European Communities (Waste Oils) Regulations, 1992.

Statutory Instrument No.399/1992
Date16 December 1992

S.I. No. 399 of 1992.

THE EUROPEAN COMMUNITIES (WASTE OILS) REGULATIONS, 1992.

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 16th June, 1975 (No. 75/439/EEC)(1) as amended by Council Directive of 22nd December, 1986 (No. 87/101/EEC(2) hereby makes the following Regulations:—

(1)O.J. No. L194/23 25th July, 1975.

(2)O.J. No. L42/43 12th February, 1987.

PART I Preliminary and General

1. These Regulations may be cited as the European Communities (Waste Oils) Regulations, 1992.

2. (1) In these Regulations:—

"combustion" means the use of waste oils as fuel with heat recovery;

"collection" means an operation whereby waste oils are transferred from a holder to an undertaking which disposes of such oils;

"disposal" means the processing or destruction of waste oils as well as their storage and tipping above or under ground;

"existing operator" means any person who, before the 1st day of February, 1993, is carrying on the business of collecting or disposing of waste oils;

"holder" means a person who has waste oils in his custody or control prior to collection or disposal;

"local authority" means

( a ) in the case of the administrative county of Dublin, excluding the borough of Dun Laoghaire, the council of the county of Dublin,

( b ) in the case of the borough of Dun 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;

"processing" means any operation involving the regeneration and/or combustion of waste oils;

"regeneration" means any process whereby base oils can be produced by refining waste oils, including removal of contaminants, oxidation products and additives;

"waste oils" means any mineral-based lubrication or industrial oils which have become unfit for the use for which they were originally intended, including used combustion engine oils, gearbox oils, mineral lubricating oils, oils for turbines and hydraulic oils.

(2) In these Regulations any reference to a Part, Schedule or article which is not otherwise identified is a reference to a Part, Schedule or article of these Regulations.

(3) In these Regulations, 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.

(4) Nothing in these Regulations shall affect the obligations imposed by the European Communities (Waste) Regulations, 1979 ( S.I. No. 390 of 1979 ), the European Communities (Toxic and Dangerous Waste) Regulations, 1982 ( S.I. No. 33 of 1982 ) and the European Communities (Waste) Regulations, 1984 ( S.I. No. 108 of 1984 ).

PART II Control of Disposal Arrangements

3. (1) Each local authority shall be responsible for the planning, organisation and supervision of operations for the collection and disposal of waste oils in its area and for the authorisation of disposal arrangements.

(2) Each local authority shall keep a register of persons or undertakings involved in the collection or disposal of waste oils.

(3) In the discharge of its obligations under sub-article (1) a local authority shall take measures to ensure—

( a ) that due priority is given to the processing of waste oils by regeneration,

( b ) that satisfactory arrangements exist for the collection of waste oils from holders.

4. (1) Upon application to it by the person concerned, a local authority may grant a permit to that person to carry on the business of collecting or disposing of waste oils in its area.

(2) A person shall not contravene the terms of a permit under sub-article (1).

(3) Subject to sub-article (4), a permit under sub-article (1) shall be subject to such conditions as the local authority considers appropriate.

(4) The conditions attached to a permit in respect of the disposal of waste oils shall include a requirement that—

( a ) disposal does not endanger human health or the environment,

( b ) due precautions are taken for safe disposal of any residues resulting from the processing of waste oils,

( c ) any processing complies with the relevant requirements in Part III.

(5) Disposal other than by processing shall consist of the safe destruction or the controlled storage or tipping of waste oils.

(6) A person holding or carrying on the business of collecting or disposing of waste oils shall carry out operations in such a way that they will not cause any avoidable demage to human health and the...

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