IPPC-Treatment Plants - Approval Procedures

The waste management authority which is locally in charge of the site:

• The Provincial Governor^{German text} [Landeshauptmann]
• The Provincial Governor^{German text} may delegate procedures and supervision to the district administration authority [Bezirksverwaltungsbehörde]

Costs depend on various ordinances on levies and fees. It is recommendable to gather information from the competent authority beforehand.

The authorisation shall be obtained in time before the establishment, the operation or a considerable change of the facility.

IPPC treatment plants are

• stationary plants or parts thereof
• in which IPPC-activities (→ RIS)^{German text} and other activities immediately related or activities with a technical connection to it, are carried out,
• which could have an impact on emissions and environmental pollution.

Research activities, development measures or the testing of new products and procedures are not considered to be IPPC activities.

In the approval procedure for these IPPC treatment plants particularities, in particular additional application documents and increased public participation, are provided for.

IPPC treatment plants and/or IPPC-activities are:

1. Disposal and recovery of hazardous wastes with a capacity of more than 10 t per day

They are IPPC-activities within the framework of one or several of the following activities

• Biological treatment
• Physical-chemical treatment
• Combining or mixing before the implementation one of the other activities mentioned under number (1) and (2)
• Repackaging prior to the implementation of one of the other activities mentioned under number (1) and (2)
• Solvent reclamation/regeneration
• Recovery/reclamation of other inorganic substances than metals and metal compounds
• Regeneration of acids and bases
• Recovery of components used for pollution abatement
• Recovery of components from catalysts
• Renewed oil re-refining or other reuses of oil
• Surface impoundment

2. Disposal or recovery of wastes in incineration plants or in co-incineration plants

• For the combustion of non-hazardous wastes with a capacity of more than 3 t per hour
• For hazardous wastes with a capacity of more than 10 t per day

3. Disposal and Recovery of non-hazardous wastes

• (a) Disposal of non-hazardous wastes with a capacity of more than 50 t per day within the framework of one or several of the following activities:
  • Biological treatment
  • Physical-chemical treatment
  • Pre-treatment of wastes for incineration and co-incineration
  • Treatment of slag and ash
  • Treatment of metallic wastes – including waste electrical and electronic equipment, as well as end-of-life vehicles and their components – in shredder plants
• (b) Recovery – or a combination of recovery and disposal – of non-hazardous wastes with a capacity of more than 75 t per day within the framework of one of the following activities:
  • Biological treatment
  • Pre-treatment of wastes for incineration and co-incineration
  • Treatment of slag and ash
  • Treatment of metallic wastes – including waste electrical and electronic equipment as well as end-of life vehicles and their components – in shredder plants
• If the only waste treatment activity consists of fermentation, a capacity threshold value of 100 t per day applies to this activity
• Excluding activities falling within Directive No 91/271/EEC on the treatment of municipal sewage

4. Large landfills

IPPC treatment plants are

• Landfills receiving more than 10 t per day
• Landfills with a total capacity exceeding 25 000 t

Landfills of excavation and inert waste landfills are excluded.

5. Temporary storage of hazardous wastes not falling under (4)

Temporary storage of hazardous wastes not falling under (4) up to the implementation of the activities mentioned in (1) (2) (4) and (6) with an overall capacity of more than 50 t, with the exception of the temporary storage – until the collection - on the site where the wastes were produced

6. Underground storage of hazardous wastes with an overall capacity of more than 50 t

sections 37, 38, 39, 40, 41, 42, 43 and Annex 5 of the Abfallwirtschaftsgesetz (AWG)

Process steps of the applicant

• Application

Process steps of the competent authority

• Publication of the application for authorisation in a daily paper which is widespread in the Federal Province or a weekly paper or on the website of the competent authority
• Making the application for authorisation available for inspection for at least six weeks
• If required, consultations in the case of the participation of another state in the authorisation procedure (e.g. in the case of transboundary effects)
• Investigation procedure (maybe including oral procedure and/or involving all parties as well as neighbours
• Issuing the Decree (if necessary specifying terms and conditions)
  
• Making the decree of authorisation available for inspection at the competent authority for at least six weeks
• Publication of contents of decrees on the internet

The application for authorisation for an IPPC treatment plant amongst others must contain the following:

• Information about the materials and energy used and generated in the treatment plant
• Description of the condition of the plant site
• Description of the sources of emissions from the treatment plant
• Description of the type and quantity of foreseeable emissions from the treatment plant into any environmental medium
• Description of anticipated significant impacts of the emissions on the environment
• Information about measures to monitor emissions
• Information about other measures to fulfil the special requirements for the authorisation
• Survey of the most important alternatives checked by the applicant, if required
• Information about the type and the extent of the activities of the IPPC treatment plant
• Report on the original state with a view to possible pollution of the soil and the groundwater on the site of the treatment plant if, within the framework of an activity of an IPPC treatment plant, relevant hazardous substances are used, produced or released
• Planned technology and other techniques to avoid emissions from the IPPC treatment plant, or, if this is not possible, to reduce them
• Generally comprehensible summary of the above-mentioned information and a generally comprehensible summary of the information about the suitability of the planned site, the information about the purpose, extent and duration of the project, of the waste management plan and of the information about the emissions of the treatment plan to be expected and their avoidance and/or reduction

Other documents: See "Stationary Waste Treatment Facilities − Authorisation".

General requirements for approval:

• Life and health of humans must not be endangered
• Emissions of pollutants are, in any case, limited according to the state-of-the-art
• Neighbours are not exposed to intolerable nuisances by noise, smell, smoke, dust, vibration, or in any other way
• The property and other material rights of the neighbours are not threatened (endangering the property does not mean the possibility of a mere loss in market value)
• Unavoidable wastes accumulated during the operation of the treatment facilities are subjected to a pre-recovery, recycling or any other type of recovery in accordance with the state-of-the- art or – if this is not economically acceptable – duly disposed of
• The treatment obligations are complied
• Other public interests shall be taken into account
• The requirements to be applied in addition in the approval procedure are met

Special authorisation requirements for IPPC treatment plants:

• All suitable and economically proportionate measures to prevent environmental pollution have been taken, in particular with the use of methods, equipment and operating modes in accordance with the state-of-the-art
• Energy is used efficiently
• The necessary measures are taken to prevent accidents and control their consequences
• Necessary measures will be taken to prevent the hazard of environmental pollution after liquidation of the treatment plant, and to restore a satisfactory condition of the treatment plant site, if necessary

Further special authorisation requirements apply to landfill projects.