Environmental inspections according to the Industrial Emissions Directive (WMS Service)

Directive 2010/75/EU on industrial emissions (integrated pollution prevention and control) of 24.11.2010 entered into force on 06.01.2011 and replaces the previous Directive 2008/1/EC and five other directives. It was transposed into German law on 2 May 2013 and at the same time adaptations to the Federal Immission Protection Act, the Circular Economy Act and the Water Budget Act, as well as their sub-legislative regulations. As particularly relevant to the environment within the meaning of the European Directive on Industrial Emissions, which in Germany is governed by, inter alia, Annex 1 of the 4th Ordinance on the Implementation of the Federal Immission Protection Act (4. BImSchV) is implemented, those installations that are marked there with an “E” apply. Environmental monitoring involves on-site inspection by the competent authority, for installations under mountain control it is the State Office for Mining, Energy and Geology. The content of the on-site inspection is based on the monitoring plan1 in accordance with Article 23 of Directive 2010/75/EU of the European Parliament and of the Council and § 52a BImSchG. The monitoring plan shall include the following points: • The spatial scope of the plan, • A general assessment of the main environmental problems in the scope of the plan, • A list of installations falling within the scope of the plan, • Procedures for the establishment of regular monitoring programmes; • Special occasion monitoring procedures; and • Where necessary, provisions for cooperation between different supervisory authorities. The inspection interval shall be based on a systematic assessment of the environmental risks associated with the installation and the distance between two on-site visits shall not exceed one year for installations falling below the highest risk level and three years for installations falling below the lowest risk level. The assessment shall take into account the potential and actual impact of the installation on human health and the environment, as well as the sensitivity of the local environment, the risk of accidents arising from the installation and compliance with the permit requirements. Within four months of the environmental inspection, the conclusion sheet must be actively made available to the public. If serious deficiencies are detected, operators will have six months to rectify them and a renewed on-the-spot visit by the supervisory authority is carried out. Landfills within the meaning of Directive 2011/97/EU of 05.12.2011 (OJ 2011 L 328, p. 49) (Landfill Directive) are also covered by their regulatory area in accordance with point 5.4 of Annex I to the IE Directive. The monitoring plan2 for landfills referred to in Article 23(4) of Directive 2010/75/EU of the European Parliament and of the Council and § 47(7) KrWG and § 22a DepV contains requirements to be applied for the authorisation and monitoring of landfills. The landfill monitoring plan shall include: • The spatial and temporal scope of the plan, • The content scope of the plan • An assessment of the environmental situation within the scope of the plan, • A list of landfills falling within the scope of the plan, • Criteria for determining the monitoring intervals for the control of landfills, • Special occasion monitoring procedures; and • The implementation of the preliminary @-@ place @-@ visit to landfill sites in accordance with IE @-@ policy. The inspection interval is based on a systematic assessment of the environmental risks associated with the landfill. The distance between two on-site inspections shall not exceed one year for Class III landfills, two years for Class II landfills, and three years for Class I landfills, both in the deposition phase and in the decommissioning phase. By way of derogation, all publicly accessible landfills of Classes I and II shall be monitored at least once a year. Within four months of the environmental inspection, the conclusion sheet must be actively made available to the public. If serious deficiencies are detected, operators will have six months to rectify them and a renewed on-the-spot visit by the supervisory authority is carried out.