Waste Management (Facility Permit and Registration) (Amendment) Regulations, 2008

• Jurisdiction: Ireland
• Citation: IR SI 86/2008
• Year: 2008

S.I. No. 86 of 2008

WASTE MANAGEMENT (FACILITY PERMIT AND REGISTRATION) (AMENDMENT) REGULATIONS 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 8th April, 2008.

The Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on him by sections 7, 15, 18, 19, 32, 39 and 53E of the Waste Management Acts 1996 to 2007, hereby makes the following Regulations:—

1. These Regulations may be cited as the Waste Management (Facility Permit and Registration) (Amendment) Regulations 2008.

2. The Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. 821 of 2007) are hereby amended by:—

(a) The substitution of the following article for article 2—

“2. These Regulations shall come into operation on 01 June 2008.”;

(b) The insertion in paragraph (a) of sub-article 6(3) after “from time to time,” of “or”;

(c) The insertion in sub-article 10(1) after “An application for a waste facility permit” of “or a certificate of registration, as the case may be,”;

(d) The substitution of the following sub-paragraph for sub-paragraph (ii) of paragraph 10(1)(l)—

“(ii) Part I or Part II, as the case may be, of the third schedule of these Regulations, and in the case of two or more activities identify the principal activity,”;

(e) The substitution of the following sub-article for sub article 10(2)—

“(2) The information to be provided under paragraphs (dd) and (ee) of sub-article (1) shall

(a) in a case where the applicant is a body corporate, include such information in relation to the applicant and to—

(i) each director, manager, company secretary or other similar officer of that body corporate, and

(ii) each body corporate in relation to which a director, manager, company secretary or other similar officer of the applicant body corporate is, or was, at any time during the period of 10 years prior to the making of the application, a director, manager, company secretary or other similar officer.

(b) in a case where the applicant is a person or a partnership, include such information in relation to the applicant and each body corporate in which the person or any partner, as the case may be, is, or was, at any time during the period of 10 years prior to the making of the application, a director, manager, company secretary or other similar officer.”;

(f) The substitution of the following paragraph (a) for paragraph (a) of sub-article 11(5)—

“(a) an activity the subject of a waste facility permit which has been determined by the Agency to now require a waste licence in accordance with the Waste Management (Licensing) Regulations 2004, as may be amended from time to time, shall remain valid if an application for a waste licence is made to the Agency within 180 working days of the date of notification in writing of a determination by the Agency, until such time as a decision is taken to grant or to refuse a waste licence under article 34 of the Waste Management (Licensing) Regulations 2004, as may be amended from time to time, or the permit is reviewed under article 35, or”;

(g) The substitution of the following paragraph (b) for paragraph (b) of sub-article 11(5)—

“(b) an activity the subject of a certificate of registration which has been determined by the Agency to now require a waste licence in accordance with the Waste Management (Licensing) Regulations 2004, as may be amended from time to time, shall remain valid if an application for a waste licence is made to the Agency within 180 working days of the date of notification in writing of a determination by the Agency, until such time as a decision is taken to grant or to refuse a waste licence under article 34 of the Waste Management (Licensing) Regulations 2004, as may be amended from time to time, or until the certificate of registration has been reviewed under article 38, or”;

(h) The substitution of the following paragraph (c) for paragraph (c) of sub-article 11(5)—

“(c) an activity the subject of a certificate of registration which has been determined by the Agency to now require a waste facility permit, shall remain valid if an application for a waste facility permit is made to the local authority within 60 working days of the date of notification in writing of a determination by the Agency, until such time as a decision is taken to grant or to refuse a waste facility permit under article 18 of these Regulations, or the certificate of registration has been reviewed under article 38, or”;

(i) The substitution of the following sub-article for sub-article 12(2)—

“(2) Within a period of 10 working days following receipt of an application for a waste facility permit, a local authority shall—

(i) decide whether the requirements of article 7, sub-articles 8(1), 8(2), 8(3) and article10 have been complied with, and

(ii) comply with the relevant requirements of article 41.”;

(j) The substitution of the following sub-article for sub-article 12(8)—

“(8) The local authority shall not serve a notice under sub-article 7 any later than 5 working days after the making of its decision in accordance with sub-article (2).”;

(k) The substitution of the following sub-article for sub-article 12(11)—

“(11) Where a local authority considers, in accordance with sub-article (2), that the requirements of article 7, sub articles 8(1), 8(2), 8(3) and article 10 have been complied with in respect of an application, it shall, within 5 working days of making its decision,

(a) send to the applicant an acknowledgement of receipt of a valid application,

(b) notify the Agency that a valid application has been received,

(c) notify the Minister for Agriculture and Food, where the application is made for a waste facility permit which is concerned with the composting of animal by-products within the meaning of Regulation (EC) No. 1774/2002, and such notice shall be accompanied by a copy of the said application,

(d) in the case of an application which is concerned with the development or improvement of land, where the—

(i) applicant states in article 10(1) that the facility is located in, on or adjacent to, or impinges upon a European site, or

(ii) local authority considers, in its reasonable opinion, that the facility has the potential to impinge upon a European site,

the local authority shall notify the Minister for the Environment, Heritage and Local Government that the application has been made and such notice shall be accompanied by a copy of the said application.”;

(l) The substitution of the following sub-article for sub-article 14(3)—

“(3) The documents and information specified at sub-article (2) shall be made available for public inspection during office hours at the principal office of the local authority from as soon as may be after making a decision under article 12 that the application is valid.”;

(m) The insertion after paragraph (e) of sub-article 18(4) of the following—

“A local authority may, if it considers it proper to do so in any particular case, regard a person as a fit and proper person for the purposes of this Part notwithstanding that that person or any other relevant person has been convicted of an offence under the Act, the Environmental Protection Agency Acts 1992 and 2003, the Local Government (Water Pollution) Acts 1977 and 1990 or the Air Pollution Act 1987 .”;

(n) The substitution of the following paragraph for paragraph (d) of sub-article 22(d)—

“(d) an offence under article 9 of the Waste Management (Transfrontier Shipment of Waste) Regulations 2007 1 ,”;

(o) The substitution of the following paragraph for paragraph (a) of sub-article 24(1)—

“(a) by notice in writing, or in such a manner as may be specified by the Agency, inform the Agency in accordance with article 18(5), within 10 working days, of any waste facility permit or certificate of registration granted by the authority, and”;

(p) The insertion after sub-article 24 (2) of the following—

“(3) A waste facility permit or certificate of registration holder shall furnish such information to the Agency in relation to waste collected, accepted, sorted, transferred, recycled, recovered, disposed of, brokered, or otherwise managed or treated within a specified period, in such form and at such frequency as may be specified by the Agency.”;

(q) The substitution of the following paragraph for paragraph (c) of sub-article 29(2)—

“(c) waste facility permit is revoked under article 36, or”;

(r) The substitution of the following paragraph for paragraph (d) of sub-article 29(2)—

“(d) waste facility permit is refused under articles 18 or 35.”;

(s) The substitution of the following sub-article for sub-article 29(5)—

“(5) On surrender of the waste facilty permit notwithstanding the provisions of this article, the local authority may decide that any bond or financial security required under article 19(1)—

(a) shall be maintained in place for such period as the authority may require, or

(b) may be released to the permit holder.”;

(t) The substitution of the following sub-article for sub-article 31(1)—

“(1) A waste facility permit holder may, at any time, submit an application to a local authority to review a waste facility permit but in any event, in accordance with the provisions of article 35(8), no later than 60 working days before the date of expiry of an existing waste facility permit if it is to remain in force until such time as a reviewed waste facility permit is granted or refused under article 35 or, as the case may be, a new waste facility permit is granted under article 18, or the existing permit is revoked under article 36.”;

(u) The insertion after paragraph (d) of sub-article 35(6) of the following—

“A local authority may, if it considers it proper to do so in any particular case, regard a person as a fit and proper person for the purposes of this Part...