Approval of landfills
Source: BUS Rheinland-PfalzThe construction and operation of landfills and any significant changes to them require special official approval.
In principle, the competent authority issues the approval to the applicant in a strictly formalized administrative procedure, the so-called plan approval procedure. The approval is then issued with a so-called plan approval decision. The planning approval procedure requires an environmental impact assessment to be carried out for the project applied for. In addition, the public must be involved as part of a special hearing procedure. The applicant's application documents are put on public display for this purpose. Recognized nature conservation and environmental associations are given the opportunity to comment. Affected citizens can submit their objections to the landfill project. The comments and objections submitted in good time are discussed by the competent authority with the affected parties, the objectors and the nature conservation and environmental associations involved in a separate meeting (so-called discussion meeting). The purpose of the discussion is to determine the material to be weighed up, which is required for the competent authority's subsequent decision on the approval of the amendment project.
In legally defined, rather simple case constellations, the authority can also grant approval in a less formalized administrative procedure, the so-called planning approval procedure.
The basic prerequisites for a decision by way of planning approval are, on the one hand, the reduced environmental relevance of the proposed change and, on the other hand, the lack of impact on the rights of third parties. The law stipulates that the significant modification of a landfill may only be approved by way of a planning permission if the modification of the landfill cannot have any significant adverse environmental impacts. However, an official decision by way of a planning approval procedure is always ruled out if the rights of third parties are more than insignificantly affected by the project applied for.
In planning approval procedures, it is not necessary to carry out an environmental impact assessment due to the minor environmental relevance. As the rights of third parties are not affected, there is also no public participation as part of a special consultation procedure. However, it is still necessary to consult the authorities whose areas of responsibility are affected by the proposed modification.
Non-substantial changes to an already approved landfill or its operation, which nevertheless have a certain environmental relevance, are not subject to approval. However, they must be notified in writing to the competent authority by the landfill operator at least one month before the intended change. However, the landfill operator is free to apply for approval for the requested changes by way of a plan approval or planning permission. If, when examining the notification, the competent authority determines that a significant change has been made, a plan approval or planning permission procedure must be carried out.
Whether the planned change to a landfill is significant or insignificant is a question of the individual case. As a general rule, a change is significant if it raises the question of approval anew and gives rise to a re-examination of the landfill approval.