Applying for a permit under hazardous incident law for the construction and operation or modification of an installation that does not require a permit
If you are planning an accident-relevant construction and operation or an accident-relevant change to an installation that does not require a permit and is an operating area or part of an operating area, you may require a permit.
Description
Do you want to construct, operate or modify a facility that does not require a permit and is part of the operating area or is part of an operating area?
Then you need a permit if it is an accident-relevant change and the appropriate safety distance is not maintained for the first time, is further reduced or a significant increase in risk is triggered, Did the competent authority determine during the review of your previous notification of an accident-relevant construction or change that your project has the above-mentioned effects? Then you also require a permit.
Competent office
The environmental department of the regional council responsible for the plant location is responsible.
Contact person
Please enter a location or postcode in the City / Location input field to see the responsible contact person
Required documents
The forms and instructions are available to download online.
Prerequisites
- The installation must not have any harmful effects on the environment that are technically avoidable.
- Unavoidable harmful environmental impacts of the installation must be kept to a minimum in accordance with the state of the art.
- The waste generated during operation of the plant must be disposed of properly.
- Other regulations under public law and occupational health and safety concerns must not conflict with the project.
Basis for legal action
Legal remedy
Action before the administrative court or administrative court of justice
Procedure
- The approval procedure requires a written or electronic application, which must be accompanied by the drawings, explanations and other documents required to check the approval requirements.
- If the application is complete, it must be made public together with the documents and then displayed for one month. At the latest at the same time as the public announcement of the project, the approval authority shall simultaneously request the authorities to be involved to submit their comments on the approval requirements within one month.
- Once the licensing authority has determined all the circumstances that are relevant to the granting of a license, a decision shall be made on the application. The approval notice must be justified in writing and will be sent to you and the persons who have raised objections. The notification of the approval notice to objectors can be replaced by a public announcement.
Deadlines
The notification must be received before the system is installed, operated or modified.
Processing time
6 to 7 months (The competent authority must decide on a modification within six months and on the construction and operation within seven months.)
Costs
Further costs may be incurred: Fee from 2.500,00 EUR to 1.800.000,00 EUR
Notes (specifics)
Approval is not required if you have already ensured the appropriate safety distance in the spatially significant planning or measure by means of binding specifications.
Further Information
Area of validity
Hesse
Official approval
Officially approved by Hessian Ministry of Agriculture and Environment, Viticulture, Forestry, Hunting and Homeland on 02.01.2024
Keywords
Bestandteil eines Betriebsbereiches, Anlage ändern, Genehmigung, Betriebsbereich, Störfallrechtliches Genehmigungsverfahren, Immissionsschutz, Nicht genehmigungsbedürftige Anlage