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Procedure descriptions

Immission control - Person for the performance of operator duties for installations subject to authorisation under immission control law in the case of corporations or partnerships

If you are a corporation or partnership with several authorised representatives or shareholders and operate an installation that requires a permit, you must name a person to the competent authority who is responsible for operator duties.
The respective operator obligations depend on the specific type of installation. They can be found in the Federal Immission Control Act and the respective Federal Immission Control Ordinances.
The overall responsibility of all board members or shareholders for the installation remains unaffected by the appointment of the person responsible for operator duties.

Responsible authority

The responsibilities in the area of immission control are regulated in the Immission Control Competence Ordinance of the state of Baden-Württemberg.

In most cases, the competent authority for installations requiring immission control authorisation is the local lower immission control authority:

  • the district office, if the premises with the plant are located in a district,
  • the municipal administration, if the premises with the installation are located in an urban district.

A different responsibility applies in the following cases (among others, for companies that are subject to the European Industrial Emissions Directive, the Hazardous Incident Ordinance or mining law):

Departments 5 - Environment of the respective locally responsible regional councils are the competent immission control authorities for company premises on which:

  • at least one installation that is labelled with the letter E in column d of Annex 1 of the Ordinance on Installations Requiring a Permit,
  • at least one operating area in accordance with Section 3 (5a) of the Federal Immission Control Act (hazardous incident operation),
  • at least one installation that requires a licence pursuant to Section 60 (3) sentence 1 number 2 or number 3 of the Federal Water Act, or
  • at least one landfill in accordance with Article 10 in conjunction with Annex I of Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control), as amended

exists or is to be established.

Department 9 - State Office for Geology, Raw Materials and Mining of the Freiburg Regional Council is also the state-wide competent immission control authority for:

  • Operational sites including the facilities and activities located thereon that are subject to mining supervision,
  • Operating sites with cable cars and funicular railways used for passenger transport,
  • Operating sites with high-pressure gas pipelines which, as energy installations within the meaning of the Energy Industry Act, serve to supply gas and which are designed for a maximum permissible operating pressure of more than 16 bar,
  • Underground waste disposal facilities and
  • Operating sites with facilities used for the construction, significant expansion and significant modification of underground cavities.

Please ensure that you submit your notification to the immission control authority responsible for your facility.

Details

Prerequisite

  • You must be a corporation or partnership with several authorised representatives or shareholders.
  • You must operate an installation that requires authorisation.

Procedure

  • You notify the authority responsible for you which person will assume the operator obligations for the installation requiring authorisation operated by your partnership or corporation.
  • The competent authority checks your notification.
  • If there are any queries, the competent authority will contact you.

Deadlines

Immediately upon change of the person authorised to represent the company.

Required documents

Completed notification with details of the person who performs the operator duties for the investment of the corporation or partnership with several authorised representatives or partners.

Costs

none

Processing time

There is no statutory processing time.

Miscellaneous

None

Legal basis

Gesetz zum Schutz vor schädlichen Umwelteinwirkungen durch Luftverunreinigungen, Geräusche, Erschütterungen und ähnliche Vorgange (Bundes-Immissionsschutzgesetz - BImSchG):

  • § 52b Absatz 1 Mitteilungspflichten zur Betriebsorganisation

Release note

Machine generated, based on the German release by: Umweltministerium Baden-Württemberg, 15.05.2026

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