Waste legislation; enforcement

The federal government has regulated the basic principles of waste management in Germany in the Closed Substance Cycle Waste Management Act (KrWG).

The federal states have enacted their own waste laws for the areas of waste management not regulated by the federal government in the KrWG and the implementing ordinances, as well as to implement and supplement the regulations made by the federal government. In Bavaria, the Bavarian Waste Management Act (BayAbfG) is applicable here.

In Bavaria, the enforcement of waste legislation is the responsibility of the governments and the district administrative authorities (district administrations and independent cities) as well as the State Office for the Environment.

The responsibilities in Bavaria in the area of waste disposal are regulated in the Waste Jurisdiction Ordinance (see "Further links") and generally lie with the district administrative authorities (district administrations and independent cities).

The responsibility of the governments includes the following points:

• Advising the district administration offices and independent cities with regard to the enforcement of the KrWG and the ordinances issued on the basis of the KrWG (e.g. End-of-Life Vehicles Ordinance, Waste Wood Ordinance, etc.)
• Supervision of the district authorities and independent cities in the area of waste legislation
• Deciding on applications for exemptions from the obligation to transfer hazardous waste to GSB Sonderabfallentsorgung-Bayern GmbH for the whole of Bavaria (the government of Upper Bavaria is responsible for the whole of Bavaria)
• Approval of the waste management statutes if waste is to be excluded from disposal by the public waste management authority
• Approval if waste is to be excluded from disposal by the public waste management authority in individual cases
• Decision on appeals against waste fee notices.