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Installations for handling substances hazardous to water; notification of construction and significant changes

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  • Brief description

    The district administrative authority must be notified of the construction or significant modification, the taking of measures that lead to a change in the hazard level and the change of operator of installations for handling substances hazardous to water that require testing.

  • Description

    Installations for handling substances hazardous to water are subject to special legal regulations. The purpose of these regulations and their enforcement is to protect groundwater and surface waters (lakes, streams, rivers) from contamination by substances hazardous to water. Legal regulations can be found in federal law:

    • in Sections 62 and 63 of the Federal Water Act (WHG) and
    • the Ordinance on Installations for the Handling of Substances Hazardous to Water - Installations Ordinance (AwSV)

    These regulations specify requirements for the quality, operation, maintenance and decommissioning of facilities for handling substances hazardous to water.

    According to Section 62 (3) WHG, substances hazardous to water are solid, liquid and gaseous substances that are capable of causing permanent or significant adverse changes to water quality.

    This includes in particular

    • Acids, alkalis, poisons,
    • liquid and water-soluble hydrocarbons,
    • organic compounds containing halogen, nitrogen and sulphur,
    • Mineral oils and mineral oil products,
    • Slurry, liquid manure, silage leachate and comparable substances produced in agriculture (e.g. solid manure, silage, biomass from basic agricultural production).

    Installations for handling substances hazardous to water are

    • independent and stationary or permanently used units in which substances hazardous to water are stored, filled, transhipped, manufactured, treated or used in the commercial sector or in public facilities, and
    • Pipeline systems that do not exceed the area of the factory premises, are accessories of a system for handling substances hazardous to water or connect systems that are closely related in terms of space and operation (§ 62 Para. 1 Sentence 2 WHG).

    Units are deemed to be stationary or in stationary use if they are operated at one location for a specific operational purpose for longer than six months; installations may consist of several parts.

    Examples of installations include heating oil consumer plants, filling stations, oil refineries, delivery zones at haulage companies, biogas plants, biomass storage facilities and slurry tanks.

    The district administrative authority must be notified of the construction or significant modification of systems for handling substances hazardous to water that require inspection (e.g. heating oil consumer systems from hazard level B - i.e. from a storage tank volume of more than 1,000 l or biogas systems with exclusively agricultural fermentation substrates over 100 m³) (§ 40 Para. 1 AwSV).

    Installations subject to mandatory inspection must be inspected in accordance with the inspection dates and intervals specified in Annex 5 and 6 AwSV.

    Measures at a facility that lead to a change in the hazard level must also be reported to the district administrative authority. Measures that lead to a change in the hazard level could be, for example, more frequent filling or emptying of filling systems, as this increases the average daily throughput, the expansion of a storage facility with additional storage containers or the use of a water-polluting substance with a higher water hazard class.

    The notification must be submitted in writing to the responsible district administrative authority at least six weeks before the construction, significant modification or implementation of measures that lead to a change in the hazard level.

    In addition to the aforementioned cases, a change of operator must also be notified (Section 40 (4) AwSV).

    Slurry, liquid manure and silage seepage systems (JGS systems) are also subject to notification as defined above if they exceed the following system volumes:

    • Storage facilities for silage leachate - Over 25 m³
    • Storage facilities for solid manure or silage - Over 1000 m³
    • Other JGS systems - Over 500 m³

    The following are exempt from the obligation to notify

    • Installations for the storage, filling or handling of substances hazardous to water for which a suitability assessment pursuant to Section 63 (1) WHG is requested
    • other installations that are subject to an approval procedure under other legislation, provided that compliance with the requirements of the AwSV is also ensured in this procedure
    • the substantial modification of another aforementioned installation requiring approval
    • the mere operation of (existing) systems

    Further information and advice on reporting and the necessary documents can be obtained from the "competent authorities for water management" at the district administration office or the district-free city (see link to district administration authorities under "Responsible for you").

    Special information for - District of Bad Tölz Wolfratshausen

    Please note and use the documents listed under "Forms":

    • Code of practice for the storage and filling of substances hazardous to water.
    • List of expert organizations according to the Ordinance on Installations Handling Substances Hazardous to Water.
    • List of approved specialist companies in accordance with the Ordinance on Installations for Handling Substances Hazardous to Water.
    • Notification of change of operator of facilities for handling substances hazardous to water in Bavaria.
    • Notification for facilities handling liquid manure, slurry and silage seepage in Bavaria.
    • Notification for installations handling substances hazardous to water in Bavaria.
    • Advertisement for a heating oil storage facility in Bavaria - Explanation.
    • Advertisement for a heating oil storage facility in Bavaria.
    • Notification for installations handling substances hazardous to water in Bavaria - Explanation.

  • Forms

    Special information for - District of Bad Tölz Wolfratshausen

  • Legal basis

  • Further links


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