Legal and Organisational elements Sample Clauses

Legal and Organisational elements. In Germany the local municipalities or counties are responsible, by law, for the collection and disposal of waste (Art. 15 Para 1 of the Waste Recycling and Disposal Act, Art. 4 Para 1 of the waste law of Hesse, Art. 5 Para 1 of the waste law of North-Rhine Westfalia). Therefore the local authorities have the right (and an obligation) to set up waste charge regulations. The technical side of waste management is carried out by special associations for the waste disposal (“Abfallzweckverband”). The waste disposal association are legal entities made up of several municipalities with the aim to collect and transport residual waste, organic waste and waste paper as well as to recycle and dispose waste. The establishment of such an association or the conversion of the structure of an existing association is advisable for economic and logistic reasons. The municipalities raise disposal fees from their citizens for the disposal of waste. These fees are required to cover the costs of the disposal. A realization of profits is not intended by the collection of those waste fees (the principle is that of cost-recovery in accordance with the law on charges). The levels of waste fees vary considerably across Germany. It is obligatory for the citizens to use the smallest possible bin. According to German jurisprudence, citizens are obliged to dispose of their waste using the local waste disposal system. The reason for this in case law is the fact that the fees for the public disposal service have to be paid by the community. In several waste laws of the German Länder, it is stated explicitly that waste charges for the disposal of waste shall constitute incentives to prevent waste as well as incentives to separate and recycle waste (e.g. Art. 9 para 2 of the waste law of North Rhine-Westfalia). In other states of Germany (Länder) these incentives are not regulated explicitly (e.g. the waste law of Hesse) but their regulations have to consider the principle of waste avoidance in a similar way. The calculation of waste charges in Germany basically follows two models: - Calculation according to the number of persons per household (flat-rate model, applied by the majority of the municipalities in Germany). Waste fees are usually divided into an annual fee and a container fee. The annual fee depends on the number of persons in the households, the container fee depends on the size of the container, usually a wheeled bin.
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Related to Legal and Organisational elements

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