This work deals with the underground deposition of wastes in the mining industry. The possibility exists of utilizing the waste in underground cavities for filling material or of depositing it there as waste. In each case both ways require an own technical and legal view, which is represented in this work. Main target of this work was, to collect and review all of the available current literature, law opinions, regulations as well as their interpretation and the final detailed discussion. The technical section of this work describes the details of the utilization, with the specific requirements of type of waste
and location. Additionally it describes the requirements of underground disposal of wastes according to (German) technical rules and regulations. The legal section deals with the permission-process for the underground utilization or for the underground disposal. In the main part of the discussion, the fundamental problem of „the definition between the utilization and the disposal of waste in the mining industry“ is dealed with different points of view. It is tried to find concrete facts (in respective environment law) to come to clear definition and to clear guidelines. Beyond that, for clarifying this point of issue, also ecological and economic aspects (special view of a monetary evaluation-system) are stated.