Soil protection and treatment of contaminated sites; application for approval as an investigative body

Investigation bodies performing tasks according to the Federal Soil Protection Act must be recognized by the competent authority.

Description

For the collection of solid matter, water and soil air samples and their laboratory analytical examination, tested and approved examination bodies are available in Bavaria. The approval of these investigation bodies takes place in accordance with the Ordinance on Experts and Investigation Bodies (VSU). It regulates the requirements according to Article 6 Paragraph 1 of the Bavarian Soil Protection Act (BayBodSchG) for the expertise, reliability and technical equipment of the experts and investigation bodies that perform tasks according to the Federal Soil Protection Act or the BayBodSchG, as well as the type and scope of their tasks. The licensing procedure is carried out by the licensing office of the Bavarian State Office for the Environment.

In the area regulated by law, soil and contaminated site investigations in Bavaria must be carried out by investigation bodies approved in accordance with § 18 BBodSchG.

Investigation bodies that are approved in Bavaria according to the Ordinance on Experts and Investigation Bodies (VSU) can be found in the nationwide database ReSyMeSa. Responsible for the information there about the investigation bodies accredited by the Bavarian State Office for the Environment is the accreditation body there.

Prerequisites

Only bodies that fulfill the obligations according to §§ 11 and 12 of the Ordinance on Experts and Investigation Bodies (VSU), have the necessary expertise and reliability and have the necessary personnel and equipment (investigation bodies) are approved.

Investigation bodies must have sufficient liability insurance with a minimum sum insured of 1.5 million euros lump sum for personal injury, property damage and financial loss for each individual case with at least double maximization in the insurance year.

Procedure

The application, including the supporting documents and required documentation, must be submitted to the Admissions Office.

The Admission Board checks the completeness of the application documents and confirms receipt of the application in writing or by e-mail. It shall request the submission of any missing documents within a reasonable period of time. If documents are still missing after the deadline has been set, or if it is clear from the content of the documents that the admission requirements are not met, the application will be rejected.

Deadlines

The processing period is up to six months and begins with the submission of complete application documents. In justified cases, the deadline may be extended in accordance with Section 42a (2) of the Bavarian Administrative Procedure Act.

Required documents

Online procedures

Forms

  • Form, Bavaria-wide: Antrag auf Zulassung als Untersuchungsstelle nach § 18 Bundes-Bodenschutzgesetz (BBodSchG)
    Please note

    This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

Fees

  • Administrative costs

    • Initial registration per registration procedure: flat rate 270.00 Euro
    • Renewal of registration per registration procedure: lump sum 165.00 Euro

    plus costs for the corresponding competence check (for costs, see procedural costs under "Further links")

Remedy

Administrative court proceedings; information

administrative claim

Links to more information

Status: 06.07.2022

Responsible for editing: Bayerisches Staatsministerium für Umwelt und Verbraucherschutz

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  • Online transactions, Bavaria-wide
  • Online transactions, locally limited
  • Form, Bavaria-wide
  • Form, locally limited
  • Prefillable Form, Bavaria-wide
  • Legal bases, Bavaria-wide
  • Legal bases, locally limited
  • Fees, Bavaria-wide
  • Fees, locally limited
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