Ninth Regulation On The Implementation Of The Federal Immission Control Act

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

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

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

Non-official table of contents

9. BImSchV

Date of delivery: 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 June 2001. April 2015 (BGBl. I p. 670) "

:Recaught by Bek v. 29.5.1992 I 1001;
Last modified by Art. 5 V v. 28.4.2015 I 670

See Notes

Footnote

(+ + + Text Proof: 1.9.1980 + + +)

for details on the stand. unofficial table of contents

content overview

First Part
General Rules
First Section
Scope, Application, and Documents
§ 1 Scope
§ 1aSubject to Environmental Impact Assessment
§ 2Application creation
§ 2aInformation on presumably to be provided documents for projects subject to UVP
§ 3Application content
§ 4Application documents
§ 4aInformation about the asset and the Asset Operation
§ 4bProtections Evidence
§ 4c Plan to handle the waste
§ 4dEnergy Efficiency Data
§ 4eAdditional information on environmental impact assessment
§ 5 Forms
§ 6Receipt Confirmation
§ 7 Completeness Check
Second Section
Participation of third parties
§ 8Announcement of the project
§ 9Notice content
§ 10Design of application and Documents
§ 10aFile inspection
§ 11 Participation of other authorities
§ 11aCross-Border Authorities and Public Participation
§ 12objection
§ 13 Expert Report
Third Section
Discussion Date
§ 14Purpose
§ 15 Special objections
§ 16Wegfall
§ 17laying
§ 18History
§ 19Niederschrift
Fourth Section
Approval
§ 20Decision
§ 21Approval modest content
§ 21aDelivery by public Notice
Second Part
Special Rules
§ 22partial approval
§ 23 Vorbescheid
§ 23aSpatial planning and approval procedures
§ 24Simplified procedure
§ 24aAdmission Start
Third Part
Final Rule
§ 25Transitional

First part
General rules

First Section
Scope, Application and Documents

Non-Official Table of Contents

§ 1 Scope

(1) For the installations mentioned in the Fourth Regulation implementing the Federal Immission Control Act (Regulation on approved installations), the procedure for granting style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
an approval
a)
for erection and operation,
b)
to change the location, nature, or nature of the Operation (change approval),
c)
for the installation or operation of an installation or part of an installation, or for the installation and operation of part of a plant (partial approval)
2.
of a pre-order,
3.
an approval of the premature Start or
4.
a subsequent arrangement according to § 17 (1a) of the Federal Immission Control Act
pursuant to this Regulation, in so far as it is not in the § § 8 to 17 and 19 of the Federal Immission Protection Act or in § 2 of the Fourteenth Ordinance on the implementation of the Federal Immission Protection Act (Ordinance on annexes to national defence) is regulated; § 3 (2) of the Act on the Federal Immission Control Act Environmental impact assessment remains unaffected.(2) Where the establishment and operation of an installation requires the carrying out of an environmental impact assessment (EIA-subject), the environmental impact assessment shall be an independent part of the procedures referred to in paragraph 1. 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. Administrative provisions.(3) An environmental risk assessment in accordance with paragraph 2 shall be carried out in the procedure for the granting of an amendment to an annex to Appendix 1 to the Environmental Impact Assessment Act, if the plant in the Annex to the EIA is subject to an environmental impact assessment in accordance with paragraph 2. Annex 1 to the Environmental Impact Assessment Act shall be reached or exceeded by a change or extension itself or if the change or extension is likely to have significant adverse effects on the environmental impact of the environmental impact assessment. If the proposed transaction is subject to approval by a number of authorities, the approval authority shall, in cooperation at least, assess whether the change may have such effects with the other regulatory authorities and the nature conservation authority whose remit is affected by the project. Non-official table of contents

§ 1a Subject of Environmental Impact Assessment

The examination procedure referred to in § 1 (2) includes the investigation, Description and evaluation of the significant effects of an EIA on people, including the requirements for the examination of the conditions of approval and of the assessment of the protection of nature and of the countryside, of an EIA subject to a requirement for an EIA 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. Non-official table of contents

§ 2 Application

(1) The application must be submitted to the approval authority in writing by the institution of the project. The promoter 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 advise it with regard to the submission of the proposal and the timing of the approval procedure and any other This procedure raises serious questions. 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,
,
1.
which application documents should 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 the project for the procedure,
3.
which reports are expected to be required and how to avoid duplication of opinion
4.
how the process of the approval process can be developed over time and what other measures to simplify and speed up the approval process from the carrier of the The project and the approval authority may be taken,
5.
whether a procedural acceleration can be achieved by the fact that the official Procedural representative, who supervises the design of the time-of-proceedings as well as the organisational and professional provision, on a proposal or with the 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 applies. Non-official table of contents

§ 2a Information on expected documents to be provided in the case of projects subject to an EIA

(1) Provided that the institution of a An EIA-based project requested by the approval authority before the beginning of the approval procedure or if the approval authority deems it necessary after the beginning of the approval procedure, the approval authority has informed him of 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, the contents and scope of the documents which are expected to be provided in accordance with § § 3 to 4e must be informed at an early stage. 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 Provide information as far as the rights of third parties are not in conflict.(2) If the proposed project of approval by a number of authorities is necessary, the approval authority shall be responsible for the tasks referred to in paragraph 1 only if, pursuant to the first sentence of Article 14 (1) and (2) of the Act on Environmental Impact Assessment, it is the lead-in Authority is determined. 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. Non-official table of contents

§ 3 Application content

The application must contain
1.
specifying the name and residence or seat of the applicant,
2.
whether to apply for an approval or advance notice and in the case of an application for approval, whether it is a change permit, whether a partial approval or whether an application for early start is requested,
3.
indication of the location of the installation, in the case of a site-changing installation, the indication of the intended Locations,
4.
Information about the type and scope of the asset,
5.
the information to which When 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, the approval authority shall be to indicate this in the application. Non-official table of contents

§ 4 Application documents

(1) The application must be attached to the documents that are required to verify the approval requirements. are required. It shall be taken into account whether the installation 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 June 2009. 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 1. 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 registers. The underlying environmental audit report is included. The documents referred to in the first sentence must contain in particular the information required in accordance with § § 4a to 4d, and in the case of installations subject to the UVP, the additional information according to § 4e.(2) In so far as the admissibility or the execution of the project is to be considered in accordance with the provisions relating to nature protection and the maintenance of the landscape, the documents required for this purpose shall be attached; the requirements for the contents of these documents shall be determined in accordance with the rules of nature protection law. 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 interventions contained in these protective goods.(3) In addition to the documents referred to in paragraphs 1 and 2, the applicant shall submit to the approval authority a generally comprehensible brief description of the plant, its operation and the operation of the plant, as appropriate for the design. the likely impact on the general public and the neighbourhood; in the case of installations subject to an EIA, the brief 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 trade secrets are particularly marked.(4) The project of approval by a number of authorities and, on the basis of the first sentence of Article 14 (1) and (2) of the Law on Environmental Impact Assessment, is a lead authority which is not an approval authority for the purpose of receiving the documents in order to check environmental compatibility, the approval authority shall also forward the documents required for the assessment of environmental compatibility to the lead authority. Non-official table of contents

§ 4a Information on the installation and operation of the plant

(1) The documents must be the documents required for the decision in accordance with § 20 or § 21 information required by
1.
contains the asset parts, process steps, and secondary devices, to which the approval requirement extends according to Article 1 (2) of the Regulation on installations requiring approval,
2.
the need for ground and the condition of the plant's property,
3.
the intended procedure or types of procedure, including the necessary data for marking, such as information on the type, Quantity and quality
a)
of the materials or groups of materials,
b)
the intermediate, secondary, and end products or product groups,
c)
the resulting waste
and in addition, to the extent that a substance is to be manufactured for purposes of research and development, which is exempted from the obligation to provide information pursuant to Section 16b (1) sentence 3 of the Chemicals Act,
d)
The identity of the substance, if any,
e)
Proof of physical, chemical and physico-chemical and toxic and ecotoxicological properties of the substance, including the Degradation behavior
4.
the energy used in the asset,
5.
Possible releases or reactions of substances in case of malfunctions in the process sequence,
6.
Art 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 raw gas prior to mixing or dilution, the nature, location and dimensions of the emissions. emission sources, the spatial and temporal distribution of emissions as well as the exit conditions and
7.
the most important of the applicants, if necessary
(2) Where harmful environmental impacts 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 and administrative provisions and according to the content of these regulations a forecast of the Comparison with these values is required;
2.
Other information on the nature, extent and duration of immissions, as well as their suitability, adverse environmental impacts in so far as a special examination of waste is to be carried out under the laws, regulations or administrative provisions.
(3) For installations to which the Regulation on the incineration and co-incineration of waste is to be applied, the documents must: in addition to paragraph 1, contain information on
1.
Type (in particular, waste designation and key in accordance with the Regulation on the European Waste List) and the quantity of waste to be incinerated,
2.
the smallest and largest mass flows of the incineration ,
3.
the smallest and largest calorific values of the waste intended for combustion,
4.
the largest 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 feeding of the waste and the installation of the burners, so as to reach as wide a burn as possible, and
6.
the measures to comply with the emission limit values of the Regulation on incinerators for waste and similar flammable substances.
(4) The report on the Initial state in accordance with § 10 paragraph 1a of the Federal Immission Control Act has to contain the information necessary to determine the state of soil and groundwater pollution, so that a quantified comparison with the condition can be made when the plant is set up. The initial state report has the following information:
1.
About the current use and, if available, on the earlier use of the asset's property,
2.
Information about ground and groundwater measurements, which are the condition of the Date of preparation of the report on the initial state according to § 10 paragraph 1a of the Federal Immission Protection Act and which correspond to the state of measurement technology; new ground and groundwater measurements are not required, as far as already
Fill in the information provided under other provisions, the requirements of the first and second sentences, and this information may be included in the report on the The initial state is recorded or added 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 with the amendment or if, for the first time, the amendment uses dangerous substances which are relevant for the purpose of amending the amendment. shall be used, produced or released, and an existing report on the initial condition shall be supplemented. Section 25 (2) shall remain unaffected. Non-official table of contents

§ 4b Information on the protection measures

(1) The documents must be the required for the decision pursuant to § 20 or § 21. Specify
1.
for protection against and prevention of harmful effects. Environmental impacts, in particular to reduce emissions, and to measure emissions and emissions,
2.
the proposed measures to protect the environment The general public and the neighbourhood against other dangers, major drawbacks and significant nuisances, such as information on the technical and organisational arrangements provided for: style="font-weight:normal; font-style:normal; text-decoration:none; ">
a)
to prevent disruptions of the intended operation and
b)
to limit the effects that may result from failures of the intended
,
3.
the work protection measures provided,
4.
the intended actions to protect against harmful Environmental impact and other hazards, major drawbacks and significant annoyances for the general public and the neighbourhood in the case of the operation setting and
5.
the planned measures to monitor emissions into the environment.
(2) Insofar as an approved plant is an operating area or part of an operating area, for which is to be prepared according to § 9 of the incident regulation, the parts of the safety report, which comply with sections II (1) and (3), (III), (IV) and (V) (No 1) to (3) of Annex II to the incident, must be attached to the application insofar 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 such a 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 can be prepared in a comprehensible and verifiable manner, in spite of this limitation.(3) there is evidence that disclosure of the information referred to in paragraphs 1 and 2 to a serious risk to public safety of the establishment or operation of the plant by third parties , and whereas, if security measures are not possible, sufficient or permissible in relation to them, the approval authority may require the submission of a presentation, which is comprehensible and coherent, and which shall be interpreted as meaning is suitable. Non-official table of contents

§ 4c Waste management plan

The documents must be the required for the decision in accordance with § 20 or § 21 Information on the prevention or recovery of waste, in particular information on
1.
the planned measures to prevent waste,
2.
the measures provided for Proper and harmless material or thermal recovery of the waste,
3.
the reasons why further prevention or recovery of waste is not possible. wastes not technically possible or unreasonable,
4.
the measures envisaged for the disposal of waste not to be avoided or to be redeemed, including the the legal and actual feasibility of these measures and the disposal routes provided for,
5.
the measures envisaged for the recovery or disposal of Wastes which may arise in the event of a disturbance of the intended operation, as well as
6.
the measures envisaged for the treatment of those with an operational setting existing waste.
Non-official table of contents

§ 4d Information on energy efficiency

The documents must provide information on the measures provided for contain the economical and efficient use of energy, in particular information on the possibilities for achieving high levels of energy efficiency and efficiency, for limiting energy losses and for the use of the energy produced. Non-official table of contents

§ 4e Additional information on environmental impact assessment

(1) For EIA-based projects, the documents are: Description of the environment and its components and the likely significant impact of the project on the protected goods referred to in § 1a, together with information on the interactions referred to therein, provided that this description is intended for the Decision on the approval of the project is required.(2) (repealed) (3) The dossiers must also provide an overview of the main technical alternatives examined by the institution of the project in order to protect against and protect against harmful environmental effects and to protect the The general public and the neighbourhood are exposed to other dangers, significant disadvantages and significant nuisances. The main reasons for selection are to be communicated.(4) In compiling the information referred to in paragraphs 1 and 3, account should be taken of the general state of knowledge and the examination steps and methods generally accepted for carrying out environmental impact assessments. 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. Non-official table of contents

§ 5 forms

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

§ 6 Confirmation of receipt

The approval authority has received the application and documents from the applicant. to confirm in writing without delay. Non-official table of contents

§ 7 Verification of completeness, process flow

(1) The approval authority, after receipt of the application and the Documents without delay, usually within one month, to check 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 according to the documents already available. The Authority may allow documents whose details are not directly relevant for 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 dossier is complete, the approval authority shall inform the applicant of the authorities likely to be involved and the scheduled timing of the approval procedure. name="BJNR002740977BJNG000301308 " />

Second Section
Third Party Participation

Non-official table of contents

§ 8 Announcement of the Project

(1) If the documents required for the 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, which shall: in the area of the site of the plant, to make public the information. An additional notice and interpretation is required, even in the cases of § § 22 and 23, only in accordance with the provisions of paragraph 2.(2) If the project is amended during a pretender procedure, after a pre-modesty or during the authorisation procedure, the approval authority shall be allowed to see an additional contract notice and interpretation if, in accordance with § In the case of documents to be issued, the documents to be issued shall not be set out in any circumstances which would cause adverse effects for third parties. 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. Non-official table of contents

§ 9 Content of the notice

(1) The notice must be published in addition to the information specified in section 10 (4) of the Federal Immission Protection Act
1.
the information referred to in § 3 and
2.
the reference to the interpretive and memorization period, specifying the first and last day
. The competent licensing authority, the rules governing the participation of the public and a cross-border public participation and public participation in accordance with Section 11a shall be noted.(2) Between the publication of the project and the beginning of the interpretation period, one week shall lie; the date of the publication of the publication or the daily newspaper, which appears last, shall be the decisive date. Non-official table of contents

§ 10 Interpretation of application and documents

(1) At the approval authority and, where necessary, at a suitable In the vicinity of the location of the project, the application and the documents accompanying it shall be interpreted as containing the information on the effects of the plant on the neighbourhood and the general public. In addition, to the extent that it exists, the other official documentation available to the approval authority is to be interpreted as having regard to the project, the information on the impact of the plant on the neighbourhood and the general public or make recommendations to limit those 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 in lieu of these documents. The application and the documents referred to in sentences 1, 2 and 4 as well as the presentation in accordance with section 4b (3) shall be granted during the service hours.(2) At the request of a third party, a copy or reproduction of the short description in accordance with Section 4 (3) sentence 1 shall be left to the third party.(3) As far as documents contain business or trade secrets, the content presentation shall be interpreted in their place in accordance with § 10 (2) sentence 2 of the Federal Immission Control Act. If the approval authority considers the marking of the documents to be unauthorised as a business or trade secret, it shall consult the applicant prior to the decision on the interpretation of these documents. A non-official table of contents

§ 10a File inspection

The approval authority grants access to the file according to its discretion; § 29 (1) sentence 3, para. 2 and 3 of the Administrative Procedure Act shall apply accordingly. Any other rights to access information arising from other legislation shall remain unaffected. Non-official table of contents

§ 11 Participation of other authorities

At the latest with the public announcement of the project, the approval authority, the authorities whose remit is affected by the project, shall issue an opinion within a period of one month for their area of responsibility. 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 state of the other approval procedures relating to the project and shall seek to contribute to 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. Non-official table of contents

§ 11a Cross-border authorities and public participation

(1) A project can be significant in the If the application documents are likely to have a descriptive effect in another State, or request another State which is likely to be significantly affected by the effects, the authorities designated by the other State shall be made the same the date and the same extent of the project, including procedures pursuant to section 17 (1a) of the Federal Immission Control Act, as notified in accordance with Article 11; a reasonable period of time for the notification shall be given as to whether: 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 national competent authority.(2) (repealed) (3) The teaching authority shall forward to the competent authorities pursuant to paragraph 1 a copy of the documents to be made publicly known in accordance with Article 10 (3) of the Federal Immission Protection Act and shall inform the planned authorities of the planned the timing of the approval process or the proceedings in accordance with § 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 deliver their opinions within a reasonable period of 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 any objections may be raised, indicating that the project is to be used in the same way as: The expiry of the application period shall be excluded from any objections which are not based on special private-law titles. Persons resident in the other State shall be treated as nationals with a view to their continued participation in the authorisation procedure.(5) The approval authority may require the institution of the project to provide a translation of the short description as referred to in the first sentence of Article 4 (3) and, where necessary, further information relevant to the cross-border public participation of the project. Projects, in particular those relating to transboundary environmental effects, provided that the conditions of reciprocity and equivalence are met in relation to the other State.6. The approval authority shall communicate to the authorities of the other State concerned the decision on the application, including the statement of reasons and the name of the BVT information sheet applicable to the installation in question. 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 available. Non-official table of contents

§ 12 objections

(1) objections may be made to the approval authority or to the body at the time of the application and documents are available 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 § 11 shall be informed 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. Non-official table of contents

§ 13 Expert Report

(1) The approval authority shall obtain expert opinions as far as this is necessary for the examination the conditions for approval are necessary. 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 consulted with the applicant's consent if it is to be expected that this will speed up the authorisation procedure.(1a) In deciding whether submitted documents should be reviewed by external experts, the registration of the site shall be carried out in accordance with Regulation (EC) No 761/2001 of the European Parliament and of the Council of 19 June 2001 on the application of the documents to be submitted to the European Parliament and the Council. The European Parliament adopted a resolution on the voluntary participation of organisations in a Community eco-management and audit scheme (EMAS) in March 2001.(2) An opinion presented by the applicant shall be considered as other document 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 Control Act.

Third Section
Discussion date

Non-official Table of contents

§ 14 Purpose

(1) The date of discussion shall be used to discuss the objections raised in good time, insofar as this may be of importance for the examination of the conditions of approval. It is intended to give those who have made objections an opportunity to explain their objections.(2) In the event that the authorities referred to in Article 12 (1) have received a legal notice, objections have been raised within the time limit for the application. Unofficial table of contents

§ 15 Special objections

Objections based on special private-law titles are discussed in the discussion date not to be treated; they shall be referred by written communication to the courts of law before the ordinary courts. Unofficial table of contents

§ 16 omitting

(1) A discussion date does not take place if
1.
objections against the project have not been raised or not made in good time,
2.
the objectionable objections have been withdrawn,
3.
only objections , which are based on special private-law titles, or
4.
which, according to the assessment of the Authority, are not subject to any discussion
(2) The applicant shall be informed of the omission of the appointment. Unofficial table of contents

§ 17 relocation

(1) The approval authority may move the announced discussion date when this is done with regard to the implementation of which is appropriate. The place and time of the new discussion date shall be determined at the earliest possible date.(2) The applicant and those who have made 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. Untampered Table of Contents

§ 18 History

(1) The discussion date is public. On a case-by-case basis, the public can be excluded for special reasons. Representatives of the supervisory authorities and persons who are employed by the Authority shall be entitled to participate.(2) The negotiator may determine that objections are to be discussed in summary. 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 who exceeds a speaking time fixed by him for each of the speeches or statements which do not concern the subject-matter of the discussion or not in a factual context with the application to be treated.(4) The negotiator shall be 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 shall terminate the discussion date when its purpose is achieved. 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

§ 19 Niederschrift

(1) A record is to be made on the discussion date. The transcript must contain information about
1.
the location and day of the discussion,
2.
the name of the negotiation leader,
3.
the subject of the approval process,
4.
the course and results of the discussion date.
The minutes are from the negotiator and, to the extent that a writer has been added, also from this sign. 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 To be deleted after the occurrence of the invalidity.(2) A copy of the transcript shall be left to the applicant. On request, a copy of the transcript is also available to the person who has filed an objection in good time.

Fourth Section
Approval

Non-Official Table of Contents

§ 20 Decision

(1) If all the circumstances that are relevant to the assessment of the application are identified, the 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, detailed opinions of the authorities involved in accordance with § 11 shall be submitted after the discussion date. shall no longer be taken into account unless the public concerns raised are already known or have been known to the approval authority or are relevant for the assessment of the conditions of approval.(1a) In the case of installations subject to an EIA, the approval authority shall draw up, on the basis of the documents to be annexed in accordance with § § 4 to 4e, the official statements in accordance with § § 11 and 11a, the results of its own investigations and the statements made and the statements made and the statements made. Contributions by third parties to a summary of the expected impact of the project on the assets referred to in § 1a, including the interaction, as well as the measures with which significant adverse effects on the protection of the environment are likely to be affected. Protection goods are avoided, reduced or evened out, including 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 only be carried out 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, the responsibility of which shall be affected by the project.The approval authority shall assess, if possible within one month from the preparation of the summary presentation, on the basis of and in accordance with the laws, regulations and administrative provisions applicable to its decision, the impact of the project to the protected 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 application shall be rejected as soon as the examination reveals that the conditions of approval are not available and that their fulfilment cannot be ensured by means of secondary provisions. It shall be rejected if the applicant fails to comply with a request to supplement the documents within a time limit set, which shall not exceed three months in the event of an extension.(3) In the case of the negative decision § 10 (7) of the Federal Immission Protection Act applies accordingly. Where 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 justification for the decision.(4) Where the authorisation procedure is completed in a different way, the applicant and the persons who have made objections shall be notified of this. § 10 (8) sentence 1 of the Federal Immission Protection Act shall apply accordingly. Non-official table of contents

§ 21 Content of the approval certificate

(1) The approval notice must contain
1.
specifying the name and residence or seat of the applicant,
2.
the indication that an approval, partial approval, or change approval is granted, and the specification of the legal basis,
3.
the exact name of the object of the permit, including the location of the asset, and the report on the initial state,
3a.
the definition of the required emission limits, including the justification for setting less stringent emission limits in accordance with § 7 (1b), first sentence, point 2, § 12 Paragraph 1b or § 48 (1b), first sentence, point 2 of the Federal Immission Control Act,
4.
the secondary provisions for approval,
5.
the rationale for giving rise to the main factual and legal reasons that led the Authority to decide on its decision and the treatment of objections; in the case of installations subject to UVP, the summary presentation in accordance with section 20 (1a) and the assessment pursuant to section 20 (1b) shall be included in the explanatory statement,
6.
Information on the Procedure for public participation,
7.
a right of appeal.
(2) The notice of approval shall contain the indication that the The approval certificate is issued without prejudice to the decisions of the authorities which are not included in the approval pursuant to § 13 of the Federal Immission Control Act.(2a) In addition to the information required in accordance with paragraph 1, the approval certificate for installations in accordance with the Industrial Emissions Directive shall contain the following information:
1.
Soil and groundwater protection requirements, as well as measures to monitor and treat the waste generated by the plant,
2.
Regulations for checking compliance with emission limit values or other requirements, in the case of measurements
a)
Requirements for the measurement methodology, measurement frequency, and evaluation method to monitor the Emissions,
b)
the requirement that in cases where a value has been set outside the emission bandwidths specified in the BAT conclusions, the Emission monitoring results shall be available for the same time periods and reference conditions as those applicable to the emission bandwidths of the BVT conclusions
3.
Requirements on
a)
the regular Maintenance,
b)
monitoring of soil and groundwater pollution prevention and
c)
the monitoring of soil and groundwater with regard to the relevant hazardous substances used, produced or released in the plant, including the periods in which monitoring has
,
4.
Measures with regard to conditions that deviate from normal operating conditions, such as the driving on and off of the Installation, unintended leakage of substances, faults, the short-term shutdown of the plant and the final shut-down of the holding,
5.
precautions to be taken in order to ensure the safety of the plant. the most extensive reduction in long-range or transboundary pollution.
In the cases referred to in point 3 (c), the time periods for monitoring shall be determined in such a way as to cover at least every five years for the groundwater 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 shall contain information on: style="font-weight:normal; font-style:normal; text-decoration:none; ">
1.
Art (especially waste key and label in accordance with the regulation on the European waste list) and quantity of waste permitted for incineration,
2.
the total waste incineration and waste co-incineration capacity of the plant,
3.
the smallest and largest mass flows of the approved wastes, specified as hourly usage,
4.
the smallest and largest calorific values of the approved waste and
5.
the largest content Harmful substances in the wastes authorised for incineration, in particular polychlorinated biphenyls (PCBs), pentachlorophenol (PCP), chlorine, fluorine, sulphur and heavy metals.
A non-official table of contents

§ 21a Public Notice

Without prejudice to § 10 (7) and 8 sentence 1 of the Federal Immission Control Act, the decision on the application is public , where the public participation procedure has been carried out or the institution of the project so requests. § 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.

Second part
Special provisions

Non-official table of contents

§ 22 partial approval

(1) If a request is made within the meaning of § 8 of the Federal Immission Control Act, the The approval authority shall allow final information in the documents to be made only with respect to the subject of the partial authorisation. In addition, information shall 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 the operation of the whole installation are to be met.(2) The application, the documents in accordance with § 4, insofar as they relate to the subject matter of the respective partial authorisation, as well as such documents, which contain information on the effects of the plant on the neighbourhood and the general public, are to be submitted.In the case of an EIA subject to an EIA, the environmental risk assessment shall, in the context of the provisional examination referred to in paragraph 1, be based on the identifiable effects of the all the assets referred to in § 1a and, finally, the effects, the identification, description and evaluation of which is the condition for findings or 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 limited. 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. Non-official table of contents

§ 23 advance notice

(1) The application for a preliminary notification must, in addition to the information referred to in § 3 above, include in particular the contain a specific indication of which approval requirements or the location of the advance notice is requested.(2) The notice must include
1.
indicating the name and place of residence or the registered office of the Applicant,
2.
stating that an advance notice is given and specifying the legal basis,
3.
the exact name of the pre-order object,
4.
the requirements and the reservations, where the notice of advance is granted,
5.
the reasons for which the main factual and legal reasons which led the Authority to take its decision , and the treatment of objections should be given; for installations subject to UVP, the summary according to section 20 (1a) and the assessment pursuant to section 20 (1b) shall be included in the explanatory statement.
(3) The notice of advance shall be contain
1.
the reference to § 9 paragraph 2 of the Federal Immission Control Act,
2.
the notice that the advance notice does not authorize the creation of the asset or parts of the asset,
3.
The notice that the advance notice is without prejudice to the administrative decisions that are not included in the approval pursuant to § 13 of the Federal Immission Control Act, and
4.
the right of appeal.
(4) § 22 shall apply accordingly. Non-official table of contents

§ 23a Spatial planning and approval procedures

(1) The approval authority has those in the spatial planning process or In accordance with § 20 (2) of the Spatial Planning Act (Spatial Planning Act), another spatial planning procedure, which corresponds to the requirements of Section 15 (2) of the Spatial Planning Act (spatial planning procedure), is based on the requirements of § 20 Paragraph 1b shall be taken into account in the decision on the application.(2) In the authorisation procedure, the requirements of Sections 2a, 4 to 4e, 11, 11a and 20 (1a) of the protection goods referred to in § 1a shall be waiver in respect of the effects on the protection goods referred to in § 1a above, in respect of the protective goods referred to in Section 1a, as these process steps have already been carried out in the space-order process. Non-official table of contents

§ 24 Simplified procedure

§ 4 (3), § § 8 to 10a, § 11a (4), 12, 14 to 19 are simplified procedures. and the provisions relating to the implementation of the environmental impact assessment shall not be applied. § 11 shall apply mutatily. Non-official table of contents

§ 24a Admitting premature start

(1) A request for approval in a procedure to grant approval of the early beginning within the meaning of § 8a of the Federal Immission Control Act, this
1.
present the applicant's public interest or legitimate interest in the early beginning and
2.
the obligation of the carrier of the project to make all the damage caused by the installation, the trial operation and the operation of the plant until the approval is granted. and, if the project is not approved, to restore the former condition.
(2) The decision on the admission of the early start must include
1.
specifying the name and residence or seat of the applicant,
2.
the indication that the early start will be allowed, and the specification of the legal basis,
3.
the exact Description of the subject of the certificate,
4.
the secondary specifications of the approval,
5.
the rationale for giving rise to the main factual and legal reasons that led the Authority to take its decision.
(3) The communication on the Approval of early beginning should include
1.
confirmation of the obligation under paragraph 1,
2.
Note that the approval can be revoked at any time,
3.
the determination a security performance, provided that this is necessary to ensure compliance with the obligations of the institution of the project.

Third Part
Final Provisions

Non-Official Table of Contents

§ 25 Transitional Regulation

(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 process sections is not required.(2) § 4a, paragraph 4, sentence 1 to 5 shall apply to installations which are to be found on the second or of the operators of which a full permit was submitted prior to that date, or for which a full application for authorisation was submitted by their operators before that date, the first after the date of the 7. The amendment relating to the whole installation, whether or not the amendment requested relates to the use, production or release of relevant hazardous substances, shall be applied in January 2014. By way of derogation from the first sentence of the first sentence of the first subparagraph, which are not covered by Annex I to Directive 2008 /1/EC concerning integrated pollution prevention and control, the requirements referred to in the first sentence of the first sentence of the first subparagraph shall be 7. July 2015. Non-official table of contents

§ 26 Berlin clause

(unopposed) unofficial table of contents

§ 27

(entry into force)