Advanced Search

Regulation on the implementation of Directive 2006 /21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from the extractive industries and amending Directive 2004 /35/EC

Original Language Title: Verordnung zur Umsetzung der Richtlinie 2006/21/EG des Europäischen Parlaments und des Rates vom 15. März 2006 über die Bewirtschaftung von Abfällen aus der mineralgewinnenden Industrie und zur Änderung der Richtlinie 2004/35/EG

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Regulation on the implementation of Directive 2006 /21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from the extractive industries and amending Directive 2004 /35/EC (Recovery Waste Ordinance-Recovery AbfV)

Unofficial table of contents

Recovering AbfV

Date of completion: 27.04.2009

Full quote:

" Retrieval decree of 27 April 2009 (BGBl. 900, 947), as last amended by Article 5 (29) of the Law of 24 February 2012 (BGBl). 212) has been amended "

Status: Last amended by Art. 5 Abs. 29 G v. 24.2.2012 I 212

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 19.7.2009 + + +) 

The V was established as Article 2 of the V v. 27.4.2009 I 900 by the Federal Government and the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety after consulting the parties concerned, with due respect for the rights of the Bundestag, with the consent of the Federal Council It occurs gem. Article 4, first sentence, of this V shall enter into force on 16 July 2009. Unofficial table of contents

§ 1 Scope

(1) This Regulation shall apply to:
1.
the establishment, operation, decommissioning and aftercare of a disposal facility for mining waste in establishments which are not subject to the supervision of the mountain;
2.
the storage and storage of extraction waste for disposal purposes; and
3.
the recovery of mining waste for construction and refurbishment purposes in the excavation operation.
(2) This Regulation shall apply to:
1.
producers of profit-making waste, and
2.
the operator of a recovery plant for mining waste.
(3) The Regulation shall not apply to:
1.
Extraction plants for mining waste,
a)
which have been shut down before 1 May 2008, or
b)
in respect of which the acceptance of the loss of profits has been terminated before 1 May 2006, which took place on 1 May 2008 in the decommissioning phase and which was finally closed on 31 December 2010 at the latest,
2.
the storage of extraction waste in installations for temporary storage, as far as it is concerned
a)
hazardous waste, which is unexpectedly produced and which does not take more than six months to be stored,
b)
non-hazardous waste other than inert waste, and storage is no longer than one year,
c)
Non-hazardous waste arising from the search for storage and storage for no more than three years,
d)
wastes from the extraction, processing and storage of peat and storage is no longer than three years, or
e)
Inert waste or unpolluted soil and storage is not lasting for more than three years.
Unofficial table of contents

§ 2 Definitions

For the purposes of this Regulation:
1.
Recovery waste:
wastes which are directly incurred in the search, extraction and processing of soil and in the associated storage of mineral resources.
2.
Extraction plant for mining waste:
An installation for temporary storage or permanent deposit, in which only extraction waste with the aim of disposal is stored or deposited.
3.
Appendix of Category A:
Disposal facility for mining waste, which is based on the criteria set out in Annex III to Directive 2006 /21/EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from the extractive industries and on the Amendment of Directive 2004 /35/EC (OJ L 206, 22.7.2004 15) is to be classified as such.
Unofficial table of contents

§ 3 Establishment, operation, decommissioning and aftercare

A disposal facility for mining waste shall be constructed, operated, decommissioned and re-established in such a way as to ensure that the good of the general public is not adversely affected. This shall be ensured by appropriate siting and appropriate measures for the protection of the soil and groundwater, which correspond to the state of the art. For this purpose, depending on the hazard potential and the type of installation, the criteria according to Annex 1 of the Landfill Regulation of 27 April 2009 (BGBl. I p. 900). § 3 (3), § 4, § 7 (1), § § 8, 9, 11, 12 and 13 of the Landfill Ordinance shall apply to the other requirements that the welfare of the general public is not affected by the system pursuant to Section 15 (2) of the Circular Economic Law. accordingly. Unofficial table of contents

§ 4 Stability proof

Where the producer of production waste is to be used for the purposes of construction or renovation in the course of the excavation operation, he shall take appropriate measures to:
1.
the stability of the mining waste at the place of use is guaranteed,
2.
pollution of the body of water and soil is prevented, and
3.
the proper use is controlled.
Unofficial table of contents

Section 5 Waste management plan

The producer of production waste shall draw up a waste management plan as set out in the Annex for the disposal of production waste and shall, by submission to the competent authority, submit the waste management plan in good time, no later than two weeks before the date of receipt of the waste management plan. Activities. It has to review and adapt the waste management plan every five years to the extent that the operation of the plant, the deposition process or the reduction in the production of the waste have changed significantly. All adjustments referred to in the second sentence shall be notified to the competent authority. Unofficial table of contents

§ 6 Prevention of serious accidents and information

(1) The operator of a Category A plant shall draw up a written concept for the prevention of major accidents involving the factors set out in Section 1 of Annex I to Directive 2006 /21/EC before the plant is put into operation. In order to implement the concept, he has introduced a security management system. The concept is to be reviewed every three years and, if necessary, to be updated. The concept shall be kept available at all times for the competent authority. (2) The operator of a category A plant shall draw up an internal emergency plan before it is put into operation, which shall at least provide the information referred to in Annex I, Section 2, of the Annex. Directive 2006 /21/EC. He has to review the internal emergency plan every three years. To the extent that the review finds that there may be a significant impact on measures to prevent major accidents, the operator shall immediately update the internal emergency plan. It must inform and consult the employees before they first start their employment and thereafter at regular intervals on the rules of conduct contained in the emergency plan. (3) The operator of a category A plant has a to appoint an operational officer responsible for waste, in particular the proper implementation, verification and updating of the concept referred to in paragraph 1, and the establishment, updating of the internal emergency plan and training of employees, in accordance with (4) A significant category A plant may be subject to significant The competent authority shall have the authorities designated by the other State, at the same time and in the case of another State, which may have an effect in another State or another State which may be affected by such effects. (5) The operator of a category A plant shall have the information referred to in paragraph 2 of the competent authority for the production of external data. to make emergency plans accessible. (6) The operator of a category A plant has in the case -provide the competent authority with all the necessary information without delay to minimise the consequences of the accident for the good of the general public. Unofficial table of contents

§ 7 Security performance

The operator of a category A plant shall, prior to the commencement of the storage or storage phase, provide the competent authority with a security for the fulfilment of the conditions and conditions which are placed on the authorisation of the operation. The competent authority may require the operator of a recovery plant for mining waste which is not in the Annex to category A to provide for the performance of a security where there is concern that conditions and conditions for recultivation of the waste are not Installation, which are arranged with the operating licence, are not fulfilled. In the case of safety, Section 18 of the Landfill Regulation shall apply accordingly. Unofficial table of contents

§ 8 Application, display

(1) The operator must submit a written application to the competent authority in respect of the establishment and operation and the substantial change in the operation of a recovery plant for the production of extraction waste. The application must include the waste management plan. In addition, the scope of the particulars and documents shall apply in accordance with § 19 (1) of the Landfill Regulation. (2) The decommissioning of a disposal facility for mining waste shall have at least one year prior to the intended end of the storage facility. or storage phase to the competent authority in writing. In accordance with Section 19 (1) sentences 1, 4 and 5 of the Landfill Regulation, the notification shall be limited to the particulars relating to the decommissioning. (3) The competent authority shall have decisions concerning the establishment, operation or closure of a waste disposal facility. Disposal facility for mining waste every four years to check whether further conditions, conditions or deadlines have to be arranged or changed in order to comply with the state of the art. Unofficial table of contents

§ 9 Administrative Offences

(1) In the sense of § 69 (1) (8) of the German Circular Economy Act, who intentionally or negligently does not comply with § 6 (2) sentence 1 or sentence 3 an internal contingency plan, not correct, not complete or not. (2) acts in a timely manner in accordance with Section 69 (2) (15) of the German Circulatory Economic Law, who intentionally or negligently does not receive information in violation of § 6 (6) of the German Circular Law on the Law of the Arts, not is correct, not complete or not available in time. Unofficial table of contents

Section 10 Transitional provisions

Disposal plants for mining waste which were approved on 1 May 2008 or which are already in operation up to this date must meet the requirements of § § 3 to 6 and up to 1 May 2014 at the latest by 1 May 2012 and the requirements of § 7 . Unofficial table of contents

Annex (to § 5)
Waste Management Plan

(Fundstelle: BGBl. I 2009, 949)
1.
The producer of production waste shall draw up the waste management plan for the disposal of production waste, taking account of the principle of sustainability and the objectives set out in paragraph 2. The plan shall include all the essential aspects of the formation and disposal of the extraction waste and the arrangements and measures envisaged for the protection of the environment and human health. In so far as the information required for the waste management plan is an integral part of an excavation permit, other administrative procedures or other documents drawn up under the legislation, it may be applied to the Waste management plan is referred to.
2.
The aim of the waste management plan is to minimise the generation of waste and its pollutant potential, to promote the recovery of extraction waste and to ensure the proper disposal. To this end, waste disposal is to be carried out at the planning stage and in the selection of the process for obtaining and processing, the effects on days, the filling of excavations and the use of less harmful substances during the treatment process. shall be considered.
3.
For the elimination of the mining waste, a concept should be adopted at the planning stage, which is
a)
to prevent, or at least reduce as far as possible, the negative effects of the extraction plant for mining waste,
b)
ensure the geotechnical stability of the plant until the end of the after-care phase,
c)
as far as possible do not require after-care of the set-aside facility.
4.
The waste management plan must contain at least:
a)
the characterisation of the mining waste as set out in Annex II to Directive 2006 /21/EC and the total quantity of production waste likely to be generated during the operating phase,
b)
the procedures in which such waste is produced and any post-treatment to which such waste is subjected,
c)
information on the location of the disposal facility for the mining waste and a survey of the nature of the site surface area affected by the installation,
d)
the description of possible adverse effects on the environment and human health by the deposition of the extraction waste and the precautions to be taken to minimise the environmental impact, in particular by polluting the environment; water, leachate, water and wind erosion, during operation and after decommissioning, taking into account the geological, hydrological and hydrogeological, seismic and geotechnic conditions of the site of the plant;
e)
the measures for the protection of water, soil and air, in particular by monitoring the physical and chemical stability of the plant, for example by means of measuring and monitoring equipment which is always ready for use, regular cleaning of overflow channels and channels,
f)
the control and surveillance activities carried out by persons responsible,
g)
decommissioning, including re-use, follow-up and monitoring,
h)
the classification of the installation in accordance with the criteria set out in Annex III to Directive 2006 /21/EC, including the necessary information on the relevant facts and reasons for the classification,
i)
Arrangements and measures to limit major accidents, including the information required for the establishment of internal emergency plans, in accordance with Article 6 of category A installations,
j)
an assessment of the potential hazards arising from accidents in respect of installations not classified in category A.