Amendment Of The Waste Management Act 2002 (Amendment To Awg Industrial Emissions) And Old Loads Rehabilitation Act

Original Language Title: Änderung des Abfallwirtschaftsgesetzes 2002 (AWG-Novelle Industrieemissionen) und des Altlastensanierungsgesetzes

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103. Federal law amending the Waste Management Act 2002 (AWG Novel Industrial Emissions) and the Waste Relief Law

The National Council has decided:

table of contents

Type/Clause

Object/Label

Item

1 Amendment of the Waste Management Act 2002

Item

2 Amendment of the Waste Disposal Act

Article 1

Amendment of the Waste Management Act 2002 (AWG-Novelle IndustrieEmissions)

The Waste Management Act 2002 (AWG 2002), BGBl. I n ° 102/2002, as last amended by Federal Law Gazette (BGBl). I No 35/2012, shall be amended as follows:

1. In the table of contents, the following entry is added to § 43a:

" § 43a.

Application of BVT-conclusions for IPPC treatment plants "

2. In the table of contents, the following entry is added to § 47a:

" § 47a.

Emission limit values, equivalent parameters and equivalent technical measures for IPPC treatment plants "

3. The entry in the table of contents is § 57:

" § 57.

Review and update of approval for an IPPC treatment plant "

4. The entry in the table of contents is § 62:

" § 62.

Monitoring of treatment facilities and measures for the operational and final phase "

5. The following entry is added to § 63a in the table of contents:

" § 63a.

Environmental inspections for IPPC treatment plants "

6. In the table of contents, the following entry is added to § 73a:

" § 73a.

Disclosure requirements and compensation "

7. In the table of contents, the following entry is added to § 78a:

" § 78a.

Transitional provisions on industrial emissions of AWG "

8. § 2 para. 8 Submission statement reads:

"In the sense of this federal law is or are"

9. In § 2 para. 8 Z 1 the phrase " "State of the art" the level of development, based on the relevant scientific findings, " by the phrase "state of the art" (best available techniques-BAT) of the level of development based on the relevant scientific findings ".

10. § 2 (8) (3) the following phrase shall be added:

"A major change in a treatment facility shall also apply to a change or extension which will reach the capacity thresholds in Annex 5;"

11. In § 2 (8), the point at the end of the Z 6 shall be replaced by a line-point and the following Z 7 to 14 shall be added:

" 7.

"BAT reference sheet" means an industrial emissions (integrated pollution prevention and control) ('Integrated Pollution Prevention and Control ') ('the IE Directive'), in accordance with Article 13 of Directive 2010 /75/EU ('the IE Directive '), OJ L 327, 28.5.2010 No. OJ L 334, 17.12.2010, as amended by the corrigendum OJ L 327, 22.12.2010, p. No. 25., organised information exchange document, which is drawn up for certain activities, and in particular the techniques used, the current emission and consumption levels, which are used for the definition of the describe the best available techniques and the BAT conclusions, as well as all future techniques, taking particular account of the criteria set out in Annex 4;

8.

"BAT conclusions" means a document containing the parts of a BAT reference sheet containing the conclusions on the best available techniques, their description, information on the evaluation of their applicability, the techniques available with the best available techniques the associated emission values, the accompanying monitoring measures, the associated consumption values and, where appropriate, relevant site remediation measures;

9.

"emission values associated with the best available techniques" means the range of emission values under normal operating conditions using the best available techniques or a combination of best available techniques in accordance with the description in the BAT conclusions, expressed as a mean value for a given period under specific reference conditions;

10.

"future technology" means a new technique for industrial activity which, in the case of commercial use, could offer either a higher general level of environmental protection or at least the same level of environmental protection and greater cost savings than existing ones best available techniques;

11.

"dangerous substances" means substances or mixtures as referred to in Article 3 in conjunction with Article 1 (3) of Regulation (EC) No 1272/2008 on the classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67 /548/EEC and 1999 /45/EC and amending Regulation (EC) No 1907/2006, OJ L 327, 30.12.2006, p. No. 1., as last amended by Regulation (EU) No 286/2011, OJ L 353, 31.12.2008, p. No. OJ L 83, 30.03.2011, p. 1;

12.

"baseline report" information on the state of pollution of the soil and groundwater by the relevant hazardous substances. The report shall contain the information necessary to identify the state of soil and groundwater pollution, so as to make a quantified comparison with the state of the installation, decommissioning or final closure of the plant. can be made. The report shall contain at least:

a)

information on the current use and, if available, on the earlier use of the site;

b)

-if available-existing information on soil and groundwater measurements that reflect the condition at the time of preparation of the report, or, alternatively, new ground and groundwater measurements with regard to the possibility of pollution of the soil and groundwater by the dangerous substances used, produced or released by the treatment plant in question;

13.

"Floor in Z 12 as well as in § § 39 (3) Z 9, 51 (2a), 62 (9), 65 (1) (3a) and 78a (3) and (4))" the topmost layer of the earth's crust, which is located between the basic rock and the surface. It consists of mineral particles, organic material, water, air and living organisms;

14.

"environmental inspections" shall include all measures, including on-the-spot inspections, monitoring of emissions and verification of internal reports and follow-up documents, verification of self-monitoring, testing of the techniques used and the suitability of the Environmental management of the IPPC treatment plant, carried out by the competent authority or on its behalf, for the purpose of checking and promoting compliance with the authorisation by the treatment plant and, where appropriate, for monitoring its impact on the environment shall be taken. "

12. In § 3 paragraph 1 Z 5 lit. a becomes the quote " Regulation (EC) No 1774/2002 laying down health rules concerning animal by-products not intended for human consumption, OJ L 327, 31.12.2002, p. No. OJ L 273, 10. 10. 2002 S 1, as amended by Regulation (EU) No 595/2010 amending Annexes VIII, X and XI to Regulation (EC) No 1774/2002 laying down health rules concerning animal by-products not intended for human consumption, OJ L 327, 31.12.2002, p. No. OJ No L 173, 8. 7. 2010 S 1 " by quoting " Regulation (EC) No 1069/2009 laying down health rules for animal by-products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation), OJ L 327, 31.12.2002, p. No. 1., as amended by Directive 2010 /63/EU on the protection of animals used for scientific purposes, OJ L 300, 23.11.2010, p. No. OJ L 276, 20.10.2010 p. 33 " replaced.

13. In § 3 paragraph 1 Z 5 lit. b becomes the citation "Regulation (EC) No 1774/2002" by quoting "Regulation (EC) No 1069/2009" replaced .

14. In § 5 (1), first sentence, after the word order "As far as a Regulation as per para. 2" the phrase "or a Regulation in accordance with Article 6 (2) of Directive 2008 /98/EC on waste" inserted.

(15) The following paragraph 7 is added to § 5:

" (7) The Federal Minister for Agriculture, Forestry, the Environment and Water Management is the competent authority for the application of regulations pursuant to Article 6 (2) of Directive 2008 /98/EC on waste. A copy of the declaration of conformity shall be drawn up by the borrower of substances, products or objects which are no longer to be considered as waste in accordance with a Regulation referred to in Article 6 (2) of Directive 2008 /98/EC to another legal entity. of this Regulation. The records, evidence and declarations of conformity in accordance with these Regulations shall be kept for at least seven years. Storage in electronic form is permissible if the electronic documents are secured against data loss according to the state of the art. "

16. In § 6 (1) final section, after the phrase "at the request of the authorized person" the phrase "or at the instigation of the Federal Police in accordance with § 82 or the customs bodies in accordance with § 83" inserted.

17. In § 6 (2), the first sentence reads:

" In the case of Section 70 (3) or in the case of the Federal Police in accordance with Section 82 or by the customs authorities in accordance with Section 83, the District Administrative Authority shall have the notice of its own motion within a period of five working days from the date of referral. '

18. § 13a (1) third sentence reads:

" As a manufacturer of electrical and electronic equipment, everyone who is independent of the selling method, including distance selling within the meaning of Section 5a of the Consumer Protection Act (KSchG), applies to BGBl. No 140/1979,

1.

manufactures and sells electrical or electronic equipment under its brand name; or

2.

Reselling equipment from other suppliers under its brand name, where the reseller is not to be regarded as a manufacturer, provided that the brand name of the manufacturer is mounted on the device in accordance with Z 1, or

3.

Electrical or electronic equipment imports into Austria or runs from Austria for delivery to the final consumer or

4.

a)

To distribute electrical or electronic equipment in Austria to others than the final consumer,

b)

has its registered office in another Member State of the European Union; and

c)

has appointed an authorised representative to meet the obligations laid down in accordance with a Regulation in accordance with Article 14 of this Regulation in accordance with the conditions laid down in a Regulation

or

5.

Electrical or electronic equipment in Austria, with the aid of distance communication technology, directly to the final consumer, and established in another Member State or in a third country. "

19. In accordance with Section 13a (1), the following paragraph 1a is inserted:

"(1a) The Federal Minister for Agriculture, Forestry, the Environment and Water Management is hereby authorized to lay down detailed provisions on the order and the obligations of an authorised representative for manufacturers in accordance with paragraph 1 (1) (4) and (5) by Regulation."

20. The following paragraph 8 is added to § 15:

" (8) During the transport of substances, products or goods which are no longer to be regarded as waste in accordance with a Regulation referred to in Article 6 (2) of Directive 2008 /98/EC, a copy of the declaration of conformity shall be drawn up in accordance with the provisions of this Regulation. Regulation. "

21. In § 16 (7) (2), the word order shall be "to be treated as a treatment within the meaning of section 1 (2) (3)" through the phrase "properly eradicate" replaced.

22. The following sentence shall be added to Article 21 (1) Z 5:

"IPPC treatment plants shall be placed on the register after the oral proceedings before the authorisation of the treatment plant has been issued."

23. In § 21 (1), in the Z 6 the word "and" by a dash and at the end of the Z 7 the point by the word "and" replaced and the following Z 8 added:

" 8.

for IPPC treatment plants, the nature and scope of their activities in accordance with Annex 5, Part 1, and the main activity of the IPPC treatment plant. "

24. § 22 (1) Z 2 reads:

" 2.

an electronic register

a)

the data to be transmitted to the competent authority in accordance with the regulations adopted pursuant to this Federal Act or under this Federal Act,

b)

the data in accordance with § § 8 (3) (1) and (69) (1) and the EC Shipments of Waste (EC) on transboundary movements of waste,

c)

the data required for the fulfilment of the reporting obligations of the Federal Minister for Agriculture, Forestry, the Environment and Water Management and

d)

the data necessary for the performance of the tasks of the respective competent authority in the context of the enforcement of this federal law or of the regulations adopted pursuant to this Federal Act or in the context of the enforcement of other provisions for the protection of the People and the environment are needed, "

25. The following sentence shall be added to section 22 (1):

"The Federal Minister for Agriculture, Forestry, Environment and Water Management will be authorized to further develop the registers according to the state of the art."

26. In § 22 (2), at the end of Z 16, the point shall be replaced by a dash and the following Z 17 shall be added:

" 17.

The nature and scope of the activities of installations and summaries of installations, including activities referred to in Annex 5, Part 1, for IPPC treatment facilities and the name, address and date of birth of the non-official experts in installations. "

27. In § 22, paragraph 6 is replaced by the following paragraphs 5d, 6 and 7:

" (5d) In coordination with the Federal Minister for Agriculture, Forestry, the Environment and Water Management, the State Governments may, within the framework of their competence, register the registers for the performance of their tasks in the independent sphere of action of the Länder. Use the provisions of the national regulations. The same applies to the authorities and bodies which carry out these matters in the sphere of action of the countries.

(6) The Federal Minister for Agriculture, Forestry, the Environment and Water Management is authorized to provide for waste producers, with the exception of private households, for transporters, to the extent that they carry waste, for non-official experts, for experts and for for authorized specialists or specialist institutions in the register in accordance with § 22 (1), in addition to the identification numbers, use the abfalleconomic master data according to paragraph 2 (2) (1) to (4), (10), (12) and (16). The waste producers, the transporters, the unofficial experts, the experts and the authorized specialists and specialist institutions shall be involved in the collection of these data.

(7) The Federal Minister for Agriculture, Forestry, the Environment and Water Management and, in coordination with this other information-related bodies, may register the registers for the dissemination of environmental information in accordance with Article 9 (3) of the Environmental Information Law (UIG), BGBl. No 495/1993, as last amended by the Federal Law BGBl. I n ° 50/2012. "

(28) The following paragraph 7 is added to § 22a:

" (7) The respective competent authority shall have access to IPPC treatment plants pursuant to § 40 (1c), information on the dismissal, decommissioning or final closure pursuant to § 40 (1d) and the summaries of the environmental inspection reports in accordance with Section 63a (7) of the Register. "

29. The following sentence is added to Article 37 (1):

"The permit requirement also applies to a refurbishment concept in accordance with § 57 (4)."

30. In § 37 (2), the following Z 3a is inserted after Z 3:

" 3a.

Treatment facilities for the preparation for re-use of end-of-life vehicles, waste electrical and electronic equipment, waste of type 53203 " Vehicles, machinery and equipment, with environmental-relevant quantities of dangerous components or ingredients (zB starter battery, brake fluid, motor oil) " according to the Waste Directory Ordinance, BGBl. II No 570/2003 in the BGBl version. II No 498/2008 and containers (repairers for repair, including those directly associated with them), provided that they are subject to the permit requirement in accordance with § § 74 ff GewO 1994, "

31. § 37 (2) Z 5 reads:

" 5.

Warehouse for waste, which is the permit requirement in accordance with § § 74 ff GewO 1994, according to the mineral raw material law or according to the emission protection law for boiler plants (EC-K), BGBl. I No 150/2004, except for IPPC treatment plants, "

32. According to the phrase, section 37 (3) of the introduction "The following treatment plants" the phrase "-if they are not IPPC treatment plants-" inserted.

33. In § 37 (4) (7) (7), the word order shall be followed before the line-point "or the dismissal of an IPPC treatment plant" .

34. In § 39 paragraph 1 Z 6, after the phrase "the treatment procedure" the phrase ", the capacity" inserted.

Section 39 (1) Z 8 reads as follows:

" 8.

a description of the waste to be expected during the operation of the treatment plant and a description of the measures to be taken to avoid, to prepare for re-use, recycling, other recovery and the disposal of the waste from the treatment plant, Waste management system (waste management concept according to § 10 para. 3); "

36. In Section 39 (3), the Z 8 shall be replaced by the following Z 8 to Z 11:

" 8.

information on the nature and extent of the activities of the IPPC treatment plant referred to in Annex 5, Part 1;

9.

a report on the initial state of pollution of the soil and groundwater on the site of the treatment plant if relevant hazardous substances are used as part of an activity of an IPPC treatment plant, is produced or released;

10.

the technology and other techniques to avoid emissions from the IPPC treatment situation or, where this is not possible, the reduction of emissions from the IPPC treatment;

11.

a general summary of the information referred to in Z 1 to 10 and in accordance with paragraph 1, Z 1, 2, 8 and 9. "

37. § 40 (1) first sentence reads:

" In the editorial part of a daily newspaper or a weekly newspaper widely used in the federal state, applicants, location, project name and brief description of the project are to be published and by reference to the The following documents can be accessed via a website (link)

1.

the application for an authorisation for an IPPC treatment plant in accordance with section 37 (1),

2.

the application for or updating an authorisation pursuant to section 37 (1) for an incineration or co-incineration plant subject to a regulation in accordance with section 65 (1) of this Regulation,

3.

the application for an update or update of an authorisation for an IPPC treatment plant pursuant to § 47a (3) or § 57 (3) Z 1

to be known. "

38. In § 40, the following paragraphs (1c) and (1d) are inserted:

" (1c) The wording of the authorisation, the name of the relevant BAT information sheet, the justification of the authorisation and any exceptions pursuant to § 47a (3) and § 57 (2) shall be made available to the public on the website edm.gv.at.

(1d) The following information shall be made available to the public-in relation to Z 1 also on the website edm.gv.at-:

1.

relevant information on the measures taken by the owner of the plant in the event of the dismissal, decommissioning or final closure pursuant to § 51 (2a) or § 62 (8), (9) and (10); and

2.

the results of the monitoring of the emissions required by the competent authority, as required by the permit. "

39. The following sentence shall be added to section 40 (2):

"In case of water-related transboundary effects, the boundary water commission should be informed in the event of a procedure being introduced."

40. In § 40 (3), first sentence, the word "Application documents (§ 39)" through the phrase "Documents referred to in paragraphs 1 and 1a" replaced.

41. § 40 (3) at the end of the last sentence before the point of the word order "and to make available information pursuant to paragraph 1c" inserted.

Section 40 (4) reads as follows:

Where information referred to in paragraphs 1 to 1d is transmitted under the procedure referred to in paragraph 1 relating to IPPC treatment plants in another State, the Authority shall have significant effects on the environment in its sphere of effect. shall be possible in accordance with the provisions of paragraphs 1 to 1d. Opinions delivered to the Authority shall be forwarded to the State in which the proceedings are carried out. Decisions taken in another State and which are available to the Authority shall be made available to the public in accordance with paragraphs 1c and 1d. In the case of water-related cross-border effects, the Commission shall inform the Boundary Water Commission of the procedure. "

43. § 43 (1) Z 5 reads as follows:

" 5.

The waste which cannot be preventable during the operation of the treatment plant shall, according to the state of the art, be supplied to a preparation for re-use, recycling or other recovery or, where this is not economically shall be properly disposed of. "

44. In accordance with § 43, the following § 43a shall be inserted with the title:

" Application of BVT conclusions for IPPC treatment plants

§ 43a. (1) BAT conclusions shall be applied as reference documents for the granting of an authorisation for an IPPC treatment facility with the date of publication in the Official Journal of the European Union.

(2) Conclusions on the best available techniques from BAT leaflets, presented by the European Commission before the 6. Until the existence of BAT conclusions as referred to in paragraph 1 above, as reference documents for the granting of a permit, in particular conditions, shall apply to an IPPC treatment plant, with the exception of the definition of Emission limit values according to § 47a (2) and (3).

(3) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has to publish the BAT conclusions and BVT information sheets relevant for IPPC treatment plants on the website edm.gv.at. "

45. In Section 47 (1) (1) (1), after the phrase "Waste types and quantities" the phrase " , the capacity " inserted.

46. § 47 (3) Z 1 reads as follows:

" 1.a)

Emission limit values for pollutants according to a regulation according to Article 65 (1) or in accordance with a system of co-applicable rules; are the emission limit values laid down in Austrian legislation less stringent than those which are BAT conclusions, after the 6. Since January 2011, limit values have to be imposed in accordance with § 47a; and

b)

emission limit values for pollutants listed in Annex 5, Part 2, and other pollutants, if they can be emitted by the plant in a relevant quantity and are not regulated in any regulation pursuant to § 65 (1) or the applicable regulation; and

c)

Emission limit values for further pollutants, if this is in BAT conclusions, which are after the 6. Jänner 2011 has been published.

The possible shift of pollution from one medium (water, air, soil) to another shall be taken into account in order to contribute to a high level of protection of the environment as a whole; emission limit values may, where appropriate, not be permitted in the case of: of a Regulation in accordance with Section 65 or in a co-applicable provision, shall be extended or replaced by equivalent parameters or equivalent technical measures. The emission limit values laid down in the permit and the equivalent parameters or measures shall be based on the state of the art, including the technical characteristics of the treatment plant concerned, its location and the relevant technical characteristics. take account of local environmental conditions; "

47. In Section 47 (3), Z 3, 4 and 5 shall be replaced by the following Z 3, 4, 4a and 5:

" 3.

Requirements for the monitoring of emissions (including the measurement method, measurement frequency, the evaluation procedure and, if necessary, the measurement location); the requirement that in cases where Section 47a (2) has been applied, the results the abovementioned emission monitoring shall be available for the same periods and reference conditions as for the emission values associated with the best available techniques; the monitoring requirements shall be based, where appropriate, on the emission levels in the BVT conclusions described monitoring requirements; "

4.

appropriate requirements for the protection of soil and groundwater; appropriate requirements for regular maintenance and monitoring of measures to prevent pollution of soil and groundwater;

4a.

appropriate requirements for the recurrent monitoring of soil and groundwater on the relevant hazardous substances likely to be encountered on the spot, taking into account possible soil and groundwater pollution the site of the IPPC treatment; the periodic monitoring shall be carried out at least every five years for the ground water and at least every ten years for the soil, unless such monitoring is carried out on the basis of a systematic Assessment of pollution risk;

5.

measures for other than normal operating conditions, such as driving on and off, inadvertent leakage of substances, disturbances, short-term departure and dismissal, decommissioning or definitive closure of the holding; "

48. In Section 47 (3), the point shall be replaced by a line-point at the end of Z 7 and the following Z 8 shall be added:

" 8.

an obligation on the holder of the plant to submit to the competent authority on a regular basis, at least once a year, the following:

a)

information on the basis of the results of the emission monitoring referred to in Z 3 and any other data necessary to enable the competent authority to verify compliance with the permit; and

b)

in cases where, in accordance with Article 47a (2), the emission limit values are to be determined by deviations from the emission values associated with the best available techniques as regards values, time periods and reference conditions, a summary of the Results of emission monitoring, which allows for comparison with the emission values associated with the best available techniques. "

49. According to § 47, the following § 47a and heading is inserted:

" Emission Limit Values, equivalent parameters and equivalent technical measures for IPPC treatment plants

§ 47a. (1) The emission limit values for pollutants shall apply at the point at which the emissions leave the treatment plant, where any dilution before this point is not taken into account when the limit values are set. The emitted material load is the criterion to be minimized. The water legislation remains unaffected.

(2) The Authority shall, in accordance with Article 47 (3) (1), establish emission limit values in authorisations to ensure that emissions under normal operating conditions are the emission values associated with the best available techniques; BVT-conclusions not exceeding according to § 43a (1). These emission limit values shall be expressed for the same or shorter periods of time and under the same reference conditions as the emission values associated with the best available techniques. Without prejudice to a regulation in accordance with Article 65 (1) or a regulation to be applied, the Authority may set emission limit values which differ in respect of values, periods and reference conditions. Where derogations are laid down, the Authority shall, at least annually, assess the results of emission monitoring in order to ensure that emissions under normal operating conditions are associated with the best available techniques Emission values not exceeded.

(3) By way of derogation from paragraph 2, the Authority may, on request, lay down, in special cases, less stringent limit values, without prejudice to the provisions applicable to the applicable rules. The prerequisite for this is the result of an evaluation that the achievement of the emission values associated with the best available techniques, as described in the BAT conclusions, is based on the geographical location and the the local environmental conditions of the IPPC treatment plant concerned or the technical characteristics of the treatment plant concerned would lead to disproportionately higher costs in terms of environmental benefits. The applicant shall state the existence of these conditions in the application. The Authority shall give reasons for the results of this evaluation and the conditions laid down in the authorisation and shall publish it in accordance with Section 40 (1c). The competent authority shall carry out a re-evaluation as part of any review pursuant to Section 57.

(4) The Authority may, for a total period of not more than nine months, authorise temporary derogations from the conditions set out in paragraph 2 above and in accordance with Article 43 (1) (2) and (3) (3) (1) for the testing and application of future techniques, provided that: the application of the technology concerned shall be terminated or at least the emission levels associated with the best available techniques shall be reached within the framework of the activity. "

50. In § 51, the following paragraph 2a is inserted after paragraph 2:

" (2a) In the event that an IPPC treatment plant is displayed or closed in accordance with Article 37 (4) (7) (7), the holder of the IPPC treatment facility shall have an evaluation and, if necessary, a presentation of the measures in accordance with Z 1 or 2. Connect:

1.

in the case of a baseline report in accordance with Article 2 (8) (12), an assessment of the state of soil and groundwater pollution caused by relevant hazardous substances used, produced or released by the treatment plant; , the treatment plant has caused significant soil and groundwater pollution with relevant hazardous substances compared to the state indicated in the report on the initial condition, a presentation of the measures required for the elimination of this pollution, in order to place the terrain in that condition ,

2.

, a report on the initial condition pursuant to Article 2 (8) (12) does not exist because the authorisation has not yet been updated in accordance with Section 57 or because there is no obligation to draw up an assessment as to whether the pollution of soil and groundwater is at the site, poses a significant risk to human health or the environment as a result of the approved activities; in the presence of a hazard, a presentation of the necessary measures for the purpose of elimination, prevention, Containment or reduction of relevant hazardous substances in order to ensure that the site is under Taking into account its current or approved future use no longer poses such a risk. "

51. The following paragraphs 7 and 8 are added to § 52:

" (7) The marketing authorisation holder shall regularly check the mobile treatment facility on a regular basis, whether it is in accordance with the approval certificate and the waste legislation otherwise in force for the installation. The marketing authorisation holder shall be responsible for the recurrent self-inspections of an authorised subject or specialist institution. The self-control shall include at least one suburban control. Unless otherwise specified in the letter of approval or in the other provisions referred to above, the time limits for the recurrent self-checks shall be five years. A report shall be drawn up on any recurrent self-control, including, in particular, shortcomings and proposals to remedy the situation. Where deficiencies in a report are recorded in the case of recurrent self-control, the marketing authorisation holder shall immediately draw up a copy of that report and, within a reasonable time, a presentation of the defect in the report. Measures to be taken by the authority responsible for approving the mobile treatment system. The report and other documents relating to their own control shall be kept for at least seven years by the marketing authorisation holder of the mobile treatment plant and shall be submitted to the competent authority upon request.

(8) By way of derogation from paragraph 2 to 5, the authorisation shall, in accordance with a regulation in accordance with § 65 for mobile treatment plants which treat exclusively non-hazardous waste, be approved on the basis of an examination and issue of a certificate of test, with which: It is confirmed that the mobile treatment facility complies with the requirements of a regulation according to § 65, by taking the examination certificate with a communication from the competent authority. The examination certificate shall contain a clear reference to the mobile treatment plant. Where necessary, the competent authority shall require appropriate conditions, conditions or deadlines, or to prohibit the operation of the treatment plant, if it is to be expected that the treatment for the waste concerned shall be the Treatment obligations in accordance with § § 15 or 16 or a regulation pursuant to § 23 or the objectives and principles (§ 1 para. 1, 2 and 2a) do not correspond or the public interests (§ 1 para. 3) are impaired. "

52. The following sentences are added to Section 54 (1):

" A limitation of capacity shall be brought to the attention of the Authority. Where one or more of the activities listed in Annex 5, Part 1 are carried out, the establishment, operation and a substantial modification of the permit requirement shall be subject to the conditions laid down in Article 37. "

53. § 57 with headline reads:

" Review and update of approval for an IPPC treatment plant

§ 57. (1) Within one year of the publication of BAT conclusions on the main activity of an IPPC treatment plant, the holder of the facility shall inform the Authority whether:

1.

to adapt the IPPC treatment plant to the state of the art, in particular to these BAT conclusions, an approval or notifiable change in accordance with § 37 and

2.

an update of the permit

are required. If the adjustment constitutes a modification in accordance with § 37, subject to approval or notification, the application or notification in accordance with § 37 with the required documents and a presentation of the development of the state of the art shall be immediately after this Communication to the Authority.

(2) Within four years of the publication of BAT conclusions on the main activity of an IPPC treatment plant, the Authority shall review the authorisation and, if necessary, in particular with regard to emission limit values, shall: Update. If, in the course of the review and updating of the authorisation, the Authority finds, in justified cases, that more than four years from the publication of BAT conclusions are necessary for the introduction of the state of the art, the Authority may, in the case of Permit an extended period of time, provided that the requirements of Section 47a (3) are fulfilled. The objectives and principles set out in § 1 shall be taken into consideration. The owner of the plant shall regularly, in any case within four years after the publication of BAT conclusions on the principal activity of an IPPC treatment plant, take the necessary adaptation measures to the state of the art.

(3) The Authority shall review and update the authorisation if:

1.

the pollution caused by the IPPC treatment plant is so significant that the emission limit values laid down in the permit have to be verified or new emission limit values have to be provided for,

2.

operational safety requires the use of other techniques,

3.

a piece of legislation to be applied or co-administered in the authorisation procedure, which has been new or amended, requires adjustment, or

4.

no BVT conclusions apply to the IPPC treatment plant, but developments in the state of the art allow for a significant reduction in emissions.

(4) In the case of paragraph 3 Z 1, the Authority shall, within a reasonable period of time, apply the presentation of a reorganisation concept as a request for authorisation to the holder of the IPPC treatment plant within a reasonable period of time.

(5) If a modification of the IPPC treatment system according to § 37 requires modification of the IPPC treatment system in accordance with Section 3 (3) (2) to (4), the Authority may request the submission of a project within a reasonable period of time. In the cases referred to in paragraph 1 (1) (1) and (3), the deadlines for the completion of the construction and the completion of the completion of the necessary implementing measures must be laid down

(6) At the request of the Authority, the holder of the plant shall have all the information necessary for the review of the IPPC treatment plant and the updating of the authorisation, in particular results of emission monitoring and other data, which shall: To compare the operation of the IPPC treatment plant with the state of the art in accordance with the applicable BAT conclusions and with the best available techniques for the transmission of associated emission values.

(7) If the holder of an IPPC treatment plant has not, after the expiry of the time limits laid down in this provision, did not adapt to the state of the art after repeated reminders, the Authority shall have the closure of the The IPPC treatment plant or parts of the plant from which a pollution is based. The disposal shall be cancelled if the necessary implementing measures are completed. "

54. The title of § 62 reads:

"Monitoring of treatment facilities and measures for the operational and final phase"

55. The following sentence shall be added to section 62 (1):

"IPPC treatment plants shall be reviewed in accordance with the time limits laid down in Section 63a (4)."

56. § 62 (2b):

" (2b) If the operation of a treatment plant poses a threat to the health, life or property of a third party, or if the operation of a treatment plant poses a direct significant risk to the environment, the Authority shall not: to take the necessary measures, such as the decommissioning of machinery or the partial or total closure, in a modest manner. "

57. In § 62 (6), after the quote "52 (5)" the phrase "or 8" inserted.

58. The following paragraphs 8, 9 and 10 are added to § 62:

" (8) If there is a total closure of an IPPC treatment facility, the holder of the IPPC treatment facility shall submit and carry out a necessary assessment and any necessary measures pursuant to Section 51 (2a) Z 1 or 2 of the Authority.

(9) If the holder of an IPPC treatment plant does not show and carry out the assessment or any necessary measures required pursuant to § 51 (2a) Z 1 during the release, decommissioning or final closure, the Authority shall, at the time of the significant soil or groundwater pollution caused by the activities of relevant dangerous substances in relation to the state indicated in the report on the initial condition shall take the necessary measures to eliminate such pollution Pollution, to be applied in a modest way, in order to place the terrain in that condition . The technical feasibility of such measures may be taken into account. The communication shall be enforceable immediately.

(10) If the holder of an IPPC treatment plant does not show and carry out the assessment or any necessary measures required pursuant to § 51 (2a) Z 2 during the release, decommissioning or final closure, the Authority shall, in the case of: to make the necessary measures for the elimination, prevention, control or reduction of relevant dangerous substances in a significant risk to human health or the environment caused by the activities, so that the terrain, taking into account its current or approved future use no longer poses such a risk. The communication shall be enforceable immediately. "

59. In accordance with § 63, the following § 63a and title shall be inserted:

" Environmental Inspections for IPPC Treatment Facilities

§ 63a. (1) IPPC treatment facilities shall be subject to periodic environmental inspections. § § 52 to 53a of the AVG are to be applied.

(2) The Federal Minister for Agriculture, Forestry, Environment and Water Management has to draw up an environmental inspection plan containing all IPPC installations. In so far as this affects the scope of action of another Federal Minister, the agreement must be established. The environmental inspection plan shall be regularly reviewed and, where appropriate, updated. Before the publication of the environmental inspection plan, the country's main men are to be heard.

(3) The environmental inspection plan shall include:

1.

a general assessment of the major environmental problems;

2.

the territorial scope of the inspection plan;

3.

a list of IPPC installations falling within the scope of the plan, using the identification numbers included in the EDM master data register;

4.

procedures for the establishment of programmes for routine environmental inspections in accordance with paragraph 4;

5.

the procedures for non-routine environmental inspections referred to in paragraph 6;

6.

where appropriate, provisions for cooperation between different inspection authorities.

(4) On the basis of the environmental inspection plan, the Landeshauptmann regularly has to draw up a programme for routine environmental inspections, in which the frequency of on-site visits for the different types of plant is also added. is. The period between two on-site visits depends on a systematic assessment of the environmental risks associated with the IPPC treatment plant, and may be one year at IPPC treatment facilities of the highest risk level and three years in the case of IPPC treatment facilities do not exceed the lowest risk level. If, during an inspection, an installation has been found to be seriously in breach of the permit, an additional on-site inspection shall be carried out within the next six months following that inspection.

(5) The systematic assessment of environmental risks shall be based at least on the following criteria:

1.

the potential and actual impact of the IPPC treatment plant on human health and the environment, taking into account the emission values and types, the sensitivity of the local environment and the risk of accidents;

2.

Previous compliance with the permit;

3.

Participation of the plant owner in the Union system for environmental management and audit (EMAS) in accordance with Regulation (EC) No 1221/2009 or registration as an organisation in accordance with a regulation according to § 15 para. 5 UMG.

(6) Non-routine environmental inspections shall be carried out in order to deal with complaints of serious environmental damage, serious environmental accidents and incidents and in the event of breaches of the rules as soon as possible and if necessary, prior to the issuing, renewal or updating of a permit.

(7) After each on-the-spot survey, the competent authority shall have a report with relevant findings concerning compliance with the authorisation by the IPPC treatment plant concerned and conclusions on the possible need for further To create measures. The report, including the summary of the report, shall be submitted to the holder of the plant concerned within two months of the on-the-spot survey; at the same time as the report has been forwarded, a reasonable time limit shall be set, within which the holder can give an opinion. The competent authority shall publish the summary of the report as well as the information on where further information is to be obtained within four months of the on-the-spot visit to the edm.gv.at website. With regard to defects, § 62 (2) applies.

(8) The inspection by a landfill inspection pursuant to § 63 shall apply to the extent to which it corresponds to an environmental inspection, as an environmental inspection. "

60. In § 65 (1) the following Z 3a is inserted after Z 3:

" 3a.

detailed provisions on the content requirements of the report on the initial state of IPPC treatment plants, criteria for the presence of relevant hazardous substances, the nature and extent of soil and groundwater measurements, criteria for a Comparison of the final state with the final state, as well as measures for the elimination of pollution or serious risks to human health or the environment as a result of IPPC activities; "

61. The following sentence is added to section 65 (3):

" Furthermore, the Federal Minister for Agriculture, Forestry, Environment and Water Management is authorized, in agreement with the Federal Minister for Economic Affairs, Family and Youth, for these permit-free mobile treatment plants with Regulation to lay down detailed rules on equipment and operation, including provisions relating to the place of installation, the time of installation and the minimum distance, as well as the detailed rules on the conduct of the test and the examination certificate. "

(62) The following paragraph 4 is added to § 65:

" (4) The Federal Minister for Agriculture, Forestry, the Environment and Water Management is authorized to lay down, by means of a Regulation, the simplified procedure for the mobile treatment plants which deal exclusively with non-hazardous waste. in accordance with Section 52 (8). "

63. The following paragraph 11 is added to § 69:

" (11) If, after the granting of the authorization in accordance with paragraph 1, circumstances arise which endanger the public interests (Section 1 (3)), conditions or conditions are to be imposed in accordance with Article 10 of the EC Movement V in order to ensure that such risks are to keep it. "

64. In § 71 (1), after the word order "the necessary measures" the phrase ", subject, where necessary, to conditions, conditions or deadlines," inserted.

(65) The following paragraph 3 is added to § 71:

"(3) In the cases referred to in paragraph 1 in which the repatriated person does not have permission to treat the waste according to § 24a, the return of the waste to a waste treatment authorised for the treatment of such waste shall be carried out."

66. § 73 (7) reads:

" (7) For treatment orders, the competent authority shall be the district administrative authority, unless otherwise specified in the following. The competent authority of the provincial governor shall be the competent authority for treatment orders in accordance with paragraph 4; the Governor may transfer the execution of a procedure in accordance with paragraph 4 in whole or in part to the district administrative authority and empower those authorities to carry out a procedure in his own If this is in the interests of convenience, clarity, cost savings and simplicity, the name must be decided. In the case of waste which is not in accordance with the provisions of this Federal Law or the EC Shipments V, the local competent authority shall be the authority in whose sphere of action the waste is at the time of the Authority's knowledge that: the waste is located in its sphere of activity. "

67. The following paragraph 8 is added to § 73:

" (8) In the cases referred to in paragraph 1 in which waste has been repatriated in accordance with Article 71 and Article 24 of the EC Shipments V and the repatriation subject has no authorisation to treat the waste in accordance with Section 24a, the Authority shall: To apply waste to a waste treatment authorised for the treatment of such waste. "

68. In accordance with § 73, the following § 73a and title shall be inserted:

" Duties obligations and compensation

§ 73a. (1) The property owners and those entitled to the properties in rem or compulsory shall enter the premises and the facilities and carry out the measures necessary pursuant to Section 73 by the institutions of the to condone the competent authorities of this Federal Act or the persons responsible or authorised to implement measures or the third parties who have been approached by these authorities or persons. The person responsible for the toleration shall be notified in advance.

(2) In the event of a dispute, the competent authority shall decide on the duty to be compulsory in accordance with Section 73 (7). This communication also acts against all subsequent property owners and on the real estate or obligatorily entitled.

(3) Insofar as the institutions of the authorities responsible for the enforcement of this Federal Law, or third parties who have been approached by those authorities, by carrying out the necessary measures in accordance with Section 73, damage the property of the property. is to be properly compensated. This does not apply to persons who can be used as food. The competent authority shall decide on the compensation in accordance with Section 73 (7). "

69. In § 75 (2), second sentence, the word order "Procedures in which the Federal Minister for Agriculture, Forestry, Environment and Water Management decides in the first instance" through the phrase "Affairs in which the Federal Minister for Agriculture, Forestry, Environment and Water Management is responsible" replaced.

70. The following paragraph 7 is added to § 75:

" (7) The verification of compliance with obligations under Regulation (EU) No 1179/2012 laying down criteria for determining when certain types of broken glass are no longer to be regarded as waste in accordance with Directive 2008 /98/EC ('the following: EU-Waste-Glass V), OJ C 327, 28.4.2002, No. 31 and of Regulation No 333/2011 laying down criteria for determining when certain types of scrap are no longer to be regarded as waste in accordance with Directive 2008 /98/EC ('EU-SchrottV '), OJ L 337, 31.12.2008, p. No. OJ L 94, 08.04.2011, p. 2, is the responsibility of the Federal Minister for Agriculture, Forestry, the Environment and Water Management. The provisions of paragraphs 3 to 6 shall apply mutasensitily. "

71. The following paragraphs 17 and 18 are added to § 78:

" (17) If, by changing the legal situation, a treatment facility not subject to this federal law, but after a crime pursuant to § § 74 ff GewO 1994, fulfils an approval status pursuant to this Federal Act, one shall apply in accordance with § § 74 ff GewO 1994 existing authorisation for this treatment plant according to its scope as a permit under this federal law. Section 62 (3) shall remain applicable.

(18) Due to a modification or extension of a treatment plant according to § 37 para. 2 in the permit requirement in accordance with § 37 para. 1, 3 or 4, the treatment facility shall apply in accordance with the scope of the existing authorisation in accordance with § § 74 ff GewO 1994 as approved under this federal law and requires only the modification or extension of the operation of a permit or display in accordance with § 37 para. 1, 3 or 4. The change shall be notified to the holder of the treatment plant without delay to the authority responsible for the approval. Section 62 (3) shall remain applicable. "

72. In accordance with § 78, the following § 78a and heading is inserted:

" Transitional provisions on AWG-Novel industrial emissions

§ 78a. (1) IPPC treatment plants,

1.

that was before the 7. approved and put into service in January 2013, or

2.

for those before the 7. In January 2013, a full application for authorisation has been submitted, provided that it is not later than 7. Jänner 2014 will be put into operation,

are within the scope of the 7. The next update of the IPPC treatment plant in accordance with § 57-if necessary-to be adapted to the state of the art contained in the BVT conclusions.

(2) For IPPC treatment plants carrying out activities listed in Annex 5, Part 1, Z 1 and 2, which are not subject to Directive 2008 /1/EC concerning integrated pollution prevention and control, OJ L 327, 22.11.2008, p. No. OJ L 24, 29.01.2008, p. 8, as amended by Directive 2009 /31/EC, OJ L 327, 28.12.2009, p. No. OJ L 140 of 05.06.2009 S 114, recorded or activities listed in Annex 5, Part 1, Z 3 lit. a sublit. iii to v and lit. b and Z 5 and 6, the provisions of this federal law applicable to IPPC treatment plants shall apply from 7 July 2015. These IPPC treatment plants shall be adapted to the state of the art contained in the BAT conclusions as part of the next update of the IPPC treatment plant following July 7, 2015, in accordance with § 57, if necessary. In a regulation according to § 65, transitional provisions that deviate from incineration and co-incineration plants can be regulated.

(3) Where relevant hazardous substances are used, produced or released in an IPPC treatment plant in accordance with paragraph 1, the holder of the plant shall have a view to possible pollution of the soil and groundwater on the premises of the IPPC treatment plant to produce a report on the initial state and to make it to the authority with the 7. To present the next update of the plant in accordance with § 57 next year 2014.

(4) Where relevant hazardous substances are used, produced or released in an IPPC treatment plant in accordance with paragraph 2, the plant owner shall have a view to possible pollution of the soil and groundwater on the site of the IPPC treatment plant shall draw up a report on the initial condition and submit it to the Authority with the next update of the installation according to § 57, which follows 7 July 2015. "

73. In § 79 (1) the following Z 7a and 7b are inserted after Z 7:

" 7a.

Contrary to § 28, no separate collection of problem substances can be carried out or carried out,

7b.

Contrary to Section 28a, no discharge point for WEEE from private households and for appliance waste batteries and accumulators is established, "

74. In § 79 (1) Z 13, the quote shall be: "§ 57 (3)" by quoting "§ 57 (5)" replaced and after the phrase "does not comply with the deadline" the phrase "or in breach of § 57 (6) the required information or data is not presented" inserted.

75. In § 79 (1) (a) (15a), after the word "undertakes" the phrase "or waste within the framework of such a shipment" and after the citation "36," the citation "37," inserted.

76. In § 79, paragraph 1, Z 15b, after the word "spends" the phrase "or waste within the framework of such a shipment, or waste within the meaning of Article 2 (35) (a), (c) or (e) of the EC Shipments Illegally, or takes over as part of such a shipment" inserted.

77. In § 79 (1) Z 17, the quote shall be: "§ 62 para. 2, 2a, 2b, 3, 6 or 7" by quoting "§ 62 para. 2, 2a, 2b, 3, 6, 7, 8, 9 or 10" replaced.

78. In § 79 (1) the following Z 20 and 21 are inserted:

" 20.

does not comply with the obligations laid down in a regulation pursuant to Article 65 (1) (3) (a),

21.

does not comply with the obligations or arrangements pursuant to Section 75 (5), "

79. In § 79 (1) final part, the amount shall be "730 €" by the amount "850 €" , the amount "36 340 €" by the amount "41 200 €" and the amount "3 630 €" by the amount "4 200 €" replaced.

80. In § 79 (2) (1) (1), after the quote "§ 5 (2)" the citation " , Section 13a (1a), " inserted.

81. § 79 (2) Z 14 reads as follows:

" 14.

does not comply with § 52 (7) of the recurrent self-control or in the establishment or operation of a mobile treatment facility the conditions, limits or conditions prescribed in accordance with section 52 (5) or (8) are not complied with or a against § 53 (1) or (3) of the mobile treatment facility, "

82. In § 79 (2) the following Z 17a shall be inserted after Z 17:

" 17a.

does not comply with the obligations laid down in a regulation pursuant to Article 65 (3) concerning equipment and operation, including place of installation, installation time and minimum distance, "

83. In § 79 (2) (18), after the word "Obligations" the phrase "or Conditions" and after the citation "§ 69" the phrase "or § 71a" inserted.

84. In § 79 para. 2 Z 23, after the quote " Art. 22 or 24 of the EC Shipments ' the phrase "or § 71" inserted.

85. In § 79 (2), the Z 24 is deleted.

86. In § 79 para. 2 Z 12, after the quote "§ 46 (1)" the phrase "or § 73a" inserted.

87. In § 79 (2) the following Z 26 is inserted:

" 26.

The premature end of waste according to the EU Waste Glass V is explained without complying with the criteria of Art. 3 Z 1 to 3 and 5 of the EU Waste Waste Glass Pane in the case of rupture glass or the premature end of the waste according to the EU-SchrottV, without the criteria of Art. 3 Point (a) to (c) of the EU-SchrottV in the case of iron and steel scrap or of Article 4 (a) to (c) of the EU-SchrottV for aluminium scrap, "

88. In § 79 (2) final section, the amount shall be " 360 " by the amount "450 €" , the amount "7 270 €" by the amount "8 400 €" and the amount "1 800 €" by the amount "2 100 €" replaced.

89. In § 79 (3) (1), the quote shall be "§ 5 (4) or 5" by quoting "§ 5 (4), 5 or 7" replaced.

90. In § 79 (3) Z 1 after the quote "§ 40 (3a)" the citation "§ 47 para. 3 Z 8" and in accordance with the quotation "§ 48 paragraph 2a" the citation "§ 51 (2a) and after the phrase" , contrary to a regulation according to § 4, § 5, "the numerical sequence" § 13a (1a), " is inserted.

91. In § 79 (3) the following Z 1a is inserted after Z 1:

" 1a.

does not pass the declaration of conformity or does not comply with the obligation to retain, contrary to § 5 (7), "

92. In § 79 (3) (4a) the citation shall be "§ 15 (7)" by quoting "§ 15 (7) or (8)" replaced.

93. In § 79 (3) Z 10, after the word "ordered" the phrase "or a responsible person in accordance with § 26 (6) does not make repudiation" inserted.

94. In § 79 (3) Z 13, after the word "transmitted" the phrase "or waste which is subject to the duty of information pursuant to Article 18 of the EC Treaty, in a manner which does not comply with the document referred to in Annex VII to the EC Treaty on Shipments of the Community" inserted.

95. In accordance with § 79 (3) Z 16, the following Z 17 and Z 18 are inserted:

" 17.

Contrary to Article 4 of the EU Waste Waste Glass V, no or no duly completed declaration of conformity is issued or is not forwarded to the Authority on request or contrary to Article 5 of the EU-SchrottV, or none or no issue or not carry on properly completed declaration of conformity or does not submit to the Authority, at the request of the Authority,

18.

Contrary to Article 5 of the EU Waste Directive, GlasV does not comply with the requirements of the management system or does not ensure its application or refuses access to it or, contrary to Article 6 of the EU-SchrottV, the requirements of the the quality management system does not comply with or does not ensure its application or access to it, "

96. In § 79 (3) final part, the amount shall be "2 910 €" by the amount "3 400 €" replaced.

97. In § 79 (6) the amount shall be "3 630 €" by the amount "4 200 €" replaced.

98. In § 80 (1), after the quote, "§ 79 (1) (15a)" the phrase "or 15b" inserted.

99. In § 80 (1), second sentence, the quote "§ 79 para. 2 Z 18, 19 or 22" by quoting "§ 79 para. 2 Z 18, 19, 22 or 26" and the quote "§ 79 (3) Z 13, 13a, 14, 15 or 16" by quoting "§ 79 (3) Z 13, 13a, 14, 15, 16 or 17" replaced.

100. The following sentence shall be added to section 80 (5):

" Unless jurisdiction has been given in accordance with the first sentence in the country, the administration of criminal proceedings due to administrative transgressions by waste collectors and handlers pursuant to Section 79 (3) (1) shall be the administrative judicial authority with its registered office in that jurisdiction. Federal state responsible for which the local jurisdiction in accordance with § 24a (4) is established. "

101. Section 82 (1) shall be referred to after the "§ 52 (1)," the citation "Section 79 (1) (15a) or (15b)," and after the citation "§ 79 (2) Z 18" the phrase "or 19" inserted and the quote "§ 79 (3) Z 6, 8, 13 and 15" by quoting "§ 79 (3) Z 6, 8, 13, 13a, 15 and 17" replaced.

102. In Article 82, the following paragraph 1 is inserted after paragraph 1:

" (1a) Weiters has the federal police to participate in the enforcement of Section 79 (2) Z 6 of the first partial sentence within the meaning of Section 82 (1) Z 2 in the performance of the duties otherwise provided by the Federal Police. Any further measures required shall be taken by the competent authority. "

103. In § 82 (3), the first sentence is:

"The institutions of the Public Security Service shall be authorised to fix and to raise provisional security in the amount of at least € 360 to a maximum of € 4 000, in accordance with Section 37a of the VStG."

104. In section 82 (3) and section 83 (2), the amount shall be "120 Euro" by the amount "300 €" replaced.

105. Section 83 (1) shall be the word "and" at the end of Z 2 replaced by a dash, the word "and" is added to Z 3 and the following Z 4 is inserted after Z 3:

" 4.

the declaration of conformity referred to in Article 4 (1) of the EU waste-end glass and in accordance with Article 5 (1) of the EU-SchrottV "

106. In § 83 (1), second sentence, the quote is "§ 79 (2) Z 18, 19, 21 to 23 and 25" by quoting "§ 79 (1) (15a) and (15b), § 79 (2) Z 18, 19, 21 to 23, 25 and 26" and the quote "§ 79 (3) Z 13 to 15" by quoting "§ 79 (3) Z 13 to 15 and 17" replaced.

107. In Section 83 (2), the first sentence is:

"The customs authorities shall be empowered to fix and to raise provisional security in the amount of at least € 360 to a maximum of € 4 000 in accordance with the provisions of Section 37a of the VStG."

108. In section 83 (2) of the last sentence, the word order shall be deleted "against formal requirements" .

109. The following paragraph 9 is added to Article 87:

" (9) The Federal Minister for Agriculture, Forestry, the Environment and Water Management has statistics, including quality reports, in accordance with Regulation (EC) No 2150/2002 on waste statistics, OJ L 327, 31.12.2002, p. No. OJ L 332, 09.12.2002 S 1, as last amended by Regulation (EU) No 849/2010 amending Regulation (EC) No 2150/2002 on waste statistics, OJ L 327, 28.12.2002, p. No. OJ L 253, 28.09.2010, p. 2, to be drawn up and transmitted to Eurostat. "

110. The following paragraph 6 is added to Article 87a:

" (6) In the Register pursuant to Section 22 (1) (1) (1), everyone shall be entitled to access the contents of an application in accordance with Section 40 (1c), information on the dismissal, decommissioning or final closure pursuant to Section 40 (1d) as well as summaries of environmental inspection reports. pursuant to Section 63a (7) for IPPC treatment facilities. "

111. § 89 Z 2 lit. d and Z 4 lit. c is deleted.

112. § 89 Z 3 lit. a is:

" (a)

Directive 2012/19/EU on waste electrical and electrical equipment, OJ L 206, 22.7.2010, p. No. OJ L 197 of 24.07.2012 S 38; "

113. § 89 Z 4 lit. a is:

" (a)

Directive 2010 /75/EU on industrial emissions (integrated pollution prevention and control), OJ L 136, 31.5.2010, p. No. OJ L 334, 17.12.2010, as amended by the corrigendum OJ L 327, 22.12.2010, p. No. OJ L 158, 19.06.2012 S 25; "

114. The following paragraphs 26 to 29 shall be added to Article 91:

" (26) The table of contents, § 2 (8), § 3 (1), § 5 (1) and (7), § 6 (1) and (2), § 15 (8), § 16 (7), § 21 (1), § 22 (1), 2, 5d, 6 and 7, § 22a (7), § 37 (1) to (4), § 39 (1) and (3), § 40 (1), 1c, 1d, 2 to 4, § 43 (1), § § 43 (1). 43a including the title, § 47 (1) and (3), § 47a and the title, § 51 (2a), § 52 (7) and (8), § 54 (1), § 57 with title, the title of § 62, § 62 (1), (2b), 6, 8 to 10, § 63a and the title, § 65 (1), (3) and (4), § 69 (11), § 71 Para. 1 and 3, § 73 (7) and (8), § 75 (2) and (7), § 78 (17) and (18), § 78a, including the title, § 79 (1) to (3) and (6), § 80 (1) and (5), § 82 (1) to (3), § 83 (1) and (2), § 87 (9), § § 87 (9). 87a (6), § 89 Z 3 lit. a and 4 lit. a, annex 4 Z 11, annex 5, part 1 and 2, as amended by the Federal Law BGBl. I No 103/2013 (AWG-Novel Industrial Emissions) shall enter into force with the date of the presentation. At the same time § 89 Z 2 lit. d and Z 4 lit. c, in the version in force at that date, except for force.

(27) Sections 22a (7), 40 (1), first sentence, 40 (1c) and (1d), 40 (3), last sentence, 43a (1) and (2), 47 (3), (3), (1), (3), (4), (4a), (5) and (8), 47a (2) to (4), 51 (2a), 57 (62) (1), (8), (9) and (10), 63a (1), (4), (7) and (8) in the version Federal Law BGBl. I n ° 103/2013 (AWG Novel Industrial Emissions) for IPPC treatment plants,

1.

that was before the 7. approved and put into service in January 2013, or

2.

for those before the 7. In January 2013, a full application for authorisation has been submitted, provided that it is not later than 7. Jänner 2014 will be put into operation,

with 7. Jänner 2014 in force.

(28) Section 13a (1), third sentence, and (1a), as amended by the Federal Law BGBl. I n ° 103/2013 (AWG-Novelle IndustrieEmissions) will enter into force on 14 February 2014.

(29) § 73a together with the title shall enter into force 1. Jänner 2014 in force. "

115. Annex 4 Z 11 reads as follows:

" 11.

information contained in BAT leaflets and information published by international organisations. "

116. Annex 5, part 1 reads as follows:

" Part 1
Categories of activities

1.

Disposal or recovery of hazardous waste, with a capacity of more than 10 tonnes per day, in the framework of one or more of the following activities:

a)

biological treatment;

b)

physico-chemical treatment;

c)

-mixing or mixing before one of the other activities mentioned in Z 1 and 2;

d)

repackaging before carrying out one of the other activities listed in Z 1 and 2;

e)

Recovery/regeneration of solvents;

f)

Recovery/recovery of other inorganic substances as metals and metal compounds;

g)

Regeneration of acids or bases;

h)

Recovery of components used for the control of impurities;

i)

Recovery of catalyst components;

j)

Re-oil refining or other re-use of oil;

k)

Surface application.

2.

Disposal or recovery of waste in incineration plants or in co-incineration plants

a)

For the incineration of non-hazardous waste with a capacity of more than 3 tonnes per hour;

b)

for hazardous waste with a capacity of more than 10 tonnes per day.

3. (a)

the disposal of non-hazardous waste with a capacity of more than 50 tonnes per day in the framework of one or more of the following activities and excluding the activities covered by Directive 91 /271/EEC concerning urban waste water treatment, 1. No. OJ L 135 of 30.05.1991 S 40, as last amended by Regulation (EC) No 1137/2008, OJ L 327, 30.11.2008, p. No. OJ L 311, 21.11.2008 S 1, fall:

i)

biological treatment;

ii)

physico-chemical treatment;

iii)

Waste pre-treatment for incineration or co-incineration;

iv)

Treatment of slag and ash;

v)

Treatment of metallic wastes-including WEEE and end-of-life vehicles and their components-in shredder facilities.

b)

Recovery-or a combination of recovery and disposal-of non-hazardous waste having a capacity of more than 75 tonnes per day in one of the following activities and excluding the activities referred to in Directive 91 /271/EEC Activities:

i)

biological treatment;

ii)

Waste pre-treatment for incineration or co-incineration;

iii)

Treatment of slag and ash;

iv)

Treatment of metallic wastes-including WEEE and end-of-life vehicles and their components-in shredder facilities.

If the only waste treatment activity consists of anaerobic digestion, a capacity threshold of 100 tonnes per day shall apply to this activity.

4.

Landfills pursuant to Article 2 (7) (4) (4), with a capacity of more than 10 tonnes of waste per day or a total capacity of more than 25 000 tonnes, with the exception of land excavation and waste disposal sites.

5.

Temporary storage of hazardous waste not covered by Z 4 until one of the activities listed in Z 1, 2, 4 and 6 has a total capacity of more than 50 tonnes, with the exception of temporary storage, up to the time of collection, on the premises on which the waste has been produced.

6.

Underground storage of hazardous waste with a total capacity of over 50 tonnes.

Where a number of activities carried out under the same activity description with a threshold are carried out in one and the same installation, the capacity of those activities shall be added if they are carried out at the level of the activities carried out in accordance with Z 1 and 3 lit. a and b are carried out.

Research activities, development measures or the testing of new products and processes shall not be considered as activities within the meaning of Part 1. "

117. In Annex 5, Part 2, Chapter LUFT, the Z 6 is:

" 6.

Dust including fine particles "

118. In Annex 5, Part 2, Chapter LUFT, in the Z 12 and in footnote 1 to Z 12, the word shall be: "Preparations" by the word "Mixtures" replaced.

119. In Annex 5, Part 2, WATER, the following Z 13 shall be added after Z 12:

" 13.

Substances listed in Annex E, Section II, WRG 1959, IgF "

Article 2

Amendment of the Waste Disposal Act

The Old Load Relief Act, BGBl. No 299/1989, as last amended by the Federal Law Gazette (BGBl). I No 15/2011, shall be amended as follows:

120. Section 3 (1) Z 4 reads as follows:

" 4.

the promotion of waste to an activity in accordance with Z 1 to 3a outside the territory of the Federal Republic, even if this activity is connected upstream of one or more treatment procedures in order to enable the relevant contributor to be carried out. "

121. In Article VII, the following paragraph (23) is added:

" (23) § 3 (1) in the version of the Federal Law BGBl. I No 103/2013 shall enter into force with the day following the presentation. '

Fischer

Faymann