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Politics & Administration

Substances hazardous to water

Substances hazardous to water are solid, liquid and gaseous substances that are likely to have a lasting detrimental effect on the physical, chemical or biological properties of water. The Federal Ministry for the Environment, Nature Conservation, Nuclear Safety and Consumer Protection, with the approval of the Federal Council, issues general administrative regulations in which substances hazardous to water are defined in more detail and classified according to their hazard potential for humans and the environment. Substances hazardous to water are divided into "not hazardous to water", water hazard class (WGK) WGK 1, WGK 2 and WGK 3.

Substances hazardous to water are stored in systems such as canisters or tanks. These systems must be designed and operated in such a way that substances hazardous to water cannot escape. They must be leak-proof, stable and sufficiently resistant to the expected mechanical, thermal and chemical influences.

  • Display obligation- General

    The construction, operation, modification and decommissioning of facilities for the storage, filling, production and treatment of substances hazardous to water must be reported.

    In order to protect the soil and thus the groundwater, but also surface waters from pollution by substances hazardous to water, there is the following ordinance on facilities for handling substances hazardous to water.

    These systems may only be installed by specialist companies.

    Further information can also be found in the following publications:

    Depending on the type of liquid to be stored (above ground, underground, storage quantity, storage location and others), the condition of these systems must be checked by an authorized expert before commissioning and then at regular intervals with regard to their operational safety by authorized experts (not by specialist companies!!). If defects are found, the operator of the system must have them rectified promptly.

    If systems for handling substances hazardous to water are set up and operated without being inspected or if the required safety devices are missing and an accident occurs, the necessary remedial measures will be very expensive. At the same time, there is a risk of criminal prosecution of the operator in accordance with Section 324 of the German Criminal Code. The construction, operation, modification and decommissioning of facilities for the storage, filling, production and treatment of substances hazardous to water must be reported.

    Please refer to the following section for information on the special notification obligations in the course of heating oil storage.

  • Fuel oil storage
  • News

    Heating oil storage facilities are inspected

    Operators in Velstove and Ehmen are now receiving mail from the city

    Operators of heating oil storage facilities with a capacity of more than 1,000 liters will also be contacted in 2023. The relevant citizens in the districts of Velstove, which is partly located in the drinking water protection area, and Ehmen will soon receive mail from the city of Wolfsburg. The lower water authority wants to inform them that these systems must be inspected by an expert.

    Heating oil tanks that were installed before December 17, 1997 were not subject to mandatory inspection when they were first commissioned. Since 1997, all above-ground and underground heating oil tank systems with a filling volume of more than 1,000 liters have been subject to mandatory inspection prior to commissioning. A court ruling stipulated that the inspection obligation also applies to existing systems and must be carried out at a later date, as old systems in particular can pose a risk to surface water and groundwater.

    The subsequent commissioning inspection involves an expert checking the current condition of the storage facilities. This identifies defects such as signs of wear or a lack of safety standards, so that risks to water bodies, groundwater and soil, as well as other environmental goods and assets, can be prevented.

    Significant changes to the system must also be reported to the authorities. A significant change is, for example, the replacement of the storage tank(s). If you have decommissioned your facility, the decommissioning certificate must be sent to the Lower Water Authority. "With this inspection, the city of Wolfsburg is fulfilling a legal obligation. At this point, I would ask those affected for their understanding and cooperation," explains City Councillor Andreas Bauer, Head of Citizen Services, Finance, Fire and Disaster Protection.

    Anyone who owns a heating oil storage facility with a capacity of more than 1000 liters and has not yet received a letter from the city should take action themselves. The notification of an existing heating oil storage facility, a significant change or the decommissioning certificate can be conveniently completed from home using the heating oil storage facility notification form in the online town hall on the page linked below and sent to the Lower Water Authority. Alternatively, you can still send it by post. The notification form can be downloaded from the online town hall and completed by hand.

  • Heating oil consumer systems are storage systems within the meaning of the Water Resources Act. These consist of one or more storage tanks including the pipelines and the collecting space/sump. The heating oil stored in them is a substance hazardous to water as it is capable of permanently and adversely changing the physical or biological properties of the water (legal basis: Section 62 of the Water Resources Act).

    The water protection requirements for heating oil tanks are

    • in the Water Resources Act (WHG)
    • and the Lower Saxony Water Act (NWG),
    • in the Ordinance on Installations for Handling Substances Hazardous to Water

    regulated.

    Heating oil storage tanks are made of steel and plastics (polyethylene (PE), polyamide (PA) or glass fiber reinforced plastics (GRP)). The tanks must be leak-proof, stable and sufficiently resistant to the expected mechanical, thermal and chemical influences.

    Damage can only be avoided if heating oil consumer systems are properly installed and operated. Defective system components and lack of maintenance are the most common causes of damage. If leaking heating oil contaminates the ground or a body of water, considerable clean-up costs can be incurred, for which the owner of the oil tank is primarily responsible (legal basis: Section 89 WHG).

    The Lower Water Authority of the City of Wolfsburg monitors whether the systems subject to inspection are inspected by an expert on time. We will be happy to provide you with information on system inspection issues.

  • Initial inspection of facilities for the storage of fuel oil (press release)

    As of June 2018, the Lower Water Authority of the City of Wolfsburg will request numerous operators of above-ground heating oil systems to have their heating oil tank inspected by an approved expert and, if necessary, to have any defects found remedied or the tank system retrofitted if this is required.

    This applies to above-ground heating oil tank systems with a filling volume of 1,000 liters to 10,000 liters that have never been inspected by an expert body or that were installed before December 17, 1997.

    Testing is carried out in accordance with the currently applicable legal standards. This may mean that old tanks have to be retrofitted. If the expert finds significant or dangerous defects in the tank system, the owner must rectify these and have the system inspected again.

    In Wolfsburg, there are currently around 4,200 heating oil tanks in operation. If these systems have defects, they can pose considerable risks to surface waters and groundwater.
    Heating oil is considered a substance hazardous to water and must be stored in a particularly safe manner. Anyone operating a heating oil tank is obliged to ensure that the heating oil tank system is installed and operated in accordance with regulations. In the interests of preventive water protection, heating oil tank systems must be monitored regularly. If leaking heating oil contaminates the soil or groundwater, the system operator will incur significant cleanup costs.

    Heating oil tanks installed before December 17, 1997, were not subject to mandatory inspection when they were first put into operation. This only applied to all underground tanks and storage tanks with a filling volume of more than 10,000 liters. Since 1997, the initial inspection requirement prior to commissioning has also applied to all aboveground heating oil tank systems with a filling volume of 1,000 liters to 10,000 liters. In Wolfsburg, a subsequent commissioning inspection of already existing systems has not yet been initiated. In a ruling by the Braunschweig Administrative Court, it was determined that the inspection requirement also applies to existing systems and must be made up for, as old systems in particular can pose a risk to bodies of water.

  • Duties of the operator

    The operator of a heating oil system is responsible for tank safety. According to the applicable legal regulations, the following obligations in particular must be observed.

    • Obligation to notify
    • Plant documentation/leaflet
    • In-house and external monitoring
    • Plant inspection by experts
    • Specialist company obligation
    • Filling of heating oil tanks
    • Notification of damage/measures in case of fuel oil leakage
    • Decommissioning of heating oil tanks
    • Obligation to retrofit
    • Plastic tanks for the storage of heating oil
    • Heating oil tanks in flooded areas

  • Duty of disclosure

    The Lower Water Authority of the City of Wolfsburg must be notified in writing at least six weeks in advance of the installation and significant modification of a heating oil consumer system that requires testing(legal basis: Section 40 AwSV). A corresponding online form for the notification is available here.

    All underground storage facilities and above-ground storage facilities with a storage volume of more than 1 m³ are subject to inspection. As there is no official preliminary inspection (suitability assessment), the operator - particularly in flood plains or protected areas - must carry out the planning and construction or have it carried out on their own responsibility(legal basis: Section 41 (1) No. 4 AwSV). The operator of a heating oil storage facility is also responsible for the operation and timely performance of inspections (legal basis:Section 46 AwSV).

    The operator must keep system documentation for the heating oil consumer system. It must contain information

    • the structure and delimitation of the system,
    • the design and materials of the individual system components,
    • safety equipment and protective measures and
    • the stability.

    In addition, letters to and from authorities, invoices for maintenance work carried out, test reports from experts and the like are also important.

    The system documentation must be handed over to the new operator in the event of a change of operator. Upon request, it must be submitted to the competent authority, the expert prior to inspections and the specialist company prior to activities requiring specialist operation(legal basis: Section 43 AwSV).

    In addition, the leaflet "Operating and behavioral regulations for the operation of heating oil consumer systems" must be displayed in a clearly visible place near the oil storage facility (legal basis:Section 44 (4) sentence 2 AwSV). The leaflet contains the essential data of the storage facility. It also contains instructions on what to do in the event of a hazard as well as emergency numbers and contact details for the responsible water authority of the city of Wolfsburg. If it is not already displayed, the expert will hand over this information sheet after his inspection.

  • In-house and external monitoring

    Neglected maintenance can lead to serious environmental damage and high remediation costs. The operator of a plant in which substances hazardous to water are handled must therefore regularly check the tightness of the plant and the functionality of the safety equipment as part of self-monitoring, i.e. so frequently that damage can be detected in good time and countermeasures can be taken. The inspection is primarily carried out in the form of a visual and functional check(legal basis: paragraph 46 AwSV).

    In this process, the tank and the pipelines are checked for leaks and the fill level and the consumption quantities are checked by visual inspection. In the case of double-walled tanks with a leak detector, it must be ensured that the leak detector is always in operation and that an alarm is also reliably noticed.

    In the case of a tank in the collection room, this must be checked regularly for leaks and leaks of heating oil (leakage). In the case of systems subject to mandatory testing, self-monitoring must be supplemented by external monitoring by an expert.

  • Plant inspection by experts

    Which systems must be inspected by an expert?

    Heating oil consumer installations with above-ground storage tanks of more than 1 m³ in total and all heating oil consumer installations with underground storage tanks are subject to inspection(legal basis: Section 46 in conjunction with Annexes 5 and 6 AwSV). The operator must commission a recognized expert to carry out these inspections.

    The inspection by experts ensures that systems remain permanently in a condition that excludes the contamination of water bodies. It is therefore an administrative offense to fail to have your systems inspected or to have them inspected late and to fail to rectify defects properly or in good time.

    Who inspects systems for handling substances hazardous to water?

    Experts according to AwSV are persons who are appointed by an expert organization according to section 52 AwSV. The experts are trained, tested and monitored by the organization. Only experts in accordance with Section 2 Paragraph 33 AwSV are authorized to inspect systems for handling substances hazardous to water in accordance with Section 47 AwSV and to assess them in accordance with Sections 41 and 42 AwSV.

    When should a system be tested?

    Depending on the occasion, a distinction is made between

    • Inspection before commissioning,
    • Testing after significant changes, e.g. after adding new system components
    • periodic inspections,
    • Inspection on the occasion of decommissioning
    • if the inspection is ordered due to concerns about a water hazard
    The scope and frequency of the expert inspections are regulated by law and depend on the storage quantity, whether the storage is above or below ground and whether the storage facility is located in a protected area.

    The following tables summarize the inspection obligations (legal basis: Section 46 (2) and (3) AwSV). A distinction is made between underground and above-ground heating oil storage facilities.

    Underground heating oil consumer installations (underground tanks)

    Outside of protected areas
    Hazard level Tank volume in L On commissioning or after a significant change Periodic inspection all On decommissioning of an installation
    A up to 1,000 Yes 5 years Yes
    B greater than 1,000 up to 10,000
    C greater than 10,000 to 100,000
    Within protected areas
    A up to 1,000 Yes 2.5 years Yes
    B greater than 1,000 up to 10,000
    C greater than 10,000 to 100,000 Not permitted in water protection areas.

    Note: Underground systems are generally subject to inspection regardless of their volume. A heating oil tank is considered to be underground if it is fully or partially embedded in the ground. As soon as a part of the system (e.g. a pipe) is located underground, the entire system is classified as "underground".

    Above-ground heating oil consumer systems

    Outside of protected areas
    Hazard level Tank volume in L On commissioning or after a significant change Periodic inspection all On decommissioning of an installation
    A up to 1,000 Not applicable Not applicable
    B greater than 1,000 up to 10,000 yes
    C greater than 10,000 to 100,000 5 years Yes
    Within protected areas
    A up to 1,000 not applicable
    B greater than 1,000 to 10,000 Yes 5 years yes
    C greater than 10,000 to 100,000

    Note: In the case of an above-ground oil tank system, the inspection obligation only applies to tanks with a capacity of more than 1,000 liters. A heating oil tank that is installed in the cellar is also considered to be above ground, provided that no part of the system is embedded in the ground.

    Irrespective of the above-mentioned periodic inspections, system operators are obliged to self-monitor their system.

    Inspection of the heating oil tank:

    The inspection order must be issued by the system operator to an expert or an expert organization in good time so that the inspection can be carried out in the month it is due.

    Test report/test results/removal of defects:


    The expert summarizes the results of the inspection in an inspection report and classifies the defects into one of the following four classes:

    • No defects
      The expert affixes an inspection sticker in a clearly visible place on the heating oil system with the date of this inspection and the next required inspection.

    • Minor defects
      The operator must have these rectified by a certified specialist company within six months

    • Significant defects
      These must be rectified immediately by a certified specialist company. A follow-up inspection is carried out by an expert to determine whether the defects have been properly rectified. An inspection report will also be issued on this

    • Dangerous defects
      The operator must take his heating oil system out of operation immediately and empty it if the expert deems this necessary. A follow-up inspection is carried out by an expert to determine whether the defects have been properly rectified. An inspection report will also be drawn up on this.

    The operator receives the expert's inspection report. The lower water authority also receives a copy of the inspection report.

  • Specialist company obligation

    The legal obligation to operate as a specialist applies to all underground storage facilities and to aboveground storage facilities with a storage volume of more than 1 m³.
    In the case of facilities requiring specialist operation, the operator must commission a certified specialist company with the construction, internal cleaning, repair and decommissioning of the facilities and facility components. (Legal basis: paragraph 45 and paragraph 62 AwSV)

    Anyone who intentionally or negligently constructs, cleans the inside of, repairs or decommissions a system without being a specialist company commits an administrative offense (legal basis: Section 65 No. 25 AwSV).

  • Filling of fuel oil tanks

    Storage facilities may only be filled if the required safety equipment is in proper working order and the facility has no obvious defects or damage. Before filling the tanks, the tank truck driver must determine the available free space in the tanks. For this purpose, the level indicator must be read or, in the case of translucent tanks, the level must be visible. The entire filling process must be monitored. If this cannot be ensured, the system must not be filled.

    Safe refueling: limit value transmitter

    A limit switch on the heating oil tank protects against overfilling damage. It automatically shuts off the oil supply as soon as the tank level reaches a certain mark. Overfill protection is mandatory for all underground tanks as well as for aboveground tank systems with a capacity of more than 1 cubic meter.

  • Notification of damage cases/measures in case of fuel oil leakage

    If there is a risk that heating oil may leak or if this has already happened, the operator must immediately take measures to limit the damage (legal basis: section 24 para. 1 AwSV). The affected plant must be taken out of operation or emptied into other, safe containers if a hazard to soil and water may arise.

    In principle, the leakage of a not insignificant quantity of heating oil must be reported immediately to the local fire department, police station and the lower water authority of the city of Wolfsburg if the substances have entered or may enter the subsoil (groundwater), the sewage system or a surface water body.

  • Decommissioning of fuel oil tanks

    Decommissioning is the permanent shutdown of an oil storage facility or parts of a facility. Decommissioned oil storage facilities or parts of facilities must be secured in such a way that there is no danger to third parties or the environment.

    Fuel oil storage facilities may only be decommissioned by specialist companies approved for this purpose. These companies have the necessary expertise and ensure proper disposal of oil residues and sludge. In principle, the operator must arrange for a decommissioning inspection to be carried out by an expert after completion of the work. This expert must check whether the tank facility has been emptied and cleaned, whether filling nozzles have been removed or secured against accidental use, and whether there are any indications of soil or groundwater contamination.

    In any case, the decommissioning of a heating oil storage facility must be reported in writing to the lower water authority.

  • Retrofit obligations

    In principle, the following applies: For systems that have been properly installed and operated in accordance with the previous legal regulations, there is no automatic retrofitting obligation.

    An expert first checks whether and to what extent there are deviations from the current requirements for heating oil systems and provides information in good time about any necessary adaptation measures.
    Based on the inspection report, the water authority of the city of Wolfsburg can order retrofitting measures if necessary, provided this is required for reasons of preventive water protection(legal basis: Section 68 AwSV).

    In general, however, as an operator of an oil heating system, you are well advised to have your system adapted to today's technical standards by a specialist company, even without an express order from the authorities, and thus significantly increase the safety of the system.

    Modern limit value transmitters

    Especially older storage systems (older than approx. 10 to 15 years) are still often equipped with limit value transmitters of the old type. In these models, the PTC thermistor is still equipped with a closed plastic protective sleeve with holes. These holes can become clogged, preventing heating oil from reaching the PTC resistor during filling. The pump on the tanker no longer switches off when the maximum filling level is reached. The result: the heating oil overflows.
    Therefore, equip your storage system with a new type of limit switch. These no longer clog because the sleeve is slotted and open at the bottom.

    Conversion to single-line system (suction line)

    Do you still have a storage system with the outdated principle of a supply and return line to the burner system?

    This type of heating oil extraction involves a large number of risks, since the leakage of heating oil from a leaking return line is often not noticed quickly enough. Although heating oil escapes unimpeded to the outside via a leak in the line, the burner system will continue to run trouble-free as long as heating oil can be removed from the tanks.
    Conclusion: Have the return line from the oil burner to the tank shut down by a certified specialist company and have the oil supply converted to a "single line system".

    Retrofitting with an empty lift safety device

    If the lowest point of the suction line is lower than the maximum permissible liquid level in the tank, there is a risk that heating oil may leak out automatically due to suction lift effect in the event of a break in the suction line to the oil burner.

    The solution: retrofitting with an approved siphon protection valve reliably prevents heating oil from leaking.

  • Plastic tanks for the storage of fuel oil

    Older plastic tanks made of polyethylene (PE) or polyamide (PA) may experience critical material fatigue over the years.

    Generally, plastic heating oil storage tanks are designed for safe operation for about 30 years. Due to the aging processes of the plastic, the stability is then no longer proven. Regardless of a visually proper condition of the tanks, manufacturers therefore recommend a regular inspection after 25 years, but at the latest after 35 years the tanks should be taken out of service or replaced. If the tank system continues to be operated, this is done at the user's own risk.
    You should have plastic tanks with deformations, bulges, embrittlement, cracks or severe discoloration replaced immediately, regardless of the age of the system.

  • Fuel oil consumer installations in flooded and protected areas.

    Even in the event of flooding, heating oil must not be allowed to escape, which is why stricter requirements are imposed on heating oil consumer systems in flood areas.
    You can see whether the storage location is in a protected area or designated flood zone on the environmental map linked below.

  • Contact

    City of Wolfsburg
    Environmental Agency - Lower Water Authority -
    Porschestraße 49
    38409 Wolfsburg

    Contact person:

    Ms. Krause
    Telephone: 05361 28-1961

    Ms. Grune
    Phone: 05361 28-2425

    Ms. Diesner
    Telephone: 05361 28-1519

    Fax: 05361 28-1877
    E-Mail: wasserbehoerde@stadt.wolfsburg.de

    Opening hours

    Monday and Tuesday: 08:30 to 16:30
    Thursday: 08:30 to 17:30
    Wednesday and Friday: 08:30 to 12:00


  • Cases of damage with substances hazardous to water

    Leaked substances hazardous to water must be retained and properly disposed of, as must materials contaminated by these substances.

    If a substance hazardous to water escapes from a facility (e.g. tank) during storage or transport, this must be reported immediately to the lower water authority or the nearest police station if the substance hazardous to water threatens to enter a body of water, a wastewater facility (i.e. also the sewer system) or the soil.

    The operator, the vehicle driver or whoever maintains, repairs, cleans, monitors or tests the system or has observed or caused the leakage of the water-polluting substance must be notified.

    In the event of damage or operational malfunctions, systems must be immediately taken out of operation or emptied into other, safe containers if a hazard to soil and water may arise.

  • Storage of liquid manure, slurry, silage (JGS plants)

    Facilities for the storage and filling of liquid manure, slurry and silage leachate must be designed and installed, erected, maintained and operated in such a way that the best possible protection of water bodies against pollution or other detrimental changes in their properties is achieved. The erection of such facilities requires the approval of the building authorities or the nature conservation authorities.

    In water protection areas, there are increased requirements (for example, leak detection systems) for the facilities

  • Temporary storage of solid manure in the open field

    Solid manure or farmyard manure is a fertilizer intended for direct or indirect application to crops to promote their growth, increase their yield or improve their quality. As a farm-produced organic fertilizer, it is used primarily in the spring and fall as a valuable nutrient carrier, especially on organic farms.

    In principle, the necessary storage space should be available on the farm so that temporary storage at the edge of the field can be avoided.

    In exceptional cases, however, temporary storage of manure may be necessary off the farm, for example, if the farm is located in a confined area and storage capacity is limited, if soil access is restricted due to weather conditions, if the crops are not in a suitable state of development, and to avoid work peaks so that the solid manure is available on time and in the required amount.

    For more information, please read the following brief report on the use of solid manure.

  • Contact persons for substances hazardous to water

    Nina Krause
    Phone: 05361 28-1961
    E-Mail: wasserbehoerde@stadt.wolfsburg.de

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