Fifth Ordinance For The Implementation Of The Federal Immission Control Act

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

Read the untranslated law here: http://www.gesetze-im-internet.de/bimschv_5_1993/BJNR143300993.html

Fifth Ordinance for the implementation of the Federal Immission Control Act (Ordinance on Immission protection and accident Commissioner - 5th BImSchV) 5. BImSchV Ausfertigung date: 30.07.1993 full quotation: "regulation on emission control and incident officers of 30 July 1993 (BGBl. I p. 1433), most recently by article 4 of the Decree of April 28, 2015 (BGBl. I p. 670) has been changed" stand: last amended by art. 4 V v. 28.4.2015 I 670 for details on the stand number you see in the menu see remarks footnote (+++ text detection from) : 8.8.1993 +++) input formula on the basis of section 58a para 1 sentence 2 of the Federal Immission Control Act as amended by the notice of 14 May 1990 (Federal Law Gazette I p. 880) ordered the Federal Government and on the basis of § 53 para 1 sentence 2 and section 55 subsection 2 sentence 3 in conjunction with § 58 c para 1 of this Act enacted the Federal Ministry for environment, nature conservation and nuclear safety, each after consultation of interested parties : Section 1 appointment of officers section 1 obligation to order (1) operators of licensable installations referred to in annex I to this regulation have to order an immission protection officer employees.
(2) operators of approval of plants that are this section 1, subsection 1, sentence 2 or one operating range, or part of an operating range according to § 1 para 2 of insofar equals operating range according to the major accidents Ordinance, have appointed a DBE officer employees. The competent authority may allow on application by the operator, ordering an accident officer is omitted if it is obviously excluded that the risk of an incident can be expected by the licensable plant.
(3) the operator can order the same person to the pollution and accident Commissioner, as far as this the proper fulfilment of the tasks is not affected.

Several officers that competent authority may arrange section 2, that the operator of an installation within the meaning of § 1 has to order several anti-pollution or incident officer; the number of officers is to be such that a proper fulfillment of section 54 and 58 b of the Federal Immission Control Act remains designated tasks in.

Section 3 of common representative be an operator several schemes within the meaning of § 1 operated by, so he can order a common emission control or incident officer for these plants, as long as a proper fulfilment of in the §§ 54 and 58 b of the Federal Immission Control Act does not endanger designated tasks. § 1 paragraph 3 shall apply mutatis mutandis.

Section 4 of the Commissioner of corporations can the competent authority an operator or several operators of plants within the meaning of § 1, which are grouped under the single leadership of a dominant company (Group), at the request of the order of pollution or incident officer for the Division allow if 1 the ruling company operators opposite to instructions with regard to the in article 54, paragraph 1, sentence 2 No. 1 , § 56 para 1, § 58 para 1 sentence 2 No. 1 and section 58 c para 2 sentence 1 of the Federal Immission Control Act is entitled measures and 2 the operator on his investment ordered one or more persons, whose expertise and reliability ensured a proper fulfilment of the tasks of employees of pollution or incident officer.

§ 5 not members responsible for (1) operators of plants within the meaning of § 1 para 1, the competent authority on request to order one or more non-operating member of Immissions protection officer permit, if this a proper performance of the tasks referred to in article 54 of the Federal Immission Control Act is not endangered.
(2) operators of plants within the meaning of § 1 para 2 the competent authority on request may order one or more non-operating member of incident officer permit, if this § 58 b of the Federal Immission Control Act referred to in a proper fulfilment of the tasks is not endangered.

Article 6 exceptions the competent authority has to free the operator of an installation in the sense of § 1 of the obligation to order a pollution or incident officer when the order in individual cases for the reasons referred to in section 53, paragraph 1, sentence 1 and section 58a para 1 sentence 1 of the Federal Immission Control Act is not required on application.
Section 2 technical qualification and reliability of authorized section 7 requirements on the expertise the expertise within the meaning of § 55 para 2 sentence 1 and § 58 c par. 1 of the Federal Immission Control Act requires 1 the completion of studies in the fields of engineering, chemistry, or physics at a University, 2. the participation in one or more of the competent national law recognised courses , according to annex II to this regulation have been knowledge where, that are required for the tasks of the Ombudsman, and 3 during a two-year practical activities acquired knowledge of the facility, for which the Commissioner shall be appointed, or on facilities that are comparable in terms of the tasks of the Ombudsman.

§ 8 condition of vocational skills in individual cases (1) as far as a proper fulfilment of the duties of the Commissioner is ensured in some cases, may recognise the competent authority at the request of the operator as a condition of the vocational skills: 1. a technical trade school or in the case of the Immissions protection officer qualification as a master on an area of expertise, to associate the facility with regard to their equipment and technology or their operation to the is , and in addition 2. knowledge acquired during an at least four-year practical activities within the meaning of § 7 No. 2 and 3, where tasks for at least two years 58 b of the Federal Immission Control Act designated type must be taken out the in article 54 or article.
(2) the competent authority can training in others as in § 7 No. 1 or paragraph acknowledge 1 No. of 1 fields referred to, where the education in this subject with regard to the task in a particular case as equivalent to look at is.

§ 9 requirements for the training of (1) the operator has to ensure, that the officer, at least every two years, participates regularly in training. No. 2 is needed to the training participation in courses within the meaning of § 7.
(2) training measures referred to in paragraph 1 extends on the matters shall referred to in annex II to this regulation. On request of the competent authorities, the participation of Ombudsman training activities carried out in the operating or courses is to prove.

§ 10 requirements to the reliability of (1) the reliability in the sense of § 55 para 2 sentence 1 and § 58c par. 1 of the Federal Immission Control Act requires that the Commissioner is suitable on the basis of his personal qualities, his behavior and his skills to the proper performance of the duties.
(2) the reliability is usually omitted if the Immissions protection officer or the incident Officer 1 due to violation of the regulations of a) of criminal law about larcenous offences or offences against the environment, b) of nature and landscape protection, chemicals, genetic engineering or radiation protection law, c) of food, medicines, pesticides or infection protection law, d) of the commercial, product safety or labour protection law, or e) of narcotics, weapons or explosives right to imprisonment , Youth penalty or fine is res judicata, 2nd due to infringement of the rules of a) of pollution, waste, water, nature and landscape protection, soil protection, chemicals -, genetic engineering or nuclear - and radiation protection law, b) of food, medicines, pesticides or infection protection law, c) of commercial, product safety or labour protection law, or d) of narcotics, weapons or explosives right within the last five years with a fine amounting to more than five hundred euro is been is , 3rd reviewed and has gross legal breach of rules referred to in point 2 or 4 has violated his duties as a pollution prevention officer, incident officer or operating officer under other provisions.

Article 10a evidence not member of the operating people
Wise to non-operating member persons from another Member State of the European Union or another Contracting State to the agreement on the European economic area through compliance with the requirements of this section are equal domestic evidence if from them indicating that the person meets the relevant requirements or essentially comparable on the basis of their objective requirements of the exhibition State. They shall be provided on request by the competent authority in the original or copy. A certification of of copy of the may be required. The competent authority may also require that equivalent record in certified German translation be submitted. In case of temporary and only occasional activities of nationals of another Member State of the European Union or another Contracting State to the agreement on the European economic area, which is established for the exercise of such an activity in one of these States, domestic, § 13a paragraph 2 sentence 2 to 5 and paragraph 3 of the industrial code shall apply accordingly. Article 36a, paragraph 1, sentence 2 and paragraph 2 of the commercial also applies in case of establishment of such nationals with regard to the necessary expertise.
Section 3 final provisions article 11 transitional requirements of paragraphs 7 and 8 shall not apply to pollution officers, who are appointed in accordance with the existing regulations.

Article 12 entry into force, expiry this Regulation shall on the day after the announcement, article 7 of on the announcement following no. 2 on the first day of the sixth month in power. .... Official decisions on the basis of the previous fifth and the previous sixth Ordinance for the implementation of the Federal Immission Control Act as decisions under this Regulation shall continue to apply.

Concluding formula the Federal Council has approved.

Annex I (to article 1 paragraph 1) for installations requiring a permit, in the following numbers of annex 1 of the Ordinance on installations requiring a permit from May 2nd, 2013 (BGBl. I p. 973) are listed in a pollution prevention officer is to order: 1 systems according to no. 1.1 with a rated thermal input at a) solid or liquid fuels from 150 megawatts or more, or b) gaseous fuels by 250 megawatts or more;
2. installations to number 1.2.4 with a thermal output of 10 MW or more;
3. equipment for no. 1.10;
4. installations after no. 1.11;
5. installations after no. 1.12;
6 installations after no. 1.14.1;
7 plants after no. 1.14.2;
8 systems according to no. 2.3;
9 plants no. 2.5 and no. 2.6;
10 plants after no. 2.8;
11 plants no. 3.1;
12 plants after no. 3.2.2.1;
13 plants according to no. 3.3;
14 plants after no. 3.4 with a melting capacity of a) 10 tonnes of zinc and zinc alloys or more per day, b) 5 tonnes of alloy or more per day or c) 10 tonnes heavy metal or more per day.
15 plants after no. 3.7;
16 plants after no. 3.8;
17 plants after no. 3.9.1.1, except equipment for continuous galvanizing according to the Sendzimirverfahren, with a processing capacity of 10 tonnes or more raw material per hour;
18 facilities after no. 3.9.2 with a throughput of 50 kilograms or more per hour;
19 installations to no. 3.18;
20 plants after no. 3.21 with a production capacity of 1 500 units or more batteries or industrial battery cells per day.
21 plants after no. 4.1;
22 systems according to no. 4.2;
23 plants after point 4.4;
24. installations for no. 4.5;
25 plants after no. 4.6;
26 plants after no. 4.7;
27 plants after no. 5.1.1.1, in which organic solvents used for no. 5.1.2.1 with a consumption of such organic solvents of 500 kilograms or more per hour;
28 plants after no. 5.1.1.1, if not by no. 27 captured, with a consumption of organic solvents by 250 kg or more per hour;
29 plants after no. 5.2.1;
30 equipment according to no. 6.1;
31 plants after no. 6.3;
32. equipment for no. 7.3.2;
33. investments according to no. 7.8;
34. equipment for no. 7.9;
35. plants after no. 7.12;
36. systems ACC. No. 7.16;
37. systems ACC. No. 8.1;
38. systems ACC. No. 8.3.1;
39. plants after no. 8.4;
40. systems ACC. No. 8.5.1;
41. systems ACC. No. 8.7;
42. systems ACC. No. 8.8;
43. systems ACC. No. 8.9.1;
44. investments according to no. 8.12.1;
45. systems after no. 8.14, if hazardous waste is stored;
46. plants after no. 8: 15 with a capacity of 100 tons or more waste per day.

Annex II site of the original text: Federal Law Gazette I 1993, 1439 A. expertise of immission protection officer knowledge must include cover: 1. equipment and technologies, taking into account the State of the art;
2. monitoring and limitation of emissions, as well as procedures for the identification and evaluation of pollution and adverse environmental impacts;
3. preventive fire - and explosion protection;
4. significant environmental properties of products including procedures for the recovery and recycling;
5. chemical and physical properties of pollutants;
6. Prevention and proper and harmless recycling and disposal of waste;
7 energy saving, use any heat in the plant, in operation or by a third party;
8 rules of environmental law of in particular of the anti-pollution law.
During practical activities, the ability to are taught to give opinions on investment decisions and the introduction of new processes and products and to inform the employees about matters of immission protection.
B. expertise of incident officer knowledge must include cover: 1. equipment and technologies, taking into account the level of safety engineering;
2. chemical, physical, human and ecotoxicological properties of substances and mixtures, which are intended in the plant or malfunction can cause as well as their impacts in case of failure;
3. operational security organisation;
4. Prevention of accidents and limiting effects of the incident;
5. preventive fire - and explosion protection;
6 creation, update and assessment of safety reports (basic knowledge) as well as operational alarm and hazard response plans;
7 assessment of safety-technical documentation and evidence to the establishment, monitoring, maintenance, maintenance and interruption of operation of facilities;
8 monitoring, assessment and limitation of emissions and Immissions in disorders of the operation as directed;
9 rules of environmental law, in particular of the anti-pollution law, right of technical security and technical occupational health and safety, of dangerous substance law and of civil rights;
10 information to the public pursuant to section 11 of the major accidents Ordinance.
During practical activities to also has the ability to be taught to submit comments to investment decisions and the planning of facilities, as well as the introduction of working methods and substances.