Regulation No. 25 on the preservation of rivers and public waters from pollution

i REGULA 'fION No. (25) OF 1967 plR.ESERVATiON OF .RIVERS AND I'UBLIC WATERS FROM POLLUTION In the Nam~ of the People, The Presidency of the Republic, p . In · accordance with Article (2) of the . ubhc Health Law No. (45) of 1958 pursuant to the proposal of the Minister of J-Ieaith and meanings shown thereagainst :~ 1. Health Authority - The Minister of Health or whoever he authorizes. 2. Place - The Public or private place or the factory, the administratio11 or any other national or governmental establish­ ment. Article 2 The following shall be considered as public waters for applying the provisions of this Regulation: 1. All rivers and their tributaries, 2. Streams, brooks) cbannels and ,their main or subordinate branches. 3. Drainage channels and their main and subordinate branches. 4. Lakes. marshes, pools and swamps. 5. Springs, wells and other underground water. 6. Basins and other water reservoirs. Article 3 Waste waters are not permis~ible to be drained from the place to the public waters u nless. by a licence and under speci::i1 instruc­ tions issued by the Health Authority. Article 4 Application for licence shall bQ submitted through a special form issued by the Health Authority with two copies of the location's map and the plan of the process <:>f darining the waste water from the place, and the Health A~t~ority shall consider the •~application w1thm (60) days as from the date pf submitt­ ing it. Article 5 The Health Authority may define the quantity of waste water which may pe drained into the public waters within . the limits provided for in the instrnctions issued by it. Article 6 The place's owner shall be subject to the instructions and orders issued therefor. 30.7.1975 ff"either· the absorbed biological oxygen or the suspended or buoyant substance exceeds tl~e proportion defined in the instructions by 'the Health Authority, provided that the ceiling should not exceed (60) units per million. · 2. If it contains harmful amounts of hydro­ gen sulfide or toxic substance or it contains harmful microbes or substance which may produce toxic substance when interacting with chemical elements which may exist in the public waters. 3. If the jonic concentration of the hydrogen is less than (6) or more than ( 10). 4. If its temperature affect the waters into which they are drained. 5. Any other case defined by the Heal'.h Authority under instructions issued by it. Article 8 l. If it is shown from analysis that the pro­ portions of pollution in the waste waters contravene the proportions provided for in Article (7) of this Regulation, the place's owner shall ,within (3) months as from the date of the registered notifirn.tion is forwarded to him by the Health Autho­ rity, proceed on establishing refinement centres ctpproved by the cited authority. provided that such centres shall be estab­ lished and operated in a duration not exceeding twelve months as from the date of the Health Authority's approval and t\1e owner of the place or factory should follow the instructions issued by the Health Authority for reducing- the harms during the establishment of the refinement centres. 2. If the placeis owner shall not apply the provisions of Para. (1) of this Article, the Health Authorhy is entitled to cease the draining of the waste waters from his place. Article 9 Tf the Health Authority deems that the waste drained by the place in the channels of public waters forms threat to the public health. they should notify the owner of the licensed place or the responsible person through a re 1 gistered letter and ask him to stop draining it until t]1e 11rovision of Articles (7 & 8) of the this Regulation sha1l be apn1ied and the inst­ ructions and orders issued according1y shall be executed. Iraqi Gazette No. ( 31) with the approval"of the 'Cou·ncil of Ministers,' do herey order the promulgation of the following Regulation: Article 1 The followjng expressions shall have the rneanings shown thereagains~ :~ l. Health Authority - The Mjnister of Health or whoever he authorizes. 2. Place - The Public or private place or the factory, the administratiQt1 or any other national or governmental establish­ ment. Article 2 The following shall be considered as public waters for applying the provisions of this Regulation: 1 . All rivers and their tributaries. 2. Streams, brooks, channels and ,their main or subordfoate branches. J. Drainage channels and their main and subordinate branches. 4. Lakes. marshes, pools and swamps. 5. Springs, we11s and other ul)derground water. 6. Basin1. and other water reservoirs. Article 3 Waste waters are not permis&jble to be drained from the place to the pup]k waters u nless. by a licence and under special instruc­ tions issued by the Health Authority. Article 4 Application for licence shall b~ submitted through a special form issued by the Health Authority with two copies of the location's map and the plan of the process qf darining the waste water from the place, and the Health A~t~ority shall consider the ·-ipplication. w1thm (60) days as from the date qf submitt­ ing it. Article 5 The Health Authority may define the quantity of waste water which may pe drained into the public waters within . the limits provided for in the instrnctions issued by it. Article 6 The place's owner shall be subject to the instructions and orders issued therefor. 1 30.7.1975 1. If ·either the absorbed biological oxygen or the suspended or buoyant substance exceeds the proportion defined in the instructions by 'the Health Authority, provided that the ceiling should not exceed (60) units per million. 2. If it contains harmful amounts of hydro­ gen sulfide or toxic substance or it contains harmful microbes or substance which may produce toxic substance when interacting with chemical elements which may-exist in the public waters. 3. If the ionic concentration of the hydrogen is less than (6) or more than { 10). 4. If its temperature affect the waters into which they are drained. 5. Any other case defined by the Health Authority under instructions issued by it. Article 8 I. If it is shown from analysis that the pro­ portions of pollution in the waste water;; contravene the proportions provided for in Article (7) of this Regulation, the place's owner shall ,within (3) months as from the date of the registered notification is forwarded to him by the Health Autho­ rity, proceed on establishing refinement centres approved by the cited authority. provided that such centres shall be estab­ lished and operated in a duration not exceeding twelve months as from the date of the Health Authority's approval and the owner of the place or factory should follow the instructions issued by the Health Authority for reducing the harms during the establishment of the refinement centres. 2. If the place's owner shall not apply the provisions of Para. (1) of this Article, the Health Authority is entitled to cease the draining of the waste waters from his place. Article 9 Tf the Health Authority deems that the waste drained by the place in the channels of public waters forms threat to the public health. they should notify the owner of the licensed place or the responsible person through a re• gistered letter and ask him to stop draining it until t11e provision of Articles (7 & 8) of the this Regulation shall be apolied and the inst­ ructions and orders fasued accordini:rlv sh::i1l Iraqi Gazette No. ( 31 ) tance whether hard or liquid, any kind of garbage or any oth:;r harmful substano,;:;. in any channel of pubiic. waters· or on its foinks. Article 11 Animals, leather, intestines, wool, pollu­ ted clothes or any substance which produce harm to public health may not be washyd ~n public waters. Pissing and relieving nature m such public waters or on their banks is imper­ missible. Article (12) The Hea!th Authority shall have the right to refrain from granting licenc(} of draining the waste water into the public wt1,ters at the areas close to the locations of dri11king water pumping, or close to the public swim­ ming pools, places of fish breeding. or any location assigned by it, if such draining is harmful to the public health. Article (13) TI1e Health Authority shall have the right at any time, to ascertain the application of the provisions of this Regulation and the instmctions issued accordingly. Article (14) Reports of analysis issued by laboratories or jnsWutes defined by the Health Authority according to instructions shall be deemed as reliable for imp·:ementing the provisions of this Regulation. Article (15) Whoever contravenes the prov1s1oqs of this Regulation, the notifications or instruc­ tions issued accordingly shall be punished in accordance with Article (11) of the Public Health Law No. (45} of I 958. Article (16) The Minister of Health may issue instructions and natifications for facilitating the execution of this Regulation and appraise I the amount of waste water and the places of their analysis. Article (17) The provisions concerning of river~ and public waters from pollution shall be deleted from Nuisance Regulations for Street Cleans­ ing the Removal of Refuse, the Abatement of. Nuisance and Prevention of Pollution of Rivers No. 4 of 1935. Article (18) This Regulation sha11 come into force as from the date of its publication in the Official Gazette and its provisions shall be effective on the places established before its promulga­ tion after a duration of (18) months as from lhe: date of its (~xecution. 30.7.1975 Article (19) The Ministers are charged with the e~ecution of this Regulation. Made at Baghdad 8th day of Rabi' al­ Thani of 1387 and the 16th day of July, J 967. The Presidential· Council in Deputation Member, Member, Member, (The Ministers). (Published in ~he Waqai A!-Iraqiya No. 1446 of 2.8.1967).