Permits and regulations in industrial dismantling

The BImSchG is the central piece of legislation governing the construction, operation and decommissioning of industrial plants. Anyone decommissioning a plant that requires a permit must notify the competent authority in accordance with § 15 BImSchG. The authority then examines whether aftercare obligations apply — in particular the obligation to restore the operating site to a proper condition.

• § 15 BImSchG: notification of decommissioning at least one month before operations cease
• § 5 (3) BImSchG: aftercare obligations (prevention of hazards, restoration)
• § 17 BImSchG: subsequent orders by the authority are possible
• 4th BImSchV: the schedule of plants requiring a permit — it determines the scope of the obligations

Industrial buildings — particularly those constructed before 1995 — frequently contain hazardous substances such as asbestos, man-made mineral fibres (MMMF), polycyclic aromatic hydrocarbons (PAH) or polychlorinated biphenyls (PCB). The GefStoffV governs the handling of these substances and obliges the client to have a qualified hazardous-substance investigation carried out before any dismantling.

• TRGS 519: Asbestos — demolition, remediation and maintenance work (ASI work)
• TRGS 521: demolition, remediation and maintenance work involving old mineral wool
• TRGS 524: protective measures for activities in contaminated areas
• TRGS 559: mineral dust — relevant to demolition work
• Proof of expertise under TRGS 519 no. 2.7 for companies and the persons responsible

The KrWG defines the waste hierarchy, which must also be observed without exception in industrial dismantling: prevention before preparation for re-use before recycling before other recovery before disposal. For dismantling this means that materials must be collected separately, classified and recovered to the highest possible standard.

• § 6 KrWG: waste hierarchy — five stages, mandatory
• § 50 KrWG: verification obligation for hazardous waste (consignment notes)
• § 49 KrWG: register and verification obligation for waste producers
• AVV (German Waste Catalogue Ordinance): classification by waste code numbers
• EBV (Substitute Building Materials Ordinance): recovery of mineral waste as substitute building materials

The demolition permit is granted under the building regulations of the individual Länder and is generally required for commercial and industrial buildings. The application comprises the demolition plan, structural calculations for the dismantling sequence, details of the disposal arrangements and — for buildings above a certain size — evidence that a health and safety coordinator (SiGeKo) has been appointed.

• Demolition application to the competent building supervisory authority
• Proof of structural stability for the dismantling sequence (a structural engineer is required)
• Details of disposal routes and quantities
• SiGeKo under the Construction Site Ordinance for sites with more than one employer
• Involvement of neighbours where demolition takes place at property boundaries

Dismantling sites are among the most accident-prone working environments. The Occupational Safety and Health Act (ArbSchG), the Construction Site Ordinance (BaustellV) and the rules of the employers' liability insurance associations define the minimum requirements. The client is responsible for appointing a SiGeKo, for drawing up the health and safety plan and for giving advance notice to the occupational safety authority.

• Risk assessment before work begins (§ 5 ArbSchG)
• Appointment of a SiGeKo on sites with more than one employer (§ 3 BaustellV)
• Advance notice to the competent authority (§ 2 BaustellV) where the threshold values are exceeded
• Health and safety plan with details of hazardous substances, fall protection and traffic routes
• Mandatory PPE: respiratory protection, hearing protection and protective clothing according to the activity
• Regular instruction of all employees, documented and signed

The documentation obligations for industrial dismantling arise from several areas of law and have to be brought together in a single overall concept. Authorities, clients and subsequent purchasers of the land all need different records — a structured documentation concept saves time and avoids subsequent requests for additional information.

• Hazardous-substance register and remediation documentation with clearance measurements
• Disposal records: consignment notes (eANV), acceptance notes, weighbridge tickets
• Safety-related documentation: risk assessments, records of instruction, health and safety plan
• Dismantling documentation: photographic documentation, daily reports, quantity determination
• Environmental documentation: immission measurements, vibration measurements, dust measurements
• Final documentation: soil description, analysis reports, clearance for use