In most cases, the competent authority for installations that fall under the 17th BImSchV is Department 5, Environment, of the locally responsible regional council. In individual cases, a different responsibility may exist.
According to the Immission Control Competence Ordinance of the state of Baden-Württemberg, the following applies:
The Departments 5, Environment of the respective locally responsible regional councils are the competent immission control authorities for business 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 constructed.
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 on them, which 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 that serve the construction, significant expansion and significant modification of underground cavities.
The locally competent lower immission control authority (district or municipal administration) is the competent authority for all other industrial sites that do not fall under the regulations described above.