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 with
relevant 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 Management
waste 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 the
allowed 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 collection
days’ 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 the
required 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 provide
An 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 with
relevant 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 Protection
with 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 the
policy 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 completed
online, 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 of
fines, 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 progress
Transfrontier 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 any
purchasing 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/mu
nicipal/ 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 platform
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