Immissionsschutzbeauftragter Bestellung

§§ 52b - 58 Federal Immission Control Act (BImSchG)
https://www.gesetze-im-internet.de/bimschg/index.html#BJNR007210974BJNE006708116

5. Federal Immission Control Ordinance (BImSchV)
https://www.gesetze-im-internet.de/bimschv_5_1993/index.html

If you have newly appointed or dismissed an emissions control officer or if there have been changes in his or her area of responsibility, you must report this to the responsible emissions control authority.

As an operator of certain facilities requiring approval under the Federal Immission Control Act, you must appoint one or more operational officers for immission control (immission control officers) if this is necessary in view of the type or size of the facilities due to the

• emissions from the installations,
• technical problems of emission control or
• The ability of the products to cause harmful environmental effects through air pollution, noise or vibrations when used as intended

is required.

As an operator, you must immediately notify the competent authority of the appointment of the emission control officer and the description of his or her duties, as well as any changes in his or her area of responsibility and his or her dismissal.

Please enclose documents proving that the emission control officer has the necessary expertise and reliability to carry out his duties.

Evidence that the emission control officer has the necessary expertise. In particular:

1. completion of a degree in engineering, chemistry or physics at a university,
2. participation in one or more courses recognised by the competent authority under state law in which knowledge has been imparted in accordance with Annex II of the 5th Federal Immission Control Ordinance, which is necessary for the tasks of the representative and
3. knowledge acquired during two years of practical experience of the installation for which the agent is to be appointed or of installations which are comparable with regard to the agent's tasks.

You inform your works council or staff council about the appointment of emission control officers.
You notify the responsible authority in writing of the appointment of an emission control officer. In particular, you specify the exact tasks that the emission control officer will take on. You enclose the certificates of professional qualification of the emission control officer to be appointed with the notification.
The responsible authority will accept your notification and examine it.
If necessary, the responsible authority will request further documents or information from you.
This is a report made by you. You will therefore not receive any notification from the responsible authority.

no

Immediately report any appointments, dismissals or changes to the area of responsibility of the emission control officer to the responsible authority.

You can find out which plants require approval and for which you must appoint an emission control officer from Annex I of the Ordinance on Immission Control and Major Accident Officers (5th BImSchV).

There is no legal remedy provided. This is purely an advertisement by you.

• Show appointment of an emission control officer
• Immission control officers, the
  • newly ordered
  • were recalled
  • or in whose area of responsibility there have been changes
• immediate notification
• Written form requirement
• Obligation for operators of plants requiring approval
  • with emissions of a significant magnitude or
  • with likely technical problems in limiting emissions or
  • in the case of products from plants requiring authorisation which, when used as intended, are capable of causing harmful effects on the environment or
  • in the case of determination of the appointment of emission control officers by the competent authority
• Informing the works council or staff council before the appointment and in case of changes
• Appointment of the emission control officer and precise description of his duties

Authority for the Environment, Climate, Energy and Agriculture - Immission Control and Waste Management