Environmental law

 

Discharge or percolation of wastewater requires a licence from the authorities. A business wishing to be established in Denmark will thus need to apply for a licence to discharge wastewater usually in connection with an application for a construction licence.

 

In general, licences for the discharge of wastewater will – based on a wastewater plan – be issued by the municipalities pursuant to the Environmental Protection Act and the Executive Order on Wastewater.

 

Consequently, the municipalities will decide whether a business will be connected to the public wastewater system or whether the business will be allowed to discharge its wastewater through its own discharge pipe into any watercourse, lake or the sea.

 

In the event of heavily polluting businesses, it will, however, be for the relevant State Environment Centre to decide whether a business may obtain a licence for its own wastewater discharge pipe into any watercourse, lake or the sea.

 

Furthermore, in connection with a wastewater licence, the authorities are to fix limit values for any substances, including any substances injurious to the environment, contained in the wastewater from the business. The authorities may also impose requirements as to the amounts of water, primary treatment, temperature and pH values as well as requirements for analyses and self-monitoring, etc. The requirements for the treatment and/or discharge of wastewater by businesses will be determined depending on the sensitivity of the waters that will eventually be receiving the wastewater following treatment.

 

As for large industrial wastewater treatment plants discharging large amounts annually of nitrogen or phosphor into watercourses, lakes or the sea, special requirements for the reduction of phosphor or nitrogen are imposed through the BAT principle and the discharge of those substances may not form any obstacle to the fulfilment of the objective aimed at for the waters in question.

 

If a business is connected to the public wastewater system, a fee will be charged according to the Danish Act on payment rules for wastewater systems etc. The current fees will be fixed annually by the municipalities – and are to cover the costs incurred by the public wastewater systems for operating and renovating sewers and treatment plants. The fee is also intended to have a behavioural effect in that it is charged per cubic metre water consumed.

 

We provide assistance to private companies in that relation – primarily in terms of applying for licences, determining the legal requirements to be laid down as regards discharge levels of various substances and self-monitoring, etc.