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Authority for the Environment, Climate, Energy and Agriculture

Report facility requiring approval for the first time due to change in law

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If you are building or have built a facility and this facility requires approval due to a change in the law, you must notify the responsible authority in a timely manner.

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Detailed description

A facility that does not require a permit but has already been built or whose construction or significant modification has begun becomes subject to a permit requirement when it is included in the catalogue of facilities requiring a permit in the ordinance (4th BImSchV). In this case, the facility is subject to the permit requirements under emissions control law and must be reported to the responsible authority.

 

Information

Prerequisites

Due to a change in the law, the plant requires approval for the first time. It is listed for the first time in the catalogue of the 4th Federal Immission Control Ordinance.

Documents required

  • Advertisement
  • Required drawings, plans, reports
  • Explanations and
  • if necessary, other documents that you can obtain from the responsible authority

Please note

Coal-fired power plants, industrial plants, intensive animal husbandry and similar facilities are particularly responsible for air pollution, noise, vibrations and other problems.
In order to protect people and the environment from harmful environmental impacts and to prevent the occurrence of harmful environmental impacts, you need a permit under the Federal Immission Control Act (BImSchG) to set up and operate such systems. The systems that are subject to a permit requirement due to their type and size are listed in detail in the Ordinance on Systems Requiring a Permit (4th BImSchV).

Deadlines

You must register the plant with the competent authority within three months of the entry into force of the respective regulation in which your plant was included in the catalogue of plants requiring approval (4th BImSchV).

Procedure

  • Report the facility to the relevant authority in writing or electronically.
  • Attach the required documents. You must submit all required documents to the relevant authority no later than 2 months after the notification.
  • The responsible authority will confirm receipt of your notification and the documents. If necessary, it will request further documents or information.
  • The competent authority may impose additional orders on you to ensure that your plant complies with the obligations under the Federal Immission Control Act and that no public law regulations or interests conflict with the construction and operation of the plant.

Processing time

The responsible authority will respond to your application within one month of receipt of your complete documents.

Fees

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

Legal remedies


  • Contradiction

  • Action before the administrative court

Legal basis

Section 67, paragraph 2 of the Act on the protection against harmful environmental effects caused by air pollution, noise, vibrations and similar processes (Federal Immission Control Act - BImSchG)

https://www.gesetze-im-internet.de/bimschg/__67.html




Fourth Ordinance on the Implementation of the Federal Immission Control Act (4th BImSchV)

https://www.gesetze-im-internet.de/bimschv_4_2013/index.html#BJNR097310013BJNE000102116

Address and contact information

Authority for the Environment, Climate, Energy and Agriculture

Corporate Environmental Protection

We have a limited number of customer parking spaces. To reserve a parking space, please contact our receptionist by e-mail at zugang@bsw.hamburg.de or by telephone on +49 40 428 40 - 50 50. Our working hours are: Monday to Thursday from 8:00 a.m. to 3:15 p.m , Friday from 8 a.m. to 1:30 p.m.

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Keywords: Federal Immission Control Act, permits Federal Immission Control Act 4. Federal Immission Control Ordinance

Last updated: 18.07.2024