Appointed Person for Water-Protection and Waste-Water-Management
Operators of facilities that are allowed to discharge more than 750 m³ / d of wastewater into waterbodies (§ 64 WHG) have to appoint one or more water protection officers.
An order acc. Section 64 (2) of the WHG must also be carried out by order of the competent authority for dischargers of waste water into waterbodies or public waste water systems. An order must be notified to the competent authority.
If according to § 53 of the Federal Immission Control Act an immission control officer or according to § 59 of the Kreislaufwirtschaftsgesetz a waste manager is to be appointed, then this can also perform the duties and duties of a water protection officer according to WHG.
With regard to the qualification and the relationship between the water user and the water protection officer, §§ 55-58 of the Federal Immission Control Act apply accordingly. A Water Protection Officer must have the necessary expertise and reliability to fulfill the defined tasks (§ 55 BImSchG in conjunction with §§ 7,8 of the 5th BImSchV). It requires a degree in physics, chemistry or engineering and at least two years of relevant knowledge. In some cases, other qualification requirements are possible. Representatives have to take part in recognized continuing education measures at least every two years (§ 9 Abs. 5. BImSchV)
Duties according to § 65 WHG in connection with §§ 55-58 BImSchG
- Advising the accountable management and employees on issues relevant to water conservation
- Monitoring compliance with regulations, conditions and requirements
- Informing the employees about the water pollution caused in the establishment
- Regular control of the wastewater systems with regard to functionality, proper operation and maintenance
- Control measurements of the wastewater according to quantity and properties
- Encourage the development and introduction of environmentally friendly processes and production to prevent or reduce the incidence of wastewater
- Preparation of an annual report on the measures taken and intended
- Introduction of new processes and products and investments
There is currently no explicit provision in the WHG or BImSchG. There is a line position, e.g. recommended as company manager. In individual cases, the competent authority may otherwise regulate and determine the tasks of the Water Protection Officer listed in paragraphs 1 and 2 of section 64 WHG. If according to § 53 of the Federal Immission Control Act an immission control officer or according to § 59 of the Kreislaufwirtschaftsgesetzes a waste manager to order, this can also perform the duties and duties of a water protection officer according to WHG, whereby an external order, as water protection officer in a staff department in direct allocation Management, analogous to § 5 5th BImSchV with the consent of the competent authority.
QHSE Compliance Division Europe