Waste Management (Licensing) Regulations, 2004

• Jurisdiction: Ireland
• Year: 2004
• Citation: IR SI 395/2004

INDEX
PART I PRELIMINARY AND GENERAL 1. Citation and commencement. 2. Revocations. 3. Purpose of Regulations. 4. Interpretation generally. PART II NOTICES REGARDING APPLICATIONS FOR OR REVIEWS OF WASTE LICENCES 5. Notice of intention to apply to the Agency for a waste licence or the review of a waste licence 6. Notices in newspapers. 7. Site notices. 8. Further notice. 9. Notice to the relevant planning authority. 10. Notice by the Agency of intention to review a waste licence. PART III APPLICATION FOR A WASTE LICENCE OR THE REVIEW OF A WASTE LICENCE 11. Making of an application to the Agency. 12. Contents of an application for a waste licence or the review of a waste licence. 13. Certain applications to be accompanied by an environmental impact statement or to comply with other requirements where exemption has been granted. 14. Procedure on receipt of an application. PART IV CONSIDERATION OF APPLICATIONS AND REVIEWS 15. Submissions to the Agency regarding applications. 16. Further information. 17. Impact on the environment in another Member State. 18. Notice to certain public authorities and bodies. 19. Availability and inspection of documents. 20. Defrayal or contribution towards costs of investigations. 21. Withdrawal or abandonment of an application or submission. 22. Notification of proposed decision of applications. PART V OBJECTIONS AND ORAL HEARINGS 23. Circulation of objections. 24. Power of Agency to request a further submission by an objector. 25. Power of Agency to request submission by an objector of documents, particulars or information. 26. Withdrawal or abandonment of an objection. 27. Notification of oral hearing 28. Procedure at oral hearing. 29. Power to require attendance at oral hearings. 30. Adjournment or re-opening of an oral hearing. 31. Replacement of person or persons appointed to hold an oral hearing. 32. Matters which may be taken into account by the Agency. 33. Period for consideration of an objection. 34. Notice of Agency's decision on an application. PART VI GRANT AND REVIEW OF A WASTE LICENCE 35. Conditions necessary to give effect to certain provisions of Community acts. 36. Conditions regarding gas control at a landfill facility. 37. Conditions regarding the recovery or disposal of waste oil. 38. Operation of mobile plant. 39. Review of waste licence authorising discharges to groundwa PART VII LICENSING FEES 40. Fee for application for a waste licence. 41. Fee for application for review or surrender of a waste licence. 42. Fee for the making of objections. 43. Fee for application for transfer of a waste licence. 44. Fee for request for an oral hearing. 45. Discretionary power to refund or waive fee in certain circumstances. PART VIII MISCELLANEOUS 46. Prescribed offences for the purpose of section 40(7) of the Act. 47. Criteria for the determination by the Agency of a relevant person. 48. Classification of landfill facilities. 49. Wastes prohibited from landfill. 50. Waste to be accepted in different classes of landfill. 51. Statements in relation to landfill charges. 52. Existing landfill facilities. 53. Exemptions from the Landfill Directive and these Regulations.
FIRST SCHEDULE REGULATIONS REVOKED SECOND SCHEDULE FEES THIRD SCHEDULE PROVISIONS OF COMMUNITY ACTS WHICH ARE TO BE GIVEN EFFECT IN RELEVANT WASTE LICENCES GRANTED BY THE AGENCY
S.I. No. 395 of 2004
WASTE MANAGEMENT (LICENSING) REGULATIONS 2004
The Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on him by sections 7 , 18 , 19 , 39 , 40 , 41 , 42 , 44 , 45 , 46 , 50 , 53 and 53A of the Waste Management Act 1996 (as amended) and by section 3 of the European Communities Act 1972 (No. 27 of 1972), hereby makes the following Regulations:-
PART I PRELIMINARY AND GENERAL
	Citation and commencement.	1. (1) These Regulations may be cited as the Waste Management (Licensing) Regulations 2004.
(2) These Regulations shall come into operation on the 12th day of July 2004.
	Revocations.	2. (1) Subject to sub-article (2), the Regulations specified in the First Schedule to these Regulations 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 review that is notified under section 42(1)(b) of the Act, before the coming into operation of these Regulations.
	Purpose of Regulations.	3. The purposes for which these Regulations are made include the purpose of giving effect to provisions of-
(a) Council Directive 75/439/EEC of 16 June 1975 on the disposal of waste oils, as amended by Council Directive 87/101/EEC of 22 December 19861 ,
(b) Council Directive 75/442/EEC of 15 July 1975 on waste, as amended by Council Directive 91/156/EEC of 18 March 19912 ,
(c) Council Directive 80/68/EEC of 17 December 1979 on the protection of groundwater against pollution caused by certain dangerous substances3 ,
(d) Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, as amended by Council Directive 97/11/EC of 3 March 19974 ,
(e) Council Directive 87/217/EEC of 19 March 1987 on the prevention and reduction of environmental pollution by asbestos5 ,
(f) Council Directive 91/689/EEC of 12 December 1991 on hazardous waste6 ,
(g) Council Directive 96/59/EC of 16 September 1996 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls7 ,
(h) Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control8 , and
(i) Council Directive 99/31/EC of 26 April 1999 on the landfill of waste9 .
	Interpretation generally.	4. (1) In these Regulations, any reference to a Schedule, Part or article that is not otherwise identified is reference to a Schedule, Part or article of these Regulations.
(2) In these Regulations, 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.
(3) In these Regulations, save where the context otherwise requires -
“the Act” means the Waste Management Act 1996 , as amended by the Waste Management (Amendment) Act 2001 (No. 36 of 2001), the Planning and Development Act 2000 (No. 30 of 2000) and the Protection of the Environment Act 2003 (No. 27 of 2003);
“the Act of 1992” means the Environmental Protection Agency Act 1992 (No. 7 of 1992) as amended by the Protection of the Environment Act 2003 ;
“the Act of 2000” means the Planning and Development Act 2000 ;
“the Agency” means the Environmental Protection Agency established under section 19 of the Act of 1992;
“application” means an application for a waste licence or for the review of a waste licence;
“applicant” means an applicant for a waste licence or for the review of a waste licence;
“decontamination”, in relation to PCBs, used PCBs and equipment containing PCBs, means any operation which enables equipment, objects, materials or fluids contaminated by PCBs to be recovered or disposed of without causing environmental pollution, including the replacement of PCBs by fluids which do not contain PCBs, and “decontaminated” shall be construed accordingly;
“development” has the meaning assigned to it in the Act of 2000;
“inert waste” means waste -
(i) that does not undergo any significant physical, chemical or biological transformations;
(ii) that will not dissolve, burn or otherwise physically or chemically react, biodegrade or adversely affect other matter, or be adversely affected by other matter, including waters, with which it comes into contact in a way that causes or is likely to cause environmental pollution, and
(iii) in particular, will not endanger the quality of surface water or groundwater;
“infectious” means, in relation to waste, substances containing viable microorganisms or their toxins which are known or reliably believed to cause disease in persons or other living organisms;
“Landfill Directive” means Council Directive 99/31/EC of 26 April 1999 on the landfill of waste10 ;
“leachate” has the meaning assigned to it in section 5 of the Act, and “leachability” and “leaching behaviour” shall be construed accordingly;
“liquid waste” means any waste in liquid form, including waste waters but excluding sludge;
“integrated pollution prevention and control licence” means a licence or revised licence granted under Part IV of the Act of 1992 to which a landfill facility is subject;
“Member State” means a Member State of the European Communities;
“mobile plant” means any plant used for or in relation to the holding, recovery or disposal of waste, which is designed to be transported between, and used at, different facilities, other than mobile plant used for the disposal of waste for the time being specified in section 51(2)(a) of the Act;
“new landfill facility” means a landfill facility which -
(i) came or comes into operation, and
(ii) is subject to a waste licence or an integrated pollution prevention and control licence that was or is granted,
on or after 16 July 2001;
“objection” means an objection under section 42 of the Act and “objector” shall be construed accordingly;
“oral hearing” means an oral...