Ordinance pertaining to the recovery of waste at surface landfills (Deponieverwertungsverordnung DepVerwV) *) of 25 July 2005.

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1 Federal Ministry for the Environment, Nature Conservation and Nuclear Safety - WA II 5 - Ordinance pertaining to the recovery of waste at surface landfills (Deponieverwertungsverordnung DepVerwV) *) of 25 July 2005 most recently amended by the Directive implementing the Council decision of 19 December 2002 establishing criteria and procedures for the acceptance of wastes at landfills, (Federal Law Gazette <BGBl.> I 2006, page 2860) (unofficial text) Section 1 Scope of application (1) This Ordinance shall apply to: 1. the use of waste in the production of landfill replacement construction materials and 2. the recovery of waste that is used at surface landfills and existing landfills as landfill replacement construction material a) in the completion or improvement of the geological barrier, b) in the construction of the bottom liner, c) in the landfill body, and d) in the construction of the surface sealing system. (2) This Ordinance shall apply to: 1. producers and holders of waste, 2. landfill operators, 3. operators of installations where landfill replacement construction material is produced. (3) This Ordinance shall not apply to 1. private households, 2. landfills that were finally closed down on...[insert the date of this Ordinance s entry into force] pursuant to Section 36(3) of the Closed Substance Cycle and Waste Management Act. Section 2 Definitions For the purpose of this Ordinance, the following definitions shall apply: 1. Compensatory layer shall mean bottom layer of the surface sealing system pursuant to Annex 1 Point 2 of the Landfill Ordinance of 24 July 2002 (Federal Law Gazette I p. 2807) to compensate for unevenness at the surface of the waste stored and serving as a sub-base for the other surface sealing system components; 2. Landfill replacement construction material shall mean a) wastes which are used directly and in a pure state and * The obligations from Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of standards and technical regulations (OJ EC No. L 204, page 37), as amended by Directive 98/48/EC of the European Parliament and of the Council of 20 July 1998 (OJ EC No. L 217, page 18) have been observed.

2 2 b) materials manufactured from wastes or which utilise wastes in some way as regards measures under Section 4 on surface landfills 3. Category -0, -I, -II or -III landfill shall mean landfill as per Section 2 points 6, 7, 8 or 9 of the Landfill Ordinance; 4. Existing landfills shall mean landfills as per Section 14 of the Landfill Ordinance; 5. Mono-landfill shall mean landfills as per Section 2 point 23 of the Landfill Ordinance; Profiling shall mean shaping the surface of the landfill body with a view to being able to apply the surface sealing system on top while applying a gradient required for drainage. Section 3 Principles (1) Landfill replacement construction materials may only be used for building measures within the meaning of Section 4, as far as this does not impair the common weal during construction, operation, closure and after-care of the landfill. Landfill replacement construction materials may not be used in particular if their use 1. exceeds the quantity needed to carry out the building measures stipulated in accordance with the Ordinance on Environmentally Compatible Storage of Waste from Human Settlements of 20 February 2001 (Federal Law Gazette I p. 305), or the Landfill Ordinance or the respective landfill site licence, in particular for the construction of the sealing systems and for profiling, 2. substantially increases the potential to leach hazardous substances in landfills without bottom liners with respect to type and quantity, 3. does not ensure, either at a practical or at a building level, fulfilment of the purpose of a building measure of this nature, especially as a result of the type, composition and stability of the landfill replacement construction material, or 4. otherwise impairs transposition of the requirements pertaining to landfills pursuant to the Closed Substance Cycle and Waste Management Act, the Ordinance on Environmentally Compatible Storage of Waste from Human Settlements, the Landfill Ordinance, or this Ordinance. (2) Only mineral wastes are admissible for use as landfill replacement construction materials or as input materials for the production of landfill replacement construction materials, except for the restoration layer of the surface sealing system. Wastes as defined in Section 7(1) of the Landfill Ordinance shall not be used as landfill replacement construction material. (3) Wastes that reach the metal contents listed in Appendix 1 of the Stowage Ordinance of 24 July 2002 (Federal Law Gazette I p. 2833) may neither be used for the manufacture of landfill replacement construction material nor for the use of such material if the recovery of such metals from such wastes were technically possible and economically reasonable and could be carried out while the requirements for the permissibility of such a recovery are met. (4) The use of stabilised or solidified waste (waste codes , , , of the Ordinance establishing a List of Wastes of 10 December 2001 (Federal Law Gazette I p. 3379) as landfill replacement construction material is only permitted if the requirements as per Annex 2 are observed. (5) The classification criteria as listed in Annex 1 shall be complied with for unmixed waste. It is not permissible to mix wastes nor to mix them with other wastes or materials to fulfil the classification criteria as listed in Annex 1. The sentences 1 and 2 do not apply to the classification criteria of strength and not to stabilised wastes (waste code ). Section 4 Use and classification

3 3 (1) The use of wastes in the manufacture of landfill replacement construction materials and directly as landfill replacement construction material for the 1. improvement or completion of the geological barrier and in the manufacture 2. of the mineral sealing layer of the bottom liner, 3. of the protective layer/protective coat of the bottom liner, 4. of the mineral drainage layer of the bottom liner, 5. of essential building measures in the landfill body with the exception of the profiling in accordance with (2), 6. of the compensatory layer of the surface sealing system, 7. of the gas drainage layer of the surface sealing system, 8. of the mineral seal of the surface sealing system, 9. of the protective layer/protective coat of the surface sealing system, 10. of the drainage layer of the surface sealing system and 11. of the restoration layer of the surface sealing system shall only be permitted if the classification criteria are observed for the respective area of application in accordance with Annex 1. (2) The use of wastes in the manufacture of landfill replacement construction materials and directly as landfill replacement construction material for profiling shall only be permitted if 1. the landfill or mono-landfill is, by and large, in the closure phase, 2. profiling is necessary due to wastes and this cannot be achieved by altering the licensed landfill type, by moving elsewhere waste that has already been landfilled or by continuing to operate the landfill to the extent that this is technically possible and economically reasonable and if 3. the requirements as per Annex 1 Table 1 Point 3 are observed. Section 5 Placing on the market of waste Waste which is used directly as landfill replacement construction material may only be placed on the market in order to supply landfills which meet the requirements set out in Section 3. Section 6 Supervision and documentation The landfill operator shall separately document the origin, the type, the quantity, the composition, the receipt and the use of landfill replacement construction materials. The operators of installations where landfill replacement construction material is produced shall separately document the origin, the type, the quantity, the composition and the receipt of wastes and of other materials used and of the delivery of manufactured landfill replacement construction materials according to the type, quantity and composition. Section 8 and Section 10(1), (2) and (4) and Annex 4 of the Landfill Ordinance and Section 5 and Annex 4 of the Ordinance on Environmentally Compatible Storage of Waste from Human Settlements shall apply mutatis mutandis. Section 7 Administrative Offences An administrative offence within the meaning of Section 61(1) Point 5 of the Closed Substance Cycle and Waste Management Act shall be deemed to have been committed by anyone who wilfully or negligently 1. contravenes Section 3(1) sentence 2 Points 1, 2 or 3, paragraph (2) or Section 4 by using landfill replacement construction materials or wastes, 2. contravenes Section 3(4) by using stabilized or solidified wastes, 3. contravenes Section 3(5) sentence 2 by mixing wastes, 4. contravenes Section 5 by placing wastes on the market or 5. contravenes Section 6 sentences 1 or 2 if such person does not provide the documentation, does not provide such documentation correctly, completely or in the prescribed way.

4 4 Section 8 Transitional provisions (1) If, on the basis of approvals under waste law or legally valid disposal contracts that have been concluded or which were valid before 1 September 2005, waste is used in the manufacture of landfill replacement construction material or directly as landfill replacement construction material, the requirements of Section 4(1) point 5 and paragraph (2) point 3 must be complied with for category I and II landfills upon entry into force of this Ordinance. Authorisations in this regard in the form of planning permissions or plan approvals pursuant to Section 31(2) or (3) of the Closed Substance Cycle and Waste Management Act, confirmations of notifications pursuant to Section 31(4) of the Closed Substance Cycle and Waste Management Act, orders for existing waste disposal facilities pursuant to Section 35 of the Closed Substance Cycle and Waste Management Act and orders within the framework of closures pursuant to Section 36(2) of the Closed Substance Cycle and Waste Management Act which conflict with this provision cease to be valid upon entry into force of this Ordinance. (2) In all other instances, the requirements set out in Sections 4 and 5 must be complied with by [insert: 12 months after the date of this Ordinance s entry into force] at the latest. Authorisations in planning permissions or plan approvals and confirmations of notifications pursuant to Section 31(4) of the Closed Substance Cycle and Waste Management Act which conflict with this provision cease to be valid by [insert: 12 months after the date of this Ordinance s entry into force] at the latest. Annex 1 (to Section 3(5) and Section 4) Classification criteria for the use of waste in the manufacture of landfill replacement construction materials and the direct use as landfill replacement construction material Where wastes are used in the manufacture of landfill replacement construction material and directly as landfill replacement construction material for the instances described in Section 4, the requirements under Tables 1 and 2 must be observed. The competent authorities may stipulate additional parameters and the determination of the parameters total solid contents.

5 5 (4) (4) (4) (4) Table 1 Classification category for landfill categories (LC), defined in Table 2 column (...) LC 0 Landfill pursuant to Sec. 3(2) of the No. Area of application Ordinance LC I LC II LC III on Env. Comp. Storage of Wastes from Human Sett. 1 Geological barrier 1.1 Technical measures to complete or improve the geological barrier 1) 2 Bottom liner 2.1 Mineral sealing layer 2) X 4) (4) (5) (5) 2.2 Protective layer/protective coat 2) X 4) (7) (8) (9) 2.3 Mineral drainage layer 2) (6) (7) (8) (9) 3 Building measures in the landfill body that are required from the point of view of landfilling (e.g. separating dams, roads, gas collectors), profiling of the landfill body and compensatory layer and gas drainage layer of the surface sealing system 6) 3.1 Use on landfills or mono-landfills that comply with all (6) (7) (8) (9) requirements for the geological barrier and the bottom liner in accordance with Section 3 (1), (2) or (4) of the Landfill Ordinance or Sections 3 or 4 of the Ordinance on Environmentally Compatible Storage of Waste from Human Settlements 3.2 Use on landfills or mono-landfills that either comply with all (6) (6) 5) (7) (8) requirements for the geological barrier or all requirements for the bottom liner in accordance with Section 3 (1), (2) or (4) of the Landfill Ordinance or Sections 3 or 4 of the Ordinance on Environmentally Compatible Storage of Waste from Human Settlements 3.3 Use on landfills or mono-landfills that do not comply with (6) (6) 5) (6) 5) (6) 5) the requirements of point 3.1 but at minimum comply with the requirements of point 11 of the Technical Instructions pertaining to Waste (TA Abfall) or of point 11 of the Technical Instructions pertaining to Waste from Human Settlements (TA Siedlungsabfall) 4 Surface sealing system 4.1 Mineral seal 2) X 4) (5) (5) (5) 4.2 Protective layer/protective coat 2) X 4) X 4) (5) (5) 4.3 Drainage layer 2) 3) X 4) (5) (5) (5) 4.4 Restoration layer Annex 5 of the Landfill Ordinance Annex 5 of the Landfill Ordinance Annex 5 of the Landfill Ordinance Annex 5 of the Landfill Ord. 1) Where the content of the naturally exposed subsoil (background level) is higher, the competent authority may, at the request of the landfill operator, give its permission for the classification criteria as per Table 2, column 4 to be exceeded. In this context the background level must not be exceeded.

6 6 2) If the landfill operator constructs the mineral seal, the protective layer/protective coat or the drainage layer as equivalent system components or as an equivalent combination of system components pursuant to Annex 1 numbers 1 or 2, first sentence of the Landfill Ordinance, or if he carries out other appropriate measures in accordance with Section 14(6) of the Landfill Ordinance and furnishes proof based on an environmental risk assessment that the landfill replacement construction materials used to this end do not pose any risk to the soil or groundwater despite individual classification criteria being exceeded, the competent authority may authorise their use. 3) If other landfill replacement construction materials are used as soil material, their use is permitted provided that at least those requirements are met that would permit the recovery of the relevant wastes outside the landfill body in technical constructions in the case of open-cast installation. 4) In accordance with Annex 1 of the Landfill Ordinance it is not required to install this element in category-0 or category-i landfills. 5) If the landfill operator is able to furnish proof to the competent authority, which is based on an environmental risk assessment, that the technical construction measures required in the landfill body, the profiling or the manufacture of the compensatory and gas drainage layers beneath the surface sealing system using landfill replacement construction materials that exceed individual classification criteria as per Table 2 column 6 do not pose any risk to the soil or groundwater, this authority may also authorise the use of more heavily contaminated landfill replacement construction materials. In the event of sentence 1, the landfill replacement construction materials must at least comply with those requirements which would permit the recovery of the relevant wastes outside the landfill body in technical constructions under defined technical safety measures if used on category-i landfills. However, in the event of sentence 1 the landfill replacement construction materials must at least comply with the classification values pursuant to Table 2 column 7 if used on category-ii landfills. However, in the event of the first sentence the landfill replacement construction materials must at least comply with the classification values pursuant to Table 2 column 8 if used on category-iii landfills. 6) Where the content of the naturally exposed soil (background level) in the vicinity of landfills is higher, the competent authority may, at the request of the landfill operator, grant permission for the classification criteria as per Table 2 to be exceeded up to the background level for these particular elevated parameters, provided this is not expected to have any deleterious effects on the behaviour of the landfill.

7 7 Table No. Parameters 1 Strength 1) 1.01 Vane shear strength kn/m Axial deformation % Uniaxial compressive kn/m strength 2 Organic component of dry residue in original substance 2) 2.01 Determined as ignition in mass % ) 3 3) 5 3) 5 3) loss 2.02 Determined as TOC in mass % ) 1 3) 3 3) 3 3) 3 Criteria for solid matter 3.01 Extractable lipophile in mass % 0,1 0,4 4) 0,8 4) 0,8 4) substances in original substance 3.02 EOX in mg/kg DM Hydrocarbon in mg/kg DM Total BTEX in mg/kg DM Total highly volatile in mg/kg DM 1 1 halogenated hydrocarbons 3.06 Total PAHs according in mg/kg DM to EPA 3.07 PCBs (total of the 6 in mg/kg DM 0,02 0,1 1 PCB congeners according to Ballschmiter - 6 PCB) 3.08 Acid neutralisation capacity mmol/kg To be calculated 4 Eluate criteria 4.01 ph value 5) Conductance in µs/cm DOC 6) in mg/l ) 80 8) Phenols in mg/l Arsenic in mg/l ) ) 4.06 Lead in mg/l ) 4.07 Cadmium in mg/l ) 4.08 Copper in mg/l ) 4.09 Nickel in mg/l ) 4.10 Mercury in mg/l ) Zinc in mg/l ) 4.12 Chromium (VI) in mg/l ) 4.13 Thallium in mg/l Chloride 12) in mg/l ,500 14) 1,500 14) 2, Sulphate 12) in mg/l ) 5, Cyanide, easily released 2,000 14) in mg/l

8 No. Parameters 4.17 Fluoride in mg/l ) Ammonium nitrogen in mg/l AOX in mg/l Water soluble in mass % proportion (evaporation residue) 12) 4.21 Barium mg/l ) 10 14) 30 11) 4.22 Chromium, total mg/l ) 1 14) 7 11) 4.23 Molybdenum mg/l ) 1 14) 3 11) 4.24 Antimony mg/l ) ) ) 4.25 Selenium mg/l ) ) ) 1) 1.02 may, together with 1.03, be applied in equivalence to Strength in each case must be defined in accordance with the static requirements of landfill stability. 2) 2.01 may be applied in equivalence to ) Values in excess of the solid-material TOC by more than 5 % by weight are permitted for the following waste types, provided such excess values are not due to waste components that lead to considerable landfill-gas formation: Excavated soil; gypsum-based wastes; fibre-reinforced cements; mineral building waste with small amounts of extraneous components; old sand from foundries; asphalt-based broken-up road-construction material; slag; wastes of a similar composition. Values in excess of the solid-material TOC by more than 5 % by weight are admissible, provided the classification value of 4.03 (DOC) is adhered to, and the landfill operator is able to prove to the competent authority that public welfare - measured in terms of the requirements of the Landfill Ordinance and the Ordinance on Environmentally Compatible Storage of Waste from Human Settlements - is not impaired. Storage of the waste is only admissible if either biological degradability of the dry residue in the original substance (parameter 5 pursuant to Annex 2 of the Ordinance on Environmentally Compatible Storage of Waste from Human Settlements) falls below the specified level or the measured organic portion of the dry residue in the original substance determined as TOC is caused by elementary carbon, and in both cases the gross calorific value of the waste does not exceed 6000 kj/kg. 4) Does not apply to asphalt-based broken-up road-construction material. 5) Deviating ph values do not in themselves constitute a criterion for exclusion. Where the values are exceeded or lower, the cause must be investigated. 6) The DOC in the eluate may be exceeded up to 200 mg/l with the consent of the competent authority for category-iii landfills, provided public welfare is not impaired. The classification values shall also be considered to have been met if the classification value is not adhered to at its stated ph value but is adhered to at a ph value of between 7.5 and 8. 7) Does not apply to gypsum-based wastes that are stored at category-i landfills. 8) The DOC content may be exceeded up to a maximum of 100 mg/l with the consent of the competent authority, provided public welfare is not impaired. 9) The arsenic content may be exceeded up to a maximum of 0.5 mg/l with the consent of the competent authority, provided public welfare is not impaired. 10) The fluoride content may be exceeded up to a maximum of 25 mg/l with the consent of the competent authority, provided public welfare is not impaired. 11) In individual cases, the level may be exceeded by up to three times the classification value, with the consent of the competent authority, provided public welfare is not impaired. 12) 4.20 (water-soluble proportion) may be used in place of 4.14 (chloride) and 4.15 (sulphate). 13) The sulphate level may be exceeded up to a level of 600 mg/l provided the C 0 -value in the percolation test does not exceed a level of 1,500 mg/l at L/S = 0.1 l/kg. 14) Does not apply if only non-hazardous wastes have been stored or recovered on the landfill or landfill section since 16 July 2005.

9 9 Annex 2 (to Section 3(4)) Requirements as regards the use of stabilised or solidified wastes in the manufacture of landfill replacement construction material and their use as such material The following requirements shall be observed as regards the use of stabilised or solidified wastes in the manufacture of landfill replacement construction material or their use as such material: 1. Fundamental preconditions governing the use of stabilised or solidified wastes as landfill replacement construction material or with regard to the manufacture of such material a) Wastes that have been solidified as a result of using additives may be used in the manufacture and use of landfill replacement construction material provided the requirements under points 2a and 4a are complied with. b) Wastes that have been partially stabilised by means of a treatment process may be used in the manufacture and use of landfill replacement construction material provided the requirements under points 2b), 3 and 4a) are complied with. c) Wastes that have been stabilised in full by means of a treatment process may be used in the manufacture and use of landfill replacement construction material provided the requirements under points 2c), 3 and 4b) are complied with. 2. The classification of and requirements pertaining to stabilised or solidified waste a) Wastes that have been solidified in a treatment process during which their physical property (e.g. from a paste to a solid state) has been altered by the use of additives but not their chemical properties, shall be assigned the waste codes or of the Ordinance establishing a List of Wastes. The classification criteria with regard to the respective application of the landfill replacement construction material in accordance with Section 4 of this Ordinance must be observed for the individual wastes prior to their solidification. b) Hazardous wastes that have been partly stabilised by means of a treatment process, such that hazardous compounds that have not been completely converted into non-hazardous compounds can be released into the environment in the short, medium or long term, shall be assigned the waste code of the Ordinance establishing a List of Wastes. The classification criteria with regard to the respective application of the landfill replacement construction material in accordance with Section 4 of this Ordinance must be observed for individual wastes prior to their partial stabilisation. c) Hazardous wastes that have been completely stabilised by means of a treatment process, such that hazardous waste compounds have been completely and irreversibly converted into non-hazardous compounds, shall be assigned the waste code of the Ordinance establishing a List of Wastes. The classification criteria with regard to the respective application of the landfill replacement construction material in accordance with Section 4 of this Ordinance must be observed with regard to stabilised waste. If mineral wastes contain organic contaminants by which they display hazardous properties or components in accordance with Section 3(2) of the Ordinance establishing a List of Wastes, it may only be assumed that a complete stabilisation has been performed when such contaminants have been destroyed (e.g. by means of biological or thermal processes). 3. Processes for stabilising hazardous wastes The following processes or processes having a comparable treatment effect that are both based on converting harmful substances (conversion processes) may be applied as processes for stabilising hazardous wastes: - Chromate detoxification: Wastes containing chromium VI are converted to wastes containing chromium III by means of targeted chemical reduction. - Cyanide detoxification: For detoxification, the cyanide is destroyed by means of oxidation and converted into other environmentally safe compounds. - Sulphured heavy metal precipitation: Soluble heavy metals are treated with sulphides (e.g. sodium sulphide) to form sparingly soluble heavy metal sulphides. Proof shall be furnished in

10 10 each case in accordance with the process mentioned under point 4b) as to whether there is longterm resistance in a particular case. 4. Investigation procedures for proving solidification and stabilisation a) For furnishing proof of waste solidification or partially stabilised waste, the requirements as per Annex 4 of the Landfill Ordinance pertaining to sampling shall be observed. Sampling shall be carried out prior to the solidification or partial stabilisation of the individual wastes. If reagents on the basis of calcium oxide are used during treatment, the solidified or partially stabilised wastes shall also be examined after treatment as to whether the classification values have been complied with. b) For furnishing proof that wastes have been completely stabilised, elutions shall be carried out in accordance with the ph stat method at ph 4 and ph 11 and a grain size of 10 mm. Lumpy waste samples shall be crushed to a grain size of < 10 mm for the elution - if necessary after a maximum cure time of up to 28 days. The samples will be crushed in advance, thus problems caused by processes such as thermal weathering in the event of binding as a result of higher temperature development, or disintegration as a result of freeze-thaw cycling, subsidence or cracking are taken account of. Thus, there is no need to carry out strength tests on the test piece under different load conditions. Guideline EW 98p, no. 5 shall be observed for producing ph stat eluates. The waste may be classified as completely stabilised if the stabilised waste does not contain any properties or components listed under Section 3(2) of the Ordinance establishing a List of Wastes. The results of the ph stat test must comply with the classification values listed in Table 2 of Annex 1 for the respective area of application. In order to rule out that the results are falsified due to dilution effects, the mass of the stabilisation agents added shall be taken account of in the evaluation. 5. Publications by specialist bodies Guideline EW 98p mentionedin this Annex has been published as a notification from the Joint Working Group of the Länder on Waste (Länderarbeitsgemeinschaft Abfall - LAGA) at Erich Schmidt Verlag, Berlin, Volume 33, ISBN This Ordinance shall enter into force on 1 September 2005.