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The Legal Framework of Constructing and Operating Waste Disposal Site in Saxony-Anhalt, Germany

Misria

In Saxony-Anhalt, located in eastern Germany, the building and waste industry companies reap substantial profits thanks to the legislative and organizational framework governing the establishment and operation of waste disposal and recycling sites, such as landfills. To curtail state expenditures, German state agencies have reduced their staff with the expertise needed to evaluate proposed projects. Instead, they heavily rely on external evaluations conducted by experts closely connected to companies with a vested interest in securing ongoing contracts. While state agencies mandate oversight and safety measures, these responsibilities are delegated to the companies themselves. Only when concrete evidence, in the form of photos and videos, demonstrates that these companies are not fulfilling their obligations, do state agency employees step in to personally inspect the sites. Lastly, the approval of construction bids for waste disposal sites is typically granted unless there is substantial evidence of immediate harm to the environment or public health. In cases where the safety of the ground cannot be definitively ascertained, construction proceeds. Incomplete knowledge regarding geological factors or potential chemical reactions does not hold legal weight as an argument against waste disposal operations.

Baum, Philipp. 2023. "The Legal Framework of Constructing and Operating Waste Disposal Site in Saxony-Anhalt, Germany." In 4S Paraconference X EiJ: Building a Global Record, curated by Misria Shaik Ali, Kim Fortun, Phillip Baum and Prerna Srigyan. Annual Meeting of the Society of Social Studies of Science. Honolulu, Hawai'i, Nov 8-11.

TCEQ: recommendations to improve accountability

tschuetz

The Sunset Advisory Commission is tasked with evaluating the efficiency of over 130 Texas state agencies. A November 2022 news article points out that the group has not reviewed TCEQ's operations for over a decade (Douglas & Martinez 2022). The article also summarizes the Sunset Advisory's recommendations to improve regulation of polluting industries in Texas: 

  • suspending a company's compliance history after major accidents (complicating approval of future permits)
  • increasing of non-compliance penalties from $25,000 per day to $40,000 per day
  • increasing the notice for public hearings and possbility to submit comments up to 36 hours after the hearing


Read more in the Sunset Advisory Commissions 2022–23 staff report.

TCEQ's mission and scope

tschuetz

"TCEQ regulates air, water and land pollution and had a $429 million budget in 2021; it oversees more than 250,000 permits ranging from small-scale landscape irrigation to major petrochemical plants." (Douglas & Martinez 2022).

"TCEQ Commissioner Jon Niermann said the agency’s permitting decisions could not be racist because the TCEQ does not choose the location of industrial facilities." (Douglas & Martinez 2022)