The AwSV is designed to protect water bodies and, on the one hand, includes regulations for classifying substances and mixtures according to their level of hazard. On the other hand, it sets forth the technical requirements for facilities that handle substances and mixtures hazardous to water, as well as the obligations of the operators of these facilities. The fundamental technical requirements stipulate that containers holding water-polluting substances must remain leak-proof throughout their entire operational life. Should a container ever develop a leak, technical and organizational measures must be in place to prevent damage to water bodies.

Wide Variety of Facilities

The variety of facilities handling substances hazardous to water is considerable and ranges from private heating oil systems to gas stations, refineries, electroplating plants, standard and specialized facilities in the industrial and commercial sectors, large-scale intermodal transshipment facilities, biogas plants, and even manure tanks and solid manure storage pads in agriculture. For facilities with a higher risk potential, therefore, systems must be in place that automatically contain any water-polluting substances released in the event of an accident and, if necessary, trigger an alarm so that the damage can be mitigated as quickly as possible.

Clarifications Urgently Needed

Enforcement authorities have recognized that certain wording leads to misunderstandings, that references are imprecise, and that certain scenarios have been overlooked. Both government agencies and the business community are therefore calling for a revision of the existing regulations. The Federal Ministry for the Environment, Climate Action, Nature Conservation, and Nuclear Safety (BMUKN) has been working on a “minor revision” of the AwSV for approximately seven years. In mid-June 2020, a draft bill was submitted that addresses and resolves the problems encountered in enforcement and clarifies the general requirements for firewater retention. Unfortunately, inter-ministerial discussions could not be concluded during the last legislative session, and the process has been on hold ever since. The revision of the AwSV is essential and urgently needed for German industry and should therefore be resumed immediately.