Authority for the Environment, Climate, Energy and Agriculture

Apply for a permit under the accident prevention law for the construction and operation or modification of a facility that does not require a permit

Prerequisites

• The plant does not have any harmful environmental impacts that are avoidable given the current state of technology.
• The plant's unavoidable harmful environmental impacts are kept to a minimum using state-of-the-art technology.
• They properly dispose of the waste generated during the operation of the plant.
• Other public law regulations and occupational health and safety concerns do not conflict with the project.

Documents required

• Application for accident-relevant construction and operation or accident-relevant modification of a facility not requiring approval
• required drawings, plans, reports
• Explanations of the system
• Information on further documents can be obtained from the responsible authority.

Please note

You do not need a permit if you have already ensured a sufficient safety distance through binding specifications in the spatial planning or measure.

You can apply for approval via the online service "ELiA".

Deadlines

You need approval before you build, operate or modify the facility.

Procedure

• If, after reviewing your notification regarding a major accident-relevant construction, operation or major accident-relevant change, the competent authority determines that your project requires a permit, you will be informed of this in writing.
• To apply for approval, submit a written or electronic application and attach the documents required for review.
• The responsible authority will examine your application and your documents.
• Once all the necessary documents have been submitted, they will be made publicly available and displayed for one month.
• During this period, persons or associations whose interests are affected by the project may present their objections to the competent authority.
• As part of the approval review, the competent authority also obtains opinions from other authorities concerned.
• As soon as the competent authority has received objections and statements submitted in a timely manner, it will decide on your application.
• You will receive a notification from the responsible authority.

Processing time

The processing time is up to 7 months.

Fees

Fees apply. The amount of the fees depends on the investment amount or the administrative costs. They are calculated 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

Section 23b paragraph 1 sentence 1 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/__23b.html




Hamburg Environmental Fees Ordinance


https://www.landesrecht-hamburg.de/bsha/document/jlr-UmwGebOHArahmen