Everyone generates waste – at home and at work, in business and industrial operations, even during administrative activities. For some, it may seem like legislators are producing trash at times as well – but first and foremost, they have fully regulated the field of waste management. There is hardly a waste stream or material fraction without its own set of rules. We keep track of the regulations for you so that your waste stays on its proper track to disposal.
We know the difference between waste and non-waste, products and by-products.
It may just be trash to some, but for others, waste can be a useful raw material, a product or even be repurposed for cash. For this reason, drawing the line between waste and non-waste is not always easy. It is even more difficult to know the consequences of classifying a material as waste or non-waste. Even if something is not waste, but rather a product or by-product, it cannot simply be introduced onto the market. Manufacturers and/or distributors face numerous challenges posed by product safety and liability law, hazardous materials law, hazardous materials transport law and the regulations on chemicals. And let us not forget the law governing the use of fertilizers, hygiene law, pharmaceutical law, food legislation, building materials law and other special legislation that must be complied with depending on the type of material. All this may even play a role in terms of tax law. Whether waste or non-waste, we can help you make it its legal and economic best.
We will find your waste a way over the border.
Waste likes to travel. Who knew, but the waste management business has an international network. There is, however, no freedom of travel. Border crossing is regulated for waste. We can help you with the notification procedure, official objections or with »Annex VII«.
We help you gain permits for your disposal facilities.
Building and modifying a disposal facility requires diligent planning and preparation – also and in particular from a legal standpoint. We support our clients during complex permit procedures involving public participation, e.g. permits for waste incineration plants, biomass power plants, biomass fermentation plants, deposit grounds and landfills. We also represent their interests during subsequent administrative or judicial procedures regarding permit status, issuance or expansion.
It is not only building and planning law as well as emissions control law that play a major role in this context, but also nature protection law.
We monitor your supervisors.
»The public authority is on its way«. If you want support, we will be there [at your side] when they arrive. In times of frequent inspection, it is important to be prepared for monitoring visits. We can show you how to do that. Prevention is better than …
We optimize your disposal agreements.
Disposal services are not pencils. That is why a contract drafted for purchasing pencils should not be used to assign disposal services. The interests of waste producers, waste agents, waste transporters and waste disposal companies are varied and often divergent.
A good waste disposal agreement should reflect these tensions. And it should take into account the valid and applicable disposal-specific legislation. We draft, review and negotiate all types of disposal agreements – in your interest and if necessary, enforce them in court.
We give structure to transactions and financing.
Transactions in the waste industry have their peculiarities. We support disposal companies as well as strategic investors during company acquisitions and restructuring measures in the disposal sector and if desired, develop suitable financing concepts for individual cases. If necessary, we keep an eye on cartel law for the transaction participants as well.
We have experience with public procurement and state aid procedures.
Public bodies also require regular disposal services. We know the special features and obstacles involved in the public tender process for waste disposal contracts and show contracting authorities and tenderers how to successfully maneuver these. In doing so, we focus not only on traditional aspects of the procurements procedure but also particularly on the practical implementation of tendered services and the resulting risks. We also provide consultation to public as well as private institutions regarding founding private-public partnerships and the underlying award procedure. And wherever the state performs disposal services or builds and operates disposal facilities, purchases or provides financial support in any other way, we also always keep an eye on the law governing state aid.
We prevent liability risks.
Waste disposal is an activity that involves particular risk. There are many snares that must be avoided in a market that experts describe as highly competitive. Only someone who knows the risks can avoid the risks, especially liability risks. We point out disposal-specific risks to you and help you to manage them better.
And if something goes wrong anyway:
We will represent you in regulatory offence and criminal proceedings.
No one wants it to happen, but sometimes it does – a conflict with the administrative authority, police department or state attorney. We advise our clients not only on how to prevent such issues from occurring, but also provide support during administrative and criminal penalty proceedings. We make every effort to help you avoid regulatory fines or forfeiture orders, monetary fines or terms of imprisonment as well as entries into the commercial or federal central register. We would like you to be able to continue to sleep soundly tomorrow and maintain your good reputation.
Interested in our comprehensive consulting approach?!