CONTENTS. More Far-reaching Requirements General Provisions on Operation and Action - Obligation to Notify

Transcription

1 1 Standard Ordinance on Facilities for Handling Substances Hazardous to Water and on Specialist Firms of the Länder Working Group on Water (LAWA) of 8/9 November 1990, as last amended by the decision of the 116 th LAWA meeting, held in Güstrow on 22/23 March 2001 (Muster VAwS)

2 2 CONTENTS Article 1 Article 2 Article 3 Article 4 Article 5 Article 6 Article 7 Article 8 Article 9 Article 10 Article 11 Article 12 Article 13 Article 14 Article 15 Article 16 Article 17 Article 18 Article 19 Article 20 Article 21 Article 22 Article 23 Article 24 Article 25 Article 26 Article 27 Article 28 Article 29 Scope of Application Definitions Basic Requirements Requirements for Certain Types of Facilities Generally Acknowledged Rules of Technology Risk Potential More Far-reaching Requirements General Provisions on Operation and Action - Obligation to Notify Repealed Facilities in Protected Areas Register of Facilities Pipelines Facilities of Simple or Conventional Design for Storing, Filling and Transhipment of Liquid Substances Facilities of Simple or Conventional Design for Storing, Filling and Transhipment of Solid Substances Repealed Requirements for Suitability Tests and Construction Type Approval Repealed Repealed Application of the Ordinance on Flammable Liquids Filling Waste Water Facilities Used as Retention Devices Experts Checks of Facilities Exemptions from the Obligation to Engage Specialist Firms Technical Supervisory Organisation Proof of Prerequisites for the Status as Specialist Firm Administrative Offences Existing Facilities Entry into Force

3 3 Article 1 Scope of Application This Ordinance shall apply to facilities designed for handling substances hazardous to water pursuant to Article 19 g (1) and (2) of the Federal Water Act (Wasserhaushaltsgesetz - WHG). Article 2 Definitions (1) Facilities shall mean independent and stationary units or units used as stationary units. Interdependent units which are linked operationally shall be deemed to form one unit. (2) Substances shall be deemed to be gaseous if their critical temperature lies below 50 C or if they have a vapour pressure of over 3 bar at 50 C. Solid substances shall mean any substances which are deemed to be solid or ointment-like according to the procedure for delimiting combustible liquids from combustible solid substances as provided by No.003 of the Technical Instructions for Combustible Liquids (Technische Regeln für brennbare Flüssigkeiten). Substances shall be deemed to be liquid if they are not gaseous pursuant to the first sentence of this paragraph nor solid pursuant to the second sentence of this paragraph. (3) Facilities or parts of facilities which are fully or partly embedded in the soil or fully embedded in any components that are in direct contact with the soil shall be deemed to be underground. All other facilities or parts of facilities shall be deemed to be above-ground. (4) Storing shall mean keeping substances hazardous to water for the purpose of using them further, submitting them to third parties or disposing of them. Filling shall mean the filling of containers or packaging units with substances hazardous to water. Transhipment shall mean the loading and unloading of ships as well as the reloading from one mode of transport to another of substances hazardous to water which are held in containers or other packaging units.

4 4 (5) Manufacture shall mean production, extraction or generation of any substances hazardous to water. Treatment shall mean causing an effect on substances hazardous to water in order to modify their properties. Use shall mean application, utilisation and consumption of substances hazardous to water by exploiting their properties. When substances hazardous to water are manufactured, treated or used, they shall be deemed to be in use in an operating process. (6) Any container in which activities for the purpose of manufacture, treatment or use are carried out shall be deemed to be part of a facility for manufacture, treatment or use of substances hazardous to water. Likewise, any other container which is in a close functional relationship with any facilities for such manufacture, treatment and use shall be deemed to be an integral part of these facilities for manufacture, treatment or use. However, such containers shall be deemed to form part of a storing facility if they are assigned to several facilities for manufacture, treatment or use or if they may contain a larger quantity of substances than is required for the production quantity of a day or for a batch. Such assignment shall also remain valid in the event of interruptions of operational activities. (7) Pipelines shall mean any fixed or flexible piping networks for transporting substances hazardous to water. (8) Storing facilities shall also mean plots of land, including their installations, which are used for the purpose of storing substances hazardous to water in transport containers or other packaging units. If a plot of land is regularly used for keeping any substances hazardous to water, this shall not be deemed to constitute provisional storage in transport containers or short-term provision or keeping in connection with transport. Filling facilities shall be deemed to include plots of land, including their installations, on which any substances hazardous to water are filled from one transport container into another. Transhipment facilities shall also include plots of land, including their installations, on which any substances hazardous to water are reloaded from one mode of transport to another in containers or other packaging units. (9) Closure shall mean the taking out of operation of a facility; this shall not include plant interruptions carried out in accordance with relevant procedures.

5 5 (10) Erection and installation shall mean the construction or insertion of pre-fabricated facilities and parts of facilities. Maintenance shall mean keeping a facility in proper condition; putting into operation shall mean restoring the due condition of a facility. Cleaning shall mean removal of any impurities and residual substances of and from facilities. (11) Protected areas shall mean 1. water protection areas pursuant to Article 19 (1) Nos. 1 and 2 of the Federal Water Act. Where the wider zone is sub-divided; only the inner area shall be deemed to be a water protection area; 2. mineral spring protection areas pursuant to (Land legislation); 3. any plots of land for which a provisional order pursuant to (Land legislation) or a ban on modifications in order to safeguard plans for water extraction pursuant to Article 36 a (1) of the Federal Water Act has been decreed. (12) An instance of failure of proper operation of a facility shall be deemed to constitute a breakdown of the facility if any substances hazardous to water may escape from parts of the facility. (13) Heating oil facilities shall mean installations designed for heating residential, business and other working rooms, with an annual consumption not exceeding 100 m³ and a tank that is at the most filled four times a year. Heating oil facilities shall include facilities for the use of heating oil if they are comparable in terms of quantity and intervals of filling. Heating oil facilities shall be deemed to include emergency power plants. Article 3 Basic Requirements Insofar as the subsequent provisions do not contain any other requirements, the following requirements, shall apply to all facilities governed by this Ordinance:

6 6 1. Facilities shall be designed and operated in such a way as to prevent the escape of any substances hazardous to water. They shall be leakproof, stable and sufficiently resistant to the mechanical, thermal and chemical influences to be expected. Single-walled underground containers shall not be permitted. The third sentence of this paragraph shall not apply to solids. 2. Leaks from any part of a facility which has contact with any substances hazardous to water must be recognisable in a quick and reliable way. 3. Any leaking substances hazardous to water must be recognised, retained and recycled or disposed of properly and without causing any damage. As a rule, the facilities shall be equipped with a leakproof and stable retention room as far as they are not double-walled and equipped with leak detectors. 4. Substances which occur in cases of damage and which are polluted with escaped substances hazardous to water shall be retained and recycled or disposed of properly and without causing any damage. 5. As a matter of principle, retention rooms shall not have any outlets. 6. Operating instructions including a monitoring, maintenance and alarm plan shall be established and observed. Such operating instructions shall not be required for facilities of risk level A and for heating oil facilities. In the case of heating oil facilities, operators shall permanently place the official information sheets Operating Instructions and Code of Practice for Handling Substances Hazardous to Water at a readily visible point near the facility. In the case of sites registered in accordance with Regulation (EEC) No. 1836/93, these operating instructions can be replaced by documentation generated during an eco-audit. Article 4 Requirements for Certain Types of Facilities The requirements for certain types of facilities are contained in the Appendix.

7 7 (2) Insofar as requirements pursuant to paragraph 1 above have not been defined, [the competent authority responsible under Land legislation] may issue for certain types of facilities subject to procedures under public law administrative provisions which specify in more detail the requirements to be set for these facilities. These provisions shall include stipulations concerning - general protection measures - special protection measures - monitoring measures - measures to be taken in the event of damage.

8 8 Article 5 Generally Acknowledged Rules of Technology (ad Article 19 g (3) of the Federal Water Act) Generally acknowledged rules of technology pursuant to Article 19 g (3) of the Federal Water Act shall be deemed to include in particular the technical instructions and building regulations introduced by public promulgation (by the highest Land authority responsible for enforcement of water or building law); when publicly promulgating the technical instructions and building regulations, an exact rendition of their content may be replaced by reference to the source of that information. Generally acknowledged rules of technology shall be deemed to include any equivalent building regulation and technical instruction of other member states of the European Community. Article 6 Risk Potential (1) The requirements for facilities handling substances hazardous to water, in particular requirements concerning the configuration, design, safety arrangements and monitoring of such facilities, shall be graduated according to their risk potential. (2) The risk potential shall be deemed to depend in particular on the volume of the facility and the hazard posed by the substances hazardous to water which are present in the facility as well as on the hydrogeological character and the protection requirement of the site. (3) The volume of the facility and the hazard are taken into account by the risk levels contained in the following table; gaseous substances shall be calculated on the basis of their mass. In the case of facilities for which the water risk class (WRC) has not been exactly determined, the risk level shall be defined according to WRC 3.

9 9 Determination of risk levels Volume given in m³ or mass given in t < 0.1 level A level A level A > 1 < 1.0 level A level A level Β > 1 < 10 level A level B level C > 10 < 100 level A level C level D > 100 < 1000 level B level D level D > 1000 level C level D level D Article 7 More Far-reaching Requirements The competent authority may establish requirements for facilities pursuant to Article 19 g (1) and (2) of the Federal Water Act which go beyond the requirements laid down in the generally acknowledged rules of technology pursuant to Article 19 g (3) of the Federal Water Act, in this Ordinance, in a construction type approval or in any other provision replacing the suitability determination pursuant to Article 19 h (3) of the Federal Water Act if the requirements of Article 19 g (1) or (2) of the Federal Water Act would otherwise not be met on account of the particular conditions of the individual case. Article 8 General Provisions on Operation and Action - Obligation to Notify (1) Anyone who operates a facility shall close that facility without delay in the event of damage and breakdowns if a risk for or damage to a water body cannot be prevented or avoided in any other way; where necessary, the facility shall be emptied. (2) Anyone who operates, fills or empties, maintains, repairs, cleans, monitors or checks a facility shall immediately notify the competent authority or the nearest police station of any leakage of a substance hazardous to water in a significant quantity if the substance has

10 10 penetrated a surface water, a waste water treatment plant or the soil or if pollution or risk of a water body cannot be ruled out. This obligation shall also apply where it is suspected that any substances hazardous to water have already leaked from a facility and have already led to such a risk (3) Anyone who has caused leakage of any substances hazardous to water from a facility shall also be subject to the obligation to notify. [Repealed] Article 9 Article 10 Facilities in Protected Areas (1) Facilities pursuant to Article 19 g (1) and (2) of the Federal Water Act shall not be admissible in the officially protected zones for water supplies and in the officially protected zones for subsoil water. For site-based above-ground facilities the [competent authority responsible under Land legislation] may permit exceptions if overriding reasons of public welfare so require. (2) Above-ground facilities of risk level D, underground facilities of risk levels C and D pursuant to Article 6 (3) shall not be admissible in the wider zone of protected areas. (3) Notwithstanding paragraph 2 above, facilities may be used in the wider zone of protected areas only if they are equipped with a retention room, unless they are double-walled and fitted with a leak detector. The retention room must be large enough to take the maximum volume of substances hazardous to water which may be present in the facility. (4) Any more far-reaching requirements or restrictions and -exceptions by means of orders or ordinances pursuant to Article 19 of the Federal Water Act (Land legislation), shall remain unaffected.

11 11 Article 11 Register of Facilities (1) In the case of several facilities which combined represent a significant risk, the [competent authority responsible under Land legislation] may require a register of facilities to be compiled and updated. (2) The register of facilities shall as a minimum include the following information: 1. A description of the facilities, their most important characteristics as well as of the substances hazardous to water according to their type and volume which may be present in the facility when it is properly operated; 2. A description of the sources of hazard to the facilities with relevance for water protection and of the arrangements and measures for the prevention of water damage in the event of a breakdown at the facilities. Article 12 Pipelines (1) Underground pipelines shall only be admissible if they cannot be placed above-ground for safety reasons. (2) In the case of permitted underground pipelines, removable junctions and fittings shall be placed in leakproof and monitored control shafts. With regard to their technical design, these pipelines shall have to meet one of the following requirements: - they have to be double-walled; any leaks in the pipeline walls must be indicated automatically by a type-approved leak detector; - they have to be designed as suction lines in which the liquid column is intercepted as soon as any leaks occur;

12 12 - they have to be provided with a protection tube or embedded in a control shaft; any leaking substances shall become visible in an control device; in such a case, the pipelines shall not carry any inflammable substances pursuant to the Ordinance on Flammable Liquids (Verordnung über brennbare Flüssigkeiten) with an inflammation point up to 55 C. If, for safety reasons, none of these requirements can be fulfilled, only an equivalent technical design may be used. (3) Above-ground pipelines shall conform to the requirements set out in the Appendix. The requirements pursuant to the first sentence of this paragraph with regard to the stabilisation and sealing of soils and the retention capacity for any leaking substances hazardous to water can be replaced on the basis of a risk assessment by requirements for infrastructural measures of organisational or technical nature, if it is guaranteed that an equivalent level of safety will be achieved. Article 13 Facilities of Simple or Conventional Design for Storing, Filling and Transhipment of Liquid Substances (ad Article 19 h (1) second sentence No. 1 of the Federal Water Act) (1) Facilities for storing, filling and transhipping liquid substances shall be deemed to be simple or conventional if they correspond to risk level A pursuant to Article 6 (3). (2) Other facilities for storing liquid substances shall be deemed to be simple or conventional 1. with regard to their technical design if a) the storing containers are double-walled and if any leaks of the container walls are indicated automatically by means of a leak detector or if b) the storing containers are single-walled and above-ground containers placed in leak-proof retention rooms of such a size as to allow the full volume of the container

13 13 to be retained; if the retention room serves several aboveground containers, only the volume of the largest container shall be relevant for sizing; however, as a minimum, 10 per cent of the facility's overall volume must be able to be retained; communicating containers shall be deemed to be one container; and 2. with regard to their individual components, if these comply with the technical instructions and building regulations which have been introduced for assessing the characteristic "simple or conventional". (3) Facilities for storing, filling and transhipping gaseous substances shall be deemed to be simple or conventional. Article 14 Facilities of Simple or Conventional Design for Storing, Filling and Transhipment of Solid Substances (ad Article 19 h (1) second sentence No. 1 of the Federal Water Act) (1) Facilities for storing, filling and transhipping liquid substances shall be deemed to be simple or conventional if they correspond to risk level A pursuant to Article 6 (3). (2) Facilities for storing, filling and transhipping solid substances hazardous to water shall be deemed to be simple or conventional if they have a floor space which is resistant and impermeable under any operating and weather conditions and if the substances are stored, filled or transhipped in 1. containers or packaging units which are tightly sealed, protected from damage and resistant to any influences by the weather or the stored goods; or 2. in closed storing rooms. Any covered storing sites which are protected from weather influences by means of roofs or lateral enclosures in such a way as to prevent the stored substances from escaping shall be deemed to be equivalent to closed storing rooms.

14 14 Article 15 [Repealed] Article 16 Requirements for Suitability Tests and Construction Type Approvals (ad Article 19 h (1) first and second sentences of the Federal Water Act) Suitability may only be established and the construction type may only be approved if at least the basic requirements of Article 3 are met or if it is proved that equivalent safety standards are reached. Article 17 Suitability Test and Other Official Decisions Except for obtaining a licence (Genehmigung) or permit (Erlaubnis) pursuant to provisions under building or industrial law regulations, a suitability test pursuant to Article 19 h (1) first sentence of the Federal Water Act shall not be required. The licence or permit may only be granted in agreement with the competent authority responsible for the suitability test. Article 18 [Repealed] Article 19 [Repealed]

15 15 Article 20 Filling (1) Containers in facilities for storing and filling liquid substances hazardous to water may only be filled by using fixed pipe connections and an overfill safeguard which automatically interrupts the filling process, or sets off an acoustic warning signal before the permissible liquid level is reached. This shall not apply to individually used above-ground containers with a maximum volume of if they are filled by an automatically closing nozzle device. The same shall apply to filling demountable tanks in filling facilities. (2) Containers at facilities for storing extra-light heating oil, diesel fuel and petrol may only be filled from road tankers and movable filling tanks by using automatically closing filling safeguards. (3) Notwithstanding paragraph 1 first sentence above, the (highest Land authority responsible for enforcement of water law) may decide that fixed pipe connections and overflow safeguards are not necessary if it is ensured that the possibility of overflow is ruled out in another way. (4) Any dripping liquids shall be collected. Article 21 Waste Water Facilities Used as Retention Devices (1) If the basic requirements pursuant to Article 3 Nos. 3 to 5 are not fulfilled, the facilities shall nevertheless be deemed to comply with the precautionary principle pursuant to Article 19 g (1) of the Federal Water Act 1. if the substances hazardous to water which unavoidably leak from the facility in cases of leakage or breakdowns are retained in a retention device in the company's

16 16 sewage system, from where they can be disposed of without causing damage; 2. if the substances hazardous to water which unavoidably and in insignificant quantities flow into the company's sewage system even during uninterrupted operation are channelled into an appropriate company waste water treatment facility, without exceeding the limits for waste water discharges or indirect discharges pursuant to Articles 7 a of the Federal Water Act or the requirements laid down in the decision under water law. (2) The extent to which substances hazardous to water may be collected, checked and discharged separately shall be laid down in the operating instructions pursuant to Article 3 No. 6 on the basis of an assessment of the facility, possible breakdowns, the accumulation of substances hazardous to water and of water pollution levels. Article 22 Experts (ad Article 19 i (2) third sentence of the Federal Water Act) (1) Experts pursuant to Article 19 i (2) third sentence of the Federal Water Act shall be deemed to be those persons who are commissioned by organisations for performing checks. These organisations shall be organisations recognised by the [competent authority responsible under Land legislation]. However, they have no legal claim to recognition. (2) Any recognition obtained from other Länder of the Federal Republic of Germany shall also apply in [the respective Federal Land]. The same shall apply mutatis mutandis to any equivalent recognitions of other member states of the European Community. (3) Organisations may be recognised if they 1. prove that the persons commissioned by them for performing the checks - warrant due to their training, knowledge and experience gained through practice that they will properly perform the checks; - are reliable;

17 17 - are independent with regard to their checking activities and, in particular, that there is no interrelation between their checking activities and any other services; 2. lay down principles to be observed when carrying out the checks; 3. carry out spot checks on the proper performance of the checks; 4. collect and evaluate the results of the checks and report to the experts within the framework of a regular exchange of experience; 5. prove that the activities of their experts on damage caused by water are covered by a liability insurance policy to the minimum amount of 5 million deutschmarks; 6. declare that they exempt [the Länder in which the experts perform their checks] from any liability for the activities of their experts. The requirements pursuant to Nos. 5 and 6 shall not apply to organisations of direct state administration. (4) The definition of the term organisations pursuant to paragraph 3 above shall include groups which are combined in independent organisational units of a company and which are not bound by instructions with regard to their checking activities. (5) The experts shall keep a diary of the checks performed which provides information on the type, extent and time used for each check. This diary shall be submitted to the [competent authority responsible under Land legislation]. (6) Recognition may be limited to certain checking areas and to a certain period of time. Article 23 Checks of Facilities (ad Article 19 i (2) third sentence of the Federal Water Act) (1) Pursuant to Article 19 i (2) third sentence Nos. 1,2,3 and 5 of the Federal Water Act, the operator shall arrange for experts pursuant to Article 22 to check 1. underground facilities and parts of such facilities for liquid and gaseous substances;

18 18 2. above-ground facilities for liquid and gaseous substances with a risk potential of levels C and D pursuant to Article 6 (3) which are situated in protected areas of levels B, C and D; 3. facilities for which a suitability test or construction type approval pursuant to Article 19 h (1) first or second sentence of the Federal Water Act or any provision replacing them are required; if these documents provide for shorter checking deadlines, these shorter deadlines shall apply. Pursuant to Article 19 i (2) third sentence No. 1 of the Federal Water Act the operator shall also arrange for experts pursuant to Article 22 to check 1. above-ground facilities for liquid and gaseous substances with a risk potential of risk level B; 2. facilities for solid substances of risk level B, in protected areas of risk levels C and D. The deadlines for recurring checks start with conclusion of the checks before commissioning of the facility. (2) On the grounds that a hazard to water is feared (Article 19 i (2) third sentence No. 4 of the Federal Water Act), the [competent authority responsible under Land legislation] may Order special checks, define shorter checking deadlines or require checks for facilities other than those referred to in paragraph 1 above. In the individual case, it may exempt facilities pursuant to paragraph 1 above from the Obligation to be checked if it is guaranteed that any hazard to a water body emanating from the facility can be recognised as early as would be the case if the facility was subject to the general checking obligation. (3) The requirement to carry out checks pursuant to paragraph 1 above shall not apply to facilities designed to explore, develop or test new materials, fuels, products or processes on a laboratory scale. The checks pursuant to paragraphs 1 and 2 above are dropped as far as the facility has to be checked at the same time or within the same or shorter periods of time pursuant to other legal provisions and when these checks observe the requirements of this Ordinance and of Article 19 g of the Federal Water Act.

19 19 The requirement to carry out checks pursuant to paragraph 1 above shall also not apply to facilities checked within an environmental audit carried out at a registered site in accordance with Council Regulation (EEC) No. 1836/93 if they 1. undergo a process of internal supervision equivalent to the requirements of Article 19 i of the Federal Water Act as well as of Articles 22 and 23 of this Ordinance, in particular with regard to supervision intervals, technical suitability and reliability of the persons carrying out the checks, scope of the checks, evaluation of results and correction of any deficiencies and if 2. it is documented in the records of the eco-audit procedure that the conditions pursuant to No. 1 have been met. In this case, it shall be sufficient for the operator to submit a copy of an annual report detailing the relevant checks and results. (4) Prior to the check, the operator shall present to the expert the official decisions with regard to the facility and the certifications issued by the manufacturer. The expert shall immediately present to the [competent authority responsible under Land legislation] and to the operator a report on each check. Use of an official form may be prescribed. Article 24 Exemptions from the Obligation to Engage Specialist Firms (ad Article 19 1 (1) second sentence of the Federal Water Act) Activities which need not be performed by specialist firms include: 1. all activities pursuant to Article 19 1 of the Federal Water Act carried out at - facilities for handling solid and gaseous substances hazardous to water, - facilities for handling food and luxury food and drink, - facilities for handling liquids hazardous to water of risk levels A and B pursuant to Article 6 (3),

20 20 - firing installations. 2. Activities carried out at facilities or parts of facilities pursuant to Article 19 g (1) and (2) of the Federal Water Act which are of no direct relevance for the safety of the facilities for handling substances hazardous to water. These activities include in particular the following: - providing constructional arrangements for installing facilities, rough assemblies and pre-assemblies of facilities and parts of facilities; - providing rooms or earth embankments for their subsequent use as retentions rooms; - applying insulations, paints and coatings as far as these are not safety arrangements; - fitting, erecting, maintaining and repairing electric installations, including measurement and control devices. 3. Repair, maintenance and cleaning of facilities and parts of facilities for handling substances hazardous to water during the manufacture, treatment and application procedure if these activities are performed by trained company staff according to operating instructions fulfilling the requirements of water protection. 4. Activities which are specified and described in a construction type approval under water law, in a test mark under building law or an occupational safety permit or in a suitability test. Article 25 Technical Supervisory Organisation (ad Article 19 l (2) No. 2 of the Federal Water Act) The technical supervisory organisations pursuant to Article 19 1 (2) No. 2 of the Federal Water Act shall be the organisations recognised pursuant to Article 22 for their respective areas.

21 21 Article 26 Proof of Prerequisites for the Status as Specialist Firm (ad Article 19 i (1) and Article 19 l of the Federal Water Act) (1) Upon request, specialist firms pursuant to Article 19 1 of the Federal Water Act shall furnish proof of prerequisites for the status as a specialist firm pursuant to Article 19 1 (2) of the Federal Water Act vis-à-vis the [competent authority responsible under Land legislation] in the district of which they engage in activities. The proof shall be deemed to be furnished if the specialist firm 1. submits a certification from a supervisory organisation or quality association acknowledged under building law which entitles it to use the quality seal of this organisation/association for the performance of certain activities or 2. submits a certification from a technical supervisory association on the conclusion of a supervisory contract. (2) The prerequisites for the status as a specialist firm shall also be proved vis-à-vis the operator of a facility pursuant to Article 19 g (1) and (2) if the operator commissions the specialist firm with activities which may only be performed by specialist firms. Paragraph 1 second sentence above shall apply mutatis mutandis. Article 27 Administrative Offences Anyone who intentionally or negligently, 1. and in contravention of Article 8 (1), fails to immediately shut down or empty a facility in the event of damage or breakdown, 2. and in contravention of Article 8 (2) or (3), fails to immediately notify leakage or the suspected leakage of substances hazardous to water,

22 22 3. [Repealed] 4. installs, erects or uses a facility in a protection area which fails to fulfil the requirements of Article 10 (1) to (3), 5. and in contravention of Article 11 (1) first sentence, fails to keep a register of facilities or fails to continue it, 6. fills containers or has them filled without fixed pipe connections or without an overfill safeguard in contravention of Article 20 (1) first sentence, or without an automatically closing filling safeguard, in contravention of Article 20 (2), 7. performs checks pursuant to Article 23 without being commissioned to do so by an organisation recognised pursuant to Article 22, 8. and as an operator, fails to have facilities checked or checked in due time in contravention of Article 23 (1) or (2), shall be deemed to have committed an administrative offence pursuant to Article of the Water Act (WG). Article 28 Existing Facilities (1) Facilities which were already installed or erected at the time of entry into force of this Ordinance (existing facilities) shall fulfil the requirements of Article 3 No. 6 and Article 20 within two years of entry into force of this Ordinance unless such requirements were already in place under present legal provisions. (2) Where this Ordinance establishes any new or more stringent requirements other than those referred to in paragraph 1 above, these shall apply to existing facilities only after an order to that effect has been issued by the [competent authority responsible under Land

23 23 legislation]. However, this Ordinance shall not be interpreted as justifying the shutdown or demolition of any lawfully existing facilities or facilities already under construction. (3) Facilities which are deemed to be simple or conventional pursuant to the (so far applicable ordinance on facilities) shall continue not to require a suitability test. (4) The operator shall arrange for checks to be carried out on existing facilities due for an initial check pursuant to Article 23 no later than [two years after expiry of the deadline referred to in Article 29]. This check shall be deemed to have taken place before commissioning pursuant to Article 23 (1) third sentence. The first sentence of this paragraph shall not apply if an official approval provides for an exemption from the obligation to have a facility checked or sets another deadline for a first check. (5) If the classification of any substances hazardous to water is changed as a result or on grounds of the administrative provision pursuant to Article 19 g (5) of the Federal Water Act, paragraphs 1 to 4 above shall apply mutatis mutandis to those facilities which had been installed or erected at the time such change took effect. In the case of facilities for handling any substances marked with footnote 14 in Annex 2 of the General Administrative Provision Pertaining to the Federal Water Act on the Classification of Substances Hazardous to Water in Water Risk Classes (Verwaltungsvorschrift wassergefährdende Stoffe VwVwS) of 17 May 1999 (Federal Gazette No. 98 a of 29 May 1999), such change in classification shall not make necessary any adaptation measures. Article 29 Entry into Force (1) This Ordinance shall enter into force on Simultaneously, the [previous ordinance on facilities] shall cease to be in force. (2) By way of derogation from paragraph 1 first sentence above, recognition pursuant to Article 22 shall only be required as from...[two years after entry into force pursuant to paragraph 1 first sentence above]; until this point of time, Article 11 of the [previous ordinance on facilities] shall apply.