Permit for the discharge of waste water containing particularly hazardous substances into the sewerage system

containing particularly hazardous substances discharged into the sewerage system

Where to deal with this matter:

Plzeňská 134, Příbram I (Natura Building), 1st floor, Environment Department

Basic information:

A permit from the water authority is required for the discharge of waste water into the sewerage system where there are reasonable grounds to believe that it may contain one or more particularly hazardous substances (Section 39(3) of the Water Act).

Processing time:

In straightforward cases, without delay; in other cases, within 60 days; and in particularly complex cases, within 90 days of the commencement of proceedings.

Who is entitled to submit an application, notification, etc.:

The owner or occupier of the property from which the discharge takes place.

Other parties to the proceedings:

• the sewerage operator,
• the local authority,
• the river basin authority (if the decision could affect water conditions in the river basin),
• or others, as applicable.

Form – where to obtain it:

A hard copy of the application form can be obtained from the Department of the Environment and on the town’s website.

Download here:

Legislation governing the procedure:

• Act No. 500/2004 Coll., the Administrative Procedure Code
• Act No. 254/2001 Coll., on Water
• Decree No. 183/2018 Coll., on the requirements for decisions and other measures of the water authority and on the documents to be submitted to the water authority

Procedure under the Code of Administrative Procedure:

The permit is issued through administrative proceedings.

Requirements for the application:

Under the Water Act:

Section 39a
(1) An application for the determination of conditions for the use of harmful substances or for authorisation of an exemption regarding the use of harmful substances shall, in addition to the general requirements under the Code
of Administrative Procedure, contain: a) a basic description of the use of harmful substances, its scope and purpose; and
b) identification details of the site where the hazardous substances are to be used.
(2) The application shall
include a) the opinion of the river basin authority,
b) a statement from the relevant watercourse authority, if the watercourse is to be affected by the use of hazardous substances,
(c) identification details and safety data sheets for the hazardous substances, where available, and a justification for the selection and quantity of the hazardous substances in relation to the purpose of the exemption;
(d) a water management licence pursuant to Section 8(1)(e), unless this is applied for at the same time as the application for an exemption, and proof that the applicant is authorised under Section 8(2), or that the authorised person has permitted the applicant to exercise the terms of their authorisation, if the authorisation was issued to another person,
(e) in the case of an application for the setting of conditions for the use of harmful substances under Section 9(7) or for the granting of an exemption concerning the use of harmful substances for fish feed and for the treatment of surface water in reservoirs intended for fish farming, the following
shall also be required: 1. a water management licence, unless this is applied for at the same time as the application for an exemption, and proof that the applicant is an authorised person under Section 8(2) or that the authorised person has permitted the applicant to exercise their licence, where the licence was issued to another person,
2. the results of water analyses in the ponds, where these were ordered by a previous decision on an exemption and were not submitted to the regional authority on an ongoing basis,
3. a statement from the regional public health authority, if the reservoir is included in the list drawn up in accordance with the Public Health Protection Act48), and
4. an estimate of the species composition of the pond’s fish stock; and
f) in the case of an application for an exemption concerning the use of hazardous substances within the framework of approved remediation technologies, a detailed project plan for the remediation works, which must clearly
set out 1. the quantity of hazardous substances to be applied in each stage and over the entire duration of the remediation,
2. a description of the use of hazardous substances; and
3. identification of the site of use, consisting of the designation of the application sites with an indication of the parcel numbers of the land.

 Administrative (or other) fee:

Not specified.

Remedies:

The proper remedy is an appeal. The decision issued contains instructions on how to appeal, specifying the time limit within which an appeal may be lodged, the authority to which it should be addressed, and where the appeal may be lodged.