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Businesses are obliged to collect their waste separately and dispose of it properly. Further details are set out in the Commercial Waste Ordinance.
The legislator has issued the Commercial Waste Ordinance (GewAbfV) for the environmentally sound disposal of commercial municipal waste, certain construction and demolition waste and other waste listed in the annex to the ordinance. In order to ensure the proper and harmless recycling of waste with the highest possible quality, separation requirements have been introduced for certain types of waste.
The regulations of the GewAbfV must be observed by commercial producers of the aforementioned waste as well as those who possess this waste without having produced it. This also includes operators of certain pre-treatment plants.
The following commercial municipal waste must be kept separate, stored, collected, transported and recycled:
- Paper and cardboard
- glass
- plastics
- metals
- biodegradable kitchen and canteen waste, biodegradable garden and park waste and market waste.
Mixed waste can be collected if it is sent to a pre-treatment plant in accordance with § 4 GewAbfV and it is ensured that it is sorted out there in largely the same quantity and material purity and sent for material or energy recovery. For this purpose, the mixture must be limited to certain materials.
Construction and demolition waste must be kept separate, stored, collected, transported and recycled as follows, insofar as it is generated separately:
- Glass
- plastics
- Metals, including alloys
- Concrete, with the exception of concrete containing hazardous substances
- Bricks, with the exception of bricks containing hazardous substances
- Tiles, bricks, ceramics, unless they contain dangerous substances
- mixtures of concrete, bricks, tiles and ceramics, unless they contain hazardous substances.
If hazardous waste is involved, it must also be kept separate, stored, collected, transported and disposed of properly.
If it is hazardous waste, it must also be kept, stored, collected, transported and properly disposed of separately.
An exception to the requirement to keep waste separate is possible in individual cases if, among other things, separation or subsequent sorting by type is technically impossible or economically unreasonable, in particular due to the small quantity involved.
The Commercial Waste Ordinance does not apply to waste that is subject to the statutory take-back obligation, such as batteries and packaging.
Non-recyclable waste must be handed over to the public waste disposal company unless it has been excluded. You must take care of the disposal of other waste yourself, as there is no obligation to dispose of commercial municipal waste.
Fees are charged for the provision of waste containers and the disposal of non-recyclable waste by the public waste disposal authorities in accordance with the respective fee statutes of the districts or independent cities.
- Further information on the Commercial Waste Ordinance can be found in the implementation instructions of the German Federal/State Working Group on Waste (LAGA)
- Further details on the verification procedure and register management as well as exceptions and restrictions are explained in "Vollzugshilfen zum abfallrechtlichen Nachweisverfahren-M 27".
A violation of the requirement to separate waste is an administrative offense and is punishable by a fine, as is the failure to use a waste container.
The disposal of hazardous waste is subject to verification requirements for owners, producers, collectors, transporters and disposal companies on the basis of the Closed Substance Cycle Waste Management Act and the Ordinance on Waste Recovery and Disposal Records.
For
- Owners, producers, collectors, transporters and disposers of hazardous waste and
- Disposers who treat and store waste and
- Disposers of non-hazardous waste
are also required to keep a register.
Further details on the verification procedure and register management as well as exceptions and restrictions are explained in the "Enforcement guidelines for the verification procedure under waste legislation - M 27".
- Businesses must separate their waste
- Non-separable residual waste can be disposed of via the residual waste garbage can of the public waste disposal authority
- Larger quantities of mixed commercial waste must be disposed of by a private disposal company; disposal via private disposal companies is generally only permitted if the waste is disposed of in a special disposal facility for commercial waste (pre-treatment facility within the meaning of the Commercial Waste Ordinance)
Ministry of Agriculture, Environment and Rural Development (MLUL) of the State of Brandenburg, Department 5 - Environment, Climate Protection, Sustainability Division 52
Hanna Grießbaum
hannajanina.griessbaum@mlul.brandenburg.de
+49 331 866-7358
Public waste disposal authorities of the cities, municipalities and districts
Regulatory offense authority: Lower waste management authorities (Brandenburg)