ORDER OF THE GOVERNMENT OF THE RUSSIAN FEDERATION

of July 29, 2013 No. 644

About approval of Rules of cold water supply and water disposal and about introduction of amendments to some acts of the Government of the Russian Federation

According to the Federal Law "About Water Supply and Water Disposal" Government of the Russian Federation decides:

1. Approve enclosed:

Rules of cold water supply and water disposal;

changes which are made to acts of the Government of the Russian Federation.

2. Determine that about application of the Rules approved by this resolution the federal executive body performing functions on development of state policy and normative legal regulation in the sphere of housing and communal services gives explanations.

3. Determine that action of Items 9, of 61, of 62, of 64, of 65, of 67 and 69 - 71 Instructions for use systems of municipal water supply and the sewerage in the Russian Federation approved by the order of the Government of the Russian Federation of February 12, 1999 No. 167 "About approval of Instructions for use systems of municipal water supply and the sewerage in the Russian Federation" and orders of the Government of the Russian Federation of December 31, 1995 No. 1310 "About collection of payment for dumping of sewage and pollutants in systems of the sewerage of settlements" since January 1, 2019 does not extend to subscribers concerning whom standard rates of admissible dumpings of pollutants, other substances and microorganisms according to article 27 of the Federal law "About Water Supply and Water Disposal" are established.

4. The Section VII Governed, approved by this resolution, becomes effective since January 1, 2014.

 

Approved by the Order of the Government of the Russian Federation of July 29, 2013 No. 644

Rules of cold water supply and water disposal

I. General provisions

1. These rules govern the relations of federal executive bodies, executive bodies of subjects of the Russian Federation, local government bodies of settlements, city districts (further - local government bodies), the organizations performing cold water supply and (or) water disposal (further - the organizations of water and sewer economy), applicants, the organizations performing transportation of water, sewage, other regulated types of activity in the sphere of water supply and (or) water disposal, subscribers in the sphere of cold water supply and water disposal on provision cold (drinking and (or) technical) waters from centralized and not centralized systems of cold water supply and on removal of sewage in centralized system of water disposal (further respectively - subscribers, water disposal).

To the relations arising between the organizations of water and sewer economy, owners and (or) users of rooms in apartment houses and apartment houses and (or) the condominiums or building, housing cooperatives and (or) other specialized consumer cooperatives, management companies connected with ensuring provision to owners and users of rooms in the apartment house or the apartment house of utilities on cold water supply, water disposal, provisions of these rules are applied in the part which is not settled by the housing legislation.

2. In these rules the concepts determined in the Federal Law "About Water Supply and Water Disposal" and also the following concepts are used:

"accident" - the dangerous technogenic incident leading to restriction or the termination of water supply and (or) water disposal, creating on centralized systems of water supply and (or) water disposal, separate objects of such systems, including on water supply and (or) sewer systems, threat of life and to human health or leading to drawing environmental damage;

"balance of water consumption and water disposal" - the document containing data on average daily amount of the water received by the subscriber from all sources of water supply and (or) on amount of the sewage dumped by the subscriber in centralized system of water disposal, including data on distribution of amount of sewage on sewer releases;

"border of balance sheet accessory" - the line of the Section of objects of centralized systems of cold water supply and (or) water disposal, including water supply and (or) sewer systems, between owners on the basis of property or ownership on other legal cause;

"limit of operational responsibility" - the line of the Section of objects of centralized systems of cold water supply and (or) water disposal, including water supply and (or) sewer systems, on the basis of obligations (responsibility) on operation of these systems or networks, established in the agreement of cold water supply, the agreement of water disposal or the single agreement of cold water supply and water disposal, the agreement on transportation of cold water, the agreement on transportation of sewage;

"control test" - the test of the sewage accepted from subscribers (including sewage of the transit organizations) in centralized system of water disposal, which is selected from control sewer well for the purpose of determination of structure and properties of such sewage;

"control sewer well" - the well intended for sampling of sewage of the subscriber, determined in the agreement of water disposal or the single agreement of cold water supply and water disposal, the agreement by transportation of sewage or the last well on sewer network of the subscriber before its insert in centralized system of water disposal;

"local clearing construction" - the construction and (or) the device providing sewage treatment of the subscriber before their assignment (dumping) into centralized system of water disposal;

"standard rates of water disposal on composition of sewage" - the indicators of composition of sewage of the subscribers dumped in centralized system of water disposal, established for the purpose of protection of water objects from pollution according to Instructions for use the systems of municipal water supply and the sewerage in the Russian Federation approved by the order of the Government of the Russian Federation of February 12, 1999 No. 167 "About approval of Instructions for use systems of municipal water supply and the sewerage in the Russian Federation";

"surface sewage" - the rain, thawed, infiltration, watering, drainage sewage accepted in centralized system of water disposal;

"unauthorized use of centralized system of cold water supply and (or) water disposal" - use of centralized system of cold water supply and (or) centralized system of water disposal or in the absence of the agreement of cold water supply, the agreement of water disposal or the single agreement of cold water supply and water disposal, or in case of violation of safety of control seals on the latches, fire hydrants or bypass lines which are in limits of operational responsibility of the subscriber (in the absence of metering devices on them), or in case of insert of the subscriber in water supply system to the established metering device;

"unauthorized connection (technological accession) to centralized system of cold water supply and (or) water disposal" - the accession to centralized system of cold water supply and (or) centralized system of water disposal made in the absence of the agreement on connection (technological accession) to centralized system of cold water supply and (or) water disposal (further - the contract on connection (technological accession) or with violation of its conditions;

"the transit organization" - the organization, including the individual entrepreneur operating water supply and (or) sewer systems and rendering transportation services of water and (or) sewage.

3. The procedure for use of centralized system of cold water supply in emergency situations is determined by requirements of technical regulations, the state and national standards, and also the instruction for preparation and work of systems of economic and drinking water supply in emergency situations.

II. Procedure for the conclusion of agreements of cold water supply, agreements of water disposal, single agreements of cold water supply and water disposal, transportation agreements of water, transportation agreements of sewage

4. Cold water supply and (or) water disposal with use of centralized systems of cold water supply and (or) water disposal are performed based on the agreement of cold water supply, the agreement of water disposal or the single agreement of cold water supply and water disposal.

5. Agreements of cold water supply, agreements of water disposal or single agreements of cold water supply and water disposal consist between subscribers and the organization of water and sewer economy according to the standard agreements approved by the order of the Government of the Russian Federation of July 29, 2013 No. 645 "About approval of standard agreements in the field of cold water supply and water disposal" (further - standard agreements).

6. If for centralized systems of cold water supply and (or) water disposal by local government bodies the guaranteeing organization is determined, the relevant agreements of cold water supply, water disposals or the single agreement of cold water supply and water disposal consist with such guaranteeing organization.

7. Before determination by local government bodies of the guaranteeing organization subscribers sign contracts of cold water supply, agreements of water disposal or single agreements of cold water supply and water disposal with the organization of water and sewer economy to which water supply and (or) sewer systems the subscriber's objects are connected.

8. The basis for the conclusion of the agreement of cold water supply, the agreement of water disposal or the single agreement of cold water supply and water disposal is the request of the subscriber for the conclusion of such agreement signed by the subscriber or the person authorized by it acting on behalf of the subscriber based on the power of attorney (further - the request of the subscriber), or the offer on the conclusion of the agreement from the organization of water and sewer economy (guaranteeing the organizations after the choice of such organization).

9. The request of the subscriber is considered by the organization of water and sewer economy within 20 days from the date of its receipt. If in the request of the subscriber there are no necessary data and (or) documents provided by Items 16 and 17 of these rules, the organization of water and sewer economy within 5 working days from the date of receipt of the request of the subscriber sends it the notification on need to submit missing data and (or) documents then stops consideration of the request of the subscriber before receipt of missing data and documents. If missing data and (or) documents will not be submitted by the subscriber within 20 days from the date of suspension of consideration of the request of the subscriber, the organization of water and sewer economy has the right to stop consideration of the request of the subscriber and to return it with indication of return reasons.

In case of the direction the organization of water and sewer economy (the guaranteeing organization after the choice of such organization) to the subscriber of the offer on the conclusion of the agreement of cold water supply, the agreement of water disposal, the single agreement of cold water supply and water disposal the organization of water and sewer economy (the guaranteeing organization) sends to the subscriber in 2 copies the draft of the relevant agreement answering to conditions of standard agreements.

10. In case of receipt of requests from several subscribers concerning the same objects (including in case of coincidence of part of objects) consideration of requests of subscribers can be suspended by the organization of water and sewer economy no more than for 30 days for representation by persons who signed requests of subscribers, proofs of availability of competences at them to sign the relevant agreement of cold water supply, the agreement of water disposal or the single agreement of cold water supply and water disposal, namely the statement from the Unified State Register of Rights on real estate and transactions with it (the data from the Single state real estate register) concerning the objects specified in the request of the subscriber (concerning the objects which are not capital construction projects - the copies of the documents confirming the subscriber's rights to the parcel of land on which the connected object is located certified in accordance with the established procedure). If the missing data and (or) documents allowing to determine unambiguously competence and powers of the subscriber will not be provided by the subscriber within 30 days from the date of suspension of consideration of the request of the subscriber, the organization of water and sewer economy has the right to stop its consideration and to return it with indication of return reasons.

11. If the request of the subscriber meets the requirements of these rules, the organization of water and sewer economy within 20 days from the date of receipt of the request of the subscriber or submission to them of data and documents in full sends to the subscriber in 2 copies the drafts of the relevant agreements answering to conditions of standard agreements.

12. The subscriber within 30 days from the date of receipt of draft agreements of cold water supply, the agreement of water disposal or the single agreement of cold water supply and water disposal shall sign both copies of each draft agreement and direct 1 copy of the signed contract of the organization of water and sewer economy with appendix to such agreement of the documents confirming the competence of person acting on behalf of the subscriber and which signed the agreement. The agreement is considered the prisoner from the date of receipt of water and sewer economy by the organization (the guaranteeing organization) of the agreement of cold water supply, the agreement of water disposal or the single agreement of cold water supply and water disposal signed by the subscriber if other is not established by these rules or the relevant agreement.

If after 30 days from the date of receipt the subscriber did not provide to the subscriber from the organization of water and sewer economy of drafts of the specified agreements signed agreements or the offer on change of introduced drafts of agreements in the part which is not contradicting provisions of the Federal Law "About Water Supply and Water Disposal", these rules and conditions of standard agreements (regarding the terms of the contract determined by the organization of water and sewer economy and the subscriber), such agreements are considered as prisoners on the conditions containing in the agreements provided by the organization of water and sewer economy.

13. The subscriber within 30 days from the date of receipt of the draft agreement of cold water supply, the draft agreement of water disposal or the draft of the single agreement of cold water supply and water disposal has the right to provide to the organization of water and sewer economy which directed such draft agreements, the offer on change of introduced drafts of agreements in the part which is not contradicting provisions of the Federal Law "About Water Supply and Water Disposal", these rules and conditions of standard agreements (regarding the terms of the contract determined by the organization of water and sewer economy and the subscriber). Such proposal of the subscriber goes the subscriber in the organization of water and sewer economy which directed the offer on the conclusion of the agreement (agreements), in any manner allowing to confirm receipt of the proposal of the subscriber by the organization of water and sewer economy.

14. In case of representation by the subscriber within 30 days after obtaining from the organization of water and sewer economy of draft agreements of cold water supply, the agreement of water disposal or the single agreement of cold water supply and water disposal of motivated refusal of signature of the draft agreement (draft agreements) in the offered edition with appendix of the offer on project change of the agreement (draft agreements) the organization of water and sewer economy shall in consider the specified documents within 10 working days, take measures to settlement of disagreements and direct to the subscriber to signing the new draft agreement (draft agreements).

The subscriber signs the draft agreement (agreements) in within 10 working days from the date of its obtaining in 2 copies and directs 1 copy of the signed agreement (agreements) of the organization of water and sewer economy.

If the organization of water and sewer economy will not send to the subscriber in within 10 working days the new draft agreement (draft agreements), the subscriber has the right to take a legal action with the requirement about compulsion of the organization of water and sewer economy to sign the agreement.

15. The agreement of cold water supply, the agreement of water disposal or the single agreement of cold water supply and water disposal consist for the term specified in the agreement. If a month before expiration of the contract any of the parties does not declare its termination, change or the conclusion of the agreement on other conditions conforming to requirements of the Federal Law "About Water Supply and Water Disposal" and other regulatory legal acts accepted according to it, the duration of the agreement of cold water supply, agreements of water disposal or the single agreement of cold water supply and water disposal is prolonged for the same term and on the same conditions.

16. In the request of the subscriber the following data are specified:

a) the subscriber's details (for legal entities - full name and the primary state registration number of entry in the Unified State Register of Legal Entities and date of its entering into the register, the location, individual taxpayer number, the postal address, bank details, documents certifying the right of person to agreement signature; for individual entrepreneurs - the primary state registration number of entry in the Unified State Register of Private Entrepreneurs and date of its entering into the register, registration address at the place of residence, the postal address, individual taxpayer number, bank details; for physical persons - surname, name, middle name, series, number and date of issue of the passport or other identity document in accordance with the legislation of the Russian Federation, registration address at the place of residence, contact information of the subscriber, including the postal address);

b) the name and the location of objects of subscribers concerning which the agreement of cold water supply will be signed the agreement of water disposal or the single agreement of cold water supply and water disposal, and also the name and the location of objects of subscribers (in case of their availability) concerning which the subscriber will perform transportation of cold water and (or) sewage on the water supply and (or) sewer systems belonging to it;

c) information on the used water supply sources, including amount of the taken-away water and the basis for water intake from source, the organizations through which water supply systems water supply, amount of the received water is performed;

d) structure and properties of the sewage assumed to assignment in centralized system of water disposal and dynamics of their change within year. The requirement about inclusion in structure of the request of the subscriber of the specified data extends only to subscribers concerning whom standard rates of admissible dumpings of pollutants, other substances and microorganisms are established (further - standard rates of admissible dumpings of subscribers), standard rates of water disposal on composition of sewage, and also requirements to structure and properties of the sewage which is taken away in centralized system of water disposal, the water disposals established for the purpose of prevention of negative impact on work of centralized system;

e) the area and the characteristic of covering of the parcel of land belonging to the subscriber on whom the buildings and constructions belonging to the subscriber on the property right or on other legal cause from which dumping of surface sewage into centralized system of water disposal, including unorganized dumping of surface sewage is performed are located;

e) data on type of activity, performed by the subscriber, necessary for reference of the subscriber to category of persons concerning whom standard rates of admissible dumpings of subscribers are established.

17. The following documents are attached to the request of the subscriber:

a) the copy of the document confirming the property right or other legal cause of emergence of rights of possession and (or) uses on object at the subscriber including on the water supply and (or) sewer systems and other devices necessary for accession to centralized systems of cold water supply and (or) water disposal, metering devices. The subscribers who do not have direct connection to the objects of centralized system of water supply or water disposal belonging to the organization of water and sewer economy on the property right or other legal cause shall provide the act of differentiation of operational responsibility with persons owning on the property right or other legal cause by water supply and (or) sewer systems, except as specified, if objects of such subscribers are connected to ownerless networks and also if unorganized dumping of surface sewage from the territories of subscribers in centralized system of water disposal is performed;

b) the power of attorney or other documents which in accordance with the legislation of the Russian Federation confirm powers of the representative of the subscriber acting on behalf of the subscriber on the conclusion of the agreement of cold water supply, the agreement of water disposal or the single agreement of cold water supply and water disposal (for physical persons - the passport copy, other identity document in the territory of the Russian Federation in accordance with the legislation of the Russian Federation);

c) the documents provided by Rules, management companies or condominium or housing cooperative or other specialized consumer cooperative of contracts with the resource supplying organizations, obligatory in case of the conclusion, approved by the order of the Government of the Russian Federation of February 14, 2012 No. 124, and also the data necessary for determination of amounts of the consumed water, the taken-away sewage by calculation method in the absence of metering devices including extent of improvement and number of storeys of the objects, quantity living, the areas of residential and non-residential premises of objects, total areas of apartment houses and apartment houses, land areas under watering - for the organizations exercising control of apartment houses, condominiums, building, housing cooperatives and other specialized consumer cooperatives, owners of rooms in apartment houses owners (users) of apartment houses;

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