Water Protection Officer
Water-hazard inventory per AwSV, tank and separator inspections, leakage response, annual report. Required for facilities handling water-hazardous substances above thresholds.
§ 64 WHG · AwSV
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What is a water protection officer?
The water protection officer (Gewässerschutzbeauftragter) is the statutory function under § 64 WHG (Federal Water Act) for internal supervision of wastewater discharge and handling of water-hazardous substances. It works together with the Federal Ordinance on Installations Handling Water-Hazardous Substances (AwSV) of 18 April 2017, which replaced the former state ordinances and applies uniformly since 1 August 2017. § 64 paragraph 1 WHG obliges anyone permitted to discharge more than 750 cubic metres of wastewater per day to appoint one or more water protection officers without delay. For dischargers below that figure, for indirect dischargers into wastewater plants, for operators of installations under § 62 paragraph 1 WHG and for pipeline operators, the duty arises only where the competent authority orders it under § 64 paragraph 2 WHG. Indirect dischargers with sector duties under the Wastewater Ordinance (AbwV) sit in that second group.
Water-hazardous substances are classified under § 3 paragraph 1 AwSV into WGK 1 (slightly), WGK 2 (clearly) and WGK 3 (severely water-hazardous), while farm manure, slurry, silage liquor and floating liquids count as generally water-hazardous under § 3 paragraph 2, with the rules in Annex 1 AwSV. The hazard tier A to D comes from elsewhere: the table in § 39 paragraph 1 AwSV, which combines volume or mass with the WGK and drives LAU and HBV duties. JGS installations for slurry, manure and silage liquor are subject, under § 13 paragraph 3 AwSV, only to § 16, § 24 paragraphs 1 and 2, § 51 and Annex 7 AwSV. In protection zones § 49 AwSV is stricter and Annex 6 AwSV shortens the intervals.
The officer advises on water rights permits under § 8 ff. WHG, files the § 40 AwSV notification at least six weeks before erection or substantial change, coordinates the inspection duties of § 46 AwSV, which only appointed experts may carry out under § 47 paragraph 1 AwSV, and files a written annual report under § 65 paragraph 2 WHG. § 66 WHG applies § 55 to § 58 BImSchG accordingly, securing support, direct access to management and dismissal protection for the officer. Failure to appoint is an administrative offence under § 103 paragraph 1 number 13 WHG with fines up to 50,000 EUR. Criminal liability under § 324 StGB (water pollution) applies with prison sentences up to five years, or up to three years for negligence.
Duties of the water protection officer
- Monitor compliance with water rights permits under §§ 8 to 12 WHG and the sector-specific Annexes of the Wastewater Ordinance (AbwV).
- Maintain the installation documentation under § 43 AwSV with location, WGK, volume, hazard tier under § 39 paragraph 1 AwSV and inspection interval.
- Notify the competent water authority at least six weeks in advance of erection, substantial change or a change of hazard tier under § 40 AwSV.
- Coordinate the recurring inspections under § 46 paragraphs 2 and 3 AwSV, which only appointed experts may carry out under § 47 paragraph 1 AwSV.
- Verify firewater retention under LoeRueRL and requirements under TRwS 779 (general technical rules for LAU installations).
- Advise on JGS installations under Annex 7 AwSV including notification duties and inspection records.
- Prepare the annual report to the water user under § 65 paragraph 2 WHG with measures, incidents, inspection results and recommendations.
- Train staff on operating instructions under § 44 AwSV and emergency procedures for leakages.
- Accompany official self-monitoring of wastewater discharge under the state SuEVO ordinances and validate measurement data.
- Verify fire-fighting equipment, containment trays, double walls and leak monitoring devices against TRwS and AwSV requirements.
When is appointment mandatory?
§ 64 paragraph 1 WHG obliges anyone permitted to discharge more than 750 cubic metres of wastewater per day to appoint one or more water protection officers without delay. The permitted volume decides, not the volume actually discharged. A second group is not caught automatically: under § 64 paragraph 2 WHG the competent authority may order an appointment for dischargers below that figure, for dischargers into wastewater plants, for operators of installations handling water-hazardous substances under § 62 paragraph 1 WHG, and for operators of pipelines under number 19.3 of Annex 1 to the UVPG. Neither the WHG nor the AwSV sets a volume threshold that triggers the appointment on its own: the volumes and masses in the AwSV determine the hazard tier under § 39 paragraph 1 AwSV, and with it the notification, inspection and specialist-contractor duties, but not the appointment.
The appointment is made in writing with a specific task catalogue. § 66 WHG applies § 55 to § 58 BImSchG accordingly, so the appointment, its scope and any removal must be notified to the lower water authority without delay. Technical competence and reliability are required through § 55 paragraph 2 sentence 1 BImSchG in that analogous application. There is no federal ordinance for water protection comparable to the 5. BImSchV, so the detailed requirements come from state administrative rules. Unlike § 1 paragraph 1 of the 5. BImSchV, the WHG does not require an officer employed by the business, so an external appointment needs no separate permission; market hourly rates run from 130 to 250 EUR. Under § 64 paragraph 3 WHG an officer already appointed under § 53 BImSchG or § 59 KrWG may take on these tasks as well.
- Water permit allowing discharge of more than 750 cubic metres of wastewater per day under § 64 paragraph 1 WHG.
- Order under § 64 paragraph 2 number 3 WHG addressed to operators of installations handling water-hazardous substances under § 62 paragraph 1 WHG.
- Order under § 64 paragraph 2 number 2 WHG addressed to indirect dischargers into wastewater plants, for example under AbwV Annexes.
- Order under § 64 paragraph 2 number 1 WHG addressed to dischargers below the 750 cubic metre figure.
- Order under § 64 paragraph 2 number 4 WHG addressed to pipeline operators under number 19.3 of Annex 1 to the UVPG.
Affected sectors
- Chemicals, pharmaceuticals and petrochemicals with tank farms and reactors
- Electroplating and surface treatment subject to AbwV Annex 40
- Food and beverage with large wastewater volumes
- Pulp, paper and textiles
- Metal processing and pickling
- Filling stations, tank farms and mineral oil distribution
- Logistics and transhipment of water-hazardous substances
- Large agricultural operations with JGS installations under Annex 7 AwSV
- Wastewater treatment plants and industrial waterworks
- Power generators with cooling water discharge and fuel storage
How CIVAC supports the water protection officer
CIVAC maintains a digital installation register under § 43 AwSV with WGK, volume, hazard tier and next inspection date. The sampling and self-monitoring calendar for wastewater discharge is linked to the AbwV Annexes; measurements from in-house laboratories are imported and benchmarked against the permit. Expert inspections under § 46 AwSV are escalated with lead time, inspection reports are archived in version-controlled PDFs, defects are dispatched with SLAs to plant managers and maintenance. AwSV notifications under § 40 are scheduled automatically with the six-week lead time. The annual report under § 65 WHG is generated from operational data. External officers operate jointly across sites.
Frequently asked questions
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