Environmental law issues regarding PFAS pollution in water around landfills in Sweden

Abstract

In this paper, the regulatory framework for PFAS is addressed, using the traditional legal method to analyze the rules and structures of existing laws and regulations in Sweden. The aim is to analyze and problematize the legal situation regarding PFAS in water around landfills, with a focus on leachate. The starting point is the updated risk assessment of PFAS and the requirements for a non-toxic and healthy environment. The study shows strengths and weaknesses with the environmental legal framework for PFAS contamination at landfills in Sweden. Four central problems have been highlighted: (1) production – we continue to send waste containing PFAS to landfills; (2) old landfills that are not in use but pose a high risk of spreading PFAS; (3) landfills in operation, which comply with current regulations but have large concentrations of PFAS in leachate (and surrounding water); and (4) PFAS propensity for long-range dispersal. The revised health-based guideline from EFSA underscores the heightened danger of PFAS, emphasizing the need to minimize the risk of long-term exposure. It takes time to implement changes to the legal system. While it is possible to regulate purification and permitted levels of PFAS in leachate through permit conditions, this opportunity is rarely used. A large responsibility therefore rests on the authorities responsible for the licensing of landfills to align the individual permits with up-to-date scientific knowledge on PFAS risks.