Ann Phelan (Carlow-Kilkenny, Labour) | Oireachtas source

I move amendment No. 13:

In page 28, between lines 25 and 26, to insert the following:

“Amendment of section 34 of Act of 1996

35. Section 34 of the Act of 1996 is amended by—(a) in subsection (1)—

(i) in paragraph (a), the substitution of “collect or transport waste” for “collect waste”,

(ii) in paragraph (aa), the substitution of “the functions under this section or section 34A in relation to waste collection permits or review of waste collection permits” for “the functions under this section in relation to waste collection permits”, and

(iii) in paragraph (b)—

(I) the substitution of “collection or transport of waste” for “collection of any class or classes of waste”, and

(II) the substitution of “collection or transport” for “collection” in the next 2 places where it occurs,

(b) the insertion of the following subsection after subsection (1):

“(1A) In this section—

‘waste’ means different waste, including household waste, or a class or classes of waste as may be prescribed;

‘household waste’ means different household waste or a class or classes of household waste as may be prescribed.”,

(c) in subsection (2)(a), the substitution of “collection or transport of hazardous waste” for “collection of hazardous waste”,

(d) the substitution of the following subsection for subsection (4):

“(4) A local authority shall not grant a waste collection permit unless it is satisfied that—

(a) the applicant is a fit and proper person within the meaning of section 34D to hold a waste collection permit, and

(b) the activity concerned would not, if carried on in accordance with such conditions as may be attached to the permit, cause environmental pollution, and that the grant of the permit is consistent with the objectives of the relevant waste management plan or the hazardous waste management plan, as the case may be, and the implementation of that plan.”,

(e) in subsection (5)(a)—

(i) the substitution of “(3) and (4)” for “(3), (4) and (6)”, and

(ii) the insertion of “under section 34A” after “may be revoked”,

(f) the deletion of subsection (6),

(g) the substitution of the following subsection for subsection (7):

“(7) (a) Conditions attached to a waste collection permit shall specify the requirements to be complied with by the holder of the permit (‘permit holder’) in respect of the activities to which the permit relates (‘activities concerned’).

(b) Conditions may, or, if the Minister so prescribes under paragraph (e) or subsection (11)(b)(v), shall be attached under paragraph (a) to a waste collection permit specifying requirements in relation to the following:

(i) weighing of household waste collected or transported;

(ii) reporting of the weight of household waste collected or transported to the person who presents the household waste for collection being either the original waste producer or, as the case may be, the person who arranges, on behalf of more than one original waste producer occupying apartments, duplexes, maisonettes or any combination of such dwellings for collection of their waste (‘person who presents household waste for collection’);

(iii) subject to paragraph (f)(i) and (ii), charging of fees for household waste collection or transport services;

(iv) in relation to collection of household waste, preparing and publishing a customer charter and its form and content;

(v) providing information to the person who presents household waste for collection that identifies the vehicle used for that collection;

(vi) requiring that waste is segregated before it can be collected or transported;

(vii) providing separate receptacles for different household waste;

(viii) collection or transport of different household waste at specified frequencies;

(ix) with regard to persons from whom household waste is collected by an authorised waste collector, providing the following information to the local authority, when requested to do so under section 18, regarding collections of household waste from those persons—

(I) details of the collection of separate classes of household waste,

(II) details of persons who choose not to partake in the collection of separate classes of household waste,

(III) details of when household waste was last collected, and

(IV) written confirmation of the structure of the fees being charged to the person from whom the waste is collected, including, where appropriate, billing information which indicates the pay by weight charge element of the fees charged for the collection of household waste.

(c) Conditions may, or if the Minister so prescribes under paragraph (e) or subsection (11)(b)(v), shall also be attached under paragraph (a) to a waste collection permit specifying requirements in relation to the following:

(i) waste which may be collected;

(ii) separate collection of waste;

(iii) prohibition of certain practices by a permit holder in order that waste which has been segregated prior to collection or transport does not become unsuitable for recycling or recovery;

(iv) the place to which waste is required to be delivered for preparation for reuse, recovery or disposal;

(v) methods, receptacles (including skips and skip bags) and vehicles to be employed by a permit holder in the collection or transport of waste, including requirements regarding dimensions of receptacles, care and disposal of the contents of the receptacles, the periods during which receptacles may be left in a public place, the locations from which different receptacles may be collected, the supervision by the permit holder of their use and the restriction to such persons as may be prescribed of the placing in or removal from any place of receptacles;

(vi) the display of identifying marks or colours on a receptacle or vehicle referred to in subparagraph (v);

(vii) complying with technical, environmental, inspection or safety measures or standards (including standards regarding the presentation, segregation, weighing, packaging or labelling of waste);

(viii) keeping and preserving of records and supplying information to the local authority, or any other person as may be prescribed, in relation to the activities concerned;

(ix) effecting and maintaining a policy of insurance insuring the permit holder as respects any liability on his or her part to pay damages or costs on account of injury to a person or property arising from the activities concerned;

(x) matters consequent on measures that may be taken under section 35;

(xi) matters consequent on measures that may be taken under Part II;

(xii) matters consequent on giving effect to Community Acts;

(xiii) information to be furnished to customers (including providing information to customers on the presentation, segregation, packaging or labelling of waste or the charges payable for its collection or transport);

(xiv) matters consequent on the implementation and demonstration of the implementation of the waste hierarchy referred to in section 21A;

(xv) undergoing specified training in relation to the activities concerned;

(xvi) inspecting and acceptance of waste by a permit holder;

(xvii) effecting and maintaining an environmental management system, within the meaning of section 27, in respect of the activities concerned;

(xviii) the hours between which waste concerned may be collected in specified areas;

(xix) effecting and maintaining a customer complaint management system;

(xx) preventing the occurrence of littering from vehicles in the course of the activities concerned;

(xxi) having information, in such form as may be specified in a waste collection permit, to accompany and be carried in the vehicle transporting the waste;

(xxii) as respects contamination that may be caused by the incorrect separation of household waste from other waste in receptacles for segregated household waste—

(I) monitoring by a permit holder of levels of contamination,

(II) recording and maintaining specified data on levels of contamination,

(III) training to be provided for staff of a permit holder in relation to monitoring contamination, or

(IV) protocols and procedures where contamination is detected by the collector, including for informing the person who presents household waste for collection or non-collection of the receptacle.

(d) Conditions shall be attached under paragraph (a) to a waste collection permit specifying requirements in relation to the following:

(i) collection only of a European Waste Catalogue waste type specified on the waste collection permit;

(ii) deposit of waste only at a facility specified on the waste collection permit;

(iii) use only of a vehicle specified on the waste collection permit for the collection of waste;

(iv) carrying of a copy, in a form specified in the permit, of the waste collection permit on each vehicle;

(v) display of the permit holder name or number on promotional material, vehicles, skips, receptacles or bags of the permit holder;

(vi) submission of specified information on a periodic basis to the local authority in such form and at such frequency as may be specified on the waste collection permit;

(vii) where a weighing system is used to determine weight-based collection charges, submission of confirmation of an annual inspection of the weighing system used by the permit holder in accordance with the Legal Metrology (General) Regulations 2008 (S.I. No. 323 of 2008), in such form that may be specified on the waste collection permit.

(e) The Minister, where he or she considers that it is necessary for waste management in accordance with the principle that the costs of that management shall be borne by the original waste producer or by the current or previous waste holders, shall make regulations prescribing a requirement for attachment of a condition to a waste collection permit that a permit holder shall charge fees for the collection or transport of household waste.

(f) Regulations under paragraph (e) shall provide for the means by which fees for collection or transport of household waste shall be calculated by a permit holder and shall require a permit holder to—

(i) charge a fee for each kilogramme of household waste collected or transported which fee shall only be calculated by reference to weight of household waste collected and transported, and for the avoidance of doubt, methods of calculation of a fee based on pay by lift or throw, tags or a flat-rate shall not be considered to be calculated by reference to weight of waste collected,

(ii) charge a service fee, as considered appropriate by the permit holder (including a nil fee), in addition to the fee referred to in subparagraph (i),

(iii) demonstrate by prescribed means if the fees charged for collection or transport of waste incentivise household waste prevention and household waste segregation, and

(iv) furnish to an authorised person, information in a prescribed form, regarding the billing system used by the permit holder in respect of fees referred to under subparagraph (i) or (ii).

(g) (i) For the purposes of paragraph (f)(i), the Minister shall prescribe the minimum amount of the fee required to be charged for each kilogramme of household waste collected or transported and that minimum fee shall be based on the approximate cost per kilogramme of managing segregated household waste, including its collection from the person who presented that waste for collection, its delivery to an authorised facility by a permit holder and its final treatment, which in any event shall not exceed an amount of 30 cent per kilogramme of household waste.

(ii) The Minister shall review the costs of managing household waste, on which the minimum charges prescribed under subparagraph (i) are based, at least every 12 months and may amend the amount of the fee prescribed under subparagraph (i).

(iii) The Minister following a review under subparagraph (ii), once and only once in each financial year beginning in the financial year that he or she first prescribes under subparagraph (i), may substitute for the amount of the fee prescribed under subparagraph (i), an amount which does not exceed the amount so prescribed by 5 cent.”,

(h) in subsection (8)(b)—

(i) in subparagraph (i), the deletion of “, or amend any conditions that it has attached to,”,

(ii) in subparagraph (ii), the deletion of “, or revoke,” and

(iii) the deletion of “or its holder, as the case may be,”,

(i) in subsection (9)—

(i) in paragraph (a), the deletion of “, or the holder of,”, and

(ii) in paragraph (b), the deletion of—

(I) “or revocation”, and

(II) “or the amendment of conditions attached to such a permit”,

(j) the insertion of the following subsection after subsection (10):

“(10A) A person who, under this section furnishes information to a local authority which is to his or her knowledge false or in a material respect misleading, shall be guilty of an offence.”,

and

(k) in subsection (11)(b)—

(i) the insertion of the following subparagraph after subparagraph (i):

“(ia) prescribing a class or classes of waste or household waste for purposes of a waste collection permit or conditions that may or shall be attached to that permit, including by reference to the nature or quantity of the waste, its presentation for collection or whether it is to be segregated;”,

(ii) the substitution of the following subparagraph for subparagraph (v):

“(v) requiring a local authority to attach specified conditions to a permit, including a condition referred to in subsection (7)(b) or (c);”,

(iii) the insertion of the following subparagraph after subparagraph (vi):

“(via) for the purposes of subsection (7), prescribing any matter referred to in that subsection as prescribed or to be prescribed;”,

(iv) the deletion of subparagraph (vii),

(v) in subparagraph (x), the substitution of “application;” for “application.”, and

(vi) the insertion of the following subparagraph after subparagraph (x):

“(xi) such incidental, supplementary and consequential matters as appear to the Minister to be necessary or expedient for the purposes of this section and the regulations.”.”.

This group of amendments provides for a reform of our system of household waste collection and for introducing new operating conditions for kerbside collection of household waste. The amendments also provide for further strengthening of the waste permitting system. Amendment No. 13 inserts a new section 35 into the Bill, providing for significant amendment of section 34 of the Waste Management Act in regard to waste collection permits. It provides for the introduction of the core new permit conditions for collectors of household waste. This is a critical new provision in the Government's new regulatory passage for household waste collection.

The key new requirements are the obligation for all collectors on a "pay by weight" basis for all bin types, with charging on a "pay by throw" or flat rate basis specifically precluded; to charge on a basis that encourages the segregation of household waste and discourages the mixing of recyclable waste with residual or organic waste; the requirement to provide a three bin service in line with the requirements of the Household Food Waste Regulations 2013 and collect at certain minimum frequencies; and the requirement for collectors to maintain a database of customers and a mandatory customer charter. The obligations on collectors are set out clearly under subparagraphs 7(b) and 7(e) and the section also provides for a legal basis for the Minister to set a minimum per kilogramme charge for each of the three bins - residual, recyclate and organic. It also specifies that in order to operate a waste collection permit, the applicant must be a fit and proper person. The criteria for the fit and proper person's test is set out in a new section 34D.

Amendment No. 14 inserts a new section 36 in the Bill. This section provides for the introduction of the new section 34 into the Waste Management Act. The new section 34A sets out a new process for the review of waste collection permits. It provides an explicit new power for a local authority to review an existing waste collection permit, not just at the permit holder's request, but at any time, particularly where the local authority believes the permit holder has breached or is breaching a condition of his permit. Certain more serious breaches spark the review process after just one offence, while the less serious offences prompt the review process after three breaches. This is the so-called "three strike-one strike" approach which will add considerably to the armoury of the local authority waste enforcement system in tackling the incidence of inadequate performance by waste collectors.

Amendment No. 15 introduces a new section 37 to the Bill providing for the insertion of three further new sections, 34B, 34C and 34D, into the Waste Management Act. The new section 34B relates to the transfer of a waste collection permit. This section sets out the process for the transfer of a waste collection permit from one operator to another. Where an existing operator intends to transfer the collection permit to another person, the two parties are required to make a joint application to the local authority. If the application is successful, all liabilities, requirements and obligations held by the first original permit holder transfer to the new holder. The detail of the application process, including the application form, the information to be submitted with the application, the means by which the application is to be made available for public inspection etc. will be prescribed by the Minister in regulations under this section.

Section 34C, information required by authorised persons or a nominated authority, sets out the obligations collectors will have in regard to maintaining a database of their customers. It provides that local authorities may seek information from collectors on households so that local authorities in turn can build up a register of households that are signed up for collection services. Under later sections, they will be able to add to that register the households that do not use a kerbside collection service but avail of civic amenity sites or pay to use compactors, PTUs, or who bring their waste directly to a landfill. The composite register can then be used by the local authorities to target their enforcement activities towards those households that are not on the register who are implicitly not using any of the above services.

Like the new section 34A, section 34D will be an important means of driving compliance and further professionalising the collection industry. It provides a statutory footing for a fit and proper person's test. As set out, section 34 provides that a local authority may only grant a permit to a fit and proper person. Section 34D then details the fit and proper person's test, providing that a person can only be considered to be fit and proper where neither they nor anyone employed by them has committed any indictable offence under the Waste Management Act, the Air Pollution Act, the Local Government Water Pollution Acts or EPA Acts. Similarly, to pass the fit and proper person's test, the applicant and any employee cannot have committed certain summary offences under the Waste Management Act. In addition, the permit holder must satisfy the local authority that they have the requisite technical knowledge or qualifications to carry on the activity in accordance with the requirements of the Act. They must also be in a position to meet any financial commitments or liabilities in the event of ceasing to trade and they cannot be considered a fit and proper person if they have had a permit revoked at any time in the past.

Amendment No. 18 introduces a new section 40 to the Bill, providing for the amendment of section 50 of the Waste Management Act in regard to fees. As the Act stands, a local authority may only charge a fee for an application for the grant of a waste collection permit. The amended section will allow a local authority to charge an applicant in respect of an application for a review or transfer of a collection permit, as well as an initial application for a grant of a permit.

Amendment No. 19 inserts a new section 41 into the Bill. Section 41 then inserts a new transitional and saving section 77 into the Waste Management Act to provide that any applications for waste collection permits, authorisations or licences that are made, may not be determined before commencement of the new arrangements, which will be dealt with under the existing framework.

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