A Study of Recent Development of the

Taiwans Waste Management Legal

Proposal: Lesson From Resource Recycle
and Solid Waste Management Law and
Policy in the EU, and the United States
Speaker: Hsing-Hao Wu S.J.D

Assistant Professor in Law

University of Kaohsiung, Taiwan

Outline of Presentation

Brief Introduction to Interrelationship Between Sustainability

and Waste Management

Overview of European Experience of Adopting Sustainable

Waste Management Approaches

Overview of U.S. Waste Legislation and Prospect

Overview of Taiwans Propose Waste Management Law

Recommendations for Future Policymakers

Developing Environmentally Sound Waste

Management is a Key to Achieve
Sustainability

Rio Declaration Principle 8 states: To achieve

sustainable development and a higher quality of
life for all people, States should reduce and
eliminate unsustainable patterns of production
and consumption and promote appropriate
demographic policies.
Sustainable Waste management does not only
generate local impacts but also would minimize
environmental burden of the plant earth.

Agenda 21s Version of Environmentally

Sound Management of Waste (ESM)

The Agenda 21 provides that ESM must go beyond merely safe

disposal and recovery of waste, but rather to prevent
unsustainable industrial production and consumption of natural
resources by establishing an integrated life-cycle product
management framework.
The Agenda calls for national authority to establish an integrated
life-cycle management framework that consists of four major
waste actions programs areas :
(a) Minimizing wastes
(b) Maximizing environmentally sound waste reuse and recycling
(c) Promoting environmentally sound waste disposal and
treatment
(d) Extending waste service coverage.

OECDs Version of ESM

There is no official agreement with regards the

definition of ESM due to its broad and complex
concept
However, working definition of the ESM can be
found in 2004 Council Recommendation as
follows: a scheme for ensuring that wastes and
scrap materials are managed in a manner that
will save natural resources, and protect human
health and the environment against adverse
effects that may result from such wastes and
materials

OECD and Agenda 21 Share the

Common Goals

Sustainable use of natural

resources
waste prevention
optimize recovery operations
and
minimize quantities as well as
potential risk of waste destined
for disposal.

A Example of Sustainable Waste Management

Approaches: Extended Producer Responsibility
(EPR)

The Concept of EPR is to extend manufacturers

product responsibility from manufacturing
process to post consumption stage.
EPR requires products final manufacturer to take
into account their products environmental
impacts through out a products lifecycle.
EPR requires products final manufacturer to
internalize ALL waste handling costs.

EPR in Europe

1991 German Packaging Ordinance first

introduces EPR Programs.
1994 German Close Loop Economic Law
has further provided comprehensive legal
framework to apply EPR in overall German
Waste Management
EU WEEE and RoHs Directive have
incorporated the EPR as primary means to
address e-waste issues.

EPR under the 1991 German

Packaging Ordinance

The Ordinance requires manufacturer to

minimize the weight and volume of packaging.

The Ordinance requires manufacturer to

Take-Back their Products after
consumption.

The Ordinance further requires

manufacturers to reuse or to recycle if can
not be refilled.

1994 German Closed Loop

Economy Law

Closed Loop Economy Law has provided a

comprehensive legal framework in an
attempt to promote optimal use of
resources and minimization of waste
designated for final disposal.

Closed Loop Economy Law further

elaborate EPR as primary legal measures

to achieve the goal of waste minimization.

EU WEEE and RoHs Directive

WEEE adopts EPR concept to require

manufacturers to take-back, reuse, and
recycle e-waste.
RoHs Directives provides restriction to use
hazardous substances in electrical
products. It sets up a deadline for Member
States to eliminate certain hazardous
wastes (lead, cadmium, mercury, and
hexavalent chromium) in computers and
computer accessories by July 1, 2006.

EPR in United States: Federal

Level

There is no federal law in place that

specifically adopts EPR concept.
Congress is now discussing the Proposal
for National Computer Recycling Act
(NCRA).
NCRA requires EPA to establish a grant
program to provide economic incentives for
municipalities, individuals and business
organizations to implement e-waste
recycling programs

EPR in United States: State Level

In contrast to federal governments slow

progress, several states have taken the leading
role to incorporate EPR into the context of state
legislation.
For instance, California in 2003 has enacted a
new legislation entitled Electronic Waste
Recycling Act, (EWRA) which requires
manufacturers to eliminate specific hazardous
materials from their electronics products by the
time RoHS goes into effect (July 1, 2006).

Californias E-Waste Law

EWRA requires manufacturers to inform

consumers about where and how to return,
recycle, and dispose of their electronic products.
EWRA requires electronics retailers to collect
recycling fee ranging from $ 6 to $ 10, and then
deposit into an "Electronic Waste Recovery and
Recycling Account" managed by the state.

Background of Taiwans Proposed Waste

Material Management Act

Because Taiwans rapid industrialization and

urbanization as a result of rapid economic growth
since 1980s, the increasing amount of waste
created challenges for waste disposal. The
overloading landfill facilities and local residents
not in my back home ideas finally resulted in
trash war in the early 90s.
In response to trash crisis and international trend
for establishing sustainable waste management
legal framework, Taiwans Environmental
Protection Administration (TEPA) proposed a new
waste legislation to implement Zero Waste
Policy

Main Themes Of Propose Act

Establishing a single, integrated waste management

framework that regulates eco-design, resource recycle, and
final disposal of waste materials.
Reconstruct Waste Handling Priority Based on Lifecycle
Analyses: From End-of-Pipe Strategy to Seek Waste
Management at Source as first priority of waste handling.
Incorporating Mandatory EPR Programs
Providing Comprehensive Economic Incentives to
Encourage Waste Minimization, including direct tax
incentives (landfill tax), eco-label, and granting program
for establishing Environmental Science and Technology
Parks.

Roadmap for Propose Waste Law

Waste
Avoidance

Collecting
Waste

Technology&
Economic Feasibility
Test

Recycling
and Reuse
Yes

No
Designated
For
Final disposal

Municipal Waste

Waste
For
Energy

Hazardous Waste

Some Suggestions for Waste Policymakers based

on Comparative Analyses of Waste Laws in EU,
U.S., and Taiwan

Setting mandatory recycling quota and

compliance guarantee mechanism would be more
effective than simple cost-sharing responsibility
or voluntary scheme.
Providing Incentives for Redesign is the Key to
Achieve Sustainability.
Preventing Illegal Disposal of Hazardous Waste
for the Purpose of Recycling

Progress Made
In Germany, the adoption of EPR scheme has successfully
decreased 13.4% annual consumption of packaging between
1991 to 1998.
According to TEPA 2008 statistic report: The
average amount of Municipal Solid Waste (MSW)
collected for disposal reached 0.520 kg per capita
per day, which dropped by 50.74% from the peak value in
1998. The percentage of MSW that was properly disposed of
increased from 60.17% in 1989 to 99.99% in 2008. (over
90% treated in incinerator). The recycling rate of MSW
increased from 24.01% in 2004 to 41.96% in 2008.

Conclusion
In response to sacrifice of natural resources
as a result of global climate change,
incorporating EPR and life-cycle approach in
the context of law is in right track to achieve
sustainable production and consumption.
Though gaining slow progress, we need to act
it now. We still have time to save our mother
earth.

Thanks for your attention.