Order 32/1975 of 26 March 1975 on the protection against flooding

1 32/1975 Coll. GOVERNMENTAL ORDER of the Slovak socialist Republic from the 26th March 1975 on the protection against flooding The Government of the Slovak socialist Republic orders, according to the Article 22 of the Act of the Slovak National Council No. 135/1974 Coll. on state administration in the water management: PART ONE Introductory provisions Article 1 (1) The protection against flooding is the complex of the measures for preceding and avoiding the losses of lives and property of citizens and society, caused by flooding. (2) Under flooding, we understand temporary significant elevation of the water flow level, when there is the emergency of spilling from the channel, or when the water is spilling from the channel and may cause some losses; this adequately apply to internal waters, ice departures and to endangering the security or the stability of water management work. (3) The situation, determined by flooding plans, is being considered for flooding emergency, respectively the situation so marked by forecast flooding service, mainly a) during reaching determined water statement with increasing tendency of the water in the water flow, b) during expected immediate thaw, according to meteorological forecasts, c) during intensive or long-lasting rains. (4) Internal waters are the waters, which appear at the area, protected by water management works (hereafter “protected area”), mainly the waters, which can not outflow in natural way, during increased statement of the water in the recipient. PART TWO Measures for protection against flooding Article 2 Types of measures for protection against flooding Measures for protection against flooding are: a) flooding plans, b) flooding inspections, c) forecast, report and warning flooding service, d) guard service, e) securing jobs and saving jobs. Article 3 Flooding plans (1) The preparation of the protection against flooding is being incorporated into flooding plans, which are being established at all the levels of the water management bodies. Flooding plans contain detail determination of the tasks and obligations of flooding bodies, other bodies and organisations and citizens, during the measures for the protection against flooding. 2 (2) Flooding plans contain the plans of securing jobs and the plans of saving jobs; they consist of text and graphic part. (3) The plans of securing jobs are being elaborated by the administrators of water flows and by the administrators (owners, users) of water management works. The plans of saving jobs are being elaborated by the national committees in consequence to the plans of securing jobs. Also the bodies and the organisations, of which objects might be endangered by the flooding, elaborate the flooding plans. (4) The administrators of water flows significant from water management point of view organise elaborating the plans of securing jobs in their spatial areas; they establish the plans of securing jobs, which consist of the plans of securing jobs of water flows, which they administer, of the plans elaborated by the administrators of other water flows (hereafter “small water flows”) and by the administrators (owners, users) of water management works and other objects on water flows and nearby, which could by endangered in case of emergency; they submit the plans to district national committees, according to spatial classification. (5) Town national committees elaborate the plans of saving jobs and submit them to district national committee. (6) District national committees harmonise submitted plans of securing jobs with the plans of saving jobs, add to them, and approve them as a flooding district plan; they submit approved flooding plans to regional national committee. (7) Regional national committees harmonise flooding plans of district national committees, respectively add to them and approve them; they submit approved flooding plans to the Ministry of Forest and Water Management of the Slovak socialist Republic (hereafter “the Ministry”) and to the Ministry of Interior of the Slovak socialist Republic, which will harmonise them, respectively add to them and then harmonise them from whole flooding point of view. The Ministry submits harmonised, respectively added flooding plans and their amendments to Central flooding commission, which approves them as a complex flooding plan for the Slovak socialist Republic. (8) Approved flooding plans are being checked each year, and are being added and modified, according to the need, so that their amendments and changes could be approved by the end of the year. Article 4 The levels of flooding activity (1) The following levels of flooding activity are being determined in flooding plans: I. level - stage of alertness, II. level - stage of emergency, III. level - stage of danger. (2) The stage of alertness becomes a) after reaching water statement, determined in flooding plan and increasing tendency of the water in the water flow; regularly this is the statement, when the water gets off the channel and reaches the toe of the dike; at the flows, which are not equipped with dikes, when the level of the water elevates, and is coming to the bank line, b) after expected immediate thaw, according to meteorological forecasts, c) when determining internal waters, if the level of the water in surrounding water flows is higher than the level of internal waters. (3) The stage of emergency is being announced 3 a) after reaching water statement, determined in the flooding plan, and increasing tendency of the water in the water flow; at the flows, which are not equipped with the dikes, when the water in the channel reaches the bank line, and has increasing tendency, b) at the beginning of the thaw, if, according to the forecasts, it is possible to expect rapid elevation of the water flows levels, or when expecting departure of the ices, c) when determining internal waters, if by permanent repumping of the water, it is possible to keep maximum level of internal waters, determined by manipulation guidelines. (4) The stage of danger is being announced a) at the water flows, after reaching water statement, determined in flooding plan; during lower statement of the water, if at the water flow, equipped with the dike, the stage of emergency lasts 20 days, or when the dike starts to soak, respectively if other not predicted circumstances appear, which could cause the losses of greater extent; at the water flows, not being equipped with the dikes, if the water gets off the channel and may cause significant losses, b) during departure of the ices, if there is direct danger of formation of the ice barriers, or if the barriers started to form, c) when determining internal waters, if during full usage of the capacity of pumping station and its permanent operation, the water elevates over maximum level, determined in manipulation guideline, d) when the water spills through dikes, or when the dikes brake, and during the flooding, caused by the ice barrier. (5) The stage of alertness stops a) after reaching water statement, determined in flooding plan, if the water in the water flow has decreasing tendency b) at the water flows, not equipped with dikes, if the water decrease under bank line, c) when determining internal waters, if the water level in surrounding water flows is lower than the level of internal waters and internal waters may be withdrawn by the gravity. (6) The stage of emergency and the stage of danger are being recalled, if a) the statement of the water in the water flow decreases under the level, determined in flooding plan, or if the reality, based on which the stage of emergency or the stage of danger were announced, disappear, b) the water, which got poured over the preserved area, is, in great rate, withdrawn to the water flow, and if the necessary technical measures, for avoiding the formation of the losses, has been taken. (7) The stage of emergency and the stage of danger are being announced and recalled a) by town national committee for the area of town, b) by district national committee for the area of several towns of the same district and for the area of the district, c) by regional national committee for the area of several districts of the same region and for the area of the region, d) by Central flooding commission for the area, which overreaches the area of the region, e) by Central flooding commission at border flows, unless it has authorised 4 other flooding body. Article 5 Flooding inspections By flooding inspections, it is being inspected, whether at water flows, at water management works and at other objects at water flows, as well as in preserved and in flooding areas and objects at these areas, are not any insufficiencies, which could cause or increase the danger of the flooding. Flooding inspections are being conducted by flooding bodies, administrators of water flows and administrators (owners, users) of water management works and of other objects, according to flooding plans, at least once a year, regularly, before the period of spring thaw. Article 6 Forecast, report and warning flooding service (1) Forecast flooding service informs flooding bodies, respectively other bodies and organisations, on possibility of formation of flooding and on its further dangerous development, on hydrometeorological elements, decisive for the formation and development of the flooding, mainly on expected water statements or on the flows in selected profiles. This service is being arranged by Hydrometeorological Institute in Bratislava, according to the instructions from the Ministry. (2) Report and warning flooding service warns the citizens on the danger of the flooding in the place of the flooding and in the places, situated down the water flow, warns flooding bodies and other bodies and organisations on the development of flooding situation and passes the news and reports, necessary for its evaluation and managing the measures for the protection against flooding. The Ministry and national committees organise and arrange report and warning flooding service. Article 7 Guard service (1) Guard service monitors the development of flooding situation and seeks for necessities for execution of report and warning flooding service and for managing and co-ordination of the measures for the protection against flooding. (2) The administrators of the water flows, the administrators (owners, users) of the water management works and of the other objects at water flows and nearby, in the access of endangering, and town national committees, according to flooding plans, establish the guard service during the danger of the flooding and during the flooding. Article 8 Securing jobs and saving jobs (1) Securing jobs are technical actions for prevention and protection against the flooding at the water flows, at water management works and at other objects at the water flows, as well as at preserved and flooding areas, including the actions, aimed to harmless departure of the ices in the channels of water flows. During the danger of the flooding and during the flooding it is mainly a) protection of the dikes against beating of waves, soaking, erosion influences, jetting and protection against spilling over the crown of the dike, b) protection of the channel and banks of water flow against disturbing and damaging, c) removing the barriers, which disable smooth water outflow, 5 d) disturbing ice blocks and barriers, e) extra manipulation at water management works, f) closing the dike breakage, g) draining or repumping the internal waters, h) draining or repumping the internal waters, i) building secondary protection flooding lines. (2) Saving jobs are technical measures for saving lives and property during danger of flooding and during flooding, mainly: a) jobs, connected with the protection and evacuation of the citizens from the endangered or flooded areas, as well as care for this citizens (accommodation, food, health service e.t.a.) for necessary needed time, b) the protection and saving of the property (life and death inventory e.t.a.) at these areas, including accidental soon picking up the crop, endangered by flooding. PART THREE The tasks of the national committees during the protection against flooding Article 9 Town national committees Town national committees, as a flooding bodies, in its spatial areas a) elaborate plans of saving jobs and submit them to the district national committee, b) arrange work labours and material tools for the case of flooding, mainly care for necessary equipment of the fire protection units with needed tools and equipment; elaborate the list of these tools and arrange their regular storing and keeping, c) make sure, that management of the businesses and factories, administrators (owners, users) of water management works and of other objects, endangered by flooding, takes the actions for protection against flooding, according to flooding plans, d) organise and arrange report and warning flooding service, mainly warn the citizens in the town on the danger of flooding (by town radio, noise signals e.t.a.), notify neighbouring town national committees and lower situated towns and report the danger of the flooding to district national committee, e) announce and recall the stage of emergency and the stage of danger, f) organise, manage and conduct saving jobs during the danger of flooding and during flooding itself; in the case of necessary need, they require from the organisations and from the citizens to fulfil general obligations, during the protection against flooding, 1) g) arrange evacuation, temporary accommodation and food for evacuated citizens, and according to the possibilities the protection of their property, as well as the return of evacuated citizens; they arrange necessary hygienic and health care, h) arrange accommodation and food for the persons, involved in securing jobs and saving jobs, outside their homes, i) provide the assistance for the administrators of water flows, for the administrators (owners, users) of water management works and of other objects at water flows and nearby, in the access of the danger, with securing jobs during the danger of flooding and during the flooding, if 6 their own powers and equipment are not sufficient, j) provide the assistance to neighbouring towns with saving jobs during the danger of flooding and during the flooding, if their own powers and equipment are not sufficient, k) conduct flooding inspections, l) keep the records in the flooding diary. 1) the Art. 17 of the Act of the Slovak National Council No. 135/1974 Coll. on the State Administration in the Water Management. Article 10 District national committees District national committees, as a flooding bodies in its spatial areas a) monitor, how do town national committees fulfil their tasks with the protection against flooding, b) create and approve flooding plans of the district and submit them to regional national committee, c) arrange work labours and material tools for the case of flooding, mainly care for necessary equipment of the fire protection units with needed tools and equipment; elaborate the list of these tools and arrange their regular storing and keeping, d) organise the training and professional course on flooding saving jobs for relevant workers of town national committees and for the workers of the bodies and organisations in their spatial areas; organise report and warning flooding service and regularly once a year conduct, in co-operation with Hydrometeorological Institute in Bratislava, the seminars on conducting report and warning flooding service, e) announce and recall the stage of emergency and the stage of danger, f) notify, according to the need, other bodies and organisations on danger of flooding and arrange, that they are available, during the danger of flooding, respectively inspect their prepare ability, g) arrange hygienic and health care, emergency supplying of the citizens with drinking water, and sanitation of flooded wells, h) organise, manage and conduct saving jobs during the danger of flooding and during flooding itself; in the case of necessary need, they require from the organisations and from the citizens to fulfil general obligations, during the protection against flooding, i) provide the assistance, after being asked, for the administrators of water flows, for the administrators (owners, users) of water management works and of other objects at water flows and nearby, in the access of the danger, with securing jobs during the danger of flooding and during the flooding, if their own powers and equipment are not sufficient, j) provide the assistance, after being asked, to town national committees with saving jobs during the danger of flooding and during the flooding, if their own powers and equipment are not sufficient, k) assure, in co-operation with relevant telecom administration, that during the danger of flooding, there is, prolonged or permanent telephone and telegraph service established, for the needed time, at relevant post offices and at telephone and telegraph switchboards, l) require, in the case of the danger from delay, the assistance from the units of the Czechoslovak People Army 2) and the assistance from the forces of the Ministry of Interior and, at the same time, they inform on this fact the regional national committee; if there is no danger from delay, they require for this help, through the regional national 7 committee, m) require, during the danger of flooding, during the flooding and during the departure of the ices, through the regional national committee, the approval of the Central flooding commission for meant release of ice blocks, barriers, realised by explosives, and for extra manipulation at water management works, n) conduct flooding inspections, o) keep the records in the flooding diary. 2) the Directive of the Federal Ministry of National Defence No. 6/1974 Coll. on providing military assistance. Article 11 Regional national committees Regional national committees, as a flooding bodies, in their spatial areas a) monitor, how do district national committees fulfil their tasks with the protection against flooding, b) create and approve flooding plans of the region, and submit them to the Ministry and to the Ministry of Interior of the Slovak socialist Republic, c) arrange work labours and material tools for the case of flooding, mainly care for necessary equipment of the fire protection units with needed tools and equipment; elaborate the list of these tools and arrange their regular storing and keeping, d) methodologically direct and control the training and professional course on the protection against flooding, organised by the district national committees, and organise the training and professional course for relevant workers of the district national committees; arrange and manage the organisation of report and warning flooding service, e) announce and recall the stage of emergency and the stage of danger, f) organise and manage saving jobs during the danger of flooding and during flooding itself; in the case of necessary need, they require from the organisations and from the citizens to fulfil general obligations, during the protection against flooding, g) provide the assistance, after being asked, for the administrators of water flows, for the administrators (owners, users) of water management works and of other objects at water flows and nearby, in the access of the danger, with securing jobs during the danger of flooding and during the flooding, if their own powers and equipment are not sufficient, h) provide the assistance, after being asked, to district national committees with saving jobs during the danger of flooding and during the flooding, if their own powers and equipment are not sufficient, j) require, in the case of the danger from delay, the assistance from the units of the Czechoslovak People Army 2) and the help from the forces of the Ministry of Interior and, at the same time, they inform on this fact the Central flooding commission; if there is no danger from delay, they require for this assistance, through the Central flooding commission, k) require, during the danger of flooding, during the flooding and during the departure of the ices, the approval of the Central flooding commission for meant release of the ice blocks, barriers, realised by explosives, and for extra manipulation at water management works, l) conduct flooding inspections, m) concentrate the reports on flooding situation and summary reports of district national committees and regularly submit total report with 8 accidental proposal for necessary measures, to the Central flooding commission, n) keep the records in the flooding diary. Article 12 Flooding commissions of national committees (1) District national committees and regional national committees establish flooding commissions for fulfilling their tasks with the protection against flooding. Town national committees establish flooding commissions, according to the need. (2) The members of the commissions of regional national committees regularly are: the head of the department for the agriculture and forest and water management, the head of the finance department and the head of the transport department of the regional national committee, the chief of the regional inspection of fire protection, the chief of the public security administration, the chief of the regional staff of the civil protection, the representative of the organisation for water flows administration, the representative of the state forests organisation, the representative of the State melioration administration, the chief of regional military administration, regional hygiene representative, respectively representatives of other bodies and organisations. (3) Flooding commissions of district national committees are being formed similarly to flooding commissions of regional national committees. (4) The members of flooding commissions of town national committees regularly are: town secretary and relevant head workers of town national committee, the chief of the fire protection staff, representative of the public security administration, the chairman of the unified agriculture co-op, the representatives of manufacture organisations, respectively of the organisations, which are capable for necessary actions or help with the protection against flooding. (5) The flooding commissions of national committees, according to the need, establish technical staffs, as their expert advisory and execution bodies. PART FOUR The tasks of other bodies, organisations and citizens Article 13 The administrators of water flows and the administrators (owners, users) of water management works (1) The administrators of the water flows and the administrators (owners, users) of water management works a) elaborate, modify and specify securing jobs plans; the administrators of small water flows submit them to the administrator of the water flow, significant from water management point of view, watershed of which the small water flow belongs to, b) arrange work labours and material equipment for securing jobs, according to flooding plans, c) organise and conduct securing jobs at water flows, at water management works and at other objects at the water flows, and nearby, in the access of the danger, which they administer, d) elaborate the list of localities, endangered by the flooding, and the list of the objects at water flows, and nearby, which may increase the danger of flooding or ice barriers (construction objects, as well as benches and bridges, buildings under construction, e.t.a.), 9 e) propose announcing and recalling of the stages of flooding activity to the flooding bodies, f) conduct regular flooding inspections at the water flows, at water management works and at other objects, under their administration, g) conduct regular flooding inspections at the water flows, at water management works and at other objects, under their administration, h) realise extra manipulation at water management works, with the approval and according to the instructions from the Central flooding commission, during the danger of flooding and during the flooding, i) monitor the formation of ice barriers, and purposely disturb and cut the ices, disturb ice barriers, using the explosives, with the agreement, and according to the instructions from the Central flooding commission, j) participate on report and warning flooding service, in co-operation with national committees; at the time, they notify national committees on the danger of flooding, with the aim of preparation for saving jobs, and accidental assistance of the national committees with securing jobs, k) require, in the case of need, the assistance from the forces of the Czechoslovak People Army and from the forces of the Ministry of Interior for securing jobs, through the Central flooding commission, l) conduct the inspections of water flows, water management works, and other objects, under their administration, after the flooding, and submit the report on the result, to the supervision bodies; analyse experience and knowledge from previous flooding and apply them to the specification of the securing jobs plans, m) keep the records in the flooding diary. (2) The administrators of the water flows, significant from water management point of view, co ordinate securing jobs of the administrators of small water flows and of the administrators (owners, users) of water management works and of other objects at the water flows in their spatial areas, and provide them, after being asked, with professional technical assistance and according to their possibilities, also with the material help. (3) The administrators of the water flows, significant from water management point of view, concentrate the reports on flooding situation from the administrators of small water flows, and submit the total reports for their spatial areas, to the Ministry and to the regional national committees. Article 14 The administrators (owners, users) of immovable properties nearby the water flows, and other organisations (1) The administrators (owners, users) of the immovable properties nearby the water flows, are obliged to take the actions, for which they have been imposed by relevant national committee for avoiding or reducing the danger of flooding or harmful impacts of the flooding, if, according to the valid provisions, this is not the obligation of somebody else; they perform securing jobs at the objects under their administration (usage). (2) The investor and supplier of building, respectively of technological part of the construction, everybody in the sphere of his activity, fulfil adequately the tasks of the administrators (owners, users) of water management works, on the buildings under the construction or on its unified parts at the water flow or in flooding areas. Article 15 The administrators (owners, users) of other property at the water flow or in endangered area 10 (1) The administrators (owners, users) of the ships and facilities, determined for the shipping, arrange its protection against flooding on the water flows; they follow the instructions of the state shipping administration body, of the administrator of the water flow and of flooding bodies, while doing that. (2) The administrators (owners, users) of the property in immediately endangered area or in flooded area, arrange its saving, including accidental, soon pickup of the crop. Article 16 Public units of the fire protection Public units of the fire protection fulfil the task, which they have been imposed by supervised national committees as a flooding bodies, during the protection against flooding, mainly managing and realising the actions for saving jobs. They arrange correct keeping, respectively storing of the material equipment, given to them for flooding saving jobs. According to the need, they create the plans of saving jobs, and submit them to their supervised national committees. Article 17 Bodies of the national security staff Flooding bodies require, during the protection against flooding, the assistance of the bodies of the national security staff, mainly for arranging the connection, for protection of the health and lives of citizens, for arranging public order, and for protection of the property. Article 18 The units of the Czechoslovak People Army and of the forces of the Ministry of Interior Central flooding commission, in the case of need, require the assistance from the units of the Czechoslovak People Army and of the forces of the Ministry of Interior, during the protection against flooding; if there is the danger from delay, also the commissions of district national committees and regional national committees require for this assistance. The Ministry co-operates with the units of the Czechoslovak People Army and of the forces of the Ministry of Interior on elaborating their plan of the assistance. Article 19 Citizens, during the execution of the protection against flooding (1) Citizens, involved into the protection against flooding (hereafter “flooding service”) are, based on the flooding plans, obliged to come at determined place, after the challenge, as soon as possible, during flooding activity. (2) The organisations are obliged to provide to workers (members of agriculture organisations) working days off, in the extent, necessary for fulfilling the obligations, related to flooding service. 3) (3) The relevant flooding body will issue the certificate on the time of participation of those citizens, who participated in flooding service, according to flooding plans. Salary compensation for that time and the compensation for the overtime work is provided, or compensated to the organisations, listed in the par. 2, by relevant flooding body or by the organisation, in the frame of which, the flooding service has been realised. 3) the Art. 124 par. 1 of the Labour Code and the Art. 21 par. 1 and 3 of the Governmental Order No. 66/1965 Coll., through which, the Labour Code is being executed. PART FIVE 11 Common, revoking and final provisions Article 20 Using the material equipment, determined for the protection against flooding Material equipment and facilities, determined for the protection against flooding may be used for other purposes, only with the approval of relevant flooding body. The type and the quantity of this equipment and facilities are being determined by supervised bodies, based on the flooding plans, for the administrators of the water flows, for the administrators (owners, users) of water management works and other objects, as well as for the national committees. Article 21 The Order of the Government of the Slovak socialist Republic No. 181/1969 Coll. on the Protection against flooding, in the wording of the Order of the Government of the Slovak socialist Republic No. 26/1971 Coll. is being revoked. Article 22 This Order enters into force on the 1st April, 1975. DR Colotka sign manual