Immission control; notification of the appointment of an immission control officer and/or incident officer
If you have to appoint a new immission protection and/or incident officer for your company or operating area, or if there are changes in the officer's area of responsibility, you must notify the relevant immission protection authority.
Description
As a rule, you must appoint an immission control officer and/or a major accident officer if:
- You are the operator of one or more plants that are subject to the Federal Immission Control Act (BImSchG) and/or the Major Accidents Ordinance (12. BImSchV), or
- this has been ordered by the competent authority for the operation of your plant which is not subject to licensing according to BImSchG.
The competent authority must be notified immediately of the appointment of an immission control officer and/or a major accident officer together with information on the designation of their duties. Likewise, changes in their scope of duties as well as their dismissal shall be notified to the competent authority without delay.
The duties of the operator and the requirements for immission control officers and incident officers are specified and described in §§ 53 to 58d BImSchG and the 5th BImSchV.
The responsible immission control authority is:
- the government
- for public utility installations
- for the generation of electricity, steam, hot water, process heat or heated waste gas through the use of fuels in a combustion facility, with the exception of facilities for the use of biogas and natural wood with a firing thermal capacity of less than 10 MW,
- for electrical transformation with a top voltage of 220 kV or more, including switchboards,
- for public waste disposal facilities for thermal treatment of waste and for storage or treatment of hazardous waste for disposal,
- for animal carcass disposal plants and collection centers,
- the mining authority for facilities subject to the supervision of the mining authority,
- otherwise, the district administrative authority.
Prerequisites
Your company is required or ordered by the authorities to appoint one or more immission control and/or incident officers in accordance with §§ 53 to 58d BImSchG.
Procedure
As the operator, you must immediately notify the competent authority in writing or by e-mail of the appointment of immission protection officers and incident officers as well as the designation of their duties and changes in their scope of duties or their dismissal.
Should the competent authority have any queries after receipt of the notification or require further evidence, it will contact you.
Deadlines
Orders or changes in the scope of duties must be reported immediately.
Required documents
-
certificate of competence
-
Proof of reliability
-
If necessary, further evidence must be submitted in the original or as a copy at the request of the competent authority
Remedy
The receipt of the merely informative notification by the competent authority is not contestable.
An action for annulment pursuant to Section 42 (1) of the German Administrative Court Code (VwGO) would be admissible against an official request for notification. In this case, the plant operator is entitled to challenge the notification pursuant to Section 42 (2) VwGO.
Status:01.12.2022
Responsible for editing:Bayerisches Staatsministerium für Umwelt und Verbraucherschutz
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