LWill Dordogne set a precedent? This local conflict over waste collection is likely to turn into a legal drama with national resonance.
It all started in 2019. The Dordogne Departmental Combined Waste Association (SMD3) has announced the end of door-to-door collection. From the 1st yeardoes In January 2023, a new system was gradually introduced: voluntary drop-off points (PAV), buried containers where users can dispose of their waste. All neighborhoods in Perigueux have switched to PAV…
LWill Dordogne set a precedent? This local conflict over waste collection is likely to turn into a legal drama with national resonance.
It all started in 2019. The Dordogne Departmental Combined Waste Association (SMD3) has announced the end of door-to-door collection. From the 1st yeardoes In January 2023, a new system was gradually introduced: voluntary drop-off points (PAV), buried containers where users can dispose of their waste. In Périgueux, all neighborhoods have switched to PAV from year 1does july
From the beginning, a collective of opponents was formed. Their Facebook group has 15,000 people, 10% of whom have joined the Dordogne (Amcodd) Garbage Dissatisfied Association, which was created to take the fight to a legal level.
For cancellation?
In June, Amcodd appealed to the Bordeaux administrative court. Purpose: to obtain the annulment of the decision on the establishment of PAVs. Me Adrien Souet (86), a lawyer in Poitiers, refers to the General Code of Local Authorities: “The texts clearly indicate that the main method of collection of household waste is door-to-door collection. Voluntary contribution points are awarded only exceptionally and under certain conditions. »
The conversion of almost all of the Dordogne to PAV would, in his opinion, be enough to cancel the measure. But the lawyer also believes that the terms of application of PAV are wrong.
For example, according to this criterion: the level of public health and environmental protection should be equal between door-to-door collection and voluntary drop-off points. It is enough to see that some buried containers are filled and garbage boxes are piled up in front of it, so that the concept of public health may not be followed.
A community of disgruntled users is posting photos throughout the Périgord to prove that this situation is common. “This is likely to pose a risk to wildlife and the proliferation of harmful species (rats, bees), which is definitely a health and safety risk, as well as an obvious risk to the health of users,” said M.e Suet.
A second criterion for the establishment of PAVs is also discussed: containers must provide a “level of service quality for the individual” as well as “door-to-door” collection. Here, the lawyer claims: “Collection by PAV will especially affect people with limited mobility, disabled people, as well as those who do not have a vehicle. This refers to the principle of equality and non-discrimination. In addition, this new collection method will sometimes require certain users to drive several kilometers with the collected waste in their vehicles. Such elements will definitely be regarded by the courts as synonymous with a deterioration in the quality of service. »
First win
Contacted to prepare the defense arguments, SMD3 did not want to answer our questions. It must be said that there is a thorn in the union: the decision of the Toulouse administrative court. In December 2023, this body ruled in favor of the competitors in the same case. Although the Community of Communes (CdC) Coeur de Garonne (Haute-Garonne) opted for PAVs throughout the area, it was forced to reintroduce door-to-door collection.
The new system was deemed illegitimate precisely because of the same arguments raised by the disaffected Perigordins. “Voluntary drop-off points are a growing practice in France, so this debate is not trivial,” said Sandrine Sarrazin, director general of services at the CdC.
Another Périgord structure, the Association of Citizens Against Waste (ACLD24), also brought the case to the Bordeaux administrative court. In the end, it seems that all parties agree on one thing: the issue should reach the State Council after some time. The Supreme Administrative Court will be responsible for creating case law valid for all of France, which will create a single legal framework for waste collection.
If the courts order a return to door-to-door collection, it will be synonymous with historic waste for the mayors of Dordogne, who largely voted for the new system.