A Study of Recent Development of the Taiwan’s 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 Brief Introduction to Interrelationship Between Sustainability and Waste Management Overview of European Experience of Adopting Sustainable Waste Management Approaches Overview of European Experience of Adopting Sustainable Waste Management Approaches Overview of U.S. Waste Legislation and Prospect Overview of U.S. Waste Legislation and Prospect Overview of Taiwan’s Propose Waste Management Law Overview of Taiwan’s Propose Waste Management Law Recommendations for Future Policymakers 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. ” 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. Sustainable Waste management does not only generate local impacts but also would minimize environmental burden of the plant earth.

Agenda 21’s 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 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 : 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 (a) Minimizing wastes (b) Maximizing environmentally sound waste reuse and recycling (b) Maximizing environmentally sound waste reuse and recycling (c) Promoting environmentally sound waste disposal and (c) Promoting environmentally sound waste disposal and treatment treatment (d) Extending waste service coverage. (d) Extending waste service coverage.

OECD’s Version of ESM There is no official agreement with regards the definition of ESM due to its broad and complex concept 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 ” 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 Sustainable use of natural resources waste prevention waste prevention optimize recovery operations and optimize recovery operations and minimize quantities as well as potential risk of waste destined for disposal. minimize quantities as well as potential risk of waste destined for disposal.

A Example of Sustainable Waste Management Approaches: Extended Producer Responsibility (EPR) A Example of Sustainable Waste Management Approaches: Extended Producer Responsibility (EPR) The Concept of EPR is to extend manufacturer ’ s product responsibility from manufacturing process to post consumption stage. The Concept of EPR is to extend manufacturer ’ s product responsibility from manufacturing process to post consumption stage. EPR requires product ’ s final manufacturer to take into account their product ’ s environmental impacts through out a product ’ s lifecycle. EPR requires product ’ s final manufacturer to take into account their product ’ s environmental impacts through out a product ’ s lifecycle. EPR requires product ’ s final manufacturer to internalize ALL waste handling costs. EPR requires product ’ s final manufacturer to internalize ALL waste handling costs.

EPR in Europe 1991 German Packaging Ordinance first introduces EPR Programs German Packaging Ordinance first introduces EPR Programs German Close Loop Economic Law has further provided comprehensive legal framework to apply EPR in overall German Waste Management 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. 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 minimize the weight and volume of packaging. The Ordinance requires manufacturer to “Take-Back” their Products after consumption. 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. 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 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. 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. 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, 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. There is no federal law in place that specifically adopts EPR concept. Congress is now discussing the Proposal for National Computer Recycling Act (NCRA). 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 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 government ’ s slow progress, several states have taken the leading role to incorporate EPR into the context of state legislation. In contrast to federal government ’ s 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). 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).

California’s E-Waste Law EWRA requires manufacturers to inform consumers about where and how to return, recycle, and dispose of their electronic products. 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. 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 Taiwan’s Proposed Waste Material Management Act Because Taiwan ’ s 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. Because Taiwan ’ s 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, Taiwan ’ s Environmental Protection Administration (TEPA) proposed a new waste legislation to implement “ Zero Waste ” Policy In response to trash crisis and international trend for establishing sustainable waste management legal framework, Taiwan ’ s 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. 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. 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 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. ” 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 Recycling and Reuse Technology& Economic Feasibility Test No Designated For Final disposal Municipal WasteHazardous Waste Yes Waste For Energy

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. 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. Providing Incentives for Redesign is the Key to Achieve Sustainability. Preventing Illegal Disposal of Hazardous Waste for the Purpose of Recycling 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 According to TEPA 2008 statistic report: The According to TEPA 2008 statistic report: The average amount of Municipal Solid Waste (MSW) average amount of Municipal Solid Waste (MSW) collected for disposal reached kg per capita collected for disposal reached kg per capita per day, which dropped by 50.74% from the peak value in per day, which dropped by 50.74% from the peak value in The percentage of MSW that was properly disposed of increased from 60.17% in 1989 to 99.99% in (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. 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. Though gaining slow progress, we need to act it now. We still have time to save our mother earth.

Thanks for your attention.