Determination of suitability under water law

Course description

According to Section 63 (1) WHG, facilities for the storage, filling and transfer of substances hazardous to water (LAU facilities) may only be constructed, operated and significantly modified if their suitability has been determined by the competent authority. The determination of suitability must therefore be issued prior to the construction, significant modification or commissioning of the facility.

Section 63 (2) WHG and Section 41 of the Ordinance on Installations Handling Substances Hazardous to Water (AwSV) regulate which installations do not require a suitability assessment. Among other things, this applies to

• Heating oil consumer plants
• Installations for the storage, filling or handling of hazard level A
• Installations with substances generally hazardous to water that are not subject to mandatory testing
• Installations with a volume of up to 1 m³ that are double-walled or have a retention volume that can retain the entire volume of water-polluting substances present in the installation
• Installations for the storage and filling of liquid manure, slurry, silage

A waiver of suitability determination can be applied for if proof of usability, such as proof of suitability under building regulations, CE markings or, in the case of containers and packaging, approvals under dangerous goods legislation are available for all parts of a system, including its technical protective measures. In addition, an expert opinion from an expert appointed in accordance with Section 52 (1) No. 1 AwSV must confirm that the system as a whole fulfils the water protection requirements.

Prerequisites

the certificate of suitability may only be issued if at least the requirements of Sections 17 to 24 (General requirements) and Sections 25 to 38 (Special requirements) of the Ordinance on Installations for the Handling of Substances Hazardous to Water (AwSV) are met or an equivalent level of safety is demonstrated.

Required documents

• Letter of application
• Expert opinion from a recognised expert (in accordance with Section 52 AwSV) confirming that the installation as a whole meets the water protection requirements
• Designation of the facility, location, operating person/organisation
• System delimitation (§ 14 AwSV) with information on the volume of water-polluting substances in the system, the water hazard class of the substance and the hazard level of the system
• Description of the system (depending on the type of system, information on above-ground/underground installation; retention facility, design of filling station, safety equipment, drainage, design of pipework)
• Safety data sheets for substances hazardous to water with details of the water hazard class
• Proof of usability of the components
• Plans required to assess the system - for example: site plans at a scale of 1:15,000 and 1:500, installation plan, construction drawings, pipework plan, flow diagrams, drainage plan

Legal basis

§ Section 63 of the Federal Water Act (WHG)Sections 41 - 42 of the Ordinance on Installations for Handling Substances Hazardous to Water (AwSV)