Portaria n.º 34/2011, de 13 de Janeiro de 2011
Portaria n. 34/2011
de 13 de Janeiro
O Decreto -Lei n. 194/2009, de 20 de Agosto, que aprova o regime jurídico dos serviços municipais de abastecimento público de água, de saneamento de águas residuais urbanas e de gestáo de resíduos urbanos, estabelece expressamente no n. 1 do artigo 62. que as regras de prestaçáo do serviço aos utilizadores constam de um regulamento de serviço, cuja aprovaçáo compete à respectiva entidade titular. A mesma norma remete para portaria, a aprovar pelo membro do Governo responsável pela área do ambiente, os elementos que, no mínimo, devem integrar o conteúdo daquele regulamento.
Por se tratar de um instrumento jurídico com eficácia externa, constitui a sede própria para regulamentar os direitos e obrigaçóes da entidade gestora e dos utilizadores no seu relacionamento, sendo mesmo o principal instrumento que regula, em concreto, tal relacionamento. Por outro lado, importa ainda uniformizar o conteúdo dos regulamentos de serviço que sáo aprovados pela entidade titular dos serviços municipais de águas e resíduos.
Por força do dever de informaçáo que impende sobre o prestador de serviços públicos essenciais, nos termos do artigo 5. da Lei n. 23/96 de 26 de Julho, alterada e republicada em anexo à Lei n. 12/2008, de 26 de Fevereiro (usualmente designada Lei dos Serviços Públicos Essenciais), o regulamento deve incluir, de forma clara e detalhada, o conteúdo e a forma de exercício dos direitos e deveres dos utilizadores.
Assim:
Manda o Governo, pela Ministra do Ambiente e do Ordenamento do Território, ao abrigo do n. 1 do artigo 62. do Decreto -Lei n. 194/2009, de 20 de Agosto, o seguinte:
Artigo 1.
Objecto e âmbito de aplicaçáo
1 - A presente portaria estabelece o conteúdo mínimo do regulamento de serviço relativo à prestaçáo dos serviços de abastecimento público de água, de saneamento
284 de águas residuais e de gestáo de resíduos urbanos aos utilizadores, abrangidos pelo Decreto -Lei n. 194/2009, de 20 de Agosto.
2 - Nos termos do número anterior, a presente portaria é aplicável ao regulamento de serviço a aprovar para os serviços de abastecimento público de água, de saneamento de águas residuais urbanas e de gestáo de resíduos urbanos prestadas por:
-
Entidade gestora de serviços municipais ou intermunicipais, em alta ou em baixa;
-
Empresa do sector empresarial do Estado, legalmente habilitada para o efeito, em relaçáo directa com os utilizadores finais.
3 - Sáo considerados utilizadores finais as pessoas...
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