In today's edition of "Tuesday Mornings for Construction," we continue our discussion of water law, focusing on fees related to water use. Water service fees are a significant aspect of water law, and we will therefore analyze this topic for you today.
Water services are uses of water that go beyond the scope of common, ordinary, and special water uses. They include various activities such as water abstraction, the discharge of wastewater into water bodies or the ground, and other specialized water uses, and in many cases, are subject to a fee.
Water service fees apply to activities such as:
- Water abstraction: both groundwater and surface water. The amount of fees depends on the amount of water abstracted, the type of water, and the purpose of the abstraction;
- Discharge of sewage into water or soil: the fee in this case depends on the type of substances contained in the sewage and their quantity;
- Discharge to water: This applies to rainwater or meltwater. The fee may vary depending on specific conditions;
- Collection of groundwater and surface water for the purposes of breeding and cultivating fish and other aquatic organisms;
- Special use of water: includes the extraction of materials from surface water, cutting down vegetation in water or on the shore, and other activities that affect the aquatic environment.
Fees for water services are established by the Catchment Board, an organizational unit of the State Water Management Authority (Wody Polskie). The fees consist of two components: a fixed fee and a variable fee. The fixed fee is established annually, while the variable fee is established at the end of each quarter. The fee amount depends on the type of water service and is transferred to the entity obligated to pay it. The basis for establishing the fixed fee is a water permit or an integrated permit.
Since 2018, water users have been exempt from the obligation to independently calculate fees under the Water Law, which are calculated by the State Water Management Company (PGW WP). However, the method for obtaining the data necessary to calculate fees for water services is not clearly defined. Ultimately, this will be done based on measuring devices that will enable the measurement of the amount of water withdrawn and the amount of sewage discharged into water or soil. PGW WP has until the end of 2026 to install the aforementioned devices (initially scheduled for the end of 2020).
Currently, in the transitional period until the end of 2026, in accordance with Articles 552 and 522a of the Water Law, the amount of fees for water services will be determined by the PGW WP catchment boards based on the following data:
- data specified in the water law or integrated permit;
- measurements carried out by administrative bodies as part of water management inspections or findings from reviews of water law or integrated permits;
- readings from measuring instruments taken as part of water management control;
- declarations of entities obliged to pay fees for water services, submitted for individual quarters;
- quarterly declarations regarding electricity produced in a hydropower facility, expressed in MWh, submitted by entities obliged to pay fees for water services for the abstraction of water for hydropower plant purposes.
Only for the reduction of natural land retention, the amount of the fee for water services is determined by the commune head, mayor or city president, based on quarterly declarations of entities obliged to pay such fees.
If the fee for water services does not exceed PLN 20, it is not subject to payment and in such a case the PGW WP Catchment Board does not provide the entity using water services with information establishing such a fee.
Any entity that disagrees with the established fee may file a complaint. Failure to pay the fee on time will result in the Director of the River Basin Board issuing an administrative decision, and failure to implement the final decision may result in enforcement of the fee in accordance with the provisions of the Act of 17 June 1966 on Administrative Enforcement Procedures.
As Polish Waters points out, the water usage fee system in Poland is crucial for the sustainable management of water resources. It's worth remembering this and discussing with your contractor whether any fees for using water services have been imposed on the investor in connection with the ongoing or completed investment.
This article is for informational purposes only and does not constitute legal advice.
Legal status as of March 25, 2024
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