Hazardous Waste – Declassification

Federal Ministry for Climate Action, Environment, Energy, Mobility, Innovation and Technology (→ BMK)

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

There are no specific time limits.

Transfer of the assessment quantity to another person (ʺthird partyʺ) during the procedure

The notification is considered to have been withdrawn if the assessment quantity is transferred to a third party during the declassification. The transfer of the assessment quantity must be reported to BMK without delay.

Declassification of waste streams or recurring waste

The amount of waste declassified in the previous calendar year must be reported to the competent body no later than April 10 of each year if proof of non-hazardousness has been provided as part of a declassification of a waste stream or recurring waste.

A declassification of a waste stream or a recurring waste is valid for a period of two years. The period of declassification is extended by 12 months if an essential proof of assessment or an updated proof of assessment, in order to substantiate the consistent quality of the process, is submitted to the BMK action up until 6 months prior the expiration of said period. The process will end eight years after the onset of the assessment period of the basic characterization at the latest.

Depositing hazardous waste on landfills

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

Declassification of solidified, stabilised or immobilised waste

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

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

The declassification can be carried out for

• a waste that is generated once ("single batch declassification") or
• a waste from a defined process in a consistent quality ("declassification of a waste stream")
• a waste from a defined process in a non-constant quality ("declassification of a recurring waste")

A declassification can be performed by the following persons:

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

• section 7 of the Abfallwirtschaftsgesetz (AWG)
• sections 4 through 10 of the Abfallverzeichnisverordnung
• Deponieverordnung

• Leaflet for the notification of declassification according to Annex 5 to the Abfallverzeichnisverordnung for the proof of the non-hazardous nature

General declassification

General declassification starts with a notification on the part of the waste owner. In the event of formal or content-related deficiencies of the notification the competent body will request the waste owner to make improvements and will set a deadline for such improvements. The notification is considered to have been submitted only on the day on which the remedied documents are received by the competent body. If the waste owner fails to comply with the order to remedy in full or within due time, the notification will be rejected within six weeks after the deadline for the requested remedy.

If the Federal Ministry for Climate Action, Environment, Energy, Mobility, Innovation and Technology does not respond within a certain period, the specified waste will be considered to be non-hazardous:

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

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

The waste is regarded as non-hazardous

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

Declassification for the purpose of landfilling

The declassification for (the purpose of) landfilling is initiated by a notification from the landfill owner who wishes to dump this specific waste on his/her landfill. As of the (permitted) delivery of the waste to the landfill following due notification the waste is considered to be non-hazardous.

General declassification

• proof of the non-hazardous nature by use of the form in Annex 5 of Abfallverzeichnisverordnung (including the necessary assessment records, e.g. the proof of assessment)

Declassification for landfilling

• proof of the non-hazardous nature by use of the form of Annex 5 of Abfallverzeichnisverordnung
• proof of the assessment as provided for in the Deponieverordnung
• enclosures such as, for example:
  • Sampling protocols
  • Methods of analysis with detection limits

Proof of the non-hazardous property of that waste