Waste water: construction of plants - approval

Contact the district or city administration as the lower water authority for the discharge of wastewater into a surface water body up to 750 m³ per day if the wastewater is not disposed of by means of public wastewater disposal and no requirements are specified in the Wastewater Ordinance for the wastewater before it is mixed or for the place where it is produced.

Otherwise to the locally responsible Structural and Approval Directorate North or South as the higher water authority.

• Struktur- und Genehmigungsdirektion Nord

As a rule, the following are required

- Letter of application

- the plans and documents drawn up by a competent person

- an accompanying landscape conservation plan,

four copies of each.

The water authority may require further documents.

If an environmental impact assessment is to be carried out for the approval of the plant, an environmental impact study is also required.

The fee range is between €26.50 and €26,580 if a discharge permit is issued at the same time, otherwise between €106.25 and €13,290. The amount of the fee depends on the work involved and the value/construction costs of the system.

• State ordinance on fees in the business area of the Ministry of the Environment and Forestry with annex (special fee schedule)

The permit must be applied for in good time before the start of construction.
The permit expires if construction is not started within two years and completed within five years of notification of the permit. These deadlines can be extended by the responsible water authority.

• Federal Water Act (WHG)
• State Water Act
• §Section 6 of the Environmental Impact Assessment Act (UVPG)
• § Section 62 of the State Water Act (LWG)
• §103 State Water Act (LWG)

Objection, action before the administrative courts.

Who is obliged (and entitled) to build and operate a wastewater treatment plant depends on the obligation to dispose of wastewater.

In principle, this lies with the independent cities, the municipalities not belonging to an association and the association municipalities, which must properly dispose of the wastewater produced in their area; in principle, they must construct and operate the necessary facilities and plants for this purpose.

In the case of wastewater disposal from individual properties in outdoor areas or from commercial operations or facilities, the obligation to dispose of wastewater can be transferred to the authorized users or the commercial operation or the operator of the facility at the request of the municipality responsible for wastewater disposal.

In these cases, the new responsible parties may then have to set up their own wastewater facilities in consultation with the local authority responsible for wastewater disposal before discharging into the public sewer system, for which a plant permit under water law is then required.

Which systems do not require a permit is determined by the State Water Act.

If the wastewater system is part of a higher-level system that requires approval in accordance with the Federal Immission Control Act (BImSchG), the water law requirements are also taken into account in the BImSch approval. However, this does not apply if a permit under water law is required, which includes the plant permit under water law.

The documents and plans for the permit application must be prepared by a competent person within the meaning of the State Water Act who is entered in a list maintained by the Rhineland-Palatinate Chamber of Engineers or in a directory maintained there. Registration in a comparable list of another federal state is also valid in Rhineland-Palatinate.

This does not apply to projects of local authorities (with the exception of local municipalities) if the plans and documents have been drawn up by competent members of the administration.

For wastewater treatment plants designed for organically polluted wastewater of 120 kg per day or more biochemical oxygen demand in five days (raw) or for inorganically polluted wastewater of 10 m³ or more wastewater in 2 hours (excluding cooling water), at least a preliminary assessment of the individual case is required to carry out an environmental impact assessment.

• Chamber of Engineers Rhineland-Palatinate

Structural and approval authorities as water management authorities;
Rhineland-Palatinate Chamber of Engineers