Monitoring of Commercial Facilities (BImSchG)

Regular Inspections and Revisions

A variety of legal regulations and ordinances must be observed for the proper operation of commercial facilities. The main regulation is the Federal Immission Control Act (BImSchG).

Under this law, facilities, regardless of the need for approval, are defined as

• Premises and other stationary facilities,

• Machines, devices, and other mobile technical equipment as well as vehicles, provided they are not subject to separate regulations and

• Properties where substances are stored or deposited or where works causing emissions are carried out, excluding public roads.

The responsible authorities are tasked with monitoring the implementation of the relevant laws and regulations and regularly reviewing and, if necessary, adapting the immission control permits.

Inspections are carried out in any case when

• There are indications that the emission limits specified in the permits for neighborhood protection are insufficient,

• Significant changes in the state of the art enable substantial emission reductions,

• An improvement in operational safety is required,

• New environmental regulations necessitate it.

To fulfill these tasks, the responsible authorities are authorized, among other things, to enter properties, conduct inspections and sampling, and request information and documents. Furthermore, in cases of suspected harmful environmental impacts by a commercial facility, the authority may order the operator to determine the emissions originating from the facility as well as the immissions in the facility's area of influence.