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

Experts who perform tasks in accordance with the Federal Soil Protection Act must have the necessary expertise and reliability. They are approved by the competent authority upon application.

Description

The Federal Soil Protection Act provides for the involvement of experts for the investigation and assessment of areas suspected of containing contaminated sites, harmful soil contamination and contaminated sites, as well as for the implementation of remediation planning and investigations.

The approval of these experts according to § 18 Federal Soil Protection Act (BBodSchG) is carried out in Bavaria by the Bavarian State Office for the Environment (LfU).

An expert approval can take place for the following subject areas:

  1. Area-based and site-based survey / Historical investigation
  2. Risk assessment for the impact pathway soil - waters
  3. Risk assessment for the impact pathway soil - plant / Precautionary measures for the limitation of substance inputs into the soil and during the application and introduction of materials
  4. Hazard assessment for the impact pathway soil - humans
  5. Remediation
  6. Hazard identification, assessment and prevention of harmful soil changes due to soil erosion by water.

The license is granted for five years and can be extended on application for five years at a time, if necessary.

A public appointment as an expert for contaminated sites according to § 36 of the Industrial Code is taken into account. In the case of a corresponding appointment tenor, the applicant undergoes a simplified approval procedure.

As a rule, the respective federal state in which the expert has his permanent place of business is responsible for licensing him as an expert. Experts from other federal states can also work in Bavaria (equivalence of the state-specific admission procedures).

All experts approved in the Federal Republic of Germany are listed in the Internet database ReSyMeSa (Recherchesystem Messstellen und Sachverständige).

Please seek advice from before submitting an application. You will find your contact person and further information under "Further links".

Prerequisites

Only natural persons who meet the personal requirements, possess the necessary expertise and reliability and have the required technical equipment are admitted as experts (§§ 4, 5, 7 in conjunction with Annex 1 of the Ordinance on Experts and Investigation Bodies - VSU).

Further requirements are

  • a completed course of study at a university or university of applied sciences in the subject areas listed under the individual subject areas or an equivalent qualification,
  • at least five years of practical experience, preferably in the field of soil protection/contaminated sites or in environmental fields closely related to soil protection/contaminated sites (e.g. water management, agriculture, waste management), including at least three years of experience in which decisions had to be made independently, and
  • successful participation in suitable further training courses in the last three years before the application.

Procedure

The licensing authority (State Office for the Environment, Department 96) is supported by the Gesellschaft zur Altlastensanierung in Bayern (GAB mbH) in checking whether the applicant meets the licensing requirements.

The examination of the expertise is carried out by an appointed expert committee.

A final expert discussion takes place.

Deadlines

There are no deadlines to be observed for the application for admission.

The application for renewal must be submitted 6 months before the expiry of the approval (§ 8 para. 7 VSU).

Participation in a suitable further training course every 2 years from the date of notification of the approval must be proven to the approval office without being requested to do so (§ 5 VSU).

Processing time

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

  • The following documents must be submitted:

    • Application for approval or extension (completed in full and signed)
    • Declaration that the technical equipment, the personal requirements and the reliability in accordance with § 7 Para. 2, 3 and 4 VSU are present (Form 1)
    • Proof of liability insurance in accordance with § 7 Para. 2 No. 3 VSU (Form 2) in the original, stamped and signed by the insurance company
      (textual changes (deletions or additions) are not permitted).
    • for employees: Confirmation of exemption by the employer (Form 3)
    • Certificate of good conduct for submission to an authority in accordance with § 30 Para. 5 of the Federal Central Register Act (purpose of use: "Referat 96 / VSU-Sachverständige")
      Must not be older than 6 months at the time of receipt of the application.
    • Further documents are specified in the application for admission or renewal.

Forms

  • Form, Bavaria-wide: Antrag auf Zulassung als Sachverständiger nach § 18 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.

  • Form, Bavaria-wide: Antrag auf Verlängerung der Zulassung als Sachverständiger nach § 18 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.

  • Form, Bavaria-wide: Nachweis einer Haftpflichtversicherung nach § 7 Abs. 2 Nr. 3 VSU (Formblatt 2)
    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.

Online procedures

Fees

  • LfU-procedural costs for the admission as an expert according to § 18 Federal Soil Protection Act:

    • 2,425.00 Euro for the admission per subject area - plus travel expenses of the external panel members
      (An advance payment of 500.00 Euro per subject area is to be paid upon application. If an application for admission is withdrawn by the applicant, the costs incurred up to the time of withdrawal will be charged for each subject area).
    • 335.00 Euro for the extension or renewal of an admission (extension or renewal notice)
    • 300.00 Euro for the rejection of an admission (rejection notice)
    • 300.00 Euro for revocation of an admission (revocation notice)

    If the expert committee has to be involved, further costs may be incurred.

Remedy

An appeal against a decision (admission, extension or revocation) may be lodged within one month of its notification or an action may be brought directly.

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