Türkiye'de su kalite yönetimi idari ve yasal yapı

Abstract

1920 li yıllardan beri, su kirliliği kontrolü mevzuatı çeşitli kanunlar, yönetmelikler, tebliğler ve Türkiye' nin taraf olduğu anlaşmalarla karmaşık bir yapıya bürünmüş, yetkiler birçok kurum ve kuruluşlara dağıtılmış bunun sonueundada yetki karmaşası yasal boşluğu doğurmuştur. Bu çalışmada; İdari ve yasal yapının ortaya çıkarılması amacıyla, bütün yetkili kurum ve kuruluşların dökümü yapılmış; İlgili mevzuat taranmış ve özetlenmiş, bu mevzuattaki çakışan ve çelişen noktalar belirlenmiş, uygulamadaki aksaklıklar ortaya çıkarılmış; İçme suyu standartları karşılaştırılarak incelenmiş; Nasıl bir yapı oluşturulmalı ve suların sorumluluğu kime verilmeli sorularına cevaplar aranarak çeşitli öneriler getirilmiştir. Sonuç olarak; Türkiye1 de su yönetirninin tek bir idareye verilmesi ve yaptırım gücünün kullanılması ile yürütmenin sağlanması amacıyla çevre mahkemelerinin kurulmasının yararlı olacağı görüşüne varılmıştır.

Water Quality Management in Turkey- Adniinistrative and Legal Structure The purpose of this study is to determine the adniinistrative and legal framework of water resources in Turkey after an examination of the present structure on this subject and, to devolop a new management model for Turkey. For this purpose; a detailed presentation of all authorised bodies and national laws, regulations and directives on environment are examined in sections 2 and 3 with the matrix showing this legislation and the related agencies. After a comparison of E.C and national drinking water quality standarts, some proposals to prevent the contradictions and basic inharmonies are discussed and a new administrative structure is developed in the last section. Since the 1920' s, measures to prevent water pollution have been incorporated in numerous laws, regulations and directives inacted by parliament and other authorised bodies, and in the provisions of international conventions to which Turkey is a signatory. Most of this legislation, including that in the constitution, includes provisions for protection of the environment and public health. The latest laws concerning the environment are the Environment Act passed in 1983, and the regulations on water Water Pollution Control drawn up in accordance with this act in 1988. IX* The most important laws concerning environmental rules are given below in chronological order. 1- Village Act- 17.4.1924 Article 13 2- Harbours Act- 20.4. 1925 Article 1,4,5,6 3- Water Act- 10.5.1926 4 - Sanitation Act - 6.5. 1930 Article 20,237,238,239,240,242,244,245 5- Settlement Act- 21.6.1934 Article- 10,11,17 6- Protection Against Flooding- 21. 1. 1943 7- Forest Act- 8.9. 1954 Article 14-d, 5 8- Ground Water Act- 23. 12. 1960 Article 1,4,5,8,10,11,13,14,16,17,18 9- illegal Settlement Act- 30.7.1966 Article 24 10- Waterborn Animal Life- 4.4.1971 Article 1,7,8,20,22 1 1- Environment Act- 11.8. 1983 Article 1,3,8,9,10,11,12,15,16,17 12- Bosphorus Act- 22. 1 1. 1983 Article l,3i,3j,3k,31 13- Agriculture Reform Act- 1.12.1984 Article 2 14- Mine Act- 15.6.1985 Article 7 15- Coast Act- 17.4.1990 Article 1,2,5,6,7,8,9, 10, 1 1, 12, 13, 14, 15, 16 As it has been already mentioned the diverse bodies have been authorised to legislate on the environment and these bodies have prevented the implementation of a centralised policy. As a result, the effective water pollution control has proved impossible. Since the individual bodies so authorised concern themselves only with those aspects relating to the enforcement of their own regulations, they have not been able to introduce practical measures capable of preventing water pollution in general. Consequently, none of these regulations have formulated solutions to water pollution as a whole. X With the objective of taking a broad perspective towards environmental legislation, the Water Pollution Control Regulations was designed to gather the diverse aspects of water pollution in a multi purpose form, classifying quality both on the basis of domestic/ industrial discharge standarts and on the basis of receiving media. However, since the regulations do not reflect the actual situation in the country as a whole, their applicability on a national basis is still debatable The legal infrastructure of the existing system is extremly inadequate. There is a need for revision of penal sanctions, lawyers specialising in environmental law, and environmental courts, as well as public awareness of environmental issues. Procedure should not only be based on prohibition, but on economic deterrents. Rapid population growth in Turkey and the limited drinking water resources in some regions of the country will oblige people to use lower quality water in future years. Therefore, long term planning should be introduced for the management of drinking water, followed by water for irrigation, recreation, waterborn animal life and other beneficial uses. Resources of water should be protected. Surveillance and monitoring system should be performed by State Hydraulic Works General Directory (D.S.Î) which is the major investement agency involved in the monitoring program. Enforcement of regulations and the inspection of applications should be performed by the same authorised body for each basin. XE A new model for Turkey on water quality management developed as a final result of this study,is shematicaly shown below: MINISTRY OF ENVIRONMENT J±L -. WATER GUALITY MANAGEMENT.7 ADMINISTRATION COURTS MINISTRY OF HEALTH WATER ADMINISTRATION SEWERAGE ADMINISTRATION Nk_ NON GOVERNMENTAL ENVIRONMENTAL ORGANISATIONS Figure 1: a new model for TURKEY on water quality management IS Within this stucture, all the power in terms of responsibility and jurisdiction have been given to the Ministry of Environment and the courts have been functioned as a final decision body.