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The Iceberg Effect
of Waste Managment
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1. The Waste Management (Food Waste) Regulations 2009
The Waste Management (Food Waste) Regulations require that commercial premises:
- segregate and separately store all food waste arising on their premises for
- separate collection by an authorised waste collector.
The food waste regulations apply to businesses which are producing more than 50kg1 of food waste per week. If you are producing three 240 litre bins or one 1100 litre bin of General Waste per week, you are probably in this category and may be required to comply by 1st July 2010 (see below). For those premises producing less food waste than this per week, there is a one-year derogation available, but this must be applied for in advance of the July 2010 deadline. Greenstar can advise you as to whether your business is required to comply by 1st of July 2010 or 1st of July 2011.
The regulations are designed to promote the segregation and beneficial use of food arising from the commercial sector and to reduce the amount of biodegradable waste going to landfill. Diversion of this waste type from landfill will help Ireland to achieve targets set down in the EU Landfill Directive 1999/31/EC and form part of the commitments of the National Strategy on Biodegradable Waste 2006.
Who is subject to the Regulations?
The Regulations will be applicable to a wide range of premises including:
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Restaurants, Bistros, Cafés, Public Houses, etc.,
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Canteens
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Industrial or office buildings where food waste is produced
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Hotels, Guest Houses and Hostels
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Shops and Supermarkets selling food
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Deli Counters
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Healthcare Sectors (Hospitals, Nursing Homes)
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Schools, Colleges, Universities, Training Centres and State Buildings
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Local Authority Offices, Garda Stations, Prisons and Army/Air/Navy Barracks
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Stations, Airports, Ports, Harbours and Marinas
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Events/Exhibitions where food waste is produced
How to be Compliant
The Regulations take effect from 1st July 2010. If you produce more than 50kg of food waste per week from 1st July 2010, you are legally required to segregate in order to be compliant with the regulations. Examples of food waste which must be separated from your General and Recyclable bins are; Fruit, Vegetables, Paper Napkins, Paper Towels, Teabags, Coffee grinds, Eggshells, Bread, Cheese, Dairy and Cooked Meat only.
All authorised waste collectors are required to obtain a signed declaration from customers producing food waste on their premises. This declaration must state that the food waste will be source segregated and presented for collection in compliance with the requirements of the Waste Management (Food Waste) Regulations 2009 (Article 7). Click here to download a sample letter.
Temporary Exemptions
Whilst the main operational aspects come into force on 1st July 2010, occupiers of premises producing less than 50kg of food waste per week may be eligible for a temporary 12 month exemption to separate out food waste on their premises. Your local Greenstar representative is available to provide advice in this regard. To qualify for this exemption, the producer/occupier must submit a claim in writing to the relevant section (Environmental Department) of their Local Authority. A sample letter is available from your Greenstar Representative and it is important that those seeking derogation submit a claim in advance of July 2010.
Download Food Waste Derogation Application General
Download Food Waste Derogation Application Dublin City Council
Remember, after 1st July 2011, ALL premises where food is produced including those producing less than 50kg per week will be required to segregate food waste in a separate bin. This is a legal requirement irrespective of the amount of food waste produced.
A copy of The Waste Management (Food Waste) Regulations 2009 - Food Waste Producer Responsibility (Commercial) can be located on the website of the Department of the Environment Heritage & Local Government at http://www.environ.ie/en/Legislation/
Environment/Waste/WasteManagement/FileDownLoad
,21888,en.pdf
2. Waste Management Acts 1996 to 2003
Objectives:
The 1996 Waste Management Act, the 2001 Waste
Management (Amendment) Act, and the Protection of the Environment
Act, 2003 are the primary legislative instruments that
govern the recycling and disposal of waste in Ireland. The Acts
and subordinate Regulations enable the transposition of existing
and future European Union Policy and/or Directives on waste
management into Irish law.
Summary:
- The banning of the transfer of waste
to anyone other than an authorised person.
- The banning of the recovery or disposal
of waste at an unlicenced facility
- The banning of the holding transportation,
recovery or disposal of waste in a manner that would cause,
or would be likely to cause, environmental pollution.
- The imposition of penalties of up
to €12.7 million and/or ten years imprisonment, plus
possible liability for associated clean-up costs.
- Onus on the producer to take all reasonable
steps to eliminate or minimise the quantity of waste generated
from their premises or activity, including at the design
stage of product.
2001 Waste Management (Amendment) Act
Objectives:
To accelerate the waste management planning process. Additional
measures introduced include:
- A levy of up to €0.19 on the supply
of plastic bags by retailers and potentially the extension
of the levy to other products.
- A levy on the landfill of waste of
not more than €19 per tonne initially with annual increases
of not more than €5 per annum.
- Establishment of an environmental fund
for the development of Waste Management Infrastructure and
Environmental Education (e.g. waste recovery activities
an awareness initiatives)
- A change in the Litter Act that increases
on the spot fines to €127.
2003 Protection of the Environment Act
Objectives:
- Part III of the 2003 Act provides new
schedules which specify what constitutes waste disposal
activities and waste recovery activities in the Third and
Fourth Schedules respectively.
- The act also increases the enforcement
provisions given to the EPA and local authorities in relation
to waste licensing, planning and charges.
3. The Landfill Directive
Objectives:
The primary aim of the 1999 EU Landfill Directive (1999/31/EC)
is to reduce the negative effects of landfill. Other objectives
include the unification of landfill standards across the EU
and the reduction of a reliance on landfills as a disposal
option. Every EU member state was required to implement the
Directive from 16 July 2001.
The EU Landfill Directive has been transposed into national
legislation by the Waste Management (Licensing) Regulations,
2000 (S.I. No.185 of 2000), the Waste Management (Licensing)
(Amendment) Regulations, 2002 (S.I.No.336 of 2002) and the
European Communities (Amendment of Waste Management (Licensing)
Regulations, 2002) (S.I.N0.337 of 2002).
Summary:
- Sites must be classified as Hazardous, Non-Hazardous or
Inert waste landfills according to the type of waste they
will receive.
- Waste acceptance procedures must be in place at the landfill.
- Waste must be pre-treated before being landfilled.
- Certain waste types cannot be landfilled.
- Biodegradable waste will be progressively diverted away
from landfill
- Operators must submit site-conditioning plans for all
existing sites by July 2002.
- Operators must demonstrate that they and their staff are
technically competent to manage the site.
- The disposal price for any type of waste must reflect
the costs involved in setting up and operating the landfill.
This price must include the cost of financial security and
the estimated costs of the closure and after-care of the
site for a period of at least 30 years.
4. Waste Treatment
Objective:
Under the new regulations all waste to be landfilled must
be treated. The term "treatment" also implies the
baling of waste at a waste baling facility, and source segregation
and sorting at a Materials Recycling Facility prior to recovery
of waste and disposal of non-recyclables at landfill.
Summary:Under the Directive treatment is defined as the
physical, thermal, chemical or biological processes, including
sorting, that change the characteristics of the waste in order
to reduce its volume or hazardous nature or facilitate its
handling or enhance recovery.
Co-Disposal The practice of co-disposing hazardous waste
with municipal waste must end by 2009 for existing landfills.
New landfills opened since July 2001 cannot carry out co-disposal
from commencement of the activity.
Inert Waste Inert wastes that can be disposed of in landfills
for inert waste include glass, fibrous materials, packaging,
concrete, bricks, tiles, ceramics, soil and stones.
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