Authority for the Environment, Climate, Energy and Agriculture

Apply for a partial permit to construct and operate a facility requiring a permit

Prerequisites

• You can apply for and be granted a partial permit if the full permit for an application has not yet been granted, but the following conditions are met:

1. there is a legitimate interest in granting a partial authorisation,
2. the approval requirements for the subject matter of the partial approval requested are met and
3. A preliminary assessment shows that there are no a priori insurmountable obstacles to the construction and operation of the entire plant with regard to the authorisation requirements.

• The sub-project meets the requirements of the Federal Immission Control Act.
• The sub-project does not conflict with any other public law regulations or occupational health and safety concerns.
• A preliminary assessment has shown that there are no a priori insurmountable obstacles to the construction and operation of the entire plant with regard to the authorisation.
• The preliminary overall assessment is no longer binding if the factual or legal situation or individual assessments change in the context of subsequent partial approvals and the assessment changes as a result. In this case, the responsible office can refuse approval or further partial approvals.

Documents required

• written or electronic application
• Drawings, plans and reports required to check the approval requirements
• Explanations
• If required, you will receive information on further documents from the responsible authority

For the approval of installations under the Industrial Emissions Directive in which relevant hazardous substances are used, produced or released, if and to the extent that contamination of the soil or groundwater on the installation site by the relevant hazardous substances is possible:

• Report on the initial status

There is no possibility of soil or groundwater contamination if the actual circumstances make it possible to exclude such contamination.

Please note

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 facilities requiring approval to the competent authority in writing or electronically.

The responsible authority will examine your application.

If necessary, the responsible authority will request further information or documents from you.

The competent authority shall publish the application and the relevant documents and make it available for public inspection for one month.

The competent authority shall request the authorities involved to comment on the authorisation procedure within one month.

Objections will be discussed with you and those who raised the objections at a public hearing.

In a simplified approval procedure or if public participation is waived, there will be no public interpretation or discussion.

The responsible authority will decide on your application. If necessary, the responsible authority will supplement the decision with content and additional provisions.

You will receive a written notice with reasons.

Those who have raised objections will also receive the decision with reasons.

Processing time

The competent authority will decide on your application within 7 months or 3 months after all necessary documentation has been received, depending on whether public participation is required or not.

Fees

Fees apply. The amount of the fees depends on the investment amount or the administrative costs. They are determined based on the Hamburg Environmental Fees Ordinance.

Legal remedies

• Objection


• Action before the administrative court

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