§ 1 Legal form, name, registered office

(1) The Ruhrverband and the Ruhrtalsperrenverein shall be united to form a public corporation with the name "Ruhrverband". The Ruhrverband (Association) is not a regional authority. It serves the common good and the benefit of its members. (

2) The registered office of the Association shall be determined by the Articles of Association.

(3) The Association is authorised to use the small state seal in a modified form.

§ 2 Tasks of the Association

(1) The Association has the following tasks in the Association area:

1. Regulation of water discharge including equalisation of water flow and securing flood discharge of surface waters or watercourse sections and in their catchment areas;
2. Maintenance of above-ground watercourses or watercourse sections and the facilities functionally connected to them;
3. Restoration of developed surface waters to a near-natural state;
4. Prevention, minimisation, elimination and compensation of water management and related ecological changes caused or expected to be caused by impacts on the groundwater level;
5. Procurement and provision of water for drinking and industrial water supply and for the utilisation of hydropower;
6. Wastewater disposal in accordance with the state water law;
7. Disposal of waste arising from the realisation of the association's tasks;
8. Prevention, minimisation, elimination and compensation of adverse changes to surface water that have occurred or are expected to occur as a result of wastewater discharges or other causes;
9. Determination of water management conditions, insofar as this is necessary for the tasks of the Association.

(2) In the Ruhr, the discharge pursuant to paragraph 1 number 1 shall be regulated from 1 July of each year to 31 March of the following year in such a way that the daily progressive arithmetic mean of five consecutive daily values of the discharge at each cross-section of the Ruhr below the Hattingen gauge does not fall below a value of 12 m³/s and at the Villigst gauge does not fall below a value of 5.4 m³/s. The lowest daily discharge value should not fall below 10 m³/s below the Hattingen gauge and 4.5 m³/s at the Villigst gauge. From 1 April to 30 June of each year, the discharge in the Ruhr pursuant to paragraph 1 number 1 shall be regulated in such a way that the daily arithmetic mean of five consecutive daily discharge values at each cross-section of the Ruhr below the Hattingen gauge does not fall below 15 m³/s and at the Villigst gauge does not fall below 8.4 m³/s. The lowest daily discharge value shall not fall below 13 m³/s below the Hattingen gauge and 7.5 m³/s at the Villigst gauge.

(3) By resolution of the association assembly, the association may, in agreement with wastewater disposal obligors outside the association area and in consultation with the locally responsible wastewater association, take over their wastewater for treatment in the association's own wastewater treatment plants, dispose of any sewage sludge and other solid substances produced and, in connection with this, carry out further wastewater disposal measures outside the association area. The resolution of the association meeting requires the approval of the supervisory authority. The provisions of this paragraph shall apply accordingly to the reassignment.

(4) Tasks that are assigned to the Association in accordance with paragraph 1 must continue to be fulfilled by those previously obliged to do so until the Association takes them over.

(5) The Association may, by resolution of the Association Assembly, accept orders that are not necessary for the fulfilment of its tasks but are useful and related to its tasks. The costs shall be borne by the client. The Association may only accept such orders if the fulfilment of the tasks incumbent upon it in accordance with the law and the articles of association is not impaired and does not lead to a conflict of interests. In cases of particular urgency, the Association Council shall decide on the acceptance of orders. The Association Assembly must be informed of the acceptance of the contract at the next meeting.

§ 3 Enterprises of the Association, overviews

(1) The Association's undertakings are the planning, construction, operation and maintenance of the facilities required for the fulfilment of its tasks as well as all other investigations and work required for the execution of the tasks. The participation of the Association in facilities of third parties that serve the fulfilment of its tasks shall also be considered an undertaking. In the planning, construction and operation of the facilities pursuant to sentence 1, the possibilities of the facility for energy generation may be utilised, provided this is compatible with the performance of the tasks pursuant to § 2. Energy generation facilities that are functionally related to facilities pursuant to sentence 1 may be planned, constructed, operated and maintained.

(2) The Association shall draw up overviews (six-year overviews) of the undertakings required to fulfil its tasks and assumed obligations, which are to be carried out within a period of six years in each case. Sentence 1 shall not apply to the tasks pursuant to § 53 paragraph 1 of the State Water Act of 25 June 1995 (GV. NRW. p. 133).

§ 4 Assumption of tasks

(1) The Association may only take over tasks pursuant to Section 2 (1), which are the responsibility of a local authority, a water and soil association or a special-purpose association under public law in the Association area, in whole or in part in agreement with the affected local authority or the affected association by resolution of the Association meeting. The resolution requires the approval of the supervisory authority of the association; if the agreement with a water and soil association is not reached, the supervisory authority shall also decide upon application. If the takeover of the task by the association is in the public interest, the supervisory authority may order the takeover vis-à-vis the water and soil association concerned.

(2) Paragraph 1 shall apply accordingly to the transfer of tasks of the association to a regional authority, a water and soil association or a special-purpose association under public law in the association's territory.

(3) The provisions of subsections (1) and (2) shall not apply to the task under section 2(1)(7) insofar as this falls under section 5(8) of the Land Waste Act.

(4) The performance of tasks in the field of wastewater disposal by the association and the task carriers named in paragraph 1 up to 28 February 2007 shall remain unaffected.

§ 5 Association area

The Association's territory is located in the upstream catchment area of the Ruhr. The boundaries of the Association's area are shown on a general map which corresponds to the map series of the North Rhine-Westphalia State Agency for Nature, Environment and Consumer Protection "Stationing and Area Designation of Waters in North Rhine-Westphalia". The Association shall make the overview map available for inspection at the Association's headquarters.

§ 6 Members of the Association

(1) Members of the Association are

1. District-free cities, cities belonging to districts, municipalities and

2. districts,

   insofar as they are wholly or partly located in the Association's territory;

3. Companies and other public water supply organisations as well as other commercial companies and the respective owners of properties or facilities that extract more than 30,000 m³ of water per year as groundwater or from surface waters in the association area for the purpose of use (water extractors);
4. commercial enterprises and the respective owners of land, mines, transport facilities and other facilities that cause, impede or are expected to cause or are expected to benefit from the Association's operations; if a heritable building right has been granted, the heritable building right holder shall take the place of the owner; if a construction obligation exists for transport facilities, the owner or heritable building right holder shall take the place of the owner or heritable building right holder;
5. the state of North Rhine-Westphalia, insofar as it has transferred the maintenance of the Ruhr to the Association. Members of the Association are also local authorities, companies or owners within the meaning of sentence 1 numbers 1 to 4 outside the Association's territory that draw water directly from the Association's territory or will certainly draw water from the Association's territory on the basis of initiated procedures or whose tasks and obligations the Association has assumed in accordance with § 2 paragraph 3.

Furthermore, any company or its legal successor, irrespective of its legal form, which has appointed another company to carry out a task which has caused or impeded the Association's companies, or which continues to cause, impede or is expected to cause or impede the Association's companies, is a member of the Association. A company that is dependent on another company shall be deemed to have been appointed by that company to carry out the work.

(2) Membership in the cases of paragraph 1 sentence 1 number 4 and sentence 2 requires that minimum contributions to be determined in the Articles of Association are reached and that the notice of contribution has been sent to the person assessed. If a member in a contribution group falls below the minimum contribution, his membership shall expire at the point in time at which he receives the decision of the Executive Board. No new rights or obligations of the member shall arise between this decision and the notification.

(3) The members shall be listed in a register. Further details are regulated by the Articles of Association.

§ 7 Obligations of the members

(1) Members are obliged to provide information to the Association's representatives, to make documents available, to install and operate the necessary measuring equipment at their own expense and to tolerate the investigations and inspections by the representatives insofar as this is necessary for the fulfilment of the Association's tasks, in particular for the assessment. If the inspection or information is refused or the information provided is incomplete or obviously incorrect, the Executive Board may also make the necessary determinations by means of an estimate. Special obligations for the protection of waters, properties and facilities of the association may be established in the articles of association.

(2) The person obliged to provide information may refuse to answer questions which, if answered, would expose him or herself or one of the relatives referred to in Section 383 (1) numbers 1 to 3 of the Code of Civil Procedure to the risk of criminal prosecution or proceedings under the Administrative Offences Act. He must be informed of this.

(3) The Association may use the properties and facilities of its members to carry out water management surveys and to prepare and carry out its undertakings. Owners and authorised users must tolerate this use. The Association may demand that the members and authorised users allow it to use land and facilities that are required to carry out its tasks. In the case of land and facilities that are dedicated to public purposes, use requires the approval of the competent authority.

(4) The owners or authorised users shall be informed of the intended use within a reasonable period of time. Insofar as an owner or authorised user is obliged to tolerate access to land or premises in accordance with paragraph 1 or 3, they must

1. enter business premises and business premises only during business hours,
2. access to residential premises and business premises outside of business hours only if such access is necessary to prevent urgent dangers to public safety or order, and
3. to permit access at any time to properties and facilities that are not part of the immediately neighbouring pacified property of premises in accordance with numbers 1 and 2.

The fundamental right to inviolability of the home (Article 13 of the Basic Law) shall be restricted.

(5) The affected parties shall be entitled to monetary compensation for the disadvantages they suffer as a result of the use in accordance with paragraph 3; the advantage they gain from the company shall be taken into account. With the consent of the Association Council, the Executive Board shall order the utilisation by written or electronic notice to be served and, if no agreement can be reached with the parties concerned, shall determine the monetary compensation. The parties involved have the right to appeal against the decision within one month of it being served. If the Executive Board does not uphold the appeal, it shall submit it to the Appeals Committee for a decision.

(6) The Board of Directors may impose a notification obligation on members for changes that have occurred or will occur compared to previous surveys. In the event of non-compliance with the obligation to register, the provision of paragraph 1 sentence 2 shall apply accordingly.

§ 8 Obligations of third parties

(1) The owners and managers of companies and facilities referred to in Section 6 (1) sentence 1 no. 3 that are not members of the Association, of commercial companies and facilities within the meaning of Section 6 (1) sentence 1 no. 4 and of agricultural businesses that are not members of the Association, as well as public corporations and institutions, are obliged to provide information to the Association's representatives, to make documents available and to tolerate investigations and inspections by the representatives insofar as this is necessary to fulfil the Association's duties or to determine the requirements for membership. § Section 7 (1) sentence 2 and (2) shall apply accordingly.

(2) The Association may use the properties of non-members for actions required to carry out observations and investigations and to prepare undertakings. Owners and authorised users of the properties are obliged to tolerate this use. In the case of land dedicated to public purposes, the consent of the competent authority must be obtained prior to use. § Section 7 (5) shall apply accordingly.

(3) Insofar as a third party is obliged to tolerate access to land or premises in accordance with paragraph 1 or 2, § 7 paragraph 4 shall apply accordingly.

§ 9 Admissibility of expropriation

Where necessary, expropriation is permissible for the fulfilment of the Association's tasks. The Land Expropriation and Compensation Act shall apply.

§ 10 Self-administration, Association bodies

(1) The Association shall manage itself. It shall adopt its own statutes.

(2) The Association bodies are the Association Assembly, the Association Council and the Executive Board.

(1) The articles of association regulate the internal relationships of the Association, insofar as they do not already result from this Act.

(2) The Association Assembly shall decide on the Articles of Association and their amendments; the Articles of Association and their amendments shall require the approval of the supervisory authority.

(3) The Articles of Association shall determine in particular

1. the registered office of the Association (§ 1 paragraph 2),
2. the minimum contributions for the establishment of membership (§ 6 paragraph 2),
3. the establishment and maintenance of the list of members (§ 6 paragraph 3),
4. the amount of the contribution for a contribution unit that entitles the member to send a delegate (Section 12 (2)),
5. the details of the formation of voting groups (§ 12 paragraph 3),
6. the value limits for transactions and other matters of outstanding importance, the approval of the Association Council must be obtained if these are reached or exceeded (§ 17 Paragraph 5 Number 12),
7. the transactions and matters for which a decision of the entire Executive Board is required due to their importance,
8. the details of accounting, financial management and the procedure for auditing (§ 24 paragraph 2),
9. the forms of announcements (§ 33) and
10. the method of reporting and accounting to the benefiting member for the tasks assumed in accordance with § 4 paragraph 1.

(4) The Articles of Association and any amendments thereto shall be published in the Law and Ordinance Gazette for the State of North Rhine-Westphalia at the Association's expense.

(5) The violation of procedural or formal provisions of this Act can no longer be asserted against the Articles of Association after the expiry of one year since their promulgation, unless

a) a prescribed authorisation is missing,
b) the Articles of Association have not been duly publicised,
c) the Executive Board has previously objected to the resolution of the Association Assembly, or
d) the formal or procedural defect has been notified to the Association in advance, stating the violated legal provision and the fact that reveals the defect.

In the public announcement of the articles of association and their amendments, reference must be made to the legal consequences in accordance with sentence 1.

§ Section 12 Association Assembly

(1) The Association Assembly shall consist of the delegates of the members pursuant to paragraphs 2 and 3 and two delegates pursuant to paragraph 4. The total number of delegates shall be determined by the Articles of Association.

(2) Each unit of annual contributions (contribution unit) to be determined in the articles of association shall entitle the member to delegate one delegate. A member shall send as many delegates to the Association Assembly, each with one vote, as it achieves in full contribution units on the basis of its annual contributions. No member may appoint more than two-fifths of all delegates. The contributions of a member exceeding two-fifths of all contribution units in accordance with sentence 3 do not entitle the member to delegate delegates or to form and join voting groups (paragraph 3). When determining the contribution units of a member, its average annual contribution from the last three years prior to the formation of the new Association Assembly shall be taken as a basis; in the case of membership of less than three years, the last annual contribution determined by the Executive Board prior to the formation of the new Association Assembly shall apply. As long as the annual contributions of individual members have not yet been determined, the contribution determined by the Executive Board shall apply. The wastewater levy pursuant to Section 2 (2) of the North Rhine-Westphalia Wastewater Levy Act of 8 July 2016 (GV.NRW.p. 559) and the water abstraction fee pursuant to Section 2 of the North Rhine-Westphalia Water Extraction Fee Act of 27 January 2004 (GV.NRW.p. 30), which was last amended by Article 1 of the Act of 9 December 2014 (GV.NRW.p. 884), shall not be taken into account when determining the contribution units.

(3) Members may form voting groups with the annual contributions that do not reach or exceed a full contribution unit (partial contribution units). Each voting group has as many delegates, each with one vote, as it has full contribution units with the combined contributions or contribution units. Each member may only participate in one voting group. Each voting group elects its delegates and sends them to the Association Assembly. Further details on the formation of voting groups and the election of their delegates shall be governed by the Articles of Association.

(4) The Association Assembly shall also include two delegates who are elected members of the Chamber of Agriculture and are delegated by the latter. Each delegate has one vote in the Association Assembly

§ 13 Delegates in the Association Assembly

(1) Only persons who are themselves members of the Association, who are professionally employed by the member or by an institution under public law of the member in accordance with Section 114a of the Municipal Code for the State of North Rhine-Westphalia in the version published on 14 July 1994 (GV.NRW.p. 666), which was last amended by the law of 3 February 2015 (GV.NRW.p. 208), who are authorised representatives or who belong to the bodies of the member may be delegates in accordance with Section 12 (2) and (3).

(2) A member may not be represented by a delegate who is in an employment relationship with another member. This does not apply to delegates pursuant to § 12 paragraph 3.

(3) The delegates pursuant to § 12 paragraph 4 may not be members or tenants of a member.

(4) The delegates pursuant to § 12 (1) shall be delegated to the Association Assembly for five years. The delegates for the next term of office must be nominated in the last three months before the end of the term of office. Re-election or re-appointment is permitted.

(5) No more representatives of the administration may be delegated by a local authority than members of the representation of the local authority. At least half of all delegates from the districts, cities and municipalities must belong to a representation of the local authorities. This also applies to the formation of voting groups in accordance with Section 12 (3).

(6) The office of delegate shall expire prematurely in the event of deselection or dismissal, resignation from office, cessation of the relevant requirements for delegation, election as a member of the Association Council, legal incapacity or limited legal capacity, loss of the ability to hold public office or death. If a delegate leaves prematurely, a replacement shall be elected or appointed for the remainder of the term of office.

(7) The Executive Board shall draw up a new list every five years, in which the members, their annual contributions to be taken into account, the associated contribution units and contribution sub-units are to be listed. Immediately after it has been drawn up, extracts from the list shall be made available to the members with a request to nominate their delegates to the Chairperson of the Association Council for a new term of office within a specified period. The possibility of forming voting groups and nominating their delegates must be pointed out. Further details are set out in the Articles of Association.

§ 14 Tasks of the Association Assembly

(1) The Association Assembly shall decide on the Articles of Association, their amendments and the assessment guidelines. It elects the members of the Association Council.

(2) The Association Assembly also reserves the right to

1. the adoption of rules of procedure for the Association Assembly,
2. the decision on the contestation of elections,
3. the adoption of the business plan and its amendments, the preparation of the financial planning (§ 22 a) and the decision on the utilisation of reserves,
4. appointing the auditing body for the audit of the annual financial statements and electing the auditors,
5. acceptance of the annual report,
6. approving the annual financial statements and discharging the Executive Board,
7. preparing the overviews in accordance with § 3 paragraph 2 and the wastewater disposal concept in accordance with § 53 of the State Water Act,
8. the decision on the assumption of tasks (§ 2 paragraph 3, § 4),
9. the decision on the takeover of facilities and contract work,
10. the election of the members of the Appeals Committee and their deputies (§ 29 Paragraph 1 Number 3 and Paragraph 2).

(3) The Association Assembly shall decide on objections to the Executive Board in accordance with Section 20 (4).

§ Section 15 Meetings of the Association Council, passing of resolutions

(1) The chairperson of the Association Council shall invite the delegates (Section 12 (1)) to the meetings, stating the agenda and giving at least three weeks' notice, and shall inform the members of the Association Council.

(2) The Association Assembly shall be convened at least once a year. It is generally open to the public; further details are regulated by the Articles of Association. It must also be convened if the chairperson of the Association Council is requested to do so

a) by the Executive Board or
b) by at least one third of the delegates in writing or electronically, stating the subject of the meeting.

(3) The chairperson of the Association Council shall chair the meetings of the Association Assembly. The other members of the Association Council and the Executive Board shall participate in the meetings. The members of the Association Council and the Executive Board are not entitled to vote.

(4) The Association Assembly shall constitute a quorum if all delegates have been invited in good time and at least half of all delegates are present. If a quorum is not present, the chairperson may convene a new meeting at which the Association Assembly is quorate with the same agenda regardless of the number of delegates present. This must be indicated in the invitation.

(5) The fact that a replacement has not yet been elected or appointed for delegates who have left prematurely shall not prevent a quorum being present.

(6) The Association Assembly shall form its will by a majority of the valid votes cast. In the case of resolutions and elections, abstentions and invalid votes count towards determining the quorum, but not towards calculating the majority. A tied vote means rejection.

(7) Minutes shall be taken of the meetings of the Association Assembly. Resolutions shall be specially marked. The minutes shall be signed by the chairperson of the Association Council and by a delegate to be appointed by the Association Assembly.

(8) One representative from each of the district governments responsible for the Association's territory may attend the meetings of the Association Council in an advisory capacity. A joint representative of the recognised nature conservation associations that are active throughout the state in accordance with their statutes within the meaning of Section 63 of the Federal Nature Conservation Act of 29 July 2009 (Federal Law Gazette I p. 2542), which was last amended by Article 421 of the Ordinance of 31 August 2015 (Federal Law Gazette I p. 1474), may participate in the public meetings of the Association Assembly in an advisory capacity.

(9) The representatives pursuant to paragraph 8 shall be informed of the meetings at the same time and to the same extent as the delegates.

(10) Members who are represented exclusively by delegates in accordance with Section 12 (3) may attend the meetings of the Association Assembly as listeners. The place, time and agenda shall be publicised to the members at least three weeks before the meeting.

(11) If an epidemic situation of state-wide significance is determined in accordance with Section 11 of the Infection Protection and Authorisation Act NRW, the chairperson of the Association Council may, at the request of the Executive Board, decide that the Association meeting be held as a virtual Association meeting without the physical presence of the delegates or the representatives referred to in paragraph 8, provided that

1. the video and audio transmission of the entire meeting takes place,
2. the exercise of voting rights by delegates is ensured via electronic communication and
3. the delegates are given the opportunity to ask questions by means of electronic communication.

The provisions in paragraphs 1 and 3 to 10 apply accordingly to the virtual association meeting. Public participation shall take place in accordance with sentence 1 no. 1. Further details shall be governed by the Articles of Association.

(12) Subject to the requirements of paragraph 11, the chairperson of the Association Council may, at the request of the Executive Board, instead of convening a virtual Association meeting, also bring about a resolution of the Association meeting or elections of delegates by way of circulation if at least half of the delegates agree to the written or electronic casting of votes. Votes shall be cast in writing or electronically. The provisions in paragraphs 4 to 6 apply accordingly to the circulation procedure.

§ Section 16 Composition, election and term of office of the Association Council

(1) The Association Council consists of 15 members who are elected by the Association Assembly. Initially, the following shall be elected

1. Members pursuant to § 6 para. 1 sentence 1 no. 1 (independent cities, cities and municipalities belonging to districts) 2 members,
2. members pursuant to Section 6 (1) sentence 1 no. 2 (districts) 1 member,
3. Members pursuant to Section 6 (1) sentence 1 number 3 (water abstractors) 1 member,
4. Members pursuant to Section 6 (1) sentence 1 no. 4 (commercial enterprises, properties, transport facilities and other facilities) 1 member,
5. representatives of the association's employees 5 members.

The remaining five seats on the Association Council shall be distributed among the member groups pursuant to sentence 2 numbers 1 to 4 in accordance with the d'Hondt maximum number method. 13 para. 5 sentence 2 shall apply accordingly to the representatives of the districts, cities and municipalities. The basis shall be the contribution ratio resulting for these member groups from the average contribution payments of the last three years prior to the formation of the Association Council; Section 12 (2) sentences 3, 4 and 7 shall apply accordingly.

(2) The members of the Association Council in accordance with paragraph 1 sentence 2 number 5 shall be elected by the Association Assembly from eight members proposed by the Association's Staff Council in accordance with sentence 2 numbers 1 and 2. The proposals must contain at least twice the number of members of the Association Council to be elected, namely for

1. three employee representatives who are employed by the Association;
2. two further employee representatives who are not employees of the Association. This ballot of the Staff Council shall be based on proposals from the trade unions represented in the Association.

The election is a personal election. Further details are set out in the Articles of Association.

(3) A member of the Association Council may not be a delegate of the Association Assembly. Otherwise, § 13 (1) and (2) shall apply accordingly.

(4) The Articles of Association may stipulate that a deputy member of the Association Council shall be elected in the same way for each member of the Association Council.

(5) The Association Council shall elect a chairperson and deputy chairperson from among its members. If the chairperson belongs to the members pursuant to paragraph 1 sentence 2 numbers 3 or 4, the deputy shall be appointed by the members pursuant to paragraph 1 sentence 2 numbers 1 or 2. If the chairperson is a member pursuant to paragraph 1 sentence 2 number 1 or 2, the deputy chairperson shall be appointed by the members pursuant to paragraph 1 sentence 2 number 3 or 4. The person who receives more than half of the valid votes of the members of the Association Council present in the first ballot shall be elected. If an election is not held after this, the person receiving the most votes in a second ballot shall be elected. In the event of a tie, the election shall be decided by drawing lots.

(6) The term of office of the Association Council shall be five years. The members shall continue in office after the end of their term of office until the new Association Council has been elected. Re-election is permitted. Otherwise, Section 13 (6) shall apply accordingly.

(7) The Association Assembly may dismiss members of the Association Council and their deputies for gross violation of their duties to the Association. The resolution requires a two-thirds majority of all delegates. A replacement must be elected for the remainder of the term of office at the same meeting.

§ Section 17 Duties of the Association Council

(1) The Association Council shall have the duties assigned to it by this Act. It is bound by the resolutions of the Association Assembly. It shall monitor the management of business by the Executive Board.

(2) The Association Council elects the Executive Board and appoints a member of the Executive Board as Chairperson of the Executive Board. The member of the Executive Board, who is responsible in particular for personnel and social matters of the Association, may not be elected against the votes of the majority of the employee representatives.

(3) Section 18 (5) shall apply accordingly to the dismissal of members of the Executive Board for good cause. The dismissal of an Executive Board member elected in accordance with paragraph 2 sentence 2 is only possible with the votes of the majority of the employee representatives.

(4) The Association Council shall decide on:

1. 1. its rules of procedure,
2. 2. the appointment of authorised representatives in accordance with the Water Resources Act, the Waste Act and the Federal Immission Control Act,
3. 3. the conclusion of service contracts with the Executive Board,
4. 4. the rules of procedure for the Association's administration,
5. 5. the other responsibilities of the Executive Board member elected in accordance with paragraph 2 sentence 2 within the Executive Board,
6. 6. the authorisation of unbudgeted and over-budgeted expenditure or additional expenditure that jeopardises the success of the Association.

(5) The Executive Board requires the approval of the Association Council in the following matters:

1. Drafts of the overviews in accordance with § 3 paragraph 2 and draft of the wastewater disposal concept in accordance with § 53 of the State Water Act,
2. Construction and action plans for the Association companies,
3. Orders for the utilisation of properties and facilities of members and third parties as well as the determination of monetary compensation (§ 7 paragraph 5),
4. Applications for the implementation of expropriation proceedings (§ 9),
5. Granting loans to entities outside the association,
6. the provision of securities of all kinds, in particular by entering into guarantees, letters of comfort and indemnity agreements, regardless of the amount of the obligation,
7. Formation of or entry into commercial companies and associations under civil law with or without their own legal personality, which are geared towards economic activity, or into municipal joint ventures or special-purpose associations and participation as a silent partner in a commercial enterprise, as well as in the event of amendments to the contracts underlying these transactions,
8. Conclusion and cancellation of collective agreements and principles for the employment relationships of employees,
9. Pursuing legal remedies against supervisory decrees and orders,
10. Determination of coercive measures (§ 32),
11. Rules of procedure for the Executive Board,
12. Transactions and other matters of outstanding importance whose value equals or exceeds the amounts to be determined in the Articles of Association,
13. Draft of the business plan and its amendments and financial planning (§ 22a).

§ Section 18 Meetings of the Association Council, passing of resolutions

(1) The Chairperson of the Association Council shall invite the members of the Association Council to the meetings with at least two weeks' notice, stating the agenda, and shall chair the meetings. Law 9

(2) At least two meetings of the Association Council shall be held per year. The chairperson must organise a meeting if at least five members of the Association Council or the Executive Board submit a written or electronic request to the chairperson, stating the subject of the meeting, or if the supervisory authority so requests.

(3) The Association Council shall constitute a quorum if all members have been invited in good time and at least eight members are present. A deputy may only attend meetings of the Association Council if the member is unable to attend. In the event of a lack of quorum, the chairperson may convene a new meeting at which the Association Council is quorate with the same agenda regardless of the number of members present. This must be indicated in the invitation.

(4) The fact that a replacement has not yet been elected for members of the Association Council who have left prematurely shall not prevent a quorum being present.

(5) The Association Council shall form its will by a majority of the valid votes cast, with each member of the Association Council having one vote. In the case of resolutions and elections, abstentions and invalid votes shall count towards determining the quorum, but not towards calculating the majority. A tied vote means rejection.

(6) Resolutions passed in writing or electronically are valid if they have been passed unanimously by all members of the Association Council. The result must be announced at the next meeting of the Association Council at the latest.

(7) Minutes shall be taken of the meetings of the Association Council. Resolutions shall be specially marked. The minutes shall be signed by the chairperson and another member of the Association Council.

(8) Subject to the requirements of Section 15 (11), the chairperson of the Association Council may convene a virtual Association Council meeting at the request of the Board of Directors or, in deviation from paragraph 6, pass a resolution by way of circulation with a two-thirds majority of the Association Council. A video transmission may be dispensed with in this case. The provisions in paragraphs 1 and 3 to 5 shall apply accordingly.

§ 19 Executive Board

(1) The Executive Board consists of the Chairperson of the Executive Board and at least one other member of the Executive Board. One member of the Executive Board is responsible in particular for personnel and social matters. The chairperson of the Association Council is the superior of the Executive Board.

(2) The Chairperson of the Executive Board and the other members of the Executive Board must fulfil the requirements necessary for their office. The term of office is five years. Re-election is permitted. The election must be held at the earliest nine months and at the latest three months before the end of the term of office. The term of office ends at the latest at the end of the month in which the Management Board member reaches the age of 67. For members of the Management Board who are in office on 1 January 2013 and whose term of office runs until 2017 at the latest, the age limit in sentence 5 shall only apply with their consent.

(3) In accordance with the provisions of the Eigenbetriebsverordnung für das Land Nordrhein-Westfalen of 16 November 2004 (GV.NRW. p. 644, ber. 2005 p. 15), as amended, the Executive Board must disclose its remuneration individually in the annual financial statements.

§ Section 20 Tasks of the Executive Board

(1) With the approval of the Association Council, the Executive Board shall adopt rules of procedure which shall also regulate the permanent representation of the Chairperson of the Executive Board.

(2) The Executive Board shall deal with day-to-day administrative matters and shall be responsible for tasks that are not the responsibility of the Association Assembly, the Association Council, the Chairperson of the Association Council or the Appeals Committee on the basis of this Act or the Articles of Association. The Chairperson of the Executive Board prepares and implements the resolutions of the Association bodies, unless otherwise stipulated in the resolutions or the rules of procedure for the Executive Board. The Chairperson of the Executive Board is the head of the Association's administration. The member of the Executive Board responsible in particular for personnel and social matters is the superior of the Association's employees.

(3) In cases that cannot be postponed, in particular in the event of imminent danger, the Executive Board shall also decide on matters whose value equals or exceeds the amounts specified in the Articles of Association. These decisions must be communicated immediately to the chairperson of the Association Council and announced to the Association Council at the next meeting. If, due to particular urgency, a decision of the entire Board of Directors cannot be brought about, the Chairperson of the Board of Directors shall decide.

(4) The Executive Board may object to resolutions of the Association Council on § 17 (4) and (5) and § 2 (5) sentence 4 that are contrary to the interests of the Association. It shall submit these resolutions to the Association Assembly for a decision together with a written justification of its objection. The objection has a suspensive effect. The Association Assembly must decide on the matter within two months.

§ 21 Representation of the Association

(1) Each member of the Executive Board shall represent the Association in and out of court within the scope of his or her duties and authorisations. In all other cases, the Chairperson of the Executive Board shall represent the Association.

(2) Binding declarations must be made in writing. The powers of representation and signature are governed by the rules of procedure for the Association's administration.

(3) In addition to the cases regulated in the Articles of Association in accordance with Section 11 (3) (7), a decision of the entire Executive Board shall be taken in all matters that are to be submitted to the Association Assembly or the Association Council for resolution. In addition, the entire Executive Board decides on

1. the requests of the Executive Board to convene a meeting of the Association Assembly or the Association Council,
2. objections to resolutions in accordance with § 20 Paragraph 4 and § 36 Paragraph 3,
3. the redress of objections pursuant to § 7 (5), § 8 (2), § 27 (3), § 28 (3), § 32 (2) and § 8 (3) of the Biggetalsperregesetz and applications pursuant to § 80 of the Verwaltungsgerichtsordnung and
4. in cases pursuant to § 20 paragraph 3 sentence 1.

§ 22 (omitted)

§ Section 22a Business plan, financial planning

(1) The Association shall operate in accordance with the principles of commercial accounting. Section 19 (1) sentences 1, 2 first alternative, (2) and (3), Sections 21, 22 (1), Sections 23 and 24 of the Own Businesses Ordinance for the State of North Rhine-Westphalia shall apply accordingly to the Association's bookkeeping, cost accounting and annual financial statements.

(2) The Association meeting shall adopt the business plan for each financial year before it begins and shall decide on the total amount of the loans to be taken out, the total amount of the commitment authorisations and the maximum amount of the loans to secure liquidity. The business plan must be balanced. The financial year is the calendar year.

(3) The business plan consists of the profit plan, the asset plan and the staffing overview. Proof of reserves and financial planning must be attached to the business plan. Sections 15 to 18 of the Own Plant Ordinance for the State of North Rhine-Westphalia shall apply accordingly.

(4) The business plan adopted by the Association meeting shall be notified to the supervisory authority without delay together with its annexes.

(5) The business plan shall be amended without delay if

1. the annual result deteriorates significantly compared to the profit plan and this deterioration necessitates a change in the asset plan,
2. higher loans become necessary,
3. the asset plan cannot cover over- and unscheduled expenditure for investments through savings or additional income,
4. further commitment authorisations are to be provided for in the asset plan or
5. a significant increase or increase in the number of posts provided for in the job list becomes necessary, unless it is a temporary recruitment of temporary staff.

(6) The supervisory authority must be notified immediately of any changes to the business plan.

(7) In order to strengthen economic management, the supervisory authority may, in individual cases, authorise temporary deviations and additions in compliance with the principles of commercial accounting from and to the provisions of the Eigenbetriebsverordnung für das Land Nordrhein-Westfalen (Own Plant Ordinance for the State of North Rhine-Westphalia) on the business plan, the annual financial statements, accounting, cover eligibility and transferability referred to in paragraphs 1 and 3.

(8) If the business plan has not been adopted by the beginning of the financial year, the estimates and credit authorisations of the previous year shall continue to apply provisionally. If the draft business plan for the year in question provides for lower estimates and a lower credit authorisation, these shall apply. The contributions shall be paid in accordance with the previous year's list of contributions, subject to subsequent offsetting.

(9) The Association meeting shall draw up a five-year financial plan each year with the business plan, which shall be harmonised with the overviews in accordance with § 3 (2) and shall show the scope and composition of the anticipated expenditure and coverage options. The first planning year of the financial plan is the current financial year. The financial planning must be balanced in the individual years.

(10) The Management Board shall prepare the annual financial statements for the previous financial year in the first half of the financial year. The body responsible for auditing the annual financial statements shall be changed every five years. The annual financial statements are to be published in accordance with the provisions of the Articles of Association governing the regulations for notifications intended for the public.

§ Section 23 Excess and unbudgeted expenditure

(1) Excess and unscheduled expenditure may only be incurred in cases of unforeseen and unavoidable necessity. Coverage in the current budget must be guaranteed.

(2) Expenditure in accordance with paragraph 1 shall be submitted to the Association Council for approval at the next meeting for the purpose of discharging the Executive Board, together with a proposal for coverage.

§ Section 24 Reserves, accounting and auditing, financial management

(1) The Association shall form reserves in an appropriate amount to secure its financial management and, if necessary, for the purposes of the asset plan and to cover non-collectible contributions.

(2) The details of financial management and accounting and the procedure for auditing shall be regulated in the Articles of Association.

§ 25 Contributions

(1) The members must pay the Association the contributions required to fulfil its tasks and obligations, its liabilities and for proper financial management, insofar as other income is not sufficient to cover the Association's expenses.

(2) The contributions shall consist of cash payments that are due in accordance with the Articles of Association. From 1 January 2000 at the latest, the Association shall determine the contributions in accordance with economic principles. The costs that can be recognised according to business management principles also include fees for external services used, depreciation, which is to be distributed evenly according to the presumed useful life, as well as an appropriate interest rate on the capital invested; the equity share raised from third-party subsidies is not taken into account in the interest rate. The Association may also ensure self-financing by means of appropriate direct financing of the expenditure of the asset plan through contributions, provided that the costs to be determined in accordance with sentence 1 are not undercut as a result.

(3) Contributions that have been or will be imposed on a user in accordance with section 13(2)(4) of the Water Resources Act shall be deemed to be a contribution to the user's contributions as a member of the Association. The same shall apply if a corresponding agreement has been reached between the user and the Association.

(4) A retired member shall remain obliged to pay the contributions set for the period up to his/her retirement; he/she may also be required to pay contributions for the period after his/her retirement in the same way as a member for the Association's expenses caused by the retiring member and which cannot be avoided after his/her retirement, even before his/her membership expires in accordance with § 6 paragraph 2 sentence 2. The same applies to the restriction of a member's participation in the Association.

§ 26 Scale of contributions

(1) The contribution burden shall be distributed among the members in proportion to the advantages they have or expect to have from the implementation of the Association's tasks and the costs incurred by the Association in order to avoid, minimise, eliminate or compensate for adverse changes brought about or expected by them or to accept services incumbent upon them. Benefits also include the assumption or facilitation of an obligation of the member by the association and the possibility of utilising the measures of the association in an expedient or economical manner.

(2) The costs incurred by the Association in the fulfilment of the tasks pursuant to § 2 paragraph 1 number 4 shall be covered by contributions from the members who have caused the detrimental changes.

(3) The costs incurred by the Association for the procurement and provision of water for drinking and process water supply and for the equalisation of the water supply in accordance with § 2 paragraph 2 shall be covered by contributions from the members in accordance with § 6 paragraph 1 sentence 1 number 3. The contributions shall be based on the volume flow of water withdrawn by these members. The calculation of the contributions is based on whether the water withdrawn is permanently withdrawn from the association area or partially returned to it, and on the degree of interest in the regular supply of pure water. § Section 15 of the Biggetal Dam Act applies accordingly.

(4) The costs incurred by the Association in the fulfilment of the tasks pursuant to § 2 paragraph 1 numbers 6 to 8 shall be covered by contributions from the members referred to in § 6 paragraph 1 sentence 1 numbers 1 and 4 who discharge wastewater, as well as by the water users within the meaning of § 6 paragraph 1 sentence 1 number 3. However, the water users shall only contribute to these costs to the extent that they cause or benefit from the Association's undertakings within the meaning of sentence 1, insofar as the undertakings go beyond the fulfilment of tasks incumbent on the Association due to legal obligations; further details shall be regulated by the articles of association. These contributions shall be distributed among the water users according to the benefit they derive from the measures pursuant to sentence 2 and the detrimental changes they cause. When assessing the members pursuant to § 6 paragraph 1 sentence 1 numbers 1 and 4, the pollution caused by the volume flow of the discharged wastewater and its harmfulness and the expenses incurred by the Association for the disposal of the wastewater, mine water, sewage sludge and other solid substances and, insofar as they derive advantages from their disposal, these advantages shall be primarily taken into account.

(5) Changes to a member of the Association which affect the amount of its contribution shall be taken into account from the next assessment year.

(6) The Association shall issue assessment guidelines in accordance with the provisions of paragraphs 1 to 4, which shall be made known to the members in accordance with § 33 paragraph 1 sentence 1.

§ 27 Assessment

(1) The Executive Board shall calculate the contributions on the basis of the approved business plan in accordance with the assessment guidelines. It lists the contributions - broken down by contribution group - with the associated calculation bases in a contribution list and sets the contributions. The Executive Board shall immediately inform each member of their contribution for the respective contribution group, the main calculation bases for this, the paying agent and the payment deadline (contribution notice) and shall collect the contributions.

(2) In the contribution notice, the person assessed shall be informed of the possibility of inspecting the contribution list and the associated documents, stating the place and period. The contribution notice shall be delivered. A new member shall be informed of existing rights and obligations together with the law, the articles of association and the assessment guidelines with the first assessment notice.

(3) The person assessed may lodge an objection to the assessment notice within one month of its delivery. If the Executive Board does not uphold the objection, it shall submit it to the Objections Committee.

(4) Insofar as it is necessary for the administration and work of the Association, the Executive Board may set provisional contributions in accordance with the anticipated contribution ratio prior to the calculation and determination of the contribution ratio.

(5) Any shortfall or excess contribution of a member of the Association compared to the contributions determined in accordance with paragraph 1 or 4 resulting from an appeal or decision of the Board of Directors shall be divided among the other members of the same contribution group in proportion to the contributions to be paid by them in the assessment year and equalised at the next possible assessment. Contributions that cannot be collected shall be borne pro rata by all other members of the Association and added to their next annual contribution, unless it is decided to cover them from the reserves.

(6) If expenditure becomes necessary in the course of a financial year that can only be incurred due to a change in the business plan, the contributions required for this must be included in a supplement to the list of contributions in the following year at the latest. Paragraphs 1 to 4 shall apply accordingly to the preparation and determination of the supplementary list and to the assessment.

(7) Anyone who does not pay their contribution or other public-law claims in cash on time must pay a late payment surcharge in accordance with § 240 of the German Fiscal Code, which is determined and collected by the Executive Board

§ Section 28 Legal status of contributions, enforcement

(1) The contribution obligations under this Act are public charges (levies). They rest on the properties, mines and facilities with which the respective owner participates as a member of the Association.

(2) The executive board shall be the enforcement authority for the collection of contribution claims and other public-law claims in cash; it may make use of the municipalities or associations of municipalities to carry out the enforcement. The Ministry responsible for internal affairs shall determine by statutory order the cost contribution to be paid to the municipality or association of municipalities against which enforcement is sought for each enforcement request. 12 Law

(3) Recovery may also be directed against the lessee or other authorised user of the land and facilities belonging to the association who derives his right from the owner, in the case of use of a part only in respect of the portion of the contribution attributable to this; authorised users also include the lessee of a facility or a separate workplace in a facility. This does not apply if the type of use lawfully exercised by the authorised user differs significantly from the type of use that gave rise to the owner's obligation to contribute. The period for the right of appeal pursuant to Section 27 (3) shall commence for the authorised user upon notification of the request to pay the contribution.

(4) The provisions of the Fiscal Code on the limitation period for payment (Sections 228 to 232) shall apply mutatis mutandis to the limitation period for contributions and other claims under public law in cash.

§ Section 29 Appeals Committee

(1) The Appeals Committee shall consist of

1. a state civil servant or person employed under a collective agreement who is qualified to hold judicial office, to be appointed as chairperson by the supervisory authority,
2. one senior technical civil servant or comparable person employed under collective agreements in the state environmental administration to be appointed by the supervisory authority,
3. six further members to be elected by the Association Assembly. The requirements of Section 13 (1) and (2) must be met. The members pursuant to Section 6 (1) sentence 1 numbers 1 to 4 must each be represented by at least one member.

The members of the Appeals Committee may not be members of the Association Council.

(2) A deputy shall be appointed or elected for each member in the same manner.

(3) The term of office of the Appeals Committee shall be five years. Reappointment and re-election are permitted. The members and their deputies shall continue in office after the end of their term of office until the new Appeals Committee has been formed. If a member resigns from their main office in accordance with paragraph 1 sentence 1 number 1 or 2, they may be dismissed. Otherwise, Section 13 (6) shall apply accordingly.

(4) The members of the Appeals Committee are not bound by instructions. (5) The Appeals Committee shall regulate its procedure in rules of procedure.

§ Section 30 Tasks of the Appeals Committee

The Appeals Committee decides on appeals in accordance with Section 7 (5), Section 8 (2), Section 27 (3), Section 28 (3), Section 32 (2) and Section 8 (3) of the Biggetalsperregesetz (Biggetal Locking Act), insofar as the Executive Board has not remedied them. It also decides on applications pursuant to Section 80 of the Administrative Court Code that have not been granted by the Executive Board.

§ 31 Costs of the appeal proceedings

(1) The costs of the assessment and the Appeals Committee shall be borne by the Association.

(2) Insofar as the Association is to be reimbursed for the costs of the appeal proceedings, the provisions applicable to the collection of contributions shall apply to the collection of costs.

§ Section 32 Means of coercion

(1) The fulfilment of obligations pursuant to Sections 7 and 8 or on the basis of the Articles of Association may be enforced using the means of coercion provided for in the Administrative Enforcement Act for the State of North Rhine-Westphalia, with the proviso that a penalty payment of up to EUR 25,000 may be imposed. With the approval of the Association Council, the Executive Board shall issue the notice. This must be served. The penalty payment shall be paid to the Association.

(2) An objection may be lodged against orders pursuant to paragraph 1. If the Executive Board does not uphold the appeal, it shall submit it to the Appeals Committee for a decision.

(3) Section 28 (2) shall apply to the collection of the penalty payment and the costs incurred in this regard.

§ Section 33 Announcements

(1) Announcements for members shall be made by direct written or electronic notification of those affected. A reference to the place where the notice can be inspected shall suffice for the publication of extensive notices. At the same time, the display period, which must be at least two weeks, must be stated. The articles of association shall specify the places where the notice is to be displayed.

(2) The articles of association shall regulate the manner in which the notices intended for the public are publicised. § Section 11 (4) remains unaffected.

§ 34 Supervision

(1) The Association shall be under the supervision of the state. The supervisory authority is the ministry responsible for the environment.

(2) Supervision shall ensure that the Association fulfils the tasks and duties incumbent upon it in accordance with applicable law and in line with the water management objectives of the state.

§ Section 35 Participation in meetings, notification of the supervisory authority

(1) The representative of the supervisory authority shall be invited to the meetings of the Association Assembly and the Association Council in accordance with Section 15 (1) and Section 18 (1).

(2) The supervisory authority may inform itself at any time, including through authorised representatives, about all matters concerning the Association.

§ Section 36 Ordering and cancellation of measures

(1) If the association does not fulfil the tasks or duties incumbent upon it under the law or the articles of association, or does not do so in good time or to the extent required, the supervisory authority may order it to take the necessary action within a specified period. The supervisory authority must specify the required action in detail. If it has not been complied with, it may carry out its order itself or have it carried out by another party instead of and at the expense of the association. The deadline and order issued by the supervisory authority shall replace the necessary decisions of the Association's bodies.

(2) If the Association does not fulfil a legal obligation and fails or refuses to include the necessary funds in the business plan or to approve unbudgeted expenditure, the supervisory authority may order the inclusion of the necessary funds in the business plan, stating the reasons, or determine the unbudgeted expenditure and order the collection of the necessary contributions.

(3) The Executive Board must object in writing to resolutions of the Association Assembly and the Association Council that violate the law or the Articles of Association, stating the reasons. The objection shall have suspensive effect. If the Association Assembly or the Association Council does not revoke the objected resolutions, the supervisory authority shall decide on the legality of the objection. The suspensive effect shall remain in force.

(4) The supervisory authority is authorised to revoke resolutions and orders of the Association that violate the law or the Articles of Association or run counter to the tasks and duties of the Association within six months and to demand that measures taken on the basis of such resolutions or orders be reversed.

§ Section 37 Authorised representative of the supervisory authority

(1) If and as long as the powers of the supervisory authority pursuant to Section 36 are not sufficient to ensure the proper fulfilment of the tasks of the Association, the supervisory authority may appoint a representative to fulfil all or individual tasks of the Association at its expense. The appointee shall have the status of an organ of the Association.

(2) The supervisory authority shall determine the compensation to be paid by the Association to the authorised representative

§ Section 38 Authorisation of transactions

(1) The Association requires the authorisation of the supervisory authority

1. for transactions within the meaning of § 17 paragraph 5 number 7,
2. to sell assets of considerable value free of charge, to transfer the use of assets free of charge on a permanent basis if the use represents a considerable value, and to sell assets against payment if the proceeds are not allocated to the Association's asset budget,
3. to grant loans in excess of EUR 10,000 to employees of the Association, even if they have left the Association, and for all other loans to entities outside the Association,
4. to enter into contracts with the persons listed in §16 (1) and (4), §19 (1) sentence 1, §29 (1) and (2), unless these are service contracts or ongoing administrative transactions,
5. to provide securities of all kinds, in particular to enter into guarantees, letters of comfort and indemnity agreements regardless of the amount of the obligation.

(2) The resolution pursuant to Section 17 (5) (7) may be authorised subject to the following conditions:

1. The formation or entry is not necessary for the fulfilment of the association's own tasks, but is useful,
2. there is a connection with the association's sovereign tasks, which themselves remain with the association,
3. the fulfilment of the tasks incumbent on the association in accordance with the law and the articles of association is not impaired,
4. there is no conflict of interest with the association and
5. § Section 3 (3) of the Remuneration Disclosure Act of 17 December 2009 (GV.NRW.S. 950), as amended, applies.

(3) The details of paragraph 1 numbers 2 and 5 shall be governed by the Articles of Association.

(4) Transactions in accordance with paragraph 1 that the Association undertakes without the required authorisation are invalid. The granting of loans to members of the Association's bodies and the Appeals Committee is not permitted

§ Section 39 (omitted)

§ 40 Dissolution

The Association can only be dissolved by law.

§ Section 41 (omitted)

Amendment of the Biggetal Dam Act

Articles 1 and 2 shall enter into force on 1 July 1990.

The state government

North Rhine-Westphalia