Waste Management Act, 1996

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Hazardous waste management plan.

26.—(1) The Agency shall, as soon as may be after the commencement of this section, but not later than such date as may be prescribed, make a national plan (in this Act referred to as “the hazardous waste management plan”) with regard to—

(a) the prevention and minimisation of hazardous waste,

(b) the recovery of hazardous waste,

(c) the collection and movement of hazardous waste, and

(d) the disposal of such hazardous waste as cannot be prevented or recovered.

(2) The hazardous waste management plan shall have regard to, and incorporate such information contained in, any waste management plan as the Agency considers appropriate and shall—

(a) describe the type, quantity and origin of hazardous waste arising in the State, the movement of hazardous waste within, into or out of the State, and facilities available for the collection, recovery or disposal of such waste in the State, and such description shall indicate the likely position with respect to each of those matters for such period after the making or review under subsection (3) of the plan as the Agency thinks appropriate;

(b) specify objectives and, where appropriate, targets which in the opinion of the Agency are practicable or desirable in relation to the prevention and minimisation of the production of hazardous waste, the minimisation of the harmful nature of such waste and the recovery or disposal of such waste, over such periods as may be specified;

(c) provide for, as appropriate, the identification of sites at which waste disposal activities, being activities that to a significant extent involved hazardous waste, have been carried on, the assessment of any risk of environmental pollution arising as a result of such activities, the taking or recommendation of measures in order to prevent or limit any such environmental pollution, the identification of necessary remedial measures in respect of such sites, and the recommendation of measures to be taken to achieve such remediation, having regard to the cost-effectiveness of available remediation techniques;

(d) have regard to the need to give effect to the polluter pays principle;

(e) have regard to the need for precaution in relation to the potentially harmful effect of emissions, where there are, in the opinion of the Agency, reasonable grounds for believing that such emissions could cause significant environmental pollution;

(f) make recommendations, as respects the management of hazardous waste, regarding—

(i) priorities, measures or programmes which could be pursued,

(ii) infrastructure, waste facilities or other physical resources considered by the Agency to be necessary throughout the State or in any area of the State,

(iii) the functions of any relevant public authorities;

(g) specify policies which the Agency proposes to pursue, having regard to its functions under this Act or any other enactment.

(3) The Agency shall from time to time as it thinks appropriate, and at least once in each period of 5 years after the date of making of the hazardous waste management plan, review the plan and make such revisions thereto as it thinks fit and references in this Part to such a plan shall, unless the context otherwise requires, be construed as including references to such a plan as so revised.

(4) (a) The Agency shall cause to be published in at least one national newspaper—

(i) a notice of its intention to make the hazardous waste management plan,

(ii) where it has carried out a review of that plan and proposes to revise the plan consequent on such a review, a notice of that proposal,

and shall furnish a copy of the plan or, as the case may be, the proposed revision of the plan to the Minister, each local authority and such other persons as may be prescribed.

(b) Subsections (2), (3) and (4) of section 23 shall apply in relation to the hazardous waste management plan and a notice aforesaid as those provisions apply in relation to a waste management plan and a notice under subsection (1) of section 23 with the following and any other necessary modifications, namely—

(i) references in those provisions to a plan and a proposed variation of a plan shall be construed, respectively, as references to the hazardous waste management plan and a proposed revision of that plan,

(ii) references in those provisions to varying or replacing a plan shall be construed as references to revising a plan,

(iii) references in those provisions to a local authority shall be construed as references to the Agency.

(5) A Minister of the Government, a local authority and any other public authority in whom are vested functions by or under any enactment in relation to the protection of the environment shall have regard to, and in so far as it is considered by that Minister of the Government, local authority or other public authority to be appropriate to do so, shall take measures to implement or otherwise give effect to, recommendations contained in the hazardous waste management plan.

(6) Without prejudice to subsection (5), the Agency may, having regard to the provisions of the hazardous waste management plan and the functions of local authorities in relation to the management of hazardous waste, make such recommendations to one or more local authorities as the Agency considers appropriate in relation to the effective management by it or them of hazardous waste, and such recommendations shall be regarded as having been issued under and in accordance with section 63 of the Act of 1992.

(7) For the purpose of the making or review of a hazardous waste management plan by the Agency, it shall be the duty of each local authority and any public authority referred to in subsection (5) to furnish to the Agency, on request being made by the Agency therefor, any relevant information which is available to, or may reasonably be obtained by, the local authority or public authority.

(8) Nothing in this Part shall be construed as requiring the Agency to provide, or assume a direct role in the provision of, any waste facilities, equipment or related resources or as imposing a duty on the Agency owed to any person to identify a site at which a waste disposal activity has been carried on or to do any other thing referred to in subsection (2) (c) in relation to such a site.

(9) Upon the making of the hazardous waste management plan or of any revisions thereto, the Agency shall—

(a) cause to be published in at least one national newspaper a notice of that fact and of the means by which a copy of the plan, as made or revised, may be obtained by members of the public at a cost not exceeding the reasonable cost of making a copy, and

(b) furnish a copy of the plan, as made or revised, to the Minister and each local authority, and any other public authority which in the opinion of the Agency has an interest in the management of hazardous waste.