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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^lnd§j~], 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
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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 ]
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ENVIRONMENT DIVISION
OF THE FEDERAL MINISTRY OF THE INTERIOR
(Division U)
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Environmental Policy
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International Affairs
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General and Basic Matters
Section U II 2
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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.
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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
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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.),
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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
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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.
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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
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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.
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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
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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
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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
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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
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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
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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:
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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.
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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 0°C and 1013 millibar if the exhaust, air contains dust from grinding
or mixtures with grinding dust. Installations beginning operations after January 1,
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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
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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
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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 Noise—Noise 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 Noise—Measuring 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
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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,
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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.
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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
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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.
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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
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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
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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
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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
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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.
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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
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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.
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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
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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,
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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
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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.
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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-
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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 '76—Follow-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
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-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.
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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,
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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-
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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-
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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-
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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-
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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-
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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-
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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.]
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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-
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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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