As already announced in our last issue, the new Federal regulation on installations handling water-hazardous substances (AwSV) was published on 21st. April 2017 and will enter into force on 1st. August 2017.
So far, the handling of water-hazardous substances has been regulated in each federal state through the respective ordinance on installations for handling water-hazardous substances (VAwS). This is now to be regulated nationally through the revised AwSV – with the regulations of the individual federal states being gradually replaced. In addition, the AwSV will also include the requirements for classification of water-hazardous substances that were previously regulated in an administrative regulation (VwVwS).
Exactly what changes are to be expected for businesses depends on the state where they are located. In Baden-Württemberg, for instance, there have been no reporting requirements for VAwS-installations. By contrast, the AwSV will in future also require registration to be undertaken at the appropriate authority for construction or substantial modification of above-ground installations with liquid water-hazardous substances of hazard level B.
At least the following formal requirements should be observed as of the effective date August 1st for installations already in existence:
- Timely reporting of essential changes to installations subject to approval by the appropriate authority
- Preparation of system documentation (for all installations!)
- Depending on the installation, displaying an operating instruction (with yearly training!) or a leaflet
- Obligation to consult a specialised company for certain installations
- Taking into account any new test obligations for installations
- Elimination of any identified minor defects within 6 months; significant defects must be eliminated immediately
If the revised AwSV imposes modified requirements (materially/structurally) on companies, they only come into force after being decreed by the appropriate local authority. A legal check by Arqum can establish if the AwsV brings about changes in the requirements for your company.