Significant new waste legislation has been passed by the Dail this year. Two Statutory Instruments (SIs) are of particular interest to hazardous waste producers.
S.I. No. 209 of 2015 relates to the control of major accident hazards Involving dangerous substances. It implements the Seveso III Directive (2012/18/EU) into Irish law. It sets down rules for the prevention of major accidents involving dangerous substances including hazardous wastes, and seeks to limit as far as possible the human health and the environmental consequences of such accidents, with the overall objective of providing a high level of protection in a consistent and effective manner. The intention is to achieve this through tiered controls on the operators of the establishments subject to the Regulations: the larger the quantities of dangerous substances present at an establishment, the more onerous the duties on the operator. The new regulations align the scope to new international chemicals classification (CLP Regulation transposing Global Harmonised Standards classification). There is also an enhanced emphasis on the need for operators to provide comprehensive information to the public.
Follow this link for the complete text of the regulations.
S.I. No. 233 of 2015 is concerned with the properties of waste which renders it hazardous. It completely amends the Second schedule of the Waste management Act 1996. The updated hazardous properties comprise:
|HP1||“Explosive”: ‘waste which is capable by chemical reaction of producing gas at such a temperature and pressure and at such a speed as to cause damage to the surroundings. Pyrotechnic waste, explosive organic peroxide waste and explosive self-reactive waste is included’|
|HP2||“Oxidizing”:‘waste which may, generally by providing oxygen, cause or contribute to the combustion of other materials’|
– flammable liquid waste: liquid waste having a flash point below 60°C or waste gas oil, diesel and light heating oils having a flash point > 55°C and ≤ 75°C;
– flammable pyrophoric liquid and solid waste: solid or liquid waste which, even in small quantities, is liable to ignite within five minutes after coming into contact with air;
– flammable solid waste: solid waste which is readily combustible or may cause or contribute to fire through friction;
– flammable gaseous waste: gaseous waste which is flammable in air at 20°C and a standard pressure of 101.3 kPa;
– water reactive waste: waste which, in contact with water, emits flammable gases in dangerous quantities;
– other flammable waste: flammable aerosols, flammable self-heating waste, flammable organic peroxides and flammable self-reactive waste.
– Waste which on application can cause skin irritation or damage to the eye.
– Hazards HP 4 and HP 8 are linked because they refer to the potential for harm or damage to tissue at different levels of severity. See C8 for further details.
– Hazardous wastes containing irritant substances will only display irritant properties. Hazardous wastes containing corrosive substances can display either corrosive or irritant properties dependent upon concentration.
– The mechanical irritation produced by some substances, for example mineral wool, is not included within the definition of HP 4.
|HP5||“Harmful”: waste which can cause specific target organ toxicity either from a single or repeated exposure, or which cause acute toxic effects following aspiration|
|HP6||“Toxic”: waste which can cause acute toxic effects following oral or dermal administration, or inhalation exposure|
|HP7||“Carcinogenic”: waste which induces cancer or increase its incidence|
|HP8||“Corrosive”: waste which on application, can cause skin corrosion.|
|HP9||“Infectious”: waste containing viable micro-organisms or their toxins which are known or reliably believed to cause disease in man or other living organisms.|
|HP10||“Toxic for reproduction”: waste which has adverse effects on sexual function and fertility in adult males and females, as well as developmental toxicity in the offspring.|
|HP11||“Mutagenic”: waste which may cause a mutation, that is a permanent change in the amount or structure of the genetic material in a cell.|
|HP12||“Release of an acute toxic gas”: waste which releases acute toxic gases (Acute Tox. 1, 2 or 3) in contact with water or an acid|
|HP13||“Sensitizing”: waste which contains one or more substances known to cause sensitising effects to the skin or the respiratory organs|
|HP14||“Ecotoxic”: waste which presents or may present immediate or delayed risks for one or more sectors of the environment.|
|HP15||Waste capable of exhibiting a hazardous property listed above not directly displayed by the original waste.|
Follow this link for the complete text of the regulations.
Other new waste legislation enacted this year:
- S.I. No. 197/2015 – Waste Management (Collection Permit) (Amendment) Regulations 2015.
These Regulations amend the 2007 Waste Management (Collection Permit) Regulations to give effect to national waste policy regarding the regulation of the collection of household waste.
- S.I. No. 198/2015 – Waste Management (Facility Permit and Registration) (Amendment) Regulations 2015
These regulations amend the Waste Management (Facility Permit and Registration) Regulations 2007 to provide that amendments of a clerical or technical nature may be made to Certificates of Registration and to provide for additional rules for pay to use compactor units accepting household waste.
- S.I. No. 202/2015 – Statistics (Waste Generation) Order 2015.
Statistics (Waste Generation) Order 2015.
This order makes it mandatory for undertaking coming within the scope of Annex I to Regulation (EC) No. 1893/2006 of the European Parliament and of the Council of 20 December 2006 to make a full return to the 2014 Waste Generation Survey.
Links to Irish Statute Book: