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       FOR INTERNAL USE ONLY
                Office of International Activities
                Environmental Protection Agency
                January 1977
                230 SOL,.
                Chicago,

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                        PREFACE
     This is a brief report on the organization and management
of environmental activities on the national level in the Federal
Republic of Germany.  Reports on Japan, Luxemburg, Belgium, Great
Britain, the Netherlands, Spain and Australia have already been
distributed.  Similar reports on other countries will be available
soon.  These reports, which are background papers for EPA staff
involved in international activities, are not for distribution
outside the Agency.

     Emphasis is on policy and regulatory functions of national
environmental agencies.  Research and development, often under
the auspices of other departments, for example, science and
technology, are not covered in these reports.

     Source documents for the reports, received under the
International Documents Exchange, are available in the EPA
Headquarters Library.  English summaries of the foreign docu-
ments are published in the monthly bulletin "Summaries of
Foreign Government Environmental Reports."

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                                 TABLE OF CONTENTS




                                                                 Page




  I.   National Organization for Environmental Control              1




 II.   Environmental Laws                                           8




III.   Standards                                                   21




 IV.   Enforcement Procedures                                      36




  V.   Interrelationships Between Government and Industry          47




 VI.   Case History                                                54




      Reference Notes                                             56




      Bibliography                                                60




      Appendix                                                    61
                                         iii

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                 1N.YJRO.NMENTAL   .CONTROL   !_ N




          .1 H H   1 E.  J Jl A L   REP.UB.LI.C   OF   .G f- R M A _N X






I.      National Organization for Environmental Control




       overall government structure




          The government of the Federal Republic of Germany is organized on a




federal basis.  The constitution [Grundgesetz] divides power between the federal




government [Bund] and the eleven federal Lands [L^lndj~], with the former gener-




ally having both legislative and administrative competence in areas of national




concern such as defense and interstate transportation and the state governments




maintaining control either exclusively or within a general framework set by the




federal government: in matters of more strictly regional or local concern.




          The federal executive function is divided between the Federal Presi-




dent, who as head of state performs chiefly ceremonial functions, and the Federal




Chancellor, an elected member of the Federal Diet  [Bundestag] and usually the




leader of the predominant party i.n that body.  As head of government, the Federal




Chancellor heads the nine-member policy-making federal cabinet.




          The chief legislative body is the popularly elected Federal Diet




[Bundestag].  The Federal Council  [Bundesrat], selected by and composed of mem-




bers of the Land governments, plays a predominantly advisory role,  although its




approval is required for certain types of legislation as well as for those feder-




ally issued regulations and ordinances affecting the interests of the  Lands.




       national environmental control agency




          There is in the Federal  Republic of Germany no federal environmental




ministry, and there are no immediate plans for establishing one.  The responsi-




bilities for environmental matters are divided among various ministries, with




the Federal Ministry of the Interior having  the most important policy-making and




                                         1

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coordinating functions in this area.




          The Environment Divif.ion (AMie^yaing-U)  of the Federal Ministry of the




Interior was established in late 1969, after the  Ministry had taken over from thr>




Federal Ministry of Health responsibilities for water management, air quality




maintenance and noise control and from the Ministry of Kesearch and Technology




responsibility for nuclear reactor safety.  Although its initial concerns were




of a technical nature, it soon turned its attention to environmental policy and




planning, bearing the major responsibility for drafting the federal government's




Environmental Program and preparing much of the country's important environmental




legislation.  The Division is also responsible for working out regulations based




on guidelines produced by such organizations as the Association of German Engineers




(Verein deutscher Ingenieure-VDI).  It has, however, no enforcement functions.




          Having undergone several structural changes since its inception, the




Environment Division presently consists of three  subdivisions.  Subdivision  I




(Environmental Policy Concerns) bar, six sections, responsible for such matters




as:  general environmental policy; planning and legal concerns; environmental




coordination; ecology and environmental hygiene;  economic matters; and interna-




tional cooperation.  The seven sections comprising Subdivision II  (Water Manage-




ment, Waste Management) are variously concerned with:  water management  law; water




management policy, water protection and wastewater technology; water supply  and




technical aspects of groundwater  protection; waste management law; waste management




policy; and matters dealing with  the  Water Security Law.  Subdivision III  (Air




Quality Maintenance and Noise Control) has four sections, dealing with:  air pollu-




tion and noise control law;  general and policy matters of air quality maintenance;




product-related air quality maintenance;  and noise control.  Reactor safety  and




radiation protection, once a  concern  of the Environment  Division,  are now handled




by a separate division of  the Federal Ministry of  the  Interior with  two  subdivision-




and a  total of eleven sections.   [See organizational,  chart, pages  2a and 2b ]




                                          2 

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ENVIRONMENT DIVISION
OF THE FEDERAL MINISTRY OF THE INTERIOR
(Division U)







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^'oLse Abatement






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Environmental Policy
Basic Functions
International Affairs


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       J^ederal ^nvjj: on mental


          The Federal Environmental Agency (Uiiwel.tbundes_amO was established by


law in July 1974 as an independent federal agency within the jurisdictional com-


petence of the Federal Ministry of the Interior.  The Agency, located in Berlin,


is intended to serve as a central coordinating office to ensure more effective


cooperation among existing federal institutions and  Installations involved  in


environmental protection.  Among the functions assigned to  the Agency are:  the


development and coordination of federally funded environmental research; support


and cooperation in testing the environmental impact  of  federal activities;  the


development and direction of an environmental information system; and public


environmental education.  Although the Agency is charged with providing  scientific


support for the Federal Ministry of the  Interior in  the development  of environ-


mental regulations and standards, it has no regulatory  or enforcement powers.


          The Agency's Information System for Environmental Planning (Umwelt-


planungsinformetionssystern:  UMPLiS) is  designed to  collect and disseminate


information needed by environmental planners in both the public and  private


sectors.  Tae system is  conceived less as a data bank than  as  a means of direct-

                                                                                1*
ing users tD existing information sources or organizations  working  in the  area.


As part of IJMPLIS, the Agency has compiled an Environmental Research Catalog


(Umwel tforschungskata] og  1975 :  UFOKAT_ _' 75) , which  lists  and gives  brief descrip-


tions of approximately 3700 environmentally related  researcli projects and will


be updated annually.


          The Agency, originally scheduled to employ 800  persons, has now been

                                                              2
budgeted for 450 employees.   It currently has a  staff of  360.


       Expert Council for__gnv_irornnental  Matter_s


          The Expert Council  for Environmental Matters  (Rat von  Sachverstandigen
 "All  reference notes  will  be  found beginning on page 36.


                                         -3-

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fUr Umweltfragen), established in December 1971,  is  an  advisory  group  responsible




to the Ministry of the Interior.   Consisting of a maximum of  twelve members  repre-




senting various fields of expertise,  the Council  is  charged with assessing the




environmental situation,  indicating undesirable developments, and making sugges-




tions for eliminating them.   The  Council has, in  this  capacity,  produced a major




assessment of environmental problems  and recommendations for  dealing with them




and specialized reports on the impact of the automobile, the  sewage fee, and the




problems of the Rhine River.




       other federal agencies




          Although recent major environmental incentives have come from the Ministry




of the Interior, other federal ministries have competencies in important spheres




of environmental protection.  The Ministry of Transport is active in matters involv-




ing air and noise pollution from automobiles and also  has the ultimate responsibility




for the maintenance, planning, construction and extension of  federal waterways.




Under this Ministry, for example, is the German Hydrographic  Institute, located




in Hamburg, which is not only responsible for the detection,  measurement and moni-




toring of pollutants in the marine environment, but  also grants; permission for the




dumping of waste in the open sea.  The Ministry for  Food, Agriculture and Forestry




is involved with problems of possible pollution of water, air and soil by agricul--




ture and forestry as well as in nature conservation  and landscape management.  Re-




sponsible to this Ministry is the Federal Center for Biological Research in Agricul-




ture and Forestry, whose Institute for Pesticide Research analyzes the impact and




side effects of pesticides on plants, soil and water and whose Laboratory for the




Examination of Chemicals is responsible for the testing of all chemicals used for




plant protection and pest control.  The Ministry for Youth, Family Affairs and




Health has certaiii responsibilities in the areas of  environmental health, control




of toxic substances and radiation protection.  It works, for instance,  through  its




                                        -4-

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research institutions such as the Institute of Water, Soil and Air Hygiene and


its Division of Radiation Hygiene.  The Federal Ministry for Research and Tech-


nology is involved in research and development relating to, for example:  the


effects of pollutants and their degradation in the air, in water, in the soil and


in the sea; measuring techniques; and the development of new processes for the


treatment of water, the purification of wastewater, the disposal and recycling of


wastes and the management of air quality.


          Other federal ministries with some, involvement in environmental matters


include the ministries for:  Foreign Affairs; Finance; Economics; Labor and Social


Affairs; Defense; Regional Planning, Building and Urban Development; and Economic


Cooperation.


          Environmental policies  and draft laws of the various ministries are dis-


cussed and coordinated in the Committee of Ministers  for Environmental Questions


(Kabinettausschuss fllr Umweltfragen),  the so-called Environmental Cabinet (Umwelt-


]cabjLne_tj^) , chaired by the Federal Minister of the Interior and containing represen-


tatives of most of the other federal ministries.  Under the Committee is the Perma-


nent  Hoard of  the Heads of Divisions for Environmental Questions  (StHndigcr


Abteilungsleiterausschuss flir Unweltfragen)  consisting of  the senior officials


working on environmental  questions  from  the  various  federal ministries  and authori-


ties.  They may establish committees or working groups to  investigate and work out


solutions  to specific problems  relating  to the environment.   The  Federal Minister


of the Interior may  also  participate in  the  preparation of legislation  or adminis-

                                                                                 3
trative policies by  other ministries if  environmental interests  may be  involved.


        federal-state  relationships


           Each of  the eleven German  Lands  (Lander) has its own  government,  consist-


ing in most cases  of a  cabinet  headed  by a Minister-President chosen by members  of


the popularly  elected Land  legislature.   Although competency  in  the environmental


                                         5 

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field is somewhat dispersed among the ministries  within the various  Lands,  all

Lands have designated a particular ministry to be responsible  for general environ-

mental policy matters and for coordination of environmental activities.   In Baden-

Wuerttemberg, for example, it is the Ministry of  Food, Agriculture and the Environ-

ment, in North-Rhine Westphalia, the Minister of  Labor, Health and Social Affairs,

and in Bavaria, the Minister of State for Town and Country Development and Environ-

mental Affairs.

          As projected by the federal government, environmental tasks in the Federal

Republic are to be distributed between the federal and Land governments in such a

way that the federal government concentrates on legislation and establishment of

standards and regulations, as well as on supra-regional environmental policy and

support of research and development, while the Land governments, apart from the

task of providing additional legislation or regulations required under federal

framework legislation, assume the following responsibilities:


          1. law enforcement:  recruiting, training and assignment of expert
             and administrative personnel; organization of the administration
             of environmental protection; establishing and outfitting the offices
             as well as the monitoring and measuring institutes;

          2. provision of research facilities as  advisory bodies of the executive
             organs;

          3. inclusion of environmental protection in the political plans
             and decisions on federal Land level, regional arid local level
             (including structural and economic planning);

          4. issue of environmental protection standards under the federal
             law for special problems in individual parts of the area of the
             federation (smog alarm plans; protective measures for regions
             requiring special protection; cultural treasures, health resorts,
             etc.).4

Although the role of the  federal government is limited in the areas of water manage-

ment and land use,  this distribution of functions already largely holds  true  for

the areas of air pollution control, noise  control, waste  disposal management,  radiati


                                        -6-

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protection and pesticides control.


          There are several instances of Federal-Land cooperation in environmental


matters.   The Federal Ministry of the Interior cites cooperation in numerous


federal-Land panels of environmental experts.   For the consideration of environ-


mental policy matters, for example, there exists a standing committee composed of


departmental representatives of various Land and federal ministries.   There have,


furthermore, been several conferences of the Land and federal ministers responsible


for environmental affairs.  At such a conference in April 1974, the ministers agreed


upon a plan for issuing a Catalog of Environmental Fines, which would set a federally


uniform system of fines for violations of environmental regulations.


          There are also instances of cooperation between the various Land govern-


ments in environmental affairs.  For example, the Joint Working Panel of the Lands


on Water  (LAWA) serves as a permanent forum for the exchange of knowledge among


the highest Land water authorities and for the formulation of joint solutions in

                 7
water management.
                                        -7

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II.     Environmental Laws




       overall legislative system




          German law, like French law and in contrast to British law, is code




law rather than case law.  Thus statutory laws are designed in such a way as to




provide a comprehensive source for court findings.




          The power to make laws lies with the Lands, providing that power is




not reserved in the Constitution [Grundgesetz] to the federal government.  The




same situation holds for the implementation of laws.




          Federal legislative power is of three sorts.  In certain areas such




as defense, currency regulation, and the postal service, the federal government




has exclusive legislative power.  In areas in which concurrent legislative power




exists, the Lands have legislative power only to  the extent, to which it is not




utilized by the federal  government; this includes the areas of air purity main-




tenance, noise, control, waste disposal, radiation protection, and pesticides con-




trol.  In other areas, including water management,  federal legislative power is




limited to the passing of laws designed to serve  as a framework for  land legisla-




tion.




          Since the establishment of the Federal  Republic  in 1949, most  federal




draft  laws have originated in the departmental ministries  of the federal govern-




ment.  Such laws must ba sent to the Federal  Council  for comment.  Laws  may  also




originate in  the Federal Council or in  the Federal  Diet.   All laws are  voted on




by the popularly elected Federal Diet after preparatory work in the  various  spe-




cialty committees of the Diet.   The Interior  Committee, for example, played  an




important role  in giving final  form to  the 1974 Federal Nuisances  Control Law.




Most laws are passed by  a simple majority  after three readings, although constitu-




tional changes, such as  that which has  been sought  to grant the federal government




concurrent legislative power in  the area of water management, demand a  two-thirds




                                        -8-

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 majority.  However, no  law  can  alter  the basic  rights  granted  in  the  Constitution.


           Those  Laws  which  affect  Land  interests,  among  others, environmental  laws,


 require  the  approval  of the Federal Council.  In other cases,  Federal Council

                          8
 approval is  not  required.


       highlights  of  environmental legislation
           The  federal  government  was  granted concurrent  legislative  power  in  the


 area of radiation control by the  Law  of December 23,  1959  to  Amend  the  Constitution


 and in  the areas  of air quality maintenance, noise  abatement  and  waste  removal by


 the April 12,  1972 Thirtieth Law  To Amend the Constitution (Article  74  - Environ-


 mental  Protection).*  Since then  major federal laws have been passed in these areas.


 The federal government maintains  only framework legislative power in the area of


 water management, however, so that many important water  provisions  are  contained


 in Land laws passed in conformance to general provisions of the federal Water


 Management Law of 1957.  For years the federal government  has sought an amendment


 to the  Constitution granting it concurrent legislative power  in the  area of water

                                                                                 9
 management in  order to obtain increased uniformity  in national water legislation.


 However, the Lands have been reluctant to relinquish  their competence in this area.


 The federal government's latest attempts in this direction ended  in compromise with


 the April 26,  1976 Fourth Amendment to the Water Management Law,  which  provides  for


 cooperation between the federal government and the  Lands in regulating  the discharge


 of wastewater and in establishing Land water management  plans.  It  is thus regarded

                                                                  10
 as a step toward further national uniformity in water management.


        wjitej


           The  July 27, 1957 Federal Water Management  Law,  as  amended, contains


 general provisions dealing with ground, surface and coastal waters.   It defines


 water use, specifies conditions under which permission for water use in necessary,
*A11 laws and regulations discussed in this profile are listed in the appendix,
 beginning on page 61.

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provides for the establishment of water protection zones, requires permission from




the competent authorities for the construction and operation of pipelines  to convey




substances harmful to water quality, places conditions on the use and quality main-




tenance of surface, ground and coastal waters and provides for the establishment




of water management plans.  The federal government is empowered to issue statutory




orders, subject to the approval of the Federal Council, specifying the technical




requirements for pipeline installations conveying water-endangering substances.




          The most recent changes in the 1957 law are contained in the April 26,




1976 Fourth Law To Amend the Water Management Law.  It specifies that permits for




the discharge of sewage may only be issued if the quantity and noxiousness of the




sewage is held to a minimum using procedures conforming to "generally recognized




rules of technology."  The federal government, with approval of the Federal Council,




may issue general administrative guidelines describing minimum requirements for




discharged sewage.  Land governments are to establish water management plans for




surface waters in their jurisdictions to protect present and future sources of




water supply and to allow national observance of international obligations.  The




federal government, again with approval of the Federal Council, may issue general




administrative guidelines in regard to the water quality provisions that should




be included in Land water management plans.  The amendment also contains regulations




for the storage and transfer of water-endangering substances and directs certain




installations to employ a company official to oversee water protection measures.




          Land water management  laws fill in the  federal  framework provided by  the




1957 Federal Water Management Law.  The May 22, 1962 Water Law for North Rhine-




Westphalia affords an example of  the existing Land  laws.  It designates those




authorities entitled to own water bodies; regulates the use of waters, water supply




facilities and water purification installations; provides for  the maintenance of




surface waters, dikes and dams;  authorizes compensation  for damages;  and requires




                                       -10-

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the maintenance of waste records.




          Provisions intended to encourage potentially polluting establishments  to




pre-treat their wastewaters are contained in the September 13,  1976 Law Regarding




Fees for the Discharge of Sewage Into Water Bodies (Sewage Fee  Law),  which imposes




a fee on the discharged sewage, effective January 1, 1981.  The fee,  to be collected




and administered by the Lands, is to equal 12 marks per polluting entity the first




year, and is to increase each year until it reaches 40 marks per polluting entity




in 1986.  A polluting entity is defined in the law in terms of  sewage quantity,




percentage of degradable substances present, percent of oxidizable substances pre-




sent and general toxicity.   Proceeds of the fee are to be applied to measures help-




ing to maintain or improve water quality as well as to cover Land administrative




costs in regard to the law.




          Other national laws regulate specific aspects of water pollution.  One




such law is the August 20, 1975 Law on the Environmental Compatibility of Washing




and Cleaning Agents (Washing Agent Law), which allows the marketing of washing and




cleaning agents only if they do not cause any avoidable damage  to water quality,




especially in regard to drinking water supply, and do not adversely affect the




operation of sewage facilities.  it permits the federal government to stipulate the




maximum phosphate content of wash, ing and cleaning agents, to forbid the sale of




such agents if a suitable phosphate substitute exists, and to limit or forbid the




sale of agents with other substances causing similar damages.  For those products




containing phosphate, packaging is to indicate the amount of the agent recommended




for use with each of four classes of water hardness.




          The December 23, 1968 Law on Measures for Guaranteeing Waste Oil Disposal




(Waste Oil Law), another major  federal effort in water pollution control,  is designed




to prevent the discharge of waste oil into waters, either directly or  through efflu-




ents.  The Law provides regulations for the collection and removal of waste  oil and




                                        -11-

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imposes fees on raw products by which the cost of collection and removal  of waste




oil can be met.  Specific provisions about these fees  and the subsidization of




waste oil removal firms are contained in the January 21,  1969 Regulation  for Imple-




menting the Waste Oil Law.  The December 2, 1971 Second Regulation for Implementing




the Waste Oil Law provides for the maintenance of an oil  record book by firms pos-




sessing or assuming possession of at least 500 kg of waste oils per year.




          Several laws are designed to ensure adequate supplies of pure drinking water




and to protect food products originating or processed in water.  Among them are:




          1) the February 6, 1975 Ordinance on Maximum Quantities of Mercury in Fish,




Crustaceans, Shellfish and Mollusks  (Mercury Ordinance, Fish), passed pursuant to the




August 15, 1974 Law on Foodstuffs and Commodities, which forbids the sale of the enu-




merated fish foods if they contain more than one part per million mercury;




          2) the January  31, 1975 Ordinance on Drinking Water and Utility Water in




Foodstuffs Concerns (Drinking Water Ordinance), passed on the basis of the  1961 Fed-




eral Law  on Contagious Diseases, which establishes microbiological and chemical stan-




dards  and guidelines for  drinking water quality as well as  for water serving utili-




tarian purposes in concerns producing, processing or introducing foodstuffs onto  the




market;




          3) the August 24, 19G5 Water Security Law, as amended, which,  with its




implementing ordinances,  is designed  to assure and protect water resources  for  the




general population and for  the  defense effort  in  the event  of  a defense  emergency.




          Finally, the August  15, 1974 Law Regarding Environmental  Statistics




authorizes  the collection of  federal  statistics on pollution and environmental




protection  to  further environmental  planning  efforts.  Statistics  are  required  in




the  areas of public and  commercial water  supply  and sewage  removal,  water supply




and  sewage  removal in  thermal  power  plants which  supply  the  public,  and  sewage




removal in  animal husbandry.   Statistics  are  also to be  kept on accidents during  the




                                         -12-

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storage or transport of water-endangering substances.   In addition, statistics are



required for certain aspects of waste removal and for specified sorts of environmen-



tal investments.  Passed pursuant to this law, the July 10, 1975 Wastewater Harmful-



ness Ordinance defines the process for determining the noxiousness of wastewater and



the form to used in stating sampling results.



          The Federal Republic of Germany is party to numerous international agree-



ments for the protection of water, including:  the May 12, 1954 International Conven-



tion for the Prevention of Pollution of the Sea by Oil, As Amended April 11, 1962; the



October 27, 1960 Agreement on the Protection of Lake Constance from Pollution (signed



by the federal states Baden-Wuerttemberg and Bavaria); the December 12, 1961 Protocol



on the Establishment of an International Commission for the Protection of the Moselle



From Pollution; the April 29, 1963 Agreement on the International Commission for the



Protection of the Rhine From Pollution; the June 9, 1969 Agreement for Cooperation



in Dealing With Pollution of the North Sea by Oil; September 16, 1969 European Agree-



ment on the Restriction of the Use of Certain Detergents in Washing and Cleaning Pro-



ducts; the November 29, 1969 Irttr. rnational Convention Relating to Intervention on the



High Seas in Cases of Oil Pollution Casualties; the November 29, 1969 International



Convention on Civil Liability for Oil Pollution Damage; and the December 18, 1971



International Convention on Civil Liability for Oil Pollution Damage; and the December



18, 1971 International Convention on the Establishment of an International Fund for



Compensation for Oil Pollution Damage.  The Federal Republic has signed, but not yet



ratified, the December 29, 1972 Convention on the Prevention of Marine Pollution by


                                      12
the Dumping of Waste and Other Matter.



       air



          The major law for the reduction of atmospheric pollution is the March 15,



1974 Law on Protection From Harmful Environmental Influences of Pollution, Noise,



Vibrations and Similar Processes  (Federal Nuisances Control Law [Bundesimmissions-



schutzgesetz]).  It is designed to protect human beings, animals, vegetation  and



                                        -13-

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objects from harmful environmental influences and serious damage or nuisance as




well as to prevent the development of detrimental environmental influences.   Pro-




visions of the law apply to the construction and operation of certain facilities,     (




particularly commercial facilities likely to cause large amounts of noise or air




pollution; to the production, marketing and import of certain equipment, fuels and




propellants, and certain substances and products made from them; to the design,




equipment, operation and testing of motor vehicles and trailers as well as rail,




air and watercraft; and to the construction of public roads, trains and streetcars.




          The law requires certain facilities to obtain operating permits and im-




poses obligations on other facilities not requiring special permits.  The Federal




Ministry of the Interior is empowered to issue orders or regulations, subject to




the approval of the Federal Council, in implementation of this law.  The law obli-




gates state authorities to draw up emissions maps for very polluted areas, to




develop clean air plans, and to designate areas requiring special protection from




air or noise pollution.




          Eight legal regulations  (ite^jJ^sjv^J^rdnungen) and several  administrative




regulations (Verwaltungsvorschri flen) have been issued in implementation of the




Federal Nuisances Control Law.  Most of these, including the important  August 28,




1974 Technical  Instructions  for Maintaining Air Purity,  contain standards,  and will




thus be considered in detail under the section on standards below.  Other regula-




tions are considered in the  following paragraphs.




          The February 14, 1975 Fourth Regulation on Facilities Requiring Permits




defines those categories of  facilities requiring official approval  in  conformance




with Sections 8-15 of the Federal  Nuisances Control Law  and also lists  the  types




of facilities for which simplified permit procedures under  Section  19  of  the  Law




suffice.




          The February 14, 1975 Fifth Regulation on  TmmLssions  Control  Officers  lists




                                       -14-

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testing.   These standards conform to those developed by the European Economic




Community (ECE) of the United Nations and adopted by the European Communities.




The June 16, 1975 Ordinance To Amend the Order on Road Traffic adopts more strin-




gent standards for carbon monoxide and hydrocarbon emissions and contains some




new procedures for measuring these emissions.  The ordinance also sets standards




for maximum emissions of polluting substances from diesel engines and describes




the procedures and devices to be used in measuring diesel emissions.




          The Federal Republic is party to the ECE's 1958 Agreement Concerning




Adoption of Uniform  Conditions of Approval for Motor Vehicle Equipment and Parts




and Reciprocal Recognition Thereof, with the Regulations of March 3, 1958 and




the Amendment of  the Agreement of November 10, 1967.




       noise




          Major provisions to prevent noise nuisance are contained  in  the March  lr>,




1974 Federal Nuisances  Control Law.  Until new regulations are  issued, the July  16,




1968 Technical Guidelines  for Protection Against  Noise  are to be used  in  applying




provisions  of  this law.  These guidelines prescribe maximum permissible noise  level?




for seven  types of area ranging  frora exclusively  industrial to  hospital zones.   In




addition,  the  July 28,  1976  Regulation  on Lawn Mower Noise, applying to the  import,




marketing  and  operation of mowers, was  passed pursuant  to  this  law.




           Until  the  adoption of  the  1974  Federal  Nuisances  Control  Law, noise  from




construction sites was  controlled by the  September 9,  1965 Law  for  Protection  ApaLn-.t




Construction Noise.   Administrative  regulations  issued to  implement the  1965 Law




are  to remain  in  force  until replaced  by  new ones.  These  set noise emissions  stan-




dards  for  various types of construction machinery.  Procedures  for  determining and




evaluating the  noise from construction  sites are  contained in  the August 19, 1970




Regulations on Noise Immissions, which establishes permissible  construction noise




levels for various  types of zones (such as  industrial/commercial,  hospital,  etc.),




                                        -16-

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and the December 22, 1970 Regulation on Emission Measuring Methods.




          Numerous laws and regulations seek to limit noise from mobile sources




or to minimize the effect of such noise on surrounding areas.  Significant in the




Federal Republic's efforts to combat noise in the vicinity of airfields is the




March 30, 1971 Law on the Protection Against Aircraft Noises, which provides for




the establishment of noise protection areas for about 50 airports serving com-




mercial airline traffic and for military airports servicing jet aircraft, depending




on the extent of anticipated noise nuisance.  The protected areas are to be divided




into inner and outer zones, with certain types of structure prohibited in one or




the other of the zones.




          Thus far on the basis of this law, federal ordinances have been issued




to establish noise protection areas for the commercial airports of Bremen, Nllrnberg,




Dllsseldorf, Hannover-Langenhagen, Stuttgart, Cologne/Bonn, Hamburg (FuhlsbUttel) ,




and Munich (Rieir.)   Noise protection zones have been set up for the military air-




fields of Leipheim, NHrvenich, GUtersloh, Memmingen, Bremgarten, Erding, Neuburg on




the Danube, SBllingen, ZweibrUcken, Pferdsfeld and Wittmundhafen.  In addition,  the




April 5, 1974 Ordinance on Structural Noise Reduction Requirements, also passed  in




implementation of the 1971 law, makes minimum quality demands on the construction




and structural components of installations built in noise protection zones so that




inside noise level is reduced.




          Laws restricting the noise caused by the aircraft itself include:  the




Air Traffic Regulations in the Version of November 14, 1969;  the Air Navigation  Laws




in the Version of November 1968, and the November 28, 1968 Regulations on Admission




to Air Traffic.




          Provisions limiting noise from motor vehicle traffic  are contained in




the Order on Admission to Road Traffic in the Version of November 15,  1974, as




well as in the December 19, 1952 Road Traffic Law as amended, the November 16, 1970




                                       -17-

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Road Traffic Regulations, and the Instructions for the Measurement of Motor Vehicle.

Noise, New Version of September 13, 1965.

       pesticides

          Basic legislation to lessen the  hazards of pesticides is contained in the

May 10, 1968 Plant Protection Law in the Version of October 2, 1975, which is intendc

to protect plants and stored plant products from pests and diseases and at the same

time to prevent damage to human or animal  health from plant treatment substances.

Plant treatment substances include pesticides and growth regulators.  The lav empowe-r

the Federal Ministry for Food, Agriculture and Forestry to enact ordinances forblddin

or limiting the use of certain plant treatment substances and forbidding or limiting

the import of seeds, plants, earth or other culture substrata treated with regulated

substances.  The law provides that pesticides be licensed by the Federal Biological

Institute  for Agriculture and Forestry, whose tasks also include providing informatio

on pesticides to the federal government and conducting research in  this area.

           The information required on license applications for plant protection pro-

ducts is listed in the March 4, 1969 Ordinance on the Testing and Licensing of Plant

Protection Products.

           The July 23, 1971 Ordinance Concerning Prohibitions and Limitation of Use

for Plant  Protection Products, in  the Version of May  31, 1974, issued in  implementa-

tion of the Plant Protection Law,  lists three classes of substances, the  use of which

is:  a) completely forbidden, b) permitted for specified purposes only, or c) permit-

ted except for purposes  expressly  forbidden.

           Complementing  the Plant  Protection  Law  is the August 7, 1972 Law on Traffic

in DDT  (DDT Law).  It prohibits, with certain specified exceptions, the manufacture,

import, export, commercial handling, acquisition or use of DDT and  DDT preparations.

The Federal Ministry  for Youth,  Health  and Family, in cooperation with the Ministry

for Food,  Agriculture and Forestry,  is  empowered  to set maximum permissible  quantitle

for DDT in meat and cosmetics.
                                         -18-

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          In addition to legislation specifically on the use of plant protection




products, there are laws limiting the permitted residue of these substances on




food products.  For example, the November 30, 1966 Ordinance Concerning Plant Pro-




tection Materials, Pesticides and Stock Protection Materials in or on Foodstuffs




of Vegetable Origin (Pesticide Tolerances Ordinance), as amended December 14,




1972, limits the marketing of products containing residues of pesticides above




tolerance levels established by the law.




          The Federal Republic is party to the December 6, 1951 International Con-




vention for the Protection of Plants and Plant Products and the April 18, 1951 Con-




vention for the Establishment of the European and Mediterranean Plant Protection




Organization, as amended.




       radiation




          Basic radiation protection legislation is encompassed in the December 23,




1959 Law Covering the Peaceful Uses of Nuclear Energy and Protection Against Its




Hazards (Atomic Energy Law), most recently amended in July 1975.  This law is




designed to promote nuclear research and development and the use of nuclear energy




for peaceful purposes; protect life, health and property from the dangers of nuclear




energy and ionizing radiations; prevent danger to the security of the Federal Re-




public arising from the use or release of nuclear energy; and enable the Federal




Republic to meet international obligations in the field of nuclear energy and radia-




tion protection.  Individual sections deal with licensing for such activities as the




import, export, transportation and storage of nuclear fuels and the supervision of




nuclear fuels, radioactive substances and radiation-emitting equipment.




       solid waste




          The June 7, 1972 Law on the Disposal of Wastes states that wastes are to




be disposed of in a manner that does not impair the welfare of the general public;




disadvantageously affect the water, soil or useful plants; contribute to environmental




                                       -19-

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pollution or noise; run counter to the importance of the conservation of nature,




agriculture or urban construction; or disrupt or endanger public safety.   The law




defines waste, cites the obligation ta dispose af wastes, specifies disposal methods




sets provisions for the control and licensing of the collection and transportation




of wastes, and outlines monitoring procedures.




          Three ordinances have been issued in implementation  the law.  The




July 29, 1974 Ordinance on the Recording of Waste (Waste Recording Ordinance) re-




quires the possessor of other than household wastes to keep records as to the natuit-




quantity, origin and disposal of wastes.  In fact, those who produce, collect or




transport wastes and those who operate waste removal facilities are all required




to keep record books and to verify inventory sheets and waybills in a specified




fashion at each stage of the waste disposal process.  The July 29, 1974 Ordinance




on the Collection  and Transport of Wastes (Waste Transport Ordinance) establishes




the procedures and fee. schedules for those seeking a permit to collect or carry




wastes.  Finally,  the July 29, 1974 Ordinance on the Import of Wastes (Waste Im-




port Ordinance) establishes the application procedure and fee schedule for obtain-




ing a permit  to bring wastes into the Federal Republic'.




          The previously mentioned August 15, 1974 Law Regarding Environmental




Statistics also provides for collection of federal statistics on public waste remov-




al and waste  removal in commerce, trade, transportation, and certain institutions




and facilities (such as hospitals and slaughterhouses) ,.




       promulgation




          The texts of federal legislation appear in the country's official  gazette,




the Bundesgesetzblatt.
                                      -20-

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in.
       water
          Apart from a general prohibition against the disposal of solid materials



in water, the Federal Water Management Law contains no standards relating either



to water quality or the nature of effluents.   Section 27 of the law provides,  how-



ever, that with regard to surface water, Land authorities may issue either legal  OL



administrative prescriptions dealing with, among other things, minimum water qi-aliiy



requirements, substances which may not be introduced into water, and minimum stan-



dards for effluents.



          Taken as an example, North Rhine-Westphalia has issued no legal presciip-



tions pursuant to this section of the Water Management Law.  However, general stan-



dards on the composition of wastewater are contained in guidelines issued on May  12,



1966 by the North Rhine-Westphalia Ministry of Food, Agriculture and Forestry for



authorities granting consent  (Erlaubnis) or permission (Bewilligung) for the intro-



duction of effluents into surface waters.  These guidelines state that the maximum



degree of purification attainable by standard purification processes should be ob-



tained.  Other Land governments have classified waters according to desirable water



quality  Levels and have placed varying requirements on effluents discharged into


                           13
different classes of water.    The April 1976 Fourth Amendment to the Water Manage.



ment Law of 1957 authorizes the federal government to issue minimum requirements



for the nature of wastewater  introduced into waters, so that additional national



uniformity should be given to water quality standards.



          Also in the interest of maintaining water quality, Section 26 of the



Water Management Law stipulates that substances stored in  the vicinity of a water



body must be kept in such a manner as to avoid any danger  to water quality.  This



also applies to pipeline installations  for both liquids and gases.  Land  regula-



tions such as the North Rhine-Westphalia April 19, 1968 Ordinance on the  Storage



                                        -21-

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of Wate r~F,ndange ring Substance?; set requirements for installations for the storage




of substances that might impair water qua! ity.





          A 1964 amendment to the Water Management Law made pipeline installations




for conveying water-endangering substances subject to approval procedures, which




are detailed in the 1964 Regulations on the Approval of Pipeline Installation!, foi




the Conveyance of Water-Endangering Substances.  Substances considered wall-[-endan-




gering for purposes of the law, as delineated in a December 19, 1973 ordinance ,





include:  crude oil, gasoline, heating oil, liquid hydrocarbons, acetylene and cihy




lene, organic acids, aldehydes, alcohols, halogenated hydrocarbons, nitrogenous




hydrocarbons, chlorine and ammonia.





          Standards dealing with specific aspects of water quality have been  issued




under legislation other than  the Water Management I,aw.  The January 31, 1975  Drink-




ing Water Ordinance, issued pursuant to the 1961 Federal I,aw on Contagious Disease.-;,





establishes microbiological and chemical standards and guidelines  for the quality




of drinking water and water used in concerns  for producing, processing and marketing




food.  The ordinance sets limits for both Escherichia coli and coliform germs  in




drinking water aid places limits on the following chemicals:  arsenic, lead,  cad-




mium, chromiun, cyanides, fluorides, nitrates,  mercury, selenium,  sulfates,  /inc.




and polycylic aromatic hydrocarbons.




          A standard indirectly related to water quality is contained in  tht  Febiu--




ary 6, 1975 Ordinance on Maximum Quantities of  Mercury in Fish, Crustaceans,  Shell-





fish and Mollusks (Mercury Ordinance, Fish),  passed pursuant to the 1974  Law  on




Foodstuffs and Commodities, which  prohibits the sale of fish, crustaceans, shellfish




mollusks and products of  these seafoods if they contain more than  one part per




million mercury.





          Finally,  a standard for  the degradability of detergents  has been in effect




in the Federal Republic of Germany since  1962.  It  requires  the degradability of





                                       -22-

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an ionic clot frgfjnts  used in washing and  cleaning agents to be at least  80 percent.





Additional standard-,,  to be issued under  the  1975 Lav/ on the Environmental  Compati-




bility of '..'ashing and  Cleaning Agents,  will  set limits on phosphates  and other




substances that  produce disadvantageous effects.




       a i r




       s _t aj _lo n a ry_ source s




           The  single most  important  set of  air po.llution standards  is  contained  in





the August 28,  1974 First  General Administrative Regulation  Pursuant  to the Federal




Nuisances  Control Lav (Technical  Instructions for Maintaining  Air Purity),  which




applies to those facilities requiied to obtain an operating  permit  under the Federal




Nuisances  Control I.a1.:.  Such  facilities are listed  in the February  15, 1974 Fourth




Regulation for "i rpl ervj'i ta t i on of  the Federal  Nuisances Control  Law  (Regulations  on




Facilities Requiring Pernits).




           The  7c_v!.iioal Instructions contain both emission standard;,, which pi.'ice





limits on air  pollutants  originating from a specific  facility,  and  ijnmissinn stan-




dards, '..'hie'-; f::.p"y to the-  pollutants in the air witli  regard  to their effects on




humans, an. i al.--, plants or o'/,er  objects; imtni r,s i on standards  may generally be




equated with v'j^C'it air  qua! ity  standards.




           Fris_s_i_on standards  fall into three subgroup i ngs : clark smoke, chus t  in




w_as_te_ j;?.?__re.-. , and Paj;o_o_ii-;_  _find  vaporous substances.




           The  general  dark sr-'ike  standard slates lli.it the optical density  of slack




plumes is to be better  than no.  2 on the  Rlugolniann Scale1.; however, except ion.1;  to




this  standard  are  ira^e  for certain facilities.   F'or example', a more stringent  stan-




dard  (no.  1  on  the Ringelmann Scale) is placed on incinerators for domestic  refuse.




           General  linits  on du;;t_ emissions in waste gases  are to be calculated in





terms of  dust  mass conoi'iitration and waste gas volume flow  as specified  in a graph





contained in section  2.'i.'i of 1 he 'Jcchnical  Instructions.   Specific standard;;  for




                                         -21-

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dust emissions are set for waste gas from conveying .systems and from pulverizing,


sorting and filling facilities as veil as for dust and soot emissions in waste


gases from oil-fired systems.   Furthermore, specific standards are set for three


classes of particular dust materials in waste gases.  For materials in Class 1,


which includes arsenic, asbestos, beryllium, lead, cadmium, hexavalent chromJum


compounds, soluble fluorine compounds, copperas, nickel, and phosphorus pento:-; ide,


emissions are not to exceed 20 mg/m  at a mass flow of 0.1 kg/li or more.  Class  1 [


includes antimony, soluble barium compounds, boron trifluoride, calcium fluoride,


fluorspar, iodine and its compounds, quartz with particles smaller than 5 urn


(micrometers), soot, strontium and its compounds, tar, cutback pitch, tridymite


with particles smaller than 5 urn, zinc and its compounds, and naphthalene.  Emis-


sions of substances in this class are not to exceed 50 mg/m  at a mass  flow of


1 kg/h or more.  In Class III are those substances, the emissions of which are

                     3
not to exceed 75 nig/m  at a mass flow of 3 kg/h or more.  These include aluminum


carbide, aluminum nitride, ammonium compounds, barium sulfate, bitumen, soluble-


boron compounds, calcium compounds, magnesium hydroxide, magnesium oxide, molyb-


denum and its soluble compounds, phosphates, ferrosiliron, silicon carbide, bis-


muth, and tungsten and its compounds, with  the exception of tungsten  carbide.   If


materials iro~. Classes I and  II occur together,  the mass concentration  in waste

                                     3
gas may not exceed a total of 50 mg/m  , and if materials  from Classes I and  III

                                                                          3
occur together, the mass concentration in waste  gas may not exceed 75 mg/m  .


          Emission standards  for gases and  vapors apply to inorganic  gaseous  chlo-


rine and fluorine compounds as well as to  a large group of organic compounds.   The


standard for inorganic chlorine  compounds  states  that if  gaseous  emissions  of  such


compounds amount to 3 kg/h or more, these  compounds, expressed in  terms of  their

                                            3
chlorine content, are not to  exceed 30 mg/m  in  the waste  gas.  The  standard for


inorganic fluorine compounds  states that if gaseous emission  of such  compounds


                                       -24-

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amount to 150 g/h or more, these compounds expressed in terms of their fluorine
                                O
content are not to exceed 5 mg/mj in the waste gas.

          For the purpose of stating standards for vaporous or gaseous organic com-

pounds in waste gases, such compounds are considered in three broad classes.  For

Class I, which includes acrolein, acrylonitrile, acrylic, acids, ethylacrylate, r.ethyl-

acrylate, formic acid, aniline, phenol, ethylenimine and ethylene oxide, emissions are
                     j
not to exceed 20 mg/m  at a mass flow of 0.1 kg/h or more.  Class II includes any! ace-

tate, acetaldehyde, dibromoethane, o-dichlorobenzene, dimethylformamide, methyl metha-

crylate, naphthalene, tetrahydrofuran, vinyl chloride, and xylene; for these compounds
                                    2
emissions are not to exceed 150 mg/m  at a mass flow of 3 kg/h or more.  Into Class Til

fall compounds such as acetone, ethanol, ethyl chloride, cyc.lohexane, diethyl ether,

dichloromethane, dimethyl sulfoxide, ethyl acetate, methanol, pinene, tetrachloroetliyl-

ene, triethylene glycol, and methyl ethyl ketone, emissions of which are not to exceed
        3
300 mg/m  at a mass flow of 6 kg/h or more.  Where organic compounds in several classes

are present, mass concentration in the waste gas is not to exceed a total of 300 mg/m  .

          Emission standards cited above apply generally to all types of facilities.

Contrasting requirements placed on certain types of facilities are stated in Section 3

of  the Technical Instructions. This section also contains emissions standards for  cer-

tain substances not included in the general standards.  For example, sulfur dioxide
                                                              o
emissions from gas-burning  furnaces are not to exceed 50 mg/m  (referred to a content
                                                           2
of  3% oxygen by volume) if natural gas is used, or 100 mg/m   if coal gas is used.   In

facilities for non-ferrous  rough metal processing, sulfur dioxide emissions are to  be

limited to 3 mg/m-*, if feasible, in waste gases with an SCU content of  less than  2% by

volume.  For facilities for the production of  S02, SO-, and sulfuric acid, sulfur  di-

oxide emissions are not to  exceed 30 mg/nH, if an  alkaline scrubber is  used.   Standards

for sulfur trioxide are also stated for  facilities engaged in the production  of sul-

furic acid.  The sulfur content of liquid fuels  for specific  types of  furnaces  is

                                        -25-

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also stipulated.   For example,  in a facility with a stack  height  of less  than 30

meters, fuels used are not to contain more than 0.5% sulfur by  mass, while for facil-

ities with a maximum firing thermal power of more than 40  Gj/h  to 4 Tj/h, the maximum

sulfur content of fuels is restricted to 1% by mass.

          Carbon monoxide standards for specific facilities are also included.  For

example, for liquid fuel-burning furnaces, emissions of carbon  monoxide nay not  ex-

ceed 175 mg/m  (referred to a volume content of 3% oxygen); and for furnaces for gas
                                        a
fuels, emissions may not exceed 100 mg/m  for both natural and  coal gas.   Carbon non-

oxide standards for various types of waste incinerators are also stated.

          Immissions standards, stated in terms of both long-term and short-term

exposure, refer to both dusts and certain gaseous substances in the air.   They apply,

as a rule, to air pollutants occurring at a height of 1.5  meters above the ground

or at the upper limit of vegetation or at a distance of 1.5 meters from the surface

of a building.

          Standards for dust apply to both dust fall and dust concentration in the

air.  Non-hazardous dust fall is to be limited to 0.35 grains per square meter per

day for the long term and to 0.65 grams per square meter per day for the short term.

Mass concentrations in the air of non-hazardous dusts with a particle size of less
                                                                      3
than 10 um (micrometers) are subject to a long term limit  of 0.10 mg/m  and short-
                       3
term limit of 0.20 mg/m  ; however, when dusts having a particle size greater  than
                                                        o
10 um are also included the long-term limit is 0.20 mg/m  and the short-term  limit
            o
is 0.40 mg/m  .

          The immissions standards for individual gaseous  pollutants in  the  air

are given in  the following table:
                                        -26-

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                    of  pollutant                   Mas_s_ concentration
                                              mg/m^               mg/m3
                                           long term             short  term

               Chlorine                      0.10                   0.30

               Hydrogen chloride              0.10                   0.20
                (given  as inorganic
                 gaseous chlorine
                 compounds)

               Hydrogen fluoride              0.0020                0.0040
                (given  as inorganic
                 gaseous chlorine
                 compound;;)

               carbon monoxide              10.0                  30.0
               sulfur dioxide                0.140                 0.40
               hydrogen sulfidc              0.0050                0.010
               nitrogen dioxide              0.10                   0.30
               nitrogen monoxide              0.20                   0.60


All of these standards  are not to become immediately effective, however.  For

four of the pollutants  listed above, transitional values are to apply for a period

of four years after the publication of the Technical Instructions, as follows:


               Type of pollutant            long term             short term

               Dust fall in g/O2d)          0.50                  1.0

               Hydrogen  fluoride in mg/m3-   0.0030                0.0060
                given  as inorganic gaseous
                fluorine compounds

               Sulfur  dioxide in mg/m3       0.140                 0.50

               Hydrogen  sulfide in mg/m3     0.010                 0.020


          In addition  to the standards already stated, the Technical Instructions

specify methods for determining appropriate stack height as well  as  for  calculating

the dispersions of pollutants.  The Instructions  also  detail methods for  the  deter-

mination and evaluation  of both immissions and emissions.

          The August 28, 1974 Technical Instructions apply to  installations requiring

permits under the Federal Nuisances Control Law,  and as such ar.;-  directed to  the.

                                       -27-

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authorities charged with examining applications for the operation of a facility,




its construction or a significant change in Its location,  nature or operation.




          Standards applying to facilities not requiring permits under the Federal




Nuisances Control Law are contained in a series of regulations issued pursuant to




that law; these cover furnaces, chemical cleaning plants,  and installations manu-




facturing or processing wood or wood products.




          The August 28, 1974 First Regulation for Implementation of the Federal




Nuisances Control Law applies to the design, installation and operation of furnaces




using solid or liquid fuels.  It stipulates that smoke emissions must be lighter




than No. 2 on the Ringelmann Scale.  It also sets limits for dust, soot and oil




derivatives emitted from oil-burning furnaces with smaller evaporation burners  as




well as for furnaces with atomization burners and larger evaporation burners.




Specifications for fuels for smaller solid-fuel burning furnaces are stated as




well as emission limits for dust, soot and tar from large furnaces burning solid




fuels.




          The August 28, 1974 Second Regulation on Chemical Cleaning Plants,




directed towards plants which clean, dry or otherwise, treat textiles, leathers  or




furs, specifies  uhat exhaust gases from such  installations .-ire not.  to contain more




than 30 cubic centimeters of trichloroethylene or perchloreIhyleuc  per  cubic meter




of exhaust air.




          The December  18,  1975  Seventh Ordinance for Implenc'iitat ion of the Federal




Nuisances Control Law applies to  facilities processing or manufacturing wood or




wood products and emitting  wood  dust or shavings.  It stipulates  that such  facili-




ties are to be equipped with exhaust air purification system.1; so  that the  mass  con-




centration of dust and  shavings  in exhaust air does not exceed  5')  mg  per  cubic  meter




exhaust air at 0C and  1013 millibar if the exhaust, air contains  dust  from grinding




or mixtures with grinding dust.   Installations beginning  operations after January 1,




                                       -28-

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1977, however, are to limit their emissions to 20 mg per c-ubic meter.  Permis-

                                             f\           O
sible mass concentration ranges from 150 mg/m  to 50 mg/m ,  depending on the volume


flow of exhaust gas per hour, for exhaust gases not containing dust: from grinding.


          Specifications for the sulfur content_p_f light heating oil and di.cscl fuel


are contained in the January 15, 1975 Third Regulation for Implementation of the


Federal Immissions Law, which limits the sulfur content by weight of such fuels to


0.55% beginning May 1, 1975, to 0.50% beginning May 1, 1976, and to 0.30% beginning


January 1, 1979.


       mobile sources


          Standards relating to the construction and operation of automobiles are


contained in appendixes to the Order on Admission to Road Traffic in the Version of


November  15, 1974, which, as most recently amended by the June 16, 1975 Ordinance


To Amend  the Order on Admission to Road Traffic, corresponds to the European Com-


munities  Council Directive of May 28, 1974 Relating to Air Pollution by Gases From


Positive-Ignition Engines of Motor Vehicles.


          Section 47 of the order requires motor vehicles to be so constructed that


the emission of air-polluting gases is limited according to the latest state of


technology.  Specific standards apply to carbon monoxide and hydrocarbon emissions


from motor vehicles with positive-ignition engines tested under three different con-


ditions.  These tests are run for the most part on representative vehicles submitted


by the manufacturer to the Exhaust Testing Station of the Rhineland-Westphallan


Technical Monitoring Association (Abgasprufstellc bcim Rheinisch-WestfMlischeii Tech-


n is chen Ub e rw achungs-Ve re in) in Essen.  Test 1 involves vehicles under 3500 kg in


weight capable of achieving 50 kilometers per hour on a windless, straight stretch


of road.  Such vehicles arc to conform to the following emission standards in simu-


lated heavy traffic operational conditions during type testing:  carbon monoxide


emissions per test are not to exceed values ranging from 80 to 162 grams for vehicles


                                       -29-

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weighing up to 2150 kg and 176 grams for vehicles weighing more than 2150  kg;  hydro-




carbon emissions per test range from 6.8 to 10.3 grams for vehicles weighing up to




2150 kg and 10.9 grams for vehicles weighing more than 2150 kg.   This test may also be




run randomly on serial vehicles that have received type approval for conformance to




standard; however, standards for these tests are less stringent than those listed above.




          During Test II, which is to take place at idling speed, emissions of carbon




monoxide in exhaust gas are not to exceed A.5% by volume.  Test III involves the meas-




urement of gaseous emissions from the crankcase; during this test, hydrocarbons emitted




from the crankcase and not recycled by the engine are not to exceed 0.15% of the fuel




quantity consumed by the engine.




          A standard for the lead content of gasoline is contained in the August 5,




1971 Leaded Gasoline Law, which stipulates that as of January 1, 1972 fuels containing




more than 0.40 grams per liter of lead compounds are not to be produced, imported or




otherwise commercially handled in the Federal Republic.  The maximum permissible lead




content for gasoline was to be reduced to 0.15 grams per liter as of January 1, 3976.




The stringency of this standard was reduced, however, by the November 25, 1975 Law To




Supplement the Leaded Gasoline Law, which allows for a transition period during which




gasoline with a lead content higher than 0.15 grams per liter may be sold but places a




fee on such gasoline.  During the period January 1, 1976 to December 31, 1977, persons




who have been granted permission to market fuel not meeting the standard, are to pay a




fee to the federal government of one German penny per liter for fuel with a lead content




of up to 0.25 grams and of two German pennies per liter for fuel with a higher lead conti




       noise




          The July 15, 1968 Technical Guidelines for Protection Against Noise, issued




pursuant to the 1960 Factory Act, are to be used by officials  granting permits for




industrial installations under the  1974 Federal Nuisances  Control  Law until new




regulations pertaining to noise are issued.  They contain  upper limit standards for




                                       -30-

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both day tin J. and night noise levels for seven types of area ranging from exclu-




sively industrial  (70 dB(A) at all times) to hospital zones (days 45 dB(A), nights




35 dB(A))and prescribe methods and instruments for measuring noise levels.  In




considering possibilities  for noise level reduction, authorities are to take into




account the present state  of noise control technology, as well as the technical




feasibility of implementing control measures in individual plants.




           Although the Federal Nuisances Control Law abrogated the September 9,




1965 Law  for Protection Against  Construction Noise, several ordinances passed pur-




suant to  the 1965  Law are  to remain in force until replaced by other standards.




One of these, the  August 19, 1970 General Administrative Provision on Protection




Against Construction NoiseNoise Immissions, applies to noise arising from construc-




tion machinery at  a construction site and affecting human beings.  It sets maximum




levels for noise in the vicinity of a construction site for areas ranging  from  com-




pletely industrial to hospital zones.  These values are identical to those speci-




fied in the above  mentioned 1968 Technical Guidelines for noise emitted from  facto-




ries.  Procedures  to be used in  determining  the level of noise emitted by  construc-




tion machines are  contained in the December  22, 1970 General  Administrative Regula-




tion on Protection Against Construction  NoiseMeasuring Methods.  Finally, ordi-




nances set maximum emissions levels for  cement mixing installations and mixing




trucks, wheel loaders, compressors, cement pumps, bulldozers,  tracked loaders,  and




excavators.




           Under  the March  30, 1971 Law on the Protection Against  Aircraft  Noises,




noise protection zones are to be established in the areas  around  airports  where the




equivalent permanent noise level exceeds 67  dB(A).  The zones  are to consist  of




inner and outer  areas, with the  inner zones  defined as those  areas where  the  equi-




valent permanent noise level exceeds 75  dR(A) and  the outer  zones comprising  the




remaining area.  The construction of hospitals, homes  for  the aged,  convalescent




                                       -31-

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homes, schools and Jike establishments is forbidden in these zones.   In addition,




private housing may not be built in the inner, noisier zone.




          Although sections of both the 1974 Federal Nuisances Control Law and the




Order on Admission to Road Traffic in the 1974 version authorize the issuance of




noise standards for motor vehicles, no definitive standards have been adopted pur-




suant to these laws.




          However, still valid noise emission limits are contained in the September




13, 1966 Instructions for the Measurement of Motor Vehicle Noise.  These Instructions




establish maximum noise emissions levels on the basis of vehicle weight and power




for:  private cars and combination vehicles, trucks, buses, traction engines, trac-




tion engines used in agriculture and forestry, work engines, motor cycles, and bi-




cycles with auxiliary motors.  Emissions limits range from 70 dB(A) (for bicycles




with auxiliary motor and maximum speed of 25 km/h) to 92 dB(A)  (for trucks, buses,




and vehicles with all types of traction engines if their capacity exceeds 200 horse-




power as defined by DIN standards).  Maximum emissions limits for sound-warning




devices and motor-braking are also given.




       pesticides




          Standards have been set  governing the use of certain plant protection




products; the marketing, import, export and use of DDT; and the  maximum residues




of plant protection products on foodstuffs of plant-origin.




          The May 10, 1968 Plant Protection Law, in the Version  of October 2, 1975




empowers the Federal Ministry for  Food, Agriculture and Forestry to issue ordinances




forbidding or limiting the use of  certain plant treatment substances.  Passed pur-




suant to this law,  the July  31, 1971 Ordinance Concerning Prohibitions and Limita-




tions of Use for Plant Protection  Products in the Version of May 31, 1974, lists




three classes of products.   The use of products in Class I  is completely  forbidden.




The 14 substances in this Class include  araraite, arsenic, lead  and  cadmium compounds,




                                       -32-

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rhlorclune, chloroform, di'eldrin and isodrin.   Substances  in Class  II  may only be




used for the purposes specified in the ordinance.   These  substances  include aldrin,




hydrocyanic acid, DDT, endrin, mercury compounds,  and toxaphene.   Class III sub-




stances may be used except as expressly forbidden  in the  ordinance.   Examples of




substances in this group are amitrol, crimidine, lindane, silicon  dioxide and zinc




phosphide.




          The August 7, 1972 Law on Traffic in DDT prohibits the  manufacture, import,




export, commercial handling, acquisition or use of DDT and DDT preparations with




certain exceptions specified in the law.




          Standards for the maximum quantities of  pesticide residues permissible




in or on  foodstuffs of plant origin are contained in an ordinance issued pursuant




to pure food legislation.  This November 30, 1966  Pesticides Tolerances Ordinance,




as amended December 1A, 1972 contains two lists of substances.  List 1 names several




hundred plant protection substances along with varying maximum quantities of each




substance permissible  in or on specified foodstuffs.  For example, alachlor residues




may not exceed 0.1 ppm in or on vegetable corn, grains, cabbage,  rape and turnips




and 0.02  ppm on  ether vegetable foodstuffs.  Residues of DDT  (dicophan) , ODD, DDE




and their  Lsomeres may not exceed 0.1 ppm in or on fruits and vegetables; 0.2 ppm




in or on  cocoa beans  (through December  31, 1977); and 0.05 on other plant-origin




foodstuffs.  Atrazin  residues are limited to 1.0 ppm in or on vegetables and  fruits;




0.5 ppm in or on  corn; and 0.1 ppm on other plant-origin foodstuffs.  Tf no limits




for residues of  a substance are specified for a particular vegetable, fruit,  or




other foodstuff,  then  the foodstuff may not contain more than one-tenth of the lowest




value given for  that  substance in regard to any other foodstuff, and in any case,




not more  than 0.01 ppm.




          The ordinance  further prohibits altogether the marketing of  foodstuffs  of




vegetable origin  if  they  contain  residues of certain substances enumerated in List II.




                                        -33-

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Such substances include:  aldrin; dieldrin; aramite; compounds of arsenic, lead



and cadmium; endrin; isodrin; compounds of mercury; and carbon t:etrachloride.



       how standards are set



          Several groups participate in the formation of standards for air and



water.  Active in setting water standards are the German Association of Gas  and



Water Management Experts (DVGW), the Sewage Technology Union  (ATV), and the  Water



Division of the German  Standards Committee (DNA).  In most cases, however, such



guidelines and standards are not as yet legally binding on a  federally unified



basis.



          Standards  for air pollutants have been developed by  the Air Quality Main-



tenance Commission of the Association of German  Engineers.  The Commission has



developed Maximal Nuisance Concentration (MIK) values for a large number  of  sub-



stances.  These MIK  values were used as the basis for the threshold values that



appear in the August 28, 1974 Technical Instructions for Maintaining Air  Purity."



          Noise standards are developed by the Noise Commission of the Association


                     17
of German Engineers.



          Finally in some areas, such as detergents, the Federal  Republic of


                                                                                1 R
Germany has agreed to follow standards recommended by the European Communities.



          All regulations and standards issued under federal  .legislation  and in-



volving the interests of the Lands are subject, to approval by  the Federal Council



(Bundesrat).



       promulgation



          Standards  contained in laws and  ordinances are published in  the Bundes-



gesetzblatt,  the Federal Republic's national  law gazette.   Some standards, such



as those  for  noise emitted by construction machinery, are contained  in  "official



notifications"  (Bekanntmachungen)  of the ministries  and  as  such appear in the


                                                            19
Federal Ministry of  Justice  publication, the  Bundesanzeiger.    Finally,  certain



                                       -34-

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administrative provisions, intended primarily for officials implementing legislation,




may appear in the official organ of the ministry issuing the provisions.  Such was




the case in regard to the 1974 Technical instructions for Maintaining Air Purity,




issued by the Ministry of the Interior in the Gemeinsamos Minist erialb1att, a joint




publication of several ministries, including Interior.
                                       -35-

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*^     Enforcement Proceclurej^




       govern mo n _t_juhnin i strat ion




          Although the federal government has legislative compel ence in ninny areas,




it is responsible for the direct implementation of legislation only in matters relat-




ing to national defense, postal services, foreign relations, and with regard to the




environment, those water bodies designated as federal waterways (Bundeswasscrstrassen).




Other-wise, responsibility for the implementation of both federal and Land laws falls




to the Land governments, which, under the federal constitution, are required to set




up the administrative authorities and to determine the. administrative procedures  to




implement and enforce these laws.  The federal government, with the consent of the




Federal Council, may, however, issue administrative regulations stipulating how fed-




eral laws are to be implemented; the specificity of such regulations is  dependent on




the powers expressly conferred on the federal government by a  given law.




          Government administration on the federal, and in most cases, the Land level




(the city-states of Bremen, Hamburg and Berlin form the exceptions) is carried out  on




three levels:  central, intermediate and lower.  Because the federal government does




not implement r.ost of its own laws, federal  administration  takes place primarily  at




the central level, including supreme federal authorities  (such as  the  Federal  Chancel-




lory and  the ministries) and superior federal authorities  (bureaus  such  as  the Federal




Environmental Agency in Berlin).  Intermediate and lower  federal authorities exist




only in those legislative areas  that the federal  government  implements itself.   In




the area  of the environment, the only such authorities  are  the Water  and Shipping Di-




rectorates  (intermediate) and the Water  and  Shipping  Offices  (lower) ,  administering




federal waterways.




          On the Land level, central authorities  are  the  Land  ministries and various




higher authorities immediately  responsible to  the ministries.   The intermediate  level




is  formed by the regional  (BezjLjrk)  governments, which are  responsible  for most





                                         -36-

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administrative tasks within their geographical areas.   Lower level authorities are,



in most cases, the local authorities, consisting of both municipal (Gejneincie)  anr]



district (Kreis) officials.  Local authorities have dual functions, since they not



only act as lower level Land authorities but also function as autonomous administra-



tors in certain matters delegated to them by law for independent administration, in-



cluding water supply, sewerage and the construction of purification plants, refuse



disposal, and supervisory construction planning.  The lower and intermediate level



Land authorities constitute the first and second instances of enforcement in regard

                           20
to most environmental laws.



          In North Rhine-Westphalia, for example, the Land Minister for Food, Agri-



culture and Forestry is the central and highest Land water authority.  On the inter-



mediate level are the water authorities of the six regional government presidents,



while the lower level is formed by the district and local water authorities.  Admin-



istrative surveillance and enforcement functions under both federal and Land water



law, including the issuance of permits for water use, are generally performed by the



intermediate and lower level authorities, with lower level authorities being respon-



sible for less important water bodies and intermediate level authorites  for more



important ones.  The regional government president, as  the chief  intermediate level



Land authority, issues fines against those committing infractions  of administrative



regulations of both  federal and Land water laws.  Water boards and the Land Office



for Water Protection serve in an advisory capacity to the various  water  authorities.



In addition there are public water corporations  (Wasserverbande),  which bear  the  re-


                                                                                    21
sponsibility for water supply and sewage purification in certain  river basin areas.



          The central land authority for air quality maintenance  and noise  control  in



North Rhine-Westphalia is  the Ministry of Labor  and Social Security.  Administrative



enforcement functions with regard to larger industrial  installations, including the



issuance of permits, are performed by the factory  inspectorates,  lower  level



                                        -37-

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administrative offices located in the larger urban areas.   It was  the factory inspec-



torate in Duisburg, for example, which took the initiative in ordering the closing of

                                                22
an excessively noisy blast furnace in that city.     Pollution from mining operations,



however, is the concern of the mining offices.   Technical  assistance is supplied by



the State Institute for Immissions and Land Use Protection and the Technical Control



Association, both located in Essen.



       court system



          The Federal Republic of Germany has a single integrated system of regular



courts, with Land courts at the lower level and federal courts at the top.  The local



courts (Amtsgerich te) handle Minor actions.  District courts (Landgerichte) serve as



courts of appeal from the local courts as well as courts of original jurisdiction;



the superior courts (Oberlandesgerich te) are, except in rare cases, strictly courts



of appeal.  The Supreme Court  (Bundesgerichtshof) is concerned almost exclusively



with appeals and serves chiefly to ensure a uniform interpretation among the Land



courts.


          Courts are presided  over by a varying number of judges, ranging  from one



in the local courts to  five in the various sections of the Federal Supreme Court.


Judges are  civil servants appointed  for life on good behavior, usually by  the Land


Ministers of Justice.



          Land courts are used to  try federal  as well as  Land cases,  and,  in fact,


most cases  originate  in a Land court.  Most environmental cases involving  criminal



charges originate  in such courts  as  do suits brought against polluters under civil



law.   Trials are preceded by pretrial investigations which may or may not  result  in


further prosecution.



          To handle questions  arising from  the administrative acts of government



officials,  the Federal  Republic has  a three-level system  of  administrative courts.



The court of  first  instance is  the Administrative Court (Verwaltungsgericht),  and the



                                        -38-

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   court of  second  instance  is  the  Higher Administrative Court  (Oberverwaltungsgericht).




   Both of these  courts  are  established by Land  laws.  The Federal Administrative Court




   (Bundesverwaltungsgericht)  is  the highest  court  of  appeals in such matters.  Appeals




   against the  administrative  acts  of  government authorities can be raised in these




   courts; such acts  include,  for example, fines (GeldbUsse) imposed by local water




   authorities.  In general, administrative measures or penalties instituted by





   authorities  under  environmental  laws, such as the 1974 Federal Nuisances Control  Law,




   fall within  the  scope of  the administrative courts.




         enforcement mechanisms  to control




             A  major  preventive device in enforcing environmental laws is the permit or




   licensing system.   Permission  for designated  activities is required under laws relat-




   ing to:   water,  air,  pesticides, radioactive  materials, and  waste disposal.  Certain




   laws, such as  those pertaining to waste oil and  waste disposal require the mainte-




   nance of  record  books, noting  the nature,  quantity, source and disposition of waste




   materials.   Other  enforcement  mechanisms include monitoring, measuring and inspection




   programs. Enforcement provisions in  the 1957 Water Management Law and the 1974  Feder-




   al  Nuisances Control  Law  will  be discussed in detail.




         water




             Under  the 1957  Water Management  Law,  authorization must be obtained for a




   wide  range of  water uses, including discharges of substances into surface, ground and




   coastal waters,  and any other  measures which  might  cause harmful changes in  the  physi-




   cal,  chemical  or biological composition of water.   Restrictions can be placed on water-




^  use authorizations, including standards for effluents; and authorizations can be  with-




   drawn  if  these conditions are  not met.  Conditions  placed on authorizations  for  dis-




   charges  into groundwater  tend  to be stricter  than  those placed on discharges into




   other  types  of water.  Additional conditions  may be placed on discharges after an




   authorization  has  been issued, and  an  authorization may be cancelled  if  it is found





                                         -39-

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necessary for the protection of the general public.




          The Water Management Law also prescribes the licensing of pipeline install




tions for the conveyance of water-endangering substances.   As with water-use authori




zations, conditions can be placed on such licenses,  and the licenses may be cancelle




if the needs of water protection necessitate it.




          Supervision of water use is provided for in section 21 of the Water Manage-




ment Law, which requires all those who make more than general use of water to submit




to supervision by the authorities.  The competent authorities must accordingly be




granted access to land and property to the extent that such access is necessary for




the performance of their supervisory functions; requisite data and materials must be




placed at their disposal; and they must be allowed to perform technical tests and




measurements.  Similar provisions apply to the operation of pipeline installations




for conveying water-endangering materials.




          Dischargers may also be required to carry out their own measurements as a




condition of their authorization, and special officers must, in some cases, be ap-




pointed by an industrial concern  to carry out these functions.




          Both authorization and  licensing procedures provided for in general in the




Federal Water Management Law are  presented in more detailed  form  in the Land water




laws.  The North Rhine-Westphalia law, for example, requires dischargers to undertak




at their own cost investigations  of discharges  and to convey the:ir findings to the




water authorities.  Water purification installations are subject  to the same obli-




gations.  North Rhine-Westphalia  has also issued an ordinance placing conditions on




the storage of water-endangering  substances.




          The Federal Water Law further provides for the establishment by  the Lands




of water protection areas in which certain activities or installations can be re-




stricted or prohibited.  Specific provisions for such areas  are  found, for example,




in articles 24 and 25 of the North Rhine-Westphalia water  law.




                                        -40-

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       jur




          The most important means of fulfilling the  stated purpose  of the  Federal




Nuisances Control Lav to protect humans, plants, animals and objects against  harmful




environmental influence is the permit system outlined in sections 4  to 21 of  the law.




Regulations issued in pursuance of the law list 58 types of installations which,




because of the potential dangers of their activities  to the environment,  must obtain




a license to be constructed, to operate or to undertake essential changes in  their




operations or size.  These include:  furnaces for solid, liquid and  gaseous fuels




yielding more than stipulated quantities of heat per  hour; cooling towers of  a given




capacity; various types of incinerators, composting works and scrap-grinding  facili-




ties; stone, clay and mineral processing works; plants producing or  processing iron,




non-ferrous metals or steel; production processes involving chemical transformation;




plants for the distillation, refining or other processing of petroleum and some petro-




leum products; large-scale poultry and swine raising facilities; slaughterhouses;




and animal-body facilities.




          Forty additional smaller types of installations, whose activities are con-




sidered less dangerous, are subject to a simplified permit procedure in conformance




with section 19 of the  Federal Nuisances Control Law.  These include smaller furnaces




for solid and liquid fuels; facilities producing such standard metal parts as bolts,




rivets, screws and nuts;  facilities producing certain types of brick and block; cer-




tain cera:rdc works; glass polishing works; large-scale food preparation  facilities




(with  the exception of  restaurants); grain or tobacco drying facilities; bottle




cleaning, filling or packing plants; stationary facilities  for the  transfer of dust-




producing goods, such as  ores, bauxite, coals;  facilities  for the production of medi-




cines using plant, animal or micro-organic products;  quarries using explosives; motor




sports facilities; and  shooting  ranges and grounds serving  other than military purposes.




          Those installations subject to licensing must be  operated in such a way that




                                       -41-

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harmful influences are avoided; take measures to prevent pollution; and, if possible



under the present state of technology, recycle their waste materials.   These instal-



lations may be required to meet specific requirements as laid down by the federal



government with regard to their construction and the nature of their emissions.  Ad-



ministrative regulations specifying emissions limits for the use of authorities



issuing permits to such installations are contained in the Technical Instructions



for Maintaining Air Quality (see pages 24ff above), and the general procedures to be



followed in the licensing process are contained in the law.  Under certain circum-



stances, additional restrictions may be placed on licenses once they have been issued



Furthermore, licenses may be withdrawn under certain specified circumstances,  for



example:  if the holder of a license has failed to comply with restrictions; if under



amended regulations the license could no longer be issued; or in order to prevent or



remove serious disadvantages to the general public.



          Installations found  to be operating without a license may be shut do\-m or



removed, and installations not fulfilling the restrictions contained in their  license



may be shut down until the restrictions have been complied with.



          To ascertain the presence of harmful substances  in the air as well as to



establish if the conditions set in licenses are being complied with, measurements



may be taken under the provisions of  the Federal Nuisances Control Law.   In certain



instances, authorities may require licensed installations  or even  those not requiring



licenses to take their own measurements and report them to the proper officials.  In



other instances, public officials take the measurements.   In these cases,  the  compe-



tent authorities and  their agents are to be granted access to both industrial  sites



and residences for the purpose of conducting emissions  and air quality  tests.



          Various Land governments have conducted air quality measurement programs



for some years.  In North Khine-Westphalia, for example,  such a program has  functione


                                                                            23
under the aegis of the Land Institute for Nuisance and  Land Use Protection.



                                       -42-

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Officials in North Rhine-Westphalia have also carried out unannounced inspections of



industrial concerns throughout the Land to see whether required environmental  measures


               24
had been taken.


       other program areas



          To ensure the maintenance of certain basic protective measures, licensing



is also required by several other environmental laws.  The May 10, 1968 Plant Protec-


tion Law, in the Version of October 2, 1975, stipulates that pesticides be licensed



by the Federal Biological Institute for Agriculture and Forestry.  The Haw includes



labelling requirements for pesticides and requires persons using pesticides to Inform



the authorities at the time operations are begun.



          The December 23, 1959 Atomic Energy Law, as variously amended, requires


licensing of certain activities related to the import, export, transport, storage,



processing, preparation or splitting of nuclear fuels.



          A more limited type of permit is required by the June 7, 1972 Law on the



Disposal of Wastes for those desiring to collect or transport waste materials.  Ac-



cording to provisions of the July 29, 1974 Waste Transport Ordinance, permits may be



issued for a single collection or for repeated collections of waste over a given



period of time.  Permits are also needed to bring waste materials into the Federal



Republic.  Fees are levied on those desiring permits  for  these purposes.


       record books


          In order to ensure that measures relating  to the safe disposal of wastes


are observed,  the 1972 Law on the Disposal of Wastes  requires  anyone possessing wastes


other than household refuse to maintain a record book and related vouchers as to the



nature, quantity, origin and disposal of the materials, provided  that local authorities



also require maintenance of the records.  The producer and the collector and/or  car-



rier of such wastes as well as the operator of the waste  removal  facility are all



required to keep records books and to verify the inventory sheets and waybills included



                                       -43-

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as part of the record in a specified fashion at each stage of the waste disposal pro-



cess.  Record books must be kept five years after the date of the last entry.



          A similar provision for government supervision is contained in the December



23, 1968 Waste Oil Law.  Under this law and its implementing ordinances, any firm



possessing or assuming possession of at least 500 kg of certain waste oils per year


must keep an official record book designating the nature, quantity and location of



the waste oil at any given time.  Certain documents must be maintained in support of


record book entries.



       environmental compatibility of federal government measures



          To provide for the implementation of sound environmental practices at feder-



al level, the Federal Minister of the Interior adopted on September 9, 1975, Princi-



ples for Testing the Environmental Compatibility of Public Measures of the Federal



Government.  The procedures are to be used by all federal authorities and direct fedei



al bodies, institutes and establishments of public law, and are to be introduced by



the  various federal ministers into their areas of competence in a suitable manner.



Public measures are defined as:  drafts of statutory regulations and  general adminis-


trative orders: administrative  acts, contracts and other actions in fulfillment of


public duties; and public progTars and plans.  The competent authorities are to test


as often as possible during the work preliminary to public measures to determine


whether harmful environmental results are precluded, and if not, what environmental



effects may be expected, and how they may be prevented or reduced.


       enforcement  actions



          For the more efficient handling of those environmental offenses involving



possible criminal charges, all  lands in the Federal  Republic, with the exception of



Hamburg, had, by the beginning  of  1973, set up a special environmental  department


                                      25
within the public prosecutor's  office.



          As explained by  the environmental prosecutor  in  the  city of Dusseldorf,



                                       -44-

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environmental offenses, especially those involving pollution of the Rhine by waste



oil dumped from ships, are initially brought to the attention of his office by the

                                                                               26
police, although environmental offenses are also reported by ordinary citizens.



In many circumstances the prosecutor was able to proceed on the basis of the informa-



tion received from the police; in others, further preliminary investigations were



necessary.  In 1972 the various environmental prosecutors in North Rhine-Westphalia,



the highly industrialized Land in which DUsseldorf is located, handled over 1100



cases; in the first half of that year at least 100 of these resulted in a summons or


                     27
a bill of indictment.    In the first half of 1975 environmental prosecutors in North



Rhine-Westphalia conducted 887 preliminary investigations dealing with offenses



against environmental regulations.  Over half of the 653 completed investigations



involved offenses against water protection regulations; ten percent dealt with air


                    28
pollution and noise.    In Lower Saxony there were 72 environmentally related crimi-



nal indictments in the period 1970-1972.  Of these, at least four resulted in crimi-



nal fines; others resulted in fines for infractions of administrative regulations,



non-criminal penalties imposed by the courts as well as by the various administrative


   ,_        29
authorities.



          Despite some success, however, environmental prosecutors are seen as facing



great  difficulties in carrying out their functions, since they must often handle non-



environmental cases as well.  They also tend to lack the technical support necessary


                                         30
for adequate performance of their duties,



       penalties



          Most environmental offenses are considered infractions of administrative



regulations (Ordnungswidrigkeiten), for which  administrative  fines are specified  in



the individual laws and ordinances.  These fines  (GeldbUsse), which bear no criminal



taint, can be levied by the competent administrative officials without the  involve-



ment of  the regular court system.  As listed in a  table prepared by  the  North



                                       -45-

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Rhine-Westphalian Minister of Labor, Health and Social Affairs: for the use of factory




inspectors and regional government presidents, administrative fines range from as ]ow




as 5 DM for offenses against the norms for automobile motors to 100,000 DM for the




unauthorized construction, operation or alteration of a waste disposal installation.




Fines specified in the Federal Nuisances Control Law also run as high as 100,000 DM.




Among the administrative infractions listed in this Law are the establishment of an




installation without a license as required in article 4 of the law and failure to




submit to authorities an emission report for a heavily polluted area, as required in




article 27.




          In contrast to earlier environmental legislation, both the 1972 Federal




Waste Disposal Law and the 1974 Federal Nuisances Control Law designate certain of-




fenses as criminal acts (Straftaten).  The 1957 Water Management Law and the 1959




Atomic Energy Law also delineate certain criminal acts.  In general, such acts are




those which might endanger the life or health of the population.  If serious, they




can result in imprisonment for up to five years in the case of the Waste Disposal




Law, and for up to ten years in the case of the Federal Nuisances Control Law.  Crim-




inal fines (Geldstrafen) may also be imposed.  Criminal acts specified in the Federal




Nuisances Control Law include operating an installation without the required license




or contravening an ordinance issued by a Land government pursuant to the law regard-




ing areas requiring special protection from pollution.




          Also subject to criminal prosecution and possible imprisonment or criminal




fines are those acts, which because they result in bodily injury, damage to property



                                                            31
or disturbing noise, can be handled under the Criminal Code.
                                       -46-

-------
V.     Interrelationships Between Government and Industry

       major industries
          Manufacturing accounted for about 43 percent of the domestic product in the
Federal Republic in the early 1970's, thus constituting the major sector of the econ-

omy, with services accounting for the next most important economic sector.   Mechani-
cal engineering, electrical engineering, chemicals, textiles, clothing and transport

equipment were the largest manufacturing industries in terms of employment, income
                 32
and expenditures.    Mining and quarrying have also been important economic activi-
ties, although they currently constitute 4 percent or less of the domestic product.

          Today 60 percent of the Federal German population lives in industrialized,
urbanized areas in which the concentration of inhabitants and industry poses special
         34
problems.    The ten major metropolitan areas are the Rhine-Ruhr, Rhine-Main, Hannover-
Braunschweig, Vest Berlin, Stuttgart, Hamburg, Munich, Bremen-Oldenburg, Mannheim-
                               O T
Ludwigshafen, and Saar regions.

          The Ruhr region, where heavy  and light industries of all sorts are located,

has not only the Federal Republic's but Europe's, largest concentration of heavy
and light industries.  The area, located in North-Rhine Westphalia and roughly tri-

angular in shape, is defined by Cologne at the south, Dortmund at the northeast and
Duisburg at  the northwest.  It has plentiful deposits of coal and formerly possessed

rich iron ore deposits.  Major industries in the area include steel, machinery, oil
refining, chemicals, glass, ceramics, and textiles.  As might be expected, this area
has suffered particularly serious pollution problems.  The Rhine-Main area possesses

certain heavy industries and is also a  commercial  and transportation center.  The
Federal Republic's major concentration  of small-to-medium  industries is located in
the Stuttgart area.  The Saar basin, like the Ruhr  area, is  rich in coal and  iron

deposits of  a high grade and employs large numbers  of persons in mining, iron and
                                                     o/r
steel production and machine and steel  construction.     This area too has had special

pollution problems.                     -47-

-------
       overall jcelaj-ioiisliLp of government _t^_in_dug_try

          A general policy of cooperation in overcoming environmental  problems

is pursued by government and industry in the Federal  Republic.   In  the Environment

Report '76Follow-up to the Environmental Programme  of the Federal Government,

issued July !', 1976, the federal government states  "willingness to cooperate with

employers and employees in industry and with the citizens concerned,  including  their

associations."

       who pays the cost of clean-up?

          The federal government subscribes to the principle that the  polluter  should

pay the costs involved in cleaning up pollution (Verursacherprinzip).   After years

of effort, the government has finally succeeded in institutionalizing this principle

through passage of the September 13, 1976 Sewage Fee  Law, which imposes a fee of 12

marks per polluting entity, as defined in the law, on sewage discharges beginning

January 1, 1981.  Proceeds of the fee, which is to increase each year until it  reaches

40 marks per polluting entity in 1986, are to be used for measures to maintain or

improve water quality and to cover administrative costs of the Lands in implementing

the fee.  Although the present law represents a compromise between opponents of the

fee and the government, which had hoped  for an immediately effective charge of 40 mark:
                     O Q
per polluting entity,   it is hoped that the fee will encourage polluters to limit

pollution by removing the economic advantage that they might have realized by not

taking environmental protection measures.

          Industry has, however, spent and will continue to spend, substantial sums

to prevent or reduce pollution of various sorts.  A 1975 Battelle Institute survey,

conducted on behalf of  the Federal Ministry of the Interior, revealed that  a total

of 111.2 billion DM, representing 2 percent of the anticipated  gross national product,

will be spent by government and industry combined between  1974  and 1980.  This may be

compared  to 66.7 billion  DM,  constituting 1.5 percent of GNP, spent by  government and


                                        -48-

-------
                        -K)
hid in; I-ry from 1970-1974.    Of the total  expenditures anticipated for 1974-1979,



17.3 billion DM will be investments in pollution abatement measures by industry and



18.3 billion DM will be government investments.  Environmentally related operating



costs will be 48.6 billion DM for industry and 28.6 billion DM for government.



The study revealed that of industry's expected investment in pollution control, 35



percent will be allocated to wastewater purification and cooling, 3 percent to ground-



water conservation, 47 percent to clean air measures, 7 percent to solid waste removal



and 8 percent to noise abatement.  Industry's environmental operating expenses will



amount to 35 percent for wastewater treatment, 37 percent for air pollution control,



9 percent for solid waste disposal, and 2 percent for protection of groundwater and



noise abatement.    Industry's investment in pollution control equipment will consti-



tute 8 to 9 percent of its total investment, and its pollution related operating costs



will amount to approximately 1 percent of total industrial turnover for the period


         42
involved.    Branches of industry r.ost affected by pollution control activity will



be those involved in chemicals, stone and earth products, iron, steel and base metals.



          While subscribing to the polluter-pays principle, the government provides



some economic incentives and aids for pollution control.  For example, the February



21, 1975 Law To Ar.end the Income Tax Law  and the Investment Allowance Law provides



for more rapid depreciation than usual of capital goods serving environmental purposes.



The law allows 'full depreciation of goods within five years of purchase or manufacture.



Up to 60 percent of costs may be written  off the first year and up  to 10 percent each



year thereafter until full depreciation.  This  applies to goods for the prevention



of air and water pollution, reduction of  noise  and vibrations, solid waste removal



and reclamation of  raw  materials from wastes,  providing the goods  are acquired between



December 31, 1974 and January 1, 1981.  The accelerated depreciation provisions pro-



duce a tax-delaying effect, which results in an interest  savings  and increased li-


        43
quidity.



                                       -49-

-------
          The federal government also makes  available  under the  credit  provisions  of



the European Recovery Plan some funds for environmental investments,  such  as  the



construction of clean air facilities.  Guidelines for  the  issuance  of such loans,



which have lower interest rates than other sources of  money, have been issued by the


                      44
Minister of Economics.



          Finally, in individual instances,  other federal  assistance  may be granted


                                                                              45
for pollution control projects as part of general economic incentive  programs.
          The 1974 Federal Nuisances Control Law requires certain installations for



which permits are necessary to appoint: one or more plant immissions officers.   The



functions of the immissions officer, who is an employee of the installation concerned



include the encouragenent of the development and introduction of environmentally



compatible procedures and products; participating in the development and introduction



of these procedures and products; monitoring ambient air quality and emissions to



ascertain whether the plant is in compliance with provisions of law; and informing



management of environmental damage produced by the installations and of measures



necessary to prevent such damage.  Management is responsible for appointing properly



qualified officers in line with provisions of the 1975 Sixth Regulation in Implemen-



tation of the Federal Nuisances Control Law, which contains guidelines as to the



qualifications of these employees.  Management is, moreover, required to supply the



officers with the help and equipment necessary for carrying out their functions, and



to refrain from disadvantaging them in any way.  Provisions for similar officers are



found in the Water Management Law.



          In addition to  requiring the appointment of immissions control officers,



the Federal Nuisances Control Law also allows government to require industry to take



certain measurements.  Under special circumstances, for example, if it is feared that



the emissions from a certain installation may cause harmful environmental effects,



                                       -50-

-------
the operator of the installation may be ordered to appoint an agent,  designated by



the highest Land implementing authority, to measure both the emissions from the in-



stallation and the ambient air quality in its immediate area.  This may apply to



licensed installations as well as to those which do not require a license.  Under



some ciicumstances, such measurements may be ordered even if there appears to be no



immediate danger from the emissions.


          In heavily polluted areas (Belastungsgebiete), licensed installations are



obliged to inform  the competent authorities of the nature, volume and distribution



in terms of area and time of air pollution emanating from the installation over a



specific time period as well as of the conditions of the emissions.  Such emission



reports, which are to be updated annually, may also be required of installations in



non-heavily polluted areas.



          Furthermore, competent authorities may also order that licensed installa-



tions or, in some  cases, installations not requiring licenses, undertake continuous



measurements of specific emissions or nuisance levels by means of recording measur-



ing equipment.



          For the  most part, measurements taken under these provisions are to be paid



for by  the installations involved, and the results of the measurements are to be



transmitted to the competent enforcement authorities.


          In addition to legally required measures, some firms have taken their own


initiative in tackling environmental problems.  The Bayer chemical firm,  for example,



in its  Leverkusen  plants, has a department responsible for  clean air and water.   It

                                 46
employs 167 professional workers.



       iiaison practices



          Contact  between government and industry takes place in a variety of ways,



Representatives of  industry may serve on special government  committees, offer written



opinions to the authorities, or participate in formally organized exchanges of



                                       -51-

-------
information.   Of course, there are also many routine  informal instances of coopera-


                                                  47
tion, particularly in the area of the environment.



          Industry may submit its opinions through  its various interest associations.



For example,  the Chambers of Industry and Commerce, bodies of public law in which



membership for the affected groups is mandatory, commonly submit advisory proposals,



studies and reports to the authorities.  This includes the presentation of views on



environmental issues.  The comparable Chambers of Trades and Crafts carry out similar


                                                48
functions, but on a somewhat more limited scale.



          Other interest groups, such as the Federation of German Industries, although



not legally guaranteed a voice in the administrative  or legislative processes, are



often consulted in the preparation of laws, statutory orders and regulations, and



administrative provisions by ministries or by legislative committees at the various



levels of government.



          Consultation with affected groups is now required by some laws.  The Fed-



eral Nuisances Control Law, for example, stipulates that "concerned circles" be  con-



sulted prior to the issuance of  I mpletnentive orders.



          Industry also  contributes experts to serve on government committees.   Dur-



ing  the development of the Federal Government's Environmental Program  in 1970-71,  for



example, experts  from industry, as well as  those from government, science  and other



social spheres served on 10 project groups  to lay much of the initial  groundwork for


            49
the program.



          Industry has also assisted government in given research efforts.   In 1973,



for instance, the Dornier Industrial Complex reported on research in the  recycling



of wastes carried out under contract to the Federal Ministry  of  Research  and  Tech-


       50
nology.



          Industry,  as well as  other interest areas of society,  may be asked  to  dis-



cuss or help form policy on specific problems.  A  policy discussion of this  sort



                                       -52-

-------
took place in July 1975 at Castle Gymnich,  near Bonn,  when the  Federal  Chancellor



called a meeting of representatives of federal and state  governments, industry,  the



unions and leading scientists to discuss the economic  recession and environmental



activity.



          Finally, the Federal Government's 1971 Environmental  Program  provides  for



a regular exchange of information between various areas of society, including repre-



sentatives of federal, state and municipal  governments, industry and other economic



interests.  The forum enables 210 delegates, chosen proportionally to represent  the



various involved areas, to meet twice a year to verbalize their varying interests  in


                                                                          52
the environmental area and to work for a harmonization of these interests.    The



first meeting took place November 27, 1973.
                                       -53-

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VI.    Case History




          A recently resolved court case involved improper disposal  of  wastes,  pol-


                                                            5.3
lution of groundwater, fraud and falsification of documents.  "   Discovery of this



situation in 1973 led to an "environmental scandal," during which  the Hessian Land



minister of the environment was forced to resign.



          The defendent, Siegfried Plaumann,  operator of a waste removal firm in



Hesse, contracted with various chemical firms to collect and to dispose of wastes,



primarily liquid wastes, in conformance with  the new Law on the Disposal of Wastes.



He furnished his customers with documents showing that the wastes  were to be incin-




erated.  In actuality, he had most of them dumped on old refuse heaps,  in fields



and even in the gullies of sewerage systems.   Groundwater pollution  resulted through



seepage.  Prosecutors sought to convict him of offenses against Section 33 of the



Water Management Law, which provides that anyone who intentionally or carelessly



deposits substances so as to cause dangerous  pollution or any other detrimental al-




teration of water quality is subject to imprisonment, fine or both.   The High Crimi-



nal Court in Hanau found insufficient evidence to convict Plaumann on this count,



however.  It ruled that the prosecution would have to prove first that wastes dumped



on Plaumann's orders had actually caused the  existing pollution   and secondly that


                                              56
only these substances had polluted the waters.    In the end, Plaumann was sentenced



to two and one-fourth years imprisonment on 14 counts of fraud, based on the fact



that he had charged contracting firms for incineration of wastes but had actually



dumped the wastes at considerably less  cost.   He had thus defrauded these firms of



nearly 160,000 marks.




          The ruling in this case regarding the Water Management Law has shown that



it could be extremely difficult to convict an individual of polluting water  under



the provisions of section 38, since it  may be difficult to provide  concrete  evidence

                                                                  r Q

that a particular person has caused a given instance of pollution.     To close such




                                        -54-

-------
                                                 1
gaps in existing legislation, the Federal Ministry of Justice has proposed a draft

Sixth Law To Reform the Criminal Code, which would make the act of polluting in

itself a punishable offense.
                                       -55-

-------
 Numbers in brackets following entries are the identification numbers assigned to
 documents which have been abstracted for the Foreign Exchange Documents Program
 of the  EPA Office of International Activities.   Copies of documents are filed under
 these numbers at the EPA Headquarters Library in Washington, D.C.


 1.   Werner Kunz and Horst Rittel.   "Project UMPLIS:   Environmental Planning Informa-
       tion System - Functions and Organization."  JJmwel_t_: 	Forschung, Gestaltung,
       Schutz, no. 3, 1973, pp 43-47.  [ID //01871A]

 2.   United States.   Department of State.  "Federal Environment Office in Berlin."
       Department of State Airgram, no. A048, (Berlin:  U.S. Mission Berlin,
      March 24, 1976),  pi.

 3.   Heinhard Steiger and Otto Kimminich.  Law and Tractive Relating to Pollution
       Control in Member States of the European Communities.  Ge rmany, Section I,
       (London:  Environmental Resources, Limited, 1974), p 8.  [ID #03322A]

 4.   Germany, Federal Republic of.   Federal Ministry of the Interior.  Report of
       the Federal Republic of Germany on the Human Environment,  (Bonn:  Federal
       Ministry of the Interior, 1972), pp 66-67.

 5.   "Environmental Protection Measures of the. Federal Interior Ministry as of
       January 1, 1974."  Umwe.lt:	Informationen des BundesTiinisters des Innern
       zur Umweltplanung und zum Urveltschutz, no. 29, 1974, p 11.  IlD //O2025A]

 6.   Christian Schneider.  "Life or Death for Environmental Sinners."  Sdddeut.-.che
       ZeUung (Munich), April 6,  1973, p 23.  [ID //02027A]

 7.   Report of the Federal Republic of Germany on the Human Environment, op. cjLjt^. ,
       p 18.           "     "          ~             ~

 8.   Otto Model and Carl Creifelds.  Staatsbthrgertaschenbuch,  (Munich:  C. H.
       Beck'sche Verlagsbuchhandlung, 1971), pp 109-110.

 9.   "Draft of a Law To Amend the  Constitution (Article 74, no. 24 - Water Management)
       Umwelt:  Informationen des  Bundesministers des  Innern  ?.ur  Umweltplanung und_
       zum Umwelt s chutz, no,  21, 1973, pp 5-8.

10.   "Compromise on Water Protection."  S U d_de_u t s ch e Ze i t un g,  January 16, 1976, p  5.
       [ID //03383A]                         "     '

11.   "Water Law for the Land North Rhine-Westphalia."  in Manfred Czychowski.
       Wasserrecht Nordrhcin-Westfalen, 2nd ed.,  (Cologne:  Deutscher  Gemeindeverlag,
       1968), pp 27-94.

12.  Heinhard Steiger and Otto Kimminich, ojp_. cit. , Section  I, p  50.

13.   ibid., p 8.

14.   ibid. , pp 23-24.

                                         -56-

-------
15.   Germany, Federal Republic of.  Federal Ministry of the Interior.
       7. um Umweltprogramm der Bundesj^ej>ieriing  (Matejijils Relating to th_e_ Environmental
       Program of the Federal German Government),  (Bonn:   Federal Ministry of  the
       Literior, October 14, Um), pp TiT-136~   [ID //00354A]
16.  "Interview:  M1K (Miximum Immission Concentration) Values  Serve. To  Protect
       the Population."  Umwelt:  Forsrhung, Gestaltung,J3chutz^, no. 5,  1973,  pp  35-36.
       [ID //01998A]
17.  ibid.

18.  As in the case of the "May 26, 1972 Law to  the  Convention  of  September  16, 1968
       on the Limitation of  the Use of Certain Detergents  in Washing and Cleaning
       Agents."  Bundesgesetzblatt , Part II, 1972, pp  553-562.

19.  Otto Model and Carl Creifelds, op_. cit . , p  111.

20.  Heinhard Steiger and Otto Kimminich, op . cit . ,  Section  I,  p 14.

21.  W. Schenkel.  "Environmental Protection in  the  Ruhr Area." In:   Bin Planet
       verrottet:  Diskussionsbeitrag zum UmweJLtschutz.   (Essen:   Siedlungsverlag
       Ruhrkohlenbezirk, 1971), pp 213-228~^l7"I02075A] and Manfred Czychowski,
       ojp. cit. , pp 241-258.

22.  Jorg Neikes.  "Smog Danger on 50 Days."  Umwelt:   Forschung,  Gestaltung,  Schutz,
       no. 3, 1973, pp 28-31  [ID //02074A]

23.  W. Schenkel, op. cit. ,  pp 213-228.

24.  "Surprise Action in Industrial Concerns."   Die__Welt_,  June  6,  1974,  p 2.  [ID  #02020

25.  Peter Frey.  "Only Hamburg Constitutes  an Exception." Umwelt : Fors chung ,
       Gestaltung, Schutz, no. 2, 1973, p 40.    [ID  //02032A]

26.  "Interview:  The Prosecuting Attorney  for Environmental Protection."  Uj5^.ltL:
       Forschung, Gestaltung, Schutz , no. 1, 1973, p 36.   [ID #01051 A]         ~

27.  Volker Frielinghaus .  "...Close Down the Entire Chemical Industry?"  Umwelt :
       Forschung, Gestaltung, Schutz, no. 2, 1973, p 20.   [ID //01293A]

28.  "Most Offenses Are Against Water Protection."   Umwelt_;  Forschung,  Gestaltung,
       Schutz, no. 5, 1975,  p 6.

29.  Volker Frielinghaus, op . c it . , p 20.

30.  "interview:  The Prosecuting Attorney...,"  op.  cit. ,  p  36.

31.  Peter Frey, op_. _cit_. , pp 41-42.

32.  The New Encyclopaedia Britjmnica.  Macropaedia, vol.  8,  (Chicago:  Encyclopaedia
       Britannica, Inc., 1975), p 57.

33.  ibid.


                                        -57-

-------
34.   Hans-Dietrich Genscher.   "Speech on the Occasion of the German Federal Diet's
       Discussion of the Federal Government's Environmental Program on December 3,
       1971."  Umv/eltschutz,  no. 9,  1971, p 4.

35.   Britannica, op. cit. ,  p  53.

36.   ibid.

37.   Environmental Report  '76 - Follow-up to the Environmental P rogramme of the
       Federal Government:   Summary, (Bonn?, July 14, 1976), p 6.

38.   "Compromise on Water Protection," op. cit., p 5.

39.   Expenditure Estimates  Relating to Pollution Control in Germany for the Perlod
       to 1980.  Summary of a Study Conducted on Behalf of the Federal Ministry of
       the Interior, (Bonn:  Federal Ministry of the Interior(?),  September 1975),
       pp 12-13T"

40.   ibid.

41.   ibid., p 8.

42.   ibid., p 11.

43.   Heinhard Steiger and Otto Kimminich, op. cit., Section I, p 38.

44.   "July 31, 1974 Official  Notification of the Official Conditions  for the Award
       of ERP Funds as Well as  the Guidelines for Granting ERP Loans."
       Bundesan?ei ger, no.  142, August 3, 1974, pp 1-4; and "August 5, 1974 Circular
       Letter of the Federal  Minister of  the Interior on the1 Allocation of Credits
       for the Construction of  Facilities for the Maintenance of Air  Purity From
       ERP Special Funds."   Geme ins ames Ministerialblatt, no. 25,  September 12, 1974,
       p 464.

45.   Heinhard Steiger and Otto  Kimminich, pp. cit.,  Section I, p 38.

46.   Peter Frey, "Survey on Plant Commissioners for Environmental   Protection:  The
       Pro's anJ Con's Balance  the Scale." !  Umwelt:  Forsc-Lang, Gestaltung, Schutz,
       no. 6, 1972, p 18.   [ID  #01352A]

47.   Heinhard Steiger and Otto  Kimminich, op. cit. ,  Section 1, p 22.

48.   ibid.

49.   Hans-Dietrich Genscher, op. cit., p  3.

50.   Gernot Gieseler and Klaus  Wahl.  "Recycling - Raw Materials From Waste Products.1
       Dornier Post (English Edition), no. 4, 1973, pp 2.3-27.   [ID //01749A]

51.   Horst Menk.  "In Spite of  Recession, No Standstill in  Water Protection."
       Wasser, Luft und Be.trieb, February 1976, p 54.   [ID  '"0360'A]
                                        -58-

-------
52.  "The Environmental Forum."  Umwelt:  In^fprmationen des jkmdcs ministers des
       Innern zur Umweltplanunj> und zum Umweltschutz, no. 26, 1973, pp 19-20.

53.  "A Lot of Bad Stuff."  Det^Spiegel, vol. 27, no. 39, September 24, 1973,
       p 34.  [ID //02001A]

54.  Gerd Lobin.  "About Plaumann's Guilt...."  Umwelt:  Forschung, Gestaltung,
       Schutz, no. 1, 1976, p 12.

55.  ibid.

56.  Gerd Lobin.  "More Than Two Years  for Environmental Sinner Plaumann."
       Frankfurter Allgemeine Zeitung, December 24, 1975, p 7.  [ID //03387A]

57.  Gerd Lobin.  "About Plaumann's Guilt...." O. cit. , p 12.

58.  ibid. , p 13.
                                         -59-

-------
Bibliography


          Publications that were of significant value in the preparation of this
study and are recommended for those undertaking research on environmental protection
in the Federal Republic of Germany are listed below.

     1.  Burhenne, W., ed.  Umweltrecht:   Raum und Natur.  Berlin:  Erich
           Schmidt Verlag, 1972-.  [Loose-leaf format; continuously updated]

     2.  Feldhaus, Gerhard, comp.  Umweltschutz:
           Cologne:  Deutscher Gemeindeverlag, 1971."  [TV //00202A]

     3.  Germany, Federal Republic of.  Federal Ministry of the Interior.
           Report of the Federal Republic of Germany on the Human Environ-
           ment (Prepared for the United Nations Conference on the Human
           Environment, June 1972, Stockholm Sweden by the Federal Government
           With the Assistance of the Lands).  Bonn:  Federal Ministry of the
           Interior, May 1972.

     4.  Germany, Federal Republic of.  Federal Ministry of the Interior.
           Urnwelt:  Informationen des Bundesministers des Innern zur Umwelt-
           planung und _z_um Umweltschutz.   Bonn:  Federal Ministry of the Interior.
           [published periodically.  Prior to 1973, published under the title
           Umweltschutz].

     5.  Steiger, Heinhard and Otto Kimminich.  Law and Practice Relating to
           Pollution Control in Member States of the European Communities.
           Germany.  London:  Environmental Resources, Limited, 1974  [ID //03322A];
           and 1975 Supplement.  [ID #033223]

     6.  Umwelt:  Forschung, Gestaltung,  Schutz.  Dllsseldorf:  Verein deutscher
           Ingenieure.  [published six times a year].

The texts of laws and regulations may be found in:

     1.  Bundesgesetzblatt, Part I.  Bonn:  Federal Ministry of Justice,  [ongoing
           pub.]  [Texts of federal laws and major ordinances]

     2.  Bundes geset zb1 a 11, Part II.  Bonn:  Federal Ministry of Justice,  [ongoing
           pub.]  [Texts of treaties, international agreements, etc. and laws
           relating to same]

     3.  Bundesanzeiger.  Bonn:  Federal Ministry of Justice.  [ongoing pub.]

     4.  Gemeinsames Ministerialblajtt.  Bonn:  Federal Ministry of the Interior
           and others.  [ongoing pub.]
                                       -60-

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                                     AJ'PENDIX

                     ENVIRONMENTAL LAWS AMD REGULATIONS OF THE
                            FEDERAL REPUBLIC OF GERMANY
                              INCLUDED IN THIS REPORT

                                NATIONAL PROVISIONS

                                      GENERAL                            LJEL Ji 

April 12, 1972 Thirtieth Law Amending the Constitution (Article 74 -
   Environmental Protection)                                             00384A

July 22, 1974 Law Establishing a Federal Environment Office              02233A

August 15, 1974 Law Regarding Environmental Statistics                   02283A

February 21, 1975 Law To Amend the Income Tax Law and the
   Investment Allowance Law                                              03594A

September 9, 1975 Principles for the Testing of the Environmental
   Compatibility of Public Measures of the Federal Government            03679A

                                        AIR

March 15, 1974 Lav on Protection From Harmful Environmental
   Influences of Pollution, Noise, Vibrations, and Similar
   Processes (Federal Nuisances Control Law) [in German]                 02033A
                                             [in English]                02033H

August 28, 1974 First Regulation for Implementation of the Federal
   Nuisances Control Law  (Regulation of Furnaces)                        02033F

August: 28, 1974 Second Regulation for Implementation of the Federal
   Nuisances Control Law  (Regulation on Chemical Cleaning Plants)        02033C

January 15, 1975 Third Regulation for Implementation of the Federal
   Nuisances Control Law  (Regulation on the Sulfur Content of Light
   Heating Oil and Diesel Fuel)                                          02033K

February 14, 1975 Fourth  Regulation for Implementation of the Federal
   Nuisances Control Law  (Regulation on Facilities Requiring Permits)    02033L

February 14, 1975 Fifth Regulation for Implementation of the Federal
   Nuisances Control Law  (Regulation on Iirimissions Control Officers)     02033M

April 12, 1975 Sixth Regulation for Implementation of the Federal
   Nuisances Control Law  (Regulation on the Immissions Control
   Officer)                                                              02033N
*Theso are the identification numbers  assigned  to  documents  abstracted  for
the Foreign Exchange Documents  Program of  the EPA  Office  of  International
Activities.

                                        -61-

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                                                                         I.D. NO.
December 18, 1975 Seventh Regulation for Implementation of the
   Federal Nuisances Control Law (Ordinance To Limit Emissions
   of Wood Dust)

August 28, 1974 Technical Instructions for Maintaining Air
   Purity (TA Air)                           [in German]
                                             [in English]

April 8, 1975 Administrative Regulation on Determination of Air
   Quality in Heavily Polluted Areas

August 5, 1971 Law To Reduce Air Pollution From Lead Compounds in
   Fuels for Motor Vehicles (Leaded Gasoline Law)

December 7, 1971 Ordinance for the Implementation of the Leaded
   Gasoline Law
02033P
02033G
02033J
02033R


01312A


01312B

01312D
November 25, 1975 Law To Supplement the Leaded Gasoline Law

Order on Admission to Road Traffic in the Version of November 15, 1974

June 16, 1975 Ordinance To Amend the Order on Admission to Road Traffic  03348A

                                       NOISE

July 16, 1968 Technical Guidelines for Protection Against Noise          02727A

March 30, 1971 Law on the Protection Against Aircraft Noises             00919A

1974 Ordinances Establishing Noise Protection Areas for Commercial
   Airports in the Federal Republic of Germany                           00919E

March 4, 1974 Ordinance Establishing a Noise Protection Area for
   the Commercial Airport of Duesseldorf                                 00919D

1974 Ordinances Establishing Noise Protection Areas for Military
   Airports in the Federal Republic of Germany                           00919F

1975 Ordinances Establishing Noise Protection Areas for Commercial
   Airports in the Federal Republic of Germany                           00919G

1975 Ordinances Establishing Noise Protection Areas for Military
   Airports in the Federal Republic of Germany                           00919H

April 5, 1974 Ordinance on Structural Noise Reduction  Requirements
   Pursuant to the Law on Protection Against Aircraft  Noise              00919B

Air Traffic Regulations in the  Version of November 4,  1968, as  Amended  00914B

Air Navigation Law in the Version of November 14, 1968                  00912A

November 28, 1968 Regulations on Admission to Air Traffic                00913A
                                        -62-

-------
                                                                         I.D.  NO.
July 28, 1976 Eighth Regulation for Implementation of the Federal
   Nuisances Control Law (Lawn Mower Noise)                              02033X

August 19, 1970 General Administrative Provisions on Protection
   Against Construction Noise - Noise Immissions                         00917B

December 22, 1970 General Administrative Provision on Protection
   Against Construction Noise - Measuring Procedure for Emissions        00917C

December 6, 1971 General Administrative Provision on Protection
   Against Construction Noise - Emission Standards for Cement
   Mixing Installations and Cement Mixing Trucks                         00917D

August 16, 1972 General Administrative Provision on Protection
   Against Construction Noise - Emission Standards for Wheel Loaders     00917E

October 24, 1972 General Administrative Provision on Protection
   Against Construction Noise - Emission Standards for Compressors       00917F

March 28, 1973 General Administrative Provision on Protection
   Against Construction Noise - Emission Standards for Cement Pumps      00917G

May 4, 1973 General Administrative Provision on Protection
   Against Construction Noise - Emission Standards for Bulldozers        00917H

May 14, 1973 General Administrative Provision on Protection
   Against Construction Noise - Emission Standards for Tracked
   Loaders                                                               00917J

December 17, 1973 General Administrative Provision on Protection
   Against Construction Noise - Emission Standards for Excavators        00917K

December 19, 1952 Road Traffic Law, as Amended                           00907A

November 16, 1970 Road Traffic Regulations                               00908B

Instructions for the Measurement of Motor Vehicle Noise, New
   Version of  September 13, 1966                                         00910A

                                    PESTICIDES

May 10, 1968 Plant  Protection Law  in  the Version of October 2, 1975      00589E

March 4, 1969  Ordinance on  the Testing and  Licensing of  Plant
   Protection  Products                                                   00589B

July 23, 1971  Ordinance Concerning Prohibitions and Limitations
   of Use for  Plant Protection Products in  the Version of May  31,  1974   00589F

August  7, 1972 Law  on Traffic in DDT  (DDT Law)                           00313A

November 30, 1966 Ordinance Concerning Plant Protection  Materials,
   Pesticides, and  Stock Protection Materials in or on Foodstuffs
   of Vegetable Origin  (Pesticides Tolerances Ordinance), As Amended
   December  14, 1972                                                     00590A
                                       -63-

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                                                                         I.D.  NO,
                                     RADIATION

Law of December 23, 1959 for Amending the Constitution

December 23, 1959 Law Covering the Peaceful Uses of Nuclear
   Energy and Protection Against Its Hazards (Atomic Energy
   Law), as Amended

                                    SOLID WASTE

June 7, 1972 Law on the Disposal of Wastes

July 29, 1974 Ordinance on the Recording of Solid Wastes
   (Solid Waste Recording Ordinance)

July 29, 1974 Ordinance on the Collection and Transport of
   Solid Wastes (Solid Waste Transport Ordinance)

July 29, 1974 Ordinance on the Import of Solid Wastes (Solid
   Waste Import Ordinance)

                                       WATER

July 27, 1957 Water Resources Management Law, as Amended

April 26, 1976 Fourth Law To Amend the Water Management Law

September 13, 1976 Law Regarding Fees for the Discharge of
   Sewage Into Water Bodies  (Sewage Fee Law)

August 20, 1975 Law on the Environmental Compatibility of
   Washing and Cleaning Agents  (Washing Agent Law)

December 23, 1968 Law on Measures for Guaranteeing Waste Oil
   Disposal  (Waste Oil Law)

January 21, 1969 Regulation  for Implementing the Waste Oil Law

December 2, 1971 Second Regulation for Implementing the Waste
   Oil Law

February 6, 1975 Ordinance on Maximum Quantities of Mercury in
   Fish, Crustaceans, Shellfish and Mollusks (Mercury Ordinance,
   Fish)

January 31, 1975 Ordinance on Drinking Water and Utility Water
   in Foodstuffs Concerns (Drinking Water Ordinance)

August 24, 1965 Water Security Law

March 31, 1970 First Water Security Ordinance

September 11, 1973 Second Water Security Ordinance

                                       -64-
00692A



00693A



00114B


00114H


00114J


00114K



00478A

00478H


03887A


03343A


02028A

02028B


02028C



02806B


03551A

00479A

00479B

00479C

-------
July 10, 1975 Ordinance Pursuant to...the Law Regarding
   Environmental Statistics (Wastewater Harmfulncss Ordinance)           02283B
                                 STATE PROVISIONS

                                       WATER

May 22, 1962 Water Law for North Rhine-Westphalia                        00501A
                                       -65-

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