Principles of operational waste management for an economic activity

The polluter-pays principle is a fundamental concept in the environmental responsibility of economic activities. It is based on the idea that any activity that has a negative impact on the environment through the extraction of resources and the pollution associated with its discharges and the waste it generates must assume the costs associated with managing and repairing any environmental damage caused. This principle is designed to encourage companies to adopt more sustainable and environmentally-friendly practices.

In France, it was Law no. 75-633 of July 15, 1975, on waste disposal and the recovery of materials, which made waste producers responsible for waste up to the point of final treatment, even when they entrust it to a third party. Since then, French regulations have continued to expand with a number of requirements to ensure that everyone takes the precautions needed to manage waste properly, while protecting the environment and human health.

Forty years later, against a backdrop of natural resource shortages and the need to decarbonize human activities, Law no. 2015-992 of August 17, 2015 on the energy transition for green growth (commonly known as the "LTECV") introduced the principle of prevention, which involves reducing the amount of waste produced and/or its hazardousness by intervening in both the production and consumption patterns of products.

It's easy to see that the development of regulations promoting the transition to a circular economy and providing a framework for corporate social responsibility (CSR) reporting are having an impact on the practices of companies, whatever their activity. Every player in the waste management chain, from the production of a product that may one day become waste, to its actual disappearance through regeneration or elimination, is subject to a number of obligations set out in the French Environment Code and a multitude of complementary decrees whose scope is constantly evolving.

This article sets out to summarize the references and points of vigilance that will enable a company adopting a sustainable development strategy to meet all its obligations and adopt a proactive approach to managing its waste as effectively as possible, in a highly fluctuating context of systemic and technological change.