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Hazardous Waste – Declassification
Business management → Waste

Requirement

Name

Hazardous Waste – Declassification (B)

General information

By means of the declassification process proof is furnished to substantiate that a certain waste which is considered to be hazardous in legal terms is not hazardous in the individual case.

Certain types of hazardous waste (e.g. asbestos waste) are "non-declassifiable" – this means that declassification is not permitted for these types of hazardous waste.

A declassification can be performed by the following persons:

  • By the relevant waste holder ("normal declassification") or
  • By the owner of the landfill or for the purpose of landfilling on his/her landfill ("declassification for landfilling")

Prerequisites

Proof of the non-hazardous property of that waste

Deadlines

There are no specific time limits.

Required documents

Normal declassification

  • Assessment concerning declassification as provided for in the Festsetzungsverordnung by an authorised external expert or expert institute furnishing proof of the non-hazardous property of the waste (including the bases of the assessment, outcome of the examination of properties which may render the waste hazardous, outcome of the chemical analysis).

Declassification for landfilling

  • Proof of the assessment as provided for in the Deponieverordnung 2008
  • Enclosures such as, for example:
    • Sampling protocols
    • Methods of analysis with detection limits

Costs

  • For the notification
    • Federal fee: 14.30 Euro
  • Additionally
    • Attachment fees (are only incurred if attachments are added to the application): 3.90 Euro per sheet (21.80 Euro per attachment as a maximum)

Forms

  • Leaflet for the notification of declassification according to Annex 3 to the Festsetzungsverordnung for the proof of the non-hazardous property
  • Leaflet for the assessment concerning declassification according to Annex 3 to the Festsetzungsverordnung


Responsible department

Competent authority


Detail information

Procedure

Normal declassification

Normal declassification starts with a notification on the part of the waste owner. In the event of formal or content-related deficiencies of the notification the competent body will request the waste owner to make improvements and will set a deadline for such improvements. The notification is considered to have been submitted only on the day on which the remedied documents are received by the competent body. If the waste owner fails to comply with the order to remedy in full or within due time, the notification will be rejected within six weeks after the deadline for the requested remedy. If the Federal Ministry for Sustainability and Tourism does not respond within a certain period, the specified waste will be considered to be non-hazardous:

  • within six weeks of receipt of the notification or
  • in the event of an order to remedy, within six weeks of receipt of the remedied documents.

This legal consequence does not apply if the notification is based on a false or manipulated assessment.

The waste owner can request the competent body to inform him/her that proof of the non-hazardous property has been notified and that no order to remedy needed to be issued.

The waste is regarded as non-hazardous

  • as of receipt of this information,
  • not later than within six weeks of the receipt of the notification concerning declassification by the competent body or, in the event of an order to remedy, within six weeks of receipt of the completely remedied documents.

Declassification for landfilling

The declassification for landfilling is initiated by a notification from the landfill owner who wishes to dump this specific waste on his/her landfill. As of the (permitted) delivery of the waste to the landfill following due notification the waste is considered to be non-hazardous. In the event of deficiencies of the notification, the competent body will request the landfill owner to make improvements and to set a deadline for doing so. If the notification is remedied in due time, the notification will be considered as having been submitted originally correctly.

If the notification is based on a false or manipulated assessment, the waste continues to be regarded as hazardous!

Additional information

Transfer of the assessment quantity to another person ("third party") during the procedure

If the assessment quantity is transferred to a third party during the declassification, the notification is considered to have been withdrawn. The transfer of the assessment quantity has to be reported to the Federal Ministry for Sustainability and Tourism without delay.

Process declassification

Where proof of the non-hazardous property was furnished in the framework of a declassification process, the quantity of waste declassified in the previous calendar year has to be reported to the competent body by 10 April of each year at the latest. 

A process declassification is valid for a period of two years as a maximum. If the waste holder, on the basis of examinations, confirms the constant quality of the process annually, the duration of the declassification is extended to a maximum of four years.

Depositing hazardous waste on landfills

It is prohibited to deposit hazardous waste on above-ground landfills, e.g. the waste must be declassified prior to above-ground depositing (wherever permissible) or must be subjected to alternative treatment.

Declassification of solidified, stabilised or immobilised waste

The declassification of solidified, stabilised or immobilised waste is permitted only for the purpose of landfilling.

Declassification of excavated material

For excavated material, the assessment concerning declassification has to be carried out before excavating or removing the material.

Legal basis