Water, Wastewater, and Solid Waste Management Law
Water supply, wastewater, and solid waste disposal are among the key services provided by any municipality. Both public and private companies are involved in these services. Those responsible for these activities are required to make important strategic decisions regarding the organisational structure, the involvement of different organisations, collaboration, refinancing via fees or public taxes, and operational activities.
Just as in the private sector, the public sector also faces many challenges in its economic activities. Regulation, restructuring, privatisation, and increasingly complex administrative processes are just some of the challenges that authorities must overcome in increasingly shorter timeframes.
Our approach
Our experts are long-standing partners of the public sector. We understand the specific challenges affecting water, wastewater, and solid waste management and have built our reputation through many years of experience and extensive expertise in the public sector. Our lawyers also work with our tax consultancy and audit specialists, pooling competencies and offering you, the client, the best possible solutions
Our services
In the field of water, wastewater, and solid waste management law, we offer the following advisory services:
Organisational consultation
- Advice on returning companies to public ownership or requests for tenders
- Comparison of alternative forms of organisation
- Transfer of personnel, provision of goods/services
- Establishment and merger of special-purpose vehicles
- Sewage sludge disposal
Advice on concession contracts
- Support for the preparations and advice on the process of granting licences in the water and wastewater sectors
- Concession fees, subsequent expenses, final settlement
Water antitrust proceedings
- Monitoring of water antitrust proceedings
Labour law (specialised industry expertise)
- Employment contracts for managers involved in water, wastewater, and solid waste management
- Advising on collective bargaining agreements
- Pension schemes
In-house design and procurement law (specialised industry expertise)
- Advice on designing in-house solutions not subject to public procurement law relating to returning companies to public ownership or reorganisation projects as well as in connection with joint projects under public law and mergers
- Review of decisions of the public awarding authority and the applicable procurement rules
Fees and charges / public pricing legislation
- Legal advice on the calculation of fees and charges in accordance with the municipal tax law requirements, the performance determination right in accordance with § 315 of the German Civil Code, and the public price law
- Advice on fee structures, development, and examination of price escalation clauses
Contract formulation and negotiation
- Formulation of sales and acquisition contracts as well as supply/disposal; management, concession, and similar contracts; as well as negotiations up to the point of contract signing
Contacts
