OFFICIAL NEWSPAPER. YEAR CXXXIX. N. 45357. 31, OCTOBER, 2003. PAG.16. DECREE NUMERO 3100 OF 2003 (October 30) Through which the vengeful rates by the direct utilization of the water are regulated as receiver of the vertimientos punctual and other decisions are taken. The President of the Republic of Colombia, in exercise of the legal and constitutional attributions, especially the ones that confers it the numeral 11 of the article 189 of the Political Constitution and in development of the arranged thing in the article 42 of the Law 99 of 1993, It DECREES: I SURRENDER I Object and content Article 1º. Object. The present decree considers object to regulate the vengeful rates by the direct utilization of the water as receiver of vertimientos punctual. Article 2º. Contained. The present decree contemplates it related to the establishment of the most minimum rate and its regional adjustment; defines the passive subjects of the rate, the mechanisms of I collect, overseeing and control, and the procedure of claim. Article 3º. Priorización of Basins. The Competent Environmental Authorities will charge the vengeful rate by vertimientos punctual in those basins that be identified as priority by their conditions of quality, according to the Plans of Code of the Resource established in the Decree 1594 of 1984 or in those norms that they modify it or they substitute. For the first five-year period of collection, in absence of the Plans of Code of the Resource, the Competent Environmental Authorities will be able to utilize the evaluations of quality of the available resource, based on which they will carry out happiness priorización. I SURRENDER II Definitions Article 4º. For the interpretation and application of the contained norms in the present decree the following definitions are adopted: It charges daily contaminant (Cc). It is the result to multiply the abundant average by the concentration of the substance contaminant, by the units conversion factor and by the daily time of vertimiento of the user, measured in hours, that is to say: Cc = Q x C x 0.0864 x (t/24) where: Cc = Load Contaminant, in kilograms for day (kg/day) Q = Abundant average, in liters by second (l/s) C = Concentration of the substance contaminant, in milligrams by liter (mg/l) 0.0864 = Units conversion Factor t = Time of vertimiento of the user, in hours for day (h) In the calculation of the load contaminant of each substance, object of the collection of the vengeful rate by vertimientos, should be discounted to the present load in the affluent one the measurements of the existing load in the point of collecting of the resource whenever be grasped in the same body of water. Abundant average (Q). Corresponds al volume of vertimientos by unit of time during the period of sampling. For the effects of the present decree, the abundant average will be expressed in liters by second (l/s). Concentration (C). It is the weight of an element, substance or composed, by unit of volume of the liquid that contains it. For the effects of the present decree, the concentration will be expressed in milligrams by liter (mg/l), except when other units be indicated. Harmful consequence . It is the result to incorporate al water resource an or several substances contaminants, that alter the conditions of quality of the resource or that cannot be assimilated for the same one. Regional factor (Fr). It is a factor that impacts in the decision of the vengeful rate and is composed by a coefficient of increment of the most minimum rate that involves the environmental and social costs of the damages caused by the vertimientos al value of the rate of the rate. Limits permisibles of vertimiento. It is the content permitted of an element, substance, composed or alone, environmental factor or in combination, or its products of metabolism established in the permission of vertimientos and/or plans of fulfillment according to it established in the article 30 of the present decree. The limits permisibles of vertimiento of substances, parameters, elements or composed set in the permission of vertimiento or plans of fulfillment will determine the harmful consequence of you said vertimientos. It shows composed. It is the integration of several punctual samples of a same source, taken to intervals planned and for periods specific, which can have equal volumes or to be proportional al abundant during the period of samples. It shows punctual. It is the sample taken in a representative place, in a determined moment. Plan of Code of the Resource. Plan by virtue of which are established in generic form the different uses to which is destined the water resource of a basin or body of water, according to it established in the Decree 1594 of 1984 or the norms that substitute it or they modify. Period of monthly discharge (T). It corresponds al number during the day during the month in which are carried out vertimientos. Projects of investment in descontaminación water. Are all those investments whose purpose be to improve the physical-chemical and/or bacteriological quality of the vertimientos or of the water resource. Investments are included in interceptores, final emissaries and systems of residual water processing, as well as the studies and associated designs to the same. Point of collecting. It is the place in which the user takes the water resource for any use. Point of discharge. Place or place where is carried out a vertimiento, in which the samplings should be should carry out and is found located before their incorporation to a body of water. Resource. It is understood like resource all the marine, subterranean, superficial water and estuarinas. Rate of the vengeful rate. Is the value that charges himself for each poured contaminant substance kilogram al resource. Vengeful rate by vertimientos punctual. It is that that will charge the Competent Environmental Authority to the natural or legal persons, of public or private right, by the direct utilization of the resource as receiver of vertimientos punctual and their harmful consequences, originated in activities antrópicas or favored by the man, economic activities or of services, be or not lucrative. User. It is natural or legal user every person, of public or private right, whose activity produce vertimientos punctual. Vertimiento. Is any final discharge al water resource, of an element, substance or composed that be contained in a residual liquid of any origin, whether agricultural, mining, industrial, of services or residual water. Vertimiento punctual. It is that vertimiento carried out in a fixed point, directly or through a channel, al resource. I SURRENDER III Calculation of the rate of the vengeful rates by vertimientos and of the regional rate Article 5º. Most minimum rate of the Rate (Tm). The Department of Environment, Dwelling and Territorial Development will establish annually, by means of resolution, the value of the most minimum rate of the vengeful rate for the parameters on which happiness rate will charge himself, based on the direct costs of removal of the present harmful substances in the vertimientos of water, which form part of the costs of recovery of the resource affected. Parágrafo. The most minimum rates established in the Resolution 372 of 1998 will continue in force to so much the Department of Environment, Dwelling and Territorial Development modify it or substitute. Article 6º. Information subject to al collection of the rate. Subject to al collection of the vengeful rate in a basin, section or body of water, the Competent Environmental Authority will owe: 1. Documenting the state of the basin, section or body of water in terms of quality. 2. Identifying the users that carry out vertimientos in each body of water and that are subjects al payment of the rate. For each user should know, whether with measurements, estimations presuntivas or well by means of autodeclaraciones, the concentration of each parameter object of the collection of the rate and the volume of the efluente. 3. Determining if the identifying users in the numeral previous, have or not Plan of Fulfillment or Permission of Vertimientos. 4. Calculating the line base as the contaminant load total of each substance poured al body of water, during a year, by the users subjects al payment of the rate. 5. Establishing the objectives of quality of the bodies of water according to its use according to the Plans of Code of the Resource. In absence of the Plans of Code of the Resource, for the first five-year period of collection from the expedition of this decree, the Competent Environmental Authorities will be able to establish these objectives based on the available evaluations of quality of the water resource. Article 7º. Put global of contaminant load reduction. The Competent Environmental Authority will establish each five years, a global goal of reduction of the load contaminant for each body of water or section of the same one according to the procedure described in the article 9º. This goal will be definite for each one of the parameters object of the collection of the rate and will be expressed like the total load of contaminant during a year, poured by the future and present sources. For the decision of the goal the importance of the regional diversity will keep in mind himself, availability, cost of opportunity and capacity of asimilación of the resource and the socioeconomic conditions of the population affected, so that the contaminant since the present total level to a total quantity be reduced agreed, in order to diminish the environmental and social costs of the damage caused by the level of existing contaminationImplementing the rate. The global goal of contaminant load reduction of the basin, section or body of water in joint form with the advance in the Plans of Saneamiento and Management of Vertimientos should contribute to reach the objectives of quality of the resource. Article 8º. You put individual and sectorial. For the fulfillment of the global goal of reduction of the load contaminant of the basin, section or body of water, the Competent Environmental Authority should establish put individual of contaminant load reduction for companies prestadoras of service of alcantarillado you hold al payment of the rate and users subjects al payment of the rate whose load poured be greater al 20% of the total of load that receives the bodyWater. The Competent Environmental Authority will be able to establish put sectorial according to the economic activity to which the other users of the resource subjects they belong al payment of the rate. The individual or sectorial goals should be aforesaid as the load annual contaminant poured. The sum of the individual and/or sectorial goals and those of the other users subjects al payment of the rate moreThe projection of the vertimientos of the new users subjects al payment of rate should be equal to the global goal of contaminant load reduction of the basin, body of water or section. The individual or sectorial goals only will be able to be modified with arrangement al procedure described in the article 11, save in the cases in which a serious error of calculation be shown. Parágrafo. The individual or sectorial goals should be established during the process referred in the article 9º. Of arrive not at an agreement, the individual or sectorial goals the Competent Environmental Authority in accordance with it will set them established in the article 12 for users prestadores of the service of alcantarillado subjects al payment of the rate; and proportionally to its vertimientos in the line base referred in the numeral 4 of the article 6º, For the other users subjects al payment of the rate. Article 9º. Procedure for the establishment of the global goal of reduction. The Competent Environmental Authority will apply the following procedure for the decision of the global goal that treats the article 7º: a) The process of consultation and establishment of the goal of reduction, an administrative act will be initiated formally by means of, which should contain the duration and the procedure of consultation; b) During the consultation the users subjects al payment of the rate and the community will be able to present to the Competent Environmental Authority contaminant load reduction proposals; c) The Competent Environmental Authority keeping in mind the state of deterioration of the resource, its objective of quality and the proposals remitted by the users subjects al payment of the rate and the community, will devise a proposal of global goal of contaminant load reduction and the individual or sectorial goals associates; D) The Director of the Competent Environmental Authority will present al Executive Counsel a report with the final proposal of global goal of reduction of load and the individual or sectorial goals associates. The report should contain the proposals received in the process of consultation, the evaluation of the same and the reasons that support the final proposal; And) The Counsel will have 90 days calendar, from the moment of the presentation of the information, to define the contaminant load reduction goals for each substance object of the collection of the rate. If the Executive Counsel does not define the goal in the time limit stipulated, the Director of the corporation will proceed to establishing it, inside the fifteen (15) following days al expiration of the previous time limit. Parágrafo. To give fulfillment with the clauses d) and and) of the present article, the Competent Environmental Authorities of the large urban centers and to the ones that refers the article 13 of the Law 768 of 2002, they will present the final proposal of global goal before the Executive Counsel or the Agency that do its times. Article 10. Monitoring and fulfillment of the goal. Al final of each annual period the Director of the Competent Environmental Authority will present al Executive Counsel a report, properly supported the envelope the total quantity of each object contaminant parameter of the collection of the rate, poured al resource during the period, in order to that the Counsel analyze these results in relation to the goal established and, if is the case, carry out an adjustment to the rate, in agreementWith the articles 14 and 15 of the present decree. The Competent Environmental Authority should divulge the report in the massive media of regional communication. Article 11. You adjust of goals. The users that pour al same body of water or section, by mutual agreement, they will be able to modify its individual or sectorial goals whenever the sum of the adjusted goals alter not the global goal of contaminant load reduction of the basin, body of water or section al that correspond. The agreements will be maintained in force during the five-year period. The agreements of adjustments in the sectorial goalsThey should be registered before the Competent Environmental Authority in order to verifying the fulfillment of the goals and to adjust the regional factor. Article 12. Put of reduction for the users prestadores of the service of alcantarillado. For effects to establish the individual goal of reduction of the load contaminant, the users prestadores of the service of alcantarillado subjects al payment of the rate should present to the Competent Environmental Authority the Plan of Saneamiento and Management of Vertimientos according to the regulation that for such effect send off the Department of Environment, Dwelling and Territorial Development, that should contain the activities and necessary investments to advance inSaneamiento and processing of the vertimientos. Said plan will contain the goal of reduction that will be set based on the contained activities in the same one. The fulfillment of the goal will be evaluated according to the fulfillment of the commitments established in the Plan of Saneamiento and Management of Vertimientos. Article 13. Regional rate (Tr). The Competent Environmental Authority will establish the Regional Rate (Tr) for the collection of the Vengeful Rate (TR), based on the Most minimum Rate (Tm) multiplied by the Regional Factor (Fr), thus: Tr = Tm x Fr Parágrafo. In the Regional Rate (Tr) remains included the value of depreciations of the resource affected, taking into account the environmental and social costs of the damage declared in the goal of reduction of the load contaminant. Thus same, the costs of recovery of the resource are reflected in the most minimum Rate (Tm). Article 14. Application of the Regional Factor (Fr). The Competent Environmental Authority will evaluate annually, the relation among the total contamination of the basin, section or body of water and the level of the rate charged, and will adjust the regional factor until achieving a level of regional rate that cause the reduction of the total load contaminant to the preestablished level for the goal of the basin, section or body of water according to it established in the article15 of the present decree. Article 15. Value of the regional factor. The regional factor will begin with a value equal to one (1) which will be adjusted annually from finalizing the second year and that will apply to the users subjects al payment of the rate that have not completed with the goal of reduction in the calculation of the value to pay of the following year, according to the following formula: Where: FR1 = Adjusted regional Factor. FR0 = Regional Factor of the immediately previous year Cc = Total of load contaminant received by the basin, and poured by the passive subjects of the vengeful rate al body of water or section in the aforesaid immediately previous year in Kg/Year; discounting the load contaminant poured of the users prestadores of the service of alcantarillado subjects al payment of the rate. CcM = global Goal of load contaminant for the basin, body of water or aforesaid section in Kg/Year; discounting the goal of reduction of the users prestadores of the service of alcantarillado subjects al payment of the rate. CcL = Total of load contaminant poured by the users subjects al payment of the rate to the basin, body of water or section al start of the aforesaid five-year period in Kg/Year; discounting the load contaminant al start of the five-year period of the users prestadores of the service of alcantarillado subjects al payment of the rate. Al to finalize the five-year period, if I am reached the goal, the regional factor will begin in 1, otherwise will initiate with the value with which finished the previous five-year period. In every case, the value of the regional factor will not be lower to 1 and will not surpass the level of 5.5. The previous formula will return to evaluate al to finalize the second year of the new five-year period bringing up to date the variable Cc (l) and Cc (m) with the values that correspond al new five-year period. Parágrafo. For the users prestadores of the service of alcantarillado subjects al payment of the rate, the evaluation of the individual goal will be done according to the cronograma established in the Plan of Saneamiento and Management of Vertimientos. Article 16. Calculation of the monthly total to charge for concept of vengeful rate. The Competent Environmental Authority will initiate charging the most minimum rate of the vengeful rate and will evaluate annually, from the second year, the fulfillment of the global goal of contaminant load reduction of the body of water or section, as well as the fulfillment of the sectorial and individual goals. The total to charge of each user I subject al payment of the rate will depend on its load contaminant poured and of its corresponding sectorial or individual goal. If it is complied with the respective goal, the regional factor applied al user will be equal to 1; if is broken, the value of the regional factor will be the calculated comply the article 15 of the present Decree. The total to charge for concept of vengeful rate will be according to the following formula: where: MP = Total Total to Pay Ci = Load contaminant of the substance i poured during the period of collection Tmi = most minimum Rate of the parameter i Fri = regional Factor of the parameter i applied al user. If it complies with its individual or sectorial goal is equal to 1; if breaks is calculated in agreement al article 15. N = Total of subject parameters to collection Article 17. Object contaminants substances of the collection of vengeful rates. The Department of Environment, Dwelling and Territorial Development will establish the substances, parameters, elements that will be object of the collection of the vengeful rate by vertimientos and the parameters of measure of the same. I SURRENDER IV On the I collect of the vengeful rates Article 18. I subject passive of the rate. They are obliged al payment of the present rate all the users that carry out vertimientos punctual and generate harmful consequence, according to it established in the present decree. When the user pours to a network of alcantarillado, the Competent Environmental Authority will charge the rate only to the company that lends said service, without damage of the consecrated thing in the article 113 of the Decree 1594 of 1984 or the norm that modify it or substitute. Article 19. Competence for the I collect. The Regional Autonomous Corporations, the Corporations for the Sustainable Development, the Environmental Authorities of the Large Urban Centers and the ones that refers the article 13 of the Law 768 of 2002, are competent to collect the vengeful rate regulated in this decree. Article 20. Destination of the I collect. The recaudos of the vengeful rate by vertimientos will be destined exclusively to projects of investment of descontaminación water and water quality monitoring, for which the Competent Environmental Authorities they should carry out the distributions in their budgets of incomes and expenses to the ones that there be place to guarantee the specific destination of the rate. Article 21. Information for the calculation of the total to charge. The passive subject of the vengeful rate will present annually to the Competent Environmental Authority, an autodeclaración supported with a representative characterization of its vertimientos, according to a format sent off previously by her. The Competent Environmental Authority will utilize the autodeclaración presented by the users subjects al payment of the rate, to calculate the load contaminant of each substance object of the collection of the rate, corresponding al period on which is going to charge himself. The user should have available to the Competent Environmental Authority the characterizations in which bases its autodeclaraciones, for effects of the processes of verification and control that this carry out or the procedures of claim that interpose the user. Thus same, the Competent Environmental Authority will determine when a user should maintain a registration of volumes of the vertimientos, according to the method of measurement that establish. Parágrafo 1º. The users prestadores of the service of alcantarillado and the municipalities or districts subjects al payment of the rate, they will be able to do autodeclaraciones presuntivas of their vertimientos. In which it refers to contamination of domestic origin, will take into account for it factors of vertimiento per capita, for the collection objects contaminants. These values will be established by the Department of Environment, Dwelling and Territorial Development. With relation to the contamination of industrial origin, they should keep in mind the representative characterizations of the vertimientos that do the users with greater load to the servant. Parágrafo 2º. The lack of presentation of the autodeclaración, to that does reference the present article, will give place al collection of the vengeful rate on the part of the Competent Environmental Authority, based on the available information, well be that obtained of previous samplings, or in calculations presuntivos based on factors of contamination related to levels of production and supplies utilized. Article 22. Sampling. The analytic methods utilized for it takes and analysis of the samples of vertimientos, base of the characterization to that does reference the previous article, they will be established by the Institute of Hidrología, Meteorología and Environmental Studies, IDEAM. In absence of these they will apply the methods established in the Chapter XIV of the Decree 1594 of 1984, or norms that modify it or they substitute. The Competent Environmental Authority will need for each source contaminadora the procedure to carry out the samplings. For such effect, they will be specified, for each one of the parameters object of thecollection of the rate, at least the following aspects: a) total Volume of the sample, type of container to utilize, method of preservation of the same one and maximum time of conservation; b) Type of sample, if should be punctual or composed; for the first case, the hour of takes of the sample; and for the second case, if the sample is integrated with respect al abundant or al time; the periodicidad of takes of punctual samples and the maximum time of integration; c) Number during the day of sampling; D) general Specifications to carry out the capacity of the volumes of vertimientos. Article 23. Analysis of the samples. The characterization to that refer the previous articles, should be advanced by laboratories properly normalizados, intercalibrados and accredited, according to it established in the Decree 1600 of 1994, or the norms that modify it or they substitute. Parágrafo 1º. In the meantime conform the services of laboratory to support the management and environmental information that treats the Decree 1600 of 1994, these they should be authorized before some Competent Environmental Authority to define the characterization required for the collection of the vengeful rates. Parágrafo 2º. In the meantime the methods of biological, chemical, and physical analysis of the samples be established that treats the Decree 1600 of 1994, they will apply the methods consigned in the Decree 1594 of 1984 or the norms that modify them or they substitute. Article 24. Verification of the autodeclaraciones of the users. The users subjects al payment of the rate will be able to be visited in any moment by the Competent Environmental Authority, in order to verifying the information supplied. Of the visit carried out a minutes will raise himself. The reluctance on the part of the users to accept the visit, will give rise to the application of the norms policivas corresponding. The results of the verification that carry out the Competent Environmental Authority should be made known in writing al user in a not greater time limit of a (20) day s skillful cash since the date of the execution of the visit. When the results of the process of verification they be favorable al user, the Competent Environmental Authority will proceed to do the adjustments of the case in the same time limit indicated in the previous clause. If the results of the process are unfavorable al user, the Competent Environmental Authority will perform the reliquidación of the case. Against the administrative act of reliquidación the resource of reinstatement will proceed. Article 25. It programs of Monitoring of the Water Sources. The Competent Environmental Authorities should perform Programs of Monitoring of the water sources in at least, the following parameters of quality: DBO, SST, DQO, OD, Coliformes Fecal and pH. The results of the program of monitoring should be reported annually al Department of Environment, Dwelling and Territorial Development and to be published by the respective Competent Environmental Authorities in massive media of communication. Article 26. It forms of collection. The Competent Environmental Authorities will charge the vengeful rates by the load total contaminant poured monthly by means of invoice sent off with the periodicidad that these they determine, which will not be able to be greater to a (1) year. Parágrafo. The invoices will be sent off in a not greater time limit to 4 months after finalizing the collection object period. The Environmental Authority will not be able to charge periods done not invoice. Article 27. Period of cancellation. The invoices of collection of the vengeful rates should include a period of most minimum cancellation of 30 counted days from the date of expedition of the same one, moment from which the Environmental AuthoritiesCompetent they will be able to charge the credits exigibles to their favor through the jurisdiction coactiva. I SURRENDER V Procedure of claim Article 28. Presentation of claims and explanations. The users subjects al payment of the rate will have the right to present claims and explanations writings with relation al collection of the vengeful rate before the Competent Environmental Authority. The presentation of any claim or explanation should be done inside the six (6) following months to the date of payment established in the invoice of collection. The competent environmental authority should carry account detailed of the requests presented, of the procedure and the answer given. The claims and explanations will be dealt with according to the right of petition predicted in the Administrative Quarrelsome Code. Article 29. Resources. Against the administrative act that resolve the claim or explanation proceeds the resource of reinstatement. I SURRENDER I SAW State of transition and final dispositions Article 30. Obligatoriedad of the limits permisibles. In no case the payment of the vengeful rates exonerates to the users of the fulfillment of the limits permisibles of vertimiento. The limits permisibles of vertimiento of the substances, parameters, elements or composed, that serve of base for the collection of the vengeful rate are them established by the Competent Environmental Authority in the respective permission of vertimiento and/ or plans of fulfillment, when to it there be place, according to the Decree 1594 of 1984, or the norms that substitute it or they modify. In both cases the vengeful rate will charge himself for the load contaminant poured al resource and authorized in the permission or plan of fulfillment. The I collect of these rates will be done without damage of the imposition of preventive measures or sanctions to that there be place, according to the article 85 of the Law 99 of 1993. Parágrafo. For the users prestadores of the public utility of alcantarillado, the Plan of Saneamiento and Management of Vertimientos will do the times of the respective Plan of Fulfillment. Article 31. Report of activities. The Competent Environmental Authorities will report annually al Dwelling Environment Department and Territorial Development the information related to the collection of the vengeful rates and the state of the resources, which should be remitted in the terms and time limit established in the Resolution 0081 of 2001 sent off by the Dwelling Environment Department and Territorial Development or the one that modify it or substitute. The Competent Environmental Authorities should divulge annually a summary of this information in a massive middle of regional communication. Article 32. Recovery of costs. According to the article 164 of the Law 142 of 1994, the formulae tarifarías of the public utility of alcantarillado will incorporate elements that guarantee the covering of the costs of protection of the sources of water. The Drinkable Water Regulation Commission and Saneamiento Basic will establish the formulae tarifarías that permit the persons prestadoras of the home public utilities to recover the costs by concept of vengeful rates and the associates with the monitoring and monitoring of its users, keeping in mind the political tarifarias established in the National Plan of Development. Article 33. Transitory disposition . From the expedition of this Decree, the Competent Environmental Authorities will have a maximum time limit of [1] to establish new year load reduction goals and to adopt the new methodology of collection exposed in this Decree in the basins where is charging itself the vengeful rate with the regulation of the Decree 901 of 1997. During they said time limit the regional factor itself will not be increased. Al beginning of the first period of collection with the modifications established in the present Decree, the regional factor will initiate with a value of 1. Parágrafo. From the expedition of this Decree the value of the regional factor applied to the businesses prestadoras of the service of alcantarillado you hold al payment of the rate will be equal to one (1). Once it presented the Plan of Saneamiento and Management of Vertimientos the regional factor will be adjusted according to it established in the articles 15 and 16 of the present Decree. The not presentation of the Plan of Saneamiento and Management of vertimientos, inside the terms established in the regulation that for the effect send off the Department of Environment, Dwelling and Territorial Development, will be considered like a breach of the same one and they will apply the increments in the regional factor calculated according to the articles 15 and 16 of the present decree. Article 34. Agreements of Payment. The Competent Environmental Authorities will be able to celebrate agreements of payment with municipalities and users prestadores of the service of alcantarillado by concept of vengeful rates in relation to debts caused among April 1° , 1997 and the entrance in forceOf the present Decree. Article 35. Force . The present decree governs from the date of their publication and abrogates all the norms that opponents be it, especially, the Decree 901 of 1997. Publíquese and be complied. It given in Bogota, D. C., to October 30 of 2003. ÁLVARO URIBE VÉLEZ The Minister of Environment, Dwelling and Rural Development, Cecilia Rodriguez González Blond.