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Expert organization for facilities handling substances hazardous to water - apply for recognition
Service Description
According to § 47 of the Ordinance on Installations for Handling Substances Hazardous to Water (AwSV), tests on installations for handling substances hazardous to water must only be carried out by experts.
In order to be able to appoint experts to inspect facilities for handling substances hazardous to water (heating oil storage tanks, filling stations, etc.), to prepare expert reports as part of suitability determinations and to certify or supervise specialized companies on behalf of your expert organization (SVO), you must apply for recognition from the competent authority of the country in which the headquarters of your organization is to be located.The Thuringian State Office for the Environment, Mining and Nature Conservation is responsible for the recognition and supervision of SVOs that have their headquarters in Thuringia.
Process flow
- You submit an informal application to the competent authority for recognition as an expert organization for facilities handling substances hazardous to water.
- You enclose the necessary documents with this application. It is advisable to contact the competent authority in good time to discuss whether further documents or specifications are required.
- If necessary, the authority will request further application documents and grant recognition after reviewing the application. The recognition may be subject to revocation, a time limit, conditions, requirements and the reservation of conditions.
Who should I contact?
The Thuringian State Office for the Environment, Mining and Nature Conservation (TLUBN) as the upper water authority is responsible for the approval as an expert organization (SVO).
Requirements
An organization can be recognized as an expert organization according to § 52 AwSV if it
- designates a natural person authorized to represent it and proves its authority to represent it to the competent authority,
- proves that a technical management and a deputy have been appointed who meet the requirements applicable to experts,
- has appointed a sufficient number of experts who meet the legal requirements and are bound by the technical management's professional instructions,
- has established principles which are to be observed during the plant inspections
- provides evidence of an operational quality assurance system,
- provides proof of the existence of liability insurance for soil and water damage for the activities of its experts with coverage of at least 2.5 million euros per claim, and
- declares that it indemnifies the countries in which the experts carry out tests from any liability for the activities of its experts.
The quality assurance system must ensure that suitable organizational structures are in place to guarantee proper plant inspections. In particular, it shall contain requirements for the control of test reports and test equipment, for the performance of individual interviews with the authorized experts as well as for the control of the inspection activities of the authorized experts at reference plants.
When examining the application for recognition, evidence of individual requirements from another member state of the European Union or another state party to the Agreement on the European Economic Area shall be deemed equivalent to domestic evidence if it is evident from it that the organization meets the relevant requirements or the requirements of the issuing state which are essentially comparable on the basis of their objectives.
The information on the requirements for recognition can be found in the LAWA leaflet on the recognition of expert organizations pursuant to Section 52 and of quality and monitoring associations pursuant to Section 57 of the Ordinance on Installations for the Handling of Substances Hazardous to Water (AwSV).
What are the fees?
The application is subject to a fee when a recognition notice is issued.
What deadlines do I have to pay attention to?
The recognition must have been granted before the start of the activity.
Processing duration
A decision on an application for recognition shall be taken within a period of four months.
Legal basis
- § 62 Water Resources Act (WHG)
- § 63 Water Resources Act (WHG)
- § 52 Ordinance on Installations for Handling Substances Hazardous to Water (AwSV)
- § 53 Ordinance on Installations for Handling Substances Hazardous to Water (AwSV)
- § 54 Ordinance on Installations for Handling Substances Hazardous to Water (AwSV)
- § 55 Ordinance on Installations for Handling Substances Hazardous to Water (AwSV)
- § 56 Ordinance on Installations for Handling Substances Hazardous to Water (AwSV)
- § 57 Ordinance on Installations for Handling Substances Hazardous to Water (AwSV)
- § 58 Ordinance on Installations for Handling Substances Hazardous to Water (AwSV)
- § 59 Ordinance on Installations for Handling Substances Hazardous to Water (AwSV)
- § 60 Ordinance on Installations for Handling Substances Hazardous to Water (AwSV)
- § 61 Ordinance on Installations for Handling Substances Hazardous to Water (AwSV)
- § 62 Ordinance on Installations for Handling Substances Hazardous to Water (AwSV)
- § 63 Ordinance on Installations for Handling Substances Hazardous to Water (AwSV)
- § 64 Ordinance on Installations for Handling Substances Hazardous to Water (AwSV)
Appeal
- Written form required: Yes
- Personal appearance required: No
What else should I know?
The recognition can be limited to certain test areas and be limited in time.
Further information can be found on the homepage of the Thuringian State Office for the Environment, Mining and Nature Conservation (TLUBN).
Author
The text was automatically translated based on the German content per DeepL.
Technically approved by
Thuringian Ministry for the Environment, Energy and Nature Conservation
Professionally released on
24.11.2021
Source: Zuständigkeitsfinder Thüringen (Linie6Plus)
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