S.I. No. 64/1998:

EUROPEAN COMMUNITIES (LICENSING OF INCINERATORS OF HAZARDOUS WASTE) REGULATIONS, 1998

EUROPEAN COMMUNITIES (LICENSING OF INCINERATORS OF HAZARDOUS WASTE) REGULATIONS, 1998

In exercise of the powers conferred on the Minister for the Environment and Local Government by section 3 of the European Communities Act, 1972 (No. 27 of 1972), which said powers are delegated to me by the Environment and Local Government (Delegation of Ministerial Functions)(No. 2) Order, 1997 ( S.I. No. 428 of 1997 ), and for the purpose of giving effect to Council Directive 94/67/EC of 16 December, 1994 on the incineration of hazardous waste ⁽¹⁾, I, Dan Wallace, Minister of State at the Department of the Environment and Local Government, hereby make the following Regulations:--

⁽¹⁾O.J. No. L 365/34, 31 December, 1994

1. These Regulations may be cited as the European Communities (Licensing of Incinerators of Hazardous Waste) Regulations, 1998.

2. In these Regulations, save where the context otherwise requires--

"activity" has the meaning assigned to it by section 3 of the Act of 1992;

"the Act of 1992" means the Environmental Protection Agency Act, 1992 (No. 7 of 1992);

"the Agency" means the Environmental Protection Agency established under section 19 of the Act of 1992;

"the Council Directive" means Council Directive 94/67/EC of 16 December, 1994 on the incineration of hazardous waste;

"licence or revised licence" means a licence or revised licence within the meaning of Part IV of the Act of 1992.

3. (1) Subject to subarticle (2) of this article, these Regulations apply to an activity which comprises the incineration of hazardous waste by oxidation, with or without the recovery of the combustion heat generated, including pretreatment of such waste prior to incineration, the burning of such waste as a regular or additional fuel for any industrial process, pyrolysis or other thermal treatment processes (insofar as the products of such processes are subsequently incinerated).

(2) These Regulations do not apply to an activity which comprises --

(a) the incineration of hazardous waste of a type which is excluded from the scope of the Council Directive by virtue of article 2.1 of that Directive, or

(b) the incineration of hazardous waste at an incinerator of a type which is excluded from the scope of the Council Directive by virtue of article 2.2 of that Directive.

4. Without prejudice to section 83(3) of the Act of 1992, the Agency shall not grant a licence or revised licence in relation to an activity to which these Regulations apply unless it is satisfied that the activity will be carried on in a manner, and in a premises, which complies with the requirements of articles 3.1 and 3.4 of the Council Directive.

5. Notwithstanding sections 83(1) and 84 of the Act of 1992, the Agency shall attach to any licence or revised licence that may be granted by it in relation to an activity to which these Regulations apply such conditions as are, in the opinion of the Agency, necessary to give effect to articles 3 to 12 of the Council Directive.

6. Notwithstanding section 88(1) of the Act of 1992, the Agency shall, as soon as may be but in any event not later than the 1st day of July, 2000, review any licence or revised licence granted in relation to an activity to which these Regulations apply in case where such licence or revised licence was granted by the Agency prior to the 31st day of December, 1996.

Dated this 11th day of March, 1998

DAN WALLACE

Minister of State at the Department of the Environment and Local Government

EXPLANATORY NOTE

These Regulations implement EU Council Directive 94/67/EC of 16 December, 1994 on the incineration of hazardous waste. The Directive specifies certain standards and other requirements to be applied in relation to certain types of incinerators. The Regulations provide for implementation of the Directive in the context of the licensing system operated by the EPA in relation to such facilities under the Environmental Protection Agency Act 1992 .