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LAW OF MONGOLIA

May 17, 2012 Ulaanbaatar city

ON WATER CONTAMINATION FEES

 

Article 1.Purpose of the law

1.1.The purpose of this law is to regulate relations concerning imposition of water contamination fees on citizens and business entities, organizations and its payment to the budget.

Article 2.Legislation on water contamination fees

2.1.The legislation on water contamination fees shall consist of the Constitution of Mongolia, the Environmental protection law, the Water law, the General taxation law, the Urban area water supply and sewerage use law, this law and other legislative adopted in accordance therewith.

2.2.Should an international treaty to which Mongolia is a party provides for other than this law, the provisions of the international treaty shall prevail.

Article 3.Definitions

3.1.The following terms used in this law shall be interpreted as follows:

3.1.1.“contaminants” shall mean what is provided in 3.1.22 of the Water law, 3.1.2 water contaminant shall mean what is provided in 3.1.29 of the Water law, and 3.1.3 waste water shall mean what is provided in 3.1.24 of the Water law;

3.1.2.“water polluter” means what is provided in 3.1.29 of the Water law;

3.1.3.“waste water” means what is provided in 3.1.24 of the Water law;

3.1.4.water contamination fees shall mean what is provided in 3.1.32 of the Water law;

3.1.5.water quality standard shall mean what is provided in 3.1.21 of the Water law;

3.1.6.waste water standard shall mean what is provided in 3.1.25 of the Water law;

3.1.7.standard of waste water supplied to the sewerage network shall mean what is provided in 3.1.26 of the Water law;

3.1.8.sewerage shall mean what is provided in 3.1.3 of the Urban area water supply and sewerage use law.

Article 4.Water contamination fee payers and its registration

4.1.Citizens, business entities and organizations that produce waste water using water and mineral water resources and contaminate water affecting water composition and quality shall be water contamination fee payers.

4.2.The basin administration or legal entity decontaminating household and industrial waste water in urban areas that established water contamination fee contract with the soum/district Governor shall provide information on water contaminants to the relevant tax office within one month of issue of permit to dispose waste water, and the tax office shall register the payer based on the information provided.

/This paragraph was amended by the law of 2 May, 2019/

4.3.The basin administration or soum/district governor shall provide information on water contaminants other than those specified in Article 4.2 of this Law to the relevant tax office within one month of issue of permit to dispose waste water, and the tax office shall register the payer based on the information provided.

/This paragraph was amended by the law of 2 May, 2019/

4.4.The information on entities that contaminate water shall include other particulars required for tax inspection including name, address and location of the fee payer, state registration or registry number of the entity that contaminates water, field of business, volume of waste water, amount of contaminants in the waste water.

/This paragraph was amended by the law of 2 May, 2019/

4.5.The relations concerning issue of permit to dispose of waste water to citizens, business entities and organizations shall be regulated according to the provision of Article 24 of the Law on Water.

/This paragraph was amended by the law of 2 May, 2019/

4.6.The procedure on collection of fees on waste water generated from household use shall be approved by the Government pursuant to the provision of 7.1 of this law.

/This paragraph was amended by the law of 02 May, 2019/

Article 5.Items of imposition of fees

5.1.The water contamination fees /hereinafter to refer to as fees/ shall be imposed on waste water generated by the water contamination fee payers.

5.1.1.waste water supplied to the nature directly within the level permitted in line with the waste water standard;

5.1.2.waste water being supplied to the sewerage in compliance with the standard for the maximum permissible content of contaminant supplied to the sewerage.

5.2.The state central administrative body in charge of environmental issues shall approve the procedure on setting amount of contaminants in waste water and method of calculation based on the volume of waste water and content of contaminants in cooperation with the state central administrative body in charge of finance issues.  

Article 6.Values of assessment of fees

6.1.The value of assessment of water contamination fees shall be determined in the following manner.

6.1.1.the amount of contaminants in waste water for an entity that generates more than 50 cubic meters of waste water per day or generates hazardous contaminants in kilograms;

/This paragraph was amended by the law of 2 May, 2019/

6.1.2.in kilograms after evaluating the contaminants contained in waste water at the standard amount as generated by plants, service units, and through household use of the population that produce less than 50 cubic meters of waste water for two days;

6.1.3.the amount of hazardous contaminants in waste water in grams.

6.2.The state central administrative body in charge of environmental issues, in cooperation with the state central administrative body in charge of water supply and sewerage in urban area, shall set the standard amount of contaminants in waste water generated by plants and service units that produce less than 50 cubic meters of waste water not containing hazardous pollutant per day, for each industry, based on water use norms, capacity and cycle of use.

/This paragraph was amended by the law of 2 May, 2019/

Article 7.Amount of fees and its collection and expenditure

7.1.The amount of fees shall be set within the following limit.

 

Contaminants

Units of measurement

Fee range /in tugrugs/

Minimum

Maximum

Weightedsubstances

kilograms

100 50

500 1000

Organic substances

kilograms

100 50

500 1000

Minerals

kilograms

50 20

200 400

Heavy metals

kilograms

1000 500

5000 10000

Hazardous contaminants

grams

1000

5000 10000

/This part was amended by the law of 2 May, 2019/

7.2.The Government shall set the amount of fees for each water basin within the limit specified in 7.1 of this law based on ecological and economic value of water.

/This paragraph was amended by the law of 2 May, 2019/

7.3.Revenue from the fees shall be collected in the Environment and Climate protection fund and expended on water reserve protection, water decontamination, monitoring and evaluation and rehabilitation and not less than 50 per cent of it shall be spent for renovation and repair of water treatment facility.

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

/This paragraph was amended by the law of 2 May, 2019/

Article 8.Exemption and reduction in fees

8.1.Entity that contaminates water shall be exempt from the fees on the following conditions.

8.1.1.at the quantity of waste water decontaminated to the standard values of water quality;

8.1.2.at the quantity reused if waste water has been decontaminated and reused in production and service;

8.1.3.If it was determined that waste water is being decontaminated to the standard values of water quality using a waste water treatment facility, for three years from the date of installation and operation of the treatment facility.

/This sub-paragraph was amended by the law of 2 May, 2019/

8.2.Persons engaged in pastoral animal husbandry residing in places except urban areas shall be exempt from the fees.

8.3.Business entities and organizations, funded by budget, that decontaminate household waste water in urban areas of the national or aimag level or business entities and organizations engage in health, education and welfare activities may be deducted from the fees provided that they meet waste water standards and set norms.

/This paragraph was amended by the law of 2 May, 2019/

8.4.The list of business entities and organizations specified in 8.3 of this law and rates of reduction shall be approved by the Government.

Article 9.Payment and reporting of fees

9.1.They fee payers shall pay the fees imposed on contaminants in waste water disposed directly in the nature or supplied to the sewage facility to the relevant tax office within 20th of the first month of the following quarter.

9.2.The tax office shall prepare the annual fee report within the below-mentioned period.

9.2.1.soum or district tax offices are to submit its annual fee reports within 10th of February of the following year to the aimag or capital city tax office.

9.2.2.aimag or capital city tax office are to submit its annual fee report to the state administrative body in charge of tax issues within 1st of March of the following year.

9.2.3.The state administrative body in charge of tax issues shall prepare the consolidated report on fees within 15th of March of the following year and submit it to the state central administrative body in charge of environment water issues.

/This sub-paragraph was amended by the law of 2 May, 2019/

9.3.The state administrative body in charge of tax issues shall approve the template of the report on fees.

/This paragraph was amended by the law of 2 May, 2019/

Article 10.Liabilities for violation of law

10.1.Unless an official who has breached this law is subject to the criminal liability, he or she shall be held liable under the Law on Public Service.

10.2.An individual, legal person who has breached this law is subject to the liability in accordance with Criminal Law or Law on Offence.

/This Article has been revised by the law of 4 December, 2015/

 

 

SPEAKER OF THE PARLIAMENT OF MONGOLIA D.DEMBEREL