The permitting regime for water discharge
The return of used water into a water object — discharge — stands in Georgia under a permitting regime: the law on licenses and permits defines three types regarding a surface water object, including the permit for water discharge into a surface water object. The transitional circumstance is that these items enter into force under the law on 1 September 2027 — today's practice rests on environmental decisions. From the very planning of a discharge it should be known which instrument is in force at your time and which comes into force soon.
The place of the discharge permit in the list of types
In the list defined by Article 24 of the law, the water direction contains three items: the permit for water abstraction from a surface water object, the permit for water discharge into a surface water object, and the combined permit. If your technological process takes water and then returns it to the object, what may be required is either a separate discharge permit or — where both operations are carried out on one object — the combined form. In all three cases the structure of the application is the same, which simplifies the preparation of documentation.
The application and attached documents
A permit seeker submits a written application to the issuing authority under the procedure established by the General Administrative Code; the application must satisfy the requirements established by the General Administrative Code and contain an indication of the type of permit and a list of documents. A private-law legal entity and an individual entrepreneur attach extracts from the public registry; a natural person attaches copies of identification documents; a public-law legal entity attaches certified copies of founding documents. The application is accompanied by proof of payment of the permit fee, whose amount is determined by the law on license and permit fees; additional documents may be prescribed only by law. In the separate proceeding on additional permit conditions, copies of the application are transferred to another authority no later than 3 days; the decision is adopted within 15 days of submission; an extension motion may be submitted within 5 days; and the decision goes to the issuing authority within 17 days. A change of data is notified within 7 days.
The issuance rule
The permit issuer adopts a decision under the simplified administrative proceeding — the case is examined within one authority, by a summary act. To avoid repeated inquiry, use the rule of the law: if you already hold a permit for a similar type of action, the issuer does not re-examine the factual circumstances established when the previous permit was issued. For an action by a branch, advance notification is required; demanding a separate permit for the branch is impermissible.
What the transition period means
Before 1 September 2027 the water items of the list are not in force, so current decisions are issued through other instruments. This concerns both sides: the holder of existing documentation must clarify what will happen to its form when the new regime enters into force, and the planner of a new project must decide in which proceeding to engage. The possibility of extension is also provided: where necessary for establishing essential circumstances, the period of the proceeding may be extended by a substantiated decision up to 3 months.
The application for a discharge permit begins with the exact definition of the action: which object, which composition and which regime. An error in these three parameters disrupts the entire proceeding, since the additional permit conditions derive precisely from the nature of the action. The second step is the set of documents: registry extracts or identification documents and proof of the fee — demanding additional documents is limited by law. The third step is the planning of deadlines: the chain of the separate proceeding — 3, 15, 5 and 17 days — is known in advance and must be built into the project schedule.
A final piece of advice: the discharge parameters are fixed in the text of the application exactly as they are in the technological design — an exaggerated parameter itself becomes a source of risk of breach, while an undefined one raises further questions.
In the conditions of the transition period one rule is especially important: before filing, verify which regime is in force on the specific date of your application. A proceeding started shortly before the entry into force of the new items may end precisely at the moment of their activation — and this circumstance must be built into the schedule.
Frequently Asked Questions
Answers to the questions asked most often about water discharge permits.
Which permit covers discharge?
The permit for water discharge into a surface water object; where both operations occur on one object — the combined permit. The items enter into force on 1 September 2027.
What must accompany the application?
Registry extracts or identification documents, founding documents for a public-law entity, and proof of payment of the fee. Additional documents are prescribed only by law.
Within how many days is the additional-conditions issue resolved?
Copies are transferred within 3 days, the decision adopted within 15; an extension motion is submitted within 5 days, and the decision goes to the issuer within 17 days.
May deadlines be extended?
Yes — where necessary for establishing essential circumstances, by a substantiated decision, up to 3 months.
How We Help on Legal.ge
Our team assists in choosing the required form of permit, in assessing the transitional regime, in preparing the application and in the separate proceeding on additional conditions, so that the right to discharge water is obtained in a timely and unhindered manner.
