Fifth Regulation implementing the Federal Immission Control Act (Ordination on Immission Protection and Accident Officers-5). BImSchV)

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5. BImSchV

Date of completion: 30.07.1993

Full quote:

" Regulation on Immission Protection and Accident Officers of 30 July 1993 (BGBl. 1433), as last amended by Article 4 of the Regulation of 28 April 2015 (BGBl I). 670).

Status:

Last amended by Art. 4 V v. 28.4.2015 I 670

For more details, please refer to the menu under Notes

Footnote

(+ + + Text certificate: 8.8.1993 + + +) 

  

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Input formula

Pursuant to § 58a (1) sentence 2 of the Federal Immission Control Act, as amended by the Notice of 14 May 1990 (BGBl. § 53 (1) sentence 2 and § 55 (2) sentence 3 in conjunction with Section 58c (1) of this Act, the Federal Ministry of the Environment, Nature Conservation and Nuclear Safety (Federal Ministry for the Environment, Nature Conservation and Nuclear Safety) decrees that the Federal Government and the Federal Government shall, after hearing of the parties concerned:

Section 1
Appointment of commissioners

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§ 1 obligation to order

Operators of installations in need of approval referred to in Annex I to this Regulation shall appoint a member of the staff of the Immission Protection Officer. (2) Operators of equipment in need of approval, the operating area or part of a plant. The operating range according to § 1 (1) sentence 2 or of an operating area according to § 1 para. 2 in the case of the accident regulation are to order a company belonging to an accident officer. The competent authority may, at the request of the operator, permit the appointment of an accident officer to be omitted if it is clearly excluded that the risk of an accident from the facility in need of approval is excluded (3) The operator may appoint the same person to the immission protection officer and the accident officer, insofar as this does not affect the proper performance of the tasks. Unofficial table of contents

§ 2 Multiple commissioners

The competent authority may order that the operator of an installation within the meaning of § 1 has to appoint a number of immission protection officers or an accident officer; the number of officers shall be so dimensioned that a proper fulfilment of the obligations in accordance with § § 54 and 58b of the Federal Immission Control Act is guaranteed. Unofficial table of contents

§ 3 Joint Envoy

If several installations are operated by an operator within the meaning of § 1, he or she may appoint a joint immission protection officer or an accident officer for these installations, if this is the result of a proper fulfilment of the provisions of § § 54 and 58b of the The Federal Immission Protection Act is not endangered. Section 1 (3) shall apply accordingly. Unofficial table of contents

§ 4 Envoy for Concerns

The competent authority may, upon request, appoint an operator or a number of operators of installations within the meaning of § 1, grouped under the single management of a dominant undertaking (Group), to order an immission protection or Allow the group division to be responsible for faults, if:

1.

the ruling company is entitled to instructions to the operators in respect of the measures referred to in § 54 (1) sentence 2 no. 1, § 56 (1), § 58b (1) sentence 2 no. 1 and § 58c (2) sentence 1 of the Federal Immission Protection Act, and

2.

the operator appoints one or more persons for his installation, whose technical expertise and reliability ensure that the duties of an operating member of an immission protection officer or an accident officer are fulfilled in accordance with the proper tasks.

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§ 5 Non-operating Officer

(1) Operators of installations within the meaning of Article 1 (1) shall, upon request, permit the competent authority to appoint one or more non-operational immission protection officers, if this is to fulfil the requirements of Article 54 of the (2) Operators of installations within the meaning of § 1 (2) may, upon request, the competent authority to appoint one or more non-operating accident officers. , if this permits the proper fulfilment of the provisions of Section 58b of the The Federal Immission Protection Act is not endangered. Unofficial table of contents

§ 6 Exceptions

The competent authority shall, at the request of the operator of an installation within the meaning of § 1, exempt the operator of an obligation to appoint an immission protection officer or an accident officer if the order in individual cases is based on the provisions of § 53 (1) sentence 1 and § § § 53 (1) and § § 53. Article 58a (1) sentence 1 of the Federal Immission Protection Act is not required.

Section 2
Technical customer and reliability of agents

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§ 7 Requirements to the technical customer

The subject-specific customer in the sense of § 55 paragraph 2 sentence 1 and § 58c (1) of the Federal Immission Protection Act requires

1.

the completion of studies in the fields of engineering, chemistry or physics at a university,

2.

participation in one or more of the courses recognised by the competent authority of the country in which knowledge has been provided in accordance with Annex II to this Regulation, which are necessary for the tasks of the agent; and

3.

in the course of a two-year practical activity, knowledge of the installation for which the agent is to be appointed, or of installations comparable to the duties of the agent,

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§ 8 Requirement of the specialized customer in individual cases

(1) Insofar as a proper performance of the legal duties of the officers is ensured in individual cases, the competent authority may, at the request of the operator, recognise as a prerequisite of the technical customer:

1.

a technical technical training course or, in the case of the immission officer, qualification as a master in a field to which the plant is to be assigned with regard to its plant and process technology or its operation, and in addition

2.

Knowledge acquired during at least four years of practical activity within the meaning of Section 7 (2) and (3), with at least two years having been assigned tasks of the kind referred to in § 54 or § 58b of the Federal Immission Protection Act (BundesImmissionsschutzgesetz) must have been made.

(2) The competent authority may recognise the training in subjects other than those referred to in Article 7 (1) or (1) (1) if the training in this subject is to be regarded as equivalent in individual cases with regard to the task of the case. Unofficial table of contents

§ 9 Requirements for training

(1) The operator shall ensure that the officer participates regularly, at least every two years, in training activities. Participation in training courses within the meaning of Article 7 (2) is also required for further training. (2) Training measures referred to in paragraph 1 shall apply to the substantive areas referred to in Annex II to this Regulation. At the request of the competent authority, the participation of the officer in the course of training activities carried out during the holding or on courses shall be demonstrated. Unofficial table of contents

§ 10 Requirements for reliability

(1) Reliability within the meaning of Section 55 (2) sentence 1 and Section 58c (1) of the Federal Immission Protection Act requires that the officer should be properly responsible for his personal characteristics, behaviour and abilities. (2) The required reliability is usually not provided when the Immission Officer or the Commissioner for Accident Prevention

1.

for breach of the rules

a)

the criminal law relating to offences of common interest or offences against the environment;

b)

of natural and landscape protection, chemicals, genetic engineering or radiation protection law,

c)

the right of food, medicine, plant protection or infection protection,

d)

the right of trade, product safety or employment protection, or

e)

of narcotics, weapons or explosives

has been convicted of a custodial sentence, a juvenile sentence or a fine,

2.

for breach of the rules

a)

the protection of immission, waste, water, nature and landscape protection, soil protection, chemicals, genetic engineering or nuclear and radiation protection law,

b)

the right of food, medicine, plant protection or infection protection,

c)

the right of trade, product safety or employment protection, or

d)

of narcotics, weapons or explosives

has been fined within the last five years with a fine of more than five hundred euros,

3.

has repeatedly and grossly failed to comply with the provisions of point 2; or

4.

has been in breach of his duties as an immission officer, as an accident officer or as an operational officer in accordance with other regulations.

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§ 10a Reaction of non-operating persons

Evidence of non-operating persons from another Member State of the European Union or of another State Party to the Agreement on the European Economic Area concerning the fulfilment of the requirements of this Section shall be National references shall be the same if they show that the person fulfils the requirements in question or the requirements of the issuing State, which are essentially comparable in accordance with the objectives of the person concerned. At the request of the competent authority, they shall be presented in the original or in copies. A certification of the copy can be requested. In addition, the competent authority may require that equivalent documents be submitted in certified German translation. In the case of the temporary and occasional activities of a national of another Member State of the European Union or of another State Party to the Agreement on the European Economic Area, which shall take part in the exercise of a such activity is established in one of these States, and in accordance with the provisions of the second sentence of Article 13a (2) to (5) and the third paragraph of Article 13a (3) of the Industrial Code. In the case of the establishment of such a national, the second sentence of the second sentence of Article 36a (1) and the second subparagraph of paragraph 2 of the Industrial Code shall apply mutamatters to the required technical customer

Section 3
Final provisions

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Section 11 Transitional regime

The requirements of § § 7 and 8 shall not apply to immission protection officers who have been appointed in accordance with the regulations in force until now. Unofficial table of contents

§ 12 Entry into force, external force

This Regulation shall enter into force on the day following the announcement, Section 7 (2), on the first day of the sixth calendar month following the proclamation of the date of delivery; .... Decisions by the authorities on the basis of the previous Fifth and the previous Sixth Regulation on the implementation of the Federal Immission Protection Act shall be taken as decisions under this Regulation. Unofficial table of contents

Final formula

The Federal Council has agreed. Unofficial table of contents

Annex I (to § 1 (1))

For installations in need of approval in the following numbers in Annex 1 to the Regulation on approved installations of 2 May 2013 (BGBl. I p. 973), an immission protection officer shall be appointed:

1.

Installations according to point 1.1 with a thermal output of

a)

solid or liquid fuels of 150 megawatts or more, or

b)

gaseous fuels of 250 megawatts or more;

2.

Installations according to point 1.2.4 with a thermal output of 10 megawatts or more;

3.

Installations according to point 1.10;

4.

Installations according to point 1.11;

5.

Installations as set out in point 1.12;

6.

Installations according to 1.14.1;

7.

Installations according to item 1.14.2;

8.

Installations according to point 2.3;

9.

Installations according to point 2.5 and no. 2.6;

10.

Installations according to point 2.8;

11.

Installations according to point 3.1;

12.

Installations according to item 3.2.2.1;

13.

Installations according to point 3.3;

14.

Installations according to point 3.4 with a melting capacity of

a)

10 tonnes of zinc or zinc alloys, or more per day,

b)

5 tonnes of light metal or more per day, or

c)

10 tonnes of heavy metal or more per day;

15.

Installations according to point 3.7;

16.

Installations according to item 3.8;

17.

Installations as specified in point 3.9.1.1, excluding continuous galvanising equipment in accordance with the Sendzimir method, with a processing capacity of 10 tonnes or more per hour;

18.

Installations according to point 3.9.2 with a throughput of 50 kilograms or more per hour;

19.

Installations according to point 3.18;

20.

Installations according to point 3.21 with a production capacity of 1 500 units or more starter batteries or industrial battery cells per day;

21.

Installations according to point 4.1;

22.

Installations according to point 4.2;

23.

Installations according to point 4.4;

24.

Installations according to point 4.5;

25.

Installations according to point 4.6;

26.

Installations according to paragraph 4.7;

27.

Installations as specified in point 5.1.1.1 in which organic solvents according to item 5.1.2.1 are used, with a consumption of such organic solvents of 500 kilograms or more per hour;

28.

Installations according to point 5.1.1.1, unless covered by No 27, with a consumption of organic solvents of 250 kilograms or more per hour;

29.

Installations according to point 5.2.1;

30.

Installations according to point 6.1;

31.

Installations according to item 6.3;

32.

Installations according to point 7.3.2;

33.

Installations according to point 7.8;

34.

Installations according to paragraph 7.9;

35.

Installations according to point 7.12;

36.

Installations according to paragraph 7.16;

37.

Installations referred to in point 8.1;

38.

Installations according to item 8.3.1;

39.

Installations according to item 8.4;

40.

Installations according to point 8.5.1;

41.

Installations according to item 8.7;

42.

Installations as specified in No 8.8;

43.

Installations according to No 8.9.1;

44.

Installations according to No 8.12.1;

45.

Installations as defined in point 8.14, where hazardous waste is stored;

46.

Installations according to point 8.15 with a capacity of 100 tonnes or more per day.

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Annex II

Source of the original text: BGBl. I 1993, 1439A. Expert of immission protection officers
The knowledge must cover the following areas:

1.

Plant and process technology, taking into account the state of the art;

2.

monitoring and limitation of emissions and procedures for the identification and evaluation of immissions and adverse environmental impacts;

3.

Preventive fire and explosion protection;

4.

Environmental characteristics of products, including methods of recovery and recycling;

5.

chemical and physical properties of pollutants;

6.

Prevention and proper and harmless recovery and disposal of waste;

7.

Energy saving, use of existing heat in the plant, in operation or by third parties;

8.

Provisions of environmental law, in particular the right of immission protection.

During practical activities, the ability to express opinions on investment decisions and the introduction of new processes and products should be communicated and the members of the staff concerned should be informed about the requirements of the protection of the immission informate.B. Expertise of Incident Representatives
The knowledge must cover the following areas:

1.

plant and process engineering, taking into account the state of the art of safety technology;

2.

chemical, physical, human and ecotoxicological properties of the substances and mixtures which are intended to be present in the plant as intended, or which may arise in the event of a disturbance, and their possible effects in the event of a malfunction;

3.

operational safety organisation;

4.

Prevention of incidents and limitation of interference effects;

5.

Preventive fire and explosion protection;

6.

Preparation, updating and assessment of safety reports (basic knowledge) as well as operational alarm and security plans;

7.

Assessment of safety-related documents and evidence of installation, operational monitoring, maintenance, maintenance and outage of equipment;

8.

Monitoring, assessment and limitation of emissions and immissions in the event of disturbances in the operation of the holding;

9.

environmental legislation, in particular the right to immission protection, the law of technical safety and health and safety, the right to hazardous substances and civil protection law;

10.

Information to the public according to § 11 of the Incident Regulation.

During practical work, the ability to deliver opinions on investment decisions and the planning of operating facilities, as well as the introduction of working methods and working materials, will also be provided.