Since March 17, the new law on waste and contaminated soils of Galicia has been in force, a regulation that is ahead of the state one, which is pending approval in the coming weeks and of which, for the moment, we know the text of the preliminary draft. All this legislative update responds to the requirements of the European Union on waste management aligned with the European Green Pact.
Núria Rasós, Technical Director of LITOCLEAN, analyzes these standards in the global context and their actual application.
- What are the main novelties of the Galician law on waste and contaminated soils?
The main novelty of the law is the sustainable regulation of waste management, emphasizing the prevention of its production in order to reduce the impact that all waste generates on the environment and human health. In this way, it regulates and sets a series of objectives to be met in relation to the progressive reduction of the different types of waste generated. It also provides an updated legal regime in reference to the production and management of waste and contaminated soils.

- This regulation is approved shortly before the state law, will it change anything of what has been approved in Galicia according to the preliminary draft of the waste law?
As in some other communities, Galicia has done its homework and has made progress, but in principle the two regulations will be along the same lines, promoting the circular economy and efficient use of resources and incorporating existing European obligations on waste management.
- The new legislations are marked by the EU regulations on waste management. What are the main issues emphasized in Europe? Why does the current situation require new laws to achieve the objectives set?
Europe has long had a multitude of directives regulating waste management in all fields, from the food sector to batteries and tires, and our country must adapt all these regulations, which in many cases are not up to date.
Since the end of 2019, the European Green Pact was established in Europe, which aims to make Europe the first climate-neutral continent by 2050 and from which the efficient use of resources is promoted through a clean and circular economy and aims to restore biodiversity and reduce pollution. In this line, the areas of action are very diverse and include the proximity food chain, pollution reduction, biodiversity, sustainable mobility, clean energy and sustainable industry, among others.
“The European Green Pact aims to make Europe a climate-neutral continent by boosting the circular economy, restoring biodiversity and reducing pollution.”
- Last year the news came out that Spain is the country that throws the most waste into landfills. Is this our unfinished business? What are the risks involved?
It is probably one of them, no doubt. There is a lack of awareness on a social scale in this respect and a lot of work on the part of the administrations. It is true that at the local and urban level, city councils have been promoting measures and, more in our field, the management of the autonomous communities of soils as waste in controlled landfills is being much more controlled by the administration and things are being done well in this aspect. The new state law planned aims to promote the circular economy and the reduction in the generation of waste and its overall impact, so in this aspect it will be a clear improvement at the level of all types of waste.
With regard to soils, RD 9/2005 already prioritized, as far as possible, in situ soil remediation treatments that avoided the generation, transfer and disposal of waste.
- Is it feasible to achieve the objectives set by the regulations? What changes do the usual routines require, especially in companies?
With the involvement of the administrations and an increase in social awareness, this can be achieved. It is clear that a sanctioning regime is necessary, since social awareness is sometimes not enough. We have to internalize at all levels, from the individual to large industries, which are the main generators of waste, that investing money to reduce waste generation is beneficial in the long run.
In the case of industries, there is an increasing awareness of the importance of reducing the impact on the environment. Most industries have their protocols and are very up to date with existing legislation on waste management, but we must be ambitious and get involved in waste reduction and ensure that the economy can really become circular.
“In Spain there is a lack of social awareness and a lot of work on the part of the administrations with respect to waste management.”
- LITOCLEAN’s activity includes waste treatment. Do these regulations alter the company’s procedures?
In LITOCLEAN we have been following for some time the procedures adapted to the European provisions, in line with the regulations applicable in Catalonia. In our company we already follow a circular economy policy, in all projects we seek to recover the maximum possible percentage of waste.
- How does the amount and type of waste going to landfill affect soil contamination?
It affects from the moment that it is a facility that receives waste that accumulates on the ground, obviously prepared to receive it. The importance lies in the fact that landfills must comply with the necessary constructive characteristics to support the type of waste and leachates they generate and that they do not percolate into the subsoil itself. This requires a good control of the existing waste in the landfill, especially its leachates, and the fact that each landfill is built to support a type of waste. For example, hazardous waste cannot be managed in a non-hazardous waste landfill, since the construction characteristics of the latter are not suitable for hazardous waste and do not comply with the regulations to accommodate it.

“Galician law establishes that any person who detects signs of soil contamination must inform the Administration”
- In terms of land in Galicia, what are the novelties of the law?
This law regulates the instruments for the evaluation of soil quality, the declaration of contaminated soils and their effects, and the set of instruments for soil policy. A new feature is the obligation to report, specifically, that any natural or legal person who detects signs of soil contamination as a result of any type of activity must inform the Administration.
It is also noteworthy that both the initial proposal for subsoil characterization or remediation work delivered to the administration and its implementation must be carried out by the same accredited entity, unless there is a justified cause and prior acceptance by the competent body on contaminated soils.