The European Communities (Asbestos Waste) Regulations, 1990

• Jurisdiction: Ireland
• Citation: IR SI 30/1990
• Year: 1990

S.I. No. 30 of 1990.

THE EUROPEAN COMMUNITIES (ASBESTOS WASTE) REGULATIONS, 1990.

In exercise of the powers conferred on the Minister for the Environment 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 the 19th day of March, 1987, No. 87/217/EEC,* which said powers are delegated to me by the Environment (Delegation of Ministerial Functions) Order, 1989 ( S.I. No. 270 of 1989 ), I, MARY HARNEY, Minister of State at the Department of the Environment, hereby make the following Regulations:—

*O.J. No. L85/40, 28 March, 1987. 1. (1) These Regulations may be cited as the European Communities (Asbestos Waste) Regulations, 1990.

(2) These Regulations shall come into operation on the 1st day of March, 1990. 2. In these Regulations:—

"asbestos" means the following fibrous silicates:

—crocidolite (blue asbestos)

—actinolite,

—anthophyllite,

—chrysotile (white asbestos)

—amosite (brown asbestos)

—tremolite;

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

"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;

"permit holder" means a person holding a permit under Article 5 of the European Communities (Toxic and Dangerous Waste) Regulations, 1982 ( S.I. No. 33 of 1982 ) for the storage, treatment or deposit of asbestos waste. 3. A person transporting or depositing waste, whether liquid or solid, containing asbestos fibres or asbestos dust shall ensure that no such fibre or dust is released into the air or spilled. 4. (1) Where liquid or solid waste containing asbestos fibres or asbestos dust is deposited by a local authority or by a permit holder, such local authority or permit holder shall ensure that the waste is treated, packaged or covered in such a manner that the release of asbestos particles into the environment is prevented.

(2) Without prejudice to the generality of sub-article (1) of this Article, the requirement of that sub-article shall be deemed to be satisfied...