Various Waste Controls
Waste Holder
The definition of a waste holder includes a waste producer or person who is in possession of waste. In case of accidental production of waste, both the occupier and third parties may be considered in possession or holder of waste if, for example, the leakage is due to the third party’s fault. This is without prejudice to the obligations of the occupier.
Where waste has been transferred to an appropriate person for preliminary treatment, the original holder of the waste retains a duty of care to ensure that the person to whom it is transferred deals with it properly and appropriately. Transfers to unauthorised persons were formerly deemed not to be transferred.
The waste producer or waste holder is responsible for carrying out or arranging for an authorised person to carry out the waste. Accordingly, the original producer may not avoid his responsibilities by transferring them to a person who is not an appropriate person.
There is a presumption in prosecutions that carrying out a waste activity other than in accordance with the required authorisation is presumed until the contrary is shown to be likely to cause environmental pollution.
In the case of hazardous waste, a higher onus is on the original waste producer to ensure to obtain and retain proof that the waste has been so delivered by consignment notice.
Licensing
A person who holds waste must be licensed under the waste management facility permit and registration Regulations. Persons landfilling waste require an EPA licence under the Waste Management Act. An integrated pollution control licence may be required in other circumstances.
The Minister for the Environment may exempt collections of particular classes of waste and the requirement for a collection permit. They must be carried out in accordance with requirements, including registration of information about the collector, in the local authority’s register as are provided under the regulations.
Duties
Persons who treat, hold or are otherwise in control of waste must ensure that waste management is carried out so as not to endanger human health or the environment. In particular, there is to be no risk to water, air, soil, plants or animals.
There has to be no nuisance through noise or odours, and it is not to adversely affect the countryside or places of special interest.
Offences
It is an offence to cause, facilitate the abandonment, dump or manage or treat it in an unauthorised manner waste. EPA or local authorities may take prosecutions. There is a fine and/or three years imprisonment on conviction on indictment. On summary conviction, a person in breach is subject to a class B fine and or up to three months imprisonment.
It is an offence to hold, transport, recover or dispose of waste or treat waste in a manner that causes or is likely to cause environmental pollution. The original waste producer or waste holder remains responsible for the treatment of waste. Alternatively, he may have it treated by an authorised person who is to carry on waste treatment operations or have it treated by an authorised waste collector.
Waste Movement
Waste is subject to the EU provisions on the free movement of goods. Waste for recovery is subject to the same provisions. The freedoms are subject to restrictions on public policy and health and safety grounds and may be regulated on this basis.
The EU Waste Framework Directive requires states to establish waste disposal installations so that the Community, as a whole, may become self-sufficient. The general principle is that waste should be disposed of as locally as possible.
The movement of waste should only take place in accordance with waste management plans. Waste movement is not prohibited, provided it does not pose a threat to the environment. The European courts have held that the principle of waste recovery and self-sufficiency does not apply to waste recovery.
EU Regulation harmonises the law on the movement of waste across frontiers. Waste must comply with various international Conventions, including those relating to the carriage of dangerous goods, the Safety of Life at Sea Convention, the Civil Aviation Convention and the Ship Pollution Convention.
Waste movement must be authorised and notified. States have the freedom to introduce limited or more general bans on waste transit. The grounds for objection are provided in the Regulation. The general principle of self-sufficiency and proximity in disposal applies.
Enforcement
National authorities may verify that waste complies with regulations. Classifications of waste may be challenged. This reflects the exception to the general free movement of goods based on public health grounds. There are criteria in respect of the extent to which EU States may object to intra-EU transports of waste.
The EPA is the authority for all waste imports. The local authority or other authority where waste is held prior to export is the authority for exports. Ireland exports a significant amount of hazardous waste to the United Kingdom.
The EPA may prohibit the importation of certain classes of waste. This is subject to overall EU requirements under EU regulation. The prohibition must be publicised.
The import and export of waste must be certified by the competent authority. There must be financial guarantees or other security. Breach of their regulations is an offence.
The EPA has developed a code of practice for environmental risk assessment of unregulated waste disposal sites, water and waste.
Landfill Levy
The Waste Management Act allows for the introduction of a landfill levy, to be collected by a local authority. It may provide for the establishment of an environmental fund controlled by the Department of the Environment.
The Waste Management Landfill Levy Regulations provide a charge for the disposal of waste in landfills. There are exemptions for certain materials including certain construction materials.
The Landfill Levy is to be paid where waste material is deposited to improve or develop land without specific authorisation in a waste licence or permit or certificate of registration or in a planning permission.
The levy is paid in addition to any fee the local authority or private landfill owner may charge for use of the site. The levy is up to €120 per ton.
The landfill levy applies to waste disposal rather than waste recycling. Landfill operators and certain other waste disposal facilities must impose charges. The purpose is to ensure that the full costs are recouped. These charges are in addition to the landfill levy.
Landfill Operators
Landfill operators must have adequate technical ability and competence. The operators must submit a site conditioning plan. There are obligations in relation to dealing with and disposing of certain types of landfill. There are pre-treatment obligations for certain waste.
Certain waste may not be used in landfill. Landfill is subject to EPA licensing under the waste management landfill levy regulations.
Certain landfill is excepted including;
- certain historical landfill;
- sludge spreading for fertilisation;
- use of inert waste for restoration and construction;;
- deposit of certain non-hazardous, non-polluting sludge dredged alongside waterways in which they are being dredged;
- deposit of non-hazardous sludge in surface waters and
- unpolluted non-hazardous inert waste from mining and quarries prospecting.
Animal Waste
The Departments of Agriculture and Food and Communications, Marine and Natural Resources regulate animal and fish products. This is an aspect of food safety regulations. There are requirements regarding the food chain from farm to plate.
The waste legislation does not apply to animal carcasses and animal waste covered by other legislation. EU-derived regulations provide for animal by-products.
This applies to the entire bodies, parts of animals or products of animal origin which are not intended for human consumption. The regulations make provision for the marketing, importation, processing and disposal of animal waste and products of animal origin.
Animal By-Products
There are requirements in respect of transporting, handling, processing and disposal of animal by-products. Animal byproducts, parts of animals or products of animal origin not intended for consumption are subject to special rules.
Animal or animal byproducts may not be buried without an authorisation. Animal byproducts may not be sold or permitted to be sold from travelling shops, vending machines, mail orders and other events. They may be sold from fixed premises.
The provisions are administered by the Department of Agriculture. The regulations are part of general food safety law, which deals with the entire food chain. Persons who operate plants dealing with animal products must obtain approval from the Department of Agriculture. The Department of the Marine grants approval in the case of certain fish products. Producers using animal by-products for taxidermy must be approved.
Fallen Animals
The Diseases of Animals Act regulates the disposal of animal parts. A burial license or authorisation is required for burying an animal or animal by-products.
Approvals may be given by the Department of Agriculture for burial where a single farm animal has died, subject to directions as to how it may be buried. Licenses do not immunise persons burying animals from liability on common law grounds.
Meat Products
A knackery meat feeding licence is required for feeding animal by-products to animals. A knackery meat sellers licence is required for selling or supplying by-products. License holders must ensure that the product is procured from proper and appropriate sources.
A person may not sell or market animal by-products from a travelling shop, vehicle or vending machine, fair, trade fair, exhibition, sporting event or a place where animals are sold, slaughtered or exhibited for a display or competition. Sales may be allowed from fixed premises. Orders may not be solicited from persons, door to door. Certain animal products may not be marketed at all. Breach of the legislation is an offence.
The transport of animal by-products is regulated. It is exempted from general legislation on waste movement.
The rendering of animal products is an IPC activity subject to EPA licensing.
Sludge
The spreading of sewage sludge is waste recovery or disposal in many cases. If the residuary is hazardous or for landfill, it may require a licence, subject to certain thresholds. It is an essential part of the environmental terms and conditions for the Single farm payment and supplementary payments that the applicant complies with good agricultural and environmental practice.
EU regulations provide that sludge may only be used in the manner permitted. Sludge must usually be treated. Residual sludge from septic tanks may be used on grassland, provided it does not subject to grazing within six months.
Persons using sludge must comply with a nutrient management plan. Certain sludges are prohibited. There are obligations on suppliers of sludge. Local authorities maintain a register. Breach of the regulation is an offence. Any person may prosecute. The local authority supervises the supply and use of sludge.
Construction Materials
The Waste Directive 2008 was given effect by the European Communities (Waste Directive) Regulations 2011. The Waste Directive Regulation 2011 amend general obligations regarding waste.
The EPA may be requested for a ruling in relation to whether a waste facility permit licence or certificate of registration is required for various construction work or materials. A contractor may request EPA to confirm that the materials are a by-product. Their decision must be notified to the EPA. The EPA may then determine that the putative byproduct should itself be treated as waste.
It provides that uncontaminated soil and naturally occurring material excavated during construction works, where it is certain that the materials will be used for construction in their natural state on that site, are not deemed to be waste. If it is to be used elsewhere, it may be deemed waste depending on the circumstances and in accordance with the ordinary definitions of waste.
A person who collects waste from a construction site must have the requisite collection permit. He must bring it to an authorised place of disposal.