Term and definition of collective storage
Die Collective storage is a central term in environmental law and refers to the simultaneous or joint storage of different substances or items, in particular hazardous substances, waste, or water-polluting substances, at one location or within one facility. Collective storage plays a significant role, especially in the areas of emission control, waste law, and water protection law, and is subject to extensive legal requirements and restrictions. The aim is to protect humans and the environment from potential dangers that may arise from the interaction of stored substances.
Legal foundations of collective storage
Emission control regulations
In the context of collective storage of hazardous substances, the provisions of the Federal Immission Control Act (BImSchG) as well as the ordinances issued under it, in particular the Ordinance on Facilities Requiring Approval (4th BImSchV), are of central importance. Collective storage may, under certain circumstances, require a permit, especially if there are particular hazard potentials (for example, due to interactions of substances or incident risks).
Incident control law
According to the 12th BImSchV (Incident Ordinance) , additional requirements regarding safety and risk prevention must be observed when collectively storing larger quantities of hazardous substances. Operators are required to develop comprehensive safety concepts, maintain alarm and emergency response plans, and inform authorities.
Hazardous substances law
In the field of hazardous substances law , the Hazardous Substances Ordinance (GefStoffV) contains specific requirements for the safe storage and in particular for the collective storage of hazardous substances. These include:
- Requirements for storage conditions (ventilation, temperature control, fire protection)
- Protective measures against possible chemical reactions or incompatibilities
- Documentation obligations, for example in hazardous substances registers
Technical Rules for Hazardous Substances (TRGS), in particular the TRGS 510 (Storage of hazardous substances in portable containers), specify the legal requirements and describe in detail which substances may be stored together in which combinations and which may not (incompatibility lists, protective distances, separation barriers).
Waste law provisions
Im Waste law is especially relevant for the collective storage of hazardous waste, used oil, or waste electrical (and electronic) equipment. The Circular Economy Act (KrWG) and the associated ordinances, such as the Evidence Ordinance and the Waste Catalogue Ordinance (AVV), regulate to what extent and under what conditions different wastes may be stored together.Permitting requirements can arise, particularly when temporarily storing large quantities of waste or hazardous waste. The storage must be arranged so that pollutant loads are securely contained and no risk arises for the environment, water, or soil. In particular, the mixing of certain hazardous wastes is, as a rule, prohibited for reasons of waste separation and treatment.
Water law requirements
The collective storage of water-polluting substances is subject to the requirements of the Water Resources Act (WHG). The relevant ordinances, especially the AwSV (Ordinance on Installations for Handling Water-Polluting Substances), contain specific requirements for storage and in particular for collective storage. Among others, the following applies:
- Proof of tightness of collection containers and storage facilities
- Requirements for the prevention of leaks, overfilling, and mixing
- Requirements for containment devices and monitoring systems
Depending on the hazard class of the substance (water hazard classes, WGK 1‑3), different protective measures must be applied for joint storage.
Building law aspects
Under building regulations law, requirements for the structural condition and safety of storage rooms used for collective storage must be observed. Depending on the size and hazard potential of the storage facility, special structural measures, such as firewalls, ventilation concepts, or escape routes, may be required. The relevant requirements are governed by the state building regulations and, if applicable, the so-called hazardous substance storage register.
Principles of admissible collective storage
Compatibility of substances
A central principle of collective storage is that only substances between which no dangerous interactions can arise may be stored together. This particularly applies to:
- Fire and explosion hazards when storing oxidizing and combustible substances together
- Chemical reactions (e.g. strong acids and bases)
- Formation of toxic or corrosive gases
The respective regulations and technical rules require detailed hazard analyses as well as adherence to minimum distances or separation walls between incompatible substances.
Quantity limits and special requirements
For collective storage, various threshold values and special regulations apply depending on the substances stored and their quantities. If the total quantity of certain substances exceeds specific threshold values, this can have consequences for permit requirements, the necessity for safety concepts, and for notification and documentation obligations.
Documentation and labeling obligations
Operators of collective storage facilities are obliged to comprehensively document the substances and quantities stored. This includes, for example:
- Preparation and ongoing updating of storage plans
- Maintenance of substance inventories and safety data sheets
- Labeling of storage rooms and containers in accordance with GHS/CLP Regulation and dangerous goods law
Typical areas of application for collective storage
Industry and production
In industrial operations, collective storage is often used for the stockpiling of raw materials, intermediate products, and waste. Compliance with the applicable regulations is essential here to minimize risks for employees, the environment, and local residents.
Waste management and recycling companies
Waste disposal and recycling companies operate collective storage facilities for a wide variety of waste types, particularly dangerous waste such as used oil, chemical residues, or waste electrical equipment. The great diversity of substance types makes strict adherence to the collective storage rules especially important.
Agriculture and trade
In agriculture, collective storage relates for example to plant protection products, fertilizers, or lubricants, while in the trade sector, collective storage of packaging waste, dangerous goods, or chemicals must be observed in particular.
Sanctions for violations of collective storage regulations
Violations of the regulations on collective storage can result in civil liability (for example, in the event of environmental damage) as well as regulatory sanctions and fines. Particularly serious cases, such as severe environmental endangerment, may also be prosecuted under criminal law (§§ 324 et seq. StGB – water pollution, unauthorized handling of hazardous waste).
Summary
Collective storage is a central topic in environmental law that affects numerous areas such as emission control law, hazardous substances law, waste law, water law, and building law. The admissibility and requirements for collective storage are comprehensively regulated by various legal provisions, technical regulations, and administrative rules. The focus is on protecting people, the environment, and property, as well as preventing hazards that may arise from storing different substances together. Operators of facilities are subject to numerous obligations regarding risk assessment, documentation, labeling, and structural measures. Violations can result in significant sanctions. Compliance with the regulations makes a substantial contribution to sustainable environmental protection.
Frequently asked questions
What permits are required for collective storage?
In order to lawfully conduct collective storage of hazardous substances, an official permit in accordance with the Federal Immission Control Act (BImSchG) is generally required if certain quantity thresholds are exceeded. This includes the construction, operation, and substantial modification of facilities in which hazardous substances are stored. For facilities requiring approval, a formal application procedure must be carried out with the responsible emission control authority. In addition, further provisions of the Water Resources Act (WHG) — for example, for facilities handling water-polluting substances — may need to be observed, which may make additional permits or notifications under the AwSV (Ordinance on Installations for Handling Water-Polluting Substances) necessary. Furthermore, a building permit under the respective state building regulations may be required, especially if construction measures are planned. The requirements depend on the type and quantity of substances stored and the local hazard potential and must always be assessed on a case-by-case basis.
Are there specific monitoring and inspection obligations for collective storage?
Yes, the collective storage of hazardous substances is subject to extensive monitoring and inspection obligations. Operators are required to carry out regular self-inspections in accordance with § 52 BImSchG and the requirements of the Incident Ordinance (12th BImSchV). This includes, in particular, compliance with technical monitoring measures, regular maintenance and inspection of facility safety, as well as documentation of these processes. The responsible supervisory authorities — often environmental or occupational safety agencies — also carry out periodic, sometimes event-related, inspections and controls. When certain quantity thresholds are exceeded, stricter inspection intervals as well as increased notification and reporting obligations to supervisory authorities apply.
What special requirements apply to fire protection in collective storage?
There are increased requirements for preventive and defensive fire protection regarding collective storage in accordance with the Technical Rules for Hazardous Substances (TRGS), in particular TRGS 510 “Storage of Hazardous Substances in Portable Containers.” In addition, the provisions of building law (depending on the federal state, the respective state building regulations) and the workplace law (Workplace Ordinance – ArbStättV) apply. Specific requirements include, for example, the provision of suitable extinguishing agents, fire compartments, and fire detection systems, as well as the creation and regular updating of a fire protection concept. Furthermore, accessibility for rescue and fire-fighting personnel must be ensured. Substance groups that can dangerously react with each other must be stored separately. The implementation and monitoring of protective measures are subject to regular inspection by the responsible authorities.
What obligations exist regarding labeling and documentation?
The labeling obligations for substances relevant to storage quantities are based on the requirements of the Hazardous Substances Ordinance (GefStoffV) and the EU CLP Regulation (Regulation (EC) No 1272/2008). Hazardous substances must always be properly, permanently, and clearly visibly labeled in collective storage. This includes information on hazard classes, signal words, hazard pictograms, and relevant safety instructions (H and P statements). Collective storage must also be documented with an exact inventory, from which the type, quantity, and storage location of each substance can be deduced. Changes in the inventory or storage must be entered without delay to ensure traceability at all times. The documentation requirement also extends to operating instructions, inspection reports, risk assessments, as well as emergency and alarm plans, which must be presented during official inspections.
What liability risks exist for operators of collective storage?
Operators of collective storage facilities are fully liable for damages resulting from improper storage, non-compliance with legal regulations, or incorrect operation. This encompasses both civil liability towards injured parties (§ 823 BGB), as well as public law responsibilities (e.g. under the Environmental Damage Act – USchadG). In the event of non-compliance with safety, notification, or monitoring obligations, administrative offense and criminal proceedings under BImSchG, WHG, or StGB (§ 324 et seq. for environmental crimes) may be initiated. In cases of gross negligence or intent, personal liability of the persons responsible for operation (managing directors, plant managers) can occur. Furthermore, costs for remediation of environmental damage, official requirements, or even closures can be imposed.
What legal requirements exist for the joint storage of different hazardous substances?
The joint storage of different hazardous substances is strictly regulated by law. The main regulations here are TRGS 510 and the Hazardous Substances Ordinance (GefStoffV), according to which hazardous substances with different or mutually reinforcing hazardous properties, such as being flammable, oxidizing, or toxic, may not be stored together without control. For certain substance groups, there are explicit incompatibilities regulated in tables (e.g. joint storage table according to TRGS 510). In addition, structural and technical separations are often required in order to prevent reactions or the release of hazardous substances. Violations can result in significant fines, official shutdowns, or in the event of damage, also criminal consequences.
Are there special requirements to be observed when handling water-polluting substances?
Yes, when handling water-hazardous substances in collective storage facilities, comprehensive regulations apply, particularly under the German Water Resources Act (WHG) and the Ordinance on Installations for Handling Substances Hazardous to Water (AwSV). Collective storage facilities must be constructed in such a way that no water-hazardous liquids can escape and seep into the groundwater. For this purpose, collection trays, impermeable storage floors, or special retention systems are mandatory. The suitability and tightness of the installations must be regularly inspected and documented. Depending on the water hazard class of the substances, additional requirements apply to the approval of the storage facility, the expertise of the personnel, as well as to emergency and alarm plans in the event of an incident. Compliance with these regulations is regularly monitored by the local water authorities.
