Show appointment, dismissal or changes in the area of responsibility of emissions control officers

Prerequisites

• Before appointing an emissions control officer, you as the operator must inform the works or staff council of this.
• You may only appoint those who have the necessary expertise and reliability as pollution control officers.
• If you appoint several pollution control officers, you must coordinate the performance of the tasks and, in particular, form an environmental protection committee.
• As the operator, you must support the pollution control officer in fulfilling his tasks and, in particular, provide him with auxiliary staff, rooms, facilities, equipment and resources.
• As an operator, you must obtain the opinion of the pollution control officer before making decisions that could be important for pollution control.
• The emissions control officer has the right to speak and can present his suggestions or concerns directly to management in the event of disagreements with the responsible operations manager.
• The pollution control officer must not be disadvantaged because of the fulfillment of the tasks assigned to him.
• The emissions control officer is subject to a ban on dismissal
  • even up to a year after his dismissal
  • Exception: for important reasons.

Please note

Deadlines

Immediately report orders, dismissals or changes in the area of responsibility of the emissions control officer to the responsible authority.

Procedure

You inform your works or staff council about the appointment of an emissions control officer.
You notify the responsible authority in writing of the appointment of pollution control officers. In particular, you describe the exact tasks that the pollution control officers take on.
The authority accepts your report and examines it.
If necessary, the authority will request further documents or information from you.
This is an advertisement by you. You will therefore not receive any notification from the responsible authority.

Processing time

Not specified

Fees

No

Legal remedies

There is no legal remedy provided. This is purely an advertisement by you.

Legal basis

§§ 52b - 58 Federal Immission Control Act (BImSchG)


URL: https://www.gesetze-im-internet.de/bimschg/index.html#BJNR007210974BJNE006708116




5. Federal Immission Control Ordinance (BImSchV)


URL: https://www.gesetze-im-internet.de/bimschv_5_1993/index.html

As an operator of certain systems requiring approval in accordance with the Federal Immission Control Act, you must appoint one or more operational representatives for immission control (immission control officers), if this is necessary due to the type or size of the system

• emissions from the facilities,
• technical problems of emission control or
• Suitability of the products, when used as intended, to cause harmful environmental effects through air pollution, noise or vibrations,

is required.
You can see which systems require approval and for which you must appoint an emissions control officer in Appendix I of the Ordinance on Pollution Control and Major Incident Officers.
As an operator, you must immediately notify the responsible authority of the appointment of the pollution control officer and the designation of his tasks as well as changes in his area of responsibility and his dismissal.