On January 1, 2024, the long-awaited Environmental Act went into effect, introducing several significant changes to the regulations governing wastewater discharges. Previously, all regulations regarding discharges were set centrally by the state, but with the Environmental Act, we are seeing a shift toward decentralization. What does this law entail, and what are its implications for companies that discharge wastewater?
With the entry into force of the Environmental Act, the Water Act is repealed, thereby eliminating the general permit requirement. The general discharge ban is no longer in effect. However, regulations have been established regarding discharge routes for activities where the wastewater is expected to have environmental significance. A notable change in the Environmental Act is the shift from company-specific regulations to regulations based on environmentally harmful activities. Previously, all rules applied to a company as a whole, but now they apply specifically to certain activities within a company. Furthermore, until January 1, 2024, all discharge regulations were established by the national government. With the entry into force of the Environmental Act, many regulations have now been decentralized. The national government retains authority only over discharges associated with the most environmentally harmful activities, such as wastewater from the chemical industry, which is regulated under the Living Environment Decree (Bal). For other discharges, municipalities and water boards have the freedom to establish their own regulations within the framework of the Environmental Quality Decree (Bkl).
“The implications of the Environmental Act for wastewater discharges are largely determined by where the water is discharged. Rijkswaterstaat is the competent authority for discharges into national waters, such as major rivers. Water boards are responsible for direct discharges into regional surface waters, while municipalities oversee discharges into the public sewer system and onto and into the soil. The competent authority is also responsible for enforcement tasks related to permit requirements or general regulations.
Some specific changes include:
In contrast to the previous ban on discharging rainwater from greenhouses into the sewer system, the Bal now permits this, with a preference for discharge into surface water. However, municipalities and water boards have the freedom to establish different, tailored regulations.’
With the Environmental Act taking effect on January 1, 2024, far-reaching changes have been implemented in the regulations governing wastewater discharge. The decentralization of discharge regulations, the specific requirements for operating instructions, and the flexibility granted to municipalities and water districts to implement tailored solutions are just a few of the key aspects of this new legislation. It is essential that companies discharging wastewater are aware of these changes and comply with the new requirements to remain both environmentally responsible and in full compliance with the law.
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