The Gazette 1996

GAZETTE

as a general rule, make arrangements for the collection of household waste and may make arrangements for other wastes. Authorities may conduct collections themselves, or contract them out to others. Where contracted out, private enterprises are required by section 34 to secure a waste collection permit from the local authority. Conditions may be attached to permits concerning, for example, wastes to be collected, methods of collection, applicable standards, destinations of waste, and documentation, information and insurance requirements. Movements of waste Under section 36, the Minister may make regulations on the supervision and control of movements with the prevention of environmental pollution in mind. Among other controls, these may extend to requiring authorisation to be sought from the EPA or a local authority. Waste recovery and disposal The most detailed controls are reserved for activities concerning the ultimate destinations of waste materials, i.e. recovery and disposal. The activities concerned are listed in the Third and Fourth Schedules and regulated by the provisions of Part V. The essential prerequisite for the conduct of a recovery or disposal activity is the securing of a section 39 waste licence. These are granted in accordance with section 40. To secure a licence, an applicant must be a "fit and proper person" to the satisfaction of the EPA. According to section 40(7), a person is regarded as "fit and proper" where (i) in possession of the "requisite technical knowledge or qualifications", (ii) able to meet any financial commitments or liabilities and (iii) not convicted of a prescribed offence under the Act. The Minister is empowered to make regulations on appropriate criteria.

The Act, generally, does not apply to emissions into the atmosphere, sewage and sewage effluent, treatment or discharge of effluents, dumping of waste at sea or radioactive substances (section 3). Although in the wider sense these matters are waste emissions, they are more appropriately regulated by existing pollution legislation. III. New statutory duties in the management of waste General duty of a holder of waste The most onerous of the Act's statutory duties is the section 32 general duty of a holder of waste requiring that "[a] person shall not hold, transport, recover or dispose of waste in a manner that The intention behind this duty is to impose responsibility for the proper management of waste on the appropriate person at the appropriate instance, thereby minimising the opportunity for environmental pollution. The main plank of the duty is the prohibition on persons transferring the "control of waste" to any person other than an appropriate person as defined in the Act. Other environmental safeguards include the requirement to comply with notification obligations in the event of a pollution or pollution-threatening incident, and the granting of powers to the Minister to make regulations on requirements to hold an insurance policy and on the provision of specified particulars. Due regard to waste prevention and minimisation The second principal statutory duty, in section 28(2), requires persons in the industrial, commercial and agricultural sectors to have "due regard" to preventing or minimising the production of waste. This duty comprises taking all necessary reasonable steps in relation to activities, including product design, and complying with any steps specified by ministerial regulations. III. Main legal procedures 1. Public authority consents - controlling waste activities Waste collection Under section 33, local authorities must, causes or is likely to cause environmental pollution."

technical emissions controls; monitoring; keeping records on wastes received and operations performed.

Licences may be reviewed or transferred. They may also be

surrendered, but only with the express acceptance of the EPA in the manner outlined in section 48. The purpose of this provision is to prevent facilities from being abandoned with problems still-outstanding, e.g. non-compliance with conditions on the aftercare of landfill sites. 2. Waste management plans - official strategies Local authorities are obliged under section 22 to produce a waste management plan. These plans must cover the main strategic matters necessary for an orderly waste policy, programmes and measures for disposing of waste without causing pollution. In addition, authorities are required to provide detailed information on, for example, waste statistics, facilities and enforcement. The mantle of responsibility for formulating a national hazardous waste management plan falls on the EPA. The general requirements for, and specific contents of, this plan are set out in considerable detail in section 26. IV. Enforcement The Act introduces a diverse range of enforcement options including the high criminal penalties first seen in the EPA Act, 1992 and interesting civil remedies in the courts of first instance. 1. Administrative action Monitoring and inspection Local authorities and the EPA are obliged by section 15 to ensure, where necessary, that the monitoring of emissions to the environment resulting from waste management and the periodic inspection of waste facilities are carried out. The Minister may require persons, whose activities are monitored or inspected, to defray costs incurred by the authorities. The authorities must keep adequate records of these functions. They may also for instance prevention and minimisation goals, recovery

The grant of a waste licence will inevitably be made subject to

conditions, and the types of conditions which are likely to be considered are outlined in section 41. They include the following obligatory conditions:

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