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Notify construction, significant modification or measures involving a change in the hazard level of heating oil consumer systems in accordance with AwSV

If you want to set up a new heating oil consumer system or make significant changes to it or take measures that result in a change in the hazard level, you must notify the authorities.

You must submit your notification of the construction, significant modification or change to the hazard level of a heating oil consumer system to the competent authority in good time beforehand.

Notification is not required if

  • a suitability assessment has been applied for for this installation in accordance with the Water Resources Act or
  • the installation is the subject of an authorisation procedure under other legislation, provided that the authorisation procedure also ensures compliance with the requirements of this Ordinance. This is generally the case for authorisations in accordance with the State Building Regulations for Baden-Württemberg or the Federal Immission Control Act.

Related forms and processes

Prerequisite

The systems must fulfil the requirements of the Ordinance on Systems for Handling Substances Hazardous to Water (AwSV). This must be verified with the documents to be submitted.

Responsible department

Please ensure that you send your notification to the responsible water authority.

The respective local regional councils are responsible as higher water authorities if the notification relates to a company site on which at least one installation exists or is planned,

  • which is subject to the EU Industrial Emissions Directive (installation in Annex 1 column d of the Ordinance on Installations Subject to Authorisation, marked with the letter E),
  • which constitutes an operating area pursuant to Section 3 (5a) of the Federal Immission Control Act (hazardous incident facility) or
  • which is subject to authorisation pursuant to Section 60 (3) sentence 1 numbers 2 and 3 of the Federal Water Act.

In all other cases

in an urban district: the city administration,

in a rural district: the district administration,

as the lower water authority.

Procedure

If you want to place the advert online:

  • You submit the notification via the online service.
  • The competent authority will check your documents for completeness and request any missing information or documents.
  • The content requirements are also checked, which may also result in additional requirements.
  • The authority can temporarily or definitively prohibit the project or issue a decision with conditions.

If you wish to submit the notification by letter or e-mail:

  • You complete the forms required for the notification and send them to the competent authority.
  • The further procedural steps correspond to the online procedure.

Deadlines

Send the notification to the competent authority at least six weeks in advance.

Required documents

  • Completed notification form
  • Detailed documents describing the project (site plan, drawings, certificates, descriptions)
  • Expert opinion, if applicable

Costs

Fees are only due if the competent authority has to order additional measures. Fees are calculated on the basis of the legal ordinance and statutes of the relevant competent authority and the provisions of the Baden-Württemberg State Fees Act.

Processing time

Processing takes between 2 and 6 weeks.

Miscellaneous

If you have any questions, please contact the responsible authority.You can also consult the map service of the Baden-Württemberg State Institute for the Environment for water or medicinal spring protection areas and flood areas. You can view flood hazard maps here.

Appeal

You will receive confirmation of receipt of your notification. There is no right of appeal against the confirmation of receipt.

Legal basis

Landesbauordnung für Baden-Württemberg (LBO)

  • § 49 Genehmigungspflichtige Vorhaben

Bundes-Immissionsschutzgesetz (BImSchG)

  • §10 Genehmigungsverfahren

Verordnung über Anlagenzum Umgang mit wassergefährdenden Stoffen (AwSV)

  • § 40 Anzeigepflicht

Release note

machine generated, based on the German release by: Umweltministerium Baden-Württemberg, 07.08.2024