Ninth Regulation implementing the Federal Immission Control Act (Regulation on approval procedure-9). BImSchV)

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9. BImSchV

Date of completion: 18.02.1977

Full quote:

" Regulation on the approval procedure in the version of the notice of 29 May 1992 (BGBl. 1001), as last amended by Article 5 of the Regulation of 28 April 2015 (BGBl). 670).

Status:	Recast by Bek v. 29.5.1992 I 1001;
	Last amended by Art. 5 V v. 28.4.2015 I 670

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.9.1980 + + +) 

  

Unofficial table of contents

Content Summary

Part one
	General provisions
First section
	Scope, application and documents
§ 1		Scope
§ 1a		Subject of environmental impact assessment
§ 2		Application
§ 2a		Information on projects likely to be provided in the case of projects subject to EIA
§ 3		Application content
§ 4		Application documents
Section 4a		Information about the plant and the plant operation
§ 4b		Information on protective measures
§ 4c		Plan for the treatment of waste
§ 4d		Information on energy efficiency
§ 4e		Additional information on environmental impact assessment
§ 5		Forms
§ 6		Receipt Confirmation
§ 7		Completeness check, process flow
Second section
	Third party participation
§ 8		Announcement of the project
§ 9		Content of the notice
§ 10		Interpretation of application and documents
§ 10a		File View
§ 11		Participation of other authorities
§ 11a		Cross-border authorities and public participation
§ 12		Objections
§ 13		Expert opinion
Third Section
	Discussion date
§ 14		Purpose
§ 15		Special objections
§ 16		Omit
§ 17		Relocation
§ 18		History
§ 19		Niederschrift
Fourth Section
	Approval
§ 20		Decision
Section 21		Content of the approval certificate
Section 21a		Notification by public notice
Part two
	Special provisions
Section 22		Partial Approval
Section 23		Advance notice
Section 23a		Spatial planning procedures and approval procedures
§ 24		Simplified procedure
§ 24a		Approval of early start
Part Three
	Final provision
Section 25		Transitional provision

Part one
General provisions

First section
Scope, application and documents

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§ 1 Scope

(1) For the installations mentioned in the Fourth Regulation implementing the Federal Immission Protection Act (Regulation on approved installations), the procedure for granting

1.

a permit

a)

for the establishment and operation,

b)

the change in the situation, nature or operation (amending authorisation),

c)

for the establishment or operation of an installation or part of an installation or for the establishment and operation of a part of an installation (partial approval),

2.

a premodesty,

3.

an authorisation to start early or

4.

a posteriori order pursuant to Section 17 (1a) of the Federal Immission Protection Act

pursuant to this Regulation, in so far as it is not in § § 8 to 17 and 19 of the Federal Immission Control Act or in § 2 of the Fourteenth Regulation implementing the Federal Immission Control Act (Ordination on annexes to the Federal Immission Control Act) § 3 (2) of the Law on Environmental Impact Assessment remains unaffected. (2) The implementation of an environmental impact assessment is required for the establishment and operation of an installation (UVP-subject) ), the environmental impact assessment shall be carried out as an independent part of the provisions referred to in paragraph 1. procedures. Where a decision is taken on the admissibility of the project in the procedure referred to in paragraph 1, the environmental impact assessment shall be carried out in accordance with the provisions of this Regulation and the general provisions laid down for that examination in the above procedures. (3) In the procedure for the granting of an amendment to an installation in accordance with Annex 1 to the Environmental Impact Assessment Act, an environmental impact assessment shall be carried out in accordance with paragraph 2 where the environmental impact assessment shall be carried out in accordance with paragraph 2 An EIA-based plant in Appendix 1 of the Law on the Environmental impact assessment shall be reached or exceeded by a change or extension itself, or if the change or extension has a significant adverse effect on the impact of the change or enlargement on the part referred to in paragraph 1a above. If the proposed transaction is subject to approval by a number of authorities, the approval authority shall examine whether the change may have such effects in cooperation with at least the other regulatory authorities. and the nature conservation authority whose remit is the project is touched. Unofficial table of contents

Section 1a Subject to environmental impact assessment

The examination procedure referred to in Article 1 (2) shall include the identification, description and evaluation of the significant effects of the examination of the conditions of approval and of the important effects of the examination of the protection of nature and of the landscape of the landscape of a UVP-based plant on humans, including human health, animals, plants and biodiversity, soil, water, air, climate and landscape, cultural and other property, as well as the interaction between the above mentioned Protective goods. Unofficial table of contents

§ 2 Application

(1) The application shall be made in writing by the institution of the project to the approval authority. The institution of the project may also be the person who does not intend to set up or operate the plant. (2) As soon as the institution of the project informs the approval authority of the proposed project, it shall be responsible for the application of the project in view of the application consult and discuss with it the timing of the approval procedure and other issues which are significant for the implementation of this procedure. It may add other authorities to the extent that this is necessary for the purposes of the first sentence. The purpose of the discussion is to clarify matters,

1.

which application documents have to be submitted when the application is submitted,

2.

the likely impact of the project on the general public and the neighbourhood, and the consequences of this for the procedure,

3.

what advice is likely to be required and how double opinions can be avoided,

4.

the timing of the authorisation procedure, and the other measures that may be taken by the institution of the project and the approval authority in order to simplify and speed up the authorisation procedure,

5.

whether a procedural acceleration can be achieved by ensuring that the administrative representative of the authorities, who supervises the design of the timing of the proceedings and the organisational and professional provision, is on a proposal or with a consent and at the expense of the applicant of a project manager,

6.

which authorities are likely to be involved in the procedure.

In the case of projects subject to EIA, supplementary § 2a shall apply. Unofficial table of contents

Section 2a Information on expected documents to be submitted to EIA-based projects

(1) Where the institution of a project subject to an EIA requests the approval authority, prior to the commencement of the authorisation procedure, or if the approval authority deems it necessary after the commencement of the authorisation procedure, the latter shall have the authority responsible for the Advice according to § 2 para. 2 in accordance with the planning stage of the project and on the basis of appropriate information on the project early on to inform about the content and scope of the documents to be provided in accordance with § § 3 to 4e. Prior to the notification, the approval authority shall give the institution of the project and the authorities involved in accordance with Article 11 an opportunity to discuss the nature and extent of the dossier. The meeting will also cover the subject, scope and methods of the environmental impact assessment as well as other issues that are important for the implementation of the environmental impact assessment. Experts and third parties, in particular locals and neighbouring communities, may be consulted. If the approval authority or the authorities to be involved have information relevant to the provision of the documents referred to in § § 3 to 4e, they shall draw the attention of the institution of the project to it and to the institution of the project (2) If the proposed transaction is subject to approval by a number of authorities, the approval authority shall be responsible for the tasks referred to in paragraph 1 only if it is based on the first sentence of Article 14 (1) 1 and 2 of the Law on Environmental Impact Assessment as the lead authority . It shall carry out these tasks in cooperation, at least with the other regulatory authorities and the nature conservation authority, whose remit shall be affected by the project. Unofficial table of contents

§ 3 Application content

The application must include:

1.

the indication of the name and place of residence or the place of residence of the applicant,

2.

an indication as to whether an authorisation or a prior notification is requested and, in the case of an application for authorisation, whether it is a change authorisation, a partial authorisation or an application for an authorisation of the early beginning,

3.

the indication of the location of the installation, the indication of the sites provided for in the case of a location-changing installation,

4.

information on the nature and scope of the installation,

5.

an indication of the date at which the plant is to be put into service.

If the approval authority is to allow the approval, by way of derogation from § 19 (1) and (2) of the Federal Immission Control Act, not to be granted in a simplified procedure, this shall be stated in the application. Unofficial table of contents

§ 4 Application documents

(1) The application shall be accompanied by the documents necessary for the examination of the conditions of approval. It shall be taken into account whether the facility is part of a registered location in accordance with Articles 13 to 15 in conjunction with Article 2 (22) of Regulation (EC) No 1221/2009 of the European Parliament and of the Council of 25 November 2009 on the voluntary participation of organisations in a Community eco-management and audit scheme and repealing Regulation (EC) No 761/2001, as well as Commission Decisions 2001 /681/EC and 2006 /193/EC (OJ L 136, 31.3.2001, p. 1), the organisation is responsible for the information contained in a declaration on the environment which is available to the competent licensing authority and declared valid for the purposes of registration, or in one of those registration. The underlying environmental audit report is included. The documents referred to in the first sentence must, in particular, contain the information required in accordance with § § 4a to 4d, and, in the case of installations subject to EIA, the additional information in accordance with § 4e. (2) Insofar as the admissibility or the execution of the project is carried out in accordance with The requirements for the content of such documents shall be determined in accordance with the provisions of the law on nature protection. The documents referred to in the first sentence shall, in particular, provide information on measures to prevent, reduce or compensate for significant adverse effects on nature and landscape and on replacement measures in the case of non-compensable but priority intervention (3) The applicant shall submit to the approval authority, in addition to the documents referred to in paragraphs 1 and 2, a generally understandable short description, suitable for the interpretation, which shall provide an overview of the installation, their operation and the likely impact on the In the case of installations subject to an EIA, the short description shall also cover the information required in accordance with Section 4e. It shall also submit a list of the documents accompanying the application, in which the documents containing business or business secrets are particularly marked. (4) The need for authorisation by a number of authorities shall be submitted to the application. Pursuant to the first sentence of Article 14 (1) and (2) of the Environmental Impact Assessment Act, a leading authority which is not an approval authority for the purpose of receiving the environmental impact assessment dossiers has the following: Approval authority the documents required for environmental impact assessment also to the lead authority. Unofficial table of contents

Section 4a Information on the plant and plant operation

(1) The documents must contain the information required for the decision in accordance with § 20 or § 21.

1.

the parts of the plant, the process steps and the subsidiary equipment to which the approval requirement extends in accordance with Article 1 (2) of the Regulation on installations requiring approval,

2.

the basic and ground requirements and the condition of the plant's property,

3.

the procedure or types of procedure provided, including the data required for labelling, such as the type, quantity and nature of the product,

a)

the feedstocks or groups of substances,

b)

between intermediate, secondary and end products or product groups,

c)

of the residual substances

and in addition, to the extent that a substance is to be produced for purposes of research and development which, pursuant to Article 16b (1) sentence 3 of the Chemicals Act, is exempted from the obligation to provide information,

d)

information on the identity of the substance, if any,

e)

proof of physical, chemical and physico-chemical and toxic and ecotoxicological properties of the substance, including degradation behaviour, available to the applicant;

4.

the energy used and the energy used in the installation,

5.

possible releases or reactions of substances in the event of disturbances in the process,

6.

the nature and extent of the emissions which are likely to be emitted by the plant, where such information, as far as air pollution is concerned, must also refer to the crude gas prior to mixing or dilution, the nature, location and the dimensions of the sources of emissions, the spatial and temporal distribution of emissions, and the conditions of discharge; and

7.

the main alternatives examined by the applicant, where appropriate, in an overview.

(2) Where harmful environmental effects can be caused, the documents must also contain:

1.

a forecast of the expected immissions, to the extent that immission values are laid down in laws, regulations or administrative provisions and, in accordance with the content of those provisions, a forecast for comparison with these values is required;

2.

in addition, information on the nature, extent and duration of immissions and their suitability to bring about adverse environmental effects, to the extent that a special case examination is to be carried out by law, regulation or administrative provision.

(3) In the case of installations to which the Regulation on the incineration and co-incineration of waste is to be applied, the documents referred to in paragraph 1 shall contain information on:

1.

the type (in particular the name and key of the waste referred to in the Regulation on the European Waste List) and the quantity of waste intended for incineration;

2.

the smallest and largest mass flows of the waste intended for incineration, expressed as hourly quantities,

3.

the smallest and greatest calorific values of the waste intended for incineration,

4.

the maximum amount of pollutants in the waste intended for incineration, in particular polychlorinated biphenyls (PCBs), pentachlorophenol (PCP), chlorine, fluorine, sulphur and heavy metals,

5.

the measures for the supply of the waste and the installation of the burners, so as to reach as far as possible a burn-out, and

6.

the measures taken to comply with the emission limit values of the Regulation on incinerators for waste and similar combustible substances.

(4) The report on the initial state in accordance with Article 10 (1a) of the Federal Immission Protection Act shall contain the information necessary to determine the level of soil and groundwater pollution in order to quantify a quantified situation. Comparison with the state can be performed when the plant is set to work. The initial state report shall contain the following information:

1.

information on the current use and, if available, on the earlier use of the plant's property,

2.

Information on soil and groundwater measurements, which reflect the state at the time of preparation of the report on the initial state in accordance with § 10 paragraph 1a of the Federal Immission Control Act and which correspond to the state of measurement technology; new Ground and ground water measurements are not required if existing information meets the requirements of the first half-set.

Where information drawn up under other provisions meets the requirements of sentences 1 and 2, this information may be included in the report on the initial condition or annexed to it. The report on the initial condition shall be drawn up for the part of the plant land on which the possibility of soil pollution by the use, production or release of the relevant hazardous substances by the installation, or of groundwater. Sentences 1 to 4 shall apply only if new relevant dangerous substances are used, produced or released by the amendment or if the amendment is the first to use relevant dangerous substances. shall be used, produced or released, and an existing report on the initial condition shall be supplemented. Section 25 (2) shall remain unaffected. Unofficial table of contents

Section 4b Information on protective measures

(1) The documents must contain the information required for the decision in accordance with § 20 or § 21.

1.

the measures envisaged for protection against and prevention of adverse environmental effects, in particular for the reduction of emissions, as well as for the measurement of emissions and emissions;

2.

the measures envisaged for the protection of the general public and the neighbourhood against other risks, major drawbacks and significant nuisances, such as information on the technical and organisational arrangements provided for

a)

in order to prevent disturbances of the intended operation, and

b)

to limit the effects which may result from disturbances in the operation of the holding,

3.

the measures envisaged for occupational health and safety,

4.

the measures provided for the protection against adverse environmental effects and other hazards, major disadvantages and major nuisances to the general public and the neighbourhood in the event of an operational setting; and

5.

the measures envisaged for the monitoring of emissions into the environment.

(2) Where an installation requiring approval is an operating area or part of an operating area for which a safety report is to be made in accordance with Article 9 of the Incident Regulation, the parts of the safety report, which are referred to in section II No. 1 and 3, III, IV and V No 1 to 3 of Annex II to the incident regulation, shall be attached to the application in so far as they relate to or are of importance to the facility in need of approval. In an approval procedure according to § 16 of the German Federal Immission Protection Act, this applies only to the extent that safety-relevant parts of the plant are affected by the amendment requested. In this case, the authority may allow the parts of the safety report to be submitted to be limited to those parts of the system only if they are able to be prepared in a comprehensible and verifiable manner, despite this restriction. (3) the evidence that disclosure of the information referred to in paragraphs 1 and 2 may result in a serious risk to public security of the establishment or operation of the plant by third parties in accordance with its intended purpose, and shall not be able to take security measures against them, , the approval authority may require the submission of a presentation which is comprehensible and coherent and which is suitable for the interpretation. Unofficial table of contents

Section 4c Plan for the treatment of waste

The documents shall contain the information required for the decision in accordance with Article 20 or Article 21 on the measures for the prevention or recovery of waste, in particular the information to be provided on this subject.

1.

the planned measures for the prevention of waste;

2.

the measures envisaged for the proper and harmless material or thermal recovery of the waste produced;

3.

the reasons why a further prevention or recovery of waste is technically impossible or unreasonable,

4.

the measures envisaged for the disposal of waste which is not to be avoided or to be relocated, including the legal and actual feasibility of such measures and the disposal routes provided for;

5.

the measures envisaged for the recovery or disposal of waste which may arise in the event of a disturbance of the intended operation, and

6.

the measures envisaged for the treatment of the waste existing in the event of an operation.

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Section 4d Information on energy efficiency

The dossier shall contain information on measures to be taken to save and efficiently use energy, in particular information on ways to achieve high levels of energy efficiency and use, to limit the use of energy and to reduce the use of energy. energy losses as well as the use of energy. Unofficial table of contents

§ 4e Additional information on environmental impact assessment

(1) In the case of projects subject to EIA, the documents shall be accompanied by a description of the environment and its components and the likely significant impact of the project on the protection goods referred to in § 1a, with statements on the products referred to therein. To the extent that this description is necessary for the decision on the approval of the project (2) (repealed) (3) The documents must also provide an overview of the most important documents examined by the institution of the project. technical alternatives to protection against and prevention of harmful substances environmental impact and the protection of the general public and the neighbourhood against other hazards, significant disadvantages and significant nuisance. The main reasons for the selection are to be communicated. (4) In compiling the information referred to in paragraphs 1 and 3, the general knowledge and the examination steps generally accepted for carrying out environmental impact assessments are to be found. and methods to be taken into account. In addition, the applicant has to draw attention to difficulties encountered in compiling the information for the documents in accordance with § § 4 to 4e, in particular to the extent that these difficulties are due to lack of knowledge and test methods. or are based on technical gaps. Unofficial table of contents

§ 5 Forms

The approval authority may request the use of forms for the application and for the documents. Unofficial table of contents

§ 6 Receipt Confirmation

The approval authority shall immediately confirm in writing to the applicant the receipt of the application and of the dossier. Unofficial table of contents

§ 7 Examination of completeness, procedural procedure

(1) After receipt of the application and the documents, the approval authority shall, as a rule within one month, have to examine whether the application complies with the requirements of § 3 and the documents meet the requirements of § § 4 to 4e. The competent authority may extend the period of time, in exceptional cases, by two weeks. If the application or documents are not complete, the approval authority shall immediately call on the applicant to supplement the application or documents within a reasonable time. Partial exams must also be carried out before submission of the complete dossier, as far as this is possible in accordance with the documents already available. The Authority may allow documents whose details are not directly relevant to the assessment of the approval capacity of the installation as such, in particular the report on the initial condition referred to in Article 10 (1a) of the Federal Immission Control Act, until the start of the installation or the commissioning of the plant can be submitted. (2) If the documents are complete, the approval authority shall have the applicant informed of the expected participation. authorities and the scheduled timing of the authorisation procedure.

Second section
Third party participation

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Section 8 Announcement of the project

(1) Where the documents required for interpretation (Article 10 (1)) are complete, the approval authority shall have the project in its official publication sheet and, in addition, either on the Internet or in local newspapers in the area of: The location of the plant is to be publicly announced. An additional notice and interpretation is required, even in the cases of § § 22 and 23, only in accordance with paragraph 2. (2) If the project is carried out during a pre-trial period, after the grant of a pretender or during the In the case of an authorisation procedure, the approval authority may depart from an additional notice and interpretation if, in the documents to be issued in accordance with Article 10 (1), no circumstances would be shown that would have adverse effects on third parties can be obtained. This is the case, in particular, where it is clear that adverse effects on third parties are excluded by the measures taken or provided by the institution of the project, or the drawbacks in relation to the measures taken in each case are excluded. comparable advantages. Where the project relates to an EIA subject to an EIA, an additional notice and interpretation shall not apply unless there are any additional or other significant effects on the protection goods referred to in paragraph 1a. Where an additional notice and interpretation is required, the possibility of application and discussion shall be limited to the proposed changes, and shall be indicated in the notice. Unofficial table of contents

Section 9 Content of the notice

(1) In addition to the information provided in section 10 (4) of the Federal Immission Protection Act, the notice must be published.

1.

the information referred to in Article 3; and

2.

an indication of the period of application and the application of the application, indicating the first and last day,

. The competent licensing authority, the rules governing public participation and a cross-border public participation and public participation in accordance with § 11a shall be noted. (2) Between the contract notice and the beginning of the period of interpretation shall be one week; the date of the publication of the publication or the daily newspaper, which appears last, shall be the decisive date. Unofficial table of contents

§ 10 Interpretation of application and documents

(1) In the case of the approval authority and, where necessary, at a suitable location close to the location of the project, the application and the accompanying documents shall be interpreted as the information on the impact of the installation on the project. The neighbourhood and the general public. In addition, in so far as it exists, the other official documents to be submitted to the approval authority shall be interpreted as having regard to the project, the information on the effects of the installation on the neighbourhood and the Generality or recommendations to limit these effects. Where the approval authority has, pending a decision on the application for authorisation, additional official opinions or documents which have been requested, the information on the impact of the installation on the neighbourhood and the general public or recommendations to limit such effects shall be made available to the public in accordance with the provisions of the Federation and the countries on access to environmental information. Where the project relates to an EIA subject to an EIA, the documents accompanying the environmental impact assessment must also be issued by the applicant, and the application and documents are also to be found in the municipalities in which the project is likely to have an impact. Insofar as an interpretation of the documents in accordance with Section 4b (1) and (2) may lead to a disturbance within the meaning of Section 4b (3), the presentation in accordance with Section 4b (3) shall be interpreted instead of these documents. The application and the documents according to sentences 1, 2 and 4 as well as the presentation in accordance with § 4b (3) shall be granted during the hours of service. (2) On request of a third party, it shall be a copy or reproduction of the documents. (3) As far as documents contain business or trade secrets, the presentation of the contents must be interpreted in accordance with § 10 paragraph 2 sentence 2 of the German Federal Immission Control Act. If the approval authority considers the marking of the documents to be unauthorised for business or trade secrets, it shall consult the applicant prior to the decision on the interpretation of these documents. Unofficial table of contents

§ 10a File inspection

The approval authority grants access to the file according to its discretion; Section 29 (1), third sentence, (2) and (3) of the Administrative Procedure Act shall apply mutagenic to the relevant application. Any other rights to access information arising from other legislation shall remain unaffected. Unofficial table of contents

Section 11 Participation of other authorities

At the latest with the public announcement of the project, the approval authority shall request the authorities whose remit is affected by the project to submit an opinion within a period of time for their area of responsibility. of one month. The application documents should be sent in a star-shaped manner to the bodies to be involved. If an authority has not delivered an opinion by the end of the period, it shall be presumed that the authority concerned does not wish to comment. The approval authority shall be informed of the status of the approval procedures relating to the project and shall act on its participation and, at an early stage, with the competent authorities responsible for those procedures, to discuss and vote on the content of the approval certificate. Unofficial table of contents

Section 11a Cross-border authorities and public participation

(1) Where a project may have significant effects on the application documents in another State, or request another State which may be significantly affected by the effects, the effect of the project shall be that of the other State, State designated authorities at the same time and on the same level of the project, including procedures in accordance with § 17 (1a) of the Federal Immission Control Act, as the authorities involved in § 11 are informed; a reasonable period of time is required for the notification as to whether or not participation in the procedure is desired. If the other State has not designated the authorities to be involved, the supreme authority responsible for environmental matters shall be informed by the other State. The information shall be provided by the authority designated by the competent supreme authority authority. (2) (3) The authority to be informed shall forward to the competent authorities, pursuant to paragraph 1 of this Article, a copy of the authority referred to in Article 10 (3) of the Federal Immission Protection Act shall disclose documents to be made public and shall notify the planned expiry date of the approval process or of the proceedings in accordance with section 17 (1a) of the Federal Immission Control Act. Legal provisions relating to secrecy, in particular for the protection of business or trade secrets, shall remain unaffected; conflicting rights of third parties shall be observed. Likewise, the provisions of the Federal Data Protection Act and the national data protection laws for data transfer to bodies outside the scope of the Basic Law remain unaffected. The approval authority shall give the authorities of the other State to participate on the basis of the documents sent in accordance with § § 4 to 4e an opportunity to submit their opinions within a reasonable time before the decision on the application. (4) The competent authority shall seek to ensure that the project is made known in the other State in an appropriate manner, indicating the authority to which objections may be raised, and shall be referred to it; by the end of the application period, all objections are excluded which do not apply to special private-law titles. The persons established in the other State shall be treated as nationals with a view to their further participation in the permitting procedure. (5) The approval authority may require that the institution of the project be responsible for a translation of the Brief description in accordance with Article 4 (3), first sentence, and, if necessary, further information relevant to the cross-border public participation of the project, in particular on transboundary environmental effects, provided that: in relation to the other State, the conditions laid down in the principles of (6) The approval authority shall communicate to the competent authorities of the other State the decision on the application, including the statement of reasons and the name of the person responsible for the installation in question. authoritiy BAT information sheet. Provided that the conditions of reciprocity and equivalence are met, it may attach a translation of the approval certificate. (7) Approval notices and updates of authorisations issued by authorities of other States. shall be made accessible. Unofficial table of contents

§ 12 objections

(1) objections may be made to the approval authority or to the body in which the application and documents are to be submitted for inspection. After the expiry of the application deadline, the approval authority decides, taking into account § 14, whether a discussion date pursuant to § 10 paragraph 6 of the Federal Immission Control Act is carried out in the approval procedure. The decision shall be made public. (2) The objections shall be notified to the applicant. The authorities concerned in accordance with Article 11 shall be notified of the objections which affect their responsibilities. At the request of the user, the name and address of the user shall be rendered unrecognizable prior to the notification if they are not necessary for the proper implementation of the authorisation procedure; this possibility shall be taken into account in the public Notice notice. Unofficial table of contents

§ 13 Expert Reports

(1) The approval authority shall obtain expert opinion as far as this is necessary for the examination of the conditions of approval. The contract is to be awarded as far as possible until the date of publication of the project (§ 8). Insofar as those parts of the safety report pursuant to § 9 of the Incident Regulation are to be attached to the application in accordance with Section 4b (2), which correspond to sections II, No. 1 and 3, III, IV and V Nos. 1 to 3 of Annex II to the Accident Investigation, the following shall be added: Collection of expert opinions on the assessment of the information contained in these documents is usually necessary. The collection of expert opinions is usually also necessary for the assessment of the economic analysis including the cost-benefit comparison in accordance with § 6 of the KWK-Cost-Benefit-Comparison-Regulation, unless there is a test a federal authority responsible for the examination of the economic analysis in accordance with statutory regulations, as well as for the assessment of the information on the financial situation in accordance with § 8 (2) of the KWK-Cost-Use-Comparison-Regulation. Experts may also be used with the consent of the applicant if it is to be expected that the authorisation procedure will be speeded up. (1a) In deciding whether or not submitted documents should be submitted by external Experts shall be subject to the examination of the location of the site in accordance with Regulation (EC) No 761/2001 of the European Parliament and of the Council of 19 March 2001 on the voluntary participation of organisations in a Community scheme for the Environmental management and audit (EMAS). (2) One of the Applicants shall be considered as other documents within the meaning of Section 10 (1) sentence 2 of the Federal Immission Control Act. If the institution of the project grants the opinion of the project, after consultation with the approval authority, or grants it to an expert who, according to § 29b (1) of the Federal Immission Protection Act, has been appointed by the competent authority of the State in accordance with the law of the country. the opinion submitted shall be considered to be an expert opinion within the meaning of paragraph 1, including opinions drawn up by an expert who shall comply with the requirements of section 29a (1) sentence 2 of the Federal Immission Protection Act.

Third Section
Discussion date

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§ 14 Purpose

(1) The date of discussion shall be used to discuss the objections raised in good time, to the extent that this may be relevant for the examination of the conditions of approval. It is intended to give those who have raised objections an opportunity to explain their objections. (2) Objections raised in time are objections which have been received within the time limit for the application of the authorities referred to in § 12 (1). Unofficial table of contents

§ 15 Special objections

Objections based on special private-law titles shall not be dealt with in the date of the discussion; they shall be referred to the ordinary courts by written notification of the right to legal proceedings. Unofficial table of contents

Section 16 Wegfall

(1) A discussion date shall not take place if:

1.

Objections to the project have not been made or have not been collected in good time,

2.

the objections raised in good time have been withdrawn;

3.

have been levied exclusively on specific private-law titles, or

4.

the objections raised are not subject to any discussion by the Authority.

(2) The applicant shall be informed of the omission of the appointment. Unofficial table of contents

§ 17 Transfer

(1) The approval authority may lay down the date of the discussion which has been made public if it is necessary in order to ensure that it is carried out in a proper way. The place and time of the new discussion date shall be determined at the earliest possible date. (2) The applicant and those who have filed objections in good time shall be notified of the transfer of the discussion date. You can be notified by public notice in the appropriate application of § 10 paragraph 3 sentence 1 of the Federal Immission Control Act. Unofficial table of contents

§ 18 History

(1) The discussion date shall be public. On a case-by-case basis, the public can be excluded for special reasons Representatives of the supervisory authorities and persons employed by the Authority for training shall be entitled to participate. (2) The negotiator may decide that objections will be discussed. In this case, it shall announce the order of the discussion. It may, for a given period, limit the right to participate in the discussion date to those persons whose objections are to be discussed. (3) The negotiator shall give the floor and may withdraw it from the person, which exceeds the speaking time fixed by it for each of the speeches or makes statements which do not concern the subject-matter of the meeting or which are not in fact related to the application to be dealt with. (4) The Negotiators are responsible for the order. He can have people who do not follow his orders to be removed. The discussion date can be continued without these persons. (5) The negotiator ends the discussion date when its purpose is reached. It can also explain the date of discussion for an end if, even after a postponement, the discussion date from the circle of the participants is again disturbed in such a way that its proper implementation is no longer guaranteed. Persons whose objections have not yet been discussed or which have not yet been finalised may, within one month of the termination of the date, explain their objections to the approval authority in writing, with the aim of: The termination of the appointment should be noted. Unofficial table of contents

Section 19 Niederschrift

(1) The discussion date shall be subject to a minutes of publication. The minutes shall contain information on:

1.

the place and the day of discussion,

2.

the name of the negotiator,

3.

the subject of the authorisation procedure,

4.

the course and results of the discussion date.

The minutes shall be signed by the head of the negotiator and, to the extent that a written guide has been added, also by the negotiator. The inclusion in the minutes of the negotiation shall be the same as in a document which is annexed to it and which is designated as such; the annex shall be referred to in the minutes of the negotiation. The approval authority shall be able to record the discussion date for the purpose of producing the record on sound carriers. After the entry of the unquestionability of the decision, the sound recordings must be deleted via the request for approval; in the case of a pre-trial procedure, the conditions of § 9 (2) of the Federal Immission Protection Act are fulfilled, the (2) The applicant shall be given a copy of the transcript. On request, a copy of the minutes shall also be left to the person who has filed an objection in good time.

Fourth Section
Approval

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Section 20 Decision

(1) Where all the circumstances which are relevant for the assessment of the application are identified, the approval authority shall immediately decide on the application. After the expiry of the application period or, in so far as a discussion date has been carried out in accordance with Section 10 (6) of the Federal Immission Control Act, after the discussion date, detailed statements of the authorities involved in accordance with § 11 shall be subject to unless the public concerns raised are already known or have been known to the approval authority or are relevant to the assessment of the conditions of approval. (1a) UVP-subject systems shall develop the approval authority on the basis of the In accordance with § § 4 to 4e documents, the official statements pursuant to § § 11 and 11a, the results of their own investigations as well as the comments and objections of third parties, a summary of the expected impact of the Project to the protection goods referred to in § 1a, including the interaction, and the measures to avoid, reduce or compensate for significant adverse effects on the protection goods, including the replacement measures in the case of non-compensable, but priority interventions in nature and landscape . The presentation shall be drawn up as soon as possible within one month after the expiry of the time limit or, in so far as a discussion date has been carried out in accordance with Section 10 (6) of the Federal Immission Control Act, the discussion date. If the project is subject to approval by a number of authorities, the preparation of the summary presentation of the approval authority shall be responsible only if, in accordance with Article 14 (1), first sentence, and 2 of the Environmental Impact Assessment Act, it is deemed to be a in cooperation with the other regulatory authorities and the nature conservation authority, whose remit shall be affected by the project. (1b) The approval authority shall: shall be assessed within one month after the preparation of the summary presentation on the basis of which, and in accordance with the laws, regulations and administrative provisions applicable to its decision, the effects of the project on the protection goods referred to in § 1a. Where the project is subject to approval by a number of authorities, the authorities shall, in cooperation on the basis of the summary presentation referred to in paragraph 1a, carry out an overall assessment of the impact; if the approval authority is the lead-in, authority, it shall ensure the interaction. The approval authority shall take into account the assessment or the overall assessment carried out in the decision on the application in accordance with the provisions in force for this purpose. (2) The request shall be rejected as soon as the examination shows that the The conditions for approval cannot be fulfilled and its fulfilment cannot be ensured by means of side-by-side provisions. It should be rejected if the applicant did not comply with a request to supplement the documents within a time limit set, which should not exceed three months in the event of an extension. (3) For the negative end Decision is applicable in accordance with Section 10 (7) of the Federal Immission Protection Act. If the negative decision relates to an EIA subject to an EIA and a summary pursuant to paragraph 1a has been drawn up by the approval authority, it shall be included in the explanatory statement for the decision. (4) In other cases, the applicant and the persons who have collected objections shall be notified of such approval. § 10 (8) sentence 1 of the Federal Immission Protection Act shall apply accordingly. Unofficial table of contents

Section 21 Content of the approval certificate

(1) The approval certificate must contain

1.

the indication of the name and place of residence or the place of residence of the applicant,

2.

an indication that an authorisation, a partial authorisation or a modification authorisation is granted and the indication of the legal basis,

3.

the exact description of the subject of the permit, including the location of the installation, and the report on the initial condition,

3a.

the definition of the necessary emission limits, including the justification for the determination of less stringent emission limits in accordance with Article 7 (1b), first sentence, point 2, § 12 (1b) or § 48 (1b), first sentence, point 2 of the Federal Immission Protection Act,

4.

the secondary provisions for approval,

5.

the explanatory statement, which is intended to give rise to the main factual and legal reasons which led the Authority to decide on its decision and to the treatment of objections; the summary presentation of installations subject to UVP to include in the explanatory statement pursuant to section 20 (1a) and the assessment pursuant to section 20 (1b),

6.

information on the procedure for public participation;

7.

A right of appeal.

(2) The notice of approval shall contain the indication that the approval certificate is issued without prejudice to the administrative decisions which are not included in the approval pursuant to § 13 of the Federal Immission Protection Act. (2a) Except the the information required in accordance with paragraph 1 shall include the approval certificate for installations in accordance with the Industrial Emissions Directive:

1.

conditions for the protection of soil and groundwater and measures to monitor and treat waste produced by the plant;

2.

Rules for the verification of compliance with emission limit values or other requirements, in the case of measurements

a)

requirements for the measurement methodology, measurement frequency and the evaluation procedure for monitoring emissions,

b)

the requirement that, where a value has been set outside the emission bandwidths specified in the BAT conclusions, the results of the emission monitoring shall be available for the same time periods and reference conditions the same as those applicable to the emission bandwidths of the BAT conclusions,

3.

Requests to

a)

regular maintenance,

b)

the monitoring of measures to prevent soil and groundwater pollution, and

c)

the monitoring of soil and groundwater with regard to the relevant hazardous substances used, produced or released in the facility, including the periods during which the monitoring is carried out,

4.

measures in respect of conditions which differ from normal operating conditions, such as the installation and decommissioning of the installation, the unintended leakage of substances, faults, the short-term shutdown of the installation and the definitive closure of the plant Operations,

5.

Arrangements for the most extensive reduction of long-range or transboundary pollution.

In the cases referred to in point 3 (c), the periods for monitoring shall be determined in such a way as to be at least every five years for the ground water and at least every ten years for the soil, unless such monitoring is carried out on the basis of: a systematic assessment of the risk of pollution. (3) In addition to the information required in accordance with paragraph 1, the notification of approval of installations to which the Regulation on the incineration and co-incineration of waste is to be applied must be provided with information contain through

1.

the type (in particular the waste key and the name of the waste referred to in the Regulation on the European Waste List) and the quantity of waste authorised for incineration;

2.

the total waste incineration and waste co-incineration capacity of the plant;

3.

the smallest and largest mass flows of the waste authorised for incineration, expressed as an hourly quantity of waste,

4.

the smallest and largest calorific values of the waste authorised for incineration; and

5.

the largest amount of pollutants in the waste authorised for incineration, in particular polychlorinated biphenyls (PCBs), pentachlorophenol (PCP), chlorine, fluorine, sulphur and heavy metals.

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Section 21a Public Notice

Without prejudice to § 10 (7) and (8) sentence 1 of the Federal Immission Control Act, the decision on the application shall be made public when the procedure with public participation has been carried out or the institution of the project so request. § 10 para. 8 sentence 2 and 3 of the Federal Immission Protection Act shall apply accordingly. The public notice shall indicate where and when the communication and its justification may be viewed.

Part two
Special provisions

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Section 22 Subversion

(1) If a request is made within the meaning of § 8 of the Federal Immission Control Act, the approval authority may allow final information in the documents to be made only with respect to the subject of the partial approval. In addition, information must be provided which, in the case of a preliminary examination, shall enable a sufficient judgment to be made as to whether the conditions for the approval of the installation and operation of the whole installation are to be fulfilled. (2) the application, the documents referred to in § 4, in so far as they relate to the subject-matter of the relevant part-approval, as well as such documents, which contain information on the effects of the installation on the neighbourhood and the general public. (3) An EIA-subject shall be covered by the procedure for the granting of a Partial approval of the environmental impact assessment in the context of the preliminary examination referred to in paragraph 1 on the apparent effects of the whole installation on the protection goods referred to in paragraph 1a and, finally, on the effects of the assessment, The description and assessment is a prerequisite for the findings or the gestures which are the subject of this partial authorisation. Where a procedure for a further partial authorisation is to be decided with the involvement of the public, the assessment of the environmental compatibility in the subsequent procedure shall be based on additional or other significant effects on the environmental impact of the procedure referred to in shall be restricted. The information on the probable scope of investigation pursuant to § 2a is limited to the expected scope of the environmental impact assessment to be carried out and the documents to be annexed to the application for environmental compatibility in accordance with § § 4 to 4e as well as the interpretation of these documents, paragraphs 1 and 2 shall apply accordingly. Unofficial table of contents

§ 23 Presuming

(1) The application for a preliminary ruling must contain, in addition to the information specified in § 3 above, in particular the specified indication, for which approval requirements or for which location the advance notice is requested. (2) The advance notice must be included

1.

the indication of the name and place of residence or the place of residence of the applicant,

2.

the indication that an advance notice is given and the indication of the legal basis,

3.

the exact description of the subject of the premodestal,

4.

the conditions and reservations under which the prior notification is granted;

5.

the explanatory statement, which is intended to give rise to the main factual and legal reasons which led the Authority to decide on its decision and to the treatment of objections; the summary presentation of installations subject to UVP in accordance with Section 20 (1a) and the evaluation in accordance with Section 20 (1b) in the explanatory statement.

(3) The advance notice shall be included

1.

the reference to Section 9 (2) of the Federal Immission Protection Act,

2.

an indication that the notice of advance does not entibe the installation or parts of the installation to be established;

3.

the notice that the preliminary decision is without prejudice to the decisions of the authorities which are not included in the approval pursuant to Section 13 of the Federal Immission Control Act, and

4.

the right of appeal.

(4) § 22 shall apply accordingly. Unofficial table of contents

Section 23a Rules on spatial planning and approval procedures

(1) The approval authority shall have the described, described and evaluated in the spatial planning procedure or in another spatial planning procedure which corresponds to the requirements of section 15 (2) of the Spatial Planning Act (spatial planning procedure). The effects of the project on the environment must be taken into account in the decision on the application in accordance with § 20 (1b). (2) In the authorisation procedure, the impact of the project on the effects determined and described in the spatial planning process is to be applied to the the protection goods referred to in § 1a from the requirements of § § 2a, 4 to 4e, 11, 11a and 20 (1a) in so far as these procedural steps have already been carried out in the space-order process. Unofficial table of contents

Section 24 Simplified procedure

In the simplified procedure, § 4 (3), § § 8 to 10a, § 11a (4), 12, 14 to 19, and the provisions relating to the implementation of the environmental impact assessment are not applicable. § 11 shall apply mutatily. Unofficial table of contents

Section 24a Admission of early start

(1) If a request for admission of early commencement within the meaning of Section 8a of the Federal Immission Protection Act is filed in a procedure for the granting of an authorisation, the said application must be

1.

explain the public interest or the legitimate interest of the applicant in the early beginning, and

2.

the obligation of the carrier of the project to replace all the damage caused by the installation, the test operation and the operation of the plant until the approval is granted, and, if the project is not approved, the former Restore state.

(2) The notification of the approval of the early start must be included

1.

the indication of the name and place of residence or the place of residence of the applicant,

2.

the indication that the early beginning is authorised and the indication of the legal basis,

3.

the exact description of the object of the decision,

4.

the secondary provisions of the authorisation;

5.

the explanatory statement to the effect that the main factual and legal reasons which led the Authority to take its decision should be based.

(3) The notification of the admission of the early start shall be included

1.

confirmation of the obligation referred to in paragraph 1,

2.

the fact that the authorisation may be revoked at any time,

3.

the determination of a security benefit, where necessary, in order to ensure the fulfilment of the obligations of the institution of the project.

Part Three
Final provisions

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Section 25 Transitional provision

(1) Procedures which have been initiated before the entry into force of an amendment to this Regulation shall be brought to an end in accordance with the provisions of the amended Regulation. A repetition of procedural stages is not required. (2) § 4a, paragraph 4, sentence 1 to 5, shall be for installations which were in operation on 2 May 2013 or for which prior to this date a permit is issued or for which prior to this date submitted by its operators a full request for authorisation to apply the first amendment submitted after 7 January 2014 with respect to the whole installation, whether the proposed change is in use, the use of which is Production or release of relevant hazardous substances. By way of derogation from the first sentence of the first sentence of 7 July 2015, the installations referred to in the first sentence, which are not covered by Annex I to Directive 2008 /1/EC concerning integrated pollution prevention and control, shall comply with the requirements set out in the first sentence of 7 July 2015. Unofficial table of contents

Section 26 Berlin-clause

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§ 27

(Entry into force)