Catherine Murphy (Kildare North, Independent)
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Question 370: To ask the Minister for the Environment, Community and Local Government if the certificates of registration, permits and licences available under Statutory Instrument 821 of 2007 to facilities who wish to engage in waste transfer, storage, treatment or collection is in all cases granted only once animal by-product approval has been granted from the Department of Agriculture, Food and the Marine to the applicant in question; if not, if he will clarify the processes involved in the licensing regime; and if he will make a statement on the matter. [30287/12]

Catherine Murphy (Kildare North, Independent)
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Question 376: To ask the Minister for the Environment, Community and Local Government if he will confirm that waste certificates of registration and waste permits issued by local authorities under Statutory Instrument 821 of 2007 may also include animal by-product approval as part of the issuing process; if so, if he will outline the role of the Department of Agriculture, Food and the Marine in facilitating this arrangement; if he will provide a list detailing, by local authority, instances in which animal by product approval has been granted as part of the awarding of waste certificates of registration and waste permits; and if he will make a statement on the matter. [30350/12]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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I propose to take Questions Nos. 370 and 376 together.

Premises involved in the treatment of animal by-products are subject to an approval process overseen by the Department of Agriculture, Food and the Marine. The primary purpose of the waste facility permitting and registration system is to facilitate appropriate controls on waste facilities and activities so as to ensure good and consistent waste management practice and the implementation of high standards of environmental protection. The waste and animal by-products statutory permitting mechanisms are distinct processes with no formal sequencing. This reflects the fact that a waste permit or licence may allow several activities, some of which may not be relevant to the treatment of animal by-products. I understand that it can be preferable from the waste facility operator's perspective that such a distinction exists, as, for example, an operator may wish to phase the introduction of different waste treatment operations.

Under the Waste Management (Facility Permit and Registration) Regulations 2007, a local authority is required to engage with the Department of Agriculture, Food and the Marine in a number of circumstances. These requirements include:

· When a local authority considers that a valid waste facility permit application has been received, and where the application is concerned with the composting of animal by-products, the local authority is required to notify the Minister for Agriculture, Food and the Marine within 5 working days, and include a copy of the application.

· When a waste facility permit is issued which involves the biological treatment of animal by-products, the local authority is required to notify the Minister for Agriculture, Food and the Marine and include a copy of the permit.

· A local authority, when making a clerical or technical amendment to a waste facility permit, is required to notify particulars of the amendment involved to the Minister for Agriculture, Food and the Marine in a case where the waste facility permit is concerned with the treatment of animal by-products.

· Where a waste facility permit which involves the treatment of animal by-products has been reviewed, the local authority concerned is required to notify the Minister for Agriculture, Food and the Marine and include a copy of the reviewed permit.

· In the case of an activity involving the biological treatment of animal by-products and where a certificate of registration has been granted, refused, revoked or surrendered, the local authority is required to notify the Minister for Agriculture, Food and the Marine of such a decision.

In addition, an application for a waste facility permit is required to contain, in the case of an application which involves the biological treatment of animal by-products, details of any application made to the Minister for Agriculture, Food and the Marine for a veterinary authorisation for the facility.

As specified in the 2007 Regulations, composting facilities are also subject to a number of other regulatory requirements, including under the European Communities (Transmissible Spongiform Encephalopathies and Animal By-Products) Regulations 2008 and the Diseases of Animals Act 1966 (Transmissible Spongiform Encephalopathies) (Fertilizers and Soil Improvers) Order 2008. Queries concerning the instances in which waste facilities are permitted to treat animal by-products should be directed to individual regulating authorities, that is the Environmental Protection Agency and local authorities. I understand that the Department of Agriculture, Food and the Marine also maintains a database of approved premises and registered hauliers; this database is available for inspection on that Department's website, www.agriculture.gov.ie.