TRANSITION AND IMPLEMENTATION OF WASTE MANAGEMENT POLICIES IN CENTRAL AND EASTERN EUROPE
STEPHEN R. WASSERSUG
Program Manager, Regional Environmental Center, Miklós tér 1, 1035 Budapest, Hungary
SUMMARY
Significant economic and environmental transition is taking place in the former Socialist Countries of Central and Eastern Europe. Environmental consequences are evident, but remedies are complex. This paper focuses on the problems of improper waste management and provides information on developing and implementing a successful waste management strategy for those countries in transition. While the problems are somewhat unique to the region because of recent past history, many policy and technical remedies experienced by Western countries may be appropriate and are discussed. In particular, significant attention is given to developing strategies which emphasize implementation. Implementation measures include compliance, enforcement, legislation, broad public participation and education measures. Pressure exists to act quickly on various waste problems. Although available information is limited, inaction is not an option. Waste management decisions have a significant impact upon the vital economic transition of that Region, and must be considered jointly. Expectations should be reasonable, yet comprehensive. Programs for each Nation must consider current and future needs. Various options are presented.
1 INTRODUCTION TO THE REGION
This meeting provides an excellent opportunity to share experiences since new WASTE MANAGEMENT policies are quickly evolving in Eastern Europe. Enforcement requirements will play a vital role in successful environmental transition. Implementing waste management policies and programs is impossible without considering compliance and enforcement provisions. On paper, Governments can adopt many environmental waste management initiatives. But to be successful, waste management programs MUST be embraced with practical and comprehensive approaches, and must receive Government and community wide endorsement, and financial support. Regional countries have already experienced disappointment in meeting sound waste management objectives; not necessarily because of a lack of laws, but partly because the proper elements to implement and enforce the laws were lacking. Further, in the Regional countries, industrialization focused almost entirely on output - number of products, often without regard to quality or environment. Waste generation per unit of GDP resulted in high waste volume. For example, the U.S. volume based on GDP was about 20% of Hungary's; Germany's (former West) about 10% of Hungary's; and Austria's less than 10% of Hungary's waste/GDP. Industry was inefficient, and most remain inefficient. Significant restructuring is necessary to solve the problem and must be an available option in development of an enforcement policy for waste management. However, the countries in the region are also quite different. For example, in the former Yugoslavia, waste problems are unique and priorities are naturally different because of the war and other changes. Some areas face the need to deal with wastes from war reconstruction. Other emerging countries of Yugoslavia (e.g. Croatia, Slovenia), are faced with building an entire environmental infrastructure, and contending with new borders that suddenly restrict wastes and allow for almost no disposal options. This presentation provides options and experiences for implementing effective waste management programs, while recognizing that the former Socialist countries face a variety of problems, and require a variety of options.
2 POLICY CONSIDERATIONS DURING TRANSITION
Waste management is increasingly at the heart of environmental-economic policy discussions. Three important goals are integral in policy discussions.
a successful transition to a market economy;
cost-effective environmental improvement; and
prevention of new and costly environmental problems
To meet the three goals, here are five waste management objectives that should be met by the Regional countries.
the need to deal with problems from improper historic waste practices, and the related past liabilities that remain - who will absorb these costs?
the need to plan for environmentally sound and cost-effective options for currently produced wastes;
the need to develop legislative certainty to successfully manage new wastes and to define future costs;
the need to encourage state-of-the-art waste management facilities;
the need to encourage waste prevention or recycling alternatives in conjunction with promoting the necessary Legislative and Economic tools, and discouraging alternatives which undermine those practices.
At this time, waste management issues are controversial and sometimes confrontational. Should this facility or technology be approved, and on this site? Do we need it? Why? What effective alternatives do we have? What alternatives meet short term objectives, yet are compatible with long term needs? Can we assure the safety and health of people affected by our decisions? Is the information adequate to decide these questions? If not, do we wait to make the decision? If I enforce against this violator, what impact or consequences will occur? What is really known about a particular waste, and its effects? Extreme pressure either now, or soon will exist, to make important waste management decisions, to answer these and other questions. Often, those decisions will have economic and compliance consequences. Unfortunately, required information is limited, data is often unreliable, and the pressures for achieving economic development and environmental results overwhelming.
3 EARLY WESTERN EXPERIENCES
Waste problems of the Region are not so different from those of Western countries. Only in the past 15 years have Western governments begun to systematically address the waste problems. Early environmental remedies included end-of-the-pipe technology. Such remedies often discouraged facilities from developing non-waste producing technologies. Examples include: waste streams were often collected and concentrated, only to return to the environment at other locations, and transferred to other medium (e.g. air to water to soil); recycling was sometimes a sham, designed to find inexpensive remedies for the facility; poor recycling and treatment practices, improper handling and storage of wastes, and faulty landfills and incinerators resulted in significant risks. The impact of poor waste management practices became widespread and many people lost faith in the regulatory process designed to protect them. The industrial sector was blamed both for causing the problem, and for failing to develop prompt reliable solutions. It would be too simple to say the problem was merely lax enforcement. It was also the case where adequate policy considerations, adequate information, and technological understanding were lacking. With limited resources in regulatory agencies to adequately investigate problems, and with a lack of adequate information, cost ineffective options were chosen. The full cost of these mistakes has been extremely high in terms of health, environment, and financial remediation. Past experiences provide a valuable learning opportunity, and effort must be made to share this information quickly.
4 INFORMATION IS CRITICAL
Today, we have information which enables better decision-making by managers. Science and technology allow us to discover pollutants at very low levels in soil and groundwater; often, below our ability to explain the effects. Research has given us a better understanding of health and environmental impact. Today, there are far more technological options to solve problems. However, new technology may embrace significant problems as well. It is necessary that we carefully evaluate the apparent environmental solutions to determine if there are hidden future waste problems.
Compliance and enforcement require a comprehensive information process; from generation of waste to ultimate disposal; from cradle to grave. While information in the Regional countries may be lacking, decisions must be made. Information on waste quantities, qualities, sources, etc. must be gathered to develop an effective waste management strategy. Recognition of data problems exists, but severe understaffing of Ministries in the Regional countries does not provide the timely opportunity to gather, and assimilate the information needed to develop a strategy. Adequate trained staff are vital for effective implementation.
5 WHY ENFORCEMENT?
5.1 Introduction of Guiding Principles
Solutions to waste problems are often costly, and therefore do not lead to voluntary compliance. This means that good strategic planning and implementation principles become even more important. The integrity of Government is enhanced where there is successful implementation. Unsuccessful implementation leads to loss of credibility for everyone, especially, government and industry. To be successful, compliance programs must be based on sound principles and benefits. Compliance in waste management can often have hidden benefits which result in unforeseen economic savings to the facility. When the enforcement pressure becomes significant, the facility seeks alternatives. Process changes are sometimes chosen as a compliance method, resulting in waste stream elimination and beneficial product loss reduction. This choice can enhance company competitiveness and profits.
All Regional countries are developing some forms of waste management legislation. Some are further along than others. Many countries are receiving direct legal assistance in development of this legislation. In one country, a new waste law has emerged, but it may be difficult to implement for the following reasons: massive recycling requirements without an existing private sector to process materials and develop markets may impede progress; industry in the country is still very much government owned, thereby insulated from market pressures and possibly compliance and enforcement; experience with environmental implementation is limited, and the Government commitment is questionable given economic pressures. These factors may undermine emerging citizen trust in new Governments if implementation is not effective. But it is an example of one country which has forged ahead and established an important waste management effort. It is clear that what is critical to this effort, is an education program for citizens and facilities, and resources and programs to encourage development of safe waste disposal facilities. Indeed, predictability and enforceability of waste management laws may be as important as the content. Again, it is necessary that the information learned from these efforts be shared quickly. Success can breed success in the Regional countries, and it is in everyone's interest to identify problems and solutions early.
Current economic conditions will make enforcement of waste laws difficult. However, there are thirteen enforcement related areas which are identified for consideration. Addressing these areas and recognizing their potential impact early on in the process, should make implementation of waste management strategies more effective.
5.2 Penalties
The current limited penalty and fine structure available to enforcers in the Regional countries needs to be changed. However, even then, fines and shutdowns may conflict with sensitive national priorities such as market reform. Therefore, regulations for waste management must be fair and practical. Penalties must have impact containing clear financial disincentives for non-compliance, and punitive measures for willful violations. There is no greater disincentive than jail terms for willful violators; especially when top management is responsible and is punished. At the same time, economic incentives to comply, and strict but flexible standards are necessary.
5.3 Enforcement Fairness
Any enforcement program must treat both domestic and foreign investors equally. Effective options are important, and fair competition will encourage new investors. Necessary adjustments can be defined as discussed under 5.3 Compliance Schedules.
5.4 Compliance Schedules
One helpful tool used by the West, especially for economically strapped facilities, is to establish compliance schedules. These schedules consider:
that practical barriers be taken into consideration to achieve environmental objectives, and an agreed upon plan of action, with interim milestones, be developed.
that when developing a schedule, considerations include: facilities unique problems and priorities be evaluated; risks of further non-compliance be weighed; low cost or low technology methods be applied in the interim to the highest risk areas; a comprehensive plan and reporting schedule with both self-audits and inspections be developed; and schedules consider controls which eliminate or reduce waste streams. Longer term environmental and cost-effective options are important if waste streams can be eliminated or reduced.
that communities affected be involved early and often in this decision, with information provided freely.
that measurement of success - what constitutes compliance from non-compliance-be carefully identified in the schedule. This should include specific standards of reduction, minimization of waste, effluent standards, schedules for equipment installation, etc with penalties for unexcused failure.
that for the regulator, it is resource intensive to periodically review progress. Nevertheless, compliance, or at least major environmental improvements are often the result if reviews are adequate. When the information is routinely provided to the community, an important trust begins to build between diverse interest groups. After all, everyone has something at stake.
5.5 Harmonization of Laws and Enforcement
In this developing period, those countries in the Region behind in implementation will be vulnerable to improper waste disposal practices. Many facilities needing to dispose of wastes will seek out opportunists wishing to make fast money. This serious situation can have increasing long term devastating effects for countries that lag behind as regulations in Western countries, and in the Region tighten-up. Actually, unimplementable or non-comprehensive laws and policies in the Countries of the Region provides an opportunity for harmonization of laws and policies which result in the implementation of regional cost effective solutions to waste management; both between and within the countries.
5.6 Privatization
Only a small percentage of the waste generating manufacturing sector has been privatized. The privatizing difficulty is confronted with several enforcement waste related issues. Without sufficient environmental information and appropriate laws, how can the potential investor define its liability? How can the investor be offered waste disposal options if there are no available options or strategies demonstrating that one will soon exist? How can the States define their national waste strategy, when many active waste generating facilities might close due to market forces? How does one adequately calculate the current waste stream disposal needs when the problem is so dynamic? If new facilities for disposal are constructed (e.g. landfills, incinerators), how can they encourage prevention and minimization in this era of uncertainty, instead of excess capacity for importing waste? The questions are difficult, but the Environmental Ministries with Western assistance are attempting to confront them, develop interim solutions, and secure necessary implementation and compliance. Of course, international lending institutions also have a responsibility when providing loans to confront these questions; not only to provide for the economic development, but also the long term environmental interests as well. Those interests play an important role in the long term health of the economy. As these issues are resolved, the enforcement process for waste management will become more clear.
5.7 Permit Process Approach
An effective Permit Process is critical to monitor performance of operating waste disposal and other facilities having significant waste streams. Public involvement, environmental assessment review, and excellent technological skills are required by the responsible regulatory agency. States must consider that high salaries may be necessary to retain this type of staff. The assessment should review all aspects including those relating to the facility, off-sight potential impacts, and waste transportation related issues. Modern hazardous waste operations are complex engineering and scientific facilities. Reviews of the facility plans, process, safety systems, report procedures, adequacy of trained operators, analytical facilities, waste controls, etc are critical. Experienced people with specific skills and qualifications are required by government to ensure that the process is permitted correctly, audits and inspections are conducted, and expertise is available for compliance-enforcement issues. If this part of the waste management scheme is not addressed in facility planning, failure to implement effective options might result. These requirements must be met regardless of whether one considers waste treatment or storage, incinerators, landfills, site remediation, or redesign of existing facilities. When developing appropriate permit requirements, consider that permit fees could be levied upon the investor to support the regulatory process. A strong enforcement agency is also a good investment for the waste facility. The broader the environmental enforcement nation-wide, the more potential for both pollution prevention and disposal at the well permitted facility.
5.8 Private Sector Involvement
In the West, some of the success for hazardous waste management depends upon the existence of a private sector that makes its profits from handling and managing wastes. They have an economic incentive to dispose of wastes as economically and practically as possible. Often, as enforcement of these regulations grows, so do the respectable businesses; important options in the waste management strategy. The bad actors drop out of the business; either through enforcement, or loss of business. They cannot compete legitimately. In the countries of the Region, the State probably manages over 90% of the hazardous wastes because industry is not yet privatized. Companies were, and generally still are insulated from market pressures. They may receive state subsidies and are therefore insulated from real environmental enforcement that serves as a disincentive NOT to pollute. Further, communication between facility management and environmental personnel regarding compliance has been quite weak. These two important elements, privatization and communication, are necessary for compliance success. This issue has also been difficult in the United States when dealing with Federal Facilities, which are owned by the Government. But waste laws cannot shield these major facilities from compliance. Figure 1 depicts the importance that four pressures (market, consumer, political, legislation) have upon business. The benefits of compliance are extremely positive, non-compliance is quite negative to business. Successful regulatory implementation is required to make this process happen.
Figure 1
5.9 Achieving Voluntary Compliance
Voluntary compliance makes up a significant part of achieving environmental goals. Voluntary action is rare when compliance costs are high, benefits of compliance are not known, incentives to comply are lacking, and when a strong regulatory program is absent. Facilities in the Region will soon compete with others for delivering products at competitive prices. Why should one industry add costs if the competitor does not? Clearly, Ministries cannot enforce against all facilities not in compliance. By carefully selecting targets and educating, voluntary compliance can be significantly enhanced. Economic incentives and recognition to facilities doing a good job will also enhance the voluntary process. Currently, in the absence of laws or with the impracticality of enforcing outmoded laws of the former Socialist countries, there is the hope that EC, US, or other advanced standards might become self-promoting or voluntary by responsible facilities privatizing.
5.10 Pressure from the Private Sector
Private interests have identified waste disposal market potential in the Region. Western needs have created a desire to construct landfills and incinerators in the Regional countries. This may be both good and bad news. This could help solve existing and historical waste problems using best available technologies. However, the need for hard currency and jobs are obvious and subtle pressures exist upon decision-makers to allow facilities. These facilities would often include excess capacity provisions for disposal of waste from outside the region and to provide for growing needs for the new developers. Co-generation of energy is sometimes offered as a way to improve the financial opportunity for the investor. The excess capacity provided by a state-of-the-art facility may be especially important to potential Western investors wishing to reduce potential liabilities caused by future mishandling, the accompanying negative publicity that it might cause, and reduce insurance costs. Existing outdated waste facilities that are not viable, and cannot be upgraded justifiably in a cost-effective manner will close more quickly; especially when compliance is required enhancing market system forces. However, it is not that simple. There is a dilemma. What options to select, and what is the process for making that choice? Will the new facilities solve problems in the short term, but merely delay waste prevention alternatives from facilities? Carefully planned approaches, citizen input, and a nationwide strategic plan with broad regional considerations, will provide the necessary steps for implementing a process of decision-making.
5.11 Personnel Requirements
The regulatory implementor in the waste management field must be technologically and legally astute to understand all the subtle environmental relationships. As a matter of education in waste management, working terms for reduce, reuse, recycle, reclamation, recovery, etc. must be understood before one can consider the proper implementation option. A good regulatory program is synonymous with good people. Training and educating does not end at the staff level. All players in the process need to be educated, including Lawmakers, Judges, the Press, etc. Solving the air pollution problem by capturing a waste which will then contaminate soil and groundwater is not a solution. This requires that staff from different Ministries work together under a common strategy, or set of principles.
5.12 Integrated Regulatory Principles
A waste management strategy is designed to improve safety and environmental quality; to meet both short and long term goals. The strategy must incorporate all related complementary programs for pesticides policy; toxic chemicals control; hazard materials transport; water and air pollution control; solid waste management; and accident prevention and response. The more one tightens any one policy, the more impact on waste and ultimately on problems at disposal sites with complications in the enforcement process. Strategies in each country should reflect the differences of infrastructure, timing, and priorities. While strict enforcement requirements are important, flexibility to select the optimal environmental option is necessary to promote holistic (integrated) waste management approaches best for the whole environment. Decisionmakers from different Ministries and Local Governments must work together to address issues which may undermine a national waste management strategy.
5.13 Critical Public Involvement
Unfortunately, there is no easy answer to implementing sound waste management practices. Different people have quite different views of the issues. Public opposition to most any facility can be anticipated, as some of you already know. The public generally trusts neither the government, nor the facility or its owner. While the Regional countries wish to solve their waste problems, the problems are often not well defined. Citizens do not believe that there is an existing program to ensure compliance and availability of public information is limited, even today. Access to environmental information has become an important element in the West over time. Passage of the Environmental Protection and Community Right to Know Act in the United States, has revealed to the public all facility waste streams, and resulted in substantial voluntary reductions. These reduction amounts may total amounts as significant as those that resulted from many other U.S. pieces of environmental legislation. Government regulators who failed to provide information sometimes learned the hard way why it was necessary. Many regulators exhibit scars from not addressing public involvement and information access in creating waste management strategies. To repeat: building trust with the citizenry and all Government levels requires creation of a proper short and long term strategy focusing on waste prevention, that has early and frequent citizen input in the design and recommendations. Providing excess capacity where there may be no need for such capacity only further alarms citizens, and may encourage waste production and not prevention, if not carefully addressed. Therefore, the strategy must be supported with excellent waste generation documentation (present and future). Information gathered by facilities and Governments to define environmental impact, should be routinely required and freely available to the public. Informed citizenry would result in pressure upon facilities to act where reliable data warrants such action. Informed citizenry will serve to fortify the Environmental Ministries, increased resources for all levels of Government agencies to implement the necessary compliance, and a much improved strategy overall. Lastly, communications between all the diverse interest groups should take place frequently and informally in developing the plan and individual compliance strategies, not wait until it reaches the stage of last resort - often the courtroom. Figure 2 demonstrates the importance and aspects affecting environmental awareness, impact upon business, legislation, and enforcement.
Figure 2
5.14 Direct Citizen Impact
An excellent example of citizen involvement in enforcement in Eastern Europe is best summed up in the article from The Wall Street Journal of April 8, 1992.
The headline: ENVIRONMENTAL GROUPS IN EASTERN EUROPE FLEX THEIR MUSCLES - THREAT OF A CLASS-ACTION SUIT IN HUNGARY SHOWS THE RISE OF A NEW SORT OF POLITICS.
In this example, which is common in the West, some environmentalists are learning how to apply pressure through lawyers and scientists against neglected environmental problems; to recover damages from past contamination of lead and other heavy metals in soil, and groundwater affecting nearby residents. Although the current laws and costs to litigate in the region will probably not support many such actions, only a few well publicized activities like this will send concern to those who might be less scrupulous. This action by a well informed and involved environmental organization will not discourage the responsible investor. In fact, as mentioned the responsible investor is waiting for appropriate enforceable regulations and an aware citizenry. Moreover, strong regulations open markets for pollution control manufacturers and the talented technicians of the region. Most importantly, such suits from citizens or Government, involving old waste sites, will make present company managing directors and investors take notice of their responsibility. For the manager, he does not want to be cited for neglect nor be a cause for health and environmental impact in his community, upon his neighbor. For the investor, he must consider the future. Failure to eliminate the waste stream or prevent pollution to the maximum extent practicable, only subjects the company to future liability situations. Obtaining development investments, and buying environmental impairment liability insurance has become a nightmare worldwide. Perhaps, even more significant is the fact that responsible international companies pay a significant amount of money for good public relations and advertising. They do not wish to see their product, or company reputation undermined by lack of attention to requirements.
In summary, there is no single waste management blueprint for the region or for any one country. In that context, any environmental policy, especially waste and enforcement, must focus on manageable, high priority, cost-effective approaches. Thirteen issues have been identified for your consideration. Figures 3 and 3a provide a comprehensive summary or checklist of other short and long-term factors that potentially impact the development and implementation a successful waste management strategy in this transitional period. This does not imply that all must be addressed immediately for success. Merely, that they be recognized, and that each Country consider those most important at the time of their strategic planning process.
6 CURRENT ORGANIZATIONAL ISSUES
6.1 Import Pressures
Waste management strategies of the Regional Countries must consider international implications. Waste fears in the region mount when reports in the press reveal that waste shipments from the West are arriving in the Region. Strong enforcement measures in one part of Europe must be matched with similar measures in the Region. Recent new waste laws and their implementation in the West will cause increases in Western disposal costs. Boundaries are now more accessible here, and the necessary legislative structure to protect the environment is either not in place, too difficult to enforce, or too few resources are available for implementation. It is feared that some of the Western waste shipments may be designed to take advantage of the economic situation here creating opportunities for needed hard currency. If the illegal risk taking reveal minimal chance for prosecution, or penalties well below profit potential, the opportunity for unscrupulous waste handlers is obvious. Pressure will continue to mount to transport waste to the Region as: Western waste disposal options are reduced; markets for recyclable materials are diminished; public opposition mounts against disposal options in the West; fewer options mean more cost for disposal; the most concentrated and toxic wastes remain because of limited disposal alternatives; and, rigorous time consuming permit procedures slow development of new important options in the West. Without laws or programs to adequately prevent, or effectively deal with such waste imports, there is little wonder why the Region is attractive. Regional Local Governments are also under pressure to make decisions which may undermine national policies, and could cause international problems. Therefore, harmonizing waste management laws and procedures within and between countries, and at all Government levels, is crucial.
Figure 3. Framework for Waste Management COMPLIANCE CONSIDERATIONS
effective waste programs depends on a variety of actions and measures, not a single regulatory or technical approach successful programs must be both cooperative and coercive and rely on the regulator, waste generator, disposal company and others for information and support implementation and enforcement must be practical and educational, within current or prospective limits of government capability compliance of waste management laws is only effective if the Company Management takes notice; especially if their personal liability or reputation is at stake enforcement approaches, priorities, monitoring, and infrastructure development requires a cradle to grave approach from the generation to ultimate disposal where it makes sense take immediate and appropriate actions to move forward the waste management strategy; consider interim facilities to provide temporary solutions commence a comprehensive training process to include investigative/enforcement techniques (field citations, administrative, and judicial action) combine the carrot and stick; while legislating and enforcing, support viable treatment or storage alternatives, waste exchanges, information transfer, and programs that enhance waste minimization correspondingly place minimization controls and incentives to minimize waste under air and Water Pollution laws as a way to impact waste reduction establish an award scheme for waste abatement, clean technologies, and products to those waste generators who lead by example and advertise the success stories apply interim measures to include a real reduction in risk, measure the success and make information freely available establish a practical implementation procedure for National border disputes assure that interim waste management approaches consider firm deadlines, allow for later recovery of segregated wastes, does not eliminate further site use, and has appropriate record-keeping and strict operational controls develop mechanisms for imaginative implementation of laws; (e.g. can current EC policies for environment and economic competitive advantage, affecting Associate Member States be used to further environmental objectives RESOURCE DEVELOPMENT CONSIDERATIONS
build measures gradually as capabilities and resources increase, with more progressive strategies developed and implementation
ECONOMIC CONSIDERATIONS
find economic incentives to encourage preventers, discourage polluters and influence competitiveness promote Best Available Technology without excessive cost establish a co-operative waste exchange with a suitable industry or association; someone's waste may be another's raw material; monitor the option closely provide an incentive system where retrofit of older equipment attracts a subsidy require separation of potentially hazardous wastes to avoid incineration and land disposal; in conjunction, consider imposition of costs/fees (deposit refund system) for the packaging (e.g. cans, batteries, vehicles exchange experiences in the region; it will lead to a more coherent implementation of programs; establish a scientific/policy exchange that will meet and exchange views/experiences obtain all appropriate quality assured information, and environmental data to set cost-effective priorities for legal and enforcement options Recent experiences in Bulgaria and Rumania, and previous ones in Poland are examples of the pressures to import waste into the Regional countries. The countries are attempting to respond. For example, this past June the Government of Rumania proclaimed in a policy decision document a number of prescriptive requirements relating to waste import requirements. Whether or not the Governments have the necessary resources to routinely monitor and enforce all the provisions is critical.
Figure 3a Framework for Waste Management INFORMATION CONSIDERATIONS
learn about the local situation; past damages, exchange all available data, understand industrial processes, and obtain inventories of chemicals used, manufactured, or imported survey generators and disposal outlets; quantify and identify wastes prepare (training) parliamentarians and the court to face the waste management challenges PUBLIC AWARENESS CONSIDERATIONS
public support is critical; invest in awareness raising and training promptly respond to complaints by citizens and provide follow-up; trust enhances the opportunity to implement plans develop fact sheets for involved constituencies about wastes, technology, issues, requirements, minimization, import/export, etc develop model curbside pick-up programs for limited marketable solid wastes to create recycling markets Inform the public early and ensure its participation in the decision making process to encourage implementation of appropriate waste management decisions PLANNING CONSIDERATIONS
encourage and promote treatment of communal waste for regional areas; leads to results that are easier to enforce and manage and are more cost effective build waste management and existing prevention considerations into development planning understand regional and global interdependence of waste issues leading to a holistic and integrated environmental (air, water, waste) approach towards solutions define potential/actual high risk facilities; develop specific strategies TECHNICAL CONSIDERATIONS
begin to eliminate co-disposal of non-solid wastes consider solidification of selected wastes prior to landfill disposal consider off-site treatment of some chemical wastes (e.g. electroplating, textiles) limit co-incineration of combustible oily wastes, pesticides or similar materials in cement kilns and only under controlled conditions export special wastes (e.g. Polychlorinated Biphenyls) to specially designed incinerators following all requirements and monitor results consider entombment of non-treatable toxics secure storage of special materials currently not readily disposable which have high risk potential (e.g. batteries) provide and allow for alternative solutions give adequate attention to small business facilities who may have acute problems with potential high risk impact; includes storage of chemicals 6.2 Support from Outside the Region
Western industrialized countries recognize that there is a burden on them to provide the legal structure to prevent exploitation of waste shipments to the region. The European Community's Waste Directive promotes the principles of self-sufficiency and proximity in waste disposal, requiring management of the wastes near the point of generation. This EC effort is also supported by a hazardous waste Transport Directive to deal with requirements of international transport and associated risks. Much international focus has come from The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes. Disposal requires prior informed consent before waste can be shipped to a receiving country. If countries can provide proper treatment, transport is restricted. However, monitoring compliance and enforcement by both the sender and recipient countries is crucial. This process is only a first step; more needs to be done, including extending the scope and application of agreements to achieve more comprehensive actions to control waste. Some countries, like Bulgaria, used the Basel Convention as the basis to draft its Waste Law.
6.3 International Assistance
Western Governments are supportive in determining the extent of the waste problem in this region, and providing solutions. Recent strategies from the European Community include studies on waste management in Poland, Hungary, and the CSFR. Application of the proximity principle, and clean technology options are also part of the overall strategy. When these efforts are completed, important information relative to developing waste management strategies for the region will be available. USEPA has provided direct support to review specific soil contamination problems caused by past waste management practices. Risk assessment reports have been completed which will serve as model approaches for similar problems. Similarly, visits to cities experiencing waste management problems have been made and guidance given to establish appropriate cost-effective manageable strategies. Lastly, through the efforts of the Regional Environmental Center in Budapest, a number of grants have been awarded to support waste management project initiatives. Other activities of the Center include: support in the development of both framework and waste management legislation through a legislative task force: support for relative workshops on waste management bringing together the diverse constituency groups, and undertaking projects for different constituency groups to serve as models for solutions. The Center's information network and resources serve as an important clearinghouse to provide support within the region, and identifies available resources where solutions and contacts may be appropriate. Another important initiative that may affect waste management and enforcement efforts includes an extensive program by the EBRD to review all legislation in the Region and determine areas and problems related to harmonization.
Sixty-seven Contracting Parties to the London Dumping Convention supported a Global Waste Survey. Although primarily dealing with eliminating the disposal of wastes at sea, information was gathered in a broader context to eliminate and minimize waste. Goals included: manual of sound waste management practices and clean technologies; waste profiles by country; development of several management plans; and promotion of international cooperation on waste. While the U.N. International Maritime Organization is responsible for this effort, other international organizations and States are supporting this and similar efforts. A compendium providing a clearinghouse of all these opportunities will soon be available. Other institutes have compiled excellent industrial waste minimization or training manuals as noted in the references. One new draft waste assessment procedure is also found in the Reference List.
One very useful output of the Global Waste Survey is the graphical summary from a questionnaire to 153 countries. Results from 80 questionnaires reveal some interesting findings about the waste problem in the Regional countries compared to others. Findings included: existence of waste management regulations but lack of enforcement; the perceived seriousness of the problem; exports from the region are not a problem but imports are; lack of effective recycling facilities is apparent; and inadequate information to quantify waste production exists.
7 SOLID WASTE RESPONSIBILITIES
7.1 Observations
Most of the previous issues and policies discussed refer to the broad solid and hazardous waste management questions. Some issues may apply more to the hazardous waste situation; e.g. transport, uncertainty of quantities, and risk. However, given the fact that waste definitions are still not completely clarified, and waste disposal in landfills is often co-mingled (hazardous and solid), it is difficult to separate issues by definition alone. However, household and office waste problems, sometimes defined as solid waste, are significant. Landfills in most communities are at or near capacity. They are generally unlined, waste is co-disposed as mentioned, and groundwater contamination is frequent. Major recycling facilities are virtually non-existent, and waste streams are increasing. Personal experiences over two years reveal new packaging changes in the Regional countries, large increases of plastics and other heretofore non-existent waste. Discussions with soft drink manufacturers confirm that the demand for such packaging of 2 liter plastics is overwhelming supportive, if judged by purchase demand. Since Western markets are generally saturated for new packaging, and reductions are planned resulting from public pressure, new paper, can, and plastic opportunities are contemplated for this Region. Good habits ingrained in the culture, such as returning glass or paper are being lost to lightweight non-returnable plastics.
Specific observations over the past two years include:
soft drinks are now more often sold in cans and plastic containers, with costs for such products continuously decreasing as packaging plants are successfully established here
fewer returnable bottles for water, beer etc. are evident, fewer places to return them, and fewer people returning bottles evidenced by shorter lines
evolution of fast food restaurants and their resulting packaging wastes
frequent new packaging displays in markets
more plastic shopping bags available at check-out counters
Are these indicators of success or failure? Westernization has occurred, but with an accompanying environmental downside. To the consumer of the Region, attractive consumer goods are important, and convenience becomes increasingly important. Designing environmental programs must consider these values. Recycling was part of the culture because of resource limitations. Problems of waste management cannot be solved outside the context of society, culture, and experience of the people.
As one soft drink plastic supplier said to me: "it is far easier to carry shopping bags long distances up many stairs with lightweight plastic. It is much more difficult and costly here to design collection programs for separables (separate curbside collection), and apartment size does not leave much room for separation and storage." Financial resources are limited for separate collection systems. However, without such recycling efforts imposed by Government, the necessary private recycling facilities will not be built and markets for recyclable by-products will not materialize. Investors are not now guaranteed source and quantity necessary to satisfy the investment for recycling facilities.
7.2 Serious Effects from Improper Waste Disposal
Solid waste problems of today in the Regional countries may lead to more serious and costly consequences. Battery disposal is but one example that continues to concern many in the region. Without options or obvious solutions, disposal is haphazard. Few safe recycling disposal options exist in the Region, and some, like Metallochemia in Hungary, proved to be a major environmental hazard. However, interim implementable and enforceable solutions must be found. Even designating a secure site for containment, with a financial incentive for people to bring their batteries to the location, would allow for a simple viable option. However, interim options require education to insure that people do not feel cheated because final solutions are not provided. Not only will the interim option help save the environment in the long term, but the people will learn about the value of recycling potentially hazardous wastes and their potential impact if not handled properly. With storage of batteries concentrated at a place by regulatory requirement, properly monitored and permitted, future ultimate solutions become more cost-effective to a potential investor. The investor is guaranteed both a source of supply to recycle and a predictable quantity. This equation is important for those recycling any materials, and for both the recycler and source of the final recycled materials. Legal requirements with effective efforts, balanced by early education, insures that the equation will be implemented.
8 HISTORICALLY CONTAMINATED SITES
8.1 Background
Many of us are aware of the experiences in the West dealing with abandoned waste sites. Contamination over many years resulted in massive environmental impact. Major costly programs like Superfund in the United States evolved to identify, evaluate, and implement solutions to eliminate the wastes, and reduce the environmental impact and risk. What began as a limited effort, expecting to solve the problems in a short time, resulted in an underestimating of the problem, cost, solutions, and time required for remediation. Countries of this region are now awakening to a similar discovery. Problems caused by old abandoned facilities, mining, former military bases, municipal landfills are some of the thousands coming to public attention. While some countries have preliminary estimates of site numbers, it is too soon to evaluate the full extent of the magnitude of this waste problem.
8.2 Information Availability
There are differing reasons why sites are now drawing public attention. These include: information revealing contamination of water supplies; re-privatization of land to original owners as restitution with accompanying knowledge of environmental problems and required clean-up; information from environmental impact assessments required by privatization and by investors; and old audit or other information now becoming available from facilities or individuals. Data is more freely available. Regional countries have an important interest in taking action, for environmental, health, and economic reasons. Further, it is critical that in developing strategies for the historically created problems, we do not neglect the potential for new sites developing from existing poorly operating facilities. This includes facilities and landfills, the potential random dumping from lack of properly operating disposal sites, and improper storage of wastes or products.
8.3 Enforcement
Where does enforcement and compliance fit into this process? With regard to the historical abandoned sites, determining liability is a difficult issue. These facilities were generally owned by the Countries of the Region, or Government agencies, creating insulation from a general enforcement process. However, as these sites are privatized, liabilities will be established for both the old waste and potential new waste problems. To establish the liabilities, it is extremely important that evaluations of the environmental problems be made both on the site of the facility, as well as effects caused off-site (e.g. groundwater). In this way, any additional contamination caused by the new owner is clearly defined, liability can be assessed, and necessary compliance and enforcement remedies undertaken. Sometimes it may be in the interest of the States to have the investor assume liability for remediation for past historical waste problems, with a reduction in cost for the asset sale as an incentive. This is being done in some countries. In this case, an opportunity is provided for the Ministries to obtain resources for the clean-up when resources are otherwise unavailable. However, to assure that proper clean-up is attained, a compliance schedule (as mentioned previously) should be developed and carefully monitored. Of course, even where there is no agreement to clean-up past problems, intensive monitoring and comprehensive permitting of the facility will prevent future waste problems.
8.4 Experiences
In developing strategies for identification, assessment, containment and remediation, a great deal can be learned from Western experiences. Costly mistakes were made in both policy and technical areas in the West. But there are many successes as well in reduction of risks. Developing successful compliance agreements, appropriate technology, and adequate risk levels are some of the important areas ripe for technology. However, it is not a simple matter to transfer information or technology. Demands for clean-up, sociological/historical conditions, cultural values, and resource availability are quite different in countries worldwide. The waste sites are also different, although many fall into similar categories. Therefore, while fully understanding the procedures used by different countries, carefully tailored approaches are important. It is important to establish a program that: carefully identifies the problems; defines the risks; assigns National priorities; implements efforts to reduce immediate and major risks first; defines resource needs; establishes a legal/policy process; and continuously evaluates efforts making necessary programmatic modifications. As stated previously, Local Governments, citizen groups (NGOs) and residents impacted by sites MUST be involved continuously in the process to receive Government support, and to reach a successful outcome. Site reclamation may have a significant cost, but for some sites the highest cost is to do nothing. Financial costs are often recoverable when formerly unusable property can be sold, groundwater is fit to drink reducing risks to health, or surface water is restored to industrial process water quality or recreation use.
The Waste site clean-up program can be incorporated into a major legislative effort, or individual cases can be handled. There are merits to a combination of approaches, especially in the beginning where gathering experience and the need for flexibility are important. However, in any case a comprehensive Nationwide strategy is important to ensure that all relative Ministries are working together, Local Governments and citizens are involved and informed, investors understand their requirements, and to measure successes, define problems, and incorporate modifications. At the Regional Environmental Center, we have had the opportunity to provide some support for limited site evaluation, and outline a model site and National approach.
9 HUNGARY - PROBLEMS AND PROGRAMS
Background information on the Hungarian Waste program is provided to show relative problems, and initiatives to affect waste management strategies. Problems appear typical to those experienced by other countries of the region. The list provides an orientation for priority setting for compliance purposes.
For municipal waste, a complete database does not exist.
Current databases are based on incomplete information, and necessary improvements are under way.
About 2600 waste dumps exist in Hungary with 58 percent failing to conform with public health and environmental regulations.
Only 52 percent of households is linked to systematic waste collection, with figures varying between areas of the country.
The quantity of wastes produced compared to international levels is high while utilization (recycling ratio) is low.
The introduction of low waste producing technologies is just beginning
Only 3 % of total material use is recycled.
3.2 million of the total 5 million tons of hazardous wastes produced annually are stored on-site.
Of the remaining hazardous wastes, 2/3 are disposed of in lagoons or landfills.
Disposal for the other 1/3 is unknown except that only 10 % is treated to accepted standards.
Municipal waste dumping is common, but capacity is being exhausted, and 60 % of the dump sites do not satisfy environmental protection specifications.
Recent calculations demonstrate that a significant portion of the hazardous (dangerous) wastes are probably generated from untreated waste water; a significant portion going into public sewers; 146 million cubic meters is produced.
On site historical contamination of wastes is not fully understood. This is similar to some situations in the West. For some cases, like BVK, in Kazincbarcika or Metallochemia in Budapest as mentioned, contaminated soil and groundwater is evident and significant amounts of wastes and products are unaccounted for. Studies are under way for some sites, with priorities set for state owned companies under privatization, and former Soviet Bases.
New environmental waste management laws are in draft to "modernize waste management policy", but have been delayed in passage and therefore implementation. Older and less effective laws are in force. Many view this period as an opportunity to avoid some major mistakes of the West. A holistic environmental approach is being considered to avoid transference of environmental problems between media. If done properly, the result will be a more cost-effective approach for both the long and short term for Government and industry. The laws may be designed to force pollution prevention and cleaner technologies, as opposed to end-of-pipe control in this reconstruction period. However, a market economy must develop quickly and economic incentives are vital. As in many countries of the region, a legal restructuring may be necessary in Hungary to insure successful implementation; that compliance and enforcement measures will result. How does one build a system from the ground up to assure success? Some of the Western countries would love to have this opportunity considering the often incredible complex environmental laws and implementing process. However, in the countries of the Region, the process is complicated by the economic conditions, urgent demands to resolve and prevent new problems, and outright conflicting values.
9.1 Hungarian Environmental Strategy (Waste Management Priorities)
In December 1991, the Ministry for Environment and Regional Policy in Hungary issued a strategic plan outline entitled: THE SHORT AND MEDIUM TERM ENVIRONMENT PROTECTION PLAN OF THE GOVERNMENT. The objectives and tasks of this plan provide a needed and ambitious effort to address many of the issues presented in this paper.
Those principles related to waste and enforcement include:
PRINCIPLE OF ENFORCEMENT - prioritized the use of resources by risk;
PRINCIPLE OF THE PREVENTION - reduce pollution at the source;
PRINCIPLE OF PARTNERSHIP - governments and market participants;
PRINCIPLE OF "THE POLLUTER PAYS"- all polluters bear the responsibility for damage
To achieve the elements of the action program, some enforcement planned related steps include:
modifying present fines with system for use and load on the environment
implementing cost-effective system for both development and environmental improvement
strong enforcement
economic incentives for waste reduction and recycling
Some other observations regarding the Hungarian plan would include considerations for: compliance schedules; taxes on packaging for environmental reinvestment; immediate dissuasive penalties; strict monitoring and some elimination of untreatable waste imports; training and implementation of an investigative environmental team; holistic environmental assessments and application in privatization; low-waste low-cost technology implementation to reduce immediate risks; privatization agreements including low waste incentives; a complete national waste profile for priority setting and public awareness; waste disposal storage options for potentially high risk wastes with strong compliance incentives; public participation opportunities and free open access to information; opportunity for direct citizen suit; appropriate criminal actions against responsible officials; publicizing waste violators (toxicity and volume); performance goals and accountability of government officials to monitor and enforce when appropriate; establish labs with strong quality control procedures; training of local officials of environmental objectives and responsibilities; regular and frequent information transfer for clearinghouse and assessment/audit purposes; demonstrate success with strategy selection. Overall the plan is ambitious. It is a good start, and needs to be followed closely and evaluated frequently. Implementation through appropriate legislation and a compliance process is necessary. What is critical, is that some early successes are necessary in developing case studies which would have model application. Past history reveals that in the late 70s and 80s, recycling companies and some local NGOs designed initiatives for selective collection of wastes, but the program had major setbacks because of lack of citizen interest. Those experiences must be analyzed, and new methods employed.
9.2 Hungary WASTE Management Planning
In May 1992, a report was completed on Hazardous Waste Management in Hungary. For the hazardous waste management issues, are exposed, recommendations are made, and a proposed strategy is developed. Enforcement is a continuous theme in the study, identified as a requirement for successful implementation. The concept of integrated environmental approaches and industrial restructuring is emphasized. Figure 4 which was taken from the study is a diagram depicting many of the concepts required for successful waste management implementation. While enforcement was mentioned in this diagram, minor changes as noted were made to denote some additional enforcement mechanisms.
10 CONCLUSION
In conclusion, options and potential problems have been presented for consideration to make a successful transition to a waste management program. While there may be problems with any option, this does not mean that inaction is acceptable or excusable with regard to waste management and enforcement. But we must be realistic about our goals, as we learn more. Expectations should be reasonable, but provide some elements requiring a high degree of challenge and effort. Pick targets of opportunity carefully, where we can achieve success and reduce or prevent risks; sometimes called the worst-first approach. Work closely with facilities to educate and train about environmental laws, and environmental responsibilities. Use compliance schedules and adjustment periods, but continuously monitor the facilities with trained staff, and consistently apply standards in practice. Most importantly, inform and work with the communities and groups of citizens; those potentially impacted, and those interested. Include them in the process early, and continuously to gain their insight and support. Select facility role models who have achieved success and publicize their efforts, just as you target violators and publicize prosecutions. Review your efforts continuously to determine whether they contributed to the extent intended to improve the environment. Convince political leaders that environmental costs are consistent with the Nation's priorities, especially economic development. Local data can be quite convincing, especially if the Waste Strategy is carefully constructed to meet the most critical environmental and economic needs of that Nation. Further, obtain information showing that environment is a growth sector which can be stimulated through compliance and enforcement, or recycling incentives. Convince local leaders that worsening environmental conditions are clearly economic liabilities.
REFERENCES
Government of Rumania - Decision - Concerning the Import Regime for Wastes and Residues of any Kind as well as other Hazardous Materials for the Population Health and for the Environment, June 20, 1992.
International Maritime Organization, Global Waste Survey, IMO Headquarters 4 Albert Embankment London, SE1 7SR..
KMPG Fides, Hazardous Waste Management in Hungary, Summary, Study prepared for the Republic of Hungary, May, 1992.
Ministry for Environment and Regional Policy, Republic of Hungary, The Short and Medium Term Environment Protection Plan of The environment, 1991- Budapest, December 1991.
Ministry for Environment and Regional Policy, Republic of Hungary, State of the Environment, January 1992.
PA Consulting Group, Gaining a Clean Advantage Creating Business Opportunity by Addressing Environmental Issues, Royston, England.
World Resources Institute, World Resources 1990-1991, A Report by the World Resources Institute, New York, Oxford 1990.
OTHER INFORMATION
Bell, R., USEPA, Waste and Enforcement Activities in Central and Eastern Europe, unpublished comments.
Bernstorff, A., Puckett, J., Poland: The Waste Invasion, Greenpeace International, November 1990.
Center for Hazardous Materials Research, (Industrial Waste Minimization Manual University of Pittsburgh Applied Research Center, Includes fact sheets for many types of waste disposal problems and requirements), September, 1991.
Commission of the European Communities; Call for Tenders for Contracts Relating to the Environment (Waste Management) - Waste 92, May 20, 1992.
Waste Management and Research Journal of the International Solid Wastes and Public Cleaning Association, ISWA ISSN 0734-242X, Adapting Hazardous Waste Management to the Needs of Developing Countries, September 10-13, 1989 Vol 8, No 2, 1990, Academic Press p89-90.
United Nations Environmental Program, Hazardous Waste Policies and Strategies, A Training Manual, Technical Report Series No. 10, 1991