Guidelines to Statutory Order on the Licensing of Waste Water Discharges

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.

20.1 Penalties for violations of the Statutory Order on the licensing of waste water discharge

As a general rule, any violation of the Environmental Protection Act is punishable by a fine.

Basically, this is also the case for violations of the Statutory Order. Under section 60(1) of the Statutory Order, landowners, enterprises, municipal waste water treatment plants, etc., are liable to fines if they

	Fail to apply for licences for the discharge of waste water under Parts 5-10 & 12-14 of the Statutory Order
	Violate terms and conditions stipulated in discharge licences issued under Parts 5-10 & 12-14 of the Statutory Order
	Fail to comply with Part 8 of the Statutory Order on emission limit values for certain substances present in discharges from public waste water systems
	Fail to notify the local council of the contemplated establishment of a holding tank according to Part 14 of the Statutory Order, cf. section 39 thereof
	Fail to comply with enforcement or prohibition notices.

If any violation is committed intentionally or through gross negligence, causing detrimental or potentially detrimental environmental effects, or if such violation has produced a financial return for the person violating the rules or regulations under the Statutory Order, the penalty may be increased to detention or imprisonment for up to two years.

20.2 Penalties for violation of municipal rules or regulations

Violation of rules or regulations set out under the Statutory Order is only punishable by a fine, cf. section 60(2) of the Statutory Order.

20.3 Criminal liability attaching to corporations (legal entities), etc.

Section 60(4) of the Statutory Order contains a reference to Part 5 of the Danish Penal Code.

The provisions of Part 5 of the Penal Code do not in themselves confer any authority to hold corporations (legal entities) criminally liable. This must be specifically provided for under special legislation - as in the Environmental Protection Act as well as in the Statutory Order on the licensing of waste water discharges issued thereunder.

Under section 26 of the Penal Code, criminal liability for companies etc. covers any legal person, including public and private limited companies, co-operative societies, partnerships, schemes, foundations, estates, local and central government authorities, unless otherwise specified under special legislation.

It appears from the legislative material for section 26 of the Penal Code that the provisions on criminal liability for legal persons - including existing provisions on corporate liability - comprise all entities etc. capable of entering into legal relations.

Thus, it must be assumed that criminal liability may be imposed for any violation of the Statutory Order irrespective of corporate structure or form, and it must further be assumed that also municipal waste water service partnerships may be held liable under the provision in question.

STATUTORY ORDER NO. 501 OF 21 JUNE 1999 ON
THE LICENSING OF WASTE WATER DISCHARGES PURSUANT TO PARTS 3 AND 4 OF THE ENVIRONMENTAL PROTECTION ACT¹

In pursuance of sections 7(1)(i) and (iii), 7a(1), 19(4 and 5), 27(3), 29, 32(4), 67, 73(1 and 3), 92 and 110(3) of the Environmental Protection Act as last amended by Act No. 373 of 2 June 1999, it is now provided as follows -

PART 1

Scope

1.-(1) This Statutory Order applies to all public and private waste water systems.

(2) This Statutory Order further establishes rules for the direct discharge of substances to the ground water.

2.-(1) Any substantial change in a waste water system or any of the conditions under which it operates, including relocation or reconstruction, is subject to the issuing of a new licence hereunder. Similarly, any substantial change in the volume or composition of the waste water entering the system shall require the issuing of a new licence.

(2) The licensing authority shall decide whether the character of a change affecting a waste water system or any of the conditions under which it operates warrants a new licence.

(3) Decisions made under subsection (2) above cannot be brought before another administrative authority.

3. This Statutory Order shall not apply to the issuing of licences for the discharge and spraying of waste water etc. onto the ground for agricultural purposes.

PART 2

Definitions

4.-(1) For the purposes of this Statutory Order, ‘waste water’ means any water discharged from residential, industrial or other buildings, including run-off from areas impervious to water.

(2) ‘Domestic waste water’ means waste water from household activities, including discharges from water closets.

(3) ‘Surface run-off’ means stormwater draining from roofs and other areas completely or partly impervious to water, including railway areas. Surface run-off must not contain substances other than those usually present in stormwater draining from such areas, nor have a significantly different composition.

(4) ‘Human waste’ means faecal matter and urine.

(5) For the purposes of this Statutory Order, ‘1 population equivalent (p.e.)’ means the waste water load that has a biochemical oxygen demand (BOD₅) of 21.9 kg oxygen per year, or that corresponds to 4.4 kg total nitrogen per year or 1.0 kg total phosphorus per year.

(6) ‘Holding tank for waste water, etc.’ means a watertight container of a type that is or can be approved for the storage of waste water etc. by the licensing authority, cf. section 37(1).

(7) ‘Waste water system’ means a system of open as well as closed conduits and other facilities used for the drainage and/or treatment of waste water, etc. that is discharged into watercourses, lakes, the sea, drained into the ground or otherwise disposed of.

(8) The ‘capacity’ of a waste water system means the amount of waste water with its load of pollutants expressed in population equivalents (p.e.) that may be discharged under a licence issued under Parts 3, 4 or 5 of the Environmental Protection Act (‘the Act’) from one or more properties within the catchment area identified for the waste water system concerned.

(9) ‘Public waste water systems’ means waste water systems whose operation and/or maintenance is/are the responsibility of one or more local councils.

(10) ‘Private waste water systems’ means waste water systems other than those defined in subsection (9) above. However, all waste water systems established by a local council pursuant to section 7a of the Act on payment rules for waste water installations, cf. Statutory Order No. 923 of 5 December 1997, are private, including those operated and maintained by the local council on behalf of a property owner.

(11) ‘Best available techniques’ means the technology that is within the technical and financial means of the type of enterprise concerned.

PART 3

Content of the waste water plan

5.-(1) The local council's plan for disposal of waste water in the municipality (‘the waste water plan’) shall provide the information listed in section 32(1)(i)-(vii) of the Act and be accompanied by the necessary maps. The plan shall further contain information on the following:

1. The relation of the waste water plan to the municipal plan and the regional plan, as well as to financial planning and the physical condition of the watercourses;
2. Existing and planned common waste water systems in the municipality with a definition of the individual sewage catchment areas and an indication of whether the system is under public or private ownership;
3. Other methods of waste water disposal used in the municipality, e.g. spraying;
4. The waters to which the waste water from the individual sewage catchment areas is discharged or planned to be discharged, the location of waste water outfalls and an estimate of the volumes to be discharged;
5. A renovation plan for the municipal collecting system listing objectives in order of priority. The plan shall also include a timetable and a financial plan for the renovation project;
6. The estimated cost of establishing and operating the public waste water systems and systems established by local councils under section 7a of the Act on payment rules for waste water installations etc., cf. Statutory Order No. 923 of 5 December 1997;
7. The properties that may have to yield up land, or on which a covenant will have to be imposed if projects are implemented in accordance with the waste water plan;
8. The properties that are connected to the public collecting system and the extent of such connections, cf. section 12(3).

(2) The waste water plan shall further contain a statement by the local council which renders it probable that the waste water generated in the areas identified under section 32(1)(iv) of the Act may be disposed of by percolation, and that such disposal does not conflict with the prevailing geological and/or hydrogeological conditions, nor with the rules set out in section 28 below.

(3) Before plans to establish a private common waste water system are included in a proposed waste water plan, the owners of buildings and land affected by the plan shall set up a local property owners’ waste water association, which will be responsible for the establishment, operation and maintenance of the plant. A draft of the association's by-laws shall be submitted when the proposed waste water plan is published. When the common waste water system has been included in the waste water plan, an entry regarding the adoption of the final by-laws of the association shall be made in the title register maintained by the Land Register for each of the properties concerned.

(4) Whenever there is a change in the assumptions on which the waste water plan is based, the local council shall update the plan for waste water disposal in the municipality - including the catchment area boundaries and the timetable for implementing the plan.

PART 4

Procedure for processing and adopting the proposed waste water plan

6.-(1) The waste water plan proposed by the local council shall be made available to the public together with an invitation to submit comments to the council within a time limit of at least 8 weeks from the date of publishing.

(2) Before the proposed waste water plan is published, cf. section 7 below, the local council shall obtain the regional council’s comments regarding any conflicts between the objectives set out for the waters in the regional plan and the future minimum measures of percolation and/or treatment defined in the local plan for each subarea, cf. section 32(1)(iv)-(v) of the Act.

(3) Simultaneously with publishing the proposed plan, the local council shall send a copy to the regional council for its information.

7. The local council shall announce the adoption of the waste water plan in the local newspapers. At the same time, a copy of the adopted waste water plan shall be sent to the regional council.

8. Whenever a revised regional plan or a supplement thereto involves a change in the method used for waste water disposal in rural areas, the local council shall ensure that the municipal waste water plan is amended accordingly within 18 month of the adoption of the regional plan, however, not earlier than 1 July 2000.

PART 5

Connection of waste water discharges to waste water systems

9. Connection to the public collecting system is mandatory on properties located within one of the sewage catchment areas of the public waste water system defined in the waste water plan, provided that the required service sewer is available at the property boundary. The connection shall be established at the property owner’s own cost and through closed conduits.

10.-(1) The local council shall license the connection of waste water to private waste water systems to an extent that conforms with the capacity of the system concerned, and provided that the waste water is subsequently discharged into a public waste water system.

(2) Licensing under subsection (1) above is subject to the prior written consent of the party in charge of the system.

11.-(1) Decisions by the local council to license connection to public waste water systems, including to the associated outfalls, cf. section 28(3) of the Act, and decisions made under section 10 hereof cannot be brought before other administrative authorities if they concern the following:

1. Connection of domestic waste water from household installations representing a load of 30 p.e. or less, including surface run-off from catchment areas;
2. Connection of industrial process water from installations representing a load of 30 p.e. or less, including surface run-off, provided that the contents of the waste water can be expressed in p.e., and provided that it does not contain substances other than those usually present in domestic waste water, nor has a significantly different composition; or
3. Connection of surface run-off, except from areas used for parking more than 20 cars and from roads.

PART 6

12.-(1) The local council may grant permission for property owners to withdraw in full or in part from the public waste water service partnership on the following conditions:

1. That the withdrawal does not conflict with the local council’s plan for the disposal of waste water in the municipality, cf. section 32(1)(ii) of the Act;
2. That the withdrawal is agreed between the property owner and the local council;
3. That the withdrawal does not have serious adverse effects on the overall economy of the waste water service;
4. That the withdrawal does not prevent the proper technical functioning of the waste water service.

(2) Permission to withdraw in full or in part from the public waste water service partnership is only granted to property owners who have obtained a licence to use an alternative method of waste water disposal or discharge. The licensing of an alternative method of disposal or discharge of waste water is subject to the following:

1. That the alternative method of disposal or discharge is compatible with the objectives set out in the regional plan for the quality and use of watercourses, lakes or coastal waters, as wells as with the objectives for the use and protection of the ground water;
2. That the requirements in Part 8 below will continue to be met, notwithstanding any reduction in the approved capacity; and
3. That the alternative method of discharge will not interfere with the quality of the treatment to which the overall volume of waste water is subjected.

(3) Whenever a property owner who has obtained the permission referred to in subsection (1) above withdraws from the public waste water service partnership, an entry to this effect shall be made in a waste water plan, in order to provide a register of the properties that are included under the public waste water service partnership and the extent to which they participate.

PART 7

Discharge of waste water into watercourses, lakes or the sea

13.-(1) Applications for licences to discharge waste water into watercourses, lakes or the sea shall be submitted to the local council.

(2) In cases where the regional council is the licensing authority, the local council shall refer the application to the regional council accompanied by the local council's comments.

(3) The licensing authority, cf. sections 14 and 15 below, shall define the kind of information to be submitted with the application.

(4) When licensing private common waste water systems, the local council shall attach special importance to the following:

1. That the implementation of the project does not conflict with the intentions of sound and appropriate urban development; and
2. That the implementation of the project conforms with the waste water plan and the guidelines for water quality and ground water protection set out in the regional plan.

14.-(1) The local council is the licensing authority in cases involving the discharge of the following categories of waste water:

1. Domestic waste water from residential and industrial installations representing a load of 30 p.e. or less, including surface run-off;
2. Industrial process water from installations representing a load of 30 p.e. or less, including surface run-off, provided that the contents of the waste water can be expressed in p.e., and provided that they do not include substances other than those usually present in domestic waste water, nor have a significantly different composition; and
3. Other types of surface run-off, except from areas used for parking more than 20 cars and from roads and railways.

(2) Local council decisions under subsection (1) above cannot be brought before other administrative authorities.

15. The regional council is the licensing authority in cases involving the discharge of waste water not covered by section 14 above.

16.-(1) In respect of applications for the establishment of infiltration plants in cases where the clearance distance between the infiltration plant and watercourses, lakes or the sea is less than 25 m, sections 13, 14 and 15 hereof shall apply correspondingly.

(2) In the processing of applications for the licensing of infiltration plants pursuant to subsection (1) above, it should be ensured that the following requirements are met:

1. That the hydrogeological conditions are such that discharge may in all probability take place without the risk of polluting water abstraction plants; and
2. That discharge will not result in pollution of ground water resources that can be used for water abstraction.

(3) Local council decisions under subsection (1) above cannot be brought before other administrative authorities.

17.-(1) The licensing authority shall define the required capacity of the waste water system in the discharge licence.

(2) In the case of competence disputes between the local council and the regional council, the regional council shall be the licensing authority.

(3) Regional council decisions under subsection (2) above cannot be brought before other administrative authorities.

PART 8

18.-(1) Waste water treatment plants with an approved min. capacity of 2,000 p.e. that discharge to watercourses and lakes shall no later than 1 January 2006 comply with the requirements set out in section 19 for organic substances measured as BOD₅ and COD.

(2) Waste water treatment plants with a min. approved capacity of 5,000 p.e. shall comply with the requirements set out in section 19 for phosphorus and organic substances measured as BOD₅ and COD.

(3) Waste water treatment plants with an approved capacity of more than 15,000 p.e. shall comply with the requirements set out in section 19 for phosphorus, nitrogen and organic substances measured as BOD₅ and COD.

(4) The issuing of new licences for the discharge of waste water from treatment plants with a min. approved capacity of 5,000 p.e. is subject to the requirements set out in section 19 for phosphorus, nitrogen and organic substances measured as BOD₅ and COD in cases concerning:

1. The establishment of a new waste water treatment plant; or
2. An increase in the approved capacity of the plant.

19.-(1) Unless lower concentrations are stipulated in a discharge licence or are required pursuant to section 30 of the Act, the proportion of the following substances present in waste water effluent subject to section 18 above shall be reduced to the following values:

1. Organic substances COD................................................. <75 mg/l
2. Organic substances BOD₅ (modified)...............................<15 mg/l
3. Total nitrogen N...............................................................<8 mg/l
4. Total phosphorus P..........................................................<1.5 mg/l

(2) Compliance with the emission limit values specified in subsection (1) above shall be verified using the guidelines for monitoring substance transport established in the current Danish Standard for the examination of waste water and on statistical calculations based on discharge data.

(3) The verification process described in subsection (2) above shall be based on a 12-month inspection period during which at least 12 flow-weighted 24-hour samples are taken at regular intervals, but see subsection (4), below.

(4) However, the monitoring of waste water treatment plants with a min. approved capacity of 50,000 p.e. shall be based on a 12-month inspection period during which at least 24 flow-weighted 24-hour samples are taken at regular intervals.

PART 9

20.-(1) This Part of the Statutory Order governs the issuing of discharge licences to major industrial enterprises discharging an annual load of min. 22 tonnes of nitrogen or min. 7.5 tonnes of phosphorus to watercourses, lakes and the sea.

(2) The regional council is the licensing authority in cases involving the connection of enterprises in the category defined in subsection (1) above to the outfall of a public waste water system, provided that the connection is made downstream of the public waste water treatment plant.

(3) Waste water connections of the type referred to in subsection (2) above shall, with regard to the enterprise's overall waste water discharge, be deemed separate industrial outfalls as defined by the Act, cf. sections 28(1) and 34(3) of the Act.

21.-(1) Unless the regional plan defines higher quality standards for the receiving waterbody, discharges of nitrogen and phosphorus pursuant to section 20 above shall be reduced to the lowest possible level using the best available techniques, cf. section 4(11) above.

(2) The discharge of nitrogen and/or phosphorus must not impede the achievement of the quality objectives established for the receiving waterbody.

22.-(1) Applications for licences to discharge nitrogen and phosphorus pursuant to Part 9 hereof shall be submitted in writing and accompanied by the following information, with due allowance being made for any variations due to the nature of the individual enterprise or waste water system:

1. A description of the project chosen for the removal or reduction of the nitrogen and/or phosphorus load of the waste water discharged, including a specification of the emission limit values and quantities to which the load can be reduced. A description shall also be given of the measures planned by the enterprise to achieve the lowest possible emission limit values and quantities;
2. Information on the relation of the proposed project to existing alternative technologies and on the economic and financial impact of a reduction in the discharged load of nitrogen and/or phosphorus;
3. A description of the possibility of removing or further reducing the load of nitrogen and/or phosphorus by implementing a technical development project;
4. A description of whether the possibilities of reducing or removing the load of nitrogen and/or phosphorus may be improved by using alternative raw materials or by limiting or discontinuing the production in question;
5. Sufficient information about the accounts and financial position of the enterprise to enable the regional council to determine which of the measures envisaged for removing or reducing the load of nitrogen and/or phosphorus can be implemented.

(2) The application shall be submitted to the local council and subsequently transmitted to the regional council with the local council’s comments.

(3) If the regional council finds the information provided in the application insufficient, the regional council shall notify the enterprise accordingly in writing, specifying the information needed and a deadline for submitting such information.

23.-(1) Decisions by regional councils to license the discharge of nitrogen and phosphorus are subject to section 21 above.

(2) The licence shall contain a description and evaluation of the information given in the application, including the main considerations on which the regional council based its decision to grant the application. The licence shall further establish requirements for the discharge of nitrogen and/or phosphorus and specify the measures of internal control to be undertaken by the enterprise.

PART 10

24.-(1) Direct discharge to the ground water of the substances listed in Schedule 1 is prohibited, unless by percolation through the ground surface or the subsoil, but see subsection (2).

(2) However, the regional council may, for scientific purposes related to the characterisation, protection or rehabilitation of waters, license the discharge to the ground water of the substances listed in Schedule 1, provided that the quantities in which these substances are discharged are strictly limited to those necessary to the scientific purposes concerned and are too small to affect the quality of the receiving ground water.

PART 11

Disposal of waste water from dispersed settlements

25.-(1) For the purposes of this Part 11 of the Statutory Order ‘disposal of waste water from dispersed settlements’ means individual or collective discharge of waste water from properties representing a total waste water load of 30 p.e. or less.

2. Enterprises not subject to licensing under Part 5 of the Act are encompassed by subsection (1) above, provided that:

1. The load of any waste water discharged, except surface run-off, can be expressed in p.e.;
2. The waste water discharged does not contain substances other than those usually present in domestic waste water; and
3. The total waste water load is 30 p.e. or less.

(3) Enterprises subject to licensing under Part 5 of the Act, which also governs the enterprise’s discharge licence, are not encompassed by subsection (1) above, unless

1. The enterprise only discharges domestic waste water and surface run-off; and
2. The total waste water load is 30 p.e. or less.

26.-(1) Licences for the discharge of waste water from dispersed settlements issued by the local council shall as a minimum stipulate the same degree of treatment as that defined for the licensed area in the waste water plan, cf. section 32(1)(iv)-(v).

(2) Enforcement notices issued to properties located in dispersed settlement areas by the local council under the provisions for improved disposal facilities laid down in section 30 of the Act shall as a minimum stipulate the degree of treatment defined for the particular area in the waste water plan, cf. section 32(1)(iv)-(v).

(3) Licences and enforcement notices issued under subsections (1) and (2), respectively, shall stipulate a level of treatment according to the classification described in Schedule 2 hereto.

(4) With regard to enforcement notices concerning the establishment of infiltration plants pursuant to section 30(5) of the Act, the provisions of section 28(5) below shall apply correspondingly.

27.-(1) Enforcement notices under the provisions for improved disposal facilities of section 30 of the Act are issued subject to the following conditions being met:

1. That requirements have been stipulated for the property’s facilities for the drainage and discharge of waste water;
2. That the discharge of waste water from the property increases the pollution of the waters situated below the outfall; and
3. That it has been shown that the waters situated below the outfall are polluted to a degree that prevents compliance with the objectives set out for the area in the regional plan.

(2) Subsection (1)(ii) and (iii) shall not apply to enforcement notices issued to remedy unsanitary conditions caused by the discharge.

PART 12

Discharge of waste water into the ground (infiltration plants)

28.-(1) The local council can license the establishment of infiltration plants capable of serving 30 p.e. or less. The waste water may not contain substances other than those usually present in domestic waste water, nor have a significantly different composition.

(2) Licensing pursuant to subsection (1) above is subject to the following:

1. That no infiltration plant may be established in the exclusion zones defined under section 22 of the Act;
2. That no infiltration plant may be established at a distance of less than 300 m from an abstraction plant required to produce water of drinking water quality;
3. That no infiltration plant may be established at a distance of less than 150 m from an abstraction plant not required to produce water of drinking water quality;
4. That no infiltration plant may be established at a distance of less than 25 m from watercourses, lakes or the sea, cf. section 16 above.

(3) In cases where the hydrogeological conditions are such that discharge into the ground can, in all probability, take place without the risk of polluting water abstraction plants, the clearance distance between the infiltration plant and abstraction plants of the type referred to in subsection (2)(iii) above and abstraction plants that supply or are designed to supply less than 10 households and are required to produce water of drinking water quality may be reduced to 75 m;

(4) Before issuing a licence pursuant to subsection (3) above, the local council shall obtain the opinion of the regional council.

(5) Before granting a licence, the local council shall ensure that the following conditions are fulfilled:

1. That soil analysis has proved that the subsoil of the property allows percolation;
2. That the infiltration plant is dimensioned, located and constructed in a manner that prevents surface run-off, unsanitary surface conditions or any other nuisance;
3. That prior to entering the infiltration plant the waste water is passed through a settling tank;
4. That the infiltration plant, together with the associated drainage facilities, is designed and operated in accordance with the guidelines established by the authorities;
5. That the infiltration plant incorporates seepage drains; and
6. That, where possible, the base of the infiltration plant is placed 2.5 m and in no circumstances less than 1 m above the highest ground water table.

(6) In cases where the clearance distance from the infiltration plant to watercourses, lakes or the sea is less than 25 m, section 16 above shall apply to decisions made by the local council under section 28(1).

29.-(1) The local council can license the discharge of surface run-off to an infiltration plant subject to the following:

1. That the surface water entering the infiltration plant does not include run-off from public roads or from areas used for parking more than 20 cars;
2. That the infiltration plant is not used for domestic waste water or industrial process waste water;
3. That the infiltration plant is dimensioned, located and constructed such as to prevent surface run-off, unsanitary surface conditions or any other nuisance;
4. That the clearance distance between the infiltration plant and water abstraction plants supplying water of drinking water quality is at least 25 m;
5. That the clearance distance from watercourses, lakes or the sea is at least 25 m, cf. section 16.

(2) In cases where the clearance distance from the infiltration plant to watercourses, lakes or the sea is less than 25 m, section 16 above shall apply to decisions made by the local council under section 29(1).

30.-(1) The regional council can license the discharge of waste water to infiltration plants in cases where the local council is not the licensing authority pursuant to sections 28-29.

(2) Regional council decisions pursuant to subsection (1) above must not conflict with the water supply, waste water, regional and municipal plans applying to the area. Licensing is subject to the following:

1. That the hydrogeological conditions are such that discharge into the ground may, in all probability, take place without the risk of polluting water abstraction plants;
2. That discharge into the ground will not cause pollution of ground water resources that are exploitable for water supply purposes;
3. That discharge into the ground will not prevent compliance with the guidelines for the quality of watercourses, lakes and the sea established in the regional plan;
4. That the clearance distance from watercourses, lakes and the sea is at least 25 m;

(3) In cases where the clearance distance from the infiltration plant to watercourses, lakes or the sea is less than 25 m, section 16 above shall apply to decisions made by the regional council under section 30(1).

31.-(1) The regional council may empower the local council to license the establishment, within a specified area, of infiltration plants having a capacity of 30 p.e. or less, subject to the provisions of section 30(2). The waste water may not contain substances other than those usually present in domestic waste water, nor have a significantly different composition.

(2) In connection with decisions made pursuant to subsection (1) above, the clearance distance requirements set out in section 28 (2)(i)-(iii) may only be relaxed if a hydrogeological assessment shows that exploitable ground water resources will not be polluted.

(3) In connection with decisions made pursuant to subsection (1) above, the regional council shall further stipulate conditions in respect of the following:

1. The design and siting of the infiltration plants, including the clearance distance between individual infiltration plants;
2. The clearance distance between the infiltration plants and watercourses, lakes, ditches, drain pipes systems or the coast;
3. The clearance distance between the infiltration plants and the ground water necessary to ensure the appropriate functioning of the infiltration plants. Certain measures may be needed to establish the necessary clearance distance, e.g. lowering the ground water table or filling up low-lying areas.

(4) The regional council can modify or revoke decisions made pursuant to subsection (1) above.

(5) Regional council decisions under subsections (1) and (4) above cannot be brought before other administrative authorities.

32.-(1) Applications concerning the establishment of infiltration plants shall be submitted to the local council.

(2) In cases where the regional council is the licensing authority, the local council shall refer the application to the regional council accompanied by the local council's comments.

33.-(1) Local council decisions made pursuant to sections 28 and 29 cannot be brought before other administrative authorities.

(2) Regional council decisions under section 30 above cannot be brought before other administrative authorities in the following cases:

1. The granting or refusal of an application for a licence to discharge waste water into an infiltration plant with a capacity of 30 p.e. or less, in cases where the waste water does not contain substances other than those usually present in domestic waste water, nor has a significantly different composition; or
2. The granting or refusal of an application for a licence to discharge surface run-off into an infiltration plant, except run-off from public roads, railways or areas used for the parking of more than 20 cars.

20.4 PART 13

34.-(1) Upon obtaining the opinion of the District Medical Officer of Health and the District Veterinary Inspector, the regional council can license the discharge and spraying of waste water on the surface of the ground for non-agricultural purposes.

(2) Licensing pursuant to subsection (1) above cannot be granted if the discharge or spraying of waste water involves a risk or may cause -

1. Pollution of ground water;
2. Pollution of surface water;
3. Health hazards to humans or animals;
4. Nuisance to neighbours;
5. Surface run-off.

(3) Applications for licensing pursuant to subsection (1) above shall be submitted to the local council, which shall refer the application to the regional council accompanied by the local council's comments.

35. The regional council's refusal of applications made pursuant to section 34(1) cannot be brought before other administrative authorities.

36.-(1) Cases involving doubt as to whether the discharge or spraying of waste water on the surface of the ground is for agricultural or non-agricultural purposes shall be referred to the Danish Environmental Protection Agency.

(2) The Danish Environmental Protection Agency's decisions under subsection (1) above cannot be brought before other administrative authorities.

PART 14

37.-(1) The local council can license the discharge of domestic waste water, human waste or surface run-off from single properties with one or two households to holding tanks wholly or partly buried in the ground, subject to the following:

1. That the holding tank is type-approved by the Danish Approval Committee for testing oil tanks ("Prøvningsudvalget for Olietanke") , cf. Statutory Order on the supervision of oil storage facilities issued by the Ministry of Environment and Energy in force at any time.
2. That the holding tank is deemed by the licensing authority to fulfil similar quality criteria for the storage of domestic waste water, human waste or surface run-off;
3. That the holding tank can be approved by the licensing authority for inclusion in a toilet system whose operation requires the tank to be completely watertight (vacuum systems); or
4. That the holding tank is made of concrete and built by a qualified sewerage contractor in accordance with a design approved by the licensing authority.

(2) The holding tank shall be sited on the property.

(3) If an abstraction plant for drinking water is installed on the property, licensing is subject to the following:

1. Where the abstraction plant supplies or is designed to supply at least 10 properties, the holding tank shall be placed at a distance of at least 50 m from the plant;
2. Where the abstraction plant supplies or is designed to supply less than 10 properties, the holding tank shall be placed at a c distance of at least 30 m from the plant;
3. Where the abstraction plant supplies or is designed to supply a single property, the holding tank shall be placed at a distance of at least 15 m from the plant.

(4) The clearance distance of the holding tank from other abstraction plants shall be at least 15 m;

(5) The clearance distance of the holding tank from roads and the property boundary shall be at least 2 m.

(6) The capacity of the holding tank shall be appropriate to the desired emptying frequency and the inflow of domestic waste water, human waste or surface run-off. The tank shall be sited and installed with easy access for emptying.

(7) Prior to licensing the establishment of a holding tank, the local council shall ensure that the tank will not expose humans or animals to health hazards, nor create nuisance to neighbours;

(8) Prior to licensing the establishment of a holding tank on a property not covered by a municipal collection scheme, it shall be verified that the tank will be appropriately emptied by vacuum tanker, and that a contract has been concluded with the local council for the direct transfer of the contents of the tank to a waste water treatment plant in accordance with instructions given. However, this provision shall not apply if a licence for full or partial reuse of the domestic waste water has been granted, in which cases subsection (9) below shall apply correspondingly.

(9) Prior to licensing the establishment of a holding tank for human waste and surface run-off, the local council shall ensure that the tank will be emptied and its contents transported and finally disposed of in an appropriate manner. The application submitted to the local authorities shall indicate the location for final disposal of the waste water and document that a licence for final disposal at the specified location has been obtained.

38.-(1) In cases where the local council is not empowered to grant a licence pursuant to section 37 above, the regional council can license the discharge of waste water and human waste to holding tanks wholly or partly buried in the ground.

(2) In cases where the regional council is the licensing authority pursuant to section 38(1), the provisions of section 37(1)(i)-(iv) and section 37(5)-(9) above shall apply correspondingly, but see subsection (3).

(3) Holding tanks for waste water other than domestic waste water shall be emptied and their contents collected and finally disposed of using a method of transportation and final disposal approved by the regional council. The application submitted to the regional council shall indicate the location for final disposal of the waste water and document that a licence for final disposal at the specified location has been obtained.

39.-(1) In connection with the establishment of aboveground holding tanks for waste water (including domestic waste water) and human waste, section 37(1), section 37(5)-(9) and section 38 above shall apply correspondingly.

(2) The establishment of an aboveground holding tank for surface run-off shall be notified to the local council no later than 3 weeks in advance.

40.-(1) The local council can license the discharge of domestic waste water into a waste water stabilisation pond with no outlet for the treatment of waste water from a single property comprising one or two households.

(2) Prior to issuing a licence under subsection (1) above, the local council shall verify that the waste water stabilisation pond:

1. Has watertight bottom and sides;
2. Is overflow-proof;
3. Poses no health risk to humans and animals;
4. Creates no nuisance for neighbours; and
5. Complies with the requirements for a clearance distance from water abstraction plants, cf. section 37(3 and 4).

41.-(1) In cases where the local council is not empowered to grant a licence pursuant to section 40 above, the regional council can license the discharge of waste water to no-outlet waste water stabilisation ponds.

(2) Licences pursuant to section 41(1) may be granted only if the pond meets the requirements set out in subsection (2). However, the regional council may derogate from the clearance distance requirements according to section 40(2)(v) if it is rendered probable that the establishment of a given pond does not involve any risk of contaminating the water abstraction plant.

42.-(1) Decisions to license the establishment of a no-outlet waste water stabilisation pond with permeable bottom and sides shall be made in accordance with the rules on discharge of waste water into the ground set out in Part 12 hereof.

43. Local council decisions under section 37, section 39(1) and section 40 cannot be brought before other administrative authorities.

PART 15

44.-(1) The local council may decide to arrange for collective disposal of waste water or human waste from settling tanks in all or parts of the municipality. The use of such a disposal scheme is mandatory on all property owners, but see subsections (2) and (3) below.

(2) In the case of waste water systems subject to contractual membership under section 7a of the Act on payment rules for waste water installations etc., the local council is responsible for emptying holding tanks etc. that form a constituent part of the waste water system. The local council may decide to include the emptying of such tanks under the municipal collection scheme.

(3) Use of a municipal disposal scheme for human waste and certain types of waste water discharged into a holding tank in accordance with the rules set out in Part 14 above shall not be mandatory on property owners who have obtained a licence for alternative final disposal or reuse.

(4) Holding tanks forming part of installations covered by subsection (1) above shall be emptied upon the request of the party responsible for ensuring that the tank is emptied within the time limit fixed by the local council and as directed by the local council.

(5) Holding tanks forming part of installations covered by subsection (2) above shall be emptied upon the owner’s submission of a request in accordance with the rules fixed by the local council.

45.-(1) The local council may decide to arrange for collective disposal of sludge from settling tanks in all or parts of the municipality. The use of such a disposal scheme is mandatory on all property owners, but see subsection (2) below.

(2) The local council is responsible for emptying settling tanks that form a constituent part of waste water systems covered by contractual membership under section 7a of the Act on payment rules for waste water installations etc. The local council may decide to include such tanks under the municipal collection scheme described above.

46. As regards the emptying of other drainage facilities, the local council may decide to arrange for collective disposal. The use of such a scheme is mandatory on all property owners.

47. The local council may stipulate different emptying frequencies for the individual settling tanks, drainage facilities, etc. depending on their size, design and/or waste water load.

48.-(1) The local council shall be responsible for the administration and operation of municipal collection schemes.

(2) The local council shall draw up rules and regulations for the collection schemes.

(3) The local council shall ensure that the rules and regulations governing the collection schemes are published in local newspapers widely circulated in the municipality.

49. Decisions made by the local council pursuant to sections 44-48 cannot be brought before other administrative authorities.

PART 16

Other provisions

50. The licensing authority shall keep a register of the licences issued pursuant to this Statutory Order. Registration shall be made with reference to both location and receiving waters.

51.-(1) Conditions can be stipulated in licences issued pursuant hereto, including requirements for internal control measures.

(2) Licences granted hereunder may be limited in time.

PART 17

Supervision and enforcement

52.-(1) The regional council shall supervise public waste water systems discharging into watercourses, lakes or the sea.

53.-(1) The local council shall supervise all waste water systems that are connected to a public waste water system, including the associated outfalls, but see subsection (2) below.

(2) The regional council shall supervise waste water systems that are connected to the outfall from a public waste water system in cases where the connection is made pursuant to section 20(2) hereof.

54. The local council shall supervise waste water systems that are connected to private waste water systems discharging into a public waste water system.

55.-(1) The local council shall supervise private waste water systems discharging into watercourses, lakes or the sea, but see subsections (2) - (5) below.

(2) The supervision of discharges from enterprises whose activities are subject to approval, cf. Statutory Order No. 794 of 9 December 1991 as amended by Statutory Order No. 848 of 30 September 1994 on Approval of Listed Activities shall be organised as follows:

1. The regional council shall supervise discharges from waste water systems installed at enterprises for which the regional authority is the approval authority ("a-labelled enterprises"); and
2. The local council shall supervise discharges from waste water systems installed at enterprises for which the local authority is the approval authority.

(3) The regional council shall supervise discharges from waste water systems installed at enterprises operated by the local council.

(4) The local council shall supervise discharges from waste water systems installed at enterprises operated by the regional council.

(5) The regional council shall supervise discharges from waste water systems installed at enterprises covered by Part 9 of this Statutory Order.

56.-(1) The local council shall supervise private waste water infiltration plants.

(2) The regional council shall supervise public waste water infiltration plants.

57.-(1) The local council shall supervise private waste water holding tanks and private no-outlet waste water stabilisation ponds.

(2) The regional council shall supervise public holding tanks and public no-outlet waste water stabilisation ponds.

58.-(1) The regional council shall draw up surveys of the state of pollution of each of the receiving waters, the type and volume of waste water discharged and the objectives formulated in the regional plan's guidelines for the quality and use of each receiving waterbody.

(2) Upon request, these surveys shall be made available to the relevant local council and to the Danish Environmental Protection Agency.

59. All other aspects of supervision and enforcement shall be governed by the provisions laid down in Part 9 of the Act.

PART 18

Penalties

60.-(1) Unless heavier penalty is warranted by other legislation, the following shall be deemed offences punishable by a fine -

1. Unlicensed discharge of waste water at locations where a discharge licence issued hereunder is required;
2. Violation of conditions stipulated in a discharge licence issued hereunder;
3. Violation of section 19 hereof, cf. section 18;
4. Failure to notify the local council pursuant to section 39 hereof; or
5. Failure to comply with prohibition or enforcement notices.

(2) Rules and regulations issued by a local council pursuant to Part 15 hereof may include a provision to the effect that violation of such rules and regulations shall be punishable by a fine;

(3) The penalty may be increased to detention or imprisonment for up to 2 years if the violation was committed intentionally or through gross negligence, and if the violation -

1. Caused detrimental or potentially detrimental environmental effects; or
2. Produced or was intended to produce a financial return for the person in question or for others, including by the saving of costs.

(4) Companies etc. (legal entities) can be held liable under Part 5 of the Danish Penal Code, cf. section 110(4) of the Act.

PART 19

Entry into force

61.-(1) This Statutory Order enters into force on 1 July, 1999.

(2) Statutory Order No. 310 of 25 April 1994 issued by the Ministry of Environment and Energy on the Licensing of Waste Water Discharges Pursuant to Parts 3 and 4 of the Environmental Protection Act is hereby repealed.

62. Waste water plans or waste water plan supplements drawn up pursuant to Statutory Order No. 310 of 25 April 1994 on the Licensing of Waste Water Discharges Pursuant to Parts 3 and 4 of the Environmental Protection Act shall continue in full force and effect until superseded by waste water plans or waste water plan supplements drawn up pursuant to this present Statutory Order.

63.-(1) Regulations issued pursuant to Statutory Order No. 310 of 25 April 1994 on the Licensing of Waste Water Discharges Pursuant to Parts 3 and 4 of the Environmental Protection Act shall continue in full force and effect until superseded by regulations issued pursuant to this present Statutory Order, unless otherwise provided herein.

(2) Any violation of such regulations shall be punishable under the provisions of this present Statutory Order. However, violations committed before the entry into force of this Statutory Order shall be punishable under the rules applicable at such time.

Ministry of Environment and Energy, 21 June, 1999

Svend Auken

/Jesper Hermansen

¹ The Statutory Order contains provisions implementing Council Directive EEC 91/271, Official Journal 1991 L 135, p. 40, and Council Directive EEC 80/68, Official Journal 1980 L 20, p. 43, Commission Directive 98/15/EC, Official Journal 1998 L 67, p. 29. [back]