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Table of Contents

Ref No	Legislation	Page	Status
Waste Management
WM1	Protection of the Environment Act 2003	3	Current
WM2	Waste Management Act, 1996 to 2006	4	Current
WM3	Waste Management (Permit) Regulations, 1998	5	Current
WM4	Waste Management (Collection Permit) Regulations, 2001 as amended	6	Current
WM5	Waste Management (Hazardous Waste) Regulations, 1998 as amended	7	Current
WM6	Waste Management (Movement of Hazardous Waste) Regulations, 1998	8	Current
WM7	Waste management (Landfill Levy) Regulations, 2002 as amended	9	Current
WM8	Waste Management (Licensing) (Amendment) Regulations, 2004	10	Current
WM9	Waste Management (Transfrontier Shipment of Waste) Regulations, 1998	11	Current
WM10	Waste Management (Electrical and Electronic Equipment) Regulations, 2005	12	Current
WM11	Waste Management (End-of-life Vehicles) Regulations, 2006	13	Current
WM12	Waste Management (Packaging) (Amendment) Regulations, 2006	15	Current
WM13	Litter Pollution Regulations, 1999	16	Current
		17
WM15	The Batteries Directive	18	Current
Statutory Nuisance and Air Pollution (including noise)
SNAP1	Air Pollution Act, 1987	20	Current
SNAP2	Environmental Protection Agency Act, 1992 (Noise) Regulations, 1994	21	Current
SNAP3	Environmental Noise Regulations, 2006	22	Current
SNAP4	Regulation on Substances that deplete the Ozone Layer, 2000 EC/2037/2000	23	Current
SNAP5	Regulation (EC) No. 842/2006 of the European Parliament and of the Council of May 17, 2006 on certain fluorinated greenhouse gases (F-gases)	24	Current
Water Pollution
WP1	Local Government (Water Pollution) Acts, 1977 and 1990 as amended & associated Regulations.	25	Current
Health and Safety
HS1	Safety, Health and Welfare at Work Act 2005 (repels Safety, Health and Welfare at Work Act 1989)	26	Current
HS2	Safety, Health and Welfare at Work (Chemical Agents) Regulations, 2001	27	Current
HS3	REACH (Registration, Evaluation, Authorisation and Restriction of Chemicals) Regulation (EC) No 1907/2006 and Directive 2006/121/EC	28	Current
Useful Guidance
UG1	Environmental Protection Agency http://www.epa.ie/NewsCentre/ReportsPublications/, and http://www.epa.ie/downloads/advice/, and http://www.envirocentre.ie/includes/documents/wasteSep2007.pdf	29	Current
UG2	Department of Environment, Heritage and Local Government www.environ.ie	30	Current
UG3	Irish Statute Book http://www.irishstatutebook.ie/	31	Current
UG4	Pollution Prevention Guidelines http://www.sepa.org.uk/guidance/ppg/	32	Current

Waste Management

Reference Number: WM1 Status: Current

Enabling Act

Protection of the Environment Act 2003

Summary

“The Act”, (as it is now referred to) was signed in on July 14^th 2003 and provides for the implementation of the EC Directive on Integrated Pollution Prevention and Control. It brings changes and updates to approximately six pieces of legislation, the most important and significant of which are:

Waste Management Acts 1996 and 2001
EPA Acts 1992
Litter Pollution Acts 1997 and 2001

Each of the original primary legislation will now be referred to by the original title but with the addition of “2003” e.g. EPA Acts 1997 and 2003.

Duty/Prohibition

The main Sections of the Act that are pertinent to the Litter Pollution Act 1997 (Part 4, Section 57). Under the amendments – Local Authorities may make bye-laws to prevent the creation of litter and to manage its control.

Enforcing Authority

Environmental Protection Agency (EPA) and Local Authorities for some sections.

Relevance

The bye-laws that Local Authorities may enact include a requirement on owners and managers of businesses to ensure that public areas outside their premises are washed, cleaned and brushed down.

Requirements for Compliance

Sites will need to ensure that, where the Local Authorities have enacted regulations/bye-laws, these are complied with. Liaison with Local Authorities may be necessary to determine if these bye-laws are in force and if the measures are sufficient to satisfy these bye-laws (i.e. waste materials are stored in such a way that litter does not escape to the environment).

Cross Reference to Procedures/Technical Guidance

Management System and Waste Management Procedure.

Reference Number: WM2 Status: Current

Enabling Act

Waste Management Acts, 1996 to 2006

Waste Management (Amendment) Act, 2001

Summary

This Act was introduced to integrate many existing waste management regulations into one encompassing document. The Act includes requirements for waste planning, waste collection and movement, authorisation of waste facilities, measures to reduce the production and promote the recovery of waste. The Acts are supplemented by Statutory Instruments (SI) commonly know as regulations. These SI’s give effect to specific sections of the Act.These Act’s empower the Environmental Protection Agency to ensure that appropriate waste management procedures are in place for areas such as recycling, waste management, planning, recovery and disposal which may arise on any site. The 1996 Act has been amended on 5 occasions:

2000 Planning and Development Act
2001 Waste Management (Amendment) Act
2003 Protection of the Environment Act (Part 3)
2005 WEEE Regulations
2006 Waste Management (End-of-life Vehicles) Regulations

The Act is correctly cited as the Waste Management Acts 1996-2006 and includes all the above additional provisions.

Duty/Prohibition

The main objectives of the Act are to:

Prevent and reduce waste production;
Encourage and assist recovery and recycling of waste;
Reduce the risk to and impact on the environment of waste; and
Reduce the risk to and impact on the environment of waste.

Enforcing Authority

Environmental Protection Agency (EPA).

Relevance

The generation of waste in the course of office-based and site-based activities.

Requirements for Compliance

Minimise or prevent the production of waste from activities. Any waste arising must be held or transported in such a manner so as not to cause environmental pollution. Any environmental pollution that does arise from the waste must be reported immediately to the Environmental Protection Agency (EPA).All waste that is moved should have appropriate documentation accompanying it relating to the volumes and type of waste, the waste carriers details and the final destination of the waste. This applies to office wastes and general waste which is to be removed from the sites.

Cross Reference to Procedures/Technical Guidance

Management System / Waste Management Procedure and relevant Operational Procedures.

Reference Number: WM3 Status: Current

Enabling Act

Waste Management Act, 1996 to 2006

Regulations

Waste Management (Permit) Regulations, 1998

Summary

These regulations provide for the granting of waste permits by local authorities in respect of specified waste disposal and recovery activities in lieu of a licence by the Environmental Protection Agency under section 39(1) of the Waste Management Act, 1996. The activities to which these Regulations apply include the following:

The incineration of waste (other than hazardous or hospital waste) at a facility the capacity of which is equal to or less than 1 tonne per hour;
The recovery of scrap metal or other metal waste;
The dismantling or recovery of vehicles;
The recovery of waste which is composed of or contains mercury or its compounds (including electric lamps, light bulbs and fluorescent tubes);
The recovery of waste (other than hazardous waste) at a facility (other than a facility for the composting of waste where the amount of compost and waste held at the facility exceeds 1000 cubic metres at any time); and
The disposal of waste (other than hazardous waste) at a facility (other than a landfill facility) where the annual intake does not exceed 5,000 tonnes per annum.

Duty/Prohibition

The main objectives of the Regulations are to regulate the waste recovery industry and operators who landfill up to 5,000 tonnes per annum.

Enforcing Authority

Local Authority / EPA

Relevance

General – ALL waste streams generated.

Requirements for Compliance

Ensure that waste is treated or disposed of at facilities either permitted by a local authority or licensed by the EPA.

Cross Reference to Procedures/Technical Guidance

Management System / Waste Management Procedure and Operational Procedures.

Reference Number: WM4 Status: Current

Enabling Act

Waste Management Act, 1996 to 2006

Regulations

Waste Management (Collection Permit) Regulations, 2001

Waste Management (Collection Permit) (Amendment) Regulations, 2001

Summary

A waste collection permit allows for the transport of waste on public roads. The regulations apply to all types of waste collected whether hazardous or non-hazardous. Certain exemptions to the requirement for a collection permit include:

Transport of waste incidental to the main business activity and where vehicle laden axle weight is less than one tonne;
Collection of packaging waste by a major producer collected in a take-back scheme;
Specified risk material obtained by rendering;
Collection from Local Authority bring facilities; and
Gathering/sorting/mixing of waste on the premises on which the waste arose or in accordance with a waste permit/waste licence.

There are 10 designated authorities that administer the permits. Permits are only applicable in the regional of Local Authority jurisdiction in which they are granted. A nationwide contractor therefore requires a permit for each of the 10 regions. Collection or transportation of waste without a permit is an offence.

Duty/Prohibition

The onus is on the producer of the waste to ensure that a waste collector has a valid waste collection permit. This is easily verified by asking the waste collector for a copy of the collection permit. Alternatively, the position may be checked with the relevant local authority

Enforcing Authority

Local Authority / EPA

Relevance

This legislation is relevant to the removal of office wastes and general and non-hazardous site waste materials.Ensure that all waste collectors have valid and appropriate waste collection permits, i.e. that they suitable for the type of waste being collected and are valid for the area of collection. Collection or transport of waste without a collection permit is an offence.

Requirements for Compliance

Ensure that waste collectors collecting waste from premises are appropriately permitted to do so.

Cross Reference to Procedures/Technical Guidance

Management System / Waste Management Procedure and Operational Procedures.

Reference Number: WM5 Status: Current

Enabling Act

Waste Management Acts, 1996 to 2006

Regulations

Waste Management (Hazardous Waste) Regulations, 1998

Waste Management (Hazardous Waste) (Amendment) Regulations, 2000

Summary

These regulations are derived from the EU Directive on Hazardous Waste. They put a duty on hazardous waste producers to keep specified records on the quantity, nature and origin, waste treatments carried out and frequency of collection of any hazardous waste on their premises. The mode of transport by which hazardous waste is transferred to another organisation is also recorded. When temporarily storing such waste in the place of production, containers of waste and other packaging must be properly labelled and not be mixed with other hazardous or non-hazardous waste unless approval is given by the Local Authority.The regulations also implement provisions of Council Directive 96/59/EC on PCBs and PCTs, including inter alia labelling, notifying and disposing of PCBs.

Duty/Prohibition

The producer is required to store hazardous waste in the correct manner and to maintain hazardous waste records for a period of at least three years.Besides the provisions of waste storage these regulations require that BATNEEC are used to prevent or limit the production of asbestos waste. This applies mainly to companies handling more than 100kgs of raw asbestos each year and involved in the manufacture of asbestos products such as asbestos cement, paper and board, asbestos floor coverings and fillers.

Enforcing Authority

Local Authorities are required to maintain records of all consignments of hazardous waste. These records are provided to the EPA on a regular basis as requested.

Relevance

Hazardous wastes (e.g. oil, contaminated bund water, car batteries, fluorescent tubes, redundant computer monitors, etc.) resulting mainly from service/maintenance activities.

Requirements for Compliance

Any hazardous material onsite should be appropriately labelled, segregated and stored. Accurate C1 (consignment note) records should be maintained for inspection by the Local Authorities and stored for at least 3 years. These records should state the quantity, nature and origin, any waste treatments carried out, frequency of collection and mode of transport of the hazardous waste.

Limit the production of asbestos waste on site. Undertake risk assessments of the asbestos present on site and have a monitoring programme in place to ensure the risk is continually assessed.

Cross Reference to Procedures/Technical Guidance

Management System / Waste Management Procedure and Operational Procedures.

Reference Number: WM6 Status: Current

Enabling Act

Waste Management Act 1996 to 2006

Regulations

Waste Management (Movement of Hazardous Waste) Regulations, 1998

Summary

The Regulations provide, inter-alia, for a system of consignment notes in respect of the movement of hazardous waste within the State. They also transpose into Irish legislation certain EU requirements regarding the labelling of waste containers and the mixture of wastes.All carriers of hazardous waste must obtain waste collection permits. The primary purpose of this legislation is to allow a Local Authority to track the transportation of hazardous waste form its source to the waste management facility to be used for disposal or reclamation. Moving hazardous waste contrary to these requirements is an offence. The tracking process is centred on the use of consignment notes (C1 Form). There are exceptions to obtaining a C1 Form which includes hazardous waste which are to be exported out of Ireland and waste oils. These cases have there own specific regulations to control their movement. This legislation also requires that no asbestos fibres or dust is emitted by any person involved in the transport of asbestos waste.

Duty/Prohibition

All hazardous waste movements must be undertaken in accordance with the Regulations and all waste must be appropriately labelled and have all the relevant documentation to permit tracking of the waste from source to final destination/ disposal.

Enforcing Authority

Local Authority / EPA

Relevance

Hazardous wastes (e.g. oil, contaminated bund water, car batteries, fluorescent tubes, redundant computer monitors, etc.) must be removed off-site for appropriate disposal/ treatment by 3^rd party contractors.

Requirements for Compliance

Ensure that all hazardous waste is accompanied with a C1 Form and that a copy of this form is retained in accordance with the regulations (i.e. 3 years). Required to obtain documentary evidence that each consignment has in fact reached its destination. Hence there is a duty upon them to make relevant enquires if nothing has been heard about the shipment. This documentary proof also needs to be retained for at least 3 years.

Cross Reference to Procedures/Technical Guidance

Management System / Waste Management Procedure and relevant Operational Procedures.

Reference Number: WM7 Status: Current

Enabling Act

Waste Management Act 1996 to 2006

Regulations

Waste Management (Landfill Levy) Regulations, 2002 as amended

Summary

The Waste management (Landfill Levy) Regulations were implemented on 1^st June 2002. They impose a levy on certain waste types disposed of to landfill.

Duty/Prohibition

A levy was introduced on 1 June 2002 on the majority of wastes deposited to landfill. Certain exemptions apply. The Landfill operator is obliged to charge customers the levy on liable waste streams and reimburse the local authority accordingly.An obligation is also imposed on vehicle owners, where the registered owner of a specified vehicle intends to discard that vehicle as waste, he or she is required to deposit that vehicle at an authorised treatment facility for appropriate treatment and recovery.

Enforcing Authority

Local Authority/ EPA

Relevance

Only material (e.g. stones, soil, etc.) as designated by the Local Authority and used for landfill construction, as cover, etc. has the potential to be exempted from the tax. A reduction in the amount of waste deposited to landfill potentially would reduce disposal costs.

Requirements for Compliance

Approved contractors will include a provision for the landfill levy in their charges.

Cross Reference Procedures/Technical Guidance

Reference Number: WM8 Status: Current

Enabling Act

Waste Management Act 1996 to 2006

Regulations

Waste Management (Licensing) (Amendment) Regulations, 2004

Summary

These Regulations amend the Waste Management (Licensing) Regulations, 2000 to give effect to Council Directive 1999/31/EC on the landfill of waste.

Duty/Prohibition

These Regulations set out requirements for the classification of landfill sites into one of the following: hazardous, non hazardous or inert. Only specified waste streams may be deposited to landfill depending on the site classification, i.e. hazardous waste may not be deposited in a non hazardous site. Certain waste streams (e.g. flammable wastes) are prohibited from disposal to landfill altogether.

Enforcing Authority

Environmental Protection Agency (EPA)

Relevance

Wastes must be categorised and disposed of via the appropriate licensed facility.

Requirements for Compliance

Must be aware of the relevant legislation in place and periodically review the disposal routes used by its contractors.

Cross Reference Procedures/Technical Guidance

Legal Register / Management System and relevant Operational Procedures.

Reference Number: WM9 Status: Current

Enabling Act

Waste Management Act, 1996 to 2006

Regulations

Council Regulation (EEC) No. 259/93 on the supervision and control of shipments of waste within, into and out of the European Community.

Waste Management (Transfrontier Shipment of Waste) Regulations, 1998

Summary

These Regulations apply to both hazardous and non-hazardous wastes being moved from Ireland for recovery, treatment and disposal. Waste is classified as Green, Amber or Red List (in accordance with EEC 259/93) prior to exportation. Requirements for movement of the waste differ depending on which classification is assigned to the waste. A producer whose waste requires a controlled waste movement to another EU Member State, must obtain permission to ship this material from their own competent authority, the competent authority in the country of destination and any transit country that the waste passes through. TFS documentation is required to authorise movement of such waste outside Ireland. Documentation is issued by the local authority in the area where the waste originates. It is a two-part document, comprising:

A notification form
A movement tracking form

The Regulations give responsibility to the local authorities for the transfrontier shipments of waste originating in its functional area and for the supervision and control of each consignment of hazardous waste exported. Prior consent of the local authority in the area where the waste originates is necessary prior to any shipment of waste.

Duty/Prohibition

All hazardous waste movements out of Ireland must be undertaken in accordance with the Regulations and all waste must be appropriately labelled and have all the relevant documentation to permit tracking of the waste from source to final destination/ disposal.

Enforcing Authority

Local Authorities are the Competent Authorities responsible for regulating the movement of waste out of Ireland. The Environmental Protection Agency is the Competent Authority responsible for regulating the movement of waste into Ireland.

Relevance

Relevant to any wastes which are exported beyond Ireland for recovery, treatment or disposal.

Requirements for Compliance

Any movement of waste materials from a premises to a destination outside Ireland (for recovery, treatment or disposal), consignment notes must be completed and a copy retained at the site.

Cross Reference to Procedures/Technical Guidance

Reference Number: WM10 Status: Current

Enabling Act

Waste Management Acts, 1996 to 2006

Regulations

Waste Management (Electrical and Electronic Equipment) Regulations, 2005

Summary

The WEEE Directive was transposed into national law on 6^th July 2006. These Regulations are designed to promote the recovery of waste electrical and electronic equipment. They will facilitate in particular the achievement of the targets for the collection, treatment, recovery and disposal of waste electrical and electronic equipment in an environmentally sound manner established by Directive 2002/96/EC on waste electrical and electronic equipment as amended by Directive 2003/108/EC.

The Regulations impose obligations on persons who supply electrical and electronic equipment to the Irish market, whether as retailers, importers or manufacturers.

An exemption from these obligations is available to persons who participate in a scheme for the collection, treatment, recovery and disposal of waste electrical and electronic equipment in an environmentally sound manner operated by an approved body.

Duty/Prohibition

These Regulations detail the way in which WEEE should be handled and how the system should be funded. Producers and retailers must meet certain obligations, (including the introduction of take-back systems).

Enforcing Authority

Environmental Protection Agency and Local Authorities for some sections. ( WEEE Ireland)

Relevance

Electronic consumables (computers, telephones, fax machines, refrigerators etc.) require disposal in accordance with the WEEE Directive – please make reference to full listing of consumables on WEEE Ireland website.

Requirements for Compliance

The potential impact is relatively minimal as producers and retailers of WEEE will have responsibility for recovery/ recycling of the resultant waste.

Cross Reference to Procedures/Technical Guidance

Reference Number: WM11 Status: Current

Enabling Act

Waste Management Acts, 1996 to 2006

Regulations

Waste Management (End-of-life Vehicles) Regulations, 2006

Summary

These Regulations are designed to implement the EU Directive 2000/53/EC on End-of-Life Vehicles (ELV) in Ireland and have been operative since January 2007. The aim of the legislation is to reduce the volume and hazardous nature of waste from ELVs. These Regulations place heavy obligations on manufacturers and importers of cars and vans (“producers” under the Regulations), who are required to put in place a national system for the collection and disposal of ELVs.Manufacturers are required to design automotive vehicles to, inter alia, reduce the hazardous components and facilitate the disassembly, recovery, and recycling of ELV to meet specified recycling targets. There is a focus on eliminating or minimising hazardous substances e.g. lead, mercury, cadmium and hexavalent chromium in vehicles, with bans specified for set time limits.

Duty/Prohibition

An ELV is a car or van which is discarded or is to be discarded by its registered owner. Each producer’s system must consist of at least 43 Authorised Treatment Facilities (ATFs – 1 per functional area of local authority where the population of the functional area is less than or equal to 150,000 with supplemental facilities for each additional 150,000 persons). Producers were required to register with each local authority on 21 July 2006 and apply for a renewal of registration on 31 January each year.The registered owners of the ELV may not be charged where the ELV is deposited at the authorised treatment facility unless essential components of the vehicle are missing. Indeed, where the ELV has no or a negative market value, the producer is responsible for meeting the costs of treatment and recovery of the ELV. When an ELV is deposited at an ATF, a Certificate of Destruction will be issued to the registered owner. The ELVs must be treated within 10 days of deposit at the facility.

Producers must use component and material coding to facilitate identification of components that are suitable for reuse and recovery and must make dismantling information available for each type of new vehicle put on the market within 6 months of the vehicle being put on the market in Ireland, although these obligations only apply where more than 500 vehicles are produced in a particular series.

Enforcing Authority

Commission /Government / EPA /Local Authority.

Relevance

Very important regulation – caution / guidance should be confirmed with regard to direction taken.

Requirements for Compliance

Where a waste facility wishes to become an ATF, it must meet specific environmental standards relating to the storage, treatment and recovery of ELVs as well as holding a waste licence or waste permit. New vehicles introduced into the market must include dismantling information and use component and material coding to assist ATF’s identify materials suitable for recycling/ reuse.

Cross Reference to Procedures/Technical Guidance

Reference Number: WM12 Status: Current

Enabling Act

Waste Management Act 1996 to 2006

Regulations

Waste Management (Packaging) Regulations, 1997

Waste Management (Packaging) (Amendment) Regulations, 2006

Summary

The Waste Management (Packaging) Regulations give effect to the Directive 94/62/EC on Packaging and Packaging Waste. The Packaging Regulations are designed to promote treatment of packaging waste and are intended to facilitate the achievement of European targets.A producer of packaging is a person who in the course of business, imports, manufacturers, sells or supplies others with packaging, packaging materials or packaged products. Such producers may have responsibilities for packaging waste arising on their premises, or packaging or packaging materials placed by them on the Irish market. The regulations oblige all manufacturing and retail businesses to segregate the packaging waste arising on their own premises into specific waste streams e.g. plastic, paper, glass etc. Businesses are required to ensure that this segregated waste is collected by authorised waste collectors for recycling.

Obligations apply to major producers of packaging i.e. an organisation placing more than 25 tonnes of packaging or packaging material on the Irish market per year and with an annual turnover in excess of €1 million. Packaging destined for reuse or export is not included.

Duty/Prohibition

Major producers are legally obliged to do one of two things. The first is to participate in a recovery scheme operated by an approved body. REPAK is currently the sole approved body for this function in Ireland. The second is to take steps to comply with the regulations themselves, i.e. to take the individual compliance route (Self Comply).The regulations oblige all manufacturing and retail businesses to segregate the packaging waste arising on their own premises into specific waste streams e.g. plastic, paper, glass etc. Businesses are required to ensure that this segregated waste is collected by authorised waste collectors for recycling.

Enforcing Authority

Local Authority/ EPA & REPAK.

Relevance

Segregate waste streams and ensure that these waste streams are collected by authorised waste contractors if they are obligated to do so.

Requirements for Compliance

Check volume of packaging waste generated and confirm if registration to compliance scheme or self comply is necessary.

Cross Reference to Procedures/Technical Guidance

Reference Number: WM13 Status: Current

Enabling Act

Litter Pollution Acts, 1997 and 2003

Regulations

Litter Pollution Regulations, 1999

Summary

The Litter Pollution Act and associated Regulations brought in tougher litter laws to combat the problem of litter pollution. These regulations are enforced by Local Authorities, who are obliged to prepare litter management plans for their area.

Duty/Prohibition

To keep premises litter free at all times.

Enforcing Authority

Local Authority.The Protection of the Environment Act, 2003 contains a number of amendments to the Litter Pollution Act, 1997 to enhance the powers available to Local Authorities to make anti-litter bye-laws and to increase fines.

Relevance

Check any potential for the generation of litter in and around site.

Requirements for Compliance

In the event of litter pollution, the waste should be removed and appropriately disposed of immediately.

Cross Reference to Procedures/Technical Guidance

Management System / Waste Management Procedure and relevant Operational Procedures.

Reference Number: WM14 Status: Current

Enabling Act

Waste Management Act 1996 to 2006

Regulations

Waste Management (Miscellaneous Provisions) Regulations 1998

Summary

These Regulations set down obligations on all persons who hold PCB’s, used PCB’s or PCB contaminated equipment. They also apply to other types of PCB derivative. Transformers containing defined quantities of PCB’s must be decontaminated. The Regulations ban the importation, production and supply of PCB’s in Ireland. PCB’s cannot be reused nor can transformers be topped up with PCB’s. Similarly, it is an offence to hold specified levels of PCB’s or PCB-containing equipment that has not been notified to the EPA.

Duty/Prohibition

These Regulations require all holders of equipment containing PCB’s to ensure that it is decontaminated or disposed of as soon as possible. If they are to be put back into service, the replacement fluid must not make the transformer difficult to dispose off. After decontamination, the transformer must be labelled to that effect and in the manner set down in the Regulations. There is also a requirement to provide labelling at premises where any of the larger PCB-containing equipment remains in us. Both the equipment itself and the doors to the particular premises must be clearly labelled to indicate that PCB’s are inside.

The Regulations also require that holders of equipment containing PCB’s above stipulated levels must notify the EPA of the existence of the equipment. This must have been done by 1^st Sept 1998 and notification must be repeated annually thereafter.Enforcing Authority Relevance Requirements for Compliance Cross Reference to Procedures/Technical Guidance

Reference Number: WM15 Status: Current

Regulations

Batteries Directive 2006/66/EC

(Published on 26 September 2006 and replaced the 1991/157/EC Directive. The 1991 Directive was deemed to have limited scope, was found to be unworkable and was poorly implemented)

Summary

Under the new Directive member states have until the 26 September 2008 to transpose it into national legislation. The primary aim of the Directive is to minimise the negative impact of batteries and accumulators and waste batteries and accumulators on the environment.

The new Directive applies to all batteries and accumulators placed on the community market, regardless of the shape, volume, weight, material composition or use. In practice all consumer or industrial batteries and accumulators are covered, even when incorporated in equipment otherwise covered by the WEEE and RoHS Directives.

The Directive poses a number of issues for the manufacturers and distributors of batteries and accumulators, for the consumer, for local authorities and the waste management sector in Ireland. These include the possible incorporation of existing collection and registration schemes (e.g. WEEE) with those proposed under the Directive as well as the economic and technological viability of recycling consumer batteries.Duty/ProhibitionThe main objectives of the Directive are:

To contribute to a high level of environmental protection by avoiding incineration and disposal in landfill of batteries and accumulators via the establishing of a closed loop system.
To contribute to the proper functioning of the internal market i.e. establish rules for national collection and recycling schemes.

The key provisions of the directive are:

A ban on the use of mercury (over 0.0005% by weight) in all batteries and accumulators except in button cells (e.g. Watch batteries) provided they have a mercury content of not >2% by weight.
A ban on the use of cadmium (over 0.002% by weight) in portable batteries except for:

Emergency and alarm systems
Medical equipment
Cordless power tools

A ban on the disposal of untreated automotive and industrial batteries and accumulators to landfill or by incineration.
Producers of batteries and accumulators will have to be registered.
Producers are obliged to adopt and finance a battery collection and recycling scheme as well as the net costs associated with public information campaigns.
The Directive sets out minimum collection targets of 25% by September 2012 and 45% by 26 September 2016.
The Directive proposes the following recycling efficiencies:

Lead Acid batteries – all the lead and a minimum of 65% by average weight.
Nickel/Cadmium batteries – all the cadmium and a minimum of 75% by average weight.

Producers of industrial batteries and accumulators will have to offer free take back of batteries and accumulators from end users.
Manufacturers of electrical and electronic equipment must design products so as to ensure that batteries can be readily and safely removed.
The Directive sets out a range of information that member states must ensure is provided to end users (through information campaigns) as well as labelling requirements for all batteries and accumulators.
Member states must send the community a national implementation report every three years – the 1^st report being due in September 2012.The Directive affects producers, distributors and end users of batteries and accumulators. It particularly affects those involved in the treatment and recycling of waste batteries and accumulators.

Enforcing AuthorityDOE & WEEE Register Ireland.Relevance Cross Reference to Procedures/Technical Guidance

Statutory Nuisance and Air Pollution (including noise)

Reference Number: SNAP1 Status: Current

Enabling Act

Air Pollution Act 1987

Summary

This Act provides a comprehensive statutory framework for the control of air quality. Certain industrial processes have been identified as having a potential for major emissions and such industries are required under this Act to obtain a licence. It should be noted that most of the processes, which are covered by this Act, are now subject to Integrated Pollution Control (IPC) licensing under the Environmental Protection Agency Act, 1992. However, in situations where IPC is not applicable, a person operating any process or plant to which this Act applies must have an atmospheric emissions licence. In practice the number of licences issued under the Act is very small. This Act is now primarily used for the following:

Establishment of smokeless zones (Special Control Areas);
The specification of authorised fuels in such zones;
Setting emission limit values for asbestos, combustion plant and municipal waste incinerators;
Controlling the Sulphur Content of Gas Oil (S. I. No. 256 of 1994 limits sulphur content of gas oil to 0.05% by weigh);
Control of petroleum vapour emissions.

Duty/Prohibition

The Act itself puts a general obligation on the occupier of any premises, other than a private dwelling house, to use the best practicable means to limit and, if possible to prevent an emission from such premises. It empowers the local authorities to serve a notice on the occupier of any premises where complaints of air pollution are received.

Enforcing Authority

Regulatory control of potentially air polluting devices/ plant at any particular industry or activity is undertaken, as applicable, by the Environmental Protection Agency or the Local Authority involved.

Relevance

Obligation to ensure that activities undertaken at sites will not result in emissions to the atmosphere which have the potential to cause pollution, (e.g. emissions of smoke, burning of prohibited fuels, etc.)

Requirements for Compliance

Ensure that where regulations/ bylaws have been enacted through this Act that they are complied with. Liaison with the Local Authority/ EPA may be necessary to determine if bye-laws are in force.

Cross Reference to Procedures/Technical Guidance

Reference Number: SNAP2 Status: Current

Enabling Act

Environmental Protection Agency Act 1992

Regulations

Environmental Protection Agency Act, 1992 (Noise) Regulations, 1994

Summary

The Environmental Protection Act, 1992 permits the implementation of regulations for the purpose of the prevention or limitation of any noise which may give rise to a nuisance or disamenity, constitute a danger to health, or damage property.These Regulations place a general duty of the owner of the premises to ensure that no nuisance is caused by noise emanating from their property. The Act sets limits on the levels of environmental noise for scheduled activities for noise sensitive receptors.

If a complaint is made with regard to a noise issue which gives reasonable cause for annoyance the District Court may order that necessary steps are undertaken.

Duty/Prohibition

No universal statutory noise standards apply in Ireland, though Local Authorities may specify particular noise standards as part of a notice served under the Act.If a Notice is served by a Local Authority on any person in charge of any premises, processes or works, other than an activity controlled by the EPA, the Notice must indicate the measures to be taken to prevent or limit the noise and may specify a period within which such measures are to be taken. Failure to comply with a Notice is an offence and allows the relevant Local Authority to take steps to ensure compliance.

Enforcing Authority

District Court.

Relevance

Failure to comply with the order made by the District Court is an offence.

Requirements for Compliance

Plan all site activities in such a way as to restrict the potential for noise nuisance. If ordered to do so, measures should be undertaken as necessary to reduce the noise to a specified level or to take specified measures to prevent or limit the noise.

Cross Reference to Procedures/Technical Guidance

Reference Number: SNAP3 Status: Current

Enabling Directive

Directive 2002/49/EC of the European Parliament and of the Council

Regulations

Environmental Noise Regulations, 2006

Summary

These regulations came into effect in April 2006. These Regulations give effect in Ireland to EU Directive 2002/49/EC, relating to the assessment and management of environmental noise. Environmental noise is defined in the regulations as unwanted or harmful outdoor sound created by human activities, including noise emitted by means of transport, road traffic, rail traffic, air traffic, and from sites of industrial activity. A two-stage approach to the assessment and management of environmental noise is provided for in the Regulations. Firstly, the preparation of strategic noise maps for areas and infrastructure falling within defined criteria, e.g. large agglomerations, major roads, railways and airports. Secondly, based on the results of the mapping process, the Regulations require the preparation of noise action plans for each area concerned. The fundamental objective of action plans is the prevention and reduction of environmental noise.

Duty/Prohibition

The Regulations provide for strategic noise maps and action plans to be made available to the general public. They also provide for public consultation on proposed action plans, and for the results of public consultation to be taken into account in finalising action plans or reviews of action plans.

Enforcing Authority

The EPA is the National Authority with overall responsibility for implementation of the Regulations. Implementation at local level is a matter for the local authorities concerned and Dublin Airport Authority, the National Roads Authority, Iarnród Éireann and the Railway Procurement Agency.

Relevance

Failure to comply with the order made by the District Court is an offence.

Requirements for Compliance

Various – depending on actual site location and operations / activities taken place there.

Cross Reference to Procedures/Technical Guidance

Reference Number: SNAP4 Status: Current

Regulations

Regulation on Substances that deplete the Ozone Layer 2000 EC/2037/2000

Summary

This EC directive is directly applicable in Irish legislation and relates to the control of a number of substances that are known to deplete the ozone layer. The banned substances include CFC’s, halons (except fire retardant), carbon tetrachloride, 1.1.1. trichloromethane and HBFC’s. The Regulations effect users, producers, suppliers, maintenance and service engineers and those involved with the disposal of ozone depleting substances (ODS). Some key substances affected by the regulations include:

Refrigerants: CFCs (11,12,13,113,114,500,502,503), HCFCs (22,123,124), HCFC Blends (R401a, R402a, R403a, R406a, R408a, R411b)
Solvents: CFC (113), 1,1,1 trichloromethane, Bromocloromethane (CBM)
Foam blowing agents: HCFCs (22,141b,142b)
Fire fighting fluids: (1211,1301)

Duty/Prohibition

Key effects of the Regulations include:

Bans on the supply and use of CFC’s, halons, 1,1,1 trichloroethane, carbon tetrachloride, hydrobromo fluorocarbons and bromochloromethane.
Significant revisions to the use of HCFC’s.
Tougher requirements regarding ozone depleting substances from products and equipment and to prevent leakage from systems.
A revised timetable for the supply of HCFC’s, starting in 2001.
A ban on the import of products containing ozone depleting substances, with the exception of HCFC’s.
A ban on the export of virgin and recycled CDC’s, halons and products containing
A new timetable for the phase out of the EU production of HCFC’s.

Enforcing Authority

Environmental Protection Agency (EPA).

Relevance

Ozone depleting substances may be used as a refrigerant within air conditioning units and fridges/ freezers .

Requirements for Compliance

Implement a schedule for regular maintenance of equipment containing ozone depletors, introduce good housekeeping and take precautionary measures to prevent leakages. Draw up a phase-out plan for replacement of refrigerant gases and/or equipment.

Cross Reference to Procedures/Technical Guidance

Reference Number: SNAP5 Status: Future

Regulations

Regulation (EC) No. 842/2006 of the European Parliament and of the Council of May 17, 2006 on certain fluorinated greenhouse gases (F-gases)

Summary

This regulation entered into force on July 4, 2006. However, it shall not apply with effect until July 4, 2007. The objectives of the Regulation is to reduce the emissions of F-gases (i.e. CFC’s) of 20% by 2012 compared with 1995 levels and covers the use of HFCs, PFCs and SF6 in all their applications.

Duty/Prohibition

Key measures of the Regulation are:

Reinforced containment in the following applications:

– refrigeration,

– air conditioning and heat pump. In particular equipment containing 3kg of F-gases or more shall be “checked for leakage” at least once a year; and

Restriction of handling of fluids and equipment to certified operators.

Enforcing Authority

EPA

Relevance

Compliance with F-Gas Regulations and Training of staff.

Requirements for Compliance

Check all air conditioning units at their sites to determine if all units are below the 3kg threshold limit, otherwise annual checks will be required to be undertaken to comply with the Regulations.

Cross Reference to Procedures/Technical Guidance

Water Pollution

Reference Number: WP1 Status: Current

Enabling Act

Local Government (Water Pollution) Acts, 1977 and 1990 (as amended and associated Regulations)

Summary

This Act ensures that water is maintained to a standard consistent with its various beneficial uses. It is applicable to discharges to all inland watercourses and includes most groundwater deposits, tidal waters and the sea.These Acts define water pollution and how prosecution may be made if these regulations are not adhered to. It covers the process by which consented discharges and abstractions are authorised, as well as accidental pollution of both water courses and sewers.

Duty/Prohibition

The local authority must be provided with all relevant information on discharges on request and be notified as soon as possible of any accidental discharge, spillage or deposition of any polluting matter which enters, or is likely to enter, water or a sewer.Local Authorities must keep a register of all abstractions under Section 9 of the Act.

Enforcing Authority

Local Authority or Sanitary authority.

Relevance

Relevant to the storm water drainage system on site, where this runs to surface water. These may be at risk of contamination from vehicle wash water or fuel spillage.Any planned discharge of liquid wastewaters to watercourse or sewer requires a Trade Effluent Discharge Licence.

Any borehole at which groundwater abstraction is planned may require an abstraction licence.

Requirements for Compliance

Ensure that there are no contaminants that can possibly enter the storm water or foul drainage system. The risk presented by fuel and chemical storage and the location of any vehicle washing activity near storm water drains would need to be assessed if relevant.For planned disposal of any wastewaters an appropriate company representative must consult with the Local Authority prior to any discharge to obtain a Trade Effluent Discharge Licence. The conditions attached to any such licence must be adhered to and appropriate monitoring records maintained on the project files to demonstrate compliance.

Cross Reference to Procedures/Technical Guidance

Management System.

Health and Safety

Reference Number: HS1 Status: Current

Enabling Act

Safety, Health and Welfare at Work Act 2005

(repels Safety, Health and Welfare at Work Act 1989)

Summary

This Act repeals the Safety, Health and Welfare at Work Act 1989. It contains provisions relating to safety at work and the avoidance of risk in the workplace.

Duty/Prohibition

The Safety Health and Welfare at Work (General Application) Regulations, 1993 including amendments, covers minimum health and safety requirements in the workplace incorporating work equipment, VDU’s, PPE and manual handling.Hazards in the workplace must be identified and their risks assessed. An appropriate control and preventative approach must be developed which will ensure the health and safety of employees working with potentially hazardous materials.

Enforcing Authority

Health and Safety Authority (HSA).

Relevance

All work related activities.

Requirements for Compliance

Duty to ensure the health and safety of all of its employees and periodically evaluate any risks associated with the workplace. The aspects covered include use of chemicals (e.g. oils, cleaning chemicals, etc.), work equipment (including visual display units), electricity, provision of PPE, manual handling, first aid and notification of accidents and dangerous occurrences.

Cross Reference to Procedures/Technical Guidance

Health & Safety Statement / Risk Assessment. (Insurance requirements).

Reference Number: HS2 Status: Current

Enabling Act

Safety, Health and Welfare at Work Act 2005

(repels Safety, Health and Welfare at Work Act 1989)

Regulations

Safety, Health and Welfare at Work (Chemical Agents) Regulations, 2001

Summary

The Regulations define, inter alia, activity involving chemical agents, biological limit value, chemical agent, hazard, hazardous chemical agent, health surveillance, occupational exposure limit value and risk.

Duty/Prohibition

These Regulations require employers to assess the risk of any chemical agent used at a place of work, to put in measures to control the risks associated with those chemicals and to provide information and training to employees who are handling chemicals. The Regulations cover all hazardous chemical agents in the workplace and provide for the arrangements to be made in relation to accidents, incidents and emergencies involving hazardous chemical agents at the workplace. Furthermore duties are placed on employers to carry out health surveillance checks where required and to maintain appropriate records. An associated Code of Practice lays down Occupational Exposure Limit values for over 700 chemicals.The Regulations also set out duties for employees and they provide for prohibitions and exemptions relating to the production, manufacture, or use at work of specified chemical agents.

Enforcing Authority

Health and Safety Authority.

Relevance

The use and transport of chemical agents which are hazardous to health e.g. batteries, oils, paints, cleaning agents.

Requirements for Compliance

Duty to ensure that it undertakes its requirements as defined in these Regulations which is ultimately to protect its employees from the risks associated with hazardous chemicals. All chemicals used in the workplace should be considered and risk assessed. Adequate measures should be put in place to prevent or reduce and control any exposures that may occur. Measures put in place as a result of these Regulations to protect workers (e.g. containment/ bunding) may also have minimised environmental impacts.

Cross Reference to Procedures/Technical Guidance

Health & Safety Statement / Risk Assessments. (Insurance Requirements).

Reference Number: HS3 Status: Current

Regulations

REACH (Registration, Evaluation, Authorisation and Restriction of Chemicals) Regulation (EC) No 1907/2006 and Directive 2006/121/EC

Summary

The regulation aims REACH aims to ensure a high level of protection for human health and the environment through the registration, evaluation, authorisation and restriction of chemical substances.REACH switches responsibility for the control and safety of chemicals from authorities to those that manufacture, import and use chemicals. REACH has implications for producers, importers, formulators, distributors and users of chemicals, as well as those producing and/or importing articles.

REACH came into force on 1June 2007.

Duty/Prohibition

Anyone who manufactures, imports, sells or uses chemical substances must comply with the REACH Regulation. In the case of users of a chemical substance, the Regulation places specific requirements. In summary these include the following:

Ensuring it is registered;
Ensuring the way the substance is used is included in its REACH registration dossier;
Ensuring compliance with any restrictions that have been placed on it; and
Applying the risk reduction measures that are recommended by the supplier of the substance.

Suppliers should provide users with registration details and a chemical safety report for each chemical substance used. Users should provide suppliers with details of how they intend to use the chemical substances supplied – allowing inclusion of their ‘identified uses’ in Chemical Safety Assessments.

Users of less than one tonne of a chemical substance per year do not need to carry out a Chemical Safety Assessment. However, they must still consider the use of the substance and identify, apply and recommend appropriate risk reduction measures to the European Chemicals Agency.

Technical guidance documents for REACH, including guidance for users, are currently being produced as part of the REACH implementation projects (RIPs) and are expected to be available in Summer 2007.

Enforcing Authority

European Chemicals Agency / EPA.

Relevance

Storage, use and transport chemical agents which are hazardous to health e.g. batteries, oils, paints, cleaning agents.

Requirements for Compliance

Compile an inventory of all chemical substances used, identifying the hazard classification of each, and examining how each is used. Further guidance on what preparation should be made is available at http://www.hsa.ie/files/file_20070201025303REACH%20Brochure.pdf.

Cross Reference to Procedures/Technical Guidance

Health & Safety Statement / Risk Assessments (Insurance Requirements).

Useful Guidance

Reference Number: UG1 Status: Current

Title

Environmental Protection Agency website:

http://www.epa.ie/NewsCentre/ReportsPublications/ and http://www.epa.ie/downloads/advice/ and http://www.envirocentre.ie/includes/documents/wasteSep2007.pdf

Summary

The following reports and publications may be accessed on-line:

Corporate Publications
Air Quality
Water
Environmental Indicators
Hazardous Waste
Guidance
Research
Miscellaneous

Reference Number: UG2 Status: Current

Title

Department of Environment, Heritage and Local Government Website

www.environ.ie

Summary

This website provides links to the following sites:

Other DOELG Sites (ENFO, Race against Waste, COMHAR etc)
National Parks and wildlife service
Partner Bodies
Local Authorities
Government Departments
Irish Sites
European Sites
International Sites
Legislation

Reference Number: UG3 Status: Current

Title

Irish Statute Book

http://www.irishstatutebook.ie/

Summary

The Irish Statute Book database comprises the Acts of the Oireachtas, Statutory Instruments and Chronological Tables of the Statutes for the period 1922 – 2005.

Reference Number: UG4 Status: Current

Title

Pollution Prevention Guidelines

http://www.sepa.org.uk/guidance/ppg/

Summary

A series of guidelines, intended as an introduction to pollution prevention, produced by the Environment Agency for England and Wales, the Scottish Environment Protection Agency and the Environment & Heritage Service for Northern Ireland. Guideline of particular reference include:

PPG1 General guide to the prevention of water pollution;
PPG2 Above ground oil storage tanks;
PPG5 Works in, near or liable to affect watercourses;
PPG6 Working at construction and demolition sites;
PPG11 Preventing pollution on industrial sites;
PPG 18 Managing firewater and major spillages;
PPG19 Garages and vehicle service centres;
CIRA/Environment agency joint Guidelines:- Concrete Bunds for Oil Storage, Masonry Bunds for Oil Storage;
HS(G)176 The storage of flammable liquids in fixed tanks; and
CIRIA Report RP516 Construction of Bunds for Oil Storage Tanks.