COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF ENVIRONMENT SPC
Monday, February 06, 2012
HEADED ITEM NO.
HEADED ITEM: S. O'Brien
Item 3. Waste Byelaws Review Progress Report
REPLY:
DRAFT 20l2
COMHAIRLE CONTAE ATHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
SOUTH DUBLIN COUNTY COUNCIL HOUSEHOLD WASTE BYE-LAWS 20l2
South Dublin County Council, in exercise of the powers conferred on it by Section 35 of the Waste Management Act, 1996 and in accordance with Part 19 of the Local Government Act 2001 hereby makes the following bye-laws relation to segregation, storage, presentation and collection of household waste and certain ancillary, consequential and related waste management matters.
WASTE BYELAWS
PART I
1. TITLE
These Bye-Laws may be cited as the South Dublin County Council Household Waste Bye-Laws 20l2.
2. CITATION AND COMMENCMENT
The Bye-Laws known as South Dublin County Council Storage Presentation and Collection of Household Waste Bye-Laws 2007 will be repealed in full from the date of coming into force of these bye-laws.
3. INTERPRETATION
Throughout the Bye-Laws, unless the context otherwise requires, the following words and expressions have the meaning hereafter respectively assigned to them, that is to say:-
(1) ‘Apartment’ means a self-contained dwelling unit in a building or campus that comprises a number of such units.
(2) ‘Approved Bring Centre’ is a location provided by or authorized by the Council for the reception of specified recyclable materials.
(3) ‘Appropriate Waste Container’ means a Waste Container/Receptacle with a lid provided by an authorised Waste Company for the collection of the appropriate fraction of waste i.e. dry recyclable waste, organic waste or residual waste.
(4) ‘Authorisation Label’ means a label supplied by an authorized waste collector from time to time for attachment to an Appropriate Waste Container.
(5) ‘Authorised Person’ means a person who is authorised in writing by South Dublin County Council for the purpose of Section 204 of the Local Government Act, 2001 or a member of An Garda Siochana.
(6) ‘Authorised Waste Collector’ means a waste collector who is the current holder of a permit that is in force under the Waste Management (Collection Permit) Regulations 2001 as amended, which permits the said collector to collect household waste.
(7) ’Bring Banks’ are material specific receptacles to which members of the public can bring recyclable waste materials such as glass and cans for subsequent delivery for recovery to Authorised Waste Facilities.
(8) ’Bulky Waste” means heavy waste materials including furniture, carpets and rubble.
(9) ‘Designated Collection Day’ means such day or days of the week as may be fixed from time to time by an authorised waste collector for the collection of waste from household premises.
(10) ‘Designated Collection Time’ means such hours of the day between 07.00 hrs and 21.00 hrs. on designated collection days.
(11) ’Door to Door Collection Service’ means a separated at source household waste collection service which is provided by an authorised waste collector. It includes a service to households where Appropriate Waste Containers are provided on an individual, communal or group basis.
(12) ‘Dry Recyclable Waste’ means non-organic waste specified by the authorised waste collector and agreed by South Dublin County Council or as suitable for collection for recycling and recovery operations. (As defined in the First Schedule hereto).
(13) ‘Environmental Pollution’ means, in relation to waste, the holding, transport, recovery or disposal of waste in a manner which would endanger human health or harm the environment, and in particular -
(a) create a risk to waters, the atmosphere, land, soil, plants or animals,
(b) create a nuisance through noise, odours or litter, or
(c) adversely affect the countryside or places of special interest
(14) 'Fixed Payment Notice' is the Notice provided for in Part III of these Bye-Law for the purposes of section 206 of the Local Government Act 2001.
(15) ‘Footpath' means a road over which there is a public right of way for pedestrians only, not being a footway, as defined in Section 2 (1) of the Roads Act 1993.
(16) ‘Footway’ means that portion of any road associated with a roadway which is provided primarily for use by pedestrians, as defined in Section 2(1) of the Roads Act 1993.
(17) ‘Functional Area’ means the administrative area of South Dublin County Council.
(18) ‘Glass Packaging’ means empty glass containers (bottles and jars) which are discarded after their contents have been used or consumed.
(19) ‘Hazardous Waste’ means waste which displays one or more of the hazardous properties listed in the Second Schedule of the European Communities (Waste Directive) Regulations 2011, S.I. No. 126 of 2011.
(20) ‘Holder’ means in relation to a household, the owner/occupier, agent for the owner, the person in charge or any other person having, for the time being, possession or control of the Household Waste.
(21) ‘Household’ means –
a) any dwelling/house, flat, apartment or part of a building used for occupation as a residence.
b) in the case of any rented dwelling including apartments, the occupying tenant, the landlord/owner or agent of the rented dwelling.
c) in the case of accommodation used for residential purposes (guesthouse, boarding school, religious institution or hostel), the occupier.
(22) ‘Household Waste’ means waste produced from within the curtilage of a building or self-contained part of a building used for the purposes of living accommodation and includes dry recyclable waste, organic waste and residual waste generated by a household but excludes hazardous waste, bulky waste, fats, oils, grease, waste electrical and electronic equipment and glass packaging.
(23) ‘Management Company’ as defined in the Multi Unit Development Act 20ll means a company established for the purposes of becoming the owner of the common areas of a multi-unit development and the management, maintenance and repair of such areas and which is a company registered under the Companies Acts. (e.g. Apartment building/Gated community.
(24) ‘Microchip’ includes any electronic device capable of being implanted in or attached in any way to an Appropriate Waste Container and which is used for the purposes of recording, sorting, calculating, migrating, and/or using data of a business or technical nature concerning use of the Appropriate Waste Container in which it is implanted or to which it is attached
(25) ‘Notification’ for the purpose of these Bye-Laws means any document, poster, notice, bill, sticker, device or representation printed, published or displayed by an authorised waste collector for the purpose of advertising or announcing days and times for the collection of waste from household.
(26) ‘Organic Waste also known as bio-waste or putrescible waste, means any waste that is capable of undergoing aerobic or anaerobic decomposition through a biological treatment process, such as source segregated kitchen waste (food, vegetable and fruit waste) and light garden waste (grass, leaves and hedge clippings).
(27) ‘Person‘ shall, unless the contrary intention appears, be construed as a body corporate (whether a corporation aggregate or a corporation sole) and an unincorporated body of persons as well as an individual.
(28) ‘Prescribed Place’ means
a) A convenient place immediately outside the entrance to a household on the outer edge of the footpath but not such as to cause an obstruction or safety risk to users of the roadway, footpath or footway.
b) In the absence of a footpath, a convenient place on the roadway immediately in front of any premises but not in a position so as to cause an obstruction or safety risk to users of such roadway; or in areas of restricted vehicular access, a place at the entrance to the roadway or a location as agreed with or approved by an authorised waste collector but not in a position so as to cause an obstruction or safety risk to users of the roadway.
c) ‘Public Place’ is any place to which the public has access whether as a right or by permission and subject to a fee or free of charge.
(29) Residual Waste’ means that fraction of household waste remaining after the dry recyclable and organic waste fraction has been removed. ‘Residual waste’ does not include hazardous waste, bulky waste, liquid waste e.g. fats, oils, grease, electrical waste, electronic waste and glass.
(30) ‘Roadway’ means that portion of road which is provided primarily for the use of vehicles, as defined in Section 2(1) of the Roads Act 1993.
(31) ‘Separation at source’ means the sorting of household waste into a dry recyclable fraction, organic fraction and a residual fraction, as defined in Schedule 1 hereto, and the expression ‘separate at source’ shall be construed accordingly.
(32) ‘The Council’ means South Dublin County Council.
(33) ‘Waste’ shall have the meaning as defined by the Waste Management Act 1996 as amended.
(34) Waste Collection Permit has the meaning assigned to it under the Waste Management Act/Regulations.
4. AREA OF APPLICATION
These Bye-Laws apply to the functional area of South Dublin County Council.
PART II
5. GENERAL OBLIGATIONS
(1) Burning of waste is prohibited under the Waste Management (Prohibition of Waste Disposal by Burning) Regulations 2009, S.I. No. 286/2009, the Air Pollution Act 1987 and the Air Quality Management Plan for the Greater Dublin Area.
(2) The holder of household waste may engage with another household for collection of household waste by an authorised waste collector.
(3) Where two or more households agree to share a waste collection service, all parties to such agreement must provide a written declaration to this effect to the Local Authority, if requested.
(4) Where a householder disposes of household waste at an approved waste facility, the householder is required to retain and produce on request by the Local Authority, receipts in respect of such authorised disposal of waste.
(5) Any waste management measures undertaken by the holder of household waste who is not availing of a regular waste collection service shall
(a) Ensure that segregation at source of the household waste takes place in accordance with Section 7 of these Bye-Laws
(b) Ensure that the dry recyclable fraction is taken to an approved waste recycling centre or treatment facility.
(c) Ensure that organic waste is composted within the curtilage of the household or taken to an approved biological recycling centre or treatment facility; and
(d) Provide for the disposal of residual waste to an approved waste treatment or disposal facility.
(6) For apartments or combined living/working spaces, the management company must:
(a) Provide appropriate waste containers of adequate size and number for the proper segregation, storage and collection of dry recyclable household waste, organic waste and residual household waste both within the individual apartments and in the designated appropriate waste container storage area.
(b) Ensure that the appropriate waste containers, in the designated appropriate waste container storage area should not be accessible to non-residents of the apartments.
(c) Provide adequate information in relation to requirements for tenants to segregate waste.
(7) A holder shall be responsible for the security of an Appropriate Waste Container at all times including any authorisation label or microchip affixed thereto.
6. STORAGE OF WASTE
(1) Appropriate Waste Containers shall be stored in a place within the curtilage of the premises at all times other than during the times of presentation as set out in these bye-laws. The storing of an Appropriate Waste Container on a footway, footpath, road or roadway is prohibited.
(2) A holder shall not cause or permit the storage of household waste to cause Environmental Pollution.
(3) A holder shall maintain all Appropriate Waste Containers in such condition and state of repair so that the household waste placed therein shall not cause environmental pollution.
(4) A holder of household waste shall not place or put in an Appropriate Waste Container any liquid matter, hot ashes or other waste matter likely to damage the Appropriate Waste Container or cause injury to any person.
(5) Where an Appropriate Waste Container provided by an authorised waste collector is lost, stolen, or vandalized, the holder shall forthwith arrange with the said collector to have the Appropriate Waste Container replaced.
7. SEPARATION OF WASTE AT SOURCE
(1) A holder shall separate at source such dry-recyclable, organic, and residual waste as defined in Schedule 1 hereto. The dry recyclable, organic and residual waste fractions shall be stored separately by the holder in Appropriate Waste Containers.
(2) Where separate Appropriate Waste Containers are provided by an Authorized Waste Collector for the collection of glass packaging, the holder must place the glass packaging in that container in accordance with the requirements stipulated by the Authorised Waste Collector or alternatively deposit at an Approved Bring Centre.
8. PRESENTATION OF WASTE FOR COLLECTION
(1) The holder of household waste shall not present such waste for collection to any person other than an Authorised Waste Collector.
(2) Authorised Waste Collectors must be the holder of a current Waste Collection Permi and must be fully compliant with the terms of that Waste Collection Permit.
(3) An authorised waste collector who is providing a household with a door to door collection service for residual waste shall make available to that household a separate door to door collection service for dry recyclable and organic waste as per the First Schedule.
(4) The holder of household waste shall ensure that the waste is wholly contained within the Appropriate Waste Container. Household waste presented on top or to the side of the container shall be deemed to be a breach of these bye-laws by the holder of the waste.
(5) A holder shall not present household waste for collection before 9pm the evening prior to the designated collection day and must be removed from the prescribed place no later than l2 midnight on the designated collection date.
(6) A holder shall present household waste for collection in an Appropriate Waste Container only and shall deposit no other waste for collection other than that fraction of household waste applicable to that Appropriate Waste Container.
(7) The holder of any household waste presented for collection shall promptly remove and collect all matter which may spill or escape from the Appropriate Waste Container so presented, howsoever such matter shall spill or escape.
(8) A holder shall present household waste for collection at a prescribed place and shall not cause or permit waste to be presented for collection in a manner that would cause environmental pollution.
(9) An Authorized Waste Collector shall return emptied Appropriate Waste Containers to the boundary of the premises or to the designated collection point from which it was collected.
PART III
9. PENALTIES/OFFENCES
(1) Authorised person may issue a verbal or written request to any person or holder who appears to be contravening or to have contravened a provision of these Bye-Laws to refrain from such contravention.
(2) If any person or holder contravenes any provision of these Bye-laws, the Council may, pursuant to Section 206(1) of the Local Government Act 2001, serve on such person a Fixed Payment Notice, specifying a fixed payment, as an alternative to a prosecution for such contravention. The amount of the fixed payment is €75 and the said fixed payment must be paid within 21 days of the date of service of such Fixed Payment Notice if such person is to avoid a prosecution.
(3) Where a contravention of a provision of these Bye-Laws is continued after conviction, the person or holder causing the contravention shall be guilty of a further offence and shall be liable on summary conviction to a fine not exceeding €126.97 per day under section 205(2) of the Local Government Act 2001.
(4) A person or holder who contravenes any provision of these Bye-laws shall be guilty of an offence under section 205 of the Local Government Act 2001 and shall be liable on summary conviction to a fine not exceeding €1,905.
(5) If an authorised person has reasonable grounds for believing that a person is committing a contravention or has committed a contravention of a provision of these Bye-Laws the authorised person may serve on the person a fixed payment notice as prescribed by the Local Government Act, 1994 (Bye-Laws) Regulations, 1995 [S.I. NO. 360 of 1995] or any Regulation amending or extending the same’
(6) A person who obstructs or impedes or refuses to comply with a request of an authorised person acting in the exercise of the functions conferred on an authorised person by Part 19 of the Local Government Act 2001, shall be guilty of an offence under section 204(3)(a) of the said Act.
(7) The authorised person may demand the name and address of a person who obstructs or impedes or refuses to comply with a request of an authorised person acting in the exercise of the functions conferred on an authorised person by Part 19 of the Local Government Act 2001 and if that demand is refused or the person give a name or address which is false or misleading, that person shall be guilty of an offence under section 204(3)(b) of the said Act.
(8) Any notice required to be served by or under these Bye-Laws shall be served in one of the following ways
· By delivering it to the holder by hand
· By leaving it at the address at which the holder ordinarily resides,
· By sending it by post in a prepaid registered letter addressed to the holder at the address at which the holder ordinarily resides
· Where an alternative postal address is furnished by the said holder, then by leaving it at, or sending it by prepaid registered post to the said holder at that alternative address.
10. COMMENCEMENT
These Bye-Laws shall commence on the xxxxxxxxxxxxxxx
Dated this day of 2012
PRESENT when the Common Seal
of South Dublin County Council was affixed hereto:
___________________________________
CATHAOIRLEACH/NOMINATED MEMBER
________________________________________
COUNTY MANAGER/DIRECTOR OF SERVICES
SCHEDULE 1
SEPARATE WASTE COLLECTION SYSTEM – HOUSEHOLD
WHAT GOES WHERE
| Dry Recyclable Waste Container WASH & SQUASH | Organic Waste Container (No plastic bags) | Residual Waste Container |
| Plastic (PETE/HDPE/LDPE/PP) (Unsoiled) | Food Scraps (without packaging) | Fraction of waste remaining after all dry recyclable and organic waste has been removed |
| Plastic Bottles (Milk/Shampoo/Drinks) | Meat, Poultry, Fish (Raw or cooked) | General waste |
| Shellfish and bones | nappies | |
| Egg & Dairy Products | Plastic bags | |
| Plastic Containers | Table Scraps | Soiled containers |
| Plastic Wrapping | Fruit & Vegetables | |
| Paper & Cardboard (Unsoiled) | Bread, Dough, Pasta,Grains/Cereals | |
| Out of date foodstuffs without packaging | ||
| Paper and cardboard packaging | Coffee Grounds/Filter, Tea Bags | |
| Newspapers | Food Soiled Kitchen Paper | |
| Magazines | Kitchen Paper Towels | |
| Telephone Directories | Paper Napkins/tissue | |
| Paper plates/cups | ||
| Junk Mail/Catalogues | Wet Cardboard | |
| Tetra Packs (milk/juice containers) | Compostible bags ( Bio-Degradable bags are not allowed) | |
| Cereal Boxes/Biscuit Boxes | Light Garden Waste | |
| Plants Flowers, Hedge Clippings, Grass Clippings | ||
| Metal (unsoiled) | ||
| Aluminium cans (Drinks Cans) | ||
| Tin ( Biscuits/Sweets) | ||
| Steel Cans (Food Tins) |
SCHEDULE II
HOUSEHOLD WASTE EXCLUDED FROM COLLECTION
Glass other than glass packaging
Hazardous waste
Batteries, Oils, Anti-freeze, adhesives, medicines, aerosol cans, bleaches, paints, weed killer, fluorescent tubes.
THESE HOUSEHOLD WASTE ITEMS CAN BE RECYCLED AT AN APPROVED WASTE FACILITY.
SOUTH DUBLIN COUNTY COUNCIL
STORAGE, PRESENTATION AND COLLECTION OF WASTE BYE-LAWS 2007
FIXED PAYMENT NOTICE FOR THE PURPOSES OF SECTION 206 OF THE LOCAL GOVERNMENT ACT, 2001 (BYE-LAW NUMBER 10C)
NAME OF LOCAL AUTHORITY: _____________________________________________
To: Name: _____________________________________________
Address: _____________________________________________
_____________________________________________
It is alleged that you have contravened the provisions of bye-laws made under Part 19 of the Local Government Act, 2001 entitled ……………………………………………………………………..
by ……………………………………………………………………………………………………………..
(in general terms specify nature of contravention) at ……………………………………………………
on ………………………………………. . During this period of 21 days beginning on the date of this notice you may pay the sum of €75, accompanied by this notice, at the offices of the local authority named in this notice located at …………………………………….. .
A prosecution in respect of the alleged contravention will not be instituted during the said period and if the sum of €75 is paid during that period, no prosecution will be instituted at any time.
Signed …………………………………………………… Date ………………………………………..
(Authorised Person)
IMPORTANT: Payment will be accepted at the offices of the local authority specified above and must be accompanied by this notice. Payment may be made by post. Cheques etc. should be made payable to – South Dublin County Council.
A receipt will be given.