European Communities (Toxic and Dangerous Waste) Regulations, 1982.

Statutory Instrument No.33/1982
Date03 March 1982

S.I. No. 33 of 1982.

THE EUROPEAN COMMUNITIES (TOXIC AND DANGEROUS WASTE) REGULATIONS, 1982.

The Minister for the Environment in exercise of the powers conferred on him by section 3 of the European Communities Act, 1972 (No. 27 of 1972) and for the purpose of giving effect to the Council Directive of 20th March, 1978 No. 78/319/EEC* hereby makes the following Regulations:—

*O.J. No. L 84/43, 31st March, 1978.

1 Citation and commencement.

1. (1) These Regulations may be cited as the European Communities (Toxic and Dangerous Waste) Regulations, 1982.

(2) These Regulations shall come into operation on the 1st day of January, 1983.

2 Interpretation.

2. (1) In these Regulations—

"authorised person" means a person appointed by a local authority or by the Minister to be an authorised person for the purposes of these Regulations;

"Community" means the European Economic Community;

"the Council Directive" means the Council Directive of 20th March, 1978 No. 78/319/EEC;

"disposal" includes the collection, sorting, carriage and treatment of toxic and dangerous waste as well as its storage and tipping above or under ground and the transformation operations necessary for its recovery, re-use or recycling and cognate words shall be construed accordingly;

"local authority" means—

( a ) in the case of the administrative county of Dublin, excluding the borough of Dún Laoghaire, the Council of the County of Dublin,

( b ) in the case of the borough of Dún Laoghaire, the corporation of the borough,

( c ) in the case of a county borough, the corporation of the county borough, and

( d ) in the case of any other administrative county, the council of the county;

"the Minister" means the Minister for the Environment;

"special waste plan" has the meaning assigned to it by article 4 (1) of these Regulations;

(2) A word or expression that is used in these Regulations and is also used in the Council Directive has, unless the contrary appears, the meaning in these Regulations that it has in that Directive.

(3) Where toxic and dangerous waste is imported into the State, the waste shall be regarded for the purposes of these Regulations as having been produced at the point of entry by the importer or the person who receives it at the point of entry on the importer's behalf.

3 Designation of responsible authorities.

3. Each local authority shall be responsible for the planning, organisation, and supervision of operations for the disposal of toxic and dangerous waste in their area and the authorisation of the storage, treatment and depositing of such waste.

4 Special waste plans.

4. (1) Each local authority shall as soon as may be prepare a plan (in these Regulations referred to as a "special waste plan") for the disposal of toxic and dangerous waste indicating—

( a ) the types and quantities of toxic and dangerous waste to be disposed of;

( b ) the methods of disposal;

( c ) specialised treatment centres where necessary;

( d ) suitable disposal sites.

(2) A special waste plan shall be designed to secure that toxic and dangerous waste is disposed of without endangering human health and without harming the environment and, in particular—

( a ) without risk to water, air, soil, plants or animals;

( b ) without causing a nuisance through noise or odours; and

( c ) without adversely affecting the countryside or places of special interest.

(3) A special waste plan may include the estimated costs of disposal operations and such other matters as the local authority may consider appropriate having regard to the purposes of the Council Directive.

(4) Where a local authority have made a special waste plan they shall, from time to time as occasion may require or whenever they are directed to do so by the Minister, review the plan and make any variations in it (whether by way of alteration, addition or deletion) which they consider proper or make a new plan.

(5) Where a local authority make a special waste plan or variations of any such plan, they shall cause a notice of making to be published in at least one newspaper circulating in their area.

(6) A notice under subarticle (5) of this article shall state that a copy of the plan or variations is available for inspection at a stated place and at stated times (and the copy shall be kept available for inspection accordingly).

5 Permits.

5. (1) A local authority may issue a permit to any person, including another local authority, for the storage, treatment or deposit of toxic and dangerous waste in their area.

(2) A permit under this article shall specify—

( a ) the type and quantity of waste;

( b ) the technical requirements;

( c ) the precautions to be taken;

( d ) the disposal sites;

( e ) the methods of disposal.

(3) A permit under this article may—

( a ) include conditions and obligations;

( b ) require that there be made available to the local authority information in relation to the waste;

( c ) be granted for a specified period; and

( d ) be renewed.

(4) A person, other than a local authority acting in its own area, shall not carry out the storage, treatment or deposit of toxic and dangerous waste, whether on his own behalf of that of another person, without an appropriate permit issued in pursuance of this article or in a manner contravening the terms of such permit.

(5) A person producing or holding toxic and dangerous waste who does not hold a permit under this article shall as soon as possible have such waste stored, treated or deposited by a person holding an appropriate permit or by a local authority.

6 Requirements in relation to the handling, storage and disposal of toxic and dangerous waste.

6. (1) A person shall not abandon toxic and dangerous waste or consign, tip, carry or discharge toxic and dangerous waste otherwise than in accordance with these Regulations.

(2) A person collecting, transporting, storing or depositing toxic and dangerous waste shall ensure that such waste is kept separate from other matter and residues in any case where contact with such matter or residues would be likely to give rise to a danger to human health or to harm the environment.

(3) A person consigning toxic and dangerous waste shall ensure that the packaging of the waste is appropriately labelled, the labels to indicate in particular the name and address of the producer of the waste, its nature, composition and quantity and, where applicable, the need to keep the waste separate from other matter and residues.

(4) A person transporting or storing toxic and dangerous waste shall take due precautions to ensure that the labelling provided for the waste is maintained in a legible condition.

7 Registers of toxic and dangerous waste operations.

7. (1) The holder of a permit under article 5 of these Regulations and any person producing, holding or disposing of toxic and dangerous waste shall maintain a register of such operations showing the quantity, nature, physical and chemical characteristics and origin of such waste and of the methods and sites used for disposing of such waste, including, where applicable, the dates of receipt and disposal and shall make the register available for examination by any authorised person and shall provide any relevant information when so requested by an authorised person.

(2) Any person disposing of toxic and dangerous waste by way of deposit on land shall record the location of each deposit of such waste and such records shall be regarded as being part of the register kept pursuant to subarticle (1) of this article.

(3) The records required to be kept in accordance with subarticle (2) of this article shall comprise a plan marked with a grid by means of which the location of deposits may be determined.

(4) Deposits recorded pursuant to subarticle (2) of this article shall be described by reference to the entries in the register kept in accordance with subarticle (1).

(5) Records kept pursuant to subarticle (2) of this article shall be sent to the local authority for the area for retention when the permit expires or is surrendered or when the depositing of waste on the site has ceased, whichever sooner occurs.

8 Consignment notes.

8. (1) Consignment notes shall be completed and dealt with in accordance with subarticle (3) or subarticle (4) as appropriate) of this article in respect of every consignment of toxic and dangerous waste (other than movements of waste within the premises where it is produced, or is being stored, treated or deposited).

(2) Consignment notes shall—

( a ) where they are to be used for a consignment to a destination within the State, be in the form set out in Schedule 1 to these Regulations and otherwise be in the form set out in Schedule 2 to these Regulations;

( b ) before use, be bound in books and be numbered serially in quintuplicate;

( c ) have printed on each copy instructions as to how the copy should be dealt with.

(3) Where the waste is being consigned to a destination within the State, the following provisions shall apply:—

( a ) the producer or holder of the waste (as the case may be) or his representative shall, before despatching the consignment, complete Part A on all five copies in a set of the appropriate consignment notes and the person collecting the waste shall complete Part B on all five copies, which Part shall be witnessed by the producer or holder of the waste or his representative;

( b ) the producer or holder shall—

(i) give the top four copies of the consignment note to the person collecting the waste for transport; and

(ii) retain the remaining copy;

( c ) the person transporting the waste shall ensure that the waste while in transit is accompanied by the copies of the consignment note given to him in accordance with paragraph (b) of this subarticle and, when delivering the waste to the person to whom it has been consigned, give the four copies of the...

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