Waste Collection
Waste Management Act
PART IV
Holding, Collection and Movement of Waste
General duty of a holder of waste.
32.—F98[(1) A person shall not—
(a) cause or facilitate the abandonment, dumping or unauthorised management or treatment of waste, or
(b) hold, transport, recover or dispose of waste, or treat waste, in a manner that causes or is likely to cause environmental pollution.
(1A)(a) It shall be the responsibility of the original waste producer or other waste holder to carry out the treatment of waste himself or herself or have the treatment handled by a dealer or an establishment or undertaking which carries out waste treatment operations or arranged by a private or public waste collector in accordance with section 21A and subsection (1).
(b) The Agency, the local authorities and Dublin City Council shall take the necessary measures to ensure that, within their territory or area of responsibility, the establishments or undertakings which collect or transport waste on a professional basis deliver the waste collected and transported to appropriate treatment installations in accordance with subsection (1).]
(2) A person shall not, save in such circumstances as may be specified under subsection (4), transfer the control of waste to any person other than an appropriate person.
F99[(2A)(a) When the waste is transferred from the original waste producer or waste holder to an appropriate person for preliminary treatment, the responsibility for carrying out a complete recovery or disposal operation shall not be discharged as a general rule.
(b) Without prejudice to the TFS Regulation, the Agency and Dublin City Council, as the case may be, may specify the conditions of responsibility and decide in which cases the original producer is to retain responsibility for the whole treatment chain or in which cases the responsibility of the producer and the holder can be shared or delegated among the actors of the treatment chain.
(2B) The Minister or any Minister of the Government concerned may, in carrying out their functions under this Act, decide, by measures taken to give effect to Article 8 of the Waste Directive, that the responsibility for arranging waste management is to be borne partly or wholly by the producer of the product from which the waste came and that distributors of such product may share this responsibility.]
(3) A holder of waste shall, without delay, inform—
(a) the local authority in whose functional area the loss, spillage, or other matter mentioned in this subsection occurs, or
(b) in the case of hazardous waste, both the said local authority and the Agency,
of any loss, spillage, accident or other development concerning that waste which causes, or is likely to cause, environmental pollution.
(4) The Minister may by regulations—
(a) provide that the holder of a specified class or classes of waste shall effect and maintain a policy of insurance insuring him or her to a specified extent as respects any liability on his or her part to pay damages or costs on account of injury to person or property arising from the holding by him or her of the waste,
(b) provide that on the transfer of waste, in specified circumstances, the holder of the waste shall provide to the transferee specified particulars in writing of the waste so as to enable that person to avoid a contravention of the relevant provisions of this Act,
(c) provide that subsection (2) shall not apply in specified circumstances.
(5) In this section “an appropriate person” means a local authority, the corporation of a borough that is not a county borough, the council of an urban district, or a person otherwise authorised under and in accordance with this Act or the Act of 1992 F100[(including a dealer)] to undertake the collection, recovery or disposal of the class of waste in question.
(6) (a) A person who contravenes subsection F101[(1), (1A)(a), (2)] or (3) or a provision of regulations under subsection (4) shall be guilty of an offence.
(b) In a prosecution for a contravention of subsection (1), it shall be a good defence to prove that the activity concerned was carried on in accordance with a waste collection permit or waste licence under this Act F102[, a permit, authorisation or certificate referred to in section 39(5)(c) (inserted by Statutory Instrument No. 166 of 1998)] or a licence or revised licence F103[for an integrated pollution control activity] under Part IV of the Act of 1992.
F102[(c) In a prosecution for a contravention of subsection (1), where it is proved that—
(i) a waste collection permit or waste licence under this Act, a permit, authorisation or certificate referred to in section 39(5)(c) or a licence or revised licence under Part IV of the Act of 1992 was required for the carrying on of the activity concerned, and
(ii) such a permit, licence, authorisation or certificate was not in force in respect of the carrying on of that activity or was not being complied with in any respect,
then it shall be presumed, until the contrary is shown, that the carrying on of that activity was likely to cause environmental pollution.]
(7) F104[…]
Annotations
Amendments:
F98
Substituted and inserted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 16(a).
F99
Inserted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 16(b).
F100
Inserted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 16(c).
F101
Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 16(d).
F102
Inserted (22.10.2003) by Protection of the Environment Act 2003 (27/2003), s. 29, S.I. No. 498 of 2003.
F103
Inserted (23.04.2013) by European Union (Industrial Emissions) Regulations 2013 (S.I. No. 138 of 2013), reg. 26.
F104
Deleted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 16(e).
Editorial Notes:
E315
Power pursuant to section exercised (2.04.2018) by Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2018 (S.I. No. 96 of 2018), in effect as per reg. 2.
E316
Power pursuant to section exercised (19.12.2017) by Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2017 (S.I. No. 598 of 2017).
E317
Power pursuant to section exercised (14.09.2017 and 1.10.2017) by Waste Management (Tyres and Waste Tyres) Regulations 2017 (S.I. No. 400 of 2017), part in effect on date of making, and part as per reg. 1(2).
E318
Power pursuant to section exercised (16.01.2016) by Waste Management (Collection Permit) (Amendment) Regulations 2016 (S.I. No. 24 of 2016).
E319
Power pursuant to section exercised (15.05.2015) by Waste Management (Facility Permit and Registration) (Amendment) Regulations 2015 (S.I. No. 198 of 2015).
E320
Power pursuant to section exercised (15.05.2015) by Waste Management (Collection Permit) (Amendment) Regulations 2015 (S.I. No. 197 of 2015).
E321
Power pursuant to section exercised (7.07.2014) by Waste Management (Facility Permit and Registration) (Amendment) Regulations 2014 (S.I. No. 320 of 2014).
E322
Power pursuant to section exercised (31.03.2008) by Waste Management (Facility Permit and Registration) (Amendment) Regulations 2008 (S.I. No. 86 of 2008).
E323
Power pursuant to section exercised (31.03.2008) by Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), in effect as per reg. 2.
E324
Power pursuant to section exercised (20.05.1998) by Waste Management (Miscellaneous Provisions) Regulations 1998 (S.I. No. 164 of 1998), in effect as per reg. 1(2).
E325
Power pursuant to section exercised (20.05.1998) by Waste Management (Hazardous Waste) Regulations 1998 (S.I. No. 163 of 1998), in effect as per reg. 2.
E326
Contraventions under subss. (1) and (3) prescribed for purposes of Environmental Protection Agency Act 1992 (7/1992), s. 84(4)(a) (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 41(c).
E327
Responsibility for enforcement of obligations imposed by section assigned to local authorities or the Agency, as the case may be, (31.03.2008) by Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), reg. 40(1)(b), in effect as per reg. 2.
E328
Offence under subs. (6) prescribed as offence for purposes of Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), regs. 36 and 38, (31.03.2008) by Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), reg. 22(g), in effect as per reg. 2.
E329
Offence under subs. (6) prescribed as offence for purposes of s. 34(5)(a) (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), reg. 21(g), in effect as per reg. 1(2).
E330
Previous affecting provision: power pursuant to section exercised (1.04.2010, 10.04.2010, and 1.12.2010) by Waste Management (End-of-Life Vehicles) (Amendment) Regulations 2010 (S.I. No. 142 of 2010), in effect as per reg. 3; as the only effect of this instrument was to amend S.I. No. 282 of 2006, it was rendered obsolete by its revocation, see below.
E331
Previous affecting provision: pursuant to section exercised (16.07.2008) by Waste Management (Batteries and Accumulators) Regulations 2008 (S.I. No. 268 of 2008); revoked by European Union (Batteries and Accumulators) Regulations 2014 (S.I. No. 283 of 2008), reg. 49(1), subject to transitional provision in para. (2) and construed as per para. (3), as amended (30.07.2017) by European Union (Batteries and Accumulators) (Amendment) Regulations 2014 (S.I. No. 349 of 2014), reg. 2.
E332
Previous affecting provision: pursuant to section exercised (15.12.2007 and 31.03.2008) by Waste Management (Packaging) Regulations 2007 (S.I. No. 798 of 2007), in effect as per reg. 3; revoked (21.06.2014) by European Union (Packaging) Regulations 2014 (S.I. No. 282 of 2014), reg. 36(1), in effect as per reg. 3; subject to transitional provision and construed as per reg. 36(2) and (3).
E333
Previous affecting provision: power pursuant to section exercised (1.01.2008) by Waste Management (Tyres and Waste Tyres) Regulations 2007 (S.I. No. 664 of 2007), in effect as per reg. 1(2); revoked (1.10.2017) by Waste Management (Tyres and Waste Tyres) Regulations 2017 (S.I. No. 400 of 2017), in effect as per reg. 1(2).
E334
Previous affecting provision: pursuant to section exercised (8.06.2006) by Waste Management (End-Of-Life Vehicles) Regulations 2006 (S.I. No. 282 of 2006), in effect as per reg. 3; revoked (21.06.2014) by European Union (End-of-Life Vehicles) Regulations 2014 (S.I. No. 281 of 2014), reg. 37(1), in effect as per reg. 3; subject to transitional provision and construed as per reg. 37(2) and (3).
E335
Previous affecting provision: contraventions under subss. (1) and (3) prescribed (12.07.2004) for purposes of Environmental Protection Agency Act 1992 (7/1992), s. 84(4)(a) by Environmental Protection Agency (Licensing) (Amendment) Regulations 2004 (S.I. No. 394 of 2004), reg. 6(c), in effect as per reg. 2; revoked (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 42(1) and sch. 2, subject to transitional provision in para. (2).
E336
Previous affecting provision: application of subs. (2) restricted (20.05.1998) by Waste Management (Miscellaneous Provisions) Regulations 1998 (S.I. No. 164 of 1998), reg. 5, in effect as per reg. 1(2); deleted (8.12.2008) by Waste Management (Certification of Historic Unlicenced Waste Disposal and Recovery Activity) Regulations 2008 (S.I. No. 524 of 2008), reg. 12.
Collection of waste.
33.—(1) (a) Each local authority shall collect, or arrange for the collection of, household waste within its functional area.
(b) The corporation of a borough (other than a county borough) or the council of an urban district may collect, or arrange for the collection of, household waste.
(2) Subsection (1) (a) shall not apply to household waste in any part of a local authority’s functional area to the extent that any of the conditions mentioned in subsection (3) applies to that part or, as appropriate, to that household waste.
(3) The conditions referred to in subsection (2) are—
(a) an adequate waste collection service is available in the part concerned of the local authority’s functional area,
(b) the estimated costs of the collection of the waste concerned by the local authority would, in the opinion of the authority, be unreasonably high,
(c) the local authority is satisfied that adequate arrangements for the disposal of the waste concerned can reasonably be made by the holder of the waste.
(4) A local authority may collect, or arrange for the collection of waste, other than household waste.
(5) A local authority may enter into arrangements with one or more other local authorities, or with one or more other persons, for the collection on its behalf by the said authority or authorities or, as the case may be, by the said person or persons, of waste in its functional area or in a part or parts of that area.
(6) Notwithstanding any other provision of this Act, a local authority shall be under no duty to collect, or arrange for the collection of, waste from any person—
(a) if any provision of bye-laws under section 35 regarding the presentation of the waste for collection is not complied with F105[(and, for the avoidance of doubt, such a provision includes the provision referred to in section 35(3)(gg))], or
F105[(aa) if any provision of an order under section 75(10) in relation to the waste is not complied with, or
(aaa) if that person has failed to pay a charge made under section 75 or the Local Government (Financial Provisions) (No. 2) Act 1983 in respect of the collection of the waste concerned, or]
(b) if the waste contains any product or substance or packaging therefor in contravention of regulations under section 29.
(7) Waste collected or recovered by a local authority shall become the property of the authority.
(8) (a) A person shall not, without lawful authority, disturb, interfere with or remove—
(i) anything deposited at a facility provided by or on behalf of a local authority or an authorised waste collector for the deposit or storage of waste, or any plant, including any receptacles therein,
(ii) anything deposited in a receptacle for waste, whether such receptacle is for the use by members of the public or otherwise.
(b) A person shall not obstruct or interfere with the collection of waste by a local authority or an authorised waste collector.
(c) A person who contravenes paragraph (a) or (b) shall be guilty of an offence.
(9) For the purpose of this section, other than subsection (1), “local authority” includes the corporation of a borough of any kind and the council of an urban district.
Annotations
Amendments:
F105
Inserted (8.09.2003) by Protection of the Environment Act 2003 (27/2003), s. 30, S.I. No. 393 of 2003.
Waste collection permits.
34.—(1) F106[(a) Subject to paragraph (b), a person other than a local authority shall not, for the purposes of reward, with a view to profit or otherwise in the course of business, F107[collect or transport waste], on or after such date as may be prescribed, save under and in accordance with a permit (in this Act referred to as a “waste collection permit”) granted by—
(i) the local authority in whose functional area the waste is collected,
(ii) such other local authority as stands nominated for the purpose in accordance with paragraph (aa), or
(iii) such other body or bodies as may be prescribed.
(aa) Where two or more local authorities—
(i) have jointly made, or propose jointly to make, a waste management plan under section 22(3), or
(ii) are otherwise cooperating with one another to achieve common objectives with respect to waste management in their functional areas,
the local authorities may or shall, if the Minister requires them to do so, decide that, for the purposes of the said plan or the achievement of the said objectives, one of them shall perform each of F107[the functions under this section or section 34A in relation to waste collection permits or review of waste collection permits] with respect to each of their functional areas and, accordingly, nominate that local authority for that purpose.]
(b) The Minister may make regulations providing that paragraph (a) shall not apply in respect of the F107[collection or transport of waste] where such F107[collection or transport] is carried out in compliance with such requirements (which may include a requirement as to the entry of specified particulars concerning the person carrying out the F107[collection or transport] in the register maintained by the local authority concerned under section 19) as are specified in the regulations.
(c) A person who contravenes paragraph (a) or any requirement of regulations under paragraph (b) shall be guilty of an offence.
F108[(1A) In this section—
“waste” means different waste, including household waste, or a class or classes of waste as may be prescribed;
“household waste” means different household waste or a class or classes of household waste as may be prescribed.]
(2) (a) The Agency may give such guidance or directions to a local authority or local authorities generally as it considers appropriate in relation to the control to be exercised or the measures to be taken by it or them of, or with regard to, the F109[collection or transport of hazardous waste] by persons in its or their functional area or areas or the grant by it or them of waste collection permits in respect of such waste.
(b) A local authority shall have regard to any guidance and comply with any direction given to it under paragraph (a) in performing any of its functions under this section or section 33, as appropriate.
(3) On an application being made to a local authority for the grant of a permit under this section, the authority may decide to grant the permit, subject to, or without, conditions or to refuse to grant the permit.
F110[(4) A local authority shall not grant a waste collection permit unless it is satisfied that—
(a) the applicant is a fit and proper person within the meaning of section 34D to hold a waste collection permit, and
(b) the activity concerned would not, if carried on in accordance with such conditions as may be attached to the permit, cause environmental pollution, and that the grant of the permit is consistent with the objectives of the relevant waste management plan or the hazardous waste management plan, as the case may be, and the implementation of that plan.]
(5) (a) Without prejudice to subsections F111[(3) and (4)], an application for a waste collection permit may be refused, or a waste collection permit may be revoked F112[under section 34A], if the applicant, permit holder or any other relevant person has been convicted of an offence under this Act prescribed for the purposes of this subsection, or of an offence under any other enactment, or instrument under an enactment, as may be so prescribed.
(b) The reference in paragraph (a) to a relevant person is a reference to a person whom the local authority determines to be relevant for the purposes of considering the application concerned or, as the case may be, of deciding whether to revoke the waste collection permit, having had regard to any criteria that the Minister by regulations provides it is to have regard to in determining such a matter.
(6) F113[…]
F114[(7) (a) Conditions attached to a waste collection permit shall specify the requirements to be complied with by the holder of the permit (“permit holder”) in respect of the activities to which the permit relates (“activities concerned”).
(b) Conditions may, or, if the Minister so prescribes under paragraph (e) or subsection (11)(b)(v), shall be attached under paragraph (a) to a waste collection permit specifying requirements in relation to the following:
(i) weighing of household waste collected or transported;
(ii) reporting of the weight of household waste collected or transported to the person who presents the household waste for collection being either the original waste producer or, as the case may be, the person who arranges, on behalf of more than one original waste producer occupying apartments, duplexes, maisonettes or any combination of such dwellings for collection of their waste (“person who presents household waste for collection”);
(iii) subject to paragraph (f)(i) and (ii), charging of fees for household waste collection or transport services;
(iv) in relation to collection of household waste, preparing and publishing a customer charter and its form and content;
(v) providing information to the person who presents household waste for collection that identifies the vehicle used for that collection;
(vi) requiring that waste is segregated before it can be collected or transported;
(vii) providing separate receptacles for different household waste;
(viii) collection or transport of different household waste at specified frequencies;
(ix) with regard to persons from whom household waste is collected by an authorised waste collector, providing the following information to the local authority, when requested to do so under section 18, regarding collections of household waste from those persons—
(I) details of the collection of separate classes of household waste,
(II) details of persons who choose not to partake in the collection of separate classes of household waste,
(III) details of when household waste was last collected, and
(IV) written confirmation of the structure of the fees being charged to the person from whom the waste is collected, including, where appropriate, billing information which indicates the pay by weight charge element of the fees charged for the collection of household waste.
(c) Conditions may, or if the Minister so prescribes under paragraph (e) or subsection (11)(b)(v), shall also be attached under paragraph (a) to a waste collection permit specifying requirements in relation to the following:
(i) waste which may be collected;
(ii) separate collection of waste;
(iii) prohibition of certain practices by a permit holder in order that waste which has been segregated prior to collection or transport does not become unsuitable for recycling or recovery;
(iv) the place to which waste is required to be delivered for preparation for reuse, recovery or disposal;
(v) methods, receptacles (including skips and skip bags) and vehicles to be employed by a permit holder in the collection or transport of waste, including requirements regarding dimensions of receptacles, care and disposal of the contents of the receptacles, the periods during which receptacles may be left in a public place, the locations from which different receptacles may be collected, the supervision by the permit holder of their use and the restriction to such persons as may be prescribed of the placing in or removal from any place of receptacles;
(vi) the display of identifying marks or colours on a receptacle or vehicle referred to in subparagraph (v);
(vii) complying with technical, environmental, inspection or safety measures or standards (including standards regarding the presentation, segregation, weighing, packaging or labelling of waste);
(viii) keeping and preserving of records and supplying information to the local authority, or any other person as may be prescribed, in relation to the activities concerned;
(ix) effecting and maintaining a policy of insurance insuring the permit holder as respects any liability on his or her part to pay damages or costs on account of injury to a person or property arising from the activities concerned;
(x) matters consequent on measures that may be taken under section 35;
(xi) matters consequent on measures that may be taken under Part II;
(xii) matters consequent on giving effect to Community Acts;
(xiii) information to be furnished to customers (including providing information to customers on the presentation, segregation, packaging or labelling of waste or the charges payable for its collection or transport);
(xiv) matters consequent on the implementation and demonstration of the implementation of the waste hierarchy referred to in section 21A;
(xv) undergoing specified training in relation to the activities concerned;
(xvi) inspecting and acceptance of waste by a permit holder;
(xvii) effecting and maintaining an environmental management system, within the meaning of section 27, in respect of the activities concerned;
(xviii) the hours between which waste concerned may be collected in specified areas;
(xix) effecting and maintaining a customer complaint management system;
(xx) preventing the occurrence of littering from vehicles in the course of the activities concerned;
(xxi) having information, in such form as may be specified in a waste collection permit, to accompany and be carried in the vehicle transporting the waste;
(xxii) as respects contamination that may be caused by the incorrect separation of household waste from other waste in receptacles for segregated household waste—
(I) monitoring by a permit holder of levels of contamination,
(II) recording and maintaining specified data on levels of contamination,
(III) training to be provided for staff of a permit holder in relation to monitoring contamination, or
(IV) protocols and procedures where contamination is detected by the collector, including for informing the person who presents household waste for collection or non-collection of the receptacle.
(d) Conditions shall be attached under paragraph (a) to a waste collection permit specifying requirements in relation to the following:
(i) collection only of a European Waste Catalogue waste type specified on the waste collection permit;
(ii) deposit of waste only at a facility specified on the waste collection permit;
(iii) use only of a vehicle specified on the waste collection permit for the collection of waste;
(iv) carrying of a copy, in a form specified in the permit, of the waste collection permit on each vehicle;
(v) display of the permit holder name or number on promotional material, vehicles, skips, receptacles or bags of the permit holder;
(vi) submission of specified information on a periodic basis to the local authority in such form and at such frequency as may be specified on the waste collection permit;
(vii) where a weighing system is used to determine weight-based collection charges, submission of confirmation of an annual inspection of the weighing system used by the permit holder in accordance with the Legal Metrology (General) Regulations 2008 (S.I. No. 323 of 2008), in such form that may be specified on the waste collection permit.
(e) The Minister, where he or she considers that it is necessary for waste management in accordance with the principle that the costs of that management shall be borne by the original waste producer or by the current or previous waste holders, shall make regulations prescribing a requirement for attachment of a condition to a waste collection permit that a permit holder shall charge fees for the collection or transport of household waste.
(f) Regulations under paragraph (e) shall provide for the means by which fees for collection or transport of household waste shall be calculated by a permit holder and shall require a permit holder to—
(i) charge a fee for each kilogramme of household waste collected or transported which fee shall only be calculated by reference to weight of household waste collected and transported, and for the avoidance of doubt, methods of calculation of a fee based on pay by lift or throw, tags or a flat-rate shall not be considered to be calculated by reference to weight of waste collected,
(ii) charge a service fee, as considered appropriate by the permit holder (including a nil fee), in addition to the fee referred to in subparagraph (i),
(iii) demonstrate by prescribed means if the fees charged for collection or transport of waste incentivise household waste prevention and household waste segregation, and
(iv) furnish to an authorised person, information in a prescribed form, regarding the billing system used by the permit holder in respect of fees referred to under subparagraph (i) or (ii).
(g) (i) For the purposes of paragraph (f)(i), the Minister shall prescribe the minimum amount of the fee required to be charged for each kilogramme of household waste collected or transported and that minimum fee shall be based on the approximate cost per kilogramme of managing segregated household waste, including its collection from the person who presented that waste for collection, its delivery to an authorised facility by a permit holder and its final treatment, which in any event shall not exceed an amount of 30 cent per kilogramme of household waste.
(ii) The Minister shall review the costs of managing household waste, on which the minimum charges prescribed under subparagraph (i) are based, at least every 12 months and may amend the amount of the fee prescribed under subparagraph (i).
(iii) The Minister following a review under subparagraph (ii), once and only once in each financial year beginning in the financial year that he or she first prescribes under subparagraph (i), may substitute for the amount of the fee prescribed under subparagraph (i), an amount which does not exceed the amount so prescribed by 5 cent.]
(8) (a) A local authority, before making a decision in relation to an application made to it for the grant of a waste collection permit, shall consider any submissions made to it under and in accordance with regulations under subsection (11) in relation to the application.
(b) A local authority shall, if it decides—
(i) to grant F115[…] a waste collection permit, or
(ii) to refuse to grant F115[…] such a permit,
forthwith notify the applicant therefor F115[…] of the decision and the reasons for the decision.
(9) (a) An applicant for F116[…] a waste collection permit may, within one month of the date of a notice under subsection (8), appeal against the decision of the local authority concerned to the judge of the District Court for the District Court district in which the principal office of the local authority is situate.
(b) On the hearing of an appeal under this subsection, the judge of the District Court may make an order giving such directions to the local authority concerned as he or she thinks proper in relation to the grant F116[…] of a waste collection permit F116[…].
(10) A contravention of any provision of section 32 or 39, or of any condition of a waste collection permit, by any person employed by or on behalf of, or otherwise carrying out any waste collection activity for, or on behalf of, the holder of the permit, shall be deemed to also be a contravention of the provision or condition, as the case may be, by that holder.
F117[(10A) A person who, under this section furnishes information to a local authority which is to his or her knowledge false or in a material respect misleading, shall be guilty of an offence.]
(11) (a) The Minister may make regulations for the purpose of this section.
(b) Without prejudice to the generality of paragraph (a), regulations under this subsection may make provision in relation to all or any of the following matters—
(i) the form in which an application for the grant of a waste collection permit (“a permit”) shall be made and the form of a permit;
F118[(ia) prescribing a class or classes of waste or household waste for purposes of a waste collection permit or conditions that may or shall be attached to that permit, including by reference to the nature or quantity of the waste, its presentation for collection or whether it is to be segregated;]
(ii) information and particulars to be submitted by an applicant for the grant of a permit, and verification of such information and particulars;
(iii) specifying the period within which an application for the grant of a permit shall be dealt with by a local authority;
(iv) matters in respect of which a local authority must be satisfied prior to the granting of a permit;
F119[(v) requiring a local authority to attach specified conditions to a permit, including a condition referred to in subsection (7)(b) or (c) ;]
(vi) specifying conditions that a local authority may attach to a permit;
F120[(via) for the purposes of subsection (7), prescribing any matter referred to in that subsection as prescribed or to be prescribed;]
(vii) F121[…]
(viii) the making available for inspection by members of the public of an application for the grant of a permit, and the making of submissions by members of the public to a local authority, within a specified period, in relation to such an application;
(ix) the publication by a local authority of decisions made by it in relation to permits;
(x) requiring an applicant for the grant of a permit to defray, or contribute towards, any costs incurred by the local authority concerned in carrying out an investigation in relation to the F122[application;]
F123[(xi) such incidental, supplementary and consequential matters as appear to the Minister to be necessary or expedient for the purposes of this section and the regulations.]
(12) The collection of waste shall, in the period before a waste collection permit in relation to such collection is granted or refused, be deemed not to have contravened the provisions of this section if, before the date prescribed under subsection (1) (a), an application has been made for a waste collection permit in respect of such collection and the requirements of regulations under subsection (11) in relation to the application have been complied with by the applicant therefor.
F124[(13) (a) The reference in subsection (1)(a) to a local authority, where it first occurs, shall be construed as including a reference to the corporation of a borough of any kind and the council of an urban district.
(b) Each other reference in this section (other than subsections (1)(aa) and (4)) to a local authority shall be construed as including a reference to a body standing prescribed for the purposes of subsection (1)(a)(iii).
F125[(c) If a body stands prescribed for the purposes aforesaid, then this section shall have effect, in so far as it relates to such a body, as if the following subsection was substituted for subsection (4):
“(4) A body standing prescribed for the purposes of subsection (1)(a)(iii) shall not grant a waste collection permit unless it is satisfied that the activity in question would not, if carried on in accordance with such conditions as may be attached to the permit, cause environmental pollution, and that the grant of the permit is consistent with the objectives of the relevant waste management plan or the hazardous waste management plan as the case may be.”.]]
Annotations
Amendments:
F106
Substituted and inserted (17.07.2001) by Waste Management (Amendment) Act 2001 (36/2001), s. 6(a), commenced on enactment.
F107
Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(a), S.I. No. 358 of 2015.
F108
Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(b), S.I. No. 358 of 2015.
F109
Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(c), S.I. No. 358 of 2015.
F110
Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(d), S.I. No. 358 of 2015.
F111
Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(e)(i), S.I. No. 358 of 2015.
F112
Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(e)(ii), S.I. No. 358 of 2015.
F113
Deleted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(f), S.I. No. 358 of 2015.
F114
Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(g), S.I. No. 358 of 2015.
F115
Deleted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(h), S.I. No. 358 of 2015.
F116
Deleted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(i), S.I. No. 358 of 2015.
F117
Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(j), S.I. No. 358 of 2015.
F118
Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(k)(i), S.I. No. 358 of 2015.
F119
Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(k)(ii), S.I. No. 358 of 2015.
F120
Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(k)(iii), S.I. No. 358 of 2015.
F121
Deleted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(k)(iv), S.I. No. 358 of 2015.
F122
Substituted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(k)(v), S.I. No. 358 of 2015.
F123
Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 37(k)(vi), S.I. No. 358 of 2015.
F124
Substituted (17.07.2001) by Waste Management (Amendment) Act 2001 (36/2001), s. 6(b), commenced on enactment.
F125
Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 31(b), S.I. No. 393 of 2004.
Modifications (not altering text):
C12
Application of subs. (1)(a) restricted (1.07.2010) by Waste Management (Food Waste) Regulations 2009 (S.I. No. 508 of 2009), reg. 7(2), in effect as per reg. 4(2), as amended (7.05.2015) by Waste Management (Food Waste) (Amendment) Regulations 2015 (S.I. No. 190 of 2015), reg. 3(b).
Food waste arising on a producer’s premises
7. …
(2) Section 34(1)(a) of the Act shall not apply in respect of—6
[(a) a producer, authorised, registered or approved under the European Union (Animal By-Products) Regulations 2014, or]
(b) a producer transferring source segregated food waste arising on his premises for the purposes of an authorised treatment process in accordance with paragraph (1)(b) (iii), provided that the vehicle used for the transfer is—
(i) transporting the waste in compliance with the general requirements of article 4 of Directive 2006/12/EC6 , and
(ii) facilitating the transfer of the waste for the purposes of an authorised treatment process, and
(iii) registered in accordance with the provisions of section 131 of the Finance Act 1992 (No. 9 of 1992), and, as appropriate,
(iv) licensed under section 1 of the Finance (Excise Duties) (Vehicles) Act 1952 or section 21 of the Finance (No. 2) Act 1992.
…
C13
Application of subs. (1)(a) restricted (26.09.2008) by European Union (Batteries and Accumulators) Regulations 2014 (S.I. No. 283 of 2014), reg. 43, in effect as per regulation.
Non-application of section 34(1)(a) of the Act
43. (1) Without prejudice to regulation 21(1)(b)(ii), on and from 26 September 2008, section 34(1)(a) of the Act shall not apply in respect of the transport of waste batteries undertaken by a—
(a) distributor, registered or exempted from registration in accordance with the provisions of regulation 42—
(i) taking back waste batteries or, as appropriate,
(ii) depositing waste batteries at a collection point, that was accepted free of charge in accordance with the provisions of regulation 21 and is managed in accordance with the provisions of regulation 22,
(b) person or persons, acting on behalf of a body, which has been granted charitable recognition by the Revenue Commissioners, and issued with a Charity (CHY) Number, or
(c) person or persons, acting on behalf of a workplace or educational establishment designated as a collection point by a local authority in accordance with the provisions of regulation 25(c) provided that the waste batteries are transported in or on a vehicle registered in accordance with the provisions of section 131 of the Finance Act 1992 (No. 9 of 1992), other than a vehicle designed for the carriage of a skip or other demountable container.
(2) the exemptions provided for in sub-regulation(1) shall not apply—
(a) to contaminated waste batteries that present a health and safety risk, and
(b) unless the waste batteries will be eventually–
(i) treated at an appropriate facility in accordance with the requirements set out in Part A, and
(ii) recycled at an appropriate facility in accordance with the requirements set out in Part B of Annex III of the Directive, subject to any amendment that may be made to that Annex from time to time.
C14
Application of subs. (1)(a) restricted (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), reg. 30, in effect as per reg. 1(2), as amended (31.03.2008) by Waste Management (Collection Permit) (Amendment) Regulations 2008 (S.I. No. 87 of 2008), reg. 2(n).
Non-application of section 34(1)(a) of the Act
30. (1) Notwithstanding the additional requirements applicable to the relevant exemptions as imposed under sub-article 30(2), section 34(1)(a) of the Act shall not apply in respect of—
(a) the gathering, sorting or mixing of waste—
(i) on the premises at which the waste arose, or
(ii) which is carried on in accordance with a waste licence, a waste facility permit, a certificate of registration or an IPPC licence that is for the time being in force,
(b) the collection and transport of non-hazardous waste, other than under the conditions described in paragraph (k)(i) by a person where—
(i) such transport is incidental to the main business activity of the person concerned, and
(ii) the quantity of waste transported by the person concerned is equal to or less than 2 tonnes other than waste which is transported in, or on, a vehicle designed for the carriage of a skip or other demountable container,
(c) the collection and transport of waste, returned or recovered refrigerant gases in refrigerant containers, where recovery has the meaning assigned to it under Regulation (EC) No. 2037/2000 and Regulation (EC) No. 842/2006, by a person where—
(i) such transport is incidental to the main business activity of the person concerned,
(ii) the person concerned is operating on a small scale and is engaged in environmentally beneficial operations facilitating the recycling, reclamation or destruction of recovered refrigerant gases in accordance with the relevant legislative requirements for the specific refrigerant gas type,
(iii) the quantity of waste, returned or recovered refrigerant gas transported in refrigerant containers by the person concerned is equal to or less than 2 tonnes,
(iv) the person has given prior annual notification to the Agency in accordance with the requirements prescribed in the fifth schedule and has received an acknowledgement of this notification from the Agency,
(v) the handling and transport of the refrigerant gases is carried out in a manner that shall prevent the venting or leakage of these gases to the atmosphere,
(vi) no mixing of different refrigerant gas types occurs,
(vii) the transport of the waste, returned or recovered refrigerant gases in refrigerant containers is to an authorised facility where it will be stored in accordance with the rules as set out in the fourth schedule of the Waste Management (Facility Permit and Registration) Regulations 2007,
(viii) the waste, returned or recovered refrigerant gases will eventually be recycled, reclaimed or destroyed at an authorised facility in accordance with the relevant legislative requirements for the specific refrigerant gas type,
(d) the collection and transport of waste, returned or recovered halons in halon containers, where recovery has the meaning assigned to it under Regulation (EC) No. 2037/2000, by a person where—
(i) such transport is incidental to the main business activity of the person concerned,
(ii) the person concerned is operating on a small scale and is engaged in environmentally beneficial operations facilitating the recycling, reclamation or destruction of recovered halons in accordance with Regulation (EC) No. 2037/2000,
(iii) the quantity of waste, returned or recovered halons transported in halon containers by the person concerned is equal to or less than 2 tonnes,
(iv) the person has given prior annual notification to the Agency in accordance with the requirements prescribed in the fifth schedule and has received an acknowledgement of this notification from the Agency,
(v) the handling and transport of the halons in halon containers is carried out in a manner that shall prevent the venting or leakage of these gases to the atmosphere,
(vi) the transport of the waste, returned or recovered halons in halon containers is to an authorised facility where it will be stored in accordance with the rules as set out in the fourth schedule of the Waste Management (Facility Permit and Registration) Regulations 2007,
(vii) the waste, returned or recovered halon gases will eventually be recycled, reclaimed or destroyed at an authorised facility in accordance with Regulation (EC) No. 2037/2000,
(e) the collection and transport of waste, returned or recovered fluorinated greenhouse gases in fluorinated greenhouse gas containers where recovery has the meaning assigned to it under Regulation (EC) No. 842/2006, by a person where—
(i) such transport is incidental to the main business activity of the person concerned,
(ii) the person concerned is operating on a small scale and is engaged in environmentally beneficial operations facilitating the recycling, reclamation or destruction of recovered fluorinated greenhouse gases in accordance with Regulation (EC) No. 842/2006,
(iii) the quantity of waste, returned or recovered fluorinated greenhouse gas transported in fluorinated greenhouse gas containers by the person concerned is equal to or less than 2 tonnes,
(iv) the person has given prior annual notification to the Agency in accordance with the requirements prescribed in the fifth schedule and has received an acknowledgement of this notification from the Agency,
(v) the handling and transport of the fluorinated greenhouse gas in fluorinated greenhouse gas containers is carried out in a manner that shall prevent the venting or leakage of these gases to the atmosphere,
(vi) the transport of the waste, returned or recovered fluorinated greenhouse gas in fluorinated greenhouse gas containers is to an authorised facility where it will be stored in accordance with the rules as set out in the fourth schedule of the Waste Management (Facility Permit and Registration) Regulations 2007,
(vii) the waste, returned or recovered fluorinated greenhouse gases will eventually be recycled, reclaimed or destroyed at an authorised facility in accordance with Regulation (EC) No. 842/2006,
(f) the collection and transport of specified risk material, or protein or tallow obtained from the rendering of specified risk material, under and in accordance with a licence granted under Regulation 10 of the European Communities (Specified Risk Material) Regulations, 2000 (S.I. No. 332 of 2000),
[(g) the collection and transport of animal by-products, other than catering waste, within the meaning of the European Communities (Transmissible Spongiform Encephalopathies and Animal By-Products) Regulations 2006 ( S.I. No. 612 of 2006 ), subject to any amendment that may be made to those regulations from time to time,]
(h) the collection and transport of packaging waste by a major producer, within the meaning of the Waste Management (Packaging) Regulations 2003 (S.I. No. 61 of 2003) as amended by the Waste Management (Packaging) (Amendment) Regulations 2004 (S.I. No. 871 of 2004) and the Waste Management (Packaging) (Amendment) Regulations 2006 (S.I. No. 308 of 2006), under and in accordance with, articles 5(1)(a) and 9(1)(e) of those Regulations, subject to any amendment that may be made to those Regulations from time to time,
(i) collection and transport of farm plastic waste by a producer within the meaning of the Waste Management (Farm Plastics) Regulations, 2001 (S.I. No. 341 of 2001), under and in accordance with article 4 of those Regulations, subject to any amendment that may be made to those Regulations from time to time,
(j) the collection of waste at a bring facility,
(k) the collection and transport of waste electrical and electronic equipment by—
(i) any—
(I) person or persons in accordance with the provisions of article 38 of the Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 340 of 2005);
(II) producer as defined in section 53G of the Act, from a final user other than a private household, for the purposes of fulfilling his or her obligations in accordance with the provisions of article 17(1) of the Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 340 of 2005) and provided the quantity of waste concerned is equal to or less than 0.5 tonnes,
(III) final user other than other than a private household for the purposes of—
(A) fulfilling his or her obligations in accordance with the provisions of article 17(2) of the Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 340 of 2005), or as appropriate,
(B) transporting waste electrical and electronic equipment to a collection point designated by a producer as defined in section 53G of the Act where alternative financial arrangements have been made in accordance with the provisions of article 18(1) of the Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 340 of 2005),
subject to any amendment that may be made to the those Regulations from time to time and provided the quantity of waste concerned is equal to or less than 0.5 tonnes, or as appropriate,
(ii) person or persons acting on behalf of or in conjunction with an authorised treatment facility where the waste electrical and electronic equipment concerned will be treated in accordance with the technical requirements as set out in the seventh schedule of the Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 340 of 2005) for the purposes of raising awareness, or as appropriate, targeting specific categories of waste electrical and electronic equipment subject to the approval of the Minister and shall be subject to such conditions as the Minister may specify, including but not exclusively—
(I) the period of approval which shall be for a period of not more than 6 months,
(II) the use of logos adopted by the Minister,
(III) the nature of information to recorded and maintained by the authorised treatment facility concerned, or as appropriate
(IV) provided to the Agency, or as appropriate, any local authority
(V) variance in the terms and conditions of approval, and
(VI) revocation of approval,
subject to any amendment that may be made to those Regulations from time to time.
(l) the collection and transport of waste, other than in a vehicle designed for the carriage of a skip or other demountable container, undertaken by or on behalf of a body, which has been granted charitable recognition by the Revenue Commissioners and issued with a Charity (CHY) Number, provided that, in the case of waste electrical and electronic equipment, the activity is confined to the transport of waste electrical and electronic equipment listed within the first schedule of the Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 340 of 2005), other than waste electrical and electronic equipment listed within Category 5 of that schedule.
(m) the collection of waste at a central collection point by, or on behalf of a local authority, or with the approval of a local authority, where such collection is undertaken by, or on behalf of, a community group,
(2) The exemptions provided for in sub-articles
(a) 1(j) and 1(k) shall not apply—
(i) to contaminated waste electrical and electronic equipment that presents a health and safety risk,
(ii) unless transport of the waste electrical and electronic equipment is to an authorised facility where it will be stored in accordance with the requirements of Annex III of Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003, as amended by Directive 2003/108/EC of the European Parliament and of the Council of 8 December 2003, and
(iii) unless the waste electrical and electronic equipment will be reused or eventually be treated at an appropriate facility in accordance with the technical requirements of Annex II of Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003, as amended by Directive 2003/108/EC of the European Parliament and of the Council of 8 December 2003, or as appropriate,
(b) 1(b), 1(g), 1(h), 1(i), 1(j), 1(k) and 1(l) shall not apply to any person or persons that is not fulfilling his or her producer responsibility obligations, where applicable, provided for in Regulations made in accordance with Part III, or as appropriate, Part VA, Part VB of the Act or, as appropriate, any appropriate section or Part concerning producer responsibility obligations, that may be inserted into the Act from time to time,
(c) 1(b) to 1(l) inclusive shall not apply in respect of the collection and transport of waste in any vehicle that is not—
(i) transporting the waste in compliance with the general requirements of article 4 of Directive 2006/12/EC, and
(ii) facilitating the transfer of the waste to an authorised facility, and
(iii) registered in accordance with the provisions of section 131 of the Finance Act 1992 (No. 9 of 1992), and as appropriate,
(iv) licensed under section 1 of the Finance (Excise Duties) (Vehicles) Act 1952 or section 21 of the Finance (No. 2) Act 1992.
Editorial Notes:
E337
Power pursuant to section exercised (2.04.2018) by Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2018 (S.I. No. 96 of 2018), in effect as per reg. 2.
E338
Power pursuant to section exercised (19.12.2017) by Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2017 (S.I. No. 598 of 2017).
E339
Power pursuant to section exercised (14.09.2017 and 1.10.2017) by Waste Management (Tyres and Waste Tyres) Regulations 2017 (S.I. No. 400 of 2017), part in effect on date of making, and part as per reg. 1(2).
E340
Power pursuant to section exercised (30.06.2016) by Waste Management (Collection Permit) (Amendment)(No.2) Regulations 2016 (S.I. No. 346 of 2016).
E341
Power pursuant to section exercised (16.01.2016) by Waste Management (Collection Permit) (Amendment) Regulations 2016 (S.I. No. 24 of 2016).
E342
Power pursuant to section exercised (15.05.2015) by Waste Management (Collection Permit) (Amendment) Regulations 2015 (S.I. No. 197 of 2015).
E343
Power pursuant to section exercised (7.05.2015) by Waste Management (Food Waste) (Amendment) Regulations 2015 (S.I. No. 190 of 2015).
E344
Offence under subs. (1) prescribed for purposes of Environmental Protection Agency Act 1992 (7/1992), s. 84(4)(a), (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 41(d).
E345
Provisions concerning costs of certain proceedings relating to waste collection permits granted pursuant to section prescribed (23.08.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), ss. 3, 4, 6 and 7, S.I. No. 433 of 2011.
E346
Power pursuant to section exercised (10.12.2009) by Waste Management (Food Waste) Regulations 2009 (S.I. No. 508 of 2009).
E347
Power pursuant to section exercised (31.03.2008) by Waste Management (Collection Permit) (Amendment) Regulations 2008 (S.I. No. 87 of 2008).
E348
Offence under subs. (1) prescribed as offence for purposes of Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), regs. 36 and 38, (31.03.2008) by Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), reg. 22(g), in effect as per reg. 2.
E349
Power pursuant to section exercised (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), in effect as per reg. 1(2).
E350
Offence under subs. (1) prescribed as offence for purposes of subs. (5)(a) (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), reg. 21(g), in effect as per reg. 1(2).
E351
Power pursuant to section exercised (20.05.1998) by Waste Management (Miscellaneous Provisions) Regulations 1998 (S.I. No. 164 of 1998), in effect as per reg. 1(2).
E352
Previous affecting provision: pursuant to section exercised (1.04.2010, 1.06.2010, 1.12.2010, 10.04.2010, and 1.06.2015) by Waste Management (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2010 (S.I. No. 143 of 2010), in effect as per reg. 3; revoked (13.07.2011) by European Communities (Waste Electrical and Electronic Equipment) Regulations 2011 (S.I. No. 355 of 2011), reg. 46, in effect as per reg. 45.
E353
Previous affecting provision: power pursuant to section exercised (1.04.2010, 10.04.2010, and 1.12.2010) by Waste Management (End-of-Life Vehicles) (Amendment) Regulations 2010 (S.I. No. 142 of 2010), in effect as per reg. 3; rendered obsolete by revocation of S.I. No. 282 of 2006, see below.
E354
Previous affecting provision: application of subs. (1)(a) restricted (13.07.2011) by European Communities (Waste Electrical and Electronic Equipment) Regulations 2011 (S.I. No. 355 of 2011), reg. 41, in effect as per reg. 45; revoked (29.03.2014) by European Union (Waste Electrical and Electronic Equipment) Regulations 2014 (S.I. No. 149 of 2014), reg. 41, in effect as per reg. 45.
E355
Previous affecting provision: pursuant to section exercised (23.09.2008, 26.09.2008, and 1.01.2009) by Waste Management (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2008 (S.I. No. 375 of 2008), in effect as per reg. 3; revoked (13.07.2011) by European Communities (Waste Electrical and Electronic Equipment) Regulations 2011 (S.I. No. 355 of 2011), reg. 46, in effect as per reg. 45.
E356
Previous affecting provision: application of subs. (1)(a) restricted (26.09.2008) by Waste Management (Batteries and Accumulators) Regulations 2008 (S.I. No. 268 of 2008), reg. 43, in effect as per regulation; revoked by European Union (Batteries and Accumulators) Regulations 2014 (S.I. No. 283 of 2014), reg. 49(1), with effect from date specified in reg. 3, as amended (30.07.2014) by European Union (Batteries and Accumulators) (Amendment) Regulations 2014 (S.I. No. 349 of 2014), reg. 2.
E357
Previous affecting provision: power pursuant to section exercised (16.07.2008) by Waste Management (Batteries and Accumulators) Regulations 2008 (S.I. No. 268 of 2008); revoked by European Union (Batteries and Accumulators) Regulations 2014 (S.I. No. 283 of 2008), reg. 49(1), subject to transitional provision in para. (2) and construed as per para. (3), as amended (30.07.2014) by European Union (Batteries and Accumulators) (Amendment) Regulations 2014 (S.I. No. 349 of 2014), reg. 2.
E358
Previous affecting provision: application of subs. (1)(a) restricted (26.09.2008) by Waste Management (Batteries and Accumulators) Regulations 2008 (S.I. No. 268 of 2008), reg. 43, in effect as per regulation; revoked by European Union (Batteries and Accumulators) Regulations 2014 (S.I. No. 283 of 2014), reg. 49(1), with effect from date specified in reg. 3, as amended (30.07.2014) by European Union (Batteries and Accumulators) (Amendment) Regulations 2014 (S.I. No. 349 of 2014), reg. 2.
E359
Previous affecting provision: pursuant to section exercised (15.12.2007 and 31.03.2008) by Waste Management (Packaging) Regulations 2007 (S.I. No. 798 of 2007), in effect as per reg. 3; revoked (21.06.2014) by European Union (Packaging) Regulations 2014 (S.I. No. 282 of 2014), reg. 36(1), in effect as per reg. 3; subject to transitional provision and construed as per reg. 36(2) and (3).
E360
Previous affecting provision: power pursuant to section exercised (1.01.2008) by Waste Management (Tyres and Waste Tyres) Regulations 2007 (S.I. No. 664 of 2007), in effect as per reg. 1(2); revoked (1.10.2017) by Waste Management (Tyres and Waste Tyres) Regulations 2017 (S.I. No. 400 of 2017), in effect as per reg. 1(2).
E361
Previous affecting provision: pursuant to section exercised (8.06.2006) by Waste Management (End-Of-Life Vehicles) Regulations 2006 (S.I. No. 282 of 2006), in effect as per reg. 3; revoked (21.06.2014) by European Union (End-of-Life Vehicles) Regulations 2014 (S.I. No. 281 of 2014), reg. 37(1), in effect as per reg. 3; subject to transitional provision and construed as per reg. 37(2) and (3).
E362
Previous affecting provision: application of subs. (1)(a) restricted (13.08.2005) by Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 340 of 2005), reg. 38, in effect as per regulation; revoked (30.07.2011) by European Communities (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2011 (S.I. No. 397 of 2011), reg. 3, in effect as per reg. 2.
E363
Previous affecting provision: pursuant to section exercised (5.07.2005) by Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 (S.I. No. 340 of 2005); revoked (30.07.2011) by European Communities (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2011 (S.I. No. 397 of 2011), reg. 3, in effect as per reg. 2.
E364
Previous affecting provision: subs. (4) substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 31(a), S.I. No. 393 of 2004; substituted as per F-note above.
E365
Previous affecting provision: offence under subs. (6) prescribed (12.07.2004) for purposes of Environmental Protection Agency Act 1992 (7/1992), s. 84(4)(a) by Environmental Protection Agency (Licensing) (Amendment) Regulations 2004 (S.I. No. 394 of 2004), reg. 6(d), in effect as per reg. 2; revoked (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 42(1) and sch. 2, subject to transitional provision in para. (2).
E366
Previous affecting provision: application of subs. (1)(a) restricted (30.08.2001) by Waste Management (Collection Permit) Regulations 2001 (S.I. No. 402 of 2001), reg. 22; revoked (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), reg. 2(1) and sch. 1, in effect as per reg. 1(2), subject to transitional provision in para. (2).
E367
Previous affecting provision: pursuant to section exercised (30.11.2001) by Waste Management (Collection Permit) (Amendment) Regulations 2001 (S.I. No. 540 of 2001); revoked (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), reg. 2(1) and sch. 1, in effect as per reg. 1(2); subject to transitional provision in reg. 2(2).
E368
Previous affecting provision: pursuant to section exercised (30.08.2001) by Waste Management (Collection Permit) Regulations 2001 (S.I. No. 402 of 2001); revoked (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), reg. 2(1) and sch. 1, in effect as per reg. 1(2); subject to transitional provision in reg. 2(2).
E369
Previous affecting provision: withdrawal of application deemed refusal by local authority for purposes of subs. (12) (30.08.2001) by Waste Management (Collection Permit) Regulations 2001 (S.I. No. 402 of 2001), reg. 28(3); revoked (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), reg. 2(1) and sch. 1, in effect as per reg. 1(2), subject to transitional provision in para. (2).
E370
Previous affecting provision: application of subs. (1)(a) restricted (20.05.1998) by Waste Management (Miscellaneous Provisions) Regulations 1998 (S.I. No. 164 of 1998), reg. 6(2), in effect as per reg. 1(2); deleted (30.11.2001) by Waste Management (Collection Permit) Regulations 2001 (S.I. No. 402 of 2001), reg. 29, in effect as per regulation.
6 O.J. L 114, 27.04.2006, p 9.
6 O J L 114, 27.04.2006, p 9.
F126[
Review of waste collection permit
34A. (1) A local authority may review a waste collection permit, or a waste collection permit amended under this section—
(a) at any time after the permit was granted or amended, or
(b) on an application in that behalf being made by the holder of the permit (“permit holder”).
(2) A local authority shall review a waste collection permit or a waste collection permit amended under this section where—
(a) the permit holder has been convicted of an offence prescribed under section 34(5),
(b) the local authority believes that the permit holder is contravening or has contravened a condition of a waste collection permit attached to that permit under section 34(7)(b) (other than a condition attached under subparagraph (v) of that section 34(7)(b)), or
(c) the local authority believes that the permit holder, during a 5 year period beginning on the date of the first such contravention, is contravening or has contravened three different conditions attached, under subparagraph (v) of paragraph (b) or paragraph (c) or (d) of section 34(7), to a waste collection permit granted to that permit holder.
(3) For the purposes of a review under this section, a local authority, by notice in writing, may request information or further information from the permit holder, the local authority concerned, the Agency, or any other person who the local authority wishes to consult, and the permit holder, local authority concerned, Agency or other person shall furnish that information or further information within the period stated in the notice.
(4) A local authority having reviewed a waste collection permit under subsection (1)(a) or considered an application under subsection (1)(b) and any information or further information furnished under subsection (3), and determined whether it is satisfied regarding the same matters in relation to which the authority is required to be satisfied for the purposes of a grant of an application under section 34, shall make a decision in relation to the review.
(5) The decision of the local authority referred to in subsection (4) may be to—
(a) amend a permit, including amending conditions attached to the permit or removing the authorisation under the permit to collect certain classes of waste, including removing the authorisation relating to a vehicle which, the authority is satisfied, is the cause of a contravention of a condition attached to a waste collection permit under subparagraph (i), (ii) or (iii) of section 34(7)(b),
(b) direct measures to be taken by the permit holder within a period specified in the notice under subsection (7), including to direct the permit holder to submit an application for a waste collection permit under section 34,
(c) terminate the review without amending the waste collection permit, or
(d) revoke the waste collection permit where the local authority decides that the permit holder—
(i) is not a fit and proper person within the meaning of section 34D,
(ii) has failed or neglected to take the measures required under paragraph (b), or
(iii) offered to surrender the permit and such offer is acceptable to the local authority.
(6) For the purposes of subsection (5)(a), section 34 applies, with any necessary modifications, to the attaching of a condition that may be or, as the case may be, is required to be attached to a permit following a decision of a local authority under that subsection as it applies to the attaching to a permit granted under section 34 of those conditions.
(7) The local authority, as soon as possible after its decision under subsection (4), and in any event not later than 14 days after that decision, shall give notice in writing to the permit holder or, as the case may be, person whose waste collection permit has been revoked, of the decision, the reasons therefor, that the decision may be appealed and that the decision shall be suspended, until the decision becomes final under subsection (8), or the disposal of an appeal under subsection (9).
(8) (a) If, on the expiration of the period of 28 days beginning on the date of the notice under subsection (7), no appeal under subsection (9) is made, the decision of the local authority under subsection (4) shall be final.
(b) If, following an appeal under subsection (9), the District Court gives directions to the local authority under subsection (9)(b), the decision of the local authority under subsection (4) is suspended until the local authority complies with the direction.
(9) (a) A permit holder or, as the case may be, person whose waste collection permit has been revoked, within 28 days of the date of a notice under subsection (7), may appeal against the decision of the local authority to the judge of the District Court for the District Court district in which the principal office of the local authority is situate.
(b) On the hearing of an appeal under this subsection, the judge of the District Court may make an order giving such directions to the local authority as he or she thinks proper in relation to the revocation of a waste collection permit or the amendment of conditions attached to such a permit.
(10) A local authority concerned, the Agency or other body which performs a statutory function relating to waste management responsible for prosecuting an offence prescribed under section 34(5) shall, if applicable, inform a local authority as soon as practicable if a permit holder is convicted of the offence.
(11) A local authority concerned, the Agency or other body which performs a statutory function relating to waste management shall inform a local authority where it appears to the local authority concerned, the Agency or body that a condition of a waste collection permit under paragraph (b), (c) or (d) of section 34(7) is being or has been contravened.
(12) The Minister may make regulations for the purposes of this section providing for any of the following matters:
(a) procedures to be followed by a local authority with regard to the initiating and conducting of reviews;
(b) specific circumstances whereby a waste collection permit holder may apply to have their permit reviewed;
(c) matters in relation to which the authority shall be satisfied before accepting the surrender of a permit;
(d) the time within which reviews shall be carried out;
(e) procedures to be followed in relation to the furnishing of information under subsection (3);
(f) information to be furnished by a permit holder relating to compliance with a waste collection permit or measures directed under subsection (5)(b) ;
(g) procedures to be followed in relation to the furnishing of information under subsection (10) or (11);
(h) amendment of any entry in the register maintained by a local authority under section 19 concerning a waste collection permit that may be required following a review under this section;
(i) such incidental, supplementary and consequential matters as appear to the Minister as necessary or expedient for the purposes of this section.
(13) A person who, under this section furnishes information to a local authority or to a local authority concerned which is to his or her knowledge false or in a material respect misleading, shall be guilty of an offence.
(14) In this section reference to “local authority concerned” means a local authority (first-mentioned local authority) who has nominated another local authority under section 34(1)(aa) to perform functions under section 34 and this section in relation to waste collection permits or review of waste collection permits in respect of the functional area of the first-mentioned local authority.]
Annotations
Amendments:
F126
Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 38, S.I. No. 358 of 2015.
Editorial Notes:
E371
The section heading is taken from the amending section in the absence of one included in the amendment.
F127[
Transfer of a waste collection permit
34B. (1) In this section and sections 34C and 34D “nominated authority” means a local authority nominated under section 34(1)(aa)(ii).
(2) A waste collection permit may be transferred to another person in accordance with this section.
(3) Where the authorised waste collector intends that the waste collection permit be transferred to another person (in this section referred to as “the proposed transferee”), the authorised waste collector and the proposed transferee shall jointly make an application to the nominated authority requesting that such a transfer be effected by the authority.
(4) An application under subsection (3) shall be made in such form and include such information as may be prescribed and shall be accompanied by such fee as may be prescribed under section 50 and the waste collection permit concerned.
(5) The nominated authority may require the provision of such further information by the authorised waste collector or the proposed transferee as it considers appropriate for the purposes of considering an application made under subsection (3).
(6) If, on consideration of an application under subsection (3), and any relevant information provided in respect thereof, the nominated authority is satisfied that the proposed transferee would, if he or she were an applicant for the waste collection permit, be regarded by it as a fit and proper person within the meaning of section 34D to be granted, under section 34, a like waste collection permit to the waste collection permit concerned, it shall effect a transfer of the waste collection permit to the proposed transferee in such manner as may be prescribed.
(7) A person to whom a waste collection permit is transferred under this section shall be deemed to have assumed and accepted all liabilities, requirements and obligations provided for in or arising under the waste collection permit, including all conditions attached to the permit, regardless of how and in respect of what period, including a period before the transfer of the waste collection permit, they may arise.
(8) The Minister may make regulations in relation to all or any of the following matters:
(a) the form in which an application for the transfer of a permit shall be made;
(b) information and particulars to be submitted with an application for the transfer of a permit and verification of such information and particulars;
(c) specifying the period in which an application for a transfer of a permit shall be dealt with by a nominated authority;
(d) the making available for inspection by members of the public of an application for the transfer of a permit, and the making of submissions by members of the public to a local authority, within a specified period, in relation to such an application;
(e) the manner of transfer of a waste collection permit;
(f) the publication by the nominated authority of decisions made by it in relation to the transfer of permits;
(g) requiring the proposed transferee to defray, or contribute towards, any costs incurred by the nominated authority concerned in carrying out an investigation in relation to the application.]
Annotations
Amendments:
F127
Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 39, S.I. No. 358 of 2015.
Editorial Notes:
E372
Power pursuant to section exercised (16.01.2016) by Waste Management (Collection Permit) (Amendment) Regulations 2016 (S.I. No. 24 of 2016).
F128[
Information required by authorised persons or nominated authority
34C.(1) A local authority or, as the case may be, a nominated authority, may, by notice in writing, for the purpose of maintaining a register referred to in subsection (7) request a relevant person to provide to the local authority or, as the case may be, the nominated authority, such information, referred to in subsection (3), as is specified in the notice (in this section referred to as the ‘specified information’).
(2) Where an authorised person or a nominated authority makes a request under subsection (1), the relevant person to whom the notice is given shall provide the specified information within the period of 14 days beginning on the date of the notice.
(3) A local authority or, as the case may be, a nominated authority, may specify all or any of the following information in a notice under subsection (1):
(a) details in the possession or control of the relevant person of the address (including the postcode (if any) within the meaning of section 66 of the Communications Regulation (Postal Services) Act 2011) of every person who has household waste collected by an authorised waste collector or who deposits household waste at a facility;
(b) in relation to each such person referred to in paragraph (a) who has household waste so collected or who deposits household waste at a facility:
(i) the name of every person availing of a household waste collection service;
(ii) any unique identification number which the authorised collector has assigned to a person availing of a household waste collection service;
(iii) details of the separate collection or deposition of separate collection of household waste;
(iv) details of when household waste or classes of household waste were last collected or deposited;
(v) details of the structure of the fees charged to the person from whom the household waste is collected or depositing the waste, including, where appropriate, billing information which indicates the pay by weight charge element of the fees charged for the collection from or deposition by that person of household waste.
(4) The specified information to be provided by a relevant person pursuant to a notice under subsection (1) shall be provided in such form and manner as may be specified by the local authority or, as the case may be, the nominated authority in the notice.
(5) Where a relevant person fails to provide the information requested in a notice given under subsection (1) by a local authority—
(a) in the form and manner requested, or
(b) within the time limit referred to in subsection (2),
the local authority shall notify the nominated authority as soon as is reasonably practicable, in such form as is specified by the nominated authority, of the breach of a waste collection permit condition under section 34(7)(b)(ix) or of a condition of a licence under section 41(3)(d)(va).
(6) In this section ‘relevant person’ means—
(a) an authorised waste collector, or
(b) the holder (other than a local authority) of a waste licence or such other authorisation or certificate which accepts household waste directly from a person.
(7) Each local authority or, as the case may be, a nominated authority shall maintain a register of persons availing of a household waste collection service for the purpose of establishing compliance by original producers and other waste holders with section 32(1A) and any regulations or bye-laws made under this Act relating to household waste.
(8) The register maintained under subsection (7) shall include—
(a) such information referred to in sections 34(7)(b)(ix), 39(5B)(ee) and 41(3)(d)(va) received by a local authority or, as the case may be, nominated authority, and
(b) such information received by a local authority or, as the case may be, nominated authority pursuant to a notice under subsection (1),
as relates to waste services provided by or on behalf of a local authority for the collection of household waste.]
Annotations
Amendments:
F128
Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 39, S.I. No. 358 of 2015.
F129[
Fit and proper person
34D. (1) For the purposes of sections 34, 34A and 34B a person is a fit and proper person if—
(a) neither that person nor any person employed by him or her to direct or control the carrying on of the activity to which the waste collection permit relates or, as the case may be, may relate, has been convicted—
(i) summarily of an offence under—
(I) subsection (6) of section 32 consisting of a contravention of subsection (1) of that section, or
(II) section 55(8),
or
(ii) on indictment of an offence under this Act, the Environmental Protection Agency Acts 1992 to 2011, the Local Government (Water Pollution) Acts 1977 to 2007, or the Air Pollution Acts 1987 and 2011,
(b) in the reasonable opinion of the nominated authority, that person or, as appropriate, any person employed by him or her to direct or control the carrying on of the activity to which the waste collection permit relates or, as the case may be, may relate has the requisite technical knowledge or qualifications to carry on that activity in accordance with the waste collection permit and the other requirements of the Act,
(c) in the reasonable opinion of the nominated authority, that person is likely to be in a position to meet any financial commitments or liabilities that will be entered into or incurred by him or her in carrying on the activity to which the waste collection permit relates in accordance with the terms thereof or in consequence of ceasing to carry on that activity,
(d) that person has not had a waste collection permit revoked under section 34A, other than where the permit was surrendered, and
(e) that person has not had an order made against him or her under section 57 or 58.
(2) The Minister may make regulations providing for requirements in relation to the requisite technical knowledge or qualifications to carry on the activity to which the waste collection permit relates in accordance with the permit and any other requirements of this Act.]
Annotations
Amendments:
F129
Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 39, S.I. No. 358 of 2015.
Presentation of waste for collection.
35.—(1) Whenever a local authority considers that, for the purpose of the proper management of waste or the prevention or control of environmental pollution, it is necessary so to do, it may, subject to subsection (5), make bye-laws—
(a) requiring a holder of household waste to present such waste for collection by a person collecting waste in accordance with this Part,
(b) requiring a holder of household or commercial waste who presents such waste for collection as aforesaid (whether pursuant to a requirement of bye-laws under paragraph (a) or not) to so present the waste in a manner specified in the bye-laws.
(2) A bye-law under subsection (1) shall be made in accordance with, and construed as if it was made under, Part VII of the Local Government Act, 1994.
(3) Bye-laws under subsection (1) may, without prejudice to the generality of that subsection or of section 37 (4) of the Local Government Act, 1994, include provisions specifying—
(a) that waste shall only be placed for collection in receptacles of a particular kind and that different waste shall be placed in different receptacles,
(b) the quantity of waste which may or may not be placed in any receptacle,
(c) the waste, or the mixtures of waste, which may or may not be placed in a receptacle,
(d) the measures or precautions to be taken where particular waste, or mixtures thereof, is or are placed in a receptacle,
(e) the size, colour, construction or maintenance of receptacles,
(f) the location at which the waste is to be made available for collection,
(g) times during which the waste is to be made available for collection,
F130[(gg) that waste placed for collection shall bear evidence, in such a manner or form as is provided in the bye-laws, of the payment of any charge that has been made under section 75 in respect of the collection of the waste,]
(h) any matters consequential on, or incidental to, the foregoing.
(4) A local authority may provide or, where appropriate, may, in accordance with section 34, require the holder of a waste collection permit granted by the authority to provide, receptacles in which household or commercial waste (either generally or of a specified nature or type) presented for collection shall be placed for such collection, and the local authority or the said holder, as the case may be, may require such reasonable payment, as it or he or she may determine, in respect of the provision of receptacles from the persons to whom they are provided.
(5) (a) The Minister may, if he or she considers it expedient so to do for the purpose of the prevention or control of environmental pollution, give a direction to a local authority requiring it to take specified steps (including the making of bye-laws under Part VII of the Local Government Act, 1994) to ensure that specified substances, products, materials or classes of waste arising in household or commercial waste are segregated for the purpose of and in the course of collection, and recovered or disposed of in a specified manner.
(b) A local authority concerned shall comply with any direction of the Minister given under this subsection within such period as may be specified in the direction.
Annotations
Amendments:
F130
Inserted (8.09.2003) by Protection of the Environment Act 2003 (27/2003), s. 32, S.I. No. 393 of 2003.
Modifications (not altering text):
C15
References to “Part VII of the Local Government Act 1994”, or any section of that Part, construed (10.07.2006) by Local Government Act 2001 (37/2001), s. 209(2)(a), S.I. No. 361 of 2006.
Continuation in force of existing bye-laws, etc.
209.— …
(2) Without prejudice to section 20 of the Interpretation Act, 1937, references in—
(a) section 35 of the Waste Management Act, 1996,
…
to Part VII of the Local Government Act, 1994, or any section of that Part shall be read as a reference to Part 19 of this Act or to the corresponding section of Part 19, as the case may be.
…
Editorial Notes:
E373
Previous affecting provision: pursuant to section exercised (1.04.2010, 1.06.2010, 1.12.2010, 10.04.2010, and 1.06.2015) by Waste Management (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2010 (S.I. No. 143 of 2010), in effect as per reg. 3; revoked (13.07.2011) by European Communities (Waste Electrical and Electronic Equipment) Regulations 2011 (S.I. No. 355 of 2011), reg. 46, in effect as per reg. 45.
E374
Previous affecting provision: pursuant to section exercised (23.09.2008, 26.09.2008, and 1.01.2009) by Waste Management (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2008 (S.I. No. 375 of 2008), in effect as per reg. 3; revoked (13.07.2011) by European Communities (Waste Electrical and Electronic Equipment) Regulations 2011 (S.I. No. 355 of 2011), reg. 46, in effect as per reg. 45.
E375
Previous affecting provision: pursuant to section exercised (16.07.2008) by Waste Management (Batteries and Accumulators) Regulations 2008 (S.I. No. 268 of 2008); revoked (14.06.2014) by European Union (Batteries and Accumulators) Regulations 2014 (S.I. No. 283 of 2008), reg. 49(1), subject to transitional provision in para. (2) and construed as per para. (3), as amended (30.07.2014) by European Union (Batteries and Accumulators) (Amendment) Regulations 2014 (S.I. No. 349 of 2014), reg. 2.
Regulations in relation to movement of waste.
36.—(1) For the purpose of preventing environmental pollution therefrom, the Minister may by regulations provide for the supervision and control of the movement of waste within, into or out of the State.
(2) Without prejudice to the generality of subsection (1), regulations under this section may provide for all or any of the following matters:
(a) the prohibition, prevention, limitation or control of the movement of waste and, in particular—
(i) requiring that any movement of waste or waste of a specified class or classes be authorised by the Agency or a local authority,
(ii) enabling conditions of a kind specified in the regulations to be attached by the Agency or a local authority, as the case may be, to any such authorisation;
(b) notifications, including documentation, to be given before and after the movement of waste, the form and content of such notifications, the persons required to give such notifications and the persons to whom such notifications are to be given;
(c) information, including documentation, to accompany any movement of waste, the form and content of such information and the persons required to prepare, hold or submit such information;
(d) enabling the inspection of consignments of waste and documentation relating thereto by persons authorised in that behalf by the Agency or a local authority;
(e) requirements as to the segregation, handling, packaging and labelling of waste and the containers in which waste may be moved;
(f) a requirement that shipments of waste may enter or leave the State at a specified place or places only within the State;
(g) requiring a person who undertakes the movement of waste to effect and maintain a policy of insurance insuring him or her as respects any liability on his or her part to pay damages or costs on account of injury to person or property arising from the movement of the waste;
(h) requiring an agreement or agreements to be entered into with one or more appropriate persons by a person exporting or importing waste whereby the first-mentioned person or persons agrees or agree to recover or dispose of the waste;
(i) the seizure, taking in charge, recovery or disposal of a consignment of waste or a part thereof by the Agency or a local authority or a person authorised by the Agency or a local authority in that behalf where any provision of regulations under this section or of any specified enactment has not been complied with as respects the consignment or a part thereof, as the case may be;
(j) the keeping of records by specified persons of the source of, and particulars concerning the movement, delivery and receipt of, waste and, as the case may be, the recovery or disposal thereof, and the persons to whom such records shall be made available;
(k) the prevention and control of litter and nuisance from odours that may arise from the movement of waste and generally with respect to the handling of waste whilst it is being moved;
(l) the imposition by the Agency or a local authority on a person undertaking the movement of waste of such charges as are necessary to defray any costs reasonably incurred by the Agency or the local authority in performing any function under regulations under this section with respect to the waste;
(m) requiring a person to give such security to the Agency or a local authority for the payment of any charges he or she may be liable to pay to the Agency or the local authority (as the case may be) pursuant to regulations under paragraph (l) as the Agency or the local authority may request;
(n) requiring a person who undertakes the movement of waste to give security of a specified nature to the Agency, a local authority or any other specified person in respect of costs which may be incurred by the Agency, local authority or other person aforesaid in taking steps in relation to the waste in the event of a contravention by the first-mentioned person of any provision of regulations under this section as respects that waste;
(o) requiring a person who undertakes the movement of waste or who is the consignee of waste imported into the State or moved within the State to return, where the Agency or a local authority directs him or her to do so, the waste to its place of origin or to such other place as may be specified in the direction and to take such measures as may be so specified in relation to the waste, including the recovery or disposal of the waste in such manner or at such facility as may be so specified;
(p) specifying the circumstances in which the Agency or a local authority may give a direction to a person pursuant to regulations under paragraph (o);
(q) any matters consequential on, or incidental to, the foregoing.
(3) A person who contravenes a provision of regulations under this section shall be guilty of an offence.
Annotations
Editorial Notes:
E376
Power pursuant to section exercised (2.04.2018) by Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2018 (S.I. No. 96 of 2018), in effect as per reg. 2.
E377
Power pursuant to section exercised (19.12.2017) by Waste Management (Tyres and Waste Tyres) (Amendment) Regulations 2017 (S.I. No. 598 of 2017).
E378
Power pursuant to section exercised (14.09.2017 and 1.10.2017) by Waste Management (Tyres and Waste Tyres) Regulations 2017 (S.I. No. 400 of 2017), part in effect on date of making, and part as per reg. 1(2).
E379
Power pursuant to section exercised (16.01.2016) by Waste Management (Collection Permit) (Amendment) Regulations 2016 (S.I. No. 24 of 2016).
E380
Power pursuant to section exercised (7.05.2015) by Waste Management (Food Waste) (Amendment) Regulations 2015 (S.I. No. 190 of 2015).
E381
Offence under subs. (3) prescribed for purposes of Environmental Protection Agency Act 1992 (7/1992), s. 84(4)(a), (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 41(d).
E382
Power pursuant to section exercised (10.12.2009) by Waste Management (Food Waste) Regulations 2009 (S.I. No. 508 of 2009).
E383
Power pursuant to section exercised (31.03.2008) by Waste Management (Collection Permit) (Amendment) Regulations 2008 (S.I. No. 87 of 2008).
E384
Offence under subs. (3) prescribed as offence for purposes of Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), regs. 36 and 38, (31.03.2008) by Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), reg. 22(g), in effect as per reg. 2.
E385
Power pursuant to section exercised (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), in effect as per reg. 1(2).
E386
Offence under subs. (3) prescribed as offence for purposes of s. 34(5)(a) (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), reg. 21(g), in effect as per reg. 1(2).
E387
Power pursuant to section exercised (20.05.1998) by Waste Management (Miscellaneous Provisions) Regulations 1998 (S.I. No. 164 of 1998), in effect as per reg. 1(2).
E388
Power pursuant to section exercised (20.05.1998) by Waste Management (Hazardous Waste) Regulations 1998 (S.I. No. 163 of 1998), in effect as per reg. 2.
E389
Previous affecting provision: pursuant to section exercised (16.07.2008) by Waste Management (Batteries and Accumulators) Regulations 2008 (S.I. No. 268 of 2008); revoked by European Union (Batteries and Accumulators) Regulations 2014 (S.I. No. 283 of 2008), reg. 49(1), subject to transitional provision in para. (2) and construed as per para. (3), as amended (30.07.2014) by European Union (Batteries and Accumulators) (Amendment) Regulations 2014 (S.I. No. 349 of 2014), reg. 2.
E390
Previous affecting provision: pursuant to section exercised (15.12.2007 and 31.03.2008) by Waste Management (Packaging) Regulations 2007 (S.I. No. 798 of 2007), in effect as per reg. 3; revoked (21.06.2014) by European Union (Packaging) Regulations 2014 (S.I. No. 282 of 2014), reg. 36(1), in effect as per reg. 3; subject to transitional provision and construed as per reg. 36(2) and (3).
E391
Previous affecting provision: power pursuant to section exercised (1.01.2008) by Waste Management (Tyres and Waste Tyres) Regulations 2007 (S.I. No. 664 of 2007), in effect as per reg. 1(2); revoked (1.10.2017) by Waste Management (Tyres and Waste Tyres) Regulations 2017 (S.I. No. 400 of 2017), in effect as per reg. 1(2).
E392
Previous affecting provision: offence under subs. (3) prescribed (12.07.2004) for purposes of Environmental Protection Agency Act 1992 (7/1992), s. 84(4)(a) by Environmental Protection Agency (Licensing) (Amendment) Regulations 2004 (S.I. No. 394 of 2004), reg. 6(d), in effect as per reg. 2; revoked (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 42(1) and sch. 2, subject to transitional provision in para. (2).
E393
Previous affecting provision: pursuant to section exercised (30.08.2001) by Waste Management (Collection Permit) Regulations 2001 (S.I. No. 402 of 2001); revoked (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), reg. 2(1) and sch. 1, in effect as per reg. 1(2), subject to transitional provision in reg. 2(2).
E394
Previous affecting provision: pursuant to section exercised (20.05.1998) by Waste Management (Transfrontier Shipment of Waste) Regulations 1998 (S.I. No. 149 of 1998), in effect as per reg. 1(2); revoked (12.07.2007) by Waste Management (Shipments of Waste) Regulations 2007 (S.I. No. 419 of 2007), reg. 12, in effect as per reg. 1(2).
E395
Previous affecting provision: pursuant to section exercised (20.05.1998) by Waste Management (Movement of Hazardous Waste) Regulations 1998 (S.I. No. 147 of 1998), in effect as per reg. 1(2); revoked (31.12.2011) by European Communities (Shipments of Hazardous Waste exclusively within Ireland) Regulations 2011 (S.I. No. 324 of 2011), reg. 19(2), in effect as per reg. 19(2).
PART V
Recovery and Disposal of Waste
Annotations
Editorial Notes:
E396
Discharge by licence holder under Part is an activity governed by European Communities (Environmental Liability) Regulations 2008 as provided (1.04.2009) by European Communities (Environmental Liability) Regulations 2008 (S.I. No. 547 of 2008), reg. 3(1)(a) and sch. 3, in effect as per reg. 1(2).
S.I. No. 164/1998 –
Waste Management (Miscellaneous Provisions) Regulations, 1998
WASTE MANAGEMENT (MISCELLANEOUS PROVISIONS) REGULATIONS, 1998
In exercise of the powers conferred on the Minister for the Environment and Local Government by sections 7 , 11 , 15 , 18 , 22 , 32 , 34 and 36 of the Waste Management Act, 1996 (No. 10 of 1996), which said powers are delegated to me by the Environment and Local Government (Delegation of Ministerial Functions) (No. 2) Order, 1997 ( S.I. No. 428 of 1997 ), I, Dan Wallace, Minister of State at the Department of the Environment and Local Government, hereby make the following Regulations:—
1. (1) These Regulations may be cited as the Waste Management (Miscellaneous Provisions) Regulations, 1998.
(2) These Regulations shall come into operation on the 20th day of May, 1998.
2. The purposes for which these Regulations are made include the purpose of giving effect to provisions of Council Directive 75/439/EEC of 16 June, 1975 on the disposal of waste oils, as amended by Council Directive 87/101/EEC of 22 December, 1986 (1)
(1) O.J. No. L 194/23, 25 July 1975 and O.J. No. L 42/43, 12 February 1987.
3. In these Regulations—
“the Act” means the Waste Management Act, 1996 ;
“Dublin Corporation” means the Right Honourable the Lord Mayor, Aldermen and Burgesses of Dublin.
4. It is hereby prescribed that summary proceedings for an offence under the Act may be brought by any person.
5. Section 32(2) of the Act shall not apply in respect of the transfer of waste to a person who is not prohibited under the Act or the Act of 1992 from undertaking the collection, recovery or disposal of the category of waste in question.
6. (1) It is hereby prescribed that the 20th day of May, 1998 shall be the prescribed day for the purposes of section 34(1) of the Act in relation to the collection of waste oils for the purpose of transporting such waste from the premises at which it is held.
(2) Section 34(1) of the Act shall not apply in respect of the collection of waste oils by a person for the purpose of transporting such waste from the premises at which it is held, where such collection is carried on under and in accordance with a waste collection permit granted to that person by—
(a) the local authority in whose functional area the principal place of business of the person is situate, or
(b) in the case of a person whose principal place of business is situated outside of the State, Dublin Corporation.
(3) Section 34(1) of the Act shall not apply in respect of the collection of waste oils by a person for the purpose of transporting such waste from the premises at which it is held, where—
(a) a permit granted to the person under the 1992 Regulations was in force immediately prior to the commencement of these Regulations, and the permit would have continued in force save for the revocation of the 1992 Regulations by the Act, and
(b) the collection activity is carried on in accordance with the terms of the permit.
(4) Article 6 of the Waste Management (Movement of Hazardous Waste) Regulations, 1998 shall not apply in respect of the collection of waste oils carried on in accordance with the requirements of this article.
(5) In this article —
“the 1992 Regulations” means the European Communities (Waste Oils) Regulations, 1992 ( S.I. No. 399 of 1992 ), and
“waste oils” means any mineral-based lubrication or industrial oils which have become waste, including used combustion engine oils, gearbox oils, mineral lubricating oils, oils for turbines and hydraulic oils.
7. The Schedule to the Waste Management (Planning) Regulations, 1997 is hereby amended by the addition of—
(a) the following paragraph after paragraph (b) in Part 5.3:
“(bb) the need to give priority to the processing of waste oils by regeneration,”, and
(b) the following paragraph after paragraph (a) in Part 5.5:
“(aa) the need to ensure that satisfactory arrangements exist for the collection of waste oils from holders,”.
8. A person shall not furnish information which is false or misleading to a material extent in any document used for the purposes of these Regulations.
9. (1) A local authority may, by notice in writing, require a person to whom these Regulations apply to defray or contribute towards any costs incurred by the local authority in the performance of its functions in relation to these Regulations, including the cost of any inspection or investigations carried out or caused to be carried out by the local authority, and the taking and analysis of any sample of waste.
(2) A person on whom a notice is served under sub-article (1) shall comply with the requirements of the notice within such period, being a period of not less than three weeks, as may be specified in the notice, and in default of such payment, the amount concerned may be recovered by the local authority concerned as a simple contract debt in any court of competent jurisdiction.
Dated this 19th day of May, 1998
DAN WALLACE
Minister of State at the Department of the Environment and Local Government
EXPLANATORY NOTE
These Regulations prescribe the day on or after which the collection of waste oils requires a waste collection permit in accordance with section 34 (1) of the Waste Management Act, 1996 . They also provide for other matters including the prosecution of offences by any person, the transfer of waste, the making of waste management plans, the defrayal of costs incurred by local authorities and the provision of information.
S.I. No. 820/2007 –
Waste Management (Collection Permit) Regulations 2007
S.I. No. 820 of 2007
WASTE MANAGEMENT (COLLECTION PERMIT) REGULATIONS 2007
S.I. No. 820 of 2007
WASTE MANAGEMENT (COLLECTION PERMIT) REGULATIONS 2007
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 28th December, 2007.
The Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on him by sections 7, 15, 18, 19, 34, 36 and 50 of the Waste Management Acts 1996 to 2007, hereby makes the following Regulations:—
Citation and commencement
1. (1) These Regulations may be cited as the Waste Management (Collection Permit) Regulations 2007.
(2) These Regulations shall come into operation on 31 March 2008.
Revocations and transitional arrangements
2. (1) Subject to sub-article (2), the Regulations specified in the first schedule to these Regulations (referred to hereafter as “the regulations revoked”) are hereby revoked.
(2) The provisions of the Regulations revoked shall, notwithstanding sub-article (1), continue to apply and have effect in relation to any application that is made, or any waste collection permit which has been granted, before the coming into operation of these Regulations.
(3) Where an application for a review of an existing waste collection permit is made after the coming into effect of these Regulations, the application shall be reviewed pursuant to the procedures set out in articles 23 or 24, as appropriate. On completion of the review of the waste collection permit the full provisions of these Regulations will apply in relation to the activity.
Purpose of Regulations
3. The purpose for which these Regulations are made include giving effect to the provisions of—
(a) Council Directive 75/439/EEC of 16 June 1975 1 on the disposal of waste oils, as amended by Council Directive 87/101/EEC of 22 December 1986 2 ,
(b) Council Directive 75/442/EEC of 15 July 1975 3 on waste, as amended by Council Directive 91/156/EEC of 18 March 1991 4 and codified under Directive 2006/12/EC of 5 April 2006 5 of the European Parliament and of the Council on waste,
(c) Directive 2006/11/EC of 15 February 2006 6 of the European Parliament and of the Council on pollution caused by certain dangerous substances discharged into the aquatic environment of the community,
(d) Council Directive 80/68/EEC of 17 December 1979 7 on the protection of groundwater against pollution caused by certain dangerous substances,
(e) Council Directive 87/217/EEC of 19 March 1987 8 on the prevention and reduction of environmental pollution by asbestos,
(f) Council Directive 91/676/EEC of 12 December 1991 9 concerning the protection of waters against pollution caused by nitrates from agricultural sources,
(g) Council Directive 91/689/EEC of 12 December 1991 10 on hazardous waste,
(h) Directive 2000/60/EC of 23 October, 2000 11 of the European Parliament and of the Council establishing a framework for Community action in the field of water policy,
(i) Directive 2000/53/EC of 18 September 2000 12 of the European Parliament and of the Council on End-of-Life Vehicles as amended by Council Decision 2005/673/EC of 20 September 2005 13 ,
(j) Directive 2002/96/EC of 27 January 2003 14 of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE), as amended by Directive 2003/108/EC of 8 December 2003 15 of the European Parliament and of the Council,
(k) Directive 94/62/EC of 20 December 1994 16 of the European Parliament and of the Council on packaging and packaging waste, as amended by Directive 2004/12/EC 11 February 2004 17 of the European Parliament and of the Council,
(l) Regulation (EC) No. 2037/2000 of 29 June 2000 18 of the European Parliament and of the Council on substances that deplete the ozone layer, as amended by Regulation (EC) No. 2038/2000 of 29 September 2000 19 of the European Parliament and of the Council, Regulation (EC) No. 2039/2000 of 29 September 2000 20 of the European Parliament and of the Council, Regulation (EC) No. 1804/2003 of 16 October 2003 21 of the European Parliament and of the Council, Commission Regulation (EC) No. 2077/2004 of 4 December 2004 22 , Commission Regulation (EC) No. 29/2006 of 11 January 2006 23 and Commission Regulation (EC) No. 1784/2006 of 4 December 2006 24 ,
(m) Regulation (EC) N0. 2150/2002 of the European Parliament and of the Council of 25 November 2002 25 on waste statistics,
(n) Regulation (EC) No. 1774/2002 of the European Parliament and of the Council of 3 October 2002 26 laying down health rules concerning animal by-products not intended for human consumption, as amended by Commission Regulation (EC) No. 808/2003 of 12 May 2003 27 ,
(o) Regulation (EC) No 850/2004 of the European Parliament and the Council of 29 April 2004 28 on persistent organic pollutants and amending Directive 79/117/EEC 29 , as amended by Council Regulation (EC) No. 1195/2006 30 and Council Regulation (EC) No. 172/2007 31 ,
(p) Regulation (EC) No. 842/2006 of 17 May 2006 32 of the European Parliament and of the Council on certain fluorinated greenhouse gases,
(q) Directive 2000/76/EC of 4 December 2000 33 of the European Parliament and of the Council on the incineration of waste,
(r) Council Directive 91/157/EEC of 18 March 1991 34 on batteries and accumulators containing certain dangerous substances as amended by Commission Directive 93/86/EEC of 4 October 1993 35 and by Commission Directive 98/101/EC of 22 December 1998 36 ,
(s) Directive 2006/66/EC of 6 September 2006 37 of the European Parliament and the Council on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC 38 , and
(t) Directive 2006/118/EC of 12 December 2006 39 of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration.
Interpretation generally.
4. (1) In these Regulations—
(a) any reference to a schedule or article that is not otherwise identified is a reference to a schedule or article of these Regulations, and
(b) any reference to a sub-article or paragraph that is not otherwise identified is a reference to the sub-article or paragraph of the provision in which the reference occurs.
(2) In these Regulations, save where the context otherwise requires—
“the Act” means the Waste Management Acts 1996 – 2007;
“activity” means, in relation to the collection of waste, an activity to which Section 34(1) of the Act applies;
“the Agency” means the Environmental Protection Agency established under section 19 of the Environmental Protection Agency Acts 1992 and 2003;
“anaerobic digestion” means the biological decomposition of biowaste in the absence of oxygen and under controlled conditions by the action of micro-organisms in order to produce biogas and digestate;
“animal by-products” has the meaning assigned to it by article 2 of Regulation (EC) No. 1774/2002;
“applicant” means, as the case may be, an applicant for—
(a) a waste collection permit, or
(b) a review of a waste collection permit;
“application” means, as the case may be, an application for—
(a) a waste collection permit, or
(b) a review of a waste collection permit;
“application for a review of a waste collection permit” means an application for a review of a waste collection permit under section 34 of the Act;
“application for a waste collection permit” means an application for a waste collection permit under section 34 of the Act;
“authorised facility” means a facility that has been granted a waste/site authorisation in the form of a waste licence, a waste facility permit or a certificate of registration;
“authorised person” has the meaning assigned to it under section 5 of the Act;
“biogas” means the mixture of carbon dioxide, methane and trace gases resulting from the controlled anaerobic digestion of biowaste;
“biodegradable” means waste that is capable of undergoing anaerobic or aerobic decomposition, such as food and garden waste, and paper and cardboard;
“biological treatment” means composting, anaerobic digestion, mechanical-biological treatment or any other biological treatment process for stabilising and sanitising biodegradable waste, including pre-treatment processes;
“biowaste” means source segregated household or commercial waste of an organic or putrescible character, such as food or garden waste;
“bring facility” means a facility at which segregated wastes may be deposited by the public in appropriate purpose-built receptacles for the purposes of recovery;
“broker” has the meaning assigned to it under section 5 of the Act;
“catering waste” means all waste food, including used cooking oil which originates in restaurants, catering facilities and kitchens (including central kitchens and household kitchens);
“central collection point” means—
(a) a Civic Amenity Facility, or
(b) other facilities for the reception, storage (including temporary storage), segregation, sorting or repackaging of waste pending transfer for subsequent submission to a recovery activity at an authorised facility,
subject to such a facility being appropriately licensed, permitted or registered under Regulations made pursuant to section 39 of the Act, or other such facilities as may be prescribed;
“certificate of registration” means a certificate granted by the Agency or, as appropriate, a local authority under the Waste Management (Facility Permit and Registration) Regulations 2007 or, as the case may be, the Waste Management (Permit) Regulations 1998 40 as a waste authorisation and which regulates the reception, storage (including temporary storage), segregation, sorting or repackaging of waste at a facility and, for the purposes of these Regulations, shall include a “registration certificate” which has been granted as a waste authorisation by the Agency or, as the case may be, a local authority in accordance with the provisions of article 39 of the Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 41 and which regulates the reception, storage, segregation, sorting or repackaging of Waste Electrical and Electronic Equipment at a facility;
“civic amenity facility” means a facility operated by or on behalf of a local authority or a private sector operator which is provided for the efficient reception and temporary storage of recyclable and non-recyclable waste materials, including segregated waste and which is appropriately licensed, permitted or registered under Regulations made pursuant to Section 39 of the Act;
“commercial documentation” means a record of the particulars of each consignment of waste which is delivered to a facility, including details of—
(a) the date of collection,
(b) the sources, types and quantities of the wastes collected,
(c) the name, address and waste authorisation reference number of the carrier, and
(d) name, address and waste authorisation reference number of the facility to which the waste is delivered;
“Community Act” has the meaning assigned to it by section 5 of the Act;
“composting” means the autothermic and thermophilic biological decomposition of separately collected biowaste, including organic sludges of biological origin, in the presence of oxygen and under controlled conditions in order to produce compost, and “compost” and “compostable” shall be construed accordingly;
“dealer” has the meaning assigned to it under section 5 of the Act;
“Directive 2006/12/EC” means Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste which codifies Council Directive 75/442/EEC of 15 July 1975 on waste, as amended by Council Directive 91/156/EEC of 18 March 1991;
“electrical and electronic equipment” or “EEE” means equipment which is dependent on electric currents or electromagnetic fields in order to work properly and equipment for the generation, transfer and measurement of such currents and fields falling under the categories set out in Annex IA of Directive 2002/96/EC of the European Parliament and the Council of 27 January 2003 on waste electrical and electronic equipment (WEEE) and designed for use with a voltage rating not exceeding 1,000 Volt for alternating current and 1,500 Volt for direct current;
“electronic means” means using electronic equipment for the processing (including digital compression) and storage of data which is transmitted, conveyed and received by wire, by radio or by other electromagnetic means;
“end-of-life vehicle” means a specified vehicle which is discarded or is to be discarded by its registered owner as waste and shall be read in accordance with the meaning of section 4(1)(a) of the Act and article 1(a) of Council Directive 75/442/EEC of 15 July 1975 on waste;
“environmental pollution” has the meaning assigned to it in section 5 of the Act;
“European Waste Catalogue” or “EWC” or means the list of wastes set out in Commission Decision 2001/118/EC of 16 January 2001 42 (made pursuant to article 1(a) of Council Directive 75/442/EEC on waste) and includes such amendments as may be made to the list from time to time;
“facility” has the meaning assigned to it by section 5 of the Act;
“fit and proper person” applies to a person if—
(a) neither that person nor any other relevant person has been convicted of an offence under the Act, the Environmental Protection Agency Acts 1992 and 2003, the Local Government (Water Pollution) Acts 1977 and 1990 or the Air Pollution Act 1987 ,
(b) in the reasonable opinion of the nominated authority, that person or, as appropriate, any person or persons employed by him or her to direct or control the carrying on of the activity to which the waste collection permit relates or, as the case may be, will relate has or have the requisite technical knowledge or qualifications to carry on that activity in accordance with the waste collection permit and the other requirements of the Act,
(c) in the reasonable opinion of the nominated authority, that person is likely to be in a position to meet any financial commitments or liabilities that will be entered into or incurred by him or her in carrying on the activity to which the waste collection permit relates in accordance with the terms thereof or in consequence of ceasing to carry on that activity;
“Fluorinated Greenhouse Gas” has the meaning as defined in Regulation (EC) No. 842/2006;
“Fluorinated Greenhouse Gas container” means a product which is designed primarily for transporting or storing fluorinated greenhouse gases;
“halon container” means a product which is designed primarily for transporting or storing halons;
“halons” means those controlled substances contained in fire protection systems and fire extinguishers covered by the scope of Regulation (EC) No. 2037/2000 as detailed in Annex 1 of that Regulation;
“hazardous waste” has the meaning assigned to it in section 4 of the Act;
“household waste” has the meaning assigned to it by section 5 of the Act;
“IPPC Licence” means a licence for the purposes of section 83 of the Environmental Protection Agency Act 1992 and 2003;
“local authority” has the meaning assigned to it in section 5 of the Act;
“mechanical-biological treatment” means the treatment of residual municipal waste through a combination of mechanical processing and biological stabilisation, in order to stabilise and reduce the volume of waste which requires disposal;
“multi-regional waste collection permit” means a waste collection permit for the purposes of section 34 of the Act which regulates the waste collection activities of a person in more than one region;
“nominated authority” means a local authority nominated under paragraph (aa) of Section 34(1) of the Act for the purpose specified therein and, for the purposes of these Regulations, shall be construed as including any local authority which grants a multi-regional waste collection permit or which acts on its own behalf to grant waste collection permits within its own functional area;
“organic waste” means any waste that is capable of undergoing anaerobic or aerobic decomposition through a biological treatment process, such as food and garden waste;
“party to an application” means the applicant, the nominated authority to which the application is being made and, where appropriate, any relevant local authority or the Agency, and “party” shall be construed accordingly;
“premises” has the meaning assigned to it in section 5 of the Act;
“principal office” means the central office of the authority concerned, or such other office of the authority which may be designated by the authority for the purposes of dealing with matters covered by these Regulations;
“principal waste collection activity” when used in the context of an application for a multi-regional waste collection permit or multi-regional waste collection permit review being made to a nominated authority in respect of a number of regions, means the Region where, in the reasonable opinion of the nominated authority, the greatest extent of waste collection activities, by virtue of the number of premises served or the quantity of waste collected, are being or, the case may be, are proposed to be carried out by an applicant;
“producer responsibility scheme” means a scheme devised by industry with the approval of the Minister to take steps for the purpose of the prevention, minimisation, limitation or recovery of waste as respects the class or classes of product to which the scheme relates and may include a requirement to achieve specified objectives and targets in relation to those matters;
“refrigerant container” means a product which is designed primarily for transporting or storing refrigerant gases;
“refrigerant gases” means those gases contained in refrigeration, air-conditioning and heat pump equipment whether alone or in a mixture, including those gases as detailed in Annex I of Regulation (EC) No. 2037/2000 and Annex I of Regulation (EC) No. 842/2006 and where chlorofluorocarbons (CFCs), hydrochloroflurocarbons (HCFCs) covered by Regulation (EC) No. 2037/2000 and hydrofluorocarbons (HFCs) under Regulation (EC) No. 842/2006 are different refrigerant gas types;
“region” means the local authority area or areas specified in Column (1) of the third schedule which have made or jointly made a waste management plan as respects their functional area or areas in accordance with section 22(3) of the Act;
“registration certificate” means a waste authorisation granted by the Agency or, as the case may be, the relevant local authority under the provisions of article 39 of the Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 and which regulates the reception, storage (including temporary storage), segregation, sorting or repackaging of waste electrical and electronic equipment at a facility;
“registration holder” means a holder of a certificate of registration issued in accordance with the provisions of the Waste Management (Facility Permit and Registration) Regulations 2007;
“Regulation (EC) No. 842/2006” means Regulation (EC) No. 842/2006 of the European Parliament and of the Council of 17 May 2006 on certain fluorinated greenhouse gases;
“Regulation (EC) No. 1774/2002” means Regulation (EC) No. 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption, as amended by Commission Regulation (EC) No. 808/2003 of 12 May 2003;
“Regulation (EC) No. 2037/2000” means Regulation (EC) No. 2037/2000 of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer, as amended by Regulation (EC) No. 2038/2000 of the European Parliament and of the Council of 29 September 2000, Regulation (EC) No. 2039/2000 of the European Parliament and of the Council of 29 September 2000, Regulation (EC) No. 1804/2003 of the European Parliament and of the Council of 16 October 2003, Commission Regulation (EC) No. 2077/2004 of 4 December 2004 and Commission Regulation (EC) No. 29/2006 of 11 January 2006;
“relevant local authority” means any local authority, other than a nominated authority to which an application has been made, in whose functional area waste collection activities are being carried on in accordance with a waste collection permit or are proposed to be carried on under the terms of an application, as the case may be;
“temporary”, when used in relation to the storage of waste, shall be construed as a reference to the storage of waste for a period not exceeding 6 months;
“transport” has the meaning assigned to it by section 5 of the Act;
“valid application” means an application for a waste collection permit which, in the reasonable opinion of the nominated authority, complies with the provisions of articles 6 and 7 of these Regulations;
“vehicle registration document” in relation to a vehicle shall be construed in accordance with the meaning of ‘relevant certificate’ under article 2 of the Road Vehicles (Registration and Licensing) (Amendment) Regulations 2004;
“waste battery and accumulator” means any battery or accumulator which is waste within the meaning of article 1(a) of Directive 2006/12/EC;
“waste collection permit” means a waste collection permit for the purposes of section 34 of the Act and, for the purposes of these Regulations, any reference to a permit that is not otherwise identified is a reference to a waste collection permit or, as the case may be, a multi-regional waste collection permit;
“waste electrical and electronic equipment” or “WEEE” means electrical or electronic equipment, which is waste within the meaning of article 1(a) of Directive 2006/12/EC of the European Parliament and the Council of 5 April 2006, including all components, subassemblies and consumables which are part of the product at the time of discarding;
“waste facility permit” means a permit for the purposes of section 39(4) of the Act and for the purposes of these Regulations shall include a waste permit granted under the Waste Management (Permit) Regulations 1998;
“waste licence” means a licence for the purposes of section 39(1) of the Act;
“Waste Management Acts 1996 to 2007” mean the Waste Management Act 1996 43 as amended by the Waste Management (Amendment) Act 2001 44 , Part 3 of the Protection of the Environment Act 2003 45 , Waste Management (Electrical and Electronic Equipment) Regulations 2005 46 and the Waste Management (Environment Levy) (Plastic Bag) Order 2007 47 ;
“waste oils” means any mineral or synthetic lubrication or industrial oils which have become unfit for the use for which they were originally intended, such as used combustion engine oils and gearbox oils, lubricating oils, oils for turbines and hydraulic oils;
“WEEE Directive” or “Waste Electrical and Electronic Equipment Directive” means Directive 2002/96/EC of the European Parliament and of the Council of 27January 2003 on waste electrical and electronic equipment, as amended by Directive 2003/108/EC of the European Parliament and of the Council of 8 December 2003 48 ;
“working day” means a day on which the principal office of the nominated authority is open for business;
“written” or “in writing” means any expression consisting of words or figures which can be read, reproduced and subsequently communicated and which may include information which is transmitted and stored by electronic means.
Making of an application for a waste collection permit
5. (1) An application for a waste collection permit in respect of a single region shall be made in writing, or other form of notification including electronic means, as may be agreed by the nominated authority, to the principal office of the nominated authority in the region, as specified in Column (1) of the third schedule.
(2) Where an applicant proposes to collect waste in more than one region, an application for a multi-regional waste collection permit shall be made in respect of all of the regions proposed, in writing, or other form of notification including electronic means, as may be agreed with the nominated authority, to the principal office of the nominated authority in the region where the principal waste collection activities are proposed to take place.
(3) It shall be a matter for the nominated authority to which an application for a multi-regional waste collection permit is submitted to satisfy itself that the principal waste collection activities will be carried out within the local authority functional area or areas which constitute the region concerned.
(4) Where the nominated authority to which an application has been made decides under sub-article (3), in its reasonable opinion, that the principal waste collection activity as proposed is considered to take place in another region, the nominated authority shall advise the applicant to make an application to the nominated authority in the region concerned.
(5) Insofar as possible, local authorities shall co-operate to ensure an efficient administration of the waste collection permit system to reduce the administrative burden for applicants.
Notice of intention to apply for a waste collection permit.
6. (1) An applicant shall, within the period of 10 working days before the making of an application, publish notice of the intention to make the application in either a national newspaper, or in newspapers circulating in each of the local authority areas from which waste will be collected.
(2) A notice published pursuant to this article shall—
(a) contain as a heading, and in uppercase, the words “APPLICATION TO [NAME OF THE NOMINATED AUTHORITY] FOR A WASTE COLLECTION PERMIT RELATING TO A WASTE COLLECTION ACTIVITY OR WASTE COLLECTION ACTIVITIES IN [NAME OF RELEVANT REGION or REGIONS],
(b) give the full name and the address of the principal place of business of the applicant,
(c) state that an application for a waste collection permit will be made to the above mentioned nominated authority within 10 working days of the newspaper notice,
(d) specify the nature of the waste collection activity to which the application relates and the local authority area or areas in which the collection activity, or activities, will be carried on, and
(e) state that a copy of the application will be available for inspection or purchase at the principal office of the nominated authority from as soon as may be.state that a copy of the application will be available for inspection or purchase at the principal office of the nominated authority from as soon as may be.
Contents of an application for a waste collection permit.
7. (1) An application shall contain the following information—
(a) the full name of the applicant,
(b) all trade names used or proposed to be used by the applicant,
(c) the address of the principal place of business of the applicant and, where applicable, the telephone number, telefax number and e-mail address of the applicant,
(d) if the applicant is a partnership, the name and address of each partner,
(e) if the applicant is a body corporate, the address of its registered office and the name and address of any person who is a director, manager, company secretary or other similar officer of the body corporate,
(f) the type, estimated quantity and nature of the waste or wastes to be collected, and the nature of the collection activity, including European Waste Catalogue Code(s) and description(s) pursuant to Commission Decision 2001/118 of 16 January 2001 or subsequent amendments as may be made to the list from time to time,
(g) the local authority area or areas in which the waste collection activity will be carried on,
(h) in the case of an application for a multi-regional waste collection permit, an explanation of the basis on which the region has been chosen by the applicant as being the location in which the principal waste collection activity is proposed to take place,
(i) details of any facility that is intended to be used by the applicant in connection with the activity to which the application relates,
(j) in the case of household waste collection, the frequency of collections and the method of charging for collection of waste which is intended to encourage the prevention, reuse, recycling and recovery of waste, including details on the provision of segregated collection for dry recyclables and for biowaste,
(k) information in relation to any offence, prescribed under article 21, of which the applicant has been convicted within the period of 10 years prior to the making of the application, including information in relation to the court hearing the case, the nature of the offence and any penalty or requirement imposed by the court, and
(l) information in relation to the terms of any requirement imposed on the applicant by order of a court under the Act.
(2) The information to be provided under paragraphs (k) and (l) of sub-article (1) shall—
(a) in a case where the applicant is a body corporate, include such information in relation to the applicant and to—
(i) each director, manager, company secretary or other similar officer of that body corporate, and
(ii) each body corporate in relation to which a director, manager, company secretary or other similar officer of the applicant body corporate is, or was at any time during the period of 10 years prior to the making of the application, a director, manager, company secretary or other similar officer.
(b) in a case where the applicant is a natural person or a partnership, include such information in relation to the applicant and each body corporate in which the person or any partner, as the case may be, is, or was, at any time during the period of ten years prior to the making of the application, a director, manager, company secretary or other similar officer.
(3) An application shall be accompanied by—
(a) a copy of the page of the newspaper, or newspapers, in which the notice in accordance with article 6 has been published,
(b) a statutory declaration, as set out in the second schedule, signed by—
(i) the applicant,
(ii) where the applicant is a partnership, each partner, or
(iii) where the applicant is a body corporate, a director, manager, company secretary or other similar officer of that body corporate authorised to do so by the body,
(c) a copy of a current Tax Clearance/C2 Certificate issued to the applicant by the Revenue Commissioners or, where the applicant is resident outside the State, an appropriate Certificate from the relevant tax authorities,
(d) a copy of the appropriate Certificate issued by the Companies Registration Office,
(e) a copy of proof of registration of trade name, where applicable,
(a) the fee payable in accordance with article 8 and as set out in the third schedule of these Regulations,
(b) in the case of a multi-regional application a copy of the complete application for each relevant local authority, and
(c) in the case of an application relating to the collection of hazardous waste a copy of the complete application for the Agency.
Fees payable
8. (1) The applicant shall pay a fee to the nominated authority in respect of an application for a waste collection permit or the review of a waste collection permit—
(a) in the case of an application for a waste collection permit, the fee payable shall be the amount indicated in column (2) of the third schedule, or
(b) in the case of an application for a review of a waste collection permit, the fee payable shall be half the amount indicated in column (2) of the third schedule.
(2) In the case of a multi-regional application, the fee payable under sub-article (1) shall be—
(a) in the case of an application for a waste collection permit, the fee payable shall be the amount indicated in column (2) of the third schedule for each relevant region subject to a maximum fee of €5,000, or
(b) in the case of an application for the review of a waste collection permit, the fee payable shall be the amount indicated in column (2) of the third schedule for each relevant region subject to a maximum fee of €2,500.
(3) Notwithstanding the provisions of sub-articles (1) and (2), the nominated authority shall have an absolute discretion to refund or waive all or part of the fee payable in respect of a particular application where the authority is satisfied that the payment in full of the fee would not be just and reasonable having regard to the limited scale or nature of the activity concerned, or where the charging of a full fee may act as a financial disincentive to individuals / companies who are operating on a small scale and are engaged in environmentally beneficial operations such as waste recovery or recycling.
Procedure on receipt of an application for a waste collection permit.
9. (1) On receipt of an application for a waste collection permit, the nominated authority shall—
(a) immediately stamp the application with the date of receipt and assign a reference number to the application, and
(b) notify the applicant in writing that the application has been received by the authority.
(2) Within a period of 10 working days following receipt of an application for a waste collection permit, the nominated authority shall—
(a) decide whether the requirements of articles 6 and 7 have been complied with, and
(b) comply with the relevant requirements of article 12 of the Waste Management (Register) Regulations 1997 49 .
(3) Where—
(a) a period of more than 10 working days has elapsed between the publication of a notice pursuant to article 6 and the making of the relevant application, or
(b) it appears to the nominated authority reasonably considers that the published notice does not comply with the requirements of article 6 or is, because of its content or for any other reason, misleading or inadequate for the information of the public,
the nominated authority may, by notice in writing, require the applicant to publish such further notice in such manner, by such time and for such period and in such terms as it may specify and to submit to it such evidence as it may specify in relation to compliance with any such requirement.
(4) Where a nominated authority reasonably considers that any of the requirements of article 7 have not been complied with in respect of an application, it shall, as it considers appropriate having regard to the extent of the failure to comply with the said requirements, by notice in writing within 5 working days of making its decision—
(a) inform the applicant of such failure of compliance and advise that the application is invalid and cannot be considered by the authority, or
(b) require the applicant, within a period of 25 working days from the date of the notice, to take such steps or furnish such submissions, plans, documents or other information and particulars as the nominated authority considers are necessary for compliance with the said requirements.
(5) The nominated authority shall not serve a notice under sub-article (3) or (4) any later than 10 working days after the making of its decision in accordance with sub-article (2).
(6) Where a nominated authority serves a notice in accordance with sub-articles (3) or (4)(b), and the applicant fails to comply with the requirements specified therein, the authority may, by notice in writing, within 10 working days of making its decision, inform the applicant of such failure of compliance and that the application is invalid and cannot be considered further by the authority.
(7) Where, in accordance with sub-articles 4(a) and (6), a nominated authority informs an applicant that an application is invalid, it shall return to the applicant all documentation which was submitted to the nominated authority in relation to the application.
(8) Where a nominated authority considers, in its opinion and in accordance with sub-article (2), that the requirements of articles 6 and 7 have been complied with in respect of an application, it shall, within 5 working days of making its decision, send to the applicant an acknowledgement of receipt of a valid application.
Further information.
10. (1) Not withstanding the provisions of article 9(8), a nominated authority may, by notice in writing, require the applicant to—
(a) furnish such further information or particulars relating to the application as it considers necessary to enable it to make a decision in respect of the application, or
(b) produce such evidence as it may reasonably require in order to verify any information or particulars furnished by the applicant in, or in relation to, the application.
(2) Any notice under sub-article (1) shall not be served by a nominated authority more than 25 working days after the date of issue by the authority, in accordance with Article 9(8), of an acknowledgment of the receipt of a valid application.
(3) Notwithstanding article 14, where there is a failure or refusal to comply with a requirement of a nominated authority under sub-article (1) within 25 working days of the date of notice of such requirement, the nominated authority may, if it thinks fit, proceed with its consideration of the application in the absence of the information, particulars or evidence specified in the requirements and make a decision in relation to the application and notify the applicant under section 34(8) of the Act of that decision.
Consultation with other local authorities and the Agency.
11. (1) Where a nominated authority receives an application in respect of a waste collection activity which will be carried on within the functional area or areas of any other local authority, it shall notify such other relevant local authority or other relevant local authorities as soon as may be, and that notice shall be accompanied by a copy of the said application, including any information and particulars received pursuant to a notice under articles 8 and 9. Any additional information submitted by the applicant under article 10, and any submissions received under article 13, shall also be circulated, as soon as they become available, to the relevant local authorities in whose functional areas in which the waste collection activity is proposed to be carried out.
(2) Where the nominated authority receives an application in respect of an activity comprising or involving the collection of hazardous waste, it shall notify the Agency as soon as may be, and such notice shall be accompanied by a copy of the said application, including any information and particulars received pursuant to a notice under article 9. Any additional information submitted by the applicant under article 10, and any submissions received under article 13, shall also be provided, as soon as they become available, to the Agency.
(3) Before it gives notice of a decision under article 17, the nominated authority shall have regard, within a period of 25 working days from the date of a relevant notification under sub-articles (1) or (2), to any written submission received from any other relevant local authority or the Agency.
(4) Where a relevant local authority or the Agency specifically states that particular matters raised in their submission to the nominated authority are required for the implementation of the waste management plan for their region or, as the case may be, the National Hazardous Waste Management Plan, the nominated authority must incorporate conditions in the waste collection permit to give effect to such provisions.
Availability and inspection of documents
12. (1) Where a nominated authority receives an application it shall make it available for public inspection as soon as may be.
(2) Where a nominated authority considers in its reasonable opinion, that the application is valid in accordance with the requirements of article 9 it shall make available for public inspection as soon as may be in accordance with this article—
(a) information and particulars received in relation to the application pursuant to a notice under article 9,
(b) further information provided by the applicant pursuant to a notice under article 10,
(c) a copy of any correspondence or notifications under article 11, and
(d) submissions received in relation to the application pursuant to article 13.
(3) (a) The documents and information specified in sub-article (2) shall be made available for public inspection during office hours at the principal office of the nominated authority, from as soon as may be after making a decision under article 9 that the application is valid.
(b) A copy of the application, or any extract therefrom, shall be made available for purchase, on request during office hours at the principal office of the nominated authority at such charge (if any), not exceeding the reasonable cost of making such copies, as the authority may determine.
(4) (a) Where an application received by a nominated authority is in respect of a waste collection activity which is proposed to be carried out within the functional area or areas of any other local authority, each relevant local authority shall make available for public inspection a copy of the completed application form during office hours at its principal office, from as soon as may be after a decision has been made under article 9 that the application is valid.
(b) A copy of the completed application form, or any extract therefrom, shall be made available for purchase, on request, during office hours at the principal office of each relevant local authority, at such charge (if any), not exceeding the reasonable cost of making such copies, as the authority may determine.
Submissions to a nominated authority in respect of an application for a waste collection permit
13. (1) Any person may, on their own initiative, or on the invitation of the nominated authority, within a period of 25 working days following the making available for inspection by a nominated authority of an application, make a written submission to the nominated authority in relation to the said application and the nominated authority shall have regard to the submission in making its decision on the application.
(2) The nominated authority shall, as soon as may be after receipt of a submission under sub-article (1)—
(a) notify the person in writing that the submission has been received by the nominated authority,
(b) notify the applicant in writing that the submission has been received by the nominated authority and has been made available for inspection at the principal office of the nominated authority from a specified date,
(c) forward a copy of the submission to the other relevant local authorities concerned, and in the case of a submission in relation to the collection of hazardous waste, to the Agency, and
(d) make the submission available for public inspection in accordance with article 12.
(3) An applicant may make a submission in writing to the nominated authority in relation to any submission received by the nominated authority under sub-article (1) within a period of 25 working days of the date of its notification to the applicant.
(4) A relevant local authority or the Agency, as appropriate, may make a submission in writing to the nominated authority in relation to any third party submission forwarded under sub-article (2)(c) within a period of 25 working days of the date of its issue to the relevant local authority or, as the case may be, the Agency.
(5) Where a relevant local authority or the Agency specifically state that particular matters raised in any submission to the nominated authority under sub-article (3) are required for the implementation of the Waste Management Plan for their region or, as the case may be, the National Hazardous Waste Management Plan, the nominated authority must incorporate conditions in the permit to give effect to such provisions.
Defrayal of or contribution towards, the costs of investigations
14. (1) Having considered the information submitted by the applicant under article 7 and any further information provided by the applicant at the request of the nominated authority under article 10(1)(b) to verify particulars or information furnished by the applicant in relation to the application, the nominated authority may decide, where it appears to it to be reasonable, to carry out or cause to be carried out such inspections, investigations and analyses as are necessary to decide on an application for a waste collection permit, an application for a review of a waste collection permit.
(2) The nominated authority may, by notice in writing, require an applicant or the holder of a waste collection permit, as the case may be, to defray or contribute towards any costs reasonably incurred by the nominated authority or a relevant local authority, including—
(a) the cost of any reasonable investigations carried out or caused to be carried out by the nominated authority or other relevant local authorities so as to enable the nominated authority to decide on an application for, or the review of, a waste collection permit,
(b) any costs incurred by the nominated authority or other relevant local authority in whose area the waste is being collected for the purpose of ensuring compliance by the holder of a collection permit with the requirements of the said collection permit, including the cost of any reasonable inspection or investigations carried out or caused to be carried out by the nominated authority or relevant local authority concerned, and the taking and analysis of any sample of waste.
(3) The amount of any payment required under sub-article (2) in respect of an application for a waste collection permit or an application for the review of a waste collection permit, or in ensuring compliance by a permit holder, taken together with the application fee set out in the third schedule, shall not exceed the costs incurred by a nominated authority or other relevant local authority in deciding on the application for a waste collection permit or the review of a waste collection permit.
(4) A person on whom a notice is served under sub-article (2) shall comply with the requirements of the notice within such period, being a period of not less than 15 working days, as may be specified in the notice, and in default of such payment,
(a) the nominated authority concerned may refuse to grant a waste collection permit or revoke an existing waste collection permit, and
(b) the amount concerned may be recovered by the nominated authority or relevant local authority concerned as a simple contract debt in any court of competent jurisdiction.the amount concerned may be recovered by the nominated authority or relevant local authority concerned as a simple contract debt in any court of competent jurisdiction.
Period for determination of an application for a waste collection permit
15. (1) Subject to sub-article (2), the nominated authority shall make a decision in relation to an application for a waste collection permit as expeditiously as possible and, in any event, grant, with or without conditions, or refuse to grant a waste collection permit, within a period of—
(a) 40 working days of the date of the receipt of a valid application in accordance with the requirements of article 9(2), or
(b) 40 working days of the date of receipt of further information or particulars in accordance with either article 9(4) or article 10, or
(c) 25 working days of the date of receipt of any submission received by the nominated authority under and in accordance with article 13(3) and 13(4),
which ever period is the longest.
(2) Where it appears to a nominated authority that it would not be possible or appropriate, because of the particular circumstances of an application or because of the number of applications for waste collection permits and the review of waste collection permits which have been submitted to the authority, to decide on an application within the period referred to in sub-article (1), the nominated authority shall, by notice in writing served on each party to the application before the expiration of that period, inform such party of the reasons why it would not be possible or appropriate to determine the application within that period and shall specify the date before which the authority intends that the application shall be determined.
(3) Where a notice has been served under sub-article (2), the nominated authority concerned shall take all reasonable steps to ensure that the application is decided upon before the date specified in the notice.
Withdrawal or abandonment of an application for a waste collection permit or the review of a waste collection permit.
16. (1) Without prejudice to an applicant’s liability under article 14(2), an application for a waste collection permit or for the review of a waste collection permit may be withdrawn by the applicant at any time before the making of a decision by the nominated authority on the application.
(2) Where the nominated authority is of the opinion that an application has been abandoned, it shall give to the applicant a notice in writing stating that fact and requiring that person, within a period specified in the notice (being a period of not less than 10 or not more than 25 working days beginning on the date of the giving of the notice) to make to the authority a submission in writing as to why the application should not be regarded as having been abandoned.
(3) Where a notice has been given under sub-article (3), the nominated authority may, at any time after the expiration of the period specified in the notice, and after considering the submission (if any) made to the authority pursuant to the notice, declare the application to which the notice relates to have been abandoned.
(4) Where an application is withdrawn under sub-article (1) or where the nominated authority declares that an application shall be regarded as having being abandoned under sub-article (3), the nominated authority shall in the case of an application for—
(a) a waste collection permit, return all documentation received pursuant to articles 7, 9, 10 and 13 to the applicant, and
(b) the review of a waste collection permit initiated by the nominated authority, return all documentation received pursuant to article 23 to the applicant,
(c) the review of a waste collection permit initiated by the waste collection permit holder, return all documentation received pursuant to article 24 to the applicant,
and have absolute discretion to refund all or part of the fee payable in accordance with article 8.
(5) Where pursuant to this article an application is withdrawn or the nominated authority declares that an application is to be regarded as having been abandoned, the application and submissions (if any) in relation to the application shall not be considered further by the nominated authority.
Determination and notice of decision of grant or refusal in relation to a waste collection permit
17. (1) A nominated authority may, on an application being made to it for a waste collection permit, grant a waste collection permit in accordance with these Regulations, or refuse to grant such a permit, in relation to the carrying on by the applicant of a waste collection activity.
(2) A waste collection permit shall be granted for a period of five years, unless the applicant can demonstrate to the satisfaction of the nominated authority that a shorter period is appropriate.
(3) A nominated authority shall not grant a waste collection permit unless it is satisfied that—
(a) the activity concerned, carried on in accordance with such conditions as are attached to the waste collection permit, will not cause environmental pollution,
(b) any emissions from the activity concerned will not result in the contravention of any relevant standard, including any standard for an environmental medium, or any relevant emission limit value, prescribed under any enactment, and
(c) the applicant is a fit and proper person.
(4) A nominated authority shall, as soon as may be after making a decision under section 34(3) of the Act in relation to an application, give notice in writing of the decision to the applicant, to any other relevant local authority concerned, to any person who made a submission in relation to the application in accordance with article 13 and in the case of an activity relating to the collection of hazardous waste, to the Agency in accordance with the requirements of article 11(2).
(5) A notification to an applicant, waste collection permit holder, another local authority or the Agency under sub-article (4) of a decision to grant a waste collection permit shall be accompanied by a copy of the waste collection permit granted.
(6) A notification to any person who made a submission in relation to the application under sub-article (4) of a decision to grant a waste collection permit shall state that a copy of the collection permit will be available for inspection or purchase during office hours at the principal office of the nominated authority and at the principal office of each relevant local authority, and the said authority or authorities shall arrange accordingly.
(7) A notification under this article to an applicant shall include a reference to the right of appeal provided for under section 34(9) of the Act.
(8) For the purposes of sub-article (5), in the case of an application signed by more than one person, the nominated authority shall give notice only to the person who forwarded, or appears to the nominated authority to have forwarded the application.
Conditions necessary to give effect to certain provisions of Community Acts
18. A nominated authority shall attach to each waste collection permit that may be granted by it such conditions as are, in the reasonable opinion of that authority, necessary to give effect to the provisions of the Community Acts specified in the fourth schedule, insofar as such provisions are relevant to the waste collection activity concerned.
Conditions regarding the use of skips.
19. (1) A nominated authority shall attach to any waste collection permit that may be granted by it such conditions as it considers necessary relating to the use in a public place of skips and other such receptacles.
(2) For the purposes of sub-article (1), notwithstanding the provisions of any bye-law made under section 72 of the Roads Act 1993 , conditions may include a requirement in relation to the-
(a) carrying of reflectors or lighting of such receptacles so that they are clearly visible during a period when vehicles are required to be lighted,
(b) siting and deposit of such receptacles on public roads, where the temporary set down of skips shall be for no more than three days,
(c) dimensions and other characteristics of such receptacles,
(d) care and disposal of the contents of such receptacles, and
(e) earliest practicable removal of such receptacles when full.
Other conditions to be attached to waste collection permits.
20. (1) The nominated authority shall attach to each waste collection permit that may be granted by it such conditions as are—
(a) in the reasonable opinion of the nominated authority, necessary to give effect to the objectives of the relevant Waste Management Plans or the National Hazardous Waste Management Plan as the case may be, and
(b) stated to be necessary by a relevant local authority or the Agency in accordance with articles 11(4), 13 (5) or 27(1).
(2) Notwithstanding the provisions of sub-article (1), the nominated authority shall attach to each waste collection permit granted by it conditions requiring the permit holder to—
(a) ensure that where waste collected under the waste collection permit is transferred to a facility for the purpose of a recovery or disposal activity in respect of which section 39(1) of the Act applies, that there is in force a waste licence, waste facility permit, certificate of registration, or IPPC licence in relation to the carrying on of the activity concerned at that facility and that planning permission, or a certificate of exemption from such permission, is in place for such a facility,
(b) ensure that where biowaste collected under the waste collection permit is transferred to a composting or biogas facility for the purpose of treatment and where animal by-products form all or part of that biowaste, that the facility has been approved in writing by the nominated authority for use by the permit holder and there is in force an appropriate veterinary authorisation issued by the Minister for Agriculture and Food in accordance with article 6 (6) of the European Communities (Animal By-products) Regulations, 2003 50 as amended,
(c) notify the authority in relation to any conviction for an offence prescribed under article 21 or any requirement of an order under the Act, within 5 working days of such conviction or the imposition of such a requirement,
(d) carry, or cause to be carried, a copy of the waste collection permit at all times on each vehicle, and require all trailers, containers and skips used for waste collection to be visibly, legibly and indelibly identified with the waste collection permit number,
(e) compile and maintain specified records, for a period of not less than 7 years, relating to the—
(i) types and quantities of waste dealt with in the course of business (including European Waste Catalogue Code(s) and description(s) pursuant to Commission Decision 2001/118/EC of 16 January 2001 or subsequent amendments),
(ii) origin and destination of such waste,
(iii) treatment, recovery or disposal activities to which the waste is subject (including the compilation of commercial documentation for all consignments of collected waste deposited at a facility), and, where appropriate,
(iv) person by whom such waste is collected including name, address and waste authorisation reference number,
(f) furnish to the nominated authority, not later than 28 February in each year, in such form as may be specified by the authority, summary information in relation to the nature and quantities of wastes collected by the permit holder in the preceding calendar year or part thereof, as the case may be, and delivered to individual facilities or otherwise transferred to other persons for the purpose of recovery or disposal,
(g) take steps to ensure that—
(i) all, or a specified proportion, of waste collected by the permit holder, or class or classes of such waste, is source-segregated, treated or recovered, in such manner as may be specified,
(ii) in particular that waste is—
(I) where practicable and having regard to the waste hierarchy, delivered to facilities which reuse, recycle or recover waste.
(II) presented, collected, handled and transported in a form which enables the facilities to which the waste is delivered to comply with specific conditions contained in, as the case may be, the waste licence, IPPC licence, waste facility permit or certificate of registration in relation to performance targets established for the levels of recycling or recovery of waste.
(iii) waste which has been source segregated by the waste producer is not sent for disposal or collected, transported, mixed or handled so as to make it unsuitable for recycling or recovery.
(h) apply charges for household waste collection which respect the polluter pays principle,
(i) provide segregated collection arrangements for household waste, at a frequency as may be specified by the nominated authority, for different types of recyclable, compostable or recoverable materials where the nominated authority considers it practicable to do so,
(j) provide waste recycling receptacles, which are designed for reuse, for segregated collections for different types of recyclable, compostable or recoverable materials of such form, colour and capacity as may be specified by the nominated authority,
(k) include their permit number and name of issuing authority in all of their promotional material,
(l) notify the nominated authority in advance of the type and identifying mark of any collection vehicle owned or hired and used for the collection of waste under the terms of the permit, including particulars of the relevant vehicle registration document,
(m) notify the nominated authority of the type and identifying mark of any collection vehicle which is being hired in on a temporary basis from a third party by the permit holder and used for the collection of waste under the terms of the permit, within one working day of the addition of such a vehicle, including particulars of the relevant vehicle registration document.
(3) The nominated authority may attach to each collection permit that may be granted by it—
(a) such reasonable conditions as are, in the opinion of that authority, necessary to ensure the proper enforcement of the permit, and
(b) conditions relating to existing or proposed measures, including emergency procedures, to prevent unauthorised or unexpected emissions and to minimise the impact on the environment of any such emissions,
(c) conditions to encourage the sound environmental management of waste and in particular to encourage waste prevention, reuse, recycling and recovery as set out in, but not limited to, those conditions in section 34(7) of the Act,
(d) conditions requiring the making of payments by the permit holder to the authority to defray such costs as may reasonably be incurred by the authority, other than required under article 8 in accordance with the third schedule and which costs shall not exceed the actual expenditure reasonably incurred by the authority in inspecting, monitoring, auditing, enforcing or otherwise performing any functions in relation to the activity,
(e) conditions requiring each vehicle to be fitted with electronic tracking technology which facilitates the surveillance operations of enforcement authorities in monitoring compliance with the waste collection permit conditions.
Offences for the purpose of section 34(5) of the Act
21. It is hereby prescribed that, notwithstanding the revocation of any Regulations specified hereunder and subject to any amendment that may be made to these Regulations from time to time—
(a) an offence under article 3(2) or 5(4) of the European Communities (Waste) Regulations 1979 ( S.I. No. 390 of 1979 ),
(b) a contravention of article 5 or 6 of the European Communities (Toxic and Dangerous Waste) Regulations 1982 ( S.I. No. 33 of 1982 ),
(c) a contravention of article 4, 5 or 8 of the European Communities (Waste Oils) Regulations 1992 ( S.I. No. 399 of 1992 ),
(d) an offence under article 12 of the European Communities (Transfrontier Shipment of Waste) Regulations 1994 ( S.I. No. 121 of 1994 ),
(e) a contravention of the Waste Management (Movement of Hazardous Waste) Regulations 1998 ( S.I. No. 147 of 1998 ),
(f) a contravention of articles 6 or 8 of the Waste Management (Miscellaneous Provisions) Regulations 1998 ( S.I. No. 164 of 1998 ),
(g) an offence under sections 14(6), 18(2), 18(8), 28(6), 29(6), 32(6), 34(1), 36(3), 39(9), 53C(4), 53F, 53H(4), 53I(6), 53J(6), 53K(5), 53L(5) or 53M(5) of the Act, or as appropriate, any appropriate section or part, concerning producer responsibility obligations, that may be inserted into the Act from time to time,
(h) an offence under sections 3, 4, 6, 10, 12, 14, 16, 19, 23, 26A, 27 or 28 of the Local Government (Water Pollution) Act 1977 ( S.I. No. 1 of 1977 ),
(i) an offence under sections 21, 21A or 23 of the Local Government (Water Pollution) (Amendment) Act 1990 ( S.I. No. 21 of 1990 ),
(j) an offence under sections 171 or 172 of the Fisheries (Consolidation) Act 1959 ( S.I. No. 14 of 1959 );
(k) an offence under section 24 of the Air Pollution Act 1987 ( S.I. No. 6 of 1987 ),
(l) an offence under the Litter Pollution Acts 1997 — 2003 ( S.I. No. 12 of 1997 and S.I. No. 27 of 2003 ),
(m) an offence under articles 18 and 26 of the Waste Management (End of Life Vehicles) Regulations 2006 ( S.I. No. 282 of 2006 ),
(n) an offence under article 9 of the European Communities (Batteries and Accumulators) Regulations,1994 ( S.I. No. 262 of 1994 ) those Regulations,
shall be an offence for the purposes of section 34(5)(a) of the Act.
Criteria for the determination of a relevant person
22. In determining whether a person shall be a relevant person for the purposes of section 34(5) of the Act, a nominated authority shall consider the extent to which the person is, or is likely to be, in a position to direct or control the carrying on of the activity to which the relevant application or waste collection permit relates.
Notice from the nominated authority requiring a review of a waste collection permit
23. (1) Where the nominated authorityhas reason to believe that a significant change in the nature, focus or extent of the waste collection activity has taken place, or at the request of a relevant local authority in whose area the permitted activity takes place, or where an amendment to the waste management plan for the region concerned requires a review of the permit, the nominated authority shall initiate a review of a permit granted by it at any time after the date on which the permit was granted,
(2) Where a nominated authority proposes to review a waste collection permit under section 34(6) of the Act, it shall give notice in writing of such intention to the permit holder to any other relevant local authority concerned and in the case of an activity relating to the collection of hazardous waste the Agency and the waste collection permit shall remain in force until such time as a reviewed waste collection permit is granted or refused under articles 17 or pursuant to this article or to article 24, as the case may be, or the existing permit is revoked under article 29.
(3) A notice given under sub-article (2)
(a) shall—
(i) inform the permit holder of the intent of the nominated authority to review the existing waste collection permit in the particular region, and
(ii) advise the permit holder that a multi-regional waste collection permit system has been established, whereby the permit holder under these Regulations may decide whether he or she wishes to have some or all of his or her existing waste collection permits in the various regions reviewed or to make an application for a permit which would also within the same submission allow the collection of waste in additional regions, and
(iii) state that if the permit holder decides that she or he wishes to—
(I) have a number of his or her existing waste collection permits reviewed at the same time as the review proposed by the nominated authority,
(II) to extend his or her waste collection activities into additional regions, or
(III) to make significant changes to the nature, focus or extent of existing waste collection activities,
an application for a waste collection permit will have to be made in accordance with articles 5, 6 and 7 in respect of the regions and, where appropriate, additional regions, to the nominated authority in the region where the principal waste collection activities are proposed to take place,
(iv) advise the permit holder that the nominated authority is available for pre-application consultations and that such course of action is recommended in order to assess the application for the review of a waste collection permit in terms of the procedures which are likely to apply to the review process under article 25,
(v) inform the permit holder that where an application for a waste collection permit is required under paragraph (a)(iii) and the application is made within 60 working days of the notice, any existing waste collection permit(s) shall remain in force until a waste collection permit is issued or refused under article 17, or the existing permit or permits are revoked under article 29,
(b) shall require the permit holder to make an application to the nominated authority for a review of the waste collection permit, other than where an application for a waste collection permit is to be made under paragraph (a)(iii) in accordance with articles 5, 6 and 7,
(c) shall require the permit holder to pay the appropriate fee for an application for the review of the waste collection permit, or, as the case may be, for an application for a waste collection permit, as set out in article 8,
(d) may require the waste collection permit holder to furnish such submissions, plans, documents, other information and particulars within the application for a review of the waste collection permit as the nominated authority considers necessary for the purposes of the proposed review,
(e) may, in accordance with article 14(2), require the permit holder, as the case may be, to defray or contribute towards actual costs reasonably incurred by the nominated authority or other relevant local authority in respect of the assessment of an application for the review of a waste collection permit,
(f) shall indicate that—
(i) an application for the review of a waste collection permit, including any required submission relating to the proposed review shall be made by the permit holder in writing to the nominated authority within 25 working days of the date of the giving of the notice, and that the nominated authority shall not decide to amend conditions attached to a waste collection permit which it has granted, before the expiry of the said period, and
(ii) where the permit holder does not make an application in accordance with paragraph (i), the nominated authority shall revoke the existing waste collection permit and notify the applicant under section 34(8) of the Act of that decision.
Application made on initiative of permit holder for the review of a waste collection permit
24. (1) A permit holder may, at any time, submit an application to the nominated authority to review the waste collection permit but in any event, in accordance with the provisions of article 17(3) of these Regulations, no later than 60 working days before the expiry of an existing waste collection permit if it is to remain in force until such time as a reviewed waste collection permit is granted or refused, or the existing waste collection permit is revoked.
(2) Where a permit holder proposes to have a waste collection permit reviewed by a nominated authority within a particular region, and where he or she—
(a) wishes to make significant changes to the nature, focus or extent of existing waste collection activities, or
(b) holds a number of individual permits for different regions, the permit holder shall—
(i) make an application for a waste collection permit in accordance with articles 5, 6 and 7 for all the regions in which waste collection activities are being undertaken and for any other regions to which the permit holder may propose to extend his or her waste collection activities, and
(ii) make the application to the nominated authority in the region where the principal waste collection activity or activities are proposed to take place.
(3) where a permit holder proposes to have an existing waste collection permit reviewed under section 34(6) of the Act and—
(a) such review applies only to a region or regions for which a single existing waste collection permit relates, and
(b) there are not in the reasonable opinion of the permit holder, significant changes to the nature, focus or extent of existing waste collection activities,
the permit holder shall—
(i) make an application to the nominated authority for a review of the permit,
(ii) furnish such submissions, plans, documents or other information to the nominated authority within the application as are necessary to support the application for the proposed review of the waste collection permit, and
(iii) include payment of the appropriate fee for an application for the review of a waste collection permit in accordance with the third schedule as set out in article 8.
Procedures to be applied by the nominated authority in the determination of an application for the review of a waste collection permit
25. (1) Where an application for the review of an existing waste collection permit has been received by a nominated authority under articles 23 or 24, the nominated authority shall process the application in one of three ways—
(a) the nominated authority may decide, in its reasonable opinion, that adequate information has been provided by the applicant for the purpose of determining the application and that it is appropriate to proceed to review the waste collection permit on the basis of the information received by it in accordance with the procedure set out in article 26.
(b) the nominated authority may decide, in its reasonable opinion, that adequate information has been provided by the applicant but that there is a need for a public consultation process on the basis of the changes proposed in the nature, focus or extent of the waste collection activities, and shall—
(i) require the applicant to insert a public notice in either a national newspaper, or in newspapers circulating in the area in which the waste collection activities will take place, that an application for a review of the existing waste collection permit has been sent to the nominated authority,
(ii) consult with other relevant local authorities and the Agency, and
(iii) seek submissions on the application for the review of a waste collection permit from members of the public in accordance with the procedures set out in article 27 and, before making a decision on the review of the permit,
or
(c) the nominated authority may decide, in its reasonable opinion, that an application for a waste collection permit in accordance with articles 5, 6 and 7 is warranted due to—
(i) the nature, focus or extent of the waste collection activities proposed in the application for a review of a waste collection permit being so significantly changed from the existing waste collection permit, or
(ii) the proposed review relating to existing waste collection permits which regulate waste collection activities in more than one region,
the nominated authority shall require that an application for a waste collection permit be submitted by the applicant in accordance with articles 5, 6 and 7, and such application shall be made to the nominated authority in the region where the principal waste collection activities are proposed to take place.
(2) The nominated authority shall make a decision under this article on the procedures to apply to the review of the waste collection permit within 15 working days from the date of submission of an application for the review of a waste collection permit under article 24 or in response to a notice issued under article 23.
(3) Where a nominated authority decides under sub-article (1)(c) that an applicant for the review of a waste collection permit should make an application for a waste collection permit in accordance with articles 5, 6 and 7, the nominated authority shall notify the applicant in writing to this effect within five working days of making its decision.
(4) Where an applicant for the review of a waste collection permit receives a notification under sub-article (3), he or she may appeal to a court of competent jurisdiction against such a decision and, on hearing the appeal, the court may confirm or annul the decision.
Decision on an application for the review of a waste collection permit on the basis of particulars received from the applicant
26. Where, following an assessment of any submissions, documents or other information received from the applicant for the review of a waste collection permit, together with records and information already in the possession of the nominated authority and other relevant local authorities in relation to the waste collection activity concerned, the nominated authority considers, in its opinion, that the proposed review does not represent a significant change in the nature, focus or extent of existing waste collection activities, the nominated authority shall proceed to make a decision on the application for the review of the waste collection permit within 25 working days on that basis.
Decision on an application for the review of a waste collection permit on the basis of particulars received from the applicant, relevant local authorities and other persons
27. (1) Not withstanding article 25(1)(c) where the nominated authority considers, in its reasonable opinion, following an assessment of any submissions, observations, documents, records or other information received by it in relation to an application for the review of the waste collection permit, that the proposed activities contain a significant change in the nature, focus and extent of the existing waste collection activities, the nominated authority shall—
(a) require the applicant to publish notice that an application has been made to the nominated authority for the review of the existing waste collection permit in either a national newspaper, or in newspapers circulating in each of the local authority areas from which waste will be collected,
(i) A notice published pursuant to this sub-paragraph shall—
(I) contain as a heading, and in uppercase, the words “APPLICATION TO [NAME OF THE NOMINATED AUTHORITY] FOR THE REVIEW OF A WASTE COLLECTION PERMIT RELATING TO A WASTE COLLECTION ACTIVITY OR WASTE COLLECTION ACTIVITIES IN [NAME OF RELEVANT REGION or REGIONS]”,
(II) give the full name and the address of the principal place of business of the applicant,
(III) state that an application for the review of a waste collection permit has been made to the above mentioned nominated authority,
(IV) specify the nature of the waste collection activity to which the application relates and the local authority area or areas in which the collection activity, or activities, will be carried on, and
(V) state that a copy of the application for a review of the waste collection permit will be available for inspection or purchase at the principal office of the nominated authority as soon as may be and that any member of the public may, within a period of 25 working days of the application being made available for inspection by the nominated authority, make a written submission to the nominated authority in relation to the said application for a permit review,
(b) (i) notify, as soon as may be, such an other relevant local authority or other local authorities and, in the case of an activity involving the collection of hazardous waste, the Agency, that an application has been received for the review of a waste collection permit and that notice shall be accompanied by a copy of the said application for a review of a waste collection permit and any submissions included therein,
(ii) before it gives notice of a decision under article 28, the nominated authority shall have regard, within a period of 25 working days from the date of a relevant notification under sub-article, to any written submission received from any other relevant local authority or the Agency,
(iii) where a local authority or the Agency specifically state that particular matters raised in their submission to the nominated authority are required for the implementation of the Waste Management Plan for their region, or, as the case may be, the National Hazardous Waste Management Plan, the nominated authority must incorporate conditions in the reviewed permit to give effect to such provisions,
(c) make available for public inspection in accordance with this article—
(i) a copy of the application for the review of the waste collection permit, including the documents and information received therein,
(ii) a copy of any correspondence or notifications sent to other relevant local authorities or the Agency in relation to the application for the review of the waste collection permit,
(iii) submissions received from the public in relation to the application for the review of the waste collection permit,
(iv) where an application for the review of a waste collection permit which has been received by a nominated authority is in respect of a waste collection activity which is proposed to be carried out within the functional area or areas of any other local authority, each relevant local authority shall make available for public inspection a copy of the completed application form during office hours at its principal office,
(d) arrange that—
(i) a copy of the application for the review of the waste collection permit, or any extract therefrom, shall be made available for purchase, on request, during office hours at the principal office of the nominated authority, at such charge (if any), not exceeding the reasonable cost of making such copies, as the authority may determine, and
(ii) arrange that a copy of the completed application form for the review of a waste collection permit, or any extract therefrom, shall be made available for purchase, on request, during office hours at the principal office of each relevant local authority, at such charge (if any), not exceeding the reasonable cost of making such copies, as the authority may determine.
(2) (a) Any person may, on their own initiative, or on the invitation of the nominated authority, within a period of 25 working days following the making available for inspection by a nominated authority of an application for a review of a waste collection permit, make a written submission to the nominated authority in relation to the said application.
(b) The nominated authority shall, as soon as may be after receipt of a submission under paragraph (a)—
(i) notify the person in writing that the submission has been received by the nominated authority,
(ii) make the submission available for public inspection in accordance with sub-article (1)(c),
(iii) notify the applicant in writing that the submission has been received by the nominated authority and has been made available for inspection in the principal office of the nominated authority from a specified date, and
(iv) forward a copy of the submission to the other relevant local authorities concerned, and in the case of a submission in relation to the collection of hazardous waste, to the Agency.
(c) An applicant may make a submission in writing to the nominated authority in relation to any submission within a period of 25 working days of the date of its notification to the applicant.
Determination and notice of grant or refusal of a reviewed waste collection permit
28. (1) Notwithstanding a decision under sub-article 25(1)(c) to require an applicant for the review of a waste collection permit to make an application for a waste collection permit in accordance with articles 5, 6 and 7, a nominated authority may, on application being made to it for the review of a waste collection permit, grant a reviewed waste collection permit in accordance with these Regulations, or refuse to grant such a permit, in relation to the carrying on by the applicant of a waste collection activity relating to a region or regions.
(2) A nominated authority shall make a decision in relation to an application for a review of a waste collection permit as expeditiously as possible and, in any event, grant, with or without conditions, or refuse to grant a review of a waste collection permit within a period of—
(a) 40 working days from the date of the receipt of an application for the review of a waste collection permit,
(b) 25 working days from the receipt of any submission received under and in accordance with sub-article 27(1)(b), or
(c) 25 working days from the date of receipt of any submission received under and in accordance with sub-article 27(2)(a),
whichever period is the longest.
(3) Where it appears to the nominated authority that it would not be possible or appropriate, because of the particular circumstances of an application for the review of a waste collection permit or because of the number of applications which have been submitted to the authority, to decide on an application within the period referred to in sub-article (2), the nominated authority shall, by notice in writing served on each party to the application before the expiration of that period, inform such party of the reasons why it would not be possible or appropriate to determine the application within that period and shall specify the date before which the authority intends that the application shall be determined.
(4) Where a notice has been served under sub-article (3), the nominated authority concerned shall take all reasonable steps as are open to it to ensure that the application is decided upon before the date specified in the notice.
(5) A reviewed waste collection permit shall be granted for a period of 5 years, unless the applicant can demonstrate to the satisfaction of the nominated authority that a shorter period is appropriate.
(6) A nominated authority shall not grant a reviewed waste collection permit unless it is satisfied that—
(a) the activity concerned, carried on in accordance with such conditions as are attached to the reviewed waste collection permit, will not cause environmental pollution,
(b) any emissions from the activity concerned will not result in the contravention of any relevant standard, including any standard for an environmental medium, or any relevant emission limit value, prescribed under any enactment, and
(c) the applicant is a fit and proper person.
(7) Where an application is made under these Regulations for the review of an existing waste collection permit at least 60 working days before the expiry date of the permit, the waste collection permit shall remain in force until
(a) a reviewed waste collection permit is granted or refused under sub- article (1), or
(b) an application for a waste collection permit is required under articles 5, 6 and 7 and is granted or refused under article 17, or
(c) the existing permit is revoked under article 29.
(8) Where—
(a) an application is not made for the review of an existing waste collection permit at least 60 working days before the expiry date of the permit, or
(b) in the case of notification from the nominated authority under article 25(3) that an application for a waste collection permit is required in accordance with articles 6, 7 and 8, an application for a waste collection permit is not made at least 60 working days from the date of issue of this notification—
an existing waste collection permit shall cease to have effect after the expiry date and the person shall not engage in waste collection activities until such time as a reviewed waste collection permit is granted in accordance with article 28, or a waste collection permit is granted in accordance with article 17.
(9) The nominated authority shall, as soon as may be after making a decision on the review of a waste collection permit under section 34(6) of the Act to amend conditions attached to a waste collection permit which has been granted or to refuse to grant a reviewed waste collection permit, give notice in writing of its decision and the reasons for its decision to the permit holder and any other relevant local authority concerned, and to the Agency if the activity relates to the collection of hazardous waste and, where appropriate, to any person who made a submission in relation to the application for the review of a waste collection permit.
(10) A notification under sub-article (9) to the waste collection permit holder, other relevant local authority or the Agency (where relevant) in relation to amending conditions attached to a waste collection permit shall be accompanied by a copy of the amended waste collection permit.
(11) A notification to any person who made a submission in relation to the application for the review of a waste collection permit under sub-article (9) of a decision to grant a reviewed waste collection permit shall state that a copy of the permit will be available for inspection or purchase during office hours at the principal office of the nominated authority and at the principal office of each relevant local authority, and the nominated authority and each relevant local authority shall arrange accordingly.
(12) A notification under this sub-article (9) in relation to—
(a) the refusal to grant a reviewed waste facility permit, or
(b) amending conditions attached to a waste facility permit which has been reviewed,
shall include a reference to the right of appeal provided for under section 34(9) of the Act.
(13) For the purposes of sub-article (9), in the case of an application for the review of a waste collection permit signed by more than one person, the nominated authority shall give notice only to the person who forwarded, or appears to the nominated authority to have forwarded, the application to the said authority.
Revocation of a waste collection permit
29. (1) A nominated authority may revoke a waste collection permit if it appears to it that—
(a) the permit holder, or other relevant person, is not, in its reasonable opinion, a fit and proper person,
(b) the activity being carried out is, or may be, in contravention of the conditions of the waste collection permit granted by the nominated authority,
(c) the activity is, or may be, in contravention of the Waste Management (Facility Permit and Registration) Regulations 2007; Waste Management (Movement of Hazardous Waste) Regulations, 1998 or Waste Management (Transfrontier Shipment of Waste) Regulations 1998,
(d) the permit holder, or other relevant person, is likely, by a continuation of his or her activities, to cause environmental pollution, or
(e) the permit holder, or other relevant person, is participating in, or facilitating, the onward movement of waste to unauthorised facilities or unauthorised collectors.
(2) A nominated authority shall, as soon as may be after making a decision under section 34(6) of the Act to revoke a waste collection permit it has granted, give notice in writing of the decision and the reasons for the decision to the permit holder and any other relevant local authority concerned and, as appropriate in the case where the collection activity involves the collection of hazardous waste, to the Agency.
(3) The former holder of a waste collection permit which has been revoked may, within a period of 30 working days, appeal to a court of competent jurisdiction against the revocation of the waste collection permit and, on hearing the appeal, the court may confirm or annul the revocation.
Non-application of section 34(1)(a) of the Act
30. (1) Notwithstanding the additional requirements applicable to the relevant exemptions as imposed under sub-article 30(2), section 34(1)(a) of the Act shall not apply in respect of—
(a) the gathering, sorting or mixing of waste—
(i) on the premises at which the waste arose, or
(ii) which is carried on in accordance with a waste licence, a waste facility permit, a certificate of registration or an IPPC licence that is for the time being in force,
(b) the collection and transport of non-hazardous waste, other than under the conditions described in paragraph (k)(i) by a person where—
(i) such transport is incidental to the main business activity of the person concerned, and
(ii) the quantity of waste transported by the person concerned is equal to or less than 2 tonnes other than waste which is transported in, or on, a vehicle designed for the carriage of a skip or other demountable container,
(c) the collection and transport of waste, returned or recovered refrigerant gases in refrigerant containers, where recovery has the meaning assigned to it under Regulation (EC) No. 2037/2000 and Regulation (EC) No. 842/2006, by a person where—
(i) such transport is incidental to the main business activity of the person concerned,
(ii) the person concerned is operating on a small scale and is engaged in environmentally beneficial operations facilitating the recycling, reclamation or destruction of recovered refrigerant gases in accordance with the relevant legislative requirements for the specific refrigerant gas type,
(iii) the quantity of waste, returned or recovered refrigerant gas transported in refrigerant containers by the person concerned is equal to or less than 2 tonnes,
(iv) the person has given prior annual notification to the Agency in accordance with the requirements prescribed in the fifth schedule and has received an acknowledgement of this notification from the Agency,
(v) the handling and transport of the refrigerant gases is carried out in a manner that shall prevent the venting or leakage of these gases to the atmosphere,
(vi) no mixing of different refrigerant gas types occurs,
(vii) the transport of the waste, returned or recovered refrigerant gases in refrigerant containers is to an authorised facility where it will be stored in accordance with the rules as set out in the fourth schedule of the Waste Management (Facility Permit and Registration) Regulations 2007,
(viii) the waste, returned or recovered refrigerant gases will eventually be recycled, reclaimed or destroyed at an authorised facility in accordance with the relevant legislative requirements for the specific refrigerant gas type,
(d) the collection and transport of waste, returned or recovered halons in halon containers, where recovery has the meaning assigned to it under Regulation (EC) No. 2037/2000, by a person where—
(i) such transport is incidental to the main business activity of the person concerned,
(ii) the person concerned is operating on a small scale and is engaged in environmentally beneficial operations facilitating the recycling, reclamation or destruction of recovered halons in accordance with Regulation (EC) No. 2037/2000,
(iii) the quantity of waste, returned or recovered halons transported in halon containers by the person concerned is equal to or less than 2 tonnes,
(iv) the person has given prior annual notification to the Agency in accordance with the requirements prescribed in the fifth schedule and has received an acknowledgement of this notification from the Agency,
(v) the handling and transport of the halons in halon containers is carried out in a manner that shall prevent the venting or leakage of these gases to the atmosphere,
(vi) the transport of the waste, returned or recovered halons in halon containers is to an authorised facility where it will be stored in accordance with the rules as set out in the fourth schedule of the Waste Management (Facility Permit and Registration) Regulations 2007,
(vii) the waste, returned or recovered halon gases will eventually be recycled, reclaimed or destroyed at an authorised facility in accordance with Regulation (EC) No. 2037/2000,
(e) the collection and transport of waste, returned or recovered fluorinated greenhouse gases in fluorinated greenhouse gas containers where recovery has the meaning assigned to it under Regulation (EC) No. 842/2006, by a person where—
(i) such transport is incidental to the main business activity of the person concerned,
(ii) the person concerned is operating on a small scale and is engaged in environmentally beneficial operations facilitating the recycling, reclamation or destruction of recovered fluorinated greenhouse gases in accordance with Regulation (EC) No. 842/2006,
(iii) the quantity of waste, returned or recovered fluorinated greenhouse gas transported in fluorinated greenhouse gas containers by the person concerned is equal to or less than 2 tonnes,
(iv) the person has given prior annual notification to the Agency in accordance with the requirements prescribed in the fifth schedule and has received an acknowledgement of this notification from the Agency,
(v) the handling and transport of the fluorinated greenhouse gas in fluorinated greenhouse gas containers is carried out in a manner that shall prevent the venting or leakage of these gases to the atmosphere,
(vi) the transport of the waste, returned or recovered fluorinated greenhouse gas in fluorinated greenhouse gas containers is to an authorised facility where it will be stored in accordance with the rules as set out in the fourth schedule of the Waste Management (Facility Permit and Registration) Regulations 2007,
(vii) the waste, returned or recovered fluorinated greenhouse gases will eventually be recycled, reclaimed or destroyed at an authorised facility in accordance with Regulation (EC) No. 842/2006,
(f) the collection and transport of specified risk material, or protein or tallow obtained from the rendering of specified risk material, under and in accordance with a licence granted under Regulation 10 of the European Communities (Specified Risk Material) Regulations, 2000 ( S.I. No. 332 of 2000 ),
(g) the collection and transport of animal by-products, other than catering waste, within the meaning of the European Communities (Animal By-Products) Regulations 2003 ( S.I. No. 248 of 2003 ) as amended by the European Communities (Animal By-products) (Amendment) Regulations 2005 ( S.I. No. 707 of 2005 ), subject to any amendment that may be made to those regulations from time to time,
(h) the collection and transport of packaging waste by a major producer, within the meaning of the Waste Management (Packaging) Regulations 2003 ( S.I. No. 61 of 2003 ) as amended by the Waste Management (Packaging) (Amendment) Regulations 2004 ( S.I. No. 871 of 2004 ) and the Waste Management (Packaging) (Amendment) Regulations 2006 ( S.I. No. 308 of 2006 ), under and in accordance with, articles 5(1)(a) and 9(1)(e) of those Regulations, subject to any amendment that may be made to those Regulations from time to time,
(i) collection and transport of farm plastic waste by a producer within the meaning of the Waste Management (Farm Plastics) Regulations, 2001 ( S.I. No. 341 of 2001 ), under and in accordance with article 4 of those Regulations, subject to any amendment that may be made to those Regulations from time to time,
(j) the collection of waste at a bring facility,
(k) the collection and transport of waste electrical and electronic equipment by—
(i) any—
(I) person or persons in accordance with the provisions of article 38 of the Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 340 of 2005 );
(II) producer as defined in section 53G of the Act, from a final user other than a private household, for the purposes of fulfilling his or her obligations in accordance with the provisions of article 17(1) of the Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 340 of 2005 ) and provided the quantity of waste concerned is equal to or less than 0.5 tonnes,
(III) final user other than other than a private household for the purposes of—
(A) fulfilling his or her obligations in accordance with the provisions of article 17(2) of the Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 340 of 2005 ), or as appropriate,
(B) transporting waste electrical and electronic equipment to a collection point designated by a producer as defined in section 53G of the Act where alternative financial arrangements have been made in accordance with the provisions of article 18(1) of the Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 340 of 2005 ),
subject to any amendment that may be made to the those Regulations from time to time and provided the quantity of waste concerned is equal to or less than 0.5 tonnes, or as appropriate,
(ii) person or persons acting on behalf of or in conjunction with an authorised treatment facility where the waste electrical and electronic equipment concerned will be treated in accordance with the technical requirements as set out in the seventh schedule of the Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 340 of 2005 ) for the purposes of raising awareness, or as appropriate, targeting specific categories of waste electrical and electronic equipment subject to the approval of the Minister and shall be subject to such conditions as the Minister may specify, including but not exclusively—
(I) the period of approval which shall be for a period of not more than 6 months,
(II) the use of logos adopted by the Minister,
(III) the nature of information to recorded and maintained by the authorised treatment facility concerned, or as appropriate
(IV) provided to the Agency, or as appropriate, any local authority
(V) variance in the terms and conditions of approval, and
(VI) revocation of approval,
subject to any amendment that may be made to those Regulations from time to time.
(l) the collection and transport of waste, other than in a vehicle designed for the carriage of a skip or other demountable container, undertaken by or on behalf of a body, which has been granted charitable recognition by the Revenue Commissioners and issued with a Charity (CHY) Number, provided that, in the case of waste electrical and electronic equipment, the activity is confined to the transport of waste electrical and electronic equipment listed within the first schedule of the Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 340 of 2005 ), other than waste electrical and electronic equipment listed within Category 5 of that schedule.
(m) the collection of waste at a central collection point by, or on behalf of a local authority, or with the approval of a local authority, where such collection is undertaken by, or on behalf of, a community group,
(2) The exemptions provided for in sub-articles
(a) 1(j) and 1(k) shall not apply—
(i) to contaminated waste electrical and electronic equipment that presents a health and safety risk,
(ii) unless transport of the waste electrical and electronic equipment is to an authorised facility where it will be stored in accordance with the requirements of Annex III of Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003, as amended by Directive 2003/108/EC of the European Parliament and of the Council of 8 December 2003, and
(iii) unless the waste electrical and electronic equipment will be reused or eventually be treated at an appropriate facility in accordance with the technical requirements of Annex II of Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003, as amended by Directive 2003/108/EC of the European Parliament and of the Council of 8 December 2003, or as appropriate,
(b) 1(b), 1(g), 1(h), 1(i), 1(j), 1(k) and 1(l) shall not apply to any person or persons that is not fulfilling his or her producer responsibility obligations, where applicable, provided for in Regulations made in accordance with Part III, or as appropriate, Part VA, Part VB of the Act or, as appropriate, any appropriate section or Part concerning producer responsibility obligations, that may be inserted into the Act from time to time,
(c) 1(b) to 1(l) inclusive shall not apply in respect of the collection and transport of waste in any vehicle that is not—
(i) transporting the waste in compliance with the general requirements of article 4 of Directive 2006/12/EC, and
(ii) facilitating the transfer of the waste to an authorised facility, and
(iii) registered in accordance with the provisions of section 131 of the Finance Act 1992 (No. 9 of 1992), and as appropriate,
(iv) licensed under section 1 of the Finance (Excise Duties) (Vehicles) Act 1952 or section 21 of the Finance (No. 2) Act 1992 .
Notice regarding nominated authority
31. (1) Notwithstanding article 5(5), local authorities in each region specified in column (1) of the third schedule shall nominate one local authority from within their number to act on their behalf for the purpose specified in section 34(1) of the Act.
(2) Where a local authority is nominated to act on behalf of a region specified in column (1) of third schedule under section 34(1) of the Act for the purposes specified therein, that authority shall publish a notice to that effect in a newspaper, or newspapers circulating in the functional areas of the local authorities concerned.
Notice and information to the Agency and other local authorities
32. Notwithstanding the provisions of article 17, a nominated authority or a local authority shall by notice in writing, or other form of notification, including electronic means, as may be agreed by the Agency—
(a) furnish such information in relation to the collection and movement of waste within its functional area and, as appropriate, the functional areas of the other relevant local authorities concerned to the Agency, in such form and at such frequency as may be specified by the Agency for the purposes of this article, and
(b) notify any relevant local authority and the Agency where a person is convicted of an offence under section 34 of the Act in proceedings brought by that authority.
Notices and information to the nominated authority
33. (1) A holder of a waste collection permit shall give notice in writing to the nominated authority which granted the said waste collection permit of any changes in the information furnished to that local authority under article 7(1) or 10, other than those changes referred to in articles 20(1)(l) and 20(1)(m), in advance of any such change coming into effect.
(2) Where the notification under sub-article (1) identifies a material or significant change in the nature, extent or focus of the waste collection activities, the waste collection permit holder shall obtain the written agreement of the nominated authority before implementing such operational changes to the waste collection activity.
(3) Any notice, information or records provided to a nominated authority under this article shall be made available to any relevant local authority and the Agency and the records shall be retained for a period of not less than seven years.
Entries in registers established under section 19 of the Act
34. It is hereby prescribed that—
(1) the register established and maintained, by a nominated authority and by all other relevant local authorities in whose functional areas waste collection activities are being carried on, in accordance with section 19 of the Act shall contain entries specifying—
(a) details of waste collection permits granted by nominated authorities and shall indicate, in respect of each waste collection permit, the expiry date of the waste collection permit (where appropriate) and the date or dates, if any, on which the waste collection permit was amended or revoked,
(b) the information specified in article 7(1) in relation to waste collection activities for which a waste collection permit is granted, reviewed or revoked,
(c) details of all waste collection activities carried out directly by local authorities within the functional area or areas covered by the nominated authority and other relevant local authorities, in relation to household, commercial and industrial waste.
Non-application of Waste Management (Movement of Hazardous Waste) Regulations, 1998.
35. (1) Article 6 of the Waste Management (Movement of Hazardous Waste) Regulations, 1998 ( S.I. No. 147 of 1998 ) shall not apply in respect of the movement within the State of—
(a) waste oils,
(b) end-of life vehicles from one authorised treatment facility to another authorised treatment facility or other facility which holds a waste facility permit, a waste licence or as appropriate an IPPC licence, provided that the vehicle concerned has been treated in accordance with the provisions of article 15 of the Waste Management (End-of-Life Vehicles) Regulations 2006 ( S.I. No. 282 of 2006 ) subject to any amendment that may be made to those Regulations from time to time,
(c) hazardous household, commercial or agricultural wastes collected at a bring facility or by means of a segregated collection service provided to members of the public,
where such activity is subject to a waste collection permit under these Regulations.
(2) Article 6 of the Waste Management (Movement of Hazardous Waste) Regulations 1998 ( S.I. No. 147 of 1998 ) shall not apply in respect of the movement of waste returned, recovered refrigerant gases in refrigerant containers or waste, returned or recovered halons in halon containers, or waste returned, recovered fluorinated greenhouse gases in fluorinated greenhouse gas containers within the State, where such activity has been the subject of a prior annual notification to the Agency in accordance with the requirements of the fifth schedule and has received the appropriate acknowledgement of notification from the Agency.
(3) Article 6 of the Waste Management (Movement of Hazardous Waste) Regulations, 1998 ( S.I. No. 147 of 1998 ) shall not apply in respect of the movement of waste electrical and electronic equipment in the State where such—
(a) activity meets the conditions specified under articles 30(1)(k), or as appropriate, 30(1)(e) of these Regulations, or as appropriate,
(b) waste is collected from a designated collection point by or on behalf of an approved body established in accordance with the provisions of Part IV of the Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 340 of 2005 ), subject to any amendment that may be made to those regulations from time to time.
Provision of false or misleading information, or failure to provide information
36. (1) A person shall not compile information which he or she knows to be false or misleading in a material respect or furnish any such information in, or in support of, an application, notice or other document used for the purposes of these regulations and any person who does so will be guilty of an offence.
(2) A person who fails to comply with a notice or to provide information that a nominated authority may require under these regulations shall be guilty of an offence.
Monitoring, inspection, auditing and enforcement.
37. (1) A nominated authority, or as the case may be, a local authority within its own functional area, shall be responsible for the monitoring, inspection and auditing of waste collection activities and the enforcement of these regulations within their functional areas and shall take such steps as are necessary for this purpose.
(2) For the purposes of ensuring that waste collection permit holders are complying with their obligations under these regulations, a nominated authority or, as the case may be, a local authority within its own functional area may take all reasonable measures as are decided to be appropriate in each case, including measures prescribed under sections 14, 15, 16 and 18 of the Act.
Article 2.
FIRST SCHEDULE STATUTORY INSTRUMENTS REVOKED
Number
Title
Extent of Revocation
S.I. No. 402 of 2001
Waste Management (Collection Permit) Regulations, 2001
The whole regulations, subject to transitional arrangements in Article 2(2)
S.I. No. 540 of 2001
Waste Management (Collection Permit) (Amendment) Regulations, 2001
The whole regulations, subject to transitional arrangements in Article 2(2)
Article 7.
SECOND SCHEDULE
Statutory Declaration
I declare that the information given in the application by
for the purpose of obtaining a waste collection permit is correct, and that no information which is required to be included in the said application has been omitted.
I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act 1938 .
I authorise [name of nominated authority to which application is being made] to make any enquiries from official sources as it may consider necessary for the purpose of determining this application and, pursuant to section 8 of the Data Protection Act 1988 , I consent to the disclosure of details of convictions for relevant offences specified under article 21 of the Waste Management (Collection Permit) Regulations 2007.
Signature:
…………………………………………..
Name (block capitals)
Declared before me at ………………………………………….this ……………………………….. day of …………………………………,
…………………………………….. , 20…………………… #
# To be completed by a Solicitor/Commissioner of Oaths/Notary Public/Peace Commissioner/Garda Síochána.
Signature of Witness
Occupation
Date ……………………..
WARNING Any person who gives false or misleading information for the purpose of obtaining a waste collection permit renders themselves liable to severe penalties.
Article 8.
THIRD SCHEDULE FEES PAYABLE IN RELATION TO A SINGLE APPLICATION FOR A WASTE COLLECTION PERMIT
Region(1)
Fee Payable(2)
North East 51
€1,000
Dublin 52
€1,000
South-East 53
€1,000
Cork 54
€1,000
Mid-West 55
€1,000
Connaught 56
€1,000
Midlands 57
€1,000
Wicklow
€1,000
Kildare
€1,000
Donegal
€1,000
All Regions
€5,000
51 Region consists of the functional areas of Cavan County Council, Louth County Council, Meath County Council and Monaghan County Council
52 Region consists of the functional areas of Dublin City Council, Dun Laoghaire-Rathdown County Council, Fingal County Council and South Dublin County Council
53 Region consists of the functional areas of Carlow County Council, Kilkenny County Council, South Tipperary County Council, Waterford County Council, Waterford City Council and Wexford County Council
54 Region consists of the functional areas of Cork County Council and Cork City Council.
55 Region consists of the functional areas of Limerick County Council, Limerick City Council, Kerry County Council and Clare County Council.
56 Region consists of the functional areas of Galway County Council, Galway City Council, Leitrim County Council, Mayo County Council, Roscommon County Council and Sligo County Council
57 Region consists of the functional areas of Laois County Council, Longford County Council, Offaly County Council, North Tipperary County Council and Westmeath County Council
Article 18.
FOURTH SCHEDULE PROVISIONS OF COMMUNITY ACTS, WHICH ARE TO BE GIVEN EFFECT TO IN RELEVANT WASTE COLLECTION PERMITS GRANTED BY A LOCAL AUTHORITY.
Council Directive 75/439/EEC of 16 June, 1975 on the disposal of waste oils, as amended by Council Directive 87/101/EEC of 22 December 1986
Council Directive 87/217/EEC of 19 March, 1987 on the prevention and reduction of environmental pollution by asbestos
Council Directive 91/689/EEC of 12 December, 1991 on hazardous waste
Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste
Council Directive 75/442/EEC of 15 July, 1975 on waste, as amended by Council Directive 91/156/EEC of 18 March, 1991 and codified under Directive 2006/12/EC of the European Parliament and the Council of 5 April 2006 on waste
Directive 2002/96/EC of the European Parliament and of the Council of 27 January 2003 on waste electrical and electronic equipment, (WEEE) as amended by Directive 2003/108/EC of the European Parliament and of the Council of 8 December 2003
Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 on end-of-life vehicles as amended by Council Decision 2005/673/EC of 20 September 2005
Directive 94/62/EC of the European Parliament and of the Council of 20 December 1994 on packaging and packaging waste as amended by Directive 2004/12/EC of the European Parliament and of the Council of 11 February 2004
Regulation (EC) No. 2037/2000 of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer, as amended by Council Regulations (EC) Nos. 2038/2000, 2039/2000, 1804/2003, Commission Regulation (EC) No. 2077/2004, Commission Regulation (EC) No. 29/2006 and Commission Regulation (EC) No. 1784/2006
Regulation (EC) No. 842/2006 of the European Parliament and of the Council of 17 May 2006 on certain fluorinated greenhouse gases
Council Directive 91/157/EEC of 18 March 1991 on batteries and accumulators containing certain dangerous substances as amended by Commission Directive 93/86/EEC of 4 October 1993 and by Commission Directive 98/101/EC of 22 December 1998
Directive 2006/66/EC of the European Parliament and the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC
Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against pollution caused by certain dangerous substances
Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources
Directive 2000/60/EC of the European Parliament and of the Council of 23 October, 2000 establishing a framework for Community action in the field of water policy
Directive 2006/118/EC of 12 December 2006 of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration
Council Directive 87/217/EEC of 19 March 1987 on the prevention and reduction of environmental pollution by asbestos
Regulation (EC) N0. 2150/2002 of the European Parliament and of the Council of 25 November 2002 on waste statistics
Regulation (EC) No. 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption, as amended by Commission Regulation (EC) No. 808/2003 of 12 May 2003
Regulation (EC) No 850/2004 of the European Parliament and the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC, as amended by Council Regulation (EC) No. 1195/2006 and Council Regulation (EC) No. 172/2007
Article 25.
FIFTH SCHEDULE REQUIREMENTS FOR PRIOR ANNUAL NOTIFICATION TO THE AGENCY IN RESPECT OF THE COLLECTION AND TRANSPORT OF WASTE, RETURNED OR RECOVERED REFRIGERANT GASES IN REFRIGERANT CONTAINERS, WASTE, RETURNED OR RECOVERED HALONS IN HALON CONTAINERS AND WASTE, RETURNED OR RECOVERED FLUORINATED GREENHOUSE GASES IN FLUORINATED GREENHOUSE GAS CONTAINERS
(1) A notification by a person to the Agency in respect of the collection and transport of waste, returned or recovered refrigerant gases in refrigerant containers, waste, returned or recovered halons in halon containers and waste, returned or recovered fluorinated greenhouse gases in fluorinated greenhouse gas containers shall be made in writing and, as appropriate, contain the following information—
(a) the full name of the person,
(b) all trade names used or proposed to be used by the person
(c) the address of the principal place of business of the person and, where applicable, the telephone number, telefax number and e-mail address of the person
(d) if the person is a partnership, the name and address of each partner,
(e) if the person is a body corporate, the address of its registered office and the name and address of any person who is a director, manager, secretary or other similar officer of the body corporate,
(f) the type, estimated quantity and nature of the recovered refrigerant gases to be transported or likely to be transported in refrigerant containers or waste, returned or recovered halons to be transported or likely to be transported in halon containers or waste, returned or recovered fluorinated greenhouse gases to be transported or likely to be transported in fluorinated greenhouse gas containers in the 12-month period following notification
(g) the local authority area or areas in which the collection of waste, returned or recovered refrigerant gases in refrigerant containers or waste, returned or recovered halons in halon containers or waste, returned or recovered fluorinated greenhouse gases in fluorinated greenhouse gas containers will be carried on,
(h) the name, address and waste licence/waste facility permit/certificate of registration number of any facility to which the person will deliver waste, returned or recovered refrigerant gases in refrigerant containers and waste, returned or recovered halons in halon containers or waste, returned or recovered fluorinated greenhouse gases in fluorinated greenhouse gas containers to which the prior annual notification relates, together with the name, address and collection permit number (if relevant) of any company who collects from his or her premises
(i) the frequency of collection of recovered refrigerant gases in refrigerant containers, waste, returned or recovered halons in halon containers and waste, returned or recovered fluorinated greenhouse gases in fluorinated greenhouse gas containers,
(j) information in relation to any offence, prescribed under article 20, of which the person has been convicted within the period of ten years prior to the making of the Notification, including information in relation to the court hearing the case, the nature of the offence and any penalty or requirement imposed by the court, and
(k) information in relation to the terms of any requirement imposed on the person by order of a court under sections 57 or 58 of the Act.
(2) (a) The information to be provided under paragraphs (j) and (k) of sub-article (1) shall, in a case where the person is a body corporate, include such information in relation to the person and to—
(i) each director, manager, secretary or other similar officer of that body corporate, and
(ii) each body corporate in relation to which a director, manager, secretary or other similar officer of the body corporate is, or was at any time during the period of ten years prior to the making of the application, a director, manager, secretary or other similar officer.
(b) The information to be provided under paragraphs (j) and (k) of sub-article (1) shall, in a case where the person is a natural person or a partnership, include such information in relation to the applicant and each body corporate in which the person or any partner, as the case may be, is or was at any time during the period of ten years prior to the making of the application, a director, manager, secretary or other officer.
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GIVEN the Official Seal of the Minister for the Environment, Heritage and Local Government,
17 December 2007
JOHN GORMLEY.
Minister for the Environment, Heritage and Local Government.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation).
These Regulations amend and replace the Waste Management (Collection Permit) Regulations 2001 and set out procedures for the making of permit applications, public consultation, consideration by local authorities of submissions in relation to permit applications, and the grant, refusal and review of collection permits by local authorities.
1 O.J. No. L 194/23, 25 July 1975
2 O.J. No. L 42/43, 12 February 1987
3 O.J. No. L 194/39, 25 July 1975
4 O.J. No. L 78/32, 26 March 1991
5 O.J. No. L 114/9, 27 April 2006
6 O.J. No. L 7/29, 12 January 2006
7 O.J. No. L 20/43, 26 January 1980
8 O.J. No. L 85/40, 28 March 1987
9 O.J. No. L 375/1, 31 December 1991
10 O.J. No. L 377/20, 31 December 1991
11 O.J. No. L 327/1, 22 December 2000
12 O.J. No. L 269/34 21 October 2000
13 O.J. No. L 254/69, 30 September 2005
14 O.J. No. L 37/24, 13 February 2003
15 O.J. No. L345/106, 31 December 2003
16 O.J. No. L365, 31 December 1994
17 O.J. No. L47, 18 February 2004
18 O.J. No. L244/1, 29 June 2000
19 O.J. No. L244/25, 29 September 2000
20 O.J. No. L244/26, 29 September 2000
21 O.J. No. L265/1, 16 October 2003
22 O.J. No. L359/28, 4 December 2004
23 O.J. No. L6/27, 11 January 2006
24 O.J. No. L337/3, 5 December 2006
25 O.J. No. L332/1, 9 December 2002
26 O.J. No. L273/1, 10 October 2002
27 O.J. No. L117/1, 13 May 2003
28 O.J. No. L229/5, 29 June 2004
29 O.J. No. L33/36, 8 February 1979
30 O.J. No. L217/1, 8 August 2006
31 O.J No. L55/1, 23 January 2007
32 O.J. No. L161/1, 14 June 2006
33 O.J. No. L332/91, 28 December 2000
34 O.J. No. L078/38, 26 March 1991
35 O.J. No. L264/51, 23 October 1993
36 O.J. No. L1/1, 5 January 1999
37 O.J. No. L266/49, 26 September 2006
38 O.J. No. L78/38, 26 March 1991
39 O.J. No. L272/19, 27 December 2006
40 S.I. No. 165 of 1998
41 S.I. No. 340 of 2005
42 O.J. No. L47/1, 16 February 2001
43 S.I. No. 10 of 1996
44 S.I. No. 36 of 2001
45 S.I. No. 27 of 2003
46 S.I. No. 290 of 2005
47 S.I. No. 62 of 2007
48 O.J. No. L345/106, 31 December 2003
49 S.I. No. 183 of 1997
50 S. I. No. 248 of 2003
51 Region consists of the functional areas of Cavan County Council, Louth County Council, Meath County Council and Monaghan County Council
52 Region consists of the functional areas of Dublin City Council, Dun Laoghaire-Rathdown County Council, Fingal County Council and South Dublin County Council
53 Region consists of the functional areas of Carlow County Council, Kilkenny County Council, South Tipperary County Council, Waterford County Council, Waterford City Council and Wexford County Council
54 Region consists of the functional areas of Cork County Council and Cork City Council.
55 Region consists of the functional areas of Limerick County Council, Limerick City Council, Kerry County Council and Clare County Council.
56 Region consists of the functional areas of Galway County Council, Galway City Council, Leitrim County Council, Mayo County Council, Roscommon County Council and Sligo County Council
57 Region consists of the functional areas of Laois County Council, Longford County Council, Offaly County Council, North Tipperary County Council and Westmeath County Council
S.I. No. 87/2008 –
Waste Management (Collection Permit) (Amendment) Regulations 2008
S.I. No. 87 of 2008
WASTE MANAGEMENT (COLLECTION PERMIT) (AMENDMENT) REGULATIONS 2008
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 8th April, 2008.
The Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on him by sections 7, 15, 18, 19, 34, 36 and 50 of the Waste Management Acts 1996 to 2007, hereby makes the following Regulations:—
1. These Regulations may be cited as the Waste Management (Collection Permit) (Amendment) Regulations 2008.
2. The Waste Management (Collection Permit) Regulations 2007 (S.I. 820 of 2007) are hereby amended by—
(a) The substitution of the following sub-article for sub article 1(2)—
“(2) These Regulations shall come into operation on 01 June 2008.”;
(b) The substitution of the following paragraph for paragraph 6(2)(e)—
“(e) state that a copy of the application will be available for inspection or purchase at the principal office of the nominated authority from as soon as may be.”;
(c) The substitution of the following paragraphs for paragraphs 7(3)(a), 7(3)(b) and 7(3)(c) which immediately follow paragraph 7(3)(e)—
“(f) the fee payable in accordance with article 8 and as set out in the third schedule of these Regulations,
(g) in the case of a multi-regional application a copy of the complete application for each relevant local authority, and
(h) in the case of an application relating to the collection of hazardous waste a copy of the complete application for the Agency.”;
(d) The substitution of the following paragraph for paragraph 8(2)(b)—
“(b) in the case of an application for the review of a waste collection permit, the fee payable shall be half the amount indicated in column (2) of the third schedule for each relevant region subject to a maximum fee of €2,500.”;
(e) The substitution of the following sub-article for sub article 11(1)—
“(1) Where a nominated authority receives an application in respect of a waste collection activity which will be carried on within the functional area or areas of any other local authority, it shall notify such other relevant local authority or other relevant local authorities as soon as may be, and that notice shall be accompanied by a copy of the said application, including any information and particulars received pursuant to a notice under article 9. Any additional information submitted by the applicant under article 10, and any submissions received under article 13, shall also be circulated, as soon as they become available, to the relevant local authorities in whose functional areas in which the waste collection activity is proposed to be carried out.”;
(f) The substitution of the following sub-article for sub-article 13(5)—
“(5) Where a relevant local authority or the Agency specifically state that particular matters raised in any submission to the nominated authority under sub-article (4) are required for the implementation of the Waste Management Plan for their region or, as the case may be, the National Hazardous Waste Management Plan, the nominated authority must incorporate conditions in the permit to give effect to such provisions.”;
(g) The substitution of the following paragraph for paragraph 14(4)(b)—
“(b) the amount concerned may be recovered by the nominated authority or relevant local authority concerned as a simple contract debt in any court of competent jurisdiction.”;
(h) The substitution of the following sub-article for sub article 16(3)—
“(3) Where a notice has been given under sub-article (2), the nominated authority may, at any time after the expiration of the period specified in the notice, and after considering the submission (if any) made to the authority pursuant to the notice, declare the application to which the notice relates to have been abandoned.”;
(i) The insertion after paragraph (c) of sub-article 17(3) of the following—
“A local authority may, if it considers it proper to do so in any particular case, regard a person as a fit and proper person for the purposes of this Part notwithstanding that that person or any other relevant person has been convicted of an offence under the Act, the Environmental Protection Agency Acts 1992 and 2003, the Local Government (Water Pollution) Acts 1977 and 1990 or the Air Pollution Act 1987 .”;
(j) The substitution of the following paragraph for paragraph 20(2)(b)—
“(b) ensure that where biowaste collected under the waste collection permit is transferred to a composting or biogas facility for the purpose of treatment and where animal by-products form all or part of that biowaste, that the facility has been approved in writing by the nominated authority for use by the permit holder and there is in force an appropriate veterinary authorisation issued by the Minister for Agriculture and Food in accordance with article 10 (6) of the European Communities (Transmissible Spongiform Encephalopathies and Animal By-Products) Regulations 2006 ( S.I. No. 612 of 2006 ),”;
(k) The substitution of the following sub-article for sub article 21(d)—
“(d) an offence under article 9 of the Waste Management (Transfrontier Shipment of Waste) Regulations 2007 ( S.I. No. 419 of 2007 ),”;
(l) The insertion after paragraph (c) of sub-article 28 (6) of the following—
“A local authority may, if it considers it proper to do so in any particular case, regard a person as a fit and proper person for the purposes of this Part notwithstanding that that person or any other relevant person has been convicted of an offence under the Act, the Environmental Protection Agency Acts 1992 and 2003, the Local Government (Water Pollution) Acts 1977 and 1990 or the Air Pollution Act 1987 .”;
(m) The substitution of the following paragraph for paragraph 29(1)(c)—
“(c) the activity is, or may be, in contravention of the Waste Management (Facility Permit and Registration) Regulations 2007; Waste Management (Movement of Hazardous Waste) Regulations, 1998 or Waste Management (Transfrontier Shipment of Waste) Regulations 2007,”;
(n) The substitution of the following paragraph for paragraph 30(1)(g)—
“(g) the collection and transport of animal by-products, other than catering waste, within the meaning of the European Communities (Transmissible Spongiform Encephalopathies and Animal By-Products) Regulations 2006 ( S.I. No. 612 of 2006 ), subject to any amendment that may be made to those regulations from time to time,”;
(o) The insertion after paragraph (b) of sub-article 32(1) of the following—
“(2) A waste collection permit holder shall furnish such information to the Agency in relation to waste collected or brokered within a specified period, including information on the waste type, classification and quantity, its origin and destination, and the treatment, recovery or disposal activities to which it was subject in such form and at such frequency as may be specified by the Agency.”;
(p) The substitution of the following sub-article for sub-article 33(1)—
“(1) A holder of a waste collection permit shall give notice in writing to the nominated authority which granted the said waste collection permit of any changes in the information furnished to that local authority under article 7(1) or 10, other than those changes referred to in articles 20(2)(l) and 20(2)(m), in advance of any such change coming into effect.”;
(q) The substitution of the following paragraph for paragraph 34(1)(b)—
“(b) such relevant information as provided for under the requirements of Article 7(1) in relation to waste collection activities for which a waste collection permit is granted, reviewed or revoked,”;
(r) The substitution of the following sub-article for sub-article 36(2)—
“(2) A person who fails to comply with a notice or to provide information that a nominated authority or the agency requires under these regulations shall be guilty of an offence.”;
(s) The substitution of the following sub-article for sub-article 37(2)—
“(2) For the purposes of ensuring that waste collection permit holders are complying with their obligations under these regulations, a nominated authority or, as the case may be, a local authority may take all reasonable measures as are decided to be appropriate in each case, including measures prescribed under sections 14, 15, 16 and 18 of the Act.”.
(t) The substitution of the following paragraph for paragraph (j) of the Fifth Schedule—
“(j) information in relation to any offence, prescribed under article 21, of which the person has been convicted within the period of ten years prior to the making of the Notification, including information in relation to the court hearing the case, the nature of the offence and any penalty or requirement imposed by the court, and”.
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GIVEN under the Official Seal of the Minister for the Environment, Heritage and Local Government,
31 March 2008
JOHN GORMLEY.
Minister for the Environment, Heritage and Local Government.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation).
These Regulations amend the Waste Management (Collection Permit) Regulations 2007 to correct certain typographical errors or omissions.
S.I. No. 126/2011 –
European Communities (Waste Directive) Regulations 2011.
Amendment of Waste Management (Collection Permit) Regulations 2007
58. The Waste Management (Collection Permit) Regulations 2007 ( S.I. No. 820 of 2007 ) are amended—
(a) in article 3—
(i) by deleting paragraphs (a), (b) and (g),
(ii) in paragraph (s), by substituting “EEC,” for “EEC, and”,
(iii) in paragraph (t), by substituting “deterioration, and” for “deterioration.”, and
(iv) by inserting the following paragraph after paragraph (t):
“(u) the Waste Directive.”,
(b) in article 4(2), by deleting the definitions of “biowaste” and “Directive 2006/12/EC”,
(c) in article 21, by inserting the following paragraph after paragraph (o):
“(p) an offence under Part 3 of the Regulations of 2011,”,
(d) in article 29(1), by substituting the following paragraph for paragraph (c):
“(c) the activity is, or may be, in contravention of the Waste Management (Facility Permit and Registration) Regulations 2007 ( S.I. No. 821 of 2007 ), the Waste Management (Shipments of Waste) Regulations 2007 ( S.I. No. 419 of 2007 ), the Waste Management (Food Waste) Regulations 2009 ( S.I. No. 508 of 2009 ) or the Regulations of 2011,”,
and
(e) in the Fourth Schedule—
(i) by deleting rows 1, 3 and 5, and
(ii) by inserting “Waste Directive” after the last row.
Amendment of Waste Management (Facility Permit and Registration) Regulations 2007
59. The Waste Management (Facility Permit and Registration) Regulations 2007 ( S.I. No. 821 of 2007 ) are amended—
(a) in article 3, by inserting the following sub-articles after sub-article (4):
“(4A) Where an application for a waste facility permit is made in respect of a facility for which a waste licence was granted under section 39(1) of the Act and such facility is eligible for a waste facility permit in accordance with these Regulations, the waste licence shall remain valid until such time as a decision is taken to grant or to refuse a waste facility permit under article 18.
(4B) Where an application for a certificate of registration is made in respect of a facility for which a waste facility permit was granted under article 18 and such facility is eligible for a certificate of registration in accordance with these Regulations, the waste facility permit shall remain valid until such time as a decision is taken to grant or to refuse a certificate of registration under article 37.”,
(b) in article 4—
(i) by deleting paragraphs (a), (b) and (h),
(ii) by inserting the following paragraph after paragraph (x):
“(y) the Waste Directive.”,
(c) in article 5(1), by deleting the definitions of “biowaste” and “Directive 2006/12/EC”, and
(d) in article 6(2)(c)(ii)(B), by substituting “requirements of articles 1, 4 and 13 of the Waste Directive” for “general requirements laid down in article 4 of Directive 2006/12/EC”,
(e) in article 19, by substituting the following sub-article for sub-article (2):
“(2) For the purposes of the attachment by a local authority of conditions to a waste facility permit that may be granted by it in respect of an activity which involves the holding of waste oils, the authority shall take such steps as are necessary for the purposes of compliance with Article 21 of the Waste Directive.”,
(f) in article 22, by substituting the following paragraphs for paragraph (o):
“(o) the contravention of Regulations 6, 7, 8, 9, 10, 11 or 12 of the Waste Management (Food Waste) Regulations 2009 ( S.I. No. 508 of 2009 ),
(p) an offence under Part 3 of the Regulations of 2011,
(q) an offence under article 43,”,
(g) by deleting article 23,
(h) in article 36(1)—
(i) in paragraph (a), by inserting “and having regard to any offence committed by the permit holder, or other relevant person, which, under article 22, is an offence for the purposes of this article” after “reasonable opinion”,
(ii) by substituting the following paragraph for paragraph (c):
“(c) the activity is, or may be, in contravention of the Waste Management (Facility Permit and Registration) Regulations 2007 ( S.I. No. 821 of 2007 ), the Waste Management (Movement of Hazardous Waste) Regulations 1998 ( S.I. No. 147 of 1998 ), the Waste Management (Shipment of Waste) Regulations 2007 ( S.I. No. 419 of 2007 ), the Waste Management (Food Waste) Regulations 2009 ( S.I. No. 508 of 2009 ) or the Regulations of 2011, or”,
(i) in article 38(7)—
(i) in paragraph (a), by inserting “and having regard to any offence committed by the permit holder, or other relevant person, which, under article 22, is an offence for the purposes of this article” after “reasonable opinion”,
(ii) by substituting the following paragraph for paragraph (c):
“(c) the activity is, or may be, in contravention of the Waste Management (Collection Permit) Regulations 2007 ( S.I. No. 820 of 2007 ), the Waste Management (Movement of Hazardous Waste) Regulations 1998 ( S.I. No. 147 of 1998 ), the Waste Management (Shipment of Waste) Regulations 2007 ( S.I. No. 419 of 2007 ), the Waste Management (Food Waste) Regulations 2009 ( S.I. No. 508 of 2009 ), the European Communities (Transmissible Spongiform Encephalopathies and Animal By-Products) Regulations 2008 ( S.I. No. 252 of 2008 ), or Part 3 of the Regulations of 2011, or”,
(j) in article 40(2), by substituting the following paragraph for paragraph (a):
“(a) the general requirements of Articles 13 and 36(1) of the Waste Directive, and”, and
(k) in the Second Schedule—
(i) by deleting rows 1, 2 and 8, and
(ii) by inserting “Waste Directive” after the last row.
S.I. No. 197/2015 –
Waste Management (Collection Permit) (Amendment) Regulations 2015.
I, ALAN KELLY, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by sections 7 , 18 , 32 and 34 of the Waste Management Act 1996 (No. 10 of 1996), hereby make the following Regulations:
Citation
1. These Regulations may be cited as the Waste Management (Collection Permit) (Amendment) Regulations 2015.
Amendment to the Waste Management (Collection Permit) Regulations 2007
2. The Waste Management (Collection Permit) Regulations 2007 (S.I. 820 of 2007) are hereby amended by—
(a) In article 4(2), by inserting the following after the definition of “household waste”:
“ “household kerbside waste” means that fraction of household waste presented for collection from a household premises and collected by an authorised waste collector and excludes waste water, construction and demolition waste and bulky waste more suitable for collection in a skip or other such receptacle (which includes but is not limited to heavy waste materials such as furniture, carpets and rubble), as well as household hazardous waste and other streams of household waste which are required to be collected in another appropriate manner, such as, but not limited to, WEEE and waste batteries and accumulators.”
(b) In article 20(2)(i) by inserting “and in the case of recyclable materials, on and after 1 July, 2015, a frequency of collection of not less than once every two weeks,” after “practicable to do so,”,
(c) by inserting the following paragraphs after Article 20(2)(m):
“(n) weigh each and every collection of household kerbside waste collected separately in approved receptacles designed for reuse on and after 1 July, 2015, and for the avoidance of doubt, approved receptacles designed for reuse do not include bags,
(o) report, in writing, this weight to the person or persons who presented the waste for collection at a frequency specified by the nominated authority, wheresuch frequency is not less than once every month,
(p) use a weighing system to weigh household kerbside waste in accordance with paragraph (n) which has an EC Type Approval under the Measuring Instruments Directive (2004/22/EC) or a National Type Approval granted prior to the coming into force of the Measuring Instruments Directive (2004/22/EC), in accordance with the Legal Metrology (General) Regulations 2008, to weigh each and every collection of kerbside household waste collected separately in receptacles designed for reuse,
(q) use a weighing system to weigh household kerbside waste in accordance with paragraph (n) of accuracy Class Y (b) or better, where such a weighing system shall have a resolution of 1 kilogramme (kg) or better for weighing approved receptacles designed for reuse with a volume of 360 litres or less and a resolution of 5 kilogrammes [kg] or better for weighing approved receptacles designed for reuse with a volume of greater than 360 litres, in accordance with the Legal Metrology (General) Regulations 2008,
(r) only use vehicles which have been fitted with a weighing system which is in accordance with paragraphs (p) and (q) to collect household kerbside waste collected separately in approved receptacles designed for reuse on and after 1 July, 2015, and for the avoidance of doubt, approved receptacles designed for reuse do not include bags,
(s) only collect household kerbside waste in approved receptacles which are designed for reuse on and after 1 July, 2016, with the exception of the collection of such waste in specific areas designated by a local authority as being only suitable for the collection of such waste in non-reusable receptacles such as bags,
(t) prepare a customer charter for household kerbside waste collection in the form set out in the sixth schedule to these regulations, or a form substantially to the like effect, to the satisfaction of the nominated authority, to facilitate publication on the website of the nominated authority on 1 July, 2015, and any amendments or updates to the customer charter to be submitted to the nominated authority without delay to facilitate publication of the revised charter on the website,
(u) provide for the collection of at least the recyclable waste materials listed in the seventh schedule to these regulations on and after 1 July, 2015 as part of the segregated collection arrangements provided in accordance with paragraph (i) for household kerbside waste collection.”,
(d) By the substitution of the following sub-article for Article 23(1):
“23(1) The nominated authority shall initiate a review of a permit granted by it at any time after the date on which the permit was granted—
(a) where the nominated authority has reason to believe that a review of the permit is required as a result of:
(i) a significant change in the nature, focus or extent of the waste collection activity having taken place,
(ii) an amendment having been made to the waste management plan for the region concerned, or
(iii) a change in legislation,
or
(b) at the request of a relevant local authority in whose area the permitted activity takes place.”
(e) By inserting the following sub-article after Article 23(1)—
“(1A) Where—
(a) the nominated authority initiates a review under section 34(6) of the Act and considers, in its opinion, following an assessment of any submissions, documents or other information already received from the permit holder, together with records and information already in the possession of the nominated authority and other relevant local authorities in relation to the waste collection activity concerned that a significant change in the nature, focus or extent of existing waste collection activities has not taken place, the nominated authority may make a decision that the proposed review can be implemented through the amendment of the conditions attached to a waste collection permit which has been granted on the basis of the assessment that has been made;
(b) a decision is taken to amend the conditions of a waste collection permit pursuant to paragraph (a), the existing waste collection permit shall remain in force until such time as the conditions are amended and the amended waste collection permit shall be subject to the same expiry date as the existing permit; and
(c) a nominated authority proposes to amend the conditions of a waste collection permit pursuant to paragraph (a), it shall give notice in writing of such intention to the permit holder or to any other relevant local authority concerned and, in the case of an activity relating to the collection of hazardous waste, the Agency.”
(f) In Article 23(2) by inserting “, pursuant to sub-article (1),” after the words “Where a nominated authority proposes”.
(g) By inserting the following sub-article after Article 23(2)—
“(2A) A notice given under sub-article (1A)(c) in relation to a review of a waste collection permit to which sub-article (1A) applies to amend the conditions attached to a permit which has been granted—
(a) shall inform the permit holder of the intent of the nominated authority to review the existing waste collection permit to amend conditions attached to the permit,
(b) shall state that-
(i) an application for the review of the permit is not required, and
(ii) the current expiry date of the waste collection permit shall remain the same following the amendment of the conditions,
(c) may require the waste collection permit holder to furnish such submissions, plans, documents, other information and particulars in a format specified by the nominated authority within a specified timeframe as the nominated authority considers necessary for the purposes of the proposed review.”
(h) In Article 23(3) by the insertion of “to which sub-article (1A) does not apply” after the words “A notice given under sub-article (2)”,
(i) In Article 26 by the insertion of “to which Article 23(1A) does not apply,” after the words “documents or other information received from the applicant for the review of a waste collection permit”,
(j) In Article 27(1) by the insertion of “to which Article 23(1A) does not apply,”after the words “records or other information received by it in relation to an application for the review of the waste collection permit”,
(k) In the title of Article 28 by the insertion of “or of the amendment of conditions attached to a waste collection permit” after the words “Determination and notice of grant or refusal of a reviewed waste collection permit”,
(l) By inserting the following sub-article after Article 28(1)-
“(1A) A nominated authority may, in relation to the review of a waste collection permit to which Article 23(1A) applies, amend a waste collection permit in accordance with these Regulations in relation to the carrying on by the permit holder of a waste collection activity relating to a region or regions within 40 working days of issuing a notice under article 21(1A)(c).
(m) In Article 28(5) by the insertion of “to which Article 23(1A) does not apply,” after the words “A reviewed waste collection permit”,
(n) In Article 28(6) by the insertion of “to which Article 23(1A) does not apply,” after the words “shall not grant a reviewed waste collection permit”
(o) After the fifth schedule, by the insertion of the following two schedules:
“
Article 20
SIXTH SCHEDULE
CUSTOMER CHARTER FOR HOUSEHOLD WASTE COLLECTION
1. INTRODUCTION (Insert Name) is committed to providing the highest standards in the provision of waste management services to their customers. We have a commitment to providing a service that seeks to incentivise waste prevention and to encourage the segregation of waste so that it can be managed in accordance with the waste hierarchy, whereby waste prevention, preparing for reuse, recycling and other recovery are preferred over the disposal of waste. This approach is in line with current national waste policy in the area — A Resource Opportunity — Waste Management Policy in Ireland. This document is designed to communicate how we intend to provide household waste collection services in accordance with these principles to the public in a clear and concise fashion.
2. CUSTOMER SERVICE STANDARDS
(a) We will provide a regular and reliable collection service and process your waste in a professional and environmentally sound manner.
(b) All service provision will be carried out in line with current local and national legislation and in line with sustainable waste management practices. Our National Waste Collection Permit Office (NWCPO) waste collection permit number is (Insert number) and the details of the permit can be viewed at www.nwcpo.ie.
(c) We will provide you with timely, relevant and clear information regarding your collections, including temporary changes resulting from public holidays or adverse weather conditions.
(d) We will consider any reasonable special requests that individual households may have.
(e) We will explain clearly what our service rules are and the reasons for them.
(f) We will respond to formal complaints we receive about our services in a timely and professional manner.
(g) We will ensure that there are no direct impediments to you switching your service provider should you wish to do so.
(h) We will design our service and carry out collections in a way that minimises litter and odour nuisance.
(i) We will offer a “2 Bin” or “3 Bin” service (to facilitate the segregation of residual waste, recyclables and where appropriate, food/bio waste) in line with the relevant regulations in relation to food/bio waste [the European Union (Household Food Waste and Bio-waste) Regulations 2015]. The frequency of collection will be as follows:
• Residual Waste Bin — in line with the European Union (Household Food Waste and Bio-waste) Regulations 2015.
• Recyclable Waste Bin — at least every fortnight.
• Food & Bio Waste Bin —in line with the European Union (Household Food Waste and Bio-waste) Regulations 2015.
3. COMMUNICATION WITH CUSTOMERS
(a) We will explain clearly what services you can expect to receive and will provide details of the collection services we offer on a county/city basis to the National Waste Collection Permit Office for publishing on their website.
(b) We will provide you with clear and concise billing which will allow you to understand all elements of the costs involved in providing your waste services.
(c) We will inform all customers availing of a domestic waste collection service at least 10 days in advance of any predictable alternative arrangements made for collection in relation to public holidays etc., or any proposal to vary the level of collection.
(d) We will keep you informed of changes in our service that are designed to improve our service offering.
(e) At the time of initial service provision, each customer will be provided with details of their service providers; full name and address, contact details (website where available, phone number, email, postal address), a clear breakdown of pricing policy for provision of service, process for accessing account statement and balances, procedure for receipt of payments, process for dispute resolution, procedure for customers who have fallen into arrears with their payments, where applicable, service provision frequency and details and the procedure for cancellation of service provision, including refund of charges where applicable. You will also be provided with details of the period of validity for the offer provided and advised of a cooling off period, should you wish to change your mind (usually any time prior to delivery of bins but at least 7 days from time of contract signing).
(f) In the case of e-Commerce contracts with customers, and in line with reducing paper usage, all communication and documents will be sent by email, unless otherwise requested. In the interests of the environment and reducing costs we are committed to increasing communication by this method.
(g) We will alert you at least 30 days in advance of the expiry of your contract.
(h) We will produce a version of this Charter which has been approved by the National Adult Literacy Agency
4. Householder Responsibilities
(a) In line with national policy, prevent, reuse and recycle waste as much as possible. Refer to national and regional campaigns that seek to help reduce waste production. Present your waste materials, properly segregated and placed in their respective bins / receptacles. Please refer to our Waste Segregation and Presentation Guidelines (see section 7 below) which are available on our web site or which are available to send to you by post, if requested.
(b) Segregate your waste appropriately. Please note the procedure in place should the incorrect waste be placed in a bin (e.g. food waste placed in the recycle bin):
(Procedure for dealing with contamination of a bin through waste being deposited in the incorrect bin to be inserted by collector)
(c) In the event that you have difficulty paying your outstanding bill, please contact us directly as soon as possible as we have a procedure to agree an individual payment plan which deals with how we will manage customers who have difficulty paying their bill.
(d) Contact us, as your waste management service supplier, if you have any queries on how best to manage any of your waste materials. We have the expertise to provide the appropriate service or advice on how to best resolve the issue
5. PRICING, CHARGING MECHANISM AND ACCESS TO ACCOUNT INFORMATION
(a) The range of service and costs for service provision will be clearly communicated to each customer.
(b) New Customers will receive information on charging and pricing structures at the time of sign up i.e. whether over the phone, via website sign-up or via completion of hard copy application form.
(c) Information, including a copy of Terms and Conditions of Business will be provided to Customers as part of new Customer Welcome Packs and will be available on the company’s website and/or www.nwcpo.ie.
(d) Any changes to the Terms and Conditions of the business will be communicated to customers in a timely manner. Payment of invoices following such notifications shall be taken as acceptance of the updated Terms.
(e) Customers will be entitled to easy access to their account information including statements / balances
6. COMPLAINTS PROCEDURE/DISPUTE RESOLUTION
(a) You are entitled to a fair and reasonable hearing when you have a genuine complaint or dispute and the company commits to resolving your issues as quickly as is reasonably possible. Please find our contact details for complaints:
(Collector to insert contact details)
(b) We will respond to formal complaints that we receive about our services in a timely and professional manner. In the case of written complaints, within 10 working days.
(c) Complaints shall be logged on the individual customer account with a tracking facility to ensure the complaint has been resolved and the customer notified of updates or the course of action taken to resolve the issue.
(d) Billing disputes are handled on a case by case basis and recorded. We will liaise with you directly to resolve the matter.
(e) Dispute resolution including withdrawal of service will be in line with the company policy available on the company website or which is sent out by post on request. This will be a fair and equitable process in line with good consumer policies.
7. EDUCATION AND RAISING AWARENESS
(a) We shall implement an education and awareness programme in relation to waste management for householders that we service. This will be available via promotional literature that we provide directly to you and via our website or through the website of the National Waste Collection Permit Office.
(b) Information packs shall be available to all customers clearly indicating waste types appropriate to each bin and how to present material for recycling.
(c) We shall work with other national bodies in promoting waste prevention, reduction and recycling e.g. EPA / Repak etc.
(d) We will provide Waste Segregation and Presentation Guidelines to customers, or at a minimum to the National Waste Collection Permit Office for publishing on their website, which clearly explain which materials are to be placed in which bin and collect at a minimum the recycling materials set out below and as prescribed in the sixth schedule of the Waste Collection Permit Regulations. We will explain to you what happens to materials collected in the residual, recycle and food waste bins.
Paper
Plastic Bottles (PET 1)
Newspapers
Mineral Bottles
Magazines
Water Bottles
Junk mail
Mouthwash bottles
Envelopes
Salad dressing bottles
Paper
Phone books
Plastic Bottles (HDPE2)
Catalogues
Milk Bottles
Tissue boxes
Juice Bottles
Sugar bags
Cosmetic bottles
Calendars
Shampoo bottles
Dairies
Household cleaning bottles
Letters
Laundry detergent bottles
Computer paper
Window Cleaning Bottles
Used Beverage and Juice cartons Milk cartons
Bath room bottles
Egg Boxes
Holiday brochures
Plastic packaging (PP)
Paper Potato bags
Yogurt containers
Margarine tubs
Rigid food packaging- (except black)
Cardboard
Liquid Soap Containers
Food boxes
Fruit containers
Packaging boxes
Cereal boxes
Kitchen Towel tubes
Aluminium cans
Drink cans
Steel cans
Pet food cans
Food cans
Biscuit tins
Soup tins
(Optional — In addition, we will accept the following items in the recycling bin:)
8. TERMINATION OF SERVICE / REFUNDS / CHANGING SERVICE PROVIDERS
(a) Should you wish to terminate your service provision, please advise us by email or in writing or by phoning giving (Number of days to be inserted) days’ notice. We will remove our bins by arrangement with you and any balance owing on your account, after a Cancellation Charge (if applicable) is deducted, will be refunded to you within 30 days of receipt of termination notice.
(b) We will ensure that there are no direct impediments to you switching your service provider
9. CHANGING EQUIPMENT AND OWNERSHIP OF BINS
(a) At time of initial service provision, by agreement, each customer will be supplied with the appropriate bins / receptacles sized to service their specific needs.
(b) In the case of changing equipment / ceasing service / changing service provider we commit to organising to arrange the collection of your old bins within a two week period of the ceasing of the service.
(c) This Charter does not affect your statutory rights in any way and provides a simple interpretation of our commitment to you, our customer, and what we expect in return, to help ensure that you are provided with the best service level possible.
Article 20
SEVENTH SCHEDULE
Recyclable Household Waste Materials
Paper
Plastic Bottles (PET 1)
Newspapers
Mineral Bottles
Magazines
Water Bottles
Junk mail
Mouthwash bottles
Envelopes
Salad dressing bottles
Paper
Phone books
Plastic Bottles (HDPE2)
Catalogues
Milk Bottles
Tissue boxes
Juice Bottles
Sugar bags
Cosmetic bottles
Calendars
Shampoo bottles
Dairies
Household cleaning bottles
Letters
Laundry detergent bottles
Computer paper
Window Cleaning Bottles
Used Beverage and Juice cartons Milk cartons
Bath room bottles
Egg Boxes
Holiday brochures
Plastic packaging (PP)
Paper Potato bags
Yogurt containers
Margarine tubs
Rigid food packaging- (except black)
Cardboard
Liquid Soap Containers
Food boxes
Fruit containers
Packaging boxes
Cereal boxes
Kitchen Towel tubes
Aluminium cans
Drink cans
Steel cans
Pet food cans
Food cans
Biscuit tins
Soup tins
/images/ls
GIVEN under the Official Seal of the Minister for the Environment, Community and Local Government,
15 May 2015.
ALAN KELLY,
Minister for the Environment, Community and Local Government.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation).
These Regulations amend the Waste Management (Collection Permit) Regu-lations 2007 to give effect to national waste policy regarding the regulation of the collection of household waste. In particular, the regulations provide for the weighing of household waste collected, the reporting of this weight to the householder, the preparation of customer charters, the phasing out of the collection of non-reusable waste receptacles such as bags (with the exception of areas specifically identified as only being suitable for bag collections), the collection of recyclable household waste at least every two weeks and the collection of a minimum schedule of household waste recyclable material.
S.I. No. 24/2016 –
Waste Management (Collection Permit) (Amendment) Regulations 2016.
View SIAmendments
Notice of the making of this Statutory Instrument was published in
“Iris Oifigiúil” of 22nd January, 2016.
I, ALAN KELLY, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by sections 7 , 15 , 18 , 19 , 32 , 34 , 34B, 36 and 50 of the Waste Management Act 1996 (No. 10 of 1996), hereby make the following Regulations:
Citation
1. These Regulations may be cited as the Waste Management (Collection Permit) (Amendment) Regulations 2016.
Amendment to the Waste Management (Collection Permit) Regulations 2007
2. The Waste Management (Collection Permit) Regulations 2007 (S.I. 820 of 2007) are hereby amended by—
(a) In article 4(2) by—
(i) substituting—
(I) the following for the definition of “fit and proper person”:
“ “fit and proper person” means a fit and proper person in accordance with section 34D of the Act;”,
(II) the following for the definition of “region”
“ “region” means the local authority areas specified in Column (1) of the third schedule which have jointly made a waste management plan as respects their functional areas in accordance with section 22(3) of the Act;”,
(ii) inserting-
(I) the following before the definition of “the Act”:
“ “Act of 1992” means the Environmental Protection Agency Act 1992 (Number 7 of 1992);”,
(II) the following after the definition of “biological treatment”:
“ “bio-waste” is as defined in the Act;”,
(III) the following after the definition of “registration holder”:
“ “Regulation 1069” means Regulation (EC) No. 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No. 1774/20021 ”,
(IV) the following after the definition of “Fluorinated Greenhouse Gas container”:
“ “food waste” includes any food substance used, available to be used, or intended to be used, for food by human persons and discarded as household waste;”,
(V) the following definition after the definition of “IPPC Licence”:
“ “List of Waste” means the List of Waste (LoW) as set out in Commission Decision of 18 December 2014, amending Decision 2000/532/EC on the list of waste pursuant to Directive 2008/98/EC of the European parliament and of the Council (2014/955/EEC);”,
(VI) the following after the definition of “nominated authority”:
“ “off-shore island” means an island which is not accessible by road from the mainland;”,
(VII) the following after the definition of “party to an application”:
“ “person who presents the household waste for collection” means either the original waste producer whose activities produce household kerbside waste or, as the case may be, the person who arranges, on behalf of more than one original waste producer occupying apartments, duplexes, maisonettes or any combination of such dwellings for collection of their waste;”,
(VIII) the following after the definition of “producer responsibility scheme”:
“ “recyclable household kerbside waste” means the fraction of household kerbside waste comprising recyclable household waste including the materials set out in the seventh schedule;
(IX) the following after the definition of “relevant local authority “:
“ “residual household kerbside waste” means the fraction of household kerbside waste remaining after the source separation of the household kerbside waste fractions of recyclable household waste including the materials set out in the seventh schedule, food waste and, as the case may be, bio-waste;”,
(iii) deleting the definition of “Regulation (EC) No. 1774/2002”,
(b) By the substitution of the following sub-article for article 5(3):
“(3) Insofar as possible, local authorities shall co-operate to ensure an efficient administration of the waste collection permit system to reduce the administrative burden for applicants.”,
(c) By the deletion of articles 5(4) and 5(5),
(d) By the substitution of the following sub-article for article 6(1):
“(1) An applicant shall, within the period of 10 working days before the making of an application, publish notice of the intention to make the application—
(a) in either a national newspaper, or in newspapers circulating in each of the local authority areas from which waste will be collected, or
(b) on the website of the nominated authority with the agreement of and in such format as may be specified by the nominated authority.”,
(e) By the substitution of the following paragraphs for articles 7(1)(h), 7(1)(i), 7(1)(j) and 7(1)(k):
“(h) details of any facility that is intended to be used by the applicant in connection with the activity to which the application relates,
(i) in the case of household kerbside waste collection, a copy of the customer charter in the form set out in the sixth schedule, or a form substantially to the like effect, information on how the applicant will meet the requirements of conditions to be attached to a permit to collect household kerbside waste under article 20, including the frequency of collection for residual household kerbside waste, food waste and, as the case may be, bio-waste and recyclable household kerbside waste, the method of charging for the collection of waste, confirmation that the fee per kilogramme to be charged to collect residual household kerbside waste, food waste and, as the case may be, bio-waste, and recyclable household kerbside waste is not less than the fees prescribed in the eighth schedule, details on the provision of segregated collection for dry recyclables and for food waste and, as the case may be, bio-waste, details of how the collector will, if and when requested to do so by an authorised person in accordance with section 34C of the Act, provide details of the collection service as set out in section 34(7)(b)(ix) of the Act,
(j) information in relation to any offence, prescribed under article 21, of which the applicant has been convicted within the period of 10 years prior to the making of the application, including information in relation to the court hearing the case, the nature of the offence and any penalty or requirement imposed by the court, or the terms of any requirement imposed on the applicant by order of a court under the Act of 1992,
(k) information, in order to establish that the person is a fit and proper person in accordance with section 34D of the Act, in relation to—
(i) any conviction as set out in sections 34D(1)(a)(i) or 34D(1)(a)(ii) of the Act,
(ii) the requisite technical knowledge or qualifications to carry out the activity,
(iii) the ability of the person to be in a position to meet any financial commitments to which the waste collection permit relates,
(iv) any waste collection permit revocation, other than where the permit was surrendered, or
(v) the terms of any requirement imposed on the applicant by order of a court under the Act,”,
(f) In article 7(1)(f) by the—
(i) substitution of “List of Waste” for “ Catalogue Code(s) and description(s) pursuant to Commission Decision 2001/118 of 16 January 2001”,
(ii) insertion of “and information on how the applicant will meet the requirements of conditions to be attached to a permit,” after the words “from time to time,”,
(g) In article 7(1)(m) by the substitution of “how the applicant will collect waste food” for “how the applicant will collect food waste”,
(h) By the substitution of the following paragraphs for articles 7(3)(a), 7(3)(b) and 7(3)(c):
“(a) where a notice was not published in accordance with article 6(1)(b), a copy of the page of the newspaper, or newspapers, in which the notice was published in accordance with article 6(1)(a),
(b) a statutory declaration, as set out in the second schedule, signed by—
(i) the applicant,
(ii) where the applicant is a partnership, each partner, or
(iii) where the applicant is a body corporate, each director,
(c) a copy of a current Tax Clearance Certificate issued to the applicant by the Revenue Commissioners, established under S.I. No. 2/1923, Revenue Commissioners Order, 1923,”,
(i) By the insertion of the following article after article 7:
“Contents of an application for the transfer of a waste collection permit
7A(1) An application for the transfer of a waste collection permit made in accordance with section 34B of the Act shall include-
(a) such submissions, plans, documents or other information to the nominated authority within the application as are necessary to support the application for the proposed transfer of the waste collection permit, and
(b) payment of the appropriate fee for an application for the transfer of a waste collection permit in accordance with article 8.”,
(j) By the substitution of the following article for article 8:
“Fees payable
8. (1) The applicant shall pay a fee to the nominated authority in respect of an application for a waste collection permit the amount indicated in column (2) of the third schedule subject to a maximum fee of €5,000.
(2) In the case of an application for a review of a waste collection permit, the fee payable shall not exceed the costs reasonably incurred by a nominated authority or other relevant local authority in deciding on the application for the review of a waste collection permit and shall not exceed the fee indicated in sub-article (1). The nominated authority shall publish an indicative schedule of fees for the review of a permit on its website.
(3) In the case of an application for the transfer of a waste collection permit under section 34B, the fee payable shall not exceed the costs reasonably incurred by a nominated authority or other relevant local authority in deciding on the application for the transfer of the waste collection permit, and shall not exceed the fee indicated in sub-article (1). The nominated authority shall publish an indicative schedule of fees for the transfer of a permit on its website.
(4) Notwithstanding the provisions of sub-articles (1), (2) and (3), the nominated authority shall have an absolute discretion to refund or waive all or part of the fee payable in respect of a particular application where the authority is satisfied that the payment in full of the fee would not be just and reasonable having regard to the limited scale or nature of the activity concerned, or where the charging of a full fee may act as a financial disincentive to individuals / companies who are operating on a small scale and are engaged in environmentally beneficial operations such as preparing waste for reuse, waste recovery or recycling.”,
(l) By the substitution of “15 working days” for “25 working days” in articles 11(3) and 27(1)(b)(ii),
(m) By the deletion of the following text after article 17(3)(c):
“A local authority may, if it considers it proper to do so in any particular case, regard a person as a fit and proper person for the purposes of this Part notwithstanding that that person or any other relevant person has been convicted of an offence under the Act, the Environmental Protection Agency Acts 1992 and 2003, the Local Government (Water Pollution) Acts 1977 and 1990 or the Air Pollution Act 1987 .”,
(n) by the substitution of the following articles for articles 19 and 20:
“
Conditions regarding the use of skips.
19. (1) A nominated authority shall attach to any waste collection permit that may be granted by it such conditions as it considers necessary relating to the use in a public place of skips and other such receptacles.
(2) For the purposes of sub-article (1), and notwithstanding the provisions of any bye-law made under section 72 of the Roads Act 1993 , conditions may include a requirement in relation to the-
(a) carrying of reflectors or lighting of such receptacles so that they are clearly visible during a period when vehicles are required to be lighted,
(b) siting and deposit of such receptacles on public roads, where the temporary set down of skips shall be for no more than three days,
(c) dimensions and other characteristics of such receptacles, including the use of skip covers as may be specified by the nominated authority,
(d) care and disposal of the contents of such receptacles,
(e) earliest practicable removal of such receptacles when full, and
(f) inclusion of specified waste collection permit information, such as the collection permit number and the name of issuing authority, in all promotional material.
(3) Without prejudice to the power of an authorised person to remove or reposition a skip under section 72 (7) of the Roads Act 1993 , it shall be an offence for a person other than—
(a) the permit holder which deposited a skip or other such receptacle, such as a skip bag, in a public place,
(b) an authorised person under section 72 of the Roads Act 1993 , or
(c) an authorised person under the Act,
to empty or remove that skip or other such receptacle, such as a skip bag, without the prior agreement of the permit holder or the relevant local authority.
Other conditions to be attached to waste collection permits.
20. (1) The nominated authority shall attach to each waste collection permit that may be granted by it such conditions as are in the reasonable opinion of the nominated authority, necessary to—
(a) give effect to the objectives of the relevant waste management plans or the National Hazardous Waste Management Plan as the case may be, and which are stated to be necessary by a local authority or the Agency in accordance with articles 11(4), 13(5) or 27(1),
(b) to give effect to the segregation, separation, storage and collection of waste food in accordance with the Waste Management (Food Waste) Regulations 2009 as amended, and food waste, and as the case may be, bio-waste, in accordance with the European Union (Household Food Waste and Bio-Waste) Regulations 2015,
(c)(i) ensure that the best overall environmental outcome is achieved through waste prevention and management activities in accordance with the waste hierarchy and section 21A of the Act, and
(ii) enable waste management decisions to be substantiated and justified so as to demonstrate to the nominated authority and relevant local authority that waste is being managed in accordance with the waste hierarchy and section 21A of the Act.
(2) Notwithstanding the provisions of sub-article (1), the nominated authority shall attach to each waste collection permit granted by it conditions requiring the permit holder to—
(a) ensure that waste collected under the waste collection permit is transferred to a facility that is authorised for the purposes of recovery or disposal under or in accordance with the Act or the Act of 1992, and is in compliance with any regulations made to give effect to any of the Community Acts specified in the fourth schedule,
(b) ensure where bio-waste collected under the waste collection permit is transferred for the purposes of treatment and where animal by-products form all or part of that waste, that the facility has been approved in writing by the nominated authority for use by the permit holder and that there is in force an appropriate authorisation issued in accordance with Regulation 1069/2009, including any replacement or amendment to that Regulation, and that the transfer is in compliance with any national legislation that facilitates the objectives of that Regulation,
(c) notify the authority in relation to-
(i) any conviction for an offence or court order prescribed under article 21 within 5 working days of such conviction or the imposition of such a requirement,
(ii) any other information which may give rise to a permit holder not being considered a fit and proper person under section 34D of the Act within 5 working days of such information being available,
(d) compile and maintain specified records, for a period of not less than 7 years, relating to the—
(i) types and quantities of waste dealt with in the course of business (including List of Waste code(s) and description(s)),
(ii) origin and destination of such waste,
(iii) treatment, recovery or disposal activities to which the waste is subject (including the compilation of documentation and other records relating to each for all consignments), and, where appropriate,
(iv) person by whom such waste is collected including name, address and waste collection permit number,
(e) furnish to the nominated authority, in accordance with any specified requirements relating to a date or interval of submission and the required form of—
(i) information, which may be may be made available by the nominated authority to authorised officers, on the nature and quantities of waste collected by the permit holder, waste delivered to individual recovery or disposal facilities or otherwise transferred to other persons for the purpose of recovery or disposal,
(ii) a copy of a current Tax Clearance Certificate issued to the permit holder by the Revenue Commissioners, established under S.I. No. 2/1923, Revenue Commissioners Order, 1923,
(iii) such other relevant information, which may be may be made available by the nominated authority to authorised officers, as may be reasonably required by the nominated authority to enable waste management decisions to be substantiated and justified so as to demonstrate to the nominated authority and relevant local authority that waste is being managed in accordance with the waste hierarchy and section 21A of the Act, that the applicant is a fit and proper person and that the conditions attached to the permit are being adhered to,
(f) ensure that—
(i) all, or a specified proportion, of waste collected by the permit holder, including any List of Waste type(s), is source-segregated, treated, recovered, or otherwise disposed of, in such manner as may be specified,
(ii) waste is—
(I) where practicable and having regard to the waste hierarchy and section 21A of the Act, delivered to facilities where the preparation for reuse, recycling or recovery of the waste takes place,
(II) presented, collected, handled and transported in a form which enables any facility to which the waste is delivered to comply with any specific conditions contained in, as the case may be, the waste licence, the waste facility permit or certificate of registration issued under the Act or a licence issued under Part IV of the Act of 1992, in relation to any performance targets or other limits or restrictions which have been established for the purpose of ensuring or encouraging the recycling or recovery of waste,
(iii) waste which has been segregated by the waste producer is not sent for disposal or is not collected, transported, mixed or otherwise handled in a manner that so as to make it unsuitable for recycling or recovery,
(g) In the case of household kerbside waste collection, ensure that the following actions are taken—
(i) with the exception of glass collected separately or household kerbside waste collected on off-shore islands, in accordance with section 34(7)(b) of the Act, excluding subparagraph (v) of that section—
(I) weigh each and every collection of household kerbside waste collected separately in approved receptacles designed for reuse, and for the avoidance of doubt, approved receptacles designed for reuse do not include bags,
(II) report in writing or make available through electronic means, the weight described at (I) to the person who presented the waste for collection at a frequency of not less than once every month,
(III) use an automatic weighing instrument that complies with the Metrology Act, 1996 , (No. 27 of 1996) and any ensuing regulations to weigh household kerbside waste in accordance with (I) and where the automatic weighing instrument is an automatic catchweigher it must be of accuracy Class Y(b) or better,
(IV) use an automatic weighing instrument referred to in (III) capable of determining the weight of a household kerbside waste collected in accordance with (I) to 1 kilogramme (kg) or better when weighing approved receptacles designed for reuse with a volume of 360 litres or less and to 5 kilogrammes [kg] or better when weighing approved receptacles designed for reuse with a volume of greater than 360 litres,
(V) only use vehicles which have been fitted with a weighing system which is in accordance with (III) and (IV) to collect household kerbside waste collected separately in approved receptacles designed for reuse, and for the avoidance of doubt, approved receptacles designed for reuse do not include bags,
(VI) prepare a customer charter for household kerbside waste collection in the form set out in the sixth schedule, or a form substantially to the like effect, to the satisfaction of the nominated authority, to facilitate publication on the website of the nominated authority, and any amendments or updates to the customer charter to be submitted to the nominated authority without delay to facilitate publication of the revised charter on the website, once the nominated authority has been satisfied,
(VII) provide for the collection of at least the recyclable waste materials listed in the seventh schedule as part of the segregated collection arrangements provided in accordance with (VIII) for household kerbside waste collection.
(VIII) provide that the collection of recyclable household kerbside waste shall occur at least once every fortnight,
(IX) provide that the frequency of collection of food waste and, as the case may be, bio-waste shall occur in accordance with the European Union (Household Food Waste and Bio-waste) Regulations 2015, including any amendment to these Regulations as may be made from time to time,
(X) provide that only the permit holder which owns a reuseable receptacle provided to the householder for use is authorised to empty or remove that receptacle, unless the prior agreement of the said permit holder or the relevant local authority is obtained.
(ii) on and after 1 July, 2016, with the exception of glass collected separately, household kerbside waste collected on off-shore islands, or household kerbside waste collected in receptacles which are not designed for reuse in specific areas designated by a local authority under article 20(2)(g)(iv), in accordance with section 34(7)(b) of the Act, excluding subparagraph (v) of that section—
(I) charge a fee for each kilogramme of waste collected or transported in accordance with section 34(7)(f)(i) and (ii) of the Act,
(II) ensure that any fee resulting from the fee charged in accordance with (I) will not be subject to banding of more than 1 kilogramme for household kerbside waste collected in approved receptacles designed for reuse with a volume of 360 litres or less, not be subject to banding of more than 5 kilogrammes [kg] for household kerbside waste collected in approved receptacles designed for reuse with a volume of greater than 360 litres and will not be subject to an excess or penalty fee for excessive weight,
(III) ensure that the weight-based charge element of the waste collection fees charged to households to collect residual household kerbside waste, food waste and, as the case may be, bio-waste, and recyclable household kerbside waste are not less than those per kilogramme fees specified by the Minister in the eighth schedule in accordance with section 34(7)(g) of the Act,
(IV) ensure that the automatic weighing instrument used to determine any weight-based collection charge is in accordance with the technical requirements set out in articles 20(2)(g)(i)(III) and (IV),
(V) ensure that any service charge to a householder will not be reduced on the basis that a householder chooses not to have a food waste and, as the case may be, bio-waste receptacle collected by an authorised waste collector in accordance with the European Union (Household Food Waste and Bio-waste) Regulations 2015,
(VI) report in writing or make available through electronic means, the weight of and fee charged to collect and transport each and every separate collection of waste and the registration number of each vehicle used to collect and transport each and every separate collection of waste, to the person who presented the waste for collection, at a frequency of not less than once every month,
(VIII) ensure that the household kerbside waste collector, when requested to do so by a householder, will provide the vehicle registration details of the vehicle used to make a specific collection for which the householder has been charged,
(IX) ensure that where a collector intends to impose any penalty on a household for non-compliance with the terms of the contract for collecting household kerbside waste, including non-compliance by the householder with regard to properly segregating waste or overloading receptacles, that any such penalty be clearly communicated to the customer, including through the customer charter,
(X) ensure that the collector will, when requested to do so, provide details of the collection service to the nominated authority and local authority as set out in section 34(7)(b)(ix) of the Act,
(iii) ensure that the fees charged to collect household kerbside waste in the reasonable opinion and to the satisfaction of the nominated authority respect the polluter pays principle and encourage the segregation of such waste and discourage such waste from being mixed with residual household kerbside waste by the householder in accordance with the waste hierarchy and section 21A of the Act,
(iv) ensure that from 1 July, 2016 household kerbside waste is only collected in approved receptacles which are designed for reuse, with the exception of the collection of such waste in specific areas designated by a local authority as being only suitable for the collection of such waste in non-reusable receptacles such as bags,
(v) ensure, where a household kerbside waste collection vehicle is configured to collect different fractions of household kerbside waste simultaneously, that the existence of this facility is clearly displayed on the vehicle,
(vi) ensure that household kerbside waste only be collected on or after 1 July, 2016—
(I) between the hours of 6am and 10pm in areas where a 60 kilometre per hour or lower speed limit applies, or an extended timeframe if agreed between the nominated authority and the local authority in which the collection activities will take place, or
(II) at any time, in areas where an 80 kilometre per hour or higher speed limit applies,
Where (I) and (II) are subject to the authorised collector making reasonable efforts to the satisfaction of the nominated authority and the relevant local authority to reduce noise and nuisance, where the consideration of such reasonable efforts may be informed by complaints received by the local authority from householders regarding noise or nuisance,
(vii) notwithstanding (vi), where glass is being collected as a separate fraction of household kerbside waste, ensure that such collection shall be between the hours of 7am and 10pm Monday to Friday inclusive but excluding public holidays, between the hours of 8am and 10pm on Saturdays and between the hours of 10am and 6pm on Sundays and public holidays, unless the permit holder can demonstrate to the satisfaction of the nominated authority and the relevant local authority that noise reduction measures for such collections are sufficient to allow such collections occur within the hours specified in (vi), where the consideration of such reasonable efforts may be informed by complaints received by the local authority from householders regarding noise or nuisance,
(h) ensure, in relation to the collection of household kerbside waste, the deployment of a programme of communication, including the provision of educational literature, as agreed with the nominated authority to persons who present household waste for collection. That programme may include related protocols and procedures in respect of any contamination detected by the collector, charges applicable for the collection of different fractions of waste, waste prevention, waste segregation, the presentation of waste and other related matters,
(i) provide, where the nominated authority considers it necessary, appropriate receptacles of a type, form, colour, size, capacity or other specification as may be required by that authority for the collection of waste or fractions of waste as specified by the nominated authority,
(j) obtain the written consent of the nominated authority in advance of specified details, including the type and identifying mark of any collection vehicle owned, hired or otherwise used for the collection of waste under the terms of the permit, and provide any required statutory documentation, including a copy of the relevant vehicle registration document,
(k) in accordance with section 34(7)(d) of the Act—
(i) only collect List of Waste type(s) specified on the waste collection permit;
(ii) only deposit waste at a facility specified on the waste collection permit;
(iii) only use a vehicle specified on the waste collection permit for the collection of waste;
(iv) carry a copy, in a form specified in the permit, of the waste collection permit on each vehicle;
(v) display, if so required to do so by the nominated authority on the waste collection permit, the permit holder name or number, or both if so specified by the nominated authority, on promotional material, vehicles, skips, skip bags, receptacles or bags of the permit holder used for waste collection to be visibly, legibly and indelibly identified in such manner and format as may be specified by the nominated authority on the waste collection permit;
(vi) submit specified information on a periodic basis to the local authority in such form and at such frequency as may be specified on the waste collection permit;
(vii) arrange at least once every year, where an automatic weighing instrument is used to determine weight based-collection charges, for the verification of the automatic weighing instrument in accordance with the Metrology Act 1996 (No 27 of 1996) and ensuing regulations, and submit the confirmation of verification in such a form as may be specified on the waste collection permit.
(l) ensure the implementation and maintenance of an environmental management system as agreed with the nominated authority, including a customer complaint management system, and the submission of the documented procedures to the nominated authority for its approval at intervals as may be specified, and
(m) ensure, where in the reasonable opinion of the nominated authority it is necessary, that staff of the permit holder undertake relevant training or attain relevant qualifications.
(3) Notwithstanding section 34(7) of the Act, article 19 and sub-articles (1) and (2), the nominated authority may attach to each collection permit that may be granted by it any other conditions-
(a) as are, in the opinion of that authority, necessary and reasonable to ensure the proper enforcement of the permit,
(b) relating to existing or proposed measures, including emergency procedures, to prevent unauthorised or unexpected emissions and to minimise the impact on the environment of any such emissions,
(c) to encourage the sound environmental management of waste including waste prevention, reuse, preparation for reuse, recycling and recovery,
(d) conditions requiring the making of payments by the permit holder to the local authority or the nominated authority to defray such costs as may reasonably be incurred by the authority, other than required under article 8 in accordance with the third schedule and which costs shall not exceed the actual expenditure reasonably incurred by the authority in inspecting, monitoring, auditing, enforcing or otherwise performing any functions in relation to the activity,
(e) requiring each vehicle to be fitted with electronic tracking technology to facilitate a local authority in monitoring compliance with the waste collection permit conditions.
(o) By the substitution of “section 34A” for “section 34(6)” in articles 23(1A)(a), 23(2), 24(3), 28(9) and 29(2);
(p) By the substitution of “before the expiry date of an existing waste collection permit” for “no later than 60 working days before the expiry of an existing waste collection permit” in article 24(1);
(q) By the substitution of the following sub-paragraph for article 25(1)(b)(i):
“(i) require the applicant to insert a public notice in either—
(I) a national newspaper, or in newspapers circulating in the area in which the waste collection activities will take place, that an application for a review of the existing waste collection permit has been sent to the nominated authority, or
(II) on the website of the nominated authority with the agreement of and in such format as may be specified by the nominated authority.”,
(r) By the deletion of the following text after article 28(6)(c):
“A local authority may, if it considers it proper to do so in any particular case, regard a person as a fit and proper person for the purposes of this Part notwithstanding that that person or any other relevant person has been convicted of an offence under the Act, the Environmental Protection Agency Acts 1992 and 2003, the Local Government (Water Pollution) Acts 1977 and 1990 or the Air Pollution Act 1987 .”,
(s) By the deletion of the text “at least 60 working days” in article 28(7),
(t) By inserting the following article after article 37:
“Form of a fixed payment notice
38. The form set out in the ninth schedule is prescribed, for the purposes of section 10B(1) of the Act, as the form of a fixed payment notice.
(u) By the substitution of the following for the second and third schedules:
“SECOND SCHEDULE
Article 7.
Statutory Declaration
I declare that the information given in the application by
for the purpose of obtaining a waste collection permit is correct, and that no information which is required to be included in the said application has been omitted.
I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act 1938 .
I authorise [name of nominated authority to which application is being made] to make any enquiries from official sources as it may consider necessary for the purpose of determining this application and, pursuant to section 8 of the Data Protection Act 1988 , I consent to the disclosure of details of convictions for relevant offences specified under article 21 of the Waste Management (Collection Permit) Regulations 2007.
Signature(s):
Name (block capitals)
……………………………………………………
……………………………………………………
……………………………………………………
……………………………………………………
……………………………………………………
……………………………………………………
……………………………………………………
……………………………………………………
……………………………………………………
……………………………………………………
……………………………………………………
……………………………………………………
Declared before me at ………………………………………………….. this …….. day of ………………………………., 20………………… #
# To be completed by a Solicitor/Commissioner of Oaths/Notary Public/Peace Commissioner/Garda Síochána.
Signature of Witness
Occupation ……………………………………………………………………………………………………….
Date ……………………………………
WARNING Any person who gives false or misleading information for the purpose of obtaining a waste collection permit renders themselves liable to severe penalties.
THIRD SCHEDULE
Article 8.
FEES PAYABLE IN RELATION TO A SINGLE APPLICATION FOR A WASTE COLLECTION PERMIT
Fee payable
Single Local Authority Area
€1,000
Connacht — Ulster Region2
€2,000
Eastern & Midlands Region3
€2,000
Southern Region4
€2,000
All Regions
€5,000
”,
(w) After the seventh schedule, by the insertion of the following two schedules:
“EIGHTH SCHEDULE
Article 20.
Minimum fees to be charged per kilogramme to collect residual household kerbside waste, food waste and, as the case may be, bio-waste, and recyclable household kerbside waste.
The below costs have been established through an independent study commissioned by the Minister and have been prescribed based on the approximate cost of managing the waste from the point after it is first deposited at an authorised facility to its final treatment5 .
The below rates are Value Added Tax (V.A.T.) inclusive and have been prescribed by the Minister in accordance with section 34(7)(g) of the Act. The below rates do not apply to the separate collection of glass from households,to household kerbside waste collected on off-shore islands or household kerbside waste collected in receptacles which are not designed for reuse in specific areas designated by a local authority under article 20(2)(g)(iv).
Residual household kerbside waste:
11 cent per kilogramme
Food waste and, as the case may be, bio-waste:
6 cent per kilogramme
Recyclable household kerbside waste:
2 cent per kilogramme
NINTH SCHEDULE
Article 38
FORM OF A FIXED PAYMENT NOTICE FOR THE PURPOSE OF SECTION 10B(1) OF THE WASTE MANAGEMENT ACT 1996
NAME OF LOCAL AUTHORITY: …………..
Name of Company: …………..
Address: …………..
…………..
Vehicle Registration (where relevant): …………..
It is alleged that you have contravened conditions attached under section 34 (7)(d) of the Waste Management Act 1996 to waste collection permit No ………………… (in general terms specify the nature of the contravention) at ………………………………………….. on ……………………………………………..
During this period of 21 days beginning on the date of this notice you may pay the sum of €500, accompanied by this notice, at the offices of the local authority named in this notice located at ……………………….
You are not obliged to make the payment specified in this notice.
A prosecution in respect of the offence of contravening conditions attached under section 34 (7)(d) of the Waste Management Act 1996 as specified above will not be instituted during the period of 21 days beginning on the date of this notice and, if the payment of €500 specified in this notice is made during that period, no prosecution in respect of that offence will be instituted.
Signed ………………………………………………..
(Authorised Person)
Date …
IMPORTANT: Payment will be accepted at the offices of the local authority specified above and must be accompanied by this notice. Payment may be made by post. A receipt will be given. You are entitled to disregard this notice and defend the prosecution of the alleged contravention in Court.”
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Given under the Official Seal of the Minister for the Environment, Community and Local Government,
16 January 2016.
ALAN KELLY,
Minister for the Environment, Community and Local Government.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation).
These Regulations amend the Waste Management (Collection Permit) Regulations 2007 to give effect to national waste policy regarding the regulation of the collection of household waste. Primarily, the regulations provide for the introduction of pay by weight charging for the collection of household waste from 1 July, 2016.
1 O.J. No. L300, 14.11.2009, p.1.
2 The Connacht Ulster region consists of the administrative areas of Cavan, Donegal, Galway, Leitrim, Mayo, Monaghan, Roscommon, and Sligo County Councils and Galway City Council.
3 The Eastern & Midlands Region consists of the administrative areas of Dun Laoghaire-Rathdown, Fingal, Longford, Westmeath, Kildare, Offaly, Louth, Laois, Meath, Wicklow and South Dublin County Councils and Dublin City Council.
4 The Southern Region consists of the administrative areas of Carlow, Cork, Clare, Kerry, Kilkenny, Tipperary and Wexford County Councils, Limerick City and County Council, Waterford City and County Council and Cork City Council.”,
5 The definition of “collection” under the Act and the Waste Framework Directive 2008/98/EC, includes the preliminary storage of waste, which is understood as a storage activity pending its collection in facilities where waste is unloaded in order to permit its preparation for further transport for recovery or disposal elsewhere. It is from this first unloading point, including any sorting, bulking, onward transport costs, to final treatment that the minimum cost has been calculated.
S.I. No. 346/2016 –
Waste Management (Collection Permit) (Amendment) (No. 2) Regulations 2016.
I, SIMON COVENEY, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by sections 7, 18, 19, and 34 of the Waste Management Act 1996 (No. 10 of 1996), hereby make the following Regulations:
Citation
1. These Regulations may be cited as the Waste Management (Collection Permit) (Amendment)(No.2) Regulations 2016.
Amendment to the Waste Management (Collection Permit) Regulations 2007
2. The Waste Management (Collection Permit) Regulations 2007 (S.I. 820 of 2007) are amended—
(a) in article 7(1)(i) by deleting “confirmation that the fee per kilogramme to be charged to collect residual household kerbside waste, food waste and, as the case may be, bio-waste, and recyclable household kerbside waste is not less than the fees prescribed in the eighth schedule,”,
(b) in article 7(1)(i) by substituting “provide details of the collection service, including, where applicable, details to demonstrate that the collector will be in a position to meet requirements of conditions attached under article 20(2)(g)(ii)(II), including details of the collection of separate classes of household waste, persons who choose not to partake in the collection of separate classes of household waste, when household waste was last collected, and where applicable, the electronic data management system to be used,” for “provide details of the collection service as set out in section 34(7)(b)(ix) of the Act”,
(c) by subtituting the following for article 20(2)(g)(ii)—
“(ii) on and after 1 July, 2016, with the exception of glass collected separately, household kerbside waste collected on off-shore islands, or household kerbside waste collected in receptacles which are not designed for reuse in specific areas designated by a local authority under article 20(2)(g)(iv), in accordance with section 34(7)(b) of the Act, excluding subparagraph (v) of that section—
(I) notwithstanding the provisions of any bye-laws adopted by the relevant local authority for the collection of household waste, ensure that where a collector intends to impose any penalty on a household for non-compliance with the terms of the contract for collecting household kerbside waste, including non-compliance by the householder with regard to properly segregating waste or overloading receptacles, that any such penalty be clearly communicated to the customer, including through the customer charter,
(II) ensure that the collector will, when requested to do so, provide to a local authority, details of the collection service, including details of the collection of separate classes of household waste, details of persons who choose not to partake in the collection of separate classes of household waste, and details of when household waste was last collected, and
(III) report in writing or make available through electronic means, the weight of each and every separate collection of waste and the registration number of each vehicle used to collect and transport each and every separate collection of waste, to the person who presented the waste for collection, at a frequency of not less than once every month,”,
(d) by deleting article 20(2)(k)(vii), and
(e) by deleting the eighth schedule to the regulations.
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GIVEN under the Official Seal of the Minister for the Environment, Community and Local Government,
30 June 2016.
SIMON COVENEY,
Minister for the Environment, Community and Local Government.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation).
These Regulations amend the Waste Management (Collection Permit) Regu-lations 2007 to remove the requirement on a collector of household waste to charge on a pay by weight per kilogramme basis and other associated requirements for collecting household kerbside waste.
S.I. No. 250/2019 –
Waste Management (Facility Permit And Registration) (Amendment) Regulations 2019
“Iris Oifigiúil” of 11th June, 2019.
I, RICHARD BRUTON, Minister for Communications, Climate Action and Environment, in exercise of the powers conferred on me by sections 7 and 39 of the Waste Management Act 1996 (No. 10 of 1996), hereby make the following regulations:
Citation and commencement
1. (1) These regulations may be cited as the Waste Management (Facility Permit and Registration) (Amendment) Regulations 2019.
(2) These Regulations shall come into operation three months after the date on which notice of their making is published in Iris Oifigiúl.
Interpretation
2. In these Regulations —
“Regulations of 2007” means the Waste Management (Facility Permit and Registration) Regulations 2007 ( S.I. No.821 of 2007 ) as amended.
Amendments
3. The Regulations of 2007 are amended –
(a) in article 31 by inserting after sub-article (1) the following –
“1 (A) (a) Notwithstanding sub-article (1), a proposal to increase the total quantity of waste recovered at a facility to more than 100,000 tonnes and less than 200,000 tonnes in the case of a Class 5 activity as specified in Part 1 of the Third Schedule warrants an application for a waste facility permit in accordance with articles 7, 8, 9 and 10, as opposed to an application for a review of an existing waste facility permit.
(b) If a local authority receives an application for a review which includes a proposal to increase the total quantity of waste recovered at a facility to more than 100,000 tonnes and less than 200,000 tonnes in the case of a Class 5 activity as specified in Part 1 of the Third Schedule it shall inform the applicant within 15 working days from the date of receipt of such an application for a review –
(i) of a failure to comply with sub-article (1A) and advise that the application is invalid and cannot be considered further by the local authority, and
(ii) that the proposal to increase the total quantity of waste recovered at a facility to more than 100,000 tonnes and less than 200,000 tonnes in the case of a Class 5 activity as specified in Part 1 of the Third Schedule warrants an application for a waste facility permit in accordance with articles 7, 8, 9 and 10.”
and
(b) in the Third Schedule Part 1 by substituting for the matter set out at reference CLASS No. 5 the following –
“
5.
Recovery of excavation or dredge spoil, comprising natural materials of clay, silt, sand, gravel or stone and which comes within the meaning of inert waste, through deposition for the purposes of the improvement or development of land, where the total quantity of waste recovered at the facility is less than 200,000 tonnes.
”.
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GIVEN under my Official Seal,
30 May 2019.
RICHARD BRUTON
Minister for Communications, Climate Action and Environment.
EXPLANATORY NOTE
(This note is not part of the instrument and does not purport to be a legal interpretation).
These regulations amend the Waste Management (Facility Permit and Registration) Regulations 2007 (No.821 of 2007) to increase the total maximum quantity of waste which may be recovered at a Class 5 activity facility as specified in Part 1 of the Third Schedule from less than 100,000 tonnes to less than 200,000 tonnes on foot of a successful application for a waste facility permit.
S.I. No. 63/2023 –
Waste Management (Collection Permit) (Amendment) Regulations 2023
I, EAMON RYAN, Minister for the Environment, Climate and Communications in exercise of the powers conferred on me by sections 7 , 15 , 18 , 34 , 34 B, 36 and 50 of the Waste Management Act 1996 (No. 10 of 1996) (as adapted by the Communications, Climate Action and Environment (Alteration of Name of Department and Title of Minister) Order 2020 ( S.I. No. 373 of 2020 )), hereby make the following regulations:
Citation
1. These Regulations may be cited as the Waste Management (Collection Permit) (Amendment) Regulations 2023.
Definition
2. In these Regulations, “Principal Regulations” means the Waste Management (Collection Permit) Regulations 2007 ( S.I. No. 820 of 2007 );
Amendment of article 2 of Principal Regulations
3. Article 2 of the Principal Regulations is amended by inserting the following paragraph after paragraph (3):
“(4) Nothing in the amendments made to these Regulations by the Waste Management (Collection Permit) (Amendment) Regulations 2023 shall operate to limit the requirement on operators of commercial premises to manage food waste, arising at their premises, under the Waste Management (Food Waste) Regulations 2009 ( S.I. No. 508 of 2009 ).”.
Amendment of article 4 of Principal Regulations
4. Article 4(2) (amended by Regulation 2(a) of the Waste Management (Collection Permit) (Amendment) Regulations 2016 ( S.I. No 24 of 2016 )) of the Principal Regulations is amended—
(a) by inserting the following definitions:
“ ‘commercial kerbside waste’ means that fraction of commercial waste presented for collection from a commercial premises and collected by an authorised waste collector and excludes waste water, construction and demolition waste and bulky waste more suitable for collection in a skip or other such receptacle (which includes but is not limited to heavy waste materials such as furniture, carpets and rubble), as well as commercial hazardous waste and other streams of commercial waste which are required to be collected in another appropriate manner, such as, but not limited to, specified waste packaging, WEEE and waste batteries and accumulators;
‘recyclable commercial kerbside waste’ means the fraction of commercial kerbside waste comprising recyclable commercial waste including the materials that are permitted to be placed in the mixed dry recyclable bin as specified on the website located at http://www.mywaste.ie;
‘residual commercial kerbside waste’ means the fraction of commercial kerbside waste remaining after the source separation of the commercial kerbside waste fractions of recyclable commercial kerbside waste including—
(a) the materials that are permitted to be placed in the mixed dry recyclable bin as specified on the website located at http://www.mywaste.ie,
(b) food waste, and,
(c) as the case may be, bio-waste;
‘specified packaging waste’ means waste aluminium, fibreboard, glass, paper, plastic sheeting, steel and wood;”
‘website’ means an internet website (including part of such a website) —
(a) to which access is readily available by members of the public, and
(b) where anything published is readily available for inspection by members of the public;”,
(b) in the definition of food waste, by substituting “household or commercial waste” for “household waste”, and
(c) in the definitions of recyclable household kerbside waste and residual household kerbside waste by substituting “the website located at http://www.mywaste.ie” for “the seventh schedule”.
Amendment of article 7(1) of Principal Regulations
5. Article 7(1) (amended by Regulation 2 of the Waste Management (Collection Permit) (Amendment) (No. 2) Regulations 2016 ( S.I. No. 346 of 2016 )) of the Principal Regulations is amended by substituting the following subparagraph for subparagraph (i):
“(i) (I) in the case of household kerbside waste collection, a copy of the customer charter in the form set out in the sixth schedule, or a form substantially to the like effect, information on how the applicant will meet the requirements of conditions to be attached to a permit to collect household kerbside waste under article 20, including the frequency of collection for residual household kerbside waste, food waste and, as the case may be, bio-waste and recyclable household kerbside waste, the method of charging for the collection of waste, details on the provision of segregated collection for dry recyclables and for food waste and, as the case may be, bio-waste, details of how the collector will, if and when requested to do so by an authorised person in accordance with section 34C of the Act, provide details of the collection service, including, where applicable, details to demonstrate that the collector will be in a position to meet requirements of conditions attached under article 20(2)(g)(ii)(II), including details of the collection of separate classes of household waste, persons who choose not to partake in the collection of separate classes of household waste, when household waste was last collected, and where applicable, the electronic data management system to be used, and
(II) in the case of commercial kerbside waste collection, a copy of the customer charter in the form set out in the sixth schedule, or a form substantially to the like effect, information on how the applicant will meet the requirements of conditions to be attached to a permit to collect commercial kerbside waste under article 20, including the frequency of collection for residual commercial kerbside waste, food waste and, as the case may be, bio-waste and recyclable commercial kerbside waste, the method of charging for the collection of waste, details on the provision of segregated collection for dry recyclables and for food waste and, as the case may be, bio-waste, details of how the collector will, if and when requested to do so by an authorised person in accordance with section 34C of the Act, provide details of the collection service, including, where applicable, details to demonstrate that the collector will be in a position to meet requirements of conditions attached under article 20(2)(n)(ii)(II), including details of the collection of separate classes of commercial waste, persons who choose not to partake in the collection of separate classes of commercial waste, when commercial waste was last collected, and where applicable, the electronic data management system to be used,”.
Amendment of article 20 of Principal Regulations
6. Article 20 (amended by Regulation 2 of the Waste Management (Collection Permit) (Amendment) (No. 2) Regulations 2016 ( S.I. No 346 of 2016 )) of the Principal Regulations is amended in paragraph (2)—
(a) in subparagraph (g)—
(i) in clause (i)—
(I) in subclause (VI), by substituting “prepare, and publish on its website, a customer charter for household and commercial kerbside waste collection” for “prepare a customer charter for household kerbside waste collection”, and
(II) by substituting the following subclause for subclause (VII):
“(VII) provide for the collection of at least the recyclable waste materials permitted to be placed in a mixed dry receptacle as specified on the website located at http://www.mywaste.ie as part of the segregated collection arrangements provided in accordance with subclause (VIII) for household kerbside waste collection,”, and
(ii) by substituting the following clause for clause (iv):
“(iv) ensure that from 1 July 2023 household kerbside waste is only collected in approved receptacles which are designed for reuse, with the exception of the collection of such waste by atypical collection solutions, such as non-reusable receptacles or bags, in specific areas designated by a local authority as being only suitable for the collection of such waste by atypical collection solutions,”,
(b) in subparagraph (h), by substituting “collection of household or commercial kerbside waste” for “collection of household kerbside waste”,
(c) in subparagraph (l), by substituting “specified,” for “specified, and”,
(d) in subparagraph (m), by substituting “qualifications, and” for “qualifications.”, and
(e) by inserting the following subparagraph after subparagraph (m):
“(n) in the case of commercial kerbside waste collection, ensure that the following actions are taken:
(i) with the exception of glass collected separately or commercial kerbside waste collected on off-shore islands, in accordance with section 34(7)(b) of the Act—
(I) weigh each and every collection of commercial kerbside waste collected separately in approved receptacles designed for reuse, and for the avoidance of doubt, approved receptacles designed for reuse do not include bags,
(II) (A) report in writing, or
(B) make available through electronic means,
the weight described at subclause (I) to the person who presented the waste for collection at a frequency of not less than once every month,
(III) use an automatic weighing instrument that complies with the Metrology Act 1996 (No. 27 of 1996) and any ensuing regulations to weigh commercial kerbside waste in accordance with subclause (I) and where the automatic weighing instrument is an automatic catchweigher it must be of accuracy Class Y(b) or better,
(iV) use an automatic weighing instrument referred to in subclause (III) capable of determining the weight of a commercial kerbside waste collected in accordance with subclause (I) to 1 kilogramme (kg) or better when weighing approved receptacles designed for reuse with a volume of 360 litres or less and to 5 kilogrammes [kg] or better when weighing approved receptacles designed for reuse with a volume of greater than 360 litres,
(V) only use vehicles which have been fitted with a weighing system which is in accordance with subclauses (III) and (IV) to collect commercial kerbside waste collected separately in approved receptacles designed for reuse, and for the avoidance of doubt, approved receptacles designed for reuse do not include bags,
(VI) prepare, and publish on its website, a customer charter for household and commercial kerbside waste collection in the form set out in the sixth schedule, or a form substantially to the like effect, to the satisfaction of the nominated authority, to facilitate publication on the website of the nominated authority, and any amendments or updates to the customer charter to be submitted to the nominated authority without delay to facilitate publication of the revised charter on the website, once the nominated authority has been satisfied,
(VII) provide for the collection of at least the recyclable waste materials permitted to be placed in a mixed dry receptacle as specified on the website located at http://www.mywaste.ie as part of the segregated collection arrangements provided in accordance with subclause (VIII) for commercial kerbside waste collection,
(VIII) provide that the collection of recyclable commercial kerbside waste shall occur as frequently as may be determined by the nominated authority according to the necessity of collection of such waste but, in any case, at least once every fortnight,
(IX) provide that the frequency of collection of food waste and, as the case may be, bio-waste shall occur as frequently as may be determined by the nominated authority according to the necessity of collection of such waste but, in any case, at least once every fortnight, and
(X) provide that only the permit holder which owns a reusable receptacle provided to their customer for use is authorised to empty or remove that receptacle, unless the prior agreement of the said permit holder or the relevant local authority is obtained;
(ii) on and after 1 July 2023, with the exception of glass collected separately, commercial kerbside waste collected on off-shore islands, or commercial kerbside waste collected in receptacles which are not designed for reuse in specific areas designated by a local authority under article 20(2)(n)(iv), in accordance with section 34(7)(b) of the Act, excluding subparagraph (v) of that section—
(I) notwithstanding the provisions of any bye-laws adopted by the relevant local authority for the collection of commercial waste, ensure that where a collector intends to impose any penalty on a customer for non-compliance with the terms of the contract for collecting commercial kerbside waste, including non-compliance by the commercial customer with regard to properly segregating waste or overloading receptacles, that any such penalty be clearly communicated to the customer, including through the customer charter,
(II) ensure that the collector will, when requested to do so, provide to a local authority, details of the collection service, including details of the collection of separate classes of commercial waste, details of persons who choose not to partake in the collection of separate classes of commercial waste, and details of when commercial waste was last collected, and
(III) report in writing or make available through electronic means, the weight of each and every separate collection of waste and the registration number of each vehicle used to collect and transport each and every separate collection of waste, to the person who presented the waste for collection, at a frequency of not less than once every month;
(iii) ensure that the fees charged to collect commercial kerbside waste in the reasonable opinion and to the satisfaction of the nominated authority respect the polluter pays principle and encourage the segregation of such waste and discourage such waste from being mixed with residual commercial kerbside waste by the customer in accordance with the waste hierarchy and section 21A of the Act;
(iv) ensure that from 1 July 2023 commercial kerbside waste is only collected in approved receptacles which are designed for reuse, with the exception of the collection of such waste by atypical collection solutions, such as non-reusable receptacles or bags, in specific areas designated by a local authority as being only suitable for the collection of such waste by atypical collection solutions;
(v) ensure, where a commercial kerbside waste collection vehicle is configured to collect different fractions of commercial kerbside waste simultaneously, that the existence of this facility is clearly displayed on the vehicle;
(vi) ensure that commercial kerbside waste only be collected on or after 1 July, 2023—
(I) (A) during times,
(B) at particular locations, and
(C) with requirements for particular waste types,
as may be specified by the nominated authority following consultation with the local authority in which the collection activities will take place, and
(II) where the times specified under subclause (I) are subject to the authorised collector making reasonable efforts to the satisfaction of the nominated authority and the relevant local authority to reduce noise and nuisance, the consideration of such reasonable efforts by those authorities may be informed by complaints received by the local authority regarding noise or nuisance.,”.
Amendment of Sixth Schedule to Principal Regulations
7. The Sixth Schedule (amended by Regulation 2 of the Waste Management (Collection Permit) (Amendment) Regulations 2015 ( S.I. No. 197 of 2015 )) to the Principal Regulations is amended—
(a) by substituting the following heading for the heading of the schedule:
“CUSTOMER CHARTER FOR HOUSEHOLD AND COMMERCIAL WASTE COLLECTION”,
(b) in paragraph 1—
(i) by substituting “A Waste Action Plan for a Circular Economy” for “A Resource Opportunity – Waste Management Policy in Ireland”, and
(ii) by substituting “This document is designed to communicate how we intend to provide household and commercial waste collection services in accordance with these principles to the public in a clear and concise fashion.” for “This document is designed to communicate how we intend to provide household waste collection services in accordance with these principles to the public in a clear and concise fashion”,
(c) in paragraph 2(d), by substituting “customers” for “households”,
(d) by substituting the following subparagraph for subparagraph (i) of paragraph (2):
“(i) We will offer a segregated waste collection service to facilitate the segregation of residual waste, recyclables and where appropriate, food/bio waste. The frequency of collection will be as follows:
Residual Waste Bin— as frequently as may be determined by the relevant local authority according to the necessity of collection of such residual waste but at a minimum at least every fortnight;
Recyclable Waste Bin — as frequently as may be determined by the relevant local authority according to the necessity of collection of such recyclable waste but at a minimum at least every fortnight;
Food & Bio Waste Bin — as frequently as may be determined by the relevant local authority according to the necessity of collection of such food/bio waste but at a minimum at least every fortnight.”,
(e) in paragraph 4—
(i) by substituting the following heading for the heading of that paragraph:
“Customer Responsibilities”, and
(ii) in subparagraph (a) by substituting “Please refer to http://www.mywaste.ie for advice on how to manage your waste more sustainably and for information on how to properly segregate your waste for collection.” for “Please refer to our Waste Segregation and Presentation Guidelines (see section 7 below) which are available on our web site or which are available to send to you by post, if requested.”, and
(f) in paragraph 7—
(i) in subparagraph (a), by substituting “waste management for customers” for “waste management for householders”,
(ii) by substituting the following subparagraph for subparagraph (d):
“We will provide Waste Segregation and Presentation Guidelines to customers, or at a minimum to the National Waste Collection Permit Office for publishing on their website, which clearly explain which materials are to be placed in which bin and collect at a minimum the recycling materials set out in this subparagraph or on the website located on the internet at http://www.mywaste.ie. We will explain to you what happens to materials collected in the residual, recycle and food waste bins.”, and
(iii) by including an entry for “Soft Plastics” under the heading Plastic packaging (PP).
Revocation of Seventh Schedule to Principal Regulations
8. The Seventh Schedule (amended by Regulation 2 of the Waste Management (Collection Permit) (Amendment) Regulations 2015 ( S.I. No. 197 of 2015 )) to the Principal Regulations is revoked.
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GIVEN under my Official Seal,
14 February, 2023.
EAMON RYAN,
Minister for the Environment, Climate
and Communications.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These regulations amend the Waste Management (Collection Permit) Regulations 2007 to give effect to national waste policy regarding the regulation of the collection of household and commercial waste. In particular, the regulations provide for the introduction of incentivised charging for commercial customers, the provision of a biowaste, mixed dry recycling and residual waste bin to all waste collection customers in the commercial sector, to weigh each collection of commercial waste and report or make those weights available to the customer, the updating of the customer charter for households, the introduction of a customer charter for commercial customers and the inclusion of soft plastics on the list of recyclable material with the list now to be available on the website www.mywaste.ie.
S.I. No. 104/2023 –
Waste Management (Collection Permit) (Amendment) (No. 2) Regulations 2023
I, EAMON RYAN, Minister for the Environment, Climate and Communications in exercise of the powers conferred on me by sections 7 , 15 , 18 , 34 , 34 B, 36 and 50 of the Waste Management Act 1996 (No. 10 of 1996) (as adapted by the Communications, Climate Action and Environment (Alteration of Name of Department and Title of Minister) Order 2020 ( S.I. No. 373 of 2020 )), hereby make the following regulations:
Citation
1. These Regulations may be cited as the Waste Management (Collection Permit) (Amendment) (No. 2) Regulations 2023.
Definition
2. In these Regulations, “Principal Regulations” means the Waste Management (Collection Permit) Regulations 2007 ( S.I. No. 820 of 2007 ).
Amendment of article 2 of Principal Regulations
3. Article 2 of the Principal Regulations is amended by inserting the following paragraph after paragraph (3):
“(4) Nothing in the amendments made to these Regulations by the Waste Management (Collection Permit) (Amendment) Regulations 2023 ( S.I. No 63 of 2023 ) or the Waste Management (Collection Permit) (Amendment) (No. 2) Regulations 2023 shall operate to limit the requirement on operators of commercial premises to manage food waste, arising at their premises, under the Waste Management (Food Waste) Regulations 2009 ( S.I. No. 508 of 2009 ).”.
Amendment of article 4 of Principal Regulations
4. Article 4(2) of the Principal Regulations is amended—
(a) by inserting the following definitions:
“ ‘commercial kerbside waste’ means that fraction of commercial waste presented for collection from a commercial premises and collected by an authorised waste collector and excludes waste water, construction and demolition waste and bulky waste more suitable for collection in a skip or other such receptacle (which includes but is not limited to heavy waste materials such as furniture, carpets and rubble), as well as commercial hazardous waste and other streams of commercial waste which are required to be collected in another appropriate manner, such as, but not limited to, specified waste packaging, WEEE and waste batteries and accumulators;
‘recyclable commercial kerbside waste’ means the fraction of commercial kerbside waste comprising recyclable commercial waste including the materials that are permitted to be placed in the mixed dry recyclable bin as specified on the website located at http://www.mywaste.ie;
‘residual commercial kerbside waste’ means the fraction of commercial kerbside waste remaining after the source separation of the commercial kerbside waste fractions of recyclable commercial kerbside waste including—
(a) the materials that are permitted to be placed in the mixed dry recyclable bin as specified on the website located at http://www.mywaste.ie,
(b) food waste, and,
(c) as the case may be, bio-waste;
‘specified packaging waste’ means waste aluminium, fibreboard, glass, paper, plastic sheeting, steel and wood;”
‘website’ means an internet website (including part of such a website) —
(a) to which access is readily available by members of the public, and
(b) where anything published is readily available for inspection by members of the public;”,
(b) in the definition of food waste, by substituting “household or commercial waste” for “household waste”, and
(c) in the definitions of recyclable household kerbside waste and residual household kerbside waste by substituting “the website located at http://www.mywaste.ie” for “the seventh schedule”.
Amendment of article 7(1) of Principal Regulations
5. Article 7(1) of the Principal Regulations is amended by substituting the following subparagraph for subparagraph (i):
“(i) (I) in the case of household kerbside waste collection, a copy of the customer charter in the form set out in the sixth schedule, or a form substantially to the like effect, information on how the applicant will meet the requirements of conditions to be attached to a permit to collect household kerbside waste under article 20, including the frequency of collection for residual household kerbside waste, food waste and, as the case may be, bio-waste and recyclable household kerbside waste, the method of charging for the collection of waste, details on the provision of segregated collection for dry recyclables and for food waste and, as the case may be, bio-waste, details of how the collector will, if and when requested to do so by an authorised person in accordance with section 34C of the Act, provide details of the collection service, including, where applicable, details to demonstrate that the collector will be in a position to meet requirements of conditions attached under article 20(2)(g)(ii)(II), including details of the collection of separate classes of household waste, persons who choose not to partake in the collection of separate classes of household waste, when household waste was last collected, and where applicable, the electronic data management system to be used, and
(II) in the case of commercial kerbside waste collection, a copy of the customer charter in the form set out in the sixth schedule, or a form substantially to the like effect, information on how the applicant will meet the requirements of conditions to be attached to a permit to collect commercial kerbside waste under article 20, including the frequency of collection for residual commercial kerbside waste, food waste and, as the case may be, bio-waste and recyclable commercial kerbside waste, the method of charging for the collection of waste, details on the provision of segregated collection for dry recyclables and for food waste and, as the case may be, bio-waste, details of how the collector will, if and when requested to do so by an authorised person in accordance with section 34C of the Act, provide details of the collection service, including, where applicable, details to demonstrate that the collector will be in a position to meet requirements of conditions attached under article 20(2)(n)(ii)(II), including details of the collection of separate classes of commercial waste, persons who choose not to partake in the collection of separate classes of commercial waste, when commercial waste was last collected, and where applicable, the electronic data management system to be used,”.
Amendment of article 20 of Principal Regulations
6. Article 20 of the Principal Regulations is amended in paragraph (2)—
(a) in subparagraph (g)—
(i) in clause (i)—
(I) in subclause (VI), by substituting “prepare, and publish on its website, a customer charter for household and commercial kerbside waste collection” for “prepare a customer charter for household kerbside waste collection”, and
(II) by substituting the following subclause for subclause (VII):
“(VII) provide for the collection of at least the recyclable waste materials permitted to be placed in a mixed dry receptacle as specified on the website located at http://www.mywaste.ie as part of the segregated collection arrangements provided in accordance with subclause (VIII) for household kerbside waste collection,”, and
(ii) by substituting the following clause for clause (iv):
“(iv) ensure that from 1 July 2023 household kerbside waste is only collected in approved receptacles which are designed for reuse, with the exception of the collection of such waste by atypical collection solutions, such as non-reusable receptacles or bags, in specific areas designated by a local authority as being only suitable for the collection of such waste by atypical collection solutions,”,
(b) in subparagraph (h)—
(i) by substituting “collection of household or commercial kerbside waste” for “collection of household kerbside waste”, and
(ii) by substituting “present household or commercial waste” for “present household waste”,
(c) in subparagraph (l), by substituting “specified,” for “specified, and”,
(d) in subparagraph (m), by substituting “qualifications, and” for “qualifications.”, and
(e) by inserting the following subparagraph after subparagraph (m):
“(n) in the case of commercial kerbside waste collection, ensure that the following actions are taken:
(i) with the exception of glass collected separately or commercial kerbside waste collected on off-shore islands, in accordance with section 34(7)(b) of the Act—
(I) weigh each and every collection of commercial kerbside waste collected separately in approved receptacles designed for reuse, and for the avoidance of doubt, approved receptacles designed for reuse do not include bags,
(II) (A) report in writing, or
(B) make available through electronic means,
the weight described at subclause (I) to the person who presented the waste for collection at a frequency of not less than once every month,
(III) use an automatic weighing instrument that complies with the Metrology Act 1996 (No. 27 of 1996) and any ensuing regulations to weigh commercial kerbside waste in accordance with subclause (I) and where the automatic weighing instrument is an automatic catchweigher it must be of accuracy Class Y(b) or better,
(IV) use an automatic weighing instrument referred to in subclause (III) capable of determining the weight of a commercial kerbside waste collected in accordance with subclause (I) to 1 kilogramme (kg) or better when weighing approved receptacles designed for reuse with a volume of 360 litres or less and to 5 kilogrammes [kg] or better when weighing approved receptacles designed for reuse with a volume of greater than 360 litres,
(V) only use vehicles which have been fitted with a weighing system which is in accordance with subclauses (III) and (IV) to collect commercial kerbside waste collected separately in approved receptacles designed for reuse, and for the avoidance of doubt, approved receptacles designed for reuse do not include bags,
(VI) prepare, and publish on its website, a customer charter for household and commercial kerbside waste collection in the form set out in the sixth schedule, or a form substantially to the like effect, to the satisfaction of the nominated authority, to facilitate publication on the website of the nominated authority, and any amendments or updates to the customer charter to be submitted to the nominated authority without delay to facilitate publication of the revised charter on the website, once the nominated authority has been satisfied,
(VII) provide for the collection of at least the recyclable waste materials permitted to be placed in a mixed dry receptacle as specified on the website located at http://www.mywaste.ie as part of the segregated collection arrangements provided in accordance with subclause (VIII) for commercial kerbside waste collection,
(VIII) provide that the collection of recyclable commercial kerbside waste shall occur as frequently as may be determined by the nominated authority according to the necessity of collection of such waste but, in any case, at least once every fortnight,
(IX) provide that the frequency of collection of food waste and, as the case may be, bio-waste shall occur as frequently as may be determined by the nominated authority according to the necessity of collection of such waste but, in any case, at least once every fortnight, and
(X) provide that only the permit holder which owns a reusable receptacle provided to their customer for use is authorised to empty or remove that receptacle, unless the prior agreement of the said permit holder or the relevant local authority is obtained;
(ii) on and after 1 July 2023, with the exception of glass collected separately, commercial kerbside waste collected on off-shore islands, or commercial kerbside waste collected in receptacles which are not designed for reuse in specific areas designated by a local authority under article 20(2)(n)(iv), in accordance with section 34(7)(b) of the Act, excluding subparagraph (v) of that section—
(I) notwithstanding the provisions of any bye-laws adopted by the relevant local authority for the collection of commercial waste, ensure that where a collector intends to impose any penalty on a customer for non-compliance with the terms of the contract for collecting commercial kerbside waste, including non-compliance by the commercial customer with regard to properly segregating waste or overloading receptacles, that any such penalty be clearly communicated to the customer, including through the customer charter,
(II) ensure that the collector will, when requested to do so, provide to a local authority, details of the collection service, including details of the collection of separate classes of commercial waste, details of persons who choose not to partake in the collection of separate classes of commercial waste, and details of when commercial waste was last collected, and
(III) report in writing or make available through electronic means, the weight of each and every separate collection of waste and the registration number of each vehicle used to collect and transport each and every separate collection of waste, to the person who presented the waste for collection, at a frequency of not less than once every month;
(iii) ensure that the fees charged to collect commercial kerbside waste in the reasonable opinion and to the satisfaction of the nominated authority respect the polluter pays principle and encourage the segregation of such waste and discourage such waste from being mixed with residual commercial kerbside waste by the customer in accordance with the waste hierarchy and section 21A of the Act;
(iv) ensure that from 1 July 2023 commercial kerbside waste is only collected in approved receptacles which are designed for reuse, with the exception of the collection of such waste by atypical collection solutions, such as non-reusable receptacles or bags, in specific areas designated by a local authority as being only suitable for the collection of such waste by atypical collection solutions;
(v) ensure, where a commercial kerbside waste collection vehicle is configured to collect different fractions of commercial kerbside waste simultaneously, that the existence of this facility is clearly displayed on the vehicle;
(vi) ensure that commercial kerbside waste only be collected on or after 1 July, 2023—
(I) (A) during times,
(B) at particular locations, and
(C) with requirements for particular waste types,
as may be specified by the nominated authority following consultation with the local authority in which the collection activities will take place, and
(II) where the times specified under subclause (I) are subject to the authorised collector making reasonable efforts to the satisfaction of the nominated authority and the relevant local authority to reduce noise and nuisance, the consideration of such reasonable efforts by those authorities may be informed by complaints received by the local authority regarding noise or nuisance.,”.
Amendment of Sixth Schedule to Principal Regulations
7 The Sixth Schedule to the Principal Regulations is amended—
(a) by substituting the following heading for the heading of the schedule:
“CUSTOMER CHARTER FOR HOUSEHOLD AND COMMERCIAL WASTE COLLECTION”,
(b) in paragraph 1—
(i) by substituting “A Waste Action Plan for a Circular Economy” for “A Resource Opportunity – Waste Management Policy in Ireland”, and
(ii) by substituting “This document is designed to communicate how we intend to provide household and commercial waste collection services in accordance with these principles to the public in a clear and concise fashion.” for “This document is designed to communicate how we intend to provide household waste collection services in accordance with these principles to the public in a clear and concise fashion”,
(c) in paragraph 2(d), by substituting “customers” for “households”,
(d) by substituting the following subparagraph for subparagraph (i) of paragraph (2):
“(i) We will offer a segregated waste collection service to facilitate the segregation of residual waste, recyclables and where appropriate, food/bio waste. The frequency of collection will be as follows:
• Residual Waste Bin— as frequently as may be determined by the relevant local authority according to the necessity of collection of such residual waste but at a minimum at least every fortnight;
• Recyclable Waste Bin — as frequently as may be determined by the relevant local authority according to the necessity of collection of such recyclable waste but at a minimum at least every fortnight;
• Food & Bio Waste Bin — as frequently as may be determined by the relevant local authority according to the necessity of collection of such food/bio waste but at a minimum at least every fortnight.”,
(e) in paragraph 4—
(i) by substituting the following heading for the heading of that paragraph:
“Customer Responsibilities”, and
(ii) in subparagraph (a) by substituting “Please refer to http://www.mywaste.ie for advice on how to manage your waste more sustainably and for information on how to properly segregate your waste for collection.” for “Please refer to our Waste Segregation and Presentation Guidelines (see section 7 below) which are available on our web site or which are available to send to you by post, if requested.”, and
(f) in paragraph 7—
(i) in subparagraph (a), by substituting “waste management for customers” for “waste management for householders”,
(ii) by substituting the following subparagraph for subparagraph (d):
“We will provide Waste Segregation and Presentation Guidelines to customers, or at a minimum to the National Waste Collection Permit Office for publishing on their website, which clearly explain which materials are to be placed in which bin and collect at a minimum the recycling materials set out in this subparagraph or on the website located on the internet at http://www.mywaste.ie. We will explain to you what happens to materials collected in the residual, recycle and food waste bins.”, and
(iii) by including an entry for “Soft Plastics” under the heading Plastic packaging (PP).
Revocations
8. (1) The Waste Management (Collection Permit) (Amendment) Regulations 2023 ( S.I. No 63 of 2023 ) are revoked.
(2) The Seventh Schedule to the Principal Regulations is revoked.
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GIVEN under my Official Seal,
7 March, 2023.
EAMON RYAN,
Minister for the Environment,
Climate and Communications.
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations amend the Waste Management (Collection Permit) Regulations 2007 to give effect to national waste policy regarding the regulation of the collection of household and commercial waste. In particular, the regulations provide for the introduction of incentivised charging for commercial customers, the provision of a biowaste, mixed dry recycling and residual waste bin to all waste collection customers in the commercial sector, to weigh each collection of commercial waste and report or make those weights available to the customer, the updating of the customer charter for households, the introduction of a customer charter for commercial customers and the inclusion of soft plastics on the list of recyclable material with the list now to be available on the website www.mywaste.ie.