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European Union (Landfill) Regulations 2020
Jurisdiction: Republic of Ireland
Commencement: 27th August 2020
Amends: Waste Management (Licensing) Regulations 2004
Mini Summary
The Waste Management (Licensing) Regulations 2004 regulations provide for the continued operation of the system of licensing by the Environmental Protection Agency of waste recovery and disposal activities under Part V of the Waste Management Act, 1996 . The licensing regulations ensure high environmental standards and that the licensee deals with long-term environmental liabilities. The license deals with emissions to all environmental media and the environmental management of a facility
Amendment
The aim of these Regulations is to ensure there is a progressive reduction of landfill waste, such as waste that is suitable for recycling or other types of recovery, and to provide measures on the operational and technical requirements on the waste to prevent or reduce the negative effects on the environment.
References to Directive 2008/98/EC on waste (the ‘Waste Framework Directive’) are inserted.
The definition of ‘Landfill Directive’ is changed to mirror the updated definition found in Directive (EU) 2018/850 amending Directive 1999/31/EC on the landfill of waste.
Waste that has been separately collected for re-use and/or recycling cannot be accepted at landfill, except where it is necessary to deliver the best environmental outcome. From 2030 this is extended to all waste which is suitable for recycling (e.g. municipal waste*).
*Municipal waste is mixed waste which is separately collected from households or from other sources where the waste is similar to household waste (e.g. paper, cardboard, glass etc.)
Landfill reduction targets
Duties are placed on the Environmental Protection Agency (EPA) and local authorities to take all necessary measures to ensure that:
- from 2020, the biodegradable municipal waste going to landfill is reduced to below 35% of the total amount by weight of biodegradable municipal waste produced in 1995; and
- by 2035, the amount of municipal waste which is sent to landfill is reduced to 10% or less of the total amount generated by weight.
In order to determine if the above targets have been achieved, the following must be considered when calculating the amount of municipal waste that has been sent to landfill:
- the weight of municipal waste generated and directed to a landfill for each calendar year (i.e. 1st January – 31st December);
- the weight resulting from treatment operations prior to recycling or other recovery of municipal waste (e.g. sorting or mechanical biological treatment); and
- the weight of municipal waste entering incineration disposal operations.
Please note: the weight of waste produced during recycling or other recovery operations which is sent to landfill is not to be included in the weight of municipal waste reported as landfilled.
The EPA and local authorities must establish an effective system of quality control and traceability of the municipal waste which is sent to landfill to ensure these Regulations are met.
Where municipal waste is shipped to another European Union (EU) country or exported from the EU for the purpose of landfilling, the volume of waste reported and validated is to be counted towards the amount of landfilled waste.
Reporting
The EPA is required to report the data for each calendar year to the European Commission (EC). This is to be reported electronically within 18 months from the end of the reporting year. All data must be reported until 1st January 2025. the ‘Waste Framework Directive’) are inserted.
The definition of ‘Landfill Directive’ is changed to mirror the updated definition found in Directive (EU) 2018/850 amending Directive 1999/31/EC on the landfill of waste.
Waste that has been separately collected for re-use and/or recycling cannot be accepted at landfill, except where it is necessary to deliver the best environmental outcome. From 2030 this is extended to all waste which is suitable for recycling (e.g. municipal waste*).
*Municipal waste is mixed waste which is separately collected from households or from other sources where the waste is similar to household waste (e.g. paper, cardboard, glass etc.)
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