FAQ's on Waste

  • How close can a farmer apply organic fertiliser to a dwelling?

    There are no regulations specifying the distance within which landspreading of organic fertiliser can occur in relation to a dwelling. 

    The European Union (Good Agricultural Practice for Protection of Waters) Regulations 2014 specify buffers in relation to water supplies and/or watercourses and streams.

    Where houses have a private well, organic fertiliser or soiled water shall not be applied to land within 25m of any borehole, spring, or well used for the abstraction of water for human consumption (greater buffer distances of 100m and 200m apply to larger scale abstractions).

    Further details are contained in Explanatory Handbook for Good Agricultural Practice for the Protection of Waters Regulations, 2014.

    If you have any concerns in regard to such activity you should contact your local authority.

  • Who should I contact regarding the disposal of asbestos?

    What is asbestos?  Asbestos is a natural fibrous material.  There were three types of asbestos commonly used.  These are blue asbestos (crocidolite) brown asbestos (amosite) and white asbestos (chrysotile). 

    Why was it used?   Asbestos was used because it is resistant to heat and chemicals and is strong yet flexible.  It was therefore widely used as a building and insulation material.  Asbestos is no longer used and therefore only items, which have been in place for, or was purchased before 1980, may contain asbestos.  If you are in doubt as to whether an item contains asbestos treat it with care and seek expert advice to identify it.

    What are the risks?  The only risk from asbestos when damaged or if drilled or sawed etc.  It is at this point when fibres are released into the air.  Due to its fibrous nature, it can be breathed in and penetrate deep into the lungs.  This can lead to asbestosis, and possibly lung cancer.  The general rule is that if you have asbestos and it is not damaged, it is safest to leave it in place.  The risk to health from undamaged asbestos is very low.

    Where is Asbestos found?  Asbestos may be found in the following areas around the home:

    • Roofing felts, tiles and corrugated sheets
    • Roof and wall claddings
    • Pipe lagging
    • Flue pipes/gutters/rainwater downpipes/airbricks
    • Window boxes
    • Coldwater cisterns
    • Roof slates and linings
    • Thermoplastic and vinyl floor tiles
    • Storage, catalytic and (LPG) portable heaters
    • Airing cupboard linings and shelving
    • Ironing boards
    • Insulation
    • Filler ropes surrounding oven doors
    • Textured paints

     

    One of the most common forms of asbestos found is corrugated sheeting – this is mainly used as roofing material for garages and sheds.  

    Relevant Information

    If you think you have come across asbestos in your home or office and you're unsure about whether the material contains asbestos, don't take any chances. Seek expert advice from asbestos monitoring/surveying companies, which are listed in the Classified Telephone Directory.

    A specialist contractor should be engaged to carry out work on asbestos products or to demolish asbestos products, particularly those that are worn or damaged.

    In the case of asbestos products where the fibres are tightly bound (for example, in asbestos cement roofs), and the material is in good condition, specialist asbestos removal contractors may not always be necessary. 

    Always take precautions, and contact the Health and Safety Authority (HSA) for advice:

    Health and Safety Authority
    The Metropolitan Building,
    James Joyce Street
    Dublin 1
    Tel. (01) 6147020 or 1890289389
    Fax. (01) 6147020

    Further information can be found at:

    Health & Safety Authority

  • Is my waste hazardous?

    Hazardous waste is defined in the Waste Management Act 1996, as amended, as waste which displays one or more of the hazardous properties listed in the second schedule. Waste classification is based on the EU List of Waste (LoW) which provides a harmonised list for coding all waste. Any entry in the LoW that has an asterisk (*), is a hazardous waste until proven otherwise. To determine if a waste is hazardous or non-hazardous, use the following guidance: Waste Classification Guidance.

  • What is digestate, anaerobic digestion, composting and compost?

    • Anaerobic digestion is the biological degradation of putrescible or organic waste in the absence of oxygen and digestate is the product of the process.
    • Composting is the biological degradation of putrescible or organic waste in the presence of oxygen and compost is the product of the process.
  • What is a waste?

    Waste is defined in the Waste Management Act 1996, as amended, and in the EU Waste Framework Directive 2008/98, as “Waste” means any substance or object which the holder discards or intends or is required to discard. This is a complex area of environmental law.

     

     

  • What is a waste activity?

    Any activity that involves the acceptance, storage (including temporary storage), processing, recycling, recovery or disposal of waste. “Activity” includes operation.

     

     

  • What is a disposal activity?

    'Disposal' is defined in the Waste Framework Directive 2008/98, as amended, as any operation which is not recovery even where the operation has as a secondary consequence the reclamation of substances or energy. The Waste Management Act 1996, as amended, specifies disposal activities in the Third Schedule of the Act.

  • What is a recovery activity and what does preparing for re-use mean?

    • 'Recovery' in relation to waste is defined in the Waste Framework Directive 2008/98, as amended, as “any operation the principal result of which is waste serving a useful purpose by replacing other materials which would otherwise have been used to fulfil a particular function, or waste being prepared to fulfil that function, in the plant or in the wider economy” and includes the recovery operations listed in the Fourth Schedule of the Waste Management Act 1996 as amended.
    • Preparing waste for re-use is defined in the Waste Framework Directive 2008/98, as amended, as “checking, clearing or repairing recovery operations, by which products or components of products that have become waste are prepared so that they can be re-used without any other pre-processing”.

     

     

  • Is the collection and transport of waste a waste activity?

    • The collection and transport of waste is an activity for which a Waste Collection Permit is required. This type of authorisation is issued by the National Waste Collection Permit Office. For further details, see their website at the following address: nwcpo.ie
    • It should be noted, that an authorisation such as a waste facility permit may be required if collected waste is brought to a facility for storage or further processing. The authorisation may be required even if the activity involves temporary storage prior to removal offsite for recovery.
  • When is a material not a waste?

    A complex question, but consideration should commence with:

    • when the material is not discarded;
    • when it is a by-product in accordance with Article 5 of the Waste Framework Directive 2008/98, as amended;
    • when it has achieved end-of-waste status in accordance with Article 6 of the Waste Framework Directive 2008/98, as amended.
  • What materials are exempt from authorisation?

    Certain waste activities are exempt from licensing or permitting under the Waste Management Act 1996, as amended. Some key exemptions include the following:

    Section 39(7) exemptions:

    • The recovery or disposal of waste at a facility referred to in paragraph 7.7.1, 7.7.2 or 11.1 of the First Schedule of the EPA Act of 1992. These activities require an Integrated Pollution Prevention and Control (IPPC) licence or an Industrial Emissions (IE) licence as appropriate.
    • Household waste produced and disposed of within the curtilage of the same dwelling.
    • The deposit of litter in a litter bin.
    • The transfer of waste to a local authority, the corporation of a borough that is not a county borough, the council of an urban district or any other person for the purpose of its being recovered or disposed of in accordance with the Waste Management Act 1996, as amended, or an IPPC /IE licence.

    Section 51 exemption:

    • Sludge for use in agriculture: A waste licence shall not be required for the recovery of sludge for use in agriculture. Recovery, for this purpose, includes the injection of waste into land for the purpose of benefiting the carrying on of any agricultural or silvicultural activity or an ecological system. Section 51 of the Waste Management Act, as amended, sets out regulations that may require that the recovery of this waste shall not be carried out without the prior written consent of the local authority in whose functional area the proposed recovery activity is to take place. Other requirements are also set out in relation to spreading limits and record keeping. Private applicants should speak to their local authority to determine if they can provide for this exemption.

    Section 3(1)(g) exemption:

    • Faecal matter, if not covered by Section (2)(b) exemption below, straw and other natural non-hazardous agricultural or forestry material used in farming, forestry or for the production of energy from such biomass through processes or methods which do not harm the environment or endanger human health. In order for any waste stream to meet the requirements of Section 3(1)(g) the waste in question needs to be sourced from agriculture or forestry. The term agriculture is defined in the Waste Management (Facility Permit and Registration) Regulations 2007, as amended, as “the growing of all types of commercial food crops, including food crops for stock-rearing purposes”. Private applicants should speak to their local authority to determine if they can provide for this exemption.

    Section (3)(2)(b) exemption:

    • Animal by-products, including processed products covered by Regulation (EC) No. 1069/2009, except those which are destined for incineration, landfilling or use in a biogas or composting plant.

    Section 3(1)(c) exemption:

    • Uncontaminated soil and other naturally occurring material excavated in the course of construction activities where it is certain that the material will be used for the purposes of construction in its natural state on the site from which it was excavated.

    Exemptions for temporary storage of waste on the site of its production:

    • Temporary storage of waste is the storage of waste for a period not exceeding 6 months. Note: Section 6 of the Waste Management Act, 1996, as amended, provides for regulations that, may require the producer of waste to obtain prior written consent from the relevant local authority for the storage of waste and also, may specify a maximum storage period.  
    • Temporary storage of waste pending collection on the site where the waste is produced in relation to Classes D15 and R13 of the Third and Fourth Schedules of the Waste Management Act 1996, as amended. In this context, temporary storage means preliminary storage according to the definition of “collection”. Collection means the gathering of waste, including the preliminary sorting and storage of waste for the purposes of transport to a waste treatment facility. If the waste is not produced at the site or it is intended to store waste for a period longer than six months, then this exemption can not be applied.
    • Temporary storage of specified quantities of WEEE (Waste Electrical & Electronic Equipment) at a place where electrical and electronic equipment is distributed or stored prior to distribution, as set out in Article 39(1a) of S.I. 340 of 2005 - (Waste Electrical and Electronic Equipment Regulations 2005.
    • Temporary storage of specified quantities of WEEE (Waste Electrical & Electronic Equipment) at a place owned or occupied by a charity, as set out in Article 39(1b) of S.I. 340 of 2005 – Waste Management (Waste Electrical and Electronic Equipment Regulations 2005.
    • Temporary storage of waste tyres at a place where tyres are supplied and where the quantities of waste tyres being stored at any one time does not exceed 180m3 as set out in section 48 of S.I. 400 of 2017 – Waste Management (Tyres and Waste Tyres) Regulations 2017.

     

     

  • What is a facility?

    A 'facility' means, in relation to the recovery or disposal of waste, any site or premises used for such purpose.

  • When is soil and stone not a waste?

    A complex question, but consideration should commence with:

    • When the material is not discarded; when it is a by-product in accordance with Article 5 of the Waste Framework Directive 2008/98, as amended. For further details see the following: EPA Guidance on Soil and Stone By-products
    • When it has achieved end-of-waste status in accordance with Article 6 of the Waste Framework Directive 2008/98, as amended. For further details see the following: End-of-Waste (Article 28)
    • Section 3(1)(c) of the Waste Management Act 1996, as amended, states that the Act does not apply to uncontaminated soil and other naturally occurring material excavated in the course of construction activities where it is certain that the material will be used for the purposes of construction in its natural state on the site from which it was excavated.
  • What is uncontaminated soil?

    Essentially relates to virgin soil or soil that is equivalent to virgin soil.

  • What is inert waste?

    Inert Waste is defined in the Waste Management (Facility Permit and Registration) Regulations 2007, as amended, as waste that:

    • Does not undergo any significant physical, chemical or biological transformations,
    • Will not dissolve, burn or otherwise physically or chemically react, biodegrade or adversely affect other matter, or be adversely affected by other matter, including waters, with which it comes into contact in a way that causes or is likely to cause environmental pollution, or
    • In particular, will not endanger the quality of surface water or groundwater
  • What is a Bio-waste?

    'Bio-waste' means biodegradable garden and park waste, food and kitchen waste from households, restaurants, caterers and retail premises and comparable waste from food processing plants.

  • What does a putrescible character mean?

    Putrescible waste or waste that is putrescible in character is waste that is organic in nature and will rot or biodegrade. Food waste, garden waste, paper, cardboard and natural textiles are putrescible. Wood in certain circumstances will be putrescible, if slowly.

  • What are waste densities?

    Information on waste densities can be found in the Waste Management (Landfill Levy) Regulations 2008 S.I. No. 199 of 2008 at the following link Licensing & Permitting - Environmental Protection Agency, Ireland

  • What if I want to raise the level of my field/garden?

    If waste soil and stone or other inert waste is used to raise the level of your land, regardless of quantity, then a waste authorisation is required. This matter should be discussed with a local authority in the first instance. Note: under an authorisation, only uncontaminated soil or inert waste will be permitted for use. See previous questions on uncontaminated soil and inert waste for definitions for these terms.

  • What are single-use plastic products?

    Single-use plastic products include a wide range of commonly used plastic items that are expected to be used just once, or for a short time, before being thrown away. They are rarely recycled and are prone to becoming litter. Single-use plastic products include: beverage containers and cups, lightweight plastic carrier bags, food containers, plastic cutlery and plates, plastic straws, beverage stirrers, packets and wrappers made from flexible material containing food intended for immediate consumption, cotton bud sticks, tobacco products with filters, wet wipes, balloons, sticks to support balloons and sanitary products.