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Guidelines to Statutory Order on the Licensing of Waste Water Discharges

Contents

Foreword

1. Area of application of the Statutory Order  
1.1 Scope
1.2 Application of the Statutory Order to existing waste water systems

2. Definitions  
2.1 Terminology
2.1.1 Waste water
2.1.2 Domestic waste water
2.1.3 Surface run-off
2.1.4 Human waste
2.1.5 Population equivalent
2.1.6 Holding tank
2.1.7 Waste water system
2.1.8 Capacity
2.1.9 Public waste water system
2.1.10 Private waste water system
2.1.11 Best available techniques

3. Content of the waste water plan  
3.1 Background
3.2 The provisions of the Environmental Protection Act concerning waste water planning
3.2.1 General
3.2.2 Existing and planned sewage catchment areas. Ownership
3.2.3 Areas for which the duty to connect to the public waste water system may be revoked
3.2.4 State of repair and rehabilitation of sewer systems
3.2.5 Waste water planning for rural areas
3.2.6 Areas where waste water disposal is effected by percolation
3.2.7 Dispersed settlements subject to requirements regarding waste water treatment
3.2.8 Municipal/private systems
3.2.9 Timetable and financial plan
3.3 Supplementary requirements to be met by waste water plans
3.3.1 Compatibility of the waste water plan with other planning
3.3.2 Other types of waste water disposal within the municipality
3.3.3 Planned and existing discharge facilities
3.3.4 Economy
3.3.5 Compulsory acquisition of land and registration of a covenant
3.3.6 Establishment of a private shared waste water system
3.3.7 Revision of the waste water plan

4. Consideration and adoption of the proposed waste water plan  
4.1 Background
4.2 Public hearing
4.3 The regional council’s role in waste water planning
4.4 The local council’s adoption of the proposed plan
4.5 Legal effects of the waste water plan
4.6 Right of appeal

5. Connection of waste water to waste water systems  
5.1 The general provisions of the Environmental Protection Act
5.2 Right and duty to connect to public waste water systems
5.3 Authority to issue connection licences
5.3.1 Connection to public waste water systems
5.3.2 Connection to private waste water systems
5.4 Licensing procedure
5.4.1 Connection of ordinary domestic waste water from households to the public waste water system
5.4.2 Environmental impact assessment of waste water connections
5.4.3 Information to be provided in applications for connection
5.4.4 Capacity of waste water system and catchment area
5.4.5 Stipulation of conditions in the connection licence
5.4.6 Act on the environmental impact of gene technology ("Lov om miljø og genteknologi")
5.5 Changing a waste water connection
5.5.1 Changing the conditions stipulated in a connection licence
5.5.2 Changing the layout and organisation of waste water systems
5.6 The Danish Building Act for Enterprises ("Byggeloven for virksomheder")
5.7 Supervision and enforcement
5.8 Summary of the allocation of authority etc.
5.9 Right of appeal

6. Revocation of the duty to connect to public waste water systems  
6.1
Background 
6.2  Connections that may be terminated 
6.3 6.3
Conditions for withdrawal
6.3.1 Conditions related to municipal waste water planning
6.3.2 Agreement between the local authority and the landowner
6.4 Effect on the economy of the waste water service  
6.5
Effect on the technical performance of the waste water service  
6.6  Licensing of alternative disposal
6.6.1 Effect on the objectives of the regional plan
6.7 Effect on the requirements established in the Aquatic Environment Plan  
6.8 6.8
Right of appeal

7. Discharge of waste water into watercourses, lakes or the sea  
7.1 
General provisions of the Environmental Protection Act  
7.2
Application procedure  
7.3  Competence of the local council
7.3.1 Domestic waste water
7.3.2 Process waste water representing max. 30 p.e.
7.3.3 Surface run-off
7.3.4 Copy to the regional council
7.4 Competence of the regional council
7.4.1 Major public waste water systems
7.4.2 Enterprises
7.4.3 Surface run-off from roads and railways
7.4.4 Overflow from combined sewer systems
7.5 Discharge from enterprises subject to approval
7.6
Conditions stipulated in discharge licences
7.6.1 Emission standards
7.6.2 Sample-taking and analytical methods
7.6.3 Effluent monitoring
7.7 Infiltration plants established in the proximity of watercourses, lakes and the sea 
7.8
Determination of capacity 
7.9
Supervision and enforcement  
7.10 Allocation of competence 
7.11  Variation of discharge licences 
7.12
Right of appeal

8. Emission limit values for certain substances discharged from public waste water systems
8.1 
Background
8.1.1 Determining the capacity of a municipal waste water system
8.2 Waste water treatment plants subject to national emission standards  
8.3
National emission standards
8.3.1 Monitoring procedure for treated effluent
8.3.2 Minimum number of effluent samples
8.4 Administrative provisions
8.5 Supervision and enforcement

9. Reduction in nitrogen and phosphorus loads discharged from major industrial enterprises  
9.1
The enterprises  
9.2 Definitions  
9.3   Treatment standards 
9.4 
Substance reduction  
9.5
  Effluent monitoring
9.6 Transfer of competence  
9.7 Legal protection
9.8   Supervision and enforcement 
9.9
Right of appeal

10. Prohibition of the direct discharge of certain substances to the ground water  
10.1 Prohibition of the direct discharge of certain substances  
10.2 Exemption 
10.3   Supervision  
10.4
Right of appeal

11. Disposal of waste water from dispersed settlements
11.1
Background  
11.2 Definition of ‘dispersed settlements’
11.3
Requirements regarding level of treatment to be stipulated in discharge licences or enforcement notices  
11.4 Waste water systems that meet the criteria of the four classes of treatment  
11.5 Criterion for issuing enforcement notices for improved waste water treatment
11.5.1 Specific requirements for documentation in connection with enforcement notices
11.6 Supervision  
11.7
Right of appeal etc.

12. Discharge of waste water into the ground (percolation)  
12.1
General provisions of the Environmental Protection Act  
12.2
Application procedure  
12.3
Local council licensing of percolation of domestic waste water etc.
12.3.1 General
12.3.2 Volume and character of waste water
12.3.3 Exclusion zones for water abstraction plants established pursuant to section 22 of the Environmental Protection Act
12.3.4 Clearance distance between the infiltration plant and water abstraction plants
12.3.5 Less stringent clearance distance requirements
12.3.6 Clearance distance from watercourses, lakes or the sea
12.3.7 Suitability of the soil for percolation
12.3.8 Design of infiltration plants
12.3.9 Clearance distance from the highest ground water table
12.3.10 Indicative clearance distance requirements
12.4 Local council licensing of percolation of surface run-off
12.4.1 Character and volume of surface run-off
12.4.2 Clearance distance from water abstraction plants etc.
12.4.3 Design of the infiltration plant
12.4.4 Clearance distance from watercourses, lakes or the sea
12.4.5 Other clearance distance requirements
12.5 Regional council licensing of percolation
12.5.1 General
12.5.2 Volume and character of waste water
12.5.3 Compliance with municipal and regional planning for the area
12.5.4 Protection of water abstraction plants and ground water resources
12.5.5 Compliance with quality objectives for watercourses, lakes and the sea
12.5.6 Design of systems for the percolation of chlorine-containing waste water
12.6 Transfer of licensing competence from the regional council to the local council
12.6.1 General
12.6.2 Clearance distance from water abstraction plants
12.6.3 Design of the infiltration plant
12.6.4 Clearance distance from watercourses, lakes and the sea
12.6.5 Clearance distance from the ground water etc.
12.7 Percolation in areas where the prescribed clearance distance from the ground water table cannot be observed  
12.8
Establishment of infiltration plants  
12.9
Amendment or revocation of percolation licences  
12.10Administrative procedures for issuing enforcement notices providing for percolation 
12.11 Liability in connection with issuing licences or enforcement notices for the establishment of infiltration plants
12.12 Supervision and enforcement  
12.13 Allocation of competence etc. in matters concerning percolation  
12.14
Right of appeal

13. Discharge and spraying of waste water on the surface of the ground for non-agricultural purposes  
13.1 
General provisions of the Environmental Protection Act  
13.2
Scope of application
13.2.1 Delimitation against other legislation
13.2.2 Use of waste products from alternative toilet systems
13.3 Procedure for submitting applications under the Waste Water Management Order
13.4 
Regional council licences for spraying and discharging waste water on the surface of the ground for non-agricultural purposes
13.4.1 Assessment by the Medical Officer of Health and the District Veterinary Officer
13.4.2 Protection of ground water and surface water
13.4.3 Health risks and nuisance to neighbours
13.4.4 Compatibility with local and regional authority planning for the area
13.4.5 Contract for discharge/spraying
13.5 Supervision and enforcement 
13.6 
Variation or revocation of licences  
13.7
Right of appeal

14. Establishment of holding tanks for waste water - collection, emptying and transportation  
14.1 
General provisions of the Environmental Protection Act  
14.2 
Powers of the local council
14.2.1 Quality requirements for holding tanks
14.2.2 Siting and size of holding tanks
14.2.3 Clearance distance from abstraction plants
14.2.4 Health hazards and nuisance to neighbours
14.2.5 Emptying and disposal
14.3 Powers of regional councils
14.3.1 Delimitation against other legislation
14.3.2 Emptying and disposal
14.4 Aboveground holding tanks
14.4.1 Emptying and disposal
14.5 Establishment and emptying of holding tanks for waste products from alternative toilet systems  
14.6
Waste water stabilisation ponds without an outlet
14.6.1 Powers of local councils
14.6.2 Powers of regional council
14.6.3 Waste water stabilisation ponds with a permeable bottom
14.7 Supervision and enforcement  
14.8
Variation or revocation of licences  
14.9 14.9 Right of appeal

15. Collection schemes for settling tanks and holding tanks, etc.  
15.1
General provisions of the Environmental Protection Act  
15.2
Collection scheme for holding tanks etc.
15.2.1 General facts about holding tanks
15.2.2 Holding tanks etc. covered by contractual membership of the public waste water service partnership
15.3 Collection scheme for settling tanks
15.3.1 General facts about settling tanks
15.3.2 Properties included under a collection scheme for settling tanks
15.3.3 Settling tanks covered by contractual membership of the public waste water service
15.4 Collection scheme for other drainage systems
15.4.1 Collection scheme for grease separators and sand catchers
15.4.2 Emptying of oil and petrol separators
15.5 Emptying frequency
15.5.1 General
15.5.2 Emptying frequency for holding tanks etc.
15.5.3 Emptying frequency for settling tanks
15.5.4 Emptying frequency for other drainage systems
15.6 Administration of collection schemes
15.7 R
ight of appeal

16. Water quality standards and emission standards for certain dangerous substances
16.1
Background of Statutory Order No. 921 of 8 October 1996  
16.2  Discharges covered by Statutory Order No. 921  
16.3
Basis for laying down emission standards
16.3.1 National and regional water quality standards
16.3.2 When should new quality standards be laid down?
16.3.3 Scientific basis for establishing water quality standards
16.3.4 Water quality standards for groups of substances
16.4 Stipulating emission standards
16.4.1 Compliance with the requirement for using the best available techniques and the quality standard fixed ("the combined or integrated approach")
16.4.2 Initial dilution rate
16.4.3 Delimitation of an impact area for waste water discharges
16.4.4 Existing substance concentrations in the receiving waters
16.4.5 No increased pollution
16.4.6 Permissible substance quantities
16.5 Release monitoring requirements  
16.6
Revision of existing discharge licences  
16.7  Right of appeal 
16.8 
Future revision of Schedule 2 to Statutory Order No. 921

17. Other provisions  
17.1 
Register of licences  
17.2
General provisions on conditions for discharge licences
17.2.1 Fixed-term licences
17.2.2 Provisions on supervision and monitoring
17.3 Registration

18. Administrative provisions and provisions governing the right of appeal
18.1 
Administrative provisions
18.2
  Appeals and legal actions
18.2.1 Right of appeal
18.2.2 Environmental Appeal Board

19. Supervision and enforcemen
19.1 
Supervision  
19.2 
Enforcement

20. Penalties  
20.1 
Penalties for violations of the Statutory Order on the licensing of waste water discharge 
20.2 
Penalties for violation of municipal rules or regulations  
20.3
Criminal liability attaching to corporations (legal entities), etc.

21. Schedules

Schedule 1 Statutory Order No. 501 of 21 June 1999 on the Licensing of Waste Water Discharges Pursuant to Parts 3 and 4 of the Danish Environmental Protection Act.

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