For two years, the Bolesławiec Municipal Commune has been trying to take over PWiK. Meanwhile, municipalizing a state-owned enterprise under the current legal framework is a fairly lengthy and complicated process. In 1990, the company obtained the right of perpetual usufruct to the land it manages, as well as ownership rights to the buildings and structures.
"If the voivode were to municipalize the company in its current legal condition, that is, among other things, without the company first relinquishing its ownership rights, the decision would be legally defective," explains PWiK director Józef Burniak. "In 1995, for this reason, the voivode’s decision was repealed by the Minister of the State Treasury." PWiK director Józef Burniak began the process of partial municipalization by applying to the Minister of the State Treasury for consent for the company to relinquish the rights acquired through its earlier enfranchisement, in favor of the voivode. As Józef Burniak emphasizes, this decision is the beginning of the process of legally municipalizing PWiK and obtaining ISPA funds for the commune.
The next stage, after obtaining the minister’s consent, will be a decision by the workers’ council, which, in an appropriate resolution, will authorize the director to relinquish the rights to the buildings and structures. This will allow the director of the company to complete the relinquishment before a notary. Only at this stage will the voivode municipalize the sewerage section and the wastewater treatment plant for the benefit of the Bolesławiec Commune.
"At this point, the city can absorb funds from ISPA," says Józef Burniak, adding that "the voivode cannot municipalize the entire company."
After the sewerage section is transferred to the city, the problem of administering it arises. Maintaining the division would make it necessary to create two management units, which, as is known, would increase costs. Therefore, PWiK director Józef Burniak approached the city authorities with a proposal for an agreement under which PWiK would operate and administer the municipalized assets. In Józef Burniak’s view, this would make it possible "to keep PWiK intact, avoid raising prices and properly provide services involving the collection of wastewater from our customers."