Waste Management (Permit) Regulations, 1998

• Statutory Instrument No.: 165/1998

S.I. No. 165 of 1998.
WASTE MANAGEMENT (PERMIT) REGULATIONS, 1998
INDEX
1. Citation and commencement.
2. Purpose of Regulations.
3. Interpretation generally.
4. Non-application of section 39(1) of the Act.
5. Grant of a waste permit.
6. Notice of intention to apply for a waste permit.
7. Requirements as to notices.
8. Further notice.
9. Making of an application to a local authority.
10. Contents of an application for a waste permit.
11. Procedure on receipt of an application.
12. Further information.
13. Availability and inspection of documents.
14. Submissions to a local authority regarding an application.
15. Minimum period for determination of an application.
16. Investigations concerning discharges to groundwater.
17. Conditions which may be attached to a waste permit.
18. Conditions which shall be attached to a waste permit.
19. Notice and information to the Agency.
20. Notice and information to local authority.
21. Registration of certain activities.
22. Entries in registers established under section 19 of the Act.
23. Discretionary power to refund or waive fee in certain circumstances.
24. False or misleading information.
25. Defrayal of local authority or Agency costs.
FIRST SCHEDULE Activities to be permitted or registered. SECOND SCHEDULE Conditions in respect of registered activities. THIRD SCHEDULE Provisions of Community acts which are to be given effect to in relevant waste permits granted by a local authority.
S.I. No. 165 of 1998.
WASTE MANAGEMENT (PERMIT) REGULATIONS, 1998
In exercise of the powers conferred on the Minister for the Environment and Local Government by sections 7 , 15 , 18 , 19 and 39 of the Waste Management Act, 1996 (No. 10 of 1996), which said powers are delegated to me by the Environment and Local Government (Delegation of Ministerial Functions) (No. 2) Order, 1997 ( S.I. No. 428 of 1997 ), I, Dan Wallace, Minister of State at the Department of the Environment and Local Government, hereby make the following Regulations:—
	1 Citation and commencement.	1. (1) These Regulations may be cited as the Waste Management (Permit) Regulations, 1998.
(2) These Regulations shall come into operation on the 20th day of May, 1998.
	2 Purpose of Regulations.	2. The purposes for which these Regulations are made include the purpose of giving effect to provisions of—
(a) 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 (1),
(1) O.J. No. L 194/23, 25 July 1975, and O.J. No. L 42/43, 12 February 1987.
(b) Council Directive 75/442/EEC of 15 July, 1975 on waste, as amended by Council Directive 91/156/EEC of 18 March, 1991 (2), and
(2) O.J. No. L 194/39, 25 July 1975, and O.J. No. L 78/32, 26 March 1991.
(c) Council Directive 80/68/EEC of 17 December, 1979 on the protection of groundwater against pollution caused by certain dangerous substances (3), and
(3) O.J. No. L 20/43, 26 January, 1980.
(d) Council Directive 91/689/EEC of 12 December, 1991 on hazardous waste (4).
(4) O.J. No. L 377/20, 31 December, 1991.
	3 Interpretation generally.	3. (1) In these Regulations-
(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 Act, 1996 ;
"application" means an application for a waste permit, and "applicant" shall be construed accordingly;
"licensable activity" means an activity in relation to the carrying on of which a waste licence is required under section 39(1) of the Act; and
"waste permit" means a waste permit for the purposes of section 39(4) of the Act.
	4 Non-application of section 39(1) of the Act.	4. (1) Section 39(1) of the Act shall not apply in respect of the carrying on by a person of a waste recovery or disposal activity specified in Parts I or II of the First Schedule if and for so long as the person carrying on the activity complies with the conditions specified in sub-article (2).
(2) The conditions specified for the purposes of sub-article (1) are that-
(a) in the case of an activity of a class specified in Part I of the First Schedule-
(i) the activity is being carried on in a manner which does not cause, and is not likely to cause, environmental pollution,
(ii) there is in force in relation to the carrying on of the activity a waste permit granted by the local authority in whose functional area the facility is located, and
(iii) the activity is being carried on in accordance with the conditions attached to the aforementioned permit; and
(b) in the case of an activity of a class specified in Part II of the First Schedule-
(i) a certificate of registration has been granted by the Agency under article 21 in relation to the carrying on of the activity at the facility, and
(ii) the activity is being carried on in accordance with the conditions specified in the Second Schedule.
(3) The recovery or disposal of waste at an existing facility shall, in the period before a waste permit or certificate of registration is granted or refused, be deemed to comply with the conditions specified sub-article (2) if, before the 1st day of October 1998-
(a) an application for a waste permit or certificate of registration, as the case may be, has been made in respect of the activity in accordance with these Regulations and the application has not been withdrawn by the applicant, and
(b) the activity is being carried on in accordance with a permit issued under the European Communities (Waste) Regulations, 1979, the European Communities (Toxic and Dangerous Waste) Regulations, 1982 or the European Communities (Waste Oils) Regulations, 1992, where such a permit is in force in relation to the activity.
(4) In this article, "existing facility" means an existing facility within the meaning of the Waste Management (Licensing) Regulations, 1997.
	5 Grant of a waste permit.	5. (1) A local authority may, on application being made to it in that behalf, grant a waste permit in accordance with these Regulations, or refuse to grant such a permit, in relation to the carrying on by the applicant of an activity specified in the First Schedule at a facility located in the functional area of the said local authority.
(2) A local authority shall not grant a waste permit unless it is satisfied that-
(a) the activity concerned, carried on in accordance with such conditions as are attached to the 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 best available technology not entailing excessive costs will be used to prevent or eliminate or, where that is not practicable, to limit, abate or reduce an emission from the activity concerned.
	6 Notice of intention to apply for a waste permit.	6. An applicant shall, in accordance with article 7-
(a) within the period of two weeks before the making of an application for a waste permit, publish notice of the intention to make the application in a newspaper circulating in the district in which the activity is or will be carried on, and
(b) not later than the making of the application, give notice of the application by the erection or fixing of a site notice on the facility or premises concerned.
	7 Requirements as to notices.	7. (1) A notice published in a newspaper pursuant to article 6 shall contain as a heading the words "APPLICATION TO [LOCAL AUTHORITY] FOR A WASTE PERMIT", and shall-
(a) give the name and address of the applicant,
(b) state the location or postal address of the facility to which the application relates,
(c) specify the class or classes of activity concerned, in accordance with the Third and Fourth Schedules of the Act and, in the case of two or more activities, identify the principal activity,
(d) state that a copy of the application for a waste permit will, as soon as is practicable after receipt by the local authority, be available for inspection or purchase at the principal office of the said authority.
(2) A site notice erected or fixed on any facility pursuant to article 6 shall-
(a) be painted or inscribed, or printed and affixed, on a durable material,
(b) be securely erected or fixed in a conspicuous position-
(i) on or near the main entrance to the facility from a public road, or
(ii) on any other part of the facility adjoining a public road,
and shall be so erected or fixed and the text shall be so painted, inscribed or printed that the notice shall be capable of being read by persons using the said public road.
(3) Where the facility to which an application relates does not adjoin a public road, a site notice shall be erected or fixed in a conspicuous position on the facility so as to be easily visible and legible by persons outside the facility.
(4) A site notice erected or fixed on any facility pursuant to article 6 shall be headed "APPLICATION TO THE [LOCAL AUTHORITY] FOR A WASTE PERMIT" and shall-
(a) indicate the site location or proposed location of the activity, and
(b) comply with the requirements specified in paragraphs (a), (c) and (d) of sub-article (1).
(5) A site notice erected or fixed on any facility pursuant to article 6 shall be maintained in position where erected or fixed for at least one month after the making of the relevant application, and shall be renewed or replaced if it is removed or becomes...