Waste Management (Collection Permit) (Amendment) Regulations 2015

• Jurisdiction: Ireland
• Year: 2015
• Citation: IR SI 197/2015

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 19th May, 2015.

I, ALAN KELLY, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by sections 7 , 18 , 32 and 34 of the Waste Management Act 1996 (No. 10 of 1996), hereby make the following Regulations:

Citation

1. These Regulations may be cited as the Waste Management (Collection Permit) (Amendment) Regulations 2015.

Amendment to the Waste Management (Collection Permit) Regulations 2007

2. The Waste Management (Collection Permit) Regulations 2007 (S.I. 820 of 2007) are hereby amended by—

(a) In article 4(2), by inserting the following after the definition of "household waste":

“ “household kerbside waste” means that fraction of household waste presented for collection from a household premises and collected by an authorised waste collector and excludes waste water, construction and demolition waste and bulky waste more suitable for collection in a skip or other such receptacle (which includes but is not limited to heavy waste materials such as furniture, carpets and rubble), as well as household hazardous waste and other streams of household waste which are required to be collected in another appropriate manner, such as, but not limited to, WEEE and waste batteries and accumulators.”

(b) In article 20(2)(i) by inserting "and in the case of recyclable materials, on and after 1 July, 2015, a frequency of collection of not less than once every two weeks,” after “practicable to do so,”,

(c) by inserting the following paragraphs after Article 20(2)(m):

"(n) weigh each and every collection of household kerbside waste collected separately in approved receptacles designed for reuse on and after 1 July, 2015, and for the avoidance of doubt, approved receptacles designed for reuse do not include bags,

(o) report, in writing, this weight to the person or persons who presented the waste for collection at a frequency specified by the nominated authority, wheresuch frequency is not less than once every month,

(p) use a weighing system to weigh household kerbside waste in accordance with paragraph (n) which has an EC Type Approval under the Measuring Instruments Directive (2004/22/EC) or a National Type Approval granted prior to the coming into force of the Measuring Instruments Directive (2004/22/EC), in accordance with the Legal Metrology (General) Regulations 2008, to weigh each and every collection of kerbside household waste collected separately in receptacles designed for reuse,

(q) use a weighing system to weigh household kerbside waste in accordance with paragraph (n) of accuracy Class Y (b) or better, where such a weighing system shall have a resolution of 1 kilogramme (kg) or better for weighing approved receptacles designed for reuse with a volume of 360 litres or less and a resolution of 5 kilogrammes [kg] or better for weighing approved receptacles designed for reuse with a volume of greater than 360 litres, in accordance with the Legal Metrology (General) Regulations 2008,

(r) only use vehicles which have been fitted with a weighing system which is in accordance with paragraphs (p) and (q) to collect household kerbside waste collected separately in approved receptacles designed for reuse on and after 1 July, 2015, and for the avoidance of doubt, approved receptacles designed for reuse do not include bags,

(s) only collect household kerbside waste in approved receptacles which are designed for reuse on and after 1 July, 2016, with the exception of the collection of such waste in specific areas designated by a local authority as being only suitable for the collection of such waste in non-reusable receptacles such as bags,

(t) prepare a customer charter for household kerbside waste collection in the form set out in the sixth schedule to these regulations, or a form substantially to the like effect, to the satisfaction of the nominated authority, to facilitate publication on the website of the nominated authority on 1 July, 2015, and any amendments or updates to the customer charter to be submitted to the nominated authority without delay to facilitate publication of the revised charter on the website,

(u) provide for the collection of at least the recyclable waste materials listed in the seventh schedule to these regulations on and after 1 July, 2015 as part of the segregated collection arrangements provided in accordance with paragraph (i) for household kerbside waste collection.”,

(d) By the substitution of the following sub-article for Article 23(1):

“23(1) The nominated authority shall initiate a review of a permit granted by it at any time after the date on which the permit was granted—

(a) where the nominated authority has reason to believe that a review of the permit is required as a result of:

(i) a significant change in the nature, focus or extent of the waste collection activity having taken place,

(ii) an amendment having been made to the waste management plan for the region concerned, or

(iii) a change in legislation,

or

(b) at the request of a relevant local authority in whose area the permitted activity takes place.”

(e) By inserting the following sub-article after Article 23(1)—

“(1A) Where—

(a) the nominated authority initiates a review under section 34(6) of the Act and considers, in its opinion, following an assessment of any submissions, documents or other information already received from the permit holder, together with records and information already in the possession of the nominated authority and other relevant local authorities in relation to the waste collection activity concerned that a significant change in the nature, focus or extent of existing waste collection activities has not taken place, the nominated authority may make a decision that the proposed review can be implemented through the amendment of the conditions attached to a waste collection permit which has been granted on the basis of the assessment that has been made;

(b) a decision is taken to amend the conditions of a waste collection permit pursuant to paragraph (a), the existing waste collection permit shall remain in force until such time as the conditions are amended and the amended waste collection permit shall be subject to the same expiry date as the existing permit; and

(c) a nominated authority proposes to amend the conditions of a waste collection permit pursuant to paragraph (a), it shall give notice in writing of such intention to the permit holder or to any other relevant local authority concerned and, in the case of an activity relating to the collection of hazardous waste, the Agency.”

(f) In Article 23(2) by inserting “, pursuant to sub-article (1),” after the words “Where a nominated authority proposes”.

(g) By inserting the following sub-article after Article 23(2)—

“(2A) A notice given under sub-article (1A)(c) in relation to a review of a waste collection permit to which sub-article (1A) applies to amend the conditions attached to a permit which has been granted—

(a) shall inform the permit holder of the intent of the nominated authority to review the existing waste collection permit to amend conditions attached to the permit,

(b) shall state that-

(i) an application for the review of the permit is not required, and

(ii) the current expiry date of the waste collection permit shall remain the same following the amendment of the conditions,

(c) may require the waste collection permit holder to furnish such submissions, plans, documents, other information and particulars in a format specified by the nominated authority within a specified timeframe as the nominated authority considers necessary for the purposes of the proposed review.”

(h) In Article 23(3) by the insertion of “to which sub-article (1A) does not apply” after the words “A notice given under sub-article (2)”,

(i) In Article 26 by the insertion of “to which Article 23(1A) does not apply,” after the words “documents or other information received from the applicant for the review of a waste collection permit”,

(j) In Article 27(1) by the insertion of “to which Article 23(1A) does not apply,”after the words “records or other information received by it in relation to an application for the review of the waste collection permit”,

(k) In the title of Article 28 by the insertion of “or of the amendment of conditions attached to a waste collection permit” after the words “Determination and notice of grant or refusal of a reviewed waste collection permit”,

(l) By inserting the following sub-article after Article 28(1)-

“(1A) A nominated authority may, in relation to the review of a waste collection permit to which Article 23(1A) applies, amend a waste collection permit in accordance with these Regulations in relation to the carrying on by the permit holder of a waste collection activity relating to a region or regions within 40 working days of issuing a notice under article 21(1A)(c).

(m) In Article 28(5) by the insertion of “to which Article 23(1A)...