Hazardous waste – Managing director

General information

If hazardous waste (except asbestos cement)

• is to be collected and/or treated by a legal person or
• if the person collecting or treating the waste fails to furnish proof that she/he herself/himself has the necessary technical know-how and skills,

a full-time employee must be appointed as managing director in the field of waste management ["abfallrechtliche Geschäftsführerin/abfallrechtlicher Geschäftsführer"]. The appointment requires a permit.

The authority must be notified of the termination of the appointment of the waste managing director.

Enterprises affected

Enterprises, where

• hazardous waste (except asbestos cement) is to be collected and/or treated by a legal person or
• where the person collecting or treating the waste fails to furnish proof that she/he herself/himself has the necessary technical know-how and skills.

Requirements

Only those persons can be appointed as waste managing directors that

• are reliable with respect to the activity to be carried out and have the technical know-how and skills required for the collection and treatment of the wastes for which the permit is granted;
• satisfy the requirements of a responsible person in charge ["verantwortliche Beauftragte/verantwortlicher Beauftragter"] as set out in section 9 of the Verwaltungsstrafgesetz (VStG); and
• is in a position to act accordingly at the enterprise.

Deadlines

Competent authority

The Provincial Governor^{German text}

Procedure

The application for the permit concerning the appointment of the waste managing director must be filed with the competent authority. Using in particular the documents provided, the latter checks whether the requirements for the appointment of the concrete person as waste managing director have been fulfilled and decides on the issue by official notice.

Required documents

For the appointment: Proof of the fulfilment of the requirements.

Costs and fees

Costs depend on various ordinances on levies and fees. It is recommendable to gather more detailed information from the competent authority beforehand.

Further information

If the waste managing director leaves the enterprise, the person holding the permit must, without delay, notify to the competent authority, appoint a new waste managing director and apply for the corresponding permit. If this appointment and the application are not carried out within three months, the activity has to be stopped.

Legal bases

section 26 of the Abfallwirtschaftsgesetz (Waste Management Act – AWG)