EN 
DE Dealing with banquet peelings: Lower Saxony deviates
Staying on the side of the road prohibited
Banked material is mineral waste that is removed from the (un)paved area of the road that runs parallel to the road in order to ensure water drainage from the carriageway. In Lower Saxony, it is not permitted to relocate road bed material in thin layers for the purpose of reprofiling. The requirements of § 7 Para. 3 KrWG for proper recycling are generally not met when (re)depositing roadbed peelings on the road shoulder or moving and dumping roadbed peelings into the road shoulder. Lower Saxony is thus enforcing a position that goes against national practice. The Lower Saxony Ministry for the Environment, Energy and Climate Protection (MU) rules out direct implementation of the nationwide "Guideline for the Handling of Bankett Peelings" in Lower Saxony.
Justification: It is not necessary to apply the banqueting material; it is only used to remove it. Systematic reprofiling would otherwise not be carried out. The banquet peelings therefore do not replace any raw materials that would otherwise have been used for this purpose.
Banquet peelings consist of
- natural mineral raw materials with grain sizes up to 45 mm,
- Mixtures of natural aggregate and mineral waste,
- foreign matter from road use (abrasion, dust) and
- varying degrees of organic content in the vegetation.
Banquet peelings must be classified as waste. In the case of banquet peelings, there is a fundamental need for testing. DIN 19731, section 5.2 d "Investigation of the suitability of soil material for utilisation" states:
"There is a particular need to analyse soil material from the following sources (...)
- d) topsoil in the roadside area, including roadbed scrapings, at least up to 10 metres from the edge of the carriageway ...".
Depending on the test results, banquet peelings must be assigned to one of the two waste codes:
- 17 05 03* soil and stones containing dangerous substances, or
- 17 05 04 Soil and stones other than those mentioned in 17 05 03.
In 2010, the Federal Ministry of Transport, Building and Urban Development (BMVBS) published the "Guideline for the handling of banquet peelings, 2010 edition", which was agreed with the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety (BMU), in General Circular Road Construction (ARS) No. 04/2010 dated 20 March 2010 (Ref.: StB 16/243.7/10-10-10/11715439). Enforcement is the responsibility of the federal states.
In Lower Saxony, the Ministry of the Environment and the Ministry of Transport agreed on a number of changes that were introduced in Lower Saxony in addition to the directive at federal level by decree dated 5 November 2012 (Ref.: 42.2-31601/1500).
Justification: It is not necessary to apply the bedding material and is only used for disposal. Systematic reprofiling in thin layers would not be carried out if no mineral waste were available. The banquet peelings therefore do not replace any raw materials that would otherwise have been used for this purpose. Proof of the suitability of banquet peelings applied in thin layers for the sustainable protection or restoration of at least one of the soil functions listed in § 2 para. 2 nos. 1 and 3 letters b and c BBodSchG (see § 12 para. 2 BBodSchV) has not yet been provided.
However, roadbed material can be used as part of road construction measures if it is functionally suitable and complies with the permissible pollutant levels. Otherwise, the banquet peelings must be handed over to a third party. In general, the following disposal options are available for banquet peelings:
- Utilisation in the rootable soil layer on the basis of § 12 BBodSchV and the LABO implementation aid for § 12 BBodSchV,
- Utilisation in soil-like applications and technical structures on the basis of the Technical Rule Soil (2004),
- Utilisation in surface mining on the basis of the Technical Rules of the Mining Industry Committee (LAB) (2004),
- Utilisation in the recultivation layer of landfills on the basis of the Landfill Ordinance (DepV),
- Recycling and disposal in landfills on the basis of the Landfill Ordinance (DepV).
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