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Immission control; issuing orders
The competent authority can also issue subsequent orders for approved installations.
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Landratsamt Donau-Ries - Fachbereich 41 - Immissionsschutz, Abfallrecht
Street address
Pflegstr. 2
86609 Donauwörth
Postal address
Pflegstr. 2
86609 Donauwörth
Phone
Fax
Opening hours
Standort im BayernAtlas
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Regierung von Schwaben - Sachgebiet 55.1 - Rechtsfragen der Umwelt
Secure contact form
Street address
Fronhof 10
86152 Augsburg
Postal address
86145 Augsburg
Phone
Fax
Persons of contact
Procedure details
Description
An installation requiring a permit must always be operated in accordance with the basic obligations under Section 5 BImSchG and the legal ordinances based on Section 7 BImSchG, i.e. in particular in accordance with the state of the art, even after it has been constructed and commissioned. To this end, specific official orders can be issued (see § 17 BImSchG).
According to § 3 Para. 6 BImSchG, the "state of the art" is understood to mean the state of development of advanced processes, equipment and operating methods through which
- emissions to air, water and soil are limited,
- plant safety and environmentally sound waste disposal are ensured, and/or
- impacts on the environment are avoided or reduced in some other way.
For installations under the Industrial Emissions Directive, the so-called best available techniques (BAT) are taken into account, the status of which is continuously updated and defined at European level. The aim of operating installations in accordance with the state of the art is to achieve a generally high level of environmental protection.
The competent authority (usually the district administrative authority) can also order the operator to have the type and extent of the emissions from the installation and the immissions in the area affected by the installation determined by a notified body (Sections 26, 28 BImSchG). A prohibition of operation is possible, among other things, if the operator does not comply with a condition, a subsequent order or a material requirement or if the permit is missing (§ 20 BImSchG). It should be noted that a granted permit can be revoked under certain conditions (§ 21 BImSchG).
Appeal
Administrative court action
Related issues
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Immission control; ordering of investigations and tests by measuring stations or expertsIn order to determine emissions and immissions and to carry out safety tests, the competent authority may order notified measuring points or experts to take action.
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Immission control; application for a permit for the construction and operation of a plantThe construction, operation and significant modification of certain installations that may have a harmful impact on the environment require a permit under immission control legislation.
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Immission control; advice and informationThe responsible immission control authorities advise citizens and plant operators on immission control issues.
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Immission control; information on the inspection and monitoring of installations
In particular, systems requiring approval are regularly inspected to ensure that they comply with the legal regulations and the approval notice. They can also be inspected for special reasons.
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Immission control; review of plant safety and accident prevention
Certain companies with particularly high hazard potential (operating areas) are subject to the Major Accidents Ordinance.
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Industrial emissions; plant monitoring
Installations which, due to their nature or operation, are particularly likely to cause harmful environmental impacts on the air, soil or water are regularly monitored by the competent authorities.
Status: 13.01.2025
Editorial responsibility Bayerisches Staatsministerium für Umwelt und Verbraucherschutz
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