Irish Policy and Legislation
Policy
There are four major national policy documents to deal with waste management in Ireland.
- Taking Stock and Moving Forward (2004)
- Preventing and Recycling Waste: Delivering Change (2002)
- Changing our Ways (1998)
- Draft National Biodegradeable Strategy
Taking Stock and Moving Forward
Waste Management, Taking Stock and Moving Forward is the first five-year report on the progress Ireland is making with regard to waste management. As well as detailing the progress that has been made from 1998 - 2003, it also contains a series of actions, such as the award of �Ǩ25 million towards recycling infrastructure and the development of a National Biodegradable Waste Strategy.
Progress Made to Date
- The segregated collection of dry recyclables is now available to nearly 564,000 households, a figure that accounts for 42% of the number of households in the State. This is an increase from 70,000 households in 1998.
- Of those households with a collection of dry recyclables, 52,000 also have a segregated collection of organic waste.
- The number of bring banks is double the 1998 level at 1,700 and represents a national density of 1 per 2,300 people.
- The number of recycling centres has increased from 30 in 1998 to 55 at the end of 2003, with 6 more under construction.
- The amount of waste being brought to local authority landfills increased by 25% in 2003.
- Most of the waste management regions, which have thermal treatment in their waste management plans, have started to make some progress towards the procurement of such projects.
- The move towards a reduction in the number of landfills available is continuing. There are now 35 municipal waste landfills remaining, compared to 50 in 2001. On average, remaining landfill capacity is 10 years due to extensions of some landfills. This represents a slight improvement on the situation in 2001.
Plans for the Future
- Waste management policy in Ireland will remain one of integrated waste management, which is based on the waste management hierarchy.
- Waste management planning will remain a function of the local authorities and will be exercised in mainly regional groupings.
- The Plans will be updated to take into account more recent waste data and to make better projections for the future waste arisings.
- A National Waste Prevention Programme is being launched with immediate effect - it will be led by a Core Prevention Team within the EPA and �Ǩ2m is being provided from the Environment Fund for its initial operations.
In relation to recycling -
- �Ǩ25m is being provided from the Environment Fund towards the provision of 20 additional local authority recycling facilities,
- The development of markets for recyclable materials is to be taken forward under the aegis of a Market Development Group to be established with immediate effect - �Ǩ1m is being provided from the Environment Fund for its initial operations,
- Biodegradable waste is to be targeted for major improvements in recycling - a National Biodegradable Waste Strategy to guide the efforts in this area is now being published,
- The changeover to pay-by-use waste charging systems was introduced 1 January 2005,
- The successful Producer Responsibility Initiatives (PRI's) concept currently in place for packaging, farm plastics and C&D wastes is to be extended to newsprint and tyres by end-2004, end-of-life vehicles by end-2005 and electrical and electronic waste by August 2005,
- The consideration of the Study on application of economic instruments to chewing gum, fast-food packaging and ATM receipts will be finalised by mid-year.
- Waste-to-energy will remain a key element in the integrated approach. Facilities of this nature will be subject to strict planning and environmental licensing controls.
- Landfill will be relied on to a progressively decreasing extent, in line with its "residual waste" status at the bottom of the waste hierarchy.
- A new multi-annual programme of awareness and communications on waste-related issues will be launched - one of the modules will be devoted to a public sector waste management programme. In addition, �Ǩ1m is being allocated to the 10 waste management planning regions for awareness campaigns to better promote their waste management plans.
- The concept of community gain will be applied in the context of planning decisions for major facilities;
- Enforcement initiatives announced recently will be implemented vigorously. The changing structure and operation of the waste sector will be examined in detail in order to establish the adequacy of existing competition and market regulation tools for ensuring that there is sufficient protection from anti-competitive practices in the waste sector.
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PREVENTING AND RECYCLING WASTE: DELIVERING CHANGE
This Policy Statement launched in March 2002 aims to look a the factors and practical elements that are relevant to achieving the Government policy objective for the prevention of waste and for the re-use and recycling of waste that is produced. It seeks to support the objective of moving from the undesirable situation whereby the majority of Ireland's waste is consigned to landfill. It is more desirable that the waste management hierarchy of minimisation, reduction, re-use and recycling are followed in order to manage our waste in a more sustainable fashion.
A number of actions are proposed to ensure the prevention of waste and minimisation of waste produced. These include:
- The establishment of a National Waste Prevention Programme (NWPP)
- The establishment of a Core Prevention Team to drive the process
- The introduction of a system of mandatory waste audits and waste reduction programmes for businesses
The re-use and recycling of waste is to be promoted by:
- Introduction of landfill levies and banning the landfilling of certain types of materials
- Implementation of the plastic bag levy which encourages consumers to use reusable bags
- Promoting the use of 'waste exchanges' and 'swap shops'
- The provision of monetary support for recycling infrastructure
- The establishment of a Market Development Programme which will identify and promote markets for recyclable goods. It is proposed that these markets will be developed in conjunction with the Dept. of the Environment in Northern Ireland, thus encompassing the island as a whole.
In addition to the above, the policy recognises that the producers of goods and materials need to be responsible for the environmental impact of placing their goods on the market. To this end, a number of measures are to be put in place with regard to the re-use and recycling of waste electrical and electronic equipment and end of life vehicles, the development of producer responsibility schemes to recycle newsprint, tyres and batteries, as well as a review of the Waste Management (Packaging) Regulation 1997.
The public sector is to lead by example by developing a public service waste management plan. This will promote optimal waste prevention, re-use and recycling practice, set objectives in relation to the management of specific waste types and report to the public on the performance of the various authorities.
Waste Management - Changing our ways
The October 1998 policy statement on waste management - Changing our ways - is addressed chiefly to local authorities, and is intended to provide a national policy framework for the adoption and implementation by local authorities of strategic waste management plans under which national objectives and targets will be attained.
It outlines the Government's policy objectives in relation to waste management, and suggests some key issues and considerations that must be addressed in order to achieve these objectives. In particular, it focuses on the need to give clear and practical expression to the requirements of the waste hierarchy, by developing and pursuing integrated solutions, which combine progressive policies with a sustainable and cost effective waste infrastructure.
The policy statement strongly endorsed -
- meaningful strategic planning, on a regionalised basis,
- a dramatic reduction in reliance on landfill, in favour of an integrated waste management approach which utilises a range of waste treatment options to deliver effective and efficient waste services and ambitious recycling and recovery targets,
- greater participation by the private sector in the provision of waste management services,
- a more effective and equitable system of waste charging which incentivises waste minimisation and recovery,
- greater utilisation of legislative instruments extending the scope of producer responsibility initiatives, and
- the mobilisation of public support and participation.
National waste management targets
Changing our ways set the following ambitious targets for achievement over a fifteen year timescale:
- a diversion of 50% of overall household waste away from landfill,
- a minimum 65% reduction in biodegradable municipal wastes consigned to landfill,
- the development of composting and other feasible biological treatment facilities capable of treating up to 300,000 tonnes of organic waste annually,
- materials recycling of 35% of municipal waste,
- recovery of at least 50% of construction and demolition waste within a five year period, with a progressive increase to at least 85% over fifteen years, and
- rationalisation of municipal waste landfills, with progressive and sustained reductions in numbers, leading to an integrated network of some 20 or so state-of-the-art facilities incorporating energy recovery and high standards of environmental protection.
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Draft National Biodegradable Strategy
A draft National Biodegradable Strategy has been published that outlines the national policy for diversion of biodegradable municipal waste from landfill, in accordance with agreed targets in EU Directive 1999/31/EC on the landfill of waste. This documents builds upon existing national policy on waste outlined in Changing Our Ways 1998 and Delivering Change - Preventing and Recycling Waste 2002 and is part of our commitment to delivering a integrated and sustainable waste management system in Ireland.
Biodegradable waste is waste that is capable of undergoing decomposition either in the presence of oxygen (aerobically) or in the absence of oxygen (anaerobically). The main biodegradable components of municipal waste include paper, cardboard, food waste, garden waste, foods and textiles. Some 65% of total municipal waste arisings are biodegradable in Ireland. The strategy focuses mainly on municipal waste, which is produced by households and commerce.
Article 5 of Directive 1999/31/EC on the landfill of waste imposes a gradual phasing out of certain materials from landfills, and these include biodegradable waste. The Directive states that each member state should prepare and oversee the implementation of a National Strategy on Biodegradable Waste to divert biodegradable waste away from landfill. The targets outlined include:
- By 2006, a reduction to 75% of the biodegradable municipal waste going to landfill (by weight) of the biodegradable waste produced in 1995.
- By 2009, a reduction to 50% of the biodegradable municipal waste going to landfill (by weight) of the biodegradable waste produced in 1995.
- By 2016, a reduction to 35% of the biodegradable municipal waste going to landfill (by weight) of the biodegradable waste produced in 1995.A period of consultation was undertaken whereby submissions were invited from relevant stakeholders and other interested parties on the draft strategy document. It is envisaged that the final strategy document will be published in 2006.
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Current situation and trends
(Source - EPA National Waste Database Report 1998. Further information at www.epa.ie)
Current Situation and Trends
National waste arisings for municipal waste in 2003 were estimated to be 3,001,016 tonnes.
The generation of municipal waste increased by 10%.
The recycling of household and commercial waste increased by 46%.
The export of hazardous waste increased by 56%.
Waste Recovery
- The national recovery rate for MSW (household and commercial waste) collected in 2003 is esteimated to be 28.4% compared with 13.3% in 2001.
- The national recovery rate for packaging waste is estimated to be 41.7% in 2003.
- The national recovery rate for household waste is estimated to be 13.1% in 2003.
- The national recovery rate for commercial waste is estimated to be 47.4% in 2003.
- There are 1692 bring bank facilities and 60 civic amenity sites representing an increase in the provision of these facilities in recent years.
- An overall increase in the quantities of hazardous waste recovered from 226,904 tonnes in 2001 to 224,749 tonnes in 2003 is reported.
Legislation
Waste management policies in both Europe and Ireland have influenced the legislation that has been put in place in Ireland. This legislation provides a stronger legal basis for waste management planning and regulates activities in the waste sector. The Waste Management Act 1996 and amendments (Waste Management Amendment Act 2001) and the Protection of the Environment Act 2003 and a number of supporting regulations have brought Irish waste law into line with that of Europe.
Waste Management Act 1996
The Waste Management Act, 1996 was enacted in May, 1996. The main objectives of this Act were to provide for
- a more effective organisation of public authority functions in relation to waste management, involving new or redefined roles for the Minister, the EPA and local authorities,
- enabling measures designed to improve performance in relation to the prevention and recovery of waste, and
- a comprehensive regulatory framework for the application of higher environmental standards, in response to EU and national requirements.
The provisions of the Act are intended to facilitate the practical implementation of the waste hierarchy. Legal definitions in the 1996 Act (waste, hazardous waste, recovery, disposal, etc) directly transpose those of relevant EU legislation.
Under the Act Dublin City Council and all major local authorities are responsible for
- the making and regular review of waste management plans (WMPs) in relation to non-hazardous wastes,
- authorisation and control of commercial waste collection activities (under forthcoming Regulations and using existing Bye-law powers),
- authorisation of waste exports (TFS) and monitoring of internal movements of hazardous wastes,
- authorisation of waste permitting of small scale recovery and disposal activities,
- ensuring adequate waste collection, recovery and disposal arrangements in their functional areas,
- general enforcement of 1996 Act
- monitoring and inspection of waste activities generally, and
- application of nutrient management planning requirements.
Waste Management (Amendment) Act 2001 (No. 36 of 2001)
The primary purpose of the Waste Management (Amendment) Act, 2001 which was enacted on 17 July 2001 is to provide a legal mechanism by which the current waste management planning process can be brought to an early conclusion.Local authorities have been under a legal obligation to make waste management plans since the commencement of the Waste Management Act in July 1996. From the outset, local authorities were encouraged to adopt a regional approach to this planning process, with a view to the more efficient and cost-effective provision of services and infrastructure. The great majority of authorities subsequently committed themselves to the making of joint (mainly regional) waste management plans. However, where one or more authorities within a region fails to make the proposed regional plan, or purport to make a plan by means of a resolution which would qualify in some substantive way the content or proposed implementation of the plan, then none of the local authorities in the region concerned could rely on the plan, which would fall. This situation has occurred throughout the country. Section 4 of the Act, provides that the making of a waste management plan will become an executive (management) function, while the power to vary or replace a plan will remain a reserved function of the elected members of the local authorities. The Minister has made Regulations (S.I. No. 390 of 2001) under section 22(2) of the 1996 Act prescribing 14 September 2001 as the prescribed date for the making of a waste management plan.
This Act also provides for:
- a new environmental levy of up to 15p (�Ǩ0.19) on the supply by retailers of plastic shopping bags and, potentially, the extension of the levy to other products which are problematic in waste management terms,
- a levy on the landfill of waste, at an initial rate of not more than ��15 (�Ǩ19)per tonne,
- the establishment of an "Environment Fund", through which the proceeds of these levies will be disbursed to finance beneficial environmental initiatives in a range of areas including waste management, environmental education and awareness,
- amendment of section 39 of the 1996 Act and the First Schedule of the Environment Protection Agency Act, 1992 to clarify the position regarding licensing of certain waste activities ; and an increase in the on-the-spot litter fine to ��100 and provision for future changes in the level of the fine.
Protection of the Environment Act 2003
The Protection of the Environment Act 2003 brings the Environmental Protection Agency Act 1992 and the Waste Management Acts fully into line with the Integrated Pollution Prevention and Control Directive.
It also updates and improves in a number of respects the legislation governing the Integrated Pollution Control licensing regime (including greater consistency with the provisions of the later Waste Management Act 1996) and provides a statutory basis for incorporating improved groundwater protection requirements into that regime. The Principal waste-related provisions of the Act provide for
- The review, variation or replacement of a waste management plan to be an executive function
- The introduction of explicit new powers for local authorities to make charges for waste services, as an executive function,
- The introduction of a presumption, for the purposes of prosecutions, that the carrying on of a waste activity other than under and in accordance with any requisite authorisation shall be deemed likely to cause environmental pollution, unless the contrary can be shown,
- The removal of the obligation on local authorities to collect household waste from a person if that person has failed to pay a relevant waste charge,
- The EPA to determine that, where a waste activity is carried on in a facility connected or associated with an IPPC licensable activity, a licence under either the Environmental Protection Agency Act 1992 or the Waste Management Act 1996, but not both, shall be required.
The Act also proposes a strengthening of provisions in the Litter Pollution Act 1997 by increasing litter fines, giving local authorities wider powers to make anti-litter bye-laws for their functional areas and imposing greater restrictions on advertising material in public places.