Exchange of Experience with Representatives of the Visiting Forces and the German Construction Authority Herford, 22 to 23 October 2009
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1 Exchange of Experience with Representatives of the Visiting Forces and the German Construction Authority Herford, 22 to 23 October 2009 Immission Control in Construction Projects from the Aspect of Public Law Supervision in Technical Environmental Protection in the Bundeswehr and the Visiting Forces Presentation held by: Oberstleutnant Dipl.-Ing. Berndt DIETL Desk Officer for Occupational Safety & Health and Technical Environmental Protection FMOD Branch WV IV 5 Public Law Supervision in the Context of Occupational Safety & Health and Technical Environmental Protection in the Bundeswehr and the Visiting Forces
2 Agenda Agenda 1. Federal Immission Control Act (BImSchG) / Fundamentals 2. Public Law Supervision in Technical Environmental Protection 3. Cooperation
3 1. BImSchG / Fundamentals 1. Federal Immission Control Act (BImSchG) / Fundamentals
4 1. BImSchG / Fundamentals BImSchG / Origins > Immission control in the Federal Republic of Germany since the early 1960s, initially as a result of efforts made by individual Laender on account of the fact that the Federal Government lacked legislative competence > Promulgation of the BImSchG in 1974 following amendment to the Basic Law > Since then more than 30 amendments/supplements The BImSchG has existed for more than 35 years!
5 1. BImSchG / Fundamentals BImSchG / Basic Principles > Polluter-pays principle: Immission control measures must be taken with regard to the polluter, not with regard to the party concerned Possible consequences: > Operational restrictions (e.g. firing times at a major training area) > Increased costs, e.g. due to later alterations)
6 1. BImSchG / Fundamentals BImSchG / Basic Principles > Precautionary principle: The development of harmful effects on the environment caused by immissions must be prevented. Installations subject to licensing shall be constructed and operated in such a way that precautions are taken to prevent any harmful effects on the environment or any other hazards, significant disadvantages or significant nuisances. (Section 5 subsection 1 sentence 1 number 2)
7 1. BImSchG / Fundamentals BImSchG / Basic Principles > Enforcement of immission control requirements, inter alia by: >> Official supervision >> Operator s liability to notify >> Prosecution of statutory offences: administrative offences (BImSchG) criminal offences (German Penal Code)
8 1. BImSchG / Fundamentals BImSchG / Basic Concepts > Emissions: Any air pollution, noise, light, heat, radiation and similar phenomena originating from an installation. (Section 3 subsection 3 of BImSchG) > Immissions: Effects caused by emissions on human beings, animals, plants or objects requiring protection.
9 1. BImSchG / Fundamentals BImSchG / Basic Concepts > Harmful effects on the environment: Immissions are considered to be harmful effects on the environment if they are likely, because of their nature, extent or duration, to cause hazards, significant disadvantages or significant nuisances to the general public or the neighbourhood.
10 1. BImSchG / Fundamentals BImSchG / Basic Concepts > Nuisances and disadvantages are already significant if they impair public welfare or if they are deemed to be unreasonable to the neighbourhood.
11 1. BImSchG / Fundamentals BImSchG / Basic Concepts > Unreasonableness In case of firing noise emitted by weapons with a calibre of less than 20 mm, unreasonableness is defined by the legislator in the Technical Instructions on Noise Abatement (TA Lärm) In case of firing noise emitted by weapons with a calibre higher than 20 mm, unreasonableness is defined by the Bundeswehr in the Bundeswehr Noise Management Guideline
12 Noise Unreasonable to Neighbourhood / Example MTA Grafenwöhr Range 213 Headlines from press reports: It is as though there is a war on your doorstep Nitzlbuch carries on fighting Why do German authorities permit exemptions Calls for relocation of firing range Seriousness of subject has at least been recognised
13 Noise Unreasonable to Neighbourhood / Example MTA Grafenwöhr Range 213 Headlines from press reports: No peace on Nitzlbuch noise front Firing noise: head of citizens forum blew his top Contacts unavailable most of the time Second-class citizens? Measuring station is not an issue
14 Noise Unreasonable to Neighbourhood / Example: MTA Grafenwöhr Range 213 Headlines from press reports: A subject for a special party conference Berlin passes on the buck Ambassador informed A lot of hot air, nothing comes out of it Firing noise now at last being measured no Americans at round table Ban imposed on night firing
15 2. Public Law Supervision in Technical Environmental Protection 2. Public Law Supervision in Technical Environmental Protection
16 2. Public Law Supervision in Technical Environmental Protection In the area of the Bundeswehr and the visiting forces, implementation and monitoring have been delegated to the Federal Minister of Defence or the agencies designated by him (14th Federal Immission Control Ordinance (14. BImSchV)): > At Military District Administrative Offices (WBV): Sections II 7 (new: WR 7 and ASt 2) > At FMoD: Branch WV IV 5
17 Responsible at the Federal Ministry of Defence: Branch WV IV 5 Public Law Supervision for Occupational Safety & Health and Technical Environmental Protection in the Bundeswehr and the Visiting Forces Federal Ministry of Defence Branch WV IV 5 Fontainengraben Bonn Branch Chief: LtdBDir Klein Tel: (0228) Desk Officer: OTL Dietl Tel: (0228)
18 Supervisory authorities responsible at regional level for Public Law Supervision for Occupational Safety & Health and Technical Environmental Protection in the Bundeswehr and the Visiting Forces : Military District Administrative Office North Section WR 7 Hans-Böckler-Allee Hannover Tel: (0511) Military District Administrative Office North, Kiel Branch Section ASt 2 Feldstr Kiel Tel: (0431) Military District Administrative Office East Section WR 7 Feldstr Kiel Tel: (0431) Military District Administrative Office South Section WR 7 Heilbronner Str Stuttgart Tel: (0711) Military District Administrative Office West Section WR 7 Wilhelm-Raabe-Str Düsseldorf Tel: (0211) Military District Administrative Office South, Munich Branch Section ASt 2 Dachauer Str München Tel: (089) Military District Administrative Office West, Wiesbaden Branch Section ASt 2 Moltkering Wiesbaden Tel: (0611)
19 2. Public Law Supervision in Technical Environmental Protection Public law supervision is neither technical supervision nor administrative supervision! It comprises only those tasks and powers assigned to it or conferred on it by law or ordinance. In this context, it is not bound by instructions!! In addition: Public law supervision includes advisory functions.
20 2. Public Law Supervision in Technical Environmental Protection Public law supervision requirements to be met by operators under immission control legislation: Operation of installations, e.g. major training areas or garrison ranges, in compliance with legal regulations
21 3. Cooperation 3. Cooperation
22 3. Cooperation The Central question is: Are (noise) immissions to be expected when the completed project is put into operation? If so: Public law supervision bodies of the Bundeswehr responsible at regional level, should be involved at an early stage, ideally already during the development of construction projects or, at the latest, during the staffing of construction documents.
23 3. Cooperation Services offered by public law supervision bodies of the Bundeswehr > Advice for decision-makers, provided by qualified specialists, > if necessary, including the use of Bundeswehr tools: >> Bw Noise Management Guideline (in case of firing noise emitted by weapons with a calibre higher than 20 mm) >> Software WinLarm >> Software Propper
24 3. Cooperation Objective To achieve operation of an installation in compliance with legal regulations > Avoiding well-founded complaints > Avoiding operational restrictions > Avoiding corrective action > Avoiding discussions at political level > Cost savings
25 Exchange of Experience with Representatives of the Visiting Forces and the German Construction Authority Herford, 22 to 23 October 2009 Thank you very much for your attention!
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