On Approval of the Rules for Provision of Equal Access to Regulated Services (Goods, Works) in the Sphere of Natural Monopolies
The Order of the Minister of National Economy of the Republic of Kazakhstan as of 29 December 2014, No 175, registered with the Ministry of Justice of the Republic of Kazakhstan on 13 April 2015, No 10705.
“Adilet” Legal Information System, 27.04.2015; “Kazakhstanskaya Pravda” № 106 (28232); “Egemen Qazaqstan” № 106 (28834), 04.06.2016.
- The Procedure for equal access to regulated services in water supply and (or) wastewater disposal and the procedure for equal access to issuing the Technical Requirements for connection
86. With insufficient capacity of the water and wastewater systems, when a customer connection to the system worsens the provision of other customers with services, a customer requesting connection is provided with the Technical Requirements for increasing the capacity of the water and wastewater system.
87. Customers are connected to the systems of Natural Monopoly Entities (the “Entity”) provided the listed below are available to the customers:
1) The Service Contract that defines balance sheet attributions of networks and operational responsibilities of parties;
2) Networks and equipment meeting the technical requirements of the Entity;
3) Water meters.
88. Customers are connected to the Entity’s systems only if the constructed water and wastewater systems fully meet the technical requirements imposed by the service provider under the Law of the Republic of Kazakhstan “On Architecture, Town Planning and Construction Activity in the Republic of Kazakhstan”.
89. The Technical Requirements are issued by the service provider for connections or developing water and wastewater systems given the water and wastewater facilities of a settlement have the sufficient capacity and throughput, in cases listed in clause 15 of this Rules.
89-1. The Technical Requirements issuance procedure for cases provided for by the Construction Rules and Licensing Procedures in Construction approved under the Article 20, Clause 23-14 of the Law “On Architecture, Town Planning and Construction Activity in the Republic of Kazakhstan” is defined by the Rule.
Footnote. The Rules are completed with Clause 89-1 pursuant to the Order of the Minister of National Economy of Kazakhstan as of 02.12.2015, No 751 (it becomes effective after twenty-one calendar days from the day of the first official publication).
90. When technical parameters of a designed facility change, the customer may apply for changing the Technical Requirements within their validity period by filing a written appeal (application) for under the procedure established by the Rules.
91. The water utility services provider can initiate the change in the Technical Requirements within their validity period in case of amendments made to technical regulations with the customer’s consent.
92. The appeal (application) for the Technical Requirements for connection to water and/or wastewater systems shall include:
1) The name and requisites of the customer, activity description;
2) Information on a person authorized by the customer to obtain the Technical Requirements (if required);
3) The intended use of water and sanitation services;
4) Baseline water and wastewater flow data (cubic meters per day, m3/day, cubic meters per hour m3/hour, maximum liters per second, max l/s), of the designed facility broken down by water uses, including firefighting (liters per second, l/s);
5) Materials evidencing the declared volumes of water and sanitation services for industrial use;
6) Parameters of operating facilities the for treatment of industrial wastewater produced by a customer;
7) With water and sanitation services intended for industrial use, parameters of the wastewater discharged and subject to discharge into the water disposal system of a settlement together with the data on:
industrial wastewater volumes and types today and in future;
domestic wastewater volumes and types today and in future;
the composition of the industrial wastewater, the analysis of its parameters (physical, chemical, biochemical, bacteriological, and radioactive) today and in future;
domestic wastewater volumes in outlets;
8) Features of a connection facility (the intended use, height of a building or number of storeys in it, sub-customers).
93. Together with the appeal (application) for the Technical Requirements for connection to the water and/or wastewater systems, the customer submits to the service provider a decision of the local authority to grant a land lot (a permit to use) the land for construction or a decision of the local authority to modify existing facilities (reconstruction, replanning, reequipment).
94. Upon receipt of the written appeal (application), the Service Provider issues the Technical Requirements for connection or improvement of water and wastewater systems within five working days provided the systems have sufficient capacity and throughput or the Provider refuses to issue the Technical Requirements with reasons.
However, the reasons for refusal are as follows:
1) The connection of new objects or increase in existing capacities to deteriorate the quality of services provided to other customers;
2) Incompleteness of the documents specified in clauses 92 and 93 of this Rules.
95. The refusal is issued in writing within five working days.
96. When the capacity of water and/or wastewater systems is insufficient, the service provider issues the Technical Requirements with account of new capacities.
97. The Technical Requirements are prepared taking into account the regulatory and technical requirements imposed by laws, regulations and technical documents of Kazakhstan.
When water and sanitation services are provided by several service providers, every service provider develops and issues the Technical Requirements for connection to the water and wastewater systems being on its balance sheet.
98. The Technical Requirements are valid for the entire normative period of construction fixed in design (design estimate) documentation.
99. The service provider accounts for and registers the issued Technical Requirements. The service provider keeps a copy of the Technical Requirements, the storage life of which is not limited.
100. Connection to the water and wastewater systems is carried out in compliance with the design documents prepared under the Technical Requirements for connection the service provider issues for two working days from the day of receipt of the written appeal (application) for connection accompanied with the following documents:
1) The water and wastewater system construction project preliminary agreed upon with the service provider;
2) The Hidden Works Acceptance Certificate;
3) The Pressure Test Certificate;
4) The Certificate of cleaning and disinfection of water supply systems confirming the negative results of bacteriological analysis of water;
5) As-built survey of the customer’s outdoor water and wastewater networks and facilities in 1:500 scale in soft and hard copies;
6) The Certificate of Delineation of Balance Sheet Attributions of Water Supply and Wastewater Systems;
7) The Water Meter Installation and Sealing Certificate;
8) Certificate of technical readiness of the water and/or wastewater systems of the customer for connection to the water and/or wastewater systems of a settlement and meeting technical requirements of the service provider.