Water and Soil Protection in Poland
- Environment Law in Poland
- Water and Soil Protection in Poland
- Production of Chemicals in Poland
- Gas Emissions and Energy Efficiency in Poland
- Waste Regulation in Poland
- Greenwashing Regulation in Poland
- What is the EU’s CBAM?
- Air Pollution Regulation in Poland
Updated: 19.08.2024
What is the regulatory system regarding pollution and water management?
Water permits in Poland
The first comprehensive group of activities requiring a water permit includes water services.
- According to Article 35(3) of the Water Law Act, water services include:
abstraction of groundwater or surface water, - impoundment, storage, or retention of groundwater and surface water and the use of these waters,
- treatment of groundwater and surface water and their distribution,
- reception and treatment of sewage,
- discharge of sewage into water or soil, including the discharge of sewage into water facilities,
- use of water for energy purposes, including hydropower,
- discharge of rainwater or meltwater into water or water facilities, captured in stormwater or combined sewer systems within the administrative boundaries of cities,
- permanent drainage of land, facilities, or construction excavations, and mining operations, as well as the discharge into water – water from the drainage of land within the administrative boundaries of cities,
- discharge into water or soil of water abstracted and unused.
What is special water use in Poland?
Special water use refers to use beyond common and ordinary use, including:
- drainage of land and crops,
- use of water in ponds and ditches,
- discharge of industrial sewage into the sewer systems of other entities,
- carrying out works on property affecting the reduction of natural land retention,
- water transfers and artificial recharge of groundwater,
- use of water for business purposes.
Permissions for discharging sewage
Permissions for discharging sewage into sewer systems are required only for the discharge of certain hazardous substances to the water environment. Water permits and integrated permits covering water abstraction or sewage discharge are issued by the voivodeship marshal or the starost, depending on the type of activity conducted.
Key prohibitions introduced by Polish water laws
The Water Law establishes many prohibitions and restrictions aimed at protecting water from pollution, including:
- disposal of waste, slurry, or snow from contaminated areas into water,
- locating sewage treatment plants or waste dumps in areas directly at risk of flooding.
In the case of sewage discharge into water or soil, sewage must meet specified quality and quantity requirements and must not contain hazardous substances. Examples of such hazardous substances include:
- dichlorodiphenyltrichloroethane (DDT),
- polychlorinated biphenyls (PCB),
- polychlorinated terphenyls (PCT).
It is also forbidden to discharge sewage directly into water and soil and to dilute sewage with water.
The regulatory authority may require the polluter to take essential remedial actions to restore the environment to its original state and eliminate threats to human health. If remedial actions are taken by the regulatory authority, it may recover the costs of these actions from the polluter.
What are the penalties for not having a permit water or violating water law in Poland?
If an operator does not have the required permit or violates its conditions, the activity may be closed, and the operator fined, restricted in freedom, or arrested. Additionally, an operator without the required permit is subject to increased environmental fees.
Soil and land pollution studies
Soil studies referred to in Polish Environmental Protection Act (POŚ) are of an extraordinary nature. The Regional Director of Environmental Protection (RDOŚ) may, but is not obliged to, order their conduct when deemed necessary to confirm or exclude the occurrence of historical soil pollution.
The costs of such studies are borne by the land user, in accordance with the “polluter pays” principle. These decisions can be issued even if the area has not previously been listed by the starost.
Soil studies
Soil studies must be conducted by accredited laboratories to ensure their reliability and compliance with legal requirements. This requirement aims to raise research standards and protect the environment.
Failure to conduct mandated studies, failure to ensure their conduct by an accredited laboratory, and failure to keep study results for five years are subject to fines.
Remedial actions – remediation
The entity obliged to carry out remediation is usually the current land user. However, they can indicate the polluter, provided that the pollution occurred after taking possession of the land. Identifying the polluter must be proven, and claims can be pursued through civil law.
The primary subject of the remediation obligation is the entity using the environment, which requires demonstrating a direct causal link between the activity conducted and the pollution. It is not enough to simply indicate the entity owning the land.
When the remediation obligation arises in Poland?
The remediation obligation arises upon the detection of exceeding permissible levels of substances posing a risk to health. This obligation continues until fulfilled and does not expire.
In practice, details regarding the moment the obligation arises and the time for its fulfillment depend on the type of soil and the nature of the pollution. Decisions on the remediation plan are crucial in this process.
What are the consequences of breaching remediation provisions?
Violation of the remediation provisions constitutes an offense and may involve failure to comply with a decision issued under the law. Improper execution of these decisions can lead to administrative enforcement, and in the case of its ineffectiveness, the remediation obligation is assumed by the RDOŚ.
FAQ on Environmental Protection: Water and Soil Protection
What is environmental remediation, and how does it apply to water and soil protection in Poland?
Environmental remediation involves removing pollutants from water and soil to restore them to their natural state. In Poland, remediation efforts are guided by federal law and the Environmental Protection Act.
The process includes soil studies conducted by accredited laboratories to ensure compliance with legal standards. If pollutants are detected, remedial actions are mandated to eliminate threats to human exposure and restore drinking water and surface waters.
What are the current remediation strategies for protecting water quality and soil in Poland?
Current remediation strategies in Poland include treatment and distribution of ground water and surface water, discharge of sewage into water or soil, and water transfers. These strategies are regulated under the Water Law Act and require water permits for activities like sewage discharge and industrial water use.
Government and regulatory authorities enforce these regulations to prevent contamination and protect water quality in rivers, lakes, and streams.
What are the legal requirements for discharging sewage in Poland?
In Poland, discharging sewage requires specific permits under the Water Law Act. Permissions are needed for discharging hazardous substances to protect navigable waters and riparian jurisdictions.
Failure to obtain the required permits can result in fines, restricted freedom, or arrest. The Clean Water Act also mandates compliance with quality and quantity requirements to ensure that pollutants do not affect public rights or cause contamination.
What are the consequences of breaching remediation provisions and water law in Poland?
Breaching remediation provisions and water law in Poland can lead to administrative enforcement and penalties. Operators without the required water permits face fines, increased environmental fees, and possible arrest.
The regulatory authority may also mandate remedial actions to restore the environment. These actions, governed by the Environmental Protection Act and Water Law Act, ensure that pollutants are removed from agricultural land and riparian systems to protect human health and environmental quality.
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