The types of installations concerned are listed exhaustively in the Ordinance on Installations Requiring a Permit (4th BImSchV).
The Federal Immission Control Act (BImSchG) stipulates that the erection and operation of installations that can typically cause harmful effects on the environment (cf. Section 4 (1) Sentence 1 BImSchG) require immission control approval. The types of installations concerned are listed exhaustively in the Ordinance on Installations Requiring a Permit (4th BImSchV).
A distinction is made between the formal procedure under Section 10 BImSchG and the simplified procedure under Section 19 BImSchG. Common to both procedures is that they require a written application and the submission of all documents relevant to the examination as well as the participation of other affected authorities. In the formal procedure, there is also a public announcement of the project, a public display of the application including documents and, if necessary, a hearing. In certain cases, an environmental impact assessment must also be carried out (cf. Ordinance on the Approval Procedure - 9th BImSchV).
As a rule, the district administrative authority (= district office or municipality) is responsible for the decision on the permit, in exceptional cases specified by law, the government (cf. Art. 1 Bavarian Immission Control Act - BayImSchG).
If the operator intends to change the location, condition or operation of an installation requiring a permit, he must also obtain a permit for this if it is a significant change (cf. § 16 Para. 1 BImSchG). Other changes must be notified to the licensing authority at least one month prior to commencement (Section 15 (1) BImSchG).
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