Immission control; ordering of investigations and tests by measuring stations or experts

For the determination of emissions and immissions as well as for the performance of safety-related tests, the competent authority may order that notified measuring stations or experts take action.

Description

According to § 26 of the Federal Immission Control Act (BImSchG), the competent authority may, for special reasons, order that measurements of emissions and immissions be carried out by a body notified by the Bavarian State Office for the Environment (LfU). The announcement of the LfU can be found on the Internet (see "Further links").

According to § 29a para. 1 BImSchG, the competent authority may order the operator of an installation requiring a permit or of an installation within an operating area to commission an expert announced by the LfU with safety inspections as well as inspections of safety-related documents. The list of experts announced in Bavaria can also be found on the Internet (see "Further links").

The measuring stations and experts announced in the other states can also be commissioned. A compilation of the measuring points and experts announced in Germany is available on the Internet through the ReSyMeSa database (see "Further links").

More detailed information on the notification of bodies and experts is provided in the Notification Ordinance (41st BImSchV; see "Legal basis").

Remedy

Administrative court proceedings; information

administrative claim

Status:04.04.2023

Responsible for editing:Bayerisches Staatsministerium für Umwelt und Verbraucherschutz

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