Ordinance on waste disposal companies (waste disposal specialist for waste disposal)

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EfbV

Date of completion: 10.09.1996

Full quote:

" Ordinance on waste disposal on 10 September 1996 (BGBl. 1421), as last amended by Article 2 of the Regulation of 5 December 2013 (BGBl I). I p. 4043).

Status:

Last amended by Art. 2 V v. 5.12.2013 I 4043

For more details, please refer to the menu under Notes
This Regulation shall be used for the implementation of Council Directive 75 /442/EEC of 15 July 1975 on waste (OJ L 73, 27.2.1975, p. EC No 47), as defined by Council amending Council Directive 91 /156/EEC of 18 March 1991 (OJ L 194, 25.7.1991, p. EC No 32), as amended.

Footnote

(+ + + Text evidence from: 7.10.1996 + + +) 
(+ + + Official note from the norm-provider on EC law: 
 Implementation of the 
 EWGRL 442/75 (CELEX Nr: 375L0442) + + +) 

  

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Input formula

On the basis of § 52 (2) of the German Circular Economy and Waste Act of 27 September 1994 (BGBl. 2705), the Federal Government, after consulting the interested parties, is responsible for: Unofficial table of contents

Content Summary

First section
	General provisions
		§ 1	Scope
		§ 2	Waste disposal operation, definitions
Second section
	Request for the organisation, equipment and activities of a waste disposal company
		§ 3	Requirements for the operational organization
		§ 4	Request to the staff equipment
		§ 5	Operational diary
		§ 6	Insurance cover
		§ 7	Requirements for activity
Third Section
	Requirements for the holder of the holding and the persons employed in the waste management company
		§ 8	Requirements to be met by the farmer
		§ 9	Requirements for the persons responsible for the management and supervision of the holding
		§ 10	Requirements for other staff
		§ 11	Training requirements
Fourth Section
	Monitoring and certification of waste disposal companies
		§ 12	Monitoring Contract
		§ 13	Monitoring of the operation
		§ 14	Certification of the waste disposal company
		§ 15	Consent to the monitoring contract
		§ 16	Invalidity of the monitoring contract
Fifth Section
	Final provisions
		§ 17	Accessibility of DIN standards
		§ 18	Transitional provision
		§ 19	entry into force

First section
General provisions

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§ 1 Scope

This Regulation lays down the requirements for specialist waste disposal companies which, according to § 56 of the Circular Economic Act, have concluded a monitoring contract with a technical monitoring organisation or wish to obtain the right to obtain the right to dispose of The monitoring signs of a recognised waste disposal community shall be carried out. It also regulates the monitoring and certification of waste disposal companies on the basis of a monitoring contract concluded with a technical monitoring organisation. For the monitoring and certification of waste disposal companies by waste disposal communities, the directive applies to the activities and recognition of waste disposal communities. Unofficial table of contents

§ 2 Waste disposal operation, definitions

(1) The waste disposal plant within the meaning of this Regulation may become a holding company which shall:

1.

be collected, transported, stored, treated, treated, recovered or disposed of in commercial or commercial undertakings or in public bodies,

2.

shall be able to carry out one or more of the activities referred to in point 1 on the basis of its organisational, staffing and technical equipment, and

3.

in respect of one or more of the activities referred to in point 1, the requirements of the organisation, equipment and activities referred to in the Regulation, as well as the reliability, technical and technical expertise of the holder and of the holding in operation Persons fulfilled.

(2) Waste disposal operations within the meaning of this Regulation may also become a part of an undertaking which satisfies the requirements referred to in paragraph 1. The waste disposal specialist can limit its specialist operations to

1.

certain types of waste or waste from certain areas of origin,

2.

certain methods of recovery or disposal, or

3.

certain locations.

(3) The use of the term "waste disposal specialist" is prohibited

1.

for sites for which a company does not have an effective monitoring certificate issued by a technical monitoring organisation pursuant to Article 14 (1) or a waste disposal community recognised in accordance with Article 56 (6) of the Circular Economic Law,

2.

for installations for which an undertaking does not have an effective certificate within the meaning of point 1,

3.

for activities for which an undertaking does not have an effective certificate within the meaning of point 1.

A monitoring mark of a technical monitoring organisation according to § 14 para. 3 or a waste disposal community recognised in accordance with § 56 paragraph 6 of the Circular Economic Law shall not be permitted without one of the monitoring certificates referred to in sentence 1 (4) A farmer within the meaning of this Regulation shall be those natural or legal persons or the non-legally competent association of persons engaged in the disposal operation. (5) For the management and supervision of the Holding responsible persons are those natural persons who have been appointed by the farmer with the technical management, supervision and control of the waste management activities carried out by the holding, in particular with a view to complying with the rules and arrangements in force for this purpose; (6) Other staff within the meaning of this Regulation shall be employed persons and other persons employed in the establishment who are involved in the execution of the waste management activities.

Second section
Requirements for the organisation, equipment and activities of a waste disposal company

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§ 3 Requirements for the operational organisation

(1) The organisation of the waste disposal operation must be designed in such a way as to ensure the necessary supervision and control of the waste management activities carried out by the holding. The organisation of the organisation shall include, in particular, the purpose, activity and size of the holding, the activity of the persons employed in the holding, and the nature, in particular the risk, nature and quantity of the waste to which the organisation is concerned. (2) In the case of waste management activities carried out during operation, responsibility and decision-making and participation powers are:

1.

the holder of the holding or, in the case of legal persons or non-legal persons, associations of persons entitled to representation or management pursuant to the law, the statutes or the social contract,

2.

the persons responsible for the management and supervision of supervision,

3.

of the operating officers who are to be ordered in accordance with environmental or dangerous goods regulations, and

4.

of other staff

in the form of functional descriptions and organisational plans. (3) In so far as it requires the proper and professional performance of the waste management activities carried out during the operation, these activities shall be Work procedures to be set by work instructions. Unofficial table of contents

§ 4 Requirements for personnel equipment

(1) The waste disposal specialist has at least one person responsible for the management and supervision of the holding to be ordered for each location. The farmer may himself take the place of a responsible person. If a waste disposal specialist has several locations or if several waste disposal companies are parts of the same company, a joint responsible person may be appointed for the same, if in this way an appropriate fulfilment of the provisions of § 2 para. (2) In addition to the persons responsible for the management and supervision of the holding, the waste disposal specialist must have sufficient other personnel. This condition is fulfilled if the existing personnel can ensure an operating routine that is fairly well-to-know. Proof of sufficient staff strength shall be based on an operational plan. In so doing, it is necessary to take into account the usual outages of individuals by means of holidays, illness and training. Unofficial table of contents

§ 5 Operating diary

(1) The waste disposal specialist has to carry out an operating diary for each location in order to prove that the waste management activities are carried out in a correct and professional manner. The operating diary shall contain all the data essential for the detection of the proper leftist of the waste, in particular:

1.

information on the type, quantity, origin and whereabation of the waste collected, transported, stored, treated, processed or disposed of by the specialist waste disposal plant, including documentation of the performance carried out,

2.

particular incidents, in particular operational disruptions, which may have an impact on proper disposal, including possible causes and remedial measures,

3.

the documentation of a lack of conformity of the waste collected with the information provided by the waste producer, and the indication of the measures taken,

4.

an indication of the person responsible for collecting, transporting, storing, handling, processing or disposal, and, in the case of the assignment of a non-certified holding pursuant to § 7 (3), the respective extent of the assignment and

5.

the results of plant-and substance-related control investigations, including functional checks (ego and external controls).

(2) The operating diary shall be regularly checked by the person responsible for the management and supervision of the holding. It may be carried out by means of electronic data processing or in the form of individual sheets for different areas of activity or parts of operations, if the sheets are collated daily. It is to be created in a document-safe way and to protect against unauthorized access. The operating diary must be able to be viewed at any time and must be presented in clear form. (3) The operating diary shall be kept for five years. Unofficial table of contents

§ 6 Insurance cover

The waste disposal specialist must have an insurance cover which is sufficient for its waste management activities. The nature and extent of the necessary insurance cover shall be determined on the basis of an operational risk assessment. Insurance cover must:

1.

in the case of establishments which store, treat, use or dispose of waste, at least one environmental liability insurance scheme and a liability insurance scheme for the use of the company;

2.

in the case of holdings which collect or transport waste, motor vehicle liability insurance, including environmental liability insurance relating to the collection and transport operation,

. Unofficial table of contents

§ 7 Requirements for the activity

(1) The waste disposal specialist has to comply with the public law provisions applicable to its waste management activities. The farmer shall provide proof that the administrative decisions required for the activities of the waste disposal company, in particular planning findings, authorisations, authorisations, authorisations and authorisations, are available and the conditions attached to them and other orders of the competent authorities. (2) In the context of the certified activity, the waste disposal specialist shall only be required to commission a third party if the third party is responsible for the has also been certified as waste disposal specialist or the conditions set out in paragraph 3. The responsibility of the waste disposal specialist for the proper execution of the activities remains unaffected by this. (3) The waste disposal specialist company may not be responsible for the disposal of the waste disposal specialist in respect of their respective activities as waste disposal companies. They are certified to carry out certified activities on a total of insignificant levels. In any case, the waste disposal specialist shall ensure that these activities are carried out in a way that is appropriate for the purpose and proper control by careful selection and sufficient control. This shall in particular require that:

1.

the specialist waste disposal company shall ensure that it is satisfied before the contract is carried out that:

a)

the third party fulfils the conditions set out in paragraph 1 in this activity,

b)

in the case of third parties, the necessary supervision and control of the activity to be carried out is ensured

c)

the third party and its staff possess the reliability, physical and technical knowledge required for this activity,

2.

the insurance cover of the waste disposal company also extends to the activities of the third party or the third party provides him with an adequate insurance cover which corresponds to § 6,

3.

is laid down in a contractual or otherwise binding manner, in which way the relevant activity is to be carried out and where the waste is to remain,

4.

the specialist disposal company is contractually entitled to instructions to the third party in respect of the manner in which the activity in question is carried out properly,

5.

the disposal specialist shall be granted a contract of control over the contract; and

6.

the third party undertakes to carry out § 5 corresponding proof of the conduct of his work and the proper leeway of the waste and to leave a copy of this evidence to the waste management company unsolicly.

Third Section
Requirements for the holder of the holding and the persons employed in the waste management company

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§ 8 Requirements for the farmer

(1) The farmer shall be reliable. The reliability requires that the farmer, his legal representatives and, in the case of legal persons or non-legal persons ' associations, the persons referred to in the law, the statutes or the social contract for representation or management (2) The required reliability is not usually given if one of the following persons is entitled to the right of the person to be able to perform the duties of the person concerned. persons referred to in the second sentence of paragraph 1

1.

for breach of the rules

a)

the criminal law relating to offences of common interest or offences against the environment;

b)

the protection of immission protection, waste, water, natural and landscape protection, chemicals, genetic engineering or nuclear and radiation protection law,

c)

the right of food, medicine, plant protection or disease;

d)

of industrial or industrial property rights,

e)

of narcotics, weapons or explosives

is subject to a fine of more than two thousand five hundred euros or a fine or a fine of more than two thousand euros; or

2.

has repeatedly or grossly failed to comply with the provisions of point 1 (a) to (e).

(3) In order to prove the reliability, a certificate of management and information shall be provided during the initial inspection and in the event of a change of the persons referred to in paragraph 1, or if a verification of reliability is required for other reasons. to be submitted from the commercial register. Unofficial table of contents

§ 9 Requirements for the persons responsible for the management and supervision of the holding

(1) The persons responsible for the management and supervision of the holding must be reliable. Section 8 (1), second sentence, (2) and (3) shall apply. (2) The persons responsible for the management and supervision of the establishment must possess the technical knowledge required for their field of activity. The technical customer requires

1.

the completion of studies in the fields of engineering, chemistry, biology or physics at a university, a technical training in technical education or qualification as a master in a field of expertise to which the company is responsible for: of its plant and process technology, or its operations,

2.

in the course of a two-year practical activity, knowledge of the waste management activity for which a management or supervisory function is intended, and

3.

participation in one or more courses recognised by the competent authority, in which knowledge has been provided in accordance with the Annex to this Regulation, which are necessary for the tasks of the persons referred to in the first sentence; Collectors and carriers of waste shall be subject to Appendix 1 of the Ordinance on Display and Permits of 5 December 2013 (BGBl. I p. 4043).

(3) In so far as the circumstances referred to in § 3 (1) sentence 2 are taken into account, the proper performance of the tasks of the persons responsible for the management and supervision of the holding can be guaranteed, as a condition for the Technical customer is also recognized

1.

completed vocational training in a specialist area to which the company is to be assigned in respect of its plant and process technology or its operations, and in addition

2.

in the course of a four-year practical activity, knowledge of the waste management activity for which a management or supervisory function is intended.

The training in subjects other than those referred to in the second sentence of paragraph 2 and in the first sentence of paragraph 3 may be recognised if such training is to be taken into account in terms of the task of the task of the circumstances referred to in the second sentence of Article 3 (1) shall be deemed to be equivalent. Professional experience in areas other than those referred to in the second sentence of the second sentence of paragraph 2 and in the second sentence of paragraph 3 may be recognised if the knowledge acquired on the basis of practical activity in respect of the purpose of the work is carried out in the (5) The fulfilment of the technical requirements referred to in the second and second sentence of the second sentence of paragraph 2 and the first sentence of paragraph 3 of the first sentence of paragraph 2 may not be fulfilled if the conditions for the management and supervision of the holding are to be met. responsible person

1.

on the 7th for at least five years in operation, have performed tasks comparable to those of a person responsible for the management and supervision of the holding; and

2.

the proper performance of these tasks shall be ensured, taking into account the circumstances referred to in § 3 (1).

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Section 10 Requirements for other staff

The other staff must be reliable and have the necessary expertise to carry out the activities carried out in each case. With regard to reliability, Section 8 (1) sentence 2 shall apply. The subject-matter requires an operational familiaration on the basis of a single-work plan. Unofficial table of contents

Section 11 Requirements for training

The farmer shall ensure that the persons responsible for the management and supervision of the holding, as well as the other staff, shall be provided with appropriate training on the current level of knowledge required for the operation. . The persons responsible for the management and supervision shall participate regularly, at least every two years, in training courses within the meaning of section 9 (2) sentence 2 no. 3. The training measures shall cover the areas referred to in the Annex to this Regulation. With regard to other staff, the farmer has to identify the need for training.

Fourth Section
Monitoring and certification of waste disposal companies

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§ 12 Surveillance Treaty

(1) The supervision contract in accordance with § 56 (5) of the Circular Economic Law requires the written form. The contract must govern the monitoring of the operation as well as the certification of the holding as a waste disposal company in accordance with the requirements of § § 13 and 14. (2) The Contracting Parties may make further agreements as far as these agreements are concerned. Do not object to the requirements of this Regulation. Unofficial table of contents

§ 13 Monitoring of the operation

(1) The technical monitoring organisation must commit itself to the monitoring contract;

1.

the requirements laid down in this Regulation concerning the organisation, equipment and activities of the holding, the reliability, technical and technical expertise of the holder responsible for the management and supervision of the holding, persons and other personnel prior to the initial certification, following substantial changes to the holding, and in the rest of the year,

2.

document the course and outcome of the audit in writing,

3.

in so far as it is established, on the basis of the examination, that the requirements set out in this Regulation are not fulfilled, to indicate to the establishment the deficiencies identified, and

4.

all documents and information, including the content and results of discussions, investigations and audits, of which the technical monitoring organisation or the experts appointed by it, in the context of the implementation of the They shall be treated as confidential and shall not be made available to third parties; public service obligations shall remain unaffected by the notification to the authorities.

(2) The establishment must undertake to:

1.

provide all the information, documents and evidence required for the examination of the requirements set out in this Regulation to the technical monitoring organisation ' s experts,

2.

the competent experts of the technical monitoring organisation, in so far as it is necessary to examine the requirements referred to in this Regulation, entering the land, business or operating premises, the inspection of to permit documentation and the taking of technical investigations and tests, as well as to make available to workers and tools, and

3.

to notify the technical monitoring organisation of any changes in the operation which are significant for the performance of the requirements referred to in this Regulation.

(3) The technical monitoring organisation is obliged to take into account, in the course of the review, in addition to the relevant legislation, the officially published administrative provisions of the Federal Government and the Länder. (4) The the technical monitoring organisation shall take into account, in the review of the requirements laid down in this Regulation, the results of tests which:

1.

by an independent environmental verifier or an environmental verifier organisation in accordance with Article 4 (3) of Council Regulation (EEC) No 1836/93 of 29 June 1993 on the voluntary participation of industrial undertakings in a Community scheme for environmental management and audit (OJ C 327, 22.4.2004, p. EC No 1), in conjunction with Article 17 (4) of Regulation (EC) No 761/2001 of the European Parliament and of the Council of 19 March 2001 on the voluntary participation of organisations in a Community eco-management system and the Audit of the environment (EMAS) (OJ L 327, 28. EC No 1), or in accordance with Article 3 (2) (d) and (3) (a) in conjunction with Annex V (4) to Regulation (EC) No 761/2001, or

2.

by a body accredited according to DIN EN ISO 45012 within the framework of the certification of a quality management system according to DIN EN ISO 9001, 9002, 9003 or 9004

have been made. Unofficial table of contents

§ 14 Certification of the waste disposal company

(1) Where it is established, on the basis of the examination in accordance with § 13, that the requirements set out in this Regulation have been met and the competent authority has agreed to the monitoring contract, the technical monitoring organisation shall be obliged to: a written monitoring certificate shall be issued to the holding with the following information:

1.

name and location of the holding and its certified locations,

2.

the name of the certified activities of the holding referred to its sites and installations, in the case of the second sentence of section 2 (2), specifying the respective types of waste, the areas of origin, the recovery or disposal procedure,

3.

Indication of the name of the technical monitoring organisation, the date of issue and the signature of the expert officer and of the head of the technical monitoring organisation or of his authorised representative.

(2) The monitoring certificate shall be limited to a limited period. The period of validity may not exceed 18 months. (3) The monitoring certificate shall be accompanied by a monitoring mark. The monitoring mark must have the name 'disposal specialist' in connection with the reference to the certified activity and the technical monitoring organisation responsible for the monitoring sign. (4) The technical Surveillance organization shall be obliged to withdraw the monitoring certificate and the authority to guide the surveillance character if:

1.

the holding does not meet the requirements set out in this Regulation even after the expiry of a period not exceeding three months, which it has set,

2.

it has been obliged to do so by an administrative act of the competent authority,

3.

the operation stops the certified activity in the long term, or

4.

the monitoring contract is terminated or becomes ineffective for other reasons.

(5) In the cases referred to in paragraph 4, the holding shall no longer be entitled to carry out the monitoring mark and shall be obliged to return the monitoring certificate to the technical monitoring organisation at its request. With the withdrawal, the monitoring character loses its effectiveness. Unofficial table of contents

Section 15 Assent to the Surveillance Treaty

(1) The monitoring contract shall be subject to the approval of the waste management competent authority at the head office of the technical monitoring organisation or of the authority designated by it; consent may also be given in general terms. In the case of consent to surveillance contracts, which also regulate the supervision of disposal establishments with locations in other countries, the competent authority in accordance with the first sentence shall take its decision in consultation with the competent authorities of those countries. Consent shall be given if:

1.

the monitoring contract complies with the requirements set out in § § 12 to 14; and

2.

the experts responsible for carrying out the monitoring mission by the technical monitoring organisation shall have the reliability, independence and technical expertise required for this purpose.

(2) The requirements for reliability, independence and expertise referred to in the third sentence of paragraph 1, point 2, shall be deemed to be fulfilled if the expert is to be admitted as an environmental verifier in accordance with § 9 of the Environmental Law or the technical Monitoring organisation an authorisation as an environmental verifier organisation according to § 10 of the Environmental Law for the Recycling, Treatment, Destruction or disposal of solid or liquid waste within the meaning of Article 2 (c) (i) of Regulation (EEC) No 1836/93, in conjunction with Article 17 (3) of Regulation (EC) No 1836/93 761/2001 or for the divisions according to subcategories 90.00.3 (collection, transport and interim 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 (landfill) according to the breakdown of the NACE code in the classification of economic activities, Federal Statistical Office, 1993, in conjunction with Council Regulation (EEC) No 3037/90 of 9 December 1990. October 1990 on the statistical classification of economic activities in the European Community (OJ L 327, 28.12.1990, p. EC No 1), as amended by Commission Regulation (EC) No 761/93 of 24 March 1993 (OJ 1993 L 293, p. EC No 1) and Annex V, Section 5.2.2 of Regulation (EC) No 761/2001. (3) The consent may be granted under conditions and subject to conditions, where necessary, in order to meet the conditions of consent referred to in paragraph 1 to ensure. The competent authority may, in particular, require the technical monitoring organisation to report to it on a case-by-case basis, or in recurrent periods, on the implementation of the monitoring and certification process. (4) The consent of the competent authority The monitoring contract may be revoked,

1.

if a condition is attached to the consent and the contracting party or both parties have not, or have not fulfilled, within a period of time, or within a period set by it,

2.

if the competent authority referred to in paragraph 1 would be entitled, on the basis of retrospectively made facts, not to give its consent,

3.

in order to prevent or eliminate serious disadvantages for the good of the general public, or

4.

if the technical monitoring organisation fails to fulfil its obligations properly in accordance with Section 13 (1) and (14).

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Section 16 Unenforceability of the monitoring contract

If the monitoring contract becomes ineffective, the waste disposal specialist shall lose the right to carry out the monitoring certificate and the monitoring sign of the technical monitoring organisation and the name "disposal specialist". If the ineffectiveness of the monitoring contract is based on reasons not to be represented by the waste disposal company, the competent authority responsible for the approval may further conduct the monitoring certificate and the competent authority for the disposal of the waste disposal specialist. Permit the designation "disposal specialist" for an appropriate transitional period.

Fifth Section
Final provisions

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§ 17 Accessibility of DIN standards

DIN standards, which are referred to in § 13, have been published by Beuth-Verlag GmbH, Berlin, and are deposited at the German Patent Office in Munich in terms of their archives. Unofficial table of contents

Section 18 Transitional provision

Up to 6. In accordance with Section 9 (2), second sentence, no. 3, the courses required for the fulfilment of the requirements of the specialist knowledge are not recognized by the competent authority in October 1997. Unofficial table of contents

Section 19 Entry into force

This Regulation shall enter into force on 7 July October 1996, in force. Unofficial table of contents

Final formula

The Federal Council has agreed. Unofficial table of contents

Annex to the Waste Disposal Specialist for Waste Disposal
Technical customer of the persons responsible for the management and supervision of a waste management company

The knowledge must cover the following areas:

1.

-, procedural and other measures of prevention, of the proper and harmless recovery and of the communal disposal of waste;

2.

harmful environmental impacts and other hazards, major drawbacks and significant nuisances that can be caused by waste and measures to prevent or eliminate them;

3.

the nature and nature of waste which is particularly vulnerable to surveillance;

4.

rules on waste legislation and other environmental law applicable to waste management activities;

5.

References to the right to dangerous goods;

6.

Rules of operational liability.