Water protection officer according to Section 64 WHG: Duties, appointment and service provider models

The Water Resources Act (WHG), in Section 64 Paragraph 1 WHG, obliges system operators to appoint a water protection officer as soon as the systems mentioned in Section 64 WHG are of particular importance for water pollution control, namely indirect dischargers with wastewater production of more than 750 m³ per day and direct dischargers with wastewater from certain industries in accordance with the appendix to the Wastewater Ordinance. The order must be made in writing and reported to the responsible water authority in accordance with Section 64 (2) WHG. Without an appointment, the management is personally liable in accordance with Section 130 OWiG for oversight failures, which, if repeated, can result in six-figure fines and personal sanctions.

This article explains when the appointment is mandatory, which tasks are part of the list of duties in accordance with Section 65 WHG, how the water protection officer deals with the Plant Ordinance for Substances Hazardous to Water (AwSV), the Indirect Discharge Ordinance and the Self-Control Ordinance of the Countries interlink, which costs are realistic and when an external order makes sense. You will receive a checklist for the appointment certificate, an annual work plan as a template and a comparison of service provider models in the DACH region. The article is aimed at management, plant managers and compliance officers in industry, breweries, chemicals and municipal wastewater disposal and uses the language that is used in the fine procedure. The appointment certificate, signed, filed, verifiable.

The obligation to order according to Section 64 WHG is linked to the status as a system operator with particular importance for water pollution control. Specifically, these are indirect dischargers with a wastewater production of more than 750 m³ per day, direct dischargers with wastewater from certain areas of origin in accordance with the appendix to the Wastewater Ordinance (AbwV), operators of systems for storing, filling, producing, treating or using water-polluting substances above certain quantity thresholds as well as operators of pipeline systems for water-polluting substances in accordance with Section 21 AwSV.

The interpretation in individual cases is the responsibility of the responsible water authority in the country. In Bavaria, the respective district administration or district government decides, in North Rhine-Westphalia the district government, in Berlin the Senate Department for the Environment. Official practice varies; Breweries and food manufacturers with their own sewage treatment plants are regularly recorded, while logistics centres with small tank depots are sometimes only recorded after notices have been given, for example after leaks or complaints from neighbors. Early clarification with the water authority creates legal certainty and reduces later requirements.

In addition, the AwSV applies its own ordering obligations for maintenance, testing and system documentation in accordance with Section 2 Paragraph 17 AwSV (specialist company obligation). Anyone who operates without a water protection officer, even though the obligation applies, risks fines according to Section 103 WHG of up to 50,000 euros and, in the event of a repeat offense, personal liability on the part of the management according to Section 130 OWiG. The appointment certificate of the water protection officer is therefore not a formal act, but a central distribution of liability and is the first proof in the audit that the authority wants to see. Anyone who manages the order as a software-supported process secures the audit trail even if there are changes in personnel. The appointment certificate, signed, filed, verifiable. Others run compliance like a filing cabinet. We run it like software. A written task description with an hourly quota and reporting frequency completes the order and makes subsequent success monitoring measurable.

The list of tasks according to Section 65 WHG comprises five fields. Firstly, monitoring compliance with water law regulations and requirements, including approval notices. Secondly, advising the operator and employees on all issues that are important for water pollution control. Third, participation in the development and introduction of environmentally friendly processes, products and treatment methods. Fourth, inform employees about water pollution that can come from the facility, as well as protective devices and procedures to avoid them. Fifthly, drawing up an annual report to the operator on the measures taken and intended.

The annual report is the central instrument of the reporting obligation and, according to Section 66 WHG, should be made known to both the management and the works council. In practice, many water authorities require a submission upon request. The report contains the inspections carried out, deficiencies identified, remedial measures initiated, training, approval procedures and recommendations for the following year.

In addition, there are event-related activities: statements on significant system changes in accordance with Section 7 AwSV, participation in approval procedures in accordance with BImSchG for water-relevant systems, monitoring of self-inspection in accordance with the state self-inspection regulations, training of operating personnel and accompaniment of inspections by authorities. A service provider who does not reflect these fields in an annual work plan does not fulfil the content of the order. The CIVAC platform provides the report and annual plan templates as part of the 490 audit templates, with versioning, report release and audit-proof storage for authority audits. CIVAC's compliance platform and officer-as-a-service solution connects operational data with reporting in one source. This means that annual reports, quarterly reports and event reports can be generated from the same database, which avoids duplication and increases data quality for authorities and internal reporting.

Expertise in accordance with Section 64 Paragraph 3 WHG requires the specialist knowledge required to fulfil the task, in particular knowledge of water law regulations and the relevant technical regulations. In official practice, this typically involves engineering training in the areas of chemistry, process engineering, construction, environmental technology or comparable qualifications plus at least three years of professional experience in water-related plant operation.

Course providers such as TÜV, DEKRA and DWA offer compact training courses with 40 to 60 teaching units that deepen the technical regulations. In particular, courses according to DWA leaflet M 731 and corresponding DWA certificates are recognised. According to BetrSichV and industry-specific regulations, the training must be refreshed every three to five years.

Check the following points specifically with the service provider: Is there a DWA certificate or comparable evidence? Has the person been active in plant operations for at least three years? What industry knowledge does she bring with her? Brewery, chemistry and electroplating have different material spectrums and approval patterns. For systems in accordance with the Major Accident Ordinance (12th BImSchV), additional experience in safety reports is required. Ask about the reporting line to management; Without a documented reporting line, the order is formally deficient and vulnerable to fine proceedings. CIVAC delivers the reporting line as a standard element of the appointment certificate and secures it technically in the workspace with escalation mechanisms. This means that the reporting chain is documented from the start and can withstand personnel changes without any gaps in the audit trail. The proof of expertise is stored in version form in the workspace and checked to ensure that it is up to date before each audit. A refresh reminder in the workspace prevents expired DWA certificates from only being noticed during the audit and making the order formally vulnerable. If the system configurations change, it makes sense to provide a short declaration of expertise for each location, which is stored in the workspace next to the appointment certificate.

The water protection officer rarely works alone. The most important interfaces exist with the Plant Ordinance for Substances Hazardous to Water (AwSV), the Federal Immission Control Act (BImSchG) for plants requiring approval, the indirect discharger ordinance of the states, the waste officer according to the KrWG and the hazardous substances officer according to GefStoffV. In systems according to the 12th BImSchV, the incident officer also takes action.

Example: A solvent is a water-polluting substance according to AwSV (water hazard class WGK 2 or 3), a hazardous substance according to GefStoffV, dangerous goods during transport according to ADR and potentially waste during disposal. Four representatives are responsible; Without a common database, contradictory assessments arise. A filing cabinet model compounds the problem because updates in one department do not reach the others.

The solution is an integrated compliance platform in which officers evaluate the same material in different roles, but on one data source. CIVAC maps 25 representative roles, all live, with shared substance master data management. This reduces duplication of work and closes the documentation gaps that become apparent during audits by water authorities, district governments and professional associations. In particular, the system documentation in accordance with Section 43 AwSV (system cadastre) and the self-inspection reports are generated from one data source, which reduces reporting errors. Others run compliance like a filing cabinet. We run it like software. This allows reports from a data source to be exported into the required authority format without creating parallel Excel lists and without inconsistencies being noticed in the audit. Quarterly synchronization between the representatives also reduces the risk that official requirements from one department reach the other departments unexpectedly. A common substance catalogue with WGK, GHS classification, storage class and AwSV assessment forms the foundation of this integrated work. The platform automatically synchronizes updates and significantly reduces the risks of changing suppliers.

The market prices for an external water protection officer vary depending on the size of the system and industry risk. For a small indirect discharger with wastewater production of just over 750 m³/day and a simple system structure, the annual costs are between 5,400 and 8,400 euros. Medium-sized production with its own sewage treatment plant and tank farm comes to 9,000 to 14,000 euros. Larger industrial sites with several systems and accident relevance range between 16,000 and 32,000 euros per year.

Three contract models are common. Firstly, the hourly quota with, for example, 80 hours per year and hourly billing for additional work. Secondly, the flat-rate contract with a defined catalogue of services, fixed inspection dates and an annual report. Third, hybrid models with a basic flat rate plus event-related hours. Flat-rate contracts make sense for locations with even loads, hourly quotas are suitable for project phases or renovations.

Watch out for hidden items: directions, reports for authorities, audit support, training materials, facility inspections and participation in approval processes. Some providers charge additional fees for workshops, others include training courses in the hourly quota. The CIVAC platform offers external ordering in the officer-as-a-service model with a clear hourly schedule or as a workspace licence for internal representatives. Licence the workspace for your internal representatives or have our representatives order it. Both paths lead to the same audit-proof documentation. The CIVAC SLA is two working days instead of the industry standard two to six weeks for the initial order, which significantly shortens the start-up phase and promptly reduces the personal liability of the management. The auditor calls, the evidence is ready. The hourly scale is calculated transparently and contains clear definitions for routine, occasions and audit support.

The choice between internal and external ordering depends on four factors. First, the expertise. Section 64 (3) WHG requires relevant qualifications; Houses without engineering expertise in water and systems law only build up the function internally in the long term. Second, time. An external order can be placed within two working days; internal personnel development takes six to twelve months. Third, representation. An internal function is canceled due to illness or vacation; an external service provider provides representation rules contractually.

Fourth, the costs. An internal full-time position, including workplace, training and social security contributions, costs 75,000 to 110,000 euros per year; an external order in most medium-sized businesses for less than 18,000 euros. The difference is significant, but is smaller when the system is more complex, because internal presence then becomes operationally advantageous.

A hybrid solution combines both worlds. An internal factory engineer takes over the operational routine, an external water protection officer is responsible for the formal appointment, the reporting obligation and the reporting line to management. This constellation has proven particularly useful in breweries and food companies because it combines the depth of system knowledge with formal audit security. CIVAC offers both ways on one platform. Licence the workspace for your internal representatives or have our representatives order it. The platform secures reporting obligations with the same audit-proof templates regardless of the path chosen. In this way, the function can be introduced without a big bang and gradually developed from purely external to hybrid or purely internal without interrupting the audit trail. Management can adjust the path at any time, depending on the personnel situation, location expansion or regulatory tightening.

A clean handover determines whether the function will be operational within three months. Day 1 to 14: Sign the appointment certificate, define the reporting line, report to the responsible water authority, access to approval notices, self-inspection reports and system documentation, inspection of the water-polluting systems, recording of the existing protective devices and an initial comparison with the current WGK cadastre. In this phase, an inspection together with the plant manager and the occupational safety specialist is recommended.

Day 15 to 45: Compare the plant register in accordance with Section 43 AwSV, identify gaps, check the indirect discharge notice, check the state's own control regulation for completeness, update safety data sheets and WGK classifications, close open defects from the last official inspection or set deadlines. At the same time, the first instructions for the operating personnel begin, with participation protocols and versioning.

Day 46 to 90: Finalize the annual work plan, draft the first quarterly report, involvement in the occupational health and safety committee in accordance with Section 11 ASiG, preparation of the next official inspection, publish the training plan, review the emergency plan in accordance with Section 24 AwSV. The most common mistake in this phase is the lack of documentation of the handover itself. If the previous representative leaves without a handover protocol, there will be no later justification for protective measures or approval decisions. This is vulnerable in the audit. Audit-proof, documented, § 64 WHG-proof. CIVAC provides an onboarding template that generates the minimum evidence in the first 90 days and stores it in an audit-proof manner, including a notification letter to the water authority and a preconfigured reporting line to management. This means that the function remains operational even if there is a later change in personnel and the first annual report is created from a reliable data basis. The handover itself is documented, with the date, the people involved and a target/actual comparison of the obligations, which makes later defence in the audit easier.

The supervision by the water authorities of the federal states is structured differently, but follows recurring patterns. Depending on the federal state, routine plant inspections take place every two to five years. Event-related inspections occur after events such as leaks, complaints from third parties or anomalies in the self-inspection reports. The water protection officer is present during inspections and is required to provide information.

Written statements are required for approval procedures according to BImSchG, for significant system changes according to § 7 AwSV and for notices of defects according to § 100 WHG. The typical deadline is ten to twenty business days; shorter in urgent cases. Anyone who misses the deadlines risks orders with immediate execution or fines according to Section 103 WHG of up to 50,000 euros per violation. In the event of a repeat offense, Section 130 OWiG applies with personal liability for the management.

The fine practice varies from region to region. In stricter federal states, formal deficiencies (missing annual report, non-updated asset register) are also punished with five-figure fines. The line of defence in fine proceedings is based on documentation. Anyone who keeps appointment certificates, reporting lines, annual reports, training certificates and inspection protocols in an audit-proof manner can classify defects as individual cases instead of as systemic failures. The auditor calls, the evidence is ready. The CIVAC platform secures this documentation chain with 93 controls according to ISO/IEC 27001:2022 and enables all evidence to be submitted within hours instead of weeks. This means that the management's supervisory obligation in accordance with Section 130 OWiG can be verifiably fulfilled and the line of defence in the fine proceedings remains robust. Audit-proof, documented, § 64 WHG-proof. Quarterly preparation for possible inspections reduces the stress level during the actual official appointment and ensures structured answers without an improvised search. The platform bundles open defects, deadlines and follow-ups in a dashboard that is also accessible to the board.

If you are looking for a water protection officer for one or more facilities, consider two paths. Firstly, you licence the CIVAC workspace for your internal representatives and use the 490 audit templates, the appointment certificate, the notification to the water authority, the asset register according to Section 43 AwSV and the reporting line. Secondly, you hand over the function completely to CIVAC in the Officer-as-a-Service model with expert representatives in accordance with Section 64 Paragraph 3 WHG and DWA certification.

CIVAC's compliance platform and Officer-as-a-Service solution bundles 25 officer roles, 93 controls according to ISO/IEC 27001:2022 and EU data residency in one Workspace. The SLA for the first order is two business days, compared to two to six weeks in the market. This means that the function is ready to work on time, before the next official inspection is due or the next significant system change requires approval.

Turn reading into a mandate. A short inquiry to info@civac.de with a system list, waste water quantity, industry code and WGK substance spectrum is enough to receive a specific offer. Alternatively, you can reach the team using the contact form on civac.de. Within two working days you will receive a draft appointment certificate, an annual work plan, a notification to the responsible water authority and a proposal for the reporting line. The appointment certificate, signed, filed, verifiable. If desired, we can start with a pilot location and then roll out the function across the group. This creates an audit-proof reporting basis without a big bang, which is updated annually and meets all official requirements in Bavaria, North Rhine-Westphalia, Baden-Württemberg and the other countries. The transition from the pilot location to full expansion takes three to six months, depending on the number of locations.