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The document ceased to be valid according to Item 5 of the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of December 25, 2019 No. 501

RESOLUTION OF THE CABINET OF MINISTERS OF THE AZERBAIJAN REPUBLIC

of September 28, 1998 No. 197

About approval of Rules of determination of places for construction of the companies, installations and other objects influencing condition of waters, approvals and transfers for state examination of construction projects of these objects and their delivery in operation

(as amended on 23-10-2014)

Due to the execution of the Presidential decree of the Azerbaijan Republic of March 13, 1998 No. 685 "About application of the Water code of the Azerbaijan Republic approved by the Law of the Azerbaijan Republic of December 26, 1997" the Cabinet of Ministers of the Azerbaijan Republic decides:

1. Approve "Rules of determination of places for construction of the companies, installations and other objects influencing condition of waters, approvals and transfers for state examination of construction projects of these objects and their delivery in operation".

2. This resolution becomes effective from the date of its signing.

Prime Minister of the Azerbaijan Republic

A.Rasi-Rade

Approved by the Resolution of the Cabinet of Ministers of the Azerbaijan Republic of September 28, 1998 No. 197

Rules of determination of places for construction of the companies, installations and other objects influencing condition of waters, approvals and transfers for state examination of construction projects of these objects and their delivery in operation

1. General provisions

1.1. These rules are developed in connection with execution of the Presidential decree of the Azerbaijan Republic of March 13, 1998 No. 685 "About application of the Water code of the Azerbaijan Republic approved by the Law of the Azerbaijan Republic of December 26, 1997" and are obligatory for all legal entities and physical persons irrespective of pattern of ownership which are subjects of objects of new construction, reconstruction, expansion, supply with the new equipment, influencing condition of waters in the territory of the Azerbaijan Republic.

These rules regulate questions of provision of permission to parcellation for construction of facilities, directly or indirectly the waters influencing condition, approval of their designing and delivery in use with the state bodies exercising control in this area.

1.2. These rules cover protection of water resources of the republic from chemical, bacteriological, radioactive, mechanical, heat and magnetic pollution and are directed to normal operation of water supply sources in the buildings and installations which are under construction, reconstructed, supplied by new technical equipment, and also on cleaning and neutralization at the required level according to the optimum scheme of the taken-away waste waters.

1.3. In case of the construction and operation which are based, reconstructed, supplied by the new equipment of construction objects the objects influencing condition of waters will be approved in single procedure. Land water objects shall be approved with the Azerbaijani open joint stock company of melioration and water economy, the Ministry of Ecology and Natural Resources of the Azerbaijan Republic, underground water objects shall be approved with the Ministry of Ecology and Natural Resources of the Azerbaijan Republic, the Ministry of Emergency Situations of the Azerbaijan Republic and also with relevant organs of the executive authority and private owners, organizations of health control, in need of limits of the powers with organizations of sea and river navigation, sea management, land and veterinary service.

1.4. These rules cover general requirements to adoption of the relevant decision in case of preproject approval of construction objects and approval of the project documentation on them and provision of permission to its application taking into account influence of these objects on condition of water objects with condition of purposeful and their effective placement.

2. Objects and subjects of construction which can affect condition of water basins of the Azerbaijan Republic

2.1. Treat the construction objects falling to the sphere of legal scope these rules, including also the Caspian Sea, objects of new construction, expansion and reconstruction, industry, civil buildings, installations of supply with the new equipment which can affect quality of underground and land water resources.

2.2. Customers of the objects influencing the condition of water basins of the republic, bodies and faces named in Item 1.3 of these rules treat the subjects of construction falling to the sphere of legal scope these rules.

3. Determination of places for construction of the companies, installations and other objects influencing condition of water basins of the Azerbaijan Republic and development of documents on provision of permission to parcellation by it

3.1. The parcels of land for new buildings which can exert impact on quality of water resources of the Azerbaijan Republic are allocated in accordance with the established procedure and relevant organs of the executive authority according to the existing land legislation in case of strict observance of master plans of settlements, schemes of development of the sewerage and water economy.

3.2. The decision on parcellation for construction of facilities of individual property is made by the corresponding executive authorities after receipt of permission of the state ecological assessment to the submitted documents of the declaration and reasons, according to the documents of reasons concentrating in themselves technical and ecological, production and technological and technical solution of conducting examination of projects on use of water and withdrawal of waste waters and approval of these projects.

3.3. Permission to parcellation for objects of individual building is issued by the corresponding executive authorities in accordance with the established procedure, after receipt of consent of authorized bodies on melioration and water economy, ecology and natural resources, to emergency situations to health care, agricultural industry, fishery, and also on water transport services of the republic (the last three services in necessary cases).

3.4. Documents on allocation of the parcel of land for the construction object influencing condition of waters, and issue of specifications keep the force during the normative term established for designing and construction of the companies, buildings and installations.

4. Procedure for approval and conducting state examination of the projects constituted for the construction objects influencing condition of waters

4.1. In case of parcellation for construction of facilities relevant organs shall comply with specifications and requirements.

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