Waste Management (Movement of Hazardous Waste) Regulations, 1998

• Jurisdiction: Ireland
• Citation: IR SI 147/1998
• Year: 1998

S.I. No. 147 of 1998.

WASTE MANAGEMENT (MOVEMENT OF HAZARDOUS WASTE) REGULATIONS, 1998

In exercise of the powers conferred on the Minister for the Environment and Local Government by sections 7 , 15 , 18 and 36 of the Waste Management Act, 1996 (No. 10 of 1996), which said powers are delegated to me by the Environment and Local Government (Delegation of Ministerial Functions) (No. 2) Order, 1997 ( S.I. No. 428 of 1997 ), I, Dan Wallace, Minister of State at the Department of the Environment and Local Government, hereby make the following Regulations:— 1. (1) These Regulations may be cited as the Waste Management (Movement of Hazardous Waste) Regulations, 1998.

(2) These Regulations shall come into operation on the 20th day of May, 1998. 2. The purposes for which these Regulations are made include the purpose of giving effect to provisions of—

(a) Council Directive 91/689/EEC of 12 December, 1991 on hazardous waste (1), and

(b) Council Regulation (EEC) No. 259/93 of 1 February, 1993 on the supervision and control of shipments of waste within, into and out of the European Community (2) as amended. 3. (1) In these Regulations, any reference to an article or sub-article which is not otherwise identified is a reference to, respectively, an article of these Regulations or to a sub-article of the provision in which the reference occurs.

(1) O.J. No. L 377/20, 31 December, 1991.

(2) O.J. No. L 30/1, 6 February, 1993.

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

"the Act" means the Waste Management Act, 1996 ;

"carrier" means a person who undertakes the movement of waste, other than a consignor, and includes a representative of that person;

"consignee" means a person to whom waste is moved for recovery or disposal and includes a representative of that person;

"consignor" means a producer or holder of waste who causes such waste to be moved from the premises at which it is being held, and includes a representative of that person;

"representative" means a person in the employment of, and duly authorised to act on behalf of, another person. 4. A person shall not consign, move from the premises where it is being held, or accept, or facilitate by consent, connivance or neglect the consignment, movement or acceptance of, hazardous waste otherwise than in accordance with the requirements of these Regulations. 5. (1) Subject to sub-article (3), a consignor shall not—

(a) in the course of transferring hazardous waste to another person, mix together hazardous waste of one category with hazardous waste of any other category or with any non-hazardous waste, or

(b) transfer hazardous waste to another person unless all containers or other packaging to be used for the movement of the waste are labelled in accordance with Community and other standards which are in force in relation to such labelling.

(2) A carrier shall take due precautions to ensure that—

(a) waste consigned in separate containers are not mixed together, and

(b) the labelling provided for under sub-article (1)(b) is maintained in a legible condition at all times,

while the carrier is the holder of the waste in question.

(3) (a) Sub-article (1) shall not apply in relation to the mixture of wastes in a consignment where such mixture has been approved in writing by the local authority in whose functional area the said consignment originates.

(b) A local authority shall not grant an approval under paragraph (a) unless it is satisfied that the mixture of the wastes in question is warranted and will not contravene section 32(1) of the Act. 6. (1) Subject to sub-article (2), a consignment note shall be completed and copies thereof transmitted in accordance with articles 7 or 8, as appropriate, in respect of each consignment of hazardous waste which is moved within the State.

(2) Articles 7 and 8 shall not apply in respect of a consignment of hazardous waste—

(a) in relation to which there is in force a certificate issued under article 8 of the Waste Management (Transfrontier Shipment of Waste) Regulations, 1998;

(b) the movement of which is undertaken by or on behalf of a local authority or the Agency;

(c) the movement of which is undertaken on foot of a direction given under section 14(5)(a) of the Act.

(3) A consignment note shall—

(a) be obtained from the local authority in whose functional area the consignment of hazardous waste to which it relates originated,

(b) be in three Parts, labelled A, B and C, in such form as may from time to time be specified by the Minister, and

(c) comprise five bound and numbered copies. 7. (1) Subject to article 9, the following provisions shall apply in respect of a consignment of hazardous waste which is moved by a carrier—

(a) the consignor shall, before transferring the consignment to a carrier...