Waste Facilities
Licensing
Waste facilities which are not subject to the integrated pollution control licensing or industrial emissions directive are subject to the ordinary waste licensing system. This usually applies to small-scale facilities involved in storage, recycling and recovery. They require a waste facility permit or certificate of registration.
Certain categories of waste activities require a waste facility permit. Others require a waste recovery certificate. Thresholds apply to determine whether a permit or certificate is required. Above the threshold, a waste licence or integrated pollution control licence or industrial emissions directive licence is required.
Local authorities are not subject to the waste facility permit system in respect of their own waste operations and infrastructure. They are subject to the certificate of registration and the integrated pollution control licensing/IED licensing system.
The EPA may decide the type of authorisation required for a particular type of waste management activity. The local authority may request the EPA to determine the authorisation after the application for a permit registration certificate is received. The EPA must respond within a set period. The EPA may also give opinions as to the appropriate licensing level.
Waste Facility Permits
Waste facility permits requirements apply to facilities
- for the reception, recovery storage of waste
- temporary storage pending collection of waste or waste vehicles, scrap metal or
- WEEE facilities
- for the recovery of dredge spoil, inert waste, construction and demolition, including concrete block styles and similar material
- for the reception storage and composting of biowaste
- for the reception, temporary storage and recovery of used batteries and accumulators
The application for a waste permit is made in writing or online to the local authority. The EPA is notified. The application is made available for public inspection. The public has the right to make observations and submissions in relation to the application.
Licensing Criteria
The local authority must, as a condition of granting a waste licence, ensure that
- it is satisfied the activity will not cause environmental pollution when carried out in accordance with the conditions in the permit
- the emissions from the activity will conform with statutory standards and maxima
- best available techniques are applied to manage emissions
- the site has appropriate planning permission
- the applicant is a fit and proper person to hold a licence
- persons employed to direct or control the activities on site have the required skills and qualifications
- the applicant has the financial capacity to meet commitments and liabilities that will arise in carrying out the activity.
The decision is notified to the applicant and persons who made observations. Reasons are not required by statute. There is a right of appeal against a refusal.
The appeal is to the District Court, which may confirm, amend or annul the decision to grant the licence or waste facility permit.
Permit
The permit is granted for a period of five years by default, but it can be shorter. After five years, an application can be made to review the permit with a view to having it extended for a further five-year period.
The waste permit is granted subject to conditions. The mandatory conditions include
- those required to give effect to
- the waste management plan and the national hazardous waste management plan
- prevent disposal of waste collected in a segregated form in order to facilitate recycling
- prevent the collection handling, transport and mixing of waste in a manner making it unsuitable for recycling and recovery
A licence may only be transferred or surrendered with the prior approval of the local authority or Environmental Protection Agency. Local authorities and the Environmental Protection Agency may, in certain circumstances, review or revoke the permit.
Certificates of Registration
Certificates of registration are required for
- reception recovery storage pending collection of household or hazardous waste,
- reception temporary storage of crashed or immobilised vehicles other than end of life vehicles pending a decision as to whether they are to be discarded as such
- recovery of dredge, spoil, and inert, waste arising from construction and demolition
- reception storage and transfer of waste by a local authority
- reception storage and composting of waste by a local authority
Thresholds apply above which the waste management or integrated pollution control licensing regime may apply.
Application
The application for a registration certificate must be dealt with within 25 working days. This may be extended where the conditions for a valid application are not met.
The local authority may determine that there is sufficient information to permit a decision. If the EPA determines that the certificate of registration is not appropriate for the form of activity, the application will not be heard.
The activity must be carried on in accordance with the terms of the certificate so as not to cause environmental pollution. The statutory emission standards must be complied with. The must be best available technique must be used in respect of the control of emissions. The applicant must be a fit and proper person to hold the certificate.
Where a certificate of registration is refused, the matter of the refusal may be appealed to the District Court.
Licences for Local Authorities
The local authorities apply to the Environmental Protection Agency for a certificate of registration. Sub-threshold businesses apply to the local authority for a certificate of registration.
The procedures applicable are similar to those for other licensing schemes. An application for a certificate is made, subject to provisions to secure public consultation and observations. The licence may be for a period of up to 5 years.
Conditions and Rules
Detailed rules are applicable to sites which are registered with certificates of registration. They cover activities authorised together with additional rules on certain matters.
They include
- emissions must not breach statutory standards
- activities must not endanger human health
- waste may be accepted only between 8 am to 6 pm Monday to Friday and 8 am to 2 pm on Saturday
There must be inspection procedures for waste acceptance, characterisation, quarantine storage recovery and disposal. There must be measures to ensure that compliance in relation to the particular activity comply with the provisions of the directive on waste
Waste arriving at the site must be transport by in the manner licensed by the collection permit regulations.
Controls
All steps necessary to prevent unauthorised waste activities must be taken. There must be controls on entry to the facility. Waste not meeting the requisite authorisations and conditions must not be accepted. The certificate holder must assess the risk of environmental pollution and document assessments, having regard to the types of waste and the nature of the facility.
The certificate holder must take preventive steps to ensure that the activity does not adversely affect
- lands, watercourses, well or other sources of water supply,
- public and private roads and footpaths
Waste contained and sorted on site must be secured. The licence holder must comply with all legal obligations.
Major Facilities
Major waste disposal facilities may be constructed under the Planning and Development (Strategic Infrastructure) Act. This allows for a direct application to an Bord Pleanale for planning permission. There is, therefore, no possibility of an appeal.
The categories of development for which the legislation may be used include
- waste disposal installations for incineration, chemical treatment, or landfill of hazardous waste
wastewater treatment plants for more than 10,000 people
EPA Facility Licensing
The EPA must impose conditions on waste licences regulating all aspects of the facility. This includes the types of waste handled, quantities and activities permitted. There must be measures and conditions providing for monitoring and records. Conditions may specify what is required after the closure of the facility by way of remediation and after-care
A licence may not be granted unless
- the recovery and disposal emissions do not breach any standard prescribed under legislation
- will not cause environmental pollution
- the best available technology must be used to prevent or, where not practicable, limit and reduce emissions from the activity
Holders of licences must be fit and proper persons. This requires that they comply with financial requirements. They must not have been convicted of certain offences. The licence holder and persons employed must have the requisite technical knowledge and qualifications to carry out the activity.
Licence Conditions
Licences are generally granted for three years but may be reviewed earlier. In some cases, they must be reviewed by the Environmental Protection Agency.
Licences may be revoked for breach of the terms and conditions, where the licence holder is no longer of a fit and proper person or where there are serious breaches wanting suspension or revocation.
There are restrictions on the transfer of a waste licence. Notice must be given to the EPA, which must be satisfied that the entity and the persons behind it are fit and proper persons with the financial capacity to undertake the requisite obligations. The transferee become subject to liabilities requirements and obligations under the licence.
Hazardous Waste
Hazardous waste is defined by reference to the presence of hazardous substances or properties identified in the Waste Framework Directive. The Environmental Protection Agency is responsible for the control of hazardous waste.
It may regulate the labelling and storage and apply conditions to the storage and transport of hazardous waste. Producers and holders of hazardous waste must ensure that they act in a manner which protects the environment and public health.
Categories of hazardous waste may not be mixed. There are controls on shipment within and out of Ireland.