Waste Management (Collection Permit) Regulations, 2007

• Jurisdiction: Ireland
• Year: 2007
• Citation: IR SI 820/2007

S.I. No. 820 of 2007

WASTE MANAGEMENT (COLLECTION PERMIT) REGULATIONS 2007

INDEX

1. Citation and commencement.

2. Revocations and transitional arrangements.

3. Purpose of Regulations.

4. Interpretation generally.

5. Making of an application for a waste collection permit.

6. Notice of intention to apply for a waste collection permit.

7. Contents of an application for a waste collection permit.

8. Fees payable.

9. Procedure on receipt of an application for a waste collection permit.

10. Further information.

11. Consultation with other local authorities and the Agency.

12. Availability and inspection of documents.

13. Submissions to a nominated authority in respect of an application for a waste collection permit.

14. Defrayal of, or contribution towards, the costs of investigations.

15. Period for determination of an application for a waste collection permit.

16. Withdrawal or abandonment of an application for a waste collection permit or the review of a waste collection permit.

17. Determination and notice of decision of grant or refusal in relation to a waste collection permit.

18. Conditions necessary to give effect to certain provisions of Community Acts.

19. Conditions regarding the use of skips.

20. Other conditions to be attached to waste collection permits.

21. Offences for the purpose of section 34(5) of the Act.

22. Criteria for the determination of a relevant person.

23. Notice from the nominated authority requiring a review of a waste collection permit.

24. Application made on initiative of permit holder for the review of a waste collection permit.

25. Procedures to be applied by the nominated authority in the determination of an application for the review of a waste collection permit.

26. Decision on an application for the review of a waste collection permit on the basis of particulars received from the applicant.

27. Decision on an application for the review of a waste collection permit on the basis of particulars received from the applicant, relevant local authorities and other persons.

28. Determination and notice of grant or refusal of a reviewed waste collection permit.

29. Revocation of a waste collection permit.

30. Non-application of section 34(1)(a) the Act.

31. Notice regarding nominated authority.

32. Notice and information to the Agency and other local authorities.

33. Notices and information to the nominated authority.

34. Entries in registers established under section 19 of the Act.

35. Non-application of Waste Management (Movement of Hazardous Waste) Regulations, 1998.

36. Provision of false or misleading information, or failure to provide information.

37. Monitoring, inspection, auditing and enforcement.

FIRST SCHEDULE

STATUTORY INSTRUMENTS REVOKED

SECOND SCHEDULE

STATUTORY DECLARATION

THIRD SCHEDULE

APPLICATION FEES PAYABLE

FOURTH SCHEDULE

PROVISIONS OF COMMUNITY ACTS THAT ARE TO BE GIVEN EFFECT TO IN RELEVANT WASTE COLLECTION PERMITS GRANTED BY A LOCAL AUTHORITY.

FIFTH SCHEDULE

REQUIREMENTS FOR PRIOR ANNUAL NOTIFICATION TO THE AGENCY IN RESPECT OF THE COLLECTION AND TRANSPORT OF WASTE, RETURNED OR RECOVERED REFRIGERANT GASES IN REFRIGERANT CONTAINERS AND WASTE, RETURNED OR RECOVERED HALONS IN HALON CONTAINERS

S.I. No. 820 of 2007

WASTE MANAGEMENT (COLLECTION PERMIT) REGULATIONS 2007

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 28th December, 2007.

The Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on him by sections 7, 15, 18, 19, 34, 36 and 50 of the Waste Management Acts 1996 to 2007, hereby makes the following Regulations:—

Citation and commencement

1. (1) These Regulations may be cited as the Waste Management (Collection Permit) Regulations 2007.

(2) These Regulations shall come into operation on 31 March 2008.

Revocations and transitional arrangements

2. (1) Subject to sub-article (2), the Regulations specified in the first schedule to these Regulations (referred to hereafter as “the regulations revoked”) are hereby revoked.

(2) The provisions of the Regulations revoked shall, notwithstanding sub-article (1), continue to apply and have effect in relation to any application that is made, or any waste collection permit which has been granted, before the coming into operation of these Regulations.

(3) Where an application for a review of an existing waste collection permit is made after the coming into effect of these Regulations, the application shall be reviewed pursuant to the procedures set out in articles 23 or 24, as appropriate. On completion of the review of the waste collection permit the full provisions of these Regulations will apply in relation to the activity.

Purpose of Regulations

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

(a) Council Directive 75/439/EEC of 16 June 1975 1 on the disposal of waste oils, as amended by Council Directive 87/101/EEC of 22 December 1986 2 ,

(b) Council Directive 75/442/EEC of 15 July 1975 3 on waste, as amended by Council Directive 91/156/EEC of 18 March 1991 4 and codified under Directive 2006/12/EC of 5 April 2006 5 of the European Parliament and of the Council on waste,

(c) Directive 2006/11/EC of 15 February 2006 6 of the European Parliament and of the Council on pollution caused by certain dangerous substances discharged into the aquatic environment of the community,

(d) Council Directive 80/68/EEC of 17 December 1979 7 on the protection of groundwater against pollution caused by certain dangerous substances,

(e) Council Directive 87/217/EEC of 19 March 1987 8 on the prevention and reduction of environmental pollution by asbestos,

(f) Council Directive 91/676/EEC of 12 December 1991 9 concerning the protection of waters against pollution caused by nitrates from agricultural sources,

(g) Council Directive 91/689/EEC of 12 December 1991 10 on hazardous waste,

(h) Directive 2000/60/EC of 23 October, 2000 11 of the European Parliament and of the Council establishing a framework for Community action in the field of water policy,

(i) Directive 2000/53/EC of 18 September 2000 12 of the European Parliament and of the Council on End-of-Life Vehicles as amended by Council Decision 2005/673/EC of 20 September 2005 13 ,

(j) Directive 2002/96/EC of 27 January 2003 14 of the European Parliament and of the Council on waste electrical and electronic equipment (WEEE), as amended by Directive 2003/108/EC of 8 December 2003 15 of the European Parliament and of the Council,

(k) Directive 94/62/EC of 20 December 1994 16 of the European Parliament and of the Council on packaging and packaging waste, as amended by Directive 2004/12/EC 11 February 2004 17 of the European Parliament and of the Council,

(l) Regulation (EC) No. 2037/2000 of 29 June 2000 18 of the European Parliament and of the Council on substances that deplete the ozone layer, as amended by Regulation (EC) No. 2038/2000 of 29 September 2000 19 of the European Parliament and of the Council, Regulation (EC) No. 2039/2000 of 29 September 2000 20 of the European Parliament and of the Council, Regulation (EC) No. 1804/2003 of 16 October 2003 21 of the European Parliament and of the Council, Commission Regulation (EC) No. 2077/2004 of 4 December 2004 22 , Commission Regulation (EC) No. 29/2006 of 11 January 2006 23 and Commission Regulation (EC) No. 1784/2006 of 4 December 2006 24 ,

(m) Regulation (EC) N0. 2150/2002 of the European Parliament and of the Council of 25 November 2002 25 on waste statistics,

(n) Regulation (EC) No. 1774/2002 of the European Parliament and of the Council of 3 October 2002 26 laying down health rules concerning animal by-products not intended for human consumption, as amended by Commission Regulation (EC) No. 808/2003 of 12 May 2003 27 ,

(o) Regulation (EC) No 850/2004 of the European Parliament and the Council of 29 April 2004 28 on persistent organic pollutants and amending Directive 79/117/EEC 29 , as amended by Council Regulation (EC) No. 1195/2006 30 and Council Regulation (EC) No. 172/2007 31 ,

(p) Regulation (EC) No. 842/2006 of 17 May 2006 32 of the European Parliament and of the Council on certain fluorinated greenhouse gases,

(q) Directive 2000/76/EC of 4 December 2000 33 of the European Parliament and of the Council on the incineration of waste,

(r) Council Directive 91/157/EEC of 18 March 1991 34 on batteries and accumulators containing certain dangerous substances as amended by Commission Directive 93/86/EEC of 4 October 1993 35 and by Commission Directive 98/101/EC of 22 December 1998 36 ,

(s) Directive 2006/66/EC of 6 September 2006 37 of the European Parliament and the Council on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC 38 , and

(t) Directive 2006/118/EC of 12 December 2006 39 of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration.

Interpretation generally.

4. (1) In these Regulations—

(a) any reference to a schedule or article that is not otherwise identified is a reference to a schedule or article of these Regulations, and

(b) any reference to a sub-article or paragraph that is not otherwise identified is a reference to the sub-article or paragraph of the provision in which the reference occurs.

(2) In these Regulations, save where the context otherwise requires—

“the Act” means the Waste Management Acts 1996 – 2007;

“activity” means, in relation to the collection of waste, an activity to which Section 34(1) of the Act applies;

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

“anaerobic digestion” means the biological decomposition of...