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Infrastracture
Is Ireland's recycling infrastructure sufficient to its needs?Waste Legislation
Summary EU Packaging Legislation
Summary Irish Packaging Legislation
Summary Movement of Waste Legislation
Summary Waste Facilities Legislation
Summary Miscellaneous Legislation
To view Irish Waste legislation - Acts and statutory Instruments (also called Regulations): http://www.irishstatutebook.ie/front.html
To view European Waste Legislation:
http://europa.eu.int/comm/environment/waste/legislation/index.htm
To order hardcopies of Irish Waste Legislation:
department@environ.ie
http://www.environ.ie/
EU PACKAGING LEGISLATION
Directive 94/62/EC on Packaging and Packaging Waste
Directive 94/62/EC on Packaging and Packaging Waste and Amendments is the basis for Irish packaging legislation. The Directive broadly defines packaging and requires that packaging recovery systems be put in place. The Directive requires that a hierarchical approach be adopted to manage packaging waste, with the emphasis on waste reduction, reuse and recycling initiatives.
In the case of Ireland, the Directive set a packaging recovery target of 25% to be met by 2001 (has been met), with a target of 50% set for the end of 2005, with a minimum of 15% recovery for specified materials. As a country we must meet a recovery target of 60% by 2011 and material specific targets that range from 15% (wood) to 60% (paper and glass).
IRISH PACKAGING LEGISLATION
Waste Management Acts 1996 and 2001
The majority of Ireland’s waste legislation originates from the Waste Management Acts 1996 and 2001, as well as the Protection of the Environment Act, 2003. These primary pieces of national waste legislation allow for the enactment of statutory instruments (also referred to as regulations) to give effect to specific sections of the Acts.
Waste Management (Packaging Regulations), 2003
In 2003 the government enacted what are commonly referred to as the Packaging Regulations, which give effect to Directive 94/62/EC on Packaging and Packaging Waste. These regulations replaced the Packaging Regulations of 1997.
The Packaging Regulations place particular obligations on major producers of packaging, i.e. businesses with an annual turnover in excess of €1.27 million and placing more than 10 tonnes of packaging onto the Irish market. Major producers must either register with a packaging compliance scheme, i.e. Repak, and pay an annual material specific fee for packaging placed onto the Irish market, or self-comply through registering with their local authority and accepting packaging waste back from the public similar to that which is supplied onto the market.
In addition, the Packaging Regulations require all commercial premises to segregate 7 specified packaging wastes and send for recycling with an authorised waste collector. Those specified packaging wastes are aluminium, fibreboard, glass, paper, plastic sheeting, steel and wood.
The Packaging Regulations also specify what is known as the Essential Requirements of packaging. These requirements are designed to minimise the environmental impact of packaging.
Packaging Regulations, 2003
Info Guide to Packaging Regulations, 2003
Essential Requirements of Packaging
The Waste Management (Packaging) (Amendment) Regulations, 2004
In late 2004 the government enacted the Packaging (Amendment) Regulations. They amend the Packaging Regulations of 2003. As far as Repak members are concerned, the main change is the requirement that compliance notices must now be clearly displayed at each entrance to each premise, whereas in the past they only had to be displayed at each entrance to which the public had access. Self-compliers must now also clearly display signs at each entrance to each premise indicating their packaging take back obligations.
Other amendments include a requirement on self compliers to advertise twice annually in local newspapers their take back obligations, to accept packaging waste back from the public during normal working hours, and an increase in the maximum annual self-compliance registration fee from €5,000 to €15,000 per premises.
Summary of Packaging (Amendment) Regulations, 2004
The Waste Management (Packaging) Regulations, 2007
These Regulations replace the Waste Management (Packaging) Regulations 2003 as amended by the Waste Management (Packaging) (Amendment) Regulations 2004 and the Waste Management (Packaging) (Amendment) Regulations 2006 and are designed to promote the recovery and recycling of packaging waste. They are intended, in particular, to facilitate the achievement of the targets for the recovery of packaging waste established by Directive 94/62/EC on packaging and packaging waste as amended by European Parliament and Council Directive 2004/12/EC of 11 February 2004 amending Directive 94/62/EC on packaging and packaging waste, so that by 31st December 2008:
- a minimum of 60% of packaging waste by weight is recovered; and
- a minimum of 55% of packaging waste by weight is recycled in total, including material specific recycling targets as follows:
- 60% by weight for glass,
- 60% by weight for paper and board,
- 50% by weight for metals,
- 22.5% by weight for plastics, and
- 15% by weight for wood.
The Regulations impose obligations on producers who supply packaging (i.e. packaging material, packaging or packaged products) to the Irish market. An exemption from certain obligations is available to major producers who participate in a packaging waste recovery scheme operated by an approved body.
The Regulations provide that a producer may not supply packaging or packaged products to the Irish market unless the packaging concerned complies with specified essential requirements as to its nature and composition.
The Regulations also provide for limits on the concentration levels of certain heavy metals in packaging.
The regulations can be found here
Waste Management (Collection Permit) Regulations, 2001
These regulations are commonly referred to as the Waste Collection Permit Regulations and stipulate that any company involved in waste collection must have a valid waste collection permit for the type of waste being collected and for the area of collection.
Members should only use appropriately permitted waste collectors. Members can ensure that their waste contractor is authorised by asking to see his / her Waste Collection Permit and checking with the relevant local authority.
Nominated Local Authorities for Waste Collection Permits
Waste Management (Movement of Hazardous Waste) Regulations, 1998
If your business moves hazardous waste within the Republic of Ireland, then the Waste Management (Movement of Hazardous Waste) Regulations, 1998 apply. To establish whether of not your business is generating hazardous waste consult the European Waste Catalogue and Hazardous Waste List (contact EPA), or consult Parts 1-3 of Second Schedule of the Waste Management Act, 1996.
When moving hazardous waste within the Republic of Ireland, in addition to using a permitted waste collector, you must also obtain and complete a Consignment Note (commonly known as a C1 Form) from your local authority. The C1 Form tracks the movement of hazardous waste within the state and must be completed by the producer of the waste (known as the consignor), the carrier (waste collector) and the waste facility (known as consignee).
Waste Management (Transfrontier Shipment of Waste) Regulations, 1998
The Transfrontier Shipment of Waste Regulations, 1998 apply to any business (usually waste collectors) exporting waste (be it hazardous or non-hazardous) for recovery or disposal. As far as exporting of waste is concerned, local authorities are the competent authority and should be contacted before any waste is exported. The Regulations categorise wastes for export into the three following categories, with requirements differing depending on how the waste is categorised:
Green List Waste
This includes wastes such as metals, plastic, paper and glass. If these wastes are exported for recovery then they are generally excluded from the control procedure of the Regulations since they should not present a particular risk (check with relevant local authority). However, if they are exported for disposal, this is considered a controlled movement and a Transfrontier Shipment (TFS) is required.
Amber List Waste
This includes wastes from the production and preparation of pharmaceutical products, as well as municipal / household wastes. A TFS is required to export for recovery or disposal.
Red List Waste
This includes asbestos wastes and PCB contaminated wastes. A TFS is required to export for recovery or disposal.
WASTE FACILITIES LEGISLATION
General
Members must make the necessary checks to ensure that any waste they generate is not only collected by an authorised collector, but also disposed of at an authorised facility.
Most waste facilities in Ireland require one of the following:
1. Certificate of Registration
2. Waste Permit
3. Waste Licence
Certificate of Registration
This must be obtained from the relevant local authority by members, who do not have an Integrated Prevention and Pollution Control (IPPC) Licence, and are temporarily storing the following hazardous wastes on their premises:
• 25,000 litres of hazardous liquid waste,
• 40 cubic metres of non-liquid hazardous waste.
Local authorities must also obtain certificates of registration from the Environmental Protection Agency (EPA) for a range of recovery activities carried out by them or on their behalf. The Waste Management (Permit) Regulations, 1998 govern this area.
Waste Permit
Waste Permits apply only to facilities that handle non-hazardous wastes. They are issued by local authorities. Members whose waste is going to a facility that requires a Waste Permit are encouraged to check with the relevant waste contractor and local authority to ensure that the Waste Permit is valid.
Waste facilities engaged in he following require a Waste Permit under the Waste Permit Regulations, 1998:
• recovery only,
• disposal other than recovery, with an annual intake less than 5,000 tonnes (e.g. transfer station,
• composting with less than 1,000 cubic metres of compost on-site at any given time,
• incineration (other than hazardous hospital waste), where the capacity of the facility is equal or less than 1 tonne per hour,
• recovery of scrap metal or other metals,
• dismantling of vehicles,
• recovery of waste that contains mercury or it’s compounds.
Waste Licence
In general, Waste Licences apply to larger non-hazardous waste facilities and hazardous waste facilities. They are issued by the EPA. Members whose waste is going to a facility that requires a Waste Licence are encouraged to check with the relevant waste contractor and the EPA to ensure that the Waste Licence is valid.
In general the following waste facilities require a Waste Licence:
• Landfills,
• Hazardous waste disposal facilities (other than local authority facilities who have a Certificate of Registration issued by the EPA),
• Composting facilities holding more than 1000 cubic metres of compost at any given time,
• Non-landfill disposal facilities than handle in excess of 5,000 tonnes per annum, e.g. transfer stations,
• Recovery facilities (other than those at landfills), operated by or behalf of local authorities (other than those covered by Certificates of Registration).
In this section other waste legislation, as well as government waste policy documents, that may be of interest to members is provided.
Waste Management (Environmental Levy) (Plastic Bag) Regulations, 2001
In 2001 the Plastic Bag Levy Regulations were introduced to reduce the litter impact of disposable plastic bags and as a waste prevention measure. Revenue generated from the levy goes into the Environment Fund, which is used to fund waste management and litter prevention initiatives.
The main features of the regulations are as follows:
• The levy is 15 cent per plastic bag,
• Two types of plastic bag are exempt:
- those designed for reuse and sold for not less than 70 cent each,
- those used to contain products such as vegetables / fruit, fresh fish / meat / poultry, dairy products, ice etc, as well as plastic bags provided on ships / aircraft and at ports / airports.
Obligations on Retailers
If your business is involved in the supply of plastic bags to the public, you are obliged to:
• charge and collect the levy at the point of sale,
• Itemise the levy on any invoice, receipt or docket issued to a customer,
• Maintain an accurate record of the number of plastic bags both purchased and supplied (both taxable and exempt) to the public in each accounting period. These accounts will be inspected by the Revenue Commissioners.
Waste Management (Landfill Levy) Regulations, 2002
In 2002 the Landfill Levy Regulations were introduced as it was considered that the cost of landfilling waste was relatively low and thereby militating against more desirable, waste recovery options. The levy was set at €19 / tonne and is charged by the landfill operator. Monies collected go the Environment Fund, which is used to fund waste management and litter prevention initiatives.
The levy applies to the landfill of all waste materials, with some exemptions. These exemptions include construction and quarrying wastes used for restorative work at landfills, street sweepings and fly-tipped waste cleared by or on behalf of local authorities.
Litter Pollution Act, 1997
The Litter Pollution Act of 1997 and associated regulations brought in tougher laws to deal with the issue of litter pollution and are enforced by the local authorities. Under this legislation, members should be aware that in addition to ensuring that they do not engage in littering / illegal dumping, they have additional obligations, which include:
• Keeping the frontage of their premises litter free,
• Keeping any part of their premises that are visible from a public place, e.g. a road, litter free,
• Ensuring that their vehicles do not cause litter.
Under the Protection of the Environment Act, 2003 local authorities were given enhanced powers to introduce litter bye-laws. Also, the maximum fine for illegal dumping on summary conviction was increased to €3,000, while the maximum fine for conviction on indictment was increased to €130,000.
National Waste Policy Documents
Waste Management: Changing our Ways (1998)
In 1998 the Government published Changing our Ways – a policy statement document on waste management. The document focused on the need for a very significant reduction in our reliance on landfill, in favour of integrated waste management services and infrastructure that will deliver ambitious landfill diversion and recovery targets.
The document was primarily concerned with the management of municipal wastes, and was intended to influence the orientation of local authority waste management plans. It strongly endorsed a regional approach to waste management to allow for greater efficiencies ad economies of scale.
Targets to be achieved by 2013
• Diversion of 50% of household waste from landfill,
• A minimum 65% reduction in biodegradable waste going to landfill,
• Recycling of 35% of municipal waste,
• Recycling of 85% of construction & demolition waste.
It also emphasised the need for the Polluter Pays Principle to be implemented. This principle requires the producers of waste to bear in full the cost of waste collection, treatment and disposal.
Preventing and Recycling Waste: Delivering Change
In 2002 the Government published another waste policy document – Preventing and Recycling Waste: Delivering Change – which focused specifically on waste prevention and recycling.
The document sets out an ambitious agenda of initiatives designed to reduce waste generation and improved levels of recycling. Initiatives envisaged included funding to modernise our recycling infrastructure, the introduction of a landfill levy, as well as new producer responsibility initiatives.
Waste Electrical and Electronic Equipment (WEEE)
Directive 2002/96/EC on Waste Electrical and Electronic Equipment (WEEE) and Directive 2002/95/EC on the Restriction of the use of Certain Hazardous Substances (RoHS) entered into force in 2003.
The WEEE Directive is based on the premise of Producer Responsibility and that improved product design can better facilitate environmentally sound treatment of WEEE. The key aims of the Directive are:
• Divert WEEE from landfill,
• Provide for a free producer take back scheme for consumers of end of life equipment from 13th August, 2005,
• Improve product design with a view to increasing recoverability,
• Achieve specific recovery targets,
• Provide for establishment of collection facilities and systems,
• Provide for the establishment and financing by producers of WEEE recovery and treatment systems.
The purpose of the RoHS Directive is to minimise certain hazardous waste arisings, e.g. heavy metals, in electrical and electronic equipment.
Draft Regulations
On 15th April 2005 the Government introduced draft regulations to implement the WEEE and RoHS Directives:
1) Draft Regulations to Amend the Waste Management Act
2) Draft WEEE Regulations
3) Draft RoHS Regulations
These draft regulations will be the subject of a public consultation process until 16th May 2005. Copies of the draft regulations, along with explanatory memoranda, are available on the Department of Environment’s website, http://www.environ.ie/
Key Elements of Regulations
Some of the key elements of the draft regulations are outlined below:
• Producers, either individually or collectively (approved scheme), will be responsible for collection and environmentally sound treatment of WEEE from 13th August 2005,
• Producers will be responsible for not only new, but also historic WEEE arisings,
• Producers must register with a Registration Body,
• Retailers must take back household WEEE on a one to one basis,
• Local authorities must maintain a register of all retailers of EEE, accept household WEEE free of charge from public, as well as registered retailers who take household WEEE back on a one to one basis. Local authorities will also have an enforcement responsibility,
• The EPA will have the lead role in enforcement, and be solely responsible for enforcing the RoHS Regulations,
• By end of 2008 (availing of a derogation) we must meet a household WEEE collection target of 4 kg per household,
• Cost of collection and treatment of WEEE is likely to be in the region of €10 to €14 million per annum.
