Water protection area
Water protection areas ( WSG ) are areas in which special requirements and prohibitions apply to protect bodies of water ( groundwater , surface waters, coastal waters ) from harmful influences. In water protection areas, fixed bans and restrictions apply in order to protect the water from contamination.
Water protection areas are to be distinguished from nature protection areas and the other protected areas according to the Federal Nature Conservation Act . Areas can be water and nature reserves at the same time. For example, part of the Eldena nature reserve falls into protection zone III of the Groß Schönwalde drinking water protection area .
Legal basis (Germany)
The determination or designation and the special requirements in water protection areas are regulated in Chapter 3 Special Water Management Regulations , Section 1 Public Water Supply, Water Protection Areas, Medicinal Spring Protection of the Water Management Act (WHG). The regulations pertaining to water protection areas can be found in paragraphs Determination of water protection areas and Special requirements in water protection areas . The establishment of protected areas is carried out by ordinance of the responsible state government. The state governments can transfer this authorization to other state authorities by ordinance ( (1) WHG), e.g. B. on the lower water authorities, which are located in the districts.
In the GDR, water protection areas were established on the basis of Section 29 of the GDR Water Act of July 2, 1982 in conjunction with the Third Implementation Ordinance of July 2, 1982. The drinking water protection areas established under GDR law, like all water protection areas established before March 1, 2010, are defined water protection areas in accordance with (1) WHG as defined in Section 51 (1) WHG.
Establishment of water protection areas
Water protection areas can be established if it is necessary for the general public to protect bodies of water in the interest of the current or future public water supply from adverse effects, to enrich the groundwater or the harmful runoff of rainwater as well as the washing away and entry of soil components, fertilizers or To prevent plant treatment products in water. The beneficiary - e.g. B. the provider of the water supply - to be indicated ( Abs. 1 WHG).
Water protection areas are mainly established to secure the public water supply. With public water supply serving the public water supply is referred to, which is an object of state interest (para. 1 WHG).
The groundwater resources must be in need of protection, worthy of protection and capable of being protected. A need for protection exists if it is likely that the suitability of the groundwater resource will be impaired in its suitability as drinking water without protection requirements. This is especially true when the groundwater is located near densely populated areas, industry, mining, transport facilities or areas with agricultural use. The occurrence is worthy of protection if the groundwater is suitable for drinking (impeccable quality), the groundwater supply is sufficient and the drinking water is largely treated naturally. The protectability describes the long-term guarantee of the protection worthiness through the established prohibitions, but without disproportionate restrictions on the rights of third parties. It is therefore necessary to weigh up whether the possible protective provisions are suitable for achieving the protection goal or whether the protection goal can also be ensured in other ways with reasonable effort.
Various water protection zones can be set for protection. Drinking water protection areas should be subdivided into zones with different protection provisions in accordance with the generally recognized rules of technology ( technical rules (protection areas for groundwater), worksheets W 101 and W 102 (protection areas for dams) developed by the DVGW together with the LAWA .(2) WHG). The generally recognized rules of technology are essentially the
According toWHG, special requirements can be set in water protection areas if the protection purpose requires this. The statutory ordinances therefore contain individual stipulations for the respective protected area. Usual stipulations are:
Water protection zone I - catchment area
Protection zone I protects the actual catchment system (well) in the vicinity and usually has a radius of at least 10 m, and under certain conditions also of at least 20 m. In the case of dams, protection zone 1 should include the reservoir, the pre-dams, the bank areas and the crown of the barrier structure. Any other use and entry for unauthorized persons is prohibited.
Water protection zone II - narrower protected area
From the edge of the narrower protection zone, the flow time to the wells should be at least 50 days in order to protect drinking water from bacterial contamination. If the subsurface conditions are very favorable (e.g. confined water table), the boundary should be at least 100 meters away from the water intake. In the case of dams, protection zone 2 usually contains the above-ground tributaries, their sources and the surrounding area (often 100 m wide).
It is forbidden to breach the top layer, which is why usage restrictions apply to:
- Land use with violation of the upper soil layers
- Agriculture, especially with regard to fertilization
- Road construction
- Handling of substances hazardous to water
Water protection zone III - another protected area
It covers the entire catchment area of the protected water intake . Bans or restrictions on use apply here, such as:
- Deposit of rubble, waste materials, substances hazardous to water
- Use of liquid manure , sewage sludge , pesticides and pesticides,
- Factory farming , sewage treatment plants , sand and gravel pits
- Handling of substances hazardous to water
A further subdivision of protection zones II and III for dams and protection zone III for groundwater wells into zones A and B is possible.
Medicinal spring protection areas
In order to protect state-recognized medicinal springs, the state governments can establish medicinal spring protection areas by ordinance. The regulations specified for drinking water protection areas apply (WHG).
Existing uses within a water protection area are generally subject to grandfathering, but this does not exclude additional requirements and restrictions. This concerns z. B. the ban on the construction and expansion of roads and buildings in Zone II, which does not mean that existing roads and buildings in this zone have to be demolished. However, such existing uses can reduce the effectiveness of the water protection area. Therefore,(4) WHG provides for compensation in the event of a necessary unreasonable restriction of ownership. According to (5) WHG, compensation must be paid in the event of a restriction in agricultural or forestry use.
In almost all federal states, direct action can be taken against the ordinance by which a water protection area is established ( control of standards ). Otherwise must first one based on the ordinance administrative be awaited (such as a fine notice or of refusal of permission), then to the means for rescission or commitment action can be taken. In this context, the establishment of the water protection area can then also be checked incidentally.
Since competing legislation and provides third-party protection for the water protection areas through state law. The lack of third-party protection also means that a beneficiary of a water protection area (e.g. a water supply company) cannot take action against the issuing of exceptions to the rules and prohibitions applicable in the water protection area that are granted to a third party.WHG does not protect third parties, the establishment of an area as a water protection area cannot be enforced. Anything else would only apply if a federal state makes use of the power to deviate ( Paragraph 3, No. 5, Basic Law) of the
Traffic signs indicating a water protection area and serving water protection
Sign 2 69 "Prohibition for vehicles with cargo hazardous to water" of the German Road Traffic Regulations
The direction sign 3 54 “Water protection area” of the Road Traffic Regulations (StVO) of the Federal Republic of Germany is to be placed at the borders of the catchment areas of drinking water and mineral springs on roads on which vehicles with loads hazardous to water frequently drive. As a rule, the length of the route that leads through the water protection area must be indicated on an additional sign ( Paragraph 4 StVO). The symbol is only to be arranged in consultation with the authority responsible for keeping the water clean. Consequently, despite the absence of the 354 sign, a water protection area (including drinking water protection area) or mineral spring protection area can be established.
The regulation sign 2 69 "Prohibition for vehicles with water-polluting cargo" states: "[if] he drives a vehicle, the road with more than 20 l water-polluting cargo is not allowed to use". "The sign is only to be arranged in consultation with the authority responsible for keeping the water clean." To affix and remove traffic signs in the form of sign 269, the road traffic authority requires the approval of the highest state authority or the body designated by it. In this context, reference is also made to the guidelines issued by the Federal Ministry of Transport and Digital Infrastructure in agreement with the highest state authorities for the arrangement of signs 2 61 prohibition of vehicles with dangerous goods requiring identification, which were published in the Verkehrsblatt .
Water-polluting charge under the provisions of the signs 269 and 354 and the management rules implementing it consists of substances or contains substances that correspond to the following definition: "Water-polluting substances are solid , liquid and gas -like materials, especially acids , bases , alkali metals , silicon alloys with about 30 percent silicon, organometallic compounds , halides , acid halides , metal carbonyls and pickling salts , mineral and tar oils and their products, liquid and water-soluble hydrocarbons , alcohols , aldehydes , ketones , esters , halogen -, nitrogen - and sulfur- containing organic compounds , Poisons that are capable of permanently detrimentally changing the physical , chemical or biological properties of the water . "
Guidelines for road construction in water protection areas
In the Federal Republic of Germany , the guidelines for structural engineering measures on roads in water protection areas , edition 2016 (RiStWag 2016) are to be applied when building, renovating and expanding roads in water protection areas .
- Ludwig Flöttmann: Guidelines for mineral spring protection areas . Verlag-Gütersloh 1966 (published on behalf of the regional working group on water).
- DVGW e. V. (Hrsg.): Technical rule worksheet W 101, guidelines for drinking water protection areas; Part 1: Protected areas for groundwater . Wirtschafts- und Verlagsgesellschaft Gas und Wasser mbH, 2006, ISSN 0176-3504 .
- DVGW e. V. (Hrsg.): Technical rule worksheet W 102, guidelines for drinking water protection areas; Part II: Protected areas for reservoirs . Wirtschafts- und Verlagsgesellschaft Gas und Wasser mbH, 2002, ISSN 0176-3504 .
- The explained traffic sign catalog: Sign 269 No traffic with vehicles with cargo that is hazardous to water
- Water protection zones: who has to pay attention to what?
- Map portal environment MV. Representation of the water protection areas in Mecklenburg-Western Pomerania including zoning.
- Animation "Water needs protected areas" - offers for pupils and teachers from the Bavarian State Office for the Environment
- DVGW rules: Worksheet W 101 2006-06 Guidelines for drinking water protection areas; Part I: Protected areas for groundwater
- directional ( BGBl. I 2013, 411-424 ). Online in: www.gesetze-im-internet.de . Federal Republic of Germany , accessed and received on October 4, 2017.
- Numbers I to IV to sign 354 (Rn. 1 to 4) in connection with number I to sign 269 (Rn. 1) of the General Administrative Regulations for Road Traffic Regulations (VwV-StVO) (from January 26, 2001. In the version dated May 22, 2017 ( BAnz AT May 29, 2017 B8). Online in: www.verwaltungsordnung-im-internet.de . Federal Republic of Germany , accessed and received on October 4, 2017.) in connection with sign 354 in Regarding Directional signs ( Federal Law Gazette I 2013, 411–424 ) and Sign 269 in relating signs ( Federal Law Gazette I 2013, 394–410 ) (both online in: www. gesetze-im-internet.de . Federal Republic of Germany, accessed and received on October 4, 2017.).
- sign ( BGBl. I 2013, 394-410 ). Online in: www.gesetze-im-internet.de . Federal Republic of Germany , accessed and received on October 4, 2017.
- Numbers I to IV to sign 269 (Rn. 1 to 10) of the General Administrative Regulations for Road Traffic Regulations (VwV-StVO) (from January 26, 2001. In the version from May 22, 2017 ( BAnz AT May 29 2017 B8). Online in: www.verwaltungsrechte-im-internet.de . Federal Republic of Germany , accessed and received on October 4, 2017.) in connection with sign 269 in sign ( BGBl. I 2013, 394–410 ) (Online in: www.gesetze-im-internet.de . Federal Republic of Germany, accessed and received on October 4, 2017.).
- Number III 1a on Section 45 Paragraphs 1 to 1e; Marg. 4 of the general administrative regulation for road traffic regulations (VwV-StVO) . From January 26, 2001. In the version from May 22, 2017 ( BAnz AT May 29, 2017 B8). Online at: www.verwaltungsrechte-im-internet.de . Federal Republic of Germany , accessed and received on October 4, 2017.) in conjunction with Paragraph 1 Clause 2 No. 4 of the StVO (Online in: www.gesetze-im-internet.de . Federal Republic of Germany , accessed and received on 4 October 2017 . October 2017.).
- Number IV to sign 269 (Rn. 10) in connection with number II to sign 261 (Rn. 2) of the General Administrative Regulations for Road Traffic Regulations (VwV-StVO) (from January 26, 2001. As amended on May 22 2017 ( BAnz AT May 29, 2017 B8). Online in: www.verwaltungsrechte-im-internet.de . Federal Republic of Germany , accessed and received on October 4, 2017.) in connection with characters 269 and 261 in sign ( Federal Law Gazette I 2013, 394-410 ) (Online in: www.gesetze-im-internet.de . Federal Republic of Germany, accessed and received on October 4, 2017.).
- which substances may be classified as hazardous to water within the meaning of this administrative regulation can also be found in Regulation (EC) No. 1272/2008 of the European Parliament and of the Council of December 16, 2008 on the classification, labeling and packaging of Substances and mixtures, to amend and repeal Directives 67/548 / EEC and 1999/45 / EC and to amend Regulation (EC) No. 1907/2006 , the which can be found in: EUR-Lex , European Union , accessed and received on September 30, 2017. Substances or mixtures that meet the criteria for classification in Annex I Part 4 Section 4.1 of Regulation (EC) No. 1272/2008 are hazardous to the aquatic environment (as is the case with other hazard classes) Label elements in the form of a hazard warning , for substances and mixtures of certain categories of the hazard class additionally in the form of a GHS pictogram and a To use the signal word .
- Guidelines for structural engineering measures on roads in water protection areas - RiStWag (= FGSV . No. 514). Edition 2016. FGSV Verlag, Cologne, ISBN 978-3-86446-159-0 ( overview of contents , correction (as of January 27, 2017) , publisher's summary of contents ).
- General circular road construction No. 15/2016 of the Federal Ministry of Transport and Digital Infrastructure of July 19, 2016 (PDF file; 42 KiB).