Resolution of the Cabinet of Ministers of the Republic of Azerbaijan on approval of the “Regulations on the Issuance of Technical Specifications for Water Supply and Wastewater Disposal System Connection and Consumer Connection”.

RESOLUTION OF THE CABINET OF MINISTERS OF THE REPUBLIC OF AZERBAIJAN

On approval of the “Regulations on the Issuance of Technical Specifications for Water Supply and Wastewater Disposal System Connection and Consumer Connection”.

In order to ensure implementation of:

- Clause 1.4 of the Decree No. 423 of the President of the Republic of Azerbaijan dated April 20, 2011 ‘On Amendments to the Decree No. 266 of the President of the Republic of Azerbaijan dated January 26, 2000 ‘On Application of the Law of the Republic of Azerbaijan No. 90-IVQD On Amendments to the Law of the Republic of Azerbaijan “On Water Supply and Wastewater" dated 18 March 2011 and “On Application of the Law of the Republic of Azerbaijan “On Water Supply and Wastewater”’, and

- Clause 1.5 the Decree No. 262 dated May 24, 2010 ‘On Application of the Law No. 980-IIIQD of the Republic of Azerbaijan dated April 2, 2010 “On Introduction of Additions to the Law of the Republic of Azerbaijan “On Power Engineering", the Law of the Republic of Azerbaijan “On Gas Supply” and the Law of the Republic of Azerbaijan “On Water Supply and Wastewater”’,

the Cabinet of Ministers of the Republic of Azerbaijan decrees as follows:

1. “Regulations on the Issuance of Technical Specifications for Water Supply and Wastewater Disposal System Connection and Consumer Connection” (attached herewith) shall be approved.
2. Amendments to this Resolution may be made in accordance with Clause 2.6-1 of the "Statute on the Procedure for Preparation and Adoption of Normative Legal Acts of Executive Authorities" approved by Decree No. 772 of the President of the Republic of Azerbaijan dated August 24, 2002.[1]

Artur Rasi-zadeh, Prime Minister of the Republic of Azerbaijan

Baku city, August 13, 2014

             No. 275

REGULATIONS

on the Issuance of Technical Specifications for Water Supply and Wastewater Disposal System Connection and Consumer Connection

1. General Provisions

1.1. These Regulations have been prepared in accordance with the Law of the Republic of Azerbaijan “On Water Supply and Wastewater” and establish the rules on the issuance of technical specifications for connection of consumers to water supply and wastewater disposal system, as well as the requirements related thereto.

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

1.2.1. water supply and wastewater disposal system (hereinafter referred to as “WSWDS”) - a single or a group of plants that take water at source, treat and deliver it to consumers, including a network of main (general) and distribution (internal) water pipelines (lines), as well as a complex of networks and plants that receive, transport, treat and discharge wastewater generated in residential premises and industrial establishments;

1.2.2. technical specifications - a technical document that provides the basis for development of the project for WSWDS connecting works, and covers technical-engineering parameters related to the provision of water supply and sewage services;

1.2.3. customer - a consumer who is a legal entity or natural person who owns the construction facilities that are intended to be connected to WSWDS of the water supply and sewerage enterprise (hereinafter referred to as “WSSE”) based on the ownership or other property rights;

1.2.4. construction facility - a building (including residential buildings, houses) or a plant being erected or already erected in the course of construction activity;

1.2.5. residential building - a multi-apartment building consisting of residential areas intended for permanent or temporary residence and with direct access to common use areas;

1.2.6. house - a residential house/dwelling designated as individual/private, with direct access to the parcel of land on which it is located, consisting of rooms and ancillary areas intended for supporting household payments and other living needs;

1.2.7. connection of construction facilities to WSWDS (technological connection) - a comprehensive service involving design and construction of a new WSWDS from the construction facility to the WSWDS connection point, preparation of project documents upon additional requirements and execution of construction and installation works, physical connection of construction facilities and water supply plants to WSWDS and drawing up the Connection Act in accordance with technical specifications;

1.2.8. balance inventory boundary - the demarcation point that determines the balance ownership of WSWDS between WSSE and customer;

1.2.9. operational responsibility boundary - the demarcation point that determines the boundary of responsibility for the exploitation/operation of water supply and sewage plants and equipment between WSSE and customer;

1.2.10. Balance Inventory Boundary Act - a document determining the balance ownership boundary between WSSE and the customer;

1.2.11. Act on the Operational Responsibility Boundary Between the Parties- a document determining the boundary of responsibility for the exploitation/operation of water supply and sewage plants and equipment between WSSE and customer;

1.2.12. Connection Act - a document confirming the connection of the customer's construction facilities to WSWDS of WSSE;

1.2.13. connection point - a physical connection point to WSWDS in accordance with the requirements of these Regulations.

1.3. None of the provisions of these Regulations may be interpreted in a way that infringes on the interests of the consumer. When reviewing applications for the Issuance of Technical specifications, administrative procedures may not contravene these Regulations. Technical specifications and requirements regarding connection points must be justified in all cases.

1.4. Until these Regulations come into force, their provisions shall not be applicable to consumers who are connected to WSWDS (have a water-metering device installed) in accordance with the requirements of normative documents.

1.5. In accordance with these Regulations, every customer has the right to be connected to WSWDS.

1.6 No discrimination may be allowed in terms of the Issuance of Technical specifications, and, in cases not specified in these Regulations, the issuance of the technical specifications for connecting the customer's construction facilities and water supply plants to WSWDS may not be refused.

1.7. No fees shall be paid for the issuance of technical specifications.

1.8. Technical specifications shall be issued in view of the requirements and site planning documents established by Article 11 of the Urban Planning and Construction Code of the Republic of Azerbaijan.

1.9. Additional measures related to the project planning in the engineering-communication support section of construction projects (drafting of reserve water reservoir, pump station and local treatment plants for treatment of wastewater generated for enterprises up to the allowable limit) for the customers specified in Clause 2.6 of these Regulations shall be determined by WSSE.

1.10. WSSE shall be obligated to strengthen (expand) its WSWDS in order to adapt it to the site planning documents. The authority (body) granting the construction permit shall submit information to WSSE about the engineering-communication systems considered in the site planning documents, related renovation, reconstruction, construction and installation works by January 1 of each year.[2]

2. Preparation and Issuance of Technical specifications

2.1. Connection of the customer's construction facility to WSWDS shall be carried out on the basis of the technical specifications provided by WSSE.

2.2. If the distance till the distribution network and plants where a private house will be connected to the water supply and sewage systems is L=30.0 m, the connections shall be provided in accordance with the technical specifications prepared by WSSE. If the distance exceeds that, the connections shall be provided by constructing networks corresponding to the perspective project of the site where the private house is located.

2.3. WSSE shall determine the source of WSWDS which is located in the closest proximity to the site of the construction facility, has the necessary capacity and meets the construction criteria, and shall issue the technical specifications.

2.4. Except in cases where it is necessary to increase the total volume of water release and change the points of connection to WSWDS based on the customer's requirements, obtaining new specifications is not required.

2.5. The consumer may not be required to obtain new technical specifications for changes made by WSSE in WSWDS. In this case, WSSE shall notify the consumer in advance and ensure that they are connected to the newly created WSWDS.

2.6. As part of the construction permit procedure in compliance with the normative documents on urban planning and construction, the technical specifications for the construction facility (irrespective of its demands) shall be issued on the basis of the customer’s appeal (application) to the authority (body) granting the construction permit and subsequent request to the WSSE by the authority (body) granting the construction permit. The authority (body) granting the construction permit shall submit a copy of the customer's application together with the request, as well as copies of the documents attached to that application in accordance with Article 2.9.2 of these Regulations, to the WSSE.[3]

2.7. In accordance with Articles 79.2 and 80 of the Urban Planning and Construction Code of the Republic of Azerbaijan, technical specifications for construction facilities subject to the notification procedure, as well as for construction facilities exempt from the requirement of a construction permit (irrespective of the required power/capacity), shall be issued on the basis of a direct application to the WSSE by the customer who owns the house or the construction facility. [4]

2.8. The authority (body) granting the construction permit shall process the receipt of the customer's application provided for in Clause 2.6 of these Regulations, and the WSSE shall process the receipt of the request of the authority (body) granting the construction permit and the customer's application provided for in Clause 2.7 of these Regulations, electronically if possible, and if not, through postal communication or directly. The authority (body) granting the construction permit and the WSSE may not refuse to receive the customer's application and the request of the authority (body) granting the construction permit, respectively.

2.9. In the application provided for in Clause 2.6 of these Regulations submitted by the customer to the authority (body) granting the construction permit, the following information must be indicated:

2.9.1. if the customer is a legal entity - their name, legal address and TIN, and in the case of a natural person - their name, patronymic name, surname, identity card (persons who engage in entrepreneurial activities without creating a legal entity - also TIN), as well as information about the designation and type of activity of the construction facility;

2.9.2. status plan of the construction area, copies of the facility construction project, all underground communications of the building (buildings), non-residential areas, their characteristics (height or number of floors of the buildings, non-residential areas, number of apartments, water demand, amount (volume) of wastewater to be disposed.

2.10. In the application provided for in Clause 2.7 of these Regulations submitted by the customer, the following information must be indicated:

2.10.1. natural person - information about the name, patronymic name, surname, identity card;

2.10.2. address of the construction project intended for the customer's connection to WSWDS;

2.10.3. amount (volume) of the required water consumption and wastewater;

2.11. Information and documents not provided for in these Regulations may not be requested from the customer in relation to the issuance of the technical specifications.

2.12. The WSSE shall register in a special book (and electronic database) the request of the authority (body) granting the construction permit or the application of the customer submitted for obtaining the technical specifications on the day of receipt of the request or the application, and provide the applicant with a reference or information about the registration date and number of the application not later than within 1 (one) working day.

2.13. If there are no cases of refusal provided for in Clause 2.20 of these Regulations, the WSSE shall ensure the issuance of technical specifications within 10 (ten) working days from the day the request or application is received. If the technical specifications are not implemented within two 2 years from the date of issuance, they shall be deemed to have lost their effect.

2.14. In case of deficiencies and inconsistencies in the submitted documents, WSSE shall provide written notification to the authority (body) granting the construction permit or the customer not later than within 3 (three) working days. In this case, the timeline specified in Clause 2.13 of the Regulations shall be suspended. After any deficiencies and inconsistencies have been resolved by the authority (body) granting the construction permit and the customer, the timeline shall resume from the point of suspension. In accordance with Clause 2.20 of these Regulations, the failure to provide the necessary documents by the customer within 1 (one) month after they have been notified about the deficiency and inconsistency shall constitute a ground for refusal to issue technical specifications.

2.15. While preparing the technical specifications, WSSE shall investigate the availability of water supply or sewage networks and plants in the relevant area. If such networks and plants are discovered as a result of the investigation, appropriate requirements regarding their protection or relocation shall be put forward in the technical specifications.

2.16. When a decision is made to issue technical specifications, two copies of the technical specifications shall be prepared, approved by the authorized person of WSSE with their signature and seal, and one copy of the technical specifications shall be officially presented to the authority (body) granting the construction permit or the customer, respectively. The authority (body) granting the construction permit shall provide the customer, who has submitted application to it, with the technical specifications in an official manner and promptly inform them accordingly.

2.17. Technical specifications shall be compiled in a single-type form in accordance with Annex No. 1 of these Regulations.

2.18. The technical specifications shall specify the following:

2.18.1. WSWDS connection point;

2.18.2. requirements for the coordination of project documents related to connection;

2.18.3. technical requirements for the execution of connection;

2.18.4. technical requirements for water-metering devices and other water measuring junctions (including a chamber equipped with valves, filters, and other equipment);

2.18.5. validity period of the technical specifications.

2.19. The connection point shall be situated in the following locations:

2.19.1. in the ladder cage of the multi-apartment residential building;

2.19.2. in the designated locations for wastewater in the construction project;

2.19.3. at the entrance of the residential building for non-residential areas located within the residential building;

2.19.4. at the connection points to be individually issued from the distribution networks for private houses and detached non-residential facilities.

2.20. The issuance of the technical specifications shall be formally refused, providing specific justification, in the following cases:

2.20.1. failure to fully submit the documents provided for in Clauses 2.9 and 2.10 of these Regulations within the period specified by Clause 2.14 of these Regulations (the failure to resolve deficiencies and inconsistencies);

2.20.2. when the issuance of technical specifications creates obstacles to the fulfilment of WSSE's obligations to present and future household (utility) drinking water consumers;

2.20.3. when the condition of the consumer's internal water and sewage services network does not conform to the normative legal acts on technical operation of water and sewage networks;

2.20.4. customer's withdrawal of the application for connection;

2.20.5. impossibility of protecting or relocating the existing water supply or sewage networks and facilities in the construction area.

2.21. The authority (body) granting the construction permit shall have the right to file a fresh application with the WSSE upon the customer's application, and the customer referred to in Clause 2.7 of these Regulations shall have the right to submit a new application to the WSSE..[5]

2.22. The customer or the authority (body) granting the construction permit may initiate administrative and judicial procedures to file a complaint if they disagree with the requirements stated in the provided technical specifications.

2.23. When there is a need to deviate from the technical specifications during the construction of the facilities, the customer must obtain consent for the proposed changes from the WSSE that has issued the technical specifications either upon direct application by the customer or at the request of the authority (body) granting the construction permit. In this case, WSSE shall provide its official response to the changes made in the technical specifications within 10 (ten) working days from the date of receipt of the application or request. If no response is provided within this period, the project shall be deemed agreed.

2.24. Upon application of the customer who has lost their technical specifications document, WSSE shall provide them with a duplicate of the previously issued document free of charge within 3 (three) working days.

2.25. To ensure the completion of the facility's construction until the provisions of the technical specifications are met, WSSE shall provide the customer with water supply and wastewater disposal services within the agreed demand limit based on temporary technical specifications.

2.26. The provisions of these Regulations envisaged for technical specifications shall also apply to the issuance of temporary technical specifications.

2.27. It is not allowed to connect another (consumer) to the temporary water supply and wastewater discharge line installed for the construction of construction facilities.

2.28. The validity period of the temporary technical specifications shall not be less than the period specified for the construction permit (design, construction and completion of the facility).

2.29. To calculate the water consumption settlement between the WSSE and the customer (consumer) during the validity period of the temporary technical specifications, an appropriate water-metering device of an approved type entered into the state register and certified by the State Service for Antimonopoly and Consumer Market Control under the Ministry of Economy of the Republic of Azerbaijan shall be installed at the balance inventory boundary (where this is technically feasible). The installation of meters and other measuring devices that are not of the approved types and do not meet the standards is not allowed.^[6]

2.30. If it is not technically feasible to install a water-metering device on the balance inventory boundary, the portion between the water-metering device and the connection point in the balance of the customer (consumer) shall be transferred to the balance of the WSSE by mutual agreement, either free of charge or for a fee, at the initiative of WSSE or customer (consumer).

3. Connection to WSWDS

3.1. The customer's connection to WSWDS shall be carried out by WSSE in the following manner within a maximum of 15 (fifteen) working days from the date of the decision to issue the technical specifications, provided that the customer implements the technical specifications, including the project work related to the connection:

3.1.1. in respect of the customer specified in Clause 2.6 of these Regulations - at the expense of the customer (the connection fee established by the Tariff (price) Board of the Republic of Azerbaijan shall be paid to the bank account of WSSE during that period);

3.1.2. in respect of the customer specified in Clause 2.7 of these Regulations - at the expense of WSSE.

3.2. Considering that the general technical specifications have been provided and connection fee has been paid for the connection of residential buildings to WSWDS, it is not required to acquire separate technical specifications and pay a connection fee for the connection of apartments in those buildings to the WSWDS.

3.3. Measures for connection to the WSWDS shall be implemented sequentially in the following stages:

3.3.1. implementation of connection works, including preparation and agreement of the connection project, in accordance with the technical specifications;

3.3.2. disinfection and washing of new water pipelines and plants;

3.3.3. signing the Balance Inventory Boundary, Operational Responsibility and Connection Acts between the customer and WSSE.

3.4. The obligations of the parties for the implementation of connection measures specified in the technical specifications shall be defined as follows:

3.4.1. the customer shall fulfil their operational obligations up to the boundary of operational responsibility, and their balance obligations up to the point of connection;

3.4.2. WSSE shall fulfil its operational obligations up to the boundary of operational responsibility, and their balance obligations up to the point of connection.

3.5. Disinfection and washing of new water pipelines and plants shall be carried out by an executer who performs the washing work (a contractor building water pipelines and plants) in the presence of a WSSE representative at the customer's expense (in the case provided for in Clause 2.6 of these Regulations) or at the expense of WSSE (in the case provided for in Clause 2.7 of these Regulations).

3.6. The representatives of the WSSE and the executing entity performing the washing activities shall prepare a Disinfection and Washing Act. The Act shall be signed by the individuals who have prepared it, as well as by representatives of the state sanitary control authorities. The relevant state sanitary-epidemiological service institution shall compile a special document/Act on whether the chemical and bacteriological indicators of the drinking water, which has been taken from the new disinfected and washed water pipelines and plants and has undergone laboratory examination in accordance with the requirements of the normative legal acts in force in the field of sanitary and epidemiological standards for drinking water, comply with the requirements of state standards. [7]

3.7. The Connection Act between the customer and WSSE shall be drawn up in two copies in the single-type form specified in Annex No. 2 of these Regulations. One copy shall remain with the customer and the other with WSSE.

3.8. The Balance Inventory Boundary Act and the Operational Responsibility Act, which are integral parts of the Connection Act, shall be compiled in two copies each in the single-type form provided for in Annexes No. 3 and 4 of these Regulations, respectively. One copy shall remain with the customer and the other with WSSE. The Connection Act shall be signed only after both of these Acts have been signed.

3.9. After the Connection Act, the Balance Inventory Boundary Act and the Operational Responsibility Act have been signed, a water purchase contract shall be concluded between the customer and the WSSE in the manner prescribed by the Cabinet of Ministers of the Republic of Azerbaijan, and water shall be supplied to the customer (consumer).

3.10. No person shall be permitted to make an illegal (unauthorized) connection to the WSWDS or alter any technical parameter of an existing connection made in accordance with these Regulations, without prior approval/agreement of the WSSE.

3.11. Illegal (unauthorized) connection to WSWDS shall be immediately terminated by WSSE.

3.12. Illegal (unauthorized) connection to WSWDS shall entail liability under the law.

LIST OF SOURCE DOCUMENTS USED

1. Resolution of the Cabinet of Ministers of the Republic of Azerbaijan No 19, dated January 28, 2016 (Azerbaijan newspaper, February 5, 2016, No. 26; Legislative Collection of the Republic of Azerbaijan, 2016, No. 02, Book II, Article 362)
2. Resolution of the Cabinet of Ministers of the Republic of Azerbaijan No 367, dated August 30, 2018 (Khalg newspaper, September 2, 2018, No. 195; Legislative Collection of the Republic of Azerbaijan, 2018, No. 8, Article 1817)
3. Resolution of the Cabinet of Ministers of the Republic of Azerbaijan No 223, dated June 9, 2020 (Khalg newspaper, July 1, 2020, No. 124; Legislative Collection of the Republic of Azerbaijan, 2020, No. 6, Article 813)
4. Resolution of the Cabinet of Ministers of the Republic of Azerbaijan No 48, dated February 21 2022  (Khalg newspaper, February 23, 2022, No. 41; Legislative Collection of the Republic of Azerbaijan, 2022, No. 2, Article 172)
5. Resolution of the Cabinet of Ministers of the Republic of Azerbaijan No 61, dated February 26, 2022 (Khalg newspaper, March 4, 2022, No. 49; Legislative Collection of the Republic of Azerbaijan, 2022, No. 2, Article 185)

LIST OF AMENDMENTS AND SUPPLEMENTS MADE TO THE RESOLUTION

[1] By the Resolution of the Cabinet of Ministers of the Republic of Azerbaijan No. 223 dated June 29, 2020 (Khalg newspaper, July 1, 2020, No. 124; Legislative Collection of the Republic of Azerbaijan, 2020, No. 6, Article 813), the second paragraph was deemed Part 1, and a new content Part 2 was added.

[2] By the Resolution of the Cabinet of Ministers of the Republic of Azerbaijan No. 223 dated June 29, 2020  (Khalg newspaper, July 1, 2020, No. 124; Legislative Collection of the Republic of Azerbaijan, 2020, No. 6, Article 813), the words “Respective local executive authority (hereinafter – “RLEA”)” were replaced by the words “The authority (body) granting the construction permit” in the second  sentence of Clause 1.10 of the “Regulations on the Issuance of Technical Specifications for Water Supply and Wastewater Disposal System Connection and Consumer Connection”.

[3] By the Resolution of the Cabinet of Ministers of the Republic of Azerbaijan No 223 dated June 29, 2020  (Khalg newspaper, July 1, 2020, No. 124; Legislative Collection of the Republic of Azerbaijan, 2020, No. 6, Article 813), the acronym “RLEA” in relevant cases of the noun was replaced by the words “the authority (body) granting the construction permit” in relevant cases of the noun in the first (in both cases) sentence of Clause 2.6, in the first (in the second case) and second sentences (in the second case) of Clause 2.8, in Clauses 2.9 and 2.12, in the first sentences of Clauses 2.14 and 2.16, in Clause 2.22 and in the first sentence of Clause 2.23 of the “Regulations on the Issuance of Technical Specifications for Water Supply and Wastewater Disposal System Connection and Consumer Connection”.

[4] By the Resolution of the Cabinet of Ministers of the Republic of Azerbaijan No 19, dated January 28, 2016 (Azerbaijan newspaper, February 5, 2016, No. 26; Legislative Collection of the Republic of Azerbaijan, 2016, No. 02, Book II, Article 362), Clause 2.7 of the “Regulations on the Issuance of Technical Specifications for Water Supply and Wastewater Disposal System Connection and Consumer Connection” was revised.

The previous edition stated the following:

2.7. Technical specifications for houses of 3 or fewer floors, with a height of 12 meters or less and a length of 6 meters or less, as well as for construction facilities that do not require a construction permit (regardless of the required power) shall be issued on the basis of a direct application to the WSSE by the customer who owns the above-mentioned residential house or construction facility.

[5] By the Resolution of the Cabinet of Ministers of the Republic of Azerbaijan No 223 dated June 29, 2020 (Khalg newspaper, July 1, 2020, No. 124; Legislative Collection of the Republic of Azerbaijan, 2020, No. 6, Article 813), the acronym “RLEA” in relevant cases of the noun was replaced by the words “the authority (body) granting the construction permit)” in relevant cases of the noun in the second sentence of Clause 2.6, in the first (in the first case) and second sentences (in the first case) of Clause 2.8, in the third sentence of Clause 2.14, in the second sentence of Clause 2.16, and in Clause 2.21 of the “Regulations on the Issuance of Technical Specifications for Water Supply and Wastewater Disposal System Connection and Consumer Connection”.

[6] By the Resolution of the Cabinet of Ministers of the Republic of Azerbaijan No. 367 dated August 30, 2018 (Khalg newspaper, September 2, 2018, No. 195; Legislative Collection of the Republic of Azerbaijan, 2018, No. 8, Article 1817), the words “State Committee on Standardization, Metrology and Patents” were replaced by the words “State Service for Antimonopoly and Consumer Market Control” in the first sentence of Clause 2.29 of the “Regulations on the Issuance of Technical Specifications for Water Supply and Wastewater Disposal System Connection and Consumer Connection” and in Annex No. 1 of those Regulations.

By the Resolution of the Cabinet of Ministers of the Republic of Azerbaijan No. 61, dated February 26, 2022 (Khalg newspaper, March 4, 2022, No. 49; Legislative Collection of the Republic of Azerbaijan, 2022, No. 2, Article 185), the words “State Agency for Antimonopoly and Consumer Market Control” were replaced by the words “State Service for Antimonopoly and Consumer Market Control under the Ministry of Economy of the Republic of Azerbaijan” in the first sentence of Clause 2.29 of the “Regulations on the Issuance of Technical Specifications for Water Supply and Wastewater Disposal System Connection and Consumer Connection” and in Annex No. 1 of those Regulations.

[7] By the Resolution of the Cabinet of Ministers of the Republic of Azerbaijan No. 48, dated February 21 2022 (Khalg newspaper, February 23, 2022, No. 41; Legislative Collection of the Republic of Azerbaijan, 2022, No. 2, Article 172), the words “sanitary-epidemiological service body” were replaced by the words “sanitary-epidemiological service institution” in the third sentence of Clause 3.6 of the “Regulations on the Issuance of Technical Specifications for Water Supply and Wastewater Disposal System Connection and Consumer Connection”.