Water protection officer: From what quantity is the order mandatory?

Section 64 paragraph 1 of the Water Resources Act (WHG) in the version announced on July 31, 2009, last amended by Article 1 of the law of December 4, 2023, obliges operators of certain systems to appoint a water protection officer in writing. Contrary to what is sometimes claimed, the obligation is not linked to a general “amount of water”, but rather to specific facts: the discharge of wastewater into bodies of water in the quantities specified there, the transport of water-polluting substances and the operation of water-polluting systems above certain quantity or class limits. The central threshold for direct dischargers is more than 750 cubic metres of wastewater per day in dry weather. This threshold has been unchanged since the new version of the WHG in 2009 and is specified in the water law permit.

This article shows from which quantity or type of system the ordering becomes mandatory, which special regulations supplement the state water laws, which tasks § 65 WHG assigns to the water protection officer and how you can operationally fulfil the ordering obligation. The article is aimed at plant managers, environmental officers and management in industrial companies, food production, chemistry, electroplating, sewage treatment plant operations and all companies with relevant indirect or direct discharges. The clock starts on awareness.

Section 64 paragraph 1 WHG names three facts that trigger an obligation to order. Number 1: Operators who are allowed to discharge more than 750 cubic metres of wastewater in one day. This threshold refers to the authorised discharge volume in dry weather, not to the actual volume. Anyone who has a water law permit in accordance with Sections 8 and 9 of the WHG with a discharge volume above this threshold is required to order, even if the system discharges less during the day. Number 2: Operators who transport substances that are hazardous to water. Number 3: Operators of systems that deal with water-polluting substances, provided that the system is assigned to a certain size class according to the Plant Ordinance on the Handling of Water-Potential Substances (AwSV).

The offenses are cumulative, not alternative: Anyone who fulfils several offenses still only has to appoint one water protection officer, but can technically distribute the tasks among several people. Section 64 paragraph 2 WHG allows several people to be appointed together. The responsible water authority of the country in which the system is located must be informed of the order in writing (Section 64 Paragraph 3 WHG). The appointment certificate, signed, filed and verifiable, is often shown first in the audit. The environmental protection officer can take on tasks, but does not replace the formal water protection appointment if the § 64 threshold is exceeded. The authority does not examine the content of the order, but rather takes note of it; The operator is responsible for suitability. If a gap in suitability is later discovered, for example because the representative does not adequately cover industry-specific requirements, the responsibility falls entirely on the management, with all the regulatory consequences from Section 103 WHG.

The threshold of 750 cubic metres per day in dry weather results from Section 64 Paragraph 1 Number 1 WHG and applies to direct dischargers into surface waters. Dry weather refers to meteorological conditions without significant precipitation in which the discharge volume is not distorted by rainwater inputs. What is relevant is the discharge quantity approved in the water permit, not the average over the year. In the case of multiple permits, the individual quantities are added together; This also applies to systems that discharge into several bodies of water.

In practice, industries such as breweries with annual production of around 100,000 hectoliters, larger electroplating companies, food processors with quantities of cleaning water, paper and pulp factories and municipal sewage treatment plants reach the threshold. The Wastewater Ordinance (AbwV) in conjunction with its appendices 1 to 57 also prescribes special requirements for many of these industries, which the water protection officer must monitor. Anyone who reaches the threshold as an industrial company should also check the state legal requirements. Several federal states (Bavaria, Baden-Württemberg, North Rhine-Westphalia) supplement the WHG with state water laws, which in individual cases set lower thresholds or additional requirements. You are familiar with the state regulations from the water permit and from the hearing process for permit extension. Systematic monitoring of these country-specific requirements is part of the representative's specifications. There are also industry-specific appendices to the Wastewater Ordinance with specific limit values ​​for COD, BOD5, nitrogen, phosphorus, heavy metals, AOX and industry-specific parameters such as colour or certain organic compounds. These limit values ​​must be continuously compared by the representative together with the operating data. The self-monitoring regulations of individual countries supplement the catalogue of obligations with sampling frequencies and reporting obligations to the water authority. Anyone who only slightly exceeds the threshold should also have backup scenarios in place, because even an approved extension of the permit can cause the threshold to be exceeded permanently.

Beyond the amount of wastewater, the handling of water-polluting substances triggers an obligation to order. The definition of substances hazardous to water can be found in Section 62 WHG in conjunction with the Plant Ordinance on the Handling of Substances Hazardous to Water (AwSV) of April 18, 2017. The AwSV divides substances into water hazard classes (WGK) 1 (weak), 2 (significant) and 3 (strong) and differentiates systems according to hazard levels A to D, depending on the quantity and WGK of the folded fabric. The obligation to order applies to systems from hazard level B, depending in detail on the interpretation of the respective state water authority.

Example: A tank farm system with 1,000 liters of a WGK-2 substance reaches hazard level A. A system with 10,000 liters of the same substance or with 1,000 liters of a WGK-3 substance reaches hazard level B and triggers the order requirement. The quantity thresholds from Section 39 AwSV are decisive. For the transport of water-polluting substances in accordance with Section 64 Paragraph 1 Number 2 WHG, the threshold is relevant in practice for quantities that are subject to a notification or approval requirement under water law. Here too, state regulations specify the application. The water protection officer works closely with the hazardous substances officer, as many substances that are hazardous to water are also hazardous substances according to the CLP regulation. A shared substance list with WGK assignment, dangerous goods classification and substitution status significantly reduces duplication of work. The AwSV requirements for retention devices, collecting trays, sealing surfaces and leak detection belong in the system register and should be linked to maintenance intervals, expert inspections and defect tracking in a workflow so that the representative can reliably represent the system condition at any time. Expert examinations in accordance with Section 46 AwSV are due every five or ten years depending on the risk level and are linked in the workspace with a lead time and person responsible.

Indirect dischargers are companies that do not discharge their wastewater directly into a body of water, but into a public wastewater treatment plant. Section 64 WHG does not cover this directly; For indirect dischargers, the obligation to order typically results from state regulations, indirect discharger regulations or municipal statutes. In North Rhine-Westphalia, the NRW Indirect Discharge Ordinance requires the appointment of a representative for certain industries and quantities, such as electroplating companies and larger food processors. In Bavaria there are comparable regulations via the Bavarian Water Act and administrative regulations.

Even if there is no obligation to order under state law, the municipal statutes of the city or the wastewater association can require proof of expert monitoring of the wastewater quality. In the audit practice of many municipal utilities, requirements are issued without a formal order as soon as limit values ​​(heavy metals, AOX, phenols, hydrocarbons) are exceeded. The clean solution is a voluntary appointment with a clear task description, reporting path and documentation. Even if this appointment is voluntary, it has a liability-limiting effect for the management. In the CIVAC workspace, a distinction is made between mandatory and voluntary orders, with identical documentation depth and connection to the reporting line to management. This means that the status of the order remains audit-proof and traceable at all times. In addition, for indirect dischargers, the effectiveness of their own pre-treatment system (neutralization, heavy metal precipitation, grease separator) becomes a crucial compliance factor. Municipal supervision can order short-term sampling and immediate measures. A voluntary appointment with a clear reporting line ensures the ability to act even in such acute cases. The interconnection with TA Luft and the system approvals according to the Federal Immission Control Act is often underestimated, but is crucial for the overall system perspective because wastewater flows are often linked to systems that require approval at the same time. A complete compliance view only arises when water, air and substance come together in one register.

§ 65 WHG names the tasks of the water protection officer. First: monitoring compliance with the provisions of the WHG, the legal regulations issued under this law, and the water law conditions and requirements. Second: Notification of identified defects and suggestions for elimination to the operator. Thirdly: informing the employees about the water pollution caused by the facility and about the devices and measures to prevent it. Fourth: annual written report to the operator on the measures taken and planned.

Section 65 paragraph 2 WHG stipulates that the water protection officer carries out his tasks independently and may not be disadvantaged because of their fulfilment. This protective clause is comparable to the law of representatives in other areas (data protection, occupational safety, pollution control) and protects in particular in the case of critical reports to management. Section 66 WHG extends the obligations to include the submission of a written annual report to the responsible water authority, if the authority orders this. The CIVAC Compliance Platform and Officer-as-a-Service provides report templates, task catalogues and escalation workflows so that the tasks do not depend on the individual experience level of the appointed person. The auditor calls, the evidence is ready. Escalation to management also takes place via a defined reporting channel that documents confirmation of knowledge. The annual report according to Section 65 Paragraph 3 WHG is more than a mandatory text: it is the written inventory of water law compliance and should contain indicators such as limit violations, incidents, maintenance status, training and planned investments. This report is an essential indication for water authorities as to whether a company is taking its obligations seriously. Anyone who creates the report on a platform basis with templates, plausibility checks and automatic cross-references to the plant register avoids inconsistencies between the report and the actual plant situation.

The professional suitability of the water protection officer is regulated by Section 64 Paragraph 4 WHG. Only those who have the expertise and reliability required to carry out their tasks may be appointed. The specialist knowledge includes knowledge of the Water Resources Act, the Wastewater Ordinance, the AwSV, the relevant state regulations, the technical rules (DWA-A 100, DWA-A 138, DIN 1986-100) and the industry-specific requirements. In practice, specialist knowledge is demonstrated through training (engineer, chemist, environmental scientist) plus professional experience plus further training. The DWA (German Association for Water Management, Wastewater and Waste) and the TÜV associations offer certified courses.

The order must be made in writing, specify clearly defined tasks, authorities and reporting channels and be valid for at least three years. A shorter order is only permitted in justified exceptional cases. External representatives are permitted and are an operationally viable solution, especially for medium-sized companies with complex requirements but limited human resources. Licence the workspace for your internal representatives or have our representatives order it. With Officer-as-a-Service, CIVAC provides an externally appointed water protection officer who covers the full list of tasks in accordance with Section 65 WHG, with an SLA of 2 working days instead of 2 to 6 weeks of classic consultations. CIVAC takes care of the registration to the authorities with presentation and dispatch. The appointment certificate, signed, filed, verifiable. Short-term replacement in the event of vacation or personnel changes is also standardised in the officer-as-a-service model, so that the continuity of task performance does not depend on an individual. Others run compliance like a filing cabinet. We run it like software. An integrated file consisting of an appointment certificate, task description, training certificates, annual reports and official correspondence significantly reduces the preparation time for unannounced on-site inspections. Substitution in the event of vacation is also clearly regulated in the workspace.

§ 64 paragraph 3 WHG requires written notification of the order to the responsible water authority. The content of the notification is not conclusively regulated by law; in practice, authorities require: name and qualifications of the person appointed, job description, powers, reporting channels, period of validity of the order, contact details and a declaration from the operator to provide the necessary resources. An identical report is sent to the professional association if water protection tasks are interlinked with occupational safety.

Instances of change must be reported. These include: change of person, expansion or restriction of tasks, termination of the appointment, significant changes to the system, new water law notice with changed thresholds. The deadline begins as soon as we become aware of it: As soon as a change has been identified, the authority must be informed within four weeks. Anyone who violates the reporting obligation risks administrative offense proceedings under Section 103 WHG with a fine of up to 50,000 euros. A platform-supported solution combines the appointment certificate, the official notification and the annual reporting routine in a workflow so that no step is forgotten. The supervisory authorities are increasingly checking whether notifications of changes were made in a timely manner; A late notification of a change of person is usually the trigger for the first complaint. Anyone who automatically derives the change workflow from the personnel change on the platform side avoids this gap structurally. Even if the system is expanded, for example through a new production line with additional water-polluting substances, the order must be checked to see whether the professional qualifications of the existing representative are still sufficient or whether an addition is necessary. In such cases, the authority expects a brief explanation of suitability in the notification letter, not just a personnel report. A template in the workspace covers this requirement and closes the gap between personnel changes and official recognition.

Violations of the ordering obligation or the reporting obligations are subject to a fine in accordance with Section 103 WHG. The fines range up to 50,000 euros per violation. In the case of intentional or grossly negligent contamination of a body of water, the criminal offenses of Sections 324, 324a and 326 StGB apply with prison sentences of up to five years. Criminal liability falls on the management and, additionally, on the operationally responsible officers if they were or should have been aware of defects.

The distribution of liability is subtle. Section 65 paragraph 1 number 1 WHG obliges the representative to monitor. If the representative identifies defects, he must report them to the operator. If no remedy is found, he can inform the water authority directly according to Section 65 Paragraph 4 WHG without having to fear consequences under labour law. This “whistleblowing similarity” is rarely used in practice, but protects the representative in critical cases. If you do not document the reporting line, you risk that in the event of damage, both management and representatives will see each other as responsible. A CIVAC reporting line with management acknowledgment closes this gap. Audit-proof, documented, § 65-proof: Every report, every escalation, every acknowledgment is versioned with a time stamp and user ID. In this way, the chain of responsibility between the representative and management remains traceable in the audit, and in the event of damage, the question of knowledge and reaction time can be answered objectively. This is the crucial point, particularly in fine proceedings according to Section 130 OWiG (violation of the duty of supervision). Anyone who can provide documented evidence that defects were escalated promptly and management was informed will defer personal liability in individual cases and at the same time protect the management's liability.

The appointment of a water protection officer is more than a formality. It combines water rights registers, asset registers, AwSV substance lists, AbwV appendices, DWA regulations and company-specific water rights notices into one specification. CIVAC's compliance platform and officer-as-a-service combines these elements. The workspace contains a threshold check according to Section 64 WHG, an AwSV substance register with WGK classification, an appendix monitor for the AbwV, a report template according to Section 65 paragraph 3 WHG, a display module for the water authority, a change workflow and 490 ready-to-use audit templates. The EU data residency at ISO/IEC 27001:2022 level with 93 controls is fixed in the contract.

Licence the workspace for your internal representatives or have our representatives order it. With Officer-as-a-Service, CIVAC provides an externally appointed water protection officer who covers the tasks in accordance with Section 65 WHG, prepares the notification to the water authority, writes the annual report and represents the person in the audit. The SLA is 2 working days for water protection issues instead of the 2 to 6 weeks of classic consultations. Both models comply with Section 64 WHG and are documented for audit purposes. Turn reading into a mandate.: Write to info@civac.de or use the contact form on civac.de. An initial assessment of your ordering and reporting obligations takes 30 minutes and ends with a prioritised action plan that can be used internally regardless of an order. If you wish, you will also receive a sample text package consisting of an appointment certificate, notification to the authorities and a description of tasks, which you can copy directly into your personnel file and your water law correspondence. These sample texts are aligned with the current version of the WHG and the AwSV and are updated when the law changes, so that you do not have to react to amendments independently.