Approval of landfills

Source: BUS Rheinland-Pfalz

The construction and operation of landfills as well as their substantial modification requires a special official approval.

In principle, the competent authority grants the applicant approval in a strictly formalised administrative procedure, the so-called planning approval procedure. The approval is then issued with a so-called planning approval decision. The planning approval procedure requires the implementation of an environmental impact assessment for the requested project. In addition, the public must be involved in a special consultation procedure. The applicant's application documents will be made public for this purpose. Recognised nature conservation and environmental associations will be given the opportunity to comment. Affected citizens can raise their objections to the landfill project. The comments and objections submitted in good time are discussed by the competent authority with the parties concerned, the objectors and the nature conservation and environmental associations involved in a separate meeting (so-called discussion date). The purpose of the discussion is to identify the balancing material needed for the subsequent decision of the competent authority on the approval of the proposed modification.

In legally determined, 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 the decision by way of planning approval are, on the one hand, the reduced environmental relevance of the proposed amendment and, on the other hand, the lack of concern for the rights of third parties. The law stipulates that the substantial modification of a landfill may only be approved by means of a planning permit if the change in the landfill cannot have a significant adverse environmental impact. However, an official decision by means of a planning approval procedure is always ruled out if the rights of third parties are more than insignificantly affected by the requested project.
In planning approval procedures, it is not necessary to carry out an environmental impact assessment due to the lower environmental relevance. Due to the lack of concern for the rights of third parties, there is also no public participation in the context of a special consultation procedure. However, it remains necessary to consult the authorities whose areas of responsibility are affected by the proposed amendment.

Non-significant changes to an already approved landfill or its operation, but which nevertheless have a certain environmental relevance, are not subject to approval. However, they shall be notified in writing to the competent authority at least one month before the intended change by the landfill operator. However, the landfill operator is free to apply for approval for the requested changes by means of a planning approval or planning approval. If, during the examination of the notification, the competent authority finds that there has been a significant change, a planning approval or planning approval procedure shall be carried out.
Whether the proposed modification of a landfill is essential or insignificant is a question of the individual case. In principle, a change is essential if it raises the question of authorisation anew and gives rise to a re-examination of the landfill authorisation.

Planning approval or approval procedure:Early contact of the applicant with the competent authority
Preliminary discussions between the applicant and the competent authority on projects, necessary application documents and form of application
Submission by the applicant to the competent authority of a written application - possibly also electronic - with associated application documents
Consultation of specialised authorities concerned by the competent authority
in the case of planning approval procedures: implementation of public participation in a separate consultation procedure with plan interpretation and discussion date
Official examination of the admission requirements on the basis of the application documents and expert opinions
in the case of planning approval procedures: consideration of the result of the separate consultation procedure - in particular the date of discussion
official decision on the granting of planning approval or planning approval; Announcement of the official decision

Display of a non-essential change:

Early contact of the landfill operator with the competent authority
Preliminary discussions between landfill operator and competent authority on projects, necessary notification documents and form of notification
Reimbursement of the notification of change and submission of associated documents in written - if necessary also electronic form
written confirmation of receipt of the notification and related documents by the competent authority
official examination of the notification and associated documents for approval
official notification of (missing) need for approval of the amendment
in the event of non-disclosure by the authority within a period of one month, fiction of exemption

A planning approval or planning permit for a landfill may only be granted if:

1. ensure that the public interest is not adversely affected, in particular:

(a) there are no risks to the public interest;

Endangering humans, animals, plants to public safety and order
harmful environmental effects on water, soil, air

b) precautions against the impairment of the aforementioned protected goods are primarily taken by structural, operational or organizational measures in accordance with the state of the art, and

(c) energy is used sparingly and efficiently; and

2. no facts are known which raise concerns about the reliability of the operator or the persons responsible for the establishment, management or supervision of the operation or for the aftercare of the landfill; and

3. the persons referred to in point 2 and other staff have the technical knowledge and expertise necessary for their work, and

4. no adverse effects on the right of another are to be expected

5. the findings of a waste management plan, which have been declared binding, do not preclude the project.

The substantive requirements for the approval of landfills are therefore identical in the planning approval and planning approval procedure. This results in differences solely with regard to the formal requirements for the course of the procedure.

The landfill operator may make the notified insignificant change to a landfill as soon as the competent authority informs him that the change does not require authorisation or that the authority has not commented within one month of receipt of the notification (fiction of exemption).

The documents required for the approval of a landfill, which must at least be submitted by the applicant to the competent authority, are in accordance with § 19 paragraph 1 landfill ordinance:

the name and domicile or registered office of the project sponsor, the operator and the draft author;
an indication of whether a planning approval or a planning approval or whether an authorisation of early commencement is being applied for,
the location and name of the landfill,
justification of the necessity of the measure;
capacity of the landfill,
List of wastes with indication of the waste codes and waste designations according to the annex to the Waste List Ordinance and a description according to type and nature,
Information on the planning designations of the site, the site conditions, the hydrology, the hydrogeology, the geological conditions, the engineering geological and geotechnical conditions,
measures of the construction and deposition phase, including the measures envisaged for the prevention and control of pollution and the control and monitoring measures,
measures of the decommissioning and aftercare phase,
information on the provision of security,
in the case of the use of landfill substitute building materials, a list of the waste to be used with an indication of the waste keys and waste designations according to the annex to the Waste List Ordinance, including information on the total quantity and quality to be used as well as a description of the areas of application and justification of the necessity of the use.

In addition, the unconditional environmental impact assessment for new projects must be observed.

If a non-substantial change is to be notified, the landfill operator must submit the executed documents with the written notification of change to the competent authority at least one month before the intended change. Here, too, the obligation to submit regularly extends only to the information that is now subject to change compared to the initial project.
The documents must be submitted regularly in writing and, at the request of the competent authority, also in electronic form.
The competent authority remains free to request further application or notification documents. With regard to the content and scope of the documentation to be submitted, applicants or landfill operators are recommended to contact the competent authority at an early stage.

Approval of landfills

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