When is a Waste Facility Permit Required?
A waste facility permit is a legal requirement in Ireland.
In accordance with Section 39 of the Waste Management Act 1996, as amended, a waste authorisation is required in order for any person or company to treat/store/recycle/recover or dispose of waste.
Examples of activities which require a waste authorisation include:
- Recycling of construction & demolition waste and other wastes
- Recycling facilities
- Waste to energy
- The reception and storage of waste
- Waste transfer stations
- Bring Banks
- Infilling of land/Land reclamation/Landfill
- Car dismantling
- Composting centres
- Hazardous waste management
A waste authorisation may be in the form of either:
- A Certificate of Registration (COR); or
- A Waste Facility Permit (WFP); or
- A Waste Licence
The Environmental Protection Agency (EPA) is responsible for issuing and regulating Waste Licences, whilst local authorities are the regulatory authority for Certificates of Registration and Waste Facility Permits.
Below are some examples of when a Waste facility Permit is required
- Soil and stone arising from site clearance and excavations from a building site.
- Farmers and landowners are often willing to accept this material in order to raise land levels for the purpose of improving the quality of agricultural land. However it is important to understand that this material is considered a waste, as it has been discarded from a construction site, therefore any person proposing to accept this waste material to raise/improve farmland, must first secure a WFP/COR from the relevant local authority.
- Demolished rubble/concrete/brick/masonry/tiles.
- As above, once a builder has discarded such material from a construction site, that material is considered a waste, therefore any person seeking to accept this waste with the intention of using this waste for development such as road building or similar, must secure a WFP/COR from the relevant local authority.
- Dismantling and reusing car parts.
- Once a car is no longer considered roadworthy, that vehicle is considered a waste. Therefore it is illegal to store or stockpile such vehicles at a location, and/or to strip the car of parts for reuse/sale, without holding the correct waste authorisation from the relevant local authority.
The local authority cannot tell an applicant what level of authorisation and class of waste activity(s) that a particular applicant requires. Therefore, if an applicant is unable to interpret the relevant regulations, it is strongly advisable that they should retain the services of a suitably qualified person to assist in the application process.
- It is important to note that a person/company must secure an appropriate waste authorisation in advance of commencing a waste activit.
- Failure to comply with the Waste Management Act 1996, is an offence and therefore subject to legal action, potential fines and possible other enforcement actions, resulting in considerable expenses incurred by the landowner and/or operator.
ECOS regularly prepares applications and renewal applications for waste facility permits and assists our clients to comply with the terms of their facility permits.
For a consultation on waste facility permits please contact ECOS