Chemical waste testing should be compulsory

Bavarian State Office for

1. General

When disposing of (hazardous) waste, obligations to lease the GSB special waste disposal Bavaria (GSB) must also be observed. The aim of this information is to present the legal requirements applicable in Bavaria on the transfer obligations for practice in a transparent and comprehensible manner. Every waste owner in Bavaria must as a rule hand over hazardous waste that does not come from private households and that is excluded from municipal waste disposal to the GSB (see Art. 10 Para. 1 BayAbfG).

There is no freedom of choice of the disposal route here. A breach of the obligation to provide a license is an administrative offense that can be punished with a fine of up to € 50,000 (Art. 33 BayAbfG). More details on the obligation to hand over to the GSB are regulated in Section IV, in particular Nos. 3 and 5, of the Ordinance on the Bavarian Waste Management Plan (AbfPV). These specifications are binding (Section 1 Clause 2 No. 2 and 3 AbfPV).

In contrast, there are no transfer obligations for waste for recycling. Waste recovery can be done in a number of ways. Disposers who usually have a specialist company certificate in accordance with the Ordinance on Waste Management Companies (EfbV) often refer to their "recycling status", or the responsible waste disposal authority classifies the process as recycling. These facts are taken into account when examining the transfer obligations. However, the LfU is not bound by this in its decision as to the extent to which the disposal represents a disposal measure and thus the waste must be left to the GSB.

Whether a certain waste can be recycled is decided in the specific individual case within the scope of the verification of the disposal certificates by the LfU.

2. Definitions

Disposal as a generic term includes the recovery and disposal of waste. The five-level waste hierarchy defined in Section 6 of the KrWG defines a hierarchy of priority in addition to the avoidance of waste and preparation for reuse, recycling measures, other recovery and disposal of waste. Measures to prevent waste and to reuse are not covered by this information.

Recovery (§ 3 Abs. 23 KrWG)

Utilization within the meaning of the KrWG is any process as its Main result the waste within the plant or in the wider economy meaningful purpose be fed by either replace other materialsthat would otherwise have been used to fulfill a specific function or by preparing the waste to fulfill that function. Accordingly, recycling always occurs when the main purpose of disposal is not to remove and destroy the potential for pollutants.

Recycling (§ 3 Abs. 25 KrWG)

Recycling is any process by which waste is turned into articles, materials or substances, either for the original purpose or for other purposes. Recycling is therefore part of material recovery, which involves the substitution of primary raw materials by recovering materials from waste (secondary raw materials) or using the material properties of the waste.

Other recovery

The other recycling includes, among other things, the backfilling of mines according to the backfill ordinance, the backfilling of pits, quarries and opencast mines as well as the technical disposal as landfill substitute construction material according to § 14 ff Landfill Ordinance (structural measures of the sealing systems, landfill-related construction measures such as separating dams and driveways or operational measures such as Coverage of asbestos and KMF).

Disposal (Section 3 Paragraph 26 KrWG)

Disposal is any process that does not constitute recovery, even if materials or energy are recovered as a side effect. If, during disposal, the hazardous properties are eliminated in a first substantial processing step, this is usually a disposal process. For example, mere neutralization, precipitation or detoxification processes (oxidation, reduction) in chemical-physical treatment plants are not to be classified as recovery, since the main result is the elimination of the pollutants in the liquid waste. The above statements do not apply to (pre-) treatment of wastewater.

3. Concrete practical examples for the recycling of hazardous waste

In the following, concrete practical examples are given that are generally accepted by the LfU as recovery measures and for which there are therefore no transfer obligations. In these processes, it is assumed from a technical point of view that the main purpose of the treatment is not to remove the potential for pollutants, but to manufacture substances or substitute raw materials. This list is not exhaustive.

  • Regeneration and processing of used oils, solvents, acids and alkalis
  • Smelting of electroplating sludge
  • Waelz oxide production from zinc-containing waste
  • Disposal of cooling lubricants (drilling milk) and oil separator contents (waste from group 13 05 contents of oil / water separators)
  • Processing of oily metal grinding sludge (e.g. briquetting)
  • Recycling in the backfill
  • Landfill recycling of mineral waste (e.g. track ballast, road debris containing tar, soil and building rubble with hazardous substances) within the framework of the Landfill Ordinance
  • Processing of mineral waste in thermal and chemical-physical treatment systems or processing of soils in biological soil treatment systems
  • Thermal utilization of tarred road debris
  • Processing of waste into substitute fuels (e.g. used oils, solvents, used paints, oil-contaminated operating materials, packaging with harmful impurities)
  • Thermal utilization / co-treatment of A IV waste wood in thermal power stations, in accordance with the respective system approval
  • Thermal recovery / co-treatment of hazardous waste in cement works, in accordance with the respective plant approval
  • Iron pickles and used acids as splitting agents in chemical emulsion splitting
  • Old stains from anodising plants for the preparation of sodium aluminates and use as a precipitant
  • Disposal of fixing baths and developer solutions from the photographic industry for silver recovery and processing as denitrification agents
  • Electronic scrap processing
  • Pyrometallurgical processing of sludge, catalysts, dusts, ion exchange resins, etc. (precious metal recycling)
  • Hydrometallurgical processing of waste to recover nickel, cobalt, copper, zinc, vanadium, molybdenum, etc.

4. General test scheme for classifying a measure as recovery


If the disposal of waste cannot be assigned to the practical examples listed under No. 3, the following general test scheme can provide an orientation as to whether the specific disposal is a recycling measure.

Further information on the flow chart

  • In connection with accidents or other damaging events, the initial questions about the origin and creation of the waste and, in particular, questions about the ingredients usually lead to a classification as disposal waste. For example, a specific description of the pollutant-relevant parameters is hardly possible in the case of extinguishing water disposal. However, in individual cases, cases of damage can also be presented in sufficient detail with regard to their ingredients.
    In the event of damage, such as machine damage, improper mobile refueling processes, etc., oil, hydraulic oil or fuel often leak. The soil around the damaged area usually has to be removed over a large area. In such cases, the type and scope of the relevant pollutants can be described in relatively concrete terms.
  • A treatment of process water, rinsing liquids or other liquid waste in chemical-physical treatment plants ("classic wet chemistry") by means of precipitation, neutralization or detoxification processes usually represents elimination. The main result is aimed at eliminating the pollutants in the liquid waste. If further waste fractions are accessible for recycling during this treatment, for example by disposing of the resulting sludge in the backfill, this does not lead to the entire disposal process being qualified as a recycling measure. Rather, this is just a welcome sideline of the treatment process.
    • Detoxification of waste containing cyanide (e.g. from hardening shops, electroplating) through oxidation.
    • Detoxification of waste containing chromium (e.g. from electroplating, tannery) through reduction.
    • Detoxification of waste containing nitrite (e.g. from hardening shops, burnishing) by means of redox reactions.
    • Destruction of metal complex compounds.
    • Precipitation of heavy metals (hydroxide, sulfide precipitation).
  • In the commercial sector (for example in the metalworking industry for the mechanical processing of metals or cleaning of metal parts in washing systems), various rinsing and washing liquids are used, which have relatively low oil contents (between << 1 to 10%). The waste consists mainly of water (at least 90%) to which the (alkaline) cleaning agent (surfactants and phosphates) and the impurities (residues of cooling lubricants, anti-rust oil and greases) are added to a small extent. These liquids are often disposed of via evaporator systems.
    The oil-containing concentrates from the evaporation processes are then used as substitute fuels. For classification as a recovery process, at least a balanced energy balance is required, i.e. the energy that has to be used in the evaporation process must not exceed the usable energy content of the substitute fuels obtained from it.
    If the energy balance is negative, the treatment process is to be seen as a removal measure, since the main purpose of evaporation is to remove pollutants from the wastewater and not to produce substitute fuels (= secondary purpose).
    The treatment of oily liquids via evaporator systems is therefore generally recognized as a recycling measure from an oil content of 2%. After a rough estimate, a balanced energy balance can be assumed from this minimum oil content. The main result of the treatment is then the provision of substitute fuels.