Dutch water authority emitted excess nitrogen for years without permit

Waterschap Vechtstromen, the Dutch water authority has been emitting significantly more nitrogen than permitted for years due to an administrative failure, as the Netherlands simultaneously faces a nationwide backlog of at least 1,000 unreviewed water discharge permits ahead of a key European environmental deadline.

Waterschap Vechtstromen said it failed to secure a final nature permit for an energy plant in Hengelo, despite completing most of the application process in 2018. The plant, opened in 2022 at a wastewater treatment site, generates about 12 million kilowatt-hours of electricity annually from residual materials but produces nitrogen emissions that have nearly tripled, according to a spokesperson.

The authority recently discovered that “the final administrative step in that process was not completed at the time,” leaving the facility operating without the required permit.

The province of Overijssel confirmed that “no final decision” was ever recorded on the permit request. “We cannot find it in our system,” the province said, adding it had not monitored compliance because “supervision is based solely on a valid permit.”

Vechtstromen said it is doing “everything possible” to correct the error and plans to submit a new application. However, Overijssel has imposed a permit freeze until at least early 2027 due to nitrogen pollution concerns and the need for ecological restoration. “Despite that complicating factor, we will continue preparations,” a spokesperson said. “This way we can act quickly when space becomes available for a new permit.”

The authority is also examining measures to reduce emissions to within permitted limits, “for example by installing filters.” Shutting down the plant — which supplies electricity to both the treatment facility and 1,750 households — is not under consideration. “The water authority carefully weighs all circumstances, interests and consequences.”

The province declined further comment but noted that enforcement aims to end violations and that closure is “an ultimate measure,” adding it is often more appropriate “to jointly look at how a permittable situation can be achieved.”

Separately, water authorities and environmental agencies across the Netherlands are struggling with a backlog of at least 1,000 discharge permits that must be reviewed before the end of 2027 to meet the European Union’s Water Framework Directive standards.

Infrastructure Minister Karremans called the delays problematic. “I know that there is still an enormous task in updating and assessing discharge permits in the context of the Water Framework Directive,” he said. “Backlogs in updating permits are undesirable, because current permits are needed to regulate discharges adequately.”

Environmental group Natuur & Milieu warned that authorities lack sufficient oversight. “The government has too little insight into what has been permitted and whether permits need to be adjusted to achieve the Water Framework Directive goals. If the chemical quality of the water is not in order, this has consequences for everything that lives in and around the water, but also for the purification of our drinking water and for human health.”

The backlog is partly attributed to staffing shortages and a lack of specialized expertise, exacerbated by an aging workforce and stricter regulatory demands, according to the Unie van Waterschappen.

Business group VNO-NCW said delays are also affecting companies. “The fact that the permit process takes a long time creates uncertainty for businesses. As a result, some companies postpone their investment decisions. We have also raised this issue in the Tweede Kamer.”