Sub-Decree No. 235 on the Management of Drainage System and Wastewater Treatment System

1 Kingdom of Cambodia Nation Religion King rriss Royal Government of Cambodia N°…………………….. SUB-DECREE On The Management of Drainage and Wastewater Treatment System 6 The Royal Government ­ Having seen the Constitution of the Kingdom of Cambodia ­ Having seen the Royal Decree No. NS/RKT/0913/903 dated 24 September 2013 on the appointment of the Royal Government of Cambodia ­ Having seen the Royal Decree No. NS/RKT/1213/1393 dated 21 December 2013 on the change and complement the composition of the Royal Government of Cambodia ­ Having seen the Royal Decree No. NS/RKT/0416/368 dated 04 April 2016 on the change and complement the composition of the Royal Government of Cambodia ­ Having seen the Preah Reach Kram No. 02/NS/94 dated 20 July 1994, promulgation to use the Law on the Establishment and Implementation of the Council of Ministers ­ Having seen the Preah Reach Kram No. NS/RKM/0196/03 dated 24 January 1996, promulgation to use the Law on the Establishment of the Ministry of Interior ­ Having seen the Preah Reach Kram No. NS/RKM/0196/03 dated 24 January 1996, promulgation to use the Law on the Establishment of the Ministry of Public Works and Transport ­ Having seen the Preah Reach Kram No. NS/RKM/0196/21 dated 24 January 1996, promulgation to use the law on the Establishment of the Ministry of Environment ­ Having seen the Preah Reach Kram No. NS/RKM/1296/36 dated 24 December 1996, promulgation to use the Law on Environment Protection and Natural Resources Management ­ Having seen the Preah Reach Kram No. NS/RKM/0301/05 dated 19 March 2001, promulgation to use the Law on the Management of Commune Administration 2 ­ Having seen the Preah Reach Kram No. NS/RKM/0508/017 dated 13 May 2008, promulgation to use the Law on the Capital, Provinces, Cities, and Districts Administration Management ­ Having seen the Preah Reach Kram No. NS/RKM/0514/008 dated 04 May 2014, promulgation to use the Law on Road ­ Having seen the Sub-Decree No. 109 ANKR dated 19 August 2015 on the Organization and Implementation of the Ministry of Interior ­ Having seen the Sub-Decree No. 216 ANKR dated 13 October 2016 on the Organization and Implementation of the Ministry of Public Works and Transport ­ Having seen the Sub-Decree No. 135 ANKR.BK dated 05 July 2016 on the Organization and Implementation of the Ministry of Environment ­ Having seen the Sub-Decree No. 215 ANKR.BK dated 14 December 2009 on the Functions, Duties, and Work Relationship of the Council, the Board of Governors of Phnom Penh, and Board of Governors of Khans ­ Having seen the Sub-Decree No. 216 ANKR.BK dated 14 December 2009 on the Functions, Duties, and Work Relationship of the Council, the Board of Provincial Governors, Council of Cities Governors, and the Council of the District Governors ­ Having seen the Sub-Decree No. 18 ANKR.BK dated 08 February 2017 on the Establishment of the One Stop Services at the Sub-National Administrative Services ­ Referring to the request from the Ministers of the Ministry of Interior, Ministry of Public Works and Transport, and Ministry of Environment IT IS HEREBY DECIDED Chapter1 General Provisions Article1: This Sub-Decree aims to improve the management of drainage and wastewater treatment system in term of efficiency, transparency, and accountability to ensure safety, public health, and biodiversity conservation. Article2: This Sub-Decree have following goals: Prepare, revise, and enhance the responsibility of Ministries, Institutions, Specialist Units, sub-national administrations, and concerned stakeholders on the improvement of drainage and wastewater treatment system; Transfer of functions on operation and maintenance of drainage and wastewater treatment system to capital, municipal, district, and khan administrations; Determine the key measures to enhance the efficiency and safety in the management of drainage and wastewater treatment system; Enhance public understanding and encourage people participation on the use of drainage and wastewater treatment system services; 3 Encourage the participation of development partners, private sectors to develop or to invest in construction, operation and maintenance of drainage and wastewater treatment system. Article3: The scope of this Sub-Decree applies on the management of drainage and wastewater treatment system in capital, provincial, district, khan and resorts or recreation centers in the Kingdom of Cambodia. This Sub-Decree cannot be applied on the management of industrial liquid-waste. Article4: The terms used in this Sub-Decree has been defined as the following: Wastewater: refers to the water which has been changed its basic elements after using such as household waste, restroom, washing, and wastewater from toilet including urine and stools which released from home, residential buildings, satellite city, business buildings, commercial buildings, services and resorts or recreation center Liquid-waste: refers to the water which contain environmental pollutant substances which released from direct activities or production of businesses, commercials, or services Drainage system: refers to the wastewater collection or discharge network such as connection joints, manholes, piped network (combined system, separated system, main trunk sewer line, trunk sewer line, main service lateral, and service lateral) Combined system: refers to the drainage system which collect both wastewater and storm water Separated system: refers to the drainage system which separated wastewater and storm water from each other Main trunk sewer line: refers to the drainage which connect to the reservoirs, pumping station or wastewater treatment plant Trunk sewer line: refers to the drainage which connect to the main pipe system and receive from sewer pipe Main service lateral: refers to the drainage which connect to main pipe system or sub pipe system. Service lateral: refers to the drainage which connect to sewer pipe and receive from the source of wastewater. Wastewater treatment system: refers to the open canal, reservoirs, pumping station of wastewater or storm water, main pipe system, sub pipe system, technical or natural wastewater treatment plant Natural reservoirs: refers to natural pool, lake, canal, or public pond which used for stock and treatment wastewater in a natural way Centralized wastewater treatment plant: refers to the wastewater treatment facility in town, capital, provinces, cities, districts, or khans. Public water area: refers to the sources of water for public use such as river, stream, pond, sea, irrigation canals, and underground water, etc. Town: refer to urban areas of the capital, provinces, cities, districts, or khans Location: refer to home, cluster residential buildings, residential buildings, business buildings, and satellite cities. Home: refer to private houses. 4 Residential cluster: refer to the residential development area which individual owner of a plot of land (home) within the area has their own responsibility over that plot of land. The investors have no overall responsibility over the area. Borey/Residential Area: refer to the area for residential development which Borey owners / development investors still has overall responsibility over the area Business buildings: refers to guest houses, hotels, restaurants, markets, super markets, commercial buildings, services buildings, slaughter houses, apartments, and condos. Satellite city: refers to mix development areas such as: modern houses, apartments, condos, super markets, hotels, restaurants, commercial buildings, services buildings, and recreational centers etc. Septic tanks: refers to on-site tanks which receive wastewater from toilets and restrooms and stock to breakdown organic waste within the wastewater before discharging into public drainage system Drainage service fee: refers to payment for repairing, maintenances, rehabilitation, and to expand manhole, drain, open canal, reservoir, and process of wastewater pumping station Wastewater treatment service fee: refers to the payment for cleaning wastewater Sludge: refers to the waste from septic tanks or wastewater treatment system Resorts or recreational centers: refer to places for tourism and relaxation which provide food, drink, accommodation, sport, entertainment, and goods etc. Chapter 2 Responsible Institutions Article 5: Ministry of Public Works and Transport is responsible for manage and enhance the technical management of the drainage and wastewater treatment system operation and duties as following: Lead the policy-making, strategy, master plan, and drainage development plan and wastewater treatment system in Cambodia to submit to the Royal Government for consideration and approval; Prepare technical standard on construction, management, operation and maintenance of drainage and wastewater treatment system; Lead the facilitation with concerned ministries/institutions, development partners, and private sectors for the investment in construction of drainage and wastewater treatment system; Support financial resources, means and equipment for sub-national administrations on the management of drainage and wastewater treatment system; Cooperate with concerned ministries/institutions, and sub-national administrations to improve education and to disseminate to the public about the management of drainage and wastewater treatment system accordance to technical standard; Cooperate with Ministry of Environment and stakeholders for capacity development and experience sharing about the management of drainage and wastewater treatment system to sub-nation administrations; Motivate capital, provincial, municipal, and district administrations in operation and maintenance works of the drainage and wastewater treatment system; Coordinate and mobilize fund from development partners, donors, and public sectors to develop drainage and wastewater treatment system; 5 Monitor and evaluate on the implementation of the drainage and wastewater treatment system management. Article 6: Ministry of Environment is responsible for political initiative and set up strategies on wastewater management and for monitoring on the wastewater treatment system process and affluent and duties as following: Prepare policy or strategic plan for water pollution management in public water areas due to wastewater disposal; Prepare Discharge Standard into public drainage system and Effluent Standard of treated wastewater from the wastewater treatment plant; Provide technical consulting on investment proposal to construct wastewater treatment system; Monitor and evaluate on equipment installation, wastewater treatment plant process and affluent discharge; Facilitate with concerned ministries/institutions, development partners, and private sectors for the investment in construction of drainage and wastewater treatment system; Support and cooperate with concerned ministries/institutions, and sub-national administrations to enhance education and to disseminate to public about drainage and wastewater treatment services so that the environmental quality is secured. Article 7: Ministry of Interior is responsible for supporting, coordinating, and promoting the management of the drainage and wastewater treatment system and duties as following: Support and cooperate with concerned ministries/institutions and other stakeholders for capacity development and experience sharing on the management of drainage and wastewater treatment system to sub-national administrations; Coordinate and seek for any supports to sub-national administrations to enhance the efficiency of the management of drainage and wastewater treatment system; Provide interventions on monitoring and evaluating of the management of drainage and wastewater treatment system; Motivate and provide recommendations to capital and provincial administrations, as a supervisor, on the management works of drainage and wastewater treatment system. Article 8: Capital administration shall fulfill its role on the management of drainage and wastewater treatment system within its jurisdiction and its duties as the following: Prepare master plan for development and management of drainage and wastewater treatment system; Prepare the necessary standard specifications and procedures to guide on the implementation of concerned laws and legal documents related to the management of drainage and wastewater treatment system; Prepare and manage on main trunk sewer line, trunk sewer line, and wastewater treatment system services; Monitor on the fee collection of main trunk sewer line, trunk sewer line and wastewater treatment system service; 6 Carry on the construction work, reparation, rehabilitation and maintenance of main trunk sewer line, trunk sewer line and wastewater treatment system; Monitor and evaluate on the works performance of construction work, reparation, rehabilitation and maintenance of drainage system; Promote law and concerned legal documents enforcement related to the management of drainage and wastewater treatment system and penalize on violation; Manage budget and procurement for the maintenance and the development of main trunk sewer line, trunk sewer line and wastewater treatment system; Mobilize funds from development partners, donors, and company to develop drainage system and wastewater treatment system. Article 9: Khan administration shall fulfill its role on the management of main service lateral and service lateral within the jurisdiction and duties as the following: Prepare action plan to carry out the construction work, reparation, rehabilitation, and maintenance of main service lateral and service lateral; Encourage on law and concerned legal documents enforcement related to the management of drainage and wastewater treatment system and penalize on violations; Prepare and manage on main service lateral and service later service fee; Approve request on drainage connection, request on drainage and wastewater treatment system service; Connect sewer pipe from houses to main service lateral and service later charging the set-up service fee; Carry out the construction work, reparation, rehabilitation and maintenance of main service lateral and service later; Implement on the fee collection of drainage and wastewater treatment system service; Manage budget and procurement for the maintenance and the development of main service lateral and service later; Can delegate parts of management work on main service lateral and service lateral to commune administration within its jurisdiction or motivate the participation of commune administration to perform its roles effectively; Mobilize funds from development partners, donors, and private sectors to develop main service lateral and service lateral; Enhance public education to maintenance and promote public participation to use drainage and wastewater treatment system services. Article10: Provincial administration shall fulfill its role to support and push on operation and maintenance of drainage and wastewater treatment system within its jurisdiction and duties as the following: Cooperate to prepare master plan for development and management of drainage and wastewater treatment system in towns, districts; Prepare the key standard specifications and procedures to guide on the implementation of concerned laws and legal documents related to the management of drainage and wastewater treatment system; Facilitate on arrangement of drainage and wastewater treatment system services; Motivate on concerned law and legal documents enforcement related to the management of drainage and wastewater treatment system and penalize on violations; 7 Conduct and facilitate on monitoring and evaluating regarding management of drainage and wastewater treatment system; Mobilize funds from development partners, donors, and private sectors to develop drainage system and wastewater treatment system in towns, districts. Article11: Municipal and district administrations shall fulfill its role on the management of drainage and wastewater treatment system within its jurisdiction and duties as the following: Prepare action plan to carry out the construction work, reparation, rehabilitation, and maintenance of drainage and wastewater treatment system; Promote law and concerned legal documents enforcement related to the management of drainage and wastewater treatment system and penalize on violations; Connect sewer pipe from houses to main service lateral and service later charging the set-up service fee; Prepare and manage on drainage and wastewater treatment system service fee; Approve request on drainage connection, request on drainage and wastewater treatment system service; Carry out the construction work, reparation, rehabilitation and maintenance of drainage and wastewater treatment system; Carry out the fee collection of drainage and wastewater treatment system service; Enhance public education to maintenance and promote public participation to use drainage and wastewater treatment system services; Manage budget and procurement for the maintenance and the development of drainage and wastewater treatment system; Can delegate parts of management work on drainage and wastewater treatment system to commune/sangkat administration within its jurisdiction or motivate the participation of commune administration to perform its roles effectively; Mobilize funds, means and materials for development of drainage and wastewater treatment system. Article12: Provincial Department of Public Works and Transport in cooperation with relevant specialist units shall fulfill its role as a staff of capital, provincial, municipal, district, khan on the management of drainage and wastewater treatment system and duties as the following: Participate to prepare master plan for the management of drainage and wastewater treatment system; Provide technical consultation on proposal of development investment regarding drainage and wastewater treatment system; Review and provide recommendations on the request for drainage connection, drainage and wastewater treatment system services; Encourage on concerned law and legal documents enforcement related to the management of drainage and wastewater treatment system and penalize on violations; Enhance public awareness regarding environmental sanitation by mainstreaming drainage and wastewater treatment services; Prepare mid-term, and annual report about the current status and procedure of drainage and wastewater treatment system management. 8 Article13: Provincial Department of Environment in cooperation with relevant specialist unit shall fulfill its role as representative of on behalf of the capital, provincial, municipal, district, khan on the management of drainage and wastewater treatment system and duties as the following: Participate to prepare master plan for the management of wastewater system and discharging; Provide technical consulting on development proposal regarding wastewater treatment system and discharging; Review and provide recommendations on the request for discharge wastewater from business buildings, residential buildings, satellite cities, and resorts or recreation centers into public drainage or public water areas; Motivate the concerned law and legal documents enforcement related to affluent discharge or water pollution and cooperate for law enforcement on violations; Enhance public awareness regarding environmental sanitation by mainstreaming on wastewater management; Prepare semester and annual report about wastewater management and discharging. Chapter 3 Measures on wastewater management, drainage, and wastewater treatment system Article 14∙ The Effluent Discharge Standard from business buildings, residential buildings, satellite towns and resorts, or recreation facilities into the sewage system that connected to the centralized wastewater treatment plant is stated in Annex 1 of this sub-decree. The Effluent Discharge Standard from business buildings, residential buildings, satellite towns and tourist sites, or recreation facilities that have passed through the on-site wastewater treatment system into public water areas or into sewage systems before overflowing into the public water areas, is set up in the Table in Annex 2 of this sub-decree. Article 15∙ Where necessary to ensure the protection of public health and the conservation of biodiversity of any public water areas, Ministry of Environment can possibly look up and formulate the Effluent Discharge Standard from the business buildings, residential buildings, satellite cities and resorts or recreation areas into public water areas or into sewage systems before overflowing into the public water areas, aside from the standard Table stated in Annex 2 of this sub-decree. Particular Effluent Discharge Standard as specified in the above paragraph shall be determined by a Prakas of the Minister of Ministry of Environment. Article 16∙ Owners of residential and cluster residential buildings are obliged to take responsibility for managing their generated wastewater as follows: ­ Set up a septic tank in accordance with construction permits; ­ Request for connecting sewer pipe to public drainage and pay for service fee; 9 ­ Pay for wastewater treatment plant service fee in case wastewater in urban is conveyed to be treated in wastewater treatment plant. Article 17∙ The owners of business buildings in an urban area that has centralized wastewater treatment plant in place shall responsible for managing theirs accumulated wastewater as follows: ­ Set up communal septic tank in accordance with construction permits; ­ Request for connecting sewer pipes to the public drainage that connect to centralized wastewater treatment plant; ­ Request for permission permit to discharge wastewater into the public drainage that connect to centralized wastewater treatment plant; ­ Pay service fee for drainage usage and wastewater treatment plant. Article 18∙ The owners of a business buildings in an urban area that has no centralized wastewater treatment plant in place shall responsible for managing theirs accumulated wastewater as follows: ­ Set up communal septic tank in accordance with construction permits; ­ Construct on-site wastewater treatment plant to treat accumulated wastewater in accordance with Effluent Discharge Standard, set up in the Table in Annex 2 of this Sub-Decree, before discharging into public drainage or public water areas; ­ Request for connecting sewer pipe to public drainage and pay only for drainage services in case only discharge primarily treated wastewater; ­ Request for approval letter on discharging wastewater into public drainage and waterbody. Article 19∙ Owners of business buildings, tourist sites, resorts or recreation areas located along the seas, rivers, streams, lakes, etc. or on the water surface which obtained legal right of business/business patent shall be responsible for managing accumulated wastewater from theirs on-going business activities as follow: ­ Do not discharge untreated wastewater into public water areas; ­ Prepare communal septic tank for pumping into public drainage or conveying to wastewater treatment plant for further treatment in comply with requirements of local authorities (municipality, district, khan); ­ Construct on-site wastewater treatment plant to treat accumulated wastewater in accordance with Affluent Discharge Standard, set up in the Table in Annex 2 of this Sub-Decree, before discharging into public drainage or public water areas; ­ Request for Approval Letter on discharging primarily treated wastewater into public drainage and water areas. Article 20∙ Owners of the residential buildings and satellite town are obliged to responsible for managing theirs accumulated wastewater as follow: 10 ­ Construct on-site wastewater treatment plant to treat accumulated wastewater in accordance with Affluent Discharge Standard, set up in the Table in Annex 2 of this Sub-Decree, before discharging into public drainage or public water areas; ­ Request for connecting sewer pipe to public drainage and pay only for drainage services in case only discharge primarily treated wastewater; ­ Request for approval letter on discharging wastewater into public drainage and waterbody. Article 21∙ In addition to duties on managing theirs accumulated wastewater as mentioned in the Article 20 of this Sub-Decree, project owners of their new residential buildings and satellite cities are obliged to construct separated system in their projects. Article 22∙ Requesting for connection of sewage network from any site into a public drainage system as stated in the provision of this Sub-Decree shall be authorized by local authority (municipal, district, khan) under technical consulting from: ­ The municipal, district office of Public Works and Transport for the location area less than 30,000 square meters or building area less than 5,000 square meters; ­ Provincial Department of Public Works and Transport for the location area range from 30,000 to 100,000 square meters or building area from 5,000 to 15,000 square meters; ­ Ministry of Public Works and Transport for the location area more than 100,000 square meters or building area more than 15,000 square meters. The service delivery mechanisms related to the connection to the sewage network shall be complied with the Sub-Decree No. 18 ANKR.BK dated on February 8, 2017 on the establishment of the One Window mechanism for administrative services at sub-national administrations. The detailed procedures on requesting for connection of sewers to public drainage systems as prescribed in the regulations of this Sub-Decree shall be determined by a Prakas of the Minister of Ministry of Public Works and Transport. Article 23∙ The requesting of discharge wastewater from a business zone as stated in the provisions of this Sub-Decree must be approved by the capital/provincial administration with recommendations from the capital/provincial Department of Environment. The requesting of discharge wastewater from residential buildings, satellite cities and resorts or recreational centers as prescribed in the provisions of this Sub-Decree must be approved by the capital/provincial administration with recommendations from the capital/provincial Department of Environment and technical consulting from the Ministry of Environment. The service delivery mechanisms related to the requesting of discharge wastewater from residential buildings, satellite cities and resorts or recreational centers shall be complied with the Sub-Decree No. 18 ANKR.BK dated on February 8, 2017 on the establishment of the One Window mechanism for administrative services at sub-national administrations. 11 The detailed procedures on requesting for the affluent discharge permit letter or discharging primarily treated wastewater into public drainage and water areas as prescribed in the provisions of this Sub-Decree shall be determined by a Prakas of the Minister of Ministry of Environment. Article 24∙ The Capital, Provincial, Municipal, District and Khan administrations must take strict measures to: ­ Prevent public land encroachment on sewage systems or construction works that damage sewage system or obstruct the drainage system flow; ­ Prevent public land encroachment on natural reservoirs or fill up natural reservoirs that deplete the storage capacity or wastewater treatment; ­ Study and diverse the urban sewage system, which is directly discharged into the public waterbody, to initially go through the natural reservoir or wastewater treatment plant; ­ Plan and promote the implementation of natural reservoirs rehabilitation to ensure storage capacity and treatment of urban wastewater naturally; ­ Manage and operate the centralized wastewater treatment plant to ensure that the quality of the affluent is comply with the Affluent Discharge Standard as specified in Table of Annex 2 of this Sub-Decree. Article 25∙ It is strictly forbidden to dispose solid wastes, petroleum, chemical residues, sludge from the septic tank or from the industrial wastewater treatment plant directly into the sewage system, public reservoirs or public water areas. Chapter 4 Usage Services of Sewerage and Wastewater Treatment Sytem Article 26∙ Municipal, District, Khan Administrations shall responsible for managing and providing the services of sewerage system within their jurisdiction area with efficiency, transparency, accountability and environmental safeguard. Municipal, District, Khan Administrations can delegate the rights of service providing on sewerage system services to any specialized agencies or private companies. The delegation of the rights of services providing on sewerage service to the private companies must be strictly carried out in accordance with the procurement procedures. Article 27∙ Capital, Municipal, District, Khan Administrations shall responsible for management and duties on providing the services of wastewater treatment system within their domain in terms of efficiency, transparency, accountability and environmental safeguard. 12 Capital, Municipal, District, Khan administrations can delegate the rights of services providing on wastewater treatment services to specialist units or public company. The delegation of the rights of service providing on wastewater treatment service to the private company must be strictly carried out in accordance with the procurement procedures. Article 28∙ The setting up of the procedures, mechanisms and tariff on sewage and wastewater treatment system services shall be determined by the Prakas of inter-ministerial between Ministry of Economy and Finance, Ministry of Public Works and Transport and Ministry of Environment after consulted with the sub-national administration. Article 29∙ The revenues collected from the sewerage system service’s tariff shall be transferred directly into the revenue of Municipal, District, Khan administrations’ account for developing, repairing, rehabilitating or maintenance of sewage system. The revenues collected from the wastewater treatment system’s tariff shall be transferred directly into the revenue of capital, municipal, district, khan administrations’ account for operating, repairing, maintenance of wastewater treatment system, and monitoring the affluent quality. Article 30∙ The Ministry of Economy and Finance shall examine the possibilities to allocate national budget to the sub-national administrations in order to support the management and implementation of drainage and wastewater treatment systems in the capital, municipals, districts, and khans. Chapter 5 Monitoring and Inspection Article 31∙ Provincial Departments of Public Works and Transport and offices of the Public Works and Transport within the municipals, districts, khans shall conduct inspections on the connection works of sewage pipe or sewage network from the site to the proposed public drainage system under the provisions of this Sub-Decree. Article 32∙ Provincial Department of Public Works and Transport, offices of the Public Works and Transport within the municipals, districts, khans, and municipal, district, khan administrations shall conduct inspections on relevant issues such as: ­ Connection of the sewage system to public drainage system without authorized letter; ­ Damages of the public drainage system or damages of the system that affecting the public or private interests; ­ Complaints on clogged or damaged drainage systems. 13 Article 33∙ Provincial Department of Environment shall conduct the inspections, assessments; and recommends on the installation of equipment and operation of centralized wastewater treatment plant, and the on-site wastewater treatment plant and experiment on the treated wastewater samples regularly. Article 34∙ Provincial Department of Environment and municipal, district, khan administrations shall conduct an inspection on relevant issues as: ­ Discharging wastewater from the buildings to the public water areas directly or indirectly without authorized letter; ­ Discharging wastewater from the buildings without primarily treatment system; ­ Complaining or accessing to information about public water areas polluting due to wastewater disposal. Article 35∙ The official responsible for carrying out the monitoring or inspection activities as prescribed in Articles 32, 33, 34 and 35 of this Sub-Decree shall execute the following procedures: ­ Show his/her Identification Cards and Mission Letter when entering the site for monitoring or inspecting, collecting sample and recording; ­ Write Minute or Report at locations where monitoring or inspection took place with a witness’s presence; ­ Interview or require the location owner or person in charge to provide relevant information or documents for composing Minute or Report and for solid evident. ­ Provide a copy of the Minute or Report to the location owner or the person in charge, participant from the relevant institution or unit and keep the original copy for use in the further procedure. Chapter 6 Penalties Article 36∙ Punishment in this Sub-Decree includes: ­ Written warning; ­ Requirement on repairing compensation, or restoring damages of sewage and wastewater treatment system; ­ Requirements on repairing compensation or restoring environmental damages; ­ Transactional fine The implementation of the above punishment is under the jurisdiction of the sub-national administrations, except the requirements on repairing compensation or restoring environmental damages, which is under the jurisdiction of the Minister of Environment. 14 Article 37∙ Those who are dissatisfied with the implementation of the punishment by sub-national administrations in this chapter, have the Right to complain within 30 days counting from the date receiving the Penalty Enforcement Letter to: ­ Minister of Public Works and Transport regarding sewerage pipe connection, sewage or wastewater treatment system service work; ­ Minister of Ministry of Environment regarding request and discharge of wastewater from the site. The Minister of Public Works and Transport and the Minister of Environment shall respond to the complaint within 30 days upon receiving it. Those who are dissatisfied with the decision of the Minister of Public Works and Transport or the Minister of Environment, have the right to file a lawsuit in accordance with the court procedures. Article 38∙ Transactional fine can be applied if the offender confesses and agrees to pay in accordance with the penalization of this Sub-Decree. Transactional fine lead to the dismissal of a prosecution. In case the offender refuses to pay the transactional fine, the competent officer shall file the lawsuit of the violation and submit it to the court in accordance with the procedures. In this case, the transitional fine shall be done in cash. Article 39∙ Procedures for managing the money obtained by the transactional fine about the offensive stated in this Sub-Decree shall be determined by the Prakas of inter-ministerial between Ministry of Interior, Ministry of Economy and Finance, Ministry of Public Works and Transport, Ministry of Environment and Ministry of Justice. Article 40∙ Housing and cluster housing that connect the sewage pipe to the public drainage system without permission as prescribed in the provision of this Sub-Decree shall be subjected to one or more of the following penalties: ­ Written warning; ­ Fine in cash from 10,000 Riels to 100,000 Riels. In case, keep committing the same offensive or not paying the Transactional fine ones shall fine in cash from 50,000 Riels to 200,000 Riels. Article 41∙ Housing and cluster housing that refuse to pay for tariff on drainage and wastewater treatment system service as prescribed in the provision of this Sub-Decree shall be subjected to one or more of the following penalties: ­ Written warning; ­ Fine in cash from 30,000 Riels to 100,000 Riels in addition to previous unpaid amount. 15 In case, keep committing the same offensives or not paying the transactional fine ones shall fine in cash from 50,000 Riels to 200,000 Riels in addition to previous unpaid amount. Article 42∙ Business buildings without proper septic tank or connect sewage pipe to public drainage system or discharge sewage to public drainage or water areas without permission as prescribed in the provision of this Sub-Decree shall be subjected to one or more of the following penalties: ­ Written warning; ­ Fine in cash from 100,000 Riels to 2,000,000 Riels in addition to previous unpaid amount. In case, keep committing the same offensives or not paying the transactional fine ones shall fine in cash from 500,000 Riels to 5,000,000 Riels in addition to previous unpaid amount. Article 43∙ Business buildings, residential buildings or satellite city for which refuse to pay for the drainage system or wastewater treatment system services as prescribed in the provision of this Sub-Decree shall be subjected to one or more of the following penalties: ­ Written warning; ­ Fine in cash from 100,000 Riels to 2,000,000 Riels in addition to previous unpaid amount. In case, keep committing the same offensives or not paying the transactional fine ones shall fine in cash from 500,000 Riels to 5,000,000 Riels in addition to previous unpaid amount. Article 44∙ Business buildings, resort areas or recreational centers in which on-site wastewater treatment plant is not set up or discharge wastewater into sewage system or public water areas as its quality is not comply to the Affluent Discharge Standard as prescribed in the provision of this Sub-Decree shall be subjected to one or more of the following penalties: ­ Written warning; ­ Fine in cash from 200,000 Riels to 5,000,000 Riels. In case, keep committing the same offensives or not paying the transactional fine ones shall fine in cash from 1,000,000 Riels to 10,000,000 Riels. Article 45∙ Business buildings, resort areas or recreational centers along the or at the right of way of public water areas or at the water surface in which communal wastewater interceptor is not set up or discharge wastewater into public waterbody as prescribed in the provision of this Sub Decree shall be subjected to one or more of the following penalties: ­ Written warning; ­ Fine in cash from 500,000 Riels to 5,000,000 Riels. In case, keep committing the same offensives or not paying the transactional fine ones shall fine in cash from 1,000,000 Riels to 10,000,000 Riels. Article 46∙ 16 Residential buildings or satellite city in which on-site wastewater treatment plant is not set up or discharge wastewater into sewage system or public waterbody as its quality is not comply to the Discharge Standard as prescribed in the provision of this Sub-Decree shall be subjected to one or more of the following penalties: ­ Written warning; ­ Fine in cash from 1,000,000 Riels to 10,000,000 Riels. In case, keep committing the same offensives or not paying the transactional fine ones shall fine in cash from 5,000,000 Riels to 15,000,000 Riels. Article 47∙ Residential buildings or satellite city connecting sewage pipe into public sewage system or discharge wastewater into drainage system or public water areas without permission as prescribed in the provision of this Sub-Decree shall be subjected to one or more of the following penalties: ­ Written warning; ­ Fine in cash from 500,000 Riels to 3,000,000 Riels. In case, keep committing the same offensives or not paying the transactional fine ones shall fine in cash from 1,000,000 Riels to 5,000,000 Riels. Article 48∙ Residential buildings or satellite city as a new development project that fail to install sewage and drainage pipe separately in their domain as prescribed in the provision s of this Sub Decree shall be subjected to one or more of the following penalties: ­ Written warning; ­ Fine in cash from 100,000 Riels to 10,000,000 Riels. Article 49∙ Those who cause breakage or damage to sewage system, sewage treatment system or cause damage to centralized wastewater treatment plant equipment or cause disruption of the centralized wastewater treatment process shall be subjected to one or more of the following penalties: ­ Written warning; ­ Fine in cash from 100,000 Riels to 10,000,000 Riels; ­ Compensate on repairing of public sewage system breakages and damages; ­ Compensate on repairing of centralized wastewater treatment plant equipment damages or restore the process of the system. Article 50∙ Individuals who dispose solid waste, petroleum, chemical residues or sludge into drainage or wastewater treatment system shall be subjected to one or more of the following penalties: ­ Written warning; ­ Fine in cash from 50,000 Riels to 5,000,000 Riels; 17 ­ Collect disposed waste or any substances from the public sewage or wastewater treatment system. Chapter 7 Transitional Provisions Article 51∙ Provisions of the Article 21 of this Sub-Decree shall be applied to all residential development project or satellite city project that received Construction Approval after 1 January 2018. Article 52∙ Provisions in Chapter 6 on Penalties shall be applied to any area/location where public services on drainage and wastewater treatment system provided. Areas/Locations where public services of drainage and wastewater treatment system are provided shall be determined by the joined Prakas of both Ministers of the Ministry of Environment and Ministry of Public Works and Transport. Chapter 8 Final Provisions Article 53∙ Any provision contrary to this Sub-Decree shall be considered as null and void. Article 54∙ The Minister in charge of the Office of the Council Ministers, the Minister of Interior, Minister of Public Works and Transport, Minister of Economy and Finance, Minister of Environment, Ministers of all ministries, head of all institutions, councils, and board of governors of the sub-national administrations shall responsible for the implementation of this this Sub Decree within their respective functions commencing from the date of signature. 18 Table of Annex 1 Wastewater Discharge Standard from Business Building, Residential Building, Satellite City and Resorts or Recreational Center to the Sewage System linked to Centralized Wastewater Treatment Plant No. Parameters Unit Permissible Standard Pollutant Level allows for discharging into Sewage System 1 pH - 5 – 9 2 Total Suspended Solid (TSS) mg/l < 150 3 Oil or Grease mg/l < 20 4 BOD5 (5 days at 20 0C) mg/l < 80 5 COD (Cr2O72- ) mg/l < 120 6 Detergents -LAS mg/l < 15 7 Total Nitrate (T-N) mg-N/l < 10 8 Total Phosphor (T-P) mg-P/l < 1 9 Ammonia (NH3) mg/l < 8 Note: BOD: measure the Biochemical Oxygen Demand by the microorganisms to degrade organic appear in the water sample. COD: measure the Chemical Oxygem Demand for oxidate reaction to degrade organics in term of dissolve or particle in the water 19 Table of Annex 2 Wastewater Discharge Standard from Business Building, Residential Building, Satellite City and Resorts or Recreational Center Directly to the Public Waterbody or Sewage System No. Parameters Unit Permissible Standard Pollutant Level allows for discharging into Public Waterbody 1 pH - 6 – 8 2 Total Suspended Solid (TSS) mg/l < 80 3 Oil or Grease mg/l < 5 4 BOD5 (5 days at 20 0C) mg/l < 30 5 COD (Cr2O72- ) mg/l < 50 6 Detergents -LAS mg/l < 7 7 Total Nitrate (T-N) mg-N/l < 6 8 Total Phosphor (T-P) mg-P/l < 0.5 9 Ammonia (NH3) mg/l < 5 10 Coliform MPN/100 ml 500 – 2500 Note: BOD: measure the Biochemical Oxygen Demand by the microorganisms to degrade organic appear in the water sample. COD: measure the Chemical Oxygem Demand for oxidate reaction to degrade organics in term of dissolve or particle in the water