Waste Control
Overview
The principle behind the Waste Management legislation is that the polluter should pay and cover the cost of recovery. The legislation deals with waste at all parts of the chain, from its creation to its disposal. The waste legislation does not apply to the matters covered by air pollution, water pollution and radioactive substances legislation.
The fundamental principle of waste management is that waste movements must be tracked and monitored from start to finish. Persons who have custody have responsibility for waste and cannot simply abandon it. There are provisions for tracking both hazardous and non-hazardous waste.
As with other environmental legislation, waste legislation is heavily influenced by common European Union rules. States are under an obligation not to permit environmental pollution under the waste framework directive. They must ensure waste is disposed of, without harm to human health or the environment.
There is a range of EU legislation dealing with waste, ranging from the benign to the toxic. There are numerous standards and EU Directives in relation to certain classes of pollutants. There are specific standards for particular pollutants. There are special provisions in relation to hazardous waste.
The local authority and EPA may make requirements in relation to the disposal of waste. The EPA may issue guidance on hazardous waste. Provision may be made for the disposal of waste other than household waste in a particular manner or at a particular facility. It is an offence to discard waste or deposit it at a local authority facility in breach of the relevant requirements.
Authorities
Each local authority is responsible for the implementation of waste legislation in its area. Local authorities are encouraged to co-operate and may make joint management plans on a regional basis. They may co-operate and enter partnerships with each other in relation to waste facilities.
The Environmental Protection Agency (“EPA”) has waste management functions, including advising, licensing and enforcement in respect of certain types of waste. The EPA deals with the importation of hazardous waste. The EPA makes a national hazardous waste management plan. The Department of the Environment and Local Government may re-designate waste management functions from local authorities to the EPA and vice versa.
Waste
Waste is defined as a substance listed in the legislation or the European Waste Catalogue, which is intended to be discarded. Waste may, therefore, cover a wide variety of things. There is a presumption that certain things are waste until and unless the contrary is proved. The Waste Catalogue is updated from time to time and contains an indicative list of substances which may be waste if they are discarded.
The things covered by the definition of waste are broad. Included are things in which a producer has no commercial interest or opportunity to use or sell, the safe disposal of which is likely to cause additional costs. Waste may include redundant products, contaminated, damaged and unusable parts and residues.
The intention to discard is central. Virtually anything can qualify as waste. Waste may include items which can be recycled. It covers items discarded even if they have a commercial use.
Waste recovery refers to a process by which goods are restored to their previous state or transformed into a usable state or usable component.
Hazardous Waste
Hazardous waste is waste that is listed in legislation or has certain properties. The list of hazardous waste is updated and extended from time to time. The provisions that apply to waste also apply to hazardous waste. Additional and more onerous provisions also apply to hazardous waste. The EPA has published guidelines on the distinction between waste and hazardous waste.
Hazardous waste sites must be identified and recorded. Particular hazardous wastes such as asbestos, batteries and waste oils are subject to more thoroughgoing regulations. Hazardous waste from one category may not be mixed with that from another without the local authority’s consent.
The movement of hazardous waste is tightly regulated. It may not be transferred unless it is labelled in accordance with EU requirements. Carriers must take precautions to ensure that wastes are separated and not mixed. Special permits are required in relation to the collection of hazardous waste.
Persons transporting waste are obliged to procure documentary evidence that the transferee has received the hazardous waste. The EPA can require consignors and carriers to give notice of proposed consignments. Copies of consignment notes must be retained for five years.
Waste Management and Recovery
The waste legislation provides measures to reduce the production of waste and promote recovery. Regulations may be made imposing recovery responsibilities on producers in respect of specified classes of items. Obligations may be imposed on producers in respect of activities subject to integrated pollution control licences. There may be requirements for waste reduction programmes, prohibitions, limitation of production eco-labelling, use of best available technology, limitation of production, assessments, packaging requirements.
A producer whether agricultural, commercial, industrial or manufacturing, has a duty to prevent or minimise waste production. There are extensive powers to make requirements relating to the design and use of parts and packaging, the operation of deposit and refund schemes, taking back of specified waste, record keeping, product standards, separation programmes and the provision of receptacles. The Minister may provide support for voluntary recycling schemes.
Local authorities have significant duties in relation to the management, minimisation and recovery of waste. Local authorities may be obliged to facilitate compacting or biological transformation processes for organic municipal waste. They are also obliged to make appropriate provision for waste management, particularly recycled products within private developments, including facilities for storage, separation and collection of waste and recyclable products.
Obligations of Persons in Possession
A person may not dispose of, transport, or recover waste in a manner which may cause environmental pollution. This obligation covers the owner or person in charge or possession of waste. A person shall not transfer control of waste other than to certain categories of authorised persons.
The owner or person who controls waste retains responsibility for it, if he transfers control of it to an unauthorised person. An authorised person is a council or person otherwise authorised under waste management legislation to collect, recover or dispose of the particular class of waste concerned.
If waste is transferred to an unauthorised person, both the transferor and transferee are deemed to continue to be holders of the waste and liable for the consequences. The ownership of the waste does not pass.
It is an offence to transfer waste to an unauthorised person. It is a defence to the above prohibition that an activity is carried out in accordance with the terms of a waste permit license authorisation or certificate.
Waste collected or recovered by a local authority becomes its property. Strictly speaking, where waste is not deposited with the local authority in compliance with the specified conditions for its receipt, it does not pass to the local authority.
The holder of waste must notify the local party of any spillage or accident which is likely to cause environmental pollution. The EPA must be notified in the case where hazardous waste is involved.
Civil Liability
The Waste legislation modifies certain civil liability rules, so as to increase the risk of civil liability for persons holding waste. It is presumed that the holding, transport, recovery or disposal of waste is likely to cause environmental pollution where the relevant authorisation is not in force or not been complied in many respects.
It is then a matter for the defendant to prove the activity did not cause environmental pollution. Regulations can be made requiring persons holding waste, to take out insurance to cover liability for damages for injury to persons or property from waste.
Various Licensing
Above a certain threshold, activities may be subject to the integrated pollution control licensing and the industrial emissions directive scheme licensed by the Environmental Protection Agency. Application can be made to the EPA regarding whether its waste management licensing applies. This depends on whether the activity is subject to IPC licensing and is subsidiary to waste activity.
Waste collection must be undertaken by a holder of waste collection permits or a local authority. They is issued by the national waste collection permits office.
Local authorities must provide or arrange adequate facilities for the recovery and disposal of household waste. Local authorities may make way by laws in relation to waste disposal including for example separation of waste collection and the use of receptacles.
Local authorities may provide waste collection services but need not do so where there are adequate services available from holders of waste collection permits. Most local authorities no longer collect waste.
Any entity disposing of waste or undertaking recovery of waste must hold a waste management licence. There are exceptions including in relation to household waste. Waste recovery facilities are subject to EPA licensing
The recovery of sludge use in agriculture is subject to registration and regulation on a separate basis under the Waste Management (Registration of Sewage Sludge Facilities ) Regulations.