FAQ's on Article 11

  • 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, as amended, S.I. No. 821 of 2007. See the following link for these regulations: Waste Management Regulations. A guidance manual is also available for the Waste Facility Permit and Registration Regulations at the following link: Guidance Documents. An amendment was made to the guidance manual in 2012, see the following link for details: Amendment Guidance

     

  • 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?

    • A certificate of registration is the least onerous form of waste authorisation and is granted by local authorities in respect of private sector facilities and by the EPA in respect of local authority activities. Relevant classes of activity are listed in Part II of the Third Schedule of the Waste Management (Facility Permit and Registration) Regulations 2007, as amended.
    • A waste facility permit is granted by a local authority in respect of private sector activities listed in Part I of the Third Schedule of the Waste Management (Facility Permit and Registration) Regulations 2007, as amended.
    • Any waste activities that are not listed in Parts I and II of the Third Schedule will require a waste licence or an industrial emissions licence, which is granted by the EPA.
    • More information can be found at the following link http://www.epa.ie/licensing/licques/
  • 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?

    If you have a general environmental query, you can submit it to info@epa.ie. If you have a general enquiry about licensing, you can submit it to licensing@epa.ie. Additional EPA contact details can be found at the following link http://www.epa.ie/about/contactus/

     

     

  • 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?

    • Contact email address.
    • Grid Reference (Eastings & Northings).
    • Site map, showing outline of site of proposed activity.
    • The Authorisation or Registration Number if you have existing authorisation i.e. Waste/IPC/IE Licence, Waste Facility Permit or Certificate of Registration.
    • The Reference Number if you have submitted a previous Article 11 request.
    • Description of Waste, including:
      • Solid or Liquid
      • List of Waste Code if known
      • Annual intake in tonnes
      • Annual intake in litres
      • Source of Waste
    • The amount, in tonnes and litres, of ‘residual waste’ remaining after recovery that is to be sent on for disposal.
    • Whether ‘biological treatment’ is involved in the proposed activity.
    • For biological treatment processes, the quantity of biowaste, digestate and compost, as relevant, in tonnes and cubic metres that will be present at the facility at any one time.
    • For land deposition/reclamation/restoration activities, the amount of waste (in tonnes) to be deposited over the operational lifetime of the activity.
    • Information related to Planning – planning reference number or evidence of exemption.
    • Information on Designated Sites, where applicable (e.g. Special Areas of Conservation, Special Protection Areas, Ramsar sites, Natural Heritage Areas). Information should include:
      • Site Name
      • Site Code
      • Confirmation as to whether or not the site of the proposed activity is in, or next to, a wetland.
  • 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:

    • Waste quantity refers to the mass or weight of waste in question whereas waste capacity can relate to both a legal and technical capacity of an installation. This is particularly relevant to installations which may require an Industrial Emissions Licence for their waste activity. More information on Industrial Emissions Licensing and the interpretation of capacity can be found at the following link Industrial Emissions Frequently Asked Questions.
    • Lifetime recovery tonnage: This is the total quantity of waste to be recovered through the facility’s lifetime i.e. the quantity of waste that has been deposited to-date and the quantity of waste that will be filled during the facility’s lifetime e.g. in relation to a quarry restoration, this includes the quantity of material filled to-date and the quantity of material that is required to fully restore the quarry back to its original topographical profile. Lifetime recovery is particularly relevant for classes of activity that do not specify an annual tonnage but instead specify a limit on the quantity of waste that can be recovered at the facility e.g. a Class 5 Waste Facility Permit allows for the recovery of <200,000 tonnes of waste at the facility. If the lifetime tonnage was to be >200,000 tonnes, then a Waste Licence would be required. It is also not appropriate to consider or grant a waste facility permit in advance of a waste licence or as an interim authorisation.
    • Part I (Classes of activity subject to a Waste Facility Permit) and Part II (Classes of activity subject to a Certificate of Registration) of the Third Schedule of the Waste Management (Facility Permit and Registration) Regulations 2007, as amended, state that where the waste-related activities being undertaken within a facility encompass a number of the classes as set out within Part I/Part II (as relevant) of the third schedule, the quantity of waste concerned shall be taken as meaning the total quantity of waste accepted at the facility taking account of inputs relating to all classes of activity and compared to the threshold of the principal class.
  • 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 article11@epa.ie 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 article11@epa.ie 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?

    • For relevant private sector activities, certificate of registration and waste facility permit applications should be made to the local authority in whose functional area the proposed activity will be located. Pre-application discussions should be requested with the local authority.
    • All other private sector activities should apply for a waste licence from the EPA. Pre-application discussions are strongly encouraged and should be requested, once the applicant has progressed preparation of an application. More information is available at http://www.epa.ie/licensing/licques/
    • For local authority activities subject to a certificate of registration, application should be made to the EPA using the application form at the following link http://www.epa.ie/licensing/licques/
  • 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 article11@epa.ie 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