What is an Article 11 request?
Article 11 is a mechanism by which an applicant can request a determination from the EPA as regards the most appropriate waste authorisation ((i.e. Waste Licence, Waste Facility Permit or Certificate of Registration, or none as the case may be) for a proposed activity.
If a local authority receives an application and has doubts about the appropriate waste authorisation for a proposed activity, the local authority can also request a determination from the EPA, in which case the local authority should not consider an application they have received until they have been notified of the Article 11 determination by the EPA.
Who can apply for an Article 11?
Article 11 requests can only be made by applicants (i.e. those that are proposing an activity and are unsure as to what waste authorisation, if any, is appropriate) or local authorities (where they have received an application for a waste authorisation and are unsure as to what waste authorisation, if any, is appropriate) Note: a consultant, acting on behalf of an applicant, may apply for an Article 11 request for the applicant.
What regulations cover Article 11?
Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007), as amended.
What can I expect from an Article 11 response? (Licence, Permit, CoR or none of these)
You will get a formal notification of the waste authorisation required, if any, to carry out your activity.
What does a licence, permit or CoR mean?
Are all waste activities subject to waste authorisation?
No, certain activities are exempt from waste authorisation. These are primarily listed in Section 3, Section 39(7) and Section 51 of the Waste Management Act 1996 as amended. Waste legislation is complex and it is not possible to over-generalise on exemptions from waste authorisation.
How do I make a general enquiry?
How do I submit an Article 11 request?
You can submit an Article 11 request by creating an account in Eden at the following link https://www.edenireland.ie or if you have an account in Eden you can login and complete the webform at the following link: https://is.edenireland.ie/Article11/default.aspx There is guidance on how to Register for Eden at the following link: https://www.edenireland.ie/help/gethelpfileforreg
What information should I have to-hand for completing the Article 11 request form?
What is required for the waste description?
A waste description should define the specific waste in question using non-technical language. Include the quantity of waste as accurately as possible as this is required to determine the appropriate class of activity if an authorisation is required. It is not necessary but if you know the List of Waste (LoW) code for the waste, include this in your description
Waste quantity v’s waste capacity?
Waste quantity and waste capacity are two different aspects when considering if an authorisation is required for a waste activity. The following are important to note in relation to waste quantity and waste capacity:
How many copies of my request will the EPA require?
Only one copy of the completed Article 11 on-line webform is required.
Do I have to pay an Article 11 request fee?
There is no fee to pay in relation to an Article 11 request.
Will my Article 11 request be acknowledged?
You will receive an automated e-mail response once your completed on-line Article 11 request has been submitted to the Agency.
Where can I get a 6-digit national grid reference?
You can obtain this from Ordnance Survey Ireland.
How do I submit a map or supplementary information via the webform?
You can submit a map or supplementary information by e-mail to firstname.lastname@example.org or by post to the Environmental Licensing Programme, EPA Headquarters, PO Box 3000, Johnstown Castle Estate, Co. Wexford. Please quote your Article 11 Reference Number when submitting additional information.
Can I make a submission on an Article 11?
No. There is no provision in the legislation for formal third-party participation in the Article 11 process. However, third parties may enter into correspondence with the EPA where they are concerned, for example, that incorrect information has been provided. The Article 11 process will not consider any objections to a proposal for a waste facility or activity. Any such objections will be dealt with at the authorisation stage.
Can I get a copy of an Article 11 application/response?
If you have a query in relation to a previous Article 11 request or response, please submit your query to email@example.com or contact the Agency by other means. See http://www.epa.ie/about/contactus/ for contact information.
Will the Agency request additional information?
If your Article 11 request is not fully completed or the issue is complex, the Agency may request additional information to enable us to make a determination.
When will I get a response?
The Agency will notify the requester of its determination within 15 working days of receipt of a completed request.
Who do I apply for a Cert of Registration/Permit/Licence?
Is there a database for waste facility permits and certificates of registration?
Yes, The Waste Facility Permit and the Certificate of Registration Database is a register for waste facility permits and certificates of registration issued by local authorities under the Waste Management (Facility Permit and Registration) Regulations, S.I. No. 821 of 2007, as amended. This website is a central register hosted by the National Waste Collection Permit Office (NWCPO) of all waste facility permits and certificates of registration granted, reviewed, revoked and expired. The database can be accessed at the following link: http://facilityregister.nwcpo.ie/
Who can I contact in relation to my request?
You can e-mail firstname.lastname@example.org in relation to your request quoting your Article 11 Reference Number.
Can I appeal the Article 11 decision made by the EPA?
The Agency’s decision is final, there is no appeal mechanism. If you failed to provide sufficient information in the first instance, you may resubmit a new Article 11 request with supplementary information.
What is a wetland?
Wetlands are defined as: areas of marsh, fen, peatland, or water, whether natural or artificial, permanent or temporary, with water that is static or flowing, fresh, brackish, or salt, including marine waters, the depth of which at low tide does exceed six meters).
What is a protected area or a designated site?
You can get more information on protected areas/designated sites at the National Parks & Wildlife Service website http://www.npws.ie