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Provincial Waste Management Plan Styria - Abfallwirtschaft - Abfall ...

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<strong>Provincial</strong> <strong>Waste</strong> <strong>Management</strong> <strong>Plan</strong> <strong>Styria</strong> - 2005<br />

In the public interest of sustainable waste and material flow management the collection, storage,<br />

transport, and treatment of waste pursuant to § 1 para. 3 AWG 2002 is required if otherwise<br />

• human health could be at risk or exposed to unacceptable disturbances,<br />

• natural living conditions of animals or plants and soil quality could be in danger,<br />

• a sustainable use of water and soil could be impaired,<br />

• the environment could be polluted beyond the inevitable degree,<br />

• there could be a risk of fire or explosion,<br />

• sounds or noise could be created in excessive dimensions,<br />

• the occurrence or growth of pathogenic agents could be favoured,<br />

• public order and safety could be disturbed, or<br />

• natural scenery or the appearance of settlements could be seriously damaged.<br />

In § 9 AWG 2002 the following targets are defined for a sustainable prevention of waste:<br />

• Products shall be long-lasting and easy to repair so that they can be recycled or recovered to<br />

a large extent after the end of their intended usage.<br />

• Distribution forms shall be organized in such a way that the waste volumes generated are as<br />

low as possible (e.g. by deposit systems).<br />

• Products shall be designed in such a way that the waste volumes generated during their<br />

production, use, and consumption are minimized and that the pollutant levels in waste are as<br />

low as possible.<br />

• Products shall be consumed in such a way that the environmental impact is minimized, in<br />

particular in terms of waste generation.<br />

A large number of national regulations have been passed on the basis of the guidelines defined in<br />

AWG 2002. Thereby, the legislative competence with regard to hazardous waste remains with the<br />

Federal State. In the case of non-hazardous waste, the Federal State is only competent if the adoption<br />

of uniform regulations is required. The Federal Minister for Agriculture, Forestry, Environment, and<br />

Water <strong>Management</strong> has made comprehensive use of the Bedarfsgesetzgebungskompetenz when<br />

adopting regulations on the legal basis of Art. 10 para. 1 N. 12 Federal Constitutional Law (e.g.<br />

packaging waste, biogenic waste, demolition and construction waste, end-of-life vehicles, and waste<br />

electrical and electronic equipment). Hence, the responsibility of the Federal Provinces with regard to<br />

non-hazardous waste has been strongly limited.<br />

2.1.6 Landfill Ordinance 1996 10<br />

The prohibition of the landfilling of waste that contains a weight percentage of organic carbon higher<br />

than 5 resulted in significant changes in the field of waste management. Among others, wastes from<br />

mechanical-biological pre-treatment are excluded from this landfill prohibition if their heat of<br />

combustion (gross calorific value) - related to dry matter - does not exceed 6,600 kJ/kg ("Heat of<br />

combustion criterion" according to Appendix 5 section G). Additionally, the stability criteria according<br />

to Appendix 1 Table 8 of the Landfill Ordinance must be respected for waste that has undergone<br />

mechanical-biological pre-treatment.<br />

10 Federal Law Gazette No. 164/1996 as amended in Federal Law Gazette No. II No. 49/2004<br />

Page 13

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