Apply for authorisation to start discharging wastewater into water bodies early

Teaser

Would you like to discharge wastewater into a surface water body and / or into the groundwater via infiltration before authorisation has been granted? Then you must apply for an authorisation for the premature start of water use.

  • Service description

    An authorisation is required in Germany for the early start of discharge. An application for a discharge permit must already have been submitted to the competent authority.

    Authorisation to start discharging wastewater early in accordance with § 17 WHG is granted by the competent water authority if the necessary requirements are met.

    Authorisation may only be granted if an application for a wastewater discharge permit has already been submitted to the competent authority and all requirements of Section 17 (1) Nos. 1-3 WHG have been met.

    If a permit or authorisation for early commencement pursuant to Section 17 (1) WHG has expired in whole or in part, the water authority may, pursuant to Section 14 (1) Hessian Water Act (HWG), oblige the entrepreneur to remove the wastewater system in whole or in part at his or her own expense and to restore it to its previous condition or to take precautions at his or her own expense that are suitable for preventing adverse consequences.

  • Procedure

    • Authority explains the early start authorisation procedure to the applicant
    • Applicant prepares and submits application documents.
    • Authority checks application documents; requests additional documents if necessary and involves the bodies concerned
    • Applicant submits additional documents; affected bodies submit comments
    • Authority examines subsequently submitted documents and comments received
    • The authority issues the authorisation on the basis of the reviewed and, if necessary, supplemented application documents, provided that the requirements of Section 17 (1) WHG are met.
    • Applicant receives notification of authorisation for early start
    • 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.

  • Prerequisites

    Authorisation may be granted (discretionary) if

    • a licence application has already been submitted,
    • a decision in favour of the applicant can be expected,
    • there is a public interest or a legitimate interest of the applicant in the early start and
    • the applicant undertakes to compensate for all damage caused by the discharge up to the decision and, if the discharge is not authorised, to restore the previous condition.
    • 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 type and quantity of wastewater (precipitation water, wastewater, mixed water) that is to be discharged into the surface water and/or into the groundwater via infiltration.

  • What fees are incurred?

    Administrative costs must be paid to the competent authority in the respective federal state for the administrative service "Authorisation for early commencement".

    The amount of the administrative costs is based on the respective state regulations on administrative costs.

    Administrative costs are charged in accordance with the Administrative Cost Regulations for the Ministry of the Environment, Climate Protection, Agriculture and Consumer Protection (VwKostO-MULKV). Climate Protection, Agriculture and Consumer Protection (VwKostO-MULKV) as amended. The administrative costs for the approval of the early start amount to 20 per cent of the administrative costs to be paid for the granting of the permit, but at least €300 (VwKostO-MUKLV No. 16227 f.) (as of July 2021)

  • What deadlines do I have to observe?

    The application must be submitted in good time, as the discharge of wastewater into surface waters or via the subsoil into the groundwater may only take place once authorisation for early commencement has been granted.

  • Processing time

    The processing time depends on the quality and scope of the application submitted and the associated documents.

    The processing time is generally at least 2 months. The processing time may depend on when additional documents are submitted

  • Legal basis

  • Legal remedy

    An appeal may be lodged against the decision on the early start within one month of notification (Sections 68 and 70 VwGO), unless the regional council has made the decision (Section 16a of the Hessian Act on the Implementation of the Administrative Court Code - HessAGVwGO)

    If the objection procedure fails, an action can be brought before the administrative court.

  • Applications / Forms

    • Online procedure: no
    • Written form required: yes
    • Personal appearance: no

  • What else should I know?

  • Short text

    For the discharge of wastewater (rainwater, wastewater, combined wastewater) into a surface water body or via infiltration into the groundwater, an application can be made in Germany for authorisation to commence the discharge early.

  • Typing

    3

  • Library entry status

    5

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