Waste Management (Collection Permit) Regulations
2001
Information Note and Guidance
Department of the Environment and Local Government
September 2001
Waste Management (Collection Permit) Regulations 2001
Information Note and Guidance
Introduction
This document is intended as a summary guide to the Waste Management (Collection
Permit) Regulations, 2001. Reference has to be made to the Regulations for their
detailed provisions, and the Regulations should be read in conjunction with the
provisions of section 34 (Waste collection permits) and section 35 (Presentation of
waste for collection) of the Waste Management Act, 1996 (as amended by Section 6
of the Waste Management (Amendment) Act 2001).
This document does not purport to provide, and should not be relied upon as, a legal
interpretation of the meaning or effect of the Regulations.
Words and expressions that are defined in the 1996 Act have the same meaning in the
Regulations, unless otherwise specified.
This document is available in electronic format, on request.
1.
Purpose of the Regulations
The Waste Management (Collection Permit) Regulations, 2001 provide for a system
of permitting by local authorities of commercial waste collection activities, under
Section 34(1) of the Waste Management Act, 1996 (as amended by Section 6 of the
Waste Management (Amendment) Act 2001).
The Regulations set out procedures for the making of permit applications, public
consultation, consideration by local authorities of public submissions in relation to
permit applications, and the grant, refusal and review of permits by authorities.
The primary purpose of the permitting system is to facilitate appropriate controls on
commercial collection activities so as to ensure good and consistent waste
management practice and the implementation of high standards of environmental
protection. The system will also facilitate the implementation of relevant objectives
in waste management plans. A small number of waste collection activities are exempt
from the permitting requirement, mainly because they are already subject to
regulatory control and approval under other legislation. However, in general, almost
all commercial waste collection activities are subject to the provisions of the
Regulations.
The implementation of these Regulations will also give effect to various requirements
of EU waste legislation (Articles 2 and 16).
These Regulations are complementary to the Waste Management (Licensing)
Regulations, 2000 and the Waste Management (Permit) Regulations 1998, which
regulate the carrying on of activities at waste facilities.
2.
Operative Date
The prescribed date for the purpose of Section 34(1) of the 1996 Act is 30 November
2001 (Article 4). In effect, this is the deadline for submission of permit applications
by existing commercial collectors. Where an application for a collection permit is
made before this date, in accordance with the requirements of the Regulations, the
relevant collection activity may legally be carried on (or commenced and carried on)
until such time as the application is determined (Section 34(12) of the 1996 Act).
3.
Nomination of permitting authorities
For the purposes of these Regulations, where a number of local authorities have
jointly made, or propose jointly to make, a regional waste management plan, or are
otherwise co-operating with one another to achieve common waste management
objectives, they may be required by the Minister for the Environment and Local
Government to nominate one authority to carry out the permitting function in respect
of the region concerned (Circular WM 7/01 refers).
Thirty one local authorities in seven regional groups are required to nominate a single
permitting authority for each region – see Annex 1. This means that a waste
collection business operating nationally will require a maximum of ten waste
collection permits from relevant local authorities.
Each nominated local authority is required to publish a notice to that effect in a
newspaper or newspapers circulating in the functional areas of the local authorities
concerned (Article 23).
The Regulations provide for formal consultation between a nominated permitting
authority and the other local authorities concerned, with regard to each permit
application (Article 10).
4.
Outline of the Permitting Process
A schematic diagram illustrating the steps in the overall permitting process, and the
relevant timescales that apply, is provided at Annex 2.
Section 34 of the 1996 Act imposes a general obligation to obtain a waste collection
permit on any person (other than a local authority) who, for the purposes of reward,
with a view to profit or otherwise in the course of business, collects waste. Collection
in this context means the gathering, sorting or mixing of waste for the purpose its
being transported, and includes the transport of waste and the acceptance of control of
waste. Certain specified waste collection activities are exempt from the collection
permit requirement (Article 22).
5.
Permit Applications
Prior to making a permit application, an applicant has to publish notice of the
intention to make the application (Article 5).
It is open to a waste collector, before submitting a permit application, to request
informal discussions with a permitting authority in order to obtain clarification or
advice as to the detailed content of the proposed application.
An application for a waste collection permit should be made in writing to each local
authority in whose functional area waste collection is or will be carried on or, as
appropriate, to the relevant nominated authority (Article 6).
A sample application form is provided at Annex 3. Because an application must be
accompanied by other documents, an application in electronic format is not possible.
Content of an application
The information to be contained in a permit application is specified in Article 7. Each
application should be accompanied by a relevant newspaper notice (see Article 5), a
signed statutory declaration, a current tax clearance certificate, a trade registration
certificate (where applicable) and the appropriate fee.
Application Fees
In most cases, an application fee of £950 prior to 1st January 2002 and €1,200
thereafter is payable (Article 7(3)(e)). However, a lesser fee of £300 (€380) is
payable in respect of an application solely in respect of the collection of waste oils. A
very small number of collection companies currently operate on a national or multiregional basis. Collection of waste oils is already permitted under the Waste
Management (Miscellaneous Provisions) Regulations 1998. This permitting system is
being replaced (see Article 29) and collection of waste oils will be permitted under
these Regulations, on the same basis as other collection activities. However, having
regard to the existence of current controls and the homogeneous nature of the wastes
concerned, it is considered that that a lesser application fee is warranted in relation to
such activity.
A local authority has discretion to refund or waive all or part of an application fee
having regard to the scale and nature of the relevant collection activity (Article 7(4))
or where an application is withdrawn before it is determined (Article 28(2)).
Procedure on receipt of an application
After receiving a permit application, a local authority must determine whether the
applicant has properly complied with the requirements of Article 5, and that the
necessary information required under article 7 has been submitted with the application
(Article 8). Relevant information must also be included in the public register
maintained by each local authority under section 19 of the 1996 Act – i.e.
 reference number,
 name and address of the applicant,
 the waste or wastes concerned,
 location or address of any premise or facility used in connection with the waste
collection activity, and
 date of receipt of the application.
Further Information
Where necessary information has not been submitted in accordance with article 7, a
local authority may either –
 require the applicant to submit such information within a period of four weeks; or
 if there are major deficiencies in the application, decide that it cannot be
considered by the authority, and advise the applicant accordingly (Article 8(3)).
A notice under Article 8(3) must be served on the applicant within six weeks of
receipt of the application (article 8(7)). If an applicant fails to comply with a notice
within the period allowed, the local authority concerned may then decide that the
application cannot be considered. In rejecting an incomplete permit application, all
the documentation submitted with the application should be returned to the applicant.
Apart from the mandatory information to be submitted with a permit application, a
local authority may require an applicant to furnish such further information,
particulars, etc, as it considers necessary to enable it to properly determine the
application (Article 9). The authority must request this information within 6 weeks of
the receipt of the application or any further information submitted in compliance with
a notice under article 8 (3). More than one such request could be made within this
period.
6.
Consultation
Once a local authority determines that it has a complete permit application (i.e. on
foot of articles 7 and 8), a consultation process commences. There are three elements
to this process –



consultation by a nominated authority with the other local authorities in the region
concerned (Article 10(1);
consultation with the Environmental Protection Agency (EPA) in the case of an
application relating to the collection of hazardous waste (Article 10(3); and
the making available of applications for inspection (and purchase) by the public
(Article 11).
A copy of the application (including information received on foot of a notice served
under article 8(3)) must be provided to other local authorities and the EPA.
Where a nominated authority consults other local authorities in the region concerned
regarding an application, the application must be made available for inspection not
only by the nominated authority but also by the other authorities concerned (Article
11(1)).
A minimum period of six weeks is allowed for the making of written submissions to
the permitting authority by other local authorities concerned, the EPA or a member of
the public.
A local authority may also invite any person to make a submission in relation to an
application, within a specified period (Article 12(2)). A person is not obliged to
respond to any such invitation.
Where a local authority receives a submission from a member of the public, it must
provide a copy to any other local authority concerned and to the applicant, who may
in turn make a submission to the permitting authority within four weeks (Article 12(3)
and (4).
7.
Timescale for determining an application
A local authority is required to make a decision to grant or refuse a permit application
as expeditiously as possible and in any event within  twelve weeks of the date of receipt of the complete application or of any further
information requested (under Article 9), or
 four weeks of the date of receipt of any submission received from the applicant
under article 12(4),
whichever is the latest (Article 14(1)).
While a local authority must make every effort to determine a permit application
within this timescale, provision is made (article 14(2)) for an authority to defer a
decision on an application in exceptional circumstances. In such cases, the local
authority must notify each party to the application (i.e. the applicant and any other
local authority concerned) and must specify a date by which the deferred decision will
be made. A local authority may only invoke this provision once, and is required to
take all necessary steps to ensure a decision by the specified date.
8.
Notification of decisions regarding collection permits
A local authority must give notice of a decision to grant or refuse a collection permit,
or to amend or revoke a permit following a review of same (Article 15). A
notification to an applicant, permit holder, another local authority or the EPA must be
accompanied by a copy of the permit granted or amended, as the case may be. Where
a collection permit is granted by a nominated authority, it must be made available for
inspection or purchase by each local authority concerned. In the case of a single
public submissions signed by multiple persons, it is sufficient for the permitting
authority to give notice only to the person who, in the opinion of the authority,
forwarded the submission (Article 15(6)).
9. Conditions attached to permits
A local authority may decide to grant a collection permit, subject to or without
conditions. In granting a collection permit, a local authority must be satisfied that the
activity in question, carried out in accordance with such conditions as may be attached
to the permit would not cause environmental pollution, and that the grant of the
permit is in accordance with the provisions of the authority’s waste management plan
and the EPA’s hazardous waste management plan (Section 34(4) of the 1996 Act).
Conditions attached to a permit must specify the requirements to be complied with in
regard to the waste collection activity concerned, and these may include such
requirements as are specified in section 34(7) of the 1996 Act.
Apart from these general enabling provisions, the Regulations specify various matters
which must be subject to relevant permit conditions (Articles 16, 17 and 18).
Article 16 requires a permitting authority to attach conditions that, in the opinion of
the authority, are necessary to give effect to certain specified provisions of the
following EU Directives  Council Directive 75/439/EEC, as amended, on the disposal of waste oils,
 Council Directive 87/217/EEC on the prevention and reduction of environmental
pollution by asbestos,
 Council Directive 91/689/EEC on hazardous waste, and
 Council Directive 94/67/EEC on the incineration of hazardous waste.
The relevant provisions of these Directives are set out in Annex 4.
A permit holder must be required to take steps to ensure the segregation, treatment or
recovery of all or part of the wastes collected (Article 18(e)). This provision is
intended to allow local authorities to require that all reasonable steps are taken by
commercial collectors to ensure that recyclable wastes are properly segregated, either
at source or in appropriate facilities, and to utilise available recycling and recovery
outlets for such wastes. It may be useful for permitting authorities to discuss
proposed conditions in this regard with applicants prior to determination of a permit
application (or with permit holders in the context of a review of a permit).
A permit holder must notify a permitting authority of any proposed increase in the
level of fees to be charged to householders for a collection service (Article 18(f)).
Fees charged to businesses would be regarded as commercially sensitive.
10.
Refusal to grant a collection permit
Under section 34(5)(a) of the 1996 Act, an application for a collection permit may be
refused (or a permit may be revoked) if the applicant (or permit holder) or any other
relevant person (see Articles 7(2) and 20) has been convicted of a prescribed offence.
Under Article 19, a range of offences under a number of statutes has been prescribed
for the purpose of section 34(5).
The fact that an applicant or other relevant person has in the past been convicted of a
prescribed offence does not mean that the relevant permit application must be refused.
Section 34(5) of the 1996 Act is an enabling provision, and a permitting authority
must exercise discretion in its application. A refusal to grant a collection permit on
these or other grounds would be appealable to the District Court (section 34(9) of the
1996 Act).
11.
Withdrawal of applications
An applicant may withdraw a permit application at any time before the local authority
determines it (Article 28). Such withdrawal will be deemed to constitute a refusal of
the application by the relevant local authority – accordingly, a relevant collection
activity carried on pursuant to Section 34(12) of the 1996 Act must then cease. A
local authority has absolute discretion to refund all or part of the application fee.
12.
Reviews of permits
A local authority may at any time review, and decide to amend conditions attached to,
or revoke, a permit which it has granted (Section 34(6) of the 1996 Act) and must
review a permit granted by it at least once every two years (article 21). The permit
holder must be notified in writing of the review and may be required by the permitting
authority to furnish specified information for the purpose of the review. The permit
holder may make a submission in relation to the review within three weeks of the date
of the notice of intention to review the permit. There is no requirement for public
consultation regarding the review of a collection permit, but a local authority would
be expected to have regard to any public submissions received in respect of a permit
holder in the period since the last review of the relevant permit.
13.
Appeals
An applicant for, or holder of, a waste collection permit may appeal to the relevant
District Court against a decision of a local authority to grant, refuse or amend a permit
within one month of the date of the decision (Section 34(9) of the 1996 Act). On
hearing an appeal, the District Court may make an order giving directions to the local
authority concerned regarding the grant, revocation or attachment of conditions to a
permit.
14.
Enforcement of the Regulations
Enforcement of the Regulations and of the terms of collection permits granted is a
matter for local authorities. In the case of a collection permit granted by a nominated
authority, the other local authorities in the region concerned may enforce the
conditions of that permit. Summary proceedings for an offence under the 1996 Act
may be brought by a local authority whether or not the offence is committed in the
authority’s functional area (Section 11(1) of the 1996 Act).
The powers of authorised officers, including powers relating to the boarding and
inspection of vehicles, are specified in section 14 of the 1996 Act. The provisions of
section 61 of the 1996 Act (Detention and forfeiture of certain vehicles and
equipment) may also be relevant to enforcement proceedings.
15.
Recovery of costs
A local authority may require an applicant to pay all or part of the cost of any
investigations carried out by or on behalf of the authority for the purpose of enabling
it to determine a permit application, subject to the proviso that any such payment,
taken together with the application fee, does not exceed the costs actually incurred by
the local authority (Article 13). This provision could encompass the cost of any
investigation carried out on behalf of the nominated authority by another local
authority in the region concerned.
Article 13 also provides for the recovery of all or part of the costs incurred by any
local authority in ongoing monitoring of compliance with a collection permit,
including the costs of inspections, investigations and analyses of waste samples.
These costs may be recovered on a case by case basis, on foot of a notice to the permit
holder – there is no provision for the imposition of a permit condition requiring the
payment of fixed amounts in respect of permit enforcement.
16.
Notices to local authorities
Brokers of or dealers in waste (within the meanings of section 5 of the 1996 Act) are
required to inform the local authority in whose functional area their principal place of
business is situated of that fact and maintain specified records. This requirement
should apply only in the case of brokers or dealers that are not commercial waste
collectors for the purposes of these Regulations, and thereby subject to permit
requirements.
Article 27(b) refers incorrectly to notifications received under Article 22(2) and may
be ignored.
17.
Non-application of other Regulations
Article 30 provides that Article 6 of the Waste Management (Movement of Hazardous
Waste) Regulations, 1998, which relates to the use of CI consignment notes, shall not
apply in respect of the movement within the State of waste oils, end of life vehicles,
or hazardous household, commercial or agricultural wastes collected at a bring facility
or by means of a segregated collections service provided to members of the public.
END
ANNEX 1
Groups of local authorities required to nominate
one authority for waste collection permitting purposes.
Region
Local Authorities
Connaught
Galway Corporation, Galway, Leitrim,
Mayo, Roscommon and Sligo County
Councils
Cork
Cork Corporation & Cork County
Council
Dublin
Dublin Corporation, Dun Laoghaire/
Rathdown, Fingal and South Dublin
County Councils
Midlands
Laois, Longford, Offaly, Tipperary (NR)
and Westmeath County Councils
Mid West
Limerick Corporation, Clare, Kerry and
Limerick County Councils
North East
Cavan, Louth, Meath and Monaghan
County Councils
South East
Carlow, Kilkenny, Tipperary (SR),
Waterford and Wexford County
Councils, Waterford Corporation
ANNEX 2
Waste Collection Permit
Application Process (Part 1)
Applicant publishes
notice
(Art. 5)
Application to
Local Authority (LA)
(within 2 weeks)
(Arts. 5 & 6)
Applicant to republish notice
if original is inadequate or
application is late
(Art. 8(2))
LA determines
(within 6 weeks)
whether application meets
Art. 7 requirements
Yes
LA may (within 6 weeks)
require further information
or evidence
(Art. 9)
No
LA may invite
submission
from any person
(Art. 12(2))
If failure to comply
LA may decide
on application
(Art. 9(3))
LA requires submission
of necessary information
within 4 weeks
(Art. 8(3)(b))
Applicant complies
LA may carry out
investigations &
recoup costs
(Art. 13)
Application made
available for public
inspection or purchase
(Art. 11)
If a nominated authority,
LA consults other
relevant LAs
(Art.10(1))
Written submissions
from public
(within 6 weeks)
(Art. 12)
Written submission
from relevant LAs
(within 6 weeks)
(Art. 10(2))
LA rejects application
(Art. 8(3)(a) or (4))
Applicant fails
to comply
ANNEX 2
Waste Collection Permit
Application Process (Part 2)
Submissions received
from public/ other LAs
regarding application
(Arts. 10 & 12)
LA copies public
submissions to applicant
& other relevant LAs
(Art. 12(3))
Applicant may make
written submission
to LA (within 4 weeks)
(Art.12 (4))
LA takes decision
on application
(within specified period)
(Art. 14)
LA makes permit available
for inspection/ purchase
(Art. 15(3))
LA notifies decision
to applicant, relevant LAs,
EPA & relevant public
(Arts. 15 & 24)
Applicant may appeal
to District Court
within 1 month
(Section 34(9) of Act)
District Court
may give direction
to LA
LA enters details
in register
(Arts. 11 & 12 of
S.I. 183/ 1997)
LA may review
anytime, but must do so
at least every two years
(Art. 21)
ANNEX 3
Sample Application Form for a Waste Collection Permit
For Office Use Only
Application No.
Date Received
1.
Name of Applicant:
_______________________________________________
2.
Trade Name(s) of Applicant:
_________________________________________
3.
Address of Principal Place of Business:
______________________________
______________________________
______________________________
______________________________
Telephone No.:
Fax. No.:
e-mail address:
4.
________________
________________
________________
Name and Address of Partners:
a) __________________________ b) ___________________________
__________________________
___________________________
__________________________
___________________________
__________________________
___________________________
c) __________________________ d) ___________________________
__________________________
___________________________
__________________________
___________________________
__________________________
___________________________
Continue on a separate sheet, if necessary
5. Address of Registered Office & Name, Address & Position of Company
Officers (if applicable):
_______________________________
a) __________________________ b) ___________________________
__________________________
___________________________
__________________________
___________________________
__________________________
___________________________
c) __________________________ d) ___________________________
__________________________
___________________________
__________________________
___________________________
__________________________
___________________________
Continue on a separate sheet, if necessary
6. Type of Waste Collected
Main Materials:
________________________________________
Estimated quantities (tonnes per annum)
________________________________________
Information regarding the type, quantity and nature of waste to be collected
(Paragraph (f)) should distinguish firstly between hazardous, non-hazardous and
inert wastes as well as a breakdown between industrial, commercial, household
and municipal waste. An estimate of the amount of waste being collected should
also be included.
7.
Areas in which Waste is collected: (Continue on separate sheet, if
necessary)
Area(s) in which
waste is collected
(state city or town
(giving localities or
areas) names,
Village and Rural
Area)
8.
Materials
Collected
Domestic
Fees
Charged
(£/€)
Location of the Facilities to which Collected Waste will be delivered for
Recovery/Disposal: (Continue on separate sheet, if necessary)
Location of
Facilities for
Recovery/
Disposal
9a.
Frequency
of Collection
Frequency
of Delivery
Materials Delivered
Licence/
Permit No.
State Vehicle Type, Registration No. and Volume for all Vehicles:
(Continue on separate sheet, if necessary)
Registration No.
Vehicle Type
Volume
(Cubic
Metres)
Evidence of Valid Tax
and Insurance attached
(Y/N)
TOTAL
9b.
Please state Skip Type and Volume for all Skip Containers: (Continue on
separate sheet, if necessary)
Skip Type
Volume (Cubic Metres)
Number
Total Volume
(Cubic Metres)
TOTAL
10a.
Has the applicant or any other relevant person been convicted of any
offence prescribed in Article 19 of the Waste Management (Collection
Permit) Act, 1996?
________________
10b
If yes, give required details
_________________________________________
_________________________________________
_________________________________________
_________________________________________
10c.
Have any requirements been imposed on the applicant by order of a court
under sections 57 or 58 of the Waste Management Act, 1996?.
________________
10d
If yes, give required details
_________________________________________
_________________________________________
_________________________________________
11.
Have you attached a copy of –
relevant newspaper notice
______
statutory declaration
current Tax Clearance/C2 Certificate
certificate of registration of trade name
12.
______
______
______
Amount of Fee attached: ________________
ANNEX 4
Provisions in Community Acts referred to in Article 16 and the Second Schedule
f the Regulations
Council Directive 75/439/EEC of 16 June 1975 on the disposal of waste oils, as amended
by Council Directive 87/101/EEC of 22 December 1986.
Article 2
Without prejudice to the provisions of Directive 78/319/EEC, Member States shall take the
necessary measures to ensure that waste oils are collected and disposed of without causing
any avoidable damage to man and the environment.
Article 10
1. During storage and collection, holders and collectors must not mix waste oils with PCBs
and PCTs within the meaning of Directive 76/403/EEC (Note: now Directive 96/59/EC)
nor with toxic and dangerous waste within the meaning of Directive 78/319/EEC.
Article 11
Any establishment, producing, collecting and or disposing of more than a given quantity of
waste oil per year, to be specified by each Member State but not higher than 500 litres, must:


keep a record of the quantity, quality, origin and location of such oils and of their dispatch
and receipt, including the dates of the latter and/or
convey such information to the competent authorities on request.
Member States are authorised to fix the quantity of waste oils in accordance in accordance
with the first subparagraph in terms of an equivalent quantity of new oil calculated according
to a reasonable conversion factor.
Article 12
Any undertaking which collects, holds and/or disposes of waste oils must convey to the
competent authorities, at their request, any information concerning the collection and/or
disposal of waste oils or their residues.
Council Directive 87/217/EEC of 19 March 1987 on the prevention and reduction of
environmental pollution by asbestos.
Article 8
Without prejudice to Directive 78/319/EEC, as last amended by the 1985 Act of Accession,
Member States shall take the measures necessary to ensure that:

in the course of the transport and the deposition of waste containing asbestos fibres or
dust, no such fibres or dust are released into the air and no liquids which may contain
asbestos fibres are spilled,

where waste containing asbestos fibres or dust is landfilled at sites licensed for the
purpose, such waste is so treated, packaged or covered, with account being taken of local
conditions, that the release of asbestos particles into the environment is prevented.
Council Directive 91/689/EEC of 12 December, 1991 on hazardous waste.
Article 2
2. Member States shall take the necessary measures to require that establishment and
undertaking which dispose of, recover, collect or transport hazardous waste do not mix
different categories of hazardous waste or mix hazardous waste with non-hazardous
waste.
3. By way of derogation from paragraph 2, the mixing of hazardous waste with other
hazardous waste or with other waste, substances or materials may be permitted only
where the conditions laid down in Article 4 of Directive 75/442/EEC are complied with
and in particular for the purpose of improving safety during disposal or recovery. Such
an operation shall be subject to the permit requirement imposed in Articles 9,10 and 11 of
Directive75/442/EEC.
4. Where waste is already mixed with other waste, substances or materials separation must
be effected, where technically and economically feasible, and where necessary in order to
comply with Article 4 of Directive 75/442/EEC.
Article 4
3. Article 14 of Directive 75/442/EEC shall also apply to producers of hazardous waste and
to all establishments and undertakings transporting hazardous waste.
4. The records referred to in Article 14 of Directive 75/442/EEC must be preserved for at
least three years except in the case of establishments and undertakings transporting
hazardous waste which must keep such records for at least 12 months. Documentary
evidence that the management operations have been carried out must be supplied at the
request of the competent authorities or of a previous holder.
Article 5
1. Member States shall take the necessary measures to ensure that, in the course of
collection, transport and temporary storage, waste is properly packaged and labelled in
accordance with the international and Community standards in force.
2. In the case of hazardous waste, inspections concerning collection and transport operations
made on the basis of Article 13 of Directive 75/442/EEC shall cover more particularly the
origin and destination of such waste.
Council Directive 94/67/EC of 16 December 1994 on the incineration of hazardous
waste.
Article 9
2. Transport and intermediate storage of dry residues in the form of dust, e.g. boiler dust and
dry residues from the treatment of exhaust gases, shall take place in closed containers.