Question 2017 — waste

Summary

Mr. Laurent Alexandre questions the Minister of Energy Transition on the relevance of the mechanical-biological sorting process for residual household waste in light of the example of the project carried out by the company Solena Valorisation in Aveyron. This project for a factory called a “multi-sector hub for the recovery and treatment of non-hazardous waste” is accompanied by a waste storage center in the municipalities of Viviez and Aubin. Behind this promising title, the MP noted several incompatibilities with various laws passed between 2015 and 2020. He is therefore very surprised by the environmental authorization issued to project leaders on August 21, 2020 by the Aveyron prefecture despite the standards in force. Indeed, its flagship technical process is the use of a mechanical-biological sorting installation to direct the different flows of waste received to the plant's recovery equipment. This type of technology is subject to strict and clear control laid down in article L. 541-1 of the environmental code. Thus, “the authorization of new mechanical-biological sorting installations is conditional on compliance, by local authorities and public intermunicipal cooperation establishments, with the generalization of sorting at the source of bio-waste. These installations are not subject to aid from public entities.” These conditions were introduced by the 2015 law relating to energy transition for green growth. Neither the law of February 10, 2020 relating to the fight against waste and the circular economy, nor the order of July 29, 2020 relating to the prevention and management of waste have called them into question. Ms. Barbara Pompili, then president of the sustainable development committee of the National Assembly, declared during the session of Friday November 29, 2019 about this sector that “technical damage is frequent and the organic substances resulting from this waste are of very poor quality for spreading. In addition, the technique is very expensive and the installations must operate at full capacity to be profitable. This therefore automatically slows down the in place of the separate management of organic waste, a nevertheless virtuous sector which makes it possible to produce compost, including for organic farming”. The MP could not agree more with his fellow MP. He adds that the Constitutional Council, in its decision of April 22, 2022 as part of a QPC, reinforced the spirit of article L. 541-1 of the environmental code. He even considers, in paragraph 12 of his decision, that “the legislator intended, to implement the objectives of reduction and recovery of household waste, to favor sorting at the source of bio-waste rather than their handling by mechanical-biological treatment installations whose performance in terms of recovery was considered insufficient”. Therefore, by subjecting the new mechanical-biological sorting installations to the conditions posed by the aforementioned article, the Constitutional Council indicates that the legislator pursues the constitutional value objective of environmental protection. However, the Solena project was the subject of a subsidy of 9.1 million euros from ADEME. In addition, SYDOM 12, the departmental waste treatment union in Aveyron, only came out in favor of a two-stream collection of bio-waste and residual household waste on the 21st. March 2021. Currently, SYDOM is testing this system in a few municipalities (report from the SYDOM 12 union committee of June 17, 2021). The Solena project thus did not meet either of the two conditions set by article L. 541-1 of the environmental code when it benefited from the environmental authorization issued by the prefecture of Aveyron, hence the great surprise of Mr. MP at this administrative authorization. On the other hand, the same article of the environmental code provides that from January 1, 2027, it will be “prohibited to use the fermentable fraction of waste from these (mechano-biological sorting) installations in the manufacture of compost.” However, this is the ambition carried by the installation planned in Aveyron. If the deputy is to believe the presidency of SYDOM 12 which expressed itself in La Dépêche of September 7, 2022, the implementation service of the Solena equipment is planned for the beginning of 2025. If these deadlines are met, two years later, in 2027, one of the recovery processes of this plant, the manufacture of compost from bio-waste sorted at source and oriented by mechanical-biological sorting will be contrary to the legislation and therefore obsolete... Also concerned with respecting the hierarchy of waste defined by Directive 2008/98/EC, Mr. wonders on the large ultimate waste storage capacities planned for the installation managed by Solena. The Aveyron prefecture has authorized the burial of 68,000 tonnes per year until 2024, then 53,500 tonnes per year from 2025. According to the public commission of inquiry which examined the Solena file, 90,000 tonnes per year of household waste should be processed on this site. So, in the worst case, there are potentially 60 % of waste received by these facilities which may end up buried at the end of the treatment process. Such a conjecture would place Aveyron far from the recovery objectives set by law (60% waste recovery in 2030, 65% in 2035). He is particularly concerned as the products of mechano-biological sorting facilities of poor quality are directly eliminated. In other words, if this sorting equipment mechanical-biological is failing, the quantity of waste buried in Aveyron risks exploding. Given the numerous criticisms made of this sorting process, as well as the legislative provisions which establish its obsolescence and its limits, the MP believes he has good reasons to be worried. This is why he questions him about the exact scope of the provisions of article L. 541-1 I paragraph 16, often contested by project leaders. mechanical-biological sorting facilities. He asks him if these are simple objectives set out by law, or an obligation which must be imposed on all environmental authorizations issued by the authorities.

Machine translation from French. The official text remains authoritative.

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