Waste Management (Prohibition of Waste Disposal By Burning) Regulations, 2009

• Jurisdiction: Ireland
• Citation: IR SI 286/2009
• Year: 2009

INDEX

1. Citation

2. Purpose of these Regulations

3. Interpretation

4. Prohibitions

5. Permissible disposal of waste by burning

6. Certificate of Registration

7. False or misleading information or failure to provide information

SCHEDULE

Statutory Notice

S.I. No. 286 of 2009

WASTE MANAGEMENT (PROHIBITION OF WASTE DISPOSAL BY BURNING) REGULATIONS 2009

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 31st July, 2009.

The Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on him by section 7, 18 and 39 of the Waste Management Acts 1996 to 2008 and section 53 of the Air Pollution Act, 1987 (hereinafter referred to as the Act of 1987) hereby makes the following regulations:

Citation

1. These Regulations may be cited as the Waste Management (Prohibition of Waste Disposal by Burning) Regulations 2009.

Purpose of these Regulations

2. The purposes for which these Regulations are made include the prohibition of the disposal of waste by burning and the prevention of environmental pollution by such disposal.

Interpretation

3. In these Regulations—

(1) any reference to a Regulation or Schedule is a reference to a Regulation of, or Schedule to, these Regulations.

(2) “burning” means the combustion of waste—

(a) with or without control of the combustion air, and

(b) without an adequate stack or chimney so as to result in the emission of combustion products to the atmosphere in a manner that causes or is likely to cause environmental pollution;

“Facility Permit Regulations” means the Waste Management (Facility Permit and Registration) Regulations 2007 ( S.I. No. 821 of 2007 ) as amended by the Waste Management ((Facility Permit and Registration (Amendment)) Regulations 2008 ( S.I. No. 86 of 2008 ); and

“IPPC licence” means a licence for the purposes of Part IV of the Environmental Protection Agency Acts 1992 to 2007.

Prohibitions

4. (1) Except as provided for in Regulation 5, a holder of waste shall not dispose of it by burning.

(2) (a) The owner or holder of a device, or

(b) The owner or occupier of a facility or lands which may facilitate the burning of waste shall take all reasonable steps to ensure that such a device, facility or lands is not used for the burning of waste, other than in accordance with—

(i) Regulation 6(2) of the Facility Permit Regulations, or

(ii) any Regulations which may be made under Section 53 of the Act of 1987, or

(iii) Regulation 5.

(3) Household waste shall not be disposed of by burning either within a building, the curtilage of a building, any self contained part of a building used for the purposes of living accommodation or its curtilage other than in accordance with—

(a) Regulation 6(2) of the Facility Permit Regulations, and

(b) any Regulations which may be made under Section 53 of the Act of 1987.

(4) Waste burners and other devices, whether designed primarily for the disposal of waste by burning or otherwise, and whether or not such devices are fitted with or attached to a stack or flue, shall not be used for waste disposal other than in accordance with any Regulations which may be made under the Act of 1987.

Permissible disposal of waste by burning

5. (1) Without prejudice to any other enactment or rule of law, Regulation 4 shall not apply when the following conditions are fulfilled—

(a) the burning of waste relates solely to material consisting of uncontaminated (free of dangerous substances, preservatives or other artificial impregnation or coating) wood, trees, tree trimmings, leaves, brush, or other similar waste generated by agricultural practices, but excluding garden and park wastes and cemetery wastes and wastes arising from infrastructural development works, provided that such burning is done as a final measure following the application of the following waste hierarchy—

(i) waste...