Hazardous waste - Managing director See explanation of the designation of:
Conditions
General information Explanation of this section
If hazardous waste (except asbestos cement)
- is to be collected and/or treated by a legal person or
- if the person collecting or treating the waste fails to furnish proof that she/he herself/himself has the necessary technical know-how and skills,
a full-time employee must be appointed as managing director in the field of waste management [" abfallrechtliche Geschäftsführerin/abfallrechtlicher Geschäftsführer "]. The appointment requires a permit .
The authority must be notified of the termination of the appointment of the waste managing director.
Please noteIt is permitted to appoint several waste managing directors with clearly defined fields of activity.
Requirements Explanation of this section
Only those persons can be appointed as waste managing directors that
- are reliable with respect to the activity to be carried out and have the technical know-how and skills required for the collection and treatment of the wastes for which the permit is granted;
- satisfy the requirements of a responsible person in charge [ "verantwortliche Beauftragte/verantwortlicher Beauftragter "] as set out in section 9 of the Verwaltungsstrafgesetz (VStG); and
- is in a position to act accordingly at the enterprise.
The waste managing director is legally responsible for ensuring that the activity is carried out in a technically proper manner and is responsible for compliance with waste legislation including waste permits.
Deadlines Explanation of this section
In cases where an appointed waste managing director leaves, deadlines must be observed (see " Further information "). The authority must be notified of the termination of the appointment.
Procedure Explanation of this section
The application for the permit concerning the appointment of the waste managing director must be filed with the competent authority . Using in particular the documents provided, the latter checks whether the requirements for the appointment of the concrete person as waste managing director have been fulfilled and decides on the issue by official notice.
Please noteThe application for the granting of the permit for the collection and/or treatment of hazardous waste and the application concerning the appointment of the waste managing director can also be filed together.
Required documents Explanation of this section
For the appointment: Proof of the fulfilment of the requirements.
Costs Explanation of this section
Costs depend on various ordinances on levies and fees. It is recommendable to gather more detailed information from the competent authority beforehand.
Responsibilities
Competent authority Explanation of this section
The Provincial Governor German text
Details
Additional information Explanation of this section
If the waste managing director leaves the enterprise, the person holding the permit must, without delay, notify to the competent authority , appoint a new waste managing director and apply for the corresponding permit. If this appointment and the application are not carried out within three months, the activity has to be stopped.
Legal basis Explanation of this section
section 26 of the Abfallwirtschaftsgesetz (Waste Management Act – AWG)