Ordinance on systems for handling water-polluting substances
| Basic data | |
|---|---|
| Title: | Ordinance on systems for handling water-polluting substances |
| Abbreviation: | AwSV |
| Type: | Federal Ordinance |
| Scope: | Federal Republic of Germany |
| Issued on the basis of: | Section 62 (4) WHG |
| Legal matter: | Environmental law |
| References : | 753-13-6 |
| Original version from: | March 31, 2010 ( BGBl. I p. 377 ) |
| Entry into force on: | March 31, 2010 |
| Last revision from: | April 18, 2017 ( Federal Law Gazette I p. 905 ) |
| Entry into force of the new version on: |
predominantly August 1, 2017 |
| Last change by: |
Art. 256 VO of June 19, 2020 ( Federal Law Gazette I p. 1328, 1358 ) |
| Effective date of the last change: |
June 27, 2020 (Art. 361 of June 19, 2020) |
| Weblink: | Text of the regulation |
| Please note the note on the applicable legal version. | |
The Ordinance on Systems for Handling Substances Hazardous to Water (AwSV) is a statutory ordinance of the German Federal Government to protect waters from substances hazardous to water released from fixed systems . It thus serves to implement the Water Framework Directive ( WFD ) and the Nitrate Directive of the European Union . To this end, it regulates the classification of substances and their mixtures according to their hazard to waters, technical and organizational requirements for systems for handling such substances and requirements for the experts, specialist inspectors and specialist companies to be employed.
development
Originally, federal laws on water law, above all the Water Management Act (WHG) and ordinances issued on this basis, formed the framework that the federal states could fill in with their provisions. As a result, the states had passed their own laws and ordinances. As a result of the federal reform, the federal government has been finalizing water law since 2006. Except in the case of substance or plant-related regulations, the states may deviate from the federal regulations ( Art. 72 (3 ) GG ).
Until the higher-ranking federal ordinance came into force, the federal states had their own regulations that were similar to those of the AwSV and have now been superseded by them. Such is the Lower Saxony ordinance on systems for handling water-polluting substances and on specialist companies (VAwS) from 1985, which was fundamentally changed in 1997. The responsibility of the administrative authorities is still organized according to state law. Traditionally, the water management offices or municipal authorities (districts and cities) are responsible for enforcement.
After a lengthy coordination process, the Federal Council approved the current ordinance on systems for handling water-polluting substances on March 31, 2017 . It came into force on August 1, 2017; the regulations for the recognition of quality and monitoring associations and for specialist examiners for the certification and monitoring of specialist companies ( §§ 57 to 60 AwSV) have been in effect since April 22, 2017. They also introduced the official abridged version of the AwSV and lifted the very concise regulation with the same title from March 31, 2010, which was widely referred to with the unofficial abbreviations WasgefStAnlV or WassGefAnlV .
scope of application
The AwSV only applies to systems that are stationary (operated). So not for motor vehicles, but for systems for refueling them with water-polluting solid, liquid or gaseous substances or mixtures thereof.
Are exempt from their regulations
- underground systems for the containerless storage of something other than water and
- Above-ground systems outside of protected or flood areas with a volume of less than 0.22 m³ of liquid or a mass of less than 200 kg of gas or solid matter as well
- the handling of a constantly insignificant amount of substances hazardous to water in plants in which this is not the main purpose, and
- the handling of substances, the assessment of which was published in the Federal Gazette as not hazardous to water .
The technical and organizational requirements specified in it for liquid manure, slurry and seepage systems ( JGS systems ) apply only to a limited extent .
content
Classification of substances and mixtures - water hazard class
Substances and mixtures are divided into water hazard classes (WGK) in accordance with Section 3 :
| WGK 1 | Slightly hazardous to water |
| WGK 2 | Clearly hazardous to water |
| WGK 3 | Very hazardous to water |
In addition, the ordinance names substances and mixtures that are classified as generally hazardous to water . These are mainly liquids of agricultural origin (e.g. fertilizers , liquid manure, fermentation substrates), certain floating liquid substances and solid mixtures.
Only substances and mixtures that can be used as food or feed are listed as non-hazardous to water , with the exception of silage and silage . The Federal Environment Agency publishes certain substances that have already been classified as such.
Other substances and mixtures must be classified by the operator himself. The detailed procedure is described in Appendix 1 of the ordinance.
Requirements for systems (Chapter 3, §§ 13 to 51)
The ordinance places general requirements on the retention of substances hazardous to water, the drainage and the retention of extinguishing water .
Plants are divided into hazard levels depending on the mass or volume of the substance and the water hazard class:
| Determination of the hazard level | Water hazard class | ||
|---|---|---|---|
| Volume in m³ or mass in t | 1 | 2 | 3 |
| <0.22 m³ or 0.2 t | Level a | Level a | Level a |
| > 0.22 m³ or 0.2 t ≤ 1 | Level a | Level a | Level B. |
| > 1 ≤ 10 | Level a | Level B. | Level C |
| > 10 ≤ 100 | Level a | Level C | Level D |
| > 100 ≤ 1000 | Level B. | Level D | Level D |
| > 1000 | Level C | Level D | Level D |
Depending on the hazard levels and whether it is inside or outside a water protection area or floodplain , additional requirements are placed on the systems, including:
- Plant documentation
- Obligation to notify the competent authority
- Creation of operating instructions or a leaflet
- Specialist company obligation
- Monitoring and inspection obligations
There are special regulations for example for
- Pipelines
- Systems for handling solid substances hazardous to water (e.g. road salt )
- Systems for loading and unloading ships
- Barrel and container storage
- Heating oil consumer systems
- Solar collectors
- Refrigeration systems
Specialist companies, specialist auditors and experts
According to the regulation, certain systems may only be built, cleaned, repaired and shut down by specialist companies .
Specialist examiners are responsible for the certification and monitoring of these specialist companies. Specialist examiners are appointed by quality and monitoring associations, which must be recognized by the competent authority.
Experts are responsible for determining the suitability and testing of certain systems . They are appointed by expert organizations, which must also be recognized by the competent authority. The expert organizations can apply for the certification and monitoring of specialist companies.
See also
Web links
- Current ordinance on systems for handling substances hazardous to water (AwSV)
- Ordinance on systems for handling water-polluting substances valid until July 2017
Individual evidence
- ↑ Ordinance on plants for handling substances hazardous to water and on specialist companies (Plant Ordinance - VAwS) of December 17, 1997, § 19
- ↑ Confederation regulates the handling of fertilizers and substances hazardous to water. Press release No. 111/17. Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety , March 31, 2017, accessed on April 3, 2017 .
- ↑ § 73 AwSV
- ↑ § 1 AwSV
- ↑ Section 13 (3) AwSV, requirements in Appendix 7 to the AwSV. Definition of the JGS system in Section 2 (13) AwSV
