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State and Local Relations on Environmental Regulations in the Federal Republic of Germany

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Abstract

This chapter examines some of the difficulties confronted in obtaining a sufficient degree of waste and sewage disposal at the local level in the FRG. It focuses on the decision-making processes within the local communities as well as on the relations between state and local administrative agencies in connection with the implementation of these programs.1 If one were to look at the conditions under which the implementation programs in environmental policy are effectively carried out, one would expect to find the following situations which are in fact realized in the Federal Republic of Germany:

  1. a)

    There are clear standards to guide implementation: as specified by the German water resources law (Wasserhaushaltsgesetz, abbreviated WHG), sewage is to undergo at least biological treatment. The standards for solid waste disposal laid down in the waste disposal law (Abfallbeseitigungsgesetz, abbreviated AbfG) prescribe either controlled dumping or composting or incineration to be done in such a manner as to avoid endangering and damaging the soil, landscape, ground water, and health.

  2. b)

    . Their activities in this connection are supervised by special technical state agencies (Amter fur Wasser- und Abfallwirt- schaft, abbreviated WWA) as well as by the state district governments (Regierungsprasidien, abbreviated RP), which exercise general administrative and legal supervision over local communities.

  3. c)

    The administrative offices in charge are staffed with specialists for waste and sewage disposal.Within the local administrations special departments are responsible for these tasks. They employ engineers and technicians for planning and carrying out the tasks involved.

  4. d)

    The communities are able to raise the revenue needed for these environmental protection tasks.According to law (Kommunalabgabengesetze, abbreviated KAG) citizens must utilize the public waste and sewage disposal facilities and must be charged fees that cover the cost of these services.

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Notes

  1. Data reported here are drawn from an empirical study financed by the German Research Foundation and carried out by the author together with Axel Muller and Peter Wassen in 19781979. Case studies on forty-six decision-making processes concerning the construction or improvement of waste and sewage disposal plants were conducted in eleven local communities of different size on the basis of official records and interviews. For a full report see Jochen Hucke, Axel Muller, Peter Wassen, Implementation kommunaler Umweltpoltik Frankfurt/New York, 1980.

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  2. There are certain differences in the local political structure between the northern and southern parts of Germany. In southern Germany elected representatives themselves form the top of the local administration, while in northern Germany there is a city manager (Stadtdirektor) in charge of administrative management along side the political office of mayor (Burgermeister).

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  3. In its program of investments for the future (Zukunftsinvestitionsprogramm, ZIP), the federal government spent 16 billion DM for the improvement of sewage treatment, from 1978 to 1980, especially in the Rhine area.

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© 1983 Springer Science+Business Media Dordrecht

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Hucke, J. (1983). State and Local Relations on Environmental Regulations in the Federal Republic of Germany. In: Downing, P.B., Hanf, K. (eds) International Comparisons in Implementing Pollution Laws. Springer, Dordrecht. https://doi.org/10.1007/978-94-017-1927-8_7

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  • DOI: https://doi.org/10.1007/978-94-017-1927-8_7

  • Publisher Name: Springer, Dordrecht

  • Print ISBN: 978-94-017-1929-2

  • Online ISBN: 978-94-017-1927-8

  • eBook Packages: Springer Book Archive

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