34Th Ordinance For 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)

Read the untranslated law here: http://www.gesetze-im-internet.de/bimschv_34/BJNR051600006.html

34th Ordinance for the implementation of the Federal Immission Control Act (regulation on noise mapping) (34. BImSchV) 34. BImSchV Ausfertigung date: 06.03.2006 full quotation: "34th Ordinance for the implementation of the Federal Immission Control Act (regulation on noise mapping) from March 6, 2006 (BGBl. I p. 516)" the legal regulation is the implementation of the Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2002 relating to the assessment and management of environmental noise (OJ EC No. L 189, p. 12) into German law.
Footnote (+++ text detection from: 16.3.2006 +++) (+++ official note of the standard authority on EC law: implementation of EGRL 49/2002 (CELEX Nr: 302 L 0049) +++) input formula on the basis of § 47f of the Federal Immission Control Act, by article 1 of the law on the implementation of the EC directive on the assessment and management of environmental noise by 24 June 2005 (BGBl. I p. 1794) is been inserted, enacted the Federal Government after consultation with the interested parties : Article 1 scope this Regulation applies to the mapping of environmental noise. You spelled out the requirements for noise maps according to § 47 c of the Federal Immission Control Act.

The A weighted equivalent continuous sound pressure level in decibels according to ISO 1996-2: 1987, appeared § 2 noise indicators (1) which are noise indicators LDay and LEvening LNight at Beuth-Verlag GmbH, 10772 Berlin, and archive in terms laid down at the German patent and trade mark Office in Munich, where the assessment period is one year, and the provisions on all days during following periods take place: 1. LDay: 12 hours, beginning at 6:00 , 2.
LEvening: 4 hours, beginning at 18:00, 3. LNight: 8 hours, beginning at 22:00.
A year that is decisive and a calendar year average weather conditions for the sound emission.
(2) the noise indicator LDEN in decibels is defined as follows: § 3 data collection and data transmission (1) as far as the authorities responsible for the preparation of noise maps can not rely on stocks, can you organize, that existing, required under the articles 4 and 5 for the preparation of noise maps data and existing results data for noise maps free of charge are provided them by 1. railway infrastructure companies for environmental noise caused by trains , 2 carriers for the ambient noise caused by trams within the meaning of section 4 of the passenger transport Act, 3. operators of airports for the noise caused by aircraft in the vicinity of airports, 4 plant operators and operators of ports for the plants and ports according to § 4 para 1 No. 5 retrieved out ambient noise, 5. the burden of road construction for environmental noise caused by road traffic.
If data collection is necessary for the preparation of noise maps, the operators and companies are obliged to cooperate, in particular, during normal business hours to condone the entering of operating land and nature, to make accessible equipment and facilities or to provide existing documents pursuant to sentence 1. § 52 para 5 and 7 of the Federal Immission Control Act shall apply mutatis mutandis.
(2) the communities have the data required for the noise maps of the population affected by environmental noise, if any, for the preparation of noise maps free of charge available to the competent authorities.
(3) other authorities have to provide the authorities responsible for the preparation of noise maps the data available and required for the noise maps free of charge.

Article 4 preparation of noise maps (1) noise maps for agglomerations cover on all main noise source is located, as well as also on 1 other roads, 2 other railways by railways to the General Railways Act, 3. railways trams within the meaning of section 4 of the passenger transport Act, 4 industrial or commercial premises, where one other airfields for civil air traffic, 5 or plants referred to in annex I of to Directive 96/61/EC of 24 September 1996 concerning the several integrated avoidance and reduction of environmental pollution are, including ports for the inland waterway or seagoing vessels with a total handling capacity of more than 1.5 million tons per year, as far as these other noise sources cause significant environmental noise.
(2) the drafting has separated from noise maps to be made on the basis of the noise indicators L(Tief)den and L(Tief)night for any kind of noise (road noise, rail noise, aircraft noise, industrial, and noise including port noise).
(3) noise maps must be georeferenced. All data are to hold in a form, which allows their digital processing. Noise maps are prepared in electronic form; they must be produced in the physical form.
((4) noise maps consist of 1 a graphical representation of the noise situation with the Isophone bands for a) the L(Tief)den of 55 dB(A) to 60 dB(A), about 60 dB(A) to 65 dB(A), about 65 dB(A) to 70 dB(A), about 70 dB(A) 75 dB(A) and about 75 DB (a) and b) the L(Tief)night about 50 DB (a) to 55 DB (a) , about 55 dB(A) to 60 dB(A), about 60 dB(A) to 65 dB(A), over 65 dB(A) to 70 dB(A) and 70 dB(A) and optional 45 appeared part 2, Edition September 1991, DB (a) up to 50 dB(A), with the colours according to DIN 18005 at Beuth-Verlag GmbH, 10772 Berlin, and archive terms laid down at the German patent and trade mark Office in Munich , 2. a graphic representation of exceeding a value above which noise protection measures are taken or imported, 3. tabular information on the estimated number of people who live in areas which are within the Isophone bands referred to in point 1, where the assessment under paragraph 5 has to be made, 4. a general description of the main sources of noise according to location, size and traffic, 5. a description of the environment : Metropolitan areas (location, size, number of inhabitants), cities, villages, rural area or non-rural area, land use, other major noise sources, conducted 6 information on and running noise action plan and noise-control programmes, 7 a tabular information about noise-contaminated areas as well as the estimated number of dwellings, schools and hospitals in these areas, in accordance with paragraph 6, 8 information on the competent authorities for the noise mapping.
Additional text explanations and information can be used in the maps.
(5) the number of people exposed in their homes by environmental noise (paragraph 4 sentence 1 No. 3) is separately for every noise type to specify. The figures are up on hundreds, or complete.
(6) the total area of the exposed areas (paragraph 4 sentence 1 No. 7) must be stated. The specification has to be carried out in square kilometers and is to break down after L(Tief)den-Werten about 55 dB(A), about 65 dB(A) and about 75 DB (a). The same applies to the number of dwellings, schools and hospitals. The figure for flats is to round to 100 homes.

Article 5 calculation procedure (1) the noise indices are calculated according to procedures that correspond to the generally accepted rules of technology. The calculation methods are 1 for the types of noise pursuant to § 4 para 1 No. 1 to 3 by the Federal Ministry for traffic, construction and city development, 2nd for aircraft noise (§ 4 para 1 No. 4) by the Federal Ministry for environment, nature protection and reactor safety in consultation with the Federal Ministry of transport, building and urban development, 3 for industrial noise (§ 4 para 1 No. 5) by the Federal Ministry for the environment , Nature conservation and reactor safety defined through publication in the Federal Gazette.
(2) the calculation points for the determination of L(Tief)den and L(Tief)night for noise pollution in the vicinity of buildings lie at a height of four meters above the ground.
(3) for the determination of the Bela tête numbers according to § 4 paragraph 5 are the calculation points on the building facade. In this case, the last reflection on the building facade, on which lies the calculation point, is not considered. Area representing the noise according to § 4 para 4, a grid of 50 metres time is 50 metres or less reason to put.
(4) the Federal Agency for cartography and Geodesy provides digital elevation model for Germany (DTM-D) central authorities responsible for the preparation of noise maps. More detailed geographic data are available in the countries, these can be used in addition to the DGM-D.
(5) for the calculation of the same building and population data are for every noise type to use. The same applies to other buildings on the propagation path.

§ 6 delivery of noise maps (1) after section 47e para 2 and 3 of the Federal Immission Control Act competent authorities shall send within four months after the section 47 c par. 1 of the Federal Immission Control Act listed deadlines the Federal Ministry for environment, nature conservation and nuclear safety, or one he notified body the full noise maps.
(2) that provide competent authorities pursuant to section 47e par. 1 of the Federal Immission Control Act to in section 47 c listed in paragraph 1 of the Federal Immission Control Act limits the Supreme Land authorities or the bodies designated full noise maps.

§ 7 information to the public about noise maps
Appropriate copies of noise maps, which are used to inform the public, disseminated by the competent authorities according to § 47e sections 1 and 3 of the Federal Immission Control Act. The spread of noise maps must be representation understandable for the public and easily accessible formats. If necessary, is a summary of the main points of the public to provide. Electronic means of communication are, if any, used for dissemination. Requirements for informing the public can be met by the fact that links to Internet pages are set up to find where the noise maps to spreading are.

Article 8 entry into force this regulation enters into force on March 16, 2006.

Concluding formula the Federal Council has approved.