Waste disposal facilities; application for the implementation of a planning approval procedure or planning approval procedure for the construction, operation and modification of landfills
Landfills are disposal facilities for the deposit of waste above ground (surface landfills) or below ground (underground landfills). Landfills also include on-site waste disposal facilities for the deposit of waste, in which a waste producer carries out waste disposal at the place of generation.
The construction and operation of landfills as well as the substantial modification of such a facility or its operation require planning approval by the competent authority. In the planning approval procedure, an environmental impact assessment shall be carried out in accordance with the provisions of the Environmental Impact Assessment Act and the public shall be involved.
- Inert waste (construction waste) landfills: district administrative authorities
- other landfills: governments
For the construction and operation of a landfill, the promoter of the project shall submit a written application to the competent authority, which shall contain at least:
- the name and residence or registered office of the promoter of the project, the operator and the designer,
- an indication of whether planning approval or planning permission or permission for early commencement is sought,
- the location and designation of the landfill,
- justification of the need for the measure,
- capacity of the landfill,
- List of wastes with waste codes and waste designations in accordance with the Annex to the List of Wastes Ordinance and a description by type and nature,
- information on the planning designations of the site, site conditions, hydrology, hydrogeology, geological conditions, engineering geology and geotechnical conditions,
- measures to be taken during the construction and disposal phases, including the pollution prevention and control measures envisaged and the control and monitoring measures to be taken
- measures of the decommissioning and after-care phase,
- information on the provision of security,
- in the case of the use of landfill substitute construction materials, a list of the wastes to be used, indicating the waste codes and waste designations in accordance with the Annex to the List of Wastes Ordinance, including information on the total quantity and properties to be used, as well as a description of the areas of use and justification of the necessity of the use.
In some cases regulated by law, in particular where there is a substantial change to a landfill site or its operation, a planning approval procedure without (general) public participation and without an environmental impact assessment can be carried out instead of a planning approval procedure. However, this can only be considered if the project cannot have any significant adverse effects on humans, animals and plants, soil, water, air, climate, landscape, cultural and other material assets.
§ 35 Gesetz zur Förderung der Kreislaufwirtschaft und Sicherung der umweltverträglichen Bewirtschaftung von Abfällen (Kreislaufwirtschaftsgesetz - KrWG)
Art. 25 Gesetz zur Vermeidung, Verwertung und sonstigen Bewirtschaftung von Abfällen in Bayern (Bayerisches Abfallwirtschaftsgesetz - BayAbfG)
Verordnung über Deponien und Langzeitlager (Deponieverordnung - DepV)
First, the project sponsor contacts the competent authority and informs it of the essential content of the project. The type and scope of the planning documents to be submitted, including any expert opinions to be obtained, are clarified. On this basis, the project sponsor prepares the plan and submits it to the competent authority, thus initiating the actual approval procedure. The documents are checked for completeness and additional documents may be requested.
Once the application is complete, it is made available for inspection for one month after it has been announced in accordance with local practice. Up to two weeks after the display, anyone may raise objections to the plan in writing. If this is the case, a meeting is held to discuss the objections. The site municipality and the specialist authorities concerned are always involved.
Taking into account everything that has been submitted in the course of the procedure, the planning approval decision is then issued.
This decision includes all other necessary approvals under public law and comprehensively shapes all relationships under public law between the project sponsor and the parties affected by the plan.
Responsible for the content
Bayerisches Staatsministerium für Umwelt und Verbraucherschutz (Bavarian State Ministry of the Environment and Consumer Protection)
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