Waste Plans
Waste Management Plan
Local authorities must prepare a waste management plan for non-hazardous waste. It deals with the prevention, minimisation, collection, recovery and disposal of non-hazardous waste. It must also deal with matters in relation to hazardous waste for which they are responsible. Joint plans may be made by councils. The plans must be reviewed as often as necessary and at least every five years.
The making, variation and replacement of the waste management plan are undertaken by the Chief Executive and not the elected members. The power to adopt the waste management plan was transferred from the elected members in 2003.
There are national guidelines on waste management plans. The provisions in relation to waste management plans are modelled on those relating to the making of development plans. Copies of the draft plans are prepared and made available. The public may inspect and make comments.
Matters in Plan
The plans must make provision for policies and priorities for the prevention and minimisation of waste. This includes provision for
- types, quantities and origins of waste expected to arise during the period either in the area or transported into it;
- general facilities, plants and equipment available for recovery and the collection, recovery and disposal;
- technical requirements for disposal and aftercare facilities;
- identification of sites at which waste disposal or recovery activities is taken on;
- assessment of risks associated with such activities;
- measures to ensure that the polluter pays.
The waste management plan must include information regarding the implementation of the hazardous waste management plan.
The local authority must take into account the proper planning and development of their area and other applicable environmental waste management plans. The authority must take account of their obligations under other legislation such as wildlife, transport, water pollution, habitats and their general functions as local authorities.
The local authority is obliged to take steps to attain the objectives of the waste management plan made by it. The local authority and EPA, in dealing with an application for a licence must take into account the waste management plan for the area. Local authorities may not grant waste collection permits unless their conditions are such that they conform to the plan.
Waste Management Plan Issues
Waste management plants must encourage and support the recovery of waste. They should seek to ensure that waste that cannot be recovered or prevented is disposed of, without environmental pollution. They should seek to ensure that the polluter pays. in so far as possible.
There have been a number of legal challenges in relation to waste management plans. They have been generally been taken by community groups and environmental protection entities and have been aimed at preventing the development of particular waste disposal sites. Most of the challenges have been technical in nature and have failed.
Planning authorities and Bord Pleanála may not refuse planning permission for development solely because it is not specifically mentioned in the waste management plan if it considers the development would facilitate the achievement of the objectives of the plan. The local authority development plan is deemed to include the objectives of the waste management plan.
Hazardous Waste Management Plan
The EPA prepares a national hazardous waste management plan. The plan must deal with the prevention and minimisation of hazardous wastes, the recovery of hazardous waste, the collection and movement of hazardous waste and the disposal of hazardous waste that cannot be prevented or recovered. The plan must deal with contaminated sites and the risks associated with them. It must provide for the identification of remedial measures for such sites.
The hazardous waste management plan must be reviewed at least once every five years. There is prior publicity and democratic participation in the process.
The local authority development plan is deemed to include the objectives of the relevant waste management plan. The local authority may grant planning permission for a development consistent with the waste management plan even though it would contravene the development plan. Certain special procedures apply.
Circular Economy
The Circular Economy, Waste Management (Amendment) and Minerals Development (Amendment) Act amends the Waste Management Act 1996 to provide for the inclusion of targets related to reuse and repair in Waste Management Plans.
Waste Framework
The Waste Framework Directive 2008 governs waste treatment and recovery. This is implemented by the European Communities (Waste Directive) regulations 2011 as amended. Waste is defined to include any substance or object which the holder discards or intends or is required to discard. It does not include
gaseous emissions into the atmosphere, land including unexcavated contaminated soil and uncontaminated soil, naturally excavated material in the course of construction
dumping at sea
decommissioned explosives
faecal matter straw and other natural non-hazardous agricultural and forestry material used in farming forestry or energy production from biomass or processes which do not harm the environment or endanger public health
It does not cover other material specifically covered by EU legislation, including
- wastewater
- animal byproducts
- carcasses disposed of in accordance with legislation
- waste resulting from prospecting extraction and storage of mineral resources and quarries
National Waste Management Plan
The State publishes a National Waste Management Plan. Waste Management Plans are formulated by the local authorities under the direction of the National Waste Management Planning coordination committee. Regional plans are made under the auspices of regional assemblies.
The making of the Waste Management Plan is subject to the procedures in the Waste Management Act. It is analogous to procedure for making the development plan. There is public consultation and participation. The plan must prevent and minimise production of waste, and control the disposal of waste while encouraging waste recovery.
The Environmental Protection Agency must make a national hazardous Waste Management Plan dealing with prevention, collection, management, holding and disposal of hazardous waste.