Federal Immission Control Act

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Basic data
Title: Law on the protection against
harmful environmental effects
from air pollution, noise,
vibrations and similar processes
Short title: Federal Immission Control Act
Abbreviation: BImSchG
Type: Federal law
Scope: Federal Republic of Germany
Issued on the basis of: Art. 74 para. 1 No. 24, 11, 21-23 in conjunction with Art. 72 para. 2 GG, Art. 73 No. 6, 6a GG
Legal matter: Special administrative law , environmental law
References : 2129-8
Original version from: March 15, 1974
( BGBl. I p. 721 , ber.p. 1193 )
Entry into force on: March 22, 1974
and April 1, 1974
New announcement from: May 17, 2013
( BGBl. I p. 1274 )
Last revision from: September 26, 2002
( BGBl. I p. 3830 )
Entry into force of the
new version on: 		October 4, 2002
Last change by: Art. 103 VO of June 19, 2020
( Federal Law Gazette I p. 1328, 1340 )
Effective date of the
last change: 		June 27, 2020
(Art. 361 of June 19, 2020)
Weblink: Text of the law
Please note the note on the applicable legal version.

The German Federal Immission Control Act ( BImSchG ), in its long form the law for the protection against harmful environmental effects from air pollution, noise, vibrations and similar processes, is systematically part of environmental law and is intended to address people, animals and plants, the soil, water, the atmosphere as well as cultural and Protect other material goods from harmful environmental impacts and prevent the occurrence of harmful environmental impacts, as well as avoid and reduce harmful environmental impacts through emissions into air, water and soil ( § 1 BImschG).

History of origin

The draft of the Federal Immission Control Act from 1973 was based on the resolution of the Committee of Ministers of the Council of Europe of March 8, 1968, which dealt with the principles of air pollution control.

As early as October 1971, the federal government had presented an environmental program which "after a thorough inventory of the environmental problems" in Germany summarized the steps required for environmental planning and environmental protection. Maintaining a healthy and balanced environment is one of the “existential questions facing humanity”. Environmental problems do not stop at any frontier.

With effect from April 15, 1972, Art. 74 No. 24 GG extended the competing legislative competence of the federal government to "waste disposal, air pollution control and noise abatement".

The Federal Immission Control Act should create the basis for a nationally standardized set of rules for the core area of ​​environmental protection that is as comprehensive as possible and adapted to modern technical developments. It was about technical law, which had to be nationally uniform in order to avoid regionally different burdens, as in all corresponding areas of technical law.

content

Areas of regulation

Section 2 (1) of the BImschG differentiates between

  • Plant-related immission control: Regulations on the establishment and operation of industrial companies (§§ 4 - 31a)
  • Product-related immission control: Requirements for the manufacture and quality of certain products to protect against harmful environmental effects, for example the quality of fuels (§§ 32 - 37f)
  • Traffic- related immission control: condition and operation of vehicles as well as traffic restrictions (§§ 38 - 43) and the
  • Area-related immission control: Protection of certain areas from air pollution and noise, especially urban areas (sections 44 - 47 and sections 47a - 47f).

The common regulations (§§ 48 - 65) contain, among other things, authorizations to issue implementation provisions (§§ 48 ff. BImschG), the building and planning law separation requirement ( § 50 BImschG), regulations on plant monitoring ( § 52 BImschG) and the Provision against operational incidents ( § 58a BImschG) and administrative offenses ( § 62 BImschG). The transitional provisions follow (Sections 66 - 73).

The criminal provisions of §§ 63-65 BImschG in the original version of the law from 1974 were inserted into the 28th section of the criminal code " Crimes against the environment " by the 18th Criminal Law Amendment Act with effect from July 1, 1980 ( § 327 para. 2 sentence 1 No. 1 StGB).

The behavior-related immission control is expressly excluded from the competing legislative competence of Article 74, Paragraph 1, No. 24 of the Basic Law. In this respect, the federal states have partly issued their own state law regulations, and partly the general security law applies.

Implementing Regulations

The law itself only regulates the basic requirements. The mainly technical details that are essential for practice are regulated in numerous implementation ordinances (Federal Immission Control Ordinances, abbreviated to BImSchV). B. to define certain types of systems and contain details of the approval process and the monitoring of systems. This norm-concretizing function is fulfilled by the sub- legal regulations through the interpretation of indefinite legal terms of the BImschG or the definition of limit values ​​in order to ensure a uniform and predictable law enforcement.

If no limit values ​​for emissions or immissions are specified in the implementing ordinances, the values ​​from the federal administrative regulations such as the TA Luft (Technical Instructions for Keeping the Air Clean) and the TA Lärm (Technical Instructions for Protection against Noise) apply .

There is currently no executive federal ordinance for the “ light ” immission area ; however, the “ Lighting Directive ” of the Federal / State Working Group for Immission Control (LAI) applies in the federal states . For smells, the “ Odor Immission Directive ” (GIRL) applies in each country .

The 2nd to 6th parts of the BImschG each contain their own authorization bases for the issuance of statutory ordinances in the individual regulatory areas, e.g. § 7 , § 22 BImsch for requirements on systems, § 32 BImschG for the quality of systems, § 37d for greenhouse gas reduction in fuels , § 43 BImschG on traffic noise from traffic routes or § 47f BImschG on noise mapping.

The 7th part of the BImschG contains in §§ 48–51 BImschG common provisions for the issuing of statutory ordinances and uniform federal administrative regulations. Before the decree, a selected group of representatives from science, those affected, the business involved, the involved transport system and the highest state authorities responsible for immission control must be heard ( Section 51 BImschG). This “consultation of the parties involved” is an example of the participation of private individuals in state legislation. It embodies a high degree of scientific and technical expertise and at the same time expresses the assessments of the regulatory authority appointed for this purpose, based on abstract and general considerations. According to the recent case law of the Federal Administrative Court, technical instructions in the form of administrative regulations are not merely anticipated expert reports that can be refuted by counter-evidence, but also have a binding effect on the courts due to the special way they are created.

In addition, the Commission for Plant Safety provides advice to the Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety ( Section 51a BImschG).

Legal ordinances to fulfill binding legal acts of the European Union require the consent of the Bundesrat ( § 48a BImschG), the Bundestag is involved in the creation of certain other legal ordinances ( § 48b BImschG).

Influence of European and international law

The initially more human-related law was expanded as a result of holistic environmental protection approaches of the European Union . EU directives affect both the BImSchG and the BImSchV. Examples are the IPPC Directive , the Directive 2001/81 / EC on national emission ceilings for certain air pollutants or the Directive 2008/50 / EC on air quality and cleaner air for Europe .

With the new version of the BImSchG, published on June 29, 2005, a new (sixth) part entitled Noise Reduction Planning (Sections 47a – 47f BImschG) was inserted into the law. The old Section 47a has thus been significantly expanded and the EU Environmental Noise Directive from 2002 implemented in German law. Another implementation regulation is the Ordinance on Noise Mapping (34th BImschV), which was issued on the basis of the authorization in § 47f BImschG.

The European Industrial Emissions Directive, which came into force on January 6, 2011 , was transposed into national law in Germany in April 2013.

In addition to other laws from environmental law - such as the Water Management Act , the Recycling Act and the EIA Act - the Federal Immission Control Act and various ordinances relating to the BImschG have also been changed. These changes mainly concern the consideration of the BAT guidelines of the European Commission on the relevant state of the art for plant approval and operation , which are now binding as a minimum standard in all EU member states ( BAT conclusions ).

The European Court of Justice (ECJ) also plays a role in the enforcement of EU law in the member states, such as measures to combat air pollution.

International treaties such as the Convention on Long-Range Transboundary Air Pollution , the Vienna Convention for the Protection of the Ozone Layer or the Aarhus Convention also provide further impetus .

Plant-related immission protection

History and starting point of the law

The Federal Immission Control Act is a German federal law from 1974. Its regulatory structure (such as: the licensing requirement, the listing of the systems requiring licensing, instruments of the subsequent order and the decommissioning / disposal decree) is based on §§ 16 to 25 of the trade regulations which already regulated the plant permit law before 1918. The Clean Air Act of the United States (CAA, contained in US Code , Title 42, §§ 7401 ff.) Of 1970 is likely to be the godfather for the environmentally-related exaggeration of the commercial regulations that were later spun off into the Federal Immission Control Act (especially with regard to technical standards) have stood. Even today, the Federal Immission Control Act is the right to authorize industrial and commercial facilities, which is why its implementation is in many cases still quite consistent with the commercial surveillance authorities, such as B. is incumbent on the state environmental offices, trade supervisory offices or district governments.

In 1974, when the law was passed, industrial emissions were recognized as a serious problem for the environment and human health (" environmental awareness "), but they were regulated with the tools of the trade regulations as well as with political campaigns for air pollution control (for example " Blue sky over the Ruhr area ”) has reached its limits. Since then, it has been changed many times, its scope of control expanded and its control technology made more precise.

The starting point of the law are certain forms of environmental impact (= immission ), which are defined as "air pollution, noises, vibrations and similar processes", i.e. can only be imponderables . From the point of view of environmental protection or environmental technology, this definition of the law appears arbitrary; but it is explained by civil law . Section 906 (1) sentence 1 of the German Civil Code (BGB) reads:

“The owner of a property cannot prohibit the supply of gases, vapors, smells, smoke, soot, heat, noise, vibrations and similar effects emanating from another property insofar as the effects do not or only insignificantly impair the use of his property. As a rule, there is an insignificant impairment if the limit or guide values ​​specified in laws or ordinances are not exceeded by the effects determined and assessed according to these regulations. "

Regulatory approach

With the help of the Federal Immission Control Act as a licensing law for industrial and commercial facilities, harmful environmental impacts through emissions into air, water and soil are to be avoided and reduced with the involvement of waste management. The aim is to achieve a high level of protection for the environment.

Immissions can primarily be limited by limiting emissions . The legal limitation of emissions is always an interference with the freedom of action, namely the freedom of trade. That is why they must not be limited “for their own sake”, but only - in accordance with the principle of proportionality - analogous to their harmfulness, that is, their impact on the environment and human health. The law aims to avert existing or impending dangers and is based both on the polluter pays principle and - especially in the case of plants that require approval - on the precautionary principle .

The law sets requirements not only for large-scale industrial plants, but also for everyday items such as fireplace stoves or lawnmowers (which even the European Union adopted with its own directive - implemented in the 32nd implementing regulation for the BImSchG, previously independently in the repealed 8th BImSchV ) as portable (No. 2), or sports fields and gyms as stationary (No. 1) facilities. A construction site, for example, falls under number 3 if it is of a certain duration.

Due to their increased risk potential, certain systems are subject to an authorization requirement with increased requirements ( systems requiring authorization , Section 4 (1) BImSchG). These systems are not listed in the law itself, but are finally enumerated in a list of different system types in the ordinance on systems requiring approval; The size or the production throughput of a plant, i.e. the exceeding of certain threshold values ​​with regard to pollutant emissions, material throughput, capacity or the like, is often decisive for whether or not it is subject to authorization.

Approval process

The approval procedure according to the Federal Immission Control Act is a very demanding procedure because it takes into account and assesses all of the environmental impacts of a plant. There is a legal claim to the approval in accordance with Section 6, Paragraph 1 of the BImSchG (“Approval is to be granted if ...”). The approval procedure for the new construction of certain facilities is either with or without public participation (listing of these facilities as procedure type G or V in the appendix to the 4th BImSchV - see also the regulation on facilities requiring approval ). This means that in the event of public participation, the application for a permit is made public and there is an opportunity to raise objections to the project with the approval authority. An objection that has been effectively submitted opens up further participation in the approval process in accordance with Section 10 (6) and (7) of the BImSchG, namely the right to have your objections discussed at the hearing . Objections can be raised by anyone, in particular also by environmental associations , up to 2 weeks after the expiry of the interpretation period ( Section 10 Paragraph 3 Sentence 4 BImSchG). Late objections are no longer taken into account (so-called material preclusion ). The approval procedure does not provide for public participation for other new plants (procedure type V [simplified] in the appendix to the 4th BImSchV - see there). In the case of changes to existing systems ( Section 16 ), the applicant can, under certain conditions, apply for the procedure to be carried out without public participation.

The permit grants the plant operator legal certainty not only in terms of public law, but also in terms of private law: With its granting, the claims under neighboring law for the elimination and omission of immissions ( § 906 BGB, see No. 1 above) are limited; the neighbor affected by the operation of the approved facility can no longer demand the cessation of operations ( § 14 BImSchG). However, under certain conditions, he can demand compensation or, if risks arise for him from the nature or operation of the plant, demand that the competent authority notify the plant operator in accordance with § 17 , § 5 BImSchG (see below: Dynamics of the BImSchG) Defensive measures imposed.

Subsequent orders

For systems that are subject to immission control law, Section 17 BImSchG only provides a limited protection of existing status . It is also said that the obligations under immission control law are dynamic obligations, i.e. obligations that can and generally have to be adapted to a changed situation as well as a changed legal situation.

According to its protective purpose, § 17 BImschG does not only apply after changes, but also when the factual and legal situation remains unchanged. The only decisive factor is that there is a situation in which the fulfillment of the immission control obligations does not appear to be guaranteed without the order. An order can be issued to remedy an already existing or to prevent a violation of the federal emission control obligations.

If the operator of a facility that requires approval does not comply with an enforceable subsequent order, the competent authority must, in accordance with Section 20 (1) sentence 2 BImschG, prohibit operation in whole or in part if a violation of the requirement, order or duty poses an immediate risk to human health causes or represents an immediate significant hazard to the environment. § 21 BImschG also regulates the right to revoke the approval.

In the case of operators of systems that do not require approval, the competent authority can issue orders in individual cases in accordance with § 24 , § 22 BImschG issued.

Precautionary order

According to Section 17 (1) sentence 1 BImSchG, orders can be issued to the operator of a facility that requires approval, even after the approval, to take precautions against harmful environmental impacts and other dangers, significant disadvantages and considerable nuisance within the meaning of Section 5 (1) no.2 BImSchG (precautionary order). The obligations set out in Section 17 (1) Sentence 1 BImSchG include the basic obligations arising from Section 5 BImSchG for the construction and operation of plants that require approval.

The precautionary obligation in particular is technology- related, i. H. the risk prevention measures must correspond to the current state of the art ( Section 5 (1) No. 2, Section 3 (6) BImschG). Since this is constantly changing (improving) with technical progress, the content of the precautionary obligation also changes, which is why this obligation is referred to as a dynamic obligation . With every change in the precautionary technologies, subsequent orders can be made that are adapted to the new state of the art and thus enable a dynamic adaptation of the nature and operation of the system to technical progress in the field of hazard prevention.

The order is at the discretion of the competent authority and may not be disproportionate. If the order were disproportionate, the approval may be revoked in whole or in part. Upon application, the person concerned is to be compensated for the financial disadvantage suffered ( Section 17 (2), Section 21 BImschG).

Protection or hazard arrangement

The competent authority should issue subsequent orders if, after the approval has been granted, it is determined that the general public or the neighborhood is not adequately protected from harmful environmental effects or other dangers, significant disadvantages or significant nuisances (protective or hazard order). This is only the case if a system operator violates his third-party protection obligations from Section 5 (1) No. 1 BImSchG or from Section 5 (3) No. 1 BImSchG and thereby makes a causal contribution to a specific hazard, significant nuisance or leads to considerable disadvantages.

enforcement

The BImSchG offers state bodies a wide range of instruments to encourage plant operators to comply with their obligations and to protect against dangers that the plants pose to human health, property and the environment.

monitoring

As a police authority, the authority can order emission and immission measurements by certain third parties every three years and with every change and at any time for special reasons, the costs of which are regularly borne by the operators. Emissions declarations must be submitted by operators of certain systems . They are to be evaluated by the authority, but also serve for self-control. It may be necessary to appoint agents such as immission control or accident officers for in -house hazard prevention.

In order to ensure effective control, the representatives of the authorities are authorized to enter the facility, including business premises and, in the event of imminent danger, residential premises; the operators have to cooperate by providing information, handing over documents and providing aids and even owners and owners of other, for example neighboring properties have to allow entry and the necessary examinations there.

Dispositions

  • The need for approval, ancillary provisions such as conditions for approval and subsequent orders as well as obligations from statutory ordinances can be enforced against the operator by prohibiting him from operating until he has fulfilled his obligations or even by removing or clearing illegally built system components. The competent authority should do it if the general public (or the neighborhood) cannot be adequately protected in any other way; if outstanding protected assets are at risk, it must.
  • Orders can also be enforced by way of administrative enforcement, e.g. by means of a penalty payment or substitute performance .
  • The revocation of a permit is possible, among other things, if conditions are not met or serious disadvantages for the common good are to be prevented or eliminated.

Sanctions

Certain violations are to be punished as an administrative offense , i.e. with a fine . Anyone who operates a system, although this has been legally prohibited under immission control law or the approval of the competent authority required for operation is missing, is committing a criminal offense. Even the construction of a plant without the permit required by BImSchG is illegal.

Area-related immission protection

A coordinated, well-planned procedure is intended to combat harmful environmental impacts in the form of air pollution (Sections 44 to 47 BImSchG) and noise (Sections 47a to 47f BImSchG), in particular by drawing up air quality and action plans and drawing up noise maps and the establishment of noise action plans.

Application example

The 39th BImschV , with which Article 33 of the European Air Quality Directive was implemented, contains limit values ​​for sulfur dioxide , PM 10 , lead and carbon monoxide in the air in urban areas. If these immission limit values ​​are exceeded, the competent authority has to draw up an air pollution control plan according to § 47 Paragraph 1 Clause 1 BImSchG , which defines the necessary measures for the permanent reduction of air pollution. According to Section 47, Paragraph 1, Clause 3 of the BImSchG, the measures in an air pollution control plan must be suitable for keeping the period in which the immission limit values ​​that are already to be observed are exceeded as short as possible.

If a traffic ban for diesel vehicles with a lower emission standard than Euro 6 as well as for vehicles with petrol engines below the Euro 3 emission standard within an environmental zone proves to be the only suitable measure for the fastest possible compliance with the nitrogen dioxide limit values, Art. 23 para. 1 subpara. 2 of the Air Quality Directive to take this measure, according to the Federal Administrative Court in the Diesel judgment of February 27, 2018.

criticism

Both the legislation and the application of the law are criticized as inadequate by environmental associations, for example.

Although the BImSchG has a differentiated catalog of enforcement instruments, it is commonly referred to as an enforcement deficit . This means that by no means all systems are state-of-the-art, as they should be, and that the majority of violations of immission control regulations remain unpunished despite extensive possibilities under the BImSchG and the associated ordinances. This is not least due to the limited capacities of the monitoring authorities, which are faced with an almost unmanageable number of plants ( Section 52 BImschG).

Another reason that should not be underestimated is the influence of local and regional politics on the administration in order to prevent measures against plant operators, who also pay taxes and create or maintain jobs. In addition, the problem of the lack of financial resources on the part of plant operators and the state should be mentioned, which can lead to costly hazard prevention or removal orders not being carried out. The substitute performance costs that may arise in this context , which can hardly be recovered from operators operating close to insolvency , also discourage state authorities from executing the corresponding orders. Public participation, for example in accordance with Section 10 (3) of the BImschG in the plant approval process can counteract implementation deficits by giving weight to the general interests of “environmental and nature conservation” and acting as a “counterpoint” to economic issues.

literature

  • Daniel Couzinet: The admissibility of emissions in installation-related pollution control law. Tübingen writings on constitutional and administrative law Volume 77, 2007, ISBN 978-3-428-12374-2
  • Hans D. Jarass: Basic Structures of Immission Control Law , JuS 2009, pp. 608–614 ISSN  0022-6939
  • Hans D. Jarass: Federal Immission Control Act. Commentary taking into account the Federal Immission Control Regulations, the TA Luft and the TA Lärm , 11th edition 2015, Verlag CH Beck, ISBN 978-3-406-68192-9
  • Alfred Scheidler: The new regulations in the Federal Immission Control Act for noise reduction planning . Environmental and Planning Law 25 (9), pp. 334–337 (2005), ISSN  0721-7390
  • Alfred Scheidler: The immission control instruments for area-related air pollution control . Environmental and Planning Law 26 (6), pp. 216–222 (2006), ISSN  0721-7390
  • Holger Wöckel: Basics of immission control law . 2008 (62 pages), Freiburg document server (FreiDok)

Web links

Individual evidence

  1. ^ Otfried Seewald: Immissionsschutzrecht Universität Passau 2004, p. 3
  2. ↑ cf. the graphic in environmental law TU Munich (no year), p. 10
  3. ↑ Environmental program of the federal government BT-Drs. VI / 2710 of October 14, 1971
  4. ^ Helmut Wegner: The federal government's environmental program. Social Progress 1972, pp. 62–65
  5. ↑ cf. Michael Bothe : Environmental protection as a task of law. International Law and Comparative Law ZaöRV 1972, pp. 483-515
  6. ↑ Thirtieth law amending the Basic Law (Article 74 Basic Law - Environmental Protection) of April 12, 1972, Federal Law Gazette I p. 593
  7. ↑ Changes to the Basic Law since 1949. Content, date, voting results and text comparison Scientific services of the German Bundestag , elaboration of November 18, 2009, p. 10
  8. ↑ Draft of a law to protect against harmful environmental impacts from air pollution, noise, vibrations and similar processes - Federal Immission Control Act BT-Drs. 7/179 of February 14, 1973, p. 21 ff., 26 f.
  9. ↑ Holger Wöckel: Fundamentals of Immissionsschutzrechts Universität Freiburg 2008, pp. 7, 12 ff., 48 ff.
  10. ↑ Federal Law Gazette I p. 721
  11. ↑ Eighteenth Criminal Law Amendment Act - Act to Combat Environmental Crime (18th StrÄndG) of March 28, 1980, Federal Law Gazette I p. 373
  12. ↑ Bavarian Immission Control Act (BayImSchG) of December 10, 2019 (GVBl. P. 686)
  13. ↑ State Immission Control Act of March 18, 1975, GV. NW. 1975 p. 232 (North Rhine-Westphalia)
  14. ↑ cf. VGH Baden-Württemberg, decision of July 17, 2012 - 10 S 406/10 Police Ordinance against environmentally harmful behavior based on § 10 PolG BW
  15. ↑ cf. BVerwG, judgment on June 21, 2001 - 7 C 21.00 2.a) on TA Luft
  16. ↑ Shu-Perng Hwang: Norm-concretizing administrative regulations in environmental law: Norm concretization as standard replacement? KritV 2011, pp. 97–115
  17. ↑ cf. Rico David Neugärtner: Legislative Law. Participation of 'private individuals' in sovereign legislation Humboldt-Universität zu Berlin 2020, 2d
  18. ↑ BVerwG, judgment on June 21, 2001 - 7 C 21.00 2.a) on TA Luft
  19. ↑ Administrative court review of technical authority decisions in environmental law VERDIF (no year), p. 2/3
  20. ↑ Scheidler: The Purpose of the Federal Immission Control Act, Immissionsschutz magazine , Issue 3, September 2018, pages 116-122
  21. ↑ cf. EU - Immissionsschutz umwelt-online.de, accessed on April 27, 2020.
  22. ↑ Federal Environment Agency : Immissionsschutzrecht , October 17, 2019.
  23. ↑ see the sample administrative regulation for the implementation of § 47 a BImSchG , published by the Ministry for the Environment, Regional Planning and Agriculture of the State of North Rhine-Westphalia, Düsseldorf 1992
  24. ↑ Law for the implementation of the directive on industrial emissions of April 8, 2013 ( Federal Law Gazette I p. 734 ).
  25. ↑ Basic information in the documentation and information system for parliamentary processes.
  26. ↑ Stefan Hüsemann, Sabine Nattermann: Implementation of the directive on industrial emissions (IED). Need for action for operators of plants requiring approval ( memento of March 26, 2016 in the Internet Archive ).
  27. ↑ Free State of Thuringia / Ministry of Agriculture, Forests, Environment and Nature Conservation: Effects of the Implementation of the Industrial Emissions Directive (IED). Implementation of Directive 2010/75 / EU 5th Saxon-Thuringian Soil Protection Days on 19./20. June 2013 in Altenburg.
  28. ↑ EU Commission sues Germany and five other member states for air pollution Representation of the European Commission in Germany, May 17, 2018.
  29. ↑ Alexander Schink: Failure to comply with the limit values ​​of the Air Quality Directive - What leeway does Union law leave? , in: Martin Kment (ed.): The influence of the European Court of Justice on environmental and infrastructure law. Current development lines , Mohr Siebeck 2020, pp. 121–150.
  30. ↑ cf. Hessian Ministry for the Environment, Climate Protection, Agriculture and Consumer Protection : Procedure manual for the implementation of the BImSchG. Implementation of approval procedures as of January 2020.
  31. ↑ Dietlein: Landmann / Rohmer: Environmental Law - Comment (Status: 88th EL September 2018) . Ed .: Martin Beckmann, Wolfgang Durner, Thomas Mann, Marc Röckinghausen. tape 1 . Verlag CH Beck oHG, Munich 2019, BImSchG § 10 Rn. 123 .
  32. ↑ Jarass: Federal Immission Control Act - Comment . Ed .: Hans D. Jarass. 12th edition. Verlag CH Beck oHG, 2017, § 10 Rn. 84 .
  33. ↑ BUND : Legal options against already approved or already commissioned factory farming systems Version 23 December 2018
  34. ↑ OVG NRW, decision of December 11, 2012 - 8 A 722/11 -, UPR 2013, 388 = juris Rn. 25 fmwN
  35. ↑ BVerwG, decision of August 30, 1996 - 7 VR 2.96 -, NVwZ 1997, 497 = juris Rn. 18; OVG NRW, decision of June 1, 2006 - 8 A 4495/04 -, UPR 2006, 456 = juris Rn. 51; OVG Rh.-Pf., judgment of August 3, 2016 - 8 A 10377/16 -, juris Rn. 41.
  36. ↑ cf. For example, VG Aachen, judgment of 11 October 2017 to 6 K 996/16
  37. ↑ Hansmann / Ohms in: Landmann / Rohmer, Environmental Law, Commentary, Loose-Leaf Collection (as of May 2017), § 17 BImSchG Rn. 219; Jarass, BImSchG, Commentary, 11th edition 2015, § 17 Rn. 60
  38. ↑ § § 26 ff. BImSchG
  39. ↑ Section 52 (2) BImSchG; Paragraph 6 on the right of access for third parties
  40. ↑ Section 20 (1) BImSchG. See also VG Oldenburg, decision of April 26, 2016 - 5 B 1083/16
  41. ↑ § 21 BImSchG
  42. ↑ §62 BImSchG. For example OLG Oldenburg, decision of April 9, 2013 - 2 SsBs 59/13
  43. ↑ Section 327, Paragraph 2, No. 1 of the Criminal Code , imprisonment of up to three years or a fine, in particularly serious cases even more severe ( Section 330 BImschG)
  44. ↑ Section 62 (1) No. 1 BImschG
  45. ↑ BVerwG, judgment of February 27, 2018 - 7 C 30.17
  46. ↑ cf. Federal Ministry for the Environment, Nature Conservation and Nuclear Safety : Chronology of diesel and air pollution control before and after the Diesel judgment, as of July 10, 2019.
  47. ↑ cf. e.g. Oliver Kalusch: Statement on the draft amendment of the TA Luft Federal Association of Citizens' Initiatives Environmental Protection , Federation for Environment and Nature Conservation Germany 11 November 2018
  48. ^ Information from the Federal Government. Special report by the Council of Economic Experts for Environmental Issues : Environmental administrations under pressure to reform - challenges, strategies, perspectives. BT-Drs. 16/4690 of March 13, 2007
  49. ↑ Jan Ziekow , Christian Bauer, Carolin Steffens, Hanna Willwacher: Dialogue with experts on the EU legal act on environmental inspections - exchange on possible changes in the implementation of EU environmental law 2018
  50. ^ Federal Environment Agency : Participation rights September 24, 2019.