In accordance with Section 39 of the Waste Management Act, 1996, as amended, a person shall not dispose of or undertake the recovery of waste (including the treatment of waste) at a facility, and may only do so under and in accordance with a waste licence that is in force in relation to the carrying on of the activity concerned at that facility.
This means any person (i.e. individual, company or partnership) disposing of or undertaking the recovery of waste at a facility requires prior authorisation, in the form of a Waste Licence, or, a Waste Facility Permit, or, a Certificate of Registration, and, shall comply with the terms and conditions attached to such authorisation.
Waste authorisation in the form of a Waste Facility Permit or a Certificate of Registration is issued by the Local Authority within which the facility is to be situated. The waste authorisation may upon application be issued by the Local Authority to any person to carry on a waste activity or activities listed in the 3rd Schedule of the Waste Management (Facility Permit and Registration) Regulations, 2007, as amended.
In applying for a Waste Facility Permit or a Certificate of Registration the applicant must demonstrate that:
- the carrying on of the activity will not result in environmental pollution;
- the carrying on of the activity will not result in emissions that breach environmental standards;
- in the carrying on of the activity best available techniques will be used to prevent or minimise emissions,
- they are a fit and proper person to carry on the activity, and
- the facility is compliant with planning or exempt from planning.
Waste Facility Permit and Registration Regulations
The Waste Management (Facility Permit and Registration) Regulations 2007, S.I. No. 821 of 2007, as amended came into effect on the 01st June 2008. The Regulations set out the procedures for the making of Waste Facility Permit and Certificate of Registration applications, public consultation, consideration by local authorities of submissions in relation to permit applications, and the grant, refusal, review, amendment, transfer, revocation and surrender of Waste Facility Permits and Certificates of Registration by Local Authorities and the Environmental Protection Agency (EPA). They replaced the Waste Management (Permit) Regulations 1998.
Key changes to Waste Management (Facility Permit and Registration) Regulations 2007 as amended are:
- Provision to enable the Environmental Protection Agency (EPA) to decide on whether, having regard to particular circumstances, the facility requires a waste license or permit or certificate of registration.
- Empower local authorities to recover all or part of the reasonable costs incurred by ongoing monitoring of compliance with a facility permit, including the costs of inspections and investigations.
- A local authority shall not grant a waste facility permit unless it is satisfied that the facility is planning compliant.
- Empower local authorities to attach such conditions to a waste facility permit as are necessary to give effect to the objectives of regional Waste Management Plans or the National Hazardous Waste Management Plan.
- Empower local authorities to attach such conditions to a waste facility permit as are necessary to encourage sound environmental management of waste and in particular to encourage waste prevention, re-use, recycling and recovery.
The Regulations are available to view and download from the Department of Communications, Climate Action and Environment website at:
Please note these Regulations are subject to amendment from time to time.
Guidance on the Waste Facility Permit and Registration Regulations
There are currently 13 Classes of Activity subject to Waste Facility Permits and 14 Classes of Activity subject to Certificates of Registration. The EPA has developed a DECISION TREE that will assist in determining which authorisation applies to your waste activity.
The Guidance Manual on the Waste Management (Facility Permit and Registration) Regulations is available from the EPA on the link: http://www.epa.ie/downloads/advice/waste/wastepermitregulations/
There are no expressed exemptions available under the Facility Permit and Registration Regulations. However, the Environmental Protection Agency (EPA) may determine the requirement to hold a waste authorisation under these regulations is not needed. A determination is made in response to an online application being to the EPA under Article 11 of the Regulations. See www.epa.ie/licensing/licques/article11declarations/ for further details.
'The list of authorised waste facilities in Ireland issued under the Waste Management (Facility Permit and Registration) Regulations 2007, including those issued by Kilkenny County Council, is available on the NWCPO Website at http://facilityregister.nwcpo.ie/