Waste Management Act 1996

Conditions attached to a waste licence.

41

41. (1) A waste licence may provide as respects any condition attached to it that the condition shall be complied with before or after any activity to which the licence relates has been commenced or has ceased.

(2) Without prejudice to the generality of section 40 (1) (a) , conditions attached to a waste licence granted under this Part—

( a) F156 [ shall, as a minimum ]

(i) specify the waste recovery or disposal activity, as the case may be, to which the licence relates (“the activity concerned”) and the types, nature, composition and quantity of waste permitted to be recovered F157 [ , disposed of or treated ] during specified periods or otherwise,

(ii) specify the facility where waste may be recovered F157 [ , disposed of or treated ] under the licence,

F158 [ (iia) for each type of operation permitted, the technical and any other requirements relevant to the site concerned,

(iib) the safety and precautionary measures to be taken, ]

(iii) specify procedures or methods to be followed or employed with respect to F159 [ each type of operation involved in ] the activity concerned, having regard to the nature and composition of the waste, the proximity to the facility concerned of water catchment areas and the characteristics of the receiving environment,

(iv) require specified measures to be taken to prevent the entry to waters of specified substances or to avoid pollution by specified substances,

(v) specify requirements of a technical nature to be complied with for the purpose of controlling emissions arising from, or which are a result of, the activity concerned, including—

(I) requirements relating to the design, construction, provision, operation or maintenance of the facility concerned, or any plant thereon,

(II) other requirements for the purposes aforesaid, including the use or employment of specified procedures or codes of practice,

(vi) require the monitoring, supervision and control F160 [ as may be necessary ] of each aspect of the operation of the facility or any plant concerned by specified means and for that purpose require specified procedures or codes or practices to be followed or employed and precautions of a security nature to be taken,

F161 [ (vii) require the monitoring of such environmental media as, in the opinion of the Agency, may be affected by or as a result of the activity concerned, and require the Agency to be informed of the results of such monitoring and, without delay, of any incident or accident which causes, or is likely to cause, environmental pollution, ]

(viii) require records to be kept F162 [ in accordance with section 15(2) ] of the quantity, nature and origin of waste accepted into the facility concerned, the treatment, recovery or disposal of such waste, and where relevant, the quantity, nature, destination, frequency of collection and mode of transport of waste leaving the facility concerned, and specify the period for which such records are to be preserved,

(ix) in the case of a waste disposal activity, require the recording and identification of a deposit of hazardous waste in the facility concerned,

(x) require the keeping of other specified records and require specified information to be supplied to the Agency, or any other specified person, in relation to the carrying on of the activity concerned, including a statement by the holder of the licence confirming whether or not he or she has complied with each of the conditions attached to the licence,

F163 [ (xi) specify requirements as may be necessary for the closure, restoration and remediation of, or the carrying out of aftercare in relation to, the facility concerned,

(xii) require that it shall be a condition of any waste licence covering incineration or co-incineration with energy recovery that the recovery of energy take place with a high level of energy efficiency, ]

( b) may, as appropriate—

(i) specify requirements to be complied with as respects the nature, composition, temperature, volume, level, rate, method of treatment and location of an emission arising from, or which is a result of, the activity concerned (“an emission concerned”),

(ii) specify the periods during which an emission concerned may, or may not, be made,

(iii) specify limits to the effects of an emission concerned,

(iv) specify the concentration of a pollutant in an environmental medium or a discharge rate which shall not be exceeded,

(v) require the provision, operation and maintenance of meters, gauges and other apparatus or means for monitoring the nature, extent and effects of an emission concerned,

(vi) specify requirements as to the training and qualifications of persons employed in carrying on the activity concerned,

(vii) specify the methods, vehicles and receptacles to be employed in transporting waste to, from or within the facility concerned,

(viii) require the taking and analysis of samples, the making of measurements and compliance with specified quality control procedures in connection with the activity concerned and for that purpose require—

(I) the use of specified analytical standards or the services of specified laboratories to be availed of,

(II) the keeping of records in relation to the samples, measurements or procedures,

(III) the furnishing of information to the Agency or any other specified person in relation to the samples, measurements or procedures,

(ix) require the making of a plan, and the revision thereof at specified intervals, setting out the measures to be taken in the event of any accident or incident (including any difficulty of an operational nature) occurring that involves the facility or any plant concerned,

(x) require specified measures to be taken in the event of a breakdown of any plant or other equipment which may affect an emission concerned,

(xi) where appropriate, specify the type of fuel to be, or not to be, used, as the case may be,

(xii) require the making and maintenance of such financial provision as may be required under section 53 (1) ,

(xiii) require the holder of the licence to effect and maintain a policy of insurance insuring him or her as respects any liability on his or her part to pay damages or costs on account of injury to person or property arising from the carrying on of the activity concerned,

(xiv) require the making of payments by the holder of the licence to the Agency to defray costs which may be incurred by the Agency in monitoring or otherwise in performing any functions in relation to the activity concerned,

(xv) F164 [ ]

(xvi) require the holder of the licence to comply with such further requirements in relation to the closure, restoration, remediation and aftercare of the facility concerned, or otherwise as may in due course be determined under section 46 (5) ,

(xvii) specify the latest date by which a condition attached to the licence is to be complied with.

F165 [ (2A) Where the Agency decides, in relation to an application for a waste licence to which section 40(2A)(c) refers, to grant a waste licence the Agency may attach such conditions to the waste licence as it considers necessary to avoid, reduce and, if possible, offset the major adverse effects of the development or proposed development (if any) comprising or for the purposes of the activity to which the application for a waste licence relates. ]

(3) The Minister may by regulations—

( a) require the Agency to attach as conditions to any waste licence that may be granted by it in respect of a specified class or classes of waste recovery or disposal activity, provisions requiring compliance with any specified standard, specification, procedure or other requirement, including any requirement the imposition of which is required or necessary to give effect to any Community act in relation to waste,

( b) require the Agency to attach as a condition to a waste licence of a specified class or classes a provision prohibiting the recovery or disposal of specified waste in a facility concerned or by means of a specified recovery or disposal activity, or

( c) require the Agency to take account of any other specified matter in attaching conditions to a waste licence.

F166 [ (d) for the purposes of acceptance of a class of household waste at a facility, from the original waste producer or the person who arranges on behalf of more than one original waste producer occupying apartments, duplexes, maisonettes or any combination of such dwellings for delivery of their household waste ( person who delivers household waste ), require the Agency to attach conditions to a waste licence

(i) requiring the weighing of a class of household waste accepted by a facility,

(ii) requiring the reporting of the weight of a class of household waste accepted by a facility to the person who delivers household waste,

(iii) subject to subsection (3A) , requiring the charging of fees for acceptance, recovery or treatment services by a facility of a class of household waste,

(iv) in relation to acceptance of a class of household waste, requiring the preparation and publishing of a customer charter and specifying its form and content,

(v) requiring the provision of separate receptacles for different household waste or classes of household waste,

(vi) requiring the provision to a local authority or a nominated authority under section 34(1)(aa)(ii) of

(I) details of persons with regard to the deposition of household waste,

(II) details of persons who choose not to partake in the deposition of household waste,

(III) details of when household waste was last deposited, and

(IV) written confirmation of the structure of the fees being charged to persons depositing the household waste, including, where appropriate, billing information which indicates the pay by weight charge element of the fees charged for the deposition of household waste,

(vii) as respects contamination that may be caused by the incorrect segregation of specified household waste from other waste in receptacles for segregated household waste, requiring the holder of a waste licence:

(I) to monitor levels of contamination;

(II) to record and maintain specified data on levels of contamination;

(III) to provide training for staff in relation to monitoring contamination;

(IV) to prepare and maintain protocols and procedures in the event that such contamination is detected by the holder, including to inform the person who delivers household waste or to refuse to accept the waste,

and

(viii) where a weighing system is used to determine weight-based collection charges, requiring the submission of confirmation of an annual inspection of the weighing system used by the permit holder in accordance with the Legal Metrology (General) Regulations 2008 ( S.I. No. 323 of 2008 ), in such form that may be specified on the waste licence. ]

F167 [ (3A) (a) The Minister, where he or she considers that it is necessary for waste management in accordance with the principle that the costs of that management shall be borne by the original waste producer shall, by regulations, specify a condition to be attached to a waste licence specifying a requirement that the holder of the licence shall charge fees for accepting a class of household waste, which would otherwise fall to be collected pursuant to a waste collection permit, delivered to the facility of the holder of the waste licence by the person who delivers household waste.

(b) Regulations under paragraph (a) shall provide for the means by which fees for accepting household waste shall be calculated by a holder of a waste licence and shall

(i) require a holder of a waste licence to charge a fee for each kilogramme of household waste accepted by the holder,

(ii) prohibit a holder of a waste licence from charging any form of fee other than that referred to at subparagraph (i) , and, for the avoidance of doubt, methods of calculation of a fee based on pay by throw or a flat fee shall not be considered to be calculated by reference to weight of waste accepted,

(iii) require a holder of a waste licence to demonstrate by prescribed means to a local authority or the Agency, as the case may be, if the fees charged for accepting the household waste concerned incentivise waste prevention and waste segregation.

(c) (i) For the purposes of paragraph (b)(i) , the Minister shall prescribe the minimum amount of the fee required to be charged for each kilogramme of household waste accepted by a holder of a waste licence and that minimum fee shall be based on the approximate cost per kilogramme of managing segregated household waste, including its acceptance by the holder of the licence, from the person who delivers that waste and its recovery, disposal or final treatment, which in any event shall not exceed an amount of 30 cent per kilogramme of household waste.

(ii) The Minister shall review the costs of managing, recovering or disposal of household waste, on which the minimum charges prescribed under subparagraph (i) are based, at least every 12 months and may amend the amount of the fee prescribed under subparagraph (i) .

(iii) The Minister following a review under subparagraph (ii) , once and only once in each financial year beginning in the financial year that he or she first prescribes under paragraph (g)(i) , may substitute for the amount of the fee prescribed under subparagraph (i) , an amount which does not exceed the amount so prescribed by 5 cent. ]

(4) Conditions attached to a waste licence may apply in respect of any plant, or land or any part of any land, which is, or has been, used for the purpose of, or incidental to, an activity to which the licence relates and any emission from the facility concerned.

(5) The Agency may recover the amount of any payment due to it arising from a condition attached to a waste licence as a simple contract debt in any court of competent jurisdiction.

(6) Prior to the commencement of the waste recovery or disposal activity to which a waste licence relates, as the case may be, or the coming into force of a waste licence in respect of an activity to which section 39 (3) applies, the Agency shall inspect the facility concerned in order to ensure that it complies F168 [ , or is capable of compliance, ] with the relevant conditions attached to the waste licence.

Annotations:

Amendments:

F156

Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 21(a)(i).

F157

Substituted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011), reg. 21(a)(ii).

F158

Inserted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011 ), reg. 21(a)(iii).

F159

Inserted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011 ), reg. 21(a)(iv).

F160

Inserted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011 ), reg. 21(a)(v).

F161

Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 36(a), S.I. No. 393 of 2004.

F162

Inserted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011 ), reg. 21(a)(vi).

F163

Inserted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011 ), reg. 21(a)(vii).

F164

Deleted (31.03.2011) by European Communities (Waste Directive) Regulations 2011 (S.I. No. 126 of 2011 ), reg. 21(b).

F165

Inserted (30.09.2012) by European Union (Environmental Impact Assessment) (Waste) Regulations 2012 (S.I. No. 283 of 2012), reg. 6(1), in effect as per reg. 1(2).

F166

Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 41(a), S.I. No. 358 of 2015.

F167

Inserted (31.08.2015) by Environment (Miscellaneous Provisions) Act 2015 (29/2015), s. 41(b), S.I. No. 358 of 2015.

F168

Substituted (12.07.2004) by Protection of the Environment Act 2003 (27/2003), s. 36(b), S.I. No. 393 of 2004.

Editorial Notes:

E436

Power pursuant to section exercised (12.07.2004) by Waste Management (Licensing) Regulations 2004 (S.I. No. 395 of 2004), in effect as per reg. 1(2).

E437

Power pursuant to section exercised (23.06.2000) by Waste Management (Licensing) Regulations 2000 (S.I. No. 185 of 2000).

E438

Previous affecting provision: application of section restricted (3.07.2003) by European Communities (Incineration of Waste) Regulations 2003 (S.I. No. 275 of 2003), reg. 5; revoked (7.01.2014) by European Union (Waste Incineration Plants and Waste Co-Incineration Plants) Regulations 2013 (S.I. No. 148 of 2013), reg. 25(b), in effect as per reg. 25(b).

E439

Previous affecting provision: pursuant to section exercised (2.07.2002) by Waste Management (Licensing) (Amendment) Regulations 2002 (S.I. No. 336 of 2002); revoked (12.07.2004) by Waste Management (Licensing) Regulations 2004 (S.I. No. 395 of 2004), reg. 2(1) and sch. 1, in effect as per reg. 1(2), subject to transitional provision in reg. 2(2).

E440

Previous affecting provision: pursuant to section exercised (23.08.2001) by Waste Management (Licensing) (Amendment) Regulations 2001 (S.I. No. 397 of 2001); revoked (12.07.2004) by Waste Management (Licensing) Regulations 2004 (S.I. No. 395 of 2004), art. 2 and sch. 1, in effect as per art. 1(2).

E441

Previous affecting provision: power pursuant to section exercised (19.05.1998) by Waste Management (Licensing) (Amendment) Regulations 1998 (S.I. No. 162 of 1998); rendered obsolete by revocation of S.I. No. 133 of 1997, see below.

E442

Previous affecting provision: pursuant to section exercised (27.03.1997) by Waste Management (Licensing) Regulations 1997 (S.I. No. 133 of 1997); revoked (23.06.2000) by Waste Management (Licensing) Regulations 2000 (S.I. No. 185 of 2000), reg. 50; subject to transitional provision in reg. 51.