(2023.09.22-ны өдрийн орчуулга)      Unofficial translation

LAW OF MONGOLIA

October 06, 2011                                   Ulaanbaatar city

ON THE UTILIZATION OF URBAN and rural SETTLEMENT'S WATER SUPPLY AND SEWAGE

/Revised edition/

CHAPTER ONE

GENERAL PROVISIONS

Article 1.Purpose of the Law

1.1.The purpose of this Law is to regulate relations connection with owning and utilizing of engineering buildings and facilities with purposes of supplying urban and rural settlement's consumers with clean water that meets the standards requirements, disposing, and treating wastewater from consumption.

Article 2.Legislation on the utilization of urban and rural settlement's water supply and sewage

2.1.The legislation on the utilization of urban and rural settlement's water supply and sewage shall consist of the Constitution of Mongolia, the Civil Code, this Law and other legislative acts enacted in conformity with these laws.

2.2.Relations in connection with the utilizing clean water for the household and industrial purposes shall be regulated by the Law on Water.

Article 3.Definitions of terms of the Law

3.1.The following terms used in this Law shall be interpreted in the following meanings:

3.1.1."centralized water supply" shall mean operations to supply consumers with clean water that meets standard requirements using piping networks and facilities designed for mining, treating, transmitting, and delivering water;

3.1.2."decentralized water supply" shall mean operations to supply consumers with clean water that meets standard requirements by trucking water from wells and water distributing centers;

3.1.3."sewage" shall mean piping network, facility, and wastewater hole designated for discharging wastewater and collecting, disposing, and treating wastewater resulted from consumption;

3.1.4."water supply source facility" shall mean piping network, water reservoir, and pumping house designed for mining, purifying, and collecting water by utilizing ground and surface water;

3.1.5."network" shall mean facility designed for transmitting, and distributing clean water, and discharging wastewater and collecting and disposing wastewater resulted from consumption;

3.1.6."clean water transmitting pipelines" shall mean pipelines from water supply source facility to valve before water transmitting facility and control panel water meter;

3.1.7."clean water distributing pipelines" shall mean pipelines from valve before water transmitting facility and control panel water meter to valve before consumers' water meter;

3.1.8."wastewater outlet pipelines" shall mean pipelines from consumers' equipment to the first main hole of the outside of the building;

3.1.9."wastewater collecting pipelines" shall mean pipelines from the first of the outside of the building to main hole connected to wastewater pipelines;

3.1.10."wastewater disposing pipelines" shall mean pipelines from the hole connected to wastewater collecting pipelines to receiving reservoir of the wastewater treatment plant;

3.1.11."wastewater treatment plant" shall mean complex facility receiving wastewater from wastewater disposing pipelines to treat wastewater;

3.1.12."protection and sanitary zone" shall mean zones specified in sub-paragraphs 3.1.4 and 3.1.5 of the Law on Water;

3.1.13."consumer" shall mean person, legal entity that obtains service of clean water delivery and discharge and disposal of wastewater resulted from consumption;

3.1.14."supplier" shall mean a legal entity with special permit to be provided services on mining, purifying, transmitting, and delivering clean water to consumers, and collecting, discharging and disposing, and treating wastewater from the consumption partially or entirely;

3.1.15."technical terms" mean a technical document prescribing requirements and conditions for connection of new or extended constructions to existing water supply and sewage network;

3.1.16."clean water service charge" shall mean costs related to water mining, purifying, trucking, and distributing operation;

3.1.17."wastewater service charge" shall mean costs related to collecting, discharging and disposing, and treating operation of wastewater;

3.1.18."tariff' shall mean clean, wastewater service charge, or price including one of these adopted and published by the Regulatory Committee in charge of coordinating the utilization and service of the urban and rural settlement's water supply and sewage;

/This sub-paragraph was amended by the law as of December 9, 2022/

3.1.19."grey water" shall mean household wastewater without any discharge;

/This sub-paragraph was modified by the law as of December 9, 2022/

3.1.20."waste water" shall mean the liquid waste generated by the household, industrial, and service activities of the population, or arisen by the drainage of rainwater from the respective territory;

/This sub-paragraph was added by the law as of December 9, 2022/

3.1.21."surface water" shall mean the water to be disposed directly from the soil or from the outside surface of buildings into wastewater disposing channels or sewage systems due to rainwater that does not penetrate into the soil;

/This sub-paragraph was added by the law as of December 9, 2022/

3.1.22."sludge" shall mean a mixture of water and solid impurities extracted from various types of waste water by simple or mechanical means;

/This sub-paragraph was added by the law as of December 9, 2022/

3.1.23."indexation" shall mean to calculate and regulate depending on the actual changes in the main factors of the cost of clean and wastewater operations.

/This sub-paragraph was added by the law as of December 9, 2022/

CHAPTER TWO

POWERS OF STATE BODIES ON URBAN AND RURAL SETTLEMENT'S WATER SUPPLY AND SEWAGE

Article 4.Powers of the Government

4.1.The Government shall exercise the following powers on urban and rural settlement's water supply and sewage:

4.1.1.to supply urban and rural settlement consumers with safe drinking water and clean water meeting standard requirements, and dispose and treat wastewater resulted from the consumption, determine state policy on water supply and sewage, and monitor the implementation thereof;

4.1.2.to adopt charter of Regulatory Committee with functions of regulating the utilization and service of the urban and rural settlement's water supply and sewage;

/This sub-paragraph was amended by the law as of December 9, 2022/

4.1.3.to coordinate and regulate operation of state central administrative body and state administrative body in charge of water, urban and rural settlement's water supply and sewage matters;

4.1.4.other powers stipulated by law.

Article 5.Powers of the state central administrative body in charge of urban and rural settlement's water supply and sewage

5.1.The state central administrative body in charge of urban and rural settlement's water supply and sewage shall exercise the following powers:

5.1.1.to approve norms, rules, general procedures, and guidelines of the utilization of urban and rural settlement's water supply and sewage, and monitor the standards;

5.1.2.as specified in sub-paragraph 10.1.4 of Article 10 of the Law on Water, to ensure the implementation of approved ecological and economic assessment of surface and ground water at the administrative and territorial level of Mongolia;

5.1.3.to execute the principal's responsibility of state property buildings and facility of urban and rural settlement's water supply and sewage as specified in Law on Construction and other related legislation;

5.1.4.to develop state policy on urban and rural settlement's water supply and sewage in consistent with water consumption tendency, water reserves, and potential reserve for utilization, and water management plan;

5.1.5.to adopt procedures on water supply in case of disaster or danger;

/This sub-paragraph was amended by the law as of February 2, 2017/

5.1.6.to adopt and ensure the implementation of norm, rules, and procedures regarding to re-using industry's technological consumption water;

5.1.7.to adopt and ensure the implementation of norm, rules, and procedures on hot and cold water consumption and sewage of organization providing tourist service;

5.1.8.to develop a policy on surface and soil water drainage systems, and approve relevant rules and procedures;

/This sub-paragraph was added by the law as of December 9, 2022/

5.1.9.to approve procedures on transporting, processing, utilizing, and disposing of sludge, the safety rules and instructions thereof jointly with the Cabinet member in charge of environmental matters;

/This sub-paragraph was added by the law as of December 9, 2022/

5.1.10.other powers provided by legislation.

/The numbering of this sub-paragraph was amended by the law as of December 9, 2022/

Article 6.Powers of the state administrative body in charge of urban and rural settlement's water supply and sewage matters

6.1.The state administrative body in charge of urban and rural settlement's water supply and sewage matters shall exercise the following powers:

6.1.1.to implement legislation and decisions of higher level organizations on the utilization of urban and rural settlement's water supply and sewage;

6.1.2.to develop project and programs proposal and organize implementation of the project and programs on improving utilization and service of urban and rural settlement's water supply and sewage, rehabilitating and expanding technology;

6.1.3.to provide local organization in charge of urban and rural settlement's water supply and sewage with professional and methodological management;

6.1.4.to establish database on urban and rural settlement's water supply and sewage, conduct normal operation of the database, and provide related organizations with information;

6.1.5.to plan projects to be implemented through public-private partnerships, to submit project proposals to relevant organizations, and to monitor the implementation of public-private partnership agreements in accordance with the Law on Public-Private Partnerships concerning the urban and rural settlement's water supply and sewage;

/This sub-paragraph was added by the law as of December 9, 2022 and shall enter into force on December 31, 2023/

6.1.6.other powers stipulated by legislation.

/The numbering of this sub-paragraph was amended by the law as of December 9, 2022 and it shall enter into force on December 31, 2023/

Article 7.Powers of the Citizens' Representatives' Khurals of the Aimag and Capital city

7.1.The Citizens' Representatives' Khurals of the Aimag and Capital city shall exercise the following powers regarding the utilization of urban and rural settlement's water supply and sewage:

7.1.1.to develop a policy to develop water supply and sewage within local level, monitor their implementation, and discuss Governor's report on this issue and give comment;

7.1.2.to establish protection and hygiene zones for drinking water sources and piping networks within the territory;

7.1.3.other powers provided by legislation.

Article 8.Powers of Governors of aimags, soums, and the Capital city

/The title of this article was amended by the law as of April 22, 2022/

8.1.Governors of aimags, soums, and the Capital city shall exercise the following powers concerning the utilization of urban and rural settlement's water supply and sewage:

/This paragraph was amended by the law as of April 22, 2022/

8.1.1.to organize the implementation of legislation on utilization of urban and rural settlement's water supply and sewage, and policy and decision made by competent authority in conformity with the legislation at the local level;

8.1.2.to develop project and program on planning water supply, sewage, and surface water drainage facilities at the respective territory, get approval, and ensure the implementation thereof;

/This sub-paragraph was modified by the law as of December 9, 2022/

8.1.3.to perform the principal's responsibility of local property buildings and facility of water supply and sewage according to Law on Construction and other related legislation;

8.1.4.to appoint and release a person specialized in the field of water supply and sewage to the management of locally owned business entities and organizations operating in that field based on the proposal of the state central administrative body in charge of urban and rural settlement's water supply and sewage matters;

/This sub-paragraph was added by the law as of December 9, 2022/

8.1.5.to ensure the safety of drinking and household consumption water, and to enforce sanitary facility standards;

/This sub-paragraph was added by the law as of December 9, 2022/

8.1.6.to evacuate buildings, facilities, and households locating in the protective strip of the clean and waste water piping network in the respective territory, and take measures to prevent these violations from occurring;

/This sub-paragraph was added by the law as of December 9, 2022/

8.1.7.to organize work to reduce the number of pit latrines;

/This sub-paragraph was added by the law as of December 9, 2022/

8.1.8.other powers stipulated by legislation.

/The numbering of this sub-paragraph was amended by the law as of December 9, 2022/

8.2.The Governor of Soum shall form the water supply, sewage and engineering infrastructure network in accordance with the general development plan and urban development documents of the respective soum, and organize the utilization and services in cooperation with relevant professional organizations.

/This paragraph was added by the law as of April 22, 2022/

CHAPTER THREE

REGULATORY COMMITTEE IN CHARGE OF UTILIZATION AND SERVICES OF URBAN AND RURAL SETTLEMENT'S WATER SUPPLY AND SEWAGE

/The title of this Charter was amended by the law as of December 09, 2022/

Article 9.Structure of the Regulatory Committee in charge of utilization and services of urban and rural settlement's water supply and sewage

/The title of this article was amended by the law as of December 9, 2022/

9.1.The Regulatory Committee in charge of utilization and services of urban and rural settlement's water supply and sewage /hereinafter referred to as the "Regulatory Committee" shall have the functions to determine water service charges and tariffs on utilization and service of water supply and sewage in the given territory, to issue special permits to legal entities, and issue professional opinions and decisions.

/This paragraph was amended by the law as of December 9, 2022/

9.2.The Regulatory Committee shall consist of a chairman and the following four non-vacant members:

/This paragraph was amended by the law as of December 9, 2022/

9.2.1.two representatives of the consumers;

9.2.2.two people from professional non-governmental organizations of the respective sector.

9.3.The chairman and members of the Regulatory Committee shall be appointed by the Prime Minister based on the proposal of the Cabinet member in charge of urban and rural settlement's water supply and sewage matters.

/This paragraph was amended by the law as of December 9, 2022/

9.4.The term of office of the chairman and members of the Regulatory Committee shall be 6 years. The first appointments of the members of the Regulatory Committee shall have 2, 4, 6 years of term of office, and further appointments shall be made for a period of 6 years, and the term of appointment may be extended once.

/This paragraph was amended by the law as of December 9, 2022/

9.5.A citizen of Mongolia who has at least 5 years of work experience in one of the professions of water supply, heat supply, and sewage engineer, urban planning economist, or construction economist shall be appointed as the chairman and member of the Regulatory Committee.

/This paragraph was amended by the law as of December 9, 2022/

9.6.The chairman and member of the Regulatory Committee shall not have common interests with citizens or legal entities engaging in urban and rural settlement's water supply and sewage activities.

/This paragraph was amended by the law as of December 9, 2022/

9.7.The Regulatory Committee shall have an office.

/This paragraph was amended by the law as of December 9, 2022/

9.8.The Regulatory Committee shall be financed from the fees for regulatory and price and tariff review and verification services provided to the special permit holders specified in Article 12 of this Law, and from training, research, and information income.

/This paragraph was amended by the law as of December 9, 2022/

9.9.The internal procedures of the Regulatory Committee shall be approved by the Chairman of the Regulatory Committee.

/This paragraph was amended by the law as of December 9, 2022/

9.10.The Regulatory Committee shall approve the operating budget for the given year per annum, and report the work report and budget performance to the state central administrative body in charge of water supply and sewage matters and special permit holders.

/This paragraph was modified by the law as of December 9, 2022/

9.11.The Regulatory Committee shall audit its financial statements per annum and report them to the public.

/This paragraph was amended by the law as of December 9, 2022/

9.12.In the following cases, the powers of the chairman and member of the Regulatory Committee shall be terminated before the period specified in paragraph 9.4 of this Law:

/This paragraph was amended by the law as of December 9, 2022/

9.12.1.if passed away;

9.12.2.if submitted request to be released from the position;

9.12.3.if according to the his/her own acceptance, he/she is chosen or appointed to other position;

9.12.4.if attended in a training for more than one-year period or not able to work due to health condition;

9.12.5.if committed in criminal activity is proved and court decision becomes valid; 9.12.6.if reached an age of retirement specified in the law;

9.12.7.on other grounds provided by law.

9.13.The Regulatory Committee shall discuss issues to be resolved within its powers at the committee meeting, and the decision of the Regulatory Committee meeting shall be in the form of a resolution.

/This paragraph was amended by the law as of December 9, 2022/

9.14.The decision of the Regulatory Committee shall be complied with by the special permit holders and consumers.

/This paragraph was amended by the law as of December 9, 2022/

9.15.State inspectors of urban and rural settlement's water supply and sewage shall work in the Regulatory Committee. The rights of the State Inspector shall be granted in accordance with paragraph 10.5 of the Law on State Inspection.

/This paragraph was added by the law as of December 12, 2019/

/This paragraph was amended by the law as of November 11, 2022/

/This paragraph was amended by the law as of December 9, 2022/

Article 10.Powers of the Regulatory Committee

/The title of this article was amended by the law as of December 9, 2022/

10.1.The Regulatory Committee shall exercise the following powers:

/This paragraph was amended by the law as of December 9, 2022/

10.1.1.to determine the tariff structure for clean and waste water services, review and approve the methodology on setting tariffs, the procedures for calculating charges, the tariffs for clean and waste water services, publish them, and implement indexation;

/This sub-paragraph was modified by the law as of December 9, 2022/

10.1.2.to determine the amount of depreciation and amortization premiums for fixed assets specified in sub-paragraph 15.1.11 of this Law;

10.1.3.to make a decision to grant, extend, suspend, or revoke the special permit specified in Article 12 of this Law, and register it in the integrated database of permits in accordance with paragraph 3 of Article 7.1 of the Law on Permits;

/This sub-paragraph was amended by the law as of January 6, 2023/

10.1.4.to set conditions and requirements of the special permit and monitor its implementation;

10.1.5.to resolve disputes arisen between permit holders and between permit holders and consumers within its jurisdiction;

10.1.6.to make a decision on whether or not to consent to make the respective change by special permit holder if its reorganization, and renovation of the facility, piping network, equipment, and other assets required for the normal operation of the activities specified in the special permit as well as the pledge of the assets may affect the operations specified in the special permit;

10.1.7.to establish integrated database on operation, human resources, technics and technology, and economic indicators specified in the special permit, and to enforce special permit holders to provide related information;

10.1.8.to adopt business communication rules;

10.1.9.to approve and implement the methodology for calculating fees for regulatory services;

/This sub-paragraph was added by the law as of December 9, 2022/

10.1.10.to determine the amount of payment for the supply of surface and ground water to the sewage system;

/This sub-paragraph was added by the law as of December 9, 2022/

10.1.11.to approve procedures on payment settlement to be made between suppliers and piping network possessors in the case of delivering clean water, and discharging and disposing the waste water from consumption through pipelines and pumping stations being possessed by others;

/This sub-paragraph was added by the law as of December 9, 2022/

10.1.12.to approve the procedure for determining the scope of service of the supplier specified in sub-paragraph 3.1.14 of this Law;

/This sub-paragraph was added by the law as of December 9, 2022/

10.1.13.to approve the procedure for granting technical conditions.

/The numbering of this sub-paragraph was amended by the law as of December 9, 2022/

10.2.The Regulatory Committee shall adhere to the following principles when reviewing and approving tariffs of the services to be rendered by the permit holder:

/This paragraph was amended by the law as of December 9, 2022/

10.2.1.to follow the lowest cost principle in conformity with technological safe operation requirements in operations of mining, purifying, transmitting, distributing, trucking, wastewater outlet piping, wastewater collecting, disposing, discharging, and treating;

10.2.2.expenses and investment yield that are required to operate according to special permit shall be assessed;

10.2.3.tariff structure shall be clear and simple to consumers;

10.2.4.as specified in paragraph 6.1 of Article 5 of the Law on Competition, to be based on actual cost and expenses of the operation.

10.3.The policy of bringing the service tariff for supplying the population with clean water at the same level in the respective urban and rural settlement shall be implemented by step by step.

CHAPTER FOUR

TECHNICAL TERMS AND SPECIAL PERMITS

Article 11.Technical terms

11.1.The following requirements shall be included in the technical terms:

11.1.1.piping network diameter scale of connecting point where certain buildings and facilities are connected, underground depth of the hole, and water pressure scale;

11.1.2.accepted composition scale of clean and wastewater, condition to supply clean and wastewater to piping network;

11.1.3.efficient consumption of clean water, availability to connect other consumers;

11.1.4.availability to collect, accumulate, treat, and re-use grey water in drawings of newly constructed buildings and facilities.

11.2. Based on the principal and investor request, the supplier shall issue technical terms according to the standards approved in accordance with paragraph 9.1 of the Law on Standardization, Technical Regulation, and Conformity Assessment Accreditation.

/This paragraph was amended by the law as of December 21, 2017/

11.3.If the technical terms are changed, the supplier shall inform the principal and investor and amend or renew the technical terms.

11.4.It shall be prohibited to violate the requirements specified in the technical terms.

11.5.In the technical terms, the owner and possessor of the pipelines points to be connected with customer shall be specified.

Article 12.Special permit and its classification

12.1.The construction of new urban and rural settlement's water supply and sewage, as well as their utilization, repair and maintenance, and service shall be performed by a legal entity with a special permit issued by the Regulatory Committee.

/This paragraph was amended by the law as of December 9, 2022/

12.2.A special permit shall be granted for the following activities specified in paragraph 12.1 of this Law:

12.2.1.operation, repair and maintenance, and service of facility of urban and rural settlement's water supply source;

12.2.2.operation, repair and maintenance, and service of facility of water mining and purifying;

12.2.3.operation, repair and maintenance, and service of piping network transmitting clean water;

12.2.4.operation, repair and maintenance, and service of piping network distributing clean water;

12.2.5.operation, repair and maintenance, and service of indoor piping networks of clean and waste water;

12.2.6.operation, repair and maintenance, and service of water transmitting center;

12.2.7.operation, repair and maintenance, and service of the wastewater outlet pipelines;

12.2.8.operation, repair and maintenance, and service of wastewater collecting piping network;

12.2.9.operation, repair and maintenance, and service of wastewater discharging and disposing piping network;

12.2.10.operation, repair and maintenance, and service of wastewater treatment facility;

12.2.11.service to conduct test and adjustment in water supply and sewage equipment;

12.2.12.operation, repair and maintenance, and service of urban and rural settlement's water distributing building;

12.2.13.trucking water supply service;

12.2.14.service to transport wastewater by specific purpose car.

12.3.Relations in connection with the issuance, suspension, or revocation of special permits specified in Paragraph 12.1 of this Law shall be regulated in accordance with the Law on Permits.

/This paragraph was amended by the law as of June 17, 2022/

CHAPTER FIVE

SUPPLIER AND CONSUMER RELATIONS

Article 13.Contract

13.1.The relations between the supplier and the consumer in connection with the utilization and service of water supply and sewage shall be governed by this Law and the contract to supply clean water and dispose wastewater resulted from consumption /hereinafter referred to as the "contract"/.

13.2.Supplier shall make a contract with consumer according to business communication rules approved by the Regulatory Committee.

/This paragraph was amended by the law as of December 9, 2022/

13.3.The contract specified in the paragraph 13.2 of this Law shall specify quantity, quality, and composition of clean water supply and disposing wastewater, contract assessment term, terms of payment, rights and obligations of the parties, procedures to assess damage, and other necessary issues.

13.4.Supplier shall notify consumers or publish in mass media information about changes in tariffs no later than 30 days prior to the date when these changes become effective and about planned maintenance that clean water supply operation will be cut off temporarily.

13.5.Supplier shall not have a right to refuse to make a contract to supply clean water and dispose wastewater resulted from consumption without any reasonable justification.

Article 14.Rights and obligations of the supplier

14.1.Supplier shall have the following rights:

14.1.1.to examine consumer's piping network and equipment, and give guidance and advice;

14.1.2.to terminate a contract if the consumer fails to fulfill obligations specified in the contract, and to enforce the consumer to compensate the damage.

14.2.Supplier shall have the following obligations:

14.2.1.to supply consumers with clean water meeting quantity, quality and standard requirements specified in the contract, and dispose and discharge wastewater resulted from consumption, treat wastewater according to technology, and monitor quality and safety requirements;

14.2.2.unless otherwise provided in the law and contract, to install equipment designed to supply clean water and dispose wastewater resulted from consumption, conduct testing and adjustment, and provide safety operation guidelines and advices;

14.2.3.to comply with legislation, norm, standard, rules, and guidelines on utilization of water supply and sewage in operation;

14.2.4.within specified period, to conduct repair, maintenance, and rehabilitation according to technology standard in engineering facility, piping network, and equipment that are utilized and owned by the supplier;

14.2.5.to inform consumers about unexpected accidents and preventive maintenance service, and take required actions;

14.2.6.to develop service tariff determining proposal, to submit it to Regulatory Committee for approval, and to comply with it;

/This sub-paragraph was amended by the law as of December 9, 2022/

14.3.Supplier shall be prohibited from restricting consumer rights by imposing conditions and requirements not specified in legislation and the contract and refusing to provide technical terms specified in Article 11 of this Law without any justification.

14.4.Supplier shall issue technical terms to connect new buildings based on assessment of piping network and equipment capacity.

14.5.Supplier shall take required actions to clear violations resulted from industrial accident, assets damage, and technical flaw.

Article 15.Rights and obligations of the consumer

15.1.Consumer shall have the following rights and obligations:

15.1.1.according to the contract specified in Article 13 of this Law, to obtain clean water supply, dispose and discharge wastewater resulted from consumption to supplier's piping network, and use grey water;

15.1.2.to follow all terms regarding to obtaining clean water supply and disposal waste water resulted from consumption specified in the contract;

15.1.3.to pay the supplier for obtaining clean water supply and waste water disposal service in due time specified in the contract;

15.1.4.to refuse to pay the service bill fully or partially and claim compensation for damages incurred if the supplier fails to perform the obligations under the contract properly;

15.1.5.to comply with legislation, norm, standard, technical and safety operation rules, and guidelines on utilization of water supply and sewage in the operation;

15.1.6.to provide possibilities for supplier's representatives to perform their duties specified in sub-paragraph 14.1.1 of this Law;

15.1.7.to obtain technical terms from the supplier on clean water supply, disposal of wastewater resulted from the consumption, and utilization of grey water;

15.1.8.to take responsibility for completeness, maintenance and service of piping network and equipment belonging to consumer's possession;

15.1.9.if able, to perform required maintenance for equipment and piping network resulted from failure otherwise to be performed maintenance by the supplier and pay the maintenance costs;

15.1.10.to connect other consumers from own pipes according to the technical terms, permission, and approved drawing provided from the supplier;

15.1.11.to take asset depreciation and amortization premiums of the fixed asset approved by the Regulatory Committee from the supplier if the consumer is connecting other consumers from own pipes to supply clean water and dispose waste water resulted from their consumption as specified in sub-paragraph 15.1.10 of this Law;

/This sub-paragraph was amended by the law as of December 9, 2022/

15.1.12.to inform the supplier about happened failures and possible failures that can be occurred in own piping network and equipment, to take required actions and be responsible for the completeness of water meters and measuring devices;

15.1.13.to pay water consumption bill based on the amount specified in Article 20 of this Law;

/This sub-paragraph was modified by the law as of December 9, 2022/

Article 16.Conditions for restricting and stopping clean water consumption and disposition of waste water resulted from consumption

16.1.In the following conditions, the supplier may restrict the operation of consumption of clean water and disposition of waste water resulted from the consumption without prior notice to the consumer:

16.1.1.unexpected electrical interruption is occurred in facility of water supply source;

16.1.2.needed to increase water quantity due to unexpected or force  majeure special situation;

16.1.3.severe failure occurred in water supply and sewage piping network, and facility.

16.2.In the following conditions, the supplier shall take measures to restrict or stop the operation of consumption of clean water and disposition of waste water resulted from consumption, based on the prior notification to consumers:

16.2.1.circumstances emerged that may lead to threats to human health and environment;

16.2.2.to perform scheduled routine and overhaul maintenance in water supply and sewage piping network;

16.2.3.clean water loss, failure to piping network and equipment were not repaired within the specified time;

16.2.4.connected to water supply facility and sewage piping network without supplier's permission;

16.2.5.changed water meter seal, location, and connection without supplier's permission;

16.2.6.supplied wastewater with composition not meeting approved scale specified in paragraph 18.1 of this Law.

CHAPTER SIX

UTILIZATION AND OWNERSHIP OF WATER SUPPLY AND SEWAGE FACILITY AND PIPING NETWORKS

Article 17.Water supply and sewage

17.1.Protection of water supply sources belonging to the extremely special object of the state shall be carried out by the domestic soldiers, and other water supply sources shall be under simple protection.

/This paragraph was amended by the law as of January 16, 2014/

/This paragraph was amended by the law as of February 9, 2017/

17.2.Centralized and decentralized water supply source shall have protection and sanitary zone, and their regime shall be determined as specified in paragraphs 31.3 and 31.4 of the Law on Water.

17.3.Governors of aimag, soum, the Capital city, and district, and competent authority to conduct inspection shall monitor and ensure the compliance with regime on protection and sanitary zone of water supply source.

/This paragraph was amended by the law as of April 22, 2022/

/This paragraph was amended by the law as of November 11, 2022/

17.4.Based on the proposals of Governors of aimag, soum, the Capital city, and district, the protection and sanitation zones of water supply sources specified in this Law and other relevant legislation shall be established and ensured the implementation by the Citizens' Representatives' Khural at that level as follows:

/This paragraph was amended by the law as of April 22, 2022/

17.4.1.to determine sanitation zone not less than 50m distance and protection zone not less than 200m distance for urban and rural settlement's decentralized water supply source /well/;

17.4.2.normal protection and sanitation zone of centralized water supply source shall be determined according to paragraph 31.3 of the Law on Water;

17.4.3.protection zone shall be determined not less than 500m away based on state inspector in charge of urban and rural settlement's water supply and sewage if using the water of the well /directly nurtured by flow/ in centralized water source;

/This sub-paragraph was amended by the law as of November 11, 2022/

17.4.4.If stream is used for centralized water supply source, protection and sanitation zone regime shall be determined according to paragraph 31.4 of the Law on Water by taking into account of the ground soil, rock formations, and stream flow of the certain place.

17.5.Protection zone of national and aimag level cities may set by including water source nurturing zone and water accumulating area of rivers and lakes that have hydraulic connection with the nurturing zone.

17.6.Protection zone shall be set in two directions 5m away from axis of transmitting and distributing pipelines of centralized water supply.

17.7.There shall be a protection belt where maintenance can be performed during its utilization of inside city-pipelines transmitting and distributing clean water, and collecting, disposing, and dispatching wastewater.

17.8.The following activities in addition to sub-paragraph 31.2.1 of the Law on Water shall not be performed in protection and sanitation zone of water supply source:

17.8.1.to keep, process, and manufacture petroleum products, chemical and radioactive substances;

17.8.2.to use compost to plant cultivated plants, and substance and technology to remove insects and pests not permitted by state central administrative bodies in charge of environment and health matters;

17.8.3.to bore a well and water hole to utilize for other purpose except drinking and household purpose;

17.8.4.to grant the right to possess, use and own land.

17.9.Health inspection organization shall determine point where water sample will be taken and its frequency, and ensure the implementation thereof.

17.10.It shall be prohibited to enter to the protection and sanitation zone of water supply source and water source facility without taking permission from the supplying organization

17.11.Individuals utilizing water source that is bored by them in order to use for their own need and providing other consumers with water shall comply with protection and sanitation zone regime.

17.12.Issue related to purifying and re-using wastewater resulted from consumption of newly constructed buildings shall be performed according to approved standard, norm, and rules.

17.13.Mining and electricity industries shall re-use technological consumption water.

17.14.Constructing buildings, facilities, and piping network shall be prohibited in area away 6m from the two directions of the axis of disposing and discharging waste water pipelines.

Article 18.Wastewater treatment plant

18.1.Wastewater composition scale jointly approved by state central administrative bodies in charge of environment, health, and urban and rural settlement's water supply and sewage matters shall be complied to the activity of supplying wastewater resulted from technological consumption to wastewater treatment plant.

18.2.Wastewater treatment plant location shall be determined by taking into account of the followings:

18.2.1.urban and rural settlement's general development plan;

18.2.2.preventive action plan from unexpected environmental disasters /flood, fire, earthquake etc./;

18.2.3.opportunity to extend the treatment facility;

18.2.4.space to determine protection and sanitation zones;

18.2.5.health, labor protection and safety conditions of employees.

18.3.Wastewater treatment plant shall have equipment with technology to purify and re-use grey water.

18.4.Health and environment inspection authority shall monitor composition of treated wastewater and infrastructure inspection authority shall monitor technology mode respectively.

18.5.After treating industrial wastewater at the permitted scale at wastewater treat-plant, it shall be supplied to the sewage pipeline and re-use in the technological consumption.

18.6.Passenger service organizations and petrol stations locating alongside the main road of the state shall have restrooms with sewage piping networks, and this measure shall be implemented step-by-step.

18.7.Waste water contaminated with germs, bacteria, and chemical compounds that are dangerous to the general public, after being treated to the acceptable scale specified in paragraph 18.1 of this Law, shall be supplied to the waste water disposal piping network, and this activity shall be handled by a professional organization with a special permit.

/This paragraph was added by the law as of December 9, 2022/

Article 19.Ownership of facility and piping network

19.1.Urban and rural settlement's water supply and sewage facility, piping network transmitting and distributing clean water, and collecting, discharging and disposing wastewater, and wastewater treatment plant shall be either state owned or locally owned.

19.2.A legal entity with special permit may implement operation and maintenance of buildings, piping network, and facility specified in paragraph 19.1 of this Law within the framework of public-private partnership.

19.3.Change of ownership right of water supply and sewage facility and piping network shall not be justification to terminate the operation of these facilities and piping networks.

Article 20.Determining clean and waste water quantity

20.1.Clean water consumption quantity of the consumer shall be estimated based on the contract specified in Article 13 of this Law and readings of water meters certified by competent authority.

20.2.Quantity of drinking and household water consumption and wastewater resulted from the consumption of the consumer who does not have water meter shall be determined based on consumption standard and norm approved by state central administrative bodies in charge of environment and urban and rural settlement's water supply and sewage matters.

20.3.In case of failure occurred in water meter not resulted from the consumer's fault or water meter is disconnected from the pipelines in order to be examined or fixed, consumer's clean water consumption and disposed wastewater quantity shall be based on the average of the last three months water consumption and wastewater quantity.

20.4.The amount of clean water specified in paragraph 20.1 of this Law shall be equal to the amount of hot and cold water utilized, and the amount of waste water shall be equal to the amount of clean water, unless otherwise determined by the Regulatory Committee.

/This paragraph was added by the law as of December 9, 2022/

CHAPTER SEVEN

CONTROL AND LIABILITY

Article 21.Compliance with the legislation on utilization of urban and rural settlement's water supply and sewage, and their control

21.1.The state central administrative body in charge of urban and rural settlement's water supply and sewage matters and competent state inspectors shall control the compliance with the legislation on utilization of urban and rural settlement's water supply and sewage.

/This paragraph was amended by the law as of December 12, 2019/

/This paragraph was amended by the law as of November 11, 2022/

21.2.Organization in charge of protecting consumer rights shall put public monitoring on utilization of water supply and sewage, price of clean water, and service charge of discharging and disposing wastewater resulted from the consumption.

Article 22.Dispute resolution

22.1.If there is an arbitration agreement, disputes arising amongst special permit holders and between special permit holders and consumers shall be resolved by the arbitration.

22.2.Except as specified in paragraph 22.1 of this Law, disputes arising amongst special permit holders and between suppliers and consumers shall be resolved by the Regulatory Committee.

/This paragraph was amended by the law as of December 9, 2022/

22.3.If the special permit holders or consumers disagree with the decision made by the competent organization or official specified in paragraph 22.2 of this Law, they may file a complaint with the court within 10 working days after receiving the decision.

/This article was modified by the law as of January 26, 2017/

Article 23.Liabilities to be imposed on the violators of the Law

23.1.If the act of an official who violates this Law does not have criminal nature, he/she shall be held liable as provided in the Law on Civil Service.

23.2.Any person or legal entity who violates this Law shall be held liable as provided for in the Criminal Code or the Law on Violations.

/This article was modified by the law as of December 4, 2015/

Article 24.Entry into force of the Law

24.1.This Law shall enter into force on January 1, 2012.

THE CHAIRMAN OF THE STATE GREAT KHURAL OF MONGOLIA DEMBEREL.D