Waste – Processing contract

General information

The administrative authority must instruct the obliged entity to carry out the necessary steps and/or prohibit any activity in breach of the regulations if

• waste is not lawfully collected, stored, shipped or processed or
• the safe treatment of waste is required to prevent public interest being negatively affected.

Enterprises affected

• The person responsible for the waste or the person causing the public hazard or
• under certain conditions also the legal owner of an immovable property or the assignee of the property owner

Requirements

The obliged entity that is

• responsible for the lawful collection, storage, shipping, transfer or treatment of waste or
• has put the public interest at risk (even if not at fault).

 The processing contract can be granted to the legal owner of an immovable property at which the waste is located if

• the obliged entity cannot be determined or
• is not legally capable of fulfilling the processing contract or
• cannot be instructed for other reasons.

The processing contract is possible especially when he has agreed to the storage or deposit of the waste or has tolerated it and has omitted to take reasonable defensive measures.

The assignee of the property owner will also be liable, if they were aware of the storage or deposit or must have been aware if proper attention was paid.

In cases like this, it is therefore recommended to enquire with the relevant body in advance.

Competent authority

The waste management agency that is responsible for the area in which the business is located

• The → District Authority^{German text}
• in chartered urban districts: the → Municipal Administration^{German text}
  • in Vienna: the MA (Municipal Department) 22 (→ City of Vienna)^{German text}
• If certain measures (e.g. investigations, regular samples) are required in connection with legally or de facto closed land fill sites: → Governor^{German text}

Procedure

The administrative authority officially becomes active.

Costs and fees

The costs are determined by various regulations on charges and fees. It is recommended that you obtain more detailed information from the responsible authority in advance.

Legal bases

Sections 73, 74 of the Abfallwirtschaftsgesetz (Waste Management Act – AWG)