Information - Services - Formalities by subjects - Business start-up, development and management - Registration obligations - Water management; application for recognition as private expert(s) - Dienstleistungsportal Bayern

Description

The recognition of Private Experts in Water Management (PSW) is granted upon application by the Bavarian State Office for the Environment (LfU).

Recognition as a private expert in water management can be granted for the following PSW fields of activity:

1. Thermal utilization (open systems)
   Preparation of expert opinions in the procedure for granting a permit with fictitious approval according to Art. 70 Para. 1 No. 1 Half Sentence 1 Bavarian Water Act (BayWG), including expert opinions for the granting of a building inspection according to Art. 61 BayWG for these plants.
2. Thermal utilization (closed systems)
   Preparation of expert opinions in the procedure for granting a permit with fictitious approval according to Art. 70 Para. 1 No. 1 half-sentence 2 BayWG, including the expert opinions for granting a building inspection according to Art. 61 BayWG for these systems
3. Small wastewater treatment plants
   a) Preparation of expert opinions in the procedure for granting a permit with fictitious approval according to Art. 70 Para. 1 No. 2 BayWG, including the expert opinions for granting a building inspection according to Art. 61 BayWG for these plants,
   b) Preparation of certificates according to Art. 60 BayWG
4. Construction acceptance
   Preparation of confirmations according to Art. 61 BayWG in the procedure for construction acceptance
5. Snowmaking facilities
   Preparation of expert opinions in the procedure for granting a permit for snowmaking facilities according to Art. 35 BayWG
6. Technical water supervision for wastewater plants (tGewA Abwasseranlagen)
   Carrying out inspections, measurements, examinations and tests in accordance with Art. 58 Para. 1 Sentence 5 Annex 2 BayWG
7. Self-monitoring
   Implementation of self-monitoring for water supply and wastewater facilities
8. Property drainage systems
   Inspection of property drainage systems and property connections
9. List of participants
   List of participants for the determination of cost contributions for the maintenance and development of water bodies

Recognition for individual specialist areas may be restricted if this is necessary on the basis of the qualification certificates submitted. This applies in particular to specialist areas with a wide range of tasks, e.g. self-monitoring and construction acceptance.

Prerequisites

Section 3 of the Ordinance on Water Experts (VPSW) specifies the requirements for recognition as a PSW. In particular, only persons who are reliable and meet the personal and professional requirements can be recognized.

The personal requirements are fulfilled in particular by

• has sufficient liability insurance with a minimum sum insured of one and a half million euros, in the case of the restriction of the scope of application to § 1 No. 3 of five hundred thousand euros, lump sum for personal injury, property damage, water damage and financial loss per insured event with at least double maximization in the insurance year and
• is not in a professional, financial or other relationship of dependence which could influence his expert activities and
• does not work as a civil servant or employee of the Free State of Bavaria or another public corporation or a company in which such a corporation holds at least a majority interest.

The professional requirements are fulfilled by persons who, at the time of recognition

• have successfully completed a bachelor's, master's or diploma degree course in a field of study relevant to the recognition applied for at a domestic university or university of applied sciences and can provide evidence of at least 3 years of qualified professional experience in the area of recognition applied for within the last five years, or
• can provide evidence of a foreign educational qualification in accordance with Directive 2005/36/EC of the European Parliament and of the Council of 07.09.2005 on the recognition of professional qualifications.

A command of the German language, both written and spoken.

Procedure

As a first step, a short telephone consultation is provided.

You can reach the State Office for the Environment at 09281/1800-4952 or 0821/9071-5522 or by e-mail at psw@lfu.bayern.de.

You will need Internet access for the consultation. You will receive access to the application forms during the consultation. After the application has been submitted or the documents have been sent to the recognition office for PSW (State Office for the Environment, Department 96), the personal and professional requirements, which are proven by the applicant by means of the documents to be submitted, are checked. In addition, there is usually a technical interview and recognition seminars (general and technical part) must be attended.

The activity as PSW for the recognition area "tGewA wastewater plants" is bound to the approval according to the laboratory regulation for the area "Sampling and general parameters". For this purpose, participation in a competence assessment event is required as part of the recognition process.

Special notes

For technicians and master craftsmen, an exceptional procedure is possible in addition to the regular recognition procedure (university degree). Detailed information will be provided in a counseling interview.

Deadlines

There are no deadlines to meet for the application.

Please note, however, that at the time of recognition the participation in the recognition seminar may not be longer than 2 years ago. We recommend that you attend the recognition seminar only after the professional examination of your professional experience.

Processing time

The processing time is usually up to six months.

Required documents

• The following documents are required:
  • Application for new recognition or extension (you will receive access to the form during the consultation)
    Please complete the form in full and sign it.
  • Photograph
  • Curriculum vitae in tabular form (with the usual personal details, a complete account of your schooling, vocational training and professional activities)
  • Documents (certificates, diplomas) of vocational training qualifications
    (transmission as a scan and presentation of the originals for the interview)
  • Certificate of good conduct for presentation to authorities in accordance with § 30 of the Federal Central Register Act
    Please apply to the competent authority and provide the above address of the competent authority. Can also be submitted later up to the recognition date after the examination of the professional experience.
  • Confirmation of liability insurance (you will be given access to the form during the counselling interview)
    Please complete the form in full and sign it. This confirmation can either be sent by post as an original by the applicant or online as a scan directly by the insurance company. Can also be submitted later up to the recognition date after the professional experience has been verified.
  • Declaration of the applicant (you will be given access to the form during the consultation)
    Please complete the form in full and sign it.
  • Employer's declaration (consent to PSW activity, not bound by instructions) - signed informal declaration by the employer on the applicant's exemption and not being bound by instructions for PSW activity
    This confirmation can be sent either by post in the original, or online directly by the employer. It is not required in the case of self-employment.
  • Proof of at least 3 years of relevant activity in the areas of activity applied for (you will receive access to the form during the consultation)
    The reference list should contain at least 10 different relevant references with details of the clients (address and telephone number) and the responsible local authorities (contact person + telephone number) as well as the scope and the functions exercised by the applicant in the respective activities. These must have been carried out essentially on the applicant's own responsibility.
  • Proof of sampling competence
    Only required for application tGewA wastewater plants. Can also be submitted later up to the recognition date after the examination of the professional experience.

Forms

• Form, Bavaria-wide: Haftpflichtversicherungsnachweis

  Please note

  This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

Online procedures

• Sachverständige in der Wasserwirtschaft - Sicheres Kontaktformular zur Antragstellung bzw. Übermittlung der Unterlagen

  The electronic transmission of documents is accepted if the software certificate authega or the identity card (with eID function) was used when registering for BayernID. Please submit documents to be signed as a scan.

• Sachverständige in der Wasserwirtschaft - Sicheres Kontaktformular zur Übermittlung der Erklärung des Arbeitgebers

  In the case of electronic transmission, the exemption confirmation must be sent informally, signed as a scan by the employer. A login with the BayernID is required (user name/password, online ID function or authega certificate).

• Sachverständige in der Wasserwirtschaft - Sicheres Kontaktformular zur Übermittlung der Haftpflichtversicherungsbestätigung durch die Versicherungsgesellschaft

  In the case of electronic transmission, the liability insurance confirmation (form see under "Forms") must be signed and stamped by the insurance company and transmitted as a scan. Registration with the BayernID is required (user name/password, online ID function or authega certificate).

Fees

• • for the first area of recognition: 300.00 Euro
  • for each further area of recognition: 100.00 Euro (Costs Act, Costs List Tariff No. 8.IV.0/1.30.1.1)
  • Expenses for PSW stamp: 25.00 Euro
  • Expenses for the determination of competence (area tGewA waste water plants) according to information

Legal bases

• Verordnung über private Sachverständige in der Wasserwirtschaft (Sachverständigenverordnung Wasser - VPSW)
• Bayerisches Wassergesetz (BayWG)
• Gesetz zur Ordnung des Wasserhaushalts (Wasserhaushaltsgesetz - WHG)
• Verordnung über die Zulassung von Prüflaboratorien für Wasseruntersuchungen (Laborverordnung – LaborV)
• Verwaltungsvorschrift zum Vollzug des Wasserrechts (VVWas)

Remedy

An action may be brought against a decision of recognition, rejection or revocation within one month of its notification.

Links to more information

• Private Sachverständige Wasserwirtschaft (PSW)

  Hinweise zur Anerkennung und Tätigkeit von PSW und Liste aller PSW

• Private Sachverständige in der Wasserwirtschaft - PSW

Related issues

• Soil protection and treatment of contaminated sites; application for approval as an expert
• Soil protection and treatment of contaminated sites; application for approval as an investigative body