Waste management law

Last updated

Waste management laws govern the transport, treatment, storage, and disposal of all manner of waste, including municipal solid waste, hazardous waste, and nuclear waste, among many other types. Waste laws are generally designed to minimize or eliminate the uncontrolled dispersal of waste materials into the environment in a manner that may cause ecological or biological harm, and include laws designed to reduce the generation of waste and promote or mandate waste recycling. Regulatory efforts include identifying and categorizing waste types and mandating transport, treatment, storage, and disposal practices.

Contents

Waste determination

Waste determination is the process by which a particular material is classified as a "waste" subject to regulation. [1] The question can become quite complicated, as for example determining whether a some material is "hazardous waste" under the U.S. Resource Conservation and Recovery Act. [2]

Determination of whether a material constitutes a particular waste type may govern the manner in which the material must be handled from that point forward. For example, in the United States, non-hazardous municipal solid waste may be sent to a landfill, [3] while used motor oil is deemed hazardous and cannot be dumped in landfills, but rather is subject to more stringent handling, storage, treatment, and disposal requirements. [4] [5] The UK government provides technical guidance on how to assess and classify waste in the form of a reference manual, known as WM3. It covers all UK waste classifications.

Many other wastes may have their own individual definitions and unique handling requirements. In each case a "waste stream" may be identified - waste is generated when a previously useful item is discarded or abandoned, and then may flow through various defined treatment, recycling, and storage areas before arriving at a final designated disposal site. [6]

Disposal standards

Disposal standards govern the permissibility, method, and location of disposal of a particular waste. Such standards may be designed to protect human health and comfort, and environmental values. A variety of methods exist to control disposal.

Waste disposal may be restricted entirely via a disposal ban. The most common and widespread such standard is a prohibition on littering. Where a jurisdiction has authorized a specific place or system for trash collection, deposition or abandonment of trash elsewhere may be subject to civil or criminal penalties. [7] Other more specific disposal bans - from mandating that paint not be poured down drains, to specifying national repositories for radioactive waste - all act to govern the final resting place of various wastes. Still other wastes may be required to be separated for recycling, rather than disposal. All of these prohibitions are, in a sense, conditional, in that they do not outright ban the disposal of the material, but rather restrict the disposal location.

Waste disposal also may be restricted conditionally by requiring that a waste be treated in a specific fashion before it may be disposed of at a particular location. One such program is the United States Environmental Protection Agency's Land Disposal Restrictions under the Resource Conservation and Recovery Act Subtitle C hazardous waste management program. [8] These rules restrict the land disposal (placement in landfills, primarily) of hazardous waste without prior approved programs. The "disposal prohibition" mandates that hazardous waste cannot be disposed on land until it is treated to meet specified characteristics (acceptable ignitability, corrosivity, reactivity, and toxicity), or is treated by specified approved treatment methods. The "dilution prohibition" proscribes adding large amounts of water, soil, or non-hazardous waste in order to avoid specified treatment. The "storage prohibition" allows waste to be stored only for the purposes of accumulating for treatment, rather than simply stored indefinitely to avoid treatment. [9]

Specific standards may also be adopted regarding the construction and operation of waste disposal facilities. Landfills, for example, may be required to meet location restrictions to avoid geological faults or wetlands; to install liner systems and collection systems to minimize groundwater contamination from leachate; to adopt operation policies that minimize dust and other nuisances; to install methane removal or collection systems to eliminate landfill gas; to be covered and otherwise closed upon decommissioning; and to operate environmental monitoring systems to ensure compliance. [10]

Around the world

International law

International law includes agreements related to international transport and disposal of hazardous waste:

China

European Union

United Kingdom

UK waste legislation is derived predominantly from EU governance and transposed into UK law via statutory instruments.

UK waste management facilities register for one or more of 28 standard permits, may opt for an exemption from licensing or complete a bespoke permit. Persons or organisations wishing to transport waste (other than their own) must purchase a waste carrier license. Producers of hazardous wastes are required (where they produce in excess of 500 kilograms per annum) to register as a hazardous waste producer.

The 2011 regulations were amended in 2012 following legal claims raised by the Campaign for Real Recycling, who argued that they did not correctly transpose the directive into the law of England and Wales. On 6 March 2013, Mr Justice Hickinbottom ruled that the 2012 amended regulations did now fulfil the requirements of the European Commission's revised Waste Framework Directive. [14]

The EU–UK Trade and Cooperation Agreement of 2020 includes "reciprocal commitments" by each party "not to reduce the level of environmental or climate protection or fail to enforce its laws in a manner that has an effect on trade", which will include laws related to waste management. [15]

United States

US Regulatory bodies include:

In addition to laws implementing or advancing portions of the US laws, some US states have enacted notable laws on other waste and environmental subjects.

Related Research Articles

<span class="mw-page-title-main">Hazardous waste</span> Ignitable, reactive, corrosive and/or toxic unwanted or unusable materials

Hazardous waste is waste that must be handled properly to avoid damaging human health or the environment. Waste can be hazardous because it is toxic, reacts violently with other chemicals, or is corrosive, among other traits. As of 2022, humanity produces 300-500 metric tons of hazardous waste annually. Some common examples are electronics, batteries, and paints. An important aspect of managing hazardous waste is safe disposal. Hazardous waste can be stored in hazardous waste landfills, burned, or recycled into something new. Managing hazardous waste is important to achieve worldwide sustainability. Hazardous waste is regulated on national scale by national governments as well as on an international scale by the United Nations (UN) and international treaties.

<span class="mw-page-title-main">Landfill</span> Site for the disposal of waste materials

A landfill site, also known as a tip, dump, rubbish dump, garbage dump, trash dump, or dumping ground, is a site for the disposal of waste materials. Landfill is the oldest and most common form of waste disposal, although the systematic burial of the waste with daily, intermediate and final covers only began in the 1940s. In the past, refuse was simply left in piles or thrown into pits; in archeology this is known as a midden.

<span class="mw-page-title-main">Industrial waste</span> Waste produced by industrial activity or manufacturing processes

Industrial waste is the waste produced by industrial activity which includes any material that is rendered useless during a manufacturing process such as that of factories, mills, and mining operations. Types of industrial waste include dirt and gravel, masonry and concrete, scrap metal, oil, solvents, chemicals, scrap lumber, even vegetable matter from restaurants. Industrial waste may be solid, semi-solid or liquid in form. It may be hazardous waste or non-hazardous waste. Industrial waste may pollute the nearby soil or adjacent water bodies, and can contaminate groundwater, lakes, streams, rivers or coastal waters. Industrial waste is often mixed into municipal waste, making accurate assessments difficult. An estimate for the US goes as high as 7.6 billion tons of industrial waste produced annually, as of 2017. Most countries have enacted legislation to deal with the problem of industrial waste, but strictness and compliance regimes vary. Enforcement is always an issue.

<span class="mw-page-title-main">Toxic waste</span> Any unwanted material which can cause harm

Toxic waste is any unwanted material in all forms that can cause harm. Mostly generated by industry, consumer products like televisions, computers, and phones contain toxic chemicals that can pollute the air and contaminate soil and water. Disposing of such waste is a major public health issue.

<span class="mw-page-title-main">Resource Conservation and Recovery Act</span> Federal law in the United States governing the disposal of waste

The Resource Conservation and Recovery Act (RCRA), enacted in 1976, is the principal federal law in the United States governing the disposal of solid waste and hazardous waste.

<span class="mw-page-title-main">Toxicity characteristic leaching procedure</span>

Toxicity characteristic leaching procedure (TCLP) is a soil sample extraction method for chemical analysis employed as an analytical method to simulate leaching through a landfill. The testing methodology is used to determine if a waste is characteristically hazardous, i.e., classified as one of the "D" listed wastes by the U.S. Environmental Protection Agency (EPA). The extract is analyzed for substances appropriate to the protocol.

Articles related to waste management include:

<span class="mw-page-title-main">Municipal solid waste</span> Type of waste consisting of everyday items discarded by the public

Municipal solid waste (MSW), commonly known as trash or garbage in the United States and rubbish in Britain, is a waste type consisting of everyday items that are discarded by the public. "Garbage" can also refer specifically to food waste, as in a garbage disposal; the two are sometimes collected separately. In the European Union, the semantic definition is 'mixed municipal waste,' given waste code 20 03 01 in the European Waste Catalog. Although the waste may originate from a number of sources that has nothing to do with a municipality, the traditional role of municipalities in collecting and managing these kinds of waste have produced the particular etymology 'municipal.'

<span class="mw-page-title-main">Household hazardous waste</span>

Household hazardous waste (HHW) was a term coined by Dave Galvin from Seattle, Washington in 1982 as part of the fulfillment of a US EPA grant. This new term was reflective of the recent passage of the Resource Conservation and Recovery Act of 1976 in the US. This act and subsequent regulations strengthened the environmental protection requirements for landfills, in Subpart D, and created a "cradle to grave" management system for hazardous wastes, in Subpart C. From RCRA 1976 the US EPA promulgated rules in 1980 which explicitly excluded any wastes from household origins from regulation as a hazardous waste at the federal level. Most US states adopted parallel regulations to RCRA 1976 but were allowed to be more stringent. California took advantage of this allowance and chose to not exempt household origin wastes from their state hazardous waste laws. HHW products exhibit many of the same dangerous characteristics as fully regulated hazardous waste which are their potential for reactivity, ignitability, corrosivity, toxicity, or persistence. Examples include drain cleaners, oil paint, motor oil, antifreeze, fuel, poisons, pesticides, herbicides and rodenticides, fluorescent lamps, lamp ballasts containing PCBs, some smoke detectors, and in some states, consumer electronics. Except for California, most states exclude HHW from their hazardous waste regulations and regulate the management of HHW largely under their solid waste regulatory schemes.

<span class="mw-page-title-main">Regulation of ship pollution in the United States</span>

In the United States, several federal agencies and laws have some jurisdiction over pollution from ships in U.S. waters. States and local government agencies also have responsibilities for ship-related pollution in some situations.

<span class="mw-page-title-main">Hazardous waste in the United States</span>

Under United States environmental policy, hazardous waste is a waste that has the potential to:

<span class="mw-page-title-main">Waste</span> Unwanted or unusable materials

Waste are unwanted or unusable materials. Waste is any substance discarded after primary use, or is worthless, defective and of no use. A by-product, by contrast is a joint product of relatively minor economic value. A waste product may become a by-product, joint product or resource through an invention that raises a waste product's value above zero.

<span class="mw-page-title-main">Landfills in the United States</span> American landfills

Municipal solid waste (MSW) – more commonly known as trash or garbage – consists of everyday items people use and then throw away, such as product packaging, grass clippings, furniture, clothing, bottles, food scraps and papers. In 2018, Americans generated about 265.3 million tonnes of waste. In the United States, landfills are regulated by the Environmental Protection Agency (EPA) and the states' environmental agencies. Municipal solid waste landfills (MSWLF) are required to be designed to protect the environment from contaminants that may be present in the solid waste stream.

<span class="mw-page-title-main">Ash pond</span> Coal plant disposal structure

An ash pond, also called a coal ash basin or surface impoundment, is an engineered structure used at coal-fired power stations for the disposal of two types of coal combustion products: bottom ash and fly ash. The pond is used as a landfill to prevent the release of ash into the atmosphere. Although the use of ash ponds in combination with air pollution controls decreases the amount of airborne pollutants, the structures pose serious health risks for the surrounding environment.

<span class="mw-page-title-main">Electronic waste in the United States</span>

Electronic waste or e-waste in the United States refers to electronic products that have reached the end of their operable lives, and the United States is beginning to address its waste problems with regulations at a state and federal level. Used electronics are the quickest-growing source of waste and can have serious health impacts. The United States is the world leader in producing the most e-waste, followed closely by China; both countries domestically recycle and export e-waste. Only recently has the United States begun to make an effort to start regulating where e-waste goes and how it is disposed of. There is also an economic factor that has an effect on where and how e-waste is disposed of. Electronics are the primary users of precious and special metals, retrieving those metals from electronics can be viewed as important as raw metals may become more scarce

<span class="mw-page-title-main">Electronic waste by country</span>

Electronic waste is a significant part of today's global, post-consumer waste stream. Efforts are being made to recycle and reduce this waste.

Solid waste policy in the United States is aimed at developing and implementing proper mechanisms to effectively manage solid waste. For solid waste policy to be effective, inputs should come from stakeholders, including citizens, businesses, community-based organizations, non-governmental organizations, government agencies, universities, and other research organizations. These inputs form the basis of policy frameworks that influence solid waste management decisions. In the United States, the Environmental Protection Agency (EPA) regulates household, industrial, manufacturing, and commercial solid and hazardous wastes under the 1976 Resource Conservation and Recovery Act (RCRA). Effective solid waste management is a cooperative effort involving federal, state, regional, and local entities. Thus, the RCRA's Solid Waste program section D encourages the environmental departments of each state to develop comprehensive plans to manage nonhazardous industrial and municipal solid waste.

<span class="mw-page-title-main">Solid Waste Disposal Act of 1965</span>

The Solid Waste Disposal Act (SWDA) is an act passed by the United States Congress in 1965. The United States Environmental Protection Agency described the Act as "the first federal effort to improve waste disposal technology". After the Second Industrial Revolution, expanding industrial and commercial activity across the nation, accompanied by increasing consumer demand for goods and services, led to an increase in solid waste generation by all sectors of the economy. The act established a framework for states to better control solid waste disposal and set minimum safety requirements for landfills. In 1976 Congress determined that the provisions of SWDA were insufficient to properly manage the nation's waste and enacted the Resource Conservation and Recovery Act (RCRA). Congress passed additional major amendments to SWDA in the Hazardous and Solid Waste Amendments of 1984 (HSWA).

Water in Arkansas is an important issue encompassing the conservation, protection, management, distribution and use of the water resource in the state. Arkansas contains a mixture of groundwater and surface water, with a variety of state and federal agencies responsible for the regulation of the water resource. In accordance with agency rules, state, and federal law, the state's water treatment facilities utilize engineering, chemistry, science and technology to treat raw water from the environment to potable water standards and distribute it through water mains to homes, farms, business and industrial customers. Following use, wastewater is collected in collection and conveyance systems, decentralized sewer systems or septic tanks and treated in accordance with regulations at publicly owned treatment works (POTWs) before being discharged to the environment.

References

  1. E.g., U.S. EPA OSWER 5305W, Introduction to Hazardous Waste Identification ("'Is my waste a hazardous waste regulated under the Resource Conservation and Recovery Act (RCRA)?' This is one of the most common and basic RCRA questions and is the key to the RCRA hazardous waste program.
  2. U.S. EPA OSWER 5305W, Introduction to Hazardous Waste Identification (Section 2, describing regulatory evaluation of whether a material is "solid waste," if so whether it is specifically excluded from RCRA regulations, whether the waste is "listed" as hazardous, and whether the waste otherwise exhibits characteristics of hazardous waste). See also U.S. EPA, Definition of Solid Waste (DSW) Decision Tool v2.
  3. U.S. EPA, Landfills
  4. RJS Management, Waste Disposal & Collection Solutions
  5. U.S. EPA, Used Oil Management Program Laws & Regulations
  6. U.S. EPA Terms of Environment, Waste Stream.
  7. See, e.g., NCSL, List of States with Littering Penalties.
  8. See 40 C.F.R. Part 268.
  9. U.S. EPA, Land Disposal Restrictions for Hazardous Wastes: A Snapshot of the Program
  10. See, e.g., U.S. EPA, Landfills.
  11. Council of the European Union, A new framework for waste management in the EU, Luxembourg, 20 October 2008, accessed 28 December 2020
  12. UK Legislation, Waste (England and Wales) Regulations 2011, accessed 28 December 2020
  13. UK Legislation, Waste (England and Wales) (Amendment) Regulations 2012, accessed 28 December 2020
  14. Sanderson, P., Campaign for Real Recycling drops legal bid on commingled recycling, REB Market Intelligence, published 27 March 2013, accessed 5 February 2021
  15. UK Government, UK-EU Trade and Cooperation Agreement: Summary, paragraph 92, published 24 December 2020, accessed 28 December 2020