Continuing the Topic of Environmental Permits. In the previous post, we discussed integrated permits, and we invite you to read it for more information. In this post, we'll cover additional environmental considerations.
If the scale of the biogas plant's operations does not require obtaining an integrated permit, the investor should consider whether the parameters of their operations will require obtaining permits for:
Discharging wastewater into water or soil 💧;
Waste production ♻️;
Emission of gases or dust into the air 🌫️.
For investors planning to distribute digestate, which is the residual biomass after the biogas production process, it is also necessary to obtain a permit from the relevant Minister of Agriculture for the introduction of organic fertilizers or organic soil improvers to the market 🌱.
Permit for Discharging Wastewater into Water or Soil 💧
Discharging wastewater into water and soil is considered to be beyond the scope of common or ordinary water use. When such actions are performed in connection with the operation of a biogas plant, it may be necessary to obtain a permit for discharging wastewater into water or soil.
Purpose of the Decision 🎯
The purpose of the decision is to ensure the legal discharge of wastewater into water or soil in connection with the operation of the biogas plant.
When is the Decision Required? 📅
Operating a biogas plant may necessitate obtaining a water law permit, particularly if water consumption exceeds 5 m³ per day. A water law permit is also required for discharging industrial wastewater containing particularly harmful substances into sewer systems owned by other entities.
The above examples do not exhaust the full range of conditions requiring a water law permit. Therefore, investors should individually assess their projects based on the requirements of the Environmental Protection Law and the Water Law.
Authority Responsible for Issuing the Decision 🏢
In most cases, the authority responsible for issuing the water law permit is the Director of the Regional Water Management Authority relevant to the location of the investment. In some cases, the authority is the Director of the Catchment Area Water Management Authority.
Duration of the Proceedings ⏳
1 month
Particularly complicated cases: 2 months from the date of initiation of proceedings.
In practice, this period may be longer, as it does not include the time required for obtaining agreements, opinions, or suspension periods of the proceedings. Additionally, the issuance of the decision may be delayed for other reasons, such as the fault of the applicant or reasons beyond the control of the office, such as the need to supplement documentation.
Validity Period of the Permit 📜
The permit is issued for a specified period, not exceeding 10 years.
Fees for Issuing the Decision 💵
The fee for issuing a water law permit is 237.87 PLN.
The administrative fee for power of attorney is 17 PLN.
How to Appeal? 📨
An appeal against the decision issued by the Director of the Catchment Area Water Management Authority must be submitted within 2 weeks of receiving the decision to the appropriate Director of the Regional Water Management Authority. An appeal against the decision issued by the Director of the Regional Water Management Authority must be submitted within 2 weeks of receiving the decision to the President of the National Water Management Authority. Subsequently, a complaint can be filed with the Voivodeship Administrative Court and the Supreme Administrative Court.
Can the Application be Submitted Electronically? 💻
The application can be submitted electronically via ePUAP. However, it is recommended to contact the relevant Water Authority office beforehand to confirm whether electronic submissions are being processed.
Summary 📋
Operating a biogas plant requires obtaining various environmental permits, such as permits for discharging wastewater into water or soil, waste production, and gas emissions. Water law permits are particularly crucial for the legal operation of a biogas plant. The process of obtaining permits can be time-consuming and involves fees, so it is recommended to thoroughly understand the legal requirements and contact the relevant Water Authority in advance. Complying with these requirements ensures regulatory compliance and environmental protection 🌍.
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