Wastewater levy; submission of a declaration to determine or request an offset for large discharges and stormwater

The discharge of treated wastewater and precipitation water is subject to levy. If the levy is not determined above the limits set in the water law notice, the person liable for the levy may declare to the competent authority.

Description

A wastewater levy is charged for the discharge of wastewater into a body of water or the placing of wastewater underground.

The amount of the wastewater levy depends on the harmfulness of the wastewater and is intended to create an incentive for better treatment measures.

In principle, anyone who discharges wastewater into a body of water or allows it to seep into the subsoil is liable for the wastewater levy. Wastewater is defined as sewage and precipitation water. Charges apply to these three areas:

  • Levy for large-scale discharges
  • Levy for precipitation water
  • Levy for small discharges

The district administrative authorities are responsible for setting the levy.

While the wastewater levy for large-scale discharges and stormwater is part of the operating costs of the municipal wastewater disposal system, in the case of discharges from households of less than 8 m3/d of wastewater per day (small-scale dischargers), the respective municipality is liable to pay the levy, which is then passed on to the residents concerned by means of the "Abwälzungssatzung" (bylaws) (for more information, see "Related topics").

If the levy is not determined on the basis of the notice pursuant to Section 4 (1) to (3) of the Wastewater Levy Act, the party liable for the levy must provide the information required for the decision and submit the relevant documents to the competent authority.

Expenses incurred for the construction or extension of plants or facilities may be offset against the levy if a corresponding declaration is submitted.

Prerequisites

The declarations for the assessment of the wastewater levy must be submitted by the operator of a wastewater treatment plant (major discharger) (e.g. companies or municipalities).

An application for offsetting presupposes that the party liable for the levy has to pay or has already paid a levy in the offsetting period and has incurred expenses.

Procedure

The declarations and applications in accordance with the Administrative Regulation on the Wastewater Levy Act and the Bavarian Act on the Implementation of the Wastewater Levy Act (VwVBayAbwAG) can be submitted by the operator of the wastewater treatment plant using the forms provided or by means of the DABay internet application (see under "Online procedure").

The district administrative authority sends the forms or requests the operators of the wastewater treatment plant to submit a declaration via DABay.

The competent district administrative authority then determines the wastewater levy according to the data submitted and issues a notice. This is sent to the applicant in written form.

If necessary, the district administration authority consults the responsible water management office (if applicable, the internet application DABay) and asks to monitor the compliance with the declared values and to report the findings made.

Deadlines

In the case of a declaration of compliance with lower values compared to the assessment, the declaration must be submitted by November 30 before the start of the assessment period (= next calendar year).

In case of a declaration period of less than one year or in the current year, the declaration must be submitted to the competent district administrative authority at least 2 weeks before the declaration period.

Required documents

  • The information in the declaration must be substantiated, if necessary.

    For the purpose of verification, the district administrative authority may require the submission of expert opinions and confirmations by an auditor.

Forms

  • Form, Bavaria-wide: Anträge und Erklärungen nach VwVBayAbwAG
    Please note

    This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

Online procedures

  • Datenverbund Abwasser Bayern (DABay)

    Via the Datenverbund Abwasser Bayern (DABay), those liable to pay the levy can transmit all installations in accordance with VwVBayAbwAG for the large discharger and stormwater levy to the district administration authority online. Registration is required to use the digital process.

Fees

  • none

Legal bases

Remedy

An action may be brought against the wastewater levy notice within one month of notification. The action does not have a suspensive effect.

Related issues

Status:28.10.2022

Responsible for editing:Bayerisches Staatsministerium für Umwelt und Verbraucherschutz

Contains machine translated content. Show the original content

  • Online transactions, Bavaria-wide
  • Online transactions, locally limited
  • Form, Bavaria-wide
  • Form, locally limited
  • Prefillable Form, Bavaria-wide
  • Legal bases, Bavaria-wide
  • Legal bases, locally limited
  • Fees, Bavaria-wide
  • Fees, locally limited
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