Fifth Ordinance For The Implementation Of The Federal Immission Control Act

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

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

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5. BImSchV

Date of delivery: 30.07.1993

Full quote:

" Regulation on Immission Protection and Accident Officers of 30. July 1993 (BGBl. 1433), which was last amended by Article 4 of the Regulation of 28 June 2008. April 2015 (BGBl. I p. 670) has been changed "

:Last modified by Art. 4 V v. 28.4.2015 I 670

See Notes

Footnote

(+ + + Text Evidence: 8.8.1993 + + +)

for more details on how to stand. name="BJNR143300993BJNE000400307 " />Non-Official Table of Contents

Input Formula

Based on § 58a (1) sentence 2 of the Federal Immission Protection 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 (BMU) decrees that the Federal Government and the Federal Government shall, after hearing the Stakeholders involved:

Section 1
Order of Representative

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§ 1 obligation to order

(1) Operators of the approved plants listed in Annex I to this Regulation must appoint a company's Immission Protection Officer to order.(2) Operators of equipment in need of approval, the operating range or part of an operating area according to § 1 (1) sentence 2 or of an operating area treated in accordance with § 1 paragraph 2 to the extent that is equivalent to this in accordance with the accident regulation, have a Order members of the operating personnel to order the accident officer. The competent authority may, at the request of the operator, allow 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 can go out.(3) The operator may order the same person to the immission protection officer and the accident officer, insofar as this does not affect the proper performance of the tasks. Non-official table of contents

§ 2 Multiple agents

The competent authority may order that the operator of an installation within the meaning of § 1 The number of officers shall be so dimensioned that a proper performance of the tasks specified in § § 54 and 58b of the Federal Immission Protection Act is ensured. Non-official table of contents

§ 3 Joint commissioner

If several plants are operated by an operator within the meaning of § 1, he/she may be responsible for this Appoint a joint immission protection officer or an accident officer if this does not endanger the proper performance of the tasks referred to in § § 54 and 58b of the Federal Immission Protection Act. Section 1 (3) shall apply accordingly. Non-official table of contents

§ 4 Concerto for conglomerates

The competent authority may be an operator or a number of operators of plants within the meaning of § 1, which are grouped together under the uniform management of a ruling undertaking (Group), on request allow the appointment of an immission protection officer or an accident officer for the group area, if
1.
the ruling company the operator with respect to the instructions regarding the second sentence of § 54 (1) No. 1, § 56 (1), § 58b (1) sentence 2 no. 1 and § 58c (2) sentence 1 of the Federal Immission Protection Act is entitled and
2.
the operator for his/her Installation of one or more persons whose technical expertise and reliability ensures that the tasks of a company-affiliated immission protection officer or an accident officer are fulfilled.
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§ 5 Non-operating agents

(1) operators of assets within the meaning of § 1 para. 1 shall be appointed by the competent authority upon request to order one or more If this does not endanger the proper performance of the tasks referred to in § 54 of the Federal Immission Protection Act, a number of non-members of the immission protection officer shall not be allowed to fulfil this task.(2) Operators of installations within the meaning of section 1 (2) may, upon request, permit the competent authority to appoint one or more non-operating fault officers, if this provides for the proper fulfilment of the provisions of section 58b of the The Federal Immission Protection Act is not endangered. Non-official table of contents

§ 6 Exceptions

The competent authority, on request, has the operator of an installation within the meaning of § 1 of the obligation to If the order is not required in the individual case from the points of view mentioned in § 53 (1) sentence 1 and § 58a (1) sentence 1 of the Federal Immission Protection Act, the order of an immission protection officer or an accident officer shall be exempted from the order. name="BJNR143300993BJNG000200307 " />

Section 2
Specialized Customer and Reliability of Representative

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§ 7 Requirements for the technical customer

The subject-specific customer in the sense of § 55 (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.
the participation in one or more courses recognised by the competent authority under national law, in which knowledge is conveyed in accordance with Annex II to this Regulation , which are necessary for the tasks of the Representative, and
3.
knowledge acquired during a two-year practical activity on the installation for which: the agent is to be appointed, or through assets that are comparable to the tasks of the officer.
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§ 8 Requirements of the technical customer in individual cases

(1) Insofar as a proper performance of the legal duties of the agents is ensured in individual cases, the competent authority may, at the request of the operator, as A prerequisite for the certificate is:
1.
a technical school education or in the case of the Immission protection 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.
during at least four years of practical activity acquired knowledge within the meaning of § 7 Nos. 2 and 3, whereby for at least two years tasks of the in § 54 or § 58b of the (
)
competent authority may recognise the training in subject areas other than those referred to in Article 7 (1) or (1) (1), if the training in this subject is The subject must be regarded as equivalent in the individual case with regard to the task. Non-official table of contents

§ 9 Requirements for advanced training

(1) The operator must ensure that the agent regularly, at least every two years, to take part in training. Participation in training courses within the meaning of § 7 No. 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. Non-official table of contents

§ 10 Reliability Requirements

(1) Reliability within the meaning of Section 55 (2), first sentence, and 58c (1) of the Federal Immission Protection Act requires that the agent be suitable for the proper performance of the tasks assigned to him on the basis of his personal characteristics, his behaviour and his abilities.(2) The required reliability is generally not given when the immission officer or the fault representative
1.
because of violation of the rules
a)
of criminal law on community-related offences or offences against the environment,
b)
of nature-and Landscape protection, chemicals, genetic engineering or radiation protection law,
c)
of the food, pharmaceutical, plant protection, or Infection protection right,
d)
of the trade, product safety or health protection law, or
e)
the narcotics, weapons, or explosives right
has been sentenced to imprisonment, juvenile punishment, or fine,
2.
because of violation of the rules
a)
the immission protection, waste, water, natural and landscape protection, soil protection, chemicals, genetic engineering or nuclear and radiation protection law,
b)
the food, pharmaceutical, phytosanitary or infection protection right,
c)
of the trade, Product safety or labor rights or
d)
the narcotics, weapons, or explosives right
within the last five years with a fine in The amount of more than five hundred euros has been used,
3.
has repeatedly and grossly violated the provisions of point 2, or
4.
his duties as an immission officer, an incident officer, or an operational officer after other regulations have been violated.
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§ 10a Non-operating person's evidence of non-working persons

evidence of non-operating persons from another The Member State of the European Union or any other State Party to the Agreement on the European Economic Area concerning the fulfilment of the requirements of this Section shall be equal in national evidence, if it indicates that the The person concerned satisfies the requirements of the issuing State or the requirements of the issuing State, which are essentially comparable in accordance with its objectives. 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 (2) of the Industrial Code. In the case of the establishment of such a national, the requirements of Section 36a (1) sentence 2 and the second paragraph of the Industrial Code shall apply in accordance with the required technical customer.

Section 3
Final Provisions

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§ 11 Transitional Regulation

The requirements of § § 7 and 8 do not apply to Immission protection officers who have been appointed in accordance with the rules in force so far. Non-official table of contents

§ 12 Entry into force, expiry date

This regulation occurs on the day after the announcement, § 7 No. 2 on the first day of the the sixth calendar month following the announcement in force; .... 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. Non-official table of contents

Final formula

The Federal Council has agreed. Non-official table of contents

Annex I (to § 1 paragraph 1)

For assets requiring approval, which are listed in the following numbers in Annex 1 to the Regulation Installations in need of approval of 2 May 2013 (BGBl. 973), an Immission Protection Officer must be appointed:
1.
Assets 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.
Assets No. 1.2.4 with a thermal output of 10 megawatts or more;
3.
Assets according to point 1.10;
4.
Assets according to No. 1.11;
5.
Assets according to No. 1.12;
6.
Assets according to No. 1.14.1;
7.
Assets according to No. 1.14.2;
8.
Assets according to No. 2.3;
9.
Assets according to No. 2.5 and No. 2.6;
10.
Assets according to No. 2.8;
11.
Assets according to No. 3.1;
12.
Assets according to No. 3.2.2.1;
13.
Assets according to no. 3.3;
14.
Assets according to no. 3.4 with a melting capacity of
a)
10 tons of zinc or zinc alloys or more per day,
b)
5 tons of light metal or more per day or
c)
10 tons of heavy metal or more per day;
15.
Assets by number 3.7;
16.
Assets according to point 3.8;
17.
Assets according to point 3.9.1.1, excluding attachments to the Continuous galvanising according to the Sendzimir method, with a processing capacity of 10 tonnes or more per hour;
18.
Equipment according to point 3.9.2 with a Throughput of 50 kilograms or more per hour;
19.
Assets according to No. 3.18;
20.
Assets according to No. 3.21 with a production capacity of 1 500 units or more starter batteries or industrial battery cells per day;
21.
Assets according to no. 4.1;
22.
Assets according to No. 4.2;
23.
Assets according to No. 4.4;
24.
Assets according to No. 4.5;
25.
Assets according to No. 4.6;
26.
Assets under No. 4.7;
27.
Assets according to 5.1.1.1, where organic solvents are in accordance with item 5.1.2.1 , with a consumption of such organic solvents of 500 kilograms or more per hour;
28.
Assets according to Nos. 5.1.1.1, unless point 27 , with a consumption of organic solvents of 250 kilograms or more per hour;
29.
Assets according to point 5.2.1;
30.
Assets according to No. 6.1;
31.
Assets according to No. 6.3;
32.
Assets according to No. 7.3.2;
33.
Assets according to No. 7.8;
34.
Assets according to No. 7.9;
35.
Assets according to No. 7.12;
36.
Assets according to No. 7.16;
37.
Assets according to No. 8.1;
38.
Assets according to No. 8.3.1;
39.
Assets according to No. 8.4;
40.
Assets according to No. 8.5.1;
41.
Assets by No. 8.7;
42.
Assets by No. 8.8;
43.
Assets according to No. 8.9.1;
44.
Assets according to No. 8.12.1;
45.
Assets according to No. 8.14, as far as hazardous waste is stored
46.
Assets according to No. 8.15 with a capacity of 100 tonnes or more per day.
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annex II

site of the original text: BGBl. I 1993, 1439A. Immission protection officer
The knowledge must extend to the following areas:
1.
Plant and process engineering, 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.
Reputable properties of products, including recovery and recycling processes;
5.
Chemical and physical properties of pollutants;
6.
Prevention and proper and harmless recovery and disposal of waste;
7.
Energy saving, the use of existing heat in the plant, in operation or by third parties;
8.
Environmental law regulations in particular of the Immission Protection Law.
During the practical activity, the ability to express opinions is to be To make investment decisions and the introduction of new processes and products, and to inform the members of their staff about the protection of immission protection. Expertise of Incident Representatives
The knowledge must be Extend ranges:
1.
Plant and process engineering, taking into account the state of the security technology;
2.
chemical, physical, human and ecotoxicological properties of the substances and mixtures which are present in the plant as intended, or may arise in the event of a malfunction, and their possible effects in the event of a malfunction;
3.
operational security organization;
4.
Preventing Incident and Limiting Incident Effects;
5.
Preventive Brand and Explosion protection;
6.
The production, update and assessment of safety reports (basic knowledge) as well as operational alarms and alerts Security plans;
7.
Assessment of safety-related documents and evidence of construction, operational monitoring, maintenance, maintenance and outage Installations;
8.
Monitoring, assessment and limitation of emissions and immissions in the event of malfunctions of the operating system;
9.
Environmental law regulations, in particular the right to immission protection, the law of technical safety and technical work protection, the right to hazardous substances, and the Civil protection law;
10.
Information to the public in accordance with § 11 of the Incident Regulation.
During the practical activity, the ability to do so should also be , to deliver opinions on investment decisions and the planning of operating facilities, as well as the introduction of working methods and working materials.