Experts Persons for the verification of long-term storage: determination Unfortunately this specification of service has not yet been completely translated.

If there is concern that, after the closure of the long-term storage facility or the plant plot, harmful environmental effects or other hazards, significant disadvantages and significant nuisances for the general public and the neighbourhood within the meaning of Section 5 (3) No. 1 of the Federal Immission Protection Act (BImSchG) may be caused, the operator must, at the request of the competent authority, verify that the requirements of Section 5 (3) (1) of the BImSchG are met. Such checks shall be carried out by experts appointed by the competent authority.

An expert person shall be authorised by the competent authority.

In the case of foreign applicant persons, exceptions may be made to the following documents, depending on the decision of the competent authority, provided that the expertise and reliability are demonstrated in a different way.

The identification of an expert person is made on request after a review, which is governed by Section 24 of the Landfill Ordinance (DepV). The required expertise, independence, reliability and equipment will be checked before the announcement.

Related Links

  • Section 5 paragraph 3 No. 1 Federal Immission Protection Act (BimSchG)
  • Section 24 Landfill Ordinance (DepV)

No documentation is required.

Preconditions

The requirements for an expert under Section 24 of the Landfill Ordinance (DepV) are broadly in line with those to be met by an expert recognised under Section 18 of the Federal Soil Protection Act (BBodSchG) who is qualified for investigations under soil protection law. Recognition is therefore required under the Lower Saxony Ordinance on Experts and Investigations for Soil Protection and Contaminated Sites (NBodSUVO) in respect of subject areas 2, 3 or 4 or corresponding recognition from another federal state.

  • Lower Saxony Ordinance on Experts and Investigations for Soil Protection and Contaminated Sites (NBodSUVO)
  • Federal Soil Protection Act (BBodSchG)

Hints

The announcement issued in a federal state is valid nationwide.

The authorisation requirement is waived when submitting an equivalent authorisation from another EU or EEA country. This authorisation shall be submitted to the expert before the commencement of the activity. At the request of the competent authority, the documents shall be presented with a certified translation.

Related Links

  • Section 5 Federal Immission Protection Act (BimschG)
  • Section 24 Landfill Ordinance (DepV)

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Last update or date of publication
13.09.2018