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DE 
Time and again, unexpected obstructions occur in road construction because excavated soil and road construction materials are contaminated differently than expected. Delays in the construction process, additional work and higher costs are the consequences. The correct application of waste legislation poses a particular challenge for all project participants, who sometimes have to deal with unfamiliar areas of law.
For this reason, the Lower Saxony State Authority for Road Construction and Transport (NLStBV) published guidelines for the handling of excavated soil and road construction materials in 2014. The updated version has been available since 2019 and can be downloaded from the website [www.strassenbau.niedersachsen.de/startseite/service/downloads/qualifizierter-umgang-mit-mineralischen-abfallen-und-ausbaustoffen-im-strassenbau-122424.html]. The guide is currently being revised by Prof. Burmeier Ingenieurgesellschaft mbH to take into account the new requirements of the Substitute Building Materials Ordinance.
The update takes into account the updated laws, ordinances and decrees relevant to waste legislation as well as the sub-legal regulations at federal and state level. The catalogue of waste types under consideration has been expanded to include mineral waste from operational services and recycled construction materials that are supplied to the road construction industry.
A look at the Circular Economy Act: What is waste?
The basis for the handling of waste is the provisions of the Closed Substance Cycle Waste Management Act (KrWG). According to the Closed Substance Cycle Waste Management Act, waste is any material or object that its owner disposes of, intends to dispose of or must dispose of (Section 3 (1) KrWG).
This means for road construction:
- Excavated soil and road construction materials that are used on the construction site in accordance with environmental regulations and are appropriate for construction purposes are not considered waste.
- If excavated soil and road construction materials leave the construction site, they must be categorised as waste.
- It is not relevant for the assessment under waste legislation that the construction materials are in a other construction project can be sensibly utilised. The road construction authority also disposes of the excavated soil and road construction materials within the meaning of the Closed Substance Cycle Waste Management Act if it sends them for recycling.
- The term "disposal" covers both recycling and disposal. Accordingly, the Closed Substance Cycle Waste Management Act distinguishes between
- waste for recycling and
- waste for disposal.
The Closed Substance Cycle Waste Management Act obliges the waste producer or owner to dispose of waste in accordance with the law (recovery or disposal). In waste management practice, assessment issues often arise that have to be assessed on a case-by-case basis. Decision-making aids are therefore provided here in loose order for selected project-related discretionary questions. The experience gained from current road construction projects should also benefit other projects in this way.
