Circular Economy; Commercial Waste Regulation

Commercial Waste Ordinance

The amended Commercial Waste Ordinance (GewAbfV) has been in effect since August 2017. It regulates the handling of waste from commercial enterprises. This ordinance is intended, in particular, to implement the 5-step waste hierarchy. High-quality materials from commercial municipal waste and construction and demolition waste are to be reused, reprocessed, and recycled to a greater extent. Material recovery takes precedence over energy recovery in order to conserve raw materials.

All commercial waste generators and owners are subject to the requirements for separate collection and documentation.

Sources of commercial municipal waste include:

• Industry, commerce, and skilled trades; other commercial enterprises
• Offices, administrative bodies, and law firms; self-employed professionals
• Churches, educational institutions, universities, technology centers, “public and private institutions”
• schools and kindergartens, clubs,
• restaurants and hotels,
• Medical practices, clinics, and senior care facilities, among others

Important:

1. Separate collection is mandatory. Waste generated at the point of origin must be sorted by type.
2. Mixed collection: is permitted only in exceptional cases. If waste cannot be collected separately, commercial establishments must explain the reasons why. In addition, mixed waste must always be sent to a pretreatment facility (§4 GewAbfV) that meets the requirements of § 6 GewAbfV.
3. Documentation requirement. For each waste fraction, the annual quantity generated and how the waste is recycled or disposed of must be specified. The following must be documented: the contracted company, the types and sizes of containers used, the disposal agreements and acceptance declarations, the quantities, and the final destination of the waste.

The following waste fractions must be collected separately

For commercial municipal waste

• Paper, cardboard, and paperboard (excluding hygiene paper products)
• Glass
• Plastics
• Metals
• Biodegradable kitchen and cafeteria waste, garden and market waste
• Wood
• Textiles
• Other waste fractions (contained in the waste specified in Section 2, No. 1, letter b of the Commercial Waste Ordinance)

For construction and demolition waste

• Glass (waste code 17 02 02)
• Plastic (waste code 17 02 03)
• Metals, including alloys (waste codes 17 04 01 through 17 04 07 and 17 04 11)
• Wood (waste code 17 02 01)
• Insulation material (Waste code 17 06 04)
• Bituminous mixtures (Waste code 17 03 02)
• Gypsum-based building materials (Waste Code 17 08 02)
• Concrete (Waste Code 17 01 01)
• Bricks (Waste Code 17 01 02)
• Tiles and ceramics (Waste Code 17 01 03)

Packaging (Group 15 01), which is also generated during construction and demolition work, must be collected separately according to its different material composition (paper, glass, plastic, metal, etc.), unless it has been handed over to the product responsible party obligated to dispose of it.

Incorrect Disposal Rate

Business owners must ensure that the improper disposal rate remains below 5 %.

Mandatory residual waste bin

Every business must provide and use at least one municipal residual waste container for non-recyclable waste. The size is determined by the municipal waste management ordinance (depending on the type and size of the business or the number of employees) (§7 GewAbfV)
Residual waste for disposal includes, for example, broken glass, used hygiene products, used or defective office supplies, street sweepings, ashtray contents, and other similar items.

This must be documented and submitted to the authorities upon request.

1. Proof of separate collection

For all relevant waste fractions generated at the business, e.g., through site plans, photographs, and practical evidence such as delivery slips, weighing slips, or similar documents.

2. The waste disposal company’s acceptance statement

Prior to the first waste pickup, both proof of the waste’s destination and an estimate of the expected volume must be provided (name and address of the waste disposal company, intended destination of the waste).

3. Exceptions to the Separate Collection or Pretreatment Requirement:The waste generator must provide detailed and verifiable justification for each exception (e.g., technically impossible or economically unfeasible)

4. The Operator’s Declaration

Prior to the first delivery to a pretreatment facility, the contracted waste disposal operator must obtain written confirmation from the pretreatment facility that it complies with the required technical equipment standards and meets the sorting and recycling rates.

5. Possible Proof of Achieving a 90% Separate Collection Rate

This requires confirmation from a certified expert.

Exemption from the Documentation Requirement

In the case of small-scale construction or demolition projects in which less than a total of 10 m³ of waste is generated in a single instance , the disposal of the waste need not be documented separately as an exception.

The obligation to separate and recycle waste remains in effect.

Exceptions to the Separation Requirement

1. Proven technical impossibility (e.g., lack of space, placement possible only in a publicly accessible area)

2. Demonstrated economic impracticability (e.g., disproportionately higher costs for separate collection, too small quantities, or only sporadic generation)

Businesses are encouraged to explore possible alternatives (e.g., drop-off systems).

Mixed waste must not contain the following:

• In the case of commercial municipal waste that is collected as a mixed stream based on a justification for an exemption, facilities such as senior care facilities, hospitals, and medical practices must ensure that no waste from the healthcare sector (human or veterinary medicine) is mixed in. Glass and organic waste must also be kept separate as much as possible to ensure that high-quality recycling of the materials in the mixture is even possible.
• For construction and demolition waste, there are mandatory requirements regarding the composition of mixtures: 1. Mixtures I: only plastics, metals, and wood; such mixtures must be sent to a pretreatment facility. 2. Mixtures II: predominantly concrete, bricks, tiles, or ceramics; such mixtures must be sent to a processing facility