Area: Okolje in prostor
Competent authority: MOP
EZU URL: .nan
Initiative ID: 1075
Initiative accepted and completed: '2020-11-05'
Initiative classified in EZU: .nan
Initiative forwarded in response: '2020-10-26'
Initiative published: '2020-10-26'
Initiative submitted: '2020-10-23'
Response from the competent authority: Reply from the Ministry of the Environment
  and Spatial Planning:Regulation on urban waste water discharge and treatment (Official
  Gazette of the RS, No. 98/15, 76/17 and 81/19; hereinafter referred to as the Regulation),
  with regard to the collection and treatment of urban waste water and precipitation
  water, which is implemented as a compulsory municipal public utility service for
  the collection and treatment of urban waste water and precipitation water (hereinafter
  referred to as the public service), establishes the types of tasks to be performed
  within the public service and the supply standards and technical, maintenance, organisational
  and other measures and norms for the implementation of the public service.The requirements
  for the provision of agglomerations are laid down in Article 19 of the Regulation,
  which stipulates that, in order to provide the public service, agglomerations must
  be provided with a public sewerage network and a municipal waste water treatment
  plant for the treatment of urban waste water, or, as the case may be, with a public
  sewerage system. For a group of buildings, an agglomeration may also be equipped
  with a small urban waste water treatment plant (SWWTP) with a capacity equal to
  or greater than 50 PE, which is considered to be part of the public sewerage system.Article
  19a of the Regulation defines exceptions to the equipment of agglomerations. Accordingly,
  an agglomeration with a total load of less than 500 PE may, for the purposes of
  the provision of public services in its area, be equipped with the facilities referred
  to in Article 19(4) for individual facilities or for groups of facilities - this
  may be a non-receptacle septic tank or a small urban waste water treatment plant
  (SUDW). Such arrangements may be provided if the environmental pollution caused
  by the production of urban waste water in the facility or group of facilities is
  less than 50 PE and the conditions are fulfilled that the length of the sewer connection
  would exceed 100 m, or the construction of the sewer connection is not technically
  feasible or would entail disproportionate costs in relation to the benefits for
  the environment of the construction of the sewer connection.Arrangements for individual
  buildings or groups of buildings with a septic tank or a septic tank in agglomerations
  with a load of less than 500 PE may be made if the municipality, on the basis of
  an economic analysis of the retrofitting options, determines that retrofitting the
  agglomeration with public sewerage would entail a cost more than three times higher
  than the cost of retrofitting in accordance with the fourth paragraph of Article
  19(1)(b). Article 19 of the Regulation. The economic analysis shall take into account
  at least the retrofitting option with one public sewerage system for the whole agglomeration,
  the retrofitting option with several public sewerage systems for groups of buildings
  in the agglomeration and the retrofitting option with arrangements for individual
  buildings or groups of buildings (i.e. a septic tank for up to 50 p.e.), septic
  tanks), taking into account the costs and benefits of each of the options considered
  over the economic lifetime of the investment, applying the provisions of the Regulation
  governing the uniform methodology for the preparation and processing of investment
  documentation in the financial field.As regards the question of who is obliged to
  take care of the MSWM, which, according to the provisions of Article 19a, can be
  provided in agglomerations with a load of less than 500 PE, it should be clarified
  that the Regulation lays down the supply standards for the provision of the public
  service of urban waste water and precipitation waste water collection and treatment.
  The Regulation therefore lays down the obligation to provide public sewerage and
  the conditions under which groups of buildings or individual buildings in an agglomeration
  may be provided with other sewerage. In accordance with the law governing public
  utilities, the manner in which the public service is to be provided and, in this
  context, the type and extent of the facilities and installations necessary for the
  provision of the public utility, which are the property of the local authority and
  part of the public property which is a public good, and the protection which it
  enjoys, are to be determined by municipal regulations. In the light of the above,
  the determination of public or private infrastructure, or the demarcation between
  public and private infrastructure, is a matter for the municipality. This also establishes
  a demarcation between those responsible for the provision of each type of infrastructure.
  Public sewerage, which is a public infrastructure of local importance, is provided
  by the municipality, while individual arrangements for each individual building
  are provided by the investor or owner of the building. In our view, the person who
  owns the infrastructure in question is the one who is obliged to maintain it and
  to cover the operating costs.Therefore, if the municipality defines in a municipal
  regulation the arrangements for individual facilities or groups of facilities as
  part of the public infrastructure owned by the municipality, the municipality is
  also obliged to provide such arrangements and to take care of their maintenance
  and to assume the other necessary obligations (e.g. In the case of MSWM up to 50
  PE or septic tanks in an agglomeration being considered as private infrastructure,
  it is the responsibility of the owners of the facilities to provide and maintain
  them.Finally, it should be explicitly pointed out that the Ministry may issue non-binding
  opinions and clarifications of the regulations within its competence, but cannot
  comment on specific procedures conducted by a particular administrative, inspection,
  municipal or any other authority. Each authority is independent in the conduct of
  proceedings and decision-making in matters within its competence, within the framework
  of the law.
Text file: 1075.txt
Title: Equipping agglomerations with individual small urban wastewater treatment plants
URL: https://www.stopbirokraciji.gov.si/pobuda/?st=1075
