Applying for approval for the construction and operation or modification of an installation that is relevant to an incident and does not require approval
Description
A permit must be applied for from the competent authority before construction and operation or before modifications are made to an installation requiring a permit that belongs to the operating area or is part of an operating area if the operation or modifications may have an impact relevant to major accidents.
If, when examining your previous notification of an incident-relevant construction or modification, the authority comes to the decision that your project has an impact under incident law and therefore requires a permit, you must also apply to the competent authority for a permit for this incident-relevant construction and operation or incident-relevant modification.
Approval is granted if it is ensured that the construction and operation or modification of the installation not requiring approval that is relevant to the incident
- does not cause any harmful effects on the environment that are avoidable according to the state of the art,
- harmful effects on the environment that are unavoidable according to the state of the art are kept to a minimum, and
- the waste generated during operation of the plant is disposed of properly.
- Furthermore, other public law regulations and occupational health and safety concerns must not conflict with the project.
- Required drawings, plans, expert opinions
- explanations and
- further documents may need to be requested from the competent authority.
Before the system is commissioned or before the project is implemented.
- Objection
- Complaint
Responsibility lies with the immission control authorities of the districts and independent cities or with the State Administration Office. For matters subject to mining supervision, please contact the State Office for Geology and Mining (LAGB). You can obtain detailed information from the relevant authorities.
- If, when examining your application for an incident-relevant construction and operation or incident-relevant modification, the authority comes to the decision that your project requires a permit, you will be informed of this in writing.
- You must then submit an application for approval. This can be done in writing or electronically. The application must be accompanied by the documents required for examination.
- Alternatively, you can submit an application for accident-relevant construction and operation or accident-relevant modification without prior notification. This is particularly recommended in cases where you already know from other information that your project requires approval.
- If the application is complete, it will be made public together with the documents and published for a period of one month. Within this one-month period, persons or associations whose interests are affected by the project can submit their objections to the competent authority.
- As part of the permit review, the competent authority also obtains comments from authorities whose areas of responsibility are affected by the project.
- As soon as the competent authority has received objections and comments in due time, it assesses whether the project meets all requirements.
Approval is not required if the requirement to maintain the appropriate safety distance is already ensured by binding specifications as part of the spatially significant planning or measure.
Saxon State Ministry for Energy, Climate Protection, Environment and Agriculture (SMEKUL)
23.01.2023
The text was automatically translated based on the German content.
