National Contact Point for Renewable Energy Sources

The release of sewage into the water and the ground is one of the situations which are recognised as extending beyond common or ordinary water use. Where such an activity takes place in connection with the operation of a biogas plant, it may be necessary to obtain a permit to discharge sewage into water or soil.

The purpose of the permit is to authorise a biogas plant to legally discharge sewage to water or soil.

The functioning of a biogas plant may require securing a permit under the Water Law. This applies for instance to water intake above 5 m³ a day. The aforementioned permit will also be required for instance to discharge industrial sewage containing substances particularly harmful to the water environment to sewage systems owned by third parties.

The above examples must not be treated as a full list of criteria for the requirement to obtain a permit under the water legislation. Every investor should each time undertake an individualised assessment for their project based on the requirements of the Environmental Law and the Water Law.

In most cases, the authority responsible for issuing the permit is the director of the Regional Water Management Board (RZGW) of Polish Waters having jurisdiction over the project. In some cases, the Director of the Executive Board of the Polish Waters Catchment Area (Dyrektor Zarządu Zlewni Wód Polskich) may be the competent authority.

Additionally, if the investor is unsure whether the planned investment requires a water law permit or a water law notification, it is advisable to contact the water supervision authority located closest to the site of the planned investment.

Up to 1 month,
particularly complex cases – up to 2 months from process initiation.

In practice, it can take longer because this does not account for the legal time limits for obtaining approvals or opinions or for any process suspension periods. Furthermore, the decision may be delayed for other reasons, for example for reasons attributable to the party or reasons beyond the control of the authority, such as the need to supplement the documentation.

The permit is issued for a definite period no longer than 10 years.

The fee for granting water consents for the issuance of a water law permit amounts to PLN 286.

The stamp duty for an authorisation is PLN 17.

The stamp duty for a power of attorney is PLN 17.

An appeal against a decision issued by the Director of the Executive Board of the Polish Waters Catchment Area shall be submitted within 14 days from the date of delivery of the decision, including delivery by public notice, to the Director of the Regional Water Management Board of Polish Waters.

An appeal against a decision issued by the Director of the Regional Water Management Board of Polish Waters shall be submitted within 14 days from the date of delivery of the decision, including delivery by public notice, to the President of Polish Waters.

Subsequent available remedies include a complaint to the Provincial Administrative Court, as the next step, to the Supreme Administrative Court.

You can file the application online through the ePUAP service. We recommend that you contact the local branch of Polish Waters (Wody Polskie) before applying to confirm if it processes online applications.