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Permit Procedures

Permit Procedures under the Federal Immission Control Act (BImSchG) and Water Management Act (WHG)

The permit procedure unter the Federal Immission Control Act (BImSchG) and the Water Management Act (WHG) plays a central role for companies operating specific plants or activities. It ensures compliance with legal requirements in the areas of emission control and water management and supports companies in meeting the prescribed regulations. Our QUBUS team offers efficient permit management that guides you through the entire permitting process.

Requirements for Companies

Companies operating specific plants or activities must adhere to requirements of the BImSchG and WHG. In the area of emission control, this includes facilities or activities listed in Annex 1 of the 4th BImSchV and for which the quantity thresholds therein mentioned are exceeded. In the area of water management, this concerns, for example, wastewater treatment plants with direct or indirect discharge.

 

Our Expertise – Your Advantage

Our expertise lies in comprehensively guiding companies throughout the entire permit process in accordance with the Federal Immission Control Act (BImSchG) and the Water Management Act (WHG). We have extensive industry-specific experience in conducting complex permit procedures.

We are aware of the complexity and challenges of these processes and offeror professional and efficient support to ensure that you comply with all necessary regulations. 

Professional Guidance by QUBUS

If you are planning new permit-requiring facilities or want to modify existing plants or activities that fall under the scope of the BImSchG or WHG, it is crucial to determine the specific requirements applicable to your company to ensure compliance with all legal regulations. We provide support in identifying the relevant requirements in your specific case and will be happy to guide you safely through the permitting process.

Consultation and Support in all Stages of the Permit Procedure

Our services encompass consultation and support on all matters related to permit procedures under Immission Control Act and Water Management Act. This includes, among others:

  • New permits according to § 4 BImSchG
  • Modification permits according to § 16 BImSchG
  • Modification notifications according to § 15 BImSchG
  • AwSV notification procedures according to § 40 AwSV
  • Indirect discharge permits according to § 58 WHG
  • Suitability assessment according to § 63 WHG
  • Permits under Major Accident Law according to §23b BImSchG

We assist you throughout the permit process and jointly prepare the necessary documents for the respective procedure. We work closely with the responsible authorities, experts, and project participants, ensuring an efficient process flow.  

Permit Procedures for Companies Operating in Surface Technology, Chemistry, or Waste Management

Our services are aimed at companies operating specific facilities or engaging in activities that fall under Annex 1 of the 4th BImSchV (e.g., electroplating facilities, anodizing plants with a process tank volume > 30 m3 or > 1 m3 when pickling or passivating with nitric or hydrofluoric acid) or under the Water Management Act (e.g., wastewater treatment plants whose upstream process area includes electroplating or anodizing facilities; storage facilities for water-hazardous substances). This includes companies operating in fields such as surface technology, chemistry, or waste management. 

With our expertise and support you can ensure that you meet all the legal requirements for the respective permit procedure and that the environment and human health is fully guaranteed. Contact us for a non-binding consultation at +49 (0)7171 / 10408-0

Process of a Permit Procedure

A permit procedure under immission control law or water law (also notification procedure) is generally divided into pre-application phase and post-application phase.

Phase before Submitting the Application

In the phase before the application is submitted, the scope of the permit and thus the procedure itself are coordinated with the authorities during an application conference. In the case of an immission control permit procedure, § 13 of the Federal Immission Control Act (BImSchG) applies, which is known as the "concentration effect", and it includes permits from other technical areas (building law, water law). During the application conference, it is determined whether additional assessments are required, such as emission forecasts, noise forecasts, or fire protection concepts. 

The next step is to complete the application documents. To do this, the applicant must have a basic concept of the project. The application documents are then submitted to the authorities as a complete package.

Phase after Submitting the Application

In the phase after the application is submitted, the application documents are checked for completeness. The procedure only begins after the authorities confirm the completeness of the submitted documents. If the documents are incomplete, they need to be adjusted and resubmitted. 

In the case of a permit procedure with public participation, the project is publicly announced, and the application documents are made available to the public. If there are objections from third parties, it may lead to a discussion session where the objections are discussed. The procedure concludes with the issuance of the permit. The permit may include additional condition or requirements. 

Frequently Asked Questions about the Permit Procedure

Which facilities or activities are subject to notification or approval requirements?

Appendix 1 of the 4th BImSchV lists the facilities or activities that are subject to the requirement for approval under emissions control law. Some examples include:

  • Electroplating plants with an effective bath volume > 30 m3 or plants for pickling and passivating with nitric acid or hydrofluoric acid > 1 m3
  • Painting facilities with a consumption of organic solvents > 150 kg/h or 15 t/a. 
  • Facilities for storage of acutely toxic substances > 2 t (here: acute toxicity Category 1 and 2). 

What notifications or permits need to be submitted or applied for?

The specific type of notification or permit require depends on the nature of the planned project. The following procedures maybe necessary:

  • Immission control permit according § 4 of the Federal Immission Control Act (BImSchG). 
  • Modification permit according to § 16 of the Federal Immission Control Act (BImSchG). 
  • Immission control notification procedure according to § 15 of the Federal Immission Control Act (BImSchG).
  • Immission control incident notification procedure according to § 23b of the Federal Immission Control Act (BImSchG). 
  • Indirect discharge permit according to § 58 of the Water Resources Act (WHG). 
  • Notification procedure according to § 40 of the General Administrative Regulation on Requirements for Facilities Handling Substances Hazardous to Water (AwSV) for facilities dealing with hazardous substances (HBV = Production, Treatment, Use; LAU = Storage, Filling, Decanting). 

What documents need to be submitted?

The specific documentation requirements are determined in consultation with the authority during the application conference. Authorities often provide checklists and forms for this purpose. In addition, you may be required to provide additional reports or studies, such as immission assessments, noise assessments, and fire protection concepts, as needed.

How long does a notification or approval process take?

The processing time for an approval procedure by the authority typically ranges from 3 to 9 months, depending on the specific procedure and whether it involves public participation. In the case of a notification process, the processing time is usually around 1 month. 

The completeness of the application or notification documents is crucial in determining when the respective process begins. 

How long is the permit valid?

The immission protection permit is valid indefinitely. The water law indirect discharge approval is granted with a specific duration or time frame. 

Benefit from our extensive experience and expertise in immission protection and water law approval processes. We will assist you as a partner throughout the approval process. Request a quote now at +49 (0)7171 / 10408-0.