Summary of feedback received on the Household Food Waste Regulations
Written submissions were received from the following stakeholders:
1. Greenstar Ltd (Mr Malcolm Dowling)
2. Stream BioEnergy Ltd (Mr Morgan Burke)
3. Chartered Institution of Wastes Management (Mr Enda Kiernan)
4. Louth County Council (Mr Raymond McKenna)
5. Meath County Council (Mr Larry Whelan)
6. Clean Ireland Ltd (Mr Michael O’Donoghue)
7. Cork County Council (Mr Nicholas Bond)
8. Limerick/ Clare/ Kerry Regional Waste Management Office (Ms Philippa King)
9. Irish Waste Management Association (Mr Darran Brennan)
PTU Units

Pay-to-use (PTU) compacting units dispose of mixed household waste. They can
have a useful role in waste infrastructure in remote rural areas or holiday home
developments where waste production is highly seasonal.

However PTU units have also become a common sight on garage forecourts and in
supermarket car parks, and in other places where authorised kerbside household
waste collection is also readily available.

In addition to operating at service stations etc, there are indications that PTU units
may now be sited on the premises of retail multiples, to generate greater footfall. The
sites for these units would essentially become un-manned waste disposal depots,
prone to abuse and mis-use.

Waste collectors have invested substantially in Ireland’s waste collection
infrastructure. Increasing use of PTU units is detrimental both to a collector’s
business, and also to the whole ethos of what has been successfully done up to now
with regards to source segregation. Allowing this practice to continue is a serious
step backwards and Ireland will ultimately pay, both environmentally and in terms of
job losses.

The viability of rural collection routes, in particular, is already under pressure due to
unacceptably low participation levels. If PTU units become more widespread, it would
make servicing the rural community unviable.

Where PTU units are authorised, they are regulated under Certificates of Regulation
that are issued by local authorities. Notwithstanding that the units fall under this form
of regulation (Facility Permit Regulations), the operation of the units results in
behaviour that appears to contravene or undermine the segregation or recovery of
household food waste.

In some local authority areas, by-laws have been introduced to ensure that PTU units
provide a recycling receptacle beside the main compactor unit. It is not clear that this
does anything to encourage recycling.

Under the new regulations, householders are obliged either to avail of a separate
kerb-side collection, to compost at home under specified conditions or to take food
waste to authorised facilities such as civic amenity sites, composting sites, anaerobic
sites etc.

PTU units are also authorised facilities – although they are not authorised for the
purposes of acceptance of food waste. If a unit is to be authorised for acceptance of
household waste then there is a need to provide a separate receptacle for
acceptance of dry recyclable waste as well as one for food waste.

The regulations also amend the Facility Permit Regulations but this needs to be
communicated and highlighted to local authorities and to operators of PTU units.

Householders need to be made aware that PTU units are not authorised at present to
accept food waste. Consideration should be given to specifying this point in the
regulations (perhaps under the “Prohibition of certain practices” heading.

PTU units must be made to operate to the same standard of source segregation as
do reputable waste collectors – including as regards the separation and treatment of
food waste.

Because there is not a pay by weight charging mechanism at the PTU units, food
waste can be disposed of in the black bag at no penalty.

Cork County Council’s policy on the regulation of PTU units has been operative since
May 2012. Approval (by certificate of registration process) is strictly conditioned and
the facilities are inspected regularly.

Broadly speaking, three main solutions to the issue have been suggested:
o Prohibit the installation of PTU units; or
o Permit the installation of PTU units in certain parts of the country, e.g. remote
settings or in holiday home destinations where no authorised kerbside waste
collection service is available (in this scenario, there would still be the need to
cater for the separate presentation and recovery/ disposal of dry recyclables,
residual and organic waste); or
o
To permit the installation of PTU units throughout the country, provided the
service providers cater for the separate presentation and recovery/ disposal of
dry recyclables, residual and organic waste, and charge accordingly.
PTU units and Civic Amenity Sites

PTU units, some Civic Amenity Sites and a number of Waste Facilities also accept
household waste. The Department should consider making specific reference to
these facilities in the regulations. Such reference would help to ensure that these
facilities also have a duty not to accept waste for disposal from an original food
producer who is not availing of a collection service for food waste in accordance with
the time schedule set out in Regulation 4, without first receiving a written declaration,
signed by the original food waste producer from which the waste is to be collected,
stating that the original food waste producer will
a. subject the food waste to a home composting process on the premises where
the food waste is produced; or
b. bring the food waste to an authorised facility with a view to its composting or
anaerobic digestion or treatment in a way which fulfils a high level of
environmental protection
Use of PTU units, Civic Amenity Sites etc and Animal By-Products legislation

“Authorised facility” for the purpose of the regulations means a facility that is
authorised for the treatment of waste (through a licence/ permit/ certificate etc) ad is
also authorised through the Animal By-Product regulations. The Department should
clarify whether these facilities, as well as Civic Amenity sites, qualify as authorised
for acceptance of food waste if they do not have approval under the Regulations.
Pricing structure

Use of the Brown Bin should be incentivised through the waste collection pricing
structure,
in
accordance
with
Section
4.3.1
of
A
Resource
Opportunity. Implementation of such structures can be helped by a strengthened
waste collection permitting system.

However, the pricing structure should firstly be enshrined in appropriate legislation to
ensure that it can be implemented consistently throughout the country whilst also
ensuring the legal enforceability of the collection permits. At present the requirement
for roll-out of brown bins is inconsistent from area to area with some regions
including provisions for brown bin services in waste collection permits and bye-laws,
and others not.

There should be a provision in the regulations requiring waste collectors to
implement appropriate pricing structures to ensure recovery of high quality organic
waste in a manner that maximises the potential of this waste as a valuable
resource. This legislative requirement could then be applied through waste collection
permits and bye-laws.

Getting high quality organic material into the brown bin and delivered to the treatment
facility in a timely manner is a vitally important issue for the composting and AD
industry in Ireland. If the pricing structure is not right, householders will not place the
brown bin out for regular collection or may simply put the organic waste in the bin
which is cheapest to have collected. This would mean that the organic waste does
not become available for treatment at compost and anaerobic digestion facilities
where the material can be converted to fertiliser and renewable energy. This would
also be contrary to Articles 4, 10, 11, 13 and 22 of the Waste Framework Directive.

Experience of pay-by-lift charging structures suggests that the bin is put out very
infrequently and the organic waste is left to decompose in the bin in order to create a
volume reduction. This significantly reduces the resource value of the organic waste
for biological treatment.

On the other hand, a flat-rate charging structure incentivises frequent collection of the
brown bin, as evidenced in the Fingal area. However, this type of structure can lead
to high contamination levels in the brown bin.

Another option is to have a per weight charging structure, in which the rate charged
for the brown bin is cheaper than the residual bin but with no per lift charge.

Pay by weight is a well tried and tested system that would bring clarity to the public in
terms of costs. It would also help to quantify the amount of waste being generated
and to allow for easier tracking of waste.

However, pay by weight charging structures are not compatible with the lifting of
kitchen caddies (usually 25 litre capacity) as such caddies cannot be lifted and
weighed by an RCV.
Definition of Authorised Waste Collector

As defined in the regulations, “authorised waste collector” is not a collector who is
permitted to collect household waste. Instead the definition appears to imply that an
authorised collector is simply a collector who is effectively permitted to collect EWC
code 20 01 08. It is possible to have a collection permit holder with this code who
only collects commercial waste. Similarly, it is possible to have a collector of
household waste who does not have this code. As the regulations only apply to
“authorised waste collectors”, collectors not “authorised” under the regulations
appear to be exempt. See Regulation 5(1-3) for example.
Definition of Authorised Treatment Process

Part (b) of the definition of “authorised treatment process” requires further
clarification: “where the Agency certifies that adequate processing facilities under (a)
are not available, treatment in other authorised facilities”.

Following meetings between the waste collectors and their local authority in relation
to the regulations, a query arose in relation to authorised treatment processes as
defined under the regulations and the waste hierarchy as per section 21A of the
Waste Management Act.

Composting is regarded as recycling, and thermal treatment with energy production
is regarded as recovery. The Department is asked to clarify whether anaerobic
digestion is regarded as recycling or recovery or both.
Definition of Producer
 The Department is asked to define “producer” in a more easily understood way. Is
part (b) of this definition intended to refer to the definition of “producer” in the
commercial food waste regulations (S.I. No. 508 of 2009)?
Waste to Energy

The Department is asked to clarify whether incineration is an acceptable form of
treatment for separately collected food waste.

The Department is asked to consider whether licensing amendments need to be
made to prevent food waste or incidental food waste from entering WtE facilities. For
example, mixed municipal waste (in licence) refers to source separated collection of
EWC 20 01 which includes paper, plastic, textiles, food waste, etc. but doesn’t refer
to source separation of EWC 20 02 waste (garden and park waste).
Class B Fines

In terms of enforcement it could be helpful if the amount of a Class B fine (Regulation
11) was stated.
Frequency of Collection

Food left too long is unusable for composting.

Does the wording of Regulation 5(2)(a)(ii) allow a waste collector to make a case to
the local authority for a brown bin collection system which is less frequent than
fortnightly?

A weekly collection encourages higher use of the brown bin and is currently the most
widely used system across Europe and allows the use of smaller vessels such as
caddies, which will have lower contamination levels.
Agglomerations

There is a need to identify clearly when and where the 2013 Regulations kick in
including maps based on census 2011 figures, which should include the environs of
the Towns.

Contiguous agglomerations such as Laytown/ Bettystown / Mornington should be
included.
Enforcement

Enforcement is a crucial element. The EPA’s National Waste Report 2011 signalled
poor compliance nationally with the existing commercial food waste regulations (S.I.
No. 508 of 2009). Estimates are at 25% compliance nationally and 45% in Dublin.
The role of local authority waste enforcement officers needs careful consideration.

Enforcement officers need clear guidance on what is acceptable in terms of home
composting facilities.

Regulation 9 of the commercial food waste regulations requires a waste collector to
give information to the local authority regarding premises which do not take up a
brown bin service. The Department should consider placing a similar requirement in
these Regulations.
Awareness-raising
 There is a need for a sustained awareness-raising campaign, especially given the
large number of households affected by the first deadline (1st July 2013).
Duty on Waste Collectors

The Department should consider whether the duty imposed on waste collectors is
sufficient. The following additional text to the regulations is suggested:
1. Not accept waste for disposal from an original food waste producer who is not
availing of a collection service for food waste in accordance with the time schedule
set out in Regulation 4 without first receiving a written declaration, signed by the
original food waste producer from which the waste is to be collected, stating that the
original food waste producer will
a. subject the food waste to a home composting process on the premises where
the food waste is produced; or
b. bring the food waste to an authorised facility with a view to its composting or
anaerobic digestion or treatment in a way which fulfils a high level of
environmental protection.
2. Inform the relevant local authority, on an annual basis and by the 31st December in
each calendar year, of persons who are refusing to avail of the source segregated
waste collection service and who have not provided the written declaration.
General

Without the development and supporting infrastructure for treatment, there will not be
enough facilities or capacity to deal with the amount of organic waste to be treated.

The Department is asked to clarify exactly what is required in these Regulations – the
separate collection of household food waste; or the collection of household food
waste and bio-waste which (as defined by Article 5 of the Waste Management Act)
includes biodegradable garden and park waste. Should the definition of food waste
extend to cooking oil and other substances used in food preparation?

The Department should consider a regulation prohibiting the placing of garden waste
and other bio-wastes in the residual bin (similar to Regulation 7(a) in respect of food
waste). This prohibition should also explicitly apply to the recycling bin.

Regulation 9 sets out a number of methods by which notices may be served under
these regulations. The Department should consider adding (as per 16 (f) of the
Waste Management Act) “by such other means as may be prescribed”.

It is suggested that reference to “any waste producer” at Regulation 10 (1) (i) will lead
to confusion, as a definition of “producer” is already cited.