Waste management

Implementation of waste directives

These Directives are implemented in Ireland by the Environmental Protection Agency Act 1992, the Waste Management Act 1996, the Waste Management (Amendment) Act 2001 and the Protection of the Environment Act 2003. Several statutory instruments deal with specific aspects of EU Directives.

The Department of the Environment, Community and Local Government has overall responsibility for waste management policy. That policy and the legislation are implemented largely by the Environmental Protection Agency and the local authorities. The current waste management policy is set out in Changing Our Ways and Preventing and Recycling Waste: Delivering Change which was published in 1998. Among other things, this policy document sets out the policy on reduction in the use of landfill for waste disposal and sets targets for recycling.

The Waste Management Acts provide for a general duty on everyone not to hold, transport, recover or dispose of waste in a manner that causes or is likely to cause environmental pollution.

Environmental Protection Agency (EPA) and waste
The EPA's main activities in the waste management area are:

• Drawing up and reviewing the National Hazardous Waste Management Plan
• The integrated pollution prevention and control (IPPC) licensing system which deals with the generation, recovery and disposal of waste
• Development of criteria and procedures for the selection, management, operation and ending of use of landfill sites
• Authorisation of waste imports
• Establishment and maintenance of a national waste database

Local authorities
The local authorities are responsible for:

• Drawing up and reviewing waste management plans for non-hazardous wastes
• Authorisation and control of commercial waste collection activities
• Authorisation of waste exports and monitoring of internal movements of hazardous wastes
• Waste permits for small-scale recovery and disposal activities
• Ensuring adequate waste collection, recovery and disposal arrangements in their areas
• Monitoring and inspection of waste activities generally

Waste Management Plans
The EPA is responsible for the National Hazardous Waste Management Plan. The plan must be reviewed at least once every five years.

The local authorities are responsible for local Waste Management Plans. Local authorities have been encouraged to co-operate in the drawing up of regional plans where appropriate. The Minister for the Environment, Community and Local Government has the power to require two or more local authorities to draw up a regional plan.

The local and regional plans deal with non-hazardous waste and must include measures to:

• Prevent or minimise the production or harmful nature of waste
• Encourage and support the recovery of waste
• Ensure that the waste which cannot be prevented or recovered is disposed of without causing environmental pollution
• Ensure that the 'polluter pays' principle is effectively applied

Under the Waste Management (Amendment) Act 2001 the making of waste management plans became an executive function of the local authrity – this means that the county or city manager has the power to make the plan.

The local authority must publish a notice of its intention to draw up or review a plan. Anyone may make a written submission within two months of this notice. When the proposed plan is drawn up, it must be available for inspection and you have two months to make submissions about it. The plans must be reviewed at least once every five years.

Waste licences
Certain facilities which deal with the generation, recovery and disposal of waste require a licence from the EPA. The procedure is the same as for the IPPC licences. The EPA keeps a public register of waste licences.

Before granting a waste licence, the EPA must be satisfied, among other things, that

• The emissions from the facility comply with the relevant standards
• The activity concerned will not cause environmental pollution
• The best available technology will be used to minimise emissions
• The applicant is a fit and proper person to hold a waste licence

The local authorities operate a permit system for certain waste disposal and recovery activities which do not require a licence from the EPA. The application must give public notice of intention to apply for such a permit. The application must be available for inspection at the local authority’s offices and anyone may make a written submission about it. A permit may be granted for up to three years and may have various conditions attached. The local authority must keep a register of these permits and must inform the EPA.

Waste collection permits
The collection of waste on a commercial basis requires a waste collection permit from the local authority. An applicant for a waste collection permit must publish a notice of intention to apply and must give details of what is to be collected and how this is to be done. The application may be inspected at the local authority’s office and anyone may make a written submission on it in the six weeks after it is made. If you make such a submission, you must be told of the local authority’s decision.

The local authority may attach various conditions to the permit including conditions relating to the use of skips in public places. For example, it may require that skips be lighted at night. (This may also be a requirement under bye laws issued under the Roads Act 1993. Section 72 of the Road Act 1993 allows local authorities to make bye-laws governing the use of skips on public roads)

Permits must be reviewed at least once every two years. The local authority must tell the EPA about all permits granted and the EPA keeps a register of these permits. The local authority must also keep a register of applications and of permits issued.

Household waste
Local authorities have a general obligation to collect or arrange for the collection of domestic waste. There are some exceptions to this, for example, if the costs involved would be too large. The local authority may require householders to present waste in a particular way – for example, it may require that you use certain kinds of bins. It is obliged to provide facilities for the recovery and disposal of household waste and it may provide facilities to which you may bring waste or certain kinds of waste (generally known as 'bring facilities')

Local authorities may charge for waste collection services. Under the Protection of the Environment Act 2003, the Manger is given the power to decide the level of charges and who is entitled to a waiver. This Act also gives the local authorities the power to refuse to collect waste from householders who have not paid the charges.

Producer responsibility obligations
'Producer responsibility obligation' means a requirement to take steps for the purpose of the prevention, minimisation, limitation or recovery of waste by the producer of the waste. Everyone who carries on any agricultural, commercial or industrial activity is obliged to prevent or minimise the production of waste from that activity.

There is a voluntary agreement between the Government and Repak Ltd to promote, co-ordinate and finance the collection and recovery of packaging waste in order to achieve the objectives set out in the Packaging Waste Directive (see above). There is an equivalent scheme in operation for farm plastics. A similar scheme operates for end-of-life vehicles.