§1 Registered office, association territory
(to §1 paragraph 2 and §5 RuhrVG)
(1) The seat of the Association is Essen.
(2) 1 The outer boundaries of the Association's territory shall be shown on a general map at a scale of 1 : 25,000; it may also be kept in electronic form. 2 If necessary, the Association administration shall create sections of border areas at a suitable scale to enable it to be determined whether a property is located in the Association area.
§ 2 Minimum contributions for the establishment of membership, list of members
(to § 6 RuhrVG)
(1) 1 The minimum contribution pursuant to § 6 paragraph 2 sentence 1 RuhrVG for the wastewater dischargers covered by § 6 paragraph 1 sentence 1 number 4 RuhrVG shall be one fifty-thousandth of the general cleanliness contributions attributable to the wastewater discharging members pursuant to § 24 paragraph 2, rounded down to the nearest 5 euros. 2 For other commercial enterprises and owners within the meaning of § 6 paragraph 1 sentence 1 number 4 RuhrVG (e.g. engine owners pursuant to § 21 paragraph 2) and in the cases of § 6 paragraph 1 sentences 2 and 3 RuhrVG, the minimum contribution shall be 100 euros.
(2) 1 The list of members shall be drawn up by the Executive Board on the basis of the annual contributions determined by the Executive Board and shall be updated annually. 2 The list shall be available for inspection at the registered office of the Association's administration and the local administrations of the Association.
§ Section 3 Contribution unit, total number of delegates, term of office
(on Sections 12, 13 (4) RuhrVG)
(1) One hundred and fiftieth of the sum of all annual contributions to be taken as a basis in accordance with § 12 (2) RuhrVG, rounded down to full euros, shall constitute one contribution unit.
(2) The total number of delegates shall be the sum of the nominated and elected delegates pursuant to § 12 (2) and (3) RuhrVG and the two delegates pursuant to § 12 (4) RuhrVG.
(3) The term of office of the delegates ends with the constitution of the new Association Assembly, which takes place every five years (Section 13 (4) RuhrVG).
§ 4 Appointment of delegates
(on Sections 12 (2), 13 RuhrVG)
(1) 1 The members who achieve at least one full contribution unit must nominate one delegate for each full contribution unit in writing to the chairperson of the Association Council within three months of the announcement of the extracts from the list in accordance with Section 13 (7) RuhrVG. 2 The persons to be delegated shall be named with their first names and surnames, stating the facts that justify the fulfilment of the legal requirements for delegate status and, in the case of § 13 para. 5 RuhrVG, also stating their relationship to the local authority.
(2) Paragraph 1 sentence 2 shall apply accordingly to a substitute appointment (Section 13 (6) RuhrVG).
§ 5 Formation of voting groups
(on Section 12 (3) and Section 13 (7) RuhrVG)
(1) 1 A voting group shall be formed for each of the member groups pursuant to Section 6 (1) sentence 1 numbers 1 to 4 RuhrVG. 2 The chairperson of the Executive Board shall inform the members in writing, at the latest seven months before the end of the delegates' term of office, that they can participate in a voting group with their contribution units within their membership group by publishing the extracts from the list in accordance with Section 13 (7) RuhrVG. 3 Members who can be allocated to more than one membership group on the basis of their contributions may choose to join only one voting group with their contribution units. 4 An extract from the list shall also be forwarded to the relevant municipal umbrella organisations and chambers of industry and commerce.
(2) The members must inform the Executive Board in writing within a cut-off period of six weeks after the announcement pursuant to paragraph 1 whether they wish to participate in a voting group and, in the case of paragraph 1 sentence 3, which voting group they wish to join.
(3) The list pursuant to Section 13 (7) RuhrVG may be inspected by the members and their authorised representatives at the registered office of the Association's administration and the local administrations of the Association.
§ 6 Election of the delegates of the voting groups
§ 6 Election of the delegates of the voting groups
(1) The Chairperson of the Executive Board shall announce the composition of the voting group and the number of delegates to be elected by the voting group to the members united in a voting group and shall request them to submit at least as many nominations as delegates can be elected and sent by the voting group.
(2) 1 Each member is entitled to vote within its voting group and receives as many votes as its contribution unit, rounded down to the nearest euro. 2 Votes may not be split between several voting groups.
(3) 1 Each person entitled to vote is authorised to make proposals for the election of the delegates to be elected in his or her voting group. 2 The election proposals must be submitted to the Executive Board in writing within six weeks of the announcement in accordance with paragraph 1; § 4 paragraph 1 sentence 2 applies accordingly. 3 Nominations received later can only be considered as long as the number of nominees is insufficient. 4 The Chairperson of the Executive Board shall request further nominations if the requirements of Section 13 (5) sentences 2 and 3 RuhrVG cannot be met with the nominations submitted or the number of nominees is insufficient.
(4) 1 Ballot papers shall be compiled from the nominations for each voting group. 2 The Chairperson of the Executive Board forwards these to those authorised to vote.
(5) 1 If no more nominations are made from a voting group than the number of delegates in that voting group and no member of that voting group requests in writing that an election be held by written ballot after the nominations have been forwarded in accordance with paragraph 4 within a cut-off period set by the Chairperson of the Executive Board, the nominees in that voting group shall be elected. 2 The cut-off period must be at least two weeks.
(6) If there are more nominations from a voting group than there are delegates, or if a member requests that an election be held, an election of delegates shall be held in writing by returning the ballot papers within a further cut-off period determined by the Chairperson of the Executive Board; paragraph 5 sentence 2 shall apply accordingly.
(7) 1 The persons entitled to vote may tick no more nominees on the ballot paper sent to them than the number of delegates their voting group is entitled to. 2 The nominees are elected in the order of the highest number of votes they receive. 3 In the event of an equal number of votes, the election shall be decided by lot.
(8) 1 If more representatives of the administration have been elected in the voting groups of the member groups pursuant to Section 6 para. 1 sentence 1 numbers 1 and 2 RuhrVG than members of the representation of the local authorities, the representatives of the administration elected with the lower number of votes shall step down in favour of the members of the representation of the local authorities with votes until half of all delegates consist of members of the representation of the local authorities. 2 paragraph 7 sentences 2 and 3 shall apply accordingly.
(9) If the number of elected delegates is smaller than the number of delegates allocated to this voting group, the total number of delegates in this voting group shall be limited to the number of elected delegates.
(10) 1 The evaluation of the ballot papers shall be checked by one representative of each voting group. 2 Minutes shall be kept of the elections and their results. 3 The minutes shall be signed by the Chairperson of the Executive Board and the representatives of the voting groups and sent to the members as well as the Chairperson of the Association Council, the relevant municipal umbrella organisations and chambers of industry and commerce.
(11) 1 If a delegate of a voting group resigns prematurely (Section 13 (6) RuhrVG), the member of the Association to which the resigning delegate belonged shall appoint a replacement delegate. 2 This delegate shall be deemed elected for the remainder of the term of office. 3 If the office of a delegate expires due to the member concerned leaving the Association, paragraphs 1 to 10 shall apply accordingly.
§ 7 List of delegates
(on Section 13 (7) RuhrVG)
1 The delegates shall be listed by the Executive Board in a list that shall be updated in accordance with any changes. 2 The Executive Board must be notified immediately in writing of any changes in accordance with Section 13 (6) sentence 1 RuhrVG. 3 The list may be inspected by the delegates as well as the members and their authorised representatives at the headquarters of the Association's administration and the local administrations of the Association.
§ 8 Convening and meetings of the Association Assembly, compensation
(to § 15 RuhrVG)
(1) Members who send delegates in accordance with Section 12 (2) RuhrVG or who are represented exclusively by delegates in accordance with Section 12 (3) RuhrVG shall be informed of the meetings at the same time and to the same extent as the delegates, provided they apply to the Association in good time.
(2) 1 Matters that are not suitable for public discussion may be dealt with in a closed meeting at the request of a delegate, the Association Council or the Executive Board. 2 Section 15 (6) RuhrVG shall apply to the resolution on this motion.
(3) 1 Resolutions may only be passed on items that are not on the agenda if more than half of all delegates are represented and no delegate objects. 2 No decisions may be taken on the Articles of Association and their amendments, the investment guidelines and their amendments, the adoption of the business plan and its amendments or the election of members of the Association Council without prior announcement on the agenda.
(4) Delegates may not be represented at the Association meeting.
(5) The minutes of the meetings of the Association Assembly shall be forwarded to the members, the delegates, the members of the Association Council, the supervisory authority, the representatives pursuant to Section 15 (8) RuhrVG and the Executive Board within six weeks.
(6) 1 Resolutions of the Association Assembly shall be recorded in a resolution book. 2 Resolutions that have been cancelled, amended or supplemented shall be marked accordingly.
(7) The Association Assembly may form commissions from among its members to prepare the matters for which it is responsible.
(8) The delegates shall receive compensation for the performance of their duties, the amount of which shall be decided by the Association Assembly.
§ 9 Election of the members of the Association Council
(to § 16 RuhrVG)
(1) At least three months before the end of the Association Council's term of office, the Executive Board shall determine how many members are allocated to each of the member groups pursuant to Section 16 (1) sentence 2 numbers 1 to 4 RuhrVG and shall inform the representatives of the member groups on the Association Council of the result.
(2) 1 The election of the members of the Association Council shall be held separately for the members pursuant to Section 16 (1) sentence 2 numbers 1 to 5 RuhrVG. 2 The same shall apply to the election of employee representatives in accordance with Section 16 (2) sentence 2 numbers 1 and 2 RuhrVG, with the proviso that the staff council shall make a recommendation for the employee representatives to be elected. 3 If more nominations are made for the representatives of the administration in the member groups pursuant to Section 16 (1) sentence 2 numbers 1 and 2 RuhrVG than are attributable to them pursuant to Section 16 (1) sentence 4 RuhrVG, a separate election shall be held for the representatives of the administration and for the members of the local authority representation.
(3) 1 The members of the Association Council shall be elected by a show of hands using a voting card if there is unanimous consent, otherwise by ballot paper. 2 If an election is held by casting ballot papers, no more persons may be marked with a cross than the number of members to be elected.
(4) 1 Those nominated for election are elected in the order of the highest number of votes they receive. 2 In the event of a tie, a run-off vote shall be held among the non-elected persons who received the most votes. 3 The run-off election shall be decided by a majority of the valid votes cast; in the event of a tie, the election shall be decided by drawing lots.
(5) In the event of a by-election (Section 16 (6) sentence 4 RuhrVG), paragraphs 2 to 4 shall apply accordingly.
§ Section 10 Meetings of the Association Council, resolution book, compensation
(to § 18 RuhrVG)
(1) 1 The chairperson of the Association Council shall invite the representative of the supervisory authority to the meetings in the same way as the members of the Association Council. 2 The Executive Board shall participate in the meetings of the Association Council unless the Association Council decides otherwise.
(2) If a member of the Association Council is unable to attend, the chairperson of the Association Council must be informed immediately.
(3) The minutes of the meetings of the Association Council shall be forwarded to the members of the Association Council, the Executive Board and the supervisory authority within six weeks.
(4) 1 Resolutions of the Association Council shall be recorded in a resolution book. 2 Resolutions that have been cancelled, amended or supplemented shall be marked accordingly.
(5) The members of the Association Council shall receive compensation for the performance of their duties, the amount of which shall be decided by the Association Assembly.
§ 11 Committees of the Association Council
(1) The Association Council shall form the following committees for its deliberations: 1. main and audit committee, 2. finance committee, 3. construction committee.
(2) 1 The committees shall each consist of four members of the Association Council. 2 One member each shall be appointed by the members pursuant to Section 16 (1) sentence 2 numbers 1, 3, 4 and 5 RuhrVG. 3 The Executive Board shall participate in the committee meetings. 4 Each committee may call in expert persons for its deliberations in individual cases.
(3) The Association Council may form further committees.
(4) 1 Minutes shall be taken of the meetings of the committees. 2 The minutes shall be forwarded to all members of the Association Council and the Executive Board within six weeks.
§ Section 12 Composition of the Executive Board, responsibilities
(on Section 17 (5) No. 12, Sections 19 to 21 RuhrVG)
(1) 1 As the head of the Association's administration, the chairperson of the Executive Board is the head of department within the meaning of the State Staff Representation Act. 2 In all other respects, the responsibilities of the individual members of the Executive Board shall be determined by the resolution of the Association Council pursuant to Section 17 (4) No. 5 RuhrVG and the rules of procedure for the Executive Board subject to its approval (Section 17 (5) No. 11 RuhrVG).
(2) 1 The chairperson of the Association council shall inform the supervisory authority of the composition of the Executive Board and the responsibilities of the Executive Board members after each election of Executive Board members. 2 The supervisory authority shall issue the identity card for the members of the Executive Board in the form of a collective certificate.
(3) 1 In addition to the cases specified in the Ruhrverband Act, the entire Executive Board shall decide on: 1. obtaining authorisations in accordance with Section 38 (1) RuhrVG, 2. issuing and significantly amending important orders and decrees, 3. concluding and significantly amending service agreements, 4. Appointment of heads of the divisions, central divisions, departments and staff units and branch offices as well as their deputies, 5. Recruitment of employees from pay group 11 of the collective labour agreement applicable to the employees of the association as well as all decisions concerning the employment relationship of such employees, 6. Granting of powers of attorney. 2 In addition, the Executive Board is authorised to specify further cases in the rules of procedure for the Executive Board in which a decision must also be made by the entire Executive Board. 3 The appointment of heads of the business and central divisions as well as the internal audit department and their deputies requires the approval of the Association Council.
(4) 1 Transactions and other matters that are within the scope of the business plan authorisations are of outstanding importance within the meaning of Section 17 (5) No. 12 RuhrVG if their value reaches or exceeds EUR 5 million. 2 This does not affect the need to obtain approval in accordance with Section 17 (5) (2) RuhrVG and the authorisation of excessive and unbudgeted expenditure in accordance with Section 23 (2) RuhrVG.
§ 13 Installations of the association, transfer point
(1) 1 The type and scope of the Association's facilities must be designed, maintained, operated and, if necessary, modified, supplemented and newly constructed in such a way that they are suitable for fulfilling the Association's tasks as economically as possible; the relevant regulations and rules of technology must be observed. 2 The type and scope of the facilities and measures are set out in detail in the overviews in accordance with § 3 Paragraph 2 RuhrVG and in the wastewater disposal concepts in accordance with § 53 of the State Water Act.
(2) 1 The members discharging wastewater shall transfer their wastewater to be treated by the Association in accordance with § 53 of the State Water Act to the Association with sufficient upstream flow at a point at which a wastewater treatment plant for these members could be appropriately constructed or extended on suitable land in accordance with the relevant rules of technology (transfer point for wastewater). 2 The Association shall take over the wastewater at the transfer point. 3 Insofar as the members pursuant to § 6 paragraph 1 sentence 1 number 1 RuhrVG are responsible for taking over the sludge produced in small sewage treatment plants, the Association shall take it over at the points specified by it.
(3) 1 The members pursuant to § 6 para. 1 sentence 1 no. 1 RuhrVG shall hand over their wastewater mixed with precipitation water to be treated by the Association in accordance with § 53 of the State Water Act to the Association with sufficient receiving water at a point at which a plant or measure for the treatment and retention of this wastewater for the catchment area covered could be expediently erected or extended or carried out in accordance with the relevant rules of technology on suitable land (transfer point for precipitation water). 2 The Association shall accept this wastewater at the transfer point; for the part of the wastewater that is to be fed to a sewage treatment plant, the provisions of the transfer point for wastewater pursuant to paragraph 2 shall apply mutatis mutandis.
§ Section 14 Obligations to protect waters, properties and facilities
(on Section 7 (1) RuhrVG)
(1) 1 Members discharging wastewater must notify the Association in good time if the type, quantity or quality of their wastewater will change permanently in such a way that this change may affect the operation of the Association's existing or planned wastewater facilities. 2 In cases of doubt, the Association must be consulted.
(2) 1 Wastewater that is likely to escape reasonable treatment, adversely affect the operation or effect of treatment, damage wastewater facilities or significantly impede the disposal of sewage sludge may not be fed into the Association's wastewater disposal facilities. 2 For more detailed regulation, the Association may attach special conditions to the acceptance, in particular make it dependent on pre-treatment. 3 The provisions and regulations of the municipal statutes applicable to indirect dischargers shall remain unaffected by this.
(3) 1 If, contrary to paragraph 2, wastewater is repeatedly or continuously fed into a wastewater treatment plant of the Association, the Association shall inform the member that has fed the wastewater into this plant. 2 If the discharge of such wastewater continues, the Association shall be authorised, after prior notification of the competent regulatory authority and after the expiry of a deadline set in writing for the member, not to accept this wastewater unless the regulatory authority instructs the Association to continue accepting it.
(4) If substances which are likely to evade reasonable treatment, have a lasting effect on the operation or effectiveness of treatment, damage wastewater facilities or make sewage sludge disposal considerably more difficult have entered a public wastewater facility to which a wastewater treatment facility of the Association is assigned, the Association must be notified immediately so that the necessary measures can be taken to protect the facilities and waters.
§ 15 Construction and action plans
(on section 17 (5) number 2 RuhrVG)
(1) 1 The construction and action plans for the Association companies to be submitted to the Association Council for approval (§ 17 para. 5 no. 2 RuhrVG) must contain the information required to assess the type, scope, purpose and costs, broken down according to the individual tasks of the Association, as well as the planned financing and, as far as possible, the expected construction period. 2 The documents must be accompanied by a forecast of the annual economic plan charges arising after completion of the measures.
(2) 1 Expenditure and commitment authorisations for construction measures may only be budgeted once the documents referred to in paragraph 1 have been submitted. 2 Exceptions are permitted if it is not possible in individual cases to finalise the documents in good time and the Association would be disadvantaged by a later estimate.
(3) Commitments for construction measures may only be entered into once the financing of the individual projects has been secured.
§ Section 16 Financial management; accounting
(on Sections 22 a (1), 24 (2) RuhrVG)
1 Insofar as these Articles of Association do not regulate anything more detailed or deviating in addition to Sections 22a, 23 and 24 RuhrVG, the provisions applicable to the municipal budget law of the state of North Rhine-Westphalia shall apply accordingly. 2 In detail, deviations are permitted that are necessary or expedient due to the nature of the Association's tasks. 3 The Executive Board shall regulate the details in rules for financial management and in audit regulations.
§ Section 17 Annual financial statements, audit
(on Section 24 (2) RuhrVG)
(1) The auditing body for the audit of the annual financial statements is an auditing company to be appointed by the Association's General Meeting (external auditing body), which must observe the principles of proper auditing.
(2) After the end of the financial year, the Executive Board shall prepare the annual financial statements in the first half of the new financial year and submit them to the external auditors.
(3) 1 The external auditors shall examine the annual financial statements and all documents, in particular whether the business plan and the provisions applicable to the annual financial statements pursuant to § 22 a (1) and (3) RuhrVG have been complied with. 2 The Executive Board and the Association Council may commission the external auditors to audit the financial management in more detail.
(4) The annual financial statements of the companies and enterprises in which the Association holds a significant interest shall be audited in a corresponding manner within a reasonable period after the end of the financial year.
(5) The audit reports of the external auditors shall be submitted to the Executive Board and the Association Council.
(6) 1 The Association has an internal audit department (internal audit), which is organisationally subordinate to the Chairperson of the Executive Board. 2 In particular, it shall perform the following tasks
a) the financial management,
b) the annual financial statements in coordination with the external auditors,
c) payment transactions and the cash registers,
d) the business transactions and the underlying documents,
e) the awarding of contracts,
f) the assets,
g) compliance with existing rules and regulations,
h) the efficiency and expediency of the Association's administration and its companies.
3 The internal audit office is independent of instructions from the Executive Board when conducting audits and special audit assignments. 4 The scope of the activity caused by special audit mandates may not be so great that the internal audit body can no longer carry out those audits that it deems necessary at its discretion. 5 Further details on the organisation, subject matter, type and scope of the internal audit as well as staffing are regulated in the audit regulations.
§ 18 Approval of the annual financial statements and discharge of the Executive Board
(on section 14 (2) no. 6 RuhrVG)
(1) The Executive Board shall submit the annual financial statements and the annual financial statements of the companies and the companies in which the Association holds a significant interest, together with the audit opinion of the external auditor, to the Association meeting at which the business plan for the coming year is decided.
(2) At the meeting in accordance with paragraph 1, the Association meeting shall resolve on the approval of the annual financial statements presented and the discharge of the Executive Board.
§ 19 Contribution groups and contribution requirements
(to §§ 25, 27 RuhrVG)
(1) The contributions shall be calculated on the basis of the Association's expenses for the individual tasks in accordance with § 2 RuhrVG, taking into account the associated income or revenue, and shall be listed separately by contribution group in the list of contributions.
(2) 1 The contributory expenses shall also include depreciation on the unreduced acquisition and production costs. 2 Depreciation shall be calculated evenly in accordance with the useful life.
§ 20 Withdrawal contributions
(on Section 26 (3) RuhrVG)
(1) 1 The contributions for the costs pursuant to Section 26 (3) RuhrVG (abstraction contributions) are made up of a quantity contribution share and a system contribution share. 2 The quantity contribution share is determined by the quantities of water withdrawn by a member in the withdrawal classes regulated in paragraphs 3 to 5 during the survey period. 3 The contribution share system is determined by the average of the water quantities assessed in the years 2003 to 2005; any additional water quantities for which special contributions are levied pursuant to section 20a are not taken into account.
(2) 1 If a member or its legal predecessor withdrew no water or less than 30,000 m³/a of water in the period 2003 to 2005, the contribution share system shall be determined on the basis of the water quantities relevant for the contribution share quantity until three consecutive assessment years have been completed; thereafter, the contribution share system shall be determined on the basis of the average of the water quantities assessed in the first three assessment years. 2 Only assessment years in which abstractions took place throughout the year in the assessment period shall count.
(3) If abstracted water is permanently withdrawn from the Association area (A water), the water users concerned must pay contributions on 67 per cent of the abstracted water.
(4) If withdrawn water is returned to the Association's territory, except for the losses incurred during utilisation (B water), the water withdrawers concerned shall pay contributions on 36 percent of the withdrawn water.
(5) 1 If abstracted water is used in the company's own operations and more than 90 per cent of it is returned to the territory of the Association, the water abstractors concerned shall, in deviation from paragraph 3, pay contributions as follows:- of 18 per cent of the abstracted water if it is not used exclusively for cooling purposes (C1 water),- of 8 per cent of the abstracted water if it is used exclusively for cooling purposes (C2 water). 2 Pumped storage plants shall pay contributions of 30 per cent of the total content of the upper reservoir for water withdrawn exclusively for pumped storage purposes (C3 water).
(6) If water is abstracted in a part of the Association's territory not directly affected by the reservoir equalisation scheme, half of the contribution shall be paid.
(7) 1 If members draw water directly from the Association's reservoirs or receive water directly from the Association, they shall pay a special contribution for this special benefit, the amount of which shall be determined by the Executive Board in agreement with the Association Council. 2 The obligation to pay contributions in accordance with paragraphs 2 to 4 and any special regulations made shall remain unaffected by this.
§ 20 a Special contributions for additional water volumes
(1) 1 Water abstractors pursuant to § 6 paragraph 1 sentence 1 number 3 RuhrVG who, as water supply companies, abstract additional quantities of water after 31 December 2005 because they supply new supply areas or new special customers with a minimum volume of 30,000 m³/a each by concluding new contracts shall, upon application, pay only 75 percent of the contribution pursuant to § 20 paragraph 3 for these additional quantities of water, including the share of clean water pursuant to § 24 paragraph 4 (B water); this shall also apply if the additional water abstracted is permanently withdrawn from the association area. 2 The application of this regulation is excluded insofar as the new supply areas or special customers are those that were supplied by the water user or a legal predecessor before 31 December 2005 but have since ceased to be supplied. 3 New supply areas are those that were not supplied with water from any part of the Association's territory affected by the reservoir equalisation or from the Association's reservoirs by any water supply company at any time before 31 December 2005. 4 New special customers are those who have never before 31 December 2005, either as a member of the Ruhrverband or as a customer of a water supply company, been supplied with water from a part of the Association's territory affected by reservoir equalisation or from reservoirs belonging to the Association. 5 A company which is the legal successor of a company which, prior to 31 December 2005, drew water from a part of the Association's territory affected by reservoir equalisation or from reservoirs of the Association, or which has taken over installations, properties or operating sites of a company which were supplied with water from a part of the Association's territory affected by reservoir equalisation prior to 31 December 2005, shall not be considered a new special customer within the meaning of this provision.
(2) 1 Water abstractors pursuant to § 6 para. 1 sentence 1 no. 3 RuhrVG who withdraw additional quantities of water for their own operations after 31 December 2005 because they supply their own new facilities, properties or operating sites with a minimum withdrawal of 30,000 m³/a each shall, upon application, pay only 75 percent of the contribution pursuant to § 20 para. 4 second indent for these additional quantities of water, including the purity share pursuant to § 24 para. 4 (C2 water); this shall also apply if the additional water withdrawn is not used exclusively for cooling purposes. 2 The application of this regulation is excluded insofar as the new installations, properties or operating sites are those that were supplied by the water abstractor or a legal predecessor before 31 December 2005 but have since ceased to be supplied.
(3) Retroactive contributions pursuant to § 25 (4) RuhrVG shall be reduced by special contributions within the meaning of this provision.
(4) The conditions for the application of subsections (1) and (2) must be proven by the respective members in the declaration pursuant to § 28 (2).
(5) If additional water quantities within the meaning of subsection (1) sentence 1 are withdrawn for the first time from 1 January 2013, only the following shares of the contribution pursuant to section 20 (3), including the clean water share pursuant to section 24 (4) (B water), shall be payable for these quantities upon application:
| for quantities of | 30 000 m³/a to | 50 000 m³/a: | 0,72 |
| for quantities over | 50 000 m³/a to | 100 000 m³/a: | 0,69 |
| for quantities over | 100 000 m³/a to | 500 000 m³/a: | 0,64 |
| for quantities over | 500 000 m³/a to | 1 000 000 m³/a: | 0,59 |
| for quantities over | 1 000 000 m³/a to | 5 000 000 m³/a up to | 0,49 |
| for quantities over | 5 000 000 m³/a: | 0,39 |
(6) If additional water quantities within the meaning of paragraph 2 sentence 1 are withdrawn for the first time from 1 January 2013, only the following shares of the contribution pursuant to § 20 paragraph 4, second indent, including the clean water share pursuant to § 24 paragraph 4 (C2 water) shall be payable for these quantities upon application:
| for quantities of | 30 000 m³/a to | 5 000 000 m³/a: | 0,72 |
| for quantities over | 5 000 000 m³/a to | 10 000 000 m³/a: | 0,69 |
| for quantities over | 10 000 000 m³/a to | 50 000 000 m³/a: | 0,64 |
| for quantities over | 50 000 000 m³/a to | 100 000 000 m³/a: | 0,59 |
| for quantities over | 100 000 000 m³/a to | 150 000 000 m³/a up to | 0,49 |
| for quantities over | 150 000 000 m³/a: | 0,39 |
(7) Additional water quantities within the meaning of paragraphs 1 and 2, which were already assessed with reduced special contributions before 1 January 2013, shall also be assessed with the previously applicable reduction rates when additional water quantities within the meaning of paragraphs 5 and 6 are added.
(8) Increases and decreases in withdrawals within the meaning of paragraphs 5 and 6 shall lead to an adjustment of the reduction rates.
§ 21 Contributions for the equalisation of water flow and securing flood discharge
(1) The costs incurred in the fulfilment of the tasks pursuant to § 2 paragraph 1 number 1 RuhrVG shall, insofar as they are not covered by § 26 paragraph 3 RuhrVG, be distributed among the members concerned pursuant to § 6 paragraph 1 sentence 1 numbers 1 and 2 RuhrVG within the area in which the reason for the compensatory measures arose; insofar as flood protection measures are carried out, the resulting costs shall be distributed among those members who derive a not insignificant advantage from these measures.
(2) 1 For the utilisation of hydropower, engine contributions shall be levied according to the extent of the benefit resulting from the operation of the Association's dam system. 2 The amount of the engine contributions shall be based on the installed capacity (expansion capacity). 3 Further details are regulated by the assessment guidelines.
§ 22 Contributions for watercourse maintenance
(to § 2 paragraph 1 number 2 RuhrVG)
(1) 1 If the association takes over the task of watercourse maintenance in whole or in part from a member responsible for it, the costs incurred in the fulfilment of the task that are not covered by financial assistance shall be allocated to the member subject to the provision in paragraph 2. 2 In the event that several members take on the task, sentence 1 shall apply with the proviso that the sub-distribution of the expenditure shall be based on the discharge conditions in the lateral catchment area and the length of the watercourse stretches at the time the task is taken on.
(2) 1 If watercourse maintenance is the responsibility of the association in connection with existing association facilities or measures, the maintenance costs shall be allocated to the relevant facility or measure. 2 The allocation of this expense shall be based on the applicable provisions.
§ 23 Contributions for watercourse restoration
(on section 2 (1) no. 3 RuhrVG)
(1) 1 If the Association takes over the task of renaturalising a watercourse or a section of a watercourse in whole or in part from a member obliged to maintain and develop the watercourse, the costs incurred in fulfilling the task that are not covered by financial assistance shall be allocated to the member, subject to the provision in paragraph 2. 2 In the event of several members taking on the task, sentence 1 shall apply with the proviso that the sub-distribution of the expenditure shall be based on the length of the stretches of watercourse in need of renaturalisation at the time the task is taken on.
(2) If members were responsible for the previous development of a watercourse, the costs incurred for the renaturalisation of a watercourse or a section of a watercourse that are not covered by financial assistance from the federal state shall be allocated to these members as a priority.
§ Section 24 Contributions pursuant to section 26 (4) RuhrVG
(1) The contributions for the costs pursuant to § 26 para. 4 RuhrVG shall be distributed among the members discharging wastewater and the water users in accordance with the following paragraphs.
(2) 1 The costs incurred in the fulfilment of the tasks pursuant to § 2 paragraph 1 numbers 6 to 8 RuhrVG shall be allocated to all members pursuant to paragraph 1, taking into account the share attributable to the water users pursuant to paragraph 3 (general clean water contributions: A contributions), whereby the wastewater levy for wastewater to be paid by the Association in accordance with the provisions of the State Wastewater Levy Act shall only be allocated to the members discharging wastewater and the wastewater levy to be paid for precipitation water shall only be allocated to the members in accordance with § 6 paragraph 1 sentence 1 number 1 RuhrVG, provided that the Association treats and discharges all or part of their wastewater. 2 The quantity and quality of the wastewater of the wastewater dischargers that do not reach the minimum contribution in accordance with § 2 paragraph 1 sentence 1, as well as the benefit they derive from the disposal of the wastewater, sewage sludge and other solid substances, shall be taken into account in the assessment of the members in accordance with § 6 paragraph 1 sentence 1 number 1 RuhrVG into whose sewerage system they discharge their wastewater.
(3) 1 The overviews in accordance with § 3 (2) and (3) RuhrVG shall show the companies in which the water users must participate (§ 26 (4) sentence 2 RuhrVG). 2 The ratio of the resulting costs to the costs incurred by the Association as a whole from the fulfilment of the tasks assigned to it in section 2(1) nos. 6 to 8 RuhrVG determines the share of the water abstractors in the general clean water contributions; this cost share shall be 4.5 percent from the 2020 financial year and shall remain at this level until a change in the factors on which its calculation is based requires an adjustment.
(4) 1 The contributions for the costs pursuant to Section 26 (4) sentence 2 RuhrVG (clean water share) are made up of a volume contribution share and a system contribution share. 2 The contribution share quantity is determined by the quantities of water of the respective abstraction classes abstracted by a member during the period of assessment. 3 The contribution share system is determined by the average of the water volumes assessed in the years 2003 to 2005; any additional water volumes for which special contributions are levied in accordance with § 20a are not taken into account. 4 When distributing the contributions among the water abstractors, the abstractors of A water shall pay contributions of 100 per cent and the abstractors of B water of 77 per cent of the total abstraction volume. 5 For the abstraction of C1 water, the water abstractors shall pay contributions of 23 per cent and for the abstraction of C2 water of 7 per cent of the total abstraction volume incurred for the respective purpose. 6 Pumped storage plants do not pay a contribution for water withdrawn for pumped storage purposes. 7 If water is abstracted at a point upstream of which the Association does not operate a wastewater treatment plant, half of the contribution shall be paid. 8 The regulations in § 20 paragraph 2 apply accordingly.
§ 25 Special contributions for wastewater drains
(1) Expenses for Association facilities or measures from which individual members discharging wastewater derive a special benefit or which are due to the special circumstances of one of these members shall be allocated to these members (special cleanliness contributions: B contributions).
(2) If the requirements for the transfer point (§ 13 (2) and (3)) have to be met by special measures, these expenses shall be covered by B contributions from the member concerned.
(3) If the Association incurs expenses or costs as a result of a breach of § 14 para. 2, these shall be covered by B contributions from the member that supplied the wastewater to the Association's facilities or caused the expenses or costs in any other way; costs shall also include higher wastewater charges to which the Association is liable.
§ 26 Contributions for the determination of water management conditions
The costs incurred in the fulfilment of the tasks pursuant to Section 2 (1) No. 9 RuhrVG shall, insofar as they cannot be allocated to individual tasks pursuant to Section 2 (1) Nos. 1 to 8 RuhrVG, be distributed among all members in proportion to their contribution shares in the total contribution.
§ Section 26 a Special contributions for assumed tasks
(to §§ 4 paragraph 1, 11 paragraph 3 number 10 RuhrVG)
1 Expenses incurred by the Association from the fulfilment of assumed tasks, insofar as they serve the exclusive benefit of a member, shall be shown separately in a sub-economic plan and imposed on the benefiting member through contributions whose task has been assumed. 2 The same shall apply in the event that tasks are assumed by several members or a group of members.
§ 28 Assessment
(to §§ 7, 27 RuhrVG)
(1) 1 The assessment shall be made for the current financial year. 2 In principle, the circumstances of the previous year shall be used as a basis (assessment period). 3 If this is not possible, the circumstances of the current financial year shall be used - if necessary by way of an estimate. 4 Any equalisation shall be carried out at the next assessment.
(2) 1 At the request of the Executive Board, the members must submit a declaration of their actual circumstances to be taken into account for the assessment within a period specified by the Executive Board. 2 Within this period, members must also report any changes that have occurred or are occurring compared to previous assessments (§ 7 (6) RuhrVG).
(3) Once the contributions have been determined, those assessed shall be informed in the contribution notice that they may inspect the list of contributions and the associated documents for one month at the headquarters of the Association administration and the local administrations.
(4) 1 Members discharging wastewater who have constructed installations or facilities or for whom other events have occurred which are certain to result in a permanent reduction in the harmfulness of the pollution caused shall have their contribution reduced from the next assessment year upon written request. 2 However, the contribution shall continue to be levied at least to the extent that the Association incurs expenses as a result of having constructed facilities for the removal of the pollution caused by this member. 3 The payment obligation shall apply for a maximum of 15 years. 4 If such facilities are utilised to at least the same extent by the wastewater of remaining or new members, the contribution may be waived in whole or in part.
§ Section 28 a Assessment of retired members and members restricting their participation pursuant to section 6 (1) sentence 1 no. 4 RuhrVG
(on Section 25 (4) RuhrVG)
(1) 1 Wastewater dischargers pursuant to § 6 para. 1 sentence 1 no. 4 RuhrVG whose wastewater changes in quantity or nature in such a way that the minimum contribution pursuant to § 2 para. 1 sentence 1 is no longer reached (withdrawal from the association), shall continue to be assessed contributions on the basis of § 25 paragraph 4 RuhrVG in accordance with the provisions of this paragraph for the period after their withdrawal if their clean water contribution, without taking into account the wastewater levy, has reached the amount of 35,000 euros on average for the assessment years 2003 to 2005 (retroactive contributions for the withdrawal). 2 The average value of the valuation units to be applied in accordance with the assessment guidelines for the three assessment years preceding the withdrawal from the association is used as the basis for calculating a retroactive contribution for the withdrawal, whereby this value is reduced by one fifteenth in each assessment year after the withdrawal. 3 The subsequent obligation to pay contributions shall apply for 15 years. 4 If the Association's wastewater treatment plants are utilised by the wastewater of remaining or newly joining members to at least the same extent as previously by the retired member, the retired member shall not be required to pay retroactive contributions; the burden of proof for this lies with the retired member. 5 If a retired member rejoins the Association, the retroactive assessment of contributions shall end; if the member leaves the Association again, it shall be continued on the basis of the assessment applicable prior to rejoining.
(2) 1 Wastewater dischargers pursuant to § 6 para. 1 sentence 1 no. 4 RuhrVG whose wastewater changes in terms of quantity or quality in such a way that the minimum contribution pursuant to § 2 para. 1 sentence 1 is not undercut, but whose valuation units on which the calculation of the contribution is to be based fall by more than 20 per cent compared to the average of the assessment years 2003 to 2005 (restriction of participation), shall continue to be assessed contributions for the respective reduction share on the basis of § 25 paragraph 4 RuhrVG in accordance with the provisions of this paragraph for the period after their reduction in participation if their clean water contribution, without taking into account the wastewater levy, has reached the amount of 35,000 euros on average for the assessment years 2003 to 2005 (retroactive contributions for the reduction in participation). 2 The calculation of a retroactive contribution for the restriction of participation is based on the average value of the valuation units to be recognised in accordance with the assessment guidelines for the three assessment years preceding the restriction of participation less the actual valuation units to be recognised, whereby this value is reduced by one fifteenth in each assessment year following the restriction of participation. 3 The subsequent obligation to contribute shall apply for a maximum of 15 years, but shall in any case end when the valuation units of the member concerned on which the calculation of the regular clean water contribution is based, without taking into account the wastewater levy, once again reach 80 per cent of the average level for the assessment years 2003 to 2005. 4 Otherwise, the provisions of paragraph 1 shall apply accordingly.
(3) If, after 31 December 2005, installations of a member discharging wastewater are transferred to another company controlled by it and if this company suffers financial collapse within three years of taking over the installations, the member that transferred the installations to the other company may be held liable for any subsequent contribution burden that may have arisen. (4) If the application of the provisions in paragraphs 1 to 3 leads to undue hardship in individual cases, the retroactive assessment may be waived in whole or in part by way of equitable remission upon application. (5) The regulations contained in this provision shall expire on 31 December 2020.
§ Section 28 b Assessment of retired members in accordance with section 6 (1) sentence 1 no. 3 RuhrVG
(on Section 25 (4) RuhrVG)
(1) 1 Water abstractors pursuant to § 6 para. 1 sentence 1 no. 3 RuhrVG whose abstraction volume in the Association area falls to 30,000 m³ or less in a calendar year (withdrawal from the Association) shall continue to be assessed for abstraction contributions on the basis of § 25 para. 4 RuhrVG in accordance with the provisions of this para. for the period after their withdrawal, if their withdrawal contribution has reached the amount of EUR 23,000 on average for the assessment years 2003 to 2005 without taking into account the reintegration share pursuant to § 26 para. 4 sentence 2 RuhrVG (retroactive contributions for withdrawal). 2 For the retroactive withdrawal contribution, the water quantities for which the member had to pay the contribution share before leaving the system shall be assessed; there shall be no further assessment of a contribution share quantity. 3 A clean water contribution pursuant to § 26 para. 4 sentence 2 RuhrVG shall no longer be levied on the retired member. 4 The subsequent obligation to pay contributions shall apply for 30 years in each case. 5 If the Association's reservoir system is utilised by withdrawals by remaining or new members to at least the same extent as previously by the retired member, the retired member shall not be called upon to make subsequent contributions; the burden of proof for this shall lie with the retired member. 6 If a retired member rejoins the Association, the retroactive assessment of contributions shall end; it shall be continued if the member leaves the Association again. 7 At the request of the retired member, the retroactive contributions shall be dynamised in accordance with the average rate of price increases in the financial plan of the current business plan at the time of retirement and capitalised using the discount rates of the Deutsche Bundesbank for a seven-year average period in accordance with the provisions of Section 253 (2) HGB; this amount shall be determined as a one-off payment. 8 The Association may also proceed in the same way without an application by the retired member in order to avert financial damage to the Cooperative. 9 The application by the retired member must be submitted before the first determination of a subsequent contribution; the same applies to the Association's option.
(2) If, after 31 December 2005, installations of a water-withdrawing member are transferred to another company controlled by it and if this company suffers financial collapse within three years of taking over the installations, the member that transferred the installations to the other company may be held liable for any subsequent contribution burden that may have arisen.
(3) If the application of the provisions in paragraphs 1 and 2 leads to undue hardship in individual cases, the retroactive assessment may be waived in whole or in part by way of equitable remission upon application.
(4) 1 Water users who left the Association before 1 January 2020 shall continue to be assessed retrospectively in accordance with the provisions applicable up to that date, but no longer than 31 December 2035. 2 The basis in these cases is the standard rate for 2019, which will be dynamised annually from 2020 onwards at the rate of price increases in the current economic plan, including compound interest.
§ 29 Contribution payments
(to § 27 RuhrVG)
(1) 1 Members must make advance payments on the contributions as determined by the Executive Board. 2 The advance payments shall amount to one quarter of the contribution of the last contribution notice. 3 The Board of Directors may adjust the advance payments to the contribution that is likely to result for the assessment period; the business plan set for this period must be taken into account accordingly.
(2) The advance payments are due for each quarter on the 15th of the second month and are to be paid to the Association in non-cash form.
(3) 1 The contribution resulting from the contribution notice is due one month after receipt of the contribution notice and is to be paid to the Association non-cash, taking into account any advance payments made. 2 The due date of overdue advance payments in accordance with paragraph 2 remains unaffected by this. 3 Any overpayments shall be offset against the advance payments for the following assessment year.
(4) 1 Upon application, the Executive Board may defer or waive contributions in whole or in part in justified exceptional cases. 2 Sections 222, 227, 234 and 238 of the German Fiscal Code apply accordingly
§ 30 Appeals Committee
(to § 29 RuhrVG)
(1) Section 9 (3) to (5) shall apply accordingly to the election and by-election of the members of the Appeals Committee pursuant to Section 29 (1) sentence 1 no. 3 RuhrVG and their deputies.
(2) The members of the Appeals Committee shall receive compensation for the performance of their duties, the amount of which shall be decided by the Association Assembly.
§ 31 Announcements
(to § 33 RuhrVG)
(1) The Association's announcements shall be signed by the Chairperson of the Executive Board, unless the Chairperson of the Association Council is responsible.
(2) Notices intended for the public shall be published in the Federal Gazette and in the official gazettes for the administrative districts of Arnsberg and Düsseldorf as well as on the Ruhrverband's website (www.ruhrverband.de).
(3) Notices of extensive announcements within the meaning of Section 33 (1) RuhrVG shall be displayed at the registered office of the Association's administration and the local administrations of the Association.
§ Section 32 Service by registered mail; electronic communication
(to § 33 RuhrVG)
(1) 1 Orders, determinations and other decisions issued in the quality of an administrative act on the basis of the Ruhrverband Act shall be delivered to the members by registered mail in accordance with the requirements of the State Delivery Act. 2 Service may also be made electronically if the recipient has opened an account for this purpose. 3 The provisions of Section 3 a (2) sentence 4 number 3 of the NRW Administrative Procedure Act shall apply to electronic service. 4 Otherwise, a written form imposed on the Association in the Ruhrverband Act or in the Ruhrverband statutes may be replaced by electronic form if the requirements of Section 3a (2) of the NRW Administrative Procedure Act are met.
(2) Applications, notifications or declarations to be addressed to the Association by members for which a written form requirement exists under the provisions of the Ruhrverband Act and the Articles of Association for the Ruhrverband may be transmitted by sending an electronic document that fulfils the requirements of Section 3 a (2) sentence 4 number 2 of the NRW Administrative Procedure Act.
§ Section 33 Authorisation of transactions
§ Section 33 Authorisation of transactions
(1) If assets are sold free of charge, a significant value within the meaning of section 38 (1) no. 2 RuhrVG is deemed to exist if the transaction value exceeds EUR 25,000.
(2) In the case of the gratuitous transfer of the use of assets on a permanent basis, a significant value within the meaning of Section 38 (1) no. 2 RuhrVG exists if an annual utilisation value of EUR 2,500 is exceeded.