S.I. No. 33/1982:

THE EUROPEAN COMMUNITIES (TOXIC AND DANGEROUS WASTE) REGULATIONS, 1982.

THE EUROPEAN COMMUNITIES (TOXIC AND DANGEROUS WASTE) REGULATIONS, 1982.

The Minister for the Environment in exercise of the powers conferred on him by section 3 of the European Communities Act, 1972 (No. 27 of 1972) and for the purpose of giving effect to the Council Directive of 20th March, 1978 No. 78/319/EEC* hereby makes the following Regulations:--

*O.J. No. L 84/43, 31st March, 1978.

1. (1) These Regulations may be cited as the European Communities (Toxic and Dangerous Waste) Regulations, 1982.

(2) These Regulations shall come into operation on the 1st day of January, 1983.

2. (1) In these Regulations--

"authorised person" means a person appointed by a local authority or by the Minister to be an authorised person for the purposes of these Regulations;

"Community" means the European Economic Community;

"the Council Directive" means the Council Directive of 20th March, 1978 No. 78/319/EEC;

"disposal" includes the collection, sorting, carriage and treatment of toxic and dangerous waste as well as its storage and tipping above or under ground and the transformation operations necessary for its recovery, re-use or recycling and cognate words shall be construed accordingly;

"local authority" means--

( a ) in the case of the administrative county of Dublin, excluding the borough of Dún Laoghaire, the Council of the County of Dublin,

( b ) in the case of the borough of Dún Laoghaire, the corporation of the borough,

( c ) in the case of a county borough, the corporation of the county borough, and

( d ) in the case of any other administrative county, the council of the county;

"the Minister" means the Minister for the Environment;

"special waste plan" has the meaning assigned to it by article 4 (1) of these Regulations;

(2) A word or expression that is used in these Regulations and is also used in the Council Directive has, unless the contrary appears, the meaning in these Regulations that it has in that Directive.

(3) Where toxic and dangerous waste is imported into the State, the waste shall be regarded for the purposes of these Regulations as having been produced at the point of entry by the importer or the person who receives it at the point of entry on the importer's behalf.

3. Each local authority shall be responsible for the planning, organisation, and supervision of operations for the disposal of toxic and dangerous waste in their area and the authorisation of the storage, treatment and depositing of such waste.

4. (1) Each local authority shall as soon as may be prepare a plan (in these Regulations referred to as a "special waste plan") for the disposal of toxic and dangerous waste indicating--

( a ) the types and quantities of toxic and dangerous waste to be disposed of;

( b ) the methods of disposal;

( c ) specialised treatment centres where necessary;

( d ) suitable disposal sites.

(2) A special waste plan shall be designed to secure that toxic and dangerous waste is disposed of without endangering human health and without harming the environment and, in particular--

( a ) without risk to water, air, soil, plants or animals;

( b ) without causing a nuisance through noise or odours; and

( c ) without adversely affecting the countryside or places of special interest.

(3) A special waste plan may include the estimated costs of disposal operations and such other matters as the local authority may consider appropriate having regard to the purposes of the Council Directive.

(4) Where a local authority have made a special waste plan they shall, from time to time as occasion may require or whenever they are directed to do so by the Minister, review the plan and make any variations in it (whether by way of alteration, addition or deletion) which they consider proper or make a new plan.

(5) Where a local authority make a special waste plan or variations of any such plan, they shall cause a notice of making to be published in at least one newspaper circulating in their area.

(6) A notice under subarticle (5) of this article shall state that a copy of the plan or variations is available for inspection at a stated place and at stated times (and the copy shall be kept available for inspection accordingly).

5. (1) A local authority may issue a permit to any person, including another local authority, for the storage, treatment or deposit of toxic and dangerous waste in their area.

(2) A permit under this article shall specify--

( a ) the type and quantity of waste;

( b ) the technical requirements;

( c ) the precautions to be taken;

( d ) the disposal sites;

( e ) the methods of disposal.

(3) A permit under this article may--

( a ) include conditions and obligations;

( b ) require that there be made available to the local authority information in relation to the waste;

( c ) be granted for a specified period; and

( d ) be renewed.

(4) A person, other than a local authority acting in its own area, shall not carry out the storage, treatment or deposit of toxic and dangerous waste, whether on his own behalf of that of another person, without an appropriate permit issued in pursuance of this article or in a manner contravening the terms of such permit.

(5) A person producing or holding toxic and dangerous waste who does not hold a permit under this article shall as soon as possible have such waste stored, treated or deposited by a person holding an appropriate permit or by a local authority.

6. (1) A person shall not abandon toxic and dangerous waste or consign, tip, carry or discharge toxic and dangerous waste otherwise than in accordance with these Regulations.

(2) A person collecting, transporting, storing or depositing toxic and dangerous waste shall ensure that such waste is kept separate from other matter and residues in any case where contact with such matter or residues would be likely to give rise to a danger to human health or to harm the environment.

(3) A person consigning toxic and dangerous waste shall ensure that the packaging of the waste is appropriately labelled, the labels to indicate in particular the name and address of the producer of the waste, its nature, composition and quantity and, where applicable, the need to keep the waste separate from other matter and residues.

(4) A person transporting or storing toxic and dangerous waste shall take due precautions to ensure that the labelling provided for the waste is maintained in a legible condition.

7. (1) The holder of a permit under article 5 of these Regulations and any person producing, holding or disposing of toxic and dangerous waste shall maintain a register of such operations showing the quantity, nature, physical and chemical characteristics and origin of such waste and of the methods and sites used for disposing of such waste, including, where applicable, the dates of receipt and disposal and shall make the register available for examination by any authorised person and shall provide any relevant information when so requested by an authorised person.

(2) Any person disposing of toxic and dangerous waste by way of deposit on land shall record the location of each deposit of such waste and such records shall be regarded as being part of the register kept pursuant to subarticle (1) of this article.

(3) The records required to be kept in accordance with subarticle (2) of this article shall comprise a plan marked with a grid by means of which the location of deposits may be determined.

(4) Deposits recorded pursuant to subarticle (2) of this article shall be described by reference to the entries in the register kept in accordance with subarticle (1).

(5) Records kept pursuant to subarticle (2) of this article shall be sent to the local authority for the area for retention when the permit expires or is surrendered or when the depositing of waste on the site has ceased, whichever sooner occurs.

8. (1) Consignment notes shall be completed and dealt with in accordance with subarticle (3) or subarticle (4) as appropriate) of this article in respect of every consignment of toxic and dangerous waste (other than movements of waste within the premises where it is produced, or is being stored, treated or deposited).

(2) Consignment notes shall--

( a ) where they are to be used for a consignment to a destination within the State, be in the form set out in Schedule 1 to these Regulations and otherwise be in the form set out in Schedule 2 to these Regulations;

( b ) before use, be bound in books and be numbered serially in quintuplicate;

( c ) have printed on each copy instructions as to how the copy should be dealt with.

(3) Where the waste is being consigned to a destination within the State, the following provisions shall apply:--

( a ) the producer or holder of the waste (as the case may be) or his representative shall, before despatching the consignment, complete Part A on all five copies in a set of the appropriate consignment notes and the person collecting the waste shall complete Part B on all five copies, which Part shall be witnessed by the producer or holder of the waste or his representative;

( b ) the producer or holder shall--

(i) give the top four copies of the consignment note to the person collecting the waste for transport; and

(ii) retain the remaining copy;

( c ) the person transporting the waste shall ensure that the waste while in transit is accompanied by the copies of the consignment note given to him in accordance with paragraph (b) of this subarticle and, when delivering the waste to the person to whom it has been consigned, give the four copies of the consignment note to that person;

( d ) the person receiving the waste shall--

(i) complete Part C on the four copies;

(ii) retain a copy;

(iii) return a copy to the person who delivered the waste;

(iv) send a copy to the local authority for the area where the waste was produced or last held, as the case may be; and

(v) send a copy to the local authority for the area in which the waste is received.

( e ) the person who delivered the waste shall retain the copy of the consignment note returned to him by the person receiving the waste.

(4) Where the waste is to be consigned to a destination outside the State the following provisions shall apply:--

( a ) the producer or holder of the waste (as the case may be) or his representative shall, before despatching the consignment, complete Part A on the five copies in a set of the appropriate consignment notes and the person collecting the waste shall complete Part B on all five copies, which Part shall be witnessed by the producer or holder of the waste or his representative;

( b ) the producer or holder shall--

(i) give a copy of the consignment note to the person collecting the waste for transport;

(ii) send two copies to the local authority for the area where the waste then is;

(iii) attach a copy to the documents being sent to the person who will receive the waste at the point of entry to the country to which the waste is being consigned; and

(iv) retain the remaining copy;

( c ) the person transporting the waste shall ensure that the waste while in transit is accompanied by the copy of the consignment note given to him in accordance with subparagraph (b) (i) of this subarticle until such time as the waste either leaves the State or is accepted for loading on a ship or an aircraft for the purpose of export and he shall, thereafter, retain the form;

( d ) subject to subparagraph (e) of this subarticle, the producer or holder shall obtain documentary evidence of the arrival of the waste at its destination and retain such evidence until a date two years after the date of export;

( e ) where, by reason of the loss of the waste in transit or any other cause, the producer or holder is unable to comply with paragraph (d) of this subarticle, he shall inform the local authority of the circumstances which prevented compliance with that paragraph.

(5) Except where alternative arrangements are agreed with the local authority concerned, all forms to be sent to local authorities in accordance with subarticles (3) and (4) of this article shall be sent not later than the day (excluding any day that is a Saturday, Sunday, Good Friday and any day that is a public holiday for the purpose of the Holiday (Employees) Act, 1973 (No. 23 of 1973)) next following the day on which the waste is consigned or received (as the case may be).

(6) Consignment notes retained pursuant to subarticles (3) and (4) of this article shall be kept for at least two years from the date of the completion of the movement of waste to which they refer.

9. (1) An authorised person shall have power to--

( a ) enter, inspect, examine and search at any reasonable time--

(i) any structure, premises or other land in or on which he has reasonable cause to believe that toxic and dangerous waste is being produced or held or is being disposed of; or

(ii) any vehicle or container which he has reasonable cause to believe is being used for the holding or disposal of toxic and dangerous waste;

( b ) require the person who appears to him to be in charge of such structure, premises or other land or vehicle or container to produce any substance or object which is in the possession or under the control of that person and which the authorised person suspects of being or containing toxic and dangerous waste and may require such person, or any person employed in or on such structure, premises or other land or vehicle, to produce any books, records or other documents which relate to any such substance or object;

( c ) inspect any substance or object and any book, record or other document produced in accordance with a requirement under these Regulations and, if he thinks fit, make a copy of an entry in such book, record or document;

( d ) make such examination and inquiry as may be necessary to ascertain whether the provisions of these Regulations are being complied with; and

( e ) in case, in the course of exercising a power conferred on him by this article, an authorised person finds or has produced to him any substance or object which appears to him to be or to contain toxic and dangerous waste, require the person who appears to him to be in control of such substance or object to give to him such information as it is in that person's power to give as to who is the owner of the substance or object and the origin thereof.

(2) When exercising any powers conferred by these Regulations, an authorised person shall, if so required, produce evidence of his authority.

10. A person who contravenes or fails to comply with a provision of these Regulations (other than article 4) or who obstructs or interferes with an authorised person in the exercise of a power conferred by these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or at the discretion of the court to imprisonment for a term not exceeding six months or to both such fine and such imprisonment.

11. A prosecution for an offence under these Regulations may be taken--

( a ) in the case of obstruction of or interference with an authorised person appointed by the Minister, and

( b ) in any other case, by the local authority.

12. These Regulations shall not apply to--

( a ) radioactive waste;

( b ) animal carcases and agricultural waste of faecal origin;

( c ) explosives;

( d ) hospital waste;

( e ) effluents discharged into sewers and watercourses;

( f ) emissions to the atmosphere;

( g ) household waste;

( h ) mining waste;

( i ) other toxic and dangerous waste covered by specific Community rules.

13. The European Communities (Waste) Regulations, 1979 ( S.I. No. 390 of 1979 ) shall not apply to toxic and dangerous waste.

SCHEDULE 1

European Communities (Toxic and Dangerous Waste) Regulations, 1982.

Consignment note for consignments of toxic and dangerous waste.

(Not to be used for export consignments)

No. ............................................................ .

PART A (to be completed by the producer/holder of the waste)

I certify that the waste described hereunder originated from

Description (type, nature, appearance, etc. of waste)

Components which are toxic/dangerous (giving concentrations in each case)

Quantity (including a statement of the size, type and number of containers)

Hazardous properties and special handling instructions (if any)

PART B (to be completed by the person collecting the waste)

PART C (to be completed by the person receiving the waste on behalf of a treatment, storage or disposal facility).

SCHEDULE 2

European Communities (Toxic and Dangerous Waste) Regulations, 1982.

Consignment note for export consignments of toxic and dangerous waste.

(Not to be used for consignments to destinations within the State)

No. ............................................................ ......

PART A (to be completed by the producer/holder of the waste)

I certify that the waste described hereunder originated from

Description (type, nature, appearance, etc. of waste)

Components which are toxic/dangerous (giving concentrations in each case)

Quantity (including a statement of the size, type and numbers of containers)

Hazardous properties and special handling instructions (if any)

PART B (to be completed by the person collecting the waste)

GIVEN under the Official Seal of the Minister for the Environment

this 3rd day of March, 1982.

PETER BARRY

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations give effect to the Council Directive of 20th March 1978 (78/319/EEC) on toxic and dangerous waste. In the Regulations "toxic and dangerous waste" has the same meaning as in the Directive, namely, "any waste containing or contaminated by the substances and materials listed in the Annex to the Directive of such a nature, in such quantities or in such concentrations as to constitute a risk to health or the environment". These substances and materials are--

Arsenic; arsenic compounds

Mercury; mercury compounds

Cadmium; cadmium compounds

Thallium; thallium compounds

Beryllium; beryllium compounds

Chrome 6 compounds

Lead; lead compounds

Antimony; antimony compounds

Phenols; phenol compounds

Cyanides, organic and inorganic

Isocyanates

Organic-halogen compounds, excluding inert polymeric materials and other substances referred to in this list or covered by other Directives concerning the disposal of toxic or dangerous waste

Chlorinated solvents

Organic solvents

Biocides and phyto-pharmaceutical substances

Tarry materials from refining and tar residues from distilling

Pharmaceutical compounds

Peroxides, chlorates, perchlorates and azides

Ethers

Chemical laboratory materials, not identifiable and/or new, whose effects on the environment are not known

Asbestos (dust and fibres)

Selenium; selenium compounds

Tellurium; tellurium compounds

Aromatic polycyclic compounds (with carcinogenic effects)

Metal carbonyls

Soluble copper compounds

Acids and/or basic substances used in the surface treatment and finishing of metal

The Regulations do not, apply to wastes of certain kinds (as listed in article 12) which are excluded from the scope of the relevant directive by article 3 thereof.

The Regulations designate the local authorities responsible for the planning, organisation, and supervision of operations for the disposal of toxic and dangerous waste in their areas and the authorisation of the storage, treatment and depositing of such waste. The Regulations also require those authorities to draw up plans entitled "special waste plans" for the safe disposal of toxic and dangerous waste. Any person storing, treating or depositing toxic and dangerous waste must have a permit from the appropriate local authority and may store, treat and deposit such waste only in such a manner as will not contravene the terms of the permit. Persons not holding a permit who are producers or holders of toxic and dangerous waste are required to have such waste stored, treated or deposited as soon as possible by a person holding an appropriate permit. Requirements are laid down in relation to the handling, storage and disposal of toxic and dangerous waste. The Regulations also require holders of permits and any persons producing, holding, transporting, treating or disposing of toxic and dangerous waste to maintain a register of such operations.

Persons transporting toxic and dangerous waste must ensure that it is accompanied by a consignment note in a prescribed form containing details of the waste. Consignment notes must be dealt with in accordance with procedures laid down in the Regulations. "Authorised persons", i.e., persons appointed for the purposes of the Regulations by the Minister for the Environment or by the local authority, are given powers of inspection and examination in connection with the enforcement of the Regulations.

Conviction of an offence under the Regulations renders a person liable to a fine not exceeding £1,000 or imprisonment for not more than six months or both.