Is there any chance to get justice in the case of bad water. Where to complain about bad tap water Quality of cold water in an apartment building

1. An organization providing cold water supply using a centralized cold water supply system is obliged to supply subscribers with drinking water that meets the established requirements, taking into account the specifics provided for by this Article and Part 7 of Article 8 of this Federal Law.

2. Local self-government bodies, executive authorities of subjects Russian Federation are obliged to provide the conditions necessary for organizing the supply by an organization providing cold water supply, drinking water corresponding to the established requirements.

3. Water intake for cold water supply using centralized cold water supply systems must be made from sources permitted for use as sources of drinking water supply in accordance with the legislation of the Russian Federation. In the absence of such sources or in the event of economic inefficiency of their use, the water intake from the water supply source and the supply of drinking water by the organization providing cold water supply to subscribers is carried out in agreement with the territorial body of the federal executive body exercising federal state sanitary and epidemiological supervision.

4. Drinking water supplied to subscribers using a centralized cold water supply system is considered to meet the established requirements if the levels of water quality indicators do not exceed drinking water quality standards by more than the value of the permissible error of the determination method.

5. If, based on the results of the federal state sanitary and epidemiological supervision or production control of drinking water quality, the average levels of indicators of drinking water samples after water treatment, taken during a calendar year, do not comply with the drinking water quality standards, the territorial body of the federal executive body exercising Federal State Sanitary and Epidemiological Supervision is obliged to send a notification about this to the local self-government body and to the organization providing cold water supply before February 1 of the next year.

(see text in previous edition)

6. In the event of receipt of the notification specified in paragraph 5 of this article, local governments are required to amend the terms of reference for the development or adjustment of the investment program by March 1 of the next year in terms of taking into account measures to bring the quality of drinking water in line with established requirements. The implementation of these measures should ensure that the quality of drinking water is brought into line with the established requirements for no more than seven years from the start of their implementation.

(see text in previous edition)

7. An organization providing cold water supply is obliged, within three months from the date of receipt of the technical assignment specified in Part 6 of this Article, to develop an action plan to bring the quality of drinking water in line with established requirements and coordinate it with the territorial body of the federal executive body, exercising federal state sanitary and epidemiological supervision, until July 1 of the next year. An action plan to bring the quality of drinking water in line with the established requirements is included in the investment program.

8. The term for agreeing on an action plan to bring the quality of drinking water in line with established requirements and the grounds for refusing such approval are established in the procedure for developing, agreeing, approving and adjusting investment programs approved by the Government of the Russian Federation.

9. For the period of implementation of the action plan to bring the quality of drinking water in line with the established requirements, the organization providing cold water supply may not comply with the quality of the supplied drinking water to the established requirements within the limits determined by such an action plan, with the exception of drinking water quality indicators that characterize its safety. During the implementation period of the action plan to bring the quality of drinking water in line with the established requirements, a decrease in the quality of drinking water is not allowed.

10. Local self-government bodies are obliged at least once a year to post in the media and on the official website of the municipality on the Internet (in the absence of such a site on the website of the subject of the Russian Federation on the Internet) information about the quality of drinking water supplied to subscribers using centralized water supply systems in the territory of a settlement, urban district, on action plans to bring the quality of drinking water in line with established requirements and on the results of the implementation of these plans.

We open the tap, and rusty water flows out of it? The situation is, to put it mildly, unpleasant, because we need water for cooking, washing, washing. But what is there to explain: water is vital for us! For low-quality water, demand a recalculation!

What should be the water from the tap?

What to do if there is a suspicion that the water does not meet the standards?

If you think that the water supplied to your apartment is of inadequate quality, you can, at your discretion, either contact management company, or immediately complain about the actions of the Criminal Code to Rospotrebnadzor. Often the management company refuses to check the quality of the water, so it is more efficient to immediately complain about the Criminal Code to Rospotrebnadzor.

WAY #1. WE CHECK THE WATER QUALITY BY THE MANAGEMENT COMPANY

Step #1. Reporting a violation

A report on a violation of the quality of a utility service can be made by the consumer in writing or orally (including by telephone) to the emergency dispatch service. It must be registered (with your name, address and issue). Be sure to specify the name of the employee who accepted the application, the number and time of its registration. If you are applying
in writing, be sure to require a mark on the acceptance of the application on your copy with the exact time of receipt.
In the event that the service employee knows the reasons for the violation of the quality of the utility service, he is obliged to immediately inform you about this and make a corresponding note in the message log or on your application. If the reasons are not established, the date and time of the verification of the fact of violation of the quality of the utility service must be agreed with you. An employee of the emergency dispatch service independently informs the organization servicing your home (management company) immediately about your appeal due to a violation of the quality of the service. Already an employee of the management company or a resource-supplying organization determines, together with the consumer of the service, the date and time of the inspection.

Step #2. We draw up an act

After checking the water quality, the specialist of the management company draws up an inspection report in at least two copies (according to the number of interested parties). It must be signed by a representative of the management company and consumers (you and your neighbors). One copy of the act remains with you, the second is taken by a representative of the management company.
The act must specify:

• the address,
• date and time of the check
• visual and other external signs low-quality water are present (color, smell, lack of transparency).

If the specialist of the Criminal Code, when drawing up the act, concludes that the water in your apartment is suitable for consumption, and you categorically disagree with it, then insist on an examination. The management company is obliged to appoint an examination and conduct it at its own expense.

At the same time, the act states:

• who initiated the examination,
• in which container the water sample is filled,
• in what terms, where and by which participant in the check the sample selected for examination is transferred,
• meter readings.

The expert opinion is subsequently attached to the inspection report. If no one is in favor of an examination, but there is a dispute about the quality of water, then a re-inspection is scheduled, but in the presence of specialists from the State Housing Inspectorate and a representative of a consumer public association.

Upon completion of the check, an act must be drawn up, which indicates that water samples have been taken to be sent to the laboratory in order to obtain a conclusion on the compliance of water quality with sanitary standards.

Make sure that the act on the provision of low-quality services must indicate violations of the quality parameters, the time and date of the start of the provision of the utility service in the form in which it does not suit you.

Step #3. We need a recalculation!

The drawn up act, as well as the expert’s opinion on the non-compliance of water with the current sanitary standards (if the representative of the management company refuses to recognize the service as poor quality) are documents on the basis of which you, as a consumer, can demand a recalculation from the management company. By law, it must be done within a month from the date of signing the act.

Remember: without filing a request for recalculation of the Criminal Code, such a recalculation is not required to be done!

PATH №2. WE CHECK THE WATER QUALITY BY COMPLAINTING THE ROSPOTREBNADZOR
Step #1. We complain about the management company in Rospotrebnadzor -

Send a completed application to Rospotrebnadzor - attaching an act on the provision of poor-quality services.

homeowner in apartment building has every right to complain about dirty water immediately to Rospotrebnadzor, bypassing the management company. In this case, if the supervisory authority reveals violations, the management company will be held administratively liable.
For verification, employees of Rospotrebnadzor must go to the place with the following documents:
- a certificate confirming that the person is a representative of this organization;
- a document confirming the need for verification, with the signature and seal of the manager. At the same time, it is very important that the verification is carried out by the person indicated in the accompanying document with a seal. This employee of the department, most likely, will make a selection of water for an examination.
The terms of the audit cannot be more than one month. However, if there are good reasons for this organization, the verification period may be extended for another month.
Upon completion of the inspection by employees of Rospotrebnadzor in without fail an act should be drawn up, where all the results of the check should be entered and an expert opinion on water quality should be attached. If violations are found, an inspection protocol is added to the drawn up act. Further, Rospotrebnadzor holds the perpetrators accountable - this can be both a management company and a resource supply organization, which, in turn, are obliged to eliminate violations. If this does not happen for a long period, then you can re-call a representative of Rospotrebnadzor to draw up a second
an act confirming the provision of low-quality services. And in any case, you will demand recalculation from the management company or the resource supplying organization.

Step #2. We achieve recalculation
If Rospotrebnadzor reveals that the water entering the apartment does not meet quality standards, the owner may require a recalculation.
To do this, you must submit an application to the management company with a request to recalculate, attaching a copy of the answer from Rospotrebnadzor.

Without filing a request for recalculation of the Criminal Code and RO, such a recalculation is not required! Recalculation must be made within a month after the application is submitted.

If the recalculation is not done

If Rospotrebnadzor discovered violations of the quality of the water provided, issued instructions to the Criminal Code to eliminate the violations, but water of inadequate quality continues to flow from the tap, or the management company, after submitting your application, did not recalculate, you must submit application to the State Housing Inspectorate.

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Is it possible to use such water for cooking or to wash your face with it? Of course not. And if so, then there is no reason to pay for it. Few people know, but in the law of the Russian Federation there are norms and rules governing the quality of water entering houses; and, if you use them skillfully, you can really "clean" your plumbing.

The law is still written

With the adoption of the current Housing Code of the Russian Federation, the Moscow Government approved new Rules for the provision utilities(hereinafter - CG) to citizens, where it is clearly indicated how the CG should be provided and how the fee should change if the service is of poor quality (Decree of the Government of the Russian Federation No. 307 of May 23, 2006 “On the procedure for providing utility services to citizens”).

Here, for example, are excerpts from the Decree that relate to the problem of poor-quality water:

“Cold water supply - round-the-clock provision of the consumer with cold drinking water of proper quality, supplied in the required volumes through the connected network to the dwelling or to the standpipe. Hot water supply - round-the-clock provision of the consumer hot water of proper quality, supplied in the required volumes through the connected network to the residential premises.

As can be seen from clause 6 of the Rules, the water MUST still be of adequate quality. And item 7. of the same Rules indicates those who are responsible for the mode and quality of supply of cold and hot water. These are resource-supplying organizations (Contractor).

At the same time, we, as Consumers, have rights that are clearly stated in paragraph 51:

Receive in the required volumes of CG of proper quality, safe for his life, health, not causing harm to his property;

Receive from the Contractor an act on non-provision or provision of CG of inadequate quality and on elimination of identified deficiencies in a timely manner;

Require the Contractor to compensate for losses and harm caused to the life, health or property of the Consumer due to non-provision and provision of CG of inadequate quality, as well as moral damage in the manner and amount determined in accordance with the legislation of the Russian Federation.

For water - to fight!

And since we have rights, we need to learn how to defend them. And first What each consumer must understand for this is that the composition and properties of water must ALWAYS comply with sanitary standards. Deviation from sanitary norms is not allowed. In case of non-compliance of the composition and properties of water with sanitary norms and rules, the fee is NOT PAYED for each day of provision of CU of inadequate quality (regardless of meter readings).

Second. In case of failure to provide the CU or provision of inadequate quality, YOU notify the emergency dispatch service (hereinafter referred to as ADS) of the contractor or another service specified by the contractor.

Third. You can notify ADS both in writing and orally (including by phone), all applications are subject to registration. At the same time, you are obliged to provide your full name, exact address of residence, as well as the type of GC not provided or provided of inadequate quality. The ADS employee is obliged to accept the application, report his full name, application number and the time of its receipt.

fourth. If the ADS employee knows the reasons for non-provision or provision of CG of inadequate quality, he is obliged to inform you about this and make a corresponding note in the application registration log. This mark is the basis for the recognition by the contractor of the fact of non-provision or provision of CG of inadequate quality.

Fifth. If the reasons for non-provision or provision of CG of inadequate quality are unknown, the ADS officer is obliged to agree with you on the exact time and date of establishing the fact of non-provision or verification of the quality of provision of CG. Based on the results of the check, an act is drawn up, which is signed by you and the contractor (or his representative).

sixth. If you and the contractor (or his representative) have not reached a unified decision on the quality of the provision of the CG, then a new time and date for assessing the quality of the provision of the CG are determined. A representative of the state housing inspectorate and a representative of Rospotrebnadzor are invited for evaluation. Based on the results of the re-assessment of the quality of providing the CG, an act is drawn up, which is signed by you and the contractor (or his representative).

The act indicates violations of quality parameters, the time and date of the start of non-provision or provision of CG of inadequate quality.

The date of commencement of non-provision or provision of CG of inadequate quality is considered:

a) the time when the consumer submits an application to the ADS;

b) the time specified in the primary act drawn up by the contractor - in the event that the contractor reveals the fact of providing the CG of inadequate quality.

And now, attention

The act drawn up and signed by both parties is the basis for recalculating the fee for the CU, as well as for paying the contractor a penalty for violation of its obligations in the amount established by federal laws and the contract.

An act on non-provision or provision of CG of inadequate quality or an act on causing damage to life, health and YOUR property or persons living together with you is drawn up in 2 copies, one of which remains with you, the second - with the contractor.

The period for the provision of public services of inadequate quality is considered to be over:

a) from the date of signing by YOU of the act on elimination of shortcomings in the provision of CG;

b) from the moment of resuming the provision of CU of proper quality, recorded by the relevant metering device.

At the same time, the contractor bears the responsibility established by the legislation of the Russian Federation for violating the quality and procedure for providing the CG, which means that YOU have the right to demand that the contractor pay a penalty (fines, penalties) in accordance with consumer protection legislation.

* Anna Nikolaeva - lawyer, specialist in civil law.

Russians do not drink tap water, and it is not for nothing that all kinds of filters, bottled water, and even home delivery of clean water are in stable demand. To understand that the water in the tap is undrinkable, it is not necessary to conduct an examination. Taste, smell and color give out an insufficient degree of purification. But if water can be filtered for drinking, then for cooking and washing you have to use what flows from the tap.

Quality tap water affects your health. The condition of the teeth depends on it, because you brush your teeth and rinse your mouth daily, and mineral impurities can ruin the enamel. It affects the condition of hair and skin: washing with poorly purified tap water causes dryness, peeling and rashes. Water can also affect the health of other organs, so the demand for clean water is not a whim, but your legal right. Utilities are required to provide a good quality service, and if they violate their obligations, you have the right to claim compensation.

What affects water quality

City services take water for domestic needs from the nearest source: it can be a river or a lake, and if there is nothing similar nearby, then from underground reservoirs. The quality of water directly depends on the source, as well as the treatment technology and the condition of the water supply networks.

In some villages, mineral water flows from the tap: it is taken from underground sources similar to those from which mineral water is extracted in medicinal purposes. Therefore, the liquid is not only clean, but also enriched with useful minerals. If the water supply network is in an acceptable condition, the initial quality of the water does not decrease, and as a result, clean and tasty mineral water flows from the tap. But there are few such lucky ones, and these are, as a rule, residents of small villages and towns. Citizens have to make do with water from a nearby river, which is rarely crystal clear.

But the quality of the water at its source is only the first factor. No less important is pre-treatment: before entering the plumbing system, water is analyzed, cleaned and prepared. First, the composition of natural waters is checked, trying to identify impurities that affect humans. Based on the analyzes, a cleaning method is chosen, and the turn of preparatory measures comes:

• mechanical filtration: removal of large particles;
• settling: water is left in the tank to get rid of sediment;
• filtration using fine-grained filters: removal of small impurities;
• disinfection: this can be chlorination, ultraviolet irradiation or silver cleaning.

All of these steps are mandatory, but how is it that tap water smells like silt? It can become contaminated while moving through the pipeline: kilometers of pipes can run between the place of water treatment and your home. If the pipes are old, clogged, silt has settled on their walls, and the water is polluted.

How to check water quality

To find out the cause of pollution, an analysis is carried out: the concentration of various components is checked, comparing with the maximum permissible indicators, which are indicated in GOST 2874-82 and SanPin 2.1.4.1074-01. Theoretically, the quality of drinking water in the central pipeline is controlled by government agencies that conduct scheduled and unscheduled inspections - the latter are arranged at the request of consumers.

Regulatory authorities conduct scheduled inspections, but you can also request an unscheduled analysis of the composition of water if you notice a change in its color, smell or taste. One of the most common reasons for unscheduled inspections is faecal contamination. It occurs when sewers and water pipes located near each other are damaged. In addition to the fact that such pollution is unpleasant and unhygienic, it is dangerous, because many pathogens of dangerous diseases enter the water with feces.

To conduct an unscheduled test, you need to contact an accredited laboratory. However, you can check the basic indicators yourself: you won’t be able to use the test results as forensic evidence, but you will know for sure that the water does not meet sanitary requirements, and your appeal to the laboratory is not in vain.

To assess the concentration of chlorine and salts, put a drop of water on a glass or mirror. When it is completely dry, take a look at the remaining trace: if white circles and stripes remain on the glass, the salt content has been exceeded, and if a whitish coating remains, the permissible chlorine content has been exceeded. Pure water should not leave on glass surface no trace.

Another way to assess the quality of water at home is by boiling. Find a saucepan with a dark bottom and walls, boil water for 20 minutes. If a light coating appears on the walls, the composition of the water is far from meeting sanitary standards, and unscheduled analyzes may be required.

You can also draw water into a 3-liter jar and put it in a dark place for 3 days. Pure water will remain clear in 3 days, it will not have any smell, let alone sediment. The appearance of a precipitate indicates a high concentration of salts and chemical impurities, and a marsh, muddy smell and turbidity indicate the presence of bacteria. One of the worst options is the formation of an oil film on the surface, which indicates a high content of hazardous chemical components.

Of course, you can contact an independent laboratory and order an analysis of the composition of the water, but this will only be useful if you are preparing a lawsuit. If the task is to influence public services, the intervention of Rospotrebnadzor is necessary.

Where to file complaints

Laboratory analyzes are carried out by employees of Rospotrebnadzor - go there with a written request. It is not necessary to file a complaint and demand in paper form, you can leave an electronic message on the official website of the organization or the portal of the regional branch. It is not necessary to collect water on your own and carry it for analysis.

In the application, describe the problem: the water smells bad, cloudy, it has a taste. Specialists should respond in approximately 5-7 business days. Representatives of Rospotrebnadzor will come to you, take water for analysis. This is a separate procedure for which special sterile dishes are used. If necessary, samples are taken not only in the apartment, but also at the source or at the water station. This is necessary to understand what the problem is: in the plumbing, filters or source.

The results of the analyzes will be in 2 weeks, after which the regulatory authorities will issue an order to the management company or city services, depending on who violates sanitary requirements. Later, Rospotrebnadzor is obliged to conduct another check, the results of which are reported to consumers.

Trial

If the water quality does not suit you, find out which organization is responsible for cold and hot water supply in your city, and first file a written complaint with the management company. At the same time, the dispatcher must name not only his data, but also the number of your appeal. If you do not receive an explanation right away, insist on the arrival of the master for verification or contact Rospotrebnadzor. Checking by government agencies is free. If she confirmed the poor quality of the water, the cost of correcting the problem falls on the responsible organization.

Unfortunately, the check takes 2 weeks, and together with the waiting for water intake - 3-4 weeks. So long to put up with bad smell and the taste of water is impossible, therefore, while the test is in progress, complain to the water utility. His address and phone number can be found online or on payment documents, which usually helps speed up the resolution of the problem. Even if the intervention of Rospotrebnadzor did not solve the problem, go to court, to the commission to control the water supply.

Before you can go to court, you need to get the results of analyzes and examinations, including the involvement of independent organizations. Your task is to prove the poor quality of the water, after which you can claim compensation. Also, the court needs to present a contract for water supply services, notarized copies of acts on applying to the relevant authorities, expert opinions. You can demand not only moral compensation, but also reimbursement of expenses for household filters buying bottled water. Don't count on own forces, involve lawyers: if you win the case, the defendant will pay all legal costs.

Additional Information

Sanitary rules for water are regulated by the following SanPiNs

Drinking (cold water)

Phones of "Hot lines" of ROSPOTREBNADZOR, for advice regarding violations of consumer rights, including in case of violation of water supply standards, you will find on this page:

Internet services through which you can file a complaint to the relevant authorities, if in your apartment (house) poor quality water, low hot water temperature, low pressure and other problems with water supply

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