Waste Management Law and the Impact of Urban Solid Waste
Waste Management Law
Object
This law aims to prevent waste production, establish the legal status of waste production and management, and promote reduction, reuse, recycling, and other forms of recovery. It also regulates contaminated soils to protect the environment and human health. The government may establish rules for different types of waste, setting down specific provisions concerning production and management.
Scope
This law applies to all types of waste, with the following exceptions:
- Emissions to air
- Radioactive waste regulated by the Nuclear Energy Act
- Liquid effluent discharges to inland waters covered by the Water Act
- Discharges from land to sea covered by the Coastal Act, and discharges from ships and aircraft to the sea regulated by international treaties to which Spain is a party
This law shall apply in addition to matters set out below in areas specifically covered in their specific regulations:
- The management of waste resulting from prospecting, extraction, recovery, disposal, and storage of mineral resources, as well as quarrying, as governed by the Mining Act
- The disposal and processing of animal carcasses and animal waste
- Waste produced on farms and ranches
- Explosives, cartridges, and fireworks declassified and waste of raw materials or products most dangerous explosives used in the manufacture of the above
- Separate land in the food industry in its early stages of reception and primary cleaning
Waste Production
Industries or activities that produce hazardous waste require administrative approval from the competent authority in environmental matters in the CCAA for installation, substantial modification or expansion, and relocation.
These authorizations are granted for a fixed period and may be renewed. They determine the maximum amount per unit of production and characteristics of waste that can be generated, taking into account the use of cleaner technologies under economically and technically feasible conditions, as well as the technical characteristics of the installation concerned. Priority will be given to the principle of waste prevention.
Permits may be denied if operations are insufficient to handle the waste or if the intended management does not conform to national and regional waste lists.
Ownership of Waste
Waste holders are required to deliver waste to a licensed facility for recovery or disposal, or to participate in a voluntary agreement or collaboration agreement that includes these operations, unless they manage the waste themselves. Waste holders must keep waste in proper health and safety conditions while in their possession.
All potentially recyclable or recoverable waste should be assigned to these ends, avoiding disposal whenever possible. The waste holder is obligated to cover their management costs.
Waste Management
Waste management operations must be carried out without endangering human health or the environment. This includes avoiding hazards to water, air, or soil, harm to flora or fauna, nuisance through noise or odors, and adverse effects on the countryside or places of special interest.
Abandonment, dumping, or uncontrolled disposal of waste is prohibited, as is any mixture or dilution that makes waste management more difficult.
The CCAA may declare all or some waste management operations as a public service under regional or local ownership. The establishment or expansion of storage facilities for waste recovery and disposal is declared of public utility and social interest for purposes of eminent domain legislation.
Urban Solid Waste and its Problems
The Waste Problem
From the beginning, humans have exploited natural resources. In the period from our origins to the Neolithic period, humans lived as hunter-gatherers, leaving a minimal environmental footprint.
The shift to agriculture and settled communities brought significant changes to our relationship with the environment. While advancements led to improved welfare, they also resulted in more intensive exploitation of natural resources.
The Industrial Revolution marked a turning point, with rapid economic and demographic growth leading to urbanization and the emergence of new types of waste that overwhelmed natural cycles.
The twentieth century, particularly its latter half, saw an explosion in consumption-based economies and disposable culture, further exacerbating the waste problem and its environmental impact.
Source of Waste
All human activities can produce waste. Agricultural waste constitutes the largest fraction, followed by mining, industrial, municipal, and energy production waste.
While agricultural waste is the most voluminous, waste from mining, industry, and energy production has a greater potential for environmental damage.
Urban waste represents a smaller percentage of the total. In European countries in 1990, municipal waste accounted for 9.62% of the total waste generated.
The proportion of each type of waste varies depending on a country’s economic structure. Generally, more developed countries tend to generate a higher proportion of industrial and urban waste.