STATUTORY INSTRUMENTS

S.I. No. 336 of 2002

WASTE MANAGEMENT (LICENSING)(AMENDMENT) REGULATIONS, 2002

Dublin

Published by the stationery Office

S.I. No. 336 of 2002

WASTE MANAGEMENT (LICENSING)(AMENDMENT) REGULATIONS, 2002

The Minister for the Environment and Local Government, in exercise of the powers conferred on him by sections 7, 18, 19, 39, 41, 45 and 53 of the Waste Management Acts, 1996 and 2001 ( No. 10 of 1996 ), hereby makes the following Regulations:-

Citation

1.         These Regulations may be cited as the Waste Management (Licensing) (Amendment) Regulations, 2002.

Purpose of Regulations

2.         The purposes for which these Regulations are made include giving effect to provisions of Council Directive 99/31/EC of 26 April 1999 on the landfill of waste. ¹

Interpretation.

3.         In these Regulations:

(a)        any reference to a Schedule or article that is not otherwise identified is a reference to a Schedule or article of these Regulations,

(b)        any reference to a sub-article or paragraph that is not otherwise identified is a reference to the sub-article or paragraph of the provision in which the reference occurs,

(c)        “the 2000 Regulations” means the Waste Management (Licensing) Regulations, 2000 ( S.I. No. 185 of 2000 ).

Amendment of Article 2

4.         Article 2 of the 2000 Regulations is hereby amended by the substitution for paragraphs (g) and (h) of the following -

“(g)      Council Directive 96/59/EC of 16 September 1996 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls² ,

(h)        Council Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control³ , and

(i)         Council Directive 99/31/EC of 26 April, 1999 on the landfill of waste⁴ .”.

Amendment of Article 3

5.         Article 3 of the 2000 Regulations is hereby amended by --

(a)        the insertion after the definition of “the Environmental Impact Assessment Regulations” of the following --

“ “inert waste” means waste --

(i)         that does not undergo any significant physical, chemical or biological transformations;

(ii)        that will not dissolve, burn or otherwise physically or chemically react, biodegrade or adversely affect other matter, or be adversely affected by other matter, including waters, with which it comes into contact in a way that causes or is likely to cause environmental pollution, and

(iii)       in particular, will not endanger the quality of surface water or groundwater;

“infectious” means, in relation to waste, substances containing viable micro-organisms or their toxins which are known or reliably believed to cause disease in persons or other living organisms;

“internal landfill facility” means a landfill facility that is used solely for the disposal of waste produced by an activity (other than one involving the sorting, mixing or segregation of waste

or the recovery of materials from waste) and is operated by or on behalf of the person carrying on the said activity;

“Landfill Directive” means Council Directive 99/31/EC of 26 April 1999 on the landfill of waste⁵ ;

“leachate” has the meaning assigned to it in section 5 of the Act, and “leachability” and “leaching behaviour” shall be construed accordingly;

“liquid waste” means any waste in liquid form, including waste waters but excluding sludge;

“integrated pollution control licence” means a licence or revised licence granted under Part IV of the Act of 1992 to which a landfill facility is subject;”;

(b)        the insertion after the definition of “Member State” of the following --

“ “new landfill facility” means a landfill facility which --

(a)       came or comes into operation, and

(b)       is subject to a waste licence or an integrated pollution control licence that was or is granted,

on or after 16 July 2001;”;

(c)        the insertion after the definition of “review of a waste licence” of the following --

“ “tyres” means all tyres other than bicycle tyres and tyres with an outside diameter of more than 1,400 millimetres;”.

Amendment of Article 12

6.         Article 12 of the 2000 Regulations is hereby amended by --

(a)        the substitution for paragraph (1)(a) of the following --

“give the name, address and, where applicable, any telephone number and telefax number of the applicant (and, if different, the operator of the facility concerned), the address to which correspondence relating to the application should be sent and, if the applicant or operator is a body corporate, the address of its registered or principal office,”,

(b)        the substitution for paragraph (1)(e) of the following --

“describe the nature of the facility or premises concerned including, in the case of an application in respect of the landfill of waste, the geological and hydrogeological nature of the land and the proposed capacity of the facility concerned,”,

(c)        the substitution for paragraph (1)(1) of the following --

“give details, and an assessment of the effects, of any existing or proposed emissions on the environment, including any environmental medium other than that into which the emissions are, or are to be, made, and of proposed measures to prevent or eliminate or, where that is not practicable, to limit or abate such emissions,”,

(d)        the insertion after sub-article (1)(r) of the following --

“(rr)      in the case of an application in respect of the landfilling of waste, give particulars of-

(i)         such financial provision as is proposed to be made by the applicant, having regard to the provisions of articles (7)(i) and (8)(a)(iv) of the Landfill Directive and Section 53(1) of the Act, and

(ii)        such charges as are proposed or made, having regard to the requirements of article 55,”,

(e)        the insertion after paragraph (c) of sub-article (3) of the following -

“(d)      In the case of an application for the review of a waste licence, the applicant shall provide -

(i)         the information specified in sub-article (1), and

(ii)        such plans, documents and particulars as are specified under sub-article (4),

to the extent, and in such manner as may be specified in writing by the Agency.”.

Amendment of Article 37

7.         The following article shall be substituted for article 37 of the 2000 Regulations -

“37.      (1)       The Agency shall attach to any waste licence that may be granted by it such conditions as are, in the opinion of the Agency, necessary to give effect to the provisions, specified in column (1) of the Second Schedule, of the Community acts specified correspondingly in column (2) of the Schedule, insofar as such provisions are relevant to the waste recovery or disposal activity concerned.

(2)        For the avoidance of doubt, and having regard to the objectives specified in article 1 of the Landfill Directive, the Agency may attach to any relevant waste licence that is granted by it conditions relating to any of the matters specified in articles 53 to 56, such conditions to have effect from a date or dates earlier than such relevant dates as are specified in those articles.

(3)       Without prejudice to the provisions of section 40(4) of the Act, the Agency shall not grant a waste licence in respect of the disposal of waste at a new landfill facility unless it is satisfied that the carrying on of that activity at the facility concerned complies or will comply with all relevant requirements for the time being specified in the Landfill Directive.”.

Insertion of new Articles 52 to 54

8.         The 2000 Regulations are hereby amended by the insertion of the following after article 51 --

“Classification of landfill facilities

52.       (1)       The Agency shall classify each landfill facility into one of the following classes -

(i)         a landfill for hazardous waste,

(ii)        a landfill for non-hazardous waste, or

(iii)       a landfill for inert waste,

and shall specify the class of landfill in each relevant waste licence or integrated pollution control licence that is granted.

(2)       It is hereby prescribed that the register maintained by the Agency under section 19 of the Act shall include entries specifying the classification, for the purposes of sub-article (1), of each landfill facility in respect of which a waste licence is or has been granted.

(3)       This article shall have effect not later than --

(a)       16 July 2001, in respect of a new landfill facility,

(b)       16 July 2002, in respect of a landfill facility for hazardous waste other one referred to in paragraph (a),

(c)       16 July 2004, in respect of a landfill facility other than one referred to in paragraphs (a) or (b).

Wastes prohibited from landfill

53.       (1)       The wastes specified in sub-article (2) shall not be accepted or disposed of after --

(a)       16 July 2001, in a new landfill facility,

(b)       16 July 2002, in a landfill facility for hazardous waste other than one referred to in paragraph (a),

(c)       16 July 2009, in a landfill facility other than one referred to in paragraphs (a) or (b).

(2)        The following wastes are specified for the purposes of sub-article (1) --

(a)        liquid waste,

(b)        waste which, in the conditions of landfill, is explosive, corrosive, oxidising, highly flammable or flammable as defined in Annex III of Council Directive 91/689/EEC⁶ ,

(c)        infectious healthcare waste, assessed as likely to cause disease in humans or animals, arising from medical or veterinary establishments, and waste specified under category 14 of Annex 1.A of Council Directive 91/689/EEC,

(d)        any other waste which does not satisfy such waste acceptance criteria as shall, from time to time, be determined in accordance with Annex II of Council Directive 91/689/EEC.

(3)       Whole used tyres (other than tyres used as on-site engineering material) shall not be accepted or disposed of after --

(a)       16 July 2003, in a new landfill facility or a landfill facility for hazardous waste,

(b)       16 July 2009, in a landfill facility other than one referred to in paragraph (a).

(4)       Shredded used tyres shall not be accepted or disposed of after --

(a)       16 July 2006, in a new landfill facility or a landfill facility for hazardous waste,

(b)       16 July 2009, in a landfill facility other than one referred to in paragraph (a).

(5)       Waste that has not been subject to treatment (other than inert waste for which treatment is not technically feasible, or any other waste the treatment of which will not reduce its volume or the risk of environmental pollution) shall not be accepted or disposed of after -

(a)       16 July 2001, in a new landfill facility,

(b)       16 July 2004, in a landfill facility for hazardous waste other than one referred to in paragraph (a),

(c)       16 July 2009, in a landfill facility other than one referred to in paragraphs (a) or (b).

Waste to be accepted in different classes of landfill

54.       (1)       Only hazardous waste that fulfils relevant waste acceptance criteria may be accepted for disposal at a landfill for hazardous waste.

(2)        A landfill for non-hazardous waste may only be used for the disposal of --

(a)        municipal waste,

(b)        non-hazardous waste, other than municipal waste, that fulfils relevant waste acceptance criteria,

(c)        stable, non-reactive hazardous waste (such as that which is solidified or vitrified) with leaching behaviour equivalent to that of non-hazardous waste referred to in paragraph (b), that fulfils relevant waste acceptance criteria, and

(d)        such other wastes as may from time to time be specified in accordance with the provisions of Article 16 and Annex II of the Landfill Directive.

(3)        A landfill for inert waste may only be used for the disposal of inert waste that fulfils relevant waste acceptance criteria.

(4)       Where hazardous waste of the type referred to in paragraph (2)(c) is disposed of in a landfill for non-hazardous waste, it shall not be deposited in cells destined to be used for the disposal of biodegradable non-hazardous waste.

(5)        The dilution or mixture of waste solely in order to fulfill relevant waste acceptance criteria is prohibited.

(6)        For the purpose of this article, “relevant waste acceptance criteria” means --

(a)        such criteria as may be specified by the Agency, having regard to articles 6 and 11 of the Landfill Directive, pending the determination referred to in paragraph (b), and

(b)        such criteria as shall be determined in accordance with the provisions of Article 16 and Annex II of the Landfill Directive.

(7)       This article shall have effect from --

(a)       16 July 2001 in respect of a new landfill facility,

(b)       16 July 2004, in respect of a landfill facility for hazardous waste other than one referred to in paragraph (a),

(c)       16 July 2009, in respect of a landfill facility other than one referred to in paragraphs (a) or (b).”.

Amendment of the Second Schedule

9.         The 2000 Regulations are hereby amended by the substitution for the Second Schedule thereto of the Schedule to these Regulations.

SCHEDULE

“

SECOND SCHEDULE

Provisions of Community acts that are to be given effect to in relevant waste licences granted by the Agency.

“.

EXPLANATORY NOTE

(This note is not part of the instrument and does not purport to be a legal interpretation.)

These Regulations amend the Waste Management (Licensing) Regulations 2000, primarily for the purpose of giving legal effect to certain requirements of Council Directive 1999/31/EC on the landfill of waste.

The amendments provide for the classification of landfill facilities by the Environmental Protection Agency (EPA), prohibit the acceptance or disposal in landfill facilities of specified wastes, and provide that only specified wastes may be accepted for disposal in different classes of landfill.

The Regulations also insert certain new definitions into the 2000 Regulations, and replace the Second Schedule of those Regulations (specifying provisions of Community acts which are to be given effect by means of conditions in relevant waste licences granted by the EPA) with a revised Schedule addressing certain requirements of Directive 1999/31/EC.

¹ O.J. No. L 182/1, 16 July 1999

² O.J. No. L 243/31, 24 September 1996.

³ O.J. No. L 257/26, 10 October 1996.

⁴ O.J. No. L 182/1, 16 July 1999

⁵ O.J. No. L 182/1, 16 July 1999

⁶ O.J. No. L 377/20, 31 December 1991