Effect of Landfill Arson to a “Lax” System in a Circular Economy under the Current EU Energy Policy: Perspective Review in Waste Management Law

The current EU energy policy aims to diversify energy sources to ensure energy security while decarbonising the economy and promoting low carbon and clean energy technologies. These tasks are carried out under the European Green Deal Program. Therefore, the overriding goal at present is to search for new sources of energy, including energy recovery from waste. In EU countries, the legal system for waste management is adapted to the circular economy. In Poland, due to the legal possibility of temporary storage and disposal of waste, a substantial volume of industrial waste is temporarily stored and landfilled (above 40%), compared to the importance of waste subjected to treatment. Moreover, energy recovery from waste accounts for a negligible share (below 5%). It may be due to the high costs of these processes, stringent emissions and environmental quality standards. Therefore, as in certain EU countries, the problem of landfill site arson attacks has been exacerbated in Poland (177 fires in 2019). The aim of this article is to determine the relationship between the application of the existing regulations concerning closed-loop waste management and the effectiveness of methods, ways and economic instruments preventing the illegal burning of landfill waste in Poland under the current EU energy policy. Therefore, it can be assumed that this system is not complete. Based on factor force analysis at a scale 1–5, it was found that technological (3.4), legal (3.16) and economic (3.0) factors have the greatest impact on this system. The waste management system should be oriented towards increased waste recovery and a more significant reduction in the volume of temporarily stored waste and landfill waste. It should be considered whether the current move away from the incineration of waste, according to the new EU energy policy, is a better solution in environmental and economic terms than incurring very high costs due to eliminating the effects of the incineration of landfill waste that causes environmental damage