Wastewater Discharge Permit Application

Illegal discharges into the environment, causing serious pollution, were a pressing problem in our country for a long time. To address this, the competent authorities have tightened controls and introduced strict penalties for violations.

Applying for a permit to discharge wastewater into water sources is a mandatory procedure for businesses and project owners, designed to keep discharge activities within the carrying capacity of the environment.

So what do businesses need to know when applying for a permit to discharge wastewater into water sources? Let's explore these key points with Hop Nhat, an environmental company!

Article contents:

Application dossier for a permit to discharge wastewater into water bodies

All production, business and service activities that discharge into water sources at a flow rate of 10 m³/day or more must apply for a discharge permit. The application dossier includes:

Application form for a permit to discharge wastewater into water bodies
If wastewater is not yet being discharged, a discharge plan must be provided together with the operating procedure of the treatment system. If wastewater is already being discharged into the water source, a report on the current discharge status must be provided, along with the operating procedure.
Water quality analysis results for the receiving water source at the discharge point. If wastewater is already being discharged, analysis results of the wastewater before and after treatment must also be submitted. All results must be no more than 3 months old at the time of submission.
Layout plan of each location within the wastewater treatment area

For individuals and organizations that do not yet have wastewater treatment works, the discharge permit application dossier must be prepared during the investment preparation stage.

Discharge permit procedure

As with the procedure for permits to explore, abstract and use water resources, the procedure for obtaining a discharge permit is set out in Article 35 of Decree No. 201/2013/ND-CP as follows:

Step 1: Receiving and checking the dossier

The individual or organization applying for a discharge permit submits 2 sets of the dossier and the appraisal fee to the receiving authority. In addition, for cases under the licensing authority of the Ministry of Natural Resources and Environment (MONRE), 1 more set must be submitted to the local Department of Natural Resources and Environment (DONRE) where the works are planned to be located.
Within 10 days of receiving the dossier, the receiving authority is responsible for reviewing and checking it and notifying the applicant if it is invalid. Individuals and organizations receiving such a notice should promptly supplement and complete the dossier to avoid further errors.

Step 2: Appraisal of the plan for discharging wastewater into the water source

Within 30 days of receiving a valid dossier, the receiving authority is responsible for appraising the plan, and may inspect the site or set up an appraisal council. For eligible cases, the receiving authority submits the dossier to the competent authority for licensing. Conversely, for ineligible cases, the receiving authority returns the dossier and gives the reasons for refusing the permit.
Where the plan needs revisions to be completed, the receiving authority sends a written notice specifying the content to be changed or supplemented. This time is not counted towards the appraisal period for the plan or report. Once the plan has been fully supplemented, the appraisal takes 20 working days.
Where the plan must be redone, the receiving authority sends a written notice specifying the content that does not meet the requirements and returns the dossier.

Step 3: Issuing the result

Within 5 days of receiving the permit from the competent authority, the receiving authority notifies the organization or individual to fulfil their financial obligations and collect the permit.

Applying for a permit to discharge wastewater into water sources

Procedures for extending, amending and reissuing a wastewater discharge permit

For requests to extend, amend or reissue a permit, businesses should follow the process below:

Step 1: Receiving and checking the dossier

Organizations and individuals applying to extend, amend or reissue a wastewater discharge permit must submit the dossier and fees again, in the same way as when first applying for a discharge permit.
Within 5 days, the receiving authority reviews and checks the dossier and notifies the applicant if it is invalid.

Step 2: Appraisal of the plan for permit extensions and amendments

Within 25 days of receiving a valid dossier, the receiving authority is responsible for appraising the plan or report, or inspecting the site and setting up an appraisal council. For cases that meet the requirements, the authority submits them to the higher competent authority for licensing. Otherwise, ineligible cases have their dossier returned along with the reasons for not extending or amending the permit.
Where the plan needs revisions to be completed, the receiving authority sends a written notice specifying the content to be supplemented. The appraisal period after the dossier has been fully supplemented is 20 working days.
Where an individual or organization must redo the plan or report, the receiving authority sends a notice specifying the content that does not meet the requirements and returns the dossier.

Step 3: Issuing the result

Within 5 days of receiving the permit from the competent authority, the receiving authority notifies the individual or organization to fulfil their financial obligations and collect the permit.

Rights and obligations of discharge permit holders

Article 38 of the Law on Water Resources 2012 sets out the rights and obligations of individuals and organizations granted a permit to discharge wastewater into water sources as follows:

Rights:

To discharge wastewater into water sources in accordance with regulations
To have their lawful rights and interests protected by the State
To be compensated by the State if the permit is revoked before its expiry for reasons of national defence and security, or national and public interests
To demand compensation from organizations or individuals whose actions damage their lawful rights and interests in relation to discharge
To apply for permit extension, a change of term or amendment of content as prescribed by law
To return the discharge permit in accordance with the law
To transfer, lease, bequeath or mortgage the assets invested in the discharge works
To file complaints or lawsuits against acts that violate their lawful rights and interests in relation to discharge

Rights always come with obligations. Accordingly, organizations and individuals licensed to discharge wastewater into water sources are responsible for:

Strictly complying with water resource regulations and the content stated in the permit
Fulfilling financial obligations as prescribed
Ensuring that wastewater treatment meets the applicable standards and technical regulations
Not obstructing or causing damage to the discharge activities of other individuals and organizations
Providing truthful data and information on water treatment and discharge activities
Always ensuring safety and being ready to respond to and remedy pollution incidents
Monitoring water quality and flow rate, and fully and accurately updating wastewater discharge records
Compensating for damage and remedying the incident if unlawful discharge causes harm

With this useful information, businesses and investors will have a clearer overview and be better prepared when applying for a permit to discharge wastewater into water bodies. If you have any questions or face difficulties with environmental compliance dossiers, contact us right away on our hotline 0938.857.768 at environmental consulting services company Hop Nhat for the fastest response!