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Notification of facilities for handling substances hazardous to water, application for suitability determination

Service Description

If you want to set up or significantly change a facility for handling substances hazardous to water, this may require notification under water law or a suitability determination.

Process flow

  • The project sponsor must give at least six weeks' advance notice of the construction or substantial modification of a facility for handling substances hazardous to water.
  • If a facility requires a suitability determination, construction may only take place after the determination has been issued.
  • The water authority examines the documents. It may temporarily or permanently prohibit the project or issue a notice with conditions.

Competent authority

The lower water authorities at the locally responsible district office or the locally responsible independent city are responsible.

Requirements

  • The facilities must comply with the requirements of the Ordinance on Facilities for Handling Substances Hazardous to Water (AwSV). This must be proven with the documents to be submitted.
  • If the notified facilities require a suitability determination, corresponding evidence, such as an expert opinion, must be submitted.

Which documents are required?

  • completed notification form
  • detailed documents describing the project (site plan, drawings, proofs, descriptions)
  • if necessary, expert opinion

What are the fees?

The amount of the fee is determined by the Thuringian administrative cost regulations for the business area of the Ministry for the Environment, Energy and Nature Conservation. The fee amount depends on the type of plant and the associated inspection effort. The fee range extends from €60 to €2,500.

What deadlines do I have to pay attention to?

  • The developer must give at least six weeks' notice of the construction or substantial modification.
  • If an installation requires a suitability determination, construction may only take place after this has been granted.

Processing duration

  • The processing of a complaint takes on average one month.
  • If the documents are complete,
  • no other procedure such as a suitability determination or exemption in the water protection or flood area results from it, and
  • no conditions are imposed by the water authority in the form of a decision,
  • the project can be carried out after the expiry of the six-week period (fictitious approval).
  • If the project is the subject of another procedure, e.g. according to the Federal Immission Control Act, the notification according to § 40 AwSV does not apply if the project is examined within the framework of the other procedure. In this case, the six-week period does not apply.

Legal basis

Applications / forms

Opposition

Appeal

Forms/online services available: Yes

Written form required: No

Informal application possible: Yes

Personal appearance required: No

What else should I know?

Comments

  • in the case of projects connected with potash mining or the cessation of bismuth mining, the Thuringian State Office for the Environment, Mining and Nature Conservation (TLUBN) is responsible as the upper water authority.
  • If the project is the subject of another procedure, for example according to the Federal Immission Control Act, the notification according to § 40 AwSV is not required if the project is examined within the framework of the other procedure.

Author

The text was automatically translated based on the German content.

Technically approved by

Thuringian Ministry for the Environment, Energy and Nature Conservation

Professionally released on

30.12.2022

Source: Zuständigkeitsfinder Thüringen (Linie6Plus)

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