Qualified person for pollution control
For which organisations immission control officers are to be appointed, the Ordinance on Immission Control and Hazardous Incidents (BImSchV, IED) stipulates that an immission control officer is acc. § 55 BImSchG, to be ordered in writing and the tasks to be defined must be precisely defined. An order must be notified to the competent authority (§ 55 Abs.1 BImSchG).
Due to an official order, operators of facilities not subject to licensing (§ 53 BImSchG) may also be obliged to appoint an immission control officer.
An immission control officer must have the necessary expertise and reliability to fulfill the defined tasks (§ 55 BImSchG in conjunction with §§ 7,8 of the 5th BImSchV). It requires a degree in physics, chemistry or engineering and at least two years of relevant knowledge. In some cases, other qualification requirements are possible. Representatives have to take part in recognized continuing education measures at least every two years (§ 9 Abs. 5. BImSchV)
Duties according to § 54 BImSchG
- Consultig the accountable Management and the employees in matters relevant to immission control
- Supporting the development and introduction of environmentally friendly products or processes in the field of production, waste prevention and heat utilization as well as their assessment
- Monitoring compliance with legal requirements, conditions and conditions
- Monitoring of the operation and its facilities
- Notification of suggestions for removal of defects
- Informing employees of harmful environmental effects emanating from the installation
- Preparation of an annual report on the measures taken and intended
There is currently no explicit provision in the BImSchG. There is a line position, e.g. recommended as company manager. An external order, as pollution control officer in a staff position in direct allocation of the management, is gem. § 5 (1) sentence 1 of the 5th BImSchV with the consent of the competent authority.
QHSE Compliance Division Europe