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 plants and the obligations of plant operators. Furthermore, the AwSV regulates the recognition of expert organisations and the certification of specialised companies. In principle, the AwSV is aimed in particular at companies that operate facilities for handling substances hazardous to water, such as facilities for storing, treating or filling substances hazardous to water. However, the AwSV does not only affect companies, but also private individuals, e.g. operators of a heating oil consumption system. In addition, the professional planning of a facility in accordance with AwSV is an essential basis for the subsequent legally compliant operation.
Our recognised experts for facilities for handling substances hazardous to water are available to answer any questions you may have on the implementation of the AwSV.
List of certified specialised companies to be made public by the recognised expert organisation (BfU Dr. Poppe AG) pursuant to § 61 para. 3 AwSV.
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.
To register the inspection of your heating oil storage system in accordance with AwSV, you can use our online registration form or call us free of charge on 0800 / 9699600.
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:
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!
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:
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.
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.
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.
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.
After the discontinuation of the extinguishing water retention line, which used to be decisive in most cases in many federal states and which reflected the state of the art, a legally compliant assessment of a possible requirement to retain extinguishing water contaminated in the event of fire is a demanding task.
The experts according to § 53 AwSV of BfU Dr. Poppe AG will be pleased to prepare concepts for you for the calculation of a fire water retention taking into account the current legal situation.
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:
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.
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.
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.
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.
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:
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.
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.