Waste Management Act 1996

Monitoring and inspection.

15

15. (1) ( a) Each local authority and the Agency shall carry out, or cause to be carried out, such monitoring of the nature, extent and effects of emissions to the environment arising from the holding, recovery or disposal of waste as it considers to be necessary for the performance of its functions under this Act.

F45 [ ( b )(i) Establishments or undertakings which carry out waste treatment operations, establishments or undertakings which collect or transport waste on a professional basis, brokers and dealers, and establishments or undertakings which produce hazardous waste, shall be subject to appropriate periodic inspections by the local authorities, the Agency and Dublin City Council, as appropriate.

(ii) Inspections concerning collection and transport operations shall cover the origin, nature, quantity and destination of the waste collected and transported.

(iii) The authorities referred to in subparagraph (i) may take account of registrations obtained under the Community Eco-Management and Audit Scheme (in this Act referred to as EMAS ), in particular regarding the frequency and intensity of inspections. ]

F45 [ (2)( a ) The persons referred to in section 39(1) , the producers of hazardous waste and the establishments and undertakings which collect or transport hazardous waste on a professional basis, or act as dealers and brokers of hazardous waste, shall keep a chronological record of the quantity, nature and origin of the waste, and, where relevant, the destination, frequency of collection, mode of transport and treatment method foreseen in respect of the waste, and shall make that information available, on request, to the local authorities, the Agency or Dublin City Council, as appropriate.

( b ) For hazardous waste, the records shall be preserved for at least 3 years (except in the case of establishments and undertakings transporting hazardous waste which shall keep such records for at least 12 months).

( c ) Documentary evidence that the management operations have been carried out shall be supplied by the establishment or undertaking concerned at the request of the local authorities, the Agency or Dublin City Council, or of a previous holder, as appropriate. ]

(3) ( a) Where it appears necessary so to do for any purpose of this Act, a local authority or the Agency may require any person who holds or is in control of the recovery or disposal of any waste to carry out or arrange to have carried out such monitoring in relation to the activity concerned as the local authority or the Agency may specify and to keep and to supply to the local authority or the Agency such records of the said monitoring as the local authority or the Agency may specify.

( b) A person who fails to comply with a requirement under this subsection shall be guilty of an offence.

(4) Each local authority and the Agency shall, if so requested by the Minister, supply to the Minister or to any person specified by the Minister, at such intervals and in such manner as the Minister may require, records of any monitoring carried out under this section that are in its possession or control.

(5) Each local authority and the Agency shall carry out or take or cause to be carried out or taken such monitoring or other measures as it considers necessary to verify that any monitoring or records of such monitoring required by it under subsection (3) to be carried out or kept are being carried out or kept.

(6) Without prejudice to any other provisions of this Act, the Minister shall make regulations requiring the making of payments to the Agency or a local authority by any person holding, dealing in, or in control of the recovery or disposal of, waste for the purpose of defraying costs which may be incurred by the Agency or local authority in carrying out any monitoring or inspection or taking other measures under this section in relation to the activities aforesaid of that person.

(7) A defrayment, the payment of which is required under regulations under this section, shall be payable on demand and, in default of being so paid, shall be recoverable from the person concerned by the Agency or local authority concerned as a simple contract debt in any court of competent jurisdiction.

Annotations:

Amendments:

F45

Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 2011), reg. 6.

Modifications (not altering text):

C7

Application of subs. (2) restricted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 36.

Hazardous waste produced by households

36. (1) Section 15(2) of the Act of 1996 and Regulations 33, 34, 35 and 45 shall not apply to mixed waste produced by households.

(2) Section 15(2) of the Act of 1996 and Regulations 35 and 45 shall not apply to separate fractions of hazardous waste produced by households until they are accepted for collection, disposal or recovery by an establishment or an undertaking which has obtained a waste licence or has been registered in accordance with section 39(1) of the Act of 1996 or Regulation 39.

Editorial Notes:

E119

Power pursuant to section exercised (16.01.2016) by Waste Management (Collection Permit) (Amendment) Regulations 2016 (S.I. No. 24 of 2016).

E120

Offence under subs. (3) prescribed (24.07.2013) for purposes of Environmental Protection Agency Act 1992 (7/1992), s. 84(4)(a), by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 41(d).

E121

Power pursuant to section exercised (31.03.2008) by Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), in effect as per reg. 2.

E122

Power pursuant to section exercised (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), in effect as per reg. 1(2).

E123

Power pursuant to section exercised (31.03.2008) by Waste Management (Collection Permit) (Amendment) Regulations 2008 (S.I. No. 87 of 2008).

E124

Power pursuant to section exercised (31.03.2008) by Waste Management (Facility Permit and Registration) (Amendment) Regulations 2008 (S.I. No. 86 of 2008).

E125

Power pursuant to section exercised (20.05.1998) by Waste Management (Miscellaneous Provisions) Regulations 1998 (S.I. No. 164 of 1998), in effect as per reg. 1(2).

E126

Power pursuant to section exercised (20.05.1998) by Waste Management (Hazardous Waste) Regulations 1998 (S.I. No. 163 of 1998), in effect as per reg. 2.

E127

Previous affecting provision: pursuant to section exercised (1.04.2010, 1.06.2010, 1.12.2010, 10.04.2010, and 1.06.2015) by Waste Management (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2010 (S.I. No. 143 of 2010), in effect as per reg. 3; revoked (13.07.2011) by European Communities (Waste Electrical and Electronic Equipment) Regulations 2011 (S.I. No. 355 of 2011), reg. 46, in effect as per reg. 45.

E128

Previous affecting provision: power pursuant to section exercised (1.04.2010, 10.04.2010, and 1.12.2010) by Waste Management (End-of-Life Vehicles) (Amendment) Regulations 2010 (S.I. No. 142 of 2010), in effect as per reg. 3; as the only effect of this instrument was to amend S.I. No. 282 of 2006, it was rendered obsolete by its revocation, see below.

E129

Previous affecting provision: pursuant to section exercised (26.09.2008) by Waste Management (Restriction of Certain Hazardous Substances in Electrical and Electronic Equipment) (Amendment) Regulations 2008 (S.I. No. 376 of 2008), in effect as per reg. 3; rendered obsolete by revocation of S.I. No. 341 of 2005, see below.

E130

Previous affecting provision: pursuant to section exercised (23.09.2008, 26.09.2008, and 1.01.2009) by Waste Management (Waste Electrical and Electronic Equipment) (Amendment) Regulations 2008 (S.I. No. 375 of 2008), in effect as per reg. 3; revoked (13.07.2011) by European Communities (Waste Electrical and Electronic Equipment) Regulations 2011 (S.I. No. 355 of 2011), reg. 46, in effect as per reg. 45.

E131

Previous affecting provision: pursuant to section exercised (16.07.2008) by Waste Management (Batteries and Accumulators) Regulations 2008 (S.I. No. 268 of 2008); revoked by European Union (Batteries and Accumulators) Regulations 2014 (S.I. No. 283 of 2008), reg. 49(1), subject to transitional provision in para. (2) and construed as per para. (3), as amended (30.07.2017) by European Union (Batteries and Accumulators) (Amendment) Regulations 2014 (S.I. No. 349 of 2014), reg. 2.

E132

Previous affecting provision: offence under subs. (6) prescribed (12.07.2004) for purposes of Environmental Protection Agency Act 1992 (7/1992), s. 84(4)(a) by Environmental Protection Agency (Licensing) (Amendment) Regulations 2004 (S.I. No. 394 of 2004), reg. 6(d), in effect as per reg. 2; revoked (24.07.2013) by Environmental Protection Agency (Integrated Pollution Control) (Licensing) Regulations 2013 (S.I. No. 283 of 2013), reg. 42(1) and sch. 2, subject to transitional provision in para. (2).

E133

Previous affecting provision: pursuant to section exercised (30.08.2001) by Waste Management (Collection Permit) Regulations 2001 (S.I. No. 402 of 2001); revoked (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), art. 2(1) and sch. 1, in effect as per art. 1(2); subject to transitional provision in art. 2(2).

E134

Previous affecting provision: pursuant to section exercised (20.05.1998) by Waste Management (Permit) Regulations 1998 (S.I. No. 165 of 1998), in effect as per reg. 1(2); revoked (31.03.2008) by Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), art. 3(1) and sch. 1, in effect as per art. 2; subject to transitional provisions in art. 3(2), (3), and (4).

E135

Previous affecting provision: pursuant to section exercised (20.05.1998) by Waste Management (Transfrontier Shipment of Waste) Regulations 1998 (S.I. No. 149 of 1998), in effect as per reg. 1(2); revoked (12.07.2007) by Waste Management (Shipments of Waste) Regulations 2007 (S.I. No. 419 of 2007), reg. 12, in effect as per reg. 1(2).

E136

Previous affecting provision: pursuant to section exercised (20.05.1998) by Waste Management (Movement of Hazardous Waste) Regulations 1998 (S.I. No. 147 of 1998), in effect as per reg. 1(2); revoked (31.12.2011) by European Communities (Shipments of Hazardous Waste exclusively within Ireland) Regulations 2011 (S.I. No. 324 of 2011), reg. 19(2), in effect as per reg. 19(2).