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Waste

Under Waste Management legislation we all have a responsibility to ensure our waste is being managed correctly.

The Law

Waste Management Act 1996 as amended

It should be noted that the Waste Management Act 1996 places the responsibility on the original waste producer, or waste holder, to transfer waste only to an appropriate person, an appropriate person in this instance being a Local Authority and/or a person with a valid Waste Collection Permit.

 

General duty of a holder of waste.

32.—(1) A person shall not—

(a) cause or facilitate the abandonment, dumping or unauthorised management or treatment of waste, or

(b) hold, transport, recover or dispose of waste, or treat waste, in a manner that causes or is likely to cause environmental pollution.

(1A)(a) It shall be the responsibility of the original waste producer or other waste holder to carry out the treatment of waste himself or herself or have the treatment handled by a dealer or an establishment or undertaking which carries out waste treatment operations or arranged by a private or public waste collector in accordance with section 21A and subsection (1).

(b) The Agency, the local authorities and Dublin City Council shall take the necessary measures to ensure that, within their territory or area of responsibility, the establishments or undertakings which collect or transport waste on a professional basis deliver the waste collected and transported to appropriate treatment installations in accordance with subsection (1).

(2) A person shall not, save in such circumstances as may be specified under subsection (4), transfer the control of waste to any person other than an appropriate person.

(2A)(a) When the waste is transferred from the original waste producer or waste holder to an appropriate person for preliminary treatment, the responsibility for carrying out a complete recovery or disposal operation shall not be discharged as a general rule.

 

Offences under the Waste Management Act 1996 as amended can incur a fine up to €5,000 or 12 months imprisonment or both.

  

The Segregation, Storage and Presentation of Household and Commercial Waste Bye-Laws 2019 require householders and businesses to:

Ø  Segregate waste

Ø  Use an authorised waste collection service or take waste directly to authorised facility

Ø  Store waste in appropriate receptacles,

Ø  Bins cannot be stored on any roadway, footway, footpath or public place except for bin collection

Ø  Bins can only be presented for collection from 8:00pm on the day before collection and must be removed no later than 8:00am the day after collection,

Ø  Maintain receipts of disposal

Ø  Proof of receipts can be requested by authorised persons.

 

The Byelaws introduce fines of €75 for contravention of the Byelaws.

 Link To Bye-Laws

Adopted-Segregation,-Storage-and-Presentation-of-Houshold-&-Commercial-Waste-Bye-Laws-2019.pdf (size 2.7 MB)

As-Gaeilge--Bye-Laws,-2020.pdf (size 1 MB)