At its meeting on December 5, 2022, the Fulda District Council adopted this Second Amendment to the Fulda District Waste Management Ordinance of December 22, 2016. It is based on the following legal grounds:
- Sections 5, 16, 17, 30, and 52(1) of the Hessian County Code (HKO) as amended on March 7, 2005 (GVBl., p. 183), last amended by Article 2 of the Act of December 11, 2020 (GVBl., p. 915),
- Section 20 of the Circular Economy Act (KrWG) of February 24, 2012 (Federal Law Gazette I, p. 212), last amended by Article 20 of the Act of August 10, 2021 (Federal Law Gazette I, p. 3436),
- Sections 1, 4, and 5 of the Hessian Implementation Act for the KrWG (HAKrWG) of March 6, 2013 (GVBl., p. 80), last amended by Article 15 of the Act of May 3, 2018 (GVBl., p. 82),
- Sections 1–5a and 10 of the Law on Municipal Taxes (KAG) (GVBl., p. 134), as amended on March 24, 2013 (GVBl., p. 134), last amended by Art. 1 of the Act of May 28, 2018 (GVBl. p. 247)
- Waste Management Bylaws of the Waste Collection Special-Purpose Association for the Fulda District (hereinafter referred to as the “Special-Purpose Association”), as amended effective January 1, 2023.
Article 1:
Amendment to Section 13, “Usage Fee”
(1) For the Special-Purpose Association, the City of Fulda, and direct deliverers, the fee for the disposal of waste with a bulk density exceeding 0.2 t/m³ is 115.00 EUR per metric ton, unless otherwise specified in the following paragraphs. For waste deliveries weighing less than the scale’s minimum load, a flat fee of 6.00 EUR per 50 kg or fraction thereof shall be charged, in accordance with paragraph 7(b). The fee for the disposal of household waste is 110.00 EUR per metric ton.
If the bulk density of the specified waste is less than 0.2 t/m³, an additional surcharge of 25% per metric ton will be applied. Waste that does not weigh a full metric ton will be billed according to its actual weight, taking into account sentences 1 and 2.
(2) The fee specified in paragraph 1 also covers the costs of temporary storage, transshipment, transport to disposal facilities, and disposal. Excluding disposal and transport, a fee of 10.00 EUR per metric ton is charged for the acceptance of household waste, and a fee of 12.00 EUR per metric ton is charged for other waste subject to mandatory surrender. For the acceptance of waste not subject to mandatory disposal, a fee of 12.00 EUR per metric ton plus applicable statutory VAT is charged, excluding disposal and transportation.
(3) Separate fees are charged for the treatment, recycling, storage, and disposal of the following types of waste that are delivered or received:
a) for residues from waste treatment (e.g., AVV No. 191212), 145.00 EUR per metric ton,
b) for uncontaminated excavated soil, 13.00 EUR per metric ton plus applicable VAT; for waste to be disposed of in the DK I category, 25.00 EUR per metric ton; for waste to be recycled in the DK I category, 25.00- EUR plus applicable VAT, for waste to be disposed of in the DK II category at 35.00 EUR per metric ton, and for waste to be recycled in the DK II category at 35.00 EUR per metric ton plus applicable VAT. The waste generator must demonstrate compliance with the acceptance criteria by providing appropriate analyses. Machinery and personnel costs incurred by the district for sampling, control analyses, and acceptance approvals, as well as any external costs incurred in this regard, will be billed in accordance with Section 13(3)(d). Waste generated outside the district will only be accepted to the extent that it is required for the construction, operation, and decommissioning of waste disposal facilities. Page 2 of 2 In such cases, the fee is increased by 10.00 EUR per metric ton, plus applicable statutory VAT, added to the total fee.
c) For waste that requires special precautions during temporary storage, an additional surcharge will be levied in addition to the fee specified in paragraph 1; the amount of this surcharge is calculated based on materials, machinery, and—depending on the number of personnel required—etc., per metric ton, depending on the effort involved. Machinery use is billed at 11.50 EUR per quarter-hour or part thereof; personnel use is billed at 8.00 EUR per quarter-hour or part thereof. If these costs are incurred in connection with a waste acceptance subject to value-added tax, VAT is also charged on these services. Any third-party costs incurred will be passed on at the actual amount incurred.
d) 79.00 EUR per metric ton for organic waste from the public organic waste collection program.
(4) If the waste contains more than 25% recyclables by volume or weight, the person liable for the fee must pay a 50% surcharge on the fee specified in paragraph 1 or paragraph 3. The surcharge increases to 100% if the proportion of recyclables rises to more than 50% of the delivered quantity. If the proportion of recyclables exceeds 75%, the county reserves the right to refuse acceptance.
(5) In individual cases, the district committee may set a different fee for waste that can be recycled for the construction, operation, decommissioning, or reclamation of a waste disposal facility. The same applies to waste that can be delivered to recycling facilities without interim storage.
(6) Small quantities of hazardous waste from private households are accepted free of charge at stationary and mobile collection sites. A fee of 2.50 EUR per kilogram or fraction thereof is charged for waste containing hazardous substances from commercial, craft, and similar service businesses. The maximum quantity is set at 100 kg per drop-off. Furthermore, commercial businesses that generate more than 500 kg of this waste per year are required to dispose of it on their own responsibility. Commercial hazardous waste is accepted exclusively at the interim storage facility of PreZero Service Mitte-West GmbH & Co. KG, located at Liebigstraße 3, 36041 Fulda.
(7) The fee for using the recycling center at the Waste Management Center in Kalbach and for dropping off small quantities (trunk-sized loads from passenger cars) is:
a) For recyclable mineral materials (construction debris) up to 50 liters (trunk-sized loads): 3.00 EUR
b) for residual waste up to 50 liters (trunk loads): 6.00 EUR
(c) for waste wood as defined in the Waste Wood Regulation
- up to 50 liters 4.00 EUR
- Between 50 liters and 250 liters: 8.00 EUR
- From 250 liters to 0.5 cubic meters: 12.00 EUR
The quantity specifications also apply mutatis mutandis to small quantities that cannot be defined by the number of liters. As a general rule, the recycling center accepts only small quantities.
Article 2. Entry
into Force
These bylaws will take effect on January 1, 2023.
Fulda, December 5, 2022
The District Committee of the Fulda District
Approved and signed by Woide, District
Administrator
Approved and signed by
Schmitt, First Deputy District Administrator