Waste Management (Certification of Historic Unlicenced Waste Disposal and Recovery Activity) Regulations, 2008

JurisdictionIreland
CitationIR SI 524/2008
Year2008

S.I. No. 524 of 2008

WASTE MANAGEMENT (CERTIFICATION OF HISTORIC UNLICENCED WASTE DISPOSAL AND RECOVERY ACTIVITY) REGULATIONS 2008

INDEX

1. Citation

2. Purpose of Regulations

3. Scope

4. Interpretation generally

5. Duty of a local authority to identify and register closed landfills

6. Duty of a local authority to carry out an assessment of the risk of environmental pollution

7. Application by a local authority to the Agency for a certificate ofauthorisation

8. Duty of a local authority to comply with the terms of a certificate ofauthorisation

9. Powers of the Environmental Protection Agency

10. Prosecutions and penalties

11. Amendments to Waste Management Act

12. Amendment to Waste Management (Miscellaneous Provisions) Regulations

13. Amendment to Waste Licensing Regulations

S.I. No. 524 of 2008

WASTE MANAGEMENT (CERTIFICATION OF HISTORIC UNLICENCED WASTE DISPOSAL AND RECOVERY ACTIVITY) REGULATIONS 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 12th December, 2008.

WHEREAS, I, JOHN GORMLEY, Minister for the Environment, Heritage and Local Government, having regard to section 3(3) of the European Communities Act, 1972 (No. 27 of 1972) (as inserted by section 2 of the European Communities Act 2007 ) (No. 18 of 2007) (hereinafter referred to as the Act of 1972), consider it necessary for the purpose of giving full effect to the provisions of Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 1 on waste and Council Directive 80/68/EEC of 17 December 1979 2 on the protection of groundwater against pollution caused by certain dangerous substances to make provision for offences under the following regulations to be prosecuted on indictment:

AND WHEREAS I consider it necessary, having further regard to section 3(3) of the Act of 1972 as amended by section 2 of the European Communities Act 2007 (No. 18 of 2007) and for the purpose of ensuring that penalties in respect of an offence prosecuted in that manner under the following regulations are effective, proportionate and have a deterrent effect having regard to the acts or omissions of which the offence consists, to make such provision in the following Regulations:

NOW THEREFORE, I, JOHN GORMLEY, Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972) as amended by section 2 of the European Communities Act 2007 (No. 18 of 2007) and for the purpose of giving effect to Directive 2006/12/EC of the European Parliament and of the Council of 5 April 20061 on waste and Council Directive 80/68/EEC of 17 December 1979 2 on the protection of groundwater against pollution caused by certain dangerous substances hereby makes the following Regulations:

Citation

1. These Regulations may be cited as the Waste Management (Certification of Historic Unlicenced Waste Disposal and Recovery Activity) Regulations 2008.

Purpose of Regulations

2. The purposes for which these Regulations are made include the purpose of giving effect to the provisions of—

(1) Directive 2006/12/EC of the European Parliament and of the Council of 5 April 20061 on waste, and

(2) Council Directive 80/68/EEC of 17 December 1979 2 on the protection of groundwater against pollution caused by certain dangerous substances.

Scope

3. These Regulations apply to each closed landfill identified pursuant to Regulation 5 at which waste disposal or recovery activities were carried on without a waste licence.

Interpretation generally

4. (1) In these Regulations—

(a) a reference to a Regulation is a reference to a Regulation in these Regulations unless it is indicated that reference to some other Regulation is intended;

(b) a reference to a paragraph that is not otherwise identified is a reference to the paragraph of the provision in which the reference occurs.

(2) A word or expression that is used in these Regulations and is also used in the Waste Management Acts 1996 to 2008 shall have in these Regulations the same meaning as it has in the Act unless the contrary intention appears.

(3) In these Regulations—

“Act” means the Waste Management Acts 1996 to 2008;

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

“authorised person” means a person who is appointed in writing by a local authority or the Agency to be an authorised person for the purposes of these Regulations;

“closed landfill” means a landfill site operated by a local authority for the recovery or disposal of waste without a waste licence on any date between 15 July 1977 and 27 March 1997 (i.e. prior to the entry into force of the Waste Management (Licensing) Regulations, 1997 ( S.I. No. 133 of 1997 ));

“Code of Practice” means the “CODE OF PRACTICE on Environmental Risk Assessment for Unregulated Waste Disposal Sites” prepared by the Agency under section 76 of the Environmental Protection Agency Acts 1992 and 2003;

“environmental pollution” has the meaning assigned to it in the Act;

“necessary measures” means measures (including suitable remediation measures) to ensure that waste disposed of or recovered in a closed landfill is not causing, or is not likely to cause, environmental pollution;

“risk assessment” means a systematic methodology which considers the likelihood of occurrence and the consequence of occurrence of an event through the determination and evaluation of the nature, effect and extent of exposure to a potential hazard;

“Waste Management Acts 1996 to 2008” means the Waste Management Act, 1996 (No. 10 of 1996) as amended by the Waste Management (Amendment) Act, 2001 (No. 36 of 2001), Part 3 of the Protection of the Environment Act 2003 (No. 27 of 2003), Part 2 of the Waste Management (Electrical and Electronic Equipment) Regulations 2005 ( S.I. No. 290 of 2005 ), the Waste Management (Environmental Levy) (Plastic Bag) Order 2007 ( S.I. No. 62 of 2007 ) and the Waste Management (Registration of Brokers and Dealers) Regulations 2008 ( S.I. No. 113 of 2008 ).

Duty of a local authority to identify and register closed landfills

5. (1) Each local authority shall identify by 30 June 2009 all closed landfills within its functional area and for such purposes shall have regard to the methodology set out in Appendix 1 of the Code of Practice.

(2) Each local authority shall have regard to the reporting requirements of...

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