E LAW - MURDOCH UNIVERSITY ELECTRONIC JOURNAL OF LAW ISSN 1321-9147 Volume 9 Number 1 (March 2002) Copyright E Law and author File: meyers91.txt ftp://law.murdoch.edu.au/pub/elaw-issues/v9n1/meyers91.txt http://www.murdoch.edu.au/elaw/issues/v9n1/meyers91.html ________________________________________________________________________ Tri-M Waste Treaty Project: A Discussion Paper Gary D Meyers and Sarah Hohnholt Murdoch University School of Law Contents * Introduction * Defining Waste * The Waste Problem o Improper waste management: problems for human health and the environment o The need for waste treatment & minimisation o The management response: integrated solid waste management o Treatment and management techniques + Reduce, recycle and reuse + Landfill + Composting: nature's solution + Biological methods + Suggestions to reduce municipal solid waste disposal * The International Response o Chapter 20: environmentally sound management of hazardous wastes o Chapter 21: management of solid wastes and sewage-related issues * Conclusion * Notes Introduction 1. This discussion paper arises out of a grant funded by the International Solid Waste Association (ISWA), Murdoch University Research Board, and Murdoch University School of Law to review the need for an international convention on waste minimization, management, and trans-boundary movement. The Tri-M (minimization, management, and movement) Waste Treaty Project was established in the Law School in late 200[1] to develop, with other interested partners in and outside the University, a research proposal that will result in a draft waste treaty for consideration by the United Nations Environment Programme (UNEP). In particular, the authors acknowledge the assistance of Glen McLeod, Senior Partner at the Perth law firm of Minter Ellison and Chair of ISWA's Legal Issues Group for facilitating partial funding of this project. 2. Waste is a by-product of economic growth,1 and some treatment and disposal is necessary to manage those by-products.[2] However, economic growth presents challenges for sustainable resource management and development since continued economic growth implies continued growth in material inputs and waste outputs.[3] Moreover, the continued use of the planet as a waste depository threatens our future well being.[4] Thus, human society can not continue to ignore the fact that matter cannot be destroyed - rather it is merely converted from one form into another.[5] A far greater effort is required to address both the environmental and economic problems caused by poor waste management. To date, traditional management techniques have focused on "end-of-pipe" control methods, that is on discharge points to reduce or dilute waste. Such methods are grossly inefficient.[6] Instead, better abatement measures which target the source of the waste cycle are required to minimise waste production. Such efforts are not only environmentally desirable, but are equally, economically advantageous.[7] 3. This draft discussion paper is the initial step in our project. Part 1 begins by defining the subject matter of our research, ie, provides a definition of waste. Part 2 outlines the magnitude of the problem associated with growing quantities of waste and the potential management responses to those problems. Part 3 reviews the international response to date in the form of conventions dealing with waste issues. The paper concludes with a recommendation for further study to develop a draft waste treaty. Defining Waste 4. One of the greatest problems associated with developing a response to the growing difficulties associated with waste management is how to define waste.[8] Solid waste data is largely unreliable due to inconsistencies in data collection, definitions and collection methods.[9] For the purposes of developing a solid waste treaty, for example, and for future research into solid waste, it is essential to formulate a standard definition of waste. 5. The World Bank defines waste as any unwanted material intentionally thrown away for disposal.[10] While this definition is useful, it neglects accidental waste and dissipative wastes produced over time. 6. The Western Australian Government Department of Environmental Protection defines waste more comprehensively as: (i) any substance that is discarded, emitted, or deposited in the environment in such volume, constituency or manner as to cause an alteration in the environment; (ii) any discarded, rejected, unwanted, surplus or abandoned substance; and (iii) any otherwise discarded, rejected, unwanted, surplus or abandoned substance intended for sale or for recycling, reprocessing, recovery, or purification by a separate operation from that which produced the substance.[11] Solid waste is defined as waste that meets the definition of a solid. Solid is defined as material that: (i) has an angle of repose of greater than 5 degrees; and (ii) does not contain, or is not comprised of, any free liquids; and (iii) does not contain, or is not comprised of, any liquids that are capable of being released when the waste is transported; (iv) does not become free flowing at or below 60 degrees Celsius or when it is transported; and (v) is generally capable of being moved by a spade at normal temperatures (ie, is spadeable).[12] The Waste Problem 7. The environmental, economic and social implications of a rapidly increasing "waste problem" have gained recognition over recent decades.[13] Many developed countries have taken limited steps to monitor and control the output of hazardous or objectionable wastes. For example, OECD countries participate in a program designed to test toxicity of chemicals, however, most wastes and waste management remain a mystery to regulators and to producers and consumers.[14] 8. There is little comprehensive data on who is producing waste, what type of waste is being produced and how much of this waste is being treated by what methods, and how much waste is being disposed in landfills or in other disposal facilities.[15] Definitional issues of waste, and unreliable data hinder solid waste studies. 9. Approximately two thirds of municipal solid waste consists of food waste and other green and organic materials,[16] and a further 20 percent consists of non-separated recyclables. The remaining 10-20 percent is residual waste, comprising non-recyclable, problematic and hazardous waste, polyvinyl chloride plastic, and other contaminated non-recyclables.[17] Waste generation rates are affected by demographics, degree of industrialisation, climate and according to collection systems in place in an area. Generally, greater economic prosperity and a higher percentage of urban population results in greater amounts of solid waste production.[18] 10. A recent study reported that one-half to three-quarters of the annual resource inputs used in developed countries such as Austria, Germany, Japan and USA are returned to the environment as wastes within one year.[19] At this rate, economic growth challenges the environment's ability to absorb wastes without serious degradation.[20] In many economies, production processes and consumption habits are inefficient because natural resources are not utilised in a sustainable manner.[21] While there are numerous definitions of the concept of "environmental sustainability,"[22] what can be said generally, is that economic production inefficiency degrades air, soil and water quality and wastes precious materials. In fact, however, greater efficiency in production means that producers can increase their profit margins by using materials more efficiently. 11. A study of five developed countries[23] reveals that material outputs to the environment from economic activity range from 11 metric tons per person per year in Japan to 25 metric tons per person in the United States.[24] When "hidden flows" are included - flows that are not directly accounted for in the economy, such as soil erosion, water pollution, mining overburden, and demolition material-- the annual material outputs increase to 21 metric tons per person in Japan to 86 metric tons per person in the United States.[25] 12. Quantities of solid waste going to landfill have either stabilised or decreased in the five countries studied.[26] While recycling contributed to a fall in landfill rates, increased use of incineration as a disposal method was the main contributing factor.[27] While incineration reduces the burden on landfill sites, matter cannot be destroyed - solid waste is merely transformed into air pollution, and the dumping ground for solid waste diverts from the ground to the atmosphere.[28] Incineration residue is generally [30] percent less than the original weight of the solid waste. The residue is typically landfilled and the combustion products emitted into the atmosphere.[29] 13. In Asia, high income countries produce 85,000,000 tonnes of waste per year, while middle income countries and low income countries produce 34,000,000 tonnes and 158,000,000 tonnes of waste per year respectively.30 Generally, rural Asian areas produce less waste than urban areas because these areas have lower per capita incomes. Urbanisation and rising incomes are the two most important factors that lead to waste generation because they result in increased demand for resources.[31] For example, in Bangladesh, the rural population generates only 0.15 kilograms per capita per day, while the urban population generate 0.4 to 0.5 kilograms of waste per capita per day.[32] 14. Waste generation is directly related to economic activity and consumption. Poverty in Asia is expected to decline over the next 25 years, and wages for unskilled workers are expected to rise substantially.[33] In addition to economic growth, Asia is experiencing 4 percent growth in urban population which is expected to continue over several years. From 40 to 60 percent of population growth in urban areas is the result of rural-to-urban migration because the cities provide better economic incentives and conditions.[34] Middle income Asia is expected to produce more waste than their higher and lower income counterparts since their economies are expected to grow at the highest rates and also experience significant population growth in the urban areas.[35] 15. India, Indonesia and China are three of the most populus countries in the world, and are among the lowest consumers of paper per capita.[36] However, as per capita income and their populations increase, their paper consumption will be enormous.[37] A negative side of affluence is that it produces more waste, increased use of plastic, single-serving beverages, disposable nappies, and more packages goods. This increases waste collection costs and litter quantities.[38] 16. The increase in municipal solid waste quantities and composition in Asia is unprecedented. For example, the increased demand for mobile phones, electronics, plastics and disposable nappies all present challenges to waste disposal. In Asia, waste management techniques lag behind the rapidly changing waste stream.[39] This story is likely to be repeated in other regions as less developed countries in Africa and elsewhere experience economic development and growth. Improper waste management: problems for human health and the environment 17. Inappropriate solid waste management causes air, soil and water pollution leading not only to environmental degradation but also to a growing catalogue of human health problems.[40] Irresponsible solid waste dumping contaminates surface and ground water supplies. In industrial and urban areas, washing "away" solid wastes can clog drains, creating stagnant water for insect breeding and potential for floods in rainy seasons.[41] Uncontrolled burning and irresponsible incineration has a significant influence on air pollution. Organic wastes dumped in landfills generate greenhouse gases, and untreated leachate pollutes surrounding soil and water bodies such as ground water supplies. These environmental problems include only the impacts of solid waste disposal; they exclude the impact of environmental damage resulting from extraction of resources and processing materials, and the World Bank estimates that 95 percent of a product's environmental impact occurs before it is discarded as solid waste.[42] The need for waste treatment & minimisation 18. Waste minimisation refers to reducing the quantity or toxicity of any waste generated or that is subsequently treated, stored or disposed of.[43] Waste minimisation typically includes recycling and reusing waste process materials, modifying current production processes to minimise waste generation, and developing new processes to minimise waste or reduce its toxicity.[44] Waste minimisation can simply involve changing the way factory operations are carried out, (ie good housekeeping); or it can mean complex modifications to manufacturing processes. Examples of good housekeeping include measuring material flows with greater accuracy, and sweeping floors to remove solids before wash down.[45] Effective waste minimisation benefits industry, communities and the environment.[46] Minimising waste at its source can make production more efficient, enhance business profits, improve environmental health, improve safety conditions for employees and the public, boost public relations and develop waste services and technology with export potential.[47] The importance of waste minimisation can be highlighted by briefly examining the impacts of minimal waste minimisation in Australia and the potential impacts of failing to respond in the Asian Region. 19. Australia disposes of 96 percent of its waste to landfill, 3 percent is recycled and 1 percent is incinerated or treated by alternative means.[48] While Australia is dependant on landfill as its main method of waste disposal, landfills are a depleting resource. A recent government report showed an increase in metropolitan putrescible waste going to landfill for the period from 1998 to 2000, and an increase in metropolitan inert waste to land fill. For example, in Western Australia, total solid waste disposed of in landfills in 2000 was 2,743,626 tonnes.[49] Only 140,396 tonnes of solid waste was diverted from landfill and recycled.[50] In 2001, however, putrescible waste to landfill decreased by approximately 10.5 percent and inert waste to landfill decreased by 20.2 percent. The report concludes that the reduction in waste to landfill was linked to the effects on consumption from the current economic downturn, rather than to any significant change in recycling or waste generation behaviour in the community.[51] 20. In regards to waste management trends, no region in the world faces a greater need to break the inextricable link between waste generation rates and affluence than Asia.[52] The World Bank estimates that if Asia follows life style trends of the United States, the world will need to provide 500 million tonnes more resources in 2025. 21. Urban Asian areas spend approximately US$25 billion on solid waste management per year. This figure is expected to increase to at least US$50 billion in 2025. Asia's daily waste generation rate is 760,000 tonnes; by 2025, this rate will reach 1.8 million tonnes per day.[53] These estimates are conservative and the real values are expected to double these amounts.[54] The waste management costs in low income Asian countries are more than 80 percent for collection costs. It is cheaper to landfill in poorer countries than incinerate solid waste.[55] The management response: integrated solid waste management 22. Integrated solid waste management (ISWM) is the selection and application of appropriate techniques, technology and management programs to achieve specific waste management objectives and goals.[56] The United Nations Environment Program (UNEP) states that it is important to approach solid waste management in an integrated manner because: o problems are generally solved more efficiently by group-work; o adjustments to waste management strategies are coordinated; o integration results in efficient use of resources and economies of scale; and o industrial, government and community sectors can participate in waste management plans.[57] 23. Other benefits are that standardised techniques create uniformity and levels of waste production and recycling rates can be measured more accurately. 24. Waste hierarchies are used to develop ISWM plans. A typical waste management hierarchy is comprised in the following order: i) reduce; ii) reuse; iii) recycle; iv) recover waste by physical, biological or chemical processes; and v) landfilling.[58] Treatment and management techniques Reduce, recycle and reuse 25. From the waste hierarchy, it is evident that landfill is the least preferred waste disposal option. Methods that reduce landfill include prevention and other techniques that reduce the amount or toxicity of waste generated. Waste reduction methods include: o source segregation: separating wastes for recycling or to re-use materials. This method is useful in dealing with mixtures of hazardous and non-hazardous waste and mixtures of reusable and disposal materials; o process modification: changing manufacturing processes and technology without reducing the quality of the product; o Material substitution: produces less waste and reduces toxicity of waste without reducing product quality; and o Good housekeeping: includes educating employees and communities and regular maintenance.[59] 26. A report from the International Solid Waste Association identified the main reasons for not recycling were laziness (30 percent), inconvenience (19 percent) or inadequate facilities (12 percent), while 20 percent recycled as much as they could and 6 percent claimed they had inadequate information to enable effective recycling.[60] Recycling incentives or a user-pays system to deal with solid waste could be implemented to change industrial and community attitudes. Reuse methods are useful for organic wastes such as solvents, coolants and waste oils and metal-containing organic wastes. An integrated waste management plan can work if everyone and every nation cooperates and makes the effort to protect their environment, improve resource efficiency and sanitation standards. Landfill 27. Treatment methods are the last option for waste destined for landfill. Treatment methods include physical, biological and chemical processes such as coagulation, filtering, adsorption, stabilisation, neutralisation, distillation and other processes that reduce volume or toxicity before going to landfill.[61] Better landfill design can reduce the environmental impacts associated with solid waste disposal. For example, landfills should not be located near ground and surface water supplies; landfills should be located away from residential and sensitive environmental areas; trees should be planted near the site; landfill walls should have a stabilised, maximum slope of 33 degrees to maximise the amount that the site can accommodate and should have a square base.[62] 28. Landfills also produce greenhouse gases. Since biogas can contain around 55 percent it may be feasible to use the gas for energy production such as electricity, heating and fuel. ISWA suggests that landfill sites producing more than 50 tons of methane annually should install biogas collection systems.[63] Composting: nature's solution 29. Composting is nature's waste solution. Nearly two thirds of all waste produced is green waste such as plant clippings and food wastes. For millions of years, composting has been essential for creating fertile soils and reusing waste.[64] The international response to solid waste problems must regard composting as an essential method of waste management.[65] Biological methods 30. Dissipative wastes flows include materials that are released from products into the environment over time by use or wear. Dissipative wastes include asbestos from brake pads, paint flakes from buildings and rubber from tyres. Dissipative wastes should not be ignored in waste management studies. While there is little opportunity for humans to recapture dissipative wastes, biological methods such as plant growth can be used to treat harmful materials.[66] Suggestions to reduce municipal solid waste disposal 31. In Australia for example, all households and industries are charged on the basis of their actual use for their water and power consumption. Yet, all households are charged the same amount for waste collection.[67] Under the current system, a household that recycles everything possible and composts green waste pays the same as a household that is too lazy to recycle and fills a 240 litre wheelie bin each week.[68] The best way to encourage households (as well as industry) to minimise waste is to link rubbish collection charges with the amount of waste generated.[69] The International Response 32. Current international agreements such as the Basel Convention and the Bamako Convention deal primarily with the inter-state transport of hazardous waste.[70] Movement of waste is an important consideration for an international convention on solid waste management. Industrialised countries contain 16 percent of the world's population, but consume 75 percent of the world's resources.[71] "Waste tourism" across regional and national boundaries is an increasing trend.[72] Favourable tax incentives or less stringent pollution controls encourage developed countries to dump their waste in less developed countries. Problems emerge when less developed countries do not have the requisite technology or other resources to treat such waste, which results in poor sanitation, disease and environmental degradation. 33. The international transport of waste is, however, as indicated above only one of the problems associated with the growing problem of waste generation. Moreover, while important, it is none the less a problem that would be significantly less important if the total volume of waste was decreased. Thus, an international convention which either builds upon or supplements existing treaties and which facilitates the minimization and management of waste to actually reduce the volume, toxicity, ecological and human health impacts of the waste by-product of industrial and domestic activities is a critical need. 34. At the 1992 Earth Summit in Brazil, Agenda 21 was adopted by nations representing over 98 percent of the Earth's population.[73] Agenda 21 is an action plan designed to guide the Earth's development in a sustainable manner.[74] Agenda 21 recognises the interdependence of the world's economy with the world's ecology.[75] Problems that once appeared to be local are now acknowledged as global issues. For example, the loss of fertile soil in one country can impact the world food prices and availability. 35. Agenda 21 incorporates principles from the Basel and Bamako Conventions and since it is broader, Agenda 21 provides a solid foundation on which to base an international convention on solid waste. An international agreement is required to support innovative approaches to waste management and programs designed to educate communities and industries about reducing and managing waste.[76] New waste treatment technologies developed by industrialised countries should be made available to less developed countries so that they can "leap-frog" less efficient methods of waste treatment.[77] 36. The solid waste problem cannot be solved in a vacuum - it is a global problem that requires a global response. Agenda 21 devotes three chapters (20-22) to waste which deal with hazardous wastes, solid wastes including sewage and radioactive wastes respectively. Action plans designed to tackle waste include waste reduction, recycling waste material, and developing safe methods to dispose of waste and eliminate illegal trade in hazardous waste.[78] 37. Each chapter sets out the problem, the overall objectives and targets of the plan and an estimate of how much it will cost to finance the plan. The information contained in Chapters 20 and 21 is very detailed and is summarised below. Chapter 22 which deals with nuclear waste is beyond the scope of this project. Chapter 20: environmentally sound management of hazardous wastes 38. The overall objective of Chapter 20 is to prevent or minimise the generation of hazardous wastes, and to manage hazardous wastes so that they do not harm human health or the environment. To achieve this goal, the international community, governments and industry must cooperate. Countries should share intelligence about harmful properties of hazardous wastes and how to effectively treat these wastes. 39. Chapter 20 encourages countries to ratify and implement the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal and the expeditious elaboration of related protocols, such as the protocol on liability and compensation. Another requirement is the ratification and implementation of the Bamako Convention on the Ban on the Import into Africa and the Control of Transboundary Movements of Hazardous Wastes within Africa. 40. Chapter 20 relies heavily on government assistance to achieve its objectives. Governments are encouraged to: o establish or modify purchasing specifications avoid discrimination against recycled materials; o intensify research and development activities for processes and substances that generate hazardous wastes; o establish facilities to treat hazardous wastes; o share information with other governments. In particular, developed countries should share information and technology regarding hazardous waste management with developing countries; o prohibit exporting hazardous wastes to countries lacking sufficient technology to dispose of the wastes in an environmentally sound manner; o invest more money in developing cleaner methods of waste management,. which follow a "cradle-to-grave" approach for managing hazardous wastes; o provide education programs to train people in environmental management; and o rehabilitate contaminated sites.[79] Chapter 21: management of solid wastes and sewage-related issues 41. Agenda 21 defines solid wastes as all domestic refuse and non-hazardous wastes such as commercial and institutional wastes, street sweepings and construction debris. In some countries, solid waste management systems deal with human wastes such as night-soil, incinerator ashes, septic tank sludge and sewage sludge. If these wastes manifest hazardous characteristics, they should be treated as hazardous wastes. 42. Chapter 21 states that action should focus on the four major waste-related programme areas comprising; 1. minimising wastes; 2. maximising environmentally sound waste reuse and recycling; 3. promoting environmentally sound waste disposal and treatment; and 4. extending waste service coverage. 43. The four program areas are interrelated and should be integrated to provide a comprehensive framework to manage municipal solid wastes. The objectives of Chapter 21 are: o to stabilise or reduce waste production destined for final disposal by formulating goals based on waste weight, volume and composition and to encourage waste separation to facilitate waste recycling and reuse; and o to improve waste assessment procedures so that better policies can be developed. 44. Chapter 21 sets some targets to be achieved by the year 2000 - and in this regard, the plan is somewhat dated. By 2000, governments, with cooperation from the United Nations and other relevant organizations were to: o ensure sufficient national, regional and international capacity to access, process and monitor waste trend information and implement waste minimisation policies; o have programs in place in also industrialised countries designed to stabilise or reduce production wastes destined for final disposal, including per capita wastes, at the level prevailing at that date; and o have programs in all countries (especially industrial countries) to reduce agrochemical wastes, containers and packaging materials which do not meet hazardous characteristics. 45. While the targets proposed in Chapter 21 are out of date, this Chapter of Agenda 21 provides a comprehensive framework for developing an international convention dealing with solid waste management. Critically, Chapter 21 emphasises that waste services need to be extended to developing countries, since approximately 5.2 million people die each year from waste-related diseases. Without such a transfer of technology, it is unlikely that developing countries will be able to participate meaningfully in any new international agreement on waste. Conclusion 46. Our preliminary research indicates that waste generation is a multi-faceted problem with significant impacts on human and ecological health. These impacts are not confined to any particular country or region, but instead, the effects are distributed worldwide, though developing countries in Africa, Asia, and elsewhere, perhaps, face these effects with less ability to meet them. Increased economic development poses both increased risks from the volume and toxicity of waste, as well as the potential to meet these risks with new technologies and waste management methods. Current efforts on an international scale are largely confined to dealing with the problem of the trans-boundary transport of waste; no convention exists for the management of waste. The need for international effort (if not an international treaty) has already been acknowledged. 47. Our principal recommendation is that a project be developed to further investigate the magnitude of the global waste generation and management problem with a view towards developing a draft treaty for submission to the UN Environment Programme. 48. The project should involve a partnership between the International Solid Waste Association and Murdoch University, led by staff of its Environmental Technology Centre and assisted by Law School staff and others within the University who may contribute to this project. 49. In particular, we propose a 2-3 year study that will assess and review the scientific, technical, and environmental parameters of the "waste problem," assess the potential of domestic and international legal regimes to respond to those issues, and consider the economic, social, and commercial impacts and benefits inherent in fashioning sustainable solutions to the generation and management of waste. Much of that expertise resides within various Schools at Murdoch University, however, this project clearly requires close cooperation with industry. We have identified ISWA (and its member companies and organizations) as a major player in this process, given its role as the leading international industrial organization in this field. The expertise of its various scientific and technical groups, including the Legal Issues Group, will provide the project with significant expertise, guidance and peer review, as well as high level contacts with international organizations like UNEP and the UN's World Health Organization. Notes [1] Western Australia, Department of Commerce and Trade, State Recycling Blueprint: A Plan to Halve Waste to Landfill in Western Australia by the Year 2000. Department of Commerce and Trade and the Western Australian Municipal Association, Perth, June 1993, p 18. [2] S Potter,. "Waste Minimisation: An Integral Part of Industrial Waste Management: A Western Australia Perspective" in GD Meyers (ed) Local to Global - Issues in Environmental Law and Policy No 02/95, Murdoch University Environmental Law and Policy Centre, Western Australia, 1995. [3] E Matthews, "The Weight of Nations Material Outflows from Industrial Economies" World Resources Institute, Washington, DC, 2000. [4] State Recycling Blueprint, above nt 1 at p18. [5] U Gujer, "Waste Minimisation: A Major Concern of the Chemical Industry" Water Science and Technology Vol 24 No 12, Britain, 1991 p44. [6] S Vigneswaran, and HB Dharmappa, "Industrial Waste Minimisation: Concepts and Technology". Paper included in the National Conference on Environmental Engineering Conference Papers, Gold Coast, Queensland, 17-19 June 1992. [7] J Ferguson, "Achieve Dignity, Originality, and Style in Waste Management," Address to the International Solid Waste Association World Congress, 10 May 2000, p12 notes that, the world market in environmental technology is worth over $400 billion in turnover each year and that environmental waste management has the potential to be just as lucrative. However, any market in waste management is subject to the concept of sustainable development, that is its methods and activities must not compromise the environment or development options for future generations. It is development and environmental management which depends upon a partnership of public and private sectors, communities and industries and individual efforts worldwide. He notes that many developed countries such as Australia are running out of landfill space and calls for Research to develop cleaner solid waste management techniques such as chemical and biological treatments, composting, and better recycling practices. [8] D Hoornweg, and L Thomas, "What a Waste: Solid Waste Management in Asia" The World Bank Working Paper Series, May 1999, p4 [9] Id, p1. [10] Id, p4. [11] The Government of Western Australia, Department of Environmental Protection, Landfill Waste Classification and Waste Definitions 1996 (as amended), January 2001, p5 of 16. [12] Id. [13] Matthews, above nt 3,p32. [14] Id, p32. [15] Id. [16] State Recycling Blue Print P 2001, above nt 1 at p2. [17] Government of Western Australia, Department of Environmental Protection, Municipal Solid Waste Sector Actions p 1. [18] Hoonrweg and Thomas, above nt 8 at p5. [19] A Amor, "Pollution and Waste increasing in five countries despite more efficient use of resources" World Resources Institute http://www.igc.org/wri/press/weightofnations.html 20 September 2000; and Matthews above nt 3 at p xi. [20] Id. [21] Id. [22] The seminal definition of the term ecologically sustainable development (ESD) is the one adopted by the World Commission on Environment and Development (WCED) in its publication Our Common Future, Oxford University Press, 1987. The WCED defines ESD as development which meets the need of present generations without compromising the ability of future generations to meet their needs. Id, p 4. However, as noted in earlier research, because such a general definition provides so little detail, the actual definition of sustainable development has been hotly contested and in fact, more attention has been given to defining the term than to implementing ESD in practice. GD Meyers and S Muller, "The Ethical Implications, Political Ramifications, and Practical Limitations of Adopting Sustainable Development as national and International Policy," Buffalo Environmental Law Journal, 1996, vol 4, p1-44. Where we speak of "sustainable development" in this paper, we adopt the definition put forward in that earlier article: ESD is "development which either improves, maintains, or does not materially interfere with the ecological structure and functions of the area in which such development takes place." Id, at p15. Thus, sustainable wast management practices would encompass all those strategies and actions which improve, maintain, or do not materially compromise those ecosystems in which the waste is deposited, stored, or otherwise managed. [23] Japan, Netherlands, Germany, USA and Austria. [24] Matthews, above nt 3 at pxi.. [25] Id. [26] Id , p25. [27] Id , p vi. [28] Id , p26. [29] Id. [30] Hoornweg and Thomas above nt 8 at p6. [31] Id, p7. [32] Id. [33] Id , p9. [34] Id. [35] Id , p10-11 (Singapore and Japan have the lowest waste generation rates of all high income countries and even some of the middle income countries. However, these rates may be due to inconsistencies in waste definitions rather than to waste minimisation.) Id, p11. [36] Hoornweg and Thomas, above nt 8 at p12. [37] Id. [38] Id, p13. [39] Id. [40] In Asia, human faeces are commonly found in municipal waste, boosting insect and rodent populations and increasing the risk of diseases such as cholera and dengue fever. Using water polluted by solid waste for bathing, irrigation and drinking can result in the spread of disease and exposure to other contaminants. The United States Public Health Service documented twenty-two human diseases resulting from improper solid waste management. In developing countries, over 80 percent of all disease and nearly 70 percent of all deaths result from ingesting waste-contaminated food and water. Id, p17-18. [41] Id, p17. [42] Id. [43] P Malone, "Pollution prevention through waste minimisation: Converging the interests of industry, government and the public" Environmental and Planning Law Journal, vol 8, 1991, p267. [44] Potter, above nt 2 at p21. [45] Id. [46] D Barnes, D. and SK Tonkin-Hill, "Waste minimisation as an integral part of waste management" Waste Disposal and Water Management in Australia, February 1990, p20. [47] A Krol, and P Greenfield, Centre of Waste Management & Environmental Quality, Department of Chemical Engineering, University of Queensland, "Trends in Waste Management: Strategies and technologies," in Queensland Environmental Law Association Incorporated Queensland Environmental Law Association Incorporated Annual Conference. [Great Keppel Island, May 1992], p 92.46. [48] Potter, above nt 2 at p24. [49] Id , p8. [50] Id , p11. [51] Government of Western Australia, Department of Environmental Protection and the State Recycling Advisory Committee, "Review of the State Recycling Blueprint: A review of the 1993 State Recycling Blueprint" November 2001 p8. [52] Hoornweg and Thomas, above nt 8 at p1. [53] Id , p3. [54] Id. [55] Id. [56] Id , p18. [57] Id. [58] Id. [59] A Sinanian, "Waste minimisation as part of an integrated environmental strategy" Waste Management and Environment vol 4 No 1 Nov 1992 p34. [60] A Read, "Public communication campaigns and effective participation in kerbside recycling - lessons from London" ISWA World Congress 2001. Presented at the Norwegian Association of Solid Waste Management Annual Waste Conference 2001, Stavanger, Norway 3-5 September 2001 p47. [61] Sinanian, above nt 59 at p35. [62] K Panagiottis, "Design criteria for landfills and their transformation and safe operation as modern landfill sites," in ISWA Congress above nt 60 at p76-77. Pangiottis also argues that solid waste should be leachate treated to reduce the risk of soil and water pollution. Physiochemical leachate methods include precipitation, coagulation, flocculation, oxidation. Biological leachate methods include activated sludge treatment and aeration lagoons. Id. [63] Id. [64] S Tvedt, "Composting depends on quality," in ISWA Congress, above nt 60 at p310. [65] Id , p 310. [66] Matthews, above nt 3 at p28. [67] Department of Commerce and Trade, Western Australia, and the Western Australian Municipal Association, "State Recycling Blueprint: A plan to halve waste to landfill in Western Australia by the Year 2000". June 1993, p18. [68] Id. [69] Id. [70] See: The Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, reprinted in 28 ILM 649 (1989); and The Bamako Convention on the Ban of the Import into Africa and the Control of Transboundary Movement of Hazardous Wastes within Africa, reprinted in 30 ILM 773 (1991). For a review of the two treaties, see: CRH Shearer, "Comparative Analysis of the Basel and Bamako Conventions on Hazardous Waste," Environmental Law vol 23 1993 p141-83. [71] Hoornweg and Thomas, above nt 8 at p1. [72] Ferguson, above nt 7 at p15. [73] D Sitarz, Agenda 21: the Earth Summit Strategy to Save our Planet. Earthpress, Boulder, Colorado, 1993 p1. [74] Id, p 6. [75] Id, p3. [76] L Cato (ed), "The Business of Ecology: Australian Organizations Tackling Environmental Issues," Allen & Unwin P/L, NSW Australia, 1995, p127. [77] Matthews, above nt 3 at p38. [78] Id, p18. [79] This list is not exhaustive and reference should be made to Chapter 20 of Agenda 21 for further information.