S.I. No. 395/2004 - Waste Management (Licensing) Regulations 2004

• (3) Where the Agency grants a waste licence in respect of the carrying on of waste recovery or disposal activities at a facility, being a facility to which a waste licence in relation to the operation of mobile plant already applies, any conditions of the waste licence first granted which relate to the operation of the said mobile plant at the facility in question shall cease to have effect.

Review of waste licence authorising discharges to groundwater.

39.

PART VII LICENSING FEES

Fee for application for a waste licence.

40.

• (2) Subject to sub-articles (3) and (4), the fee payable under sub-article (1) shall be the amount indicated in column (2) of Part I of the Second Schedule opposite the relevant class of waste activity in column (1) of the said Part of the Schedule.

• (3) Where a class of activity can be identified by reference to more than one class in column (1) of Part I of the Second Schedule, the fee payable under sub-article (1) shall be the highest of the fees specified in column (2) of Part I of the Second Schedule opposite the class of activity so identified in column (1) of the Schedule.

• (4)
• (a) The fee payable in respect of an application, being an application relating to the proposed operation of mobile plant at more than one facility, shall exceed the amount indicated in column (2) of Part I of the Second Schedule opposite the relevant class of waste activity in column (1) of the said Part of the Schedule, by a sum comprising 75% of the said amount in the case of a second and each further facility concerned.

• (b) Notwithstanding paragraph (a), where the cost incurred by the Agency in determining an application in respect of the second or each further facility is less than 75% of the said amount, a lower fee may be determined by the Agency.

Fee for application for review or surrender of a waste licence

41.

• (2) Subject to sub-articles (3) and (4), the fee payable under sub-article (1) shall be the amount indicated in column (3) of Part I of the Second Schedule opposite the relevant class of waste activity in column (1) of the said Part of the Schedule.

• (3) Where a class of activity is identified more than once in column (1) of Part I of the Second Schedule, the fee payable under sub-article (1) shall be the highest of the fees specified in column (3) of Part I of the Second Schedule opposite the class of activity so identified in column (1) of the Schedule.

• (4)
• (a) The fee payable in respect of an application, being an application relating to the proposed operation of mobile plant at a facility or facilities other than that or those to which the said licence relates, shall exceed the amount indicated in column (3) of Part I of the Second Schedule opposite the relevant class of waste activity in column (1) of the said Part of the Schedule, by a sum comprising 75% of the said amount in the case of a second and each further facility concerned.

• (b) Notwithstanding paragraph (a), where the cost incurred by the Agency in determining an application in respect of the second or each further facility is less than 75% of the said amount, a lower fee may be determined by the Agency.

Fee for the making of objections.

42.

• (2) Subject to sub-article (3), the fee payable under sub-article (1) shall be the amount indicated in column (3) of Part II of the Second Schedule opposite the appropriate mention of objection in column (2) of the said Part of the Schedule.

• (3) Where an objection is made to the Agency by-

• (a) a local authority,

• (b) a planning authority,

• (c) a sanitary authority,

• (d) the Central Fisheries Board,

• (e) An Taisce - The National Trust for Ireland,

• (f) Fáilte Ireland,

• (g) in the case of an activity any part of which is situate within the functional area of the Shannon Free Airport Development Company Limited, that company,

a reduced fee shall be payable in respect of the said objection, in accordance with sub-article (2).

Fee for application for transfer of a waste licence.

43.

• (2) The fee payable under sub-article (1) shall be the amount indicated in column (3) of Part II of the Second Schedule opposite the appropriate mention of application in column (2) of the said Part of the Schedule.

Fee for request for an oral hearing.

44.

• (2) The fee payable under sub-article (1) shall be the amount indicated in column (3) of Part II of the Second Schedule opposite the mention of a request for an oral hearing in column (2) of the said Part of the Schedule.

Discretionary power to refund or waive fee in certain circumstances.

45.

• (2) A decision under sub-article (1) shall contain a statement specifying the reasons for the decision.

PART VIII MISCELLANEOUS

Prescribed offences for the purpose of section 40(7) of the Act.

46.

• (a) a contravention of section 32(1), 32(3) or 39(1) of the Act, or

• (b) an offence under section 14(6), 15(3), 34(1), 36(3), 45(4), 57(4) or 58(7) of the Act

shall be a prescribed offence.

Criteria for the determination by the Agency of a relevant person.

47.

Classification of landfill facilities.

48.

• (i) a landfill for hazardous waste,

• (ii) a landfill for non-hazardous waste, or

• (iii) a landfill for inert waste,

and shall specify the class of landfill in each relevant waste licence or integrated pollution prevention and control licence that is granted.

• (2) It is hereby prescribed that the register maintained by the Agency under section 19 of the Act shall include entries specifying the classification, for the purposes of sub-article (1), of each landfill facility in respect of which a waste licence is or has been granted.

Wastes prohibited from landfill

49.

• (b) In the case of a landfill facility other than a new landfill facility or a landfill facility for hazardous waste, the requirement of paragraph (a) shall apply no later than 16 July 2009.

• (2) The following wastes are specified for the purposes of sub-article (1) -

• (a) liquid waste,

• (b) waste which, in the conditions of landfill, is explosive, corrosive, oxidising, highly flammable or flammable as defined in Annex III of Council Directive 91/689/EEC¹⁸ ,

• (c) infectious healthcare waste, assessed as likely to cause disease in humans or animals, arising from medical or veterinary establishments, and waste specified under category 14 of Annex 1.A of Council Directive 91/689/EEC,

• (d) any other waste which does not satisfy such waste acceptance criteria as shall, from time to time, be determined in accordance with Annex II of Council Directive 91/689/EEC.

• (3)
• (a) Subject to paragraph (b), whole used tyres (other than tyres used as on-site engineering material) shall not be accepted or disposed of at a landfill facility.

• (b) In the case of a landfill facility other than a new landfill facility or a landfill facility for hazardous waste, the requirements of paragraph (a) shall apply no later than 16 July 2009.

• (4) Shredded used tyres shall not be accepted or disposed of after -

• (a) 16 July 2006, in a new landfill facility or a landfill facility for hazardous waste,

• (b) 16 July 2009, in a landfill facility other than one referred to in paragraph (a).

• (5)
• (a) Subject to paragraph (b), waste that has not been subject to treatment (other than inert waste for which treatment is not technically feasible, or any other waste the treatment of which will not reduce its volume or the risk of environmental pollution) shall not be accepted or disposed of in a landfill facility.

• (b) In the case of a landfill facility other than a new landfill facility or a landfill facility for hazardous waste, the requirements of paragraph (a) shall apply no later than 16 July 2009.

Waste to be accepted in different classes of landfill.

50.

• (2) A landfill for non-hazardous waste may only be used for the disposal of -

• (a) municipal waste,

• (b) non-hazardous waste, other than municipal waste, that fulfils relevant waste acceptance criteria,

• (c) stable, non-reactive hazardous waste (such as that which is solidified or vitrified) with leaching behaviour equivalent to that of non-hazardous waste referred to in paragraph (b), that fulfils relevant waste acceptance criteria, and

• (d) such other wastes as may from time to time be specified in accordance with the provisions of Article 16 and Annex II of the Landfill Directive.

• (3) A landfill for inert waste may only be used for the disposal of inert waste that fulfils relevant waste acceptance criteria.

• (4) Where hazardous waste of the type referred to in paragraph (2)(c) is disposed of in a landfill for non-hazardous waste, it shall not be deposited in cells destined to be used for the disposal of biodegradable non-hazardous waste.

• (5) The dilution or mixture of waste solely in order to fulfil relevant waste acceptance criteria is prohibited.

• (6) For the purpose of this article, “relevant waste acceptance criteria” means -

• (a) such criteria as may be specified by the Agency, having regard to Articles 6 and 11 of the Landfill Directive, pending the determination referred to in paragraph (b), and

• (b) such criteria as shall be determined in accordance with the provisions of Article 16 and Annex II of the Landfill Directive.

• (7) In the case of a landfill facility other than a new landfill facility or a landfill facility for hazardous waste, this article shall have effect no later than 16 July 2009.

Statements in relation to landfill charges.

51.

• (a) furnish such information or particulars relating to the landfill facility concerned as the Agency considers appropriate, and/or

• (b) produce such evidence as it may reasonably require in order to verify any information or particulars furnished by the landfill operator in, or in relation to, the said statement.

• (2) The Agency, having considered a statement submitted to it (including, where relevant, any information, particulars or evidence furnished under sub-article (1)), may require a landfill operator to amend the said statement in such manner or for such purpose as may be specified by the Agency.

Existing landfill facilities.

52.

• (2) A conditioning plan shall include information and particulars regarding —

• (a) the extent to which the facility concerned, and its management and operation (or, where relevant, its restoration, remediation and aftercare) complies with the relevant requirements of the Landfill Directive,

• (b) such financial provision as —

• (i) is proposed to be made by the landfill operator, having regard to the provisions of articles (7)(i) and (8)(a)(iv) of the Landfill Directive, or

• (ii) has been made in respect of the facility concerned for the purposes of Section 53(1) of the Act or Section 83(6) of the Act of 1992,

as the case may be, and

• (c) such further measures as the landfill operator considers will be necessary in order to ensure compliance with the requirements of the Landfill Directive.

• (3) Where a landfill operator is required to submit a conditioning plan under this article, the Agency may, by notice in writing under Section 18 of the Act, require the operator concerned, within a period to be specified in the notice, to -

• (a) furnish such information or particulars relating to the landfill facility concerned as the Agency considers necessary to enable it make a determination under sub-article (4), and/or

• (b) produce such evidence as it may reasonably require in order to verify any information or particulars furnished by the landfill operator in, or in relation to, the conditioning plan.

• (4) The Agency, having considered —

• (a) a conditioning plan submitted to it (including, where relevant, any information, particulars or evidence furnished under sub-article (3)), or

• (b) in the event of a failure to comply with sub-articles (1) and (3), such information as is otherwise available to the Agency in relation to the landfill facility concerned,

shall as soon as possible determine whether, as the case may be —

• (i) there is a reasonable prospect that the said facility can be operated in compliance with the requirements of the Landfill Directive (other than paragraph 1 of Schedule 1 of that Directive) by a date not later than 16 July 2009, or

• (ii) in the case of a landfill which has finally ceased to accept waste for disposal, the extent to which the requirements of Annex III of the Landfill Directive are complied with.

• (5) Where necessary, having made a determination under sub-article (4), the Agency may review the relevant waste licence or integrated pollution prevention and control licence, as the case may be, in order that the results specified in sub-article (6) are achieved.

• (6) The results referred to in sub-article (5) are that —

• (a) where, in the view of the Agency, a landfill facility cannot be operated in compliance with the requirements of the Landfill Directive, the disposal of waste at that facility shall cease as soon as possible;

• (b) where, in the view of the Agency, a landfill facility may continue to operate, such further measures are undertaken as are considered by the Agency to be necessary (having regard to the relevant conditioning plan or otherwise) in order to ensure compliance with the relevant requirements of the Landfill Directive not later than 16 July 2009;

• (c) where a landfill facility is closed, the requirements of Annex III of the Landfill Directive are complied with.

• (3) In this article, “landfill operator” means, as the case may be —

• (a) an applicant for or the holder of a waste licence in respect of the disposal of waste in a landfill facility (other than a new landfill facility), or

• (b) the holder of an integrated pollution prevention and control licence to which a landfill facility (other than a new landfill facility) is subject.

Exemptions from the Landfill Directive and these Regulations.

53.

• (a) any landfill facility that ceased to accept waste for disposal prior to 16 July 2001,

• (b) the spreading of sludges (including sewage sludges and sludges resulting from dredging operations) and similar matter on soil for the purposes of fertilisation or improvement,

• (c) the use of inert waste for redevelopment, restoration or construction purposes in a landfill facility,

• (d) the deposit of —

• (i) non-hazardous dredging sludges alongside small waterways from which they have been dredged,

• (ii) non-hazardous sludges in surface waters, including the bed and its sub-soil, and

• (iii) unpolluted soil or non-hazardous inert waste resulting from prospecting for, and the extraction, treatment and storage of, mineral resources and the operation of quarries.

• (2) It is hereby declared that the activities specified in sub-articles 3.3 and 3.5 of the Landfill Directive shall be exempt from the relevant provisions of the Directive to the extent specified therein.

First Schedule

Regulations Revoked

Number	Title	Extent of Revocation
S.I. No. 185 of 2000	Waste Management (Licensing) Regulations 2000	The whole regulations, save for articles 3 and 4 and the First Schedule
S.I. No. 397 of 2001	Waste Management (Licensing)(Amendment) Regulations 2001	The whole regulations
S.I. No. 336 of 2002	Waste Management (Licensing)(Amendment) Regulations 2002	The whole regulations
S.I. No. 337 of 2002	European Communities (Amendment of Waste Management (Licensing) Regulations 2000) Regulations 2002	The whole regulations

Second Schedule

FEES

PART 1 Fees for applications, review and surrenders of waste licences

Waste Activity (1)	Amount of fee for an application for a waste licence (2)	Amount of fee for a review or surrender of a waste licence (3)
1.1 The disposal of waste at a landfill facility where the annual intake is likely to exceed 100,000 tonnes.	€35,000	€25,000
1.2 The disposal of waste at a landfill facility where the annual intake is likely to exceed 40,000 tonnes but be less than 100,000 tonnes.	€30,000	€22,500
1.3 The disposal of waste at a landfill facility where the annual intake is likely to exceed 20,000 tonnes but be less than 40,000 tonnes.	€25,000	€20,000
1.4 The disposal of waste at a landfill facility where the annual intake is likely to exceed 5,000 tonnes but be less than 20,000 tonnes.	€20,000	€5,000
1.5 The disposal of waste at a landfill facility where the annual intake is likely to exceed to be less than 5,000 tonnes.	€10,000	€6,000
2. The disposal of hazardous waste.	€30,000	€22,500
3.1 The disposal of waste (other than hazardous waste) at a facility (other than a landfill facility) where the annual intake is likely to exceed 100,000 tonnes.	€20,000	€15,000
3.2 The disposal of waste (other than hazardous waste) at a facility (other than a landfill facility) where the annual intake is likely to exceed 25,000 tonnes but be less than 100,000 tonnes.	€12,000	€10,000
3.3 The disposal of waste (other than hazardous waste) at a facility (other than a landfill facility) where the annual intake is less than 25,000 tonnes.	€10,000	€6,000
4. The recovery of waste.	€10,000	€6,000

PART II Other fees payable to the Agency in relation to waste licences

(1)	(2)	(3) Amount of fee
Article 42	Objection by the applicant or licensee	€500
	Objection by an authority or body mentioned in article 41(3)	€100
	Objection by any other person	€200
Article 43	Application for transfer of a waste licence	€5,000
Article 44	Request for an oral hearing	€100

Third Schedule

Provisions of Community acts that are to be given effect in relevant waste licences granted by the Agency.

Relevant Provisions	Community act
(1)	(2)
Articles 4, 6, 7, 10, 11 and 12	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.
Articles 4, 5, 8, 9, 10 and 18	Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against pollution caused by certain dangerous substances.
Article 8	Council Directive 87/217/EEC of 19 March 1987 on the prevention and reduction of environmental pollution by asbestos.
Articles 2.2 to 2.4 and 4.3	Council Directive 91/689/EEC of 12 December 1991 on hazardous waste.
Articles 4(6), 8(2) and 9(1)	Council Directive 96/59/EC of 16 September 1996 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls.
Articles 3, 8, 9, 10 and 18.2	Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control.
Articles 6, 8, 9, 11, 12, 13 and 14, and Annexes I, II and III.	Council Directive 99/31/EC of 26 April 1999 on the landfill of waste.
---	---
	Given under the Official Seal of the Minister for the Environment, Heritage and Local Government, this 22^nd day of June, 2004.
L.S.	MARTIN CULLEN
	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 provide for the continued operation of the system of licensing by the Environmental Protection Agency of waste recovery and disposal activities under Part V of the Waste Management Act, 1996 . The Regulations set out procedures for the making of waste licence applications, reviews of licences and consideration by the Agency of objections, including the holding of oral hearings.

These Regulations also provide for the licensing of mobile plant used for the recovery and disposal of waste at more than one site.

The Waste Management (Licensing) Regulations 2000 (save for articles 3 and 4 and the First Schedule), Waste Management (Licensing)(Amendment) Regulations 2001, Waste Management (Licensing)(Amendment) Regulations 2002 and European Communities (Amendment of Waste Management (Licensing) Regulations 2000) Regulations 2002 are revoked.

Footnotes