Apply for partial approval for the construction of a facility requiring approval

Prerequisites

You will receive a partial permit for the construction and operation of part of a facility if
1. there is a legitimate interest in the granting of a partial license,
2. the approval requirements for the subject of the partial approval applied for are met and
3. a preliminary assessment shows that there are no insurmountable obstacles to the construction and operation of the entire facility with regard to the prerequisites for the permit.

The binding effect of the preliminary overall assessment does not apply if a change in the factual or legal situation or individual tests as part of later partial approvals lead to an assessment that deviates from the preliminary overall assessment.

The conditions for approval are:
1. the legal obligations based on the Federal Immission Control Act and
the statutory ordinances on requirements for systems requiring approval are met and
2. Other public law regulations and occupational safety issues do not conflict with the construction and operation of the system

Documents required

• written or electronic request
• drawings, explanations and other documents required to check the approval requirements

For the approval of plants according to the Industrial Emissions Directive, in which relevant hazardous substances are used, generated or released, if and to the extent that soil or groundwater pollution on the plant property by the relevant hazardous substances is possible:

• Baseline report

There is no possibility of soil or groundwater contamination if entry can be ruled out based on the actual circumstances.

Please note

No

Deadlines

You need approval before you set up or operate the part of the plant or the sub-plants.

Procedure

You submit the application for approval for the construction and operation of systems requiring approval in writing or electronically to the competent authority.

The authority will examine your application.
If necessary, the authority will request further information or documents from you.

The authority publishes the application with the associated documents and makes it public for one month.
The authority asks the other authorities involved to comment on the approval process within one month.
Objections will be discussed with you and those who raised the objections in a public meeting.
In a simplified approval procedure or if public participation is refrained from, there is no public display and no hearing.

The authority decides on your application. If necessary, the authority supplements the notice with content and ancillary provisions.
You will receive a written notification with justification.
Those who have raised objections will also receive the decision with reasons.

Processing time

Not specified

Fees

No

Legal remedies

• Objection within one month of receipt of the decision.

Legal basis

§ 8 Federal Immission Control Act (BImSchG)


URL: https://www.gesetze-im-internet.de/bimschg/__8.html




§ 10 Federal Immission Control Act (BImSchG)


URL: https://www.gesetze-im-internet.de/bimschg/__10.html




§§ 5 - 7 Federal Immission Control Act (BImSchG)


URL: https://www.gesetze-im-internet.de/bimschg/BJNR007210974.html#BJNR007210974BJNG000303360

If you would like to build and operate systems or parts of a system which, due to their nature or operation, are particularly likely to cause harmful environmental effects or otherwise endanger, significantly disadvantage or significantly inconvenience the general public or the neighborhood You have a partial approval from the responsible authority. This also includes stationary waste disposal facilities for storing or treating waste.