Ordinance on the disposal of vegetable waste by incineration outside of waste disposal facilities

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An ordinance on the disposal of vegetable waste outside of waste disposal facilities is a statutory ordinance of a German state government which , based on the authorization in Section 4 (4) of the Waste Disposal Act, and Section 27 (3) of the Recycling and Waste Management Act in the applicable until May 30, 2012 Version or Section 28 (3) of the Recycling Management Act (KrWG) permits the disposal of plant waste outside of waste disposal facilities .

The prerequisite is that there is a need for this and there is no cause for concern that the general public will be affected. Allows that is burning is usually only when there are no alternative disposal options in the area. The statutory ordinance typically regulates the requirements and the manner of removal.

Germany

Vegetable waste in waste law

The federal law's avoidance requirement ( Section 7 (1) KrWG) also applies to plant waste as a basic principle of the circular economy .

Unavoidable bio-waste such as hedge and tree cuttings from horticultural soils within the meaning of Section 3 (7) of the KrWG are generally to be recycled according to the Biowaste Ordinance ( Section 7 (2), Section 11 (2) of the KrWG).

The producers or owners of waste that is not recycled are generally obliged to dispose of it. For the purpose of disposal, waste may only be treated, stored or deposited in the approved facilities or facilities ( waste disposal facilities ). Deviating from this, the competent authorities according to § 28 para. 2 KrWG can authorize the disposal of certain waste or certain quantities of this waste outside of waste disposal facilities in individual cases by administrative act or the state government according to § 28 para. 3 KrWG by statutory order. Individual regulation in accordance with Section 28 (2) KrWG can also be issued by way of a general ruling within the meaning of Section 35 sentence 2 VwVfG.

Overview of the individual state regulations

  • Baden-Württemberg : Ordinance of the state government on the disposal of vegetable waste outside of waste disposal facilities of April 30, 1974
  • Bavaria : Ordinance on the disposal of plant waste outside of approved disposal facilities (Bavarian Plant Waste Ordinance - PflAbfV) in the version of the announcement of March 13, 1984
  • Berlin : In Berlin, the Senate did not allow any exceptions in the form of a statutory ordinance. Therefore, the burning of vegetable waste is generally prohibited.
  • Brandenburg : Ordinance on the disposal of compostable waste and vegetable waste outside of approved waste disposal facilities (Waste Compost and Incineration Ordinance-AbfKompVbrV) of September 29, 1994
  • Bremen : No exceptions, see Berlin.
  • Hamburg : Ordinance on the disposal of waste outside waste disposal facilities of October 15, 1974
  • Hesse : Ordinance on the disposal of vegetable waste outside waste disposal facilities (PflAbfV, HE) of March 17, 1975 (GVBl. I 1975 p. 48 of March 19, 1975)
  • Mecklenburg-Western Pomerania : State Ordinance on the Disposal of Plant Waste Outside of Waste Disposal Facilities (Plant Waste Land Ordinance - PlantAbfLVO MV) of June 18, 2001
  • Lower Saxony : Ordinance on the disposal of plant waste and driftwood outside of waste disposal facilities (Plant Waste Ordinance - PflAbfVO) of January 14, 2015, Nds. GVBl. No. 1/2015
  • North Rhine-Westphalia : Since the repeal of the Plant Waste Ordinance in the state of North Rhine-Westphalia, there is no longer any state law regulation. Vegetable waste may, however, be incinerated with the consent of the municipality through individual permits.
  • Rhineland-Palatinate : State ordinance on the incineration of vegetable waste outside waste disposal facilities of July 4, 1974
  • Saarland : Ordinance on the disposal of plant waste outside of waste disposal facilities (Plant Waste Ordinance - PlantAbfV) of August 31, 1999
  • Saxony : Ordinance of the Saxon state government on the disposal of plant waste (Plant Waste Ordinance - PlantAbfV) of 25 September 1994
  • Saxony-Anhalt : The regulation on the disposal of vegetable garden waste outside of waste disposal facilities (GartAbfVO) of May 25, 1993 transfers the authorization according to Section 28, Paragraph 3, Clause 3 of the KrWG applies to the districts and independent cities.
  • Schleswig-Holstein : State ordinance on the disposal of vegetable waste outside of waste disposal facilities of June 1, 1990
  • Thuringia : Thuringian Ordinance on the Disposal of Plant Waste (Thuringian Plant Waste Ordinance - ThürPflanzAbfV) of March 2, 1993

Conditions and method of elimination

The disposal of vegetable waste outside of waste disposal facilities is regulated inconsistently in the individual federal states.

There is a general ban in Bremen and Berlin.

The existing regulations of the other federal states have in common that plant waste is primarily to be recycled through rotting or composting, also at collection points or in composting plants. In Thuringia, only rotting has been permitted since January 1, 2016, but not burning outside of waste disposal facilities, as has been permitted in Hamburg since October 2017. In other federal states, garden waste is exceptionally allowed on the property on which it was generated or also outside of it ( Forest waste), are burned. If there is a mere notification obligation (Bavaria, Hesse, Lower Saxony), it is technically a permit with reservation of the prohibition , a permit requirement as in Brandenburg means legally a ban with reservation of permission .

A restriction can apply to vegetable waste from households and gardens, the incineration of which may generally not be permitted (Brandenburg). Incineration is then only permitted for certain vegetable waste from agriculture, forestry and commercial horticulture (Bavaria). The incineration can only take place in certain months (Saarland: March and October), on certain days of the week (so-called burning days) and only at certain times of the day (Hesse: Monday to Friday from 8:00 a.m. to 4:00 p.m., Saturdays from 8:00 a.m. 00 to 12:00) (Lower Saxony: temporal and spatial restrictions by ancillary provisions of the authority). During incineration, minimum clearances to streets, buildings, airports or nature reserves must be observed and the fire must be supervised. Burning may not be permitted due to the weather, for example in strong winds or if there is a risk of forest fire .

Extinguished combustion residues must be worked into the soil as soon as possible or covered with earth.

Violations are punished as an administrative offense with a fine (cf. § 69 para. 1 no. 8 KrWG).

Custom fire

Custom fire , such as B. Easter bonfires , do not have the aim of burning waste, but serve to maintain customs. Their admissibility is therefore not regulated by waste law, but is mostly assessed according to state pollution control or general safety and regulatory law ( fire protection ). In addition, the nature conservation law of the federal states may be relevant, which prohibits the ignition of open fires in legally protected biotopes, e.g. Section 20 Nature Conservation Implementation Act (Mecklenburg-Western Pomerania) . Traditional fires are also problematic from the point of view of protecting small animals.

In North Rhine-Westphalia, for example, according to Section 7 (1) LImschG, burning objects in the open air is prohibited if the neighborhood or the general public could be endangered or significantly annoyed. The municipalities can, however, permit exceptions to the prohibition in individual cases at their discretion by means of a regulatory ordinance, if air pollution is only to be expected in the short term (Section 7 (2) LImschG).

There is a comparable regulation in Section 7 of the Brandenburg State Immission Control Act. For Easter bonfires, exceptions to the immission control law incineration ban are generally required.

The OVG Münster sees a strong indication of a traditional (Easter) fire in the fact that the fire is organized by religious communities, organizations and associations anchored in the local community and is accessible to everyone as part of a public event. On the one hand, the community experience creates the special meaning of the Easter fire or at least promotes it; on the other hand, in these cases the otherwise obvious concern that only plant waste should be illegally disposed of under the pretext of an Easter fire does not arise. If, on the other hand, cuttings are burned privately or privately by farmers or gardeners, it is not a traditional fire if and only because the burning occurs (regularly) at Easter.

If plant waste is incinerated as part of traditional customs, no notification is required in the Saarland under the Plant Waste Ordinance. Local police ordinances issued on the basis of the Saarland Police Act can, however, stipulate an obligation to notify traditional fires with fines, also in Saxony, Saxony-Anhalt and Schleswig-Holstein. In Bavaria, the State Ministry of the Interior has issued a nationwide ordinance on the prevention of fires (VVB) .

In Bremen, the local police authority must be notified of the burning of fires at least 14 days in advance. The Hessian Ministry for the Environment, Energy, Agriculture and Consumer Protection recommends that the municipalities issue a hazard prevention ordinance according to § 74 HSOG. According to this, traditional fires must also be reported to the local regulatory authority at least 14 days before the event.

Legal policy

Disposal options for vegetable waste are now available practically everywhere. The exceptional character of garden waste incineration is given a significant increase in weight. In addition, the local air pollution from fine dust can exceed the EU daily value of 50 µg / m³ even if the existing incineration regulations are used properly .

Austria

According to Section 3 (1) of the Federal Air Pollution Control Act (BLRG), both the selective and extensive burning of materials outside of designated facilities is prohibited. Exceptions are possible on the basis of an ordinance of the governor or in individual cases by a decision of the district administrative authority (§ 3 Paragraph 4 and Paragraph 5 BLRG) for example for the burning of pest and disease-infested materials, smoking in the orchard and vineyard area as a measure of frost protection or also for fire in the context of traditional events.

Switzerland

According to Art. 30 of the Environmental Protection Act (EPA), waste is to be avoided or recycled as far as possible. Disposal must be environmentally friendly. Waste may not be incinerated outside of the facilities. This does not apply to the incineration of natural forest, field and garden waste if it does not result in excessive pollution (Art. 30c EPA). According to Art. 26b of the Air Pollution Control Ordinance (LRV), natural forest, field and garden waste may be incinerated outside the facility if it is so dry that little smoke is produced. On the one hand, the cantons can approve the incineration of insufficiently dry forest, field and garden waste in individual cases if there is an overriding interest and no excessive emissions arise. On the other hand, you can restrict or prohibit the incineration of forest, field and garden waste outside of facilities for certain areas or times if excessive immissions are to be expected.

Traditional bonfires, for example on the occasion of the federal holiday on August 1st, are permitted.

Individual evidence

  1. ↑ BGBl. I p. 873
  2. ↑ § 27 Recycling Management and Waste Act dejure.org
  3. ↑ Journal of Laws p. 187
  4. ↑ GVBl. P. 100
  5. ↑ GVBl.II / 94, No. 68, p. 896
  6. ↑ HmbGVBl. P. 311
  7. ^ Ordinance on the disposal of vegetable waste outside of waste disposal facilities (PflAbfV HE). In: https://www.rv.hessenrecht.hessen.de . March 17, 1975, accessed June 2020 .
  8. ↑ GVOBl. No. 9 of July 18, 2001 p. 281
  9. ↑ cf. Announcement of the new version of the ordinance on the disposal of plant waste outside of waste disposal facilities (Plant Waste Ordinance) of 6 September 1978, GV. NW. 1978 p. 530 ; repealed on April 30, 2003 by ordinance of February 11, 2003 (GV.NRW. p. 71)
  10. ↑ cf. Ministry for Climate Protection, Environment, Agriculture, Nature and Consumer Protection of the State of North Rhine-Westphalia : Leaflet on the disposal of vegetable waste outside of waste disposal facilities Status: October 2, 2012, p. 6
  11. ↑ GVBl. 1974, 299
  12. ↑ Official Gazette p. 1319
  13. ↑ SächsGVBl. P. 1577
  14. ↑ GVBl. LSA p.262
  15. ↑ cf. State Office for Environmental Protection Saxony-Anhalt : Incineration of Garden Waste Report 2009 - Special Issue 3, p. 18 (Overview of the legal situation on garden waste incineration in the districts and independent cities in Saxony-Anhalt as of May 2006)
  16. ↑ GVOBl. 1990, 412
  17. ↑ GVBl. 1993, 232
  18. ↑ cf. Answer of the state government to a small question for a written answer: Incineration of garden waste in Germany State Parliament of Saxony-Anhalt Drs. 6/2896 of March 17, 2014, p. 9 ff.
  19. ↑ Plant waste and its disposal Thuringian Ministry for the Environment, Energy and Nature Conservation , website accessed on December 22, 2018
  20. ↑ New regulation: Incineration of garden waste no longer permitted Authority for the Environment and Energy , website accessed on December 23, 2018
  21. ↑ cf. Ministry for Climate Protection, Environment, Agriculture, Nature and Consumer Protection of the State of North Rhine-Westphalia : Leaflet on the disposal of vegetable waste outside of waste disposal facilities Status: October 2, 2012, p. 6
  22. ↑ cf. For example, traditional fire (e.g. Easter fire) leaflet of the Lower Saxony Fire Brigade Association, as of 01/2012
  23. ↑ Customs fire in the Schwerin city area Website of the state capital Schwerin, accessed on December 24, 2018
  24. ↑ Combustion of Biogenic Materials Website of the city of Ibbenbüren, accessed on December 21, 2018
  25. ↑ Easter fire poses a deadly danger for animals Hamburger Tierschutzverein, April 10, 2017
  26. ↑ Law on protection against air pollution, noise and similar environmental impacts (State Immission Control Act - LImschG) of March 18, 1975
  27. ↑ cf. Regulatory authority ordinance on the maintenance of public safety and order in the area of ​​the city of Schleiden : §§ 14, 16 Paragraph 2 No. 3 contains an obligation to notify traditional fires with fines.
  28. ↑ § 7 State Immission Control Act (LImschG) in the version of the announcement of July 22, 1999 (GVBl.I / 99, No. 17, p.386)
  29. ^ Easter bonfires and small bonfires in the Teltow-Fläming district , press office, April 18, 2011
  30. ^ OVG North Rhine-Westphalia, decision of April 7, 2004 - 21 B 727/04 , NWVBl. 2004, p. 387 f.
  31. ↑ cf. §§ 8 Paragraph 2, 23 Paragraph 1 No. 18 Police Ordinance on the maintenance of public safety and order on roads and in the facilities in the city of Dillingen / Saar of 30 June 2013
  32. ↑ cf. Burning down a traditional or traditional fire Website of the municipality of Reinsberg, accessed on December 24, 2018
  33. ↑ cf. Ordinance on the implementation of traditional bonfires for the area of ​​the Seehausen (Altmark) community of 11 November 2014
  34. ↑ Incineration of vegetable waste / Easter and other traditional fires in the Rendsburg-Eckernförde district, information sheet 2010
  35. ^ Ordinance on the prevention of fires (VVB) of April 29, 1981 (BayRS III p. 615) BayRS 215-2-1-I
  36. ↑ Leaflet Easter Fire and Customs Fire District Office Dachau, accessed on December 24, 2018
  37. ↑ § 8 Local Law on Public Order of September 27, 1994 (Brem.GBl. 1994, 277)
  38. ↑ Fire protection tips for burning down Easter fires Website of the Bremen Fire Brigade, accessed on December 23, 2018
  39. ↑ § 74 Hessian Law on Public Safety and Order (HSOG)
  40. ↑ Customs fire in Hessen Letter from the Hessian Ministry for the Environment, Energy, Agriculture and Consumer Protection dated December 20, 2012
  41. ↑ cf. Section 12 of the Hazard Defense Ordinance on the maintenance of security and order in the state capital Wiesbaden
  42. ↑ cf. Answer of the state government to a small question for a written answer: Incineration of garden waste in Germany State Parliament of Saxony-Anhalt Drs. 6/2896 of March 17, 2014, p. 22 ff.
  43. ↑ Federal law on the incineration of materials outside of facilities (Federal Air Pollution Control Act - BLRG) Federal Law Gazette I No. 137/2002
  44. ↑ cf. For example, ordinance of the Governor of Styria of March 22, 2011 on the admissibility of fire in the context of traditional events (BrauchtumsfeuerVO) LGBl. No. 22/2011
  45. ↑ Clean Air Ordinance (LRV) of December 16, 1985
  46. ↑ Regula Rometsch, Angelo Papis: Air hygiene measures plan prohibits waste incineration outdoors: no fires outdoors in winter Zürcher Umweltpraxis 2010, p. 7 f.