Immission control; issuing orders

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 protection for the environment.

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 ban on 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).