Evaporative cooling systems, cooling towers and wet separators; displays and notifications

These installations must be reported to the competent authority. In addition, further notification obligations must be fulfilled.

The 42nd Ordinance on the Implementation of the Federal Immission Control Act (Ordinance on Evaporative Cooling Systems, Cooling Towers and Wet Separators - 42nd BImSchV) obliges operators of such systems to apply the state of the art during construction and operation, among other things. Systems within the scope of this ordinance must be designed, constructed and operated in such a way that contamination of the process water by microorganisms, in particular legionella, is avoided in accordance with the state of the art. According to the 42nd BImSchV, these systems must be notified. This can be done nationwide via the KaVKA register website. In Bavaria, a general decree stipulates that the notification must be made exclusively via this portal. In addition, the 42nd BImSchV contains test and action values for concentrations of legionella in process water.

Legionella are aerobic bacteria that are classified as potentially pathogenic to humans. They are widespread environmental germs that occur in small numbers in surface waters, for example. Inhaling water droplets (aerosols) containing Legionella can cause pneumonia, which can even lead to life-threatening infections under certain circumstances. Human infections occur worldwide either sporadically or as part of outbreaks. In recent years, there have also been Legionella outbreaks in Germany with fatalities, for example in 2013 in Warstein and 2010 in Ulm. In addition to contaminated drinking water, evaporative cooling systems, cooling towers and wet separators can also be sources of legionella. Under certain conditions, evaporative cooling systems, cooling towers and wet separators can release water droplets containing Legionella into the outside air. The aim of legal regulations is to inhibit the growth of legionella and reduce the emission of aerosols containing legionella from these systems.

Among other things, the ordinance contains the following legally binding notification and reporting obligations for the operator:

• Obligation to inform the competent authorities if the action values are exceeded (§ 10 sentence 1)
• Obligation to notify a new installation (Section 13 (1))
• Obligation to notify an existing installation (Section 13 (2))
• Obligation to notify changes to the installation or the decommissioning of the installation (Section 13 (3))
• Obligation to notify a change of operator (Section 13 (4))
• Obligation to have an inspection carried out by an expert (Section 14 (1) in conjunction with (2) sentence 1)
• Obligation to notify the authority of the result (Section 14 (2) sentence 2)
• Submission of an application for exemptions, if these are required (Section 15).

Notifications in accordance with Section 13 of the 42nd BImSchV and notifications in accordance with Section 10 of the 42nd BImSchV must be submitted online via the website of the "Cadastre for the registration of evaporative cooling systems 42nd BImSchV - KaVKA-42.BV".

Notifications in accordance with Section 14 of the 42nd BImSchV can also be submitted via this website.

Applications for exemptions in accordance with Section 15 of the 42nd BImSchV can be submitted informally to the relevant district administrative authorities.

The notification obligation in accordance with Section 13 of the 42nd BImSchV came into force on 19.07.2018. The operator of a new system must notify the competent authority no later than one month after the first filling with process water. Existing systems had to be notified to the competent authority by 19.08.2018 at the latest. In addition, Section 13 contains further deadlines for the notification of a change or decommissioning of a system as well as a change of operator.

According to Section 10, the operator must inform the competent authorities immediately in accordance with Annex 3 Part 1 and inform them within a period of four weeks in accordance with Annex 3 Part 2 as soon as a laboratory test shows that the action values have been exceeded.

According to § 14 para. 2, the operator must inform the competent authority of the results of the inspections in accordance with § 14 para. 1 within four weeks of completion of the inspection.