The Ministry changes its mind, and businesses are lost. Is it permissible to spread sewage on the surface?

• In the opinion of the Ministry of Infrastructure from May this year, the law does not provide for the possibility of distributing treated sewage on the ground surface.
• Previously, as our reader notes, the interpretation was diametrically different.
• - This puts entrepreneurs who introduce such solutions to the market in a difficult situation - adds Artur Stadnik, emphasizing that properly treated sewage does not pose a bacteriological threat and that it is used primarily for irrigation of water-loving plants.

We wrote about technologies involving systems for "surface management" of sewage from domestic sewage treatment plants, for example, by spraying it on the ground, on July 10th. Early last year, Polish Waters sent an interpretation to water supervisors stating that sealed tanks and sewage spraying devices do not require a water permit – they are not "devices or structures used to shape or use water resources." Thus, they allowed the use of such sprinklers in a simplified manner. One of our readers warned: "it's a microbiological hazard."

Last fall, Polish Waters requested a further interpretation of the regulations from the Minister of Infrastructure. In response, the Ministry of Infrastructure, in a letter dated May 2025, stated that, under the current Water Law, it is not possible to use treated wastewater from a domestic sewage treatment plant for irrigation purposes using irrigation systems, sprinklers, or surface drainage systems.

The Ministry, citing the opinion of its legal team, stated that this results from the very content of the provisions of the Water Law:

Sewage is discharged into the ground, and the only possibility of spreading it onto the ground surface is (...) agricultural use of sewage, but it cannot be considered that irrigation of a lawn from a domestic sewage treatment plant using sprinklers is agricultural use of sewage.

The problem is that this wasn't the ministry's first stance. After our article was published, a reader contacted us about this issue. Artur Stadnik is a specialist in small wastewater treatment systems. He admits that the company he represents, JFC, is introducing systems that distribute treated wastewater from a domestic treatment plant over the ground. These systems are sprinklers or drip lines.

And he doesn't believe this is illegal. On the contrary, he blames the chaotic regulations on the Ministry of Infrastructure, which issues contradictory interpretations of the regulations, which Polish Waters then rely on.

"We're dealing with a legal loophole. If something isn't prohibited, it's permitted," says Artur Stadnik, citing a position issued by the Ministry of Infrastructure back in April 2023.

On April 6, 2023, in its first position, the Ministry of Infrastructure stated that devices for surface distribution of treated sewage are not water devices, that they can be used for watering, but no one here is talking about watering fruit, vegetables or even lawns

- he emphasizes and adds that only after this position did Polish Waters issue its opinion.

Stadnik therefore believes that the "confusion" is not the fault of Polish Waters, but of the Ministry of Infrastructure.

"In 2025, by issuing a position based on the opinion of the Department of Legal Affairs, the ministry reversed its approach to the problem. This issue is not addressed in any legal acts. Neither the Water Law, nor the Construction Law, nor the Wastewater Quality Regulation prohibit, but neither do they allow, the use of treated wastewater for irrigation," he notes.

He explains that the regulation on the quality of sewage discharged into the ground or water specifies specific permissible pollution values.

- So, sewage with specific parameters specified in the regulation can be introduced into a watercourse and then there is no microbiological threat, but the same sewage cannot be poured onto the ground surface, spraying non-food plants, because it poses a microbiological threat to animals and humans? - he asks rhetorically.

Our reader also disagrees with the comparison made by the ministry between the surface spreading of treated sewage and the agricultural use of raw sewage for land fertilization.

We cannot scare people with microbiological threats when they use treated sewage to water various types of non-food, water-loving plants that grow on the plots of households.

- says the specialist.

He emphasizes that treated sewage sprinklers are not used in vegetable gardens or even lawns. Due to their high nitrogen levels, they are best suited for certain ornamental plants. He adds, however, that much depends on the operation of the home treatment plant. If it is used and maintained according to regulations, the quality of treatment is very high.

"The biochemical processes that occur in wastewater treatment plant bioreactors remove over 90% of various types of viruses and pathogenic bacteria. Leaking tanks pose a threat to the environment, and that's where E. coli bacteria appear. However, treated wastewater may contain only residual amounts," he emphasizes.

He also cites the opinion of Prof. Krzysztof Chmielowski, PhD, DSc, Eng., from the Hugo Kołłątaj University of Agriculture in Kraków. It reads:

Treated wastewater can be successfully used to sprinkle plants to irrigate them. This is crucial, especially since we are facing another hydrological drought. Using treated wastewater, which contains nitrogen and phosphorus, is a good solution. Just remember not to irrigate plants intended for consumption (vegetables, fruit). However, it can be successfully used to irrigate lawns and ornamental shrubs.

- writes prof. UR in Krakow.

As a reminder, in 2020, the European Parliament and Council Regulation (EC) No. 2020 on requirements for water reuse (including in agriculture) was published. Poland applied a derogation here, and we have not implemented any greywater reuse beyond individual projects. Meanwhile, agricultural, including surface, reuse of treated wastewater is practiced in countries such as Spain, France, and Italy, provided that certain quality standards are met. In an interview with PortalSamorzadowy.pl, Deputy Minister of Infrastructure Przemysław Koperski assured that the ministry is currently working on adopting regulations that will promote the use of treated wastewater (including in agriculture); this is an important solution in the context of the water crisis we are facing in Poland.

Artur Stadnik adds that entrepreneurs want to operate within the law, but the constant changes in its interpretation seriously disrupt their operations. Therefore, they have sent a letter to the ministry proposing a discussion and joint consultations on the matter.

We have asked both Polish Waters and the Ministry of Infrastructure for their position on this matter. We are awaiting their responses.