Environmental Protection Agency Act 1992
Landfill sites for waste disposal.
62.—(1) The Agency shall, as soon as is practicable, for the purposes of environmental protection, specify and publish criteria and procedures for the selection, management, operation and termination of use of landfill sites for the disposal of domestic and other wastes.
(2) Without prejudice to the generality of subsection (1), specified criteria and procedures may relate to—
(a) site selection,
(b) design and bringing into operation of sites,
(c) impacts on the environment,
(d) leachate management, treatment and control,
(e) control and recovery of landfill gas,
(f) operational guidelines, including classification of wastes and establishment of acceptance criteria for landfill,
(g) acceptance of different classes of wastes at different classes of sites,
(h) fire, pest and litter control,
(i) appropriate recovery, reuse and recycling facilities,
(j) co-disposal of industrial and other wastes,
(k) monitoring of leachate, other effluents and emissions,
(l) termination of use and subsequent monitoring.
(3) (a) A local authority which manages or operates a landfill site to which specified criteria and procedures apply shall carry out, cause to be carried out, or arrange for, such monitoring in connection with the management or operation of the landfill site as the Agency shall direct, and shall transmit the results of such monitoring and such information on the management or operation of the site to the Agency in such manner and at such times as the Agency shall direct.
(b) The Agency shall carry out, cause to be carried out, or arrange for, such monitoring as it considers necessary to verify results transmitted to it under paragraph (a).
(4) Where the Agency is not satisfied with the response of a local authority to a direction under subsection (3) (a), it shall consult with the local authority concerned, and, if the Agency is still dissatisfied with the response following such consultation, the Agency shall carry out, cause to be carried out, or arrange for, the monitoring concerned and the costs of the monitoring may be recovered by the Agency from the local authority as a simple contract debt in any court of competent jurisdiction.
(5) Where criteria and procedures specified under this section relate to a landfill site managed or operated by a local authority, the authority shall, where necessary, take steps as soon as is practicable to ensure that the management or operation of such landfill site complies with the specified criteria and procedures.
(6) The Agency shall, from time to time, prepare and publish reports on the management and operation of local authority landfill sites and shall include in such reports such recommendations as it considers appropriate.
(7) In this section “local authority” means a public waste collector for the purposes of the European Communities (Waste) Regulations, 1979.
Modifications (not altering text):
Application of section ceased in part (1.07.1996) by Waste Management Act 1996 (10/1996), s. 68(3), S.I. No. 192 of 1996.
Adaptation of certain references and transitional provisions.
(3) The provisions of section 62 of the Act of 1992 shall, in so far as they apply or have effect in relation to a particular landfill facility, cease to have effect upon the grant of a waste licence under section 40 in respect of that facility.