Rules of Use of Water Supply and Water Disposal Systems in Settlements

The Order of the Minister of National Economy of the Republic of Kazakhstan as of 28 February 2015, No 163 registered with the Ministry of Justice of the Republic of Kazakhstan on 9 April 2015, No 10658. In accordance with Clause 5, Article 37-1 of the Water Code of the Republic of Kazakhstan as of 9 July 2003, I ORDER:

22.              To approve the Rules of Use of Water Supply and Water Disposal Systems in Settlements.
2. The Committee for Construction, Housing, Utilities and Land Management of the Ministry of National Economy of the Republic of Kazakhstan shall provide as required by law:
1) The registration of the Order with the Ministry of Justice of the Republic of Kazakhstan;
2) The official publication of the Order in printed periodicals and “Adilet” Legal Information System within ten calendar days after the Order’s registration;
3) Placement of the Order in the Internet resource of the Ministry of National Economy of the Republic of Kazakhstan.
3. Control over the implementation of the Order shall be given to the supervising Vice-Minister of the Ministry of National Economy of the Republic of Kazakhstan.
4. The Order becomes effective ten calendar days after its first official publication.
The Minister Dosaev E.
Approved by the Order of
the Minister of National Economy of
the Republic of Kazakhstan
as of 28 February 2015, No 163.
                                     The Rules of Use of Water Supply and Water Disposal Systems in Settlements
1. General Provisions
1. Current Rules for Use of Water Supply and Water Disposal Systems in Settlements (hereinafter – the “Rules”) are developed in compliance with Clause 5, Article 37-1 of the Water Code of the Republic of Kazakhstan as of 9 July 2003. The Rules determine the procedure for the use of Water Supply and Water Disposal Systems in Settlements (hereinafter the “water and wastewater system”).
2. Terms and definitions used in the Rules:
1) Accident – damage or breakdown of the water and wastewater systems or certain facilities, equipment, installations entailed termination or substantial reduction in water and sanitation services, deterioration of water quality, and the harming of people’s health, environment, and physical assets of individuals and legal entities;
2) Drinking water – natural or treated water provided through water supply systems and intended for the satisfaction of people’s need for drinking and domestic use and for production of food;
3) Inspection well is the last well in the customer wastewater network dug before its connection to the water disposal system to sample and account for the wastewater discharged by a customer;
4) Meter is an instrument with normalized metrological characteristics designed to measure water volume and to reproduce and store a physical unit within a certain time interval, allowed for commercial accounting pursuant to the procedure established by the Law of the Republic of Kazakhstan as of 7 June 2000 “On Assuring the Uniformity of Measurements”;
5) Verification of meters is a set of operations performed by the representative of the Provider with the aim to examine the condition of meters, to assess their conformity to technical requirements, and check the meter readings and a seal intactness in a water meter unit;
6) Sub-customer is an individual or a legal entity owned or otherwise legally operating water supply and water disposal systems connected to the customer water and wastewater networks and making use of the customer’s systems on a contractual basis;
7) The Service Provider (the Provider) is a water and wastewater utility that produces water and treats wastewater as well as uses water and wastewater systems of a settlement for providing customers with water and sanitation services and that exercises technical supervision over customers’ water and wastewater systems, regulates and supervises the development of settlements’ water and wastewater systems as a whole;
8) Local treatment facilities are a set of the customer’s facilities and installations designed to treat the produced wastewater before discharging it into the water disposal system;
9) The operational responsibility boundary is the delineation of water and wastewater system elements (water supply and sewerage networks and facilities) based on the allocation of duties (responsibilities) for operation of the system elements as per the Contract between the Parties.
In the absence of such a contract, the operational responsibility boundary is set as per the balance sheet attribution;
10) Wastewater networks are a system of pipelines, collectors, channels, and relevant structures built to discharge wastewater;
11) Outlet to the wastewater system is a pipe from a building or a facility run till the first well in the water disposal system;
12) Water pipe inlet – a pipeline from the water distribution system, including a well with shut-off valves in a connection point and the first gate valve in the building;
13) Water consumption rate is the amount of water calculated to meet a person’s daily need for water, feed animals of a subsidiary farm or water irrigated area in a certain settlement;
14) Water consumption (wastewater discharge) limit is the maximum volume of water the customer is allowed to consume or discharge for a certain period of time;
15) Water networks are a system of pipelines and relevant facilities designed for water supply;
16) Balance sheet attribution delineation is a boundary delineating elements of water and wastewater system elements among owners based on ownership, economic management or operating management;
17) The Customer is an individual or a legal entity that owns or otherwise legally operates water and wastewater systems connected to the water and wastewater networks of the Provider and making use of them on a contractual basis.
3. Customers are provided with water and sanitation services continuously. The water and sanitation services are limited and regulated under the procedures established in the Water Code of the Republic of Kazakhstan as of 9 July 2003.
4. The people are provided with water supply services in the order of priority and in the required quantity and quality.
5. The customer water and wastewater networks connected to the Provider’s water and wastewater systems with violation of or without the Technical Requirements of the Service Provider are not allowed to be operated. This is also true for water and wastewater networks of the Customer-Legal Entity, which service contract is beyond the deadline as set in Item 9 of these Rules.
6. Water and sanitation service volumes are determined under the Methodology for Calculation of Provided Water and Sanitation Services approved by the Order of the Chairman of the Agency of the Republic of Kazakhstan for Construction, Housing and Communal Services dated 26 September 2011 and registered in the State Registry of Normative Legal Acts as the Act No 7257.
2. Rules of use of water and wastewater systems
Item 1. Rules of provision, restriction, and termination of the water and sanitation services
7. The water and sanitation services are provided on the basis of a standard contract for the provision of water and sanitation services between the Service Provider and the Customer approved under Item 8, Article 7 of the Law of the Republic of Kazakhstan dated 9 July 1998 “On Natural Monopolies and Regulated Markets”.
8. The Service Contract with the Customer-Natural Person is considered valid from the day of the Customer’s connection to the water and wastewater systems of the Provider.
9. The Service Contract with the Customer-Legal Entity is concluded within ten calendar days from commissioning the customer water and wastewater systems provided they meet the Technical Requirements of the Provider.
10. The Service Contract with the Customer-Legal Entity is deemed valid during the entire use by the Customer of the Provider’s water and wastewater systems from the day of commissioning.
11. For the Customer-Legal Entity to enter into the Service Contract with the Provider, the former has to provide the following documents:
The State Commissioning Certificate for an object connected;
Information on sub-customers and their water and wastewater facilities (if available);
Information on water and wastewater volumes of the sub-customers (if available);
Data used for calculation of water and wastewater volumes.
Enterprises using water from the water supply system to produce products, using water for process purposes, and having local treatment facilities along with the requirements stated herein furnish the Provider with the following information:
Design values of the average and maximum permissible concentrations of pollutants in the wastewater before and after the local treatment facilities, at the outlets to the water disposal system;
An explanatory note to justify the quantity and quality of water used and wastewater discharged.
12. Upon the receipt of an application for the service contract from the Customer-Legal Entity and a written notification of change in the customer’s facilities, the Provider carries out the inspection of the Customer’s water and wastewater systems within five working days.
13. When an object owner changes, the customer applies to the Provider for making the service contract within ten calendar days from the day of an ownership registration.
14. The service contract with the Customer-Legal Entity, the Provider accompanies the following documents:
A report on the delineation of operational responsibility between the Provider and the Customer signed by both parties;
Water use calculation made on the basis of inspection of the customer’s facilities;
Calculation of wastewater discharged into water disposal system;
Qualitative composition of wastewater being discharged into the customer’s water disposal system and calculated in line with the Water Code of the Republic of Kazakhstan as of 9 July 2003 and the Environmental Code of the Republic of Kazakhstan as of 9 January 2007.
15. When using water and wastewater systems, it is not allowed:
To pile up various materials and garbage on the water and wastewater networks and installations;
To build permanent and temporary constructions over the water and wastewater networks and installations;
To carry out any works on the water and wastewater networks without prior agreement with the Service Provider;
To leave taps open in indoor water system to let water run continuously;
To cool down equipment with running drinking water;
To water domestic animals, do the laundry, wash cars and household items using public standpipes, to connect pipes and hoses to standpipes and other actions that are contrary to the sanitary requirements of the “Sanitary and epidemiological requirements for water sources, water intake points for household and drinking purposes, domestic and drinking water supply and places of cultural and domestic water use, and safety of water facilities” approved under Clause 6, Article 144 of the Code of the Republic of Kazakhstan “On People’s Health and Healthcare System”;
To connect temporary water lines to hydrants and water risers;
To throw down snow and crushed ice into the water disposal system.
16. Temporary water supply systems are allowed to use for 1 year from the day of connection thereto.
17. When drinking water is used for watering plantations, washing motor roads, passages, streets, areas, and squares under a special water use permit, the watering/washing time, places of connection of watering devices or water draw-off points of customers are determined by the Service Provider.
The watering networks shall be equipped with meters and shut-off valves in connection places.
18. Newly built and repaired water supply systems are allowed to use after their cleaning and disinfection.
19. Wastewater discharged into the water disposal system shall be treated by wastewater treatment facilities of a settlement.
20. Customers’ extensions to dwellings that discharge industrial wastewater are built up with individual wastewater outlets.
21. The connection and commissioning of newly built water and wastewater networks to the water and wastewater systems of a settlement are carried out by the Service Provider or under its technical supervision.
22. Reconstruction of the water and wastewater systems of the Customer is undertaken after getting the Provider’s consent. Within ten working days, the Provider makes relevant changes in the operational responsibility delineation report, the Customer’s water use and discharge calculations.
23. With hydrants and valves installed before water meters and bypass lines in the Customer’s water meter unit, the Provider seals shut-off valves when they are closed.
24. The unsealing of shut-off valves of the bypass line is not permitted without prior consent of the Provider Снятие пломб с запорной арматуры обводной линии, гидрантов и кранов except for fire extinguishing.
25. The Provider conducts scheduled inspection of the customer’s water and wastewater systems and undertakes the analysis of effluents discharged.
Note. 15 days before the scheduled inspection, the Provider informs the Customer of it.
26. The Customer provides the representatives of the Provider with the access for the latter to inspect the water and wastewater systems, water meters and seals on the bypass line, to collect samples from inspection wells as well as to examine and maintain water and wastewater systems in the Customer’s area.
27. The employee of the Provider prepares a report on actions performed and use violations revealed during the inspection of the Customer’s water and wastewater systems. The report is signed by both parties.
If the Customer or its representative refuses to sign the report, it is signed by the employee of the Provider and a representative of the regional office of the State Sanitary and Epidemiological Supervision.
When the Customer (or its representative) refuses to sign reports on denial of access to an employee of the Provider to water and wastewater systems for inspection, water sampling and other legitimate actions, these reports are signed by the employee of the Provider.
28. The Customer shall immediately inform the Provider of all damages and failures in water and wastewater systems within its operational responsibility that may cause the pollution of drinking water and the environment, the water and wastewater systems malfunctioning, and jeopardize the health of people.
29. The Service Provider shall immediately inform the regional office of the State Sanitary and Epidemiological Supervision of the deterioration of water quality in drinking water sources, accidents in the water and wastewater systems within 24 hours.
30. The Provider partially or fully terminates the provision of water and sanitation services with prior notification of the Customer for at least three calendar days in case of:
1) The scheduled maintenance and repair of the water and wastewater systems, disinfection of the water system the Customer is connected to, and connection of newly built water and wastewater systems;
2) Water and sanitation services unpaid in full and on time as stipulated by the service contract under the Law of the Republic of Kazakhstan “On natural monopolies and regulated markets” dated 9 July 1998;
3) unsatisfied technical condition of the water and wastewater systems of the customer and nonobservance of written requirements of the Provider devoted to remedying failures and violations identified.
Partial or full termination of water and sanitation services under terms specified above shall not deteriorate the quality of services being provided to other customers.
31. Water and sanitation services (volumes) terminated under reasons stated in Clause 30 of the Rules are resumed in the day when causes lead to full or partial termination of services are removed.
32. The Provider partially or fully terminates or limits water and sanitation services without warning but with immediate notification of the Customer in case of:
1) Emergency power outage in water and wastewater facilities;
2) Accidents in water and wastewater systems.
33. When the water and sanitation services are terminated under the reasons stated in Clause 32 of the Rules, the Provider shall supply people with water for domestic needs (water trucking) until the services are resumed and provided continuously.
Item 2. The procedure for delineation of operational responsibility when using water and wastewater systems.
34. The Provider and the Customer maintain and ensure the good technical condition of the water and wastewater systems within boundaries of their operational responsibility.
35. The operational responsibility includes,
For the Provider:
Annual scheduled maintenance of the water and wastewater systems;
Preparation of the water and wastewater systems for winter;
Repair and prevention work in the water and wastewater systems;
Accident response and leakage elimination;
Monitoring of the quality of the wastewater discharged into water disposal system;
Measures to reduce failure rate, technical losses, and irrational water use;
Recovery of disturbed amenities after the works carried out in the water and wastewater systems;
For the Customer:
Maintaining good technical condition of the water and wastewater systems;
Ensuring the integrity of the water and wastewater systems;
Preparation of the water and wastewater systems for winter;
Recovery of disturbed amenities after the works carried out in the water and wastewater systems.
36. Within its operational responsibility, the Customer ensures the preparedness of the water and wastewater systems for winter by:
Eliminating all identified and hidden water leaks;
Repairing or replacing damaged sections of water pipes and equipment;
Disconnecting all temporary water supply networks connected in summer;
Preventing water meter units from freezing so that meter readings can be easily taken;
Arranging heat insulation of the water and wastewater facilities;
Winterizing water pressure tanks and pipes laid in attics;
Installing hatches with a double lid or winterizing lids of water meter units and wells with fire hydrants;
Checking the tightness of pipe joints of indoor water and wastewater networks and their repair, auditing and cleaning, winterization of indoor pipelines and outdoor pipelines with negative ambient temperature.
37. A pipeline tie-in to the water and wastewater system of a settlement is the operational responsibility boundary between the water and wastewater systems of the Provider and the Customer that is the owner of an individual dwelling or a legal entity.
38. The boundary of operational responsibility for condominiums are the following elements:
A partition flange at the entry of a pipeline into a building for water supply;
A well at the connection to the wastewater system of a settlement for wastewater disposal.
39. The balance sheet attribution is delineated for condominium facilities by the following elements:
An outer wall of a dwelling (residential building) for water supply;
an outlet near a well in the wastewater system of a settlement for wastewater disposal.
40. Maintaining good technical condition and safety of water and wastewater networks owned by operated by the condominium members is carried out by the management body of the condominium when owners of joint shared property have not registered the condominium.
41. Service contracts for water and wastewater networks, facilities, individual and communal meters are made between customers or management bodies of condominiums and the Service Provider or other parties licensed for providing such services.
42. The condominium’s management body (owners of joint shared property) grants access to the Provider for the Latter to maintain the water and wastewater systems operated by the Provider.

Item 3. Water metering procedure for water and wastewater systems
43. Initial installation of meters is carried out by the Provider or another entity licensed for providing such services under a particular contract entered into with the Customer.
44. Extensions to dwellings (residential buildings) are equipped with meters installed on the balance sheet attribution delineation.
45. The temperature in premises with meters shall be kept above 5оС. These premises are heat insulated and kept free from material assets.
46. A meter is allowed to install only after cleaning the water supply system before a water meter unit.
Technical requirements of a manufacturer shall be followed with account of accuracy class and type of a measuring instrument when installing a meter.
The Provider checks the conformance of the meter installed to technical requirements.
47. The nominal diameter of a meter that the customer shall be equipped with is calculated and agreed by the Provider.
48. Installation and operation of meters with broken integrity or without initial calibration and meters with an expired date of calibration are not allowed.
49. The commercial meter is sealed by a representative of the Provider.
50. The Customer shall immediately inform the Provider of all kind of malfunctions of the meter and breakage of the meter seal.
51. In case of a meter breakage, the Customer shall take care of having the new meter installed.
52. A meter is subject to exceptional calibration if:
there is a need for calibration interval adjustment;
there is a need to confirm that a meter is suitable for use;
a verification stamp, a self-adhesive label or plastic seal is damaged and a document confirming initial or exceptional calibration is missed, including when stored;
meters that have been stored without periodic verification due to the conservation of meters or products with meters are put into operation;
meters and products with meters are conservated again;
meters are to be stored for a long period on the lapse of a half of the calibration interval;
purchase of meters with a half of the calibration interval expired.
53. The Provider checks the accuracy of meters at least once every three months.
54. When checking meters, a representative of the Provider takes the meter readings, checks the availability and integrity of seals on a meter and a valve installed on the bypass line of a water meter unit and other devices sealed by the Provider. © 2012. The Republican State Enterprise with the Right of Economic Management (RSE REM), the Republican Center of Legal Information of the Ministry of Justice of the Republic of Kazakhstan.