Waste Management (Facility Permit and Registration) (Amendment) Regulations 2015

• Jurisdiction: Ireland
• Year: 2015
• Citation: IR SI 198/2015

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 39 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 (Facility Permit and Registration) (Amendment) Regulations 2015.

Amendment to the Waste Management (Facility Permit and Registration) Regulations 2007

2. The Waste Management (Facility Permit and Registration) Regulations 2007 (No. 821 of 2007) are amended:-

(a) In Article 38(3)(b) by the insertion of "under article 37(15)" after "the local authority or, as the case may be, the Agency shall not to decide to amend conditions attached";

(b) By inserting the following two articles after article 39—

“Amendments to a certificate of registration of a clerical or technical nature.

39A(1) Notwithstanding the requirements pursuant to article 38 or of any other provision concerning the recovery and disposal of waste, a local authority, or the Agency as the case may be, may supplement the rules applicable to an existing certificate of registration under the fourth schedule to the Regulations for the purposes of—

(a) correcting any clerical error therein,

(b) facilitating the doing of anything pursuant to a rule applicable to the certificate of registration where the doing of that thing may reasonably be regarded as having been contemplated by the terms of the rules in respect of the registered activity as set out in the fourth schedule taken as a whole but which was not expressly provided for in the rules,

(c) updating the rules applicable to an existing certificate of registration to take account of scientific or technological progress,

(d) facilitating the application of new, or the amending of existing rules to an existing certificate of registration which are necessary for the operation of the facility in accordance with new or revised requirements, through the incorporation of any new requirements in the fourth schedule to these Regulations as may be amended from time to time to facilitate compliance by the registration holder with any minimum technical requirements that may be established, amended or deemed necessary by the local authority or, as the case may be, the Agency as a result of—

(i) a change in legislation, or

(ii) the introduction of new, or amendments to existing, Community acts, or

(e) otherwise facilitating the operation of the certificate of registration.

(2) The local authority or the Agency shall ensure that the making of any amendment under sub-article (1) does not result in the relevant requirements of article 37(12) ceasing to be satisfied.

(3) The local authority or the Agency shall, where appropriate, consult with the registration holder before exercising its powers under sub-article (1).

(4) The local authority or the Agency shall, as soon as may be after the exercise of the power under sub-article (1), notify particulars of the amendment effected by that exercise to—

(a) the registration holder,

(b) the Agency or the local authority, as appropriate,

(c) the Minister for Agriculture and Food, as appropriate, in the case where the Certificate of Registration is concerned with the treatment of animal by-products within the meaning of Regulation (EC) No. 1069/2009, and

(d) the Minister for the Arts, Heritage and the Gaeltacht, as appropriate, in the case where the Certificate of Registration is concerned with the development or improvement of land which has the potential to impinge upon a European site.

Notice of amendment to a certificate of registration of a clerical or technical nature

39B.(1) Where a local authority or, as the case may be, the Agency decides, pursuant to article 39A, to modify an existing Certificate of Registration through amendments of a clerical or technical nature, it shall give notice in writing of such intention to the registration holder.

(2) A notice given under sub-article (1) in relation to the intention to amend the rules applicable to the existing Certificate of Registration shall—

(a) inform the registration holder of the decision of the local authority or, as the case may be, the Agency to amend the rules applicable to the existing Certificate of Registration under Article 39A,

(b) state that-

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

(ii) the current expiry date of the Certificate of Registration shall remain the same following the amendment of the rules,

(c) where appropriate, include a copy of-

(i) any supplementary rules that are being applied to the existing Certificate of Registration as a result of a clerical or technical amendment being made pursuant to sub-articles 39A (1)(a), (b), (c) or (e),

(ii) the revised rules applicable to the activity as a result of an amendment to the fourth schedule, pursuant to sub-article 39A(1)(d).”

(c) By inserting the following Part after Part VI of the fourth schedule to the Regulations-

“PART VII

ADDITIONAL RULES FOR PAY TO USE COMPACTOR UNITS ACCEPTING HOUSEHOLD WASTE

In this Part,

“household waste” means that fraction of household waste brought from a household premises by a householder for consignment to a pay to use compactor as appropriate 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.

“food waste” includes any food substance used, available to be used, or intended to be used, for food by human persons and discarded as household waste.

The registration holder shall comply with the following requirements in relation to the acceptance of household waste:

(1) Use of the Facility shall be confined to the reception of household waste.

(2) Without prejudice to the power of any local authority to provide for additional policy objectives under a relevant waste management plan, the Facility shall at least, subject to rule (4), provide separate receptacles for the acceptance of segregated fractions of recyclable material and non-recyclable material.

(3) Without prejudice to the power of any local authority to provide for additional policy objectives under a relevant waste management plan, the facility must also provide a separate receptacle for the acceptance of segregated food waste in accordance with the time schedule prescribed for population agglomerations as set out in the European Union (Household Food Waste and Bio-Waste) Regulations, 2015:

(a) from 1 July, 2015 where the facility is situated in a population agglomeration of more than 1,500 persons; and

(b) from 1 July, 2016 where the facility is situated in a population agglomeration of more than 500 persons,,

(4) The facility shall be equipped to weigh each and every individual deposit of the various segregated fractions of household waste accepted at the facility waste separately on and after 1 July, 2015 and report, in writing, this weight to the person or persons who presented the household waste for acceptance.

(5) The Facility shall, in accordance with the requirements of rule (4), use a weighing system to weigh the segregated fractions of household waste 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 deposit of household waste.

(6) The Facility shall use a weighing system to weigh household waste in accordance with rule (4) of accuracy Class Y (b) or better, where such a weighing system shall have a resolution of 1 kilogramme (kg) or better, in accordance with the Legal Metrology (General) Regulations 2008.

(7) The Facility operator shall prepare a customer charter for household waste in the...