Waste – Disposal
- Transfer to authorised collectors/processors
- Take-back of waste by trade
- Responsibility for the full recovery or disposal of the waste
- Further links
- Legal basis
Persons/companies who are not authorised to process waste accordingly are legally obliged to transfer waste to a party authorised to collect or process waste. The same applies for persons/companies that are authorised to process waste accordingly but are not able to do so. This transfer must be done promptly enough to ensure that public interests are not negatively affected.
In general, these rules also apply for persons/companies from other countries, e.g. EU Member States who are active in Austria.
Waste must be transferred in good time so as not to prejudice public interest – at least once every 36 months – to a party authorised to collect or process waste for collection or treatment.
Small businesses in particular (e.g. offices) will generally only produce municipal waste. In this case, the waste can be disposed of in exactly the same way as household waste. The communal removal of municipal waste is regulated by federal province law and differs from province to province.
Waste may generally only be transferred to parties that are authorised to collect or process this waste, i.e. only to collectors or processor that have a special permit as per the Abfallwirtschaftsgesetz 2002 or to to such transferees who are expressly exempted from permits by the Abfallwirtschaftsgesetz 2002 (e.g. "permit-free transferees"). Records must be kept regarding these transfers of waste.
Companies that process their own waste in their own facilities must make a report to the governor (annual waste balance).
Only if the hazardous waste generated in the company is comparable in terms of the type and quantity with the hazardous waste usually generated in private households is considered to be problematic material and can also be handed over to the municipality's problematic material collection centre.
Original waste producers also meet their legal obligation to transfer waste lawfully, if they return waste to those legal entities (traders) from whom they were purchased as (part of the) goods.
As a take-back firm that does not require permission, the trader does not require any special entitlement to transfer the waste if they meet the following conditions:
- they deliver goods commercially and take back waste from these or similar goods in order to deliver them to an authorised waste collector, i.e. they do not process the collected waste themselves and
- they sell goods commercially and only prepare this waste for reuse (e.g. cleaning, repair).
- the quantity of hazardous waste taken back is not disproportionately greater than the quantity of goods delivered over in both of the above cases. They must keep a record relating to this and present this to the administrative authority if requested to do so.
The waste taken back must only be transferred by the party taking back the waste (trader) to authorised persons (in the case of hazardous waste, the accompanying document must also be observed).
In the case of preparation for reuse by a permit-exempt take-back firm, the latter must report waste balances on the waste prepared for reuse.
Waste holders must transfer the waste to an authorised waste collector or waste processor for the collection or processing of the waste type in question and to explicitly instruct them to recover or dispose of this waste in an environmentally friendly manner. If these conditions are not met, the waste holder continues to bear responsibility for the waste and can be tasked with a processing contract as the obliged entity.
By submitting a request to the competent body or by requesting to view details in the public register on the EDM portal, the waste holder can ensure that the waste collector or waste processor has the relevant entitlement. It must be possible to provide documentary evidence of the instruction of environmentally friendly recovery or environmentally friendly disposal; this can be done by way of a written contract, for example.
- EDM portal (→ edm.gv.at)German text
(including a search for registered waste collectors and processors, as well as locations).
- Abfallwirtschaftsgesetz 2002 (AWG 2002) (Waste Management Act 2002)
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