Experts persons for the inspection of long-term storage: determination

If there is concern that after the decommissioning of the long-term storage facility, harmful environmental effects or other hazards, significant disadvantages and considerable nuisances for the general public and the neighborhood within the meaning of § 5 para. 3 no. 1 Federal Immission Control Act (BImSchG) may be caused, the operator must have it checked at the request of the competent authority, whether the requirements of § 5 Abs. 3 Nr. 1 BImSchG are met. Such checks shall be carried out by experts designated by the competent authority.

An expert person shall be subject to approval by the competent authority.

In the case of foreign applicants, depending on the decision of the competent authority, exceptions may be made to the following documents, provided that the expertise and reliability are proven by other means.

The appointment of an expert person takes place on request after a review, which is based on § 24 Landfill Ordinance (DepV). The required expertise, independence, reliability and equipment are checked before the announcement.

Related Links

  • § 24 Landfill Ordinance (DepV)
  • § 5 paragraph 3 no. 1 Federal Immission Control Act (BImSchG)

No documents are required.

Preconditions

The requirements for an expert person according to § 24 Landfill Ordinance (DepV) largely coincide with those that an expert person recognized according to § 18 federal soil protection law (BBodSchG) who is qualified for investigations under the soil protection law has to meet. Recognition according to the Lower Saxony Ordinance on Experts and Investigation Bodies for Soil Protection and Contaminated Sites (NBodSUVO) with regard to subject areas 2, 3 or 4 or a corresponding recognition from another federal state is therefore required.

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

Hints

The announcement made in a federal state is valid nationwide.

The approval requirement does not apply if an equivalent permit from another EU or EEA country is submitted. This authorisation must be submitted by the expert before commencing the activity. At the request of the competent authority, the documents shall be submitted with a certified translation.

Related Links

  • § 5 Federal Immission Control Act (BImSchG)
  • § 24 Landfill Ordinance (DepV)

Responsible for the content
Lower Saxony Ministry of the Environment, Energy and Climate Protection

Last update or date of publication
13.09.2018