Ordinance on plants requiring approval
| Basic data | |
|---|---|
| Title: | Fourth ordinance for the implementation of the Federal Immission Control Act |
| Short title: | Ordinance on plants requiring approval |
| Abbreviation: | 4. BImSchV |
| Type: | Federal Ordinance |
| Scope: | Federal Republic of Germany |
| Issued on the basis of: | Federal Immission Control Act |
| Legal matter: | Environmental law |
| References : | 2129-8-4-3 |
| Original version from: | February 14, 1975 ( BGBl. I p. 499 , ber.p. 727 ) |
| Entry into force on: | March 1, 1975 |
| New announcement from: | May 31, 2017 ( BGBl. I pp. 1440, 1441 ) |
| Last revision from: | May 2, 2013 ( Federal Law Gazette I p. 973 , ber.p. 3756 ) |
| Entry into force of the new version on: |
May 2, 2013 |
| Please note the note on the applicable legal version. | |
The ordinance on plants requiring approval (4th BImSchV) describes the plants for which a license is required for construction and operation according to the Federal Immission Control Act (BImSchG).
Your Appendix 1 lists conclusively on the plant species, which must be approved by Immissionsschutzrecht and then monitored. These are all types of systems, predominantly commercial and permanently installed, from which particularly dangerous environmental damage can arise. Only the systems listed in this appendix require approval in accordance with the BImSchG when erecting or commissioning or in the event of significant changes to buildings or operating mode (in the case of the first in accordance with § 4 BImSchG, in the case of significant changes in accordance with § 16 BImSchG). The approval of plants which are marked in column c of this catalog with the letter G (for approval procedure) are examined in a procedure with public participation. Applications for the construction, commissioning or significant changes to systems that are marked in column c with the letter V (for simplified procedure) are examined in a procedure without public participation. Systems in this catalog, which are also marked with the letter E in column d, are systems in accordance with Directive 2010/75 / EU (Industrial Emissions Directive) , often also called IED systems ; these are subject to stricter monitoring programs and transparency rules.
Applications for the approval of essential (and not merely notifiable, insignificant) changes to an already approved system should be examined at the request of the operator without public participation. Special regulations apply to research or test facilities. Systems that are not listed in Appendix 1 of the 4th BImSchV are therefore not exempt from approval, but generally require at least a building permit.
Examples of plants that require approval under immission control law are: biogas plants , chemical plants , plants for keeping poultry , power plants and steel foundries and in particular plants for waste storage and treatment.
If a system listed here does not have the necessary construction, operating or modification permit, this is required in accordance with Section 327 (2) no. 1 criminal code punishable by law.
Web links
Individual evidence
- ↑ § 2 4th BImSchV, for the procedure see § 10 BImSchG and 9th BImSchV
- ↑ to the allocation to the type of procedure § 2 of the 4th BImSchV, to the simplified procedure § 19 BImSchG
- ↑ see § 10 para. 8a and § 52a BImSchG
- ↑ § 15 BImSchG
- ↑ Section 16 (2) BImSchG
- ↑ Section 1, Paragraph 6 of the 4th BImSchV
- ↑ from 15,000 hen places or turkey fattening places in the simplified procedure, from 40,000 fattening poultry or hen places as IED system, s. Point 7.1.1 to 7.1.4
- ↑ from a processing capacity of 2 tons of liquid steel per day in the simplified procedure, see Point 3.7.2
- ↑ so from the 1st day (Section 1, Paragraph 1, Sentence 2 of the 4th BImSchV) if temporary storage is accepted with a total storage capacity of 30 tonnes or more of hazardous waste , no. 8.12.1.2
