Substances hazardous to water

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.

Ordinance on Facilities for Handling Substances Hazardous to Water

Further information can also be found in the following publications:

Publications on the subject area

If systems for handling substances hazardous to water are set up and operated without being inspected or if the necessary safety equipment is missing and an accident occurs, the necessary remediation measures are very costly. 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.

Fuel oil storage

The Lower Water Authority of the City of Wolfsburg monitors whether the systems requiring inspection are inspected by an expert on time.

Operators of a heating oil storage facility are responsible for tank safety. According to the applicable legal regulations, the following obligations in particular must be observed:

Legal basis - General
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).

Water Resources Act (WHG)

Lower Saxony Water Act (NWG)

Ordinance on Facilities for Handling Substances Hazardous to Water

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.

Online form Display heating oil storage system

The following are subject to inspection

all underground storage facilities

above-ground storage facilities with a storage volume of more than 1 m³

As no official preliminary inspection (suitability assessment) is carried out, the operator - especially in flood areas or protected areas - must carry out the planning and construction or have it carried out on their own responsibility(legal basis: Section 41 Para. 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).

System documentation and information sheet
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.

Instruction sheet "Operating and behavioral regulations for the operation of heating oil consumer systems"

In-house and external monitoring

The operator of a system in which substances hazardous to water are handled must therefore regularly check the tightness of the system and the functionality of the safety equipment as part of self-monitoring.

The tank and pipelines are checked for leaks and the fill level and consumption quantities are checked visually. 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 reliably detected.

The tank and the filling and vent lines should not be deformed and should not show any dents, cracks or discoloration. If the tanks are installed in a collecting chamber, this must be dry and no objects may be placed or stored in the collecting chamber. The interior coating must be oil-tight, intact and free of cracks. Alternatively, there must be a foil lining.

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 facilities 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.

The regular maintenance of the heating system by a plumbing company, the building permit issued by the city of Wolfsburg or the regular inspection by the chimney sweep do not replace the expert inspection.

List of approved experts

When should a system be tested?

Depending on the occasion, a distinction is made between

Inspection before commissioning,
Testing after significant changes, for example after adding new system components
recurring 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.

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 in accordance with the German Water Resources Act (WHG). 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, if necessary, 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 will also receive 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 a proper condition 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 fill level indicator must be read or, in the case of translucent tanks, the fill level must be visible. The entire filling process must be monitored. If this cannot be ensured, the system must not be filled. The tanker driver must be granted easy access to the heating and tank system.

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 decommissioning 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 risk to third parties or the environment.

Heating oil storage facilities may only be decommissioned by authorized specialist companies. These companies have the necessary expertise and guarantee proper disposal of oil residues and oil sludge. When decommissioning a system, the operator must have the heating oil contained in the system and in the pipes as well as its residues completely removed by an approved specialist company. Filling, ventilation and extraction lines must be removed.

A certificate stating that the oil tank(s) has/have been properly cleaned and decommissioned must be submitted to the lower water authority (decommissioning certificate).

In the case of underground installations, above-ground installations larger than 10 m³ and within protected areas, an inspection report from an expert on the proper decommissioning of the oil tank(s) is also required.

The expert checks whether the tank system has been emptied and cleaned, whether filling nozzles have been removed or secured against inadvertent 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: There is no automatic retrofitting obligation for systems that have been properly installed and operated in accordance with the previous legal regulations.

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.
If necessary, the water authority of the city of Wolfsburg can order retrofitting measures on the basis of the test report if this is necessary for reasons of preventive water protection(legal basis: Section 68 AwSV).

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

Limit value sensor

A limit value sensor 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 and for above-ground tank systems with a capacity of more than 1 cubic meter.

Older storage facilities in particular (older than approx. 10 to 15 years) are often still equipped with limit switches of the old design. In these models, the PTC thermistor is still fitted with a closed plastic protective sleeve with holes. These holes can become blocked so that heating oil can no longer reach the PTC thermistor 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 limit value sensor that is constructed with a slotted sleeve. These no longer clog, as the sleeve is open at the bottom.

Conversion to single-line system (suction line)

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

This type of heating oil extraction is not state of the art and involves a number of risks, as the escape of heating oil from a leaking return line is often not noticed quickly enough. Although heating oil escapes unhindered via a leak in the return line and possibly leaks into an unsecured room, the burner system continues to operate trouble-free as long as heating oil can be removed from the tanks. In the worst case, the leak is only discovered when the burner fails because the storage system has run empty.
Conclusion: Have the return line from the oil burner to the tank shut down by a certified specialist company and convert the oil supply to a "single-line system".

Empty lifting 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 can leak out automatically due to the suction lifting effect if the suction line to the oil burner breaks.

Retrofitting with an approved siphon protection valve prevents heating oil from leaking.

Plastic tanks for the storage of fuel oil

With older plastic tanks made of polyethylene (PE) or polyamide (PA), critical material fatigue can occur over the years.

Plastic tanks are generally designed for a safe operation of approx. 30 years and yet material changes can occur before this time, making it necessary to replace the heating oil storage tank. Individual environmental conditions and operating conditions can lead to premature ageing. For example, UV radiation from daylight leads to embrittlement and discoloration. The average storage room temperature also has a considerable influence on the ageing of the plastic, e.g. higher temperatures lead to faster ageing of the plastic. There are a number of other influencing factors, such as design, frequency of refueling and heating oil quality, which have a significant effect on the ageing and also the system safety of plastic storage tanks. Periodic inspections by experts are recommended here, even without an order.

Plastic tanks with deformations, bulges, brittleness, cracks or severe discoloration should be replaced immediately, regardless of the age of the system.

The collection room

Single-walled tanks must be installed in a containment area. This must be dry and have an intact and approved oil-tight inner coating (alternatively a foil lining) as a second barrier. No objects may be placed or stored in the collection chamber.

Fuel oil consumer installations in flooded and protected areas.
In designated flood and risk areas, special safety requirements apply to the storage of heating oil in order to prevent possible damage in the event of flooding and to prevent heating oil from entering the environment. You can find out whether your heating oil system is located in a flood zone or risk area by contacting the Lower Water Authority of the City of Wolfsburg or by consulting the environmental map linked below. You may need to have your system retrofitted to make it flood-proof.

Lower Saxony environmental map

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.

Self-consumption filling stations

Self-consumption filling stations (EVT) are intended to supply vehicles and equipment used for the associated operation with fuel. The filling stations are not open to the public. The dispensing quantity of 10,000 liters per year is not exceeded and these filling stations are only operated by the operator and the persons designated and instructed by him.

The requirements for the construction and operation of self-consumption filling stations can be found in the information sheet on self-consumption filling stations for diesel fuel.

Obligation to notify

> 1000 liters of above-ground diesel storage
Underground storage must always be notified

Inspection by an expert in accordance with section 53 AwSV

Before commissioning or one-off inspection of an existing system
Inspection of the filling area after 1 year of operation
After a significant change to the system
Periodic inspection of the filling system, every 10 years (every 5 years in water protection areas)
When the filling system is shut down

Barrel and container storage

The storage of waste oil, fresh oil, pesticides and other substances hazardous to water in drums or containers is subject to the following regulations:

Obligation to notify

Above-ground storage

Greater than 220 liters of waste oil
Greater than 220 liters of waste oil and fresh oil (added quantity of both oils)
Larger than 1000 liters of fresh oil
Greater than 220 liters of pesticides (water hazard class 3)

Underground storage

Generally subject to notification

Inspection by an expert in accordance with section 53 AwSV

Before commissioning or one-off inspection of an existing system
After a significant change to the system
If necessary, periodic inspection every 5 years (for systems of hazard level C and D)
If necessary, when the system is shut down (for systems of hazard level C and D)
When decommissioning the filling system

Cases of damage with substances hazardous to water

Spilled substances hazardous to water must be contained and disposed of properly. This also applies to materials and media (extinguishing water, soil and similar) that have been contaminated by these substances.

If a water-polluting substance leaks from a system (e.g. tank) during storage or transportation, this must be reported immediately to the lower water authority or the nearest police station if the water-polluting substance threatens to enter a body of water, a wastewater system (i.e. also the sewage system) or the ground.

The obligation to notify is:

The operator
The vehicle driver
anyone who maintains, repairs, cleans, monitors or tests the system
has observed or caused the leakage of the water-polluting substance.

In the event of damage or malfunctions, systems must be taken out of operation immediately or emptied into other, safe containers if there is a risk to soil and water.

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

The construction of such facilities requires approval from the building authorities or under nature conservation law.

Under the Ordinance on Installations for Handling Substances Hazardous to Water, the following obligations apply to the operator of JGS installations (slurry, liquid manure and silage storage):

1. obligation to notify

In the event of construction, decommissioning or significant modification of the plant volume specified below (Annex 7 No. 6.1 AwSV)

Storage facility for silage slurry over 25 m³
Storage facilities for solid manure or silage over 1,000 m³
Other JGS facilities over 500 m³

2. inspection by an expert in accordance with section 53 AwSV

before commissioning and by order of the authority
Underground tanks in the water protection area must be inspected every 30 months, outside every 5 years. (Annex 7 No. 6.4 AwSV)

Existing JGS systems, if they comply with the state regulations of July 31, 2017, only have to be inspected by an expert by order of the authority, unless they were already subject to inspection beforehand. (Annex 7 No. 7.1 AwSV)

3. specialist company obligation

Systems subject to mandatory notification may only be installed and repaired by WHG specialist companies. (Annex 7 No. 2.4 AwSV)

Temporary storage of solid manure in the open field

Solid manure or farmyard manure is a farm fertilizer that is intended to be applied directly or indirectly to crops in order to promote their growth, increase their yield or improve their quality. As a farm's own organic fertilizer, it is primarily used in spring and autumn as a valuable nutrient carrier, especially on organic farms.

The Niedersächsische Feldmieten-Verordnung concerns the field storage of manure and silage for a maximum period of six months (§ 1). This time frame is based on the provisions of the Ordinance on Installations for the Handling of Substances Hazardous to Water (AwSV), according to which this federal ordinance is decisive for storage lasting longer than six months (see Section 2 (9) AwSV). The regulations of the new Lower Saxony Field Muck Ordinance are therefore flanked by the regulations contained in the AwSV for storage facilities with a useful life of more than six months.

If the storage of solid manure is planned as a field windrow, then this storage must take place on agricultural land on which the rooted soil layer is at least 25 cm and the underlying layer is rootable and at least 50 cm thick.

Storage may not take place in the same place for several consecutive years and the soil of the storage site may not be worked again until it has been used for plant cultivation or revegetation.

The storage of solid manure is prohibited in protection zone II of water protection areas and medicinal spring protection areas, as well as on areas where the average groundwater table distance is less than 1.5 m, in priority areas for drinking water extraction and there within a radius of 150 m around a water extraction plant, as well as on sloping areas, depressions and depressions in the terrain and in the vicinity of drainage pipes. Leachate from the storage facility must not enter surface waters.

If these and other requirements are not complied with, the intentional or negligent violation of the regulations constitutes an administrative offense and can be punished accordingly.

Further information can be found in the Lower Saxony Ordinance on Requirements for Field Heaps (Lower Saxony Field Heap Ordinance)

Lower Saxony ordinance on requirements for field windrows

Contact persons for substances hazardous to water

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

Mr. Becker
Telephone: 05361 28-5208

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

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