Waste Collection
Waste Facilities
Larger local authorities must provide facilities for the recovery and disposal of household waste within their functional areas. Planning authorities and Bord Pleanála must ensure that reasonable measures are taken so as to secure appropriate provision for waste management, particularly for recyclable materials within developments, including facilities for the storage, separation and collection of waste and recyclable materials.
Local authorities may provide facilities including civic waste facilities, facilities of segregation, mixing, storage, treatment of waste, recovery of waste and the disposal of waste other than household waste. They are not obliged to provide the above facilities for commercial and industrial waste, although they may do so.
Disposal
A local authority may agree with others, including other local authorities, to provide for the disposal of waste. The local authority or the EPA may, if they consider necessary, subject to conditions as may be prescribed, require holders of classes of waste other than household waste to dispose of or arrange for its disposal in such manner and such conditions as are specified.
Failure to do so is an offence. Questions have arisen as to whether the compulsory use of a particular waste provider might be contrary to competition law.
Local authorities may prescribe conditions for the disposal of waste at their facilities. Breach of the conditions or bye-laws is an offence. Local authorities must take steps to bring the conditions to the public’s attention. Steps may be taken to enforce the rules, including the recovery of costs against offenders.
Household Waste
Local authorities are obliged to arrange or provide facilities for household waste disposal and recovery. Requirements can be made in relation to the presentation of litter for collection.A local authority is not obliged to collect waste unless it is presented in the specified manner, relevant charges are paid, any substance or material prohibited is included.
Local authorities’ obligations in respect of household waste do not apply where there is an adequate alternative service available in any part of their jurisdiction, where the costs would be unreasonably high or where the council is satisfied, the owner may make arrangements for waste disposal himself.
Segregation
The Circular Economy, Waste Management (Amendment) and Minerals Development (Amendment) Act provide for the introduction of a requirement for segregated waste bins and incentivised charging for the commercial sector to ensure waste minimisation and proper segregation in the sector, as well as a number of technical measures to streamline the functioning of the National Waste Collection Permit Office.
Other Waste
Local Authorities have the discretion to provide other waste disposal and recovery facilities. They are not obliged to provide facilities for commercial and industrial wastes. There is an exception in respect of end of life vehicles. They may collect non-domestic waste.
The local authority is responsible for waste once it is lawfully taken into its custody. It is an offence to remove or interfere with anything deposited as waste or to obstruct or interfere with the collection of waste.
LA Waste Charges & Byelaws
Local authorities may make bylaws in relation to waste collection. These may deal with the segregation of waste, the locations and times for collecting waste and the methods of collecting charges. The local authority is not obliged to collect waste which does not comply with the byelaws.
A local authority may charge for providing waste. This is a matter for the county manager/ chief executive rather than the elected members. Where a premises comprises more than one dwelling, the owner is liable for the charge.
Generally, the service charge is payable by and recoverable from the recipient of the service or, where provided for premises, the occupier. Charges may be waived on the grounds of hardship.
The council may take legal action to recover the charges as a debt. Requirements can be made showing proof of payment, such as a tag etc.
Waste Brokers and Dealers
A waste broker is a person who arranges the recovery or disposal of waste on behalf of others. It includes those who do not physically handle waste.
A waste dealer is a person who acts as principal to purchase and later sell waste. It includes those who do not physically handle waste.
Waste brokers and waste dealers must apply for licensing to the competent authority. The procedure for application is prescribed by regulations. The application may be granted or refused a grant with or without conditions.
The broker or dealer must be a fit and proper person. The licensing authority must be satisfied that all appropriate information and material has been furnished. It must be satisfied that the broker or dealer is not likely to cause environmental pollution or breach legislation.
The applicant must be a fit and proper person which requires that
- it has not been convicted of breaches of environmental legislation
- has the requisite capacity and qualifications to carry out the activity and
- is in a position to meet financial commitments and liabilities, including in particular, takeback obligations.
Registration
The of registration is for a five-year period and is entered on a register of waste brokers and dealers. It may contain conditions to secure compliance with waste legislation and the protection of the environment. It will require records to be kept, including the provision of data to the authority for waste movement and monitoring of waste movement.
The certificate may be reviewed under certain circumstances where it is likely the activity is likely to cause environmental pollution. Procedures apply to revocation of the licence.
The refusal of an application for renewal may be the subject of an appeal to the District Court within 30 working days.
Breach of the legislation is a criminal offence. It is subject on conviction summarily to a fine of €3000 or imprisonment for three months or both, or on conviction on indictment to a fine of €500,000 or imprisonment up to 3 years or both.
National Waste Collection Office
Waste management collection is subject to a permitting scheme. It is administered by the National Waste Collection Permit Office, which is operated by Offaly County Council.
An application is made to the office. Broadly similar licensing procedures apply as apply to other waste and planning type applications.
Further information can be requested. Documents are available to the public. Observations may be made.
Waste Collection Permit
The waste collection permit may be granted or refused. The office must be satisfied when granting the permit that the activity concerned, if carried out in accordance with the applicable conditions, will not cause environmental pollution. The applicant must be a fit and proper person. Emissions must not involve a breach of any relevant standard or emission limit, et cetera.
An existing collection permit may be reviewed when
- there has been a change in the nature of the activity,
- at the request of the relevant local authority where the activity is undertaken
- where the waste management plan for the region concerned requires reviews of permits.
Procedures apply to the review of permits.
The waste management collection permit regulations 2015, as amended, require that household waste charging be determined by weight.