Even after its construction and commissioning, an installation requiring a permit must always be operated in compliance with the basic obligations arising from Section 5 BImSchG and the legal ordinances based on Section 7 BImSchG, i.e. in particular in accordance with the state of the art. For this purpose, concretizing official orders can be issued (cf. § 17 BImSchG).
According to § 3 Para. 6 BImSchG, the "state of the art" is understood to mean the level of development of advanced processes, equipment and operating methods by which
- emissions to air, water and soil are limited,
- plant safety and environmentally compatible waste disposal are ensured, and/or
- Impacts on the environment are otherwise avoided or reduced.
For plants under the Industrial Emissions Directive, the so-called Best Available Techniques (BAT) are taken into account, the state of which is continuously updated and defined at European level. The aim of plant operation 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) may also order the operator to have the nature and extent of the emissions from the installation and the immissions in the area affected by the installation determined by a notified body (§§ 26, 28 BImSchG). A prohibition of operation is possible, among other things, 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).
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