Immission control - Display cessation of operation of an installation requiring authorisation in accordance with BImSchG

Prerequisite

If you intend to cease the operation of an installation requiring authorisation under immission control law, you must notify the authority responsible for the installation immediately, stating the date of cessation in accordance with Section 15 (3) of the Federal Immission Control Act (BImSchG) Authority responsible for the plant.

When decommissioning a plant that requires authorisation under immission control law, you must fulfil the aftercare obligations arising from § 5 (3) and (4) BImSchG:

• No harmful effects on the environment and other hazards, significant disadvantages and significant nuisances for the general public and the neighbourhood may be caused by the plant or the plant site after decommissioning.
• Waste must be properly and harmlessly utilised or disposed of without impairing the public good.
• The site must be restored to a proper condition.

Responsible department

The responsibilities in the area of immission control are regulated in the Immission Control Competence Ordinance of the state of Baden-Württemberg.

In most cases, the competent authority for installations requiring authorisation under immission control legislation is the local lower immission control authority, i.e.

• the district office if the premises with the plant are located in a district,
• the city administration if the premises with the installation are located in a city district.

A deviating responsibility applies in the following cases (e.g. for companies that are subject to the European Industrial Emissions Directive, the Hazardous Incident Ordinance or mining law):

Departments 5, Environment of the respective locally responsible regional councils are the competent immission control authorities for company premises on which

• at least one installation marked with the letter E in column d of Annex 1 of the Ordinance on Installations Requiring a Licence,
• at least one operating area in accordance with Section 3 (5a) of the Federal Immission Control Act (hazardous incident operation),
• at least one installation that requires a licence pursuant to Section 60 (3) sentence 1 no. 2 or no. 3 of the Federal Water Act, or
• at least one landfill in accordance with Article 10 in conjunction with Annex I of Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control), as amended

exists or is to be constructed.

Department 9, State Office for Geology, Raw Materials and Mining of the Freiburg Regional Council is also the state-wide competent immission control authority for

• Operational sites, including the facilities and activities located on them, which are subject to mining supervision,
• Operating sites with cable cars and funicular railways used for passenger transport,
• Operating sites with high-pressure gas pipelines which, as energy installations within the meaning of the Energy Industry Act, serve to supply gas and which are designed for a maximum permissible operating pressure of more than 16 bar,
• Underground waste disposal facilities and
• Operating sites with facilities used for the construction, significant expansion and significant modification of underground cavities.

Please ensure that you submit the decommissioning notification to the immission control authority responsible for your facility.

Procedure

You must immediately notify the authority responsible for your installation of the intended decommissioning of an installation requiring authorisation under immission control legislation, together with the necessary documents. The competent authority will check whether the operator's obligations have been fulfilled. If further documents are required for an assessment, these must be submitted subsequently.

Deadlines

You must report the decommissioning of installations requiring authorisation as soon as you as the operator have made a decision to do so.

Required documents

The notification must be accompanied by documents on the planned measures to fulfil the aftercare obligations arising from Section 5 (3) and (4) BImSchG.

Costs

Please enquire with the immission control authority responsible for your system.

Miscellaneous

If the authority responsible for your installation offers an online application for the notification of a change to an installation requiring authorisation under immission control law in accordance with Section 15 (1) BImSchG, you can also use this for the notification of a cessation of operations in accordance with Section 15 (3) BimSchG.

Coordinate in advance with the responsible immission control authority regarding the documents required for an assessment.

Please make sure that you submit the notification to the immission control authority responsible for your plant requiring authorisation under immission control law.

Appeal

Objection or complaint.

Legal basis

Bundes-Immissionsschutzgesetz (BImSchG)

• § 15 Abs. 3 Bundes-Immissionsschutzgesetz (Änderung genehmigungsbedürftiger Anlagen)

Release note

machine generated, based on the German release by: Innenministerium Baden-Württemberg, 29.04.2024