STATUTORY INSTRUMENTS
S.I. No. ____ of 2010
WASTE MANAGEMENT (HOUSEHOLD FOOD WASTE COLLECTION)
REGULATIONS 2010
(Prn. __/____)
S.I. No. ____ of 2010
INDEX
PART I
1.
2.
3.
4.
5.
PRELIMINARY AND GENERAL
Citation.
Purpose of Regulations.
Interpretation
Duty on waste collectors to have a separate collection of food waste
Handling and prohibition on contamination of food waste before and after
collection
Direction to local authority to attach specific conditions
Amendment to the Collection Permit Regulations
Amendment to the Facility Permit Regulations
Entry into force.
6.
7.
8.
9.
S.I. No. ____ of 2010
WASTE MANAGEMENT (HOUSEHOLD FOOD WASTE COLLECTION)
REGULATIONS 2010
I, JOHN GORMLEY, Minister for the Environment, Heritage and Local Government,
in exercise of the powers conferred on me by sections 7, 15, 18, 19, 34, 36 and 50 of
the Waste Management Act 1996 hereby make the following regulations :
Citation.
1.
These Regulations may be cited as the Waste Management (Household Food
Waste Collection) Regulations 2010.
Purpose of Regulations.
2
The purpose for which these Regulations are made includes giving effect to
(a)
(b)
Council Directive 1999/31/EC of 26 April 19991 on the landfill of
waste, and
Directive 2008/98/EC of the European Parliament and of the Council
of 19 November 20082 on waste and repealing certain Directives;
Interpretation
3.
In these Regulations:
“Act” means the Waste Management Acts 1996 to 2010;
“Act of 1992” means the Environmental Protection Agency Act 1992 (No. 7 of
1992) as amended by Part 2 of the Protection of the Environment Act 2003 (No.
27 of 2003) and Section 107 of the Water Services Act 2007 (No. 30 of 2007);
“Act of 2000” means the Planning and Development Acts 2000 to 2009;
“authorised facility”, for the purposes of these Regulations, shall mean a facility that
is authorised for the treatment of waste in accordance with—
(a)
section 39 of the Act or section 82 of the Act of 1992 for the acceptance of
food waste; and
(b)
planning requirements, other than where—
(i)
an exemption from planning permission has been issued for the facility
through a declaration by a planning authority under section 5 of the
Act of 2000, or
(ii)
the facility does not constitute an unauthorised structure within the
meaning of section 2 of the Act of 2000; and, where appropriate,
(c)
Part 4 of the European Communities (Transmissible Spongiform
Encephalopathies and Animal By-Products) Regulations 20083 to
accept and treat the relevant types of food waste;
“authorised treatment process”, for the purposes of these Regulations, shall mean—
(a)
1
processing, transformation or use as raw material in an authorised facility,
other than incineration, which
(i)
produces a stabilised output, which fulfils all relevant product,
environmental and health protection requirements for the specific use,
and
(ii)
will not lead to overall adverse environmental or human health impacts
when used principally as—
O.J. No. L 182/1, 26 April 1999.
O.J. No. L 312/3, 22 November 2008.
3
S.I. No. 252 of 2008, as amended by S.I. No. 291 of 2009 and S.I. No. 345 of 2009..
2
—
—
—
—
—
(b)
a fertiliser, or
a soil improver, or
a replacement for fossil fuel in energy production processes, or
a petfood, or
such other lawful use, other than disposal, as may be approved
by the Agency.
Where the Agency certifies that adequate processing facilities under (a) are
not available, treatment in other authorised facilities;
“ authorised waste collector “ means a local authority or, as the case may be, a person
authorised under section 34 of the Act to collect the relevant classes of food waste and
organic waste;
"agglomeration" means an area where the population is sufficiently concentrated for
household food waste to be collected separately and transported to an authorised
treatment facility;
“biowaste” means source segregated household or commercial or industrial waste of
an organic or putrescible character, such as food or garden waste;
“Collection Permit Regulations” means the Waste Management (Collection Permit)
Regulations 20074, as amended by the Waste Management (Collection Permit)
(Amendment) Regulations 20085 and the Waste Management (Food Waste)
Regulations 20096;
“competent authority” means the authority responsible for the supervision and
enforcement of the relevant regulatory requirements within these Regulations and
includes, as the case may be, a local authority, the Agency, Department of
Agriculture, Fisheries and Food, or, where appropriate, other Government
Departments or Agencies;
“contaminate”, for the purposes of these Regulations, means the direct or indirect
introduction of
(a)
other wastes (other than specified biowaste), or
(b)
substances or preparations
to food waste so as to (i)
render it unsuitable for treatment (including composting), or
(ii)
to diminish the quality of end product
and “contaminated” and “contaminant” shall be construed accordingly;
“Facility Permit Regulations” means the Waste Management (Facility Permit and
Registration) Regulations 20077, as amended by the Waste Management (Facility
4
S.I. No. 820 of 2007.
S.I. No. 87 of 2008.
6
S.I. No. 508 of 2009.
7
S.I. No. 821 of 2007.
5
Permit and Registration) (Amendment) Regulations 20088 and the Waste
Management (Food Waste) Regulations 20099;
“organic waste” means any waste which is capable of undergoing decomposition
through a biological treatment process”;
“Regulation 1069” means Regulation (EC) No 1069/2009 of the European Parliament
and of the Council of 21 October 2009 laying down health rules as regards animal byproducts and derived products not intended for human consumption and repealing
Regulation (EC) No 1774/200210 ;
“Regulation 1774” shall mean Regulation (EC) No. 1774/2002 of the European
Parliament and of the Council of 3 October 2002 laying down health rules concerning
animal by-products not intended for human consumption11, as amended by
Commission Regulation (EC) No. 808/2003 of 12 May 200312, by Commission
Regulation (EC) No. 811/2003 of 12 May 200313, by Commission Regulation (EC)
No. 668/2004 of 10 March 200414, by Commission Regulation (EC) No. 878/2004 of
29 April 200415, by Commission Regulation (EC) No. 79/2005 of 19 January 200516,
by Commission Regulation (EC) No. 92/2005 of 19 January 2005 17, by Commission
Regulation (EC) No. 93/2005 of 19 January 200518, by Commission Regulation (EC)
No. 416/2005 of 11 March 200519, by Commission Regulation (EC) No. 2067/2005 of
16 December 200520, by Commission Regulation (EC) No. 181/2006 of 1 February
200621, by Commission Regulation (EC) No. 197/2006 of 3 February 200622, by
Commission Regulation (EC) No. 208/2006 of 7 February 200623, by Commission
Regulation (EC) No. 209/2006 of 7 February 200624, by Commission Regulation (EC)
No. 1192/2006 of 4 August 200625, by Commission Regulation (EC) No. 1678/2006
of 14 November 200626, by Commission Regulation (EC) No. 2007/2006 of 22
December 200627, by Commission Regulation (EC) No. 185/2007 of 20 February
200728, by Commission Regulation (EC) No. 829/2007 of 28 June 200729, by
Commission Regulation (EC) No. 832/200730, by Commission Regulation (EC) No.
8
9
S.I. No. 86 of 2008.
S.I. No. 508 of 2009.
10
O.J.No. L300, 14.11.2009,p.1.
O.J. No. L273, 10.10.2002, p.1.
12
O.J. No. L117, 13.5.2003, p.1.
13
O.J. No. L 117, 13.5.2003, p.14.
14
O.J. No. L112, 19.4.2004, p.1.
15
O.J. No. L 162, 29.4.2004, p.62.
16
O.J. No. L 16, 20.1.2005, p.46.
17
O.J. No. L19, 21.1.2005, p.27.
18
O.J. No. L19, 21.1.2005, p.34.
19
O.J. No. L66, 12.3.2005, p.10.
20
O.J. No. L 331, 17.12.2005, p.12.
21
O.J. No. L29, 2.2.2006, p.31.
22
O.J. No. L 32, 4.2.2006, p. 13
23
O.J. No. L36, 8.2.2006, p.25.
24
O.J. No. L36, 8.2.2006, p. 32.
25
O.J. No. L215, 5.8.2006, p. 10.
26
O.J. No. L314, 15.11.2006, p.4.
27
O.J. No. L379, 28.12.2006, p.98.
28
O.J. No. L63, 1.3.2007, p. 4.
29
O.J. No. L191, 21.7.2007, p.1.
30
O.J. No. L185, 17.07.2007, p. 7.
11
1256/2007 of 25 October 200731, by Commission Regulation (EC) No. 1432/200732,
by Commission Regulation (EC) No. 1576/2007 of 21 December 200733, by
Commission Regulation (EC) No. 399/2008 of 5 May 200834, by Commission
Regulation (EC) No. 437 of 200835, by Commission Regulation (EC) No. 523 of
200836, by Commission Regulation (EC) No. 777/2008 of 4 August 200837 and by
Commission Regulation (EC) No 129/2009 of 13 February 200938;
“residual waste”, for the purposes of these Regulations, means the fraction of
municipal waste presented for collection remaining after the source separation of
municipal waste fractions (e.g. food and garden waste, packaging, paper, metals, and
glass) and shall also include materials extracted from source-segregated municipal
waste which are unsuitable for recycling or treatment;
“specified biowaste”, for the purposes of these Regulations, means biowaste other
than food waste, such as garden and landscaping waste, that may be specified by an
authorised waste collector for presentation by the householder in a source segregated
biowaste collection on the basis of, as the case may be,
(i)
a Waste Management Plan;
(ii)
a Waste Collection Permit Condition; or
(iii) a Waste Presentation Bye-law.
“waste collection permit” means a waste collection permit issued under the Collection
Permit Regulations or the Waste Management (Collection Permit) Regulations
200139.
“waste presentation bye-laws” means bye-laws within the meaning of section 35 of
the Act in relation to the presentation of waste for collection by an authorised waste
collector and made by a local authority in accordance with Part 19 of the Local
Government Act 2001;
Duty on waste collectors to have a separate collection of food waste
4.
(1)
Without prejudice to the power of any local authority to provide for
additional policy objectives under a relevant waste management plan
or to apply more onerous conditions under a waste collection permit or
under a waste presentation bye-law, authorised waste collectors shall
ensure, as a minimum, that they provide or arrange for the provision of
a separate collection service for food waste from households in
accordance with the following time schedule:
31
O.J. No. L282, 26.10.2007, p. 30.
O.J. No. L320, 6.12.2007, p.13.
33
O.J. No. L340, 22.12.2007, p. 89.
34
O.J. No. L118, 6.5.2008, p.12.
35
O.J. No. L132, 22.5.2007, p.7.
36
O.J. No. L153, 12.6.2008, p.23.
37
O.J. No. L207, 5.8.2008, p. 9.
38
O.J. No. L44, 14.02.2009, p. 3.
32
39
S.I. No. 402 of 2001, as amended by the Waste Management (Collection Permit)
(Amendment) Regulations 2001 (S.I. No. 540 of 2001).
(2)
(3)
(i)
from 1 July 2011, for all households situated within
agglomerations greater than 50,000 population, and
(ii)
from 1 January 2012, for all households situated within
agglomerations greater than 1,500 population.
Where an authorised waste collector provides or arranges for the
provision of a service in accordance with paragraph (1), such a
separate collection service(a)
shall be provided at least once a fortnight and no less frequent
than the residual waste collection service; and
(b)
may form part of the services provided for the segregated
collection of garden and/ or other suitable organic waste.
Food waste collected by an authorised waste collector in accordance
with this Regulation shall be transferred to an authorised facility for
the purposes of an authorised treatment process.
Handling and prohibition on contamination of food waste before and after collection
5.
(1)
(2)
Household food waste segregated or collected for the purposes of
treatment in accordance with Regulation 4 shall not be—
(a)
mixed with other waste, other than specified biowaste, or other
material with different properties, or
(b)
disposed of by an authorised waste collector or any other
person prior to delivery to an authorised facility for the
purposes of an authorised treatment process.
Following reception at an authorised facility for the purposes of an
authorised treatment process and without prejudice to amendments
made for the purposes of—
(a)
blending of food wastes with other suitable organic waste
materials, or
(b)
improving the substance and structure of food waste in order to
facilitate the efficient and effective treatment of the food waste
at that facility,
a person shall not contaminate food waste.
(3)
Paragraphs (1) and (2) shall not prejudice the disposal of waste which,
in the reasonable opinion of the competent authority, is considered
unsuitable for beneficial use arising out of any treatment operation
authorised under the Act, the Act of 1992 or under Regulation 1774 or
Regulation 1069.
Direction to local authority to attach specific conditions
6.
(1)
Local authorities are hereby required by 31 March 2011 to review and
revise all waste collection permits relating to the collection of
household waste and to specify conditions in such permits to ensure
compliance by authorised waste collectors with these Regulations.
(2)
Local authorities shall not impose a charge for the review of waste
collection permits undertaken in accordance with paragraph (1).
Amendment to the Collection Permit Regulations
7. The Collection Permit Regulations are amended by—
(a)
deleting “and” at the end of paragraph (l) of sub-article 7(1);
(b)
substituting for paragraph (m) of sub-article 7(1), the following
paragraph—
“(l)
(c)
information, where relevant to the type of waste intended to be
collected, on how the applicant will collect food waste in
compliance with the Waste Management (Food Waste)
Regulations 2009, and”;
inserting after paragraph (m) of sub-article 7(1), the following
paragraph—
“(n)
information, where relevant to the type of waste intended to be
collected, on how the applicant will collect food waste in
compliance with the Waste Management (Household Food
Waste Collection) Regulations 2010.”;
(d)
deleting “and” at the end of paragraph (b) of sub-article 20(1);
(e)
substituting for paragraph (c) of sub-article 20(1), the following
paragraph—
“(c)
(f)
in the reasonable opinion of the nominated authority, necessary
to give effect to the segregation, separation, storage and
collection of food waste in accordance with the Waste
Management (Food Waste) Regulations 2009, and”;
inserting after paragraph (c) of sub-article 20(1), the following
paragraph—
“(d)
in the reasonable opinion of the nominated authority, necessary
to give effect to the segregation, separation, storage and
collection of food waste in accordance with the Waste
Management (Household Food Waste Collection) Regulations
2010.”;
(g)
inserting after sub-article (0) of article 21, the following sub-article—
“(p)
(h)
the contravention of Regulations 4 and 5 of the Waste
Management (Household Food Waste Collection) Regulations
2010.”;
substituting for paragraph (c) of sub-article 29(1), the following
paragraph—
“(c)
the activity is, or may be, in contravention of the Waste
Management (Facility Permit and Registration) Regulations
2007, Waste Management (Movement of Hazardous Waste)
Regulations 1998, Waste Management (Shipments of Waste)
Regulations 2007, Waste Management (Food Waste)
Regulations 2009 or Waste Management (Household Food
Waste Collection) Regulations 2010”.
Amendment to the Facility Permit Regulations
9.
The Facility Permit Regulations are amended by—
(a)
substituting for paragraph (ii) of sub-article 10(1), the following
paragraph—
“(ii)
(b)
inserting after paragraph (ii) of sub-article 10(1), the following
paragraph—
“(jj)
(c)
in the case of a waste facility permit application or a certificate
of registration, as the case may be, which involves the
treatment of food waste, details of how the applicant intends to
manage food waste collected in accordance with the Waste
Management (Food Waste) Regulations 2009, and”;
in the case of a waste facility permit application or a certificate
of registration, as the case may be, which involves the
treatment of food waste, details of how the applicant intends to
manage food waste collected in accordance with the Waste
Management (Collection Permit)(Amendment) Regulations
2010.”;
substituting for subparagraph (iv) of paragraph 19(1)(b), the following
subparagraphs—
(iv)
to effect the recovery of food waste collected in accordance
with the Waste Management (Food Waste) Regulations 2009,
or
(v)
(d)
(e)
substituting for sub-articles (o) and (p) of article 22, the following subarticles—
“(o)
the contravention of Regulations 6, 7, 8, 9, 10, 11 or 12 of
the Waste Management (Food Waste) Regulations 2009,
(p)
the contravention of Regulations 4 and 5 of the Waste
Management (Household Food Waste Collection) Regulations
2010 or, as appropriate,
(q)
an offence under Article 43 of these Regulations.”;
substituting for paragraph (c) of sub-article 36(1), the following
paragraph—
“(c)
(f)
to effect the recovery of food waste collected in accordance
with the Waste Management (Household Food Waste
Collection) Regulations 2010”;
activity is, or may be, in contravention of the Waste
Management (Collection Permit) Regulations 2007, the Waste
Management (Movement of Hazardous Waste) Regulations
1998, the Waste Management (Shipments of Waste)
Regulations 2007, or the Waste Management (Food Waste)
Regulations 2009, or the Waste Management (Household Food
Waste Collection) Regulations 2010, or the European
Communities (Transmissible Spongiform Encephalopathies and
Animal By-Products) Regulations 2008, or”;
substituting for paragraph (c) of sub-article 38(7), the following
paragraph—
“(c)
the activity is, or may be, in contravention of the Waste
Management (Collection Permit) Regulations 2007, the Waste
Management (Movement of Hazardous Waste) Regulations
1998, the Waste Management (Shipments of Waste)
Regulations 2007, or the Waste Management (Food Waste)
Regulations 2009, or the Waste Management (Household Food
Waste Collection) Regulations 2010, or the European
Communities (Transmissible Spongiform Encephalopathies and
Animal By-Products) Regulations 2008, or”.
Entry into force.
10. These Regulations shall enter into force on [XXX] .
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal
interpretation.)
These Regulations require waste collectors to provide or arrange for the phased
provision of a separate collection for household food waste from 1 July 2011.