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Thirty-fourth ordinance on the implementation of the Federal Immission Control Act (Regulation on noise mapping)

Original Language Title: Vierunddreißigste Verordnung zur Durchführung des Bundes-Immissionsschutzgesetzes (Verordnung über die Lärmkartierung)

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Thirty-fourth Ordinance on the implementation of the Federal Immission Protection Act (Ordinance on Noise Mapping) (34. BImSchV)

Unofficial table of contents

34. BImSchV

Date of completion: 06.03.2006

Full quote:

" Thirty-fourth Ordinance on the Implementation of the Federal Immission Protection Act (Ordinance on Noise Mapping) of 6 March 2006 (BGBl. I p. 516) "

The Regulation provides for the implementation of Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 on the assessment and management of environmental noise (OJ L 327, 30.12.2002, p. EC No 12) in German law.

Footnote

(+ + + Text proof: 16.3.2006 + + +) 
(+ + + Official note from the norm-provider on EC law:
Implementation of the
ERL 49/2002 (CELEX Nr: 302L0049) + + +)

Unofficial table of contents

Input formula

Due to § 47f of the Federal Immission Protection Act, which is defined by Article 1 of the Act implementing the EC Directive on the Assessment and Combating Environmental Noise of 24 June 2005 (BGBl. I p. 1794), the Federal Government shall, after consulting the parties concerned, arrange: Unofficial table of contents

§ 1 Scope

This Regulation shall apply to the mapping of environmental noise. It specifies requirements for noise maps in accordance with § 47c of the Federal Immission Control Act. Unofficial table of contents

§ 2 Larmindices

(1) The noise indices LDay, LEvening and LNight are the A-weighted equivalent continuous sound level in decibels according to ISO 1996-2: 1987, published by Beuth-Verlag GmbH, 10772 Berlin, and archive-wise at the German Patent and Trademark Office in Munich, where the assessment period is one year and the provisions shall be made on all days in the following periods:
1.
LDay: 12 hours, starting at 6 o'clock,
2.
LEvening: 4 hours, starting at 6:00 p.m.,
3.
LNight: 8 hours, starting at 22.00.
One year is the decisive year for the emission of sound and an average calendar year in terms of weather conditions. (2) The noise indicator LDEN in decibels is defined as follows:

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§ 3 Data collection and data transmission

(1) In so far as the authorities responsible for the development of noise maps are unable to draw on stocks, they may order that existing data required for the development of noise maps, as well as existing data, be available to them in accordance with § § 4 and 5. Results data for noise maps shall be made available free of charge by
1.
Railway infrastructure undertakings for the environmental noise caused by railways,
2.
Transport undertakings for the environmental noise caused by trams within the meaning of Article 4 of the Passenger Transport Act,
3.
operators of traffic airports for the environmental noise caused by aircraft in the vicinity of airports;
4.
plant operators and operators of ports for the environmental noise caused by installations and ports pursuant to Article 4 (1) (5);
5.
Carriers of the road load for the environmental noise caused by road traffic.
Where the collection of data is necessary for the preparation of the noise maps, operators and undertakings shall be obliged to participate in accordance with the first sentence, in particular, during the normal business hours, entering into service land and rooms, to make facilities and facilities available, or to make available any existing documentation. Section 52 (5) and (7) of the Federal Immission Protection Act applies accordingly. (2) The municipalities have the data necessary for the noise maps on the resident population affected by the environmental noise, where available, the data for the elaboration of the noise maps (3) Other authorities shall make available to the authorities responsible for the preparation of the noise maps the data available there and necessary for the noise maps free of charge. Unofficial table of contents

§ 4 Development of noise maps

(1) Noise maps for agglomerations shall cover all the main sources of noise situated in it, and shall also cover all the main sources of noise
1.
other roads,
2.
other railways of railways in accordance with the General Railway Act,
3.
Rail routes of trams within the meaning of Section 4 of the Passenger Transport Act,
4.
other airfields for civil aviation,
5.
Industrial or commercial premises on which one or more installations are located in accordance with Annex I to Council Directive 96 /61/EC of 24 September 1996 concerning integrated pollution prevention and control, including ports, for domestic or maritime transport, with a total turnover of more than 1.5 million tonnes per year;
in so far as these other sources of noise give rise to significant environmental noise. (2) The development of noise maps has separated for each type of noise (road noise, rail noise, aircraft noise, industrial and commercial noise, including port noise) on the basis of the Noise Dices L (deep) DEN and L (deep) Night to be made. (3) Noise maps must be georeferenced. All data are to be kept in a form that allows for their digital processing. Noise maps are to be produced in electronic form; they must be produced in a physical form. (4) Noise maps consist of:
1.
a graphical representation of the noise situation with the isophones bands for
a)
the L (deep) over 55 dB (A) to 60 dB (A), more than 60 dB (A) to 65 dB (A), over 65 dB (A) to 70 dB (A), more than 70 dB (A) to 75 dB (A), and more than 75 dB (A), and
b)
the L (low) night above 50 dB (A) to 55 dB (A), over 55 dB (A) to 60 dB (A), more than 60 dB (A) to 65 dB (A), over 65 dB (A) to 70 dB (A) and more than 70 dB (A), and optionally above 45 dB (A) to 50 dB (A),
with the colors according to DIN 18005 part 2, edition September 1991, published by Beuth-Verlag GmbH, 10772 Berlin, and archive moderately deposited at the German Patent and Trademark Office in Munich, Germany,
2.
a graphic depiction of the exceeding of a value in which noise protection measures are considered or introduced,
3.
tabular data on the estimated number of people living in areas within the Isophone bands referred to in point 1, the assessment referred to in paragraph 5 being taken,
4.
a general description of the main sources of noise by location, size and volume of traffic,
5.
a description of the environment: agglomerations (location, size, number of inhabitants), towns, villages, rural areas or non-rural areas, land use, other main sources of noise,
6.
information on existing and ongoing noise plans and noise protection programmes;
7.
a tabular indication of noise-laden areas and the estimated number of homes, schools and hospitals in those areas, in accordance with paragraph 6,
8.
Information on the competent authorities responsible for noise mapping.
Additional text and information can be used in the noise maps. (5) The number of people exposed to environmental noise in their homes (paragraph 4, first sentence, no. 3) must be given separately for each type of noise. The figures are to be set up or down to the nearest hundred places. (6) The total area of the areas exposed to noise (paragraph 4, first sentence, point 7) shall be indicated. The indication shall be given in square kilometres and shall be broken down according to L (deep) DEN values above 55 dB (A), over 65 dB (A) and more than 75 dB (A). The same applies to the number of homes, schools and hospitals. The number of apartments is to be rounded to 100 apartments. Unofficial table of contents

§ 5 Calculation procedure

(1) Noise indices shall be calculated in accordance with procedures corresponding to the generally accepted rules of technology. The calculation methods shall be
1.
for the noise levels in accordance with § 4 (1) No. 1 to 3 of the Federal Ministry of Transport, Building and Urban Development,
2.
for aircraft noise (§ 4 para. 1 no. 4) of the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety in agreement with the Federal Ministry of Transport, Building and Urban Development,
3.
for industrial and commercial public (Section 4 (1) no. 5) of the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety
(2) The calculation points for the determination of L (deep) DEN and L (deep) Night for noise pollution in the vicinity of buildings are located at a height of four metres above the ground. (3) For the determination of the Number of burdensome numbers according to § 4 (5) are the calculation points on the building facade. In this case, the last reflection on the building facade on which the calculation point lies is not taken into account. A grid of 50 meters by 50 meters or less is to be used for the surface representation of the noise pollution in accordance with § 4 (4). (4) The Federal Office of Cartography and Geodesy is responsible for the development of noise maps. Authorities centrally available the Digital Terrain Model for Germany (DGM-D). If more detailed geographical data are available in the countries, they may be used in addition to the DGM-D. (5) For each type of noise, the same building and population data shall be used for the calculation. The same applies to other structures on the propagation path. Unofficial table of contents

§ 6 Transmission of noise maps

(1) The competent authorities pursuant to Section 47e (2) and (3) of the Federal Immission Protection Act shall transmit within four months, in accordance with the deadlines laid down in Section 47c (1) of the Federal Immission Protection Act, the Federal Ministry for the Environment, Nature Conservation and Nature Conservation and Reactor safety or a body designated by it the complete noise maps. (2) The authorities responsible pursuant to Section 47e (1) of the Federal Immission Protection Act shall transmit to the authorities referred to in § 47c (1) of the Federal Immission Protection Act (Bundes-Immissionsschutzgesetz) Time limits for the supreme state authorities or the bodies designated by them complete noise maps. Unofficial table of contents

Section 7 Information to the public on noise maps

Appropriate copies of the noise maps, which serve to inform the public, shall be disseminated by the competent authorities in accordance with Section 47e (1) and (3) of the Federal Immission Control Act. The dissemination of noise maps must be carried out in accessible formats and easily accessible formats for the public. If necessary, a summary shall be made available to the public with the most important points. Electronic means of communication are to be used for distribution, where available. The requirements for informing the public can also be fulfilled by setting up links to Internet sites on which the noise maps to be disseminated are to be found. Unofficial table of contents

Section 8 Entry into force

This Regulation shall enter into force on 16 March 2006. Unofficial table of contents

Final formula

The Federal Council has agreed.