40. Section 39 of the Act of 1996 is amended by—

(a) in subsection (4), the insertion of “including a class or classes of household waste” after “class or classes of waste”,

(b) in subsection (5) —

(i) the insertion of the following paragraphs after paragraph (a):

“(aa) the nature or quantity of the waste, who delivers it for disposal or recovery or whether it is segregated,

(ab) a specified class or classes of facility where waste shall be delivered for disposal or recovery,

(ac) a specified class or classes of activity that shall be carried out at a place where waste shall be delivered for disposal or recovery,”,

(ii) in paragraph (g), the substitution of “pollution,” for “pollution;”,

(iii) the insertion of the following paragraph after paragraph (g):

“(h) specifying conditions in relation to such incidental, supplementary and consequential matters as appear to the Minister as necessary or expedient for the purpose of this subsection, subsection (5A), (5B) or (5C).”,

and

(c) the insertion of the following subsections after subsection (5A):

“(5B) Without prejudice to the generality of subsection (4), regulations under that subsection may specify conditions to be attached to a waste permit or such other authorisation of certificate referred to in subsection (5)(c) specifying requirements in relation to—

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

(b) reporting, to specified persons, the weight of household waste accepted by a facility,

(c) subject to subsection (5C), charging of fees for acceptance of household waste, and services for its recovery or treatment,

(d) in relation to the acceptance of household waste, preparing and publishing a customer charter and its form and content,

(e) providing separate receptacles for different household waste or classes of household waste,

(f) providing to a local authority or nominated authority under section 34(1)(aa)(ii) —

(i) details of persons with regard to the deposition of separate collection of household waste,

(ii) details of persons who choose not to partake in the deposition of separate collection 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,

(g) as respects contamination that may be caused by the incorrect segregation of household waste in receptacles for segregated household waste:

(i) monitoring by a holder of levels of contamination;

(ii) recording and maintaining specified data on levels of contamination;

(iii) training to be provided for staff of a holder in relation to monitoring contamination;

(iv) protocols and procedures in the event that such contamination is detected by the holder, including informing the person who delivers the household waste to the facility being either the original waste producer or, as the case may be, 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 waste (‘person who delivers household waste’) or refusing to accept the waste,

and

(h) where a weighing system is used to determine weight-based collection charges, 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 permit or such other authorisation of certificate referred to in subsection (5)(c).

(5C) (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 under subsection (4), specify a condition to be attached to a waste permit or such other authorisation of certificate referred to in subsection (5)(c), specifying a requirement that the holder of such waste permit or such other authorisation of certificate (‘holder’) shall charge fees for accepting household waste, which would otherwise fall to be collected pursuant to a waste collection permit, delivered to the holder’s facility by the person who delivers household waste.

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

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

(ii) prohibit a holder 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, and

(iii) require a holder 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 and that minimum fee shall be based on the approximate cost per kilogramme of managing segregated household waste, including its acceptance by the holder from the person who delivers household 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.”.