Christoph Franken

Christoph Franken

Klaus Reibenspiess

Klaus Reibenspiess

Ordinance on Installations for Handling Substances Hazardous to Water (AwSV)

The Ordinance on Installations for Handling Substances Hazardous to Water (AwSV) created a uniform federal ordinance on installations for handling substances hazardous to water, which is based on the contents of the Federal Water Act (WHG). The AwSV was published on 18.04.2017 and came into force on 01.08.2017, whereby the previous state-law ordinances on installations for handling substances hazardous to water (VAwS) have since ceased to apply. With the introduction of the AwSV, the requirements from the state-specific ordinances were partly concretised, but also supplemented in terms of content, e.g. by regulating requirements for installations in the agricultural sector.

In addition to the regulated classification of substances and mixtures into the various water hazard classes (WGK), the AwSV also includes the technical requirements for systems and the obligations of system operators. The AwSV also regulates the recognition of expert organizations and the certification of specialist companies. In principle, the AwSV is aimed particularly at companies that operate systems for handling water-polluting substances, such as systems for storing, treating or filling water-polluting substances. However, the AwSV not only affects companies, but also private individuals, e.g. operators of a heating oil consumption system. In addition, the professional planning of a system in accordance with the AwSV represents an essential basis for subsequent legally compliant operation. Our recognized experts for systems dealing with water-polluting substances are available to answer any questions you may have regarding the implementation of the AwSV requirements and will be happy to support you at any time.

List of certified specialist companies according to § 61 para. 3 AwSV

Download list of awsv certified specialist companies

Private customers

ince 1 August 2017, operators of heating oil consumer installations have had to comply with the requirements of the Ordinance on Installations for Handling Substances Hazardous to Water (AwSV) and are explicitly obliged to ensure that the installation is in a technically perfect condition. A central aspect is the retention of the heating oil in the event of leakage, so that in such a case there must be sufficient protection against groundwater contamination. Heating oil consumer installations with a nominal volume of ≥ 1,000 L must be notified to the competent lower water authority in accordance with § 40 AwSV. According to § 45 AwSV, heating oil consumer installations are subject to the so-called specialist company obligation, which means that any safety-relevant changes (e.g. conversions) to the installations may only be carried out by certified specialist companies according to WHG.

Another essential point is the inspection of heating oil consumer installations by experts according to § 53 AwSV. Depending on the location of the system (inside or outside water protection areas), different deadlines apply for the inspections. In any case, heating oil consumer installations must be inspected before they are put into operation. Above-ground heating oil consumer installations are also subject to periodic inspections (every 5 years, for installations with a hazard level C (inside) or B (outside water protection areas).

The experts according to § 53 AwSV of BfU Dr. Poppe AG will be happy to carry out the corresponding system inspections at your premises.

Furthermore, in certain cases, inspection requirements apply to the operation of geothermal probe systems (geothermal energy). You can find more information on this topic at the following link: Inspections of geothermal systems in accordance with Section 35 AwSV

Registration for the inspection of your heating oil storage system according to AwSV

Online-registration

Industrial customers

The expert organisation in accordance with § 52 AwSV of the BfU Dr. Poppe AG offers comprehensive services for industrial customers with regard to the operation of facilities for handling substances hazardous to water:

• Basic advice on general questions about the AwSV
• Conducting expert inspections in accordance with Section 46 of the German Ordinance on Facilities Handling Substances Hazardous to Water (AwSV)
• Inspections of geothermal plants in accordance with § 35 AwSV
• Support/preparation of documents for notifications in accordance with § 40 AwSV
• Support/preparation of applications for suitability determinations pursuant to § 63 WHG
• Preparation of expert opinions/technical statements according to § 42 AwSV
• Creation of concepts for extinguishing water retention
• Support in the legally compliant planning of AwSV facilities
• Support with regard to construction supervision of AwSV facilities
• Support in communication with authorities
• Supervision of specialised companies
• Support in plant documentation in accordance with § 43 AwSV
• Support for the compilation of an AwSV facility register

Basic advice on general questions about the AwSV

The AwSV as the central regulation for facilities for handling substances hazardous to water confronts facility operators with a multitude of requirements and questions that must be solved and implemented in daily facility operation.

This begins with the formal requirements for AwSV facilities and leads to the technical requirements, which are often associated with room for interpretation. Interactions with other areas of law (e.g. building law, fire protection, immission control law) also play an important role here. A first important step is often the delimitation of installations according to § 14 AwSV.

The experts according to § 53 AwSV of BfU Dr. Poppe AG support with their expertise in any questions regarding the implementation of the individual requirements of the AwSV. Please do not hesitate to contact us!

Conducting expert inspections in accordance with Section 46 of the German Ordinance on Facilities Handling Substances Hazardous to Water (AwSV)

Facilities handling substances hazardous to water must be inspected by experts in accordance with Section 53 of the AwSV within the timeframes specified in Annex 5 or Annex 6, as stipulated in Section 46 of the AwSV. This includes inspections prior to commissioning, as well as inspections following significant modifications, recurring inspections at predetermined intervals, and inspections following decommissioning.

Our experts in accordance with Section 53 of the AwSV will gladly conduct the required expert inspections of your facilities!

Inspections of geothermal plants in accordance with § 35 AwSV

With the help of a heat pump, geothermal systems can utilize the thermal energy stored in the ground, air, and water for heating purposes. For this, a probe system filled with a heat transfer fluid is inserted into the ground via a deep borehole. The heat transfer fluid absorbs the heat stored in the ground and transfers it via a heat pump, making it usable. Since heat transfer fluids are generally hazardous to water, such systems in commercial settings are subject to the requirements of the German Ordinance on Facilities Handling Substances Hazardous to Water (AwSV). According to Section 35 of the AwSV, the heat transfer circuits of geothermal probes and collectors may only be constructed with a single wall underground if...

1. They consist of a factory-welded probe base and endless probe tubes, 2. They are secured by automatic monitoring and safety devices so that in the event of a leak in the heat transfer circuit, the circulation pump is immediately switched off and an alarm is triggered, and

3. Only the following substances or mixtures may be used as heat transfer media:

a. substances that are not hazardous to water or

b. mixtures of water hazard class 1, whose main components are ethylene or propylene glycol.

In addition to obtaining a water permit in accordance with Section 8 of the German Water Resources Act (WHG), geothermal probes and collectors, as underground installations, must be inspected by an expert in accordance with Section 46 of the German Ordinance on Facilities Handling Substances Hazardous to Water (AwSV) before commissioning, and periodically (every 5 or 2.5 years, depending on whether they are located within or outside water protection areas), after significant modifications, and after decommissioning. Besides commercial installations, private installations may also be subject to mandatory expert inspections, depending on the supplementary provisions of the water permits. Our experts will gladly conduct the required expert inspections of your installations in accordance with Section 53 of the AwSV!

Notification of installations for handling substances hazardous to water in accordance with § 40 AwSV

If you want to build or substantially change a facility that is subject to inspection pursuant to § 46 i.V.m. Annexes 5 and 6 AwSV, you must notify the competent (lower) water authority in writing at least six weeks in advance.

The notification must contain the following information on:

• the operator
• the location and boundaries of the installation
• the substances hazardous to water that will be used in the installation
• certificates of usability issued by building authorities
• technical and organisational measures relevant to the safety of the installation

In addition, it is often useful to provide a detailed description of the installation and, in particular, to assess the implementation of the requirements for the retention of substances hazardous to water leaking in the event of a leak (§ 18 AwSV) as well as the requirements for the retention of extinguishing water contaminated in the event of a fire (§ 20 AwSV).

The experts according to § 35 AwSV of BfU Dr. Poppe AG will be pleased to support you in compiling or preparing the documents for a notification according to § 40 AwSV.

Suitability determination according to § 63 WHG

Pursuant to Section 63 of the Federal Water Act (WHG) in conjunction with Section 42 of the Ordinance on Installations for the Handling of Substances Hazardous to Water (AwSV), a suitability assessment is required if you operate installations with a hazard level B or higher pursuant to Section 39 AwSV in which substances hazardous to water are stored, filled or handled (LAU installations). The purpose of the suitability determination is to have the water-legislative suitability of the facility as a whole and of the individual parts of the facility determined by the authorities and to operate the facility so safely that possible water pollution is not a concern. It is important to note that the concrete requirements for the design of a suitability determination may vary depending on the federal state. Close coordination with the competent authority is generally recommended in these cases.

The experts according to § 35 AwSV of BfU Dr. Poppe AG will be pleased to support you in the preparation/compilation of the documents for a suitability determination according to § 63 WHG.

Preparation of expert reports / expert opinions pursuant to § 42 AwSV

Within the scope of the application for a suitability determination pursuant to Article 63 WHG, an expert pursuant to Article 53 AwSV must assess in a second step by means of an expert opinion/technical statement whether the design of the respective facility for handling substances hazardous to water as presented by means of the application for a suitability determination fulfils the requirements under water law pursuant to WHG, AwSV and subordinate legislation (e.g. Technical Rules for Substances Hazardous to Water (TRwS)).

An expert opinion is also required if the operator of the facility waives the requirement for a suitability determination pursuant to Article 41(2). In this case, the expert must assess and confirm that the respective installation meets the requirements of water legislation as a whole.

The experts according to § 53 AwSV of BfU Dr. Poppe AG will be pleased to support you in the preparation of expert reports/technical opinions according to § 42 AwSV.

Creation of concepts for extinguishing water retention

According to § 20 AwSV, facilities must be planned, constructed and operated in such a way that substances hazardous to water, extinguishing, sprinkling and cooling water as well as the resulting combustion products with properties hazardous to water are retained in accordance with the generally recognised rules of technology.

Section 20 AwSV stipulates the need to retain extinguishing water as a legal basis, but without formulating specific requirements. In the absence of generally recognized technical rules for retaining extinguishing water, the LöRüRL was nevertheless used to determine the need for retaining extinguishing water based on its assessment principles. As of January 1, 2020, the LöRüRL was repealed by the German Institute for Structural Engineering (DIBt).

The reason for this was that it no longer corresponded to the current state of the art and therefore could no longer be viewed as a generally accepted rule of technology. As a result, the LöRüRL is no longer applied uniformly in all federal states. While some rely on their state-specific extinguishing water retention guidelines, other federal states have decided against applying them. The planned amendment to the AwSV is intended to create generally applicable, concrete regulations for the retention of extinguishing water in order to close the existing regulatory gap. The associated 1st Amendment Ordinance to the AwSV was originally scheduled to come into force in autumn 2021. The legislature has not yet implemented its proposed change.

Support for legally compliant planning

The legally compliant planning of facilities for handling substances hazardous to water includes compliance with the legal regulations and requirements in order to prevent water pollution caused by the handling of substances hazardous to water. Here are some important steps and aspects to be considered in legally compliant planning:

• Site and plant selection
• Determining the classification of the facility according to § 39 AwSV
• Technical measures (e.g. according to § 18 AwSV)
• Plant documentation according to § 43 AwSV
• Compliance with reporting/notification obligations

In many cases, it is advisable to have the plans evaluated by an expert in accordance with § 53 AwSV in order to communicate and coordinate the plant planning with the competent authorities.

The experts according to § 53 AwSV of BfU Dr. Poppe AG will be pleased to support you in the legally compliant planning of AwSV plants.

Construction supervision

Facilities for handling substances hazardous to water must be planned and constructed professionally in accordance with the AwSV. It is advisable to have a competent person accompany the facility during the construction phase. The competent person monitors the construction or modification of the facility and ensures that the requirements of the AwSV are met in order to avoid water pollution. The aim of construction supervision is to ensure that the facility is constructed or modified properly and in compliance with environmental protection regulations. This ensures that potential risks to water bodies from the handling of substances hazardous to water are minimised.

The experts according to § 53 AwSV of BfU Dr. Poppe AG are happy to support you in the supervision of the construction of AwSV facilities.

Communication with authorities

In the context of the construction, substantial modification and operation of facilities for handling substances hazardous to water, close cooperation and coordination with the responsible water authorities is often expedient. Through targeted communication, a plant operator can avoid unpleasant problems (e.g. time delays or even complete changes with regard to possibly already advanced plant planning).

The experts according to § 53 AwSV of BfU Dr. Poppe AG will be happy to support you in communicating with the authorities on questions of plant construction, modification or operation.

Supervision of specialised companies

Pursuant to Section 62 (1) AwSV, establishments that carry out the activities specified in Section 45 (1) AwSV on the installations and parts of installations specified therein must be certified as a specialised firm by an expert organisation or a quality and monitoring association. Certification may be limited to certain activities. It shall be limited to a period of two years.

As a recognised expert organisation according to AwSV, BfU Dr. Poppe AG offers specialist companies our support in obtaining or maintaining specialist company status according to § 62 AwSV.

This includes, among other things, the implementation of training (WHG basic course) and advanced training for specialised companies. Depending on requirements, the necessary training for the WHG basic course is also carried out in-house or corresponding monitoring activities are completed.

Support in plant documentation in accordance with § 43 AwSV

With the introduction of the AwSV in 2017, operators of installations for handling substances hazardous to water were obliged to keep installation documentation for each installation. Pursuant to § 43 AwSV, the plant documentation must include the following contents:

• Information on the structure and delimitation of the installation,
• information on the substances used,
• information on the design and materials of the individual plant components,
• information on safety equipment and protective measures,
• information on the retention of extinguishing water,
• information on the stability of the installation.

In addition, mandatory documents such as the operating instructions pursuant to § 44 can be a useful part of the installation document.

The experts according to § 53 AwSV of BfU Dr. Poppe AG will be pleased to support you in the preparation/compilation of an installation documentation according to § 43 AwSV.

Support for the compilation of an AwSV facility register

Operators of facilities for handling substances hazardous to water are often faced with the problem of a lack of an overview of all facilities for handling substances hazardous to water operated at the respective plant when compiling a facility documentation pursuant to § 43 AwSV. Especially in cases where a large number of such facilities are operated at the site, it is advisable to create a good overview of all facilities. An AwSV facility register is useful here, which gives the facility operator an overview of all important parameters of the AwSV facilities and can serve as an overview for the individual facility documentation.

The experts according to § 53 AwSV of BfU Dr. Poppe AG will be happy to support you in identifying and recording all AwSV facilities operated at your sites and in creating a facility-specific AwSV register.