Immission control; issuing orders

An installation requiring a permit must always be operated in accordance with the basic obligations under Section 5 BImSchG and the legal ordinances based on Section 7 BImSchG, i.e. in particular in accordance with the state of the art, even after it has been constructed and commissioned. To this end, specific official orders can be issued (see § 17 BImSchG).

According to Section 3 (6) BImSchG, the "state of the art" is understood to mean the state of development of advanced processes, equipment and operating methods through the

- emissions to air, water and soil are limited,

- plant safety and environmentally sound waste disposal are ensured, and/or

- impacts on the environment are avoided or reduced in any other way.

For installations under the Industrial Emissions Directive, the so-called best available techniques (BAT) are taken into account, the status of which is continuously updated and defined at European level. The aim of operating installations according to the state of the art is to achieve a generally high level of protection for the environment.

The competent authority (usually the district administrative authority) can also order the operator to have the type and extent of the emissions emanating from the installation and the immissions in the area affected by the installation determined by a notified body (Sections 26, 28 BImSchG). Operation may be prohibited if the operator does not comply with a condition, a subsequent order or a material requirement or if the permit is missing (§ 20 BImSchG). It should be noted that a granted permit can be revoked under certain conditions (§ 21 BImSchG).

• Act on Protection against Harmful Environmental Impacts from Air Pollution, Noise, Vibrations and Similar Processes (Federal Immission Control Act - BImSchG)

• Industrial emissions; plant monitoring
• Immission control; application for a permit for the construction and operation of a plant
• Immission control; information on the inspection and monitoring of installations
• Immission control; review of plant safety and accident prevention
• Immission control; advice and information
• Immission control; ordering of investigations and tests by measuring stations or experts