Apply for a permit under immission control law for the construction and operation of plants
Due to their nature or operation, installations can cause harmful environmental effects or otherwise endanger, significantly disadvantage or significantly inconvenience the general public or the neighborhood.
If you want to set up and operate such a facility, you need a permit from the competent authority.
Stationary waste disposal facilities for the storage or treatment of waste are also subject to approval.
The authorisation procedure requires a written application, accompanied by the drawings, explanations and other documents necessary to check the conditions for approval. If the application is complete, it may have to be submitted. together with the documents and then display them for one month.
In simplified approval procedures or when public participation is waived, there is no public interpretation and no hearing takes place. At the latest at the same time as the public announcement of the project, the licensing authority shall invite the authorities to be involved to submit their opinion on the conditions for approval within one month. If there are objections, they can be discussed with you and those who raised the objections in a public meeting.
Once the licensing authority has identified all the circumstances relevant to the granting of a permit, a decision on the application must be taken, usually within 7 months of the completion of the application for authorisation, or within 3 months in the simplified procedure. The approval notice must be justified in writing and will be sent to you and the persons who have raised objections. The notification of the approval notice to objectors may be replaced by a public announcement.
In Lower Saxony, responsibility lies with the State Trade Inspectorates, the Hanover Region, the districts, independent cities or large independent cities.
To apply for the permit, the electronic application program ELiA is available; the required documents can be found in the set of forms stored there. It is recommended to consult with the responsible licensing authority before submitting an application.
Reference is made to the Guide for Applicants.
The fees for approval procedures according to BImSchG are calculated according to lfd. No. 44.1.1 to 44.1.5 of Appendix 1 to § 1 para. 1 of the Ordinance on Fees and Expenses for Official Acts and Services (General Schedule of Fees - AllGO).
The fees depend, among other things, on the construction costs of the plant and arise in the course of the procedure
You must apply for the installation with the competent authority before construction and operation.
A decision on the application for authorisation must be taken within seven months of receipt of the complete application, or within three months in simplified procedures. The competent authority may extend the time limit by three months at a time if this is necessary because of the difficulty of the examination or for reasons attributable to the applicant.
- § 4 Act on Protection against Harmful Environmental Effects by Air Pollution, Noise, Vibrations and Similar Processes (Federal Immission Control Act – BImSchG)
- § 5 Act on Protection against Harmful Environmental Effects by Air Pollution, Noise, Vibrations and Similar Processes (Federal Immission Control Act – BImSchG)
- § 10 Act on Protection against Harmful Environmental Effects by Air Pollution, Noise, Vibrations and Similar Processes (Federal Immission Control Act – BImSchG)
- § 6 Act on Protection against Harmful Environmental Effects by Air Pollution, Noise, Vibrations and Similar Processes (Federal Immission Control Act – BImSchG)
- Fourth Ordinance on the Implementation of the Federal Immission Control Act – 4th BImSchV
Contradiction
The ELiA application programme can be downloaded free of charge from the website of the Labour Inspectorate.
Lower Saxony Ministry for the Environment, Energy, Building and Climate Protection
The text was automatically translated based on the German content.
