Regulation On Disposal Sites

Original Language Title: Verordnung über Entsorgungsfachbetriebe

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Read the untranslated law here: http://www.gesetze-im-internet.de/efbv/BJNR142100996.html

Regulation on disposal sites (waste management specialist operating regulation - management) management Ausfertigung date: 10.09.1996 full quotation: "disposal specialist operating regulation by September 10, 1996 (BGBl. I p. 1421), most recently by article 2 of the Decree of 5 December 2013 (BGBl. I S. 4043) is changed" stand: last amended by art. 2 V v. 5.12.2013 4043 for more information on the stand number you find in the menu under instructions this regulation serves the implementation of Directive 75/442/EEC of 15 July 1975 on waste (OJ EC No. L 194 p. 47) by the amending Directive 91/156/EEC of 18 March 1991 (OJ EC No. L 78 p. 32) as amended.
Footnote (+++ text detection from: 7.10.1996 +++) (+++ official note of the standard authority on EC law: implementation of EWGRL 442/75 (CELEX Nr: 375 L 0442) +++) input formula on the basis of § 52 para 2 of the recycling and waste management act of 27 September 1994 (BGBl. I S. 2705) prescribed after consultation of interested parties the Federal Government: table of contents the first section general rules article 1 scope § 2 disposal company, definitions second section request to the Organization , Facilities and activity of disposal specialist operations section 3 requirements for the operational organisation article 4 request to the human resources section 5 operation journal article 6 insurance coverage § 7 requirements for the activity of third section of the farmer and the requirements in the waste management facility employed persons § 8 requirements to the farmers of § 9 requirements for those responsible for the management and supervision of the operation of § 10 requirements of § 11 other staff requirements for the training of fourth section monitoring and certification of specialist disposal companies § 12 monitoring treaty § 13 monitoring of the operation of section 14
Certification disposal specialist operation § 15 consent to the monitoring contract § 16 invalidity of the monitoring contract fifth section final provisions article 17 accessibility of the DIN standards 18 transitional provisions article 19 entry into force the first section general rules article 1 scope this regulation lays down that want to obtain requirements for disposal sites, who have completed a monitoring contract according to article 56 of the law of circulation management with a technical inspection organization or permission, the control character recognized one to waste community. Moreover, regulates the supervision and certification of specialist disposal companies on the basis of monitoring treaty concluded with a technical inspection organization. For the monitoring and certification of specialist disposal companies by disposer communities applies the directive for the activity and recognition of disposal groups.

§ 2 waste management facility, definitions (1) waste management facility within the meaning of this regulation an operation, can be the 1st Professional or in the framework of economic enterprises or public institutions collect waste, promoted, stored, treated, recycled or eliminated, 2. on the basis of its organizational, personnel and technical equipment in the location is independently to exercise one or more of the activities referred to in paragraph 1 and 3 with respect to one or more of the activities referred to in paragraph 1 the requirements referred to in the regulation on organization , Facilities and activities as well as meet the reliability and technical competence of the holder and the persons employed in the operation.
(2) waste management facility can be a part of a company within the meaning of this regulation, which complies with the requirements referred to in paragraph 1. The waste management facility may limit its trade operations on 1 types of waste or waste from certain areas of origin certain 2. specific recovery or disposal operations or 3 specific locations.
(3) the use of the term "Waste management facility" is prohibited 1 for locations, for which a company does not have effective monitoring certificate of a technical inspection organization according to § 14 para 1 or a disposer community recognised according to § 56 paragraph 6 of the law of circulation management, 2. for installations for which a company has no effective certificate within the meaning of point 1, 3 for activities, does not have effective certificate within the meaning of point 1 for an enterprise.
A monitoring sign of a technical inspection organization according to § 14 para 3 or a disposer community recognised according to § 56 paragraph 6 of the law of circulation management is not allowed without any of the audit certificates referred to in sentence 1.
(4) business owner within the meaning of this regulation are those natural or legal persons, or the non-incorporated association of persons involved in the disposal operations.
(5) for the management and oversight of the company responsible persons are those natural persons who have been ordered by the farmer with the technical direction, supervision and control of waste management activities performed by operation, in particular with regard to compliance with this rules and regulations.
(6) employees and other persons employed in the operation, which contribute to the implementation of waste management activities are other personnel within the meaning of this regulation.
Second section demands on the Organization, facilities and activity of waste management specialist company section 3 requirements of the operating organisation (1) is the organisation of waste management specialist company in such a way, that the required supervision and control of waste management activities carried out by the operation is ensured. In the design of the organisation are in particular the purpose, the activity and the size of the operation, the activity of the persons employed in the operation and the way to take into account in particular danger, nature and quantity of waste to which the activity relates.
(2) for the waste management activities in the operation are responsibility and decision-making and participation powers, 1 of the owner of the business or legal entities or not incorporated associations which according to law, statute or memorandum to the representation or management entitled, 2 of the persons responsible for the management and supervision, 3. the operation officer, which must order with environmental or dangerous goods regulations in operation, as well as 4 other personnel to set and to represent in the form of function descriptions and organization plans.
(3) in so far as it requires the appropriate and proper implementation of waste management activities made in the operation, work processes are for these activities by work instructions to set.

§ To order 4 requirements to the personnel (1) which has specialist disposal company at least one for each site person in charge for the management and supervision of the operation. The holder can take even the body of a person. A specialist disposal company has multiple locations or multiple disposal sites are part of the same company, so a common person can be ordered for this, if this is not jeopardised a proper performance of the tasks referred to in article 2, paragraph 5.
(2) the waste management facility must have sufficient other staff in addition to the persons responsible for the management and supervision of the operation. This condition is fulfilled, if an appropriate and proper operation can be ensured with existing staff. Proof of sufficient manpower is carried out on a usage basis. Common failures of individuals by holiday are taking into account sickness and training.

§ 5 operation diary (1) of the waste management facility has for each site to demonstrate of an appropriate and correct implementation of waste management activities to keep an operation journal. The operation journal has to contain all the proof of a proper fate of the waste essential data, particularly information about type, quantity, origin and whereabouts being collected by the waste management facility, transported, stored, treated 1, recycle or disposed of wastes, including the documentation of the performed service, incident in particular, the impact on the proper disposal can have 2, including the possible causes and remedial measures taken , 3. the documentation of a mismatch of the transferred waste with the specifications of the waste generator, as well as the indication of the measures taken, 4. specify of the person responsible for the operation of the collection, transport, storage, handling, Verwertens, or eliminating, as well as in the case of the contract not the respective scope of mandating certified one operation in accordance with § 7 para 3 and 5 results from plant - and fabric-covered control tests including functional checks (internal and external controls).
(2) the operating journal will be checked regularly by the person responsible for the management and supervision of the operation. It works by means of electronic data processing or in the form of single sheets for different areas of activity or operating parts, if the leaves are summarized every day. It is to create document secure and to protect against unauthorized access. The operation journal must be visible at all times and can be submitted in plain text.
(3) the operating journal will be kept for five years.

Insurance protection which need specialist disposal company for its waste management activities sufficient insurance protection have § 6. Nature and scope of required insurance coverage shall be determined on the basis of an operational risk assessment. Insurance coverage must include 1 businesses that store waste, treat, recycle or eliminate at least an environmental liability insurance and a business liability insurance, 2nd at establishments that collect waste or carrying Kraftfahrzeug-Haftpflichtversicherungen including an environmental liability insurance related to the Einsammlungs - and operation,.

Section 7 requirements for the activities of (1) the disposal company has to observe the public service regulations for its waste management activities. The farmer must be met the requirements associated with them, proof must be provided that are regulatory decisions required for the activity of the waste management specialist company, in particular plan findings, permits, approvals, licences and permits, and other arrangements of the competent authorities.
(2) the waste management facility may only hire a third party within the scope of the certified activities, if this is also certified with regard to the transferred activity as a specialist disposal company or if the conditions of paragraph 3 are fulfilled. The responsibility of the waste management specialist company for the proper execution of the activities remain unaffected.
(3) the waste management facility may instruct an altogether inconsiderable extent with the running of certified activities third parties who are certified in relation to their respective activities not as disposal sites. The disposal company has in any case to ensure a professional and proper execution of these activities through a careful selection and adequate control. This particularly requires that 1 of the waste management facility makes sure before commissioning that a) of third parties during this activity meets the requirements of paragraph 1, b) the third party the required supervision and control of the performed activity is ensured, c) the third and his staff have the reliability necessary for this activity, material and expertise, the insurance cover of the waste management specialist company extends 2. also on the activity of the third or the third giving it own , § 6 can prove sufficient insurance protection, 3. contract or binding set in any other way is how the particular activity should be performed and where the waste should be kept, 4. the waste management facility to the third parties contractually to instructions with respect to the manner in which the proper execution of each activity is authorized, 5. contract corresponding to the disposal company powers be given and the third committed 6 , to lead according to § 5 proof of the implementation of its activities and of the proper fate of the waste and the waste management facility unsolicited to leave a copy of this evidence.
Third section requirements for the business owners and the persons employed in the waste management facility section 8 requirements for the holder (1) which must be business owners be reliable. The reliability requires that the farmer, his legal representatives and legal entities or not incorporated associations which are suitable beneficiaries on the basis of their personal characteristics, behavior, and their abilities to the proper performance of the tasks incumbent upon them according to law, statute or memorandum to the agency or management.
(2) the reliability is usually omitted, if one in paragraph 1 sentence 2 persons 1 due to infringement of the rules of a) of criminal law about larcenous offences or offences against the environment, b) of pollution, waste -, water -, nature - and landscape protection, chemicals, genetic engineering or nuclear - and radiation protection law, c) of food, medicines, pesticides or disease law, d) of the commercial or labour protection law , s) of narcotics, weapons or explosives right with a fine in the amount of more than two thousand five hundred euros or with a penalty proves been is or 2 has repeatedly or grossly legal regulations referred to e violate 1(a).
(3) for the detection of reliability are the initial review and a change of persons referred to in paragraph 1, or if a review of the reliability for other reasons is required to present a certificate and a report from the central register of the commercial.

§ 9 requirements for the management and oversight of the operation those responsible for (1) which need to persons responsible for the management and oversight of the operation be reliable. Section 8, subsection 1, sentence 2, para 2 and 3 finds appropriate application.
(2) the persons responsible for the management and oversight of the operation must have the expertise required for their field of activity. The expertise requires 1 the completion of studies in the fields of engineering, chemistry, biology or physics at a University, a technical trade school education or qualification as a master on a subject the operation to associate with regard to its plant and process engineering or its operations, 2. during a two-year practical activities is acquired knowledge of the waste management activity, intended for a management or oversight function , and 3 recognized the participation of one or more of the competent authority courses, where according to the annex to this regulation, been knowledge that are required for the duties of the person referred to in sentence 1. Appendix 1 of the display and permit regulation of 5 December 2013 applies to collectors and carriers of waste (Federal Law Gazette I p. 4043) according to.
(3) as far as the proper performance of the duties of the persons responsible for the management and oversight of the operation is guaranteed, taking into account the circumstances referred to in section 3, subsection 1, sentence 2, 1 can a completed vocational training in an area of expertise, the operation to assign is in respect of his plant and process engineering or its operations and in addition 2. knowledge acquired during a four-year practical activity on the waste management activities as a prerequisite for the technical qualification is also recognised that is intended for a management or oversight function.
Paragraph 2 sentence 2 No. 3 remains unaffected.
(4) the training in other than those in paragraph 2 sentence 2 No. 1 and paragraph 3 sentence 1 No. of 1 listed areas of expertise can be recognised, if this training in terms of the task under consideration in section 3, subsection 1, sentence 2 referred to circumstances as equivalent which is. The experience in other than those in paragraph 2 sentence 2 No. 2 and paragraph 3 sentence 1 No. 2 referred to areas of activity can be recognized if the knowledge acquired on the basis of the practical activities with regard to the task in a particular case as equivalent to be.
(5) the fulfilment of which in paragraph 2 sentence 2 No. 1 and 2 and paragraph 3 sentence 1 No. 1 and 2 technical qualification requirements may be waived if the person responsible for the management and oversight of the operation 1 on 7 October 1996 at least five years of experience in the operation has carried out tasks which are comparable to those of a person responsible for the management and supervision of the operation , and 2. in the circumstances referred to in article 3, paragraph 1 the proper performance of these tasks is guaranteed.

§ 10 requests to other staff that other staff must be reliable and have a competence required for each perceived activity. With respect to the reliability corresponding to section 8, subsection 1, sentence 2 applies. The competence requires an operational training on the basis of a training plan.

§ Has 11 requirements for the training of the farmers to ensure that those responsible for the management and supervision of the operation, as well as the other staff through appropriate training have about the current state of knowledge necessary for the activity. The persons responsible for the management and supervision have regularly, at least every two years, in the sense of § 9 para 2 sentence 2 courses to participate in no. 3. The training covers the subjects referred to in the annex to this regulation. With regard to other personnel, the farmer has to determine the training needs.
Fourth section monitoring and certification of specialist disposal companies
§ 12 monitoring contract (1) the monitoring contract according to § 56 paragraph 5 of the circulatory economic law requires written form. The contract must regulate according to the requirements of sections 13 and 14 the supervision of activities as well as the certification of the operation as a waste management facility.
(2) the parties can make further agreements, insofar as they do not contradict the requirements of this regulation.

§ 13 surveillance operation (1) that technical inspection organization must in the monitoring contract undertake the requirements laid down in this regulation for the Organization, facilities and activities of operation, reliability, specialist and competence of the holder, of the persons responsible for the management and oversight of the operation and other personnel before the initial certification, after changes of the company, in addition annually to check 1. , 2. the history and the result of the audit operation in writing to document, 3. If on the basis of the examination, it is determined that the requirements referred to in this regulation are not met, operating over specifically to describe the deficiencies and 4th all documents and information including contents and results of discussions, surveys and tests, of which the technical inspection organization or experts designated by it within the framework of the implementation of the monitoring contract have become aware , to keep confidential and third parties to not available to make; without prejudice to public service obligations to the communication with the authorities.
(2) the company must undertake to 1 the appointed experts of the technical inspection organization for the examination of the information required in the requirements referred to in this regulation, to provide documents and evidence available, 2. appointed experts of technical inspection organization, insofar as this to test the requirements referred to in this regulation is necessary to allow entry of the property, business or premises, inspection of documents and carrying out technical investigations and audits as well as workers and tools available to and any changes in operation, which are 3. the technical inspection organization considerably for compliance with the requirements referred to in this regulation, immediately.
(3) the technical inspection organization is obliged to take into account also the officially published regulations, taken by the Federal and State Governments in the review as well as the relevant legislation.
(4) the technical inspection organization must when reviewing the results of tests take account of requirements set in this regulation, the 1st by an independent environmental expert or an environmental expert organisation in accordance with article 4 (3) of Regulation (EEC) no 1836/93 of 29 June 1993 allowing voluntary participation of industrial companies in a Community eco-management and audit (OJ EC No. L 168, p. 1) in conjunction with article 17 para. 4 of Regulation (EC) no 761 / 2001 of the European Parliament and of the Council of 19 March 2001 allowing voluntary participation by organisations in a Community eco-management and audit scheme (EMAS) (OJ EC No. L 114 p. 1) or in accordance with article 3 para. 2 letter d and paragraph 3 2(a) in conjunction with annex V section 4 of Regulation (EC) No. 761 / 2001 or 2. through an accredited according to DIN EN ISO 45012 point within the framework of the certification of a quality management system according to DIN EN ISO 9001, 9002, 9003 or 9004 have been made.

§ 14 certification of disposal specialist company (1) as far as is determined on the basis of the test according to section 13, that the requirements referred to in this regulation are met, and the competent authority has approved the audit contract, is the technical inspection organization committed to exhibit a written audit certificate containing the following information to the operation: 1. name and location of the operation and its certified sites, 2. the designation of certified activities of operation based on its sites and equipment , in the case of § 2 para 2 sentence 2, specifying the relevant waste types, origin areas, recovery or disposal operations, 3. specifying the name of the technical inspection organization, the date of issue and the signature of the authorized expert and head of the technical inspection organization or his representative.
(2) the audit certificate is limited in time. The validity period must not exceed a period of 18 months.
(3) with the certificate of audit is a monitoring sign to give the operation. The control characters must have the label "Waste management facility" in connection with the note on the certified activities and the technical monitoring organization be given the control character.
(4) the technical inspection organization is obliged to withdraw the audit certificate and permission to use the mark of the monitoring, if operation the requirements referred to in this regulation not met even after expiry of a period set by you, three months not exceeding 1, 2. they do this is been committed by an administrative act of the competent authority, operation certified activities in the long term is 3 or 4 the monitoring contract is terminated or cancelled for any other reason.
(5) the operation is no longer entitled to bear the monitoring marking in the cases referred to in paragraph 4, and commits to return the audit certificate of technical inspection organization at their request. With the withdrawal, the monitoring character loses its effectiveness.

Section 15 consent to the monitoring contract (1) the monitoring contract requires the approval of Supreme National Authority responsible for waste management at the Head Office of technical inspection organization or the authority designated by you; the consent and generally. At the approval of monitoring agreements, which govern the monitoring of disposal companies with locations in different countries, the authority pursuant to sentence 1 meets its decision in consultation with the competent authorities of these countries. The approval is granted if the monitoring contract 1 which meets in requirements referred to in sections 12 to 14 and the experts appointed by the technical monitoring organization with the implementation of the surveillance order for this required reliability, independence and expertise have 2.
(2) in paragraph 1 set 3 referred to in no. 2 requirements to reliability, independence and expertise shall be deemed, if the expert a an approval as environmental verifier pursuant to § 9 of the Umweltauditgesetzes or the technical monitoring organisation approval as an environmental expert organisation pursuant to § 10 of the Umweltauditgesetzes for the Division of recycling, treatment, destruction or disposal of solid or liquid waste within the meaning of article 2 letter i of to Regulation (EEC) no 1836/93 in conjunction with article 17 paragraph 3 of Regulation (EC) No. 761 / 2001 or for the divisions according to the subclasses 90.00.3 (collection, transport and temporary storage of waste), 90.00.4 (composting plants), 90.00.5 (waste incineration plants), 90.00.6 (other waste treatment plants) and 90.00.7 (landfills) in accordance with the breakdown of the NACE codes in the classification of economic activities, Federal Statistical Office, in 1993, in connection with Council Regulation (EEC) No 3037/90 of 9 October 1990 on the statistical classification of economic activities in the European Community (OJ EC No. L 293, p. 1), as amended by Regulation (EC) no 761/93 of the Commission of 24 March 1993 (OJ EC No. L 83, p. 1) and annex V section 5.2.2 of Regulation (EC) has no 761 / 2001.
(3) the consent can be granted under conditions and associated with requirements, insofar as this is necessary to ensure the consent requirements referred to in paragraph 1. The competent authority can commit in particular the technical inspection organization in individual cases or in recurring deadlines to report it on the implementation of the monitoring and certification.
(4) the consent to the monitoring contract can be revoked, 1 if a pad is associated with the consent and the Contracting Party or parties or not within a time set by you or them have met, 2. If pursuant to paragraph 1 would be entitled competent authority on the basis of subsequently occurring facts, not to consent, to prevent 3 to severe disadvantages for the welfare of the general public, or to eliminate or 4 If the technical inspection organization their obligations pursuant to article 13 (1) and § 14 incorrectly perceives.

§ 16 invalidity of the monitoring contract
The monitoring contract is invalid, so the disposal company loses the permission to conduct the audit certificate and the monitoring signs of technical inspection organization and the name of "Waste management facility". The invalidity of the contract of supervision is based on reasons which are not represented by the waste management facility, the authority responsible for the approval may allow more conducting of the audit certificate and the label "Waste management facility" for a reasonable transitional period to the disposal company.
Fifth section final provisions article 17 accessibility of the DIN standards DIN standards referenced in section 13 are at the Beuth-Verlag GmbH, Berlin, appeared and archive terms secured laid down at the German Patent Office in Munich.

Article 18 transitional provision until October 6, 1997 require the courses to meet the technical qualification requirement in accordance with § 9 para 2 sentence 2 No. 3 of any recognition by the competent authority.

Article 19 entry into force this regulation enters into force on October 7, 1996.

Concluding formula the Federal Council has approved.

Annex to the disposal compartment operating regulation expertise of the persons responsible for the management and oversight of waste management specialist company that knowledge must extend on the following areas: 1 procedural and other deposits to, measures the prevention, the proper and can recycling and the common good-friendly disposal of waste;
2. adverse environmental impacts and other dangers, significant disadvantages and considerable harassment, which can come from waste, and measures for their prevention or elimination;
3. type and characteristics of wastes requiring special monitoring;
4. rules of waste and other environmental law applicable to the waste management activities;
5. references to the legislation on dangerous goods;
6 rules of corporate liability.