Stationary waste treatment facilities – Authorisation

General information

The establishment, the operation and any major changes concerning stationary waste treatment facilities must be approved by the competent authority.

Enterprises affected

Operators of stationary waste treatment facilities.

Deadlines

In good time prior to the establishment, the operation or major change concerning the facilities.

Competent authority

The waste management authority which is locally in charge of the site.

• The Provincial Governor^{German text}
• The Provincial Governor may delegate procedures and supervision to the district administrative authority [Bezirksverwaltungsbehörde].

Procedure

There is no special procedure to be followed.

Required documents

The following documents have to be attached to the application for authorisation in quadruplicate:

• Information about the suitability of the intended site
• Information about the type, purpose, scope, and duration of the project
• Land register identification of the property affected by the treatment facilities, indicating the name of the owner and enclosing an extract from the land register (not older than six weeks)
• If the applicant is not himself/herself the owner additionally the written consent of the property owner on whose property the treatment facilities are to be established
• Indication of the name of the owner of any lawfully practised water utilisation
• Description of the operation (including information about the types of waste to be treated, the treatment methods, the capacity and a list of the machinery and other equipment of the facilities)
• For facilities covering incineration or co-incineration with energy recovery, a description of the energy efficiency
• Construction specifications with the necessary designs and drawings
• Waste management plan
• Description of the anticipated emissions from the treatment facilities and information about the prevention or, if this is not possible, the reduction of emissions
• Description of the measures taken to ensure compliance with the treatment obligations as provided for in the Abfallwirtschaftsgesetz 2002

In case of an application for authorisation of a landfill the following has to be enclosed in four copies in addition to the documents set out above:

• Information about the hydrological, geological and water management characteristics of the site
• Information about the (sub-)type of landfill and the planned total volume
• Operating and monitoring plan (including a description of measures planned to protect the environment, in particular the air and water bodies, indicating the planned measuring methods, information about the technical landfill requirements and the safety engineering measures)
• Information about measures to prevent incidents and control their consequences for man and the environment
• Information about the measures planned for the case of abandonment of the landfill operation (preliminary abandonment plan) and follow-up measures, in particular a monitoring plan
• Information about the type and scope of surety
• Presentation of the coverage for costs of construction, the estimated costs of operation, abandonment and follow-up in the amount to be charged for the dumping of all wastes in the landfill

Costs and fees

Costs depend on the various ordinances on levies and fees. Please ask the competent body in advance.

Legal bases

sections 37 in conjunction with sections 38 and 39 of the Abfallwirtschaftsgesetz (AWG)