Section 4.1.12.
Risk management


Article 4.1.12.1.

§ 1.

The operator shall provide for the necessary measures to ensure that events and their consequences for man and the environment are prevented or minimised.

 

This involves, among other things, the operator doing the following:

providing for the necessary measures to prevent accidentally diffused substances or contaminated fire-extinguishing water from draining directly into the groundwater, a public sewer, watercourse or any other place where surface waters collect;

providing for the necessary fire prevention measures;

providing for the necessary detection, emergency and intervention measures.

 

The operator shall determine the organisation of the fire-fighting, the fire-fighting equipment and the capacity for collecting contaminated fire-extinguishing water in accordance with a code of good practice, and in so doing shall consult the competent fire service.

 

The fire-fighting equipment must be in good condition, protected against frost, effectively signalled, easily accessible and judiciously distributed and must be able to function immediately.

 

§ 2.

The operator may at any time demonstrate to the supervisory bodies that he/she has provided for the necessary measures.


Article 4.1.12.2.

§ 1.

In case of an incident or the imminent threat of an incident, the operator shall immediately take the necessary measures to control and manage the incident, thereby minimising the consequences for man and the environment and to prevent further possible incidents.

 

§ 2.

In the case of an establishment covered by the scope of Directive 2010/75/EU of the European Parliament and the Council of 24 November 2010 on industrial emissions, the operator shall immediately, and in any case as quickly as possible and by the most appropriate means, report the incident and the measures taken and planned to the Division competent for environmental enforcement.

 

§ 3.

In the event of an incident, the operator shall immediately warn third parties who could suffer consequences of the emission, indicating the measures they can take to avert or limit the danger.

 

Subparagraph 1 does not apply if the regulations established by the Federal Government in connection with civil protection apply.

 

If, as a result of the incident, the operation of a waste water treatment installation may be adversely affected, the operator shall also immediately warn the manager of the installation in question.


Article 4.1.12.3.

Without prejudice to Article 4.1.12.2, §2, in the case of an incident, the operator shall provide the Division, competent for environmental enforcement, with the following information as quickly as possible:

general information about the operator;

the time, nature, circumstances and causes of the incident;

the products involved;

available information that could be used to assess the consequences of the incident for man and the environment;

the measures taken to manage and control the incident.

 

For this, the operator shall use the form stated in Appendix 4.1.12, or another information carrier containing the same information.

 

If further investigation produces new data that change the information provided or the conclusions drawn therefrom, the operator shall update this information and send it to the Division competent for environmental enforcement.


Article 4.1.12.4.

After an incident, and depending on the consequences that might occur either immediately or after a period of time and in accordance with the applicable regulations, the operator shall take the necessary measures to clean and restore the environment.

 

The operator shall inform the Division competent for environmental enforcement of the planned measures and notify it of their implementation.


Article 4.1.12.5.

After an incident, the operator shall take the necessary measures to prevent a repeat of the incident.

 

The operator shall inform the Division competent for environmental enforcement of the planned measures and notify it of their implementation.