Legal provisions

Different areas have different requirements with regard to what can be discharged. This is mainly due to the sensitivity of the area, in terms of the environment. Incidentally, IBA means: Individual Treatment of Wastewater. With an IBA, you mean your own, small-scale wastewater treatment. The constructed wetland is an example of this. 

European legislation  

In an EU context, the “Directive of the European Communities” provides mandatory instructions for protecting groundwater against pollution by the discharge of certain harmful substances (OJEC 1980 L 20/43, Dec. 1979). 

Dutch legislation 

The licensing issue is an item that can only be arranged in consultation with the government parties involved. Sometimes we can help or mediate in this process, however this is not standard part of ECOFYT's activities. It has been legally established how “it is done with” the discharges of (treated) waste water. Nevertheless, there is some variation in goodwill with regard to the issuing of permits. The basic text can be found in the 

Water Act (http://wetten.overheid.nl/BWBR0025458) that replaced the Pollution of Surface Waters Act (or the Wvo) as of 9 December 2009. This states the law on domestic waste water as important articles: 

Article 3.4 1. Purification of urban waste water brought into a public waste water sewer takes place in a facility intended for that purpose under the care of a water board. Such an establishment can be operated by the water board itself or by a legal person who is charged with this purification by the board of the water board. 

3.4 2. Contrary to the first paragraph, the board of the water board concerned and the council of a concerned municipality may decide, on the proposal of either party, that the treatment of designated urban waste water in that municipality, from a time to be determined therein, takes place in an establishment intended for that purpose under the care of that municipality. A decision as referred to in the previous sentence can only be taken on the grounds that this is demonstrably more effective for the treatment of urban waste water. 

3.4 3. The board of the water board and the council of the municipality concerned shall decide on a proposal as referred to in the second paragraph, within one year after the day on which it was received by the council of the municipality concerned or by the board of the water board. . If no agreement is reached within that period, the parties will hear the Provincial Executive. 

Article 3.8 Water boards and municipalities ensure the coordination of tasks and powers, including independent management of the collection, collection and purification of waste water, with a view to efficient and coherent water management. 

Article 7.6 1. The rate of the levy with regard to discharges to a body of surface water managed by the State is EUR 35.50 per pollution unit. 

7.6 2. Contrary to the first paragraph, the rate per pollution unit of the levy with regard to discharges to a surface water body managed by central government from a purification technical work for the biological purification of domestic waste water is 50% of the amount referred to in the first paragraph. 

7.6 3. The rate of the charge for discharges to a surface water body managed by a water board is equal to the rate of the treatment charge set by that water board for the relevant tax year, as referred to in Article 122d of the Water Board Act. 

7.6 4. Notwithstanding the first paragraph, the discharge referred to in the second paragraph is exempt from levy if it takes place other than by the manager, provided that the amount of waste, polluting or harmful substances has not increased. 

Article 7.8 1. The following are exempt from pollution levy: 

a. Discharges that take place with the aid of a waste water sewer; 

b. discharges of substances from a purification technical work by a manager to a body of surface water that is managed by him; 

c. discharges of substances from a purification technical work other than by the manager, provided that the discharge takes place on a body of surface water managed by that manager and the quantity of waste, polluting or harmful substances has not increased. 

To discharge (treated) waste water, a so-called water permit is required from the competent authority. Applying for this permit is described at http://www. Antwoordvoorbedrijven.nl: Water permit If you carry out activities in surface water or groundwater, a notification is often sufficient. In some cases you need a water permit. This concerns, for example, the following activities: 

* direct discharge of waste water into surface waters; 

* extract groundwater; 

* activities at a water management structure (eg highway, viaduct, tunnel, bridge, waterway, dike); 

* construction of water storage; 

* damping of water. 

You report or apply for the water permit with the Water Permit Application Form via your municipality or directly with the responsible authority (Rijkswaterstaat, the water board or the province). You are expected to be able to apply for the water permit digitally from 1 March 2012 via the Environment counter online (water module). Replacing permits with water permit The water permit has existed since 22 December 2009 and replaces the following expired permits: 

* approval permit (and exemption from approval); 

* discharge of wastewater permit (Wvo permit); 

* withdraw groundwater permit; * seawater pollution permit (Wvz permit); 

* permit for the management of national water management works (Wbr permit); 

* permit Water Management Act. 

So, contrary to what you might have hoped, the Water Act is not the only legal text to look at. The Soil Protection Discharge Decree (Decree of 8 December 1997) describes various requirements with regard to the discharge of waste water into the soil. The decision still applies. The Discharge Decree on domestic waste water (Decree of 24 January 1997, containing rules for direct discharges of domestic waste water) also still applies, and it also lays down various requirements that must be met. Among others: 

Article 3 1. The prohibitions set in Article 6.2 of the Act do not apply with regard to the discharge of only domestic waste water. The person who discharges complies with the regulations laid down by or pursuant to this Decree, as well as the further requirements imposed by the competent authority pursuant to those regulations. 

3 2. The first paragraph does not apply to discharges of more than 200 resident equivalents. 

3 3. The first paragraph does not apply with regard to: 

a. New limited discharge where the distance to the nearest sewerage is more than 40 meters; 

b. extensive discharge in which the distance to the nearest sewerage system is at least: 1 100 m with more than 10 but less than 25 inhabitant equivalents; 

c. 600 m at 25 to 50 inhabitant equivalents; 

d. 1500 m at 50 to 100 inhabitant equivalents; 

e. 3000 m at 100 but not more than 200 population equivalents. 

The above therefore indicates: even the competent authority will not be able to issue a permit for a treatment plant that treats the water of more than 200 inhabitant equivalents (pe). 

Other legal provisions There are other legal provisions with regard to domestic waste water: 

Municipalities have a duty of care under Article 10.33 Wm (Environmental Management Act) with regard to the collection and transport of urban waste water. Urban waste water is defined as waste water that consists of domestic waste water or a mixture thereof with industrial waste water, run-off rainwater, groundwater or other waste water. In practice, this is fleshed out by the construction and management of a public wastewater sewer. The Provincial Executive can grant an exemption from this duty of care in accordance with paragraph 3 of that article. Exemption can only be granted for parcels outside built-up areas or for built-up areas with less than 2000 pollution units. (so this does not apply to the 200 ie mentioned above…) 

Explanation: The duty of care does not therefore mean that the outside area must be connected to the sewerage system for 100%. In the past decades, the provinces have formulated exemption criteria (albeit not nationally), in consultation with municipalities and water boards (water quality managers). Criteria in the still somewhat opaque assessment system are: 

* financial lower limits, sometimes related to: 

* the vulnerability of the area where the waste water is released (three classes are distinguished, see the diagram at the top of this page). 

In principle, the exemption is temporary, but for a longer period. The private individual must then realize an individual solution (in accordance with the Discharge Decree). If connection to sewerage takes place, a personal contribution of € 3,850 (2005) has already been judged reasonable by the court. 

If an IBA is installed, the construction costs (foundation costs) are sometimes financed by municipalities and / or water quality managers. Sometimes the private individual also takes the costs entirely for his own account in order to be free from any levy or tax. This is mainly because these costs have increased enormously in recent years and the “ceiling” of this is not yet in sight.