S.I. No. 821/2007 - Waste Management (Facility Permit and Registration) Regulations 2007

S.I. No. 821 of 2007

WASTE MANAGEMENT (FACILITY PERMIT AND REGISTRATION) REGULATIONS 2007

INDEX

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FIRST SCHEDULE

REGULATIONS REVOKED

SECOND SCHEDULE

PROVISIONS OF COMMUNITY ACTS WHICH ARE TO BE GIVEN EFFECT TO IN RELEVANT WASTE FACILITY PERMITS GRANTED BY A LOCAL AUTHORITY OR CERTIFICATES OF REGISTRATION GRANTED BY A LOCAL AUTHORITY OR THE AGENCY

THIRD SCHEDULE

ACTIVITIES TO BE PERMITTED OR REGISTERED

FOURTH SCHEDULE

GENERAL RULES IN RESPECT OF REGISTERED ACTIVITIES

FIFTH SCHEDULE

FEES PAYABLE

S.I. No. 821 of 2007

WASTE MANAGEMENT (FACILITY PERMIT AND REGISTRATION) 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, 32, 39 and 53E of the Waste Management Acts 1996 to 2007, hereby makes the following Regulations:—

Citation

Commencement

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 for a waste permit or a certificate of registration, or any waste permit or certificate of registration which has been granted, before the coming into operation of these Regulations.

• (3) A certificate of registration granted under the Regulations revoked in respect of an activity which does not fall within part II of the third schedule and requires a waste facility permit in accordance with part I of the third schedule, shall remain valid if an application for a waste facility permit is made within sixty working days of the coming into operation of these Regulations, until such time as a decision is taken to grant or to refuse a waste facility permit under article 18, at which point the certificate of registration will lapse.

• (4) A waste permit granted under the Regulations revoked in respect of an activity which does not fall within part I of the third schedule and which requires a waste licence in accordance with the Waste Management (Licensing) Regulations 2004 ( S.I. No. 395 of 2004 ), as may be amended from time to time, shall remain valid if an application for a waste licence is made to the Agency within 180 working days of the coming into operation of these Regulations, until such time as a decision is taken to grant or to refuse a waste licence under article 34 of the Waste Management (Licensing) Regulations 2004, as may be amended from time to time, at which point the waste facility permit will lapse.

• (5) Where an application for a review of an existing waste facility permit is made after the coming into operation of these Regulations, the application shall be reviewed in accordance with the procedures pursuant to articles 30 and 31. On completion of the review of the waste facility permit, the full provisions of these Regulations shall apply in relation to the activity.

• (6) Where an application for a review of a certificate of registration is made after the coming into operation of these Regulations, the application shall be reviewed in accordance with the procedures set out in article 38. On completion of the review of the certificate of registration, the 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 the European Parliament and the Council of 5 April 2006 ⁵ 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) Directive 2006/118/EC of 12 December 2006 ⁷ of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration.

• (e) Council Directive 80/68/EEC of 17 December 1979 ⁸ on the protection of groundwater against pollution caused by certain dangerous substances,

• (f) Council Directive 87/217/EEC of 19 March 1987 ⁹ on the prevention and reduction of environmental pollution by asbestos,

• (g) Council Directive 91/676/EEC of 12 December 1991 ¹⁰ concerning the protection of waters against pollution caused by nitrates from agricultural sources,

• (h) Council Directive 91/689/EEC of 12 December 1991 ¹¹ on hazardous waste,

• (i) Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 ¹² establishing a framework for Community action in the field of water policy,

• (j) Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 ¹³ on end-of-life vehicles as amended by Council Decision 2005/673/EC of 20 September 2005,

• (k) Directive 2002/96/EC of the European Parliament and the Council of 27 January 2003 ¹⁴ on waste electrical and electronic equipment (WEEE), as amended by Directive 2003/108/EC of the European Parliament and of the Council of 8 December 2003 ¹⁵ ,

• (l) Directive 94/62/EC of the European Parliament and of the Council of 20 December 1994 ¹⁶ on packaging and packaging waste, as amended by Directive 2004/12/EC of the European Parliament and of the Council of 11 February 2004 ¹⁷ ,

• (m) Regulation (EC) No. 1774/2002 of the European Parliament and of the Council of 3 October 2002 ¹⁸ 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 ¹⁹ ,

• (n) Regulation (EC) No. 2037/2000 of the European Parliament and of the Council of 29 June 2000 ²⁰ 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 ²¹ , Regulation (EC) No. 2039/2000 of the European Parliament and of the Council of 29 September 2000 ²² , Regulation (EC) No. 1804/2003 of the European Parliament and of the Council of 16 October 2003 ²³ , Commission Regulation (EC) No. 2077/2004 of 4 December 2004 ²⁴ and Commission Regulation (EC) No. 29/2006 of 11 January 2006 ²⁵ and Commission Regulation (EC) No. 1784/2006 of 4 December 2006 ²⁶ ,

• (o) Regulation (EC) No. 842/2006 of the European Parliament and of the Council of 17 May 2006 ²⁷ on certain fluorinated greenhouse gases,

• (p) Council Directive 1999/31/EC of 26 April 1999 ²⁸ on the landfill of waste,

• (q) Council Directive 91/157/EEC of 18 March 1991 ²⁹ on batteries and accumulators containing certain dangerous substances as amended by Commission Directive 93/86/EEC of 4 October 1993 ³⁰ and by Commission Directive 98/101/EC of 22 December 1998 ³¹ ,

• (r) Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 ³² on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC,

• (s) Regulation (EC) No 2150/2002 of the European Parliament and of the Council of 25 November 2002 on waste statistics ³³ ,

• (t) Regulation (EC) No 850/2004 of the European Parliament and the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC ³⁴ , as amended by Council Regulation (EC) No. 1195/2006 ³⁵ and Council Regulation (EC) No. 172/2007 ³⁶ ,

• (v) Council Directive 79/409/EEC of 2 April 1979 ³⁷ on the conservation of wild birds,

• (w) Council Directive 92/43/EEC of 21 May 1992 ³⁸ on the conservation of natural habitats and of wild fauna and flora,

• (x) Directive 2006/118/EC of 12 December 2006 of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration ³⁹ , and

Interpretation generally

• (a) any reference to a schedule or article, which is not otherwise identified, is a reference to a schedule or article of these Regulations,

• (b) any reference to a sub-article or paragraph, which is not otherwise identified, is a reference to a 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 disposal and recovery of waste any of the activities specified in the third schedule of the Act or, as the case may be, the fourth schedule of the Act and “disposal activities” or “waste recovery activities” shall be construed accordingly;

“the Agency” means the Environmental Protection Agency established under section 19 of the Environmental Protection Agency Acts 1992 and 2003;

“agriculture” means the growing of all types of commercial food crops, including food crops for stock-rearing purposes,

“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;

“appellant” means an applicant or a local authority who makes a request to the Agency in accordance with article 11 for a determination of whether an activity shall be regarded as a licensable activity under section 39(1) of the Act or as requiring a waste facility permit or certificate of registration under these Regulations, or as none of these;

“an application” means, as the case may be, an application for a—

• (a) waste facility permit,

• (b) review of a waste facility permit,

• (c) surrender of a waste facility permit,

• (d) transfer of a waste facility permit,

• (e) certificate of registration,

• (f) review of a certificate of registration,

• (g) surrender of a certificate of registration, or

• (h) transfer of a certificate of registration;

“applicant” means, as the case may be, an applicant for a—

• (a) waste facility permit,

• (b) review of a waste facility permit,

• (c) surrender of a waste facility permit,

• (d) transfer of a waste facility permit,

• (e) certificate of registration,

• (f) review of a certificate of registration,

• (g) surrender of a certificate of registration, or

• (h) transfer of a certificate of registration,

and may include the holder of the waste;

“authorised facility” means a facility which has been granted a waste authorisation in the form of a waste licence, a waste facility permit or a certificate of registration;

“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;

“central collection point” means—

• (a) a Civic Amenity Facility, or

• (b) other facility for the receipt, storage (including temporary storage), segregation, sorting or repackaging of waste pending onward transport and 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 issued under article 37 of these Regulations 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 ( S.I. No. 340 of 2005 ) and which regulates the reception, storage (including temporary storage), segregation, sorting or repackaging of Waste Electrical and Electronic Equipment at a facility, subject to any amendment that may be made to the Waste Management (Waste Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 340 of 2005 ) from time to time;

“civic amenity facility” shall include a civic amenity site and a recycling centre and 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 the—

• (a) date of delivery,

• (b) sources, types and quantities of the wastes received,

• (c) name, address and waste authorisation number of the carrier, and

• (d) name, address and waste authorisation reference number of any facility to which the waste is consigned for onward transfer from the facility concerned.

“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;

“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;

“dredge spoil” means waste materials arising from dredging operations from the sea, an estuary or an inland waterway;

“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 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;

“emission limit value” has the meaning assigned to it by section 5 of the Act;

“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 site” means-

• (a) a site—

• (i) notified for the purposes of Regulation 4 of the European Communities (Natural Habitats) Regulations 1997 ⁴⁰ , subject to any amendments made to it by virtue of Regulation 5 of those Regulations,

• (ii) transmitted to the Commission in accordance with Regulation 5(4) of the said Regulations, or

• (iii) added by virtue of Regulation 6 of the said Regulations to the list transmitted to the Commission in accordance with Regulation 5(4) of the said Regulations, but only until the adoption in respect of the site of a decision by the Commission under article 21 of Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora for the purposes of the third paragraph of article 4(2) of that Directive.

• (b) a site adopted by the Commission as a site of Community importance for the purposes of article 4(2) of Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora in accordance with the procedure laid down in article 21 of that Directive,

• (c) a special area of conservation within the meaning of the European Communities (Natural Habitats) Regulations 1997,

• (d) an area classified pursuant to paragraph (1) or (2) of article 4 of Council Directive 79/409/EEC on the conservation of wild birds;

“European Waste Catalogue” (or “EWC”) means the list of waste set out in Commission Decision 2001/118/EC of 16 January 2001 ⁴¹ (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” shall have the meaning assigned 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 opinion of the Agency or, as the case may be, the local 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 facility permit or, as the case may be, the certificate of registration relates or, as appropriate, will relate has or have the requisite technical knowledge or qualifications to carry on that activity in accordance with the permit or, as appropriate, the certificate of registration, and the other requirements of the Act,

• (c) in the opinion of the Agency or, as the case may be, the local authority, that person is likely to be in a position to meet any financial commitments or liabilities that the Agency or, as the case may be, the local authority reasonably considers will be entered into or incurred by him or her in carrying on the activity to which the waste facility permit or, as the case may be, the certificate of registration relates or, as appropriate, will relate 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;

“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;

“halon container” means a product which is designed primarily for transporting or storing halons;

“hazardous waste” has the meaning assigned to it by section 4 of the Act;

“household waste” has the meaning assigned to it by section 5 of the Act;