The responsibilities in the area of immission control are regulated in the Immission Control Competence Ordinance of the state of Baden-Württemberg.
In most cases, the competent authority for an installation that falls under the scope of the 44th BImSchV is the local lower immission control authority:
- the district office, if the premises with the plant are located in a district,
- the city administration if the premises with the plant are located in a city district.
A different responsibility applies in the following cases (among others, for companies that are subject to the European Industrial Emissions Directive, the Hazardous Incident Ordinance or mining law):
Departments 5 - Environment of the respective locally responsible regional councils are the competent immission control authorities for company premises on which:
- at least one installation that is labelled with the letter E in column d of Annex 1 of the Ordinance on Installations Requiring a Permit,
- at least one operating area in accordance with Section 3 (5a) of the Federal Immission Control Act (hazardous incident operation),
- at least one installation that requires a licence pursuant to Section 60 (3) sentence 1 no. 2 or no. 3 of the Federal Water Act, or
- at least one landfill in accordance with Article 10 in conjunction with Annex I of Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control), as amended
exists or is to be established.
Department 9 - State Office for Geology, Raw Materials and Mining of the Freiburg Regional Council is also the state-wide competent immission control authority for:
- Operational sites including the facilities and activities located thereon that are subject to mining supervision,
- Operating sites with cable cars and funicular railways used for passenger transport,
- Operating sites with high-pressure gas pipelines which, as energy installations within the meaning of the Energy Industry Act, serve to supply gas and which are designed for a maximum permissible operating pressure of more than 16 bar,
- Underground waste disposal facilities and
- Operating sites with facilities used for the construction, significant expansion and significant modification of underground cavities.
Please ensure that you submit your notification of a change of operator to the responsible immission control authority.