Waste Management Law; Information on Enforcement

The federal government has established the basic principles of waste management in Germany in the Circular Economy Act (KrWG).

For those areas of waste management not regulated by the federal government in the KrWG and its implementing regulations, as well as to implement and supplement the regulations established by the federal government, the states have enacted their own waste management laws. In Bavaria, the Bavarian Waste Management Act (BayAbfG) applies.

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

Responsibilities in Bavaria regarding waste disposal are regulated by the Waste Jurisdiction Ordinance (see “Further Links”) and generally lie with the district administrative authorities (district offices and cities independent of districts).

The responsibilities of the district administrations include, among other things, the following:

• Advising district offices and independent cities on the enforcement of the Waste Management Act (KrWG) and the ordinances issued pursuant to the KrWG (e.g., End-of-Life Vehicle Ordinance, Waste Wood Ordinance, etc.)
• Supervising the district offices and cities independent of districts in the area of waste law
• Deciding on applications for exemptions from the obligation to transfer hazardous waste to GSB Sonderabfallentsorgung-Bayern GmbH for the entire state of Bavaria (the Upper Bavaria Regional Government has jurisdiction throughout Bavaria)
• Approval of the waste management bylaw, to the extent that the public waste management authority intends to exclude waste from disposal
• Approval in cases where the public waste management authority intends to exclude waste from disposal on a case-by-case basis
• Decisions on appeals against waste fee assessments.