Legal, Financial and Fiscal Measures to Support the Collection Solutions of Biowaste in Portugal

Legal, Financial and Fiscal Measures to Support the Collection Solutions of Biowaste in Portugal

Copyright: © 2023 |Pages: 23
DOI: 10.4018/978-1-6684-8592-7.ch009
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Abstract

The Portuguese Decree-Law No. 102-D/2020, of December 10 (PCM, 2020b), dictates the implementation of biowaste selective collection networks or the separation and recycling of biowaste at the source until December 31, 2023. This chapter aims to analyze the financial support provided to municipalities (local authorities) for implementing biowaste collection solutions, such as on public roads or through door-to-door collection, and to citizens for adopting biowaste separation and recycling practices through domestic or community composting. The authors also explore the application of the polluter-pays principle, which requires citizens to pay environmental taxes and fees to support sustainable development. Regarding this focus, the chapter highlights the legal, financial, and fiscal measures used to support biowaste collection and recycling efforts in Portugal, providing insight into the steps needed to achieve a sustainable environment while addressing the economic and social needs of the population.
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Introduction

Climate change is an undeniable reality already affecting all regions of the Earth with profound impacts on the environment and socio-economic activities. Human activity is the primary cause, leading to biodiversity loss and a general increase in pollution, releasing large amounts of greenhouse gases (GHGs) into the atmosphere, such as carbon dioxide (CO2), methane (CH4), and nitrous oxide (N2O), which contribute to climate change (EPA, 2023). Thus, addressing climate change requires a multifaceted approach (Hawken, 2017; Fazey et al., 2018; IPCC, 2019) that involves reducing emissions, protecting and restoring ecosystems, and transitioning towards more sustainable economic models.

In response to these issues, the European Commission presented the “European Green Deal”, COM(2019) 640 final, of December 11. This agreement aims to shape the European Union’s (EU) growth policy for the coming years, to achieve carbon neutrality by 2050 through the “European Climate Law”, which ensures that all EU policies contribute to achieving net-zero GHG emissions, mainly by reducing emissions, investing in green technologies, and protecting the natural environment. The cost of carbon is internalized into the economy by incorporating it into the final price of the products (Weitzman, 2015; Baranzini et al., 2017; Trinks et al., 2022).

Similarly, the “Circular Economy Action Plan”, approved by COM(2020) 98 final of March 3, aims to promote the development of a more sustainable production and consumption system to pursue carbon neutrality and biodiversity conservation. More than half of the emissions produced worldwide, over 90% of biodiversity loss, and hydrological stress are related to the extraction and processing of raw natural resources. In this context, waste prevention and recycling are among the top priorities, with ambitious recycling targets and an emphasis on avoiding waste production, seeking that in the production processes, secondary raw materials can replace the extractive raw materials, particularly in sectors such as textiles, construction, electronics, and plastics.

Like other Western European countries, such as Spain, France and Italy, Portugal aims to increase the sorting and recycling of solid waste to reduce the amount of waste sent to incineration or landfill. As of 2021, biowaste collection in mainland Portugal accounted for 37.42% of total municipal waste collected, with a significant proportion (45.48%) in undifferentiated waste and a smaller proportion (7.86%) in the selective collection (APA, 2022a). In contrast, the EU has set a target of at least 65% recycling of solid waste for households (Dijkgraaf & Gradus, 2016). By separating biowaste, Portugal can remove the main component responsible for GHG emissions and leach from landfills, maximizing its potential for high-quality recycling and increasing the use of high-quality secondary raw materials, thus enabling a more circular economy (Rodrigues et al., 2022).

Key Terms in this Chapter

Separation and Recycling at the Source of Biowaste: Refers to the practice of separating organic waste, such as food scraps and yard waste, from other types of waste at the point of generation. This can be done through measures such as domestic or community composting, local recycling solutions, or selective collection for transport to recycling facilities, such as composting and anaerobic digestion facilities. The purpose of this practice is to prevent biowaste from being mixed with other waste streams, particularly the organic fraction of unsorted waste, and to promote sustainable waste management practices.

Green Taxation: A policy tool used by governments to promote sustainable behavior by imposing taxes and fees on activities that pollute and degrade the environment. The goal of green taxation is to incentivize individuals and organizations to reduce their environmental impact by penalizing those who engage in unsustainable practices and rewarding those who adopt more sustainable behaviors. Green taxes and fees can take various forms, such as taxes on carbon emissions, fees for the disposal of hazardous waste, or taxes on plastic bags. The revenue generated from these taxes and fees can be used to environment fund programs and incentives.

Waste: Any material or substance that is left over from human and animal activities or from productive processes. This can include organic matter, such as food waste and agricultural residues, as well as domestic waste, industrial effluents, and gases released in industrial processes or by engines. Waste is often classified according to its source or characteristics, such as hazardous waste, municipal solid waste, or electronic waste.

Anaerobic Decomposition: This is a natural process that takes place in environments absent of oxygen, such as waterlogged soils or anaerobic organic waste treatment systems. During biochemical reactions, anaerobic microorganisms, including bacteria and archaea, break down complex organic matter into simpler compounds, such as methane, carbon dioxide, hydrogen sulfide, and organic acids. Anaerobic decomposition is an essential ecological process that helps to break down organic matter and recycle nutrients, but it can also produce harmful byproducts such as methane and hydrogen sulfide.

Sustainable Environment: The responsible management and use of natural resources in a way that ensures their preservation and promotes ecological balance for the benefit of both current and future generations. It is a critical component of sustainable development, that requires a multifaceted approach to balance economic, social, and environmental concerns and to emphasize the importance of reducing waste and pollution, promoting renewable energy sources, conserving biodiversity, and minimizing the negative impact of human activities on the planet.

Biowaste: Refers to any biodegradable waste material that can be decomposed through either anaerobic or aerobic processes. This type of waste can include food and kitchen waste from homes, restaurants, canteens, catering, and retail units, as well as similar waste from food processing plants. Biowaste can also include yard waste such as leaves, grass, and branches from gardens and parks. Biowaste is typically managed through composting, anaerobic digestion, or other similar processes, which can produce useful end-products such as fertilizer, biogas, or soil amendment.

Selective Collection of Biowaste: This is a waste management practice that involves the separation and collection of organic and biological waste, such as food waste and garden and park waste, at the source of generation. This waste is then treated through various processes, such as composting or anaerobic digestion, to produce organic compost that can be used as a soil amendment in agriculture and/or energetic valorization. The selective collection of biowaste reduces the amount of waste sent to landfills, which helps to reduce greenhouse gas emissions and promote sustainable waste management practices, enhancing the circular economy models.

Polluter-Pays Principle: An environmental policy principle that holds that those who cause pollution or environmental damage should bear the costs associated with preventing, controlling, and remedying that pollution or damage. Under this principle, polluters are held financially responsible for the environmental harm they cause, and the cost of measures taken to prevent and mitigate such harm. This principle serves as a powerful incentive for polluters to avoid environmental damage and encourages them to adopt sustainable practices. By holding polluters accountable for the costs of their actions, the polluter-pays principle helps to shift the burden of environmental damage from society to those who are responsible for causing it.

Aerobic Decomposition: This is a natural process that occurs in the presence of oxygen and is facilitated by aerobic microorganisms, including bacteria and fungi. During this process, organic matter is broken down into simpler compounds such as water, and carbon dioxide, and nutrients such as nitrogen and phosphorus. This decomposition process converts organic matter into energy and biomass. The byproducts of this process are beneficial to the environment as they can enrich the soil and facilitate plant growth.

Circular Economy: An innovative production and consumption model that promotes the principles of sharing, renting, reusing, repairing, renovating, and recycling existing materials and products. Its main goal is to prolong the life cycle of products, optimizing resource utilization, reducing extraction, promoting reuse, and enhancing overall efficiency. By adopting this approach, we can foster sustainability and minimize waste generation, leading to a more environmentally conscious and economically viable system.

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