Guidelines to Statutory Order on the Licensing of Waste Water Discharges

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

The object of regulating the discharge and spraying of waste water on the surface of the ground for non-agricultural purposes is to protect surface water and ground water from any pollution risk, prevent health risks to humans and animals and protect neighbours from any environment- or health-related nuisance.

13.1 General provisions of the Environmental Protection Act

Section 19 of the Environmental Protection Act governs the granting of licences to discharge and spray waste water on the surface of the ground, and section 20 of the said Act governs the variation or revocation of such licences.

Pursuant to section 19(4) of the Environmental Protection Act, it is basically the regional council that has authority to license the discharge or application to the ground of substances, products and materials that may cause pollution of the ground water, soil and subsoil. However, the Minister may lay down other rules, including on licensing competence.

According to section 34 of the Statutory Order, only the regional council is empowered to issue licences to discharge or spray waste water on the ground for non-agricultural purposes.

Similarly, the regional council is generally the only authority with competence to vary or revoke licences of the type described above.

However, section 20(4) of the Environmental Protection Act empowers the local council to revoke such licences in connection with the implementation of a waste water plan pursuant to section 32 of the said Act.

Furthermore, the Minister can fix specific rules for this type of waste water disposal, cf. section 19(5), as exemplified by Part 13 of the Waste Water Management Order.

13.2 Scope of application

The Waste Water Management Order

Part 13 of the Statutory Order applies to situations where the waste water to be discharged or sprayed on the surface of the ground cannot be used in accordance with other applicable legislation, i.e. waste water not governed by Statutory Order No. 823 of 16 September 1997 on the application of waste products for agricultural purposes as amended ("The Sludge Order"), Statutory Order No. 550 of 24 July 1998 on commercial livestock management, livestock manure, silage effluent etc. ("The Livestock Manure Order"), and Statutory Order No. 366 of 10 May 1992 on non-commercial livestock management, unsanitary conditions, etc.

Waste water that may be discharged or sprayed on the ground under the Waste Water Management Order includes domestic waste water, grey waste water, surface run-off, pumped out, slightly polluted ground water, ground water from "emergency pumping" (pumping operation to remove polluted ground water from a catchment area for abstraction of drinking water), filter backwash from waterworks, cooling water and certain types of process waste water.

The above-mentioned types of waste water must not have any beneficial uses in agriculture, for example as fertilisers or soil improvement agents, as such waste water is subject to the Sludge Order, which governs the application of waste products for agricultural purposes. Examples of waste products with beneficial uses in agriculture are collected human waste (urine and faecal matter), cf. section 13.2.2 below.

However, it is a condition for using waste water etc. for agricultural purposes under the Sludge Order that the waste products do not have any significant content of environmentally deleterious substances.

The distinction made above between the Waste Water Management Order and the Sludge Order does not mean that all waste water that cannot be applied in accordance with the provisions of the Sludge Order may be applied under the Waste Water Management Order. When granting licences for the discharge or spraying of waste water on the surface of the ground pursuant to the Waste Water Management Order, the authorities must in each case evaluate the safety of this method of disposal from an environmental and health point of view.

13.2.1 Delimitation against other legislation

The Sludge Order

Waste water beneficial for agricultural purposes may be used in farming in accordance with the Sludge Order.

The Sludge Order governs waste produced by households, institutions and commercial and industrial enterprises, including biologically treated or biofermented waste, process waste water and waste water sludge, in so far as the waste has beneficial uses in agriculture and private gardening.

It is a condition for the application of waste products in farming and gardening that they are beneficial for such purposes. This means that they are able to change the condition of the soil in a particular area, either as fertilisers or soil-improving agents. A fertiliser is defined as an agent that promotes plant growth, and whose effect depends entirely or mainly on its content of plant nutrients.

A soil-improving agent is defined as an agent designed to change the physical, chemical or biological condition of a soil or growth medium, and whose effect does not depend, or depends to a limited extent only, on the agent’s content of plant nutrients. Examples are lime, residue paper products, etc.

Private gardening is to be understood in the general sense of the word, but is defined in the Sludge Order as non-commercial production of plants and trees for the use of a single or a few households. Waste products for application in private gardening must also meet the requirement of being beneficial for agricultural purposes.

Reference is also made to the forthcoming Danish EPA Environmental Guidelines, "Beneficial uses of waste products in agriculture".

The Livestock Manure Order

Waste water from milking parlours and from the washing of livestock products, feeding appliances, etc. from ordinary farming activities is subject to the Livestock Manure Order (Statutory Order No. 550 of 24 July 1998).

Statutory Order on non-commercial livestock management and unsanitary conditions, etc.

Night soil is governed by Statutory Order No. 366 of 10 May 1992 on non-commercial livestock management, unsanitary conditions, etc. Night soil is defined as raw urine and faecal matter.

13.2.2 Use of waste products from alternative toilet systems

This section describes the use of waste products from four different waterless or low-water toilet systems

	Composting toilets/Humus toilets
	Composting/Humus toilets with urine separation
	Water flushing toilets with urine separation
	Vacuum toilets

Re 1) Composting toilets/Humus toilets

This type of toilet is designed to receive both faecal matter and urine, which are collected in the same compost bin. Basically, these toilets do not incorporate a flushing mechanism, but some types of composting toilet use water to carry the faecal matter to the bin. However, the water is not admitted to the compost bin, most of the water being removed from the faecal matter in a cyclotron or similar device mounted immediately before the bin. Naturally, this device also prevents urine from entering the bin. The water used to carry faecal matter to the cyclotron is polluted and is comparable to black waste water. Basically, it should therefore be discharged into a holding tank or treatment plant.

Waste product applications

The waste products from these types of toilet are basically comparable to night soil, and their application is governed by Statutory Order No. 366 of 10 May 1992 on non-commercial livestock management, unsanitary conditions, etc.

Provided that the final product from such toilets are subjected to further treatment by stabilisation, controlled composting or controlled hygienisation, and is thus no longer comparable to night soil, it may be used in agriculture and private gardening, as it is beneficial for agricultural purposes. Such application may be licensed under section 21 of the Sludge Order.

Application of waste product in agriculture and private gardening

After treatment, the final product is comparable to waste water sludge, and its use in agriculture and private gardening is therefore subject to the same hygiene restrictions. The regional council may license such use under section 21 of the Sludge Order.

Waste product which has only been treated by stabilisation must be incorporated into the soil within 12 hours of application, and with due consideration to the other restrictions imposed by the Sludge Order.

Waste product treated by controlled composting may be used in farming, except on edible crops, in parks and gardens (public or private).

Waste product treated by controlled hygienisation may be used without any hygiene restrictions. It may be applied to farmland and private gardens, including on edible crops.

For further information, reference is made to the Sludge Order and to the forthcoming Danish EPA Guidelines on beneficial uses of waste products in agriculture.

Re 2) Composting toilets with urine separation

In composting toilets with urine separation, the urine is conveyed to a separate holding tank for separate handling. The purpose of a toilet with urine separation is to allow collection of the urine, which has a larger nutrient content than faecal matter. In order to prevent clogging of the urine conveyance system, a small amount of water is used to flush down the urine bowl before the urine is conveyed to the holding tank.

As in an ordinary composting toilet, the faecal matter is conveyed to a composting bin, generally without the addition of water.

Application of waste product

The application of the urine and faecal matter collected is governed by the provisions specified under 1) Composting toilets.

Re 3) Water flushing toilets with urine separation

In water flushing toilets with urine separation, the urine is collected in a separate tank. A small amount of water may be used to flush down the urine.

The faecal matter is removed by the same method as in an ordinary flushing toilet and is therefore comparable to black waste water. Such black waste water may be disposed of by discharge into a treatment plant, such as a holding tank, infiltration plant, small treatment plant, etc.

Application of waste product in agriculture and private gardening

The accumulated urine may be used in agriculture, as it is beneficial for agricultural purposes.

The application of urine for agricultural or private gardening purposes is governed by the provisions specified under 1) Composting toilets.

Re 4) Vacuum toilets

In vacuum toilets, the toilet waste is collected and conveyed to a collection tank using a minimum of water. Owing to the limited amount of water used for flushing (typically 0.2 to 0.5 litre), only a small collection tank is needed. This type of toilet is therefore mostly used in cramped conditions, e.g. onboard ships. However, they may also be used in ordinary homes.

Basically, the waste product is comparable to domestic waste water and must be disposed of in accordance with the provisions of the Waste Water Management Order. Methods of disposal include discharging into a waste water treatment plant, such as a holding tank, infiltration plant, small treatment plant, etc.

Application of waste product to farmland and private gardens

However, concentrated toilet waste (with a relatively low water content) may also be considered comparable to the waste product from a composting toilet, and may therefore be used in farming and private gardening, as it is beneficial for agricultural purposes. Regarding the provisions that govern the use of waste products from these types of toilet, reference is made to item 1) Composting toilets.

Table 13.1 summarises the authorities and legislation relevant to the licensing of the application to farmland or private gardens of waste products from the four types of toilet described above.

With respect to the collection, emptying out and transportation of the waste products, reference is made to Chap. 14 below.

Table 13.1
Application of waste products from waterless or low-water toilet systems

Sludge Order: Statutory Order No. 823 of 16 September 1997 on the application of waste products for agricultural purposes.

*) Provided the final product has been subjected to further treatment by stabilisation, controlled composting or controlled hygienisation and thus is no longer comparable to night soil, it may be used in accordance with the Sludge Order.

**) After treatment, the final product (night soil and urine) is comparable to waste water sludge, and the licensing of its use under the Sludge Order is therefore subject to the same hygiene restrictions. Reference is made to the provisions of the Sludge Order.

13.3 Procedure for submitting applications under the Waste Water Management Order

Pursuant to section 34(3) of the Statutory Order, applications for a licence to discharge and spray waste water on the surface of the ground for non-agricultural purposes must be submitted to the local council, which then forwards the applications, with comments, to the regional council.

The local council’s comments

Before passing an application on to the regional council, the local council should ascertain whether the purpose for which the licence is sought conforms to and is consistent with local planning, including the waste water plan. The local council should also disclose any information available to the council about local conditions, for example, with regard to the risk of pollution to water abstraction plants and ground water resources.

13.4 Regional council licences for spraying and discharging waste water on the surface of the ground for non-agricultural purposes

When licensing the spraying and discharging of waste water on the surface of the ground for non-agricultural purposes under section 34(1) of the Statutory Order, the regional council must make sure that this may not give rise to any of the following risks:

	Pollution of ground water
	Pollution of surface water
	Health hazards to humans or animals
	Nuisance to neighbours
	Surface run-off

The assessment of these factors is largely identical with the assessment to be made in connection with the issuing of percolation licences, supplemented with special health and hygiene considerations.

Domestic waste water

For health reasons, spraying or discharging domestic waste water on the surface of the ground should generally not be permitted, since domestic waste water normally contains infectious matter on a scale that involves a serious health risk to humans and animals.

Direct discharge of untreated domestic waste water on the ground is illegal, unless a special licence has been obtained. As part of the follow-up on the original Environmental Protection Act from 1973, the first waste water circular provided scope for regional councils to grant licences to spray waste water on the ground. At the same time, it was emphasised that this provision did not extend to domestic waste water.

Post-treatment municipal waste water and industrial waste water

According to previous practice, the direct discharge and spraying on the ground of waste water comparable to post-treatment municipal waste water was not permitted due to the health and hygiene risks involved. In certain cases, however, this method of disposal was permitted for industrial waste water, provided that the waste water carried a relatively low load of pollutants and was not associated with any risk of infection.

13.4.1 Assessment by the Medical Officer of Health and the District Veterinary Officer

The Medical Officer of Health and the District Veterinary Officer

Before issuing a licence for the discharge or spraying of waste water on the surface of the ground, the regional council must obtain both the Medical Officer of Health’s and the District Veterinary Officer’s opinion in the matter, cf. section 34(1) of the Statutory Order.

The reason for seeking the opinion of the Medical Officer of Health and the District Veterinary Officer is to get an assessment of whether the discharge/spraying on the ground of, say, a given type of roof run-off will expose humans or animals to a health risk, and whether a restriction with regard to the contemplated use should be stipulated in the licence.

13.4.2 Protection of ground water and surface water

In considering applications for licences pursuant to section 34(2)(i) and (ii) of the Statutory Order, it must be ensured that the discharge or spraying of waste water does not pollute or involve a risk of polluting ground water or surface water.

Environmentally incompatible substances

As a basic precaution, necessary for the protection of both ground water and surface water, waste water containing environmentally incompatible substances should never be applied to the surface of the ground. The discharge or spraying on the ground of such substances should only be licensed in cases where it is known with absolute certainty that the substances will decompose without causing any risk of pollution to either soil, ground water or surface water.

Waste water containing toxic, bio-accumulating or persistent substances should not be applied to the surface of the ground.

Effect on ground water

Where the spraying of waste water on to the ground in an amount and/or of a composition that is found to represent a potential risk of polluting existing water abstraction plants or ground water resources that may be exploited in future water abstraction plants, the regional council may have to decide in each given case whether the hydrogeological conditions are such that, in all probability, the contemplated discharge or spraying involves no such risk.

Hydrogeological conditions

An examination of the hydrogeological conditions may include:

	Determining the directional flow of the ground water (in the case of small clearance distances to water abstraction plants, the flow direction should be away from the abstraction plant)
	Establishing whether water abstraction plants are protected from percolating waste water (e.g. by an impermeable layer of clay).

Effect on surface water

The regional council must make sure that the discharge or spraying of waste water on the surface of the ground does not impede the achievement of the water quality targets set in the regional plan for watercourses, lakes or the sea. In this connection, it must be ensured that no seasonal surface run-off can enter watercourses, lakes or the sea.

It is also important to ensure that where large waste water loads are applied to areas near the receiving water body, no surface run-off of non-decomposed substances can take place, either directly or via the upper layers of the soil.

13.4.3 Health risks and nuisance to neighbours

It is a precondition for regional council licensing of the discharge or spraying of waste water on the surface of the ground that the waste water does not contain chemical or infectious substances on a scale that may endanger human or animal health or cause nuisance to neighbours, cf. section 34(2)(iii), (iv) and (v) of the Statutory Order.

Hygiene

When issuing such licences, the utmost care must be taken to ensure compliance with the strict hygiene requirements that apply to this method of disposal.

Waste water from households, especially raw toilet waste water, may contain large amounts of microorganisms, including pathogenic bacteria, and should therefore, as a rule, not be applied to the surface of the ground.

Waste water from animal production, e.g. slaughterhouses, which also contains microorganisms, including pathogenic bacteria, is also a potential source of infection.

Even waste water that has been subjected to more advanced biological and chemical treatment, for example, to remove nitrogen or phosphorus, should not be discharged or sprayed onto the surface of the ground without taking special precautions, such as providing fencing and/or protective screening. This is because the waste water contains bacteria and viruses, etc. that may cause a health risk to humans and animals. People and animals should therefore be prevented from contact with waste water applied to the ground.

Previously, it was possible to obtain a licence for the disposal by spraying of dairy waste water and waste water from food processing industries.

The waste water must be spread/sprayed out in a manner preventing any formation of aerosols, since aerosols may contain pathogenic bacteria and thus represent a health risk to humans and animals.

In evaluating the basis for granting a licence for the discharge or spraying of waste water on the surface of the ground, and whether special conditions should be stipulated in the licence, e.g. with regard to fencing, the licensing authority must identify the source of the waste water and the location planned for its disposal.

It must also be decided whether the licence should stipulate some form of treatment for the waste water before it is sprayed on to the ground, or prohibit the application of the waste water to edible crops or at locations to which children have access. The licence may therefore contain conditions to the effect that the waste water may not contain hazardous substances or pathogenic microorganisms.

Offensive odours

At the same time, consideration must be given to the formation of offensive odours that may be associated with discharging or spraying the waste water on the surface of the ground.

Surface run-off

It is also important to ensure that there will be no run-off to adjacent properties at any time of the year, and that the area designated for the purpose is not located where the waste water may create nuisance to neighbours or public traffic. The volume of waste water sprayed on the ground should not significantly exceed 3,500 m3/ha/year, corresponding to a net precipitation of 350 mm. Licences for the discharge of larger amounts of waste water should only be granted after an evaluation of the soil and terrain conditions, including any run-off etc. It must furthermore be ensured that the waste water is distributed evenly over the area. No accumulation of waste water must occur at any time of the year.

Interruption of operations

Allowance must also be made in the licence for any interruption of operations, in which case alternative means for the safe, temporary collection or drainage of the waste water must be available.

13.4.4 Compatibility with local and regional authority planning for the area

Licences issued by the regional council pursuant to section 34(1) of the Statutory Order must not conflict with the water supply, waste water, regional and municipal planning for the area.

13.4.5 Contract for discharge/spraying

Liability for operation, maintenance and damage in connection with disposal of waste water on the property of others

When granting licences to discharge or spray waste water on the property of others, the regional council should make sure that a contract has been concluded by and between the waste water producer and the owner of the receiving area. The contract should contain provisions concerning the allocation of private law liability for the operation and maintenance of the installation, including liability for any nuisance that may arise from the activity. The contract should further specify for whose account any damage is to be remedied, and who is to be responsible for the general operation and maintenance of the plant. Conditions regarding the term and optional termination of the contract should also be stipulated in the contract.

Time limit

The licence should be subject to a time limit to be fixed with due consideration to the term of the contract, to allow time to decide whether the contract may be renewed, or whether an application for a licence for a different method of discharge will have to be submitted.

13.5 Supervision and enforcement

Supervision

Pursuant to section 65 of the Environmental Protection Act, the local council is generally responsible for supervising the discharge and spraying of waste water on the surface of the ground. This responsibility includes ensuring compliance with

	The terms and conditions stipulated in licences issued under section 34 of the Statutory Order
	Enforcement notices and prohibition notices.

However, the regional council is responsible for supervising licences issued to municipal corporations, cf. section 66(4) of the Environmental Protection Act.

Enforcement

The local council must refer cases of non-compliance with decisions made pursuant to section 34 of the Statutory Order to the regional council, which will subsequently take proper enforcement action pursuant to sections 68-70 of the Environmental Protection Act. Thus, the regional council is always the ultimate enforcement authority.

13.6 Variation or revocation of licences

Pursuant to section 20 of the Environmental Protection Act, the regional council may at any time and without paying any compensation vary or revoke licences granted under section 34 of the Statutory Order on the following grounds:

	Risk of pollution of water abstraction plants
	Change of method of waste water discharge to implement a waste water plan pursuant to section 32 of the Environmental Protection Act
	Environmental protection in general, including health considerations.

13.7 Right of appeal

Questions of doubt, s. 36

In case of doubt as to whether waste water intended for discharge or spraying on to the surface of the ground is beneficial for agricultural purposes, the issue must be submitted in writing to the Environmental Protection Agency and decided on a case-by-case basis. The Agency’s decisions cannot be brought before any other administrative authority, cf. section 36 of the Statutory Order.

Refusal of licence applications

The regional council’s refusal of an application for a licence to discharge or spray waste water on the surface of the ground for non-agricultural purposes cannot be brought before any other administrative authority, cf. section 35 of the Statutory Order.

Licence

Appeals against licences issued by the regional council under section 34 of the Statutory Order may be lodged with the Environmental Protection Agency in accordance with the general provisions set out in section 91 of the Environmental Protection Act.

The Environmental Protection Agency’s decisions in appeal cases brought against licences granted by the regional council under section 34 of the Statutory Order are final and conclusive, cf. section 103 of the Environmental Protection Act.