Immission control: permits / notifications for the construction and operation of plants

An immission protection permit is required for a company that has a harmful effect on the environment or endangers / annoys the general public.

The construction and operation of certain plants requires an immission control permit . Such installations include those which, by reason of their nature or operation, are particularly suitable:

  • cause harmful effects on the environment, or
  • otherwise endanger, significantly disadvantage or significantly harass the general public or the neighbourhood.

The Ordinance on Plants Requiring Approval - 4th BImSchV regulates,

  • which plants require a permit in accordance with § 4 of the Federal Immission Control Act and
  • whether a simple or formal authorisation procedure with public participation is required.
     

In addition to the approval requirement, certain plants are subject to notification in accordance with the following immission control regulations:

  • Single combustion plants with a rated thermal input of 10 megawatts to 20 megawatts (Ordinance on Small and Medium Combustion Plants - 1st BImSchV),
     
  • Plants in which volatile halogenated organic compounds are used as solvents, unless the plants require approval under the Federal Immission Control Act (Ordinance on emission limitation of volatile halogenated organic compounds - 2nd BImSchV),
     
  • Operating areas in which hazardous substances are present in quantities that reach or exceed certain quantity thresholds (Hazardous Incident Ordinance - 12th BImSchV),
     
  • Installations for the storage or transfer of petrol in tank farms or at petrol stations, insofar as they do not require a permit under the Federal Immission Control Act (Ordinance on the Limitation of Emissions of Volatile Organic Compounds During Transfer and Storage of Petrol - 20th BImSchV),
     
  • Filling stations (Ordinance on the Limitation of Hydrocarbon Emissions in the Refuelling of Motor Vehicles - 21st BImSchV),
     
  • High-frequency or low-frequency systems, insofar as they serve commercial purposes or are used in the context of economic enterprises and do not require a permit under the Federal Immission Control Act (Ordinance on Electromagnetic Fields - 26th BImSchV),
     
  • Facilities for cremation (Ordinance on Cremation Facilities - 27th BImSchV),
     
  • Plants that exceed the certain threshold value for solvent consumption and do not require a permit under the Federal Immission Control Act (Ordinance on the Limitation of Emissions of Volatile Organic Compounds when Using Organic Solvents in Certain Plants - 31st BImSchV).
  •  

The approval procedure requires a written or electronic application. This must be accompanied by the following documents:

  • Required drawings,
  • Explanatory notes and
  • other documents (if necessary, ask the competent authority).

Hints

Further information on the immission control approval procedure and application forms can be found in the state portal "Agriculture and Environment of the State of Schleswig-Holstein".

  • Immission control approval procedure
  • Application
  • Act on protection against harmful environmental effects caused by air pollution, noise, vibrations and similar processes (Federal Immission Control Act - BImSchG),
  • First Ordinance on the Implementation of the Federal Immission Control Act (Ordinance on Small and Medium Combustion Plants - 1st BImSchV),
  • Second Ordinance on the Implementation of the Federal Immission Control Act (Ordinance on emission limitation of volatile halogenated organic compounds - 2nd BImSchV),
  • Fourth Ordinance on the Implementation of the Federal Immission Control Act (Art. 1 d. V on the revision and amendment of ordinances for the implementation of the Federal Immission Control Act) (Ordinance on Installations requiring approval - 4th BImSchV),
  • Ninth Ordinance on the Implementation of the Federal Immission Control Act (Ordinance on the Approval Procedure - 9th BImSchV),
  • Twelfth Ordinance on the Implementation of the Federal Immission Control Act (Hazardous Incident Ordinance - 12th BImSchV),
  • Twentieth Ordinance on the Implementation of the Federal Immission Control Act (Ordinance on the Limitation of Emissions of Volatile Organic Compounds during The Transfer and Storage of Petrol - 20th BImSchV),
  • Twenty-first Ordinance on the Implementation of the Federal Immission Control Act (Ordinance on the Limitation of Hydrocarbon Emissions in the Refuelling of Motor Vehicles - 21st BImSchV),
  • Twenty-sixth Ordinance on the Implementation of the Federal Immission Control Act (Ordinance on Electromagnetic Fields - 26th BImSchV),
  • Twenty-seventh Ordinance on the Implementation of the Federal Immission Control Act (Article 1 of the Ordinance on Cremation Facilities and amending the Ordinance on Facilities requiring Approval) (Ordinance on Cremation Facilities - 27th BImSchV),
  • 31. Ordinance on the Implementation of the Federal Immission Control Act (Ordinance on the Limitation of Emissions of Volatile Organic Compounds from the Use of Organic Solvents in Certain Plants) (31st BImSchV),
  • State Ordinance on the Competent Authorities in accordance with immission control law as well as other technical and cross-media regulations on environmental protection (ImSchV-ZustVO),
  • Landesverordnung über Verwaltungsgebühren (Allgemeiner Gebührentarif) - VwGebV.

Related Links

  • BIMSchG
  • 1. BImSchV
  • 2. BImSchV
  • 4. BImSchV
  • 9. BImSchV
  • 12. BImSchV
  • 20. BImSchV
  • 21. BImSchV
  • 26. BImSchV
  • 27. BImSchV
  • 31st BImSchV
  • ImSchV-ZustVO
  • VwGebV

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