Read the untranslated law here: http://www.gesetze-im-internet.de/bimschv_9/BJNR002740977.html
Ninth regulation on the implementation of the Federal Immission Control Act (Ordinance on the approval procedure - 9th BImSchV) 9 BImSchV Ausfertigung date: 18.02.1977 full quotation: "regulation concerning the approval procedure as amended by the notice of 29 May 1992 (BGBl. I S. 1001), most recently by article 5 of the Decree of April 28, 2015 (BGBl. I p. 670) has been changed" stand: Neugefasst by BEK v. 29.5.1992 I 1001;
Amended by art. 5 V v. 28.4.2015 I 670 for details on the stand number you see in the menu see remarks footnote (+++ text detection from validity: 1.9.1980 +++) table of contents part I General provisions of first section scope, application and documents article 1 scope § 1a subject of article 2 environmental impact assessment application § 2a briefing is expected to be in documents subject to EIA projects § 3 application content section 4 application documents § 4a data to investment and to the operation of section 4 (b) references to the protection measures §4C plan of waste management § 4 d information on energy efficiency § 4E additional information to the section 5 environmental impact assessment forms § 6 acknowledgment section 7 examination of completeness, proceedings second section participation third section 8 notice of the proposed article 9 content of the notice section 10 interpretation of application and documents Article 10a inspection § 11 participation other authorities § 11a cross-border bodies and public participation article 12 § 13 objections expertises third section section 14 hearing purpose § 15 special objections section 16 abolition article 17 installation § 18 history section 19 minutes fourth section approval section 20 decision paragraph 21 content of the permit notification § 21a service by public notice second (Part special provisions section 22 part approval article 23 notice § 23a spatial planning procedures and approval procedure § 24 simplified procedure § 24a approval early commencement of part three final provisions § 25 transitional provisions part I General provisions of first section scope, application and documents article 1 scope (1) for the systems referred to in the fourth Ordinance for the implementation of the Federal Immission Control Act (Ordinance on installations requiring a permit) is the procedure of issuance 1. authorisation a) for the construction and operation , b) to the significant modification of the location, the nature or operation (change permission), c) establishing or operating a facility or part of a plant or to establish and to operate of a part of a plant (part approval), 2 a Vorbescheides, 3. authorisation of the premature commencement or 4 a subsequent order according to § 17 paragraph 1a of the Federal Immission Control Act under this regulation carried out, as far as it not in the sections 8 to 17 and 19 of the Federal Immission Control Act or in section 2 of the fourteenth Ordinance for the implementation the Federal Immission Control Act (regulation systems for national defense) is regulated. § 3 par. 2 of the law on environmental impact assessment is not affected.
(2) conducting an environmental impact assessment is for the construction and operation of a system required (subject to EIA), environmental impact assessment is each dependent part of the procedures referred to in paragraph 1. Insofar as in the in paragraph 1 the admissibility of the proposed decision procedure, environmental impact assessment is carried out according to the provisions of this regulation and the General administrative provisions adopted for this review in the procedure referred.
(3) an EIA is making, which are achieved by a modification or extension itself specified size or performance for a subject to EIA system in annex 1 of the law on environmental impact assessment or exceeded, or if the change or extension can have significant adverse effects on protected goods referred to in Article 1a in proceedings for the issue of a modification permit of a system in accordance with Schedule 1 of the Act on environmental impact assessment referred to in paragraph 2; the planned project of approval by several authorities, requires the licensing authority has the examination of the question whether the amendment can have such an impact together at least with other regulatory authorities and the nature conservation agency to make, whose remit will be affected by the project.
§ 1a subject to the environmental impact assessment the test procedure according to § 1 paragraph 2 includes the identification, description and evaluation for the examination of the conditions for authorisation as well as the significant for the examination of the needs of nature conservation and landscape management a subject to EIA system on humans, including human health, animals, plants and biodiversity, soil, water, air, climate and landscape, cultural and other real assets , as well as the interaction between the aforementioned protection goods.
§ To make 2 submission of (1) which is a request in writing by the carrier of the project approval authority. Carrier of the project might as well who does not intend to build the facility or to operate.
(2) as soon as the carrier of the project shall inform the approval authority of the planned project, they should advise him in regard to the submission of the and discuss the timing of the approval process, as well as other questions significant for this procedure with him. It can involve other authorities insofar as this is necessary for purposes of sentence 1. The discussion should serve in particular the clarification, 1 which application documents of submission of must be submitted, 2 which likely impact the on the general public and the neighbourhood can have and the implications thereof for the procedure, 3. what opinions are likely to be required and how duplicate opinion can be avoided, 4. as the timing of the approval process can be designed and what other measures to simplify and speed up the approval procedure by the carrier of the project and by the approval authority can be 5. whether a process acceleration can be achieved that the regulatory process agents, who supervised the design of the timing of the procedure as well as the organisational and technical provision, instigation or with the consent and at the expense of the applicant of a project manager uses, authorities which are expected to be 6 in the procedure to participate.
§ 2a applies in addition projects subject to EIA.
§ 2a briefing expected experts documents subject to EIA projects (1) unless the carrier of a project subject to EIA invites the approval authority before the beginning of the permitting procedure therefore or if the licensing authority considers it after the beginning of the permitting procedure necessary, has to teach him about the advice according to § 2 para 2, according to the planning status of the project and on the basis of appropriate information on the projects at an early stage about the content and scope of proportionate is expected after the sections 3 to 4e documents. Before the briefing, the licensing authority gives opportunity to a discussion of the nature and extent of the documentation the carrier of the project, as well as the authorities to participating pursuant to section 11. The meeting should significant issues also extend to subject-matter, scope and methods of environmental impact assessment and other for the implementation of the environmental impact assessment. Experts and third parties, in particular location and neighboring communities, can be consulted. The approval authority or the participating authorities have information that are useful for the production of the documents referred to in §§ 3-4e, the carrier of the project should saying out and make available this information him, as far as not right oppose third parties.
(2) requires the planned project of approval by several authorities, are whether the approval authority referred to in paragraph 1 only, if it is designed on the basis of § 14 para 1 sentence 1 and 2 of the law on environmental impact assessment as the lead authority. She has at least with other regulatory authorities and the nature conservation agency to perceive these tasks in cooperation, the task pane will be affected by the project.
Article 3 contents of application the application must contain the indication of the name and residence or seat of the applicant, 2. 1 indicating whether an approval or a notice is applied for and in the case of an application for approval, whether it is a modification permit, whether a partial permit or whether authorization of the premature start sought, 3. the specification of the location of the plant , mobile system providing the intended locations, 4. information on the nature and scope of the system, 5. indicating to the system is to be taken when.
The permitting authority should admit that permission is granted by way of derogation from § 19 para 1 and 2 of the Federal Immission Control Act not in a simplified procedure, this is the application to specify.
§ 4 application documents
(1) the documents are the application to add, that are required for the examination of the conditions for authorisation. It should be noted whether the plant part of a registered site one referred to in articles 13 to 15 in conjunction with article 2 number 22 of Regulation (EC) No. 1221/2009 of the European Parliament and of the Council of 25 November 2009 on the voluntary participation by organisations in a Community system for eco-management and environmental audit and repealing Regulation (EC) No. 761 / 2001 , as well as the decisions of the Commission 2001/681/EC and 2006/193/EC (OJ OJ L 342 of December 22, 2009, p. 1) registered organization is present for the information in one of the competent approval authority and are for valid stated that registration to actually contain the environmental statement or environmental operating audit report in one of these registry based. The materials must in particular the information required according to the sections 4a to 4 d include pursuant to sentence 1, systems subject to EIA beyond the additional information according to § 4e.
(2) as far as the admissibility or the execution of the project to consider is according to regulations on nature conservation and landscape management, shall be accompanied by the necessary documents; the requirements for the contents of these documents are determined by the nature protection laws. The documents must contain information on measures to prevent, reduce or compensate for significant impairments of nature and landscape, as well as alternative measures not recoverable, but priority interventions in this protection pursuant to sentence 1.
(3) the applicant shall submit to the approval authority except the documents referred to in paragraphs 1 and 2 a generally understandable, appropriate for the interpretation of the brief description that provides an overview of the system, its operation and the likely impact on the general public and the neighborhood; the short description on the information required according to § 4e stretches in systems subject to EIA. He has also a directory to submit the application documents, in which the documents that contain business or trade secrets, are specially marked.
(4) requires the project of if approved by more than one authority, and is a leading authority that is not permitting authority intended for the receipt of documents to the environmental impact assessment, on the basis of § 14 para 1 sentence 1 and 2 of the law on environmental impact assessment, has the authority to send the required documents, the leading authority for the environmental impact assessment.
§ 4a data to the plant and plant operation (1) check documents that the information required for the decision pursuant to article 20 or article 21 contain about 1 the equipment, procedures and ancillary facilities to the approval in accordance with § 1 para 2 of regulation covering installations requiring a permit, 2. the demand for land and the State of investment plot, 3. the proposed procedure or the intended procedure types including the necessary data to identify , such as information on type, quantity and quality of a) of the input substances or substance groups, b) intermediate, side - and end products or product groups, c) the accumulated residues and beyond, as far as a material for research and development purposes should are produced, except is according to § 16 para 1 sentence 3 of the chemicals Act from the notification obligation, d) stated to the identity of the substance, if applicable , e) the applicant present proof of testing on physical, chemical and physico chemical and toxicological and ecotoxicological properties of the substance including the removal of behavior, 4. used in the system and accumulating energy, 5. any releases or reactions of substances at errors in the process, 6 type and extent of emissions expected to be emanating from the plant, where is this information as far as dealing with air pollution , also the raw gas before mixing or dilution related to need, the nature, location and dimensions of the emission sources, the spatial and temporal distribution of emissions as well as the exit conditions and 7 the main alternatives in an overview, where appropriate, approved by the applicant.
(2) as far as adverse environmental impacts may be caused, the documentation must also contain: 1. a forecast of expected emissions as far as Immissions values in legal or administrative provisions laid down and a forecast for comparison with these values is required according to the content of these regulations;
2. Moreover where according to legal or administrative provisions making a special case examination information about the nature, extent and duration of emissions and their suitability, to bring about adverse environmental impacts, is.
(3) for plants, on which to apply the regulation on the incineration and co-incineration of waste, must the documentation concerning paragraph 1 also included 1 type (especially waste description and key in accordance with the regulation on the European waste catalogue) and quantity of waste intended for incineration, 2. the minimum and maximum mass flows of waste intended for incineration, indicated as hourly usage quantity , 3. the minimum and maximum calorific values of waste intended for incineration, 4. the largest concentration of pollutants in the waste intended for incineration, in particular on polychlorinated biphenyls (PCBs), pentachlorophenol (PCP), chlorine, fluorine, sulphur and heavy metals, 5. the measures for the feeding of waste and the installation of the burner, so that a possible large-scale combustion is achieved and 6 the measures, such as the emission limit values of the regulation on incinerators for waste and similar combustible materials are respected.
(4) the report on the initial State according to § 10 paragraph 1a of the Federal Immission Control Act has to contain the information that are necessary to determine the State of soil and groundwater pollution, so that a quantified comparison with the State at the closing of the plant can be made. The report on the initial State has to contain the following information: 1. information about the current status of, and, if available, 2. information over the previous use of plant land, about soil and ground water measurement, paragraph 1a of the Federal Immission Control Act reflect the State at the time of the preparation of the report on the initial State according to § 10 and which correspond to the State of metrology; new soil and groundwater measurements are not required, as far as existing information meet the requirements of the first phrase.
Meet information, created on the basis of other provisions, the requirements of in sentences 1 and 2, so can this information in the report about the initial state are recorded or attached to this. The report on the initial state is to create, on the use, generation or release of the relevant dangerous substances through the system is the possibility of contamination of the soil or groundwater for the portion of the investment property. Sentences 1 to 4 are generated when a request for a modification permit only apply when amending new relevant hazardous substances are used, generated or released, or when used with the change for the first time relevant dangerous substances, or released; an existing report on the initial state is to supplement. § 25 paragraph 2 shall remain unaffected.
§ for the decision according to article 20 or article 21 contain 4B information protection measures (1) who need documents information required about 1 measures to protect before and the precaution against harmful environmental impacts, in particular to reduce emissions, and which provided for the measurement of emissions and Immissions, 2. measures for the protection of the public and the neighborhood from other dangers, significant disadvantages and considerable harassment , as details of the appropriate technical and organisational measures a) to prevent errors of the operation as directed and b) to limit the impact of that may arise from errors of the operation as directed, 3. measures for occupational safety and health, 4. measures to protect from adverse environmental impacts and other hazards, considerable disadvantages and considerable harassment for the general public and the neighborhoods in the event of the closure and 5. measures for the monitoring of emissions into the environment.
(2) where a requiring a permit system is operating area or part of an operating range, for which a safety report in accordance with § 9 of the major accidents Ordinance to make is, must the parts of the security report, the sections II No. 1 and 3, III, comply with IV and V Nos. 1 to 3 of annex II to the major accidents Ordinance, be attached to the application, so far as they relate to the requiring a permit system or are they important. In a permitting procedure according to section 16 of the Federal Immission Control Act applies only, as far as safety-relevant parts are affected by the proposed change. In this case the authority may allow the referring to parts of the report of the security limit only on these plant parts if they out understandable and capable of testing can be created despite this limitation of himself.
(3) are evidence that disclosure of the information to pose a significant risk to public safety performing fault of to the establishment or the intended operation of the system by a third party can lead paragraphs 1 and 2 to a, and on such security measures are not possible, sufficient or admissible, the approval authority may request the submission of an understandable out of himself and coherent representation , which is suitable for the interpretation.
§ 4c Plan of waste management the documentation must for the decision according to article 20 or article 21 required information contain on the measures for the prevention or treatment of waste; This in particular are to make the measures to avoid waste, 2. 1 the measures for proper and can material or thermal recycling of waste, 3. the reasons why a further prevention or recycling of waste is technically impossible or unreasonable, 4. the measures provided to eliminate not to avoidance or cheaply wastes including the legal and actual feasibility of these measures and the intended disposal routes , 5. the measures for the recovery or disposal of waste, which can occur when a disturbance of the operation as directed, and 6 the measures to the existing operating setting waste treatment.
§ 4 d information on the energy efficiency of the documents must contain information about intended measures for the economical and efficient use of energy, in particular information about ways to achieve high energy impact and efficiency, to limit energy losses, as well as to the use of accumulated energy.
§ 4e additional information to examine the environmental impact (1) projects subject to EIA is a description of the environment and their components, as well as the protection referred to expected significant effects of the project on that in § 1a with statements about to attach there mentioned interactions the documents, as far as this description for the decision on the authorisation of the project is required.
(2) (repealed) (3) which must documents also an overview of project of tested technical procedures alternatives to protect front and preparedness against harmful environmental impacts, as well as to the protection of the public and the neighborhood from other dangers, significant disadvantages and considerable harassment contain most of the carrier. The main selection reasons are to be communicated.
(4) in the case of the compilation of the information referred to in paragraph 1 and 3 are to take into account the General level of knowledge and the examination steps generally accepted for the implementation of environmental impact assessments and methods. In addition, the applicant on trouble to point out that occurred during the compilation of data for the documents after the §§ 4 to 4e, in particular as far as these difficulties based on lack of knowledge and test methods or technical gaps.
The use of forms for the application and the documents forms that approval authority may require article 5.
§ 6 acknowledgement of receipt the permitting authority has to acknowledge receipt of the application and the documents the applicant immediately in writing.
§ 7 examination of completeness, procedure (1) the licensing authority has upon receipt of the application and the documents immediately, usually within a month, to check whether the application the requirements of § 3 and the documents comply with the requirements of §§ 4 to 4e. The competent authority can extend the period in exceptional cases even for two weeks. The application or the documents are incomplete, the permitting authority has the applicant immediately to urge, to supplement the application or the documents within a reasonable period of time. Exams must be also before submission of the complete dossier, as far as this is possible under the existing documents. The authority may allow can be documents, the details of which are not immediately relevant, in particular the report on the initial State according to § 10 paragraph 1a of the Federal Immission Control Act, until the beginning of the establishment or the plant submitted for the evaluation of the approval of the system as such.
(2) if the documents are complete, the permitting authority has to inform the applicant about the expected to participating authorities and the planned timing of the approval procedure.
Second section participation third section 8 are the documents required for the interpretation (§ 10 para 1) notice of the project (1) completely, so the approval authority has the project in its official bulletin and also either on the Internet or in local newspapers, which are widespread in the area of the location of the plant, to make known publicly. An additional notice and interpretation is also in the cases of § § 22 and 23, only in accordance with paragraph 2 required.
(2) if the project changed during a prior notice procedure, after obtaining a Vorbescheides or during the approval procedure, the approval authority of an additional notice and interpretation must refrain if in the according to § 10 para 1 no circumstances to explain to interpretative documents, which can be detrimental for third parties to get. This is especially the case, if it is apparent that adverse effects for third parties be excluded by the measures taken or envisaged by the carrier of the project or the disadvantages in relation to the respective comparable advantages are low. The project concerns a system subject to EIA, may be waived by an additional notice and interpretation only if no extra or to provide other significant effects on protected goods referred to in paragraph 1a. An additional notice and interpretation is required, limited the possibility of objections and the discussion on the proposed changes; This is to indicate in the contract notice.
§ 9 contents of publication (1) the notice must in addition to the information according to § 10, section 4 of the Federal Immission Control Act 1 designated information and 2. containing the note on the interpretation and the objection period under indication of the first and last date in section 3. The competent licensing authority, the rules governing public participation as well as a cross-border authorities and public participation according to Article 11a be noted.
(2) a week should be between the announcement of the project and the beginning of the term; the estimated date of issue of the publication sheet or the daily newspaper, recently published is decisive.
Article 10 interpretation of application and documents
(1) with the approval authority and, where necessary, in a convenient place near the site of the project of the application and the attached documents are interpreted, which contain the information about the effects of the installation on the neighborhood and the general public. In addition, are, as far as available, other relevant approval authority this impact included present official documentation to the project to be interpreted, the information about the effects of the installation on the neighborhood and the general public, or recommendations to limit. Has the authority to the decision on the permit application on additional regulatory submissions or documents requested of it, the information on the impact these are the annex on the neighborhood and the general public, or recommendations to limit these effects, the public's demand for the provisions of the Federal and State Governments on access to environmental information to make them accessible. The project concerns a system subject to EIA, by the applicant to carry out an environmental impact assessment to be additionally attached documents are; the application and the documents also in the communities are also to be interpreted, where the project is expected to affect. As far as an interpretation of documents can lead according to § 4 b paragraph 3 (b) paragraphs 1 and 2 to a fault within the meaning of section 4, representing is b paragraph 3 these documents pursuant to section 4 to be interpreted. In the application and the documents pursuant to sentences 1, 2 and 4, as well as in the representation pursuant to § 4 b paragraph 3 is to allow inspection during the business hours.
(2) to request a third party a copy or reproduction of the short description is to leave this according to § 4 para 3 sentence 1.
(3) if documents contain business or trade secrets, the content presenter is according to § 10 para 2 sentence 2 of the Federal Immission Control Act be interpreted in their place. The licensing authority considers unjustified, the marking of documents as a business or trade secrets so she has before deciding on the interpretation of these documents to hear the applicant.
Article 10a inspection the approval authority grants inspection of discretion; Corresponding applies section 29, subsection 1, sentence 3, para 2 and 3 of the Administrative Procedure Act. This shall not affect any other rights arising from other legislation on access to information.
Article 11 participation of other authorities at the latest at the same time with the public announcement of the project approval authority, whose remit is touched by the project, calls on the authorities, for their area of competence to deliver an opinion within a period of one month. Star, the application documents shall be sent to the participating agencies. An authority gave no opinion of the period up to the end, it is assumed that the participating authority will not show. The permitting authority has to gain knowledge about the status of the other authorisation procedures relating to the project and to promote their involvement at an early stage to discuss the content of the permit notification envisaged by her with the authorities responsible for these procedures and to vote.
section 11a of the cross-border bodies and public participation (1) can a have significant impact in the application documents to in another State or asks another State, which might significantly is affected by the impact, therefore, so are the authorities designated by the other State at the same time and to the same extent about the projects, including proceedings under § 17 para 1a of the Federal Immission Control Act , as that taught pursuant to section 11 authorities involved; This is one reasonable time limit for the notification to admit whether participation in the procedure is desired. If the other State has not named which in involved, which is Supreme for Environmental Affairs to inform the competent authority of the other State. The briefing is carried out by the authority by the Supreme authority of the country.
(2) (repealed) (3) that guides teaching authority the authorities referred to in paragraph 1 to participating to each a copy of the documents to be publicized according to § 10 section 3 of the Federal Immission Control Act and paragraph 1a of the Federal Immission Control Act tells the planned timing of the approval process or proceedings under section 17. Legislation on confidentiality, in particular for the protection of business or trade secrets remain unaffected; conflicting third party rights must be observed. Also does not affect the provisions of the Federal Data Protection Act and the State data protection law for data transmission in places outside of the scope of the basic law. The permitting authority is opportunity to submit their comments within a reasonable period of time before a decision on the request the authorities of another State on the basis of the submitted documents to participating after the §§ 4 to 4e.
(4) the competent authority has to ensure, that is published to the project in the other State in the appropriate way, it specifies which authority objections can be raised and this is pointed out, that all objections are excluded with the objection deadline, not based on special private titles. The other State residents are assimilated in terms of residents on their further participation in the approval process.
(5) the approval authority may require that you the carrier of the project and, if necessary, another for cross-border public participation of meaningful information, provides to the project, in particular on cross-border environmental impact, where in relation to another State fulfils the requirements of the principles of equality and reciprocity are a translation of the description according to section 4, paragraph 3, sentence 1.
(6) the approval authority the decision on the application, including the establishment and the name of the BVT memo relevant to the concerned plant the authorities of the other State involved. Subject to the requirements of the principles of equality and reciprocity, you can attach a translation of the permit notification.
(7) permit notifications and updates to permits from other States are accessible.
Objections (1) can article 12 objections to the approval authority or be collected at the Office, at the request and documents for inspection are available. After the objection period, the permitting authority, taking into account article 14 decides whether a hearing pursuant to § 10 para 6 of the Federal Immission Control Act is performed in the permitting procedure. The decision is to make publicly known.
(2) the objections are to announce the applicant. The objections are the authorities involved pursuant to section 11 to announce, affecting its remit. At the request of the objector whose name and address before the announcement should be made unrecognizable, if these are not required for the proper implementation of the approval procedure; This way, it is noted in the public notice.
§ 13 expert opinion (1) approval authority will bring expert opinion one, as far as this is necessary for the examination of the conditions for authorisation. To do this, to be commissioned as possible up to the date of publication of the project (section 8). As far as according to § 4 b paragraph 2 the application to include those parts of the safety report according to § 9 of the major accidents Ordinance include the sections II No. 1 and 3, III, IV and V Nos. 1 to 3 of annex II to the major accidents Ordinance, the obtaining of expert evidence to assess the information in these documents is usually necessary. Obtaining expert opinion is also needed to assess the economic analysis including the cost benefit comparison in accordance with § 6 of the CHP cost benefit comparison regulation normally, unless it is an opinion a responsible for the examination of the economic analysis according to legal regulations federal authority before, as well as to assess the information on the financial situation in accordance with § 8 paragraph 2 of the CHP cost benefit comparison regulation. Experts can also be used with the consent of the applicant if you expect that this accelerates the approval procedure.
(1a) takes account of decision, whether submitted documents should be validated by external experts, the site registration is under Regulation (EC) no 761 / 2001 of the European Parliament and of the Council of 19 March 2001 allowing voluntary participation by organisations in a Community eco-management and audit (scheme EMAS).
(2) a report proposed by the applicant is to examine other documents within the meaning of § 10 para 1 sentence 2 of the Federal Immission Control Act. A mandate for the carrier of the project opinion after consultation with the permitting authority or he grants him to an expert who is according to § 29 announced b paragraph 1 of the Federal Immission Control Act by the competent national law in this area, the present opinion is regarded as expert opinion within the meaning of paragraph 1; This also applies to reports, which are created by an expert, which complies with the requirements of section 29a para 1 sentence 2 of the Federal Immission Control Act.
Third section section 14 hearing date purpose (1) serves the hearing date to discuss timely raised objections, as far as this may be for the examination of the approval conditions of importance. He should have raised those objections, provide an opportunity to explain their objections.
(2) timely raised objections are received within the objection period for the authorities referred to in article 12, paragraph 1.
Article 15 special objections are objections based on special private titles, in the hearing not to treat. they are to refer to legal action in the ordinary courts by written notification.
Article 16 Elimination (1) a hearing does not take place, if objections to the project not or not timely raised have been 1, 2. the timely raised objections have been withdrawn, 3. only objections were raised, which are based or 4 require the collected observations according to the authority of any discussion on special private titles.
(2) the applicant shall be informed of the disappearance of the appointment.
§ 17 laying (1) approval authority may lay the made known date of the hearing if this is necessary with regard to its purpose-oriented implementation. Place and time of the new hearing shall be determined at the earliest possible date.
(2) the applicant and those who have raised objections in a timely manner, are to inform of the laying of the hearing. You can be notified by public notice in corresponding application of § 10 para 3 sentence 1 of the Federal Immission Control Act.
§ 18 (1) the hearing is public. In some cases, the public can be excluded for special reasons. Representatives of the supervisory authorities and persons who are employed by the authority to the training, are eligible to participate.
(2) the head of negotiation can determine that objections will be discussed together. In this case, he has to announce the order of the discussion. May restrict the right to participate in for a certain period of time at the hearing on the persons, whose Einwendungen will be discussed together.
(3) the charge given the word and can escape it one, which exceeds a time fixed by him for the individual speeches or makes remarks that are not the subject of the hearing or appeals relating to the objection to be treated are not.
(4) the charge is responsible for the order. He can remove people who disobey his orders. The hearing date can continue without these people.
(5) the head of the negotiations ended the hearing date, if its purpose is achieved. He can explain the hearing date for completed when, even after an adjournment, the hearing date from the circle of participants is again so disturbed that its correct implementation is no longer guaranteed. Persons whose Einwendungen still discussed not or not yet fully, can explain in writing their objections to the approval authority within one month after termination of the appointment; then, those present at the termination of the appointment should be pointed out.
Article 19 (1) minutes of the hearing is to produce a transcript. The transcript must include information about 1 the place and the day of discussion, 2. the name of the negotiation leader, 3. the subject of the approval procedure, 4. the course and the results of the hearing.
The transcript is from the head of negotiation and, as far as a Secretary is been consulted, even by this sign. Inclusion in a font just taking in the trial transcript is available, that you added as an attachment and as such is known. the plant is noted in the trial transcript. The permitting authority is able to record the date of the hearing for the purpose of preparing the transcript recorded. The recordings are entering the nonrepudiation of the decision on the permit application to delete; the conditions of § 9 para 2 of the Federal Immission Control Act exist in the case of a notice procedure, is the deletion after the occurrence of the ineffectiveness of perform.
(2) the applicant a copy of the transcript can be left. On request, a copy of the transcript is also one who has raised objections in a timely manner, to leave.
Fourth section approval section 20 decision (1) are determined all the circumstances for the assessment of the application of importance, has to decide the approval authority the application immediately. After the objection period or, as far as a hearing date according to § 10 para 6 of the Federal Immission Control Act is carried out, incoming after the hearing comments from according to § 11 participating authorities should no longer be considered, unless the expressed public concerns are already known to the permitting authority or should have been aware or are for the assessment of the conditions for authorisation of importance.
(1a) systems subject to EIA developed the permitting authority on the basis of the documents to be annexed to section 4 to 4e according, the official opinions according to the § § 11 and 11a, of the results of its own investigation as well as the comments and objections of third parties a summary of the expected impact of the project on the protection referred to in Article 1a, including the interaction, as well as the measures that avoid significant adverse effect on the protection , reduced or balanced, including the alternative measures not recoverable, but priority interventions in nature and landscape. The appearance is possible within one month after the expiry of the objection period or, as far as a hearing date according to § 10 para 6 of the Federal Immission Control Act is carried out, to work out of the hearing. Needs the project of of approval by several authorities, then is drawing up the summary description of the permitting authority only, if it is determined in accordance with article 14, paragraph 1, sentence 1 and 2 of the law on environmental impact assessment as the lead authority; She has at least with other regulatory authorities and the nature conservation agency to develop the presentation together, whose remit will be affected by the project.
(1B) the approval authority assessed as possible within one month after drawing up the summary description on the basis of and legal relevant to its decision and administrative provisions the impact of the project on the protection referred to in paragraph 1a. Requires the project of approved by several authorities, these have in cooperation on the basis of the summary description according to paragraph 1a to make an overall assessment of the impact; the approval authority is the lead authority, she to ensure the interaction. The permitting authority has the made or overall valuation when deciding on the request in accordance with the for this legislation to be considered.
(2) the application must be rejected if the examination reveals that the conditions for authorisation are not available and their fulfillment cannot be ensured by incidental provisions. He should be rejected if the applicant of a prompt to supplement the documents is not fulfilled within a set period, which should not exceed in the case of their extension of three months.
(3) § 10 section 7 of the Federal Immission Control Act applies for the decision. The decision concerns a system subject to EIA and is a summary of designed according to paragraph 1a by the approval authority, it must be in the justification for the decision.
(4) is completed the approval process in other ways, the applicant and the persons who raised objections are to notify about this. § 10 paragraph 8, sentence 1 of the Federal Immission Control Act shall apply mutatis mutandis.
Article 21 content of the permit notification (1) the permit must contain the indication of the name and residence or seat of the applicant, 2. 1 indicating that an approval, a partial permit or an amendment is granted, and the indication of the legal basis, 3.
the exact name of the subject of approval including the location of the plant, as well as the report on the initial state, 3a.
Setting the required emission limits, including the rationale for the establishment of less stringent emission limits according to § 7 paragraph 1 sentence 1 number 2, article 12 paragraph 1 b or article 48, paragraph 1 b set 1, paragraph 2 of the Federal Immission Control Act, 4. the incidental provisions for approval, 5. the justification of the; stating the main factual and legal reasons that have prompted the Agency to make its decision, and the treatment of objections systems subject to EIA the summary is par. 1a, as well as the evaluation according to § 20 pursuant to section 20 para 1 b in the explanatory statement to record, 6. details on the procedure for the involvement of the public, 7 a legal appeal.
(2) the permit shall contain the hint that the permit, without prejudice to the administrative decisions was made be included according to section 13 of the Federal Immission Control Act of approval.
(2A) except the particulars referred to in paragraph 1 must contain the permit for the following information equipment according to Industrieemissions: 1. provisions regarding the control of the soil and groundwater as well as measures for the monitoring and treatment of waste generated by the plant, 2. provisions for the verification of compliance with emission limit values, or other requirements, in the case of measurements a) requirements for the measurement methodology , the frequency of the measurements and the evaluation procedure for the monitoring of emissions, b) the requirement that in cases where a value outside the emission bandwidth in the bat conclusions mentioned was set, the results of the emissions monitoring for the same periods and reference conditions must be available as for the emission bandwidth of the bat conclusions apply, 3. requirements for a) regular maintenance, b) monitoring the measures to prevent the pollution of soil and groundwater, as well as c) the monitoring of soil and groundwater in terms of in the system used, generated or released relevant hazardous substances, including the periods in which the monitoring to take place has 4.
Measures with regard to deviate from the normal operating conditions conditions, such as the arrival and shutting down the plant, the accidental leakage of substances, errors, brief shut-down of the plant as well as the permanent cessation of the operation, 5. arrangements for the widest possible reduction of long-distance or transboundary pollution.
In cases covered by paragraph 3, the time periods for the monitoring are letter c to set so that it at least every five years for the ground water and at least every ten except years for soil behavior, this monitoring is done on the basis of a systematic evaluation of the pollution risk.
(3) in addition to the particulars referred to in paragraph 1, the permit for equipment's Ordinance, the incineration and co-incineration of waste apply to must contain information 1 type (especially waste key and labeling in accordance with the regulation on the European waste catalogue) and quantity of wastes approved for combustion, 2. the entire waste incineration and waste of incineration capacity of the plant, 3. the minimum and maximum mass flows of waste authorised for combustion , expressed as hourly usage amount, 4 the lowest and highest calorific values of wastes approved for combustion and 5. the largest concentration of pollutants in the waste admitted to burning, especially on polychlorinated biphenyls (PCBs), pentachlorophenol (PCP), chlorine, fluorine, sulphur and heavy metals.
§ 21a public notice without prejudice to article 10, paragraph 7 and 8, sentence 1 of the Federal Immission Control Act is the decision on the application to make if the public participation procedure was performed or the carrier of the project requested this publicly known. § 10, section 8, sentence 2 and 3 of the Federal Immission Control Act shall apply mutatis mutandis. In the public notice is to specify where and when the official decision and its rationale can be viewed.
Part two special provisions section 22 part approval (1) is an application within the meaning of article 8 of the Federal Immission Control Act, the approval authority may allow, make final information only in respect of the subject of the partial permit in the documents. In addition are details to make a sufficient judgment allowing for a preliminary examination, whether the requirements relating to the construction and operation of the entire system will be available.
(2) to interpret the application, the documentation according to § 4, as far as they relate to the subject matter of the respective partial permit, and such documents, the information on the effects of the installation on the neighborhood and the general public are included.
(3) concerns the project a system subject to EIA, that extends itself in the procedure for granting a partial permit that are subject to the approval of this part of environmental impact assessment within the framework of the preliminary examination in the sense of paragraph 1 on the visible impact of the entire system of protection referred to the § 1a and finally the effects is required to findings or restriction, discovery, description, and evaluating. In a procedure to decide on a further partial permit with the involvement of the public, should the examination of environmental compatibility in the following procedure on additional or other significant effects are limited to the protection referred to in paragraph 1a. The information on the expected scope according to § 2a is confined to the expected scope of the carried out environmental impact assessment; According to paragraph 4 and 4e, as well as the interpretation of these documents, they apply to the documents to be annexed to the application for the environmental impact assessment according to paragraphs 1 and 2.
Notice (1) application for a Vorbescheides need except for the information referred to in article 3, in particular the specific indication for which licensing requirements or what site the prior notice is requested, include article 23.
(2) the notice must contain the indication of the name and residence or seat of the applicant, 2. 1 indicating that a notice is issued, and the indication of the legal basis, 3. the exact name of the subject of Vorbescheides, 4. the conditions and reservations, in which the notice is given, 5th the grounds from the main factual and legal reasons , which have led the authority for its decision, and the treatment of the objections; emerge systems subject to EIA the summary of para 1a, as well as the evaluation b is in the explanatory statement to record section 20 pursuant to section 20 para 1.
(3) the notice shall contain 1 the reference to section 9, paragraph 2, of the Federal Immission Control Act, 2. be the note that the notice not to the construction of the plant, or parts of the authorized 3 included the note that the notice without prejudice to the administrative decisions is issued according to § 13 of the Federal Immission Control Act of approval, and 4. the right of appeal.
(4) section 22 shall apply mutatis mutandis.
§ 23a spatial planning procedures and approval procedures (1) which has approval authority determined that in the spatial planning process or any other planning process that meets the requirements of section 15 paragraph 2 of the spatial planning Act (raumordnerisches procedure), to consider b described and assessed impacts of the project on the environment when deciding on the request in accordance with section 20, paragraph 1.
(2) in the permitting procedure is determined in the planning process and described impact on the protection referred to in Article 1a of the requirements of sections 2a, 4-4e, 11, 11a and 20 para 1a in this respect be waived as these process steps are already made in the planning process.
§ 24 simplified procedures under the simplified procedure are § 4 para 3, §§ 8 to 10a, section 11a, subsection 4, 12, 14 to 19 and the regulations concerning the implementation of the environmental impact assessment not applicable. § 11 shall apply mutatis mutandis.
§ 24a approval early start (1) an application for registration of the premature start in the sense of paragraph 8a of the Federal Immission Control Act is made in proceedings for the issuing of a permit, so must this 1 set out the public interest or the legitimate interest of the applicant at the early beginning and 2 contain the obligation of the carrier of the project, all up to the granting of approval by the establishment , caused damages to replace the trial operation and the operation of the system and, if the project is not approved will revert back to the previous state.
(2) the decision on the admission of the premature start must contain the indication of the name and residence or seat of the applicant, 2. 1 indicating that the early start is allowed, and the indication of the legal basis, 3. the exact name of the subject of the notification, 4. the incidental provisions of the approval, 5.
the justification should emerge the main factual and legal reasons that have prompted the Agency to make its decision.
(3) the decision on the admission of the early start is to include 1 the confirmation of the commitment referred to in paragraph 1, 2. the note that the approval may be revoked at any time 3. the provision of a guarantee, if necessary, the fulfilment of the obligations of the carrier of the project to secure.
Part three final provisions § 25 (1) procedures that have been started before the entry into force of an amendment to this regulation, transitional provisions are to finish according to the provisions of the amended regulation. A repetition of procedure sections is not required.
(2) § 4a paragraph 4 is set 1 to 5 plants, which were on May 2, 2013 in operation or for which prior to this date granted a permit or for which prior to that date by their operators a complete permit application set to apply first amendment with regard to the entire system, according to the 7th January 2014, regardless of whether the requested change use , relates to the creation or the release of relevant hazardous substances. Installations pursuant to sentence 1, which were not covered by Annex I of Directive 2008/1/EC on the integrated prevention and reduction of environmental pollution, have to meet the stated requirements 7 July 2015 notwithstanding sentence 1.
Section 26 Berlin clause (irrelevant) section 27 (entry into force)
Search Translated Laws of Germany