Thirtieth Ordinance For The Implementation Of The Federal Immission Control Act

Original Language Title: Dreißigste Verordnung zur Durchführung des Bundes-Immissionsschutzgesetzes

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Read the untranslated law here: http://www.gesetze-im-internet.de/bimschv_30/BJNR031700001.html

Thirtieth Ordinance for the implementation of the Federal Immission Control Act (regulation on equipment for the biological treatment of waste - 30 BImSchV) 30 BImSchV Ausfertigung date: 20.02.2001 full quotation: "regulation concerning equipment for biological treatment of waste by 20 February 2001 (BGBl. I p. 305, 317), by article 3 of the Decree of April 27, 2009 (BGBl. I S. 900) is changed" stand: amended by art. 3 V v. 27.4.2009 I 900 for details on the stand number you see in the menu see remarks footnote (+++ text detection off) : Abolished +++) the V 305 (AbfAblV/BImSchV30/AbwÄndV) by the Federal Government after consultation with the interested parties with the consent of the Federal Council was adopted as article 2 d V v. 20.2.2001 I. She entered into force article 4 of this V on 01.03.2001 according.

Table of contents part I General provisions section 1 scope article 2 definitions part requirements for the construction, the nature and operation § 3 minimum section 4 emission-related requirements for delivery, processing, separation, storage and transport § 5 emission-related requirements for biological treatment, process water and vapour condensates § 6 emission limits section 7 leakage conditions for exhaust part measurement and monitoring article 8 measuring methods and measuring devices section 9 continuous measurements article 10 evaluation and assessment of continuous measurements article 11 measurements § 12 reports and assessment of individual measurements § 13 errors of operation part four
 
Requirements for existing plants § 14 transitional arrangements part five common provisions article 15 informing the public article 16 approval of exceptions article 17 further requirements section 18 offences of first part general provisions section 1 scope of application (1) this Regulation applies to the establishment, the nature and operation of facilities in which waste and waste that can be disposed of as municipal waste, be treated with biological or a combination of organic with physical methods , as far as - produced biologically stabilised waste as pre-treatment to the deposition or before a thermal treatment - calorific fractions or alternative fuels won or - biogas produced to energy use are (biological waste treatment plants) and they require approval pursuant to section 4 of the Federal Immission Control Act in conjunction with the Ordinance on installations requiring a permit.
(2) this regulation does not apply to equipment, the 1 for the production of recoverable compost or biogas exclusively from organic waste in accordance with § 2 No. 1 of the organic waste regulation of 21 September 1998 (BGBl. I S. 2955) or products or by-products from agriculture, forestry or fishing or sewage sludge in accordance with § 2 para 2 of the sewage sludge Ordinance of 15 April 1992 (BGBl. I p. 912), by the Decree of March 6, 1997 (BGBl. I p. 446) has been modified , as well as the use of a mixture of the aforementioned substances in Kofermentationsanlagen or 2 for the from digestion of sewage sludge are intended.
(3) this regulation lays down in particular requirements, which are to meet no. 2 of the Federal Immission Control Act in establishing and operating facilities for the prevention of adverse environmental impacts due to air pollution according to § 5 para 1.

Article 2 definitions for the purposes of this regulation are: 1 exhaust the carrier gases with solid, liquid or gaseous emissions;
2. waste gas cleaning equipment facilities to reduce emissions by emission relevant air pollutants in the exhaust gas of the biological waste treatment plant, in particular to limit emissions of odorous substances, climate-relevant gases, organic substances and dusts and to reduce life and reproduction-enabled micro-organisms;
3. old plants biological waste treatment plants, for which up to the time of the entry into force of this regulation a) according to section 67, paragraph 2, or 7 or § 67a para 1 of the Federal Immission Control Act or before entry into force of the Federal Immission Control Act had to be a displayed according to § 16 para 4 of the GewO, b) the zoning decision according to § 7 paragraph 1 of the waste management Act, August 27, 1986 (BGBl. I S. 1410, 1501) is given to the establishment and operation , c) the zoning decision according to § 31 para 2 or the approval pursuant to § 31 para 3 of the recycling and waste management act of 27 September 1994 (BGBl. I S. 2705) for the construction and operation have been is, d) in proceedings according to § 31 para 2 of the recycling and waste management act the start of execution has been approved according to § 33 para 1 of the recycling and waste management act before finding the plan , e) the licence pursuant to section 4 or section 16 of the Federal Immission Control Act to establish and to operate is granted or f) a partial permit according to § 8, a premature start after paragraph 8a of the approval or a notice pursuant to section 9 of the Federal Immission Control Act is granted, as far as is, requirements according to § 5 para 1 No. 2 of the Federal Immission Control Act are set;
4. waste any solid or liquid waste, incurred in the biological waste treatment plant;
5. waste containing biodegradable waste with a high organic content in the sense of annex 1 No. 1 of the organic waste regulation waste referred to and other wastes with high biodegradable content which are discarded because of their nature or composition such as municipal waste, in particular sewage sludge from waste water treatment plants for the treatment of urban waste water or waste water with much less pollution, sewage, septic tank sludge, residue from wastewater treatment facilities , Water purification sludge, construction and production-specific waste. This fall also waste from the treatment of municipal waste and waste pursuant to sentence 1;
6. biological waste treatment plant waste treatment plant in the municipal solid waste or other waste with biodegradable components with biological or a combination of biologischen with physical methods treated as far as biologically stabilised waste, calorific fractions, alternative fuels or bio gas, are produced. Include in particular - the biological waste treatment plant facilities for the biological treatment of the input substances or of waste under aerobic conditions (rotting) or under anaerobic conditions (fermentation) with their extraction, entry -, air - and Abgasführungs - and transfer systems and the equipment for mechanical processing, or to the physical separation of the materials or the waste as a pretreatment and after-treatment devices before and after biological treatment (such as separating or sorting of metals , Films or other interference or recyclable materials, to drain, to the homogenization or mixing, the grading or sorting through seven, wind views, or hydraulic separating the pelleting, drying, pressing or crushing), - the equipment for the delivery, input control and discharge the feedstock, for storing the starting materials and the waste, as well as to their transport, their handling and their dosage, - facilities for the waste gas registration , - the equipment for the cleaning of exhaust gases, and for the treatment of process water and vapour condensates, - facilities for the exhaust discharges into the atmosphere, - facilities for controlling operation of treatment operations and storage, as well as to the monitoring of treatment and storage conditions and the equipment for the control of emissions;
7 materials all a biological waste treatment facility to waste or other waste with biodegradable shares;
8 emissions the air pollution emanating from a biological waste treatment plant; they are specified as: a) mass concentration in the unit milligrams per cubic meter (mg/m3), based on the volume of exhaust gas in the standard State (273 K, 1013 hPa) after deducing the moisture content of water vapour, b) mass ratio in the unit gram per megagram (g/mg) as the ratio of the mass of emitted substances to the mass of the feedstock in the delivery State, c) concentration of odorous substances in the odor unit per cubic meter (GE/cbm) as olfactometrically measured ratio of flow rates in a flue gas sample with neutral air to the odour threshold , expressed as a multiple of the odour threshold;
9 emission limits permissible emissions in the exhaust gas, which; judged according to the criteria set out in section 10, paragraph 4 and article 12, paragraph 2
10 waste waste from households as well as wastes from other areas of origin, which are similar to the waste produced by households because of its nature or composition, in particular household waste, bulky waste, household waste-like industrial waste, garden and Park waste, market waste and street cleaning waste.
Second part requirements for the establishment of the minimum distance in the construction of biological waste treatment plants is designed to condition and operation section 3 minimum not be less than 300 metres to the next existing or set out in a development plan for residential development.

§ 4 emission-related requirements for delivery, processing, separation and storage and transport
(1) unloading stations, task or capture bunkers or other facilities for delivery, transportation and storage of the materials can be built to hold less than the atmospheric pressure is where the air pressure of extraction in the locks area, or in the loading and unloading, and storage in closed rooms with locks. The extracted exhaust is to feed a waste gas cleaning facility.
(2) machines, equipment or other facilities for treating mechanical or physical separation of materials or of waste (for example, by crushing, grading, sorting, mixing, homogenizing, dewatering, drying, pelletizing, crimping) are to encapsulate. As far as a flue gas-tight version, in particular on the task, extraction or transfer points, not or only partially possible, the exhaust flows of these facilities to capture and recycle a waste gas cleaning facility.
(3) the exhaust flows pursuant to paragraph 1 sentence 2 and paragraph 2 sentence 2 can also supply air for the required process air are used during the composting process.
(4) for the removal of dusting goods, closed containers should be used.
(5) the routes in the area of biological waste treatment facility are with a top layer of asphalt road construction materials, rendering in cement concrete or equivalent material and clean according to the degree of pollution. It is to ensure that significant contamination be avoided by vehicles after leaving the plant area or eliminated, for example by tyre wash or regular cleaning of the driveways.

§ 5 emission-related requirements for biological treatment, process water and vapour condensates (1) are devices for the biological treatment of feedstocks or accumulated waste under aerobic conditions (rotting) or under anaerobic conditions (fermentation) to encapsulate or establishing in closed rooms with locks to keep less than the atmospheric pressure is where the air pressure of extraction in the locks area or in the area of biological treatment. As far as a flue gas-tight execution on the task, extraction or transfer points and for the transport of the composting material not or only partially possible, the exhaust streams to capture and recycle a waste gas cleaning facility.
(2) the resulting during the composting process in the composting systems exhaust is fully disposed to a waste gas cleaning facility.
(3) the organic gases during the fermentation process in the wet or dry fermentation facilities are be recycled a gas cleaning plant for conversion to a usable gas, provided that they not directly energy can be used in an incinerator.
(4) facilities, the emissions through the use of low-emission processes and technologies, to reduce, for example, by multiple use of exhaust gas as process air during the composting process or a process-integrated return of any process water or slurry residue are to exploit.
(5) the conveying and storage systems, as well as the internal treatment facilities for process water and vapour condensates are construed and operate that no relevant diffuse emissions can assume this.

§ 6 emission limit values of the operator has to build the biological waste treatment plant and maintain that in the exhaust gas flows specific to the discharge into the atmosphere according to § 4 paragraph 1 sentence 2 and paragraph 2 no exceed daily average values the following emission limit values set 2 and § 5 para 1 sentence 2 and paragraph 2 1: a) total dust 10 mg / m3 b) organic substances, stated as total carbon , 20 mg / cbm 2. exceeds any half hourly average values the following emission limit values: a) total dust 30 mg / m3 b) organic substances, specified as any monthly average value determined total carbon, 40 mg / m3 3. as mass ratio according to § 10 para 2, exceeds the following emission limit values: a) nitrous oxide 100 g / mg b) organic substances, stated as not a measurement of a sample exceeds the following emission limit value total carbon, 55 g / mg 4. : Odorous substances 500 GE/M3 and 5 no mean value, which is formed over the respective sampling period, exceeds the following emission limit values: dioxins/furans, 0.1 ng/m3 specified as checksum value set out in annex to the 17th BImSchV,.

§ 7 leakage conditions for gases the operator has the exhaust flows § 4 para 1 sentence 2 and paragraph 2 sentence 2 and § 5 para 1 sentence 2 and paragraph 2 so to discharge, that is an undisturbed evacuation with the free air flow; a derivative of chimneys is required.
Third part measurement and monitoring article 8 are measuring method and measuring devices (1) for the measurements to establish subject to the competent measuring stations; These should be sufficiently large, easily accessible and designed, as well as be selected so that representative and proper measurements are guaranteed.
(2) for measurements for the determination of the emissions, and for determining the reference and operating sizes are to apply the State of metrology measurement methods and appropriate measuring devices subject to the competent authority or to use.
(3) on the proper installation of measuring systems for continuous monitoring, a certificate of a body given by the competent national law is to provide.
(4) the operator has measuring devices that are used for the continuous determination of emissions from known given the authority under State law authority before commissioning the system calibration by a and functionality check once a year to leave; the calibration is before a much modified installation, in addition to repeat at intervals of three years. The reports on the result of the calibration and testing of the functionality of are to submit to the competent authority within eight weeks of receipt of the reports.

§ 9 continuous measurement of the operator has 1 the mass concentration of emissions according to § 6 No. 1 and 2, 2. the mass concentration of emissions of nitrous oxide and 3. the reference values required for the evaluation and assessment of the proper operation of, in particular exhaust gas temperature, flue gas volume flow, pressure, moisture content on steam as well as mass of the supplied input materials supplied continuously to identify, register and evaluate in accordance with article 10, paragraph 1 and 2. Measuring devices for the moisture content of water vapour are not necessary, as far as the exhaust gas before the determination of the mass concentration of emissions is dried.

Section 10 is evaluation and assessment of continuous measurements (1) during operation of the biological waste treatment plant the half hourly average values to form and to convert to no. 8 letter a on the conditions referred to in paragraph 2 from the measurement values pursuant to § 9 sentence 1 for each successive half-hour. From the half hour mean values, the daily average value, relative to the daily operating time including the start up or storage operations, to form is for every day.
(2) from the paragraph 1 sentence 2 educated daily mean values of the mass concentrations of organic substances, stated as total carbon, and nitrous oxide and the amount of waste gas as a daily sum of exhaust gas flows after § 4 para 1 sentence 2 and paragraph 2 sentence 2 and § 5 para 1 sentence 2 and paragraph 2 are the issued day mass of that air pollution to determine. From the emitted mass of the day, the month mass emitted during operation of the biological waste treatment plant must be formed. The monthly amount of substance use is to collect monthly sum of the feedstock in the delivery State. From the emitted mass of month sentence 2 and the monthly usage substance quantity pursuant to sentence 3 according to § 2, the mass ratio is to calculate letter b No. 8.
(3) on the evaluation of continuous measurements and determining the mass ratios, the operator has to create a measurement report and to submit within three months after the end of each calendar year of the competent authority. The operator must keep records of instruments after you create the measurement report five years. Sentence 1 shall not apply where the competent authority has prescribed telemetric transmission of measuring results.
(4) the emission limit values are complied with, if not a daily average value after § 6 No. 1, any half hourly average values according to § 6 No. 2 and no month average according to § 6 No. 3 respective emissions exceeds the limit.

§ Has 11 individual measurements (1) the operator whether the requirements are met according to § 6 No. 4 and 5, perform measurements anywhere announced pursuant to section 26 of the Federal Immission Control Act to determine, after construction or significant modification of biological waste treatment plant. The measurements are in the period of 12 months after commissioning every two months at least one day and then recurring at least every twelve months at least on three days carried out. These should be made if the plants with the highest performance, for which they are approved at the feedstocks used during the measurement for continuous operation.
(2) for each individual measurement, at least three samples per emission source should be included. The olfactometric analysis has to be carried out immediately after sampling.
(3) after construction or significant modification of biological waste treatment plant the competent authority by the operator may request whether through the operation of the plant odour Immissions caused in the neighborhood, which represent a significant annoyance in the sense of § 3 para 1 of the Federal Immission Control Act, performing measurements anywhere announced pursuant to section 26 of the Federal Immission Control Act to establish. For the determination of immission load olfactory findings in the context of inspections must be performed. The measurements are after reaching uninterrupted operation, but carried out no later than 12 months after start-up. These should be made if the plants with the highest performance, for which they are approved at the feedstocks used during the measurement for continuous operation.

§ 12 has pursuant to section 11 of the operators to create a measurement report and to submit without delay the competent authority reports and assessment of individual measurements (1) on the results of the measurements. The measurement report must contain information on the measurement planning, the result of each single measurement, the measuring procedure used and the operating conditions, which are for the assessment of the measurement results of importance.
(2) the emission limit values according to § 6 apply no. 4 and 5 as having been observed, if not a result of a single measurement exceeds the emission limit values.

§ 13 errors of operation (1) arises from measurements and the operator has other obvious perceptions that requests to the operation of the plants, or to limit emissions are not met immediately to inform the competent authorities. He has to take the necessary measures for a correct operation without delay.
(2) the authority to set the period disturbances or failures of the waste gas cleaning facilities for technically unavoidable stoppages, during which must be adhered to by the emission limit values according to § 6 under certain conditions. The continued operation of the biological waste treatment plant shall under the conditions referred to in sentence 1 eight consecutive hours and within a calendar year exceed 96 hours. A mass concentration of 100 milligrams per cubic metre of exhaust gas, measured as half hourly average values, must not exceed the total dust emission; § 2 No. 8 finds appropriate application.
(3) the extracted exhaust is to derive when the exhaust-gas cleaning facilities in accordance with § 7. Downtime of more than eight hours are to be expected, the operator has to take additional measures and notify the competent authority thereof without delay.
Part four requirements for legacy assets § 14 transitional arrangements (1) for old plants apply the requirements of this regulation after a period of five years after entry into force of this regulation.
(2) a biological waste treatment plant expands by building one or more other treatment facilities in such a way that the existing treatment facilities to be built, making a collective investment, the requirements for the new building treatment facilities under the provisions of the second and third part and the requirements for the existing facilities is determined according to the rules of the fourth part of this regulation.
Fifth part of common rules article 15 has informing the public of the biological waste treatment plant operators to inform the public after initial calibration of the measuring device for the continuous determination of emissions according to § 8 para 4 and initial measurements according to article 11, paragraph 1 once a year and after measurements in accordance with § 11 paragraph 3 related to the evaluation of the measurements of emissions. The competent authority can set type and form of public notification. Sentences 1 and 2 shall not apply to such information, from which conclusions on operational or business secrets can be drawn. By way of derogation from sentences 1 and 2 operators of companies can in the directory of Regulation (EEC) no 1836/93 of 29 June 1993 allowing voluntary participation of industrial companies in a Community eco-management and audit (OJ EC No. L 168, p. 1) are registered, informing replace public documents that have been developed within the framework of the environmental management system, provided that the necessary information is included.

16 approval of exceptions by way of derogation from the in § 5 para 1 sentence 1 set containment facilities to the biological treatment or their execution in closed rooms with locks and § 5 para 2 set full supply of the arising during the composting process exhaust gas to a flue gas cleaning the competent authority at the request of the operator in a multistage biological treatment may allow a treatment under aerobic conditions (after rotting) in not encapsulated devices or not enclosed space without exhaust gas collection and abatement , if the waste intended for the subsequent composting determines the value of 20 mg 02/g dry matter as breathability according to annex 4 number 3.3.1 of the landfill Ordinance of April 27, 2009 (BGBl. I S. 900), falls and other operational activities ensures that is a precaution against harmful environmental impacts on other wise enough.

Article 17 further requests the powers of the competent authority, other or further requirements, in particular to prevent harmful environmental impacts according to § 5 para 1 to meet no. 1 of the Federal Immission Control Act, remains unaffected.

§ 18 are offences any person in the sense of § 62 para 1 No. 2 of the Federal Immission Control Act, who intentionally or negligently 1 contrary to § 6 improperly constructing a plant or operates incorrectly, 2. contrary to § 8 para 4 sentence 1 not or not timely calibrate a measuring device or not or not timely check can be or the calibration not or not timely reviewed, 3. contrary to article 8, paragraph 4, sentence 2 , Section 10, paragraph 3, sentence 1 or § 12 para 1 sentence 1 not or not timely submit a report, 4. contrary to § 9 sentence 1 not, not properly or fully evaluates the mass concentration of emissions or there called reference size, 5. contrary to article 10, paragraph 3, sentence 2 kept a record of not or at least five years, 6 contrary to section 11, subsection 1, sentence 1 or 2 not or not timely to carry out a measurement can be , 7 contrary to section 13, paragraph 1, sentence 1 a communication does not, incorrectly, incompletely or not in time or 8 contrary to section 15, sentence 1 not, incorrectly, incompletely or not timely informed the public.