Service Finder
Apply for immission control approval for the construction and operation of facilities
Service Description
If you wish to erect and operate a plant which, due to its nature or operation, is particularly likely to cause harmful effects on the environment or otherwise endanger, significantly disadvantage or significantly disturb the general public or the neighborhood, you require a permit from the competent authority. This also includes stationary waste disposal facilities for the storage or treatment of waste.
Process flow
The approval procedure requires a written or electronic application to which the drawings, explanations and other documents necessary for checking the approval requirements must be attached. If the application is complete, it must be published together with the documents, if applicable, and then made available for public inspection for one month. In simplified approval procedures or if public participation is waived, there is no public display and no public hearing. At the latest at the same time as the public announcement of the project, the approval authority simultaneously requests the authorities to be involved to submit their comments on the approval requirements within one month. If there are objections, these will be discussed with you and those who raised the objections at a public meeting. Once the licensing authority has determined all the circumstances that are relevant to the granting of a permit, a decision shall be made on the application. The notice of approval shall be in writing stating the reasons for the decision and shall be served on you and the persons who have raised objections. The delivery of the notice of approval to objectors may be replaced by public announcement.
Competent authority
The responsible authorities are the immission control licensing authorities of the state of Thuringia in the form of the Thuringian State Office for the Environment, Mining and Nature Conservation (TLUBN) and the lower immission control authorities of the districts and independent cities.
Which documents are required?
The procedure for the construction and operation of plants requiring a permit, for a significant change in the location, condition or operation and for an incident-relevant change to a plant requiring a permit in accordance with the Federal Immission Control Act and the scope of the application documents required for this are described in the Ninth Ordinance on the Implementation of the Federal Immission Control Act (Ordinance on the Approval Procedure - 9th BImSchV).
Arrange an appointment for a consultation with the responsible licensing authority as early as possible. In this meeting, you should agree with the approval authority whether and when an application conference will be held and the required scope of the application documents.
What are the fees?
As a rule, the decision on costs is based on the Thuringian Administrative Costs Act (ThürVwKostG) in conjunction with Part A, Section 4 of the Administrative Costs List as an annex to the ThürVwKostOMUEN and depends on the planned investment costs.
What deadlines do I have to pay attention to?
The operator must obtain approval from the competent authority before erecting and operating the plant.
Processing duration
A decision on the permit application shall be taken within a period of seven months after receipt of the application and the complete documents to be submitted, in simplified procedures within a period of three months.
Applications / forms
Depending on the competence of the lower immission control authorities in the districts and independent cities or the higher immission control authority (the Thuringian State Office for the Environment, Mining and Nature Conservation - TLUBN), the legal remedy against their administrative acts is an objection or a complaint.
Appeal
For the notification or application of projects, the legislator allows the specification of forms to be used. In Thuringia, the ELiA software must be used to create the forms and other documents from July 1, 2022.
ELiA is an electronic solution for applying for permits for the construction or modification as well as the operation of facilities in accordance with the Federal Immission Control Act. The program allows applicants to create the very extensive application documents electronically on a structured interface and is supported by help, presets, key tables and plausibility checks.
The ELiA program can be downloaded and used free of charge on the TLUBN homepage. Special technical requirements for the operation of ELiA are not necessary.
After installation, the program updates itself, provided there is an Internet connection. Use is also possible offline.
Before filling out the permit application, please coordinate with the licensing authority responsible for you.
Supporting institutions
Arrange an appointment for a consultation with the responsible approval authority as early as possible. At this meeting, you should agree with the approval authority whether and when an application conference will be held and the required scope of the application documents.
Author
The text was automatically translated based on the German content.
Technically approved by
Thuringian State Office for the Environment, Mining and Nature Conservation
Professionally released on
20.10.2022
Source: Zuständigkeitsfinder Thüringen (Linie6PLus)
Competent Authority
Thüringer Landesamt Umwelt, Bergbau und Naturschutz (TLUBN) - Referat 61 - Immissionsschutz
Address
99423 Weimar
Postal address
07745 Jena
