Authority for the Environment, Climate, Energy and Agriculture

Apply for approval for a significant change to a facility requiring approval

Prerequisites

You will receive approval for significant changes to a facility requiring approval if

1. You fulfil the legal obligations under the Federal Immission Control Act and the legal regulations on requirements for plants requiring approval and
2. other public law regulations and occupational health and safety concerns do not conflict with the construction and operation of the facility.

For plants with different operating modes or in which different substances are used (multi-purpose or multi-substance plants), you will receive approval for the different operating modes and substances upon application if the above requirements are met for all operating modes and substances covered.

You do not need a permit if:

• the adverse effects caused by the change are obviously minor and
• the fulfilment of the requirements of the approval prerequisites of the Federal Immission Control Act for installations requiring approval is ensured.

This also applies if an approved installation or parts of an approved installation are to be replaced within the scope of the approval granted.

Documents required

Submit your

written or electronic application

• the drawings, explanations and other documents required to verify the approval requirements.

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 can make the planned changes.

Procedure

You submit the application for approval to modify a facility requiring approval to the competent authority in writing or electronically.
The authority will examine your application. If necessary, the authority will request further information or documents from you.

The authority will, if necessary, make the application and the associated documents public and make them available for public inspection for one month. The authority will request that the other authorities involved comment on the approval process within one month. Objections will be discussed with you and those who raised the objections, if necessary at a public meeting.
In a simplified approval procedure or if public participation is waived, there will be no public interpretation or discussion.

The authority decides on your application and issues a decision. If necessary, the authority supplements the decision with content and ancillary provisions. You will receive a written decision 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 3 to 7 months after receipt of all necessary documents, depending on whether public participation is required or not.

Fees

You will be charged fees. The amount of the fees depends on the investment amount or the administrative costs. They are based on the Hamburg Environmental Fees Ordinance.

Legal remedies

• Objection within one month of receipt of the decision


• Action before the administrative court

Legal basis

§ 16 Federal Immission Control Act (BImSchG)

https://www.gesetze-im-internet.de/bimschg/__16.html




4. Federal Immission Control Ordinance (4. BImSchV)

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