Annex 1: Progress Report on A Resource Opportunity-Waste Management Policy in Ireland
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Annex 1: Progress Report on A Resource Opportunity- Waste Management Policy in
Ireland
A Resource Opportunity – Waste Management in Ireland was launched just over seven years ago. In terms of reviewing the implementation of the current
national waste policy, the approach taken has been to measure where we are in terms of our waste targets under European legislation and to assess how
successfully the various measures under current national policy have been implemented.
Ireland is responsible for meeting targets under European Union waste legislation including the Waste Framework Directive, the Landfill Directive and the
Producer Responsibility Directives (Packaging and Packaging Waste, End-of-Life Vehicles, Waste Electrical and Electronic Equipment, Batteries and
Accumulators). Back in 2012 there was a perceived threat that Ireland would be in breach of the target to reduce the amount of biodegradable municipal
waste going to landfill. Currently Ireland is achieving a rate of 190,000 tonnes BMW to landfill against a target of less than 427,000 tonnes of BMW to landfill
by 2020. Ireland has either achieved or is on track to achieve the targets under EU waste legislation out to 2020.
Some highlights of recent years which have contributed to this success include:
• The reduction in the percentage of municipal waste going to landfill from 41% in 2012 to 26% in 2016 and probably less than 20% in 2018 (figures to
be confirmed).
• The phasing out of flat rate charging for household waste collection.
• Introduction of bye-laws for the presentation of household and commercial waste
• The establishment of three waste planning regions and the making of three regional waste management plans.
• The roll out of the food waste bin to agglomerations of more than 500 people;
• The standardisation of the recyclate acceptable in the mixed dry recycling bin and the roll out of comprehensive awareness and education campaigns
for householders culminating in the launch of the Mywaste.ie portal.
• The establishment of three Waste Enforcement Regional Lead Authorities.
• The establishment of the Construction Waste Resource Group.
• Embedding enhanced approvals for each Extended Producer Responsibility scheme addressing target achievement, corporate governance,
enforcement, awareness raising & communications and co-operation among others.
However, many challenges remain, including:
• The attainment of the EU targets introduced by the Circular Economy Legislative Package and the Single Use Plastics (SUP) Directive.
• The 55% preparing for reuse and recycling target municipal waste target by 2025, given that 41% was achieved in 2016.
• The ability of the State to manage the waste it produces, particularly in terms of municipal waste and construction and demolition waste.
• The level of contamination in the kerbside bins as highlighted in
• Harmonisation of EPR schemes through the use of general minimum requirements including where possible the modulation of the financial
contributions paid by producers.Update on Policy Measures using traffic light system
No Measure Heading Primary Secondary Current position Progress to date
Responsibility role
1 The development of Planning for the Lead Authorities DCCAE, Following publication of the DECLG policy Complete
Waste Management Future in the Waste CCMA, document ‘A Resource Opportunity’ in July
Plans will remain a Management Local 2012, a revised Regional Structure was
function of local Planning Regions Authorities, proposed for waste management planning
authorities. A National leading to the creation of three new Waste
significant resource of Waste Management Planning Regions. This new
expertise and Management regional waste planning structure is the
experience has been Planning preferred structure outlined in the
developed within the Coordination Government’s action programme for the
local authority system Committee, reform of local government - ‘Putting People
which can, in EPA First’. Three lead authorities were appointed
conjunction with the by the CCMA to manage the development of
support of the the respective Waste Management Plans
National Waste and they are:
Management 1. The Southern Region - led by a
Planning Coordination consortium of Tipperary and Limerick
Committee, deliver Local Authorities
new waste 2. The Connacht & Ulster Region - led
management plans. by Mayo County Council.
A shared service 3. The Eastern Midlands Region – led
approach to planning by Dublin City Council.
of waste management The three Waste Management Plans have
will be expected to been in place since May 2015 for the period
yield more efficient 2015-2021.
outcomes under a
new regional waste Annual reports continue to be published.
management planning
configuration which
will be decided by the
local authorities.2 Local authorities Planning for the Local Authorities DCCAE, Efficiencies and a standardised approach Complete undertaking their Future CCMA, have been gained by the delivery of the waste management National three regional Waste Management Plans planning Waste and offices. responsibilities, Management guided by the Planning The reduction from 10 Regions to 3 Regions programme of reform Coordination has meant a significant change in waste of local government Committee, management planning in Ireland considering structures which is EPA that the Regions include a greater number of currently underway, local authorities in each regional will significantly configuration. The three Regions worked reduce the number of together closely in the preparation of the regional formations, three regional waste management plans and (currently 10) to no the close co-ordination between the 3 more than 3. Arising regional authorities will continue during the from the preparation implementation phase. The plans have been and implementation of developed on a common basis and have a the first round of broadly similar structure and much of the waste management content is shared, allowing for a more plans that divided the coherent and efficient implementation of the State into 10 waste Plans across the State. The development management planning and implementation of the Plans was regions, local assisted by a National Co-ordination authorities clearly Committee, including the Regions, national recognise the offices (NTFSO and NWCPO), the desirability of Department and the EPA. rationalising the number of waste The reformed Regional Waste Management planning regions. Plan regime allowed for redeployment of This will enable a resources to implementation and greater concentration enforcement of the Waste Management of resources, while Plans. On the 9th October 2015, following still addressing an open bidding process, Cork County geographical and Council, Dublin City Council and Leitrim & other relevant Donegal County Councils (in a combined differences. It bid) were selected as the new Waste recognises the nature Enforcement Regional Lead Authorities for of the Irish waste the Southern, Eastern and Midlands, and market and the Connacht / Ulster Regions respectively. movement of waste across existing The Waste Enforcement Regional Lead
boundaries to avail of Authorities (WERLA) have responsibility for
waste management coordinating waste enforcement actions
infrastructure. Local within their regions and setting common
authorities will be objectives for waste enforcement. The
expected to redeploy WERLA structure was developed with full
resources freed up cognisance of the structures already
from a more efficient operating in the area of waste planning/
waste management environment enforcement. The structure
planning regime to complements the existing regional waste
essential work on the management planning group structure and
implementation and the cooperative multi-agency approach of
enforcement of the the NIECE network. The establishment of
new regional plans. lead regional enforcement authorities also
facilitates more streamlining of the tasks
currently undertaken in the waste
enforcement area. The new offices facilitate
a transformation from process-driven
enforcement, structured around separate
implementation of individual regulations, to
one that focuses greatest effort on the waste
problems and issues that matter most and to
take swift, proportionate and effective action.
The focus of the WERLAs work programme
are based on the agreed annual national
waste enforcement priorities.
3 The evaluation of all Planning for the 10 Lead Local National Evaluations completed by 31 December Complete
existing waste Future Authorities Waste 2012 as required. On completion of
management plans to (evaluation) Management evaluations, it was determined to put in
ensure compliance Planning place a new model (10 to 3) that required
with the requirements Coordination three plans. These plans are subject to
of the Waste Committee, ongoing evaluation.
Framework Directive CCMA
will be completed by
31 December 2012.
The plans will remain
applicable until new
plans have been put
in place by the start of
2014.4 New plans will be Planning for the WMPLA’s DCCAE, The 3 lead authorities have published 3 Compete
required to reflect Future National waste management plans which ensure
national policy and set Waste national policy objectives are appropriately
out how such policy Management dealt with. All of the plans have a detailed
will be implemented in Planning implementation programme to ensure that
the region during the Coordination national policy objectives are achieved
period of the plan. Committee, (S.19). Annual reports continue to be
EPA published.
5 In keeping with the Planning for the WMPLA’s DCCAE, A key policy objective (A4) & Strategic Ongoing action
proximity and self- Future National Objective E of the 3 Waste Management
sufficiency principles, Waste Plans is to ensure that the plans adhere to
a key objective of Management the proximity and self-sufficiency principles.
waste management Planning
plans will be to ensure Coordination Policy E9a identified the requirement for on-
a sufficiency of waste Committee, going availability of disposal facilities for
management EPA non-hazardous municipal residual waste.
infrastructure within In early 2016, it was evident that some
the State to manage collectors were experiencing difficulties in
municipal waste. finding suitable residual waste disposal
outlets.
On foot of a recommendation by the three
Regional Waste Management Planning
Offices, additional disposal capacity was
released under section 56 of the Waste
Management Act, 1996 for limited periods of
time to overcome ‘pinch points’ experienced
in the State during 2016.
The Environmental Protection Agency, on
foot of applications received, granted
Technical Amendments to the relevant
waste licences which provided for the
additional intake of waste.
The WMPLA’s on behalf of the CCMA
prepared a Feasibility Study on Local
Authority Sector Contingency Waste
Capacity. The Study was submitted to the
DCCAE and discussions are ongoing withrelevant Local Authorities.
A second stage of the Feasibility Study
involved an invitation to the private sector to
provide contingent capacity.
A number of applications for additional
domestic capacity to manage MSW are
being progressed and waste capacity
developments, including future potential
‘pinch points’ and the coming on stream of
additional capacity, are kept under constant
review by the three Regional Waste
Management Planning Offices, in
consultation with industry and other waste
regulatory bodies, including the Department.
Reports on MSW generation and available
outlets are being produced on a quarterly
basis.
6 DECLG and the EPA Planning for the DCCAE, EPA Local The National Waste Co-ordination Satisfactory
will monitor how Future Authorities Committee (with EPA representation) meets Progress
compliance with the quarterly. It originally convened to co-
waste management ordinate the development of the three new
hierarchy is being waste management plans and currently
achieved through meets to monitor their implementation. Each
implementation of the of the plans has a set of targets which are
new regional waste subject to ongoing review.
management plans.
7 Through collection Waste DCCAE - Local The National Waste Collection Permit Office Satisfactory
permits issued under Collection Legislation Authorities was established in February 2012 to issue Progress
a strengthened waste collection permits on behalf of all local
permitting system, NWCPO - authorities. A single set of conditions applies
waste collectors will Implementation to all collectors dependent on which waste
be required to: types they are authorised to collect.
• Manage the waste
collected in Permit condition 6.6.2 requires mandated
accordance with the service levels under Waste Managementwaste hierarchy and (Collection Permit) Regulations 2007 and
in a manner European Union (Household Food Waste
supportive of the and Bio Waste) Regulations 2015.
development of a
resource efficient and The WERLAs were established to deliver a
sustainable approach co-ordinated national integrated approach to
to the management of waste enforcement which will drive
waste; consistent enforcement of legislation across
• Deliver mandated the regions.
service levels; and
• Operate pricing All Waste Collection Permits were reviewed
structures designed to in Autumn 2017, to phase out flat rate fees
incentivise for Household Waste Collection over the
environmentally period to September 2018. The revised
sustainable condition 6.6.26 contains a requirement for
behaviours by collection charges to incentivise
households in terms householders to reduce waste and
of waste reduction segregate recyclables and food waste.
and segregation.
Waste collectors are required to maintain a
customer charter and adhere to standard
permit conditions which specify the service
level required (i.e. receptacle types,
frequency of collection, waste types to be
collected, communication with customers
etc.)
Through the waste collection permit review
process, the NWCPO is assessing the use
of appropriate incentivised charging systems
by household kerbside waste collectors and
compliance with permit conditions.
8 The collection Waste DCCAE Local The Waste Management (Collection Permit) Satisfactory
permitting system will Collection Authorities, (Amendment) Regulations 2016 (S.I. No 24 Progress
be strengthened NWCPO, of 2016) align the definition of ‘fit and proper
further so that: EPA, PRI person’ with the Waste Management Act,
• Robust controls are Compliance 1996; defining the definition in primary
in place to ensure that Schemes legislation.
only “fit and proper”
individuals and All collectors were inspected in a
companies are coordinated and consistent manner and theallowed to hold such results of these inspections were used to permits and inform the review and subsequent appropriate corporate standardisation of the conditions of all governance Household Waste Collectors. arrangements are implemented; The NWCPO recently revised and • Producer strengthened the permit application process Responsibility and conditions to reflect amended Initiative waste is legislation. The conditions include sections always provided to on Notifications, record keeping and the obligated reporting, WEEE, Waste Tyres and Waste compliance scheme Batteries and Accumulators. The producer or waste collector and responsibility organisations managing these is recovered and streams are required by regulations to recycled appropriately achieve mandated recycling targets. by, the relevant sectors at all times; The NWCPO is self-funding. The fees and charged cover the full operational cost of the • The permit fee office with no funding from the exchequer. structures reflect the Funding for the NWCPO comes from a levy value of the on each local authority and by application permission to collect fees from waste collection permit holders. waste conferred by a The operation of the office continues to be permit, the need to cost neutral. contribute to the costs of essential enforcement of the permitting system and the potential liabilities for the State which may arise from poor collection and management practices. 9 All household waste Waste DCCAE Local All household kerbside waste collectors are Complete collection service Collection legislation Authorities required by a permit condition to have a providers will be customer charter in place in accordance with required to put in NWCPO the Waste Management (Collection Permit) place Customer implementation Regulations 2015 (S.I. 197 of 2015) Sixth Charters, clearly Schedule. setting out information
for customers in
relation to issues such
as charging
structures,
procedures for
dealing with
customers who may
fall into arrears, and
arrangements for
switching from one
waste collector to
another. These will be
audited annually as
part of the permitting
process.
10 Measures will be Waste DCCAE NWCPO, As required by amending legislation, Satisfactory
introduced through Collection Local conditions have been included in waste Progress
the strengthened Authorities collection permits authorised to collect
collection permit household kerbside waste, which limit the
system to manage hours when waste can be collected in order
better the nuisance, to minimise noise nuisance. In addition, A
emissions and health Template for a Bye-law on Waste
and safety risks of Presentation has been prepared by the three
overlapping Regional Waste Management Offices and
household waste circulated to local authorities with a view to
collection networks. standardising such Bye-laws across the
State. The majority of local authorities have
already introduced such Bye-laws with the
remaining Local Authorities expected to do
so by end 2020. The Bye-laws govern a
range of issues, including obliging
consumers to participate in an authorised
waste collection service (or provide
documentary proof on what alternative
means they use to dispose of their waste)
and encouraging greater segregation of
waste to reduce volumes of residual waste
collected.
Dublin City Council has included in its
collection Bye-laws ‘designated collectiondays’ for the city to improve efficiencies on a
range of different levels to the benefit of the
Council, residents and collectors.
11 Inspection and Waste DCCAE NWCPO, The current fees received by the NWCPO Satisfactory
enforcement Collection NWCPO Local assist in inspection and enforcement through Progress
resourcing for Authorities the development of online systems which
collection permits will allow sharing of information and data on
be increased, funded waste collection permits.
in part by the revised The establishment of the WERLA’s funded
permitting fee by DCCAE will result in enhanced
structure. enforcement.
12 All householders will Households DCCAE – Householder S.32 of the Waste Management Act 1996 Satisfactory
be obliged to Legislation s places a general duty on holders of waste Progress
demonstrate that they which would include households. Section 32
are availing of an WMPLA’s (6) outlines the offences applicable and
authorised waste – Implementation Section 10 of the Act sets out the penalties
collection service or that apply.
are otherwise
managing their waste Under the European Union (Household Food
in an environmentally Waste and Bio-waste) Regulations 2015,
acceptable manner, in household waste collectors are required to
accordance with provide, or arrange for the provision of a
legislation and the separate collection service for food waste
provisions of waste from households in designated
management plans, in brown bin areas.
order to combat illegal
fly-tipping, littering Household & Commercial Waste
and backyard burning Management Compliance has been a
of waste by a minority National Waste Enforcement Priority for
of households, and to 2018 and 2019. During this period the focus
avoid the compliant of this priority for the Waste Enforcement
majority having to Regional Lead Authorities (WERLAs) has
bear the costs of been the roll out of the household food
dealing with the waste bin. From their inception in 2016 the
consequences of WERLAs have coordinated local authority
such activities. actions by way of compliance assistance
and enforcement to support the effective roll
out of the household food waste bin in therequired agglomerations in accordance with the legislation and this work is on-going. This focus is resulting in less organic waste going to landfill. The most recent figures show a 19% increase in organic waste recycling and recovery. The provisions of the Litter Pollution Act, 1997 are used to good effect by Local Authorities to combat illegal fly-tipping, littering and backyard burning. Section 35 of the Waste Management Act enables local authorities to make Bye-Laws governing the presentation and separation of waste for collection. Bye-laws at a local authority level address a range of waste presentation issues. The three Regional Waste Management Plans for period 2015-2021 contain commitments to Review/introduce presentation of waste bye-laws across the region, to maximise the quantity and quality of recyclable waste collected and amend/replace/introduce new bye-laws if appropriate. In addition to tackling illegal dumping, the plans also recognise the need to improve both the capture of recyclate and its quality. Greater capture of recyclate will obviously have a positive impact on reducing the volumes of waste directed to landfill and boost our efforts to meet our EU and regional waste recycling targets (50% recycling rate of household/municipal waste by 2020). Bye-laws which require people to demonstrate how they manage their waste are consistent with national policy as set out
in A Resource Opportunity – Waste Management Policy in Ireland which states that: “all householders will be obliged to demonstrate that they are availing of an authorised waste collection service or are otherwise managing their waste in an environmentally acceptable manner, in accordance with legislation and the provisions of waste management plans, in order to combat illegal fly-tipping, littering and backyard burning of waste by a minority of households, and to avoid the compliant majority having to bear the costs of dealing with the consequences of such activities.” It should be noted that certain local authorities have already introduced bye-laws which require householders to sign up to a household waste collection service and that the three Regional Waste Management Planning Offices prepared a template to help standardise bye-laws on the presentation of waste. The 31 Local Authorities, in conjunction with the three Regional Waste Management Offices, are in the process of adopting new Waste Management & Presentation By-Laws with the expectation that all Local Authorities will have adopted such by-laws by the end of 2020. The bye- laws govern a range of issues, including obliging consumers to participate in an authorised waste collection service (or provide documentary proof on what alternative means they use to dispose of their waste) and encouraging greater segregation of waste to reduce volumes of residual waste collected.
The 3 waste management plans contain
actions which implement a coordinated
approach to addressing unmanaged waste
and the potential impact to the environment
and human health. These include identifying
areas of low collection coverage and survey
households who are currently not availing of
a collection service to determine a cause
and engaging with waste collectors to design
solutions.
A National Initiative to combat illegal
dumping was launched by the Minister in
March. In 2017 and 2018 funding of €3.3
million was provided to support over 400
illegal dumping projects including – clean-up
operations; bulky waste initiatives;
awareness campaigns; preventative
measures; surveillance operations and
SMART enforcement equipment and
resources for waste enforcement officers.
Funding of €3 million is available for the
2019 Anti-Dumping Initiative. The overall aim
is to reduce incidents of illegal dumping
nationally by providing funding for projects
tackling the problem including the provision
of support for monitoring and surveillance of
dumping blackspots and the development of
an integrated and effective approach to
dealing with this issue using a collaborative
approach with local authorities, communities
and other state agencies.
13 To support Households WMPLA’s EPA, Waste Education and awareness are one of the key Satisfactory
households, DCCAE Industry components of the Waste Management Progress
awareness and Plans. The Regional Waste Management
education measures Planning Offices are engaged in ongoing
will be strengthened; educational initiatives working in partnership
the waste collection with the LAs and all stakeholders.industry will be
encouraged to play a RWMPOs have aligned their awareness
role in such raising programme with the Annual Service
measures. Delivery Plan of the WERLAs to ensure
consistency of approach.
The Government is committed to an
intensive public awareness, information and
promotion campaign to promote the benefits
of an incentivised charging model and
support customers in understanding how
they can change their waste management
behaviour and better manage their waste
costs under this system, €1.3m was
allocated to RWMPOs for 2018 waste
campaign which included the launch of
mywaste.ie, with further funding of up to
€750,000 made available in 2019. The waste
collection industry played a key stakeholder
role in the development of this campaign.
14 Taking account of the Households DCCAE D/Social An interdepartmental working group, Not achievable
Government's Protection; established in line with national waste policy
decision in relation to D/Public to report to Government with options to
the household waste Expenditure minimise the impact of waste charges on low
collection market and Reform; income households, submitted two reports to
structure, the relevant D/Finance; the previous Government. It should be noted
Programme for Tánaiste's that there has never been a national waiver
Government Office scheme for household waste collection.
commitment and the During the period in which local authorities
requirements of the were directly involved in the collection of
Waste Framework household waste, a minority of individual
Directive, including Councils offered different levels of discount
the polluter pays to selected households, based on different
principle, it is intended qualification criteria. As local authorities
to introduce a exited the waste collection market, some
household waste required the private operators which took on
collection waiver the Councils’ customers to provide a level of
scheme and other discount for existing waiver customers only,
alternative support and even then, for only a limited time. The
schemes for low vast majority of such contractual
income households. commitments for private operators to provideAn inter-departmental a waiver have now expired. In that context,
working group will be the number of households in receipt of
established waiver discounts is likely to decline over
comprised of time, especially as some householders were
representatives of the able to take advantage of special reduced
Departments of the offers elsewhere which actually undercut the
Environment, waiver price. However, selected private
Community and Local operators still offer some level of discount to
Government; Social former waiver customers on a voluntary
Protection; Public basis. With the exception of one or two
Expenditure and municipal districts, local authorities no longer
Reform; Finance; and collect waste. Waste collection is now
the Tánaiste's Office; serviced by a diverse range of private
the working group will operators, where the fees charged are a
report to Government matter between the service provider and
by October with customer and the range of services and fees
recommendations on offered vary amongst providers and across
measures to minimise the country. In that regard, it became
the impact of waste increasingly apparent that a national waiver
charges on low scheme could not be imposed in the context
income households. of an open market for waste collection.
In addition, since mid-2017, a range of
charging options have operated, which
encourage householders to reduce and
separate their waste. This provides flexibility
to waste collectors to develop various
service-price offerings that suit different
household circumstances. Mandatory per
kilogramme 'pay by weight' charging was not
introduced. A Price Monitoring Group
(PMG) was established in mid-2017 to
monitor the on-going cost of residential
waste collection to homeowners across
Ireland as the ‘flat-rate structure’ was being
phased out. While fluctuations in prices and
service offerings have been observed, the
overall trend has been relative price stability.
The Department has been examining this
issue in detail and has engaged withrelevant stakeholders in an effort to see how
best to provide a financial support to persons
with long-term incontinence with respect to
the disposal of medical incontinence wear.
There are complex issues at play, which is
understandable given the sensitive nature of
the medical data in question.
15 The Producer Households DCCAE, PRI Local Extended Producer Responsibility (EPR) Satisfactory
Responsibility Compliance Authorities, schemes form an essential part of efficient Progress
Initiative model will be Schemes EPA, Waste waste management. In Ireland, EPR
implemented in a Industry schemes have been developed for a number
manner that ensures of waste streams, based on the producer
that households are pays principle. Enhanced approvals were
encouraged and introduced for each of the Producer
facilitated to re-use Responsibility Initiative Compliance
and recycle waste Schemes which address key issues
from the specific including target achievement, awareness
waste streams raising and communications, enforcement
involved. and co-operation. Each compliance scheme
shall operate a programme of national and
sectoral education and awareness raising
activities. Under the approvals, schemes
shall continue to work with other agencies
operating in the sector including the EPA,
the regional lead authorities for waste
management and enforcement and local
authorities.
16 The Competition and Operation of Competition and DCCAE, The then Competition Authority were tasked Satisfactory progress
Consumer Protection the Market Consumer NWCPO with carrying out a formal review of the
Commission is being Protection operation of the household waste collection
requested by the Commission market during 2016. However, that review
Government to was deferred, pending the scheduled
maintain an ongoing introduction of pay-by-weight charging in
oversight of July 2016, so as to provide sufficient time for
household waste the proposed new charging system to take
collection markets as effect and to allow a sufficient period of time
the retention of the to gather meaningful data for analysis.
current market
structure, combined The Competition and Consumer Protectionwith a strengthened Commission (CCPC) report from September, regulatory regime, will 2018 recommended that existing national need to be subject to waste management policy, as set out in 'A close monitoring. Resource Opportunity - Waste Management 17 The next formal Operation of Competition and DCCAE, Loc Policy in Ireland', should be reviewed. This Satisfactory progress review of the the Market Consumer al review process has begun and will take household waste Protection Authorities, account of a number of initiatives, such as collection market, Commission NWCPO the European circular economy waste and including a report by plastics legislation frameworks and the the Competition and reports from the CCPC and the Price Consumer Protection Monitoring Group. This process will inform Commission, will be the development of future national waste carried out in 2016, as management policy, including our part of the proposed environmental goals, regulatory and market overall mid-term structures, and policy instruments and tools. review of the implementation of this policy statement, unless circumstances of a failure to meet obligations under the 2013 Landfill Directive, or the emergence of other more immediate serious market or regulatory failures, require an earlier intervention. The performance of the household waste collection industry in contributing to the achievement of the policy statement’s objectives will be a central element of the review.
18 The contribution of Compliance DCCAE Waste In 2014, a review of the Producer Satisfactory
industry and business and Industry, PRI Responsibility Initiative Model in Ireland was Progress
to meeting their Enforcement Compliance completed; its purpose was to assess the
obligations as Schemes, nature and level of the challenges that were
producers will be Producers expected to arise in the management of
examined as part of various waste streams. Ireland’s compliance
the Review of schemes have operated very successfully
Producer and have enabled Ireland to reach our
Responsibility domestic and EU recycling targets. They
Initiatives currently have also successfully contributed to Ireland
being carried out. meeting our overall environmental goals and
have diverted substantial amounts of waste
from landfill. The review highlighted the need
for improvement in particular waste streams
and in 2017 new compliance schemes
became operational for the End-of-Life
Vehicle system and new structures for tyres
and waste tyres.
19 It is clear that some Compliance DCCAE PRI The review of the Producer Responsibility Satisfactory
producer and Compliance Initiative (PRI) model in Ireland report, Progress
responsibility Enforcement Schemes, published in 2014, contains approximately
schemes have EPA , Local 170 recommendations, some of which were
delivered excellent Authorities cross cutting, while others were specific to
results, but it is now individual waste streams. Decisions on key
time to ensure that all elements of the PRI Review have already
such schemes are been taken regarding the non-application of
properly structured to any new packaging levy, the introduction of
deliver efficiently and a compliance scheme for End of Life
effectively for their Vehicles, new structures for tyres and waste
members and the tyres and the re-introduction of visible fees in
State in changed the Waste Electrical and Electronic
economic Equipment (WEEE) sector.
circumstances; this
will be taken forward In terms of other suggested PRIs in the
under the overall Review, they will not be considered at this
review of producer point in time due to the Proposal for a
responsibility Directive of the European Parliament and of
schemes which has the Council on the reduction of the impact of
been commenced in certain plastic products on the environment.
parallel with the This proposal contains a number of
preparation of this measures, which will directly affect thepolicy statement. It is extended producer responsibility (EPR)
also necessary to landscape across Europe. These measures,
examine how other in conjunction with those outlined in the
industries, not recent amendment to the Waste Framework
currently the subject Directive, which is due to be transposed into
of such schemes, are Irish legislation by 5th July 2020, will
delivering fundamentally alter how our existing EPR
environmental schemes operate.
performance.
Producer The proposed Directive also mandates the
Responsibility introduction of new EPR schemes for wet
Initiatives taken to wipes, balloons, fishing gear and tobacco
comply with products containing plastic filters together
obligations will be with an outright ban on a number of single-
benchmarked against use plastic (SUP) products, including cotton
the environmental buds, plastic cutlery, straws and expanded
performance of the polystyrene cups/containers.
industry in question
on an on-going basis.
20 The environmental Compliance DCCAE EPA, Local In order to reduce the administrative burden Satisfactory progress
regulatory regime and Authorities, on the waste management sector, the
governing the waste Enforcement NWCPO NWCPO has developed an online waste
management sector facility permit and certificate of registration
will be kept under annual reporting system in 2016. This can
ongoing review, in be used as a platform for the consolidation
order to ensure that of waste reporting to reduce multiple
any unnecessary reporting by waste operators. Amended
administrative burden regulations introduced in January 2016
is identified and provided for the public notice of a waste
reduced, while collection permit application to be displayed
maintaining an online as an alternative to a newspaper
appropriate balance notice, reducing the application cost to
with the need for applicants. The NWCPO is currently
effective oversight developing an online application form to
and reporting. further reduce the administrative burden on
applicants and permit holders.
In 2016 the EPA upgraded its online
customer service used by 4,000
Licensees. Already allowing the majority of
regulatory transactions to be completedonline, the upgraded service now provides
real-time electronic dashboards for all
Licensee interactions with the EPA.
21 A focused Working Compliance DCCAE EPA, Local The local government reform largely Satisfactory progress
Group drawn from the and Authorities, overtook this action. The WMPLA and
relevant regulatory Enforcement NTFSO, WERLA structures provide a useful fora for
and other bodies will NWCPO the regulatory authorities to examine
be tasked with opportunities for shared services.
examining
opportunities for See measure 20 for update on services
greater use of shared which either have moved to online or are
and online services, moving to on-line.
with a view to
reporting by The NWCPO developed an online waste
December 2012. facility permit and certificate of registration
annual reporting system in 2016 and now
hosts a waste facilities register online for all
waste authorisations issued by local
authorities.
The NTFSO is currently working on a
proposal to move away from a paper-based
system for the pre-notification of amber list
shipments.
22 All householders will Compliance DCCAE – Householder See 12 above. Satisfactory progress
be required to either and Legislation s
avail of properly Enforcement
authorised waste WMPLA’s
collection services, or – Implementation
be in a position to
demonstrate that they
are managing their
waste in an
environmentally
appropriate manner,
such as through the
use of civic amenity
sites. Appropriate
penalties, including
the application offines, will be provided for in regulations. It is imperative that the majority of householders who comply with the law and manage their waste responsibly do not have to bear the cost of illegal dumping, backyard burning and littering by the non-compliant minority who simply abandon their waste, damaging the environment, adversely affecting our economy, particularly our tourism and agriculture industries, and driving up the costs for the taxpayer. 23 A review of the Compliance DCCAE EPA, Local The Waste Enforcement Review Group Satisfactory progress respective waste and Authorities, completed its work in 2013. The Group regulation and Enforcement Gardaí, recommended the establishment of three enforcement roles of NTFSO, new regional lead authorities to drive the Environmental NWCPO improved performance and greater Protection Agency consistency in waste enforcement. In (Office of October 2015, following an open bidding Environmental process, Cork County Council, Dublin City Enforcement) and Council and Leitrim & Donegal (in a local authorities is combined bid) were selected as the new being initiated and will Waste Enforcement Regional Lead be completed by the Authorities (WERLAs) for the Southern, end of 2013. This will Eastern & Midlands and Connacht/Ulster have a particular regions respectively. The work of the focus on dealing with WERLAs is overseen by the National Waste serious criminal Enforcement Steering Committee (NWESC) offenders and the which includes representatives from a wide
need for more range of regulatory authorities.
intelligence-led and
coordinated multi-
agency enforcement,
aimed at ensuring
targeted, timely and
effective enforcement
outcomes.
24 The establishment of Compliance DCCAE EPA, The establishment of the WERLAs working Satisfactory progress
a team of waste and Gardaí, with the NWESC has created a network of
enforcement officers Enforcement Local regulatory bodies with a link to waste crime
for deployment in Authorities, and positions Ireland in a better position to
cases relating to NTFSO respond to the threat of waste crime with a
serious criminal co-ordinated and strategic response. It
activity will be facilitates more co-ordinated multi agency
prioritised in operations taking place on a regional basis.
consultation with An
Garda Síochána. Each of the three waste regions has
established a multi-agency working group
comprising members of the WERLAs,
NTFSO, AGS, Department of Employment
Affairs and Social Protection, Work Place
Relations and Revenue. The purpose of
these networks is to develop inter-agency
relationships, facilitate knowledge sharing
and organise intelligence led investigations
to improve enforcement efficiencies on
suspected unauthorised waste activity.
25 Decisions in relation Compliance EPA –Licences, As part of the determination of licence Satisfactory progress
to the application of and CoRs applications, the EPA has regard to the
the waste hierarchy in Enforcement waste hierarchy and ensures that relevant
matters of licensing WMPLA’s waste management plan objectives are
and enforcement will – Waste addressed and not conflicted with. This is
be the responsibility Collection and generally set out in inspectors’ reports
of the appropriate Facility Permits, accompanying licence recommended
regulatory authorities CoRs decisions.
on a case by case WERLA’s
basis, and All licences issued by the EPA require
determinations in environmental management programmes to
relation to such be implemented with a set of environmental
matters will take objectives and targets. These must, in turn,account of the Waste review processes on site and identify options
Framework Directive, for, inter alia, prevention, reduction and
EU Commission minimisation of waste.
guidance on the
implementation of the The Regional Waste Management Plans
Directive, national include strategic objectives and actions
policy and regional which led to a consistent approach to
waste management regulation and enforcement. These
plans. objectives and actions are coordinated by
the WERLAs and implemented by Local
Authorities in cooperation with other
stakeholders. This will continue to have a
positive impact in terms of compliance with
the waste hierarchy.
26 The storage and Compliance NTFSO EPA, Local Waste is required to be stored at Satisfactory progress
export of waste and Authorities appropriately permitted or licensed facilities.
material will be strictly Enforcement The environmental compliance of these
policed to ensure that: facilities is audited by the Agency/LA.
• No environmental
damage arises from Waste exports must comply with the
the storage of such relevant procedure for the waste type being
materials prior to shipped –either green list or amber list
export; waste. Inspections and audits are conducted
• Any exports taking at both the port and exporting facilities by
place fully respect the the NTFSO. An inspection plan is prepared
requirements of the on an annual basis with metrics similar to
transfrontier shipment RMCEI plans. A Waste Shipment
regulations, avoiding Inspection Plan is submitted to the
both the European commission every three years.
environmental and The competent authority of destination must
reputational damage grant permission to a notification for amber
which a breach of the list waste before shipments can commence.
regulations would
cause; and The NTFSO also regularly requests
• Exports are authorities in the country of destination to
managed in an verify that a receiving facility is appropriately
environmentally licensed
sound manner in the
country of destination.
27 The National Compliance NTFSO DCCAE, Any objections are considered in the context Satisfactory progressTransfrontier and Local of any relevant, applicable legislation. No Shipment Office, in Enforcement Authorities objections have been made to date. determining if reasoned objections Any potential objections would be made in to shipments of waste consultation with DCCAE to ensure should be made in consistency with national waste policy. accordance with Article 11 of the Waste Shipments Regulation for mixed municipal waste shipments or other waste stream shipments, will have regard to national policy and the Waste Framework Directive, which are focused on maximising the resource which can be extracted from waste material and the development of a sustainable and self- sufficient approach to the management of our waste in accordance with the proximity principle. 28 Enforcement action Compliance EPA, WERLA’s, The enhanced waste enforcement structures Satisfactory progress will be taken to and DCCAE incorporate an Industry Contact Group to the ensure that specific Enforcement NWESC which is represented by the waste streams dealt relevant compliance schemes from the with under the various PRI streams. This approach affords Producer key stakeholders the opportunity to engage Responsibility on key issues. Initiative model are managed in a manner The National Waste Enforcement Steering that ensures that Group sets national priorities annually which Ireland’s obligations can include PRI schemes. LAs also plan for are delivered. PRI enforcement through their RMCEI
process annually.
Compliance Schemes across all waste
streams have been issued with enhanced
approvals on foot of a recommendation in
the PRI Review Report. These approvals
place obligations on the Schemes to submit
Annual Reports and Accounts to the Minister
to demonstrate that they are discharging
their responsibilities in a satisfactory
manner.
EPA carries out inspections and audits of
obligated parties under the WEEE and
Batteries Regulations. 1 There is a strong
emphasis on assisting with compliance
through guidance and following up on
inspection findings. In addition thirteen
prosecutions have been taken by EPA in this
area since 2006. EPA has also worked
jointly with Local Authorities on guidance
documents for implementation of the 2014
WEEE and Batteries Regulations.
Enforcement updates are published regularly
on the EPA website.
(www.epa.ie/enforcement/weee/)
29 In consultation with Compliance DCCAE EPA, Local The Environment (Miscellaneous Provisions) Satisfactory progress
enforcement and Authorities Act 2015 introduced amendments which are
authorities, a review Enforcement related to enforcement and strengthened the
of the range, level and enforcement regime. The legislation
application of provides for the introduction of a number of
penalties for breaches Fixed Payment Notices (FPN) or on the spot
of waste management fines. Where applicable the FPN approach is
legislation is now being used on the basis that the punishment
being initiated; this for a minor offence by a €500 fine is swift
1
European Union (Waste Electrical and Electronic Equipment) Regulations 2014 (SI No. 149 of 2014) and European Union (Batteries and Accumulators) Regulations 2014 (SI No. 283 of 2014,
as amended by SI No. 349 of 2014)will be completed by and proportionate and should not require a
December 2013. court appearance which takes up valuable
local authority enforcement and Court
resources. Other, more serious breaches are
not suitable for FPN and will remain as
indictable offences.
The WERLA’s have issued guidance on the
use of FPN’s with regard to waste collection
permit offences (which was legally proofed).
Guidance on PRI FPN’s has been developed
and is currently being proofed by WERLA
law agents.
30 The Environmental Prevention EPA DCCAE The current National Waste Prevention Satisfactory progress
Protection Agency, as programme is titled Towards a Resource
part of its review and Efficient Ireland. All activities underway in
renewal of the this programme are focused on resource
National Waste efficiency and delivered in conjunction with
Prevention public & private sector partners. Annual
Programme by the reports for the programme are available at
end of 2013, will be www.nwpp.ie. A mid-term review of the
requested to focus on programme took place in 2018 to ensure the
resource efficiency, measures would continue to keep pace with
prevention and reuse policy developments around transitioning to
and the development a circular economy.
of coordinated
approaches with other
State agencies.
31 Local authorities will Prevention WMPLA’s, It is a key priority of the Waste Management Satisfactory progress
be required to Local Authorities Plans to prioritise waste prevention through
prioritise waste behavioural change activities to decouple
prevention both in the economic growth and resource use. This is
development of new underpinned by a number of policy actions
regional waste and targets which are being implemented
management plans through the lifetime of the plans in
and in the partnership with all stakeholders.
implementation of
measures with local The regional waste plans contain a
business and commitment (estimated at 15c/inhabitant) to
community groups, ensure ongoing financial allocation in annual
such as the promotion budgets for waste prevention related
of smart shopping and activities over and above staff costs and anypurchasing to grant aid.
eliminate waste
generation and The Waste Prevention pilot Demonstration
unnecessary costs. Programme ran from 2006 to 2009. The
Local Authority Prevention Network (LAPN)
All local authorities,
has been operating since 2009. The
whether acting alone
or in groupings, will initiatives carried out by local authorities
be expected to under the LAPN through grant-aid from the
participate in the National Waste Prevention Programme have
Local Authority Waste covered many policy areas such as food
Prevention waste prevention, hazardous waste
Demonstration prevention, reuse and repair activities,
Programme, which
greening
provides the skills to
develop waste households/schools/businesses/festivals &
prevention within local events and single use product prevention
communities. (coffee cups, plastic bottles).
Examples of this can
be seen in the work to Resources and information are available on
date which has https://localprevention.ie/ and
included the https://greenyourfestival.ie/
development of waste
prevention guides for All local authorities have participated to date
farmers, publicans and in 2019, 24 local authorities were funded
and leisure centres.
to work on 48 initiatives.
See
http://www.epa.ie/waste/nwpp/lapreventionn
etwork/ for further details.
32 Ireland will work at a Prevention DCCAE EPA, PRI The EU Circular Economy Action Plan was Satisfactory progress
European level to Compliance published in December 2015 and includes a
secure EU-wide Schemes number of actions to support for a transition
engagement with to a circular economy; in particular the Plan
large scale proposes using the Eco-design directive to
international ensure circular economy features are
producers in relation included in future product requirements.
to product design. Responsibility in Ireland for the Eco-design
Well designed Directive rests with the Department of Jobs,products and Enterprise and Innovation (DJEI). DCCAE is packaging can working with DJEI to ensure Ireland is provide an extended prepared to capitalise on the provisions of operational life, while the Action Plan. also reducing the impact on the consumer and the environment through the elimination of excess materials which place additional burdens on the environment, through, for example, the use of additional fuel to transport heavier goods, and on the consumer, who has to manage and pay for additional waste. 33 All current and future Prevention DCCAE All Compliance Schemes have been issued Satisfactory progress producer with enhanced approvals and all Schemes responsibility have signed up to a bespoke Code of schemes will be Corporate Governance in accordance with required, as part of the recommendations of the PRI Review the conditions of their report. approval, to formulate, implement and demonstrate significant waste prevention and re-use initiatives for their particular waste streams. 34 The rate of the Plastic Prevention DCCAE The estimated annual usage of leviable Satisfactory progress Bag Levy will be kept plastic bags (calculated from population and under review to levy revenue) is trending downwards from 27 ensure the dissuasive per capita in 2008 to less than 10 per capita effect of the levy as in 2018. It should be noted that the an economic estimated usage prior to the introduction of instrument is the levy in 2002 was over 300 bags per
maintained. person per annum. This demonstrates the
success of the levy in reducing the usage of
plastic bags. The levy rate is under constant
review and an increase from 22c to 25c has
recently been proposed. This, along with the
introduction of other new environmental
levies, is currently the subject of a public
consultation phase which will conclude at
end 2019.
35 The use of economic Prevention DCCAE EPA Ireland has imposed a landfill levy rate of Satisfactory progress
instruments in a €75 per tonne on the landfill of waste since 1
progressive manner July 2013 in order to stimulate recycling and
to drive resource increase diversion from landfill.
efficiency is being
considered in the Following on from a review of the
context of the review Environment Fund, the Department of
of producer Communications, Climate Action and
responsibility, having Environment is currently seeking views in
regard to the relation to the proposed introduction of a
environmental range of environmental levies. Proposals
performance of include a coffee cup levy, a waste recovery
producers. The levy and increases to the existing plastic bag
existence and and landfill levies. The proposed increase to
application of the Landfill Levy would increase the levy to
economic instruments €80 per tonne. A new Waste Recovery Levy
will be further of €5 per tonne has also been proposed.
examined as part of These proposals are currently the subject of
the monitoring of the a public consultation phase which will
implementation of the conclude at the end of 2019.
Waste Framework
Directive to support 26% of managed municipal waste (by
the management of weight) was sent to landfill in 2016
waste in accordance compared to 41% in 2012 and 92% in 1995.
with the waste Furthermore, 74% of managed municipal
hierarchy. waste was recovered in 2016 (compared to
59% in 2012). Significantly more residual
waste is now used as a fuel (energy
recovery) than disposed to landfill. Further
information is available at
http://www.epa.ie/nationalwastestatistics/municipal/
New waste management targets agreed by
the European Council include a provision
that Member States shall take the necessary
measures to ensure that by 2035 the amount
of municipal waste landfilled is reduced to
10% or less of the total amount of municipal
waste generated (by weight). Furthermore,
recycling rates of 55%, 60% and 65% of
municipal waste (by weight) must be
achieved by 2025, 2030 and 2035
respectively.
36 The areas of reuse Reuse EPA DCCAE, The National Waste Prevention Programme Satisfactory progress
and opportunities for DCCAE Local was reviewed in 2018 and is now being
preparation for reuse Authorities, restructured to ensure alignment to circular
will be encouraged PRI economy priorities - including promotion of
and promoted through Compliance reuse activities. EPA continues to support
the renewed National Schemes the work of the Community Reuse Network
Waste Prevention Ireland (CRNI) in providing leadership and
Programme, the promotion for reuse businesses across the
environmental country. The CRNI is currently finalising and
awareness work of testing a quality mark for the reuse sector -
local authorities, the developed through EPA-funding. This
Producer initiative provides customers considering
Responsibility purchase of second-life items with the
Initiative compliance reassurance of a recognised quality
schemes and the standard. During 2018, EPA entered into a
enterprise support partnership arrangement with the
agencies. This will Rediscovery centre in Ballymun, Dublin with
build on existing a view to continuing its support of the centre
examples of reuse and also to develop its strategic positioning
websites such as to become Ireland’s National Centre on
SMILE and Freetrade Reuse. Activities at the rediscovery centre
Ireland, which are aimed at a wide range of audiences
facilitate the reuse of including school groups and families with a
unwanted goods strong emphasis on demonstration of good
between businesses practices. This agreement will be in place for
and between an initial three year period. The FreeTrade
members of the Ireland website continues to perform well
public. and provides a user-friendly platformYou can also read