Waste Management (Facility Permit and Registration) Regulations, 2007

• Jurisdiction: Ireland

S.I. No. 821 of 2007

WASTE MANAGEMENT (FACILITY PERMIT AND REGISTRATION) REGULATIONS 2007

INDEX

1. Citation.

2. Commencement.

3. Revocations and transitional arrangements.

4. Purpose of Regulations.

5. Interpretation generally.

6. Non-application of section 39(1) of the Act.

7. Notice of intention to apply for a waste facility permit.

8. Requirements as to notices.

9. Making of an application to a local authority for a waste facility permit.

10. Contents of an application for a waste facility permit.

11. Declarations on waste licences, waste facility permits or certificates of registration.

12. Procedure on receipt of an application for a waste facility permit.

13. Further information.

14. Availability and inspection of documents.

15. Submissions to a local authority regarding an application for a waste facility permit.

16. Period for determination of an application for a waste facility permit.

17. Investigations concerning discharges to groundwater.

18. Determination and notice of decision of grant or refusal in relation to a waste facility permit.

19. Conditions which shall be attached to a waste facility permit.

20. Conditions which may be attached to a waste facility permit.

21. Conditions relating to the operation of mobile plant.

22. Offences for the purpose of articles 36 and 38.

23. Amendment to the Waste Management Act 1996

24. Notice and information to the Agency and to the Minister for Agriculture and Food.

25. Notice and information to the local authority regarding a waste facility permit.

26. Amendments to a waste facility permit of a clerical or technical nature.

27. Transfer of a waste facility permit.

28. Withdrawal or abandonment of an application for a waste facility permit.

29. Surrender of a waste facility permit.

30. Notice from the local authority requiring a review of a waste facility permit.

31. Application made by permit holder for the review of a waste facility permit.

32. Procedures to be applied by the local authority in the determination of an application for the review of a waste facility permit.

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

34. Decision on an application for the review of a waste facility permit on the basis of particulars received from the applicant and other persons.

35. Determination and notice of grant or refusal of a reviewed waste facility permit.

36. Revocation of a waste facility permit.

37. Registration of certain activities.

38. Review, amendment, revocation or transfer of a certificate of registration.

39. Surrender of a certificate of registration.

40. Monitoring, inspection, auditing and enforcement.

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

42. Fees payable.

43. False or misleading information or failure to provide information.

44. Defrayal of local authority or Agency costs.

FIRST SCHEDULE

REGULATIONS REVOKED

SECOND SCHEDULE

PROVISIONS OF COMMUNITY ACTS WHICH ARE TO BE GIVEN EFFECT TO IN RELEVANT WASTE FACILITY PERMITS GRANTED BY A LOCAL AUTHORITY OR CERTIFICATES OF REGISTRATION GRANTED BY A LOCAL AUTHORITY OR THE AGENCY

THIRD SCHEDULE

ACTIVITIES TO BE PERMITTED OR REGISTERED

FOURTH SCHEDULE

GENERAL RULES IN RESPECT OF REGISTERED ACTIVITIES

FIFTH SCHEDULE

FEES PAYABLE

S.I. No. 821 of 2007

WASTE MANAGEMENT (FACILITY PERMIT AND REGISTRATION) 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, 32, 39 and 53E of the Waste Management Acts 1996 to 2007, hereby makes the following Regulations:—

Citation

1. These Regulations may be cited as the Waste Management (Facility Permit and Registration) Regulations 2007.

Commencement

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

Revocations and transitional arrangements

3. (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 for a waste permit or a certificate of registration, or any waste permit or certificate of registration which has been granted, before the coming into operation of these Regulations.

(3) A certificate of registration granted under the Regulations revoked in respect of an activity which does not fall within part II of the third schedule and requires a waste facility permit in accordance with part I of the third schedule, shall remain valid if an application for a waste facility permit is made within sixty working days of the coming into operation of these Regulations, until such time as a decision is taken to grant or to refuse a waste facility permit under article 18, at which point the certificate of registration will lapse.

(4) A waste permit granted under the Regulations revoked in respect of an activity which does not fall within part I of the third schedule and which requires a waste licence in accordance with the Waste Management (Licensing) Regulations 2004 ( S.I. No. 395 of 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 coming into operation of these Regulations, 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, at which point the waste facility permit will lapse.

(5) Where an application for a review of an existing waste facility permit is made after the coming into operation of these Regulations, the application shall be reviewed in accordance with the procedures pursuant to articles 30 and 31. On completion of the review of the waste facility permit, the full provisions of these Regulations shall apply in relation to the activity.

(6) Where an application for a review of a certificate of registration is made after the coming into operation of these Regulations, the application shall be reviewed in accordance with the procedures set out in article 38. On completion of the review of the certificate of registration, the provisions of these Regulations will apply in relation to the activity.

Purpose of Regulations

4. 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 the European Parliament and the Council of 5 April 2006 5 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) Directive 2006/118/EC of 12 December 2006 7 of the European Parliament and of the Council on the protection of groundwater against pollution and deterioration.

(e) Council Directive 80/68/EEC of 17 December 1979 8 on the protection of groundwater against pollution caused by certain dangerous substances,

(f) Council Directive 87/217/EEC of 19 March 1987 9 on the prevention and reduction of environmental pollution by asbestos,

(g) Council Directive 91/676/EEC of 12 December 1991 10 concerning the protection of waters against pollution caused by nitrates from agricultural sources,

(h) Council Directive 91/689/EEC of 12 December 1991 11 on hazardous waste,

(i) Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 12 establishing a framework for Community action in the field of water policy,

(j) Directive 2000/53/EC of the European Parliament and of the Council of 18 September 2000 13 on end-of-life vehicles as amended by Council Decision 2005/673/EC of 20 September 2005,

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

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

(m) Regulation (EC) No. 1774/2002 of the European Parliament and of the Council of 3 October 2002 18 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 19 ,

(n) Regulation (EC) No. 2037/2000 of the European Parliament and of the Council of 29 June 2000 20 on substances that deplete the ozone layer, as amended by Regulation (EC) No. 2038/2000 of the European Parliament and of the Council of 29 September 2000 21 , Regulation (EC) No. 2039/2000 of the European Parliament and of the Council of 29 September 2000 22 , Regulation (EC) No. 1804/2003 of the European Parliament and of the Council of 16 October 2003 23 , Commission Regulation (EC) No. 2077/2004 of 4 December 2004 24 and Commission Regulation (EC) No. 29/2006 of 11 January 2006 25 and Commission Regulation (EC) No. 1784/2006 of 4 December 2006 26 ,

(o) Regulation (EC) No. 842/2006 of the European Parliament and of the Council of 17 May 2006 27 on certain fluorinated greenhouse gases,

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