Authority for the Environment, Climate, Energy and Agriculture

Report the accident-relevant construction and operation or an accident-relevant change to a facility that does not require approval

Prerequisites

You must report the planned construction, operation or modification of a facility that could cause a major accident to the competent authority if the following conditions are met:

• The facility does not require a permit, but is part of an operating area or a component of an operating area.
• You are planning the construction, operation or modification of the plant in a way that is relevant to an incident.
• You have not yet applied for a permit for the construction, operation or modification of this facility that could cause a major accident.

You must apply for a major accident-related approval procedure for a facility that does not require approval if:

• the appropriate safety distance of the system is exceeded for the first time,
• the appropriate safety distance of the system is further exceeded or
• a significant increase in danger is triggered.

Documents required

• Drawings, plans, reports describing the planned project
• Explanations and
• If applicable, further documents about which you will be informed by the competent authority

Please note

Deadlines

Report your project to the responsible authority at least two months before the planned start. You may only start implementation after the responsible authority has informed you that no application for approval is required for your project.

Procedure

You report the planned accident-relevant construction or modification of your facility that does not require approval to the responsible authority before commissioning or carrying out the project. You can do this either using the EliA online service or in writing. Attach all the necessary documents to your report.
The responsible authority will confirm receipt of your notification and the attached documents. If necessary, the responsible authority will request further documents or information from you. No later than two months after receiving your complete documents, the responsible authority will inform you whether your project requires approval.
If the authority determines that no approval procedure is required, you as the operator may implement the project.
If the authorities come to the conclusion that your project requires approval, you must apply for approval for the construction or modification relevant to the incident. There are certain deadlines in the approval process.

Processing time

The processing time is 2 months. The period begins when all required documents are submitted to the responsible authority.

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

§ 23a Law 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/__23a.html




Hamburg Environmental Fees Ordinance

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