Irrespective of the obligation of an installation operator to self-monitor, the construction and operation of installations are subject to monitoring by the competent authorities (Sections 52 to 52b BImSchG). To this end, the representatives and agents of the monitoring authorities have the right to enter the installations, carry out inspections and provide information.
The intensity of monitoring by the authorities depends on the potential environmental risk posed by the installation in question. Installations that can have a particularly harmful impact on the environment are covered by the European Industrial Emissions Directive (IE Directive) and are monitored particularly closely in accordance with Section 52a (3) BImSchG (so-called IE installations).
The companies themselves may have to appoint immission control and/or incident officers (Sections 53 to 58d BImSchG). Further details are regulated by the Ordinance on Immission Control and Major Accidents Officers (5th BImSchV).
Safety inspections and inspections of safety documentation can be ordered in accordance with § 29a BImSchG.
Violations of the applicable provisions can be administrative offenses (§ 62 BImSchG) or criminal offenses (§§ 324 - 330d StGB).
These inspections must be carried out by measuring stations that are notified in accordance with Section 29b BImSchG. The special requirements for measuring stations and the notification procedure are contained in the Notification Ordinance (41st BImSchV). In Bavaria, the State Office for the Environment carries out these announcements and also provides a list of them on the Internet.