Definition of terms and legal classification of disposal
The term disposal in German law refers to the entirety of measures aimed at orderly, environmentally safe, and secure elimination or recovery of waste or other substances that are no longer needed, while safeguarding public safety and order. Legislators define disposal as the entire process from collection, transportation, processing, and recovery to the elimination of waste materials. Disposal is primarily regulated by the Circular Economy Act (KrWG), the Federal Immission Control Act (BImSchG), as well as a variety of waste and environmental law regulations.
Legal fundamentals of disposal
Circular Economy Act (KrWG)
The central law for the disposal of waste in Germany is the Circular Economy Act (KrWG). It regulates waste law terms, the responsibilities of waste producers and owners, requirements for waste recovery and disposal, as well as the monitoring and control system.
Principle of the waste hierarchy
Section 6 KrWG contains the so-called waste hierarchy which states:
- prevention
- preparation for reuse
- recycling
- other recovery, especially energy recovery
- disposal
Thus, disposal follows the principle of “recovery before disposal.” The priority always lies with the measure that imposes the least burden on the environment.
Definition of waste
According to Section 3 (1) KrWG, waste is any movable object whose owner discards, intends to discard, or is required to discard. The legal classification as waste is crucial for disposal, since it triggers various obligations and requirements.
Responsibilities and obligations
Waste producers and owners
In principle, the duty to dispose falls to the waste producer (Section 7 (2) KrWG). This party is required to recover the waste he creates in an orderly and harmless manner or, if recovery is not possible, to eliminate it. When passing waste on to third parties, appropriate duties of care must be observed and documentation maintained.
Public disposal service providers
For certain types of waste, especially household waste from private households, there is an obligation to transfer (§ 17 KrWG) to the public disposal service providers (usually municipalities or districts), who are responsible for further proper and environmentally safe disposal.
Monitoring and recordkeeping obligations
Evidence Ordinance
To ensure the legality of disposal, extensive monitoring regulations exist. According to the Evidence Ordinance (NachwV) in particular for hazardous waste, evidence and registration obligations must be met to ensure complete documentation of the disposal routes.
Control and monitoring system
Furthermore, the KrWG provides for a comprehensive control system. The responsible authorities are to monitor that disposal obligations are duly met and may take administrative measures up to and including ordering the return or proper disposal (§§ 62 ff. KrWG).
Special provisions for the disposal of specific waste
Hazardous waste
Hazardous waste is subject to stricter requirements under the Waste Catalogue Ordinance (AVV), NachwV, and to some extent European law. Proper disposal often requires contracting certified specialist disposal companies and using an electronic waste tracking system.
Electronic waste and ElektroG
For waste electrical and electronic equipment, the Electrical and Electronic Equipment Act (ElektroG)applies. Manufacturers are obligated to take back end-of-life equipment and ensure environmentally safe disposal. Private consumers can hand in old equipment at municipal collection points.
Medical and infectious waste
Medical waste is particularly regulated through the Infection Protection Act (IfSG) and special regulations. Such waste must be collected safely, specially labelled, and disposed of through authorized disposal routes.
Disposal of construction and demolition waste
For construction and demolition waste, the Substitute Building Materials Ordinance (EBV), parts of the KrWG, and the BImSchG apply. Specific obligations for recycling, recovery, and landfill must be observed. Asbestos-containing and other hazardous substances must be separated and disposed of according to special regulations.
Disposal routes and disposal evidence
Recovery
Recovery includes all measures by which waste is put to a useful purpose as part of a recovery process, such as recycling or energy recovery. In the interest of resource conservation, material recovery has priority.
disposal
Under disposal, the law understands measures that do not serve recovery, such as landfill or thermal treatment without energy utilization. Landfilling is strictly regulated under German and European laws and is only permitted if recovery is technically impossible or economically unreasonable.
Evidence obligations
The obligation to fully document the disposal of waste serves traceability and the prevention of illegal disposal. Every holder of hazardous waste must prove, record, and keep disposal documentation for five years.
Environmental, liability, and regulatory significance
Environmental protection law and emission control
Disposal touches on numerous environmental law requirements. In addition to the KrWG, the Water Resources Act (WHG), the Federal Immission Control Act (BImSchG), and chemicals law apply to minimize environmental burdens and dangers to humans, animals, and plants.
Liability for breaches of duty
Failure to properly dispose or improper disposal may result in civil, administrative, and criminal consequences. In addition to fines and regulatory orders, obligations for return, compensation, or even imprisonment may arise. The polluter pays principle takes precedence: Whoever generates waste is fundamentally responsible for its proper disposal.
Regulatory measures
Authorities have far-reaching powers to confiscate and remove improperly disposed waste, issue necessary orders, and carry out substitute actions at the cost of the responsible party.
EU and international requirements
German regulations on waste disposal are mainly shaped by EU requirements, especially the Waste Framework Directive 2008/98/EC, and relevant regulations such as the Waste Shipment Regulation (EC) No. 1013/2006. In addition, international regulations on the cross-border transport of hazardous waste exist under the Basel Convention.
Summary
The disposal of waste is a cross-disciplinary and highly complex subject that is detailed in Germany by the Circular Economy Act and numerous special laws. Responsibilities exist for producers, owners, and disposal service providers, with environmental protection and the precautionary principle taking center stage. Compliance with verifiable and controlled disposal routes is legally mandatory and subject to strict monitoring by the competent authorities.
Frequently Asked Questions
Who is responsible for the disposal of waste under German law?
Responsibility for the disposal of waste is comprehensively regulated under German law, particularly in the Circular Economy Act (KrWG). Basically, the waste producer—i.e., the person or company where the waste arises—is responsible for the proper and harmless disposal (§ 7 KrWG). This so-called “waste producer responsibility” includes both the duty to prevent waste as much as possible and, if prevention is not possible, to recover or dispose of the waste. In certain cases, disposal responsibility may be transferred to third parties, such as contracted specialist disposal companies. Nevertheless, the original waste producer’s duty to monitor remains—the so-called monitoring obligations under the Evidence Ordinance and recordkeeping obligations remain in place. For certain types of waste, especially hazardous waste, there are further evidence and recordkeeping obligations. In the area of municipal solid waste, public disposal service providers—usually cities and municipalities—bear the disposal responsibility (§ 17 KrWG). They organize the collection, transport, and disposal of such waste and can also involve private third parties.
What permits are required for commercial waste disposal?
Those who collect, transport, treat, recover, or dispose of waste commercially generally require official permission under Section 54 KrWG. For activities requiring special supervision, such as the disposal of hazardous waste, a separate permit is required, which is contingent on demonstrating special reliability, expertise, and professional competence. In addition, companies transporting hazardous waste often need a so-called “freight forwarding license” under the Road Haulage Act. Operators of waste facilities (e.g., recycling or landfill plants) also require permits under the Federal Immission Control Act (BImSchG) as well as, where applicable, waste law planning approvals. There is also the option to become certified as a “specialist disposal company,” which simplifies documentation requirements and recognizes competence and reliability.
When is waste considered hazardous and what special requirements then apply?
Hazardous waste is classified under the Waste Catalogue Ordinance (AVV) based on a fixed catalog of criteria and by referencing the list of waste types. Waste is considered hazardous in particular when it exhibits physical or chemical properties that pose a special danger to humans and the environment, such as toxicity, explosiveness, or infectiousness. Strict legal conditions apply to the disposal of hazardous waste: it is subject to the Evidence Ordinance, according to which every disposal route must be documented and monitored. Carriers, collectors, and disposers must have the appropriate permits, and the affected waste must be tracked using accompanying documents and electronic records. There are also notification and retention obligations, as well as specific requirements for packaging, labelling, transport, and storage.
What are the legal consequences of improper waste disposal?
German waste law sets out stiff sanctions for violations of proper disposal. This includes both administrative offenses (e.g., illegal dumping, missing documentation) and criminal offenses (such as willful or negligent endangerment of the environment). Administrative offenses can be punished with fines up to 100,000 euros, in especially serious cases even higher (§ 69 KrWG). In criminal cases, imprisonment of up to five years is possible (§ 326 StGB – Unlawful handling of waste). Furthermore, the competent authorities can impose immediate measures such as confiscation, substitute performance, and access bans. Additionally, polluters can be required to fully bear the costs of disposing of and removing illegally dumped waste (the so-called “cost reimbursement obligation”).
What documentation obligations exist in the course of waste disposal?
Documentation obligations depend on the type of waste and the activity within the disposal chain. For hazardous waste, complete documentation via the electronic waste tracking system (eANV) is mandatory (§ 50 KrWG, NachwV). This includes issuing consignment notes for each handover of waste, acceptance declarations, disposal certificates, and keeping a register. For non-hazardous waste, register obligations also apply, but in a more limited scope. Here, in particular, origin, quantity, type, whereabouts, and disposal route must be recorded and kept for at least three years. Companies required to take back products (e.g., under the Packaging Act, ElektroG, BattG) have additional recordkeeping and reporting obligations.
Who bears the costs for necessary waste disposal?
In principle, the waste producer bears the cost for the proper disposal of their waste, whether private or commercial. In the case of municipal solid waste, the costs are passed on to users via waste fees (usage fees or charges, fee notices within the meaning of municipal fee laws). In cases of illegally dumped or found waste, the polluter is initially liable (“polluter pays principle”). If the polluter cannot be determined, property owners, tenants, or other entitled users may be held liable (§ 15 KrWG). If disposal is carried out as part of take-back obligations (such as for batteries, electrical devices, packaging), the responsible manufacturers and distributors are required to bear the costs.
What special regulations apply for the disposal of electrical and electronic equipment?
The Electrical and Electronic Equipment Act (ElektroG) sets out specific requirements for the disposal of electrical and electronic devices. Its primary objectives are separate collection, recycling, and environmentally sound disposal of hazardous substances. Manufacturers and importers are required to register with the EAR Foundation, establish take-back systems, and ensure recycling quotas are met. Consumers are obligated to dispose of old appliances at designated collection points, such as recycling centers or retailers; disposal via household waste is prohibited. Transport, treatment, and recycling may only be conducted by certified specialist companies. In addition, strict reporting and notification obligations, as well as rules regarding financing and proof of proper disposal, are stipulated.
