Management of Waste from Extractive Industries Regulations 2009
The Waste Management (Management of Waste from the Extractive Industries) Regulations 2009 (S.I. 566 of 2009) impose certain obligations on those responsible for the management of extractive waste i.e. waste resulting from the prospecting, extraction, treatment and storage of mineral resources and the working of quarries.
The Regulations cover three types of facility:
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Category A waste facilities, i.e. facilities that present a major risk or contain hazardous waste/dangerous substances above a certain threshold.
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Non-hazardous, non-inert waste facilities, i.e. facilities that contain potentially dangerous waste material and so could represent a risk to the environment.
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Non-polluting inert facilities, i.e. facilities that contain northing else but inert and unpolluted soils and pose effectively no environmental risks.
Facility operators are to take the necessary measures to ensure that extractive waste is managed without endangering human health and without using processes or methods which could harm the environment.
Facility operators are to draw up an Extractive Waste Management Plan (WMP) for the minimisation, treatment, recovery and disposal or extractive waste. The competent authority shall approve the Extractive WMP and monitor its implementation. The EPA is the competent authority for the management of waste from extractive industries at Category A waste facilities. The Local Authority is the competent authority for all non-category A facilities, other than those already licenced or licencable by the EPA.
Licencing/permitting requirements: see below.
The licencing/permitting requirements for each type of facility include:
Category A facilities are required to have an Extractive Waste Licence granted by the EPA in relation to the management of the waste from its extractive operations. The existing Waste Licence or IPPC Licence of currently operating facilities is deemed to be a licence under these Regulations, until it is reviewed by the competent authority. The EPA is responsible also for the licencing system for new facilities.
Non-hazardous non-inert waste facilities require a permit from the Local Authority. Sites holding a current waste facility permit are deemed to be in compliance with the Regulations but are required to be registered by the Local Authority by 31st December 2010. Existing permits will be reviewed by the Local Authority, which is to be carried out in tandem with a new waste facility permit category to commence on 1st January 2011.
Non-polluting inert facilities do not require authorisation by way of licence or permit but have other requirements, such as the preparation of a Waste Management Plan.
The following extractive waste types are not subject to licencing or permitting requirements, unless deposited in a Category A facility:
- Inert waste and unpolluted soil resulting from the prospecting, extraction, treatment ands storage of mineral resources.
- Inert waste and unpolluted soil resulting from the working of quarries.
- Waste resulting from the extraction, treatment and storage of peat.
As part of the Waste Management services offered by McCarthy Keville O’Sullivan, our staff can liaise with existing and proposed Waste Licence and Waste Permit holders to discuss your obligations under the Extractive Waste Regulations. Please contact our office for more details.