Verordnung zur Vereinfachung des Deponierechts _ _

Document Sample
Verordnung zur Vereinfachung des Deponierechts _ _ Powered By Docstoc
					1. ------IND- 2008 0428 D-- EN- ------ 20081113 --- --- PROJET


                  Ordinance on the Simplification of Waste Disposal Regulations
                      (Verordnung zur Vereinfachung des Deponierechts) 1) 2)


On the grounds of

-       Article 3(11) sentence 3, Article 7(1)(1), (2) and (4), Article 12(1), Article 32(4) sentence
        4, Article 36c(1) to (3) and Article 52(2) sentence 1 of the Closed Substance Cycle and
        Waste Management Act, of which Article 3(11) sentence 3, Article 32(4) sentence 4 and
        Article 36c(1) to (3) have been amended by Article 8(2) and (6)(c)(bb) and Article 8(10)
        of the Act of 27 July 2001 (Federal Law Gazette I, p. 1950) and Article 12(1) by Article
        1(4) of the Act of 15 July 2006 (Federal Law Gazette I, p. 1619), after hearing the parties
        involved,

-       Article 34(1) sentence 2, Article 36c(4) and Article 57 of the Closed Substance Cycle
        Waste Management Act, of which Article 34(1) sentence 2 and Article 36c(4) have been
        amended by Article 8(8)(b) and Article 8(10) of the Act of 27 July 2001 (Federal Law
        Gazette I, p. 1950),

in respect of Article 7(1)(1) and (4) and Article 57, each in conjunction with Article 59 of the
Closed Substance Cycle Waste Management Act, and while respecting the rights of the
Bundestag, as well as on the basis of

-       Article 7(1) to (3) of the Federal Pollution Control Act (Bundes-Immissionsschutzgesetz),
        of which Article 7(1) has been amended by Article 7(1) of the Act of 6 January 2004
        (Federal Law Gazette I, p. 2), after hearing the parties involved,

-       Article 7(4) of the Federal Pollution Control Act, and

-       Article 7a(1) sentence 3 in conjunction with Article 7a(2) of the Water Management Act
        (Wasserhaushaltsgesetz) in the version of Announcement dated 19 August 2002 (Federal
        Law Gazette I, p. 3245)

the Federal Government and, based on Article 54(1) sentence 2 of the Closed Substance Cycle
and Waste Management Act after hearing the parties involved, the Federal Ministry of the
Environment, Nature Conservation and Nuclear Safety hereby decree the following:

1
         This Regulation serves to implement the following:
- Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control (OJ EC
No L 257, p. 26),
- Council Directive 97/11/EC of 3 March 1997 amending Directive 85/337/EEC on the assessment of the effects of
certain public and private projects on the environment (OJ EC No L 73, p. 5),
- Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste (OJ EC No L 182, p. 1),
- Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste (OJ EU No L 114,
p. 9),
- Directive 2006/21/EC of the European Parliament and of the Council of 15 March 2006 on the management of
waste from extractive industries and amending Directive 2004/35/EC (OJ EU No L 102, p. 15).
2
         The obligations arising from Directive 98/34/EC of the European Parliament and of the Council of
22 June 1998 laying down a procedure for the provision of information in the field of technical standards and
regulations and of the rules on information society services (OJ EU L 204, p. 37), last amended by Council Directive
2006/96/EC of 20 November 2006 (OJ EU L 363, p. 81) have been observed.
2
                                                3


                                            Article 1

                          Ordinance on Landfills and Long-term Storage
                                  (Landfill Ordinance (DepV))

Table of contents

Part 1 General Provisions

Article 1 Scope of application
Article 2 Definitions

Part 2 Installation, Operation, Decommissioning and Aftercare of Landfills

Article 3 Installation
Article 4 Organisation and staffing
Article 5 Commissioning
Article 6 Conditions for landfilling
Article 7 Non-licensed waste
Article 8 Acceptance procedures
Article 9 Handling waste
Article 10 Decommissioning
Article 11 Aftercare
Article 12 Actions to verify, reduce and prevent emissions, nuisances and hazards
Article 13 Information and documentation

Part 3 Recovery of Landfill Replacement Construction Materials

Article 14 Principles
Article 15 Areas of use and classification
Article 16 Placing on the market of waste
Article 17 Acceptance procedures and documentation

Part 4 Other Provisions

Article 18 Provision of security
Article 19 Application, notification
Article 20 Transboundary participation of institutions and of the public
Article 21 Decisions by official authorities
Article 22 Verification of official decisions

Part 5 Long-Term Storage

Article 23 Installation and operation
Article 24 Decommissioning and aftercare
Article 25 Exemption

Part 6 Final Provisions

Article 26 Existing landfills during the disposal phase
Article 27 Existing landfills during the decommissioning phase
Article 28 Operational long-term storage facilities
                                                    4


Article 29 Breaches of administrative rules
Article 30 Transitional provisions

Annex 1:
Site requirements, the geological barrier, bottom liner and surface sealing systems for landfills of
classes 0, I, II and III (referring to Article 2(4), Article 3(1), Article 10(1), Article 23, Article
30(1) and (2))
Annex 2:
Site requirements, geological barrier, proof of long-term safety and decommissioning measures
for class IV landfills in salt rocks (referring to Article 3(2), Article 10(1), Article 11(2))
Annex 3:
Criteria governing licensing and classification (referring to Article 2(6) to (10), (21) to (24), (34),
Article 6(2) to (5), Article 8(1), (3), (5) and (7), Article 14(3), Articles 15, 23, 26(1), Article
30(3))
Annex 4:
Specifications on testing samples (sampling, preparation of samples and examination of waste
and landfill replacement construction materials) (referring to Article 6(2), Article 8(1), (3) and
(5), Article 23)
Annex 5:
Information, documentation, controls, operation (referring to Article 4 sentence 1 point 2,
Articles 9, 10(2), Article 11(2), Article 12(1) to (3), Article 13(1) to (3) and (5), Article 17(2),
Article 23 sentence 1)



                                                 Part 1
                                            General Provisions

                                               Article 1
                                          Scope of application

(1)     This Ordinance applies to
      1. the installation, operation, decommissioning and aftercare of landfills,
      2. the treatment of waste for the purpose of depositing it at landfills and its use as landfill
         replacement construction materials,
      3. the depositing of waste on landfills,
      4. the use of waste as a landfill replacement construction material and in the production
         thereof,
      5. the installation, operation, decommissioning and aftercare of long-term storage, and
      6. the storage of waste in long-term storage.

(2)      This Ordinance applies to
      1.    parties responsible for a landfill project,
      2.    owners and operators of landfills (landfill operators),
      3.    operators of long-term storage,
      4.    producers and holders of waste, and
      5.    operators of systems to produce landfill replacement construction material.

(3)        This Ordinance does not apply to
      1.      private households,
      2.      the storage and depositing of excavated earth (waste code 17 05 06 pursuant to the
              Appendix to the Ordinance on the European Waste Catalogue (Abfallverzeichnis-
                                                 5


         Verordnung)) along water courses and surface waters from which said material was
         dredged, excluding the rivers Danube, Elbe, Ems downstream from Papenburg,
         Moselle, Neckar, Oder, Rhine and Weser,
   3.    landfills and landfill cells at which the decommissioning phase
         a) commenced prior to 1 January 1997, or
         b)       commenced prior to 16 July 2001 and decisions on the decommissioning phase
                  have been made in a plan approval, planning permission or official order prior
                  to 16 July 2001,
   4.    landfills and landfill cells which were finally decommissioned on … [insert: date this
         Ordinance comes into force] pursuant to Article 36(3) of the Closed Substance Cycle
         and Waste Management Act,
   5.    storage of waste in long-term storage, provided the waste is stored for a period of less
         than three years prior to being recycled, and
   6.    exclusive depositing or storage of waste which directly and normally occurs when
         prospecting, extracting, treating and processing mineral resources and during the
         associated storage of mineral resources.

                                            Article 2
                                           Definitions

The following definitions apply in this Ordinance:
1.   Landfill area:
     The area of a landfill on or in which waste is deposited for an indefinite period or for long-
     term storage.
2.   Disposal phase:
     Period from official acceptance of the technical facilities necessary for operating a landfill
     or landfill cell by the competent authority until the time at which the holding of waste for
     disposal ends.
3.   Existing landfill:
     A landfill which is in the disposal, decommissioning or aftercare phase on … [insert: date
     this Ordinance comes into force].
4.   Balancing layer:
     Lowest component of the surface sealing system complying with Annex 1 point 2.3.
5.   Trigger level:
     Groundwater monitoring values the exceeding of which results in the necessity of
     instigating actions to protect the groundwater.
6.   Treatment:
     Mechanical, physical, thermal, chemical or biological process or combination of processes
     which reduce the volume or the hazardous properties of the waste, facilitate its handling,
     help its utilisation or disposal or guarantee compliance with the classification criteria
     pursuant to Annex 3.
7.   Landfill of class 0 (landfill class 0, DK 0):
     Surface landfill for inert waste complying with the classification criteria according to
     Annex 3 point 2 for landfill class 0.
8.   Landfill of class I (landfill class I, DK I):
     Surface landfill for waste complying with the classification criteria according to Annex 3
     point 2 for landfill class I.
9.   Landfill of class II (landfill class II, DK II):
     Surface landfill for waste complying with the classification criteria according to Annex 3
     point 2 for landfill class II.
                                                  6


10.   Landfill of class III (landfill class III, DK III):
      Surface landfill for hazardous waste complying with the classification criteria according to
      Annex 3 point 2 for landfill class III.
11.   Landfill of class IV (landfill class IV, DK IV):
      Underground landfill in which waste
      a)        is deposited in a mine with an independent landfill area which is separate from the
                exploitation of mineral resources, or
      b)        in a cavern fully enclosed by the rock.
12.   Landfill cell:
      A part of a landfill restricted in area or by building measures that is assigned to a particular
      landfill class and can be operated separately.
13.   Landfill operator:
      Natural or legal entity who or which holds legal or actual power to dispose of a landfill or
      carries on the operation.
14.   Landfill replacement construction material:
      In the case of actions pursuant to Article 15,
      a)        waste which can be used directly, and
      b)        materials which are manufactured from waste
      on surface landfills.
15.   Landfill gas:
      Gas which is produced as a result of reactions among the deposited waste.
16.   Entry area:
      Area on the landfill site in which the waste is delivered, its volume or weight recorded and
      its identify determined.
17.   Degasing:
      Active or intentional passive capture and discharge of landfill gas.
18.   Liquid waste:
      Waste with a liquid consistency apart from waste of a highly viscous, turbid or pulpy
      consistency.
19.   Basic characterisation:
      Determination and evaluation of all the information required to ensure safe long-term
      depositing of waste, particularly information on the nature, origins, composition,
      homogeneity, leachability, other typical characteristics and the proposal for determining
      the key parameters and the method and the frequency of testing.
20.   Long-term storage facility:
      Site for the storage of waste pursuant to Article 4(1) of the Federal Pollution Control Act in
      the version promulgated on 26 September 2002 (Federal Law Gazette I, p. 3830), as last
      amended by Article 1 of the Act of 23 October 2007 (Federal Law Gazette I, p. 2470) in
      conjunction with point 8.14 of the Annex to the Ordinance on Installations requiring
      Approval in the version promulgated on 14 March 1997 (Federal Law Gazette I, p. 504), as
      last amended by Article 3 of the Act of 23 October 2007 (Federal Law Gazette I, p. 2470).
21.   Long-term storage of class 0 (long-term storage class 0, LK 0):
      Surface long-term storage for inert waste complying with the classification criteria
      according to Annex 3 point 2 for landfill class 0.
22.   Long-term storage of class I (long-term storage class I, LK I):
      Surface long-term storage for non-hazardous waste complying with the classification
      criteria according to Annex 3 point 2 for landfill class I.
23.   Long-term storage of class II (long-term storage class II, LK II):
      Surface long-term storage for non-hazardous waste complying with the classification
      criteria according to Annex 3 point 2 for landfill class II.
                                                  7


24.   Long-term storage of class III (long-term storage class III, LK III):
      Surface long-term storage for hazardous waste complying with the classification criteria
      according to Annex 3 point 2 for landfill class III.
25.   Long-term storage of class IV (long-term storage class IV, LK IV):
      Underground long-term storage for hazardous waste in a mine with a separate storage area
      which is separate from the exploitation of mineral resources.
26.   Mechanically and biologically treated waste:
      Waste from the processing or conversion of domestic waste and similar commercial and
      industrial waste, a high proportion of which can be biodegraded, in installations coming
      within the scope of the Ordinance on plants for the biological treatment of waste.
27.   Mono-landfill:
      Landfill or landfill cell of class 0, I, II, III or IV, in which specific bulk waste, being
      similar and mutually compatible in their nature, hazardous substance content and reaction
      characteristics, are not deposited in combination with other types of waste.
28.   Aftercare phase:
      Period following the final closure of a landfill or landfill cell until the date on which the
      competent authority establishes completion of the aftercare of the landfill pursuant to
      Article 36(5) of the Closed Substance Cycle and Waste Management Act.
29.   Profiling:
      Formation of the surface of the landfill body or a cell in order to permit application thereon
      of the surface sealing system with the slope necessary to enable drainage.
30.   Key parameter:
      Parameter of high significance for the verification of landfill reliability as part of the
      acceptance inspections and of verification that the waste matches the primary waste type.
31.   Leachate:
      Any liquid seeping through the deposited waste and discharged from the landfill or
      enclosed within the landfill.
32.   Specific bulk waste:
      Waste which is produced in great volumes of similar composition in defined processes,
      particularly soil and rock, excavated earth, road ballast, ash, slag and dusts arising from
      thermal processes, waste from the treatment of exhaust gas, sludge resulting from
      industrial processes.
33.   Decommissioning phase:
      Period from the end of the landfill phase in a landfill or landfill cell until final closure of
      the landfill or landfill cell pursuant to Article 36(3) of the Closed Substance Cycle and
      Waste Management Act.
34.   Classification criteria
      Classification values taking into account the footnotes pursuant to Table 2 in point 2 of
      Annex 3 and the introductory text of Annex 3 point 2.



                                            Part 2
              Installation, Operation, Decommissioning and Aftercare of Landfills

                                             Article 3
                                            Installation

(1)    Landfills or landfill cells in classes 0, I, II or III are to be installed such that the
requirements for the site according to paragraph 3 and Annex 1 the geological barrier and the
bottom liner system are complied with.
                                                  8


(2)     Landfills in class IV are only to be installed in salt rocks and such that the requirements
for the site and geological barrier according to paragraph 3 and Annex 2 point 1 as well as for the
site-related safety assessment according to Annex 2 point 2 are complied with.
(3)     The operator of the landfill must install at least one entry area on the landfill apart from a
landfill area. He must safeguard the landfill so as to prevent unauthorised access to the
installation. The competent authority may allow exceptions the requirements in sentences 1 and
2 for landfills of class 0 and mono-landfills if there is no likelihood of the impairment of public
welfare.

                                           Article 4
                                    Organisation and staffing

The landfill operator must structure the organisation of a landfill such that
   1. there is always sufficient manpower available with the necessary technical and other
       expertise to carry out cover the necessary tasks,
   2. persons responsible for management attend courses complying with Annex 5 point 9 at
       least once every two years,
   3. the manpower has the necessary current level of knowledge due to suitable further
       training,
   4. the necessary monitoring and verification of the waste management activities is
       safeguarded, and
   5. accidents are prevented and the possible consequences of accidents are limited.

The requirements pursuant to sentence 1 points 1 to 4 shall be deemed to have been satisfied in
so far as the landfill operator in respect of the landfill he operates and the work to be performed
    1. is certified as a specialist waste disposal operation, or
    2. the landfill belongs to a site or partial site of an enterprise pursuant to 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 system eco-management and
        audit scheme (EMAS) (OJ EC No L 114, p.1), as last amended by Council Regulation
        (EC) No. 1791/2006 of 20 November 2006 (OJ EU No L 363, p. 1), and entered on the
        EMAS Register pursuant to the German Environmental Audit Act; registration is to be
        notified in writing to the competent authority.

                                            Article 5
                                          Commissioning

The landfill operator may only commission the landfill or landfill cell if the competent authority
has officially accepted the installations required for the operation. Sentence 1 applies
correspondingly to significant changes to the landfill or landfill cell.

                                             Article 6
                                      Conditions for disposal

(1) Waste may only be deposited on landfills or landfill cells if the respective acceptance
criteria according to paragraphs 3 to 5, and in the case of stabilised and compacted waste the
requirements contained in paragraph 2 as well, are complied with. The individual acceptance
criteria must be adhered to pursuant to the Appendix to the Waste Catalogue Ordinance, without
mixing the waste with other substances or waste. Waste is to be treated before deposition where
it is necessary for adherence to the acceptance criteria. In the case of pre-mixed waste (waste
codes 19 02 03, 19 02 04 of the Appendix to the Waste Catalogue Ordinance) sentence 2 applies
to the waste prior to treatment.
                                                       9



(2) For stabilised and compacted waste (waste codes 19 03 04, 19 03 05, 19 03 06,
19 03 07 of the Appendix to the Waste Catalogue Ordinance) it is deemed that after stabilisation
or compaction
    1. the identification of the classification values pursuant to Annex 3 point 2 is made from an
        eluate with a constant pH value of 4 and 11 pursuant to Annex 4 point 3.2.1.2,
    2. the waste samples are reduced to a grain size of ten millimetres or less after hardening
        with a curing time of no longer than 28 days for elution, and
    3. in the valuation of the measurements (values of solids and eluate) the mass of the added
        substances is taken into account,
unless the respective waste is in compliance with the acceptance criteria before compaction or
stabilisation.

(3)  Hazardous waste may only be deposited
      1.on landfills or landfill cells which fulfil all requirements for landfill class III and if the
        classification criteria of Annex 3 point 2 are complied with for landfill class III, or
   2. on landfills which meet all requirements for landfill class IV.
Deviating from sentence 1 hazardous waste which complies with the classification criteria of
Annex 3 point 2
   1. for landfill class II is deposited on a landfill or landfill cell of class II, or
   2. for landfill class I is deposited on a landfill or landfill cell of class I.
   Sentence 2 applies to asbestos-containing waste and waste which contains hazardous mineral
   fibres on condition that
   1. there are no indications that the waste does not comply with the classification criteria of
       Annex 3 point 2 for the particular landfill class, and
   2. disposal takes place in a separate compartment of a landfill cell or in its own landfill cell.

(4)    Non-hazardous waste may only be deposited
   1. on landfills or landfill cells which fulfil at least all requirements for landfill class II and
        if the classification criteria of Annex 3 point 2 are complied with for landfill class II,
   2. on landfills or landfill cells which fulfil at least all requirements for landfill class I and if
        the classification criteria of Annex 3 point 2 are complied with for landfill class I, or
   3. on landfills which meet all requirements for landfill class IV.
Sentence 1 applies to mechanically and biologically treated waste on condition that
   1. high-calorific-value waste for recycling or thermal treatment and other recyclable
       fractions or fractions containing pollutants have largely been segregated out during
       mechanical-biological treatment, and
   2. no hazardous waste or waste based on gypsum is deposited on the landfill or the landfill
       cell.
   In the case of stabilised waste (waste code 19 03 05 of the Appendix to the Waste Catalogue
   Ordinance) sentence 1 applies on condition that organic pollutants through which waste
   which has been stabilised shows hazardous properties or characteristics pursuant to Article
   3(2) of the Waste Catalogue Ordinance have been destroyed by the stabilisation process.

(5)     Inert waste may only be deposited on
      1.  landfills or landfill cells which fulfil at least all requirements for landfill class 0 and if the
          classification criteria of Annex 3 point 2 are complied with for landfill class 0, or
      2. on landfills which meet all requirements for landfill class IV.

(6) With consent from the competent authority even in the case of non-compliance with
individual classification criteria,
                                                 10


   1. deviating from paragraph 3 sentence 1 point 1 in conjunction with paragraph 1 sentence 1
       the mainly mineral fraction of hazardous waste resulting from accidents may be
       deposited on a separate, separately structured compartment of a landfill cell of class III
       and
   2. deviating from paragraph 4 sentence 1 point 1 in conjunction with paragraph 1 sentence 1
       the mainly mineral fraction of non-hazardous waste resulting from accidents may be
       deposited on a separate, separately constructed compartment of a landfill cell of class II
provided public welfare is not impaired by depositing the waste. Sentence 1 also applies
   1. to waste containing asbestos and other hazardous synthetic mineral fibres or mixed with
       them if it is proven that separation of the fibres is impossible or economically not
       feasible or no other method of disposal is available, and
   2. to waste originating from the refilling of a landfill or contaminated site pursuant to
       Article 2(5) of the Federal Soil Protection Act of 17 March 1998 (Federal Law Gazette I,
       p. 502), as last amended by Article 3 of the law of 9 December 2004 (Federal Law
       Gazette I, p. 3214), if the high-calorific-value fractions of the waste are largely separated
       and recycled for energy purposes or thermally treated before deposition.

                                            Article 7
                                        Non-licensed waste

(1)    The following types of waste must not be deposited in a landfill of classes 0, I, II or III:
      1. liquid waste,
      2. waste which is classified as explosive, corrosive, promoting fires, highly flammable,
         slightly flammable or flammable, pursuant to the Hazardous Substances Ordinance of
         23 December 2004 (Federal Law Gazette I pp. 3758, 3759), as last amended by Article
         2 of the Ordinance of 12 October 2007 (Federal Law Gazette I, p. 2382) in its valid
         version,
      3. infectious waste (waste codes 18 01 03 and 18 02 02 of the Appendix to the Waste
         Catalogue Ordinance), body parts and organs (waste code 18 01 02 of the Appendix to
         the Waste Catalogue Ordinance),
      4. unidentified or new chemical waste from research, development and educational
         activities whose effects on humans and the environment are not known,
      5. whole or divided used tyres,
      6. waste which results in substantial nuisance caused by odour for those employed at the
         landfill and present in the neighbourhood, and
      7. waste mentioned in Annex V Part 2 of Regulation (EC) No. 850/2004 of the European
         Parliament and of the Council of 29 April 2004 on persistent organic pollutants and
         amending Directive 79/117/EEC (OJ EU No. L 158, p. 7, No. L 229, p. 5), if the lower
         classification values pursuant to Council Regulation (EC) No. 1195/2006 of 18 July
         2006 amending Annex IV to Regulation (EC) No. 850/2004 of the European Parliament
         and of the Council on persistent organic pollutants (OJ EU No. L 217, p. 1) are
         exceeded, and other waste about which, based on the origin or characteristics owing to
         its content of long-life or bio-accumulative toxic substances, there has to be concern
         about an impairment of public welfare through its disposal.

(2)      The following types of waste must not be deposited in a landfill of class IV:
      1. the waste mentioned in paragraph 1 points 1, and 3 to 6,
      2. biologically degradable waste and waste with a calorific value (Ho) of more than
         6 000 kJ/kg,
      3. waste which under landfill conditions through reciprocal reactions or reactions with the
         rock results in
         a) increases in volume,
                                                  11


       b) formation of self-igniting, toxic or explosive substances or gases, or
       c) other dangerous reactions
      in so far as the operating safety and integrity of the barriers is put in doubt thereby,
   4. waste which under landfill conditions
      a) is explosive, highly flammable or slightly flammable,
      b) releases pungent odours, and
      c) has inadequate stability for the geomechanical conditions.

                                            Article 8
                                      Acceptance procedures

(1) The waste producer, or the collector in the case of collective waste management, must
submit to the landfill operator in good time prior to the initial delivery a basic characterisation of
the waste, including at least the following information:
   1. origin of the waste (waste producer or collection area),
   2. description of the waste (internal company waste category, waste code and name of waste
        according to the Appendix to the Waste Catalogue Ordinance),
   3. nature of pre-treatment, if this has been carried out,
   4. appearance, consistency, smell and colour,
   5. weight of the waste as a total or the quantity per unit of time,
   6. sampling protocol as per Annex 4 point 2,
   7. protocol on the preparation of the sample according to Annex 4 point 3.1.1,
   8. associated analysis reports of adherence to the classification criteria pursuant to Annex 3
        point 2 for the particular landfill class, and in the case of premixed waste taking account
        of Article 6(1) sentence 4, and in the case of stabilised or compacted waste taking
        account of Article 6(2),
   9. for hazardous waste, additional information on the total content of landfill-relevant
        constituents in the solid material in so far as this is necessary for assessing suitability for
        deposition,
   10. for hazardous waste, in case of mirror entries the relevant hazardous properties in
        addition,
   11. in the case of waste pursuant to Annex V Part 2 of Regulation (EC) No. 850/2004 which
        exceeds the lower classification values pursuant to Regulation (EC) No. 1195/2006 and is
        to be deposited on a landfill of class IV, evidence approved by the competent authority
        pursuant to Article 7(4)(b)(i) of Regulation (EC) No. 850/2004,
   12. proposal of key parameters and their frequency of testing.
Where pursuant to Article 43 or Article 44 of the Closed Substance Cycle and Waste
Management Act in conjunction with Part 2 of the Ordinance on Waste Recovery and Disposal
Records (Nachweisverordnung) individual or collective records of proper waste management
have to be kept, the information to be submitted pursuant to sentence 1 points 1 to 5 may be
replaced by the Declaration of Responsibility in accordance with the Ordinance on Waste
Recovery and Disposal Records. Where in the case of sentence 2 Declaration Analyses have to
be submitted, the analysis reports under sentence 1 point 8 only have to be submitted separately
for the classification criteria required additionally. Basic characterisations and established key
parameters present on … [insert: date this Ordinance comes into force] shall apply until the end
of a possible time limit. Prior to accepting waste for the first time the operator must set the key
parameters for the control tests. If the leaching behaviour or composition of the waste alters so
that the permissible maximum deviations from the values of the basic characterisation pursuant
to Annex 4 point 4 are exceeded, the producer, and in the case of collective disposal the
collector, must submit the information required in sentence 1 to the operator. In this case the
operator must set the key parameters for the control tests again. The sampling and waste tests for
the information according to sentences 1, 3 and 6 must be carried out as specified in Annex 4.
                                                 12



 (2) Tests on waste for the basic characterisation according to paragraph 1 above are
unnecessary in the case of waste containing asbestos, waste containing hazardous mineral fibre,
inert waste according to paragraph 7 and waste for which all the required information on
leaching behaviours and composition is known and has been demonstrated to the competent
authority.

(3) The producer of the waste, and in the case of collective disposal the collector, must test
random samples of the waste to be deposited for each 1 000 megagram and verify compliance
with the classification criteria of Annex 3 point 2 for the particular landfill class. In the case of
specific bulk waste, the frequency of testing may be reduced to once every three months subject
to permission from the competent authority. Annex 4 points 1 and 2 apply to the sampling. The
samples are to be prepared according to Annex 4 point 3.1.1. Verification of compliance with
the classification criteria is to be undertaken and logged pursuant to Annex 3 point 2 and in the
case of premixed waste taking account of sentence 4 of Article 6(1) and in the case of stabilised
or compacted waste taking account of Article 6(2). On receipt of the waste the operator is to be
presented with the protocols according to sentence 5 or a declaration of the accredited testing
body according to Annex 4 point 1 that the leaching behaviour and composition of the waste
have not changed from the basic characterisation.

(4) On each delivery of waste, the operator must immediately perform an acceptance
inspection comprising as a minimum:
    1. a check on whether the basic characterisation of the waste is present,
    2. determination of the weight, the waste code and designation according to the Appendix to
        the Waste Catalogue Ordinance,
    3. a check on the documents according to paragraph 3 sentence 5 for agreement with the
        information provided in the basic characterisation,
    4. a check for appearance, consistency, colour and smell, which may take place in justified
        cases even when landfilling the waste.
Where a register has to be kept in accordance with Article 42 of the Closed Substance Cycle and
Waste Management Act pursuant to Part 3 of the Ordinance on Waste Recovery and Disposal
Records, the measures to be monitored pursuant to sentence 1 points 2 to 4 may be replaced by
the information in the Register in accordance with the Ordinance on Waste Recovery and
Disposal Records.

(5) In the case of waste which has been characterised for the first time under paragraph 1
sentence 1 or again under paragraph 1 sentence 6 where the quantity delivered is more than
    1. 50 megagram of hazardous waste, or
    2. 500 megagram of non-hazardous waste and inert waste,
a control test for adherence to the classification criteria has to be performed on the first 50 or 500
megagram respectively. If as of … [insert: date this Ordinance comes into force] the basic
characterisation and the results of at least one control test are available, sentence 1 is deemed to
have been fulfilled. Otherwise the operator must proceed as follows:
   1. A control test has to be performed for compliance with the classification criteria if on
       acceptance inspection in accordance with paragraph 4 there are indications that the
       requirements for the properties of the waste have not been complied with for the
       envisaged disposal or differences exist between the accompanying documents and the
       waste delivered.
   2. For non-hazardous waste he must make a random control test on the key parameters for
       each 5 000 megagram or less of waste delivered, but at least one control test per year.
   3. For hazardous waste he must make a random control test on the key parameters for each
       2,500 megagram or less of waste delivered, but at least one control test per year.
                                                       13


   4.   For specific bulk waste, in deviation from numbers 2 and 3, the frequency of the control
        tests may be reduced to once a year subject to approval by the competent authority.

The control tests are to be performed as determined by Annex 4 point 3, in the case of premixed
waste taking account of sentence 4 of Article 6(1), and in the case of stabilised or compacted
waste taking account of Article 6(2), and evaluated pursuant to Annex 4 point 4. In the case of
waste containing asbestos and waste containing hazardous mineral fibre, the control test may be
omitted.

(6) If a control test is carried out as defined in paragraph 5, the operator must take a reference
sample from the waste at the time it is delivered and store it for at least one month.

(7) Deviating from paragraphs 1, 4 and 5, tests for basic characterisation and control tests are
not required for the inert waste listed in the following table if
    1. the waste comes from only one location,
    2. there are no indications that the classification criteria of Annex 3 for landfill class 0 are
       being exceeded,
    3. there are no indications that the waste is so contaminated by pollutants for which Annex
       3 contains no classification criteria that public welfare will be endangered if it is stored,
       and
    4. the waste does not contain more than 5 percent by volume of foreign matter, particularly
       metals, plastics, humus, organic substances, wood and rubber.

 Waste code pursuant            Description                                     Restrictions
 to Appendix to Waste
 Catalogue Ordinance
10 11 03                Glass fibre waste                   Only without organic binding agents
15 01 07                Packaging consisting of glass
17 01 01                Concrete                            Only selected waste from building and demolition
                                                            activities
17 01 02                Roof tiles                          Only selected waste from building and demolition
                                                            activities
17 01 03                Wall/floor tiles, bricks and        Only selected waste from building and demolition
                        ceramics                            activities
17 01 07                Mixtures of concrete, roof          Only selected waste from building and demolition
                        tiles, floor/wall tiles and         activities
                        ceramics
17 02 02                Glass
17 05 04                Soil and stones                     Apart from topsoil and turf as well as soil and stones
                                                            from land with hazardous soil changes as defined in
                                                            Article 2(3) of the Federal Soil Protection Act
19 12 05                Glass
20 01 02                Glass                               Only glass collected separately
20 02 02                Soil and stones                     Only waste from gardens and parks; excluding
                                                            topsoil and turf

(8) For each delivery of waste the operator has to make out a confirmation of receipt stating
the weight determined and the six-figure waste code according to the Appendix to the Waste
Catalogue Ordinance. If the transfer of the waste is confirmed by accompanying documents or a
delivery receipt pursuant to the Ordinance on Waste Recovery and Disposal Records, these
papers shall replace the confirmation of receipt in sentence 1.

(9) The operator must immediately notify the competent authority of waste delivered to the
landfill for storage which is not licensed.
                                                 14


                                               §9
                                          Handling waste

The operator of a landfill in classes 0, I, II or III must ensure that the stored waste gives no cause
for concern of any impairment of the stability of the landfill body. Also he must handle the waste
for storage in accordance with Annex 5 point 4. The operator of a class IV landfill must handle
waste in accordance with Annex 5 point 5.

                                              § 10
                                         Decommissioning

(1)    During the decommissioning phase the operator
      1.     of a class 0, I, II or III landfill must immediately perform all necessary actions to
             construct the surface sealing system in accordance with Annex 1 point 2,
      2.     of a class IV landfill must immediately perform all necessary actions in accordance
             with Annex 2 point 3
in order to prevent adverse impact on public welfare.

(2)     The operator has to apply to the competent authority for full decommissioning of the
landfill or of a landfill cell pursuant to Article 36(3) of the Closed Substance Cycle and Waste
Management Act. The application is to be accompanied at least by evaluating summaries of the
annual reports under Article 13(5) as well as inventories pursuant to Article 13(6).

                                               § 11
                                             Aftercare

(1)     During the aftercare phase the operator must undertake all actions, particularly the
verification and monitoring actions pursuant to § 12, which are required to prevent adverse
effects on public welfare.

(2)     If in future when taking into account
       1.    the test criteria pursuant to Annex 5(10), the competent authority concludes that,
             resulting from the behaviour of a landfill of class 0, I, II or III, or
       2.    the documentation concerning the state of protection of surface access points
             according to Annex 2 point 4, that the behaviour of a landfill of class IV
will in future give no cause for concern about adverse effects on public welfare, it may suspend
the verification and monitoring measures pursuant to Article 12 on application from the operator
and confirm the completion of the aftercare phase pursuant to Article 36(5) of the Closed
Substance Cycle and Waste Management Act.

                                            § 12
          Actions to monitor, reduce and prevent emissions, nuisances and hazards

(1)     Regarding the establishment of whether a landfill is providing cause for concern about
damaging contamination of the groundwater or other adverse changes to its properties, the
competent authority shall set appropriate trigger levels and set up suitable groundwater
measuring points to monitor the thresholds pursuant to Annex 5(3.1)(1) before commencement
of the disposal phase, taking into account the respective hydrological situation at the landfill site
and the quality of the groundwater.

(2) Before starting the disposal phase the operator of a landfill in class 0, I, II or III must create
groundwater measuring points in accordance with paragraph 1 and other measuring equipment
                                                 15


in accordance with Annex 5 point 3.1. The operator must maintain the groundwater measuring
points and other measuring equipment until the end of the aftercare phase. The operator of a
landfill in class IV must create groundwater measuring points in accordance with paragraph 1
before the start of the disposal phase. The operator must maintain the groundwater measuring
points until the end of the aftercare phase.

(3) The operator must carry out measurements and monitoring until the end of the aftercare
phase in accordance with Annex 5 point 3.2. In addition, the operator of a landfill in class 0, I, II
or III until the end of the aftercare phase must
    1. handle leachate pursuant to Annex 5 point 6,
    2. handle landfill gas pursuant to Annex 5 point 7, and
    3. minimise other nuisances and hazards originating from the landfill pursuant to Annex 5
        point 8.
On application from the operator, the competent authority may, in the case of landfills of class 0
and mono-landfills, allow exceptions to the requirements stated in sentences 1 and 2.

(4)     The operator must describe the measures to be executed on exceeding the trigger levels in
action plans and submit them to the competent authority for approval. If these trigger levels are
exceeded, the operator must
    1. inform the competent authority immediately, and
    2. proceed in accordance with the action plans.

(5)     The competent authority may order that the operator allows a body nominated by the
authority to investigate possible emissions in the air, water or soil emanating from the landfill if
there is concern that public welfare is adversely affected by the landfill. The Länder may
regulate details of the measurements and controls and the information pursuant to paragraph 4
sentence 2 point 1.

                                              § 13
                                 Information and documentation

(1)    Before commencing the disposal phase the operator must prepare the following
documents:
    1. operating instructions according to Annex 5 point 1.1, and
    2. an operating manual according to Annex 5 point 1.2.
The operator must update the documentation when necessary and present it to the competent
authority on demand.

(2)     The operator of a landfill of class I, II, III or IV must set up a waste register pursuant to
Annex 5 point 1.3 and document the information required therein. In the case of mono-landfills,
the competent authority may exempt the operator from the requirements in sentence 1 if only one
type of waste is deposited on the landfill or landfill cell.

(3)     The operator must keep an operating journal according to Annex 5 point 1.4 and store it
until the end of the aftercare phase. The operator must submit the operating journal if requested
to do so by the competent authority.

(4)      The operator must notify the competent authority immediately of
      1. all adverse effects of the landfill on the environment that are identified, and
      2. malfunctions which result in a considerable deviation from the normal operation of the
         landfill.
                                                 16


(5)    The operator must submit an annual report in accordance with Annex 5 point 2 to the
competent authority in the following year. The Länder may define the details of the requirements
for annual reports and submission thereof.

(6)     The operator must prepare an inventory at the latest by six months after filling a landfill
cell. The inventory must record and document the entire cell including technical barriers. If a
waste register has to be prepared according to paragraph 2, it must be recorded in the inventory.


                                            Part 3
                    Recovery of Landfill Replacement Construction Materials

                                               § 14
                                            Principles

(1)     Landfill replacement construction materials may only be used for purposes as defined in
Article 15 in respect of landfills of class 0, I, II or III provided this does not adversely affect
public welfare. In particular, landfill replacement construction materials may only be used in the
quantities required for ensuring orderly landfill operation and the necessary building measures.

(2)    The following may not be manufactured as landfill replacement building materials or
used as such:
    1. waste pursuant to Article 7(1), and
    2. waste which reaches the levels of metal content as listed in Appendix 1 to the Ordinance
       on Underground Landfills of 24 July 2002 (Federal Law Gazette, p. 2833), as last
       amended by Article 11 of the law of 15 July 2006 (Federal Law Gazette I, p. 1619), if the
       extraction of the metals from the waste is technically feasible and economically
       reasonable as well as being feasible when in compliance with the requirements for
       permissibility of such recycling or recovery.

(3) The classification criteria according to Annex 3 point 2 must be adhered to individually in the
case of wastes designated in the Appendix to the Waste Catalogue Ordinance, without being
mixed with other substances or waste. In the case of pre-mixed waste (waste codes 19 02 03, 19
02 04 of the Appendix to the Waste Catalogue Ordinance) sentence 1 applies to the respective
waste before mixing. For stabilised and compacted waste (waste codes 19 03 04, 19 03 05, 19 03
06, 19 03 07 of the Appendix to the Waste Catalogue Ordinance) sentence 1 applies on condition
that the classification criteria are defined and adhered to in accordance with Article 6(2).

                                           Article 15
                                 Areas of use and classification

It is only permissible to use landfill replacement construction materials for the applications in
accordance with Annex 3 point 1 if the classification criteria according to Annex 3 point 2 are
adhered to in respect of the particular field of use. When using landfill replacement construction
materials, the following should also be observed in the case of profiling:
    1. the landfill or landfill cell must be in the decommissioning phase and the disposal phase
         must have ended, based on the requirements of the Waste Storage Ordinance
         (Abfallablagerungsverordnung) of 20 February 2001 (Federal Law Gazette I, p. 305), as
         last amended by Article 1 of the Ordinance of 13 December 2006 (Federal Law Gazette
         I, p. 2860), or of the Landfill Ordinance of 24 July 2002 (Federal Law Gazette I,
         p. 2807), as last amended by Article 2 of the Ordinance of 13 December 2006 (Federal
                                                 17


        Law Gazette I, p. 2860), or based on an official decision must end by 15 July 2009,
        without the landfill or landfill cell being completely filled,
and
   2.   profiling is necessary under landfill construction considerations and cannot be achieved
        by amending the permitted shape of the landfill or moving waste already stored, even if
        this is technically feasible and economically reasonable.

                                              § 16
                                 Placing on the market of waste

Waste for producing landfill replacement construction materials as well as to be directly used as
landfill replacement material may only be placed on the market in order to supply facilities for
the manufacture of landfill replacement construction material or landfills at which the
requirements pursuant to Articles 14 and 15 are adhered to.

                                           § 17
                          Acceptance procedures and documentation

(1)    Article 8 applies mutatis mutandis to the acceptance of landfill replacement construction
materials.

(2)     The operator shall register the origin of the landfill replacement construction materials in
the register as per Article 24 of the Ordinance on Waste Recovery and Disposal Records. Article
13(2) applies correspondingly to the recording of landfill replacement construction materials in
the waste register.

(3)    The operator of installations manufacturing landfill replacement construction materials
must enter the origin of the waste in the register as per § 24 of the Ordinance on Waste Recovery
and Disposal Records.


                                              Part 4
                                         Other Provisions

                                               § 18
                                       Provision of security

(1)     Prior to commencing the disposal phase, the operator is required to prove to the
competent authority that he has sufficient security to meet the requirements and conditions
stipulated in the plan approval or planning permission for the landfill, decommissioning or
aftercare phase in order to prevent or eliminate any impairments to public welfare. Sentence 1
shall apply mutatis mutandis to compliance with the conditions and requirements in any licence
changes.

(2)     The authority shall specify the nature and scope of the security to be provided. In addition
to the types of security stipulated in Article 232(1) of the Civil Code, equivalent security may be
provided by the authority by
    1. the provision of a suitable guaranty, in particular a corporate suretyship, or
    2. a guaranty or undertaking to pay provided by a financial institution in which it gives an
        irrevocable undertaking to the authority to pay the stipulated amount at the first request
        from the authority.
                                                  18


The extent of the security is to be based on the presumption that there will be a planned aftercare
operation entailing an aftercare period of at least 10 years in the case of class 0 landfills and of at
least 30 years in the case of class I to IV landfills.

(3)     Financial security shall be reviewed at regular intervals by the competent authority, with
the aim of preserving the real value of the collateral. The amount shall be reset following a
significant change in the relationship between the security and the intended purpose of the
protection afforded. If the relationship between the security and its intended purpose does alter
significantly, the operator may apply to the competent authority for the security to be reviewed.
Reserves formed are to be offset against the amount of security required, provided this amount is
not within the power of disposition of the operator. If a review reveals that the level of security
needs to be increased, the competent authority may set a time limit of no more than six months
for the operator to make the increased amount available. If a review reveals that the level of
security needs to be reduced, the competent authority shall release the amount no longer required
without delay. The security shall be released in its entirety once the competent authority has
established completion of the aftercare phase.

(4)     In derogation of paragraph 1, the competent authority shall waive the requirement for
security if the landfill is operated by a public corporation, an owner-operator or a separate
enterprise belonging to a public corporation, a special-purpose association or a public institution,
and measures have been taken to ensure that the desired protection purpose is guaranteed at all
times by way of guarantee obligations on the part of the Federal Government, the Länder or the
local authorities.

                                               § 19
                                     Application, notification

(1)     The project initiator shall submit a written application to the competent authority for the
construction and operation of a landfill in accordance with Article 31(2) and (3) of the Closed
Substance Cycle and Waste Management Act as well as to license early commencement pursuant
to Article 33 of the Closed Substance Cycle and Waste Management Act. In particular, the
application is to include the following:
    1. the name and address or registered office of the project initiator, operator or author of the
        draft,
    2. information whether a plan approval or planning permission or else a licence for early
        commencement is being applied for,
    3. site and name of the landfill,
    4. reasons why the measure is required,
    5. capacity of the landfill,
    6. list of waste with waste codes and waste designations according to the Appendix to the
        Waste Catalogue Ordinance and a description showing types and properties,
    7. information on planning-law data on the site, the site conditions, hydrology,
        hydrogeology, geological situation, engineering-geological and geotechnical situation,
    8. measures in the construction and disposal phase, including the envisaged actions for
        preventing and dealing with contamination as well as the testing and monitoring
        measures,
    9. measures during the decommissioning and aftercare phase,
    10. information on the security,
    11. in case of the use of landfill replacement construction materials, a list of the waste to be
        used with the waste codes and designations pursuant to the Appendix to the Waste
        Catalogue Ordinance including details of the total quantity and properties to be used and
        a description of the areas of use and reasons for the necessity for use.
                                                  19


The application for a licence for early commencement must additionally include:
    1. a description of the public interest or justified interest of the project initiator in early
        commencement, and
    2. the obligation of the project initiator to replace all damage caused up to the granting of
        approval by the installation, trial operation and operation of the facility and, if the project
        is not approved, to restore the former state.
Sentence 1 applies mutatis mutandis in the case of significant alterations to a landfill or its
operation, restricted to the information relating to the alterations. The application may be made
electronically or in electronic form subject to consent from the competent authority. The
requirements for the documentation to be submitted in accordance with Article 6 of the
Ordinance concerning the Environmental Impact remain unaffected.

(2)     For any amendment to a landfill or the operation thereof which is notifiable under Article
31(4) and (5) of the Closed Substance Cycle and Waste Management Act, the project initiator
shall submit written notification to the competent authority giving at least one month's notice
prior to the envisaged amendment. Paragraph 1 sentences 1, 4 and 5 shall apply mutatis mutandis
purely with regard to the information relating to the amendment.

(3)     The operator must notify the competent authority of the decommissioning of a landfill or
a landfill cell in accordance with Article 36(1) of the Closed Substance Cycle and Waste
Management Act at least one year prior to be intended end of the disposal phase. Paragraph 1
sentences 1, 4 and 5 apply correspondingly, being limited to the information relating to the
decommissioning.

                                           § 20
                 Transboundary participation of institutions and of the public

If a project which is subject to plan approval under Article 31(2) of the Closed Substance Cycle
and Waste Management Act may have substantial effects in another country, which are
described in the application documentation, or another country which may possibly be
substantially affected, so requests, the competent authority must notify the authorities named by
the other country at the same time and to the same extent, of the project as the authorities which
are to be involved pursuant to Article 73(2) of the Administrative Procedures Act
(Verwaltungsverfahrensgesetz). Article 11a of the Authorisation Procedure Ordinance
(Verordnung über das Genehmigungsverfahren) is to be applied correspondingly to the further
procedures of transboundary involvement of authorities and the public.

                                                § 21
                                  Decisions by official authorities

(1)     In a plan approval decision or planning permission pursuant to Article 31(2) or (3) of the
Closed Substance Cycle and Waste Management Act, the competent authority must define in the
case of a landfill at least the following:
    1. the name and address or registered office of the project initiator and landfill operator,
    2. information that a plan approval or planning permission is being granted, and the legal
        basis,
    3. class of landfill,
    4. name of the landfill,
    5. details of the site,
    6. the types of waste defined by the waste codes and designations according to the
        Appendix to the Waste Catalogue Ordinance,
    7. the classification values,
                                                  20


    8. the permissible volume of the landfill, and in the case of surface landfills the permissible
        size of the landfill area, the design of the surface and final heights,
    9. the requirements prior to commencing landfill operation,
    10. the requirements of landfill operation during the disposal phase, the measurement and
        monitoring procedures, including action plans,
    11. the requirements during the decommissioning and aftercare phase,
    12. the obligation of the project initiator to submit annual reports to the competent authority,
    13. the type and level of security or equivalent means of the security vehicle, where
        necessary,
    14. the trigger levels,
    15. in the case of landfill replacement construction materials, define them according to type,
        quantity and characteristics and the construction measures according to type and extent in
        which landfill replacement construction materials may be used, and
    16. the grounds on the basis of which the significant de facto and legal grounds are to be
        elicited which influence the authority in its decision, and the treatment of the objections.

(2)     In the notification concerning licensing for early commencement pursuant to Article 33
of the Closed Substance Cycle and Waste Management Act, the competent authority must
stipulate at least:
    1. the name and address or registered office of the project initiator,
    2. information that early commencement is permitted and details of the legal grounds,
    3. the secondary conditions of the licence for early commencement including the
        designation of the landfill site and the site details and the furnishing of security pursuant
        to Article 33(2) of the Closed Substance Cycle and Waste Management Act.

(3)     Paragraph 1 applies in the case of a plan approval or planning permission for the
alteration of a landfill, restricted to the information relating to the alterations.

(4)    In preparing the notice of licensing of early commencement, a plan approval decision or
planning permission, the competent authority may have an expert examine parts of or the entire
application documents whom it will assign after consulting the project initiator.

                                                § 22
                                  Verification of official decisions

The competent authority must examine the official decisions pursuant to Article 21 every four
years as to whether further conditions, restrictions or time limits have to be arranged or existing
ones amended to comply with the state of the art within the meaning of Article 3(12) of the
Closed Substance Cycle and Waste Management Act as well as the requirements stated in
Article 32(1) points 1 to 3 and 5 of the Closed Substance Cycle and Waste Management Act.


                                               Part 5
                                         Long-term Storage:

                                                 § 23
                                     Installation and operation

The installation and operation of long-term storage sites
1.    in classes 0, I, II and III are governed by Article 3(1) and (3), Articles 4 to 6, Article 7(1),
      and Articles 8, 9, 12, 13 and 18,
                                                 21


2.    in class IV are governed by Article 3(2) and (3), Articles 4 to 6, Article 7(2), Articles 8, 9,
      12, 13 and 18,
all whilst observing sentences 2 to 4 correspondingly. In deviation from
1.    Article 7(1)(1) in a long-term class III storage,
2.    Article 7(2)(1) in long-term class IV storage,
metallic mercury waste may be accepted. In the case of sentence 2 point 1, the long-term storage
must be designed and operationally/technically equipped specifically for the storage of metallic
mercury. In the case of sentence 2 point 2, the long-term storage must be suited for the disposal
of metallic mercury and the site-related safety assessment must take this into special
consideration. Article 8(4) applies on condition that only waste may be accepted for which there
is written evidence that subsequent proper and harmless recycling is secured or that disposal in
harmony with public welfare is assured. Article 18(2) applies on condition that in order to
calculate the level of the security the costs of environmentally compatible disposal of the
maximum permitted storage quantity and the costs of remediation of the land are calculated and
recorded instead of taking an aftercare period into account.
                                                  22


                                             § 24
                                 Decommissioning and aftercare

If there is concern that after decommissioning a long-term storage facility, damaging effects on
the environment or other dangers, substantial disadvantages and substantial nuisances for the
general public and the neighbourhood within the meaning of Article 5(3) point 1 of the Federal
Pollution Control Act could ensue as a result, if requested to do so by the competent authority
the operator must cause to be checked by an expert assigned in consultation with the authority
whether the requirements pursuant to Article 5(3)(1) of the Federal Pollution Control Act are
met. The other requirements of the Federal Pollution Control Act regarding decommissioning
and aftercare remain unaffected.

                                               § 25
                                             Exemption

The competent authority may exempt the operator of a long-term storage facility at which waste
for recycling is stored for a period of more than three years from the requirements of Articles 23
and 24, if the storage period has a definite time limit and it is ensured that the stored waste will
be recycled after the storage period ends.


                                               Part 6
                                          Final Provisions

                                                § 26
                           Existing landfills during the disposal phase

(1)      In deviation from Articles 3 to 6, Article 9, Article 12(1) and (2), Article 13(1) and (2) as
well as Articles 14 to 16, a landfill or a landfill cell, which on … [insert: date this Ordinance
comes into force] is under construction or in the disposal phase and for which, pursuant to
    1. the Waste Storage Ordinance of 20 February 2001 (Federal Law Gazette I, p. 305), as last
       amended by Article 1 of the Ordinance of 13 December 2006 (Federal Law Gazette I,
       p. 2860),
    2. the Landfill Ordinance of 24 July 2002 (Federal Law Gazette I, p. 2807), as last amended
       by Article 2 of the Ordinance of 13 December 2006 (Federal Law Gazette I, p. 2860), or
    3. the Ordinance pertaining to the Recovery of Waste at Surface Landfills and amending the
       Commercial Wastes Ordinance of 25 July 2005 (Federal Law Gazette I, p. 2252), as last
       amended by Article 3 of the Ordinance of 13 December 2006 (Federal Law Gazette I,
       p. 2860),
decisions regarding the further disposal phase have been finally reached in a plan approval
pursuant to Article 31(2), a planning permission pursuant to Article 31(3) or an order pursuant to
Article 35 or Article 36(2) of the Closed Substance Cycle and Waste Management Act or for
which a notification confirmed by the competent authority is present pursuant to sentence 1 of
Article 14(1) of the Landfill Ordinance of 24 July 2002 (Federal Law Gazette I, p. 2807), as last
amended by Article 2 of the Ordinance of 13 December 2006 (Federal Law Gazette I, p. 2860),
may continue to be operated according to the decisions reached or confirmed. Sentence 1 applies
on condition that the waste for landfill or the landfill replacement construction materials to be
used shall comply with the classification criteria for ignition loss or the total organic carbon
(TOC) and the dissolved organic carbon (DOC) pursuant to Annex 3 point 2 for the particular
class of landfill. Where decisions according to sentence 1 have been made regarding the
decommissioning phase, or for the decommissioning phase, the final closure or aftercare phase,
                                                23


the landfill or landfill cell may be decommissioned and subjected to aftercare according to these
decisions.

(2)    A security recognised and permitted by the competent authority before … [insert: date
this Ordinance comes into force] continues to apply in the case of a landfill or landfill cell
according to paragraph 1 sentence 1 as a security pursuant to Article 18(1). Sentence 1 also
applies to provisions made for companies subject to commercial law.

(3)             In the case of landfills or landfill cells, on which domestic waste, commercial
waste similar to domestic waste, sewage sludge and other waste with large organic components
has been deposited, the competent authority in deviation from Article 10(1) shall permit that a
temporary cover is installed when major subsidence is expected until the abatement of the
primary subsidence. This temporary cover is designed to minimise new creation of leachate and
the release of landfill gas.

(4)     In the case of landfills or landfill cells according to paragraph 3, on application by the
operator for the acceleration of biological degradation processes and to improve the long-term
performance supplementary to the requirements pursuant to Articles 6 and 9, the competent
authority shall permit specific wetting through infiltration of water or, deviating from Article
7(1)(1), of leachate that is typical of a domestic landfill, ventilation of the landfill body or a
combination of processes, if the following minimum requirements are satisfied:
1.      In the case of specific wetting through infiltration
    a) any leachate which occurs is recorded,
    b) measures are taken for the active collection of landfill gas and continued prevention of
        releases of landfill gas and for its monitoring,
    c) relevant quantities of organic substance in the landfill body which can still be
        biodegraded are proven,
    d) installations for the regulated and controlled infiltration and for the monitoring of the gas
        and water balance of the landfill are present, and
    e) the proof of sufficient stability of the landfill body taking into account the added water is
        provided.
2.      In the case of ventilation of the waste body,
    a) installations for the specific and controlled ventilation and recording and treatment of the
        exhaust air are present, so that unmonitored gaseous emissions are largely avoided,
    b) a treatment of the exhaust air is performed which is adapted to suit its characteristics, so
        that damaging emissions are largely avoided,
    c) relevant quantities of organic substance in the landfill body which can still be
        biodegraded are determined, and
    d) the water balance, gas balance, development of temperature and subsidence of the landfill
        body are monitored in order to prove that no adverse effects arise in the landfill body and
        the environment and sufficiently intensified or accelerated biological degradation
        processes take place.

                                              § 27
                     Existing landfills during the decommissioning phase

(1)     In deviation from Articles 10, 11, 12(1) and (2), Article 13(1) and (2) and Articles 14 to
16, a landfill or landfill cell continue to be decommissioned according to the decisions reached,
which on … [insert: date this Ordinance comes into force] is in the decommissioning phase and
for which decisions on the further decommissioning phase pursuant to Articles 12 or 14 of the
Landfill Ordinance of 24 July 2002 (Federal Law Gazette I, p. 2807), as last amended by Article
2 of the Ordinance of 13 December 2006 (Federal Law Gazette I, p. 2860), in a plan approval
                                                 24


pursuant to Article 31(2), a planning permission pursuant to Article 31(3) or an order pursuant to
Article 35 or Article 36(2) of the Closed Substance Cycle and Waste Management Act have been
duly reached. Where decisions according to sentence 1 have also been made concerning the final
closure and the aftercare phase, the landfill or landfill cell may be finally closed and subjected to
aftercare according to these decisions.

(2)    Article 26(4) applies correspondingly to landfills and landfill cells according to paragraph
1.

                                             § 28
                            Operational long-term storage facilities

Long-term storage facilities in operation on … [insert: date this Ordinance comes into force] or
where construction has commenced must comply with the requirements pursuant to Article 23
from 15 July 2009 at the latest.

                                            § 29
                                Breaches of administrative rules

(1) Within the meaning of Article 61(1)(5) of the Closed Substance Cycle and Waste
Management Act a party breaches administrative rules which acts intentionally or negligently
1.    contrary to sentence 2 of Article 3(3) by not securing or incorrectly securing a landfill,
2.    contrary to sentence 1 of Article 4 by not organising or incorrectly organising a landfill,
3.    contrary to sentence 1 of Article 5, also in conjunction with sentence 2, by starting the
      operation of a landfill, a landfill cell or a major change to such a facility,
4.    contrary to sentence 1 of Article 6(1) or Article 7(1) or (2) points 1, 2 or 3 by landfilling
      waste,
5.    contrary to sentence 1 or sentence 6 of Article 8(1) by not submitting a basic
      characterisation or not submitting it correctly, completely or punctually,
6.    contrary to sentence 5 or sentence 7 of Article 8(1) by not or not punctually setting key
      parameters,
7.    contrary to sentence 1 of Article 8(3), also in conjunction with Article 17(1), by not
      verifying waste or by not verifying it punctually,
8.    contrary to sentence 1 of Article 8(4), also in conjunction with Article 17(1), by not
      carrying out an acceptance inspection, or by not verifying it correctly, completely or
      punctually,
9.    contrary to sentence 1 of Article 8(5) or sentence 3 points 1, 2 or 3 thereof, each also in
      conjunction with Article 17(1), by not carrying out a control test, or by not verifying it
      correctly, completely or punctually,
10.   contrary to Article 8(6), also in conjunction with Article 17(1), by not taking a reference
      sample, or not taking it punctually or not storing it for at least one month,
11.   contrary to sentence 2 of Article 9 in conjunction with Annex 5 point 4 Nos. 2 or 3 by not
      sprinkling the waste or not covering it punctually,
12.   contrary to sentence 2 of Article 9 in conjunction with sentence 1 of Annex 5 point 4(2) by
      constructing the landfill so that adverse reactions occur,
13.   contrary to sentence 2 of Article 9 in conjunction with Annex 5 point 4(5) by not ensuring
      that waste is drained, consolidated or compacted,
                                                25


14.   contrary to sentence 2 of Article 9 in conjunction with Annex 5 point 4(6) by not correctly
      emplacing waste,
15.   contrary to sentence 3 of Article 9 in conjunction with Annex 5 point 5(2) by not correctly
      conditioning waste,
16.   contrary to sentence 3 of Article 9 in conjunction with Annex 5 point 5(4) by handling
      types of waste such that they react against one another after landfilling,
17.   contrary to Article 10(1)(1) in conjunction with sentence 1 of Annex 1 point 2.1 by using a
      geoplastic, polymer, seal control system, construction material, sealing component or
      sealing system,
18.   contrary to Article 10(1)(1) in conjunction with sentence 2 of Annex 1 point 2.3 by not
      installing a compensatory layer, or not correctly or punctually installing it,
19.   contrary to Article 10(1)(1) in conjunction with sentence 4 or sentence 5 of Annex 1 point
      2.3 by not setting up a control field, or not correctly or punctually setting it up or not
      operating it for the envisaged period,
20.   contrary to Article 10(1)(1) in conjunction with sentence 1 or sentence 2 of Annex 1 point
      2.3.1(1) or Annex 1 point 2.3.1.1(1) by not dimensioning the thickness of the restoration
      layer, or not correctly dimensioning it,
21.   contrary to Article 10(1)(1) in conjunction with sentence 2 of Annex 1 point 2.3.1(4) or
      sentence 3 point (2) of Annex 1 point 2.3.2 by not ensuring that only material named
      therein is used,
22.   contrary to Article 10(1)(2) in conjunction with sentence 1 or sentence 2 of Annex 2 point
      3.1 by not performing a sealing measure, or not correctly, fully or punctually performing it,
23.   contrary to Article 10(1)(2) in conjunction with sentence 3 of Annex 2 point 3.1 by not
      installing a safety zone, or not installing it punctually,
24.   contrary to Article 12(2) by not creating a measuring point or measuring facility or not
      doing so punctually or not maintaining it for the prescribed duration,
25.   contrary to sentence 1 of Article 12(3) by not or not punctually performing a measurement
      or inspection,
26.   contrary to sentence 2(1) or 2(2) of Article 12(3) in conjunction with sentence 1, 2 or 3 of
      Annex 5 point 7 by not handling, or incorrectly handling, leachate or landfill gas,
27.   contrary to sentence 2 point 1 of Article 12(4) by not, or not punctually, informing the
      authority,
28.   contrary to sentence 2 point 2 of Article 12(4) by not acting according to the action plans,
29.   contrary to sentence 1 of Article 13(1) by not, or not punctually, preparing operating
      instructions or an operating manual,
30.   contrary to sentence 1 of Article 13(2) in conjunction with sentence 5 of Annex 5 point 1.3,
      each also in conjunction with sentence 2 of Article 17(2) by not documenting, or not
      correctly or fully documenting, information referred to therein,
31.   contrary to sentence 1 of Article 13(3) by not keeping an operating journal or not keeping
      one correctly or fully,
32.   contrary to sentence 1 of Article 13(5) by not submitting or incorrectly submitting the
      annual report,
33.   contrary to sentence 1 of Article 13(6) by not preparing, or incorrectly, incompletely or
      unpunctually preparing, an inventory, or
                                                  26


34.   by using waste contrary to Article 14(2).


(2)      The provisions of paragraph 1 points 1 to 16 and 24 to 33 also apply to long-term storage
facilities as defined in sentence 1 of Article 23.
                                                  27


                                               § 30
                                      Transitional provisions

(1)    In derogation of Article 3(1), Article 10(1) and Article 24, each in conjunction with
Annex 1 point 2.1(1), plastic sealing sheet, protective layers, geoplastics, polymers and seal
control systems may be used whose suitability has been established with the aid of a suitable
expert by … [insert: day and month of promulgation of this Ordinance and first calendar year
following promulgation].

 (2)    In derogation of sentence 2 of Article 26(1), specific bulk waste which exceeds the
classification value for ignition loss or total organic carbon pursuant to Annex 3 point 2, taking
into account footnote 3 to Table 2 for landfill class III, may be stored on a class III mono-landfill
or mono-landfill cell until … [insert: day and month of promulgation of this Ordinance and first
calendar year following promulgation] at the latest. It is only permissible to exceed this time
limit as per sentence 1 if the reason for exceeding the time limit is not traced to waste
components which lead to significant formation of landfill gas, decomposition and the associated
subsidence and if the waste cannot be treated by technical means.



                                              Annex 1:

   Site requirements, the geological barrier, bottom liner and surface sealing systems for
    landfills of classes 0, I, II and III (referring to Article 2(4), Article 3(1), Article 10(1),
                                   Article 23, Article 30(1) and (2))

1. Site and geological barrier
1.1 Suitability of the site
The suitability of the site for a landfill constitutes a necessary prerequisite for preventing public
welfare pursuant to Article 10(4) of the Closed Substance Cycle and Waste Management Act
from being adversely affected. When choosing a site the following points should particularly be
considered:


   1.   geological and hydrogeological conditions of the area including ensuring there is a
        permanent gap between the top surface of the geological barrier and the free water table
        of at least one metre,
   2.   specially protected areas or those meriting protection, such as drinking water and
        medicinal spring protection areas, water conservation areas, protected forests and nature
        conservation areas, biotopes,
   3.   adequate protection strip delimiting sensitive areas from, for example, residential or
        leisure areas,
   4.   risk of earthquakes, flooding, subsidence, collapse sinks, landslips or avalanches on the
        site.


1.2 The subsoil at a landfill
The subsoil at a landfill must meet the following requirements:
                                                 28


   1.   The subsoil must be capable of absorbing all soil-mechanical loads emanating from the
        landfill, and subsidence must not cause any damage to the bottom liner and leachate
        collection systems.
   2.   The landfill subsoil and that in the wider surroundings is to be capable of significantly
        hindering the dispersion of pollutants from the landfill based on its low permeability, its
        solidity and homogeneity, as well as its ability to retain pollutants (working as a
        geological barrier), so that a damaging contamination of the groundwater or other
        adverse changes to its characteristics do not give rise to concern. Special consideration
        must be given to the effects of the geological barrier when constructing class 0 landfills
        because they generally do not require sealing components and in choosing the site.
   3.   The minimum requirements for water permeability (k) and thickness (d) of the upper
        layer of the geological barrier result from Table 1 point 1. If the upper layer of the
        geological barrier in its natural form does not fulfil these requirements, it can be created,
        completed or improved by means of technical measures. In the case of sentence 2 the
        thickness (d) may be reduced to a minimum thickness of 0.5 metres if the same
        protective effect is achieved as in sentence 1 by means of correspondingly lower water
        permeability.
   4.   In derogation of point 2, point 3 applies in the case of the expansion of a landfill which
        is in the disposal phase on … [insert: date the Ordinance comes into force] and which
        does not have a suitable geological barrier, on condition that the technical measures are
        executed to the minimum thickness given in Table 1 point 1 and the requirements for
        groundwater protection under point 2 sentence 1 are complied with. Sentence 1 also
        applies to expansion by constructing a new landfill in close geographical proximity to
        the existing site.

2. Sealing systems
2.1 General requirements
Only materials listed below which correspond to the state of the art according to 2.1.1 may be
used for the sealing system, namely

   1.   geoplastics (plastic sealing sheet, protective layers, plastic drainage elements,
        reinforcing grids of plastic, etc.), polymers and seal control systems,
   2.   other building materials, sealing components and sealing systems,
may be used provided that they are not subject to harmonised technical specifications pursuant to
Directive 89/106/EEC and fully take account of the performance characteristics of the technical
specifications for the envisaged use. Licences from the BAM Federal Institute for Materials
Research and Testing shall continue to be valid provided they have not been declared invalid.
The ability to manufacture the sealing components and systems must be demonstrated for the
competent authority under construction site conditions by installing sampling fields prior to
constructing the sealing system.
All components must be constructed to be stable. Proof of this is to be furnished to the
competent authority, taking particular account of the resistance to slippage of the layers.
The production of the sealing components is to be subjected to quality management activities
during pre-production and during the construction proper. The quality management for
prefabrication consists of self-monitoring by the manufacturer and external supervision by a
commissioned third party, whilst during actual construction it consists of self-supervision by the
executing firm, external supervision by a commissioned third party and supervision by the
competent authority. The third party commissioned to make the external check must have
                                                 29


sufficient technical staff and specialists available. This external testing office and the scope of
performance of external testing must be agreed with the competent authority. The operator shall
pay the costs of external testing. The third party commissioned to undertake external testing must
be accredited as a testing facility.
A quality management plan must be drawn up in compliance with the quality management
principles in Chapter E5-1 of the GDA recommendations of work group (Arbeitskreis) 6.1 -
"Geotechnik der Deponiebauwerke" by Deutsche Gesellschaft für Geotechnik e.V., 3rd edition
1997, Ernst&Sohn Verlag, Berlin. This plan must set out the special elements of quality
management and the responsibilities, equipment and activities in such a way that the quality
characteristics of the landfill sealing systems mentioned in this Annex are complied with.


2.1.1 Requirements for state of the art
The sealing system, materials and the manufacture of the sealing components and their
installation as well as the characteristics of these components in their built-in state must be
selected such that the individual components and the overall system are proven to fulfil their
functions under all external and reciprocal effects over a period of at least 100 years. As a
deviation from this, a period of at least 30 years applies in the case of control systems for
convection barriers.
In addition, at least the following criteria and active mechanisms are to be considered under the
special general conditions prevailing in landfill sealing systems:
1.   impermeableness, measured by the requirements of Tables 1 and 2,
2.   ductility, so as to absorb unavoidable subsidence,
3.   resistance to mechanically acting forces,
4.   resistance to hydraulic action (suffosion and erosion),
5.   resistance to chemical and biological effects,
6.   resistance to weathering,
7.   resistance to age-related adverse material changes,
8.   secure, reproducible and quality-monitored prefabrication of sealing components,
9.   sound, functionality-maintaining and quality-monitored manufacture and installation of the
     sealing components and the sealing system, particularly incorporating suitable measures to
     give protection from damage from superimposed loads,
10. suitable proofs when a through-flow rate is specified for compliance:
11. in the case of mineral sealing components: composition of the materials, installation
    technique and integration in the sealing system in order to achieve very low permeability
    and to minimise the risk of forming dessication cracks,
12. in the case of landfill replacement construction materials: compliance with the additional
    requirements of Articles 14 and 15 of this Ordinance,
13. in the case of a mineral drainage layer: DIN 19667, published May 1991, Drainage of
    landfills; code of practice for design, construction and operation.
A single responsible contractor is to be appointed to manufacture the sealing system.


2.2 Special requirements for the geological barrier and the bottom liner system
                                                          30


Permanent protection of the soil and groundwater can be achieved by a combination of a
geological barrier according to point 1.2 and a bottom liner system in the landfill area according
to Table 1 points 2 to 4. If two sealing components are required, they are to consist of a
convection barrier (a plastic sealing sheet or asphalt seal) over a mineral component. As a rule,
the mineral component should be constructed in several layers. The sealing components are to be
protected from superimposed load damage.


                                              Table 1
                    Structure of the geological barrier and bottom liner system

  No.       System component           Class 0 landfill Class I landfill Class II landfill Class III landfill
  1    Upper layer of geological       k ≤ 110-7 m/s     k ≤ 110-9 m/s    k ≤ 110-9 m/s      k ≤ 110-9 m/s
                1)
       barrier                         d ≥ 1.00 m         d ≥ 1.00 m        d ≥ 1.00 m          d ≥ 5.00 m
  2    First sealing component2)       not required       required          required            required
  3    Second sealing                  not required       not required      required            Required
       component2)
  4    Mineral drainage layer3),       d ≥ 0.30 m         d ≥ 0.50 m        d ≥ 0.50 m          d ≥ 0.50 m
       k ≥ 110-3 m/s
    1) The coefficient of water permeability k must be complied with at a pressure gradient i = 30 (laboratory
       value according to DIN 18130-1, published May 1998, Soil - investigation and testing; determination of the
       coefficient of water permeability - Part 1: Laboratory tests).
    2) Where sealing components are manufactured from mineral constituents, they must comply with a minimum
       thickness of 0.50 m and a coefficient of water permeability of k ≤ 5 x 10-10 m/s at a pressure gradient of i =
       30 (laboratory value according to DIN 18130-1, published May 1998, Soil - investigation and testing;
       determination of the coefficient of water permeability - Part 1: Laboratory tests). Where plastic sealing
       sheet is used as a sealing component it must not be less than 2.5 mm thick.
    3) If it is demonstrated that in the long term there is no accumulation of water in the landfill body, then,
       subject to approval from the competent authority,
       a) it is possible to dispense with a drainage layer in class 0 landfills,
       b) it is possible to construct the drainage layer in a lesser thickness or different grain in class I, II and III
             landfills.

2.3 Special requirements of the surface sealing system
The surface sealing system has to be constructed according to Table 2.
If unevenness in the surface of the stored waste has to be evened out or certain soil-bearing
capacities engineered in order to allow the sealing components to be properly installed, an
adequately dimensioned compensatory layer must be constructed on the surface.
If two sealing components are required, they must consist of different materials which react so
differently to influences (e.g. dessication, mechanical perforation) that they act to compensate for
defects in impermeability.
If the surface sealing system is made without a convection barrier, a control field of at least 500
square metres must be provided at a representative point in the surface sealing system of class I,
II and III landfills with which the flow through the surface sealing system can be determined.
The control field has to be operated until the end of the aftercare phase.
If required because of the intended and permitted subsequent use, the restoration layer may be
replaced by a technical function layer tailored to the corresponding use.


2.3.1 Restoration layer
In case the landfill surface is to be used pursuant to point b or c of Article 2(2)(3) of the Federal
Soil Protection Act, as well as being left to a natural succession in respect of the natural function
                                                 31


pursuant to point a of Article 2(2)(1) of the Federal Soil Protection Act, the conditions for the
restoration layer are as follows:
   1. The thickness of the restoration layer is to be dimensioned according to the protection
      requirements of the underlying sealing components (greatest possible avoidance of roots
      penetrating the drainage layer, no other impairment to long-term functioning of the
      drainage layer, protection of sealing components from root and frost impact and from
      dessication, subsequent uses such as photovoltaics). There should be no less than a
      minimum thickness of 1 m. The restoration layer is to be constructed loosely.
   2. The material is to have a useful field capacity of at least 140 mm, related to the overall
      thickness of the restoration layer.
   3. The surface is to be protected from wind and water erosion by the choice of a suitable
      vegetation cover and as high an evapotranspiration as possible is to be achieved.
   4. The material employed must comply with Article 12(6) in conjunction with Article
      12(10) of the Federal Soil Protection and Contaminated Sites Ordinance of 12 July 1999
      (Federal Law Gazette I, p. 1554), as last amended by Article 2 of the Ordinance of
      23 December 2004 (Federal Law Gazette I, p. 3758). It has to be ensured that only
      material is used which allows the water contained in the drainage layer to be discharged
      according to the provisions of water law.


2.3.1.1 Water balance layer
If the restoration layer is designed as a water balance layer the following shall apply:
   1. Deviating from 2.3.1 point 1 sentence 2, the minimum thickness must be 1.50 m.
   2. Deviating from 2.3.1(2), the water balance layer shall have a useful field capacity of at
      least 220 mm, related to the overall thickness of the water balance layer.
   3. Leaching may amount to not more than 10 per cent of the long-term mean precipitation
      (30 years as a rule), with a maximum of 60 mm per year by five years after construction
      at the latest.
At the operator's request, the competent authority may allow deviations from the minimum
thickness according to point 1 and useful field capacity according to point 2 in the case of low-
precipitation sites (less than 600 mm per year), subject to proof of compliance with the
requirements under point 3.
                                                                   32


2.3.1.2 Methane oxidation layer
If the restoration layer is at the same time to take on the task of methane oxidation of residual
gases, additional requirements of the layer are to be agreed with the competent authority.
Interactions between methane oxidation and the water balance in the restoration layer need to be
evaluated.

2.3.2 Technical function layer
If the landfill surface is used as a traffic area, parking area, for construction projects or similar,
the restoration layer may be replaced by a technical function layer. In doing this, the material to
be incorporated into this technical function layer must comply at least with the requirements
relating to pollutant content and leachability below which an application outside the landfill site
would be permissible under similar general conditions. The following applies in the case of the
technical function layer:
         1. Its thickness is to be dimensioned according to the protection requirements of the
            underlying sealing components (no impairment to long-term functioning of the drainage
            layer, protection of sealing components from root and frost impact and from dessication).
         2. It has to be ensured that only material is used which allows the water contained in the
            drainage layer to be discharged in compliance with water law.
                                                        Table 2
                                        Structure of the surface sealing system

No.                   System component                         Class 0       Class I                Class II           Class III
                                                               landfill     landfill 5)            landfill 6)          landfill
1          Compensatory layer1)                              not required possibly7)             possibly7)         possibly7)
                                                                          required               required           required
2          Gas drainage layer1)                              not required not                    possibly8)         possibly8)
                                                                          required               required           required
3          First sealing component                           not required required2)             required2)         required3)
4          Second sealing component                          not required not                    required2)         required3)
                                                                          required
5          Drainage layer4)                                  not required required               required           required
           d ≥ 0.30 m, k ≥ 110-3 m/s,
           gradient > 5%
6          Restoration layer/technical                       required          required          required           required
            function layer
    1)    The compensatory layer may fulfil the function of the gas drainage layer according to point 2 if there is sufficient gas
          permeability and thickness.
    2)    Where sealing components are manufactured from mineral constituents, they must comply with a coefficient of water
          permeability of k ≤ 5 x 10-9 m/s at a pressure gradient of i = 30 (laboratory value according to DIN 18130-1, published
          May 1998, Soil - investigation and testing; determination of the coefficient of water permeability - Part 1: Laboratory
          tests). Deviating from sentence 1, mineral sealing components whose effectiveness cannot be described using coefficients
          of permeability may be used if they show a through-flow of not more than 20 mm/year as the five-year average. Where
          plastic sealing sheet is used as a sealing component it must not be less than 2.5 mm thick.
    3)    Where sealing components are manufactured from mineral constituents, they must comply with a coefficient of water
          permeability of k ≤ 5 x 10-10 m/s at a pressure gradient of i = 30 (laboratory value according to DIN 18130-1, published
          May 1998, Soil - investigation and testing; determination of the coefficient of water permeability - Part 1: Laboratory
          tests). Deviating from sentence 1, mineral sealing components whose effectiveness cannot be described using coefficients
          of permeability may be used if they show a through-flow of not more than 10 mm/year as the five-year average. Where
          plastic sealing sheet is used as a sealing component it must not be less than 2.5 mm thick.
    4)    At the operator's request, the competent authority may allow deviations from the minimum thickness, coefficient of water
          permeability and gradient of the drainage layer if it is demonstrated that the hydraulic efficiency of the drainage layer and
          the stability of the restoration layer are guaranteed permanently.
    5)    Instead of the sealing component, drainage layer and restoration layer it is possible to permit a restoration layer
          dimensioned according to point 2.3.1.1 as a water balance layer, if the leachate is collected entirely and is discharged onto
                                                                33


       a free gradient. Otherwise the through-flow through the water balance layer must not come to more than 20 mm/year as
       the five-year average.
 6)    In place of the second sealing component and restoration layer, a restoration layer dimensioned according to point 2.3.1.1
       may be constructed as a water balance layer. If the first sealing component is executed as a convection barrier, instead of
       a second sealing component, a control system can be installed for the convection barrier. In this case a second sealing
       component has to be constructed immediately below the convection barrier in the region of places at which the drainage
       water is collected and discharged. Sentences 1 to 3 apply in the case of landfills or landfill cells on which domestic waste,
       commercial waste similar to domestic waste, sewage sludge and other waste containing large organic components has
       been landfilled on condition that the operator can be demonstrated to successfully carry out measures pursuant to Article
       26(4) to accelerate biodegradation processes and improve long-term performance.
 7)    The requirement is orientated to point 2.3 sentence 2.
 8)    The requirement is orientated to Annex 5 point 7.


2.4 Licensing of geoplastics, polymers and seal control systems

2.4.1 Tasks and responsibilities
The BAM Federal Institute for Materials Research and Testing is responsible for testing and
licensing geoplastics such as plastic sealing sheet, protective layers, plastic drainage elements,
reinforcing grids of plastic, polymers and of seal control systems for use in landfill base and
surface lining systems on the basis of own studies and the findings of accredited bodies. Its remit
in this connection is as follows:

      1. Definition of test criteria.
      2. Inclusion of secondary conditions in the licence.
      3. Determination of the requirements for expert installation and quality management.

2.4.2 Licensing
For the licensing of geoplastics, polymers and control systems the BAM Federal Institute for
Materials Research and Testing takes account of at least the criteria and mechanisms according
to 2.1.1 regarding the state of the art.

2.4.3 Application
The licence is applied for by the manufacturer of the geoplastic, polymer or control system
product.

2.4.4 Expert advisors
A panel of expert advisors provide advice on preparing licensing guidelines which describe the
conditions and requirements for licensing by the BAM Federal Institute for Materials Research
and Testing; represented in the panel are representatives of the specialist government authorities
of the Länder, the German Federal Environment Agency and specialists from other relevant
fields. The BAM Federal Institute for Materials Research and Testing heads the specialist
advisory panel.

2.4.5 Publication
The licensing guidelines and certificates for valid licences are made available to the public in
appropriate form by the BAM Federal Institute for Materials Research and Testing.

3. Notifications by expert bodies
DIN standards are published by Beuth-Verlag GmbH, Berlin, from which they may be obtained
and are archived at the German Patent Office (Deutsches Patent- und Markenamt) in Munich.
                                                  34


                                            Annex 2:

  Site requirements, geological barrier, proof of long-term safety and decommissioning
 measures for class IV landfills in salt rocks (referring to Article 3(2), Article 10(1), Article
                                             11(2))


1. Site and geological barrier
In selecting the site for a class IV landfill in salt rocks (underground landfill) it has to be
considered that the waste should be kept permanently remote from the biosphere and storage
should be undertaken so as to render aftercare unnecessary. To be a significant geological barrier
at the site, the salt rocks must
   1. be impermeable to liquids and gas,
   2. be of a sufficient spatial extent,
   3. have sufficient thickness of virgin salt deposit in the chosen landfill area which is large
      enough not to adversely affect the barrier function in the long term, and
   4. by means of its convergence behaviour gradually surround the waste and enclose it
      solidly at the end of the deformation process.
In addition,
   5. the underground cavities used with the landfill must be stable at least for the duration of
      the operating phase, and
   6. sites are avoided in which the regional earthquake intensity will exceed the value 8
      according to the Medwedjew-Sponheuer-Karnik Scale (MSK scale) with 99 per cent
      probability.

2. Site-related safety assessment
Proof of suitability of the territory for establishing an underground landfill must be provided
through a site-related safety assessment. The basis of the site-related safety assessment is
provided by an analysis of the potential risks to be encountered during construction, operation
and aftercare phase. The necessary monitoring and protection measures must be derived from
this. Regarding the site-related safety assessment the following individual records should be
provided:
   1. record of geotechnical stability,
   2. safety assessment for the disposal phase, and
   3. long-term safety record.
The content of point 2.1 should be observed regarding the keeping of individual records.

2.1. Remarks on providing the long-term safety record
2.1.1 Scope and requirements
When disposing of hazardous waste in class IV landfills, the long-term safety record must be
kept for the entire system "waste/underground mine/rock body", with due regard for scheduled
and non-scheduled (hypothetical) incidents, and making allowance for the site-specific
circumstances.
The long-term safety record, as a comprehensive, summarising individual record within the
context of the site-related safety assessment is essentially based on the results of the two
individual records,
   1. the record of geotechnical stability, and
                                                 35


   2. the safety record for the operational phase.
In particular the geotechnical stability plays a key role in evaluating the long-term effectiveness
and integrity of the salt barrier.
Once complete enclosure has been verified by the record of geotechnical stability, there is no
need for any model calculations of unplanned incidents, provided plausible proof can be
provided on whether and how unplanned incidents would affect it. To this end, generally
speaking, a verbal argumentative approach is felt to be sufficient, although site-specific
verification must be given. Once complete enclosure has been verified in the record of
geotechnical stability, the requirement of the long-term safety record for model calculations on
pollutant dissemination in the overburden may be dispensed with.

2.1.2 Required basic information
In order to evaluate long-term safety, detailed basic information on the geological, geotechnical,
hydrogeological and geochemical parameters of the site, as well as on the concentration and
mobility behaviour of the pollutants being emplaced, is required. This includes, inter alia:

2.1.2.1 Geological conditions
   1. Geological barrier; vertical distance from the salt roof zone to the nearest upper
       underground excavations; distances of the horizontal cavities from the salt rock edges
       and vertical distance from the footwall; thickness of the entire salt deposit or the salt rock
       body.
   2. Degree of exploration of the deposit.
   3. Exploratory boreholes from above and below underground.
   4. Stratigraphy in the mining territory (including thicknesses, rock face transitions).
   5. Material composition of the salt deposit with the ratio of salt rock to potash rock, clays,
       anhydrites, carbonate rock.
   6. Salt deposit structure/interior construction, structural development including movements
       of the salt deposit and its environment, convergence, bearings and underlays of the
       deposit, edge formation, transformations at the surface of the salt deposit, position and
       formation of potential alkali reservoirs (e.g. main anhydrite).
   7. Degree of tectonic stress on the salt structure, predominant fault directions.
   8. Geological cross-sections through the drifts.
   9. Geothermal depth level.
   10. Regional seismic activity in the past and present.
   11. Subrosion, formation of earth subsidence on the surface.
   12. Halokinesis.

2.1.2.2 Information about the drifts
   1. Layout (deepness of the drifts, cavity volume, drift cross-sections, shafts, staple pits,
      spiral chutes and ramps, horizontal spread of the drifts, location and deepness of all shafts
      in the drifts, area and location of the levels and sub-levels, distance between levels and
      sub-levels, levels connected to a filling station on the air shaft, location and size of the
      planned storage cavities).
   2. Safety:
       a) Stability of the shafts, drifts, staple pits and working areas,
       b) Where applicable, roof subsidence, flaking due to impact and footwall risers in the
           vicinity of mining territory,
                                                 36


       c) Where applicable, solution inflows (locations, quantities per time unit, occurrence,
           temperature/density, saturated/unsaturated, pH value/chemical analysis, effects on
           mine operation or individual mine parts), cause and origin,
       d) Where applicable, gas release/risk (location, quantity, composition, cause),
       e) Where applicable, petroleum/natural gas occurrences (in the interior or in the salt
           slope/edge region of salt deposits),
       f)   Safety     pillars   to    the    overburden/edges/base/solution           cavities/bore
             holes/shafts/neighbouring mines,
       g) Existing exploratory boreholes from above and below ground (see also 2.2.1),
       h) Insulated parts of the drift and those that need to be insulated

2.1.2.3 Hydrogeological conditions
   1. Stratigraphy, petrography, tectonics, thickness and storage conditions of the layers in the
      overburden and adjacent rock
   2. Details of the structure of aquifers and details of groundwater movement
   3. Permeability and flow speeds
   4. Mineralisation of the groundwater, groundwater chemism, location of the
      saltwater/freshwater boundary
   5. Use of the groundwater, designated and planned drinking water and medicinal spring
      water conservation areas and priority areas
   6. Location, formation and properties of overground watercourses and stagnant waterbodies
      and those in water-filled underground caverns

2.1.2.4 Emplacement of waste
   1. Waste types and quantities, waste properties
   2. Emplacement concept and technique
   3. Geomechanical behaviour of the waste
   4. Reaction behaviour of the waste in case of the ingress of water and saline solutions:
       a)    solubility behaviour,
       b)    gas generation at increased temperatures underground,
       c)    interactions with each other or with the host rock

2.1.3 Development of a safety concept
On the basis of the above basic information in 2.1.2, a safety concept should initially be
prepared. An initial evaluation is then conducted within the context of the site-specific safety
assessment to determine whether proof of the complete enclosure of the deposited waste under
the site conditions appears feasible in the long term. At the same time it is possible to determine
whether supplementary or additional exploratory work may be required.

2.1.4 Record of geotechnical stability
In order to ensure permanent sealing of the waste from the biosphere, it is necessary to prove for
the stability of the individual cavities that
                                                37


   1. no deformations - either in the cavity itself or at the mine surface - are anticipated during
      and after creation of the cavities which could impair the correct functioning of the mine,
   2. the supporting behaviour of the rock is sufficient to prevent any downfalls in the cavities
      which could impair the long-term safety of a class IV underground landfill, and
   3. the deposited waste has a stabilising effect in the longer term.
Proof of stability during the disposal phase, the decommissioning phase and the aftercare phase
must be provided in the form of a report by an expert in rock mechanics. In particular, the
following tasks must be addressed:
  1.   Classification and evaluation of the geological/tectonic and hydrogeological/hydrological
       findings with respect to their relevance for the ascertained and forecasted rock
       mechanical situation in the vicinity of the drifts.
  2.   Analysis of the mining situation based on operational experience (where available),
       particularly with respect to the dimensioning of the underground excavation and on the
       evaluation of stability.
  3.   Analysis of the rock behaviour on the basis of measurements above and below ground,
       the results of geotechnical laboratory experiments and on the basis of mine survey
       forecasts and evaluations of the rock mechanics. Available results and databases from a
       mining company may be utilised.
  4.   Derivation of the representation of potential risk situations in terms of rock mechanics,
       based on the analyses conducted.
  5.   Preparation of a safety plan to verify stability and to facilitate a rock-mechanical
       evaluation of long-term safety (integrity/intactness) of the geological barriers; the
       potential risks should be outlined and the risks on which the computational proof is to be
       based should be defined.
  6.   Specification of the potential influencing factors of a geological/tectonic nature that need
       to be taken into account (including primary stress state, temperature field, earthquakes) as
       well as those of an anthropogenic nature (e.g. due to cavity ascensions, waste
       emplacement).
  7.   Performance of laboratory experiments to determine the rock-mechanical properties
       (strength and deformation properties) of the outcrop salt rock, and where applicable of
       the waste for emplacement as well.
  8.   In-situ measurements to evaluate the load status (deformation and stress status) of the
       deposit due to the mining work carried out; in critical areas also, in-situ measurements of
       permeability.
  9.   Computational rock-mechanical modelling to simulate the load status of the rock and the
       long-term behaviour of the emplacement area and the drift, with due regard for long-term
       convergence, the stabilising effect of wastes, and seismologically induced dynamic
       effects.
  10. Evaluation of rock-mechanical conditions:
       a) Stability (assessment of the possibility of a strength or deformation failure, seismic
          system stability),
       b) Convergence of the drift and surface lowering, and
       c) Long-term effectiveness of the geological barriers.
  11. Formulation of the measures required from a rock-mechanical viewpoint during waste
      disposal and at the end of landfilling:
                                                 38


       a)     geotechnical measures accompanying operation, and
       b)     basic rock-mechanical principles for protection and sealing structures.

2.1.5 Record of long-term safety
Based on the preceding study results, the comprehensive and summarising record of long-term
safety for the entire system "waste/underground structure/rock body" should include a
consideration and evaluation of the following individual systems on the basis of the multi-barrier
system:
   1. Evaluation of natural barriers - behaviour of the host rock, the adjacent rock and the
      overburden
   2. Evaluation of technical intervention:
       a) Shafts
       b) Other underground excavations (e.g. drifts, staple pits)
       c) Overground boreholes
       d) Underground boreholes, and
       e) Mining-induced loosening of the rock
       into the natural barriers
   3. Evaluation of barriers:
       a) Waste properties and conditioning, where applicable
       b) Type of emplacement
       c) Driftway dams, and
       d) Shaft seals
   4. Evaluation of naturally-induced events which endanger the complete enclosure of the
      wastes and which could effect the mobilisation of pollutants:
       a) Diaprirism and subrosion
       b) Earthquakes
   5. Evaluation of technically-induced events and processes which endanger the complete
      enclosure of the wastes and which could effect the mobilisation of pollutants:
       a) Leaks in exploratory boreholes
       b) Ingress of water during the operational phase, e.g. via the shafts
       c) Ingress of alkalines or gases during the operational phase
       d) Failure of the shaft seals
       e) Mining-induced loosening of the rock
       f) Boreholes or other intervention during the post-operational phase
       The choice of additional events should be based on the respective site-specific situation.
   6. Summarising evaluation of the overall system with due regard for all safety-relevant
      aspects
3. Decommissioning
3.1 General
                                                  39


During the decommissioning of the class IV landfill, sealing measures have to be carried out to
ensure that the stored waste is securely withdrawn from the biosphere. This requires the
requirements in points 3.2 or 3.3 to be observed.
To create shaft compartments and other means of access to the landfill, a safety zone must be
created which is to be locked and permanently marked. These zones must be rendered
inaccessible so as to prevent the land being used and secured additionally by making a zone
prohibited for construction. After completing the measures, the remaining land must be made
useable again.
Auditable documents concerning the sealing measures are to be submitted to the competent
authority with the notification of the ending of the storage of waste.

3.2 Mines
Before the sealing activities commence, a final survey is to be performed underground in order
to monitor the installation.
The shafts are to be completely filled.
The technical structure of the shaft blocking column is to be determined in detail, taking account
of the geological profile and finishing work, so that there can be no contact between the disposal
area and the biosphere in the long term.
In the surface zone, the shafts and other access ways are to be securely covered. The covers are
to be made in such a way that the underlying blocking column can be inspected.
If a class IV landfill is operated in association with a salt mine and the mineral extraction lasts
longer than the landfill operation, after the landfilling ends the landfill zone is to be closed off by
a hydraulically impermeable underground sealing of the landfill zone calculated to withstand the
anticipated pressure from the extraction area, which in its technical design must take into account
the events featured in the long-term safety record according to point 2.1.5 (4) and (5).
The information in the guideline on the protection of surface shafts (Leitfaden für das Verwahren
von Tagesschächten) of 5 December 2007, Annex 2 in particular, is to be followed for drafting
the technical structure of the shaft blocking columns, the quality assurance and the measures
following filling.
                                                40


3.3 Caverns
A sealing structure is to be constructed in the zone of the cavern roof and cavern neck. All
withdrawable pipes are to be removed from the mining chamber. The last cemented pipe column
is to be completely filled with a suitable sealing material. The sealing of the mining chamber is
to be designed to prevent an inflow of groundwater and formation water to the stored waste and
the release of pollutants into the biosphere. It must satisfy at least the following requirements:
   1. Long-term stability and freedom from maintenance of the seal must be guaranteed.
   2. The impermeability effect of the seal must approximate that of the natural salt or adjacent
      rock.
   3. A rapid positive-locking and non-positive fit between the seal and salt rock must be
      guaranteed in order to achieve a rapid sealing against leakage.
   4. The material of the seal must approximate the mechanical-strength properties of the
      environment.
   5. After emplacement, there must be a low rate of volume shrinkage in the seal material.

4. Documentation of protection of surface access points
   Records are to be kept on the protection of surface access points and submitted to the
   competent mining authority. This documentation must at least include:
   1. a description of the overall project including framework legal conditions and targets,
   2. condition of the shaft or borehole and the relevant environment prior to commencing
      protection or sealing,
   3. state of the shaft or borehole and relevant environment after preparing for filling or
      sealing, including the work stages performed and the firms carrying them out,
   4. state of the shaft or borehole and relevant environment after protection or sealing,
      including the work stages performed and the firms carrying them out,
   5. written explanation of the protection or sealing measures with the findings of the
      investigation of any possible remaining area under risk,
   6. graphic representations (ground plan with the shaft or borehole shown, the shaft profile
      with construction of the filling, and any areas at risk),
   7. bills of quantities,
   8. proof of quality-compliant execution of the protection or sealing,
   9. photographic documentation.
   The documentation is to be kept updated throughout the aftercare phase.


5. Promulgations of expert authorities

  1.   The MSK scale is published in Brockhaus Naturwissenschaft und Technik,
       Bibliographisches Institut & F. A. Brockhaus AG, Mannheim, 2003.

  2.   Guidelines for the protection of surface shafts (Leitfaden für das Verwahren von
       Tagesschächten) is published in the Sammelblatt der Bezirksregierung Arnsberg, dept. 6,
       ref.: 86.18.13.1-8-35.

                                            Annex 3:
                                                          41


Criteria governing licensing and classification (referring to Article 2(6) to (10), (21) to (24),
 (34), Article 6(2) to (5), Article 8(1), (3), (5) and (7), Article 14(3), Articles 15, 23, 26(1),
                                           Article 30(3))


1.      The use of waste in manufacturing landfill replacement construction material and
its direct use as landfill replacement construction material in class 0, I, II or III landfills
Where waste is used in the manufacture of landfill replacement construction material and
directly as landfill replacement construction material for the instances described in Table 1
points 2.2, 2.3 and 3, the classification criteria under point 2, and for the instances according to
Table 1 points 1.1, 2.1 and 4 the classification criteria under Table 2, must be observed. Figures
4 to 7, which are contained in columns 3 to 6 referring to the applications in points 1 to 4 of
Table 1, represent the particular classification values included in columns 4 to 7 of Table 2.

                                              Table 1
          Licensing criteria for the use of landfill replacement construction materials




                                     2                                      3             4             5            6
 1
                                                                         Class 0       Class I       Class II     Class III
No.              Area of application/landfill class                      landfill      landfill      landfill     landfill




1       Geological barrier
1.1     Technical measures to construct, complete or improve the             4            4             4             4
        upper layer of the geological barrier
2       Bottom liner system
2.1     Mineral sealing component                                                         4             4             4
2.2     Protective layer/protective coat                                                  5             6             7
2.3     Mineral drainage layer                                              4             5             6             7
3       Building measures in the landfill body that are required
        from the point of view of landfilling (e.g. separating
        dams, roads, gas collectors), profiling of the landfill
        body and compensatory layer and gas drainage layer of
        the surface sealing system, for landfills or landfill cells
        which1)
3.1     meet all the requirements for the geological barrier and            4             5             6             7
        bottom liner system according to Annex 1
3.2     meet at least all the requirements for the geological barrier       4             42)           5             6
        or the bottom liner system according to Annex 1
3.3     meet neither the requirements for the geological barrier nor        4             42)           42)           42)
        the bottom liner system completely according to Annex 1
4       Surface sealing system
4.1     Sealing component                                                                 42)           42)           42)
4.2     Protective layer/protective coat                                                                 4             4
4.3     Drainage layer                                                                    4              4             4
4.4.1   Restoration layer                                                Annex 1       Annex 1       Annex 1       Annex 1
                                                                        point 2.3.1   point 2.3.1   point 2.3.1   point 2.3.1
4.4.2   Technical functional layer                                       Annex 1       Annex 1       Annex 1       Annex 1
                                                                  42


                                                                                  point 2.3.2     point 2.3.2    point 2.3.2     point 2.3.2

1)     Where the content of the naturally expose soil in the area of landfills is higher, the competent authority may give
permission for soil material from this area to be used for the stated applications even if individual classification criteria according
to Table 2 in point 2 are exceeded. This must not be expected to have any adverse effects on the landfill characteristics.
2)      If the landfill operator can furnish proof to the competent authority on the basis of an environmental risk assessment that
the landfill replacement construction materials do not pose any risk to the soil or groundwater despite not complying with
individual classification criteria according to column 4 of Table 2 in point 2, the competent authority may also authorise the use
of landfill replacement construction materials with higher loads. However, in the case of sentence 1, landfill replacement
construction materials for use in a class 1 landfill must at least comply with the requirements under which the recovery of
relevant waste outside the landfill body in technical constructions with defined technical safety measures would be permitted. In
the case of sentence 1, landfill replacement construction materials for use in a class II landfill must comply at least with the
classification criteria according to Table 2 column 5, and such materials for use in a class III landfill must comply at least with
the classification criteria of Table 2 column 6, taking account of the relevant footnotes.

2.         Classification criteria for class 0, I, II or III landfills
Classification of waste and landfill replacement construction materials for landfills or landfill
cells in classes 0, I, II or III must comply with the values in Table 2.
Deviating from sentence 1, the competent authority may permit waste and landfill replacement
construction material to be deposited or used despite exceeding individual classification criteria,
provided the operator furnishes proof that there is no adverse effect on public welfare –
measured according to the requirements of this Ordinance.
Excess values according to sentence 2 may amount, at the maximum, to three times the relevant
classification value, provided the table footnotes do not permit higher amounts.
Deviating from sentence 3, sentence 2 applies to specific bulk waste which is disposed of on a
mono-landfill or a mono-landfill cell of class I, on condition that the amount of the excess may
come, as a maximum, to three times the relevant classification value for class II (Table 2 column
6), provided the table footnotes do not permit higher amounts.
According to sentences 2 to 4 it is not permitted to exceed the parameters for ignition loss, TOC,
BTEX, PCB, mineral oil hydrocarbons, pH value or DOC, unless permitted in the table
footnotes.
It is not permitted to exceed the classification values according to sentences 2 to 4 in the case of
the mechanical-biological pre-treatment of waste. Sentence 6 applies subject to the following
conditions:
     a) the organic portion of the dry residue of the original substance is deemed to be complied
         with if a TOC of 18 mass % or a calorific value (Ho) of 6000 kJ/kg is not exceeded,
     b) there is a DOC of max. 300mg/l, and
     c) the biodegradability of the dry residue of the original substance of 5 mg/g (determined as
         breathing activity AT4) or of 20 l/kg (determined as the gas formation rate in the
         fermentation test GB21) is not exceeded.
Further parameters and the determination of the total solids content of selected parameters may
be set in respect of the type of waste, pre-treatment steps and special landfill or conditions of use.
Annex 4 should be observed for sampling, sample preparation and testing.
The competent authority shall maintain a register on the decisions made according to sentence 2.
                                                          43


                                                     Table 2
                                              Classification values

                                                                  4            5            6              7
 1                      2                           3
                                                               Class 0      Class I      Class II       Class III
No.                 Parameter
                                                               landfill     landfill     landfill       landfill
1       Organic component of dry residue
        in original substance1)
1.01    determined as ignition loss           mass %        ≤ 32)         ≤ 32)3)       ≤ 52) 3)    ≤ 102) 3)
1.02    determined as TOC                     mass %        ≤ 12)         ≤ 12)3)       ≤ 3 2) 3)   ≤ 62) 3)
2       Criteria for solid matter
2.01    Total BTEX (benzene, toluene,         mg/kg TM      ≤6
        ethyl benzene, o-,m-,p-xylene,
        styrene, cumene)
2.02    PCB (total of the 6 PCB congeners     mg/kg TM      ≤1
        according to Ballschmiter, PCB -
        28, -52, -101, -138, -153, -180)
2.03    Mineral oil hydrocarbons (C 10 to     mg/kg TM      ≤ 500
        C 40)
2.04    Total PAH according to EPA            mg/kg TM      ≤ 30
2.05    Acid neutralisation capacity          mmol/kg                                               To be
                                                                                                    determined
3      Eluate criteria
3.01   pH value4)                                           5.5-13       5.5-13        5.5-13       4-13
3.02   DOC5)                                   mg/l         ≤ 50         ≤ 506)        ≤ 806) 7)    ≤ 1008)
3.03   Phenols                                 mg/l         ≤ 0,1        ≤ 0,2         ≤ 50         ≤ 100
3.04   Arsenic                                 mg/l         ≤ 0.05       ≤ 0.2         ≤ 0.2        ≤ 2.5
3.05   Lead                                    mg/l         ≤ 0.05       ≤ 0.2         ≤1           ≤5
3.06   Cadmium                                 mg/l         ≤ 0.004      ≤ 0.05        ≤ 0.1        ≤ 0.5
3.07   Copper                                  mg/l         ≤ 0.2        ≤1            ≤5           ≤ 10
3.08   Nickel                                  mg/l         ≤ 0.04       ≤ 0.2         ≤1           ≤4
3.09   Mercury                                 mg/l         ≤ 0.001      ≤ 0.005       ≤ 0.02       ≤ 0.2
3.10   Zinc                                    mg/l         ≤ 0.4        ≤2            ≤5           ≤ 20
3.11   Chloride9)                              mg/l         ≤ 80         ≤ 1.50010) ≤ 1.50010) ≤ 2.500
3.12   Sulphate9)                              mg/l         ≤ 10011)     ≤ 2.00010) ≤ 2.00010) ≤ 5.000
3.13   Cyanide, easily released                mg/l         ≤ 0.01       ≤ 0.1         ≤ 0.5        ≤1
3.14   Fluoride                                mg/l         ≤1           ≤5            ≤ 15         ≤ 50
3.15   Barium                                  mg/l         ≤2           ≤ 510)        ≤ 1010)      ≤ 30
3.16   Chromium, total                         mg/l         ≤ 0.05       ≤ 0.3         ≤1           ≤7
3.17   Molybdenum                              mg/l         ≤ 0.05       ≤ 0.310)      ≤ 110)       ≤3
3.18a  Antimony12)                             mg/l         ≤ 0.006      ≤ 0.0310)     ≤ 0.0710)    ≤ 0.5
                             12)                                                10)           10)
3.18b  Antimony – Co value                     mg/l         ≤ 0.1        ≤ 0.12        ≤ 0.15       ≤ 1.0
3.19   Selenium                                mg/l         ≤ 0.01       ≤ 0.0310)     ≤ 0.0510)    ≤ 0.7
3.20   Water-soluble proportion                mass %       ≤ 0.4        ≤3            ≤6           ≤ 10
       (evaporation residue) of the dry
       residue in original substance9)
    1) No. 1.01 can be applied as equivalent to no. 1.02.
    2) With permission from the competent authority it is possible to exceed TOC and ignition loss if
         a) the relevant classification criterion for DOC, taking account of footnotes 5, 6 or 7, is complied with,
         b) the biodegradability of the dry residue in the original substance of 5 mg/g (determined as breathing
               activity AT4) or of 20 l/kg (determined as the gas formation rate in the fermentation test GB 21) is not
               reached, and
         c) the calorific value (Ho) of 6000 kJ/kg is not exceeded.
         Deviating from sentence 1 b and c, the competent authority may set a higher classification criterion for soil
         (waste codes 17 05 04 and 20 02 02 pursuant to the Appendix to the Waste Catalogue Ordinance) and
         excavated earth (waste code 17 05 06 pursuant to the Appendix to the Waste Catalogue Ordinance) if the
         soil or excavated earth does not contain more than 5 volume percent of foreign matter. In class 0 landfills it
         is permitted to exceed according to sentence 1 up to max. 6 mass %.
    3) The classification criterion does not apply to waste or landfill replacement construction materials from
         high-temperature processes, particularly waste from processing slag, unprocessed slag, dust and sludge
                                                         44


      from exhaust gas cleaning of sintering plants, blast furnaces, shaft furnaces and steelworks in the iron and
      steel industry.
  4) Deviating pH values alone do not constitute a criterion for exclusion. Where the value is undercut or
      exceeded, the cause must be investigated.
  5) The classification criterion for DOC is also complied with if the waste or the landfill replacement
      construction material does not comply with the classification criterion at its own pH value, but at a pH
      value between 7.5 and 8.0.
  6) Does not apply to waste or landfill replacement construction materials which are gypsum-based as long as
      they are not landfilled or used together with biodegradable or hazardous waste.
  7) It is permissible to exceed the DOC up to max. 100 mg/l if only non-hazardous waste or landfill
      replacement construction materials have been landfilled or used on the landfill or landfill cell since 16 July
      2005.
  8) With permission from the competent authority, DOC may be exceeded up to 200 mg/l if there are no
      adverse effects on public welfare and up to max. 300 mg/l if based on elementary carbon.
  9) No. 3.20 may be applied as equivalent to nos. 3.11 and 3.12.
  10) The classification criterion does not apply if only non-hazardous waste or landfill replacement construction
      materials have been landfilled or used on the landfill or landfill cell since 16 July 2005.
  11) It is permissible to exceed the sulphate value up to a value of 600 mg/l if the C o value of the percolation test
      does not exceed the value of 1500 mg/l at L/S = 0.1 l/kg.
  12) It is permissible to exceed the antimony value according to no. 3.18a if the Co value of the percolation test
      according to no. 18b is not exceeded.


                                                    Annex 4:

  Specifications on testing samples (sampling, preparation of samples and examination of
  waste and landfill replacement construction materials) (referring to Article 6(2), Article
                                8(1), (3) and (5), Article 23)


1. Expertise and accreditation
Samples are to be taken by persons with the necessary expertise. Samples are to be tested by
independent test institutions accredited to DIN EN ISO/IEC 17025 (published August 2005, 2nd
revision, May 2007) or bodies which have been irrevocably licensed whilst observing the
requirement of point 3.

2. Sampling
Samples for carrying out tests is to be undertaken according to LAGA PN 98 - Richtlinie für das
Vorgehen bei physikalischen, chemischen und biologischen Untersuchungen im Zusammenhang
mit der Verwertung/Beseitigung von Abfällen (Guideline for action in physical, chemical and
biological investigations in connection with the recovery/disposal of waste), version 2002, ISBN:
978-3-503-07037-4. Sampling is to be protocolled. The sampling protocols are to be kept for five
years and submitted on request to the competent authority.

3. Determination of total content in solids and the elutable portion
The classification criteria listed in Annex 3 are to be determined by the following processes.
Equivalent processes according to the state of the art are permissible with the approval of the
competent authority. If other parameters not mentioned below have to be tested, the competent
authority will set the test method. In doing so, the limit of determination of a selected analysis
method must be less than the value of the corresponding parameter by at least a factor of three.
The detection and determination limits are determined in accordance with DIN 32645 (Chemical
analysis - decision limit, detection limit and determination limit - Estimation in case of
repeatability; terms methods, evaluation; published May 1994).
                                               45



3.1 Determining the total contents in solids
3.1.1 Preparation of samples
Solid waste is to be sampled pursuant to E-DIN 19747, published December 2006 (Investigation
of solids – Pre-treatment, preparation and processing of samples for chemical, biological and
physical investigations) by quartering, breaking up and grinding in order to obtain a
homogeneous sample of 1000 g from a starting sample of 5 to 50 kg. Samples of highly viscous
and turbid waste are to be prepared by pan-grinding to obtain a homogeneous sample of 1000 g
from a starting sample of 5 to 50 kg. The dry matter of the sample is determined according to
DIN EN 14346, published in March 2007 (Characterisation of waste - Calculation of dry matter
by determination of dry residue or water content). Preparation of the sample has to be recorded
in a protocol.

3.1.2 Digestion process
DIN EN 13657, published in January 2003,
Characterisation of waste - Digestion for subsequent determination of aqua regia soluble portion
of elements in waste.


3.1.3 Organic portion of dry residue in original substance

3.1.3.1 Ignition loss
DIN EN 15169, published in April 2005,
Characterisation of waste - Determination of loss on ignition in waste, sludge and sediments

3.1.3.2 TOC (Total organic carbon)
DIN EN 13137, published in April 2001,
Characterisation of waste - Determination of loss on ignition in waste, sludge and sediments

3.1.4 BTEX (benzene, toluene, ethyl benzene, o-,m-,p-xylene, styrene, cumene)
Manual on existing pollution (Handbuch Altlasten), vol. 7: Methods of analysis; Part 4 (on the
determination of BTEX/LHKW in solids on contaminated sites), published in 2000, Hessen
Land Office for Environmental Protection (LfU HE) Hessische Landesanstalt für Umwelt und
Geologie

3.1.5 PCB (polychlorinated biphenyls - total of the six PCB congeners according to
Ballschmiter, PCB -28, -52, -101, -138, -153, -180)
DIN EN 15308, published May 2008
Characterisation of waste - Determination of selected polychlorinated biphenyls (PCB) in solid
waste by using capillary gas chromatography with electron capture or mass spectrometric
detection
Alternatively:
DIN 38414 S20, published January 1996
German standard methods for the examination of water, waste water and sludge - Sludge and
sediments (Group S) - Part 20: Determination of six selected polychlorinated biphenyls (PCB) (S
20)
                                                  46



3.1.6 Mineral oil hydrocarbons        (C 10 to C 40)
DIN EN 14039, published January 2005
Characterisation of waste - Determination of hydrocarbon content in the range of C10 to C40 by
gas chromatography
in conjunction with
LAGA-Mitteilung 35, Determination of the hydrocarbon content in waste - Untersuchungs- und
Analysenstrategie (LAGA-Richtlinie KW/04), version: 16 November 2004, ISBN: 978-3-503-
08396-1

3.1.7 PAH (polycyclic aromatic hydrocarbons)
DIN EN 15527, published September 2008
Characterisation of waste - Determination of polycyclic aromatic hydrocarbons (PAH) in waste
using gas chromatography mass spectrometry (GC-MS)

3.1.8 Density
DIN 18125, Part 2, published August 1999
Density of the deposited waste, field test, building land, testing of soil samples - Determination
of density of soil - Part 2: field tests

3.1.9 Calorific value
DIN EN 15170, published in November 2006
Characterisation of sludges - Determination of calorific value; German version prEN
15170:2006

3.2 Determining eluate content
3.2.1 Production of eluate
3.2.1.1 Production of eluate with a liquid to solids ratio of 10:1
DIN EN 12457-4, published January 2003
Characterisation of waste - Leaching; compliance test for leaching of granular waste materials
and sludges - Part 4: one-stage batch test at a liquid to solids ratio of 10 l/kg for materials with
particle size below 10 (with or without reduction of particle size).
Deviating from the content of DIN EN 12457-4, the material is only to be broken up from a
particle size of 40 mm onwards. Quantities weighed in for the eluate process as per DIN EN
12457-4. Where appropriate, the eluate is to be produced according to Chapter 5 of the Directive
published by the Länderarbeitsgemeinschaft Abfall (Länder working party on waste) for the
procedure in physical and chemical investigations of waste, contaminated soils and materials
from the abandoned polluted areas (LAGA Directive EW 98), published 2002, ISBN 978-3-503-
07038-1.
                                               47


3.2.1.2 Production of eluate with a constant pH value of 4 and 11 respectively/acid
neutralisation capacity
Where appropriate, the eluate is to be produced according to Chapter 5 of the Directive
published by the Länderarbeitsgemeinschaft Abfall (Länder working party on waste) for the
procedure in physical and chemical investigations of waste, contaminated soils and materials
from the abandoned polluted areas (LAGA Directive EW 98), published 2002, ISBN 978-3-503-
07038-1.

3.2.2 Up-flow percolation test
DIN CEN/TS 14405, published September 2004
Characterisation of waste – Leaching behaviour – Up-flow percolation test (under specified
conditions)
Alternatively:
DIN 19528, published July 2007
Leaching of solid materials - percolation method for the joint examination of the leaching
behaviour of organic and inorganic substances for materials with a particle size of up to 32 mm -
Basic characterisation using a comprehensive column test and compliance test using a quick
column test

3.2.3 pH value
DIN 38404-5, published August 2005
Determination of pH value - German standard methods for the examination of water, waste water
and sludge; Physical and physico-chemical characteristics (Group C); Determination of pH value
(C 5)

3.2.4 DOC (Dissolved organic carbon)
3.2.4.1 DOC
DIN EN 1484, published August 1997
Water analysis - Instructions on determining the total organic carbon (TOC) and dissolved
organic carbon (DOC)
3.2.4.2 DOC at a pH value between 7.5 and 8
Determination of ability to elute with aqueous media at a constant pH value - Chapter 5 of the
Directive for the procedure in physical and chemical investigations of waste, contaminated soils
and materials from the abandoned polluted areas - manufacture and investigation of aqueous
eluates (LAGA Directive EW 98), published 2002, ISBN 978-3-503-07038-1.

3.2.5 Phenols
DIN 38409-H16-3, published June 1984
German standard methods for the examination of water, waste water and sludge; Summary
action and material characteristic parameters (Group H); determination of the phenol index (H
16)

3.2.6 Arsenic
DIN EN ISO 11969, published November 1996
Determination of arsenic - Atomic absorption spectrometric method (hydride technique)
                                              48


Alternatively:
DIN EN ISO 11885, published April 1998
Determination of 33 elements by inductively coupled plasma-atomic emission spectrometry
Alternatively:
DIN EN ISO 15586, published February 2004
Determination of trace elements using atomic absorption spectrometry with graphite furnace
Alternatively:
DIN EN ISO 17294-2, published February 2005,
Application of inductively coupled plasma mass spectrometry (ICP-MS) - Part 2: Determination
of 62 elements

3.2.7 Lead
DIN EN ISO 15586, published February 2004
Determination of trace elements using atomic absorption spectrometry with graphite furnace
Alternatively:
DIN EN ISO 17294-2, published February 2005
Application of inductively coupled plasma mass spectrometry (ICP-MS) - Part 2: Determination
of 62 elements
Alternatively:
DIN EN ISO 11885, published April 1998
Determination of 33 elements by inductively coupled plasma-atomic emission spectrometry

3.2.8 Cadmium
DIN EN ISO 15586, published February 2004
Determination of trace elements using atomic absorption spectrometry with graphite furnace
Alternatively:
DIN EN ISO 17294-2, published February 2005
Application of inductively coupled plasma mass spectrometry (ICP-MS) - Part 2: Determination
of 62 elements
Alternatively:
DIN EN ISO 11885, published April 1998
Determination of 33 elements by inductively coupled plasma-atomic emission spectrometry

3.2.9 Copper
DIN EN ISO 15586, published February 2004
Determination of trace elements using atomic absorption spectrometry with graphite furnace
Alternatively:
DIN EN ISO 17294-2, published February 2005
Application of inductively coupled plasma mass spectrometry (ICP-MS) - Part 2: Determination
of 62 elements
Alternatively:
DIN EN ISO 11885, published April 1998
Determination of 33 elements by inductively coupled plasma-atomic emission spectrometry


3.2.10 Nickel
                                              49


DIN EN ISO 15586, published February 2004
Determination of trace elements using atomic absorption spectrometry with graphite furnace
Alternatively:
DIN EN ISO 17294-2, published February 2005
Application of inductively coupled plasma mass spectrometry (ICP-MS) - Part 2: Determination
of 62 elements
Alternatively:
DIN EN ISO 11885, published April 1998
Determination of 33 elements by inductively coupled plasma-atomic emission spectrometry

3.2.11 Mercury
DIN EN 1483, published July 2007
Water quality - Determination of mercury by atomic absorption spectrometry
Alternatively:
DIN EN ISO 13506, published April 2002
Atomic fluorescence spectrometry (AFS)
Alternatively:
DIN EN ISO 17852, published July 2007
Atomic fluorescence spectrometry (AFS)

3.2.12 Zinc
DIN EN ISO 15586, published February 2004
Determination of trace elements using atomic absorption spectrometry with graphite furnace
Alternatively:
DIN EN ISO 17294-2, published February 2005
Application of inductively coupled plasma mass spectrometry (ICP-MS) - Part 2: Determination
of 62 elements
Alternatively:
DIN EN ISO 11885, published April 1998
Determination of 33 elements by inductively coupled plasma-atomic emission spectrometry
                                                50


3.2.13 Chloride
DIN EN ISO 10304-2, published November 1996
Water quality - Determination of dissolved anions by liquid chromatography of ions - Part 2:
Determination of bromide, chloride, nitrate, nitrite, orthophosphate and sulphate in waste water
Alternatively:
DIN 38405-1, published December 1985
Determination of chloride ions (D1)
Alternatively:
DIN EN ISO 15682, published January 2002
Determination of chloride using flow analysis (CFA and FIA) and photometric or potentiometric
detection

3.2.14 Sulphate
DIN EN ISO 10304-2, published November 1996
Water quality - Determination of dissolved anions by liquid chromatography of ions - Part 2:
Determination of bromide, chloride, nitrate, nitrite, orthophosphate and sulphate in waste water
Alternatively:
DIN 38,405-5, published January 1985
Determination of sulphate ions (D5)

3.2.15 Cyanide, easily released
DIN 38405-D14-2, published December 1988
German standard methods for the examination of water, waste water and sludge; anions (Group
D); determination of cyanides in drinking water, slightly contaminated groundwater and surface
water (D 14)
For sulphide-containing waste determination is according to DIN 38405-D13-2, published
November 2006, German standard methods for the examination of water, waste water and
sludge; Anions (Group D); Determination of cyanides (D 13)

3.2.16 Fluoride
DIN 38405-D4-1, published July 1985
German standard methods for the examination of water, waste water and sludge; Anions (Group
D); Determination of fluoride (D 4)
Alternatively:
DIN EN ISO 10304-1, published April 1995
Determination of dissolved anions of fluoride, chloride, nitrite, orthophosphate, bromide, nitrate
and sulfate by liquid chromatography of ions - Part 1: Method for slightly contaminated water

3.2.17 Barium
DIN EN ISO 11885, published April 1998
Determination of 33 elements by inductively coupled plasma-atomic emission spectrometry
                                              51


3.2.18 Chromium, total
DIN EN ISO 11885, published April 1998
Determination of 33 elements by inductively coupled plasma-atomic emission spectrometry
Alternatively:
DIN EN ISO 15586, published February 2004
Determination of trace elements using atomic absorption spectrometry with graphite furnace
Alternatively:
DIN EN ISO 17294-2, published February 2005
Application of inductively coupled plasma mass spectrometry (ICP-MS) - Part 2: Determination
of 62 elements

3.2.19 Molybdenum
DIN EN ISO 11885, published April 1998
Determination of 33 elements by inductively coupled plasma-atomic emission spectrometry

3.2.20 Antimony
DIN EN ISO 11885, published April 1998
Determination of 33 elements by inductively coupled plasma-atomic emission spectrometry
Alternatively:
DIN EN ISO 15586, published February 2004
Determination of trace elements using atomic absorption spectrometry with graphite furnace
Alternatively:
DIN 38405-32, published May 2000
Determination of antimony using atomic absorption spectrometry (D 32)
Alternatively:
DIN EN ISO 17294-2, published February 2005
Application of inductively coupled plasma mass spectrometry (ICP-MS) - Part 2: Determination
of 62 elements

3.2.21 Selenium
DIN EN ISO 11885, published April 1998
Determination of 33 elements by inductively coupled plasma-atomic emission spectrometry

3.2.2.2 Water-soluble component of dry residue in original substance determined through
dry filtrate residue in eluate
DIN 38409-H1-2, published January 1987
German standard methods for the examination of water, waste water and sludge; summary active
parameters and substance parameters (Group H); Determination of total dry residue, filtrate dry
residue and ignition residue (H 1)

3.3 Biological degradability of dry residue in original substance
3.3.1 Breathing activity, determined over the course of four days in laboratory testing
(AT4):


3.3.1.1 Test apparatus:
                                                52


AT4 shall be determined using a Sapromat, Respiromat or equivalent apparatus. All departures
from the method listed below shall be documented.

3.3.1.2 Temperature:
20 ± 1 °C in a temperature-controlled water bath or conditioned room.

3.3.1.3 Sample storage:
Sample preparation must be completed, and the test started, within 48 hours following sampling.
During this period, temperatures over 4°C are permissible for no more than 24 hours. If it is not
possible to ensure compliance with this procedure, the sample shall be frozen within 24 hours
after sampling, at -18 to -20 °C. Freezing of samples shall be documented in connection with
evaluation. Thawing of samples must be gentle, and must last no longer than 24 hours; during
thawing, the temperature must not exceed 20 °C.

3.3.1.4 Sample preparation:
The original sample, in its entirety, must be wet-crushed to a particle size equal to or less than
10°mm. If necessary, interfering substances (glass, stones and metals) may be discharged prior to
crushing. Their weight components must be taken into account in evaluation of the test.

3.3.1.5 Adjustment of the water content:
Moisten 300 g of the prepared sample with 300 ml of tap water and place the wet mixture in the
apparatus described in Figure 1. After covering and sealing, apply an underpressure of approx.
100,000 Pa (water jet vacuum) and maintain for a period of 30 minutes. Determine the volume of
the filtered-off water and subtract this from the added 300 ml of tap water. The amount of water
determined in this manner is to be added to that part of the sample placed in the test apparatus.
If the water content of the sample to be used is larger than the determined water content, transfer
the sample without further moistening into the apparatus described in Figure 1, expose it for 30
minutes to the underpressure in the suction filter and then place it in the test apparatus.
                                                 53


Translation:

[to the left, in the drawing]
Abdichtungsfolie = sealing foil
Alumiumplatte = aluminium plate
Abfallprobe = waste sample
Filterplatte (P1) = filter plate (P1)
Vakuumpumpe = vacuum pump
Saugflasche = suction beaker

[to the right]
Apparatus:
Suction beaker, vacuum-resistant, contents 1 to 2 litres,
with rubber cone
Filter, diameter 120 mm, filter plate (P1), contents 1 litre
Design with vertical side walls
Aluminium plate, diameter equal to internal diameter of filter
Vacuum pump and underpressure manometer

Figure 1: Apparatus for adjusting water content




3.3.1.6 Sample amount:
A 40 g sample, adjusted to the water content determined as described above, is to be used.

3.3.1.7 Number of parallel batches:
Samples are to be tested in three parallel batches.


3.3.1.8 Test duration and evaluation:
The evaluation period is four days and it begins following the initial time lag. The lag phase has
ended when the mean oxygen consumption, expressed as a three-hour mean, reaches 25% of the
value that results as the three-hour mean in the region of the largest increase in the oxygen
consumption within the first four days.
The weight of the oxygen consumed during the last phase is subtracted from the weight of the
oxygen consumed throughout the entire test (lag phase + four days) and it must not be more than
10% of the overall value. If this condition is not fulfilled, determination may not be carried out.
Measurements must be recorded on an hourly basis.
The analysis function and the three-hour means are shown by entering the test duration (in hours)
on the x-axis and the summed oxygen weights (in mg O2 per g dry weight) on the y-axis.

3.3.1.9 Listing of the result:
The result is listed with two significant places, in mg O2 per g dry weight. Both the mean and the
standard deviation are to be listed. If one of the values of the triple determination deviates from
the mean by more than 20%, then this value is to be discarded as an outlier. In such cases, the
new mean is then calculated from the two remaining values.
                                                 54



3.3.2 Gas formation (GB21) determined over the course of 21 days in laboratory testing:

3.3.2.1 General instructions:
The fermentation test is to be carried out on the basis of DIN 38414 Part 8, published June 1985,
German standardised procedures for testing of water, waste water and sludge; sludge and
sediments (Group S); determination of fermentation behaviour (S8) with modifications (see No.
3.3.2.4 - 3.3.2.11). All deviations from the method listed below are to be documented.

3.3.2.2 Set-up of apparatus for testing, and gas measurement:
For these measurements, an apparatus like that shown in Figure 2 is to be used. "It consists of an
eudiometer tube (B) that has a volume of 300 to 400 ml and is graduated from the upper part
down (scale graduation intervals of 5 ml) and that is placed on the storage bottle (A) (which has
a volume of about 500 ml) via a ground-glass connection. A connecting tube (C), which enables
the fermentation gas that has developed in the storage bottle to enter the measuring tube, passes
through the bottom of the eudiometer tube. The connecting tube is held in position (E) by glass
rods on four sides. The lower end of the eudiometer tube has a glass hose coupling from which a
sufficiently long hose connection (F) leads to a levelling bulb (G) made of glass or plastic
(volume of at least 750 ml). The upper end of the eudiometer tube is fitted with a conical
stopcock (H) for removal of gas samples and for adjusting the zero point (D)." [DIN 38414 Part
8, page 3, published June 1985]
"Sealing liquid: 30 ml sulphuric acid, H2SO4 (p = 1.84 g/ml), are added to 1 l of distilled water;
this mixture is warmed gently and 200 g of sodium sulphate(VI) decahydrate, Na2 SO4 * 10 H2O,
are dissolved in it. The solution is then coloured red-orange by adding several drops of a methyl
orange solution (0.1 g of methyl orange sodium salt, dissolved in 100 ml distilled water). The
sealing liquid is to be kept at room temperature. At low temperatures, sodium sulphate can
crystallise out, and must then be brought back into solution via warming of the mixture." [DIN
38414 Part 8, page 3, published June 1985]
"The storage bottle (A) is … filled with the listed …" amount of sample, inoculation sludge and
water"…; the air in the bottle is displaced with nitrogen and the eudiometer tube (B) is applied.
With the help of the levelling bulb (G), and the stopcock (H) of the eudiometer tube open, the
level of the sealing liquid is set to the 0 mark. During this process, under no circumstances may
sealing liquid ... flow over … into the connecting tube (C) and thus into ..." the sample space".
The levelling bulb should still be filled about one-quarter full. The stopcock (H) is then closed.
"The storage bottle (A) with the … "sample mixture" … is to be kept in the dark. The generated
volume of gas is then read off whenever the sealing liquid is at the same level as the eudiometer
tube and the levelling bulb, after the contents of the storage bottle (A) have been carefully
swirled." [DIN 38414 Part 8, page 5, published June 1985]
"Upon every readout of the gas volume in the eudiometer tube, the temperature and the air
pressure must be measured, to permit conversion of the gas volume to the standard state. The
level of the sealing liquid is set to 0 after each readout, or after several readouts - depending on
how much gas is generated - with the stopcock (H) open; in the process, air must not be sucked
in through the stopcock (H)." [DIN 38414 Part 8, page 5, published June 1985]
                                                       55




                                                            A   Standflasche mit Schlammprobe, Inhalt 500 ml
                                                            B   Eudiometerrohr, Inhalt 300 bis 400 ml, Durchmesser 30
                                                                bis 35 mm, Skalenteilungswert 5 ml
                                                            C   Verbindungsrohr, Durchmesser etwa 6 mm
                                                            D   Nullmarke
                                                            E   Haltestifte bzw. Abstandshalter oder Lochverbindung
                                                                zwischen Mantel des Eudiometerrohres und Verbindungs-
                                                                rohr
                                                            F   Schlauchverbindung
                                                            G   Niveaugefäß, Inhalt min. 750 ml,
                                                            H   Einweg-Kegelhahn, z. B. Küken




                     NS 45/40
                     nach DIN 12242 (Ausgabe Juli
                     1980) Laborgeräte aus Glas;
                     Kegelschliffe für austauschbare
                     Verbindungen, Maße, Toleranzen




   Figure 2: Test apparatus for determination of the fermentation behaviour of sludges
           in accordance with DIN 38414 Part 8, page 6 (published June 1985)

Translation:

[to the left, with the drawing]
Scale graduations 5 ml

NS 45/40
according to DIN 12242 (published in July 1980)
Laboratory apparatus made of glass;
Bevel cuts for replaceable connections, dimensions, tolerances

[to the right]
A Storage bottle with sludge sample, contents 500 ml
B Eudiometer tube, contents 300 to 400 ml, diameter 30 to 35 mm, scale graduations
5 ml
C Connecting tube, diameter approx. 6 mm
D Zero mark
E Holding pins or spacers or perforated connection between mantle of eudiometer tube
and connecting tube
F Connecting hose
G Levelling bulb, contents min. 750 ml
H One-way stopcock
                                                 56


Figure 2: Test apparatus for determination of the fermentation behaviour of
sludges in accordance with DIN 38414 Part 8, page 6 (published June 1985)



3.3.2.3 Temperature:
35 ± 1 °C in the temperature-controlled water bath or conditioned room [pursuant to DIN 38414
Part 8 (published June 1985)].

3.3.1.4 Sample storage:
Sample preparation must be completed, and the test started, within 48 hours following sampling.
During this period, temperatures over 4°°C are permissible for no more than 24 hours. If it is not
possible to ensure compliance with this procedure, the sample shall be frozen within 24 hours
after sampling, at -18 to -20 °C. Freezing of samples shall be documented in connection with
evaluation. Thawing of samples must be gentle, and must last no longer than 24 hours; during
thawing, the temperature must not exceed 35°°C.

3.3.2.5 Sample preparation:
The original sample, in its entirety, must be wet-crushed to a particle size equal to or less than
10°mm. If necessary, interfering substances (glass, stones and metals) may be discharged prior to
crushing. Their weight components must be taken into account in evaluation of the test.

3.3.2.6 Inoculation sludge:
"Digested sludge from a municipal waste water treatment facility that has not been subjected to
any measurable retardation during fermentation, and that has been kept for about one month
under the conditions described below, is suitable as inoculation sludge. The sludge must not
contain any coarse components and should develop a minimum amount of gas. It is useful to
keep a considerable volume (about 10 l) of the inoculation sludge, with about 5% dry residue,
under anaerobic conditions in the closed system at (35 ± 1) °C, in order to make it possible to
carry out a large number of tests simultaneously. In such cases, it must be ensured that the
surrounding temperature does not fluctuate widely (for example, by covering the apparatus with
a hood, etc.). A small percentage by volume (about 0.1%) of fermentable substances, in the form
of raw sludge may be added every two weeks to the inoculation sludge during further storage.
The raw sludge must be free of toxic substances and should not contain any coarse components.
After every such addition, the mixture should be thoroughly mixed. This inoculation sludge may
not be used for the test batch until one week after the last addition of raw sludge." [DIN 38414
Part 8, page 4, published June 1985]

3.3.2.7 Sample weight:
50 g of the prepared sample are used in the test apparatus. 50 ml of inoculation sludge are added
to the sample and then the batch is filled with tap water to a level of 300 ml.

3.3.2.8 Reference batch:
Micro-crystalline cellulose is used to control the gas formation of the inoculation sludge. For this
purpose, 50 ml of inoculation sludge are added to 1 g of cellulose, and the batch is filled with tap
water to a level of 300 ml. The reference batch may be stirred throughout the entire duration of
the test.
                                                           57


In the reference batch, a value of at least 400 Nl/kg must be reached; if this is not accomplished,
the results must be thrown out, and the test conditions and the inoculation sludge must be
checked.

3.3.2.9 pH value:
The pH value of the test batch must be measured at the beginning and end of the test.
If the pH value falls below 6.8 or exceeds 8.2, the measurement must not be counted. If the pH
value is too low or too high at the beginning of the test, and if the pH value is adjusted with an
alkalising agent (caustic soda solution or caustic potash solution), or with hydrochloric acid (in
order to lower the pH value), then this must be noted when the result is reported.

3.3.2.10 Number of parallel batches:
Samples are to be tested in three parallel batches.
Inoculation sludge and cellulose are to be tested in two parallel batches.

3.3.2.11 Test duration and evaluation:
Volumes of generated gas are measured by analogy with DIN 38414 Part 8, No. 10, published
June 1985.
For each batch, Table 1 provides the model for data collection and calculation. The following
equation is to be used to calculate the standard volume of the gas formed in the various
individual time frames:
           (P L  P W )  TO
VO  V 
                P T
                                 Formula 1 in accordance with DIN 38414 Part 8, page 8, published June 1985



VO      gas volume, in ml
V       volume of generated gas, in ml
PL      air pressure at the time of readout, in mbar
PW      vapour pressure of the water at the temperature of the surrounding room, in mbar
TO      standard temperature, TO = 273 K
PO      standard pressure, PO = 1 013 mbar
T       temperature of the gas or of the surrounding room, in K

                                           Table 1
Model for evaluation of tests [pursuant to DIN 38414 Part 8, p. 9, published June 1985]
    1        2                     3                  4                    5                  6                7
Date    Time                   Volume of         Temperature    Vapour pressure of the       Air         Standard
                               generated gas                              water
                                                      T                                  pressurePL      volume
                                   V                                      PW
                                                      K                                     mbar              VO
                                  ml                                     mbar
                                                                                                              Nml


The test log pursuant to Table 1 must be kept for every started mixture of the sample (VO ≡
VP), the reference batch (VO ≡ VR) and the inoculation sludge (VO ≡ VIS). The generated gas
                                                      58


volume is summed step-by-step in the readout sequence. Changes of the dead volume, due
to changes in the temperature and pressure conditions between the readouts, are
insignificant and thus may be neglected. (DIN 38414 Part 8, published June 1985). For the
purposes of further calculation, the gas volumes of the sample and of the inoculation sludge
(as the arithmetic mean of the double batch) are to be entered in Table 2. The net gas
volume (VN) of the sample is obtained, for equal test periods, as the difference between the
gas volumes of the sample and the arithmetic mean of the double batch for the inoculation
sludge. The specific gas formation VS of the sample during the test duration is calculated
step-by-step, from readout to readout, using the following equation:


VS 
       V   n    10²
        m  WT
                             Formula 2 in accordance with DIN 38414 Part 8, p. 8, published June 1985


    VS specific volume of gas generated during the test period, with respect to the dry weight, in
   l/kg
    ∑Vn-           net volume of gas generated during the test duration under consideration, in ml
    m weight of the weighed sample, in g,
   WT              dry weight of the sample, in %
                                                  59


                                          Table 2
Model for determination of gas formulation with respect to dry weight [pursuant to DIN
38414 Part 8, p. 10, published June 1985]

   1            2                     3                         4                          5
  Test   Sum of standard Proportional standard volume Net gas volume of the   Specific gas formation, with
duration    volumes          developed from the              sample            respect to the dry weight
                              inoculation sludge      (column 2 - column 3)                VS
               VP                     VIS                      VN                        Nl/kg
   d          Nml                    Nml                      Nml
The reference value for gas formation is the dry weight of the sample [Nl/kg TS].
The evaluation period lasts for 21 days and begins after the initial lag phase. The lag phase has
ended when the mean gas formation, expressed as a three-day mean, is 25% of the value that
results as the three-day mean in the region of largest increase in the gas formation function
within the first 21 days.
The volume of the gas formed during the lag phase is deducted from the volume of the gas
formed throughout the entire duration of the test (lag phase + 21 days), and it must not be greater
than 10% of the total value. If this condition is not met, the measurement must not be counted.
Daily readouts, for every working day, should be taken until the maximum gas formation rate
has been reached.
The analysis function and the three-day means are shown by entering the test duration (in days)
on the x-axis and the summed gas volumes (in Nl/kg dry weight) on the y-axis.

3.3.2.12 Listing of the result:
The result is listed, with two significant places, in Nl/kg of dry weight. Both the mean and the
standard deviation of the triple determination are to be listed. If one of the values of the triple
determination deviates from the mean by more than 20%, then this value is to be discarded as an
outlier. In such cases, the new mean is then calculated from the two remaining values.
The result for the reference batches must be listed.

4. Evaluation of measurements
For control analyses, compliance with classification values pursuant to Annex 3 point 2 of this
Ordinance is still considered determined if the deviations set out in the table are not exceeded by
the values of the basic characterisation and the median of all measurements has complied with
the corresponding classification criterion set for the landfill in the official decision pursuant to
Article 21 of this Ordinance.
                                                         60



       Parameter according to Annex 3 point 2         Maximum permissible deviation*)
       Ignition loss                                100%
       TOC                                          100%
       Calorific value (Ho)                         1 000 kJ/kg
       Other solids criteria                        in each case, 100%
       pH value                                     1.0 pH unit
       Eluate criteria                              in each case, 100%
       Other parameters:                            in each case, 100%
                Eluate criteria
                Total solids contents
       AT4 and GB21                                 in each case, 50%
     *) For parameters stated as percentages: relative possibility of deviation
As a deviation from sentence 1, for control analyses for mechanically and biologically
treated waste, the classification values are still deemed to be complied with for the
following parameters even when a parameter exceeds the particular classification value
listed below, if the relevant values were not exceeded by the percentile value P80 of all
measurements and the median of all measurements has complied with the corresponding
classification criterion set for the landfill in the official decision pursuant to Article 21 of
this Ordinance:
                  1.     TOC:          = 21 mass %
                  2.     DOC:          = 600 mg/l
                  3.     AT4 :         = 10 mg/g
                  4.     GB21:         = 30 l/kg
                  5.     Calorific value (Ho):    = 7 000 kJ/kg.

5. Promulgations of expert authorities
The expert authorities' promulgations listed in this Annex have been archived at the German
Patent Office in Munich. The following have been published:
    1. the ISO standards, EN standards and DIN standards, published by Beuth Verlag
       GmbH, Berlin.
    2. LAGA Guideline 32, LAGA PN 98 - Directive for the procedure in physical,
       chemical and biological investigations in connection with the utilization/disposal of
       waste, version 2002, Erich Schmidt Verlag, ISBN: 978-3-503-07037-4.
    3. LAGA Guideline 33, LAGA EW 98 - Directive for the procedure in physical and
       chemical investigations of waste, contaminated soils and material from the
       abandoned polluted areas - production and examination of aqueous eluates - Chapter
       5 Determination of elutability with aqueous media at constant pH value (short name
       EW 98 p), version 2002, Erich Schmidt Verlag, ISBN: 978-3-503-07038-1.
    4. LAGA Guideline 35, Determination of hydrocarbon content in waste - investigation
       and analysis strategy (short name KW/04), version: 16 November 2004, Erich
       Schmidt Verlag, ISBN: 978-3-503-08396-1.
    5. Manual on existing contamination (Handbuch Altlasten), vol.7: Analysis methods;
       Part 4 - Determination of BTEX/LHKW in solids on contaminated sites, published
       in 2000 by Hessische Landesanstalt für Umwelt und Geologie.
                                                 61




                                             Annex 5:

Information, documentation, controls, operation (referring to Article 4 sentence 1 point 2,
Articles 9, 10(2), Article 11(2), Article 12(1) to (3), Article 13(1) to (3) and (5), Article 17(2),
                                      Article 23 sentence 1)

1.     Information and documentation

1.1    Operating instructions
The operating instructions must contain the provisions necessary to ensure safe and proper
operation. They also apply to users of the landfill and must be visibly displayed at an appropriate
place within the entrance to the landfill.

1.2    Operating manual
The operating manual must determine:
   1. for application during normal operation, maintenance and for interruptions of operation
      the measures necessary for storing waste without adverse effects on public welfare and
      for landfill operating safety which must be reconciled with the alarm and emergency
      plans,
   2. measures pursuant to Article 12(4) which are to be performed when the trigger levels are
      exceeded,
   3. the tasks and areas of responsibility of the personnel, the work instructions, the inspection
      and maintenance measures as well as information, documentation and storage
      obligations.

1.3    Waste register
A class I, II or III landfill or landfill cell is to be subdivided into grid compartments which may
be not more than 2 500 square metres in surface area for waste of different compositions. In the
case of waste of homogeneous composition larger grid compartments are permissible. In the case
of a class IV landfill in a mine, the landfill or landfill cell must be subdivided into storage
chambers. In the case of a class IV landfill in a cavern, the landfill must be subdivided into grid
heights which may be not more than 10 m high in the case of waste of different compositions.
The operator must document in the waste register at least the following points regarding the
waste or landfill replacement construction materials stored in each grid or storage chamber:
        1. Weight, waste code and waste designation according to the Appendix to the Waste
             Catalogue Ordinance, waste origin,
        2. Site of deposition/emplacement (details of grid numbers or of storage chamber
             numbers),
        3. Nature of deposition/emplacement,
        4. Date of deposition/emplacement.

1.4    Operating journal
The operating journal must contain all the important data regarding the landfill, in particular the
following:

      1. waste register,
                                                  62


      2. basic characterisation of the delivered waste or landfill replacement construction
         materials and the set key parameters,
      3. protocols or declarations pursuant to Article 8(3),
      4. results of the control test pursuant to Article 8(5) and details of the measures taken
         when details of the waste or landfill replacement construction material do not match
         the basic characterisation,
      5. details of the nature, quantity and origin of rejected waste or landfill replacement
         construction materials,
      6. protocols for the official acceptance of the facilities necessary for landfill operation,
      7. special occurrences, particularly production disturbances, which may affect the normal
         disposal, including the possible causes and remedies undertaken,
      8. results of other system- and material-related inspections (internal and external
         inspections).

In fulfilment of the requirements in sentence 1 records and registers according to the Ordinance
on Waste Recovery and Disposal Records and records according to the Ordinance on Specialised
Waste Management Companies (Entsorgungsfachbetriebeverordnung) can be used if they
contain the necessary data. The operating journal is to be kept as a secure document. Inspection
by the competent authority must be allowed at any time.

2. Annual Report
The annual report consists of:
   1. master data (point 2.1)
   2. analysis of measurements and inspections and presentation of the results (point 2.2)
   3. declaration on landfill performance (point 2.3).

2.1 Master data
The master data are:
    1. name, address, telephone number, telefax number and email address of landfill, landfill
        operator, owner of the landfill (if different) and of contact as well as operator of ancillary
        plant at the landfill site,
    2. site designation of the landfill and the authorised catchment area,
    3. durations and capacities,
    4. approved types of waste with designation and waste code, also licensed landfill
        replacement construction materials where relevant,
    5. geological barrier and bottom liner and any technical repairs or vertical sealing where
        relevant,
    6. instances of use of landfill replacement construction materials,
    7. surface sealing, temporary covers and final covers implemented,
    8. leachate and surface water collection and treatment facilities,
    9. measuring points and measuring equipment according to 3.1,
    10. landfill gas collection and treatment or recovery installations,
    11. waste treatment installations and interim store,
    12. ancillary plant (e.g. flare stacks, combined heat and power plants),
    13. other infrastructural amenities (e.g. rail connection, vehicle weighbridge, tank system),
    14. brief description of granted, applied for and any planned licences for operating the
        landfill showing date and nature of decision,
    15. layout showing all the relevant monitoring equipment and the direction of groundwater
        flow.
The annual report has to contain master data according to sentence 1 points 1 to 15 for class 0, 1,
II and III landfills, according to sentence 1 points 1 to 5 and 9 (only groundwater measuring
                                                 63


points) and 13 to 15 for class IV landfills. In the event of changes since the previous year, only
the updated master data should be presented and otherwise reference can be made to the master
data in the previous year's report.

2.2 Analysis of measurements and inspections and presentation of the results
The operator of a class I, II or III landfill must analyse the data determined according to 3.2 and
Table 1, taking into account and presenting at least the following criteria and relationships
according to place, time and any storage methods:
   1. precipitation levels - leachate levels
   2. leachate quantity and composition including estimate of constituent quantities
   3. properties of groundwater - compliance with trigger levels
   4. characteristic cross-section profiles of the landfill with the current and permitted
       construction heights and the previous year's heights - determination of remaining volume
   5. temperature profiles at the base
   6. subsidence, deformation and gradients of drainage pipes at the landfill base
   7. subsidence and rate of subsidence of the landfill surface and of the landfill body where
       relevant
   8. collected quantities of gas and qualities
   9. measurements with the flame ionisation detector (FID) or by laser absorption
       spectrometry
   10. results of camera shots within leachate pipes and shafts.

Sentence 1 applies to the operator of a class 0 or IV landfill on condition that only the criteria
and relationships according to point 3 should be taken into account and presented.
Regarding data analysis, the recorded landfill characteristics over time from the start of the
operating phase, but at least for the last six years, are to be presented and compared against the
assumptions which were made in the licence which was granted pursuant to the waste legislation.

2.3 Declaration concerning landfill performance
The landfill operator must assess the state of the landfill based on the criteria and relationships
analysed in 2.2 and declare that the landfill is in a state according to plan. Otherwise he must
state whether and which measures are necessary or have already been instigated or completed.

3.       Measuring equipment, measurements and inspections
3.1      Measuring equipment
The operator of a class 0, I, II or III landfill must manufacture and maintain the working order of
at least the measuring equipment necessary for the measurements and inspections listed in points
1 to 6 and the operator of a class IV landfill only for the measurements and inspections listed in
point 1, or they must ensure such data are provided:

   1. Groundwater monitoring with at least one measuring point in the incoming groundwater
      flow and a sufficient number of measuring points, with at least two, in the groundwater
      outflow from the landfill; the groundwater measuring points must deliver information on
      the body of groundwater which could be adversely affected by the depositing of waste.
   2. Monitoring of subsidence and deformation of the landfill sealing systems required
      pursuant to Annex 1.
   3. Monitoring of subsidence and deformation as well as use of the landfill capacity. Data
      from the analysis of flight or satellite monitoring can also be used.
   4. The quantity and quality of leachate and other waste water (surface water) originating
      from the surface that is collected in a drainage layer as per Annex 1. If the assessment of
                                                  64


         the quantities of surface water entails undue effort, approval may be sought from the
         competent authority to dispense with this.
      5. Recording of the following meteorological data:
         a) Precipitation,
         b) Temperature,
         c) Wind direction and speed,
         d) Evaporation.
         It is possible to use data recorded by meteorological stations at a comparable site in the
         proximity.
      6. Monitoring of landfill gas and emissions thereof subject to point 7.

      If, based on Regulation (EC) No. 166/2006 of the European Parliament and of the Council of
      18 January 2006 concerning the establishment of a European Pollutant Release and Transfer
      Register and amending Council Directives 91/689/EEC and 96/61/EC (OJ EU No L 33, p. 1),
      an emissions declaration is to be delivered concerning the emissions of pollutants by the
      landfill, and the emissions have been determined on the basis of measurements, the landfill
      operator must consider this when establishing and complying with the conditions set forth in
      sentence 1.

3.2      Measurement and inspection programme
The operator of a class 0, I, II or III landfill must comply with, and insist on compliance with, the
inspections and measurements mentioned in Tables No. 1 to 5, and the operator of a class IV
landfill must comply with those mentioned in Tables No. 3 and 6 at the intervals mentioned
therein where such measurements and inspections are stipulated in this Ordinance. Persons
commissioned to perform the inspections and measurements must possess the necessary
expertise.
                                                        65


                                                      Table

      No.             Measurement/Inspection                               Frequency/Representation
                                                          Storage and                 Aftercare phase
                                                          decommissioning
                                                          phase
1              Meteorological data
1.1            Precipitation quantity                     daily, as a daily total     daily, totalled to monthly
                                                                                      figures
1.2            Temperature (min., max., at 14.00          daily                       monthly average
               hours CET/15.00 hours CEST)
1.3            Prevailing wind direction and speed        daily                       not required
1.4            Evaporation                                daily                       daily, totalled to monthly
                                                                                      figures
2              Emission data
2.1                                                       daily, as a daily total     half-yearly
               Leachate quantity
2.2            Composition of leachate(1)                 quarterly(2)                half-yearly(2)
2.3            Quantity and composition of surface        quarterly(2)                half-yearly(2)
               water(1)
2.4            Actively collected gas volume and          daily gas volume, as a      Weekly gas volume, as a half-
               composition (CH4, CO2, other main          daily total; composition    yearly total; composition one
               constituents, selected trace gases)        once a month; selected      each half-year(2)
                                                          trace gases once each
                                                          half-year(2)
2.5            Degasification efficiency checks(3)        weekly or half-yearly       half-yearly
2.6            Odours                                     when there are problems     when there are problems with
                                                          with odour                  odour
3              Groundwater data
3.1            Groundwater levels                         half-yearly(4)              half-yearly(4)
3.2            Groundwater properties/inspection of                                   half-yearly(2)
               trigger levels(5)                          quarterly  (2)


4              Data on the landfill body
4.1            Measurements of subsidence and             annually                    annually(2)
               stability tests(6) (7)
5              Sealing systems
5.1            Deformation of the bottom liner            annually                    annually(2)
               system(7) (8)
5.2            Tests on the drainage pipes and            annually(2)                 annually(2)
               associated shafts using moving
               cameras
5.3            Temperatures in the landfill bottom        site-specific intervals     site-specific intervals
               liner system(9)
5.4                                                       annually                    annually(2)
5.5             Seal control system                       quarterly                   quarterly
6               Underground landfill
                Elevation of the upper edge of the        not relevant                annually(10)
                blocking column according to Annex 2
                point 3.2
 1.     The parameters being measured must be stipulated in the landfill licence. Apart from the frequency of
        inspections, the LAGA Guideline 28 on technical rules for the monitoring of groundwater, leachate and
        surface water as well as above-ground waters in the case of waste disposal installations - WÜ 98 Part 1:
        Landfills (version 1999 - with editorial changes made in February 2008), Erich Schmidt Verlag, Berlin,
        ISBN 978-3-503-05094-9 should be noted.
                                                          66


     2. Where the analysis of the data indicates low fluctuations in the measured results, the intervals between
         measurements may be extended subject to permission from the competent authority.
     3. The landfill operator must perform organoleptic inspections weekly at any landfill cells which are still
         exposed. At landfills or landfill cells temporarily or finally covered or sealed, the operator must check the
         effectiveness of any degasification or residual gas oxidation installed every half-year by measuring using a
         flame ionisation detector, laser absorption spectroscopy or by other equivalent methods at the surface of the
         landfill and at gas levels in the local landfill environment.
     4. Measurements must be taken more frequently in places where the water table fluctuates greatly.
     5. A baseline measurement must be made before commencing the disposal phase which includes at least the
         parameters of the leachate expected. Thereafter the parameters to be measured will result on the basis of the
         composition of the leachate and the groundwater quality. The LAGA Guideline 28 on technical rules for
         the monitoring of groundwater, leachate and surface water as well as above-ground waters in the case of
         waste disposal facilities - WÜ 98 Part 1: Landfills (version 1999 - with editorial changes made in February
         2008), Erich Schmidt Verlag, Berlin, ISBN 978-3-50305094-05094-9 should be noted.
     6. Measurements of subsidence are to be made at representative sections through the landfill.
     7. The results of the measurements must also be suitable for comparison when the method of measurement is
         changed and should be able to be depicted as time series of contours. Where there are more significant
         deviations from the predictions of subsidence, the reasons must be clarified and the forecasts adjusted.
     8. Surveys of the heights of leachate pipes in the drainage system or in pipes laid specially for this purpose.
     9. Continuous temperature profiles of the pipework material measured at the top point of the leachate
         pipework; up to 5 m cover every six months, thereafter only in the case of events giving rise to a significant
         heating of the landfill body such as fires or ventilation of the landfill.
     10. After 20 years without conspicuous findings it is sufficient to carry out five-yearly inspections.

4.       Storage of waste in class 0, I, II or III landfills
As a minimum, the operator of a class 0, I, II or III landfill must ensure the following:
   1. Waste or landfill replacement construction materials which generate significant
         amounts of dust must be handled in such a way that they do not emit any significant
         emissions. The VDI Guideline, VDI 3790 sheet 2, published December 2000,
         Environmental meteorology – Emission of gases, odours and dusts from diffuse sources
         – landfills, Beuth Verlag GmbH, Berlin, must be observed.
   2. Unpackaged waste containing hazardous mineral fibres must be sprinkled adequately
         before the fibres can disperse. These must be covered with suitable materials before any
         compaction, and at least every working day.
   3. Packed asbestos-containing waste and packed waste containing hazardous mineral
         fibres must be covered with suitable materials before any compacting, but at least once
         a week.
   4. The landfill must be constructed so that no adverse reactions can take place between the
         waste and the landfill replacement construction materials or with the leachate. In
         particular, precautions should be taken so that the development of temperature in the
         landfill body does not result in adverse effects on the technical facilities of the landfill.
         If necessary, zones should be set up for separate drainage or degasification if they give
         cause for concern about reactions as per sentence 1.
   5. If highly viscous, turbid or pulpy waste is deposited, care should be taken that the waste
         is drained, consolidated or compacted so that there is no concern about the stability of
         the landfill body, in view of the landfill construction.
   6. The waste or landfill replacement construction materials must be placed in the landfill
         so as to minimise voids. The emplacement must be done such that in the long term only
         slight subsidence of the landfill body is to be expected.
   7. The landfill body must be stable itself as well as in relation to its surroundings at all
         stages of filling. For this, the landfill operator must keep records of stability. If the
         stability of sealing components is based on the impact of construction materials that are
         not sufficiently durable, records must also reveal the duration of the evidenced stability.
                                                  67


         The accuracy of the planning assumptions, particularly the waste characteristics, for the
         proof of stability is to be verified regularly.

5.     Storage of waste in a class IV landfill
As a minimum, the operator of a class IV landfill must ensure the following:
   1. Waste which generates dust must be handled and stored in such a way that it does not
         release any emissions.
   2. If waste is moved into the landfilling area in a state in which it can be pumped, it
         should be treated so that it reaches the necessary final consistency after landfilling.
   3. Suitable precautions must be taken to prevent the filling pipe from becoming clogged
         so as to guarantee conveyor operation without disruptions.
   4. After being deposited, different types of waste must not react to one another. If
         reactions are possible or cannot be excluded, the different types of waste must either be
         deposited in separate cavities or separate compartments must be constructed within the
         cavities. This also applies to waste stored in bins.

6.     Leachate
If a drainage layer is constructed as per Annex 1 point 2.2 Table 1 no. 4, the operator of the
landfill must collect the leachate and inspect it as defined in point 3.2 Table no. 2.1 and 2.2.
Collected leachate and any residues from cleaning leachate must be disposed of properly
observing Annex 51 of the Waste Water Ordinance where it is not infiltrated into the landfill
body pursuant to Article 26(4).

7.     Landfill gas
If biodegradation processes lead to the generation of landfill gas in relevant quantities, the
operator of a class I, II or III landfill must collect and treat this gas during the disposal phase and
if possible must recover the energy. The collection, handling and recovery of landfill gas is to
take place according to the state of the art. The quantity and quality of the landfill gas are to be
tested as per point 3.2 Table 2.4. Deviating from sentence 1, the operator may waive collecting
low residual emissions of landfill gas subject to consent from the competent authority. In this
case he must furnish proof to the competent authority that the methane contained in the landfill
gas is largely oxidised before it gets into the atmosphere.

8.     Nuisances and hazards
The landfill operator must take measures to minimise the following nuisances and hazards
caused by the landfill:
   1. odour and dust emissions,
   2. fires,
   3. formation of aerosols,
   4. birds, pests, insects,
   5. noise and traffic.
The landfill must be operated so as to avoid soiling public roads and the surrounding areas.
However, should there be soiling despite this, the landfill operator must have it cleaned up
without delay.

9.     Training courses for management staff
Training courses for management staff must convey knowledge of the following topics at least:
   1. the provisions of waste legislation and of the other environmental legislation applying to
       the waste management activities,
   2. constructing, operating, decommissioning and aftercare of the landfill,
                                                 68


      3. environmental impact and other risks and nuisances that may emanate from landfills and
         measures for their prevention or removal,
      4. the nature and characteristics of waste,
      5. references to the law on hazardous goods,
      6. the rules on corporate liability, and
      7. occupational health and safety.

10.      Criteria for identifying the end of the aftercare phase
The identification of the end of the aftercare phase should be based, in particular, on the
following criteria, depending on the particular class of landfill:

      1. Conversion or reaction processes and biodegradation processes have largely ceased.
      2. There is no formation of gas or the level of gas formation has dwindled so far that active
         degasification is no longer necessary and any emergent residual gas is sufficiently
         oxidised while hazardous effects on the environment through gas migration can be
         excluded. Proof must be furnished of adequate methane oxidation of the residual gas.
      3. Subsidence has reduced to the degree that future damage to the surface sealing system
         caused by subsidence can be excluded. This entails evaluating the subsidence rates of the
         past 10 years.
      4. The surface sealing system is in a functioning and stable state which cannot be adversely
         affected by the current or planned utilisation; it must be ensured that this is also
         guaranteed in case of changes of use.
      5. The landfill overall is permanently stable.
      6. It is no longer necessary to maintain structural or technical facilities; any necessary
         reinstatement has already taken place.
      7. The leachate piped into a surface water course complies with the concentrations as per
         Annex 51, sections C(1) and D(1) of the Waste Water Ordinance without being treated,
         or the annual load of a relevant pollutant which is discharged with the leachate into a
         surface water course does not exceed the product of the permitted concentrations in
         Annex 51, sections C(1) and D(1) of the Waste Water Ordinance multiplied by 20% of
         the long-term average precipation, related to the landfill area.
      8. The leachate escaping into the subsoil does not cause the trigger levels to be exceeded,
         and there is no concern that this could happen in future.
      9. If asbestos-containing waste and waste containing hazardous mineral fibres has been
         deposited in the landfill, suitable measures must be taken to avoid it coming into contact
         with human beings.

11.       Promulgations of expert authorities
The expert authorities' promulgations listed in this Annex have been archived at the German
Patent Office in Munich.



                                              Article 2

  Ordinance implementing 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
                  (Gewinnungsabfallverordnung – GewinnungsAbfV)

                                                 §1
                                                     69


                                           Scope of application

(1)     This Ordinance applies to
      1. the construction, operation, decommissioning and aftercare of a disposal facility for
         waste from extraction activities in plants that are not subject to mining supervision,
      2. the storage and depositing of waste from extraction activities for disposal purposes, and
      3. the recovery of waste from extraction activities for construction and remediation
         purposes in excavation operations.

(2)        This Ordinance applies to
      1.   producers of waste from extraction activities, and
      2.   operators of disposal facilities for waste from extraction activities.

(3)        This Ordinance does not apply to
      1. disposal facilities for waste from extraction activities,
         a) which were decommissioned before 1 May 2008, or
         b) in which waste from extraction activities ceased being accepted before 1 May 2006,
            which were in the decommissioning phase on 1 May 2008 and which will be finally
            decommissioned by 31 December 2010 at the latest,
      2. the depositing of waste from extraction activities in facilities for temporary storage
         provided this concerns
        a) hazardous waste occurring unexpectedly which is to be stored for not longer than six
            months,
        b) non-hazardous waste with the exception of inert waste, which is to be stored for not
            longer than one year,
        c) non-hazardous waste arising during prospecting which is to be stored for not longer
            than three years,
        d) waste from the extraction, treatment and storage of turf which is to be stored for not
            longer than three years, or
        e) inert waste and uncontaminated soil which is to be stored for not longer than three
            years.

                                                    §2
                                                Definitions

The following definitions apply within this Ordinance:
   1. Extraction waste:
       Waste which occurs directly during exploration, extraction and treatment as well as
       during the associated storage of mineral resources.
   2. Disposal facility for extraction waste:
       A facility for the temporary storage or permanent depositing at which only extraction
       waste is stored or deposited for the purpose of disposal.
   3. Category A facility:
       Disposal facility for extraction waste which is classified as such according to the criteria
       stated 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 extractive industries and
       amending Directive 2004/35/EC (OJ EU No L 102, p. 15).

                                                  §3
                       Installation, operation, decommissioning and aftercare
                                                 70


A disposal facility for extraction waste must be installed, operated, decommissioned and
subjected to aftercare so as to have no adverse impact on public welfare. This is to be ensured by
selecting a suitable site and taking appropriate measures to protect the soils and groundwater in
accordance with the state of the art. For this purpose the criteria according to Annex 1 of the
Landfill Ordinance of … [insert: execution date and source of Article 1 of this Ordinance] may
be applied, taking into account the potential hazards and types of facility. With regard to the
other requirements for ensuring there is no adverse impact on public welfare pursuant to Article
10(4) of the Closed Substance Cycle and Waste Management Act by the facility, Article 3(3),
Article 4, Article 7(1), Articles 8, 9, 11, 12 and 13 of the Landfill Ordinance apply mutatis
mutandis.

                                                §4
                                         Proof of stability

If the producer of extraction waste uses the waste for building or remediation purposes in
excavation operations, he must undertake appropriate measures by which
     1. the stability of the extraction waste at the site of use is guaranteed,
     2. contamination of the water and soil is prevented, and
     3. proper application is kept under scrutiny.

                                             §5
                                    Waste management plan

The producer of extraction waste must make a waste management plan as per Annex 1 for the
disposal of extraction waste and notify it in good time through submission to the competent
authority, at the latest two weeks before commencing operation. He must check and revise the
waste management plan every five years should the operation of the facility, the storage
procedure or the extraction waste have changed substantially. All adjustments as per sentence 2
must be notified to the competent authority.

                                              §6
                          Avoidance of serious accidents, information

(1)     Before putting a facility into operation, the operator of a category A facility must prepare
a written concept on the prevention of major accidents which includes the factors according to
Annex I section 1 of Directive 2006/21/EC. He must introduce a safety management system in
implementing the concept. The concept is to be checked every three years and brought up to date
if necessary. The concept is to be held available for inspection by the competent authority at all
times.

(2)     Before putting a category A facility into operation, the operator must prepare an internal
emergency plan which complies with the information as per Annex I section 2 of Directive
2006/21/EC. He must check the internal emergency plan every three years. If such checks reveal
that there may be substantial effects regarding the measures for the avoidance of major accidents,
the operator must update the internal emergency plan without delay. He must notify the
employees before they commence employment and thereafter at regular intervals of the rules
contained in the emergency plans and listen to their comments.

(3)     The operator of a category A facility must appoint a waste officer who will monitor in
particular the proper implementation, verification and updating of the concept as per paragraph 1
and the drafting and updating of the emergency planning and familiarisation of employees as per
paragraph 2.
                                                 71



(4)     If a category A facility may have substantial effects in another country if another country,
which may possibly be substantially affected by such effects, so requests, the competent
authority must notify the authorities named by the other country at the same time and to the same
extent as the authorities which are to be involved pursuant to Article 73(2) of the Administrative
Procedures Act.

(5)    The operator of a category A facility must make the information as per paragraph 2
accessible to the competent authority for the preparation of external emergency plans.

(6)     In the case of a major accident the operator of a category A facility must immediately
provide the competent authority with all necessary information to minimise the consequences of
the accident for public welfare.

                                                §7
                                       Provision of security

Before commencement of the storage or disposal phase the operator of a category A facility must
furnish the competent authority with security for satisfaction of the requirements or conditions
imposed with the operating licence. The competent authority may require collateral for
extraction waste from the operator of a category A disposal facility if there is concern that the
requirements and conditions for recultivation of the facility ordered with the operating licence
may not be fulfilled. Article 18 of the Landfill Ordinance applies mutatis mutandis.

                                               §8
                                     Application, notification

(1)     The operator must submit a written application to the competent authority for the
installation and operation as well as for a significant modification to the operation of a disposal
facility for extraction waste. The application must contain the waste management plan.
Otherwise Article 19(1) of the Landfill Ordinance applies mutatis mutandis to the scope of the
information and documentation.

(2)     The operator must notify the competent authority in writing of the decommissioning of
the disposal facility for extraction waste at least one year prior to the intended end of the storage
and deposition phase. Sentences 1, 4 and 5 of Article 19(1) of the Landfill Ordinance apply
mutatis mutandis to the notification, but are restricted to the information relating to the
decommissioning.

(3)      The competent authority must verify decisions concerning the installation, operation or
decommissioning of a disposal facility for extraction waste every four years as to whether further
restrictions, conditions or time limits have to be arranged or amended in order to comply with the
state of the art.

                                              §9
                                Breaches of administrative rules

Within the meaning of Article 61(1)(5) of the Closed Substance Cycle and Waste Management
Act a party breaches administrative rules which acts intentionally or negligently
   1. in not taking an action or not taking it punctually contrary to Article 4(1) or (2),
   2. in not verifying or not verifying punctually the waste management plan or not adapting it
       punctually contrary to Article 5(2),
                                                72


   3. in not preparing an internal emergency plan or not preparing it correctly, completely or
      punctually or not punctually updating it contrary to sentence 1 or sentence 3 of Article
      6(2),
   4. in not providing information or not providing it correctly, completely or punctually
      contrary to Article 6(6).

                                              § 10
                                     Transitional provisions

Disposal installations for extraction waste that were licensed on 1 May 2008 or were already in
operation on that date must comply with the requirements pursuant to Articles 3 to 6 by
1 May 2012 and the requirements pursuant to Article 7 by 1 May 2014.


                                            Annex 1:

                         Waste management plan (referring to Article 5)

1. The generator of waste from extraction activities must draw up the waste management plan
   for the disposal of waste from extraction activities taking account of the sustainability
   principle and the goals set out in point 2. The plan must contain a description of all important
   aspects of the occurrence and disposal of waste from extraction activities and the envisaged
   precautions and measures for protection of the environment and human health. If the
   information required for preparation of the waste management plan is part of a excavation
   permit, other official processes or other documents based on legal regulations, reference may
   be made to them in the waste management plan.
2. The aims of the waste management plan are to minimise the generation of waste and the
   potential pollution, to promote the recovery of waste from extraction activities and to ensure
   proper disposal. For this purpose the disposal of waste should already be considered at the
   planning stage and when selecting the extraction and treatment process, as well as the
   impact on the surface, the filling of excavations and the use of less polluting substances
   during treatment.
3. A concept has to be chosen as early as at the planning stage for disposing of the waste from
   extraction activities, which
    a) prevents negative long-term effects of the disposal facility for waste from extraction
        activities, or at least reduces them as much as possible,
    b) ensures geotechnical stability of the facility up to the end of the aftercare phase,
    c) as far as possible renders aftercare of the decommissioned facility unnecessary.
4. As a minimum, the waste management plan must include:
    a) characterisation of the waste from extraction activities according to Annex II of Directive
        2006/21/EC and the total waste from extraction activities likely to be produced during
        the operating phase,
    b) the processes which generate this waste and any after-treatment to which it is subjected,
    c) information on the site of the disposal facility for waste from extraction activities and a
        survey of the characteristics of the surface of the land affected by the facility,
    d) a description of possible adverse effects on the environment and human health by the
        storage of waste from extraction activities and precautions to be taken to minimise the
        environmental impact, particularly through contaminated water, leachate, wind and water
        erosion, both during operation and after decommissioning, taking account of the
        geological, hydrological and hydrogeological, seismic and geotechnological situation of
        the site of the facility,
                                                 73


     e) the measures to protect watercourses, the soil and the air, particularly by monitoring the
        physical and chemical stability of the facility, for example by means of constantly
        deployment-ready measuring and monitoring apparatus, and regular cleaning of overflow
        channels and ditches,
     f) inspection and monitoring activities by competent persons,
     g) the decommissioning concept, including restoration, aftercare and monitoring,
     h) classification of the facility according to the criteria in Annex III of Directive
        2006/21/EC including the necessary information concerning the facts and reasons
        governing the classification,
     i) precautions and measures to limit serious accidents, including the information necessary
        for drawing up internal emergency plans according to Article 6 for facilities in category
        A,
     j) an estimate of the possible risks through accidents at facilities not classified in category
        A.



                                              Article 3

                           Amendment of the Waste Water Ordinance

Article A in Annex 51 of the Waste Water Ordinance in the version of the promulgation of
17 June 2004 (Federal Law Gazette I, pp. 1108, 2625), which has been amended by Article 1 of
the Ordinance of 19 October 2007 (Federal Law Gazette I, p. 2461), is as follows:

"A      Scope of application

This Annex applies to waste water whose pollutant content mainly originates from the surface
depositing of waste.
This Annex does not apply to waste water originating from landfills that have been released from
aftercare pursuant to Article 11 of the Landfill Ordinance of … [insert: execution date and
source of Article 1 of this Ordinance]."
                                                74


                                             Article 4

   Amendment to the Ordinance on Installations for the Biological Treatment of Waste

The Ordinance on Installations for the Biological Treatment of Waste of 20 February 2001
(Federal Law Gazette I, p. 317) is amended as follows:

1.    In sentence 1 of Article 1(1) the words "within the meaning of Article 2(1) and (2) of the
Waste Storage Ordinance" are deleted.

2.     In Article 16 the words "Annex 4 point 2.5 of the Ordinance concerning the
environmentally compatible disposal of municipal waste of 20 February 2001 (Federal Law
Gazette I, p. 305)" are replaced by the words "Annex 4 point 3.3.1 of the Landfill Ordinance of
… [insert: execution date and source of Article 1 of this Ordinance]".


                                           Article 5
                                  Entry into force, abrogation

This Ordinance shall enter into force on [insert: date of the first day of the third month following
its promulgation]. Simultaneously the following shall cease to be valid:
     1. the Landfill Ordinance of 24 July 2002 (Federal Law Gazette I, p. 2807), as last amended
        by Article 2 of the Ordinance of 13 December 2006 (Federal Law Gazette I, p. 2860),
     2. the Waste Storage Ordinance of 20 February 2001 (Federal Law Gazette I, p. 305), as last
        amended by Article 1 of the Ordinance of 13 December 2006 (Federal Law Gazette I,
        p. 2860),
     3. the Ordinance of 25 July 2005 (Federal Law Gazette I, p. 2252), as last amended by
        Article 3 of the Ordinance of 13 December 2006 (Federal Law Gazette I, p. 2860).


Approved by the Bundesrat.

Berlin, [date]

                                     The Federal Chancellor

                                       The Federal Minister

                  for the Environment, Nature Conservation and Nuclear Safety
                                                 75




                                      Statement of Grounds
           for the Ordinance on the Simplification of Waste Disposal Regulations


I. General section
A. Problem and objective

With Council Directive 1999/31/EC of 26 April 1999 the European Community has adopted
substantive and procedural rules through which the possible negative impact of depositing waste
is to be avoided or lessened. The Directive had to be transposed into national law by
16 July 2001 at the latest.

The landfill waste acceptance procedure was set out in detail in Council Decision 2003/33/EC of
19 December 2002. The criteria stipulated in this Decision had to be applied in Member States
by 16 July 2005 at the latest.
Pursuant to Regulation (EC) No. 850/2004 of the European Parliament and of the Council of 29
April 2004 on persistent organic pollutants and amending Directive 79/117/EEC (EU POP
Regulation), waste containing persistent organic pollutants may only be deposited in landfills
under certain conditions. The Regulation came into force on 20 May 2004.
The European legislators reacted to recent disasters in metal ore mining industry in 1998 and
2000 with Directive 2006/21/EC of the European Parliament and of the Council of 15 March
2006. In consequence, Directive 2006/21/EC provides for a stringent set of regulations which
take into account transboundary aspects relating to the removal and, to a limited extent, the
recovery of waste occurring during prospecting, extraction, treatment and storage. Its scope also
covers enterprises not subject to mining law. Directive 2006/21/EC was to be transposed into
German law by 1 May 2008.
Apart from the stipulations in Directive 2006/21/EC, the aforementioned European regulations
have been implemented by the Landfill Ordinance, Waste Storage Ordinance and Ordinance
pertaining to the Recovery of Waste at Landfills, which have in turn incorporated, as regulations,
substantive requirements from the technical guideline on waste (TA Abfall) as well as municipal
waste (TA Siedlungsabfall). In their complex interaction, these regulations in conjunction with
the requirements of the initial general administrative regulations on the protection of
groundwater present a regulatory system which demands a high level of understanding of the
technical and legal material. In view of this, the Bundesrat in a Decision in respect of the
approval of the Landfill Ordinance in 2002 has requested the Federal Government to submit a
new Landfill Ordinance codifying the law on landfills.


B. Solution
The Federal Government intends to codify its regulations relating to landfills. In doing so, it
intends not only to merge the existing regulations, but considers it advisable to examine the
depth of regulation, isolate and clarify the requirements, open up areas where advisable and
justified and thereby not only retain the state of the art already attained but provide new stimuli
for its further development. By updating the legislation on landfills it is intended to permit faster
licensing procedures combined with releasing administrative manpower to cope with other tasks.
This will require that the provisions of the Waste Storage Ordinance and Ordinance pertaining to
the Recovery of Waste at Surface Landfills are integrated into the Landfill Ordinance as well as
                                                76


being updated. Because of the large number of amendments to the Landfill Ordinance that are
connected with the new provisions, the Landfill Ordinance is to be promulgated anew.
For enterprises which do not come within the scope of the Federal Mining Act, moreover, the
corresponding requirements of Directive 2006/21/EC are to be established with legally binding
effect.
For the Federal Government, this Ordinance represents an important instrument of deregulation
and increased flexibility of landfill law. In order to bring about adoption of the new provisions
for the normal audience as soon as possible, the Ordinance will not yet be based on the new
provisions of the Environmental Code, which is not expected to come into force before 2010.
However, through Article 95 of the planned introductory act to the Environmental Code it is to
be ensured that the Ordinance shall henceforth apply as an Ordinance pursuant to the
Environmental Code.
Articles 3, 7, 12, 32, 34, 36c, 52, 54 and 57 in conjunction with Article 59 of the Closed
Substance Cycle and Waste Management Act, Article 7 of the Federal Pollution Control Act as
well as Article 7a of the Water Management Act are therefore used as statutory authority. The
restrictions to the scope of application under § 2(2) of the Closed Substance Cycle and Waste
Management Act as well as § 2(2) of the Federal Pollution Control Act must therefore be
observed in respect of the scope of the Ordinance. These provisions empower the Federal
Government or Federal Ministry of the Environment, Nature Conservation and Nuclear Safety to
set the requirements which describe the state of landfill technology. This legal mandate is
embodied by the present Ordinance in various Articles.


C. Alternatives
Adoption of an Ordinance to implement Directive 2006/21/EC and retention of the existing
landfill law to include six separate regulations. For normal audiences this alternative represents a
highly intense, labour-intensive option which hinders rapid decisions.


D. Gender mainstreaming

There is no impact on gender equality policy. The Ordinance offers no basis for concealed
               disadvantage, lack of participation or the consolidation of traditional roles.


E. Costs and price impact
E.1 Administrative costs
There is less pressure on the Federal Government, Länder and local authorities from Article 1
because of the increased flexibility of requirements, particularly regarding monitoring by
authorities and the individual stages of licensing; however, such reductions in pressure cannot be
measured.
In so far as the Federal Government, Länder and local authorities operate landfills, Article 1
provides for particular relief in the context of waste acceptance procedures and decommissioning
of landfills. These reductions in pressure can also not be measured in the case of the individual
landfill operator, but nationally they are more likely to seem negligible when compared with the
entire costs of administration.
To the extent that the Federal Government, Länder and local authorities are generators of waste,
they must observe modified requirements for the basic characterisation and monitoring of waste,
which are more specific than current law. Nonetheless these requirements actually already ensure
                                                  77


from the fundamental obligations and principles of the Closed Substance Cycle and Waste
Management Act and are only specified in more detail through the Ordinance. Otherwise the
requirements are prescribed in the Council Decision 2003/33/EC, and these are transposed
directly without any increased stringency into national law. The burdens cannot be totally
excluded, but is likely to be only marginal.
The Federal Government, Länder and local authorities are only exposed to additional pressure by
Articles 2 and 3 of the Ordinance in so far as they need to check the waste management plans
that have to be submitted by enterprises. Nonetheless they are able to compensate for this
through charges.
No pressure is put on the Federal Government, Länder or local authorities by Article 4 of the
Ordinance.


E.2 Impact on prices
Article 1 of the Ordinance will have no impact on individual prices, because all the main
substantive requirements of landfills have already been prescribed in the valid landfill law and
the savings achieved with the most flexible waste acceptance procedure and decommissioning
procedure are viewed as negligible by comparison with the specific overall costs. In the event
that waste producers now have to observe more concrete stipulations regarding basic
characterisation and the monitoring of waste, these already constitute fundamental obligations in
current law. Compensation for this is provided in the reduced requirements on the scope of
analysis. There are thus no effects to be expected on individual prices. For this reason no effects
are to be expected on price levels and consumer price levels resulting from Article 1.
Whether as a result of the new presentation of technical safety, procedural law and organisational
provisions Articles 2 and 3 will exceed cost thresholds relevant to individual prices among
standard audiences, leading to higher offered prices for them, and whether the standard
audiences will make full use of the possibilities of passing on the costs as a factor of the concrete
competition situation on their market segments is impossible to gauge, although it cannot be
excluded. At the same time the possible slight changes among individual prices are not likely to
be sufficient, because of their low weighting, to bring about measurable effects on the general
prices or consumer price levels.
Article 4 does not contain any new substantive or organisational prescriptions. For this reason no
effects are to be expected on individual prices, the price level or the consumer price levels as a
result of Article 3.


F. Costs of bureaucracy
F.1 Article 1 of the Ordinance
Article 1 establishes bureaucratic costs which to a large extent are already present on the basis of
current law (Waste Storage Ordinance, Landfill Ordinance and Ordinance pertaining to the
Recovery of Waste at Surface Landfills). As long as the European Landfill Directive allows it,
the Landfill Ordinance is to be simplified, the result of which will be a reduction in the
information obligations. Compared with the status quo, the costs of bureaucracy are
reduced by approximately EUR 570,000.00 per year. This is the result of having one new,
seven modified and one fewer information obligations.
More specifically:
The initial situation was that in 2006 there were 88 class III landfills, 160 class II landfills, 2 600
class I landfills and 1 600 class 0 landfills (these figures come from the report of the Federal
Government to the Commission about the questionnaire concerning the Landfill Directive. The
                                                 78


number of landfills has fallen in recent years due to decommissioning measures. During the
years up to 2009 there is forecast to be a further obvious fall in class II landfills. On the basis of
the existing surplus capacity, licences are unlikely to be sought for new class II or III landfills,
whereas new licensing procedures are expected in coming years for landfills in classes I and 0.
These figures can only be very roughly estimated however. Each year about 18 applications for
early start-up and 18 for new licences are to be expected. The number of amendment licences is
estimated to be less than 10% of the total landfills in existence, i.e. approx. 400 applications.
However, since the Ordinance will not change the relevant requirements of the first part of the
Environmental Code, no new information obligations will arise regarding the requirements under
procedural law, and no existing information obligations will be removed.
Reduced costs are to be expected in connection with the installation and modification of
facilities, particularly the bottom liner system, because of the conversion from the individual
record in the case of alternative sealing components to a nationally licensed system. The
reduction is estimated at EUR 210,000 per year.
The staffing requirements for specialised waste management companies and audited facilities are
simplified. This leads to lower costs, resulting in savings of approx. EUR 20,000 per year.
The requirements in connection with establishing the disposal prerequisites are reduced
regarding the number of parameters to be basically identified and the exceptions regarding
specific bulk waste. This results in lower costs. The savings in costs of bureaucracy are
estimated at EUR 350,000 per year.
Compared with current landfill law, the Ordinance provides some easing for the acceptance
procedures in connection with the density of monitoring, although it places a new obligation on
the producer of waste to submit the test report on the composition of the waste. The associated
costs are estimated at EUR 100,000. Nonetheless these costs are not only substantially less
noticeable, but are even seen as savings, because the compulsory submission of the test report is
already largely part of landfill practice and so does not really constitute a new obligation. The
reduced stringency of the control tests by contrast represents real savings compared with the
corresponding information obligations currently in force.
During the coming years an obviously higher number of landfills will be decommissioned than
installed. The numbers are very difficult to forecast, but should approximately match those for
the period 2004 to 2009. As in the case of installation, with decommissioning there is expected
to be a reduction in the information obligations, because the obligation to provide proof of
equivalence has been waived in the case of alternative seals or sealing components and only the
general suitability for licensing has to be demonstrated. This leads to reduced information
obligations. The savings in costs of bureaucracy are estimated at approx. EUR 120,000 per
year.
Most of the bureaucratic costs resulting from information obligations ensuing from the valid
regulations concerning existing landfills are no longer relevant because the periods of validity
have expired. In the case of existing landfills, new information obligations are only established
with the licensing of aerobication as a new variant of the in-situ treatment of the landfill body.
The associated costs are estimated at EUR 32,000.
The information obligations established in the Ordinance pertaining to the Recovery of Waste at
Surface Landfills are largely taken over, so that there are no notable savings or extra bureaucratic
costs in this respect.
The information obligations established in the Landfill Ordinance for long-term storage are taken
over with no changes, so that there are no savings or extra bureaucratic costs here.
                                                79


The information obligations established in the Landfill Ordinance for the requirements
concerning procedures are taken over with no changes, so that there are no savings or extra
bureaucratic costs here.
The final provisions also do not establish any new information obligations or alter any existing
ones.


F.2 Article 2 of the Ordinance
Article 2 of the Ordinance does not cause any significant additional bureaucratic costs. The
Directive is implemented as part of the existing provisions on excavation and waste. According
to the Federal Statistical Office, of a total 2,880 active extraction operations, approx. 1,600 come
under mining law, so that approx. 1,280 fall within the scope of Article 2. It is estimated that
pursuant to § 9 about 5% of these operations (= 64; it is estimated that 10% of them will be
operated for longer, with extraction waste being produced by 50% of that portion) must comply
with the requirements under §§ 3 to 6 by 1 May 2012 and those under § 7 by 1 May 2014. It is
assumed that there are approx. 20 new enterprises per year at which extraction waste is produced
which has to be disposed of.
More specifically:
No information obligations are being introduced, amended or removed for the installation,
operation, decommissioning and aftercare of an extraction waste disposal facility, because even
under the current law the requirements for this concerning the state of the art pursuant to TA
Siedlungsabfall (municipal waste) and TA Abfall (waste) had to be complied with in the context
of a rule establishing the discretion of the authority.
Regarding the procedural law requirements (surety, application, notice) information obligations
are introduced only to the extent that it concerns the landfilling of extraction waste which was
previously excluded from the scope of application pursuant to § 1(3)(3) of the Landfill
Ordinance. However, as all extraction residue, particularly in the case of quarrying and earth-
moving operations is destined for recycling or other uses, and thus does not constitute waste in
the sense of Directive 2006/21/EC, the obligation to provide security no longer applies to by far
the greater number of installations. Additional information obligations are estimated at well
below EUR 5,000; these are the result of the European Community rules.
A new introduction is the waste management plan which can be drawn up by the waste generator
using information already available at the facility and notified to the competent authority. Under
current law, the waste generator already has to provide an excavation plan before the envisaged
activities start, including waste disposal, which has to be licensed by the competent authority and
in it must document the scope, technical execution and duration of the intended project as well as
adherence to the licensing conditions under the law on excavation in Germany and where
relevant under waste law. The arguments apply correspondingly to the extension,
supplementation or alteration of an extraction permit, which also has to be submitted for
licensing before work commences, so that adjustments to the waste management plan in the case
of significant changes can be made by taking over the information recorded during the licensing
procedure. It is compulsory for all extraction operations to prepare a waste management plan. If
it is intended to use extraction residues from quarrying operations directly and entirely for
recycling or other applications, these residues can be used as by-products, taking into account the
rulings of the European Court of Justice. The residues therefore do not constitute waste as
defined by Directive 2006/21/EC. This means that a large number of facilities are no longer
obliged to draw up waste management plans. Compared with the status quo, the additional
information obligations of enterprises are estimated at approximately EUR 12,000 per year. In
addition to this are one-off costs of information obligations amounting to approx. EUR 25,000.
                                                80


The information obligations result exclusively from the prescriptions of the European
Communities.
A new introduction for operators of installations in category A is the obligation to prepare a
written concept for the avoidance of serious accidents and an internal plan for emergencies.
Since there are only likely to be a few installations in category A, the information obligations
only arise once and the costs can hardly be estimated, there is no quantification.
Although external emergency plans are being introduced for administration as information
obligations based on the requirements of the Directive, but not through the present Ordinance,
and instead through a plea to the Ministers of the Interior in the Länder.
No information obligations are being introduced, amended or removed for German nationals.


F.3 Articles 3, 4 and 5 of the Ordinance
Articles 3, 4 and 5 of the Ordinance do not introduce, amend or remove any information
obligations.


II.    Special Part

Re Article 1 - Ordinance on Landfills and Long-term Storage
The present Landfill Ordinance integrates the requirements of the Waste Storage Ordinance and
Ordinance pertaining to the Recovery of Waste at Surface Landfills into the Landfill Ordinance.
Under the new rules, both the landfill as a whole and the individual cell may be operated,
decommissioned and finally closed. The corresponding requirements for installing and operating
landfills as well as decommissioning and aftercare therefore overlap chronologically as well as
technically. For systematic reasons the requirements are therefore combined in one section.
Because of the large number of amendments to the Landfill Ordinance that are connected with
the new provisions, the Landfill Ordinance is to be promulgated anew.
This Ordinance serves to implement the Landfill Directive 1999/31/EC and the Council Decision
2003/33/EC. The scope of application of the Landfill Directive covers all waste disposal
facilities designed to store waste above and below the surface of the soil as well as particular
depots for the more long-term interim storage of waste prior to its disposal or recovery. In
respect of the organisational, operational and material requirements, the Directive differentiates
between classes of landfill. The present Ordinance implements this classification and
classification of requirements profiles.
According to the state of landfill technology developed in Germany, an environmentally
compatible depositing of waste can be guaranteed only if biodegradation processes or chemical
reactions in the materials being deposited are minimised. This means that the waste itself
functions as a barrier. In many types of waste this necessitates treatment; for example, waste
containing organic materials such as domestic waste has to be pre-treated thermally or
mechanically and biologically. Already at the time of the Waste Storage Ordinance it was
determined that sophisticated criteria have to be satisfied as the prerequisite for ecological
justifiability of the depositing of mechanically and biologically treated municipal waste and
recyclable and contaminated waste components separated out before being deposited. This
principle has been adopted also in the present Ordinance.
The Ordinance basically assumes that the general purpose of landfills is to store waste as a way
of disposing of it. Despite their definition as disposal facilities, the Closed Substance Cycle and
Waste Act does not exclude the use of landfills for the recycling of waste. Even taking into
                                                 81


account the European rules, material recovery from waste on a landfill is basically permissible
under the law. The conditions for permitting such recycling have been regulated and explained in
the Ordinance pertaining to the Recovery of Waste at Surface Landfills. They are accordingly
taken over in the present Ordinance.
In respect of the application or notification content and transboundary participation, the present
Ordinance makes use of the basis for authorisation in Article 34 of the Closed Substance Cycle
and Waste Management Act to define in greater detail the rules of procedure for plan approval,
granting planning permission for a landfill, notifying amendments to the landfill operation or
establishing the closure of a landfill. This basis for authorisation is also used in Article 32 of the
Closed Substance Cycle and Waste Management Act in order to specify in greater detail by
statutory order the legal requirements and the requirements on the content of the approval and
incidental provisions together with provisions regarding licensing and decommissioning
procedures.

Concerning the individual provisions
Re § 1 Scope:
Paragraph 1 covers the objective scope of application and combines the corresponding Vorgaben
of the valid Landfill Ordinance, Waste Storage Ordinance and Ordinance pertaining to the
Recovery of Waste at Surface Landfills.
Points 1 and 5 clarify that through the Ordinance the site-related, operational and technical
requirements for the site, construction, operation, decommissioning and aftercare including
operational monitoring of surface and underground landfills and long-term storage are
determined for defining the state of the art based on Article 12(1) of the Closed Substance Cycle
and Waste Management Act.
According to point 2 the Ordinance also sets requirements on the treatment of waste. This is
based on Article 12(1) of the Closed Substance Cycle and Waste Management Act, occurring in
particular when otherwise the classification criteria are not adhered to. For example, the
biodegradable and the high-calorific-value fractions of municipal solid waste cannot be directly
landfilled. These categories of waste instead have to be pretreated either by thermal or by
mechanical-biological means. In the latter case high-calorific-value waste fractions and other
recyclable and contaminated waste constituents have to be separated out.
Points 3 and 6 make clear that requirements are still made on the nature and type of depositing or
storage of the waste.
According to point 4 the Ordinance also applies to landfill replacement construction material
indirectly or directly used waste. Whether this is to be viewed as waste depends on the
provisions of Article 3(1) to (4) of the Closed Substance Cycle and Waste Management Act. The
list in Article 1(1) point 2 a-d of the Ordinance pertaining to the Recovery of Waste at Surface
Landfills has not been incorporated because it would have constituted a duplicate provision
regarding Article 15 in conjunction with Annex 3 point 1.

Paragraph 2:
Paragraph 2 covers personal applications and combines the corresponding provisions of the valid
Landfill Ordinance, Waste Storage Ordinance and Ordinance pertaining to the Recovery of
Waste at Surface Landfills.

Points 1 to 4:
In the personal scope of application the normal audience are defined as the initiators of the
landfill project, owners and operators of a landfill as well as operators of long-term storage
                                                  82


facilities and treatment plants. Owners and operators are referred to jointly as operators for the
sake of achieving greater clarity on the Ordinance. As testing and recording obligations also
relate to holders of waste in respect of the preparation of the data for the declaration analysis, the
Ordinance is also oriented to holders of waste who deliver waste to landfills or long-term storage
facilities and need to present the necessary documentary records in the course of acceptance
inspections.
Point 5:
The personal area of application also includes those responsible for proper and safe recycling
when they manufacture landfill replacement construction materials.

Paragraph 3:
Paragraph 3 identifies those cases which are excluded from the scope of the Ordinance. Naturally
this does not mean that other legal provisions such as water law, building law or soil protection
law provisions are not applied in these cases. These exceptions take up the provisions concerning
exceptions in Article 3(2) of the Landfill Directive.
As already provided for in the valid Landfill Ordinance, Waste Storage Ordinance and
Ordinance pertaining to the Recovery of Waste at Surface Landfills, private households are
excluded from the scope of the Ordinance according to point 1.
As already prescribed by the valid Landfill Ordinance, the depositing and long-term storage of
certain excavated earth are excluded from the scope of application according to point 2. On the
one hand this refers to excavated earth from inland waterways; on the other hand it refers to
material dredged from surface waters such as rivers, streams, ditches, ponds and lakes. However,
only the depositing of this waste along the aforementioned waters is excluded and not at other
sites, e.g. on a landfill. With this exception the first part-sentence of the third indent of Article 3
of the Landfill Directive is transposed, according to which the depositing of non-hazardous
sludges from wet dredging along "small waterways", from which they are dredged, is excluded
from the scope of application. However, the Closed Substance Cycle and Waste Management
Act and the Water Management Act do not include the expression "small waterways". According
to the meaning and purpose of the Landfill Directive these are not the major navigable
waterways of German or its Länder or waterways from which experience shows that only
contaminated excavated earth is dredged. Conversely, waterways are listed in point 2 which are
not "small waterways" as defined in the Landfill Directive.
According to point 3 certain decommissioned landfills are excluded from the scope of
application. These landfills are not covered by the Landfill Directive and there are therefore no
requirements for transposition into the national laws of Europe. It should be noted that, in
contrast to Article 13 (b), Article 14 of the Landfill Directive only refers to closed entire landfills
and not also to part of such landfills. As a consequence, the Directive only does not cover those
landfills which were fully closed at the time the Directive came into force. Under German law, it
is nonetheless guaranteed that in the case of these landfills supplementary specifications
regarding the state of the art do not also have to be set up in order to safeguard public welfare.
More specifically:
Under Article 14 sentence 1 in conjunction with point 25, the Landfill Directive only covers
landfills which had not yet been closed on 16 July 2001 (date the Directive was implemented).
According to point 3(a), landfills whose decommissioning phase commenced prior to 1.1.1997
are excluded from the scope of application. On one hand, these are landfills whose
decommissioning has been notified in accordance with the statutory rules of the competent
authority. The competent authority had to decide on decommissioning measures while respecting
the specifications regarding the state of the art pursuant to TA Abfall (waste) or TA
                                                 83


Siedlungsabfall (municipal waste). On the other hand, prior to 1.1.1997 there were de facto
decommissioned landfills at which operation ceased during the 1990s and whose
decommissioning has been notified to the authority. The authority did not make any decisions to
decommission because the landfills were frequently already recultivated and had been integrated
into the landscape. They were therefore de facto in the aftercare phase.
According to point 3(b) landfills are excluded whose decommissioning phase commenced prior
to 16 July 2001 and for which the state of the art has been established in a plan approval,
planning permission or official order in line with the provisions of the Closed Substance Cycle
and Waste Management Act or – prior to 7.10.1996 – in line with the provisions of the law on
waste. This guarantees that decommissioning measures have been carried out according to the
state of the art pursuant to TA Abfall or TA Siedlungsabfall. As the described landfills are not
covered by the field of application of the Landfill Ordinance, no further decommissioning and
aftercare measures have to be established even for implementation reasons.
The requirements pursuant to Articles 26 and 27 concerning existing landfills must be observed
in the case of all the landfills decommissioned since 6 July 2001.
With point 4 completely decommissioned landfills are excluded from the scope of application.
All landfills fully decommissioned since 1.8.2002 come under the decommissioning
requirements of the valid Landfill Ordinance (Article 14 of the existing landfill Ordinance
applies to all landfills which were in operation on 1.8.2002). The current Landfill Ordinance
implements the requirements of the Landfill Directive. It also sets the state of the art regarding
engineering taking into account special provisions for old facilities and transitional
arrangements. This means that there may well be a gap in implementation for landfills which
were fully decommissioned between 16 July 2001 and 1 August 2002. However, according to
information from the Länder responsible for enforcement (survey of the Länder regarding the
breach of contract suit, 2006/2484), all landfills which were fully decommissioned between
16.7.2001 and 1.8.2002 are in compliance with the Landfill Directive. In all, all landfills fully
decommissioned after 17 July 2001 which since then have been in the aftercare phase comply
with the provisions of the Landfill Directive as well as the state of the art. No further stipulations
are necessary.
As already planned for by Article 1(3)(6) of the current Landfill Ordinance, according to point 5
the storage of waste prior to recycling is excluded from the scope of application if the individual
waste that was stored is in interim storage for a period of less than three years. The exception for
a longer duration of storage contained in Article 1(3)(6) sentence 2 of the valid Landfill
Ordinance, which depends on an official decision, is incorporated as Article 25 due to the legal
system.
Point 6 excludes the storage or depositing of waste which occurs directly or normally during
prospecting, extraction, preparation, treatment and processing as well as the associated storage of
mineral resources in facilities not governed by mining supervision. Point 6 expands the previous
Article 1(3)(3) of the current Landfill Ordinance. Relevant to the disposal of this waste are the
requirements of the Ordinance implementing 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. The expression "mineral resources" is adopted from the
definition used in the Closed Substance Cycle and Waste Management Act (Article 2(2)(4)).

Re § 2 - Definitions
1 Disposal area
To allow a clear classification of requirements the "landfill facility" should be subdivided into
the landfill site, disposal area, landfill cell and cell compartment.
2, 28 and 33 disposal phase, decommissioning phase, aftercare phase
                                                 84


To permit the operational and technical measures determined in the present Ordinance to be
clearly allocated to individual phases in the life cycle of a landfill, particular names are given to
these phases to distinguish them from the other phases. The corresponding definitions are largely
adopted in the valid Landfill Ordinance (Article 2(2), (25), (28)); regarding the decommissioning
phase, by correspondence to the relevant tasks according to Art. 13 b of the Landfill Directive,
however, the final closure of individual landfill cells is now permitted.
Once the landfill or landfill cell has been constructed, the disposal phase, decommissioning
phase ending in final closure and the aftercare phase follow. As is already assumed in the
Landfill Directive (Art. 13 c), only the entire landfill can be released from aftercare. The
expression "operational phase" anchored in the valid Landfill Ordinance has not been adopted,
because it is no longer required for reasons dictated by the legal system.

3 Existing landfill:
This expression makes it clear that these are existing landfills which are in the disposal,
decommissioning or aftercare phase at the time the Ordinance comes into force.

4 Compensatory layer:
This expression clarifies that the compensatory layer is part of the surface sealing system.

5 Trigger level:
Groundwater monitoring values are defined as the trigger levels, which when exceeded result in
the necessity to instigate measures to protect the groundwater. The trigger level is thus a type of
alarm which warns of imminent adverse effects on the groundwater emanating from the landfill.
The corresponding definition is taken from the valid Landfill Ordinance (Article 2(3)).

6 Treatment:
The aim of the treatment is subsumed within the definition of treatment. As well as reducing the
volume or hazardous properties of the waste, treatment also aims to achieve compliance with the
relevant classification criteria for the landfill classes. The corresponding definition in modified
form is taken from the valid Landfill Ordinance (Article 2(4)). The outcome of treatment may be
a kind of waste which necessitates a new designation and classification according to the
Appendix to the Waste Catalogue Ordinance.

7 to 11 Class 0, I, II, III and IV landfills:
Depending on the degree of environmental hazard emanating from the disposal of individual
wastes, different requirements are placed on the site, construction, operation, monitoring,
decommissioning and aftercare of landfills and associated precautionary and protective
measures. Classes of landfill have been introduced for this purpose. Since landfills in classes I
and II also allow the disposal of certain hazardous wastes in addition to non-hazardous wastes,
no corresponding limitation to non-hazardous waste is made in the definitions. This pays account
to Article 4 of the Landfill Directive. The expression "mineral resources" is adopted from the
Closed Substance Cycle and Waste Management Act (Article 3(11)) without having a separate
definition.
The corresponding definitions of the valid Landfill Ordinance (Article 2(6) to (10)) are adopted
in modified form.

12 Landfill cell:
This expression is used to clarify that, for example, a cell from class I and a cell from class II or
a separate mono-landfill cell can all be operated in parallel within a single landfill. However, this
                                                 85


does not necessarily mean that the leachate from individual landfill cells has to be collected and
discharged separately or that the cells always have to be constructed separately from one another.
The corresponding definition from the valid Landfill Ordinance (Article 2(11)) is adapted to suit
these operating requirements.

13 Landfill operator:
The definition of the landfill operator follows the relevant legislation by focusing on the legal
and de facto power of disposition over the landfill site. Accordingly the responsible operator of a
landfill is the person who holds the power of disposition over the landfill and who carries out, or
causes to be carried out, its management (ruling of Federal Administrative Court of 31.8.06 - 7 C
3.06 -). Public-law obligations are assumed by the landfill operator resulting from the
stipulations of the present Ordinance for the installation, operating, decommissioning and
aftercare phase. The supplementary definition of the valid Landfill Ordinance (Article 2(12)
sentence 2), according to which the licence holder during the aftercare phase is the landfill
operator, has not been adopted; it did not contribute to the clarity of the legislation.

14 Landfill replacement construction material:
This definition clarifies that suitable wastes, as well as materials produced from waste, can be
used. The corresponding definition is to a large extent taken from the valid Landfill Ordinance
(Article 2(2)).

15 Landfill gas:
The expression "landfill gas" makes it clear that it is a product of reactions among the stored
waste. The corresponding definition is taken from the valid Landfill Ordinance (Article 2(14)).

16 Entrance zone:
Area on the landfill site in which the waste is delivered, its volume or weight recorded and its
identify determined. This expression is taken from TA Abfall.

17 Degasification:
Degasification includes all measures undertaken to detect, collect and remove landfill gas. It
does not include the uncontrolled passive escape of the landfill gas such as typically takes place
during emplacement of biodegradable waste. The corresponding definition is taken from the
valid Landfill Ordinance (Article 2(15)).

18 Liquid waste:
This expression has been amended in conjunction with Article 7 from the requirements of the
valid Landfill Ordinance (Article 2(16)) such that it now also largely accords with the provisions
of the Landfill Directive. The definition of "turbid" ("schlammig") within the meaning of the
Landfill Directive is made in analogy to the descriptions of consistency contained in form VE of
the Ordinance on Waste Recovery and Disposal Records.

19, 30 Basic characterisation, key parameter:
Corresponding to point 1.1 of the Council Decision 2003/33/EC, a basic characterisation of the
waste is necessary before accepting waste at a landfill. With the aid of the key parameters, the
work of inspection entailed by individual deliveries is to be concentrated to an economically
reasonable and ecologically responsible level. These key parameters and others are set with the
basic characterisation of waste. The expressions "basic characterisation" and "key parameter" are
intended for this purpose.
                                                 86


The corresponding definitions are adopted from the Waste Storage Ordinance (Article 2(11),
(12)) and the current Landfill Ordinance (Article 2(17), (26)).

20 to 25 Long-term storage facility:
The requirements of the Landfill Directive are also to be applied to long-term storage facilities,
i.e. those storage facilities which are operated for longer than a year and on which the individual
waste is as a rule stored for longer than three years before subsequent recovery or treatment or is
temporarily stored for longer than one year before subsequent disposal. In point 8.14 of the
Annex to the 4th BImSchV, such long-term storage facilities are mentioned specifically and are
distinguished from other storage facilities according to points 8.12 and 8.13 of the Annex to the
4th BImSchV. Nonetheless with regard to the storage duration for individual wastes both in the
case of subsequent recovery and in the case of subsequent disposal, the period of more than a
year governs the distinction between long-term storage facilities and other storage facilities.
Under Article 7(4) of the Federal Pollution Control Act all material requirements applying to
landfills may be applied to long-term storage facilities defined in this way.
In a corresponding transposition, long-term storage facilities are defined by a reference to point
8.14 of the Annex to the 4th BImSchV. Long-term storage facilities defined in this way are in
turn subdivided into classes which correspond to the landfill classifications. Because of the
foreseeable storage requirements as a result of the Regulation of the European Parliament and of
the Council on the banning of exports and the safe storage of metallic mercury, the underground
long-term storage facility is introduced as an addition to the current Landfill Ordinance.
Otherwise the corresponding definitions of the current Landfill Ordinance (Article 2(19) to (23))
are adopted.

26 Mechanically and biologically treated waste:
The definition of "mechanically and biologically treated waste" is provided in analogy to the
expression "treatment" used in Article 2 of the EC Landfill Directive and accords with the
expression "combination of biological and physical processes" as used in the definition of
"biological treatment facilities" in the 30th BImSchV. It is made clear that this expression
includes only that waste which occurs as part of municipal waste, has a high proportion that is
biodegradable and has been treated by a combination of different process stages. The mechanical
or other physical processes such as crushing or separating procedures and the biological
processes such as rotting or fermentation procedures do not have to take place at just one site.
However, they must be capable of being combined. The waste may thus result from a
combination of several decentralised mechanical treatment facilities with a central biological
treatment facility, for example. Waste from pure composting plants at which separately collected
biowaste is treated does not fall within this definition. In terms of content, the definition follows
the definition in Article 2(4) of the Waste Storage Ordinance.

27, 32 Mono-landfill, specific bulk waste:
Mono-landfills are to a large extent landfills for waste resulting during industrial processes that
is of one type and occurs in large quantities. Regular long-term measurements and inspection
results concerning the performance of these landfills permit a relatively good prediction of
landfill performance. Therefore the Ordinance provides some easing of the terms for the disposal
of specific bulk waste in mono-landfills. In order to prevent abuse, these landfills must be clearly
distinguishable from landfills which accept heterogeneous wastes. The corresponding definitions
of the valid Landfill Ordinance (Article 2(24) to (27)) are adopted correspondingly.

29 Profiling:
                                                    87


The definition of "profiling" makes clear that it includes the formation of the surface of the
disposal area which is necessary for technical reasons. In doing so, by contrast to the
requirements of the Ordinance pertaining to the Recovery of Waste at Surface Landfills (Article
2(6)), the meaning of profiling is expanded to include the profiling of individual landfill cells.

31 Leachate:
This definition corresponds with Article 2 (i) of the Landfill Directive.

34 Classification criteria:
Whether waste is deposited on a particular landfill or is capable of being used as landfill
replacement construction material is determined by adherence to specific classification criteria.
However, these criteria may be exceeded under certain conditions, either related to individual
cases and generally. The classification values taking into account the specific and general
possibilities of excess are combined within the expression "classification criteria".

Re Article 3 - Construction
Article 3 covers the requirements for installation of surface as well as underground landfills.
Article 3 implements the corresponding requirements of the Landfill Directive concerning
installation. According to Annex 1 point 1 of the Landfill Directive, a set of factors must be
considered when choosing a site. According to point 2, suitable measures are needed to collect
and treat leachate and external water ingress; inert waste landfills are exempt from this. Under
Annex 1 points 3.2 and 3.3 of the Landfill Directive, a combination of geological barrier and
bottom liner are to be provided during the disposal/active phase as measures to protect the soil,
groundwater and surface waters. The geological barrier may be improved by artificial means.
This artificially improved layer must be not less than 0.5 m thick. The nature and quality of the
bottom liner are not specified. According to Annex 1 point 3.4 sentence 1 of the Landfill
Directive, the competent authority may allow exceptions to the aforementioned requirements.
According to Annex 1 point 3.4 sentence 2 of the Landfill Directive, Member States are able to
stipulate requirements for inert waste landfills. According to Annex 1 point 7 annex 1, the
landfill is to be fenced off.
Article 3(5) of the Landfill Directive excludes class IV landfills from the requirements of Annex
I point 2 except for the first indent, points 3 to 5. According to section 2.5 of Council Decision
2003/33/EC, the disposal operation of a class IV landfill is dependent on a site-specific safety
assessment.

Paragraph 1:
Paragraph 1 in conjunction with Annex 1 transposes these EU stipulations concerning the
installation of a landfill or new landfill cell in class 0, I, II and III. The state of the art required by
the Waste Storage Ordinance and the current Landfill Ordinance is adopted, but the requirements
are given more flexibility to focus more on framework conditions that are specific to particular
cases.
Articles 3 of the current Landfill Ordinance and Waste Storage Ordinance have determined the
criteria for selecting a suitable landfill site by incorporating the requirements of TA Abfall and
TA Siedlungsabfall. Annex 1 point 1.1 takes over these criteria because they continue to
determine the state of the art.
Annex 1 point 1 of the current Landfill Ordinance has determined the requirements for the
geological barrier and bottom liner system. Article 3(2) of the current Landfill Ordinance has
established as equivalent the requirements for the geological barrier and bottom liner system as
set forth in TA Abfall and TA Siedlungsabfall.
                                                88


Paragraph 1 in conjunction with Annex 1 points 1.2, 2.1, 2.2, 2.4 and 2.5 combines the
requirements set out in the current Waste Storage Ordinance and Landfill Ordinance and gives
them more flexibility. Compared with the requirements set forth there, Annex 1 no longer
prescribes a standard sealing system and proof of equivalence for alternative designs. Instead of
this, the geological barrier and individual components of the sealing system are described with
the major framework conditions. As an addition, a general licence specified according to national
criteria is prescribed for the sealing system components. This approach to the provision is more
flexible, allowing site-specific decisions to be made individually without moving away from the
current state of the art.
In view of this background, there is no longer a special exemption rule for mono-landfills
(previously Article 3(4) of the Landfill Ordinance) or the general exclusion as per Article § 3(8)
of the current Landfill Ordinance, because Article 3(1) in conjunction with Annex 1 allows
sufficiently flexible solutions. In cases where existing landfills have resorted to the rules on
exemption provided in Article 3(4) or Article (8) of the current Landfill Ordinance, reference is
made to the grandfathering clauses as per Articles 26 and 27.

Paragraph 2:
Underground salt-deposit landfills enjoy special ranking in German waste disposal practice.
They have been used in the disposal of particularly hazardous waste for more than two decades.
The most important prerequisite was, and still is, that the waste should be permanently sealed
from the biosphere and that a site-related safety assessment is used to provide evidence of
suitability for an underground landfill. Section 3(5) in conjunction with Annex 2 of the current
Landfill Ordinance has set out the state of the art for the installation of underground landfills in
salt deposits and other rocks.
The option of underground disposal in other types of rock rather than salt deposits also offered
by the current Landfill Ordinance is not incorporated. Experience shows that no underground
landfills in Germany have been installed in other rock formations, nor have any been planned.
They are also not essential for the purposes of a safe disposal infrastructure because there is
surplus capacity among landfills and the demand for landfill capacity is tending to diminish due
to increased avoidance and recovery options. The other requirements relating to the selection of a
site and the safety assessment have been adopted from the current Landfill Ordinance. They
continue to represent the state of the art.

Paragraph 3:
In this paragraph it is made clear that a landfill must have a number of operational departments
and must be secured to prevent unhindered access by persons not authorised. This requirement
corresponds to the stipulations of Article 3(3) and (6) of the current Landfill Ordinance.
According to sentence 3, the competent authority has the possibility of allowing exceptions to
the requirements for separate operational departments and access security for class 0 landfills
and mono-landfills within a facility. For example, in the case of internal mono-landfills access to
the site is regularly controlled by fencing in the entire landfill; this protects the landfill from
unauthorised access since it is part of the overall operation. By this means it is guaranteed that
the requirement in point 7 Annex I of the Landfill Directive is met.

Re Article 4 - Organisation and staffing
Article 8(a) of the Landfill Directive sets minimum requirements for staffing in (ii) and
prevention of accidents in (iii).
Article 4 regulates the requirements for the organisation of the landfill site operation and the
staffing of landfill sites. The requirements were derived and consolidated from Article 4 of the
current Landfill Ordinance. Where it is particularly emphasised that there have to be expert
                                                   89


personnel, this implements Article 8(a)(ii) of the Landfill Directive. Where it is particularly
emphasised that all the necessary accident prevention measures have to be implemented, this
implements Article 8(a)(iii) of the Landfill Directive.
Sentence 2 takes account of the authorizations granted in Articles 52(1) and 55a of the Closed
Substance Cycle and Waste Management Act, according to which the Federal Government can
provide for easing of the stipulations in respect of specialist waste disposal facilities and audited
industrial sites.

Re Section 5 - Commissioning
Article 5 sets out the conditions for commissioning a landfill, landfill cell or making a significant
modification to the landfill or to a cell. The requirements comply with Article 5 of the valid
Landfill Ordinance. Insofar as there were stipulations in it stating which details are to be
documented in the operating journal, these are definitively arranged in Article 13(3).
Article 5 transposes the corresponding provisions of Article 8(c) of the Landfill Directive.

Re Article 6 - Conditions for disposal
The disposal conditions are formulated in Article 6 for each class of landfill. The requirements
refer to the entire landfill as well as to individual landfill cells. Article 6 takes over the content of
the requirements as per Article 6 of the valid Landfill Ordinance as well as Articles 3 and 4 of
the Waste Storage Ordinance, but incorporates them into a new structure for the sake of
increased clarity.
Article 6 implements the corresponding provisions of Article 5(4), Article 6 and Article 11 in
conjunction with Annex II of the Landfill Directive and Council Decision 2003/33/EC.
                                                 90


Paragraph 1:
The basic requirement for allowing waste to be deposited at a landfill is that it should satisfy the
relevant acceptance criteria for the corresponding class of landfill. By making reference to
paragraphs 3 to 5 it is made clear that the acceptance criteria are the classification criteria
according to the definition in Article 2(31) with the special storage conditions provided for in
these paragraphs. These criteria must basically be adhered in the case of homogeneous waste. If
necessary, waste is to be subjected to pre-treatment. As some types of waste are included in the
Waste Category Ordinance which by definition are produced through mixing, some provisions to
clarify the valid law are necessary. This concerns, on the one hand, the requirement of sentence
4, according to which for premixed waste of group 19 02 in the Appendix to the Waste
Catalogue Ordinance the focus is on the relevant waste before it is mixed. On the other hand, it
concerns waste in group 19 03 in the Appendix to the Waste Catalogue Ordinance, which all
results from a more or less specialised mixing process. Should it not comply with the
classification criteria for the particular landfill class in its untreated state, this waste has to be
examined according to paragraph 2.
Sentences 1 and 3 combine the requirements of Article 6(1) of the valid Landfill Ordinance and
Article 3(3), Article 4(1)(2) of the Waste Storage Ordinance. By virtue of the linkage of the
treatment requirement with the acceptance criteria, and there with the classification criteria in
particular, the more generally phrased provision in Article 6(a) of the Landfill Directive becomes
more specific.
Sentence 2 combines the requirements of Article 6(8) of the valid Landfill Ordinance and Article
3(4), Article 4(1)(3) of the Waste Storage Ordinance. If the pre-treatment, or thermal treatment,
results in new waste, this must be reclassified according to the requirements of the Waste
Catalogue Ordinance. The requirement according to which the acceptance criteria are to be
complied with in the individual waste without mixing refers in such a case to the waste resulting
from the treatment, and not to the original waste. One exception to this, as mentioned, is pre-
mixed waste. When deposited, the premixing must specifically not be undertaken just with the
aim of achieving the acceptance criteria.

Paragraph 2:
Paragraph 2 contains the special requirements for compacted and stabilised waste. According to
paragraph 1, the acceptance criteria are to be complied with in the unmixed waste. However, it
has to be noted that compacted and stabilised waste result from a treatment process in the sense
of Article 2(5) and thus have to be classified as a "new" type of waste. To forestall any abuse of
treatment and, in particular, to counter an evasion of the acceptance criteria through inferior
compacting or stabilisation processes, special conditions of acceptance for waste treated in this
way are formulated. The requirements are supported on the principle that sustainability
considerations mean it is only justifiable to focus on the classification criteria in the treated, in
other words compacted or stabilised, waste if these criteria are adhered to under storage
conditions in the short, medium and long term. This presupposes that the treated waste is eluated
by the pH-stat method and analysed for its constituents. Treated waste which meets the
acceptance criteria under the harsh conditions of the pH-stat method is also stable and not
reactive as defined by Article 6(c)(iii). However, if the acceptance criteria are satisfied by the
individual wastes before this treatment when compacted or stabilised, it is not necessary to test
according to the strict pH-stat method, and the "normal" leaching method can be used instead.
Paragraph 2 takes over the basic features of the special requirements according to Article 3(5) of
the Ordinance pertaining to the Recovery of Waste at Surface Landfills, but extends the special
analysis rules for compacted and stabilized waste overall and extends the scope of application
from recovery to include disposal.
                                                 91


The strength parameters are not taken over. Safe landfill operation depends on the landfill body
being stable. This requirement results from Article 9 in conjunction with Annex 5 point 5. The
exemption rules for specific bulk waste according to Article 6(5) of the valid Landfill Ordinance
have also been omitted. This secures conformity with Council Decision 2003/33/EC.

Paragraph 3:
Paragraph 3 contains the basic prerequisites which have to be observed when depositing
hazardous waste. The requirements according to Article 6(2) in conjunction with the
classification criteria of Annex 3 of the valid Landfill Ordinance are adopted in the Ordinance
for landfill class III by means of sentence 1 point 1 in conjunction with Annex 3 point 2,
provided parameters are prescribed for this according to Council Decision 2003/33/EC. The
classification criteria, in other words the classification values taking into account the
introductory text and the footnotes of Annex 3 point 2, are to be complied with. Waste which
does not comply with the classification criteria has to be treated prior to storage while observing
paragraph 1 so that it complies with the classification criteria.
Alternatively waste may be allocated to an underground landfill. In accordance with Article 3(2)
such a landfill may only be constructed in salt rock. The principle of permanent sealing in salt
rock represents the central requirement for the fact that the pollutant potential of the waste is not
able to get into the biosphere even in the long term. A restriction on the pollutant potential is
objectively not justified due to this permanent sealing from the biosphere.
When classifying this waste the exemptions formulated in Article 7 must still be observed prior
to storage.
Sentence 1 transposes the corresponding provisions of Article 6(b) of the Landfill Directive.
Under sentence 2, waste which complies with the corresponding classification criteria for landfill
classes I or II may be deposited on a class I or II landfill. Because of the stricter classification
criteria it has to be assumed that this waste is to be classified as stable and non-reactive and that
its leaching characteristics under landfill conditions will not change adversely even in the long
term. Sentence 2 transfers the requirements according to Article 6(3) of the valid Landfill
Ordinance to the Ordinance.
Sentence 2 serves to transpose Article 6(c)(iii). Through the limiting of organic materials in the
case of class I and II landfills, it is ensured that this hazardous waste is not deposited together
with the biodegradable waste (specifications according to sentence 2 of Article 6(c)(iii)).
Sentence 3 permits asbestos-containing waste and waste containing hazardous mineral fibres also
be to accepted by class I or II landfills. Sentence 3 takes over the requirements according to
Article 6(4) of the valid Landfill Ordinance.
Sentence 3 serves to transpose point 2.3.3 of Council Decision 2003/33/EC. It extends point
2.3.3 of that Decision to include other hazardous synthetic mineral fibre waste because such
waste has similar hazardous characteristics and requires similar safety standards when handling
it. The storage conditions which also require compliance also serve to transpose point 2.3.3 of
Council Decision 2003/33/EC.
Insofar as in sentence 3 point 1 the focus is on indications that the waste does not have other
hazardous properties, it should be noted that according to Article 8 it is exempt from basic
characterisation and control checks. The other hazardous properties may thus only be ascertained
by considerations of plausibility.

Paragraph 4:
                                                 92


Paragraph 4 contains the basic prerequisites which have to be observed when depositing non-
hazardous waste. Paragraph 4 transfers the requirements according to Article 3(1) to (3), Article
4(1) of the Waste Storage Ordinance to the Ordinance.
Paragraph 4 serves to transpose Article 6(c)(i) and (ii) of the Landfill Directive.
Through these provisions, the classification criteria of Annexes 1 and 2 of the Waste Storage
Ordinance are adopted in the Ordinance for the depositing of waste in class I and II landfills,
provides parameters are envisaged for this according to Council Decision 2003/33/EC. Waste
which does not entirely comply with the classification criteria such as, for example, untreated
domestic waste, has to be handled before being deposited such that it meets the criteria. This
makes it clear that the principle of the widest possible aftercare-free storage is retained and only
waste may be deposited whose storage in the long term does not result in adverse effects on the
environment.
The same classification criteria apply to mechanically and biologically treated waste as to other
non-hazardous waste taking account of Annex 8 point 2 sentences 6 and 7 except for TOC, DOC
and the biodegradability of the dry residue. These classification criteria have already been
prescribed in the Waste Storage Ordinance in conjunction with the special storage conditions in
sentence 2. The rule that previously high-calorific-value waste must be segregated chiefly refers
to waste with a heating value of well over 6000 kJ/kg which is marketed as a fuel substitute. The
requirements are retained since they represent state of the art. Where the Waste Storage
Ordinance contains further storage provisions in Annex 4, these have not been adopted because
of deregulation considerations.
In the case of stabilised waste a special requirement governing its disposal is also taken from
sentence 3 of Annex 2 of the Ordinance pertaining to the Recovery of Waste at Surface
Landfills. According to this, its deposition as non-hazardous stabilised waste depends on organic
pollutants previously contained in the original waste, because of which the original waste had
dangerous properties or features pursuant to Article 3(2) of the Waste Catalogue Ordinance,
needing to be destroyed through stabilisation. This may take place by means, in particular, of
biological or thermal stabilisation methods.

Paragraph 5:
Paragraph 5 contains the basic prerequisites which have to be observed when storing inert waste.
Paragraph 5 transfers the requirements of Article 6 of the valid Landfill Ordinance to the
Ordinance provided deposition on another surface landfill has been covered there. Inert waste
meeting the particular classification criteria of Annex 3 may be deposited on a landfill which
complies with at least all the requirements of a class 0 landfill. In this way, inert waste can
basically also be allocated to class I, II, III and IV landfills. When classifying this waste the
exemptions formulated in Article 7 must still be observed prior to storage. The Ordinance no
longer provides for storage in underground landfills in rock other than salt deposits. On this refer
also to the grounds relating to Article 3(2).
Paragraph 5 transposes the corresponding provisions of Article 6(d) of the Landfill Directive.
                                                 93


Paragraph 6:
Paragraph 6 permits exceptions to the acceptance criteria for some special types of waste.
Sentence 1 points 1 and 2 take over the provision on exemption according to Article 6(9) of the
valid Landfill Ordinance. In the special instances of damage such as fires, explosions or floods,
in which due to the agglomeration with the high quantities occurring a more extensive separation
or sorting is not reasonable to expect, it is justifiable for the mainly mineral fraction without
previous basic characterisation and also in derogation of the classification criteria, to be
deposited. Sentence 2 point 1 also relies on Article 6(9) of the valid Landfill Ordinance and
expands it to include waste which is mixed with asbestos or other hazardous synthetic mineral
fibres and exceeds individual classification criteria. A relevant example of this in practice is
roofing felt which contains asbestos. Because of the asbestos content, environmental aspects
mean that burning it has greater adverse effects than depositing it in a class III landfill. From the
health aspects too, it may be advisable to deposit this waste without further treatment stages so
that no fibres can be released. The proportion of organic substance which is deposited ranks as
comparatively less crucial.
From environmental aspects it is also advisable to give an incentive to remediate existing
pollution or inadequately secured landfills. This can be achieved by reason of the fact that on
moving the waste to a complying landfill not all the classification values need be complied with.
Depositing the waste in a secure landfill is preferable on environment grounds to the relatively
insecure open storage of inherited polluted material.

Article 7 - Non-licensed waste
Article 7 takes over the requirements from Article 7 of the current Landfill Ordinance, adapts
them to the updated European legislation and determines the waste which may not be deposited
on either surface or underground landfills.

Paragraph 1:
Insofar as point 1 prohibits the depositing of liquid waste, this is waste as defined by Article
2(18) of the current Ordinance.
Points 2 to 6 implement the corresponding provisions of Article 5(3) of the Landfill Directive.
The waste described in point 2 is, for example, waste which has to be labelled with the symbols
G, C, E, F or F+ of the Hazardous Substances Ordinance or classified in class R 10 of that
Ordinance. The prohibition according to point 6 on depositing waste which results in significant
nuisance caused by odour for those employed at the landfill and for the neighbourhood, is aimed
at minimising landfill-specific emissions which may result in adverse effects. The requirement in
point 6 corresponds to the provision in the first indent of Annex 1 point 5 of the Landfill
Directive.
Point 7 serves to prohibit the depositing of waste which comes within the scope of Regulation
(EC) No. 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent
organic pollutants and amending Directive 79/117/EEC (EU POP Regulation) and is considered
particularly disadvantageous to the sustained environmentally compatible operation of landfills.
The EU-POP Regulation came into force on 20 May 2004. It is directly valid law in all Member
States. Under Article 7(2) of the EU-POP Regulation, waste containing persistent organic
pollutants (POP) must be recovered or disposed of in such a way that the POP it contains is
destroyed or irrevocably converted. The POP concerned are defined in Annex IV of the EU-POP
Regulation. Under Article 7(3) of the EU-POP Regulation, processes in which POP penetrate the
recovery or utilisation fields are not permitted. Under Article 7(4)(a) of the EU-POP
Regulations, waste whose POP content falls below lower limits may be disposed of according to
other European law and thus also placed in landfills. The lower limits are defined in Council
Regulation 1195/2006 of 18 July 2006. Under Article 7(4)(b) of the EU-POP Regulation, even if
                                                 94


the lower limits are exceeded waste listed in Annex V Part 2 may also be disposed of
underground in salt deposits, in solid rock or – following compaction or stabilisation - on a
surface landfill in class III. The details to be observed in doing so were set forth in Regulation
172/2007 of 16 February 2007.
In order to secure environmentally compatible disposal under sustainability aspects of the POP-
containing waste listed in Annex V Part 2 of the EU-POP Regulation, disposal in surface
landfills is not permitted where the lower limits are exceeded. Therefore the only disposal option
is an underground landfill in salt deposits.

Paragraph 2:
In paragraph 2 the waste is defined which must not be deposited in an underground landfill. The
exclusion of individual wastes is governed on the one hand by the provisions of Article 5(3) of
the EC Landfill Directive and on the other hand by experience in German from operating
underground landfills in salt rock.
In an underground landfill the waste is enclosed by rock. On this condition with complete
enclosure even highly toxic substances can be disposed of safely in the long term by
underground storage. It must nonetheless be noted that the rock barrier in analogy to the barriers
of surface landfills (the geological layer and sealing systems) represents the barrier which has to
guarantee secure sealing of the waste in the long term separating it from the biosphere. In its
characteristics, the rock barrier may in no way be adversely affected by the waste that is to be
deposited. Furthermore it should be observed that the underground atmosphere in which the
waste is stored is the same atmosphere which is breathed by workers below ground. To this
extent any noxious emissions from the waste must be excluded from this air supply. Such waste
should also not be disposed of underground whose permit for surface deposition is due to cease
as a result of environmental policy decisions and to which pre-treatment processes are therefore
to be applied. These framework conditions govern the exclusions from disposal formulated in
paragraph 2. In this context, point 1 takes from the exclusion criteria those facts which represent
an unacceptable risk for an underground landfill. From these exclusion criteria, point 2 takes the
principle that waste with a higher organic content should be pre-treated rather than deposited.
These bans on depositing are added to in points 3 and 4 by bans for waste which under storage
conditions may have negative effects through mutual reaction or with the salt rock. Through the
inclusion of the storage conditions, the landfill operator is allowed the basic possibility of also
depositing hazardous waste which releases noxious gases only in the presence of water, for
instance aluminium salt dust; for this type of waste the underground landfill in the salt deposits is
the only option for disposal that can be justified for the waste sector; by virtue of the special
storage conditions in salt deposits, which prevent not only the ingress of water, but also of
moisture, long-term secure deposition is guaranteed.
Point 4(b) and (c) serve to transpose Appendix A point 2.1, points c, d and of Council Decision
2003/33/EC. Here, point c mainly refers to waste which may be expressed from the storage zone
under storage conditions because of convergence of the surrounding rock. The requirements
accord with practice.
Paragraph 2 thus transposed Appendix A point 2.1 of Council Decision 2003/33/EC.

Re § 8 - Acceptance procedure
Article 8 covers the testing and recording obligations for compliance with the requirements of
Articles 6 and 7 as well as of Annex 3 point 2 of the present Ordinance.
                                                 95


Article 8 implements the corresponding provisions of Article 11(1) in conjunction with Annex II
of the Landfill Directive and that of Council Decision 2003/33/EC. It takes over the requirements
of the Waste Storage Ordinance and valid Landfill Ordinance, and revises and simplifies them.

Paragraph 1:
Paragraph 1 implements the requirement of point 1.1 of Council Decision 2003/33/EC following
basic characterisation of waste that is to be deposited. The key parameters and details of the
regular control testing are to be determined in the context of the basic characterisation.
For the basic characterisation the producers of waste and landfill operator are allocated joint
responsibility. It is first and foremost the task of the producer of waste to characterise the waste
so produced. Under Article 11 of the Closed Substance Cycle and Waste Management Act, he is
obliged to dispose of his waste according to the principles of waste disposal that is compatible
with public welfare. The information he has to supply for this is designed, in particular, to permit
a decision to be made on whether the waste can be deposited as requested.
According to points 1 to 5, waste producers must provide information corresponding to the
content of the responsible declaration pursuant to the provision of the Ordinance on Waste
Recovery and Disposal Records. However, under that Ordinance, this information need only be
provided by the producer in the case of hazardous waste.
Under points 6 to 8 the waste producer has to provide information on adherence to the
classification criteria of Annex 3 point 2. Insofar as this information has already been provided
in the individual or collective record of proper waste management, it is not necessary to provide
it again. The basis for the characterisation of waste is a sampling to determine whether the
characteristic features of the waste, which will determine the choice of landfill, are representative
of the total volume of waste to be disposed of. In order to simplify the sampling of waste the has
adopted the "Directive for the procedure in physical, chemical and biological investigations in
connection with the utilisation/disposal of waste – LAGA PN 98. These guidelines represent the
state of the art – also while observing the corresponding European sampling rules. Therefore the
waste producer is obliged to carry out sampling to obtain a basic characterisation of the waste
and the regular inspections according to the LAGA PN 98 requirements. Using the specifications
of LAGA PN 98, the waste producer must also determine the strategy for sampling and develop
a sampling plan. These specifications are obliged to be included via the linkage to Annex 4 for
the basic characterisation. In the case of premixed waste of group 19 02 of the Waste Catalogue
Ordinance, however, the focus should be on the particular waste before mixing. In the case of
stabilised or compacted waste, the special requirements for preparing the samples and for the
elution method according to Article 6(2) are to be noted in addition.
The parameters to be investigated in addition result from Annex 3 point 2. The waste producer
can have further parameters investigated if he considers this to be worthwhile for sampling to
characterise the waste. Further parameters may naturally also be prescribed by the landfill
operator, if this is recommendable for assessing the storage capability.
According to points 9 and 10, the waste producer must provide additional information for
hazardous waste which permit a better assessment of the waste's suitability for storage.
According to point 11 the producer of waste containing POP must furnish proof authorised by
the competent authority that the storage represents the method of disposal that is preferable in the
interests of the environment. This serves to transpose Article 7(4)(b)(i) of the EU-POP
Regulation. Point 11 only applies in case POP-containing waste exceeding the lower limits
pursuant to Council Regulation 1195/2006 is deposited in a class IV landfill. Surface deposition
of such waste is prohibited according to Article 7(1)(7).
According to point 12, the waste producer is to present a proposal nominating the key parameters
on the basis of his detailed knowledge of the waste.
                                                 96


In addition it is made clear that existing information requiring preparation on the basis of the
Ordinance on Waste Recovery and Disposal Records may be used. This makes use of
deregulation potential.
 Should greater deviations from the basic investigations result on the basis of the regular
inspections of the waste as part of the deliveries to the landfill, the waste would have to be
fundamentally characterised once again. The permissible deviations result taking into account
Annex 4 point 4.

Paragraph 2:
If Council Decision 2003/33/EC allows examinations for basic characterisation to be dispensed
with, this exception is taken over and the framework conditions for this are stipulated. Insofar as
the valid Landfill Ordinance in Article 8(1) excludes the landfill operator from control checks, if
he is aware of all the necessary information on the leaching behaviour and composition of the
waste, this was not taken over since the control checks for the basic characterisation
corresponding to the principle of causation are shifted overall to the waste producer or collector.

Paragraph 3:
Paragraph 3 prescribes that the waste producer has to sample and investigate the waste to be
stored on a regular basis. The sampling is to take place according to Annex 4 and thus in
compliance with the specifications of LAGA PN 98. The frequency of collective sampling for
analysis envisaged there (one sampling per 300 cubic metres) was reduced before the
background of the control sample by the landfill operator to one control sample per 1000 tonnes
or less. Exceptions are permitted for specific bulk waste. In the case of stabilised or compacted
waste, the special requirements for preparing the samples and for the elution method according
to Article 6(2) are to be noted in addition. The producer must present the protocols of the sample
examinations to the landfill operator so that the latter can come to decision on the suitability for
landfilling while taking into account the results of the basic characterisation.

Paragraphs 4 to 6:
Paragraph 4 prescribes that the landfill operator must perform an acceptance inspection for each
delivery of waste received. In doing so, the delivery quantity and waste type as well as the
existing documents are to be inspected. Criteria such as colour, odour and consistency serve for a
control on plausibility. Apart from the visual inspection and the verification of the information
provided by the waste producer about the waste, the landfill operator must perform his own
checks at regular intervals, as specified in paragraph 5. In the overall system there is a sustained
system of inspections by the waste producer and the landfill operator. If the inspections are
carried out by the landfill operator, reference samples are to be taken and stored for later
investigations. In the case of relatively small overall delivery quantities which are determined in
paragraph 5 at less than 50 megagram for hazardous waste and less than 500 megagram for all
other waste, own control checks can be dispensed with. In these cases it appears sufficient only
to come to a decision about the suitability for storage by reference to the basic characterisation of
the waste.
This corresponds to the provisions of point 1.1.3 (b) of Council Decision 2003/33/EC.

Paragraph 7:
The easing of the administrative procedures for certain types of inert waste opened in point 2.1.1
of Council Decision 2003/33/EC are transposed by paragraph 7 which corresponds to the
provision in Article 8(8) of the current Landfill Ordinance. To prevent greater proportions of
light fractions with inert wastes being stored, a limit of 5 percent by volume is prescribed.
Deviating from Article 8(8) of the valid Landfill Ordinance, inert wastes are only exclude from
                                                 97


special tests and analyses for the basic characterization and control analyses. As in the case of
other waste, it is necessary to specify which type of waste is concerned, the source it comes
from, and what are its typical constituents; also inert waste must in any case be given a basic
characterisation even in a simplified procedure. Since inert waste may basically be stored on any
class of landfill, the requirement is not formulated specific to landfill class.

Paragraph 8:
With paragraph 8, the corresponding specifications of the Waste Storage Ordinance and the valid
Landfill Ordinance are taken over. The possibility of using documents from the Ordinance on
Waste Recovery and Disposal Records or the Ordinance on the Trans-frontier Shipment of
Waste for the purpose of confirmation of receipt serves deregulation. The confirmation of receipt
may be provided in writing or electronically. The requirement implements Article 11(1)(c) of the
Landfill Directive.

Paragraph 9:
With paragraph 9, the corresponding specifications of the Waste Storage Ordinance and the valid
Landfill Ordinance are taken over. The notice to the competent authority serves to monitor the
disposal of this waste by the authority (as a precautionary measure).

Article 9 Handling waste
The requirements according to Article 9 serve to guarantee operation of the landfill which is safe
and has low emissions. Details are determined in Annex 5. The stipulation of the strength
parameter within the valid Landfill Ordinance is featured because it is improbable that the
deposited waste will lead to concern about adverse effects on the stability of the landfill body.
The landfill operator must guarantee this. A change from the current legal situation according to
which the landfill operator at his own discretion must ensure that there is no concern about
adverse effects on the stability of the landfill body, is justifiable and serves deregulation.
Article 9 transposes the corresponding provisions of Annex I(5) and (6) of the Landfill Directive.

Re Article 10 Decommissioning phase and Article 11 Aftercare phase
In Articles 10 and 11, the requirements for decommissioning and aftercare of landfills are
covered and are to be observed in interaction with the requirements of Articles 12 and 13.
Apart from mechanically and biologically treated waste, since 1 June 2005 only waste has been
deposited which can be classified as mineral in nature on the basis of the strict delimitation of the
organic share. If it is a matter of landfills or landfill cells installed after this date which do not
include biodegradable waste, the pollutant potential can only be reduced in the course of later
years and decades by water erosion processes. Without such water erosion processes the
pollutant potential is maintained in the long term. Release from the aftercare phase would thus
only come into question if it can be assumed that the surface sealing system is permanently
impermeable or only such a small pollutant load is released into the subsoil via the leachate that
it does not result in an adverse impact on the groundwater. Relevant quantities of landfill gas
should no longer be emitted in the case of such landfills.

Re Article 10:
Paragraph 1(1)(1) in conjunction with Annex 1 point 2 summarises the requirements pursuant to
Article 12(3) and (5) of the valid Landfill Ordinance and renders them more flexible in respect of
the possibilities for designing the surface sealing system. The possibility so far for the authority
under Article 12(1) of the valid Landfill Ordinance to order decommissioning of a landfill has
not been taken over in the absence of suitable legal grounds.
                                               98


Paragraph 1 sentence 1 point 2 in conjunction with Annex 2 point 2 specifies the
decommissioning requirements of an underground landfill. The recommendations referring to the
protection measures represent the state of the art.
Paragraph 2 takes over the requirements for final closure according to Article 12(4) of the valid
Landfill Ordinance.

Re Article 11:
According to paragraph 1, the landfill operator must perform all measures during the aftercare
phase which are necessary to prevent risks and adverse effects on public welfare. These
measures are largely set out in Article 12. It ought to be a matter in particular of measures with
whose assistance the long-term safety measures taken can be tested and monitored. Furthermore
of measures such as the monitoring of the emissions resulting from the landfill, the notification
of the competent authority via determined deleterious effects of the landfill on the environment
and the implementation of necessary measures for protection from environmental risks.
Paragraph 2 sentence 1 point 1 determines in conjunction with Annex 5 point 10 the conditions
according to which the competent authority can release a surface landfill from the aftercare
obligations. Paragraph 2 sentence 1 point 2 determines in conjunction with Annex 2 point 4 the
conditions according to which the competent authority can release an underground landfill from
the aftercare obligations.

Re Article 12 Actions to monitor, reduce and prevent emissions, nuisances and hazards
In Article 12 the requirements for the monitoring of emissions from the landfill and for measures
to mitigate the risks according to the state of the art for the depositing, decommissioning and
aftercare phases. Article 12 transposes the corresponding provisions of Annex 12 and Annex I
and III of the Landfill Directive. Details are determined in Annex 5. Article 12 summarises the
corresponding requirements of Articles 9 and 11 of the valid Landfill Ordinance. The exception
for class 0 landfills according to Article 9(4) of the valid Landfill Ordinance was not taken over
because the Landfill Directive does not provide any corresponding possibility of exceptions for
this.

Paragraph 1:
The assessment of groundwater damage is the task of the water legislation. In view of this, the
competent authority determines trigger levels based on Article 34 of the Water Management Act
(Wasserhaushaltsgesetz). In future, determination should be on the basis of the planned
Groundwater Ordinance which will transpose the Groundwater Directive. Insofar as Article 9(1)
of the valid Landfill Ordinance exempts class IV landfills from this requirement, the exception
was not taken over; Article 3(5) of the Landfill Directive does not permit such an exception for
an underground landfill.

Paragraphs 2 and 3:
To establish that no damaging emissions come from the landfill, and that the landfill is behaving
as planned, groundwater measuring points and other measuring equipment need to be installed
before the disposal phase and maintained constantly. This equipment is to be used for regular
inspections. The results of the measurements and inspections are to be analysed and documented.
In class 0 landfills and mono-landfills, the competent authority may permit easing of the
conditions regulating the regular measurements and inspections, as well as in the handling of
leachate, landfill gas and other nuisances. Because of the special geological, operational and
other framework conditions entailed by an underground landfill, certain requirements which are
obligatory for surface landfills do not have to be implemented in the class of landfill.
                                                 99



Paragraph 4:
Exceeding the fixed trigger levels must result in the landfill operator checking whether steps are
necessary to remove the detected adverse effects on soil or groundwater. He must describe such
measures in action plans. This also entails that the competent authority should be informed of all
adverse effects on the environment that are noticed. This is designed to allow the authority an
opportunity to arrange and implement the necessary steps. This approach implements Article
9(c) and Annex III point 4 B, footnote 3 of the Landfill Directive.

Paragraph 5:
Sentence 1 takes over the content of Article 11(4) of the valid Landfill Ordinance. The
competent authority is to be capable of ordering emission controls, implementing the
precautionary principle in respect of the landfill operator, if it is feared that the landfill is the
cause of a hazardous impact on the environment. Sentence 2 takes over the content of Article
11(5) of the valid Landfill Ordinance. Ordinances exist in various Länder concerning monitoring
to be performed by landfill operators. Under Article 36c(6) of the Closed Substance Cycle and
Waste Management Act, these rules directly apply to landfill operators only continued in force
until the current Landfill Ordinance came into effect. To prevent these provisions with relevance
for enforcement having to be imposed for every single licensing procedure, the Länder had been
granted clear legal authority so that they could make specific arrangements in a form that was
binding on third parties. This authorisation is to remain in force because the Federal Government
still does not intend to make a definitive national ruling that will have the effect of blocking
legislation promulgated autonomously by the Länder in accordance with Article 72 of the Basic
Law.
                                                100


Article 13 - Information and documentation
As currently in Article 10 of the valid Landfill Ordinance, Article13 deals with the obligations of
the landfill operator concerning information and documentation.
Article 13 transposes the corresponding provisions of Article 11 of the Landfill Directive.

Paragraph 1:
The landfill operator must prepare operating instructions and an operating manual. Obligations
for the provision of information to the authorities are also specified.

Paragraph 2:
To be able at any time to trace which waste has been deposited in which part of a landfill cell
and when this took place the landfill operator must keep a waste register. In the case of mono-
landfills, exceptions to this rule on keeping a waste register are allowed under certain conditions.
Operators of inert waste landfills are not obliged to keep a waste register because of the low
relevance of inert waste to pollutants.

Paragraph 3:
The landfill operator must keep an operating journal. To make it easier to research the
background to unforeseen events which occur later, the operating journal must be kept until the
end of the aftercare phase.

Paragraph 4:
Paragraph 4 ensures that the competent authority is informed of all adverse effects on the
environment or operating disruptions that come to light. This is designed to allow the authority
an opportunity to arrange and implement the necessary steps. Sentence 4 takes over the content
of Article 9(2) of the valid Landfill Ordinance.

Paragraph 5:
Annual reports are primarily designed to present a record of the landfill operations in a set of
summarising documents and to include the analysed emission measurements relating to an
annual period. The statement concerning operation of a landfill as incorporated in its annual
report also serves to help the competent authority monitor proper operation of the landfill
(precautionary principle). Paragraph 5 takes over the specifications of Article 10(1) sentence 3
and Article 10(4) of the valid Landfill Ordinance.
To avoid the enforcement-level provisions on the content and presentation of the annual reports
having to be imposed during every licensing procedure, the Länder had been granted specific
legislative authority to make more detailed arrangements in a form that was binding on third
parties. This authorisation is to remain in force because the Federal Government still does not
intend to make a definitive national ruling that has the effect of blocking legislation promulgated
autonomously by the Länder in accordance with Article 72 of the Basic Law.

Paragraph 6:
Under paragraph 6 an inventory is to be drawn up for each landfill cell once it has been filled.
The inventory is to present the information from the waste register and on the technical barriers
installed in particular that have been implemented to protect the groundwater and the
environment before operating the landfill site, during its operation and on its decommissioning.
This provision corresponds to sentence 1 of Article 12(2) of the valid Landfill Ordinance.
                                               101


Re Part 3 - Recovery of landfill replacement construction materials
Part 3 transfers the requirements of the Ordinance pertaining to the Recovery of Waste at Surface
Landfills to this Ordinance.

Re § 14 - Principles
Paragraph 1:
Based on Article 7(1)(1) and (4) and Article 12(1) of the Closed Substance Cycle and Waste
Management Act, paragraph 1 defines the criteria to be observed when landfill replacement
construction materials are used in a landfill for particular applications as defined in Article 15.
The prerequisite is the landfill replacement constructions materials may only be used if such use
does not adversely affect public welfare during the construction, operation, decommissioning
and aftercare of the landfill concerned. From the criteria governing the admissibility listed in
Article 3(1) of the Ordinance pertaining to the Recovery of Waste at Surface Landfills one
especially important criterion is taken over which states that landfill replacement construction
materials may only be used in quantities that are absolutely essential for the particular
application as judged according to the state of landfill technology. The other criteria given in
Article 3(1) of the Ordinance pertaining to the Recovery of Waste at Surface Landfills are not
included because they are already guaranteed implicitly by the operating and technical
specifications prescribed within this Ordinance.

Paragraph 2:
Paragraph 2 summarises the prohibitions in accordance with Article 3(2) and (3) of the
Ordinance pertaining to the Recovery of Waste at Surface Landfills. Paragraph 2 also serves to
take account of the corresponding ban on landfilling according to Article 5(3) of the Landfill
Directive and guarantees its corresponding transposition for the waste recovery area at a landfill.
Under point 1 the same exclusion criteria apply to the use of landfill replacement construction
materials which have to be observed in the depositing/disposal of waste at a landfill.
Point 2 serves to most the requirements of the Closed Substance Cycle and Waste Management
Act for the best high-value recovery possible (Article 5(2) and (5) point 2). The text comes from
Article 3(3) of the Ordinance pertaining to the Recovery of Waste at Surface Landfills. Point 2
counters the evasion of the comparable provision in the Ordinance on Underground Landfills.
Waste which reaches the fixed levels of metal content set forth therein is to be treated and
smelted in place of ores.

Paragraph 3:
The same acceptance are stipulated for the use of landfill replacement construction materials as
stipulated in the case of waste destined for disposal.

    Article 15 - Applications and classification
On the basis of Article 7(1) points 1 and 4 of the Closed Substance Cycle and Waste
Management Act, Article 15 sets out material specifications for the waste used as landfill
replacement construction material and for its use for building activities during the construction,
storage and decommissioning phases. The permissible areas of application are determined in
Appendix 3 point 1. The classification criteria result from Annex 3 point 2 where profiling
represents a special area of application. Some existing landfills which need to be, or have been,
decommissioned on grounds of the requirements in the Waste Storage Ordinance, do not have
the basic structure necessary for proper sealing (even surface profile with adequate gradient,
consideration of subsidence resulting from superimposed loads and through excavation). As
already permitted by Article 4(2) of the Ordinance pertaining to the Recovery of Waste at
Surface Landfills, landfill replacement construction materials are also to be permitted to be used
                                                 102


in the profiling of the landfill surface. The prerequisites are specified in more detail in points 1
and 2.

    Point 1:
In accordance with Article 4(2)(1) of the Ordinance pertaining to the Recovery of Waste at
Surface Landfills, the use of landfill replacement construction materials was only permitted if the
landfill was fully within the decommissioning phase. Once the transitional periods of the Waste
Storage Ordinance and Landfill Ordinance have lapsed, it is to be assumed that landfill operators
of any existing landfills will have to decide, in the interim, whether the landfill in question or just
individual cells of that landfill is/are to be decommissioned. By opening the profiling on
individual landfill cells the landfill operator will gain an opportunity to prepare the surface form
necessary for construction of the surface barrier system more rapidly than when exclusively
using suitable disposal waste or without using raw materials.

    Point 2:
The requirement set forth in Article 4(2)(2) of the Ordinance pertaining to the Recovery of
Waste at Surface Landfills is retained. The intended use of landfill replacement construction
materials must actually also be necessary to the extent envisaged. Here it is necessary to check,
for example, whether the masses required for profiling cannot be minimised through a choice of
altered gradients or surface structures (e.g. shed roof profile) or reducing the size of the
remaining area released for disposal or by moving waste which has already been deposited.

Article 16 - Placing on the market of waste
On the basis of Article 7(1)(4) of the Closed Substance Cycle and Waste Management Act, the
permission to place waste on the market as landfill replacement construction material is
restricted to bringing it to treatment facilities which produce material complying with the
requirements for a particular use on a landfill. This permission to market waste is also restricted
to landfills on which the requirements for the particular application are adhered to.

Article 17 - Acceptance procedures and documentation
On the basis of Article 36c(1)(5) of the Closed Substance Cycle and Waste Management Act,
Article 17 specifies the requirements for acceptance inspections and documentation of the
orderly, harmless recovery of landfill replacement construction materials. Article 17 transfers the
requirements of Article 6 of the Ordinance pertaining to the Recovery of Waste at Surface
Landfills to this Ordinance. Since the landfill operator and the operator of facilities for the
manufacture of landfill replacement construction materials are both obliged, under Article 24 of
the Ordinance on Waste Recovery and Disposal Records, to record the waste-specific details on
a register, Article 17(2) and (3) include the obligation also to record the origin of the waste in
the register. This serves deregulation.


Re Part 4 - Other provisions
Re Article 18 - Provision of security
The requirements of Article 18 apply to all landfills and, taking account of Article 23 of the
present Ordinance, long-term storage facilities as well. Article 18 mainly takes over the
requirements according to Article 19(2) to (6) of the valid Landfill Ordinance. Article 18
transposes the provisions under Article 7(i), Article 8(a)(iv) and Article 10 of the Landfill
Directive.
                                                  103


Paragraphs 1 and 2:
The provision of security is meant to ensure compliance with all obligations pertaining from the
landfill licence. The provision of security is intended to provide precautionary cover for the full
amount of any liabilities arising in the future. Fixing a security therefore requires a forecast of
the decommissioning and aftercare costs that are to be expected. The funds used as security must
be chosen so that the furnishing of such security is not exposed to free access by the debtor or
third party in insolvency proceedings or the time before such proceedings. With regard to the
less dangerous input of a class 0 landfill, it has to be assumed that in this class of landfill a stable
aftercare phase will commence earlier than for other classes of landfill and the landfill will also
be able to be released from aftercare procedures earlier than others. In this context it is therefore
justifiable when setting the level of security to take into account a shorter aftercare period of 10
years.
Article 18 does not contain any concrete specifications of the form or amount of financial
security to be provided. Reference is therefore made to Article 232 of the Civil Code. According
to this, the amount of the security may be paid particularly by depositing money or securities,
pledging receivables or moveable articles or by furnishing mortgages. As an alternative, the
security can be provided through a corporate suretyship, a guaranty or another payment
undertaking from a financial institution, but also by depositing money by way of the
corresponding formation of reserves or a corporate suretyship. It is important that the security
must fulfil the desired purpose of the security at any time. For this it must also be remote from
the power of disposal of the legal entity providing the security.
In the event that a surety is provided, it should be noted that other (private) creditors of a landfill
operator in the context of insolvency proceedings may basically not be satisfied from any
suretyclaim provided in favour of the public sector.
Operating provisions permitted under Article 19(4) of the current Landfill Ordinance shall only
be accepted now in the context of the clause on the protection of assets contained in Article
26(2). They are only to apply to the proportionate potential expenses/risks entailed by waste
already deposited. Operating provisions are regularly removed from the security provider's
power of disposal. There are no rights acting externally but only internally acting obligations
which are subject to the law of obligations. A direct transfer of the provisions with cash or other
assets is unnecessary and also not customer in actual practice. This means that provisions to be
formed under commercial law are not suitable in the case of insolvency for guaranteeing separate
satisfaction, as also the Federal Administrative Court ruled with 7 C 50.07 of 26 August 2008.
Furthermore, it has to be observed that the formation of provisions is normally undertaken from
year to year in part-amounts, so that in total as well in most cases the necessary amount of
security would not be reached at the beginning, but only towards the end of the disposal phase.
Therefore there is insufficient guarantee the costs of landfill operations, the decommissioning
phase or aftercare in case of insolvency can be borne out of the provisions.

Paragraph 3:
Since the technical development for the cited measures and the costs incurred on the basis of
changing technical requirements cannot be accurately predicted, the security is to be verified at
intervals in respect of its fulfilment of the intended purpose.
Paragraph 3 also makes it clear that the security must be released in total at the latest on the date
the landfill or long-term storage facility has been released from the aftercare phase because the
final purpose of providing the security has been achieved at this point.

Paragraph 4:
                                                104


A public corporation may operate a landfill directly or through its own separate enterprise.
Exemption from the obligation to provide security appears appropriate for these types of
operator, because in the case of public corporations there is no risk of insolvency because of the
general guarantee obligations of the Federal Government, the Länder and the local authorities.
This also applies to other forms of public organisation with which the public authorities in
charge of waste disposal fulfil their obligations. The existing legal arrangements (laws of the
Länder, company law, etc.) guarantee that the particular public aim of this institution is
safeguarded and the sponsor of such facilities determine their purpose and their tasks, capital
resources and commercial management.

Article 19 - Application, notification
Article 19 prescribes, while referring to Article 31(2) and (3) of the Closed Substance Cycle and
Waste Management Act, that a written application must be submitted to the competent authority
for the construction, operation and substantial modification of any landfill and must specify the
information and documentation to be supplied therewith.
A substantial modification to a landfill may also denote measures which the landfill operator is
obliged by the competent authority to carry out pursuant to Article 36(2) of the Closed Substance
Cycle and Waste Management Act and which he must describe in supplementary documentation.
 The parties in question are referred to in accordance with the statutory requirements in
paragraphs 1 and 2 as the "project initiator" and in paragraph 3 as the "landfill operator". Article
19 takes over the requirements pursuant to Article 20 of the current Landfill Ordinance apart
from those in points 1, 2, 3 and 12.
Article 19 transposes the corresponding provisions of Article 7 of the Landfill Directive.

§ 20    Transboundary participation of institutions and of the public
Article 20 takes over the requirements according to Article 21 of the current Landfill Ordinance.
On the basis of sentence 1 of Article 34(2) of the Closed Substance Cycle and Waste
Management Act, the provision transposing Article 17 of Council Directive 96/61/EC of 24
September 1996 concerning integrated pollution prevention and control, OJ EC No L 257, p. 26,
of Article 7 of Council Directive 97/11/EC of 3 March 1997 amending Directive 85/337/EEC on
the assessment of the effects of certain public and private projects on the environment, OJ EC No
L 73, p. 5, as well as of the Convention on Environmental Impact Assessment in a
Transboundary Context of 25 February 1991, promulgated in the law of 7 June 2002, as well as
the amendment of the Convention adopted on 27 February 2001 at the second conference in
Sofia, Federal Law Gazette I, p. 1406. Article 20 states that transboundary participation is
necessary if a project may have effects on a neighbouring country or another country seeks
participation. The further requirements relevant to procedures are determined by referring to the
corresponding requirements of the 9th BImSchV in the present Ordinance. These requirements
refer in particular to the setting of an appropriate time limit, the method of disclosing the project
and the representation of further salient information on said project.


Re Article 21 - Decisions by official authorities
Under Article 34 of the Closed Substance Cycle and Waste Management Act, Article 72 – 78 of
the Administrative Procedures Act find application for the plan approval procedure. Under
Article 75(1) of the Administrative Procedures Act, the plan approval determines the
permissibility of the project as well as of the necessary follow-up measures in respect of other
facilities in view of all matters it affects. In addition to these procedural rules for the licensing
procedures, the minimum content established in the plan approval decision, the planning
permission, a modification approval or a decommissioning approval is specified in more detail in
Article 21. Article 21 takes over the requirements according to Article 22(1) to (3) of the valid
                                                105


Landfill Ordinance. Article 22(4) of the current Landfill Ordinance has not been incorporated
because it duplicates the provision in Article 36(2) of the Closed Substance Cycle and Waste
Management Act.
Paragraph 4 makes it clear that in the course of determining the facts as per Article 24 of the
Administrative Procedures Act to prepare the official decision, the competent authority may
cause parts of, or the entire, application documentation to be verified by an expert; this serves to
ease the burden on the authority. The basis of authority is to be found in sentence 1 of Article
34(1) of the Closed Substance Cycle and Waste Management Act.
The requirements set out in Article 21 transpose the provisions of Article 9 of the Landfill
Directive within the present Ordinance.

Re Article 22 - Verification of official decisions
Article 22 takes over the requirements according to Article 23 of the current Landfill Ordinance.
The purpose of this requirement, while specifying more concretely the provisions in Article 13 of
the Directive concerning integrated pollution prevention and control and according to Article 11
of the Groundwater Ordinance, is regular verification with the aim of establishing whether the
state of the art in landfill engineering has altered such that it is now essential to amend the
official decisions governing the construction and operation of landfills.
Under Article 11 of the Directive on protecting groundwater licences for this must be verified at
least once every four years.


Re Part 5 - Long-term storage facilities
The Landfill Directive incorporates long-term storage facilities although no special exceptions
from the operational, technical or other requirements are provided for such storage facilities.
Under sentence 2 of Article 7(4) of the Federal Pollution Control Act, the Federal Government is
empowered to establish the same requirements for long-term storage facilities as for landfills.
Articles 23 to 25 implement these provisions. Articles 23 to 25 take over the requirements of
Articles 16 to 18 of the current Landfill Ordinance taking account of the exemption provision in
Article 1(3)(6).

Re Article 23 - Installation and operation
Installation and operation as a long-term storage facility is contingent upon adherence to all the
requirements regarding site, geological stratification and bottom liner system in particular which
pertain to the respective classes of landfill and applying them to the respective classes of long-
term storage facility. The ban on depositing as per Article 7(1) of the current Landfill Ordinance
is expanded so that now liquid waste as well as used tyres are excluded from the long-term
storage option. The exception to this in Article 1(3)(5) is sufficient for cases in which the
designated types of waste have to be temporarily stored over the long term before being
recovered/recycled. Before disposal, it is not justifiable on grounds of sustainable disposal to
permit such storage and, moreover, it is not advisable. Only in the case of the storage of liquid
mercury waste, which is permitted under Article 3 of the planned Regulation of the European
Parliament and of the Council on the banning of exports and the safe storage of metallic
mercury, is an exception formulated for long-term storage facilities of classes III and IV. The
exception takes over the terms which Article 3 of the planned Regulation will include. The
Regulation is shortly to be published in the Official Journal of the European Union.
Since for the proper operation of a long-term storage facility it is critical that waste is not just
accepted, but also disposed of in similar quantity, waste is excluded from storage for which no
proof of the subsequent disposal can be presented.
                                                 106



Re Article 24 - Decommissioning and aftercare
The main conditions for decommissioning a long-term storage facility are already set out in
Article 5(3) of the Federal Pollution Control Act. This is specified in more detail to the extent
that the competent authority may require that any decommissioning measures undertaken are
verified by an external expert. The involvement of an external expert is designed to simplify the
work of control by the authority in particular. However, this involvement is only to take place in
case of concern about a damaging effect on the environment or other dangers. The legal basis for
this is found in Article 7(4) of the Federal Pollution Control Act.
On presentation of the proof of proper environmentally compatible disposal of stored waste and
proof that all the necessary decommissioning measures have been carried out, the facility's
operation can be brought to an end and the long-term storage facility released from aftercare in
the sense of the Landfill Directive.

Re Article 25 - Exemption
The exception for a longer duration of storage contained in sentence 2 of Article 1(3)(6) of the
current Landfill Ordinance, which depends on an official decision, is incorporated as Article 25
on grounds of the legal system. With this provision a long-term storage before a subsequent
recovery measures is permitted without having to apply the material and other requirements of
the present Ordinance.

Re Part 6 - Final provisions
Part 6 contains the final provisions of the Ordinance.

Re Articles 26 and 27 - Provisions regarding existing landfills
Articles 26 and 27 govern the requirements on the operators of landfills which are in the disposal
or decommissioning phase at the time the Ordinance comes into effect for adjustment to the state
of the art established in the present Ordinance. These landfills are governed by the requirements
of the Waste Storage Ordinance and the current Landfill Ordinance. It has to be assumed that
these landfills comply with the state of the art as established in the cited ordinances. In particular
it is ensured that landfills which do not conform with the state of the art must be
decommissioned by 15 July 2009 at the latest, corresponding to the provisions of the Landfill
Directive governing existing landfills. It should be observed that according to the current
Landfill Ordinance only the entire landfill and not individual landfill cells could be finally
decommissioned.
Article 14 of the Landfill Directive prescribes that operational landfills should be modified to
comply with the standards established in the Directive or decommissioned by 15 July 2009 at the
latest.

Re Article 26 - Landfills during the disposal phase
Paragraph 1:
Existing landfills or cells of such landfills which are in the disposal phase may legitimately only
be operated if they either meet all the requirements of the valid Landfill Ordinance or of the
Waste Storage Ordinance, in conjunction with the requirements of the Ordinance pertaining to
the Recovery of Waste at Surface Landfills, the landfill operator has notified this to the
competent authority by 1 August 2003 at the latest or if the landfill operator had filed an
application for retrofitting and continuation of the operation by this date. Operation after 15 July
2009 is only to be permitted according to the valid regulations if the landfill is in compliance
with all requirements regarding the state of the art. Exceptions are only envisaged in the case of
requirements relating to the site and the geological barrier. In case the geological barrier does not
                                               107


comply with the standard requirements, other measures must be used to provide a comparable
protective effect.
Since such landfills comply with the state of the art and adhere to the requirements of the
Landfill Directive, a legal plan approval under Article 31(2), planning permission under Article
31(3) or a decree under Article 35 or Article 36(2) of the Closed Substance Cycle and Waste
Management Act is to be sufficient to allow further operation. It is also appropriate to focus on
legally established administrative acts because the time span between notification according to
the valid Landfill Ordinance or the application for retrofitting and continued operation to be
submitted to the competent authority and the coming into effect of this Ordinance is sufficient
for a legally established decision on this.
However, the "new" acceptance process is also applied to existing landfills in order to guarantee
a standard acceptance procedure nationally and to minimise distortions of the competition
because of different fundamental duties of the waste producers and landfill operators.
Insofar as the valid Landfill Ordinance or the Ordinance pertaining to the Recovery of Waste at
Surface Landfills provides for the classification criteria to be exceeded in the case of DOC for
class II landfills, where hazardous waste is deposited in them, DOC for class III landfills, and
TOC and ignition loss for class III landfills, these possible exceptions are not taken over as
grandfathering clauses. The classification values according to Annex 3 point 2 must instead be
adhered to taking into account the exceptions cited in the footnotes. Where this represents
increased stringency compared with the status quo, Article 30(2) provides for a transitional
arrangement.

Paragraph 2:
In paragraph 2 it is guaranteed that payments of security set according to the current Landfill
Ordinance do not lapse. This provision applies not just to landfills in which security, and also a
operating provisions, were specifically recognised in the corresponding decisions. Paragraph 2
instead includes all security which has been legally established under valid law. This security is
to retain validity, especially since there are no real changes regarding the amount of security to
be furnished based on the new legal situation.

Paragraph 3:
In the case of existing landfills or existing landfill cells on which domestic waste, commercial
waste similar to domestic waste, sewage sludge and other waste with a high organic content has
been deposited, paragraph 3 opens up the possibility of erecting a temporary cover until the
major subsidence has abated. Once this major subsidence has abated, a surface sealing system
may be applied. This requirement takes over the content of Article 14(7) of the valid Landfill
Ordinance.

Paragraph 4:
If domestic waste, commercial waste similar to domestic waste, sewage sludge and other waste
containing large organic components has been deposited on existing landfills in the past, the
competent authority must permit measures designed to improve the long-term characteristics of
the landfill. More recent findings from a number of research projects show that the treatment
options can be made more flexible. Since leachate can also usefully be employed for targeted
wetting, an exception from the ban on disposal pursuant to Article 7(1)(1) is made. Since it is
still established that such measures are of advantage, particularly from the long-term viewpoint,
this option is formulated to be of a more compulsory nature for the authority.
                                                108


Through point 1a wetting is permitted if the landfill has an enclosure and water management
instead of a bottom liner. The other conditions have been taken from Article 14(8) of the current
Landfill Ordinance.
Point 2 adds a further option of ventilating the landfill body. The prerequisites for ventilation
derive from a project promoted by the Federal Ministry for Education and Research featuring the
accelerated aerobic in situ stabilisation of the old Kuhstedt landfill in order to reduce costs and
aftercare.

Re Article 27 - Landfills during the decommissioning phase
Landfills decommissioned after 16 July 2001 (time limit for transposing the Landfill Directive
into national law) must comply with the state of the art according to the valid Landfill
Ordinance, and where appropriate in conjunction with the requirements of the Ordinance
pertaining to the Recovery of Waste at Surface Landfills. This latter Ordinance is at least as strict
as the Landfill Directive. It also covers landfills which according to Article 14(6) of the valid
Landfill Ordinance have been decommissioned before time and for which other suitable
measures than the standard surface sealing system guarantee public welfare. Where legal
decisions apply to the decommissioning and aftercare phase, these are to be allocated long-term
protection. Only in case deviating requirements for particular inspection and monitoring
measures and for information and documentation purposes have been established in these
licences do the specifications according to Article 12(3) to (5) and Article 13(3) to (6) become
law which is to take precedence
It has to be observed that certain landfills which are currently in the decommissioning phase are
already excluded from the scope of application under Article 1(3)(3) of this Ordinance. With
regard to the stipulation according to which a final decision has to be made regarding the
necessary administrative act (Verwaltungsakte), the content of Article 26(1) applies.

Re Article 28 - Operational long-term storage facilities
In Article 28 the conditions are formulated under which a temporary storage facility operating at
the time the Ordinance comes into effect may continue in operation as a long-term storage
facility. The time limit serves to transpose Article 14 of the Landfill Directive for long-term
storage facilities.

Re Article 29 - Administrative offences
The administrative standards and associated rules on fines are defined in Article 29. According
to the terms on penalties outlined in Article 61(3) of the Closed Substance Cycle and Waste
Management Act, breaches of administrative rules may be prosecuted with fines of up to fifty
thousand euros. Paragraph 1 establishes the rules on fines for landfills and paragraph 2 for long-
term storage facilities.

Re Article 30 - Transitional provisions
The transitional provisions adopted in Article 30 are to permit deviations from various rules of
the present Ordinance on grounds of reasonableness.

Paragraph 1:
With paragraph 1 the further use of such components is permitted whose suitability has been
established by expert opinion for the listed sealing components in the framework of a
grandfathering clause which is restricted to one year. This primarily focuses on plastic sealing
sheet which has a licence from the BAM Federal Institute for Materials Research and Testing
                                                109


because the responsible authorities in the Länder in recent years have regularly only recognised
plastic sealing sheet licensed by the BAM as state of the art.

Paragraph 2:
A broad grandfathering clause is provided in Article 26. Regarding the acceptance of waste, only
the exceptions to the depositing of waste are not incorporated which do not comply with the
classification criteria for total organic content and DOC. This concerns the depositing of specific
bulk waste on mono-landfills or mono-landfill cells of class III, which have been approved
according to sentence 3 of Article 6(5) of the valid Landfill Ordinance. For these cases the
transitional provision in paragraph 2 permits deposition for a limited period.


Re Annex 1 - Requirements for site, geological barrier, bottom liner and surface sealing
systems of class 0, I, II and III landfills
Annex 1 contains the requirements for site, geological barrier, bottom liner and surface sealing
systems of class 0, I, II and III landfills. The annex thus transposes the requirements according to
Annex I, sections 1, 2 and 3 of the Landfill Directive. In this the requirements prescribed by the
Landfill Ordinance and the Waste Storage Ordinance are taken up but rendered more flexible in
respect of site-related decisions and selection of surface sealing system. Factors to be taken into
account for the selection of landfill sites are given in point 1.1. The minimum requirements for
the geological barrier, particularly the criteria under which the top layer of the geological barrier
can be completed and repaired are prescribed in point 1.2. The rule assumes that the geological
barrier is basically prescribed as geogenic, but does not exclude that the sites are
anthropogenically altered, for example by filled or partially filled former open-cast mining areas,
in which the filling complies with the quality requirements of an extensive barrier.

Re 1.1:
The requirements in point 1.1 determine the factors that need to be taken into account in the
choice of a landfill site. They relate to the natural geological and hydrogeological conditions of a
site including the distance from the groundwater table, protected areas and those worthy of
protection such as, for example, drinking water and medicinal spring protection areas, as well as
a sufficient distance between the landfill and sensitive areas such as, for example, residential
areas. In addition risks from natural events are to be considered for the landfill structure such as,
for example, earthquakes, floods or collapse sinks. The factors listed by way of examples are not
definitive. They are oriented to the stipulations of point 1.1 of Annex I to the Landfill Directive
and point 10.3.1 of the Technical Guidelines on Municipal Waste (TA Siedlungsabfall).

Re 1.2:
Here four concrete requirements are listed which the landfill subsoil has to fulfil.
Point 1 refers to the load-bearing ability of the subsoil. Deformations through the superimposed
weight of waste must not lead to damage to seals and drainage equipment.
Point 2 requires a subsoil which prevents a possible dispersion of the pollutants through its low
permeability, thickness and homogeneity as well as its ability to retain pollutants and protects the
groundwater from contamination and adverse changes. This means that the subsoil is to act as a
geological barrier and where necessary retain pollutants. This does not apply to landfill class 0 as
well because basically no bottom liner is installed in such landfills.
Point 3 contains special minimum requirements of the upper layer of the geological barrier with
regard to water permeability and thickness. If these requirements are not met by the natural
                                                110


properties, they may also be achieved by means of technical measures as according to point 3.2
of Annex 1 of the EC Landfill Directive when these lead to a comparable protective effect. A
minimum thickness of 0.5 m is prescribed for technical measures.
In case the site of an existing landfill does not meet these minimum requirements in the context
of expansion planning although the site is to be kept because of other considerations, the
possibility is offered in point 4 for a non-existent geological barrier to be replaced through
technical measures - with a greater thickness than required by point 3. An expansion may be a
significant alteration to an existing landfill but also it may be the new licensing of a landfill in
close proximity to the previous site. In this case, the important criterion is that the new licence
can be viewed as an extension of the previous landfill operation. This is regularly contingent
upon the same landfill operator and the same waste.

Re 2:
Point 2 contains general requirements for sealing systems including the requirements of the state
of the art and special requirements applicable to the bottom liner and surface sealing systems.
Criteria and mechanisms of action determining the state of the art are stipulated.

Re 2.1:
Sealing systems for landfills may only be employed if they comply with the state of the art, since
the protection of soil and groundwater depends to a significant extent on the effectiveness and
permanency of these systems. To be able to guarantee this state of the art throughout Germany,
only geoplastics, polymers and seal control systems for convection barriers may be used which
have been approved by BAM. In addition, serially prefabricated or licensed and standardised
different construction materials, sealing components and sealing systems may be used. As a
factor of the particular landfill project the competent authority in each case shall check
adherence to the requirements for state of the art and thus suitability for the actual application.
On this expert opinions are regularly to be submitted by the project initiator. The work of
demonstration and testing may perhaps be reduced if for individual sealing components or
materials standard, nationally harmonised requirements are present, such as have already been
drawn up by a BAM working party for a series of products in the course of its work.
To comply with the rules of the harmonised European standards in the context of Council
Directive 89/106/EEC of 21 December 1988 on the approximation of laws, regulations and
administrative provision of the Member States relating to construction products (OJ EC No L 40,
p. 12), standardised sealing components are also approved through harmonised technical
specifications according to Directive 89/106/EEC as an alternative to the aforementioned
specifications. In the latter case, however, the prerequisite is that the performance characteristics
of the European technical specifications for the envisaged purpose fully take into account the
state of the art, as described in point 2.1.1. In particular the fulfilment of the functions to be
demonstrated in point 2.1.1 over at least 100 years or 30 years respectively of the components is
to be demonstrated to this end. Among the further requirements are those for stability, above all
for resistance to slippage of the sealing layers on the slopes and after constructing test fields
under construction site conditions to demonstrate the ability to manufacture.
The quality of the seals is to be planned and monitored. The steps and responsibilities entailed by
this are to be set down in the quality management plan. The previously tried and tested three-
stage quality testing and monitoring by manufacturer, external tester and authority is retained.

Re 2.1.1:
The requirements in point 2.1.1 specify 12 actual criteria and requirements which have to be
considered in licensing geoplastics and seal control systems as well as establishing suitability or
                                                 111


licensing other construction materials, sealing components and sealing systems. They guaranty
adherence to the state of the art of sealing systems taking into account site-specific
circumstances.
For plastic sealing sheet tested and licensed by BAM for landfill use there are model forecasts
encompassing a period of well over 100 years. Also for other sealing components which have
started to be used in the meantime there are long-term safety forecasts for a comparable period.
A term of 100 years as a demonstration must therefore represent state of the art. Insofar as
monitoring systems are used for convection barriers, due to the systems they above all have the
function of checking the installation of the components and the initial disposal phase with the
subsidence that is still taking place. For this it is sufficient for the monitoring system to be
demonstrated to function for at least a period of 30 years. The tests for suitability for the
construction elements, the manufacturing and quality management for the sealing systems and
their components, the recommendations of work group (Arbeitskreis) 6.1 - Geotechnik der
Deponiebauwerke - by Deutsche Gesellschaft für Geotechnik e.V. are used in carrying out the
site exploration, planning and layout of the individual components of the landfill structure.

Re 2.2:
In point 2.2 special requirements are stipulated for the upper layer of the geological barrier and
of the bottom liner system which supplement the general requirements for sealing systems
according to point 2.1. The combination of a geological barrier and bottom liner is responsible
for permanently protecting the soil and groundwater. In the case of the bottom liner of class II
and III landfills, the proven concept of a combination seal is retained which consists of a
convection barrier (welded plastic sealing sheet or similar) over an at least 50 cm thick mineral
sealing component with prescribed coefficient of permeability. The requirements for the
extensive basic drainage are sufficient to comply with those of point 3.3 of Annex I of the
Landfill Directive. In the case of inert material landfills, the drainage layer may be omitted
according to footnote 3 to Table 1.

Re 2.3:
In point 2.3 special requirements are prescribed for the surface sealing system which add to the
general requirements for sealing systems in point 2.1.
The expression "surface sealing system" is retained, including for those instances in which no
impermeable component is attached or a barrier for reducing leachate is provided by means of a
water balance layer.
When two sealing components are necessary, these should, if possible, consist of different
materials in order to offer higher resistance to hazardous effects, but it is possible to deviate from
this.
If in a restoration layer as part of the surface sealing system a soil layer is constructed through
which roots are able to grow, the stipulations of Article 12 of the Federal Soil Protection and
Contaminated Sites Ordinance (BBodSchV) are to be determining regarding the permissible
material. The values for the utilisable field capacity are derived from the pedological viewpoint.
They mean that the plants are adequately supplied with water by which means there is a higher
level of evaporation, thus protecting the seal from root penetration. The minimum thickness of
the restoration layer of 1.0 m is retained.
If the restoration layer in optimised form takes over the function of a water balance layer, a
greater thickness and higher utilisable field capacity are necessary and the permissible quantities
of seepage is limited. An option for deviation is given for sites with low levels of precipitation.
In the case of just weak residual gas generation, the restoration layer can also serve as a methane
oxidation layer.
                                                112


If the landfill surface is put to a different use, for example for traffic, the same material
requirements are to apply to the built-in material which are complied with outside the landfill
site. If the precipitation water seeping through the technical function layer technical functional
layer is collected and discharged through the drain system, this water it to be capable of being
directly discharged in order not to adversely affect a release of the landfill from aftercare. The
protective function for the underlying sealing is also to be considered.
Table 2 describes the individual components necessary for the system. Special requirements are
formulated in the six footnotes.
According to footnote 1 the compensatory layer may, if required and suitable, also take over the
function of a gas drainage layer.
Footnotes 2 and 3 cover the requirements for residual permeability of the seals on landfills for
hazardous and non-hazardous waste at different heights. In addition to the well proven
coefficient of permeability, in the case of materials whose effectiveness cannot be described by
this coefficient, the actual through-flow (to be demonstrated) is restricted. This is currently only
likely to be useful for capillary barriers.
Footnote 4 opens up the possibility of deviating from the specifications for the drainage layer
provided its performance capability and stability are still guaranteed.
Via footnotes 5 and 6 in the case of landfills for non-hazardous waste (classes I and II) under the
described conditions it is possible to deviate from the number of sealing components necessary
in the standard case; in other words, for a class I landfill no sealing component instead of one,
and for a class II landfill just one sealing component instead of two. Additional measures such as
monitoring systems and water balance layers cater in the long term for minimising the quantities
of leachate. For all domestic waste landfills these possibilities may only be used if measures to
accelerate biological degradation processes and to improve the long-term behaviour have already
been successful.

Re 2.4:
Point 2.4 contains the procedural specifications which have to be observed by BAM when
licensing geoplastics and seal control systems for convection barriers. It covers the responsibility
and tasks of BAM, the purpose and functions of the specialist advisory board and the guidelines
on licensing and topics regarding filing applications.
In analogy to the other statutory or regulatory mandates of BAM, for example in the Transport of
Dangerous Goods Act (Gefahrgutbeförderungsgesetz) in conjunction with the Dangerous Goods
(Carriage by Sea) Ordinance (Gefahrgutverordnung See) the tasks of the BAM must be
prescribed in the form of ordinances in the context of the use of geoplastics and inspection
systems for the application of this Ordinance.
The activities of BAM are financed from their budget. BAM charges applicants and licensees the
actual costs in connection with the granting of the licence. As proof of meeting the licensing
requirements, as a rule test certificates are accepted which are issued by accredited and BAM-
recognised testing institutions. Details regarding the underlying criteria and mechanisms as well
as their implementation in technical testing, are described by BAM in licensing guidelines.
However, the tests must be carried out in agreement with BAM on samples taken by BAM or
taken in consultation with BAM.


Re Article 2
Re 1. Site and geological barrier:
                                                113


The requirements of the site and geological barrier are derived from Article 3(5) in conjunction
with point 10.2 of TA Abfall. Insofar as in (d) the focus is on the convergence behaviour of salt
rock, this requirement does not contradict the requirement that the cavities have to be stable
during the landfill disposal phase. The stability requirements are on the one hand to guarantee
operational safety and on the other hand are to maintain the integrity of the geological barrier so
that the protective action remains in effect for the biosphere. Viewed in this way, the controlled
lowering of the overburden (metrological monitoring of convergence) is permissible, provided it
causes only fracture-free deformations and does not open up any water migration pathways. Also
potential water migration pathways such as the chasms in anhydritic or dolomitic rock strata as
well as solutizer areas in salt deposits, without these necessarily being filled with solutions or
accessible to solutions, are not relevant to the permanent sealing of the waste from the biosphere.
The only significant factor is the distance from horizons which carry solutions with a connection
to the groundwater as a component of the biosphere.
Re 2 - Site-related safety assessment:
The principle of the permanent seal is the central requirement of the present Ordinance for class
IV landfills in salt rock. This durable seal is particularly to be demonstrated via the long-term
safety assessment in the context of the site-related safety assessment. For reasons of certainty
and standard enforcement, indications on implementing the long-term safety record are provided
in point 2.1. The requirements in point 2.1 were formulated in the form of indications because
Appendix A to Council Decision 2003/33/EC, which is transposed by point 2.1, is also of the
nature of a description. A more concrete recording of the indications is also inappropriate
because owing to the surplus capacity present in Germany among underground landfills, no new
installations are planned for the foreseeable future and the existing facilities all comply with the
indications. The indications in point 2.1 also correspond to Appendix 4 of the Ordinance on
Underground Landfills, which covers the same material. They were derived from the
"Instructions on the maintenance of long-term safety records within the context of site-related
safety assessments for mines in salt rock which recover or dispose of waste requiring particular
supervision" which were developed by the mining and environmental authorities as an aid to
enforcement.
                                                114


Re 3 - Decommissioning:
The requirements of the Landfill Directive mean that this Ordinance must include minimum
requirements for the decommissioning of underground landfills. After completing the
emplacement measures, surface shafts which are discarded or no longer used for traffic and
whose proper safety levels are no longer adhered to, must be protected in order to meet the
requirements of sentence 1 point 5 of Article 55(1) and Article 55(2)(1) of the Federal Mining
Act. The measures provided for in paragraph 3 of this are based on the provisions in point 10.6
of TA Abfall. They incorporate the latest findings on the state of the art which have been
prepared and published by the competent Land mining authorities.

Re 4 - Documentation on protection of surface access points:
A major part of the decommissioning measures is the composition and updating of documents on
the protection of surface access points. Point 4 contains the corresponding requirements which
have been prepared and published by the competent Land mining authorities and reflect the state
of the art.


Re Annex 3 - Criteria governing licensing and classification
Re 1:
With point 1 the criteria are set by which it is permissible to use landfill replacement
construction materials on landfill sites. Account is taken of the special recovery conditions in
footnotes.
The previous intention of the Ordinance pertaining to the Recovery of Waste at Surface Landfills
to establish stricter values for use in improving the geological barrier and within the sealing
systems than for a class 0 landfill has been altered; in future, material with inert waste properties
is to be approved for these applications. It is justifiable for the improvement of the use of the
geological barrier in a thickness of 0.5 m to be executed with material which has just as high or
low or pollutant burden as inert waste. It would be disproportionate for this only 0.5 m thick
layer to have to use material with a lower pollutant burden than inert waste by a factor of X per
parameter. It would be still more disproportionate to set the previous values stated in the
Ordinance pertaining to the Recovery of Waste at Surface Landfills for the higher classes of
landfill, because it can be assumed, based on the sealing elements installed over the geology, that
the geological barrier which was made or improved with landfill replacement construction
materials is no longer passed through by leachate and thus can also not be "washed out". Since
the geological barrier is to function as a barrier to pollutants, however, the pure classification
values of the table are treated in a restrictive manner; the possibilities for exceeding the values
according to point 2 sentences 2 to 4 must not be used. This also applies to the sealing
components as well as the protective layer and the drainage layer of the surface sealing system.
As long as under the previous requirements of the Ordinance pertaining to the Recovery of
Waste at Surface Landfills stricter values are also prescribed for the drainage layer of the surface
sealing system than for inert waste, it appears justifiable from the environment aspects to adjust
these values to class 0 landfill quality. The drainage layer is only several decimetres thick, so
that leachable constituents are relatively quickly leached out and carried away. The drainage
water is collected and tested for compliance with the discharge values and purified if it is
necessary before being discharged.
In addition, the permissibility criteria of the Ordinance pertaining to the Recovery of Waste at
Surface Landfills are largely retained for the areas "bottom liner system", "construction measures
required in the disposal area for technical landfill reasons" and "surface sealing system". Landfill
replacement construction materials which are used in the areas listed in Table 1 basically have to
                                                  115


meet the same classification criteria as waste for disposal, unless special provisions in the
footnotes to Table 1 include exceptions or restrictions.
In the case of the restoration layer, another variant is the "technical function layer" which is
included with a corresponding reference to the requirements in Annex 1 for such layers.

Re Table 1, footnote 1:
In individual cases soils are to be disposed of whose background pollutant burdens in the case of
individual parameters, whether geogenic (natural) or caused due to human settlement, are above
the classification values of the landfill at the same location. Soil material coming from such areas
is to be capable of being disposed of at the landfill of that location up to values at the level of the
background pollutant burden. Otherwise such soil material, in which the location-related raised
parameters exceed the classification values for the particular landfill, must be disposed of at
landfills of the higher landfill classes. A similar formulation is contained in Article 12(10) of the
Federal Soil Protection and Contaminated Sites Ordinance.

Re Table 1, footnote 2:
Footnote 2 offers the possibility of permitting waste, on a case-by-case basis, for the profiling as
well as the manufacture of the compensatory layer, gas drainage layer and surface sealing, which
has higher pollutant burdens than inert waste. Footnote 2 takes over the corresponding
requirement from Annex 1 Table 1 footnote 5 of the Ordinance pertaining to the Recovery of
Waste at Surface Landfills.

Re 2:
In point 2 the classification criteria are established for landfills in classes 0 to III. Classification
criteria are those values according to Article 2(31) taking account of the footnotes for Table 2
and the possibilities of exceeding such values as outlined in the introductory test of point 2. Point
2 serves to implement in full the points 2.1.2, 2.2.2, 2.3.1, 2.3.2, 2.4.1 and 2.4.2 of Council
Decision 2003/33/EC, including the associated footnotes. Except for ignition loss/TOC, the
scope of the parameters and the level of the classification values are adjusted to the content of
Council Decision 2003/33/EC (a one-to-one transposition). By this means a large amount of
footnote content is eliminated compared with the requirements of the valid Landfill Ordinance
and the Waste Storage Ordinance. On grounds of environmental protection, however, the
classification values of the Waste Storage Ordinance are retained, even in the case of just
disposing of non-hazardous waste, insofar as they represent parameters which are prescribed in
Council Decision 2003/33/EC. Only thus can it be guaranteed that the state of the art in landfill
engineering is maintained in Germany.
According to sentence 1 the classification values in the table are basically to be complied with.
Sentence 2 permits these classification values to be exceeded. Sentence 3 limits the possible
excess to a maximum of three times the values, unless higher deviations are allowed for in the
footnotes. Sentence 4 opens up the possibility for specific bulk waste which is deposited at a
class I landfill to exceed the values by up to a maximum of three times the particular value for a
class II landfill. However, this case is consciously restricted to the depositing of specific bulk
waste for the purpose of disposal. To prevent abuse of this provision this exception is not to be
allowed for landfill replacement construction materials. The exception is covered by point 2 of
Council Decision 2003/33/EC, because a class I landfill meets the requirements of the Landfill
Directive for a landfill for non-hazardous waste and the corresponding limit values for common
depositing of hazardous stable, non-reactive waste according to point 2.3 are not reached.
Sentence 5 withdraws the possibility of up to three times higher limit values for various
parameters; this transposes the provisions of point 2 sentence 2 of Council Decision 2003/33/EC.
Sentences 6 and 7 transfer the special classification criteria for mechanically and biologically
                                                116


treated waste of the Waste Storage Ordinance into this Ordinance.

Re Table 2:
Table 2 combines the classification values from Annex 1 and 2 of the Waste Storage Ordinance,
Annex 3 of the Landfill Ordinance and Annex 1 of the Ordinance pertaining to the Recovery of
Waste at Surface Landfills and adapts them to the requirements of Council Decision
2003/33/EC.
Footnote 1 takes over existing rules according to which ignition loss and TOC are equivalent.
Footnote 2: According to Council Decision 2003/33/EC no limit values are stipulated for ignition
loss or TOC for the depositing of exclusively non-hazardous waste. If hazardous waste is
deposited together with non-hazardous waste, a maximum admissible of TOC of 5% applies
which may only be exceeded if a DOC of 80 mg/l is complied with. According to the Waste
Storage Ordinance and the current Landfill Ordinance, the classification values for TOC and
ignition loss for class I and II landfills may be exceeded under certain conditions. If hazardous
waste is deposited on a landfill for hazardous waste, there is a maximum TOC of 6%, a
maximum ignition loss of 10% and the ignition loss may be treated as equivalent to the TOC.
The TOC may be exceeded if a value of 100 mg/l is adhered to for the DOC. According to the
Waste Storage Ordinance and the current Landfill Ordinance, the classification values for TOC
and ignition loss for class I and II landfills may be exceeded in certain cases under certain
conditions. The exceptions described are combined, adapted to the stipulations of Council
Decision 2003/33/EC and simplified. It is accordingly permitted to exceed the TOC or ignition
loss in all landfill classes if the conditions in (a) to (c) are complied with. The conditions in (b)
and (c) ensure that waste with a high calorific value or biological potential is not deposited by
virtue of this exception. An exception applies to soil and excavated earth under sentence 2.
Sentence 3 transposed the last entry in parentheses of section 2 sentence 2 of Council Decision
2003/33/EC. The exception also applies to ignition loss which is not included as a parameter in
Council Decision 2003/33/EC but which is treated in footnote 1 as an equivalent parameter.
Footnote 3 takes over the corresponding requirement from Annex 1 footnote 4 of the Waste
Storage Ordinance.
Footnote 4 takes over the corresponding requirement from Annex 1 footnote 7 of the Waste
Storage Ordinance and Annex 3 footnote 14 of the current Landfill Ordinance.
Footnote 5 takes over the corresponding requirement from Annex 1 footnote 8 of the Waste
Storage Ordinance and Annex 3 footnote 9 sentence 2 of the current Landfill Ordinance.
Footnote 6 takes over the corresponding requirement from Annex 1 footnote 9 of the Waste
Storage Ordinance. Footnote 8 transposes section 2.2.3 of Council Decision 2003/33/EC.
Footnote 7 takes over the corresponding requirement from Annex 1 footnote 10 of the Waste
Storage Ordinance.
Footnote 8 takes over the correspond requirement from Annex 3 footnote 9 sentence 1 of the
valid Landfill Ordinance and extends the requirement for an exception applying to exceeding
DOC which consist of elementary carbon. This is justifiable because it also fulfils the objective
of setting corresponding limit values in Council Decision 2003/33/EC in order to limit the
potential organic pollutants which react and result in gas or organically polluted leachate.
Footnote 9 takes over the corresponding requirement from Annex 1 footnote 14 of the Waste
Storage Ordinance and Annex 3 footnote 13 of the current Landfill Ordinance.
Footnote 10 takes over the corresponding requirement from Annex 1 footnote 15 sentence 1 of
the Waste Storage Ordinance.
                                                 117


Footnote 11 takes over the corresponding requirement from Annex 3 footnote 12 of the valid
Landfill Ordinance.
Footnote 12 takes into account the fact that, on the basis of toxicity considerations and in
agreement with the corresponding limit values set in Council Decision 2003/33/EC, it is
advisable, where the antimony classification values are exceeded to carry out a supplementary
percolation test and in this case to use as basis for it the co-value permitted under Council
Decision 2003/33/EC in order to reach a decision concerning disposal.


Re Annex 4 - Specifications for sampling
(sampling, sample preparation and examination of waste and landfill replacement
construction materials)
The rules on the sampling of waste for the parameters in Annex 3 and for the testing institutions
were taken from the valid Landfill Ordinance and Waste Storage Ordinance.

Re points 1 and 2:
The requirements for specialist knowledge and sampling are taken from the corresponding
requirements of the Waste Storage Ordinance and Landfill Ordinance. LAGA Guideline PN 98
confirms a representative sampling to be state of the art in sampling technique, when in
particular it delivers the necessary information for carrying out basic characterisation and regular
control testing of waste. As DIN EN 932-1 which was previously as the alternative for the
sampling of rock grains such as gravel ballast debris essentially incorporates elements of PN 98,
on grounds of harmonisation and the ability to reproduce the samples the application of PN 98 is
made compulsory for this waste as well.

Re 3:
Point 3 serves to harmonise the provision concerning the total content in solid waste and the
determination of eluate criteria in order to obtain reproducible test results. The corresponding
requirements of Annex 4 of the valid Landfill Ordinance and Annex 4 of the Waste Storage
Ordinance were incorporated in the Ordinance and adapted to suit the latest developments.

Re 4:
Since according to Article 8(5) of the Ordinance the frequency of control analyses can be
reduced to once a year, and it is contingent in particular on the classification criteria being
adhered to by the landfill operation, the observation period of 12 months that currently still has
to be observed is now deleted. The longer the landfill continues to operate, the more likely it is
that the median of the present test results will correspond to the actual landfill inventory.


Re Article 5 - Information, documentation, inspections, operation
The level of detail in the requirements for information and documentation in comparison with
the current legal situation has largely been retained in order to ensure largely uniform practice in
these rather more formal matters. This brings about a clear reduction in the work of the licensing
authorities when substantiating corresponding ancillary provisions. This also applies to the
monitoring requirements, mutatis mutandis. In addition to the requirements of Annex III to the
Landfill Directive, the requirements of TA Abfall were taken into account.
The provisions of Annex I of the Landfill Directive are transposed in operational requirements
such as those relating to collecting leachate and landfill gas, landfill stability or the avoidance of
                                                 118


nuisances and hazards. The text on further training for leading employees has been taken from
Article 4 of the Landfill Ordinance and the criteria for release from aftercare largely correspond
to those in Article 13(4) of the Landfill Ordinance with a new provisions regarding the discharge
of leachate.

Re 1:
Point 1 covers information and documentation obligations. Operating instructions with codes of
conduct for staff and visitors are to be prepared, an operating manual created and an operating
journal maintained. The operating manual will contain, for example, rules for normal operation,
maintenance and dealing with disruptions to operation, as well as frequency of monitoring and
documentation, and will set out the tasks and responsibilities of the employees. The operating
journal contains all the salient data regarding the landfill. This relates to the deposited waste with
details such as quantities, characteristics, deposition area, the results of checks, official
acceptance of operating facilities which are subject to licensing and all special occurrences. A
waste register is to be maintained by all landfills as part of the operating journal.
The information and documentation requirements are largely taken from point 5.4 of TA Abfall,
Part 1 and point 6.4 of TA Siedlungsabfall.

Re 2:
For each landfill annual reports are to be prepared which contain the master data, presentation of
the results of measurements and inspections according to point 3 and a summary assessment of
the state of the landfill. The landfill operator must state that the landfill is in the planned state,
and otherwise must describe and initiate measures to remedy this. The annual reports represent
Article 12 of the Landfill Directive. An annual declaration on the landfill performance was
already required in point 9.6.6.2 of TA Abfall, Part 1, and in point 10.6.6.3 of TA
Siedlungsabfall.
                                                119


Re 3:
In point 3 the necessary measuring facilities are outlined and the minimum measurements and
inspections including their frequency is prescribed for the different phases of the landfill in order
to allow the declaration regarding the landfill performance to be made as per point 2. Whether
measurements and inspections have to be executed results both from the requirements of Annex
5, but also for example from Annex 1 (leachate inspection only if a drainage layer is to be
constructed). This therefore transposes the requirements of Annex III to the Landfill Directive.
The required measuring facilities correspond to those as per point 9.6.6.1 of TA Abfall, Part 1,
and point 10.6.6.2 of TA Siedlungsabfall. The frequency of measurements and inspections is
directed by the minimum specifications of Annex III to the Landfill Directive. Under Article 12
of the Landfill Directive the control and monitoring programme is to be implemented for all
classes of landfill. According to Article 13 c of the Landfill Directive this also applies to the
aftercare phase. Underground storage in accordance with Article 3(5) of the Landfill Directive
may not be excluded from the rules of Annex III point 4 of the Directive regarding groundwater
measurements, and the setting of trigger levels. This equally applies to gas and odour emissions.

Re 4:
Point 4 covers details of the disposal process at surface landfills in order to exclude nuisances
and hazards and to achieve a stable landfill. The provisions relate for example to types of waste
which form dust, contain asbestos fibre, are turbid, highly viscous or pulpy or which, if stored
together, may lead to adverse reactions, e.g. concerning temperature development. In addition,
the waste must be installed with few voids, must lead to no more than low subsidence and the
entire landfill body must be stable in construction. The provisions transpose points 5 and 6 of
Annex I to the Landfill Directive and point 2.3.3 of the Council Decision concerning criteria and
procedures for accepting waste at landfills.

Re 5:
Point 5 covers the requirements for dealing with certain types of waste in underground landfills,
particularly in the case of emissions of dust, waste which can be pumped and types of waste
which might react to one another.

Re 6:
Point 6 prescribes that leachate must be collected, inspected and disposed of in accordance with
the Waste Water Ordinance. This transposes the requirements of point 2 of Annex I and point 3
of Annex III of the Landfill Directive. Equivalent prescriptions are found in points 9.4.1.3.b) and
9.4.2 of TA Abfall, Part 1, and in points 10.4.1.3.2 b) and 10.4.2 of TA Siedlungsabfall.

Re 7:
Point 7 requires that landfill gas must be collected, treated and where possible the energy
recovered if it arises in the relevant quantities. This transposes the requirements of Article 1 and
point 4 of Annex I to the Landfill Directive. Similar prescriptions are found in point 9.6.5.2 of
TA Abfall, Part 1, and point 10.6.5.2 of TA Siedlungsabfall. The extensive study book-type
descriptions of Annex C of TA Siedlungsabfall concerning collection, treatment and testing of
landfill gas has been omitted because it is now generally known. The possibility of dispensing
with the collection of residual gas has been created if it is proven that the methane is largely
oxidised before emerging into the atmosphere.

Re 8:
In point 8, the requirements of point 5 of Annex I to the Landfill Directive are taken over almost
word for word, according to which nuisances and hazards such as odours, fires and pests
                                                 120


escaping from the landfill as well as pollution of the surrounding areas through wind-blown
materials or dirt from tyres is to be kept to a minimum.

Re 9:
Point 9 determines the minimum fields of knowledge which have to be instilled in the
management staff. The seven areas listed are taken from Article 4(2) of the Landfill Ordinance.
They specify in detail the need to further train landfill employees as the prerequisite for licensing
landfills under Article 8(a)(ii) of the Landfill Directive.

Re 10:
Point 10 summarises the main criteria which have to be verified for the particular class of landfill
in order to assess completion of the aftercare phase:
The conversion processes and reaction processes cited in point 1 as well as the process of
biodegradation are to be expected regularly among former domestic waste landfills. These
processes can be ended more quickly by taking the measures outlined in Article 26(4) of the
present Ordinance.
Where point 2 addresses the demonstration of adequate methane oxidation, the results of the
research project 204 34327 into the aftercare of landfills (options, duration, cost and quantitative
criteria for release from the aftercare phase) may be used for evaluation purposes. The research
institution proposed a size of approx. 5 cbm/ha or 0.5 litres/m² and hour as very extensive
oxidation of the methane in the restoration layer. Among experts, values between 25 and 100
ppm are in discussion as sufficient methane oxidation values, but reproducing such
measurements is currently still problematic. Therefore no concrete limit value was prescribed.
As far as in point 3 subsidence is described as the yardstick for abated reactions, no concrete
value is prescribed here either, and instead the target is described. An observation period of 10
years seems adequate in order to make a statement about damage to the surface sealing system
caused by subsidence.
Point 4 focuses on a functioning and stable state of the surface sealing system. Through the entry
of corresponding restrictions on use, for instance in the form of entries in the land register, it can
be ensured that this state is also guaranteed in case of a change in use.
Point 5 focuses on the stability of the landfill and landfill body.
Point 6 assumes that no landfill-specific equipment needs to be kept available after this.
Point 7 sets up quality requirements for the leachate to be discharged into surface waters,
compliance with which allows the completion of the aftercare phase to be decided. The Federal
Ministry for the Environment commissioned the research project 204 34 327 in order to set out
clear framework conditions for release from aftercare. In its final report, the research institution
includes the statements that some pollutants in the landfill body are not sufficiently degraded
even under long-term aspects or depleted though leaching processes to allow the requirements of
Annex 51 of the Waste Water Ordinance to be obtained in the leachate without further treatment
within an economically reasonable period. To comply with the aim of release from aftercare, for
an evaluation in terms of water management in the context of a site-specific individual
assessment the Landfill Ordinance follows the approach that permissible pollutant loads must be
complied with which are derived from the requirements of Annex 51 of the Waste Water
Ordinance and from the local precipitation levels. It is expected that there will be no adverse
effects on water resources as a result. More extensive requirements according to the provisions
of water law remain unaffected.
In Article 3 of the present Ordinance the scope of application in Annex 51 of the Waste Water
Ordinance is altered to clarify what is intended.
                                                121


Point 8 makes it clear that there is to be no concern about damaging contamination or other
adverse changes to the groundwater properties through seepage of landfill leachate into the
subsoil if the trigger levels stipulated in Article 9 are not exceeded. The trigger levels serve
particularly to detect any such damaging contamination and then to take countermeasures.
Point 9 transposes point 2.2.3 of Council Decision 2003/33/EC. Among the suitable measures
are restrictions on use in the form of entries on the land register.
Re Article 2 - Ordinance implementing 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
The adoption of Directive 2006/21/EC comes as a reaction by the European legislators to recent
mining accidents in Aznalcóllar (Spain) in 1998 and in Baia Mare (Romania) in 2000. In
consequence, Directive 2006/21/EC provides for a stringent set of regulations which take into
account transboundary aspects for tailing ponds and tips in particular which contain mining
waste with substantial pollutant potential for humans and the environment. Various restrictions
and reliefs in the scope of validity and the regulations take account of the fact that mining should
be considered variously regarding the pollution potential of the waste generated. As a new legal
instrument, Directive 2006/21/EC has introduced the waste management plan which is to be
drawn up by the producer of the waste and which is designed to ensure that the waste disposal
concept is specified in more detail before mining activity takes place and is notified to the
competent authority. The other provisions of the Directive are chiefly aimed at supplementing
existing regulations at EU level in the field of equipment safety, environmental protection and
operational and external emergency planning and closing gaps in the legislation.
The Directive was to be transposed into German law by 1 May 2008.
For businesses which are subject to mining law the transposition of the European regulations has
been made in the Third Ordinance amending mining regulations of 24 January 2008.
Where companies which generate extraction waste and dispose of it do not come under mining
law, the requirements of Directive 2006/21/EC have to be transposed on the basis of the Closed
Substance Cycle and Waste Management Act. This transposition takes place in Article 2 of the
present Ordinance.
In the case of businesses whose activities are governed by mining supervision as well as those
not under such supervision, Article 173 of the Federal Mining Act must be observed according to
which the competent authority may determine that the rules of the Federal Mining Act can also
be applied to the last-mentioned activities provided this is advisable with consideration of the
inseparability of the working and operating procedures underground and above-ground.


Re § 1 Scope of application
Article 1 covers the scope of application of the Ordinance and serves to transpose Article 2(1)
and (2) of Directive 2006/21/EC. In consideration of the "mining privilege" pursuant to Article
2(2)(4) of the Closed Substance Cycle and Waste Management Act, the Ordinance only
stipulates the requirements for the disposal of extraction waste as long as the waste does not
occur in facilities which are subject to mining inspection.

Re paragraph 1:
The Directive only covers waste specific to mining which occurs from prospecting, extraction,
preparation and storage and includes disposal measures and certain recovery measures for
building and remediation purposes. According to the Directive, extraction waste may be
disposed of inside as well as outside a licensed facility. This is made clear in paragraph 1.
                                                122


Re paragraph 2:
Paragraph 2 determines the personal scope of application. Since Article 5 of Directive
2006/21/EC stipulates that all operators of facilities in which extraction waste occurs are
responsible for its management and for this must draw up a waste management plan, in addition
to the operator of a disposal facility for extraction waste the producer of the waste is also named.

Re paragraph 3:
Paragraph 3 sets out exceptions to the scope of application. Point 1 transposes Article 24(2) and
(4) of Directive 2006/21/EC and point 2 transposes Article 3(15) of the same Directive.

Re § 2 - Definitions
Article 2 contains definitions which are necessary for a clear understanding of the legal aspects.

Re points 1 and 2:
The definition of extraction waste focuses on the expression "mineral waste" from Directive
2006/21/EC and refers to the expression as used in Directive 2006/12/EC.
In its ruling C-114/01 (Avesta Polarit) the European Court of Justice has established criteria to
distinguish waste from other residues and so declared this legal issue binding and with effect for
Directive 2006/12/EC, but also for Directive 2006/21/EC. According to this ruling, residues, e.g.
left-over stone resulting from quarrying in the actual instance, is only to be regarded as waste if
the holder discards, intends to or is compelled to discard, the residues, whether he is using them
legitimately for the necessary filling of extraction voids or for other filling or construction work.
If it is therefore certain that residues will be recycled for the aforementioned purposes or there is
a high probability of such recycling, this does not accord with the definition of waste and
consequently such residues do not fall within the scope of Directive 2006/21/EC. These residues
therefore also do not come within the scope of the Ordinance.
                                                123


Re 3:
Point 3 defines category A facilities by referring to the criteria given in Annex III to Directive
2006/21/EC.

Re Article 3 - Installation, operation, decommissioning and aftercare
Article 3 serves to transpose Articles 4, 11, 12, 13 of Directive 2006/21/EC. With the text in
sentence 3 it is made clear that as per Article 4(3) no particular state of the art is prescribed for
the geological barrier, the bottom liner system or the surface sealing system. In contrast, for
other requirements such as the general and specialist knowledge of the employees, control and
documentation, safe operation and aftercare the state of the art as prescribed by the amended
Landfill Ordinance is also prescribed for facilities for the disposal of extraction waste.

Re Article 4 - Proof of stability
Article 4 transposes Article 10(1) of Directive 2006/21/EC. Requirements are set out in Article
10 that are to be observed when placing mineral extraction waste for construction or remediation
purposes.

Re Section 5 - Waste management plan
Article 5 covers the waste management plan to be drawn up by the producer of extraction waste,
a plan which is to be notified to the competent authority before activities commence. The aims
and main content of the plan result from Annex 1, which in terms of content corresponds to the
requirements of Annex 5 of the General Mining Ordinance. The plan is a new instrument
established in Directive 2006/21/EC which is designed to reinforce the operational planning and
control of waste disposal.

Re Article 6 - Avoidance of serious accidents, information
Article 6 transposes Articles 6 and 16 of Directive 2006/21/EC. Article 6 is only to be
implemented for facilities which belong to category A and do not fall within the scope of the
Seveso Directive 96/82/EC. Under Article 4 of the Seveso Directive, this inter alia does not
apply to "the extraction (exploration, mining and processing) of minerals in mines and quarries
or by means of boreholes, excluding chemical and thermal treatment measures and storage
connected with such measures, which contain dangerous substances pursuant to Annex I"
(Article 4(e)) as well as "waste landfills, apart from operational mining disposal facilities,
including tailings ponds or settlement tanks which contain dangerous substances pursuant to
Annex I, particularly if they are used in conjunction with the chemical or thermal processing of
minerals" (Article 4(g)). This exception is identical to the exception to the definition of the
operating area in Article 3(5a) of the Federal Pollution Control Act.
The requirements in Article 6 of Directive 2006/21/EC should thus not be regularly transposed
by the Seveso Directive or Hazardous Incident Ordinance (Störfallverordnung) in the case of
enterprises which operate a category A facility.

Re points 1 and 2:
The material requirements for preparing a written concept to avoid major accidents and
concerning internal emergency plans are established by taking the corresponding requirements
from Annex I to Directive 2006/21/EC. The requirements made on the concept correspond
otherwise to Article 8 of the Hazardous Incident Ordinance, and those on the internal emergency
plan to Article 10 of the Hazardous Incident Ordinance.

Re paragraph 3:
                                                124


Paragraph 3 transposes the requirement of the Directive according to which the operator must
nominate a safety officer for implementing and monitoring the strategy for the avoidance of
major accidents. This task is assigned to the waste officer who according to Article 1(1)(1) of the
Ordinance concerning waste management officers (Verordnung über Betriebsbeauftragte für
Abfall) is to be appointed by the operator of a category A disposal facility for extraction waste.

Re paragraphs 4 to 6:
These paragraphs transpose the corresponding stipulations from Article 6(4) to (6) of Directive
2006/21/EC.

Re Article 7 - Provision of security
Article 7 transposes Article 14 of Directive 2006/21/EC. Referring to Article 2(3), the Directive
generally only requires security to be provided for category A facilities. The Member States
define the modalities.

Article 8 - Application, notification
Article 8 transposes Article 7 of Directive 2006/21/EC.
It has to be noted that Article 7(3) of Directive 2006/21/EC is already transposed by Article 32 of
the Closed Substance Cycle and Waste Management Act and Article 8 of Directive 2006/21/EC
by Article 31 of the Closed Substance Cycle and Waste Management Act and the Environmental
Information Act.
In the case of waste disposal facilities which require a licence, the application for a licence must
be included with the waste management plan.

Re Article 9 - Breaches of administrative rules

The valid administrative standards and associated rules on fines are defined in Article 9. Within
the passage on fines in Article 61(3) of the Closed Substance Cycle and Waste Management Act,
administrative offences may be prosecuted with fines of up to fifty thousand euros.

Re Article 10 - Transitional provisions
Article 10 transposes Article 24(1) of Directive 2006/21/EC. It should be observed that
according to current law the disposal of non-mining-specific extraction waste is subject to the
rules of the Closed Substance Cycle and Waste Management Act and of the Landfill Ordinance
or Waste Storage Ordinance. Taking account of Article 1(3)(3) of the Landfill Ordinance, the
storage and depositing of non-contaminated soils and rock from exploration and extraction,
treatment and storage of mineral resources as well as from the operation of quarries and mines
serving the extraction of rock and earth are excluded from the scope of the Landfill Ordinance.
In the case of other depositing and storage, particularly in category A facilities, the current state
of the art as prescribed by the Landfill Ordinance is to be observed in particular.


Re Article 3 - Amendment of the Waste Water Ordinance

The amendment of section A of Annex 51 to the Waste Water Ordinance serves to provide more
clarification. This amendment ensures that a landfill can be released from aftercare even if there
is failure to comply with the required concentrations at the time of release but in accordance with
Article 11(2) in conjunction with Annex 5 point 10 (7) of the Landfill Ordinance the quantity of
a relevant pollutant brought in annually falls below a prescribed level.
                                              125



Re Article 4 - Amendment of the Ordinance on Installations for the Biological Treatment
of Waste

This amendment serves to adapt to the changed legal situation brought about by the repeal of the
Waste Storage Ordinance.


Re Article 5 - Entry into force, abrogation

Article 5 serves deregulation. Since all requirements for the state of the art in relation to a
landfill are set with the amended Landfill Ordinance, the Landfill Ordinance, the Waste Storage
Ordinance and the Ordinance pertaining to the Recovery of Waste at Surface Landfills may be
repealed.