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)

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The thirty-fourth regulation implementing the Federal Immission Control Act (Ordinance on Noise Mapping) (34. BImSchV)

Non-official table of contents

34. BImSchV

Date of delivery: 06.03.2006

Full quote:

" The thirty-fourth ordinance on the implementation of the Federal Immission Protection Act (Ordinance on Noise Mapping) of 6. March 2006 (BGBl. 516) "

The Regulation is intended to implement Directive 2002/49/EC of the European Parliament and of the Council of 25 June 2000 on the implementation of the European Parliament and Council Directive Evaluation and control of environmental noise (OJ L 327, 22.4.2002, p. EC No 12) in German law.

Footnote

(+ + + Text evidence from: 16.3.2006 + + +)
(+ + + Official note from the normalist on EC law:
Reaction of
EGRL 49/2002 (CELEX Nr: 302L0049) + + +)

Non-Official Table of Contents

Input Formula

Based on § 47f of the Federal Immission Control Act, which is provided for by Article 1 of the law implementing the EC Directive on the evaluation and control of environmental noise of 24. June 2005 (BGBl. I p. 1794), the Federal Government, after consulting the parties concerned, is ordering: Non-official table of contents

§ 1 Scope

application 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. Non-official table of contents

§ 2 Noise indices

(1) The noise indices LDay, LEvening and LNight are the A-weighted equivalent continuous noise levels in Decibel according to ISO 1996-2: 1987, published by Beuth-Verlag GmbH, 10772 Berlin, and archivially deposited at the German Patent and Trademark Office in Munich, with the assessment period being one year and the provisions on all days in following periods:
1.
LDay: 12 hours, starting at 6:00 a.m.,
2.
LEvening: 4 hours, beginning at 18.00,
3.
LNight: 8 hours, starting at 22.00
One year is the decisive year for sound emission and an average calendar year in terms of weather conditions.(2) The noise level LDEN in decibels is defined as follows



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§ 3 Data collection and data transfer

(1) As far as the authorities responsible for the development of noise maps are unable to draw on stocks, they can arrange for them to be provided free of charge to existing noise maps as required by § § 4 and 5 for the development of noise maps, as well as to provide them free of charge for noise maps of
1.
Railway infrastructure companies for the railroads created by railways Environmental noise,
2.
Transport companies for the environmental noise caused by trams within the meaning of Section 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 environmental noise caused by installations and harbours pursuant to § 4 (1) no. 5,
5.
Carriers of road load for the environmental noise caused by road traffic.
If the data collection is required for the development of the noise maps, the data collection is the operators and undertakings, as set out in the first sentence, are obliged to participate, in particular in order to allow the entry into service of premises and premises during normal business hours, to make facilities and facilities available or to to make documents available. Section 52 (5) and (7) of the Federal Immission Protection Act shall apply accordingly.(2) The municipalities shall provide the data necessary for the noise maps, free of charge, on the resident population affected by environmental noise, to the extent that they exist, to the authorities responsible for the development of noise maps.(3) Other authorities shall make available to the authorities responsible for the preparation of noise maps the data available there and necessary for the noise maps free of charge. Non-official table of contents

§ 4 Drafting of noise maps

(1) Noise maps for conurbations extend to all of the noise maps located in it. main noise sources, as well as
1.
other roads,
2.
Other rail ways of Railways, according to 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 listed in Annex I to Council Directive 96 /61/EC of 24 June 1994. (c) the integrated pollution prevention and control system, including ports for domestic or maritime transport, with a total turnover of more than 1.5 million tonnes per year,
other noise sources causing significant environmental noise.(2) The development of noise maps shall be carried out separately for each type of noise (road noise, rail noise, aircraft noise, industrial and commercial vehicles, including port noise) on the basis of the noise indices L (deep) DEN and L (deep) Night.(3) Noise maps must be georeferenced. All data are to be kept in a form that allows for their digital processing. Noise maps shall be drawn up in electronic form; they shall be produced in a physical form.(4) Noise maps are made up of
1.
A graphical representation of the noise situation with the isophones bands for
a)
the L (deep) DEN over 55 dB (A) to 60 dB (A), above 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) up to 70 dB (A) as well as more than 70 dB (A) and optionally more than 45 dB (A) to 50 dB (A),
with the colours according to DIN 18005 part 2, September 1991 edition, published by Beuth-Verlag GmbH, 10772 Berlin, and published in the archives of the German Patent-and Trade mark office in Munich,
2.
a graphic depiction of the exceeding of a value in which noise protection measures are being considered or introduced in the event of exceeding ,
3.
tabular data on the estimated number of people living in areas within the Isophone bands referred to in point 1, with the following:
4.
A general description of the main noise sources by location, size and traffic volume,
5.
a description of the environment: conurbations (location, size, number of inhabitants), cities, villages, rural area or non-rural area, land use, others Main noise sources,
6.
Noise and noise protection plans and noise protection programmes,
7.
a tabular specification of noise-contaminated areas, as well as the estimated number of homes, schools and hospitals in these areas, in accordance with the provisions of paragraph 1 6,
8.
Information about the competent authorities for noise mapping.
Additional text and information can be used in the noise maps.(5) The number of persons exposed to ambient noise in their dwellings (paragraph 4, first sentence, no. 3) shall be given separately for each type of noise. The figures are to be rounded up or down to the nearest hundreds of places.(6) The total area of the areas subject 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. Non-official table of contents

§ 5 Calculation procedure

(1) The noise indices are calculated according to procedures that apply to the generally accepted rules of the Technology. The calculation methods will be
1.
for the noise levels in accordance with § 4 (1) no. 1 to 3 of the Federal Ministry of Economics and Research for transport, construction and urban development,
2.
for aircraft noise (§ 4 para. 1 no. 4) by 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 Premises (§ 4 paragraph 1 no. 5) of the Federal Ministry for the Environment, Nature Conservation and Reactor safety
is specified by publication in the Federal Gazette.(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) The calculation of the number of burials according to § 4 (5) shall be based on the calculation of 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 exposure in accordance with § 4 (4).(4) The Bundesamt für Kartographie und Geodäsie (Federal Office for Cartography and Geodesy) is providing the authorities responsible for the development of noise maps centrally with the Digital Terrain Model for Germany (DGM-D). If more detailed geographical data are available in the countries, they can be used in addition to the DGM-D.(5) For each type of noise, the same building and population data shall be used for each type of noise. The same applies to other structures on the propagation path. Non-official table of contents

§ 6 Transmission of noise maps

(1) The authorities responsible pursuant to Section 47e (2) and (3) of the Federal Immission Protection Act (BundesImmissionsschutzgesetz) within four months of the deadlines laid down in Section 47c (1) of the Federal Immission Protection Act, transmit the complete noise maps to the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety, or to a body designated by it.(2) The competent authorities pursuant to Section 47e (1) of the Federal Immission Protection Act shall communicate to the supreme state authorities or the bodies designated by them to the deadlines set out in Section 47c (1) of the Federal Immission Protection Act (BundesImmissionsschutzgesetz). complete noise maps. A non-official table of contents

§ 7 Information to the public on noise maps

Suitable noise maps to be used to inform the public 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. Non-official table of contents

§ 8 Entry into force

This regulation is 16. March 2006. Non-official table of contents

Final formula

The Bundesrat has agreed.