S.I. No. 820/2007 - Waste Management (Collection Permit) Regulations 2007

S.I. No. 820 of 2007

WASTE MANAGEMENT (COLLECTION PERMIT) REGULATIONS 2007

INDEX

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FIRST SCHEDULE

STATUTORY INSTRUMENTS REVOKED

SECOND SCHEDULE

STATUTORY DECLARATION

THIRD SCHEDULE

APPLICATION FEES PAYABLE

FOURTH SCHEDULE

PROVISIONS OF COMMUNITY ACTS THAT ARE TO BE GIVEN EFFECT TO IN RELEVANT WASTE COLLECTION PERMITS GRANTED BY A LOCAL AUTHORITY.

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 AND WASTE, RETURNED OR RECOVERED HALONS IN HALON CONTAINERS

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

• (2) These Regulations shall come into operation on 31 March 2008.

Revocations and transitional arrangements

• (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

• (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.

• (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

• (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.

• (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.

• (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

• (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.

• (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.

• (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.

• (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

• (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

• (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

• (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

• (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.

• (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

• (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

Conditions regarding the use of skips.

• (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.

• (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

• (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