Immission control; ordering of investigations and tests by measuring stations or experts
Brief description
In order to determine emissions and immissions and to carry out safety tests, the competent authority may order notified measuring points or experts to take action.Description
According to § 26 of the Federal Immission Control Act (BImSchG), the competent authority may, for special reasons, order that measurements of emissions and immissions be carried out by a body announced by the Bavarian State Office for the Environment (LfU). The announcement of the LfU can be found on the Internet (see "Further links").
Pursuant to Section 29a (1) BImSchG, the competent authority can order the operator of an installation subject to licensing or an installation within an operating area pursuant to the Major Accidents Ordinance to commission an expert notified by the LfU to carry out safety inspections and inspections of safety-related documents. You can also call up the list of experts notified in Bavaria on the Internet (see "Further links").
The measuring points and experts published in other countries can also be commissioned. The ReSyMeSa database on the Internet provides a list of measuring stations and experts in Germany (see "Related links").
Further details on the notification of bodies and experts are regulated by the Notification Ordinance (41st BImSchV; see "Legal bases").
Legal basis
- Act on Protection against Harmful Environmental Impacts from Air Pollution, Noise, Vibrations and Similar Processes (Federal Immission Control Act - BImSchG)
- Forty-first Ordinance on the Implementation of the Federal Immission Control Act (Notification Ordinance - 41st BImSchV)
- Twelfth Ordinance on the Implementation of the Federal Immission Control Act (Major Accidents Ordinance - 12th BImSchV)
Legal remedy
Administrative court actionFurther links
Related services