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Firstly, non-hazardous waste is defined, by default, as waste that does not exhibit any of the properties that characterize hazardous waste.
A general distinction is made between waste :
- Recyclables: glass, metals, cardboard, paper, wood, plastics, textiles...
- Organic biodegradable or biowaste: green waste, organic food waste...
- Mixed: household refuse
The management of non-hazardous waste includes the choice of waste treatment, which must respect the hierarchy of treatment methods:
- Preparation for reuse ;
- Recycling;
- Any other recovery, in particular energy recovery;
- Elimination.
In this context, non-hazardous waste must be sorted at source.
Waste 8 streams :
Decree no. 2021-950 of July 16, 2021 extended source separation obligations for construction and demolition waste to include mineral fraction waste (concrete, bricks, tiles and ceramics, stone) and gypsum.
Non-hazardous paper/cardboard, metal, plastic, glass and wood waste considered to be construction and demolition waste are also subject to these obligations.
Producers or holders of these so-called "7-stream" wastes must collect them separately from other wastes, to enable subsequent sorting and recovery. They may nevertheless be kept together in a mixture, subject to subsequent recovery, without affecting the recovery efficiency comparable to that obtained by separate collection of each waste stream.
These source separation provisions do not apply:
- Small-scale producers, i.e. those who produce less than 1,100 liters of waste per week. Please note that if several producers/housers on the same site are served by the same waste management service provider and produce a total of more than 1,100 liters, they fall within the scope of application.
- Producers and holders of construction and demolition waste, for waste generated on their sites that meets one of the following conditions:
- It is not possible to allocate an area of at least 40 m2 on the site for waste storage;
- The total volume of waste generated over the entire duration of the site, all waste taken together, is less than 10 m3.
Producers and holders of these "7-stream" wastes must either :
- Recover this waste themselves;
- Transfer this waste to the operator of a recovery facility;
- Sell waste to an intermediary engaged in waste collection, transport, trading or brokerage with a view to recovery.
In the latter two cases, before March 31st each year, producers or holders receive from the operators of the recovery facility or intermediaries involved in waste collection, transport, trading or brokerage, a certificate (paper or electronic) stating the quantities in tonnes, the nature of the waste and the final recovery destination of the waste entrusted to them during the previous year. The format of this attestation is defined in a model set by the Order of December 21, 2021.
Note that from January1, 2025, the obligation to sort at source will be extended to textile waste, at which point all this waste will be referred to as "8 streams".
Biowaste
Until now, only companies producing or holding waste edible oils or other biowaste in quantities exceeding certain thresholds set by regulations* (10 tonnes per year for biowaste and 60 L per year for oils) have been required to sort it at source with a view to recovery.
From January1, 2023, this obligation will apply to all producers and holders of biowaste (excluding edible oil) producing more than 5 tonnes of biowaste per year.
From December 31, 2023, this obligation will apply to all producers and holders of biowaste (excluding edible oil), regardless of quantity.
Note that for a company producing or holding biowaste on several sites or in several establishments, the threshold is assessed on the basis of the quantities produced or held on each site or by each establishment.
An order dated March 15, 2022 specifies the compostable, methanizable and biodegradable packaging and waste that can be collected with source-separated biowaste, namely:
- Bags for the collection of biowaste composed solely of paper or cardboard that comply with the requirements in terms of characterization and composition defined in this decree;
- Bio-waste collection bags made of plastic, and possibly paper or cardboard, that comply with all the requirements defined in this decree;
- Paper coffee filters and their contents, paper tea bags and their contents;
- Coffee capsules and pods made from at least 95% paper that meet all the requirements defined in this decree;
- Tissues, napkins and paper towels;
- The following household organic waste: wilted flowers, hair, nails, feathers and pet hair.
Biowaste may be recovered directly by the producer or holder, or by a third party after separate collection when recovery is not carried out on the production site.
By March 31st each year, bio-waste collection or recovery facilities must submit a certificate (paper or electronic) stating the quantities and nature of waste collected separately the previous year, and the final recovery destination. The format of this attestation is not defined by the regulations.
Gradual ban on landfilling non-hazardous non-inert waste
Landfilling is the waste treatment method to be avoided as far as possible; it should be reserved for "ultimate" waste for which no other recovery is possible. National landfill reduction targets have been set, including bans on the admission of non-hazardous, non-inert waste to landfill (excluding residual household waste):
This ban does not apply to certain types of waste. For example:
- Waste for which material recovery is prohibited (waste containing persistent organic pollutants, etc.);
- Non-recoverable waste from waste recovery operations or production processes;
- Animal carcasses, by-products and by-products;
- Non-hazardous, non-inert waste produced by preparation activities with a view to reuse, recycling or any other form of recovery, as well as the sorting residues resulting from such activities, when they come from separate collection and meet performance criteria, ...
A decree sets out the conditions for justifying the disposal of non-hazardous non-inert waste in landfill facilities. Producers of non-hazardous waste that is not handled by the local public waste management service can only have it disposed of in non-hazardous non-inert waste storage facilities if they can prove that they have complied with sorting obligations.
To this end, each year the waste producer must send the operator of the storage facility :
- An annual characterization report on the waste brought into the facility. This is the responsibility of the waste producer/holder, but can be entrusted to the facility operator or to a laboratory if they have the required technical skills.
- An affidavit signed by the legal representatives of the waste producers concerned, including :
- The list of their sorting obligations(waste wood, glass, metals, cardboard/paper, plastics, biowaste, mineral fractions, plaster and textiles; everyday consumer products; for ERP: household packaging waste consisting mainly of plastic, steel, aluminum, paper or cardboard as well as waste printed paper and paper for graphic use, on the one hand, and biowaste, on the other);
- A description of the elements demonstrating compliance with these obligations, in particular the list of separate collections and associated sorting instructions.
Prior to receipt of any waste for the current year, the waste producer must submit an attestation on his honor, or, if the waste is brought to the facility by a holder other than the producer, by the latter. For 2022, the certificate must be sent before June 30, 2022.
ERP
Operators of establishments producing more than 1,100 liters of all types of waste per week must organize the separate collection of waste from the public attending their establishments, by providing separate collection systems for household packaging waste made up mainly of plastic, steel, aluminum, paper or cardboard, as well as for printed paper and paper for graphic use, on the one hand, and bio-waste, on the other.
Waste from everyday consumer products
Law no. 2020-105 of February 10, 2021 introduced the sorting obligation for waste generated by the consumption by its staff of everyday consumer products, such as cans, cups, small packaging, bottles...
To this end, all waste producers and holders must set up separate waste collection systems in their establishments, adapted to the different activities carried out there and, where appropriate, accessible to staff, to enable waste to be sorted at source, including waste generated by the consumption of everyday consumer products by their staff.
Finally, even if this waste is not hazardous, it is still subject to traceability obligations(https://hse-reglementaire.com/filieres-traitement-dechets-non-dangereux/), with shipments and treatment channels recorded in the waste register(Tennaxia - Waste management - Software No. 1 in France - https://www.tennaxia.com/).
*decree of July 12, 2011 JORF n°0169
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