence, and the words “and the agreed water utility passport” were added after the word “the approved plan” in the third sentence of sub-clause “a” of part 1 of Article 38.

 

[30] By the Law of the Republic of Azerbaijan No. 1580-VQD dated 3 May 2019  (“Azerbaijan” newspaper, 14 June 2019, No. 128, Legislative Collection of the Republic of Azerbaijan, 2019, No. 6, Article 989), part 2 of Article 44 was revised.

the previous edition said:

Sewerage enterprises shall routinely observe these facilities to control the composition of the wastewater being discharged from the facility into the common use sewage system.

 

[31] By the Law of the Republic of Azerbaijan No. 314-IIIQD dated 17 April 2007 (Legislative Collection of the Republic of Azerbaijan, 2007, No. 5, Article 436), the content of Article 46 was revised.

 

the previous edition said:

In cases where it is not possible to reach an agreement with the landowner in situations that do not contradict land legislation, land may be compulsorily purchased by the state in the manner prescribed by the legislation for the purpose of ensuring state and public interests and eliminating the consequences or risks of natural disasters. In this case, compensation shall be paid to the previous owner of the land in accordance with the legislation, taking into account the lost benefit, or another land plot shall be granted to them upon their request.

 

[32] By the Law of the Republic of Azerbaijan No. 588-IIIQD dated 1 April 2008 (Legislative Collection of the Republic of Azerbaijan, 2008, No. 5, Article 348), the words “or public needs” were deleted from Article 46.

By the Law of the Republic of Azerbaijan No. 339-IVQD dated 20 April 2012 (“Respublika” newspaper, 5 June 2012, No. 122, “Azerbaijan” newspaper, 6 June 2012, No. 123, Legislative Collection of the Republic of Azerbaijan, 2012, No. 6, Article 505), Article 46 was revised.

The previous edition said:

Expropriation of lands belonging to legal entities and natural persons for state or public needs shall be permitted in the cases and under the conditions provided for in the Civil Code of the Republic of Azerbaijan.

 

[33] By the Law of the Republic of Azerbaijan No. 288-VIQD dated 2 April 2021 (“Azerbaijan” newspaper, 23 May 2021, No. 105, Legislative Collection of the Republic of Azerbaijan, 2021, No. 5, Article 429), a new content part 4 was added to Article 49.

 

[34] By the Law of the Republic of Azerbaijan No. 1580-VQD dated 3 May 2019 (“Azərbaycan” newspaper, 14 June 2019, No. 128, Legislative Collection of the Republic of Azerbaijan, 2019, No. 6, Article 989), the words “The Environmental Impact Assessment (EIA) of the projects of... shall be carried out in accordance with the Law of the Republic of Azerbaijan ‘On Environmental Impact Assessment’” were added before and the words “of these facilities” were added after the word “design” in part 1 of Article 56.

 

[35] By the Law of the Republic of Azerbaijan No. 1063-VQD dated 03 April 2018 (“Respublika” newspaper, 06 March 2018, No. 102, Legislative Collection of the Republic of Azerbaijan, 2018, No. 6, Article 854), the words “within one month from receipt of the application” were replaced by the words “in accordance with Article 75 of the Urban Planning and Construction Code of the Republic of Azerbaijan” in the second paragraph of part 1 of Article 56.

 

[36] By the Law of the Republic of Azerbaijan No. 90-IVQD dated 18 March 2011 (“Respublika” newspaper, 22 April 2010, No. 82, Legislative Collection of the Republic of Azerbaijan, 2011, No. 4, Article 263), the words “(excluding consumers who are natural persons)” were added after the word “payment” in sub-clause d) of clause 1 of Article 60.