Substitute building materials regulation

from Wikipedia, the free encyclopedia
Basic data
Title: Ordinance on requirements for the installation of mineral substitute building materials in technical structures
Short title: Substitute building materials regulation
Abbreviation: Substitute Building MaterialsV
Type: Federal Ordinance
Scope: Federal Republic of Germany
Legal matter: Environmental law
Issued on: not yet issued
Entry into force on: not yet entered into force
Please note the note on the applicable legal version.

The Substitute Building Materials Ordinance is a planned ordinance of the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety . The subject of the ordinance is the regulation of mineral substitute building materials, i.e. building materials obtained from recycling material , by-products or waste . The first versions were published in 2011, but no agreement has yet been reached. A draft currently exists as of March 2020.

The Substitute Building Materials Ordinance is part of a planned shell ordinance to introduce the Substitute Building Materials Ordinance , to revise the Federal Soil Protection and Contaminated Sites Ordinance and to amend other ordinances.

Structure of the Substitute Building Materials Ordinance

The draft of the Substitute Building Materials Ordinance is divided into six sections (a total of 27 paragraphs) and nine annexes:

  1. General provisions
  2. Acceptance of mineral construction and demolition waste
  3. Manufacture of mineral substitute building materials
  4. Installation of mineral substitute building materials
  5. Expansion of mineral substitute building materials
  6. Common provisions
  • Appendix 1 Material values
  • Appendix 2 Possible uses of mineral substitute building materials in technical structures
  • Appendix 3 Possible uses of mineral substitute building materials in specific railway construction methods
  • Appendix 4 Type and cycle of the tests of mineral substitute building materials within the scope of quality monitoring
  • Appendix 5 Determination procedure
  • Appendix 6 Permissible exceedances
  • Annex 7 Permissible waste codes for mineral substitute building materials
  • Appendix 8 Sample delivery note
  • Appendix 9 Sample cover sheet
The rest of the article needs to be revised: some information is out of date and difficult to understand (very detailed, abbreviations, no explanation / link, language). There is also no evidence for the last section.
Please help to improve it , and then remove this flag.

Objectives of the planned substitute building materials ordinance

After the justification, the draft pursues the following goal:

  • Nationwide, uniform and legally binding regulation for the harmless use of mineral substitute building materials for technical purposes and for recycling,
  • to limit nationally uniform pollutants that can penetrate the soil and groundwater through seepage water when mineral substitute building materials are installed in technical structures. Mineral substitute building materials are u. a. Recycled building materials as well as slag from metal production and ashes from thermal processes.

Sustainable goals that are part of the development of the Substitute Building Materials Ordinance are:

  • Elimination of legal uncertainties in the use and recycling of mineral substitute building materials for all parties involved,
  • Reduction of administrative processes for the installation or for the use of mineral substitute building materials for technical purposes,
  • Increase of competitive chances for nationwide construction and delivery services by repealing country-specific regulations.

In addition to the sustainable protection of soil and groundwater, the Substitute Building Materials Ordinance complies with the basic idea of ​​the Recycling Management Act to primarily conserve natural resources.

scope of application

The planned substitute building materials regulation regulates:

  • Requirements for the production of mineral substitute building materials in mobile and stationary systems and the placing on the market of mineral substitute building materials,
  • Requirements for the sampling and examination of unprocessed soil material that is to be excavated or removed,
  • the conditions under which the use of mineral substitute building materials does not generally lead to harmful effects on people and the environment within the meaning of Section 4 (1) number 4, last part of the sentence of the Recycling Management Act or Section 5 (1) number 4 of the Recycling Management Act,
  • Requirements for the installation of mineral substitute building materials in technical structures and,
  • Requirements for the expansion of mineral substitute building materials from technical structures.

However, according to Draft specific application areas excluded:

  • Mineral primary raw materials, such as minerals, stones, gravel, sands and clays, which are extracted as mineral resources in dry or wet excavations, open-cast mines or quarries,
  • the application or introduction of mineral substitute building materials on or into a rootable soil layer, not even if the rootable soil layer is applied, introduced or produced in connection with the construction of a technical building,
  • the application or introduction of mineral substitute building materials, in particular for backfilling an excavation and for mass balancing in the context of a construction project below or outside a soil layer that can be rooted through,
  • the interim and relocation of mineral substitute building materials and other materials in the context of the construction, modification or maintenance of structural and operational systems, provided that the materials are used in the context of a construction project under comparable geological and hydrogeological conditions,
  • the application, introduction or relocation of materials as part of the remediation of a harmful soil change or contaminated site,
  • the recycling of mineral waste as landfill substitute building materials according to Part 3 of the Landfill Ordinance,
  • the installation or introduction of mineral substitute building materials in the rehabilitation of piles of potash and hard coal mining,
  • the introduction of mineral waste into mining cavities in accordance with the displacement ordinance,
  • the use of mineral substitute building materials in dyke construction,
  • the introduction of mineral substitute building materials into bodies of water,
  • the recovery of asphalt in road construction, if the "Guidelines for the environmentally friendly recovery of construction materials with tar / pitch-typical components as well as for the recovery of asphalt in road construction - RuVA-StB 01 -, edition 2001, version 2005" of the research company for roads and Transport (FGSV) and the "Technical delivery conditions for asphalt granulate - TL AG-StB -, Edition 2009 -" of the Research Society for Roads and Transport (FGSV) are applied.
  • the introduction of mineral substitute building materials into federal facilities in accordance with Section 9a (3) of the Atomic Energy Act in the version of the announcement of July 15, 1985 ( Federal Law Gazette I p. 1565 ), which was last amended by Article 1 of the Law of July 26, 2016 ( Federal Law Gazette I p. 1843 ) has been changed.

With consideration of the areas of application of the Substitute Building Materials Ordinance, manufacturers, dealers, carriers and users of mineral substitute building materials, producers and owners of waste from technical buildings and building owners will be affected.

Extract from the content

The following mineral substitute building materials are listed in the draft bill of February 6, 2017:

These substitute building materials are classified into individual classes or qualities using material values (Appendix 1), derived from the test values ​​of the Groundwater Ordinance.

Tables (Appendix 2 and 3) for possible uses are provided for each quality, in which the installation methods and technical structures are also recorded.

Whether a substitute building material may be used for a sought-after technical building from an environmentally relevant point of view depends on the place of use in addition to the material values ​​to be complied with, namely whether this is within a water protection area or outside of it.

Outside of water protection areas, water priority areas and healing spring protection areas (water protection areas), the configurations of the groundwater cover layers are differentiated in the tables into "unfavorable", "favorable - sand" and "favorable - loam / silt / clay".

Within water protection areas, the possible uses of mineral substitute building materials are limited to the favorable properties of the groundwater cover layers (sand or loam / silt / clay, groundwater-free seepage distance> 1m). In addition, within water protection areas, the possible uses of mineral substitute building materials are limited to the favorable case of loam / silt / clay in individual cases.

The groundwater-free seepage distance is the distance between the lower installation horizon of the mineral substitute building material and the highest measured groundwater level plus a safety distance of 0.3 meters.

In the draft bill of the Substitute Building Materials Ordinance, 17 technical structures are stored in the tables (Appendix 2). There are also 26 specific railway construction methods (Appendix 3)

outlook

The substitute building materials ordinance is to be supplemented by further statutory ordinances within the framework of a shell ordinance. In addition to the Federal Soil Protection Act and the Federal Soil Protection Act and the rules Recycling Law , the Waste Regulation , the Commercial Waste Ordinance , the Landfill Ordinance and a number of other provisions, the mineral material flows in Germany.

The technical guidelines must also be checked for the use of mineral substitute building materials in technical structures. A mineral substitute building material, which from an environmentally relevant point of view acc. Table of the Substitute Building Materials Ordinance is suitable for installation, does not necessarily have to be suitable from a technical point of view.

Sufficient availability and regional economic viability of the mineral substitute building material must also be preserved. This can only result from an interaction with the market or with experts in the circular economy. This is also important for the profitability assessment and planning of technical structures.

With the draft of the Substitute Building Materials Ordinance (Article 1 of the Shell Ordinance) of February 6, 2017 and the results from the simulation game Shell Ordinance (aspects of the circular economy and soil protection and practicality), the Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety (BMUB) has reached the goal of a Bill much closer than with the third draft of the shell regulation.

literature

  • Gernot Stracke: Online publication on Substitute Building Materials Ordinance , Sprockhövel 2011.
  • Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (Ed.): Reason for the regulation on the installation of mineral substitute building materials in technical structures and for the amendment of the Federal Soil Protection and Contaminated Sites Ordinance as of February 6, 2017 , Bonn 2007.
  • Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (Ed.): Draft, ordinance of the federal government, ordinance laying down requirements for the introduction and discharge of substances into the groundwater, the installation of substitute building materials and the use of soil and soil-like material. , Bonn January 6, 2011
  • Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety (Ed.): Draft, ordinance laying down requirements for the introduction or discharge of substances into the groundwater, the installation of substitute building materials and the revision of the Federal Soil Protection and Contaminated Sites Ordinance. , Bonn July 23, 2015
  • Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety (Ed.): Draft bill, regulation for the introduction of a substitute building materials regulation, for the new version of the federal soil protection and contaminated sites regulation and for the amendment of the landfill regulation and the commercial waste regulation. , Bonn February 6, 2017

Individual evidence

  1. ↑ Federal Ministry for the Environment, Nature Conservation and Nuclear Safety: Ordinance introducing a substitute building materials ordinance, revising the Federal Soil Protection and Contaminated Sites Ordinance and amending the Landfill Ordinance and the Commercial Waste Ordinance - BMU laws and ordinances. Retrieved June 11, 2020 .

Web links