Applying for the discharge of waste water into public waste water systems
Service description
In Germany, a permit is generally required for the discharge of commercial/industrial wastewater into a public wastewater treatment plant (indirect discharge), provided that the Wastewater Ordinance specifies requirements for the wastewater at the place where it is produced or before it is mixed. Authorisation is granted by the competent authorities of the individual federal states.
For those sectors and activities (e.g. chemical industry, paper production, metal processing, cooling water utilisation) where pollutants are to be expected in the wastewater that are not sufficiently purified in a municipal wastewater treatment plant, the legislator has laid down requirements in the sector-specific annexes to the Wastewater Ordinance.
In order to comply with these requirements, special measures and wastewater pre-treatment plants are required to reduce the pollutant load so that the wastewater can then be treated in a public sewage treatment plant without causing any harm.
The authorisation in accordance with § 58 WHG is issued by the responsible water authority (§ 65 Para. 1 Hessisches Wassergesetz (HWG) in conjunction with § 1 Para. § 1 para. 1 sentence 1 no. 5 b Competence Ordinance Water Authorities). Authorisation may only be granted if the requirements of Section 58 (2) WHG are met. According to § 38 para. 3 HWG i.V.m. § 2 Para. 2 IndV, the authorisation requirement does not apply in certain cases. According to Section 38 (1) HWG, authorisation is also required for the discharge of groundwater into wastewater treatment plants if this contains substances for which requirements are specified in the Wastewater Ordinance for the place of occurrence or prior to mixing.
Procedure
- Authority explains the authorisation procedure for indirect discharge to the applicant
- Applicant prepares and submits application documents.
- Authority checks application documents for completeness; requests additional documents if necessary
- Applicant *in submits documents
- Authority checks subsequently submitted documents for completeness
- Authority involves public bodies that may be affected by the project
- If necessary, the authority requests documents that were subsequently requested as part of the involvement of external and / or internal bodies
- Applicant *in submits documents
- Authority checks subsequently submitted documents, if necessary with the involvement of external and / or internal bodies
- Authority issues the licence on the basis of the checked and, if necessary, supplemented application documents
- Applicant *receives notice of authorisation for indirect discharge
- Applicant *pays the administrative costs
Responsible office
The responsibility for issuing the authorisation is based on Section 65 HWG in conjunction with the Ordinance on the Responsibility of the Water Authorities
Higher water authorities: Darmstadt Regional Council, Giessen Regional Council, Kassel Regional Council
Lower water authorities:
The tasks of the lower water authorities are carried out by the district administrations and the city administrations in independent cities.The following page also provides all contact details for processing Annexes 49, 50 and 52 of the Waste Water Ordinance.
Prerequisites
Authorisation may be granted (discretionary) if
- the requirements applicable to the discharge in accordance with the Waste Water Ordinance as amended, including the general requirements, are met (general requirements, requirements for the place of occurrence and before mixing)
- the fulfilment of the requirements for direct discharge is not jeopardised and
- wastewater treatment plants or other facilities are constructed and operated that are necessary to ensure compliance with the requirements under numbers 1 and 2
- there is no impairment of the public good and no infringement of third-party rights
Which documents are required?
The required documents depend on the wastewater (industrial wastewater, commercial wastewater) that is to be discharged into the public wastewater system.
What fees are incurred?
An administrative fee must be paid to the respective federal state for the administrative service of the authorisation. The administrative fee is based on the respective state regulations on administrative fees.
The costs for "Approval of an indirect discharge in accordance with Section 58 (1) WHG" are between € 300 and € 12,000 (as of July 2021) in accordance with the Administrative Cost Regulations for the Ministry of the Environment, Climate Protection, Agriculture and Consumer Protection (VwKostO-MUKLV) of 19 December 2009, last amended by the Ordinance of 22 February 2021, Annex No. 162231
What deadlines do I have to observe?
The application must be submitted in good time, as wastewater may only be discharged into a public wastewater system if authorisation has been granted. The discharge into a public wastewater system may only take place once the authorisation has been granted, meaning that the application for authorisation must be submitted in good time, i.e. 6 months prior to the discharge of wastewater into a public wastewater system.
Processing time
The processing time depends on the quality and scope of the applications and documents submitted.
The processing time is generally at least 3 months. The processing time may depend on when additional documents are submitted
Legal basis
- § Section 58 of the Federal Water Act (WHG)
- § Section 68 of the Code of Administrative Court Procedure (VwGO)
- Waste Water Ordinance (AbwV)
- 65 HWG in conjunction with § Section 1 para. 1 sentence 1 no. 5 b WasserZustVO
- Hessian Law on the Implementation of the Code of Administrative Court Procedure (HessAGVwGO)
- § Section 38 of the Hessian Water Act (HWG)
- § Section 38 of the Hessian Water Act (HWG) in conjunction with the Indirect Discharger Ordinance (IndV)
Legal remedy
An objection to the authorisation may be lodged within one month of notification. If the objection procedure fails, an action can be brought before the administrative court.
Pursuant to Section 16 a (2) of the Hessian Act on the Implementation of the Administrative Court Code (HessAGVwGO), the preliminary proceedings pursuant to Section 68 of the Administrative Court Code do not apply if the regional council has issued the authorisation. An action may be brought against the authorisation (Section 74 (1) VwGO) within one month of notification.
Applications / Forms
The names and designs of the individual forms vary from state to state. Generally speaking, there are application forms, checklists and information sheets as declarations or forms.
Online procedure: no
Written form required: yes
Personal appearance: no
What else should I know?
Supporting institutions
Short text
- Discharge of waste water into public waste water systems Authorisation
- In Germany, a permit must be applied for under certain conditions for the discharge of wastewater (industrial wastewater, commercial wastewater) into a public wastewater system.
Typing
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