Waste Management Act, 1996
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Conditions attached to a waste licence. |
41.—(1) A waste licence may provide as respects any condition attached to it that the condition shall be complied with before or after any activity to which the licence relates has been commenced or has ceased. | |
(2) Without prejudice to the generality of section 40 (1) (a), conditions attached to a waste licence granted under this Part— | ||
(a) shall, as appropriate— | ||
(i) specify the waste recovery or disposal activity, as the case may be, to which the licence relates (“the activity concerned”) and the types, nature, composition and quantity of waste permitted to be recovered or disposed of during specified periods or otherwise, | ||
(ii) specify the facility where waste may be recovered or disposed of under the licence, | ||
(iii) specify procedures or methods to be followed or employed with respect to the activity concerned, having regard to the nature and composition of the waste, the proximity to the facility concerned of water catchment areas and the characteristics of the receiving environment, | ||
(iv) require specified measures to be taken to prevent the entry to waters of specified substances or to avoid pollution by specified substances, | ||
(v) specify requirements of a technical nature to be complied with for the purpose of controlling emissions arising from, or which are a result of, the activity concerned, including— | ||
(I) requirements relating to the design, construction, provision, operation or maintenance of the facility concerned, or any plant thereon, | ||
(II) other requirements for the purposes aforesaid, including the use or employment of specified procedures or codes of practice, | ||
(vi) require the monitoring, supervision and control of each aspect of the operation of the facility or any plant concerned by specified means and for that purpose require specified procedures or codes or practices to be followed or employed and precautions of a security nature to be taken, | ||
(vii) require the monitoring of such environmental media as, in the opinion of the Agency, may be affected by or as a result of the activity concerned, | ||
(viii) require records to be kept of the quantity, nature and origin of waste accepted into the facility concerned, the treatment, recovery or disposal of such waste, and where relevant, the quantity, nature, destination, frequency of collection and mode of transport of waste leaving the facility concerned, and specify the period for which such records are to be preserved, | ||
(ix) in the case of a waste disposal activity, require the recording and identification of a deposit of hazardous waste in the facility concerned, | ||
(x) require the keeping of other specified records and require specified information to be supplied to the Agency, or any other specified person, in relation to the carrying on of the activity concerned, including a statement by the holder of the licence confirming whether or not he or she has complied with each of the conditions attached to the licence, | ||
(b) may, as appropriate— | ||
(i) specify requirements to be complied with as respects the nature, composition, temperature, volume, level, rate, method of treatment and location of an emission arising from, or which is a result of, the activity concerned (“an emission concerned”), | ||
(ii) specify the periods during which an emission concerned may, or may not, be made, | ||
(iii) specify limits to the effects of an emission concerned, | ||
(iv) specify the concentration of a pollutant in an environmental medium or a discharge rate which shall not be exceeded, | ||
(v) require the provision, operation and maintenance of meters, gauges and other apparatus or means for monitoring the nature, extent and effects of an emission concerned, | ||
(vi) specify requirements as to the training and qualifications of persons employed in carrying on the activity concerned, | ||
(vii) specify the methods, vehicles and receptacles to be employed in transporting waste to, from or within the facility concerned, | ||
(viii) require the taking and analysis of samples, the making of measurements and compliance with specified quality control procedures in connection with the activity concerned and for that purpose require— | ||
(I) the use of specified analytical standards or the services of specified laboratories to be availed of, | ||
(II) the keeping of records in relation to the samples, measurements or procedures, | ||
(III) the furnishing of information to the Agency or any other specified person in relation to the samples, measurements or procedures, | ||
(ix) require the making of a plan, and the revision thereof at specified intervals, setting out the measures to be taken in the event of any accident or incident (including any difficulty of an operational nature) occurring that involves the facility or any plant concerned, | ||
(x) require specified measures to be taken in the event of a breakdown of any plant or other equipment which may affect an emission concerned, | ||
(xi) where appropriate, specify the type of fuel to be, or not to be, used, as the case may be, | ||
(xii) require the making and maintenance of such financial provision as may be required under section 53 (1), | ||
(xiii) require the holder of the licence to effect and maintain a policy of insurance insuring him or her as respects any liability on his or her part to pay damages or costs on account of injury to person or property arising from the carrying on of the activity concerned, | ||
(xiv) require the making of payments by the holder of the licence to the Agency to defray costs which may be incurred by the Agency in monitoring or otherwise in performing any functions in relation to the activity concerned, | ||
(xv) specify requirements for the closure, restoration and remediation of, or the carrying out of aftercare in relation to, the facility concerned, | ||
(xvi) require the holder of the licence to comply with such further requirements in relation to the closure, restoration, remediation and aftercare of the facility concerned, or otherwise as may in due course be determined under section 46 (5), | ||
(xvii) specify the latest date by which a condition attached to the licence is to be complied with. | ||
(3) The Minister may by regulations— | ||
(a) require the Agency to attach as conditions to any waste licence that may be granted by it in respect of a specified class or classes of waste recovery or disposal activity, provisions requiring compliance with any specified standard, specification, procedure or other requirement, including any requirement the imposition of which is required or necessary to give effect to any Community act in relation to waste, | ||
(b) require the Agency to attach as a condition to a waste licence of a specified class or classes a provision prohibiting the recovery or disposal of specified waste in a facility concerned or by means of a specified recovery or disposal activity, or | ||
(c) require the Agency to take account of any other specified matter in attaching conditions to a waste licence. | ||
(4) Conditions attached to a waste licence may apply in respect of any plant, or land or any part of any land, which is, or has been, used for the purpose of, or incidental to, an activity to which the licence relates and any emission from the facility concerned. | ||
(5) The Agency may recover the amount of any payment due to it arising from a condition attached to a waste licence as a simple contract debt in any court of competent jurisdiction. | ||
(6) Prior to the commencement of the waste recovery or disposal activity to which a waste licence relates, as the case may be, or the coming into force of a waste licence in respect of an activity to which section 39 (3) applies, the Agency shall inspect the facility concerned in order to ensure that it complies with the relevant conditions attached to the waste licence. |