Stationary/mobile waste treatment facilities – Notification

General information

Certain measures taken with respect to waste treatment facilities that have already been authorised only need to be notified to the competent authority.

Enterprises affected

Operators of stationary and/or mobile waste treatment facilities

Requirements

This applies to the following cases:

• Modifications to upgrade to the state of the art
• Treatment or storage of additional types of waste
• Other changes in the methods and the safety measures to be used
• Suspension of operations
• Waiver of the right to treat certain authorised types of waste or restriction of the approved capacity
• Site closure of treatment facilities or of a part of the facilities or closure of a landfill or of a landfill section or termination of the aftercare measures for the landfill or closure of an IPPC treatment plant
• Other modifications subject to notification under the provisions applicable in addition in the application procedure or under the construction code of the relevant Federal Province
• Other changes which do not adversely affect the emission behaviour of the installation

Deadlines

The following actions have to be notified to the competent authority. three months in advance:

• Modifications to upgrade to the state of the art
• Treatment or storage of additional types of waste
• Other changes which do not adversely affect the emission behaviour of the installation
• Other modifications which are subject to notification under the provisions applicable in addition in the application procedure or under the construction code of the relevant Federal Province

The following actions may be implemented on receipt of the notification at the competent authority:

• Suspension of operations
• Waiver of the right to treat certain authorised types of waste or restriction of the approved capacity
• Site clousre or definitive cessation of activities of treatment facilities or of a part of the facilities, or site closure of a landfill section or termination of the aftercare measures for the landfill or closure of an IPPC treatment plant
  (Note: In case of site closure or definitive cessation of activities of an IPPC treatment plant, an assessment and, if necessary, a presentation of the measures must be submitted to the authority togehter with the notification.)
• Other changes which do not adversely affect the emission behaviour of the installation

Competent authority

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

• As the authority in charge of facilities: The Provincial Governor^{German text}
• The Provincial Governor^{German text} may delegate procedures and supervision to the district administrative authority [Bezirksverwaltungsbehörde]

Procedure

There is no special procedure to be followed.

Required documents

Where necessary, the following documents have to be enclosed with the notification 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: In addition, 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, treatment methods, and a list of the machinery and of any other equipment of the facilities)
• A presentation of the facility's energy efficiency if it is a facility for incineration or co-incineration with energy recovery
• 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 precautions for compliance with the treatment obligations according to the Abfallwirtschaftsgesetz (AWG)

A notification about a closure or cessation shall be accompanied by an assessment and, if necessary a presentation of the measures.

A notification about other changes which do not adversely affect the emission behaviour of the installation shall be accompanied by a substantiated statement that the emission performance of the treatment facility will not be adversely affected.

In case of a notification of a landfill project, where necessary, the following additional documents have to be attached in quadruplicate:

• 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 the measures planned to protect the environment, in particular 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 to 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 the follow-up measures, in particular a monitoring plan
• Information about the type and scope of surety
• Presentation of cost coverage for
  • construction,
  • the estimated costs of operation,
  • abandonment and
  • follow-up in the amount to be charged for the dumping of all wastes on the landfill.

Costs and fees

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

Legal bases

• For stationary treatment facilities:
  section 37 paragraph 4 in conjunction with section 51 of the Abfallwirtschaftsgesetz (AWG)
• For mobile treatment facilities:
  section 52 paragraph 6 in conjunction with section 51 of the Abfallwirtschaftsgesetz (AWG)