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Appoint waste management officers (waste officers)

You

  • operate a plant requiring a permit, a landfill site, a hospital or a wastewater treatment plant of size class 5,
  • are a holder of waste within the meaning of Section 27 of the Closed Substance Cycle Waste Management Act (e.g. because you take back packaging, waste electrical and electronic equipment or waste batteries) or
  • operate a take-back system for sales packaging, waste electrical and electronic equipment or waste batteries, or
  • sell electrical or electronic equipment in your food store (> 800 square meters) permanently or several times a year?

Under certain conditions, you must appoint a company representative or a company representative for waste (waste representative). You can also appoint several people as waste officers. You can find out for which facilities you actually have to appoint waste officers in the Ordinance on Waste Officers.

The tasks of waste officers include, among other things

  • Monitoring waste streams generated in the company from generation or delivery to disposal.
  • Compliance with legal regulations and official requirements.
  • Notification of deficiencies and development of proposals to rectify them.
  • Informing employees about the harmful effects of waste on the environment.
  • Developing and introducing environmentally friendly processes and products.
  • Drawing up an annual report on the measures taken and planned in connection with the generation and disposal of waste.

You must support your waste officer in the fulfilment of their tasks. To do this, you must provide him or her with

  • Provide rooms, facilities and equipment as required and
  • enable participation in training courses.

Prerequisite

As a waste manager, you may only deploy employees who have the necessary expertise and reliability. The following are considered proof of expertise

  • relevant training (degree, technical college or vocational training, qualification as a master craftsman),
  • one year of practical experience during which the required knowledge of the company and the prevention and management of waste was acquired and
  • participation in a recognised training course in which the required knowledge was acquired.

Responsible department

  • the lower waste authority
    is the lower waste authority,
    • if your company is located in a rural district: the district office
    • if your company is located in an urban district: the municipal administration.
  • by way of exception, the regional council
    The regional council is responsible if at least one of the following facilities is present or is to be erected on your company premises:
    • IE installation (installation in accordance with the Industrial Emissions Directive 2010/75/EU) or
    • Hazardous incident facility (operating area within the meaning of Section 3 (5a) of the Federal Immission Control Act)

Procedure

Firstly, you must inform the works council or staff council of the impending appointment of a waste officer and the tasks to be assigned to him or her.

You must appoint the waste officer in writing and notify the competent authority. You must precisely describe the tasks of the waste officer in the appointment.

You must also notify the competent authority of any changes to the area of responsibility and the dismissal of waste officers.

You must ensure that your waste officers take part in training programmes on a regular basis, but at least every two years.

Deadlines

Appointment, notification of changes or dismissal: as quickly as possible

Required documents

none

Costs

none

Miscellaneous

As a business owner, you are responsible for ensuring that the waste management officers can submit their suggestions and comments directly to the relevant authority.

To do this, you must be integrated into your company's environmental management system.

In individual cases, the competent body can regulate, extend or restrict the tasks of the waste officers in more detail if this does not impair proper self-monitoring.

Appeal

If a decision by the authority is required (e.g. in the case of an application for exemption from the obligation to appoint a waste manager or a waste representative), the authority will send you the decision as a formal notification.

This decision also contains a reference to the legal options available to you if you do not agree with the decision.

This appeal also contains deadlines that you must observe.

The appeal also contains information on the body to which you can turn in such a case.

Legal basis

Kreislaufwirtschaftsgesetz (KrWG)

  • § 27 - Besitzerpflichten nach Rücknahme
  • § 59 - Bestellung eines Betriebsbeauftragten für Abfall
  • § 60 - Aufgaben des Betriebsbeauftragten für Abfall

Verordnung über Betriebsbeauftragte für Abfall

Richtlinie 2010/75/EU über Industrieemissionen

Außerdem finden die Vorschriften für den Immissionsschutzbeauftragten auch Anwendung bei den Abfallbeauftragten. Daher beachten Sie auch:

Bundes-Immissionsschutzgesetz (BImSchG)

  • § 3 Absatz 5a - Begriffsbestimmungen
  • § 4 - Genehmigung
  • §§ 53 ff. - Bestellung und Aufgaben des Betriebsbeauftragten für Immissionsschutz

Release note

machine generated, based on the German release by: Umweltministerium Baden-Württemberg, 18.07.2024