When is something waste? The question seems easy to answer, but the practice turns out to be more complex. Yet for many companies, the question of whether a residual product is waste is critical. A look at the definition of waste and how it affects the circular economy.
What is waste?
You might be thinking: why should you worry about that? But legislators have strict requirements around waste, to protect public health and the environment. After all, materials such as asbestos, batteries and food past its expiration date can pose serious health and environmental risks. By legislating what constitutes waste and how we should deal with it, the government is ensuring that hazardous materials are not freely spread throughout society.
Waste? Get rid of it!
For many companies, the legal definition of waste is all-important. After all, as a company you want to prevent secondary materials you produce or use from being classified as waste. Because as soon as a material is labeled as waste, it leads to administrative and burdens as well as legal and economic risks. You understand: this is bad news for those who want to use "waste" in a circular way.
The legal definition of waste: wide as a dumpster
The definition of waste dates back to 1975. According to that definition, a waste material is: "any substance or object which the holder discards, intends to discard or is required to discard." This broad interpretation means that many materials that could potentially be reused are regularly still considered waste and therefore lost.
Not everything that remains after a production process is automatically waste. A byproduct, for example, is a material that can be used without further processing. Consider pulp left over from the production of orange juice and used in the food industry. When a waste is treated so that it can be reused as a product, it can be given end-of-waste status. This means it is no longer considered waste and other regulations apply.
Waste or non-waste? The assessment tool
An important tool for determining whether or not something is waste is the Waste or Non-Waste Guidance. This document contains three assessment criteria for determining whether something is waste. Simply put: in basic terms, all residual streams are waste, but if all three assessment criteria are met, a substance may possibly be considered non-waste. The three criteria:
- Is the use of the material certain?
There must be certainty that the material will actually be used, such as by the holder or another party. In addition, the material must also be suitable for this use. The use must be practicable and realistic. In the case of Donal Brady v. Environmental Protection Agency, for example, the European Court of Justice ruled on whether slurry a farmer stored to sell later classified as waste. Because slurry emits a lot of ammonia during storage, EPA had filed this lawsuit against the farmer. The court ruled that the manure did not classify as waste but as a byproduct, because it was certain that the manure would be sold and did not simply remain stored. - Is the use of the material lawful?
If you want to reuse a material, you must also prove that this reuse complies with all applicable laws and regulations. The use must be legally compliant and must be safe for humans and the environment. Take pulverized coal fly ash: a residue created when coal is burned in power plants. This substance is often used as a reinforcing binder in asphalt, but must first comply with soil quality regulations and be registered under REACH legislation. - Is the use of the material of sufficient quality?
The use must also be efficient and sustainable so that natural resources are optimally utilized. Because even if a material can be used securely and lawfully, the use may still not be optimal from an environmental point of view. High-quality use is also measured by the waste hierarchy from the European Waste Framework Directive. An example of "high-value use" is the recycling of citrus peels by turning them into oil. If the peels were otherwise incinerated, the use for oil production is higher-value.
Implications of the waste definition: obstacles to the circular economy
If a material or substance does not meet all three criteria described above, it is defined as waste. Once a material gains waste status, the rules of the game change:
- Legal implications
Companies working with waste materials face a maze of rules and administrative burdens. They must apply for permits, comply with registration requirements and meet strict acceptance procedures. These burdens limit their flexibility, especially when they want to be innovative with their residual materials. - Economic implications
Because waste streams are often considered high-risk, transporting and processing these materials can lead to additional costs and uncertainties. Classifying something as waste complicates the reuse or take-back of materials, such as return logistics. This applies, for example, to companies that want to reuse waste products as raw materials for new products. - Barriers to innovations
Circular initiatives, such as reusing materials or recycling, are often discouraged because these materials are classified as waste. Legislation seems to be a particular obstacle, while there is more room for reuse and "repurpose.
Legislation and the circular economy: time for reform?
Strict waste legislation is designed to protect health and the environment. But the broad interpretation of the waste definition creates barriers for companies that want to develop circular initiatives, in different sectors. In the construction and demolition sector, for example, a lot of waste is generated that could theoretically be reused, but due to its classification as waste does not get a second life. And the food industry also faces obstacles with food scraps that could still have a valuable use, for example, in animal feed or as compost.
The need for a revision of waste legislation
Thus, waste legislation sometimes gets in the way of the current circular economy somewhat. Although the waste definition was created to protect the environment and health, it does not always match today's challenges. The process of being allowed to work with waste materials is a legal and bureaucratic quest, the company Rotterzwam, which grows mushrooms on coffee grounds, describes on its website. This should not be necessary, especially if the goal is to turn waste into valuable raw materials.
Trends and future developments
Fortunately, changes are visible. The EU has launched several initiatives to promote circular economy, and the Netherlands is also increasingly considering legislative changes to promote sustainable innovation. Adjusting regulations to make it easier for materials to obtain end-of-waste status and creating clear guidelines for circular processes would help companies achieve their goals without legal hurdles.
Conclusion: room for improvement in laws and regulations
Waste legislation is an important tool to protect human and environmental health. But in the current context, where the transition to a circular economy is central, this legislation sometimes proves to be an obstacle. The broad interpretation of waste means that materials that can be reused are often wrongly classified as waste. So there is room for improvement. By modernizing legislation and aligning it more closely with circular processes, we can encourage innovation and support companies in their pursuit of a more sustainable future.
The positive approach to waste: a raw material that has lost its way
At Milgro, we define waste as a raw material that has lost its way. When valuable raw materials end up in waste streams and are burned or dumped, they are no longer available to humans or nature. Thus, we lose these raw materials forever. Sin. According to Milgro, waste should no longer be seen as a problem to be solved, but rather as an opportunity to create value. The question "How can we solve the waste problem?" is therefore an unjustified one. The question that really should be central: how can we best navigate used raw materials to companies that can extract value from them again?
Trouble with waste legislation? Milgro is here to help
Do you want to align your circular ambitions with waste legislation? Milgro is happy to assist. Whether you're facing challenges or have innovative ideas, we're here to help. Let's work together to explore how we can turn waste regulations into opportunities for a more sustainable future.
