Stakes and main legal references concerning waste management for an economic activity

Waste is a product which, from the point of view of its producer or user, has come to the end of its life, and therefore arouses disinterest or even disgust. It should therefore be disposed of as quickly and cheaply as possible, before starting a new production or consumption cycle. At least, this was the thinking that prevailed for centuries, until a few hygienists and naturalists became concerned that waste that had disappeared from view (because it was buried or dumped in the water) could generate nuisances such as poisoning drinking water sources or sterilizing arable land.

It wasn't until the 1970s, however, that the issue of disposal and its consequences was taken seriously by the legislator (Law no. 75-633 of July 15, 1975 on waste disposal and the recovery of materials), and manufacturers developed effective treatment techniques to limit the transfer of pollution. This, of course, has led to an increase in the cost of treatment, the practical implications of which in terms of environmental and public health protection are still poorly (re)understood by users and local residents. Treatment is becoming safer and safer, but more and more complicated, due to the NIMBY (not in my backyard) phenomenon, which is developing among citizens who are increasingly sensitive to the quality of their working conditions and living environment, but still have little sense of responsibility for their role in the quantity and harmfulness of the waste to be destroyed, the root causes of the problem.

The realization at the Rio Summit in 1992 that the inevitable depletion of natural resources is directly linked to the linear "extract, manufacture, throw away" development model that has prevailed since the 1 ^re industrial revolution has given rise to the concept of the circular economy, whereby the waste of some can serve as raw material or fuel for others, replacing non-renewable resources. Recognition and sorting techniques now make it possible to give a "second life" to many products, whether in specialized eco-industries or in traditional production chains.

France is one of the most technologically advanced countries in this field, and is banking on the deployment of a new social and solidarity-based economy in parallel with, or in interaction with, that of waste management. However, this situation is counterbalanced by an insufficient number of local operational units and a highly volatile demand for "secondary raw materials", which means that landfill disposal is still widely practised, all categories of waste taken together, despite a proactive policy to limit access to this easy outlet to 10% of non-hazardous waste by 2035.

In a fast-changing regulatory environment under climatic...