Abstract
The chapter examines some of the most important jurisprudential and legal considerations arising from waste management with an analytical-descriptive method. Finally, it concludes that recycling should be done with the principle of precaution and prevention. But if it leads to damages, the fault-based system cannot compensate for the damages due to the difficulties it has in the proof process. Therefore, the use of a pure/absolute liability system and the promotion of specialized insurance in this regard are recommended.
TopIntroduction
Due to severe quantitative and qualitative limitations of water resources and increasing the production and discharge of environmental pollutants, wastewater recycling is necessary for water resources management and environmental protection (Salgot & Folch, 2018). The use of raw wastewater or recycled wastewater has long been common in various countries around the world. The available data show that in the tenth century AH, sewage was used for agriculture in the suburbs of Isfahan (Rowe & Abdel-Magid, 2020). The use of effluents can be studied from different aspects that should be studied. In this regard, researchers have often addressed environmental, economic, and health issues (Rosiek, 2020). But in addition to the above, there are other requirements without which a comprehensive and effective result in the management and operation of wastewater will never be achieved. Issues such as legal, religious, social, and cultural considerations have direct and indirect effects on the management of wastewater supply and demand and complicate the presentation of these renewable resources’ patterns. A group of researchers has studied and analyzed the possibility of using wastewater to find its compliance with legal and social requirements. According to these studies, the importance of considering legal requirements and social risks is such that if all aspects of reuse are anticipated, the effluent recycling system may also fail, and that is when the designers, legal and social considerations of wastewater reuse Have not been well studied. In water and wastewater management, the status of constitutions, civil, criminal, and penal laws is very important; As the necessary tools for encouragement and punishment should be determined following these laws, it should be based on the national policy of water resources and the environment and emphasize the social considerations of meeting the needs and protection of the ecosystem. It also guarantees the right to use wastewater to allow for public investment and public and private participation in wastewater management.
In this research, an attempt is made to examine and analyze the legal considerations and responsibilities of wastewater recycling, especially from environmental law (Villarín & Merel, 2020). In fact, in wastewater recycling, what legal principles must be observed to comply with environmental law? Therefore, the most important legal principles and considerations are studied in this way. In addition, there will be a liability for wastewater recycling and environmental damage from effluents that may be harmful to the environment and society. The question is, what is such a responsibility based on? Therefore, it is necessary to address the principles on which the responsibilities arising from wastewater recycling are based. The present research is carried out with an analytical-descriptive method and based on the library process and using written and Internet sources, including technical and legal sources (laws and regulations, judicial procedure, jurisprudential sources, etc.). The results of this study will play a very important role in the management and planning of wastewater recycling and reduce the risks and dangers of reuse in the Iran.
Key Terms in this Chapter
Transboundary Responsibility: Defined in the international law context as an obligation to protect one’s environment and prevent damage to neighboring environments, UNEP considers transboundary responsibility at the international level as a potential limitation on the sovereign state’s rights.
Precautionary Principle: One of the most commonly encountered and controversial principles of environmental law, the Rio Declaration formulated the precautionary principle: To protect the environment, the precautionary approach shall be widely applied by States according to their capabilities.
Equity: Defined by UNEP to include intergenerational equity—“the right of future generations to enjoy a fair level of the common patrimony”—and intragenerational equity—“the right of all people within the current generation to fair access to the current generation’s entitlement to the Earth’s natural resources”—environmental equity considers the present generation under an obligation to account for long-term impacts of activities and to act to sustain the global environment and resource base for future generations.
Prevention: The concept of prevention can perhaps better be considered an overarching aim that gives rise to a multitude of legal mechanisms, including prior assessment of environmental harm, licensing or authorization that set out the conditions for operation and the consequences for violation of the conditions, as well as the adoption of strategies and policies.
Polluter Pays Principle: The polluter pays principle stands for the idea that “the environmental costs of economic activities, including the cost of preventing potential harm, should be internalized rather than imposed upon society at large.”