In the Republic of Ireland, a current landfill levy of €85 per tonne must be paid by those who perform activities involving the disposal of certain waste types via landfill, with some exemptions.

 

The landfill levy was introduced in order to discourage the disposal of waste at a landfill and generate revenue can be used for a range of environmentally beneficial purposes.

 

Local authorities must publish an annual report on levy-related activities every year.

 

To encourage sustainable reuse of uncontaminated greenfield excavated material a Regulatory Position Statement – Regulation of Greenfield Excavated Material has been put in place. This allows excavated material that is put to specific uses to not be subject to waste regulatory controls.

 

New changes

 

The Irish Government is aiming to remove all exemptions to the in phases, commencing on 1st September 2024. Transitional provisions apply to mitigate costs, enabling the industry to adapt to the change.

 

The first exemption removed is for construction and demolition waste, which was removed from 1st September 2024. This has been done as construction and demolition waste is considered to the be the fastest growing waste stream in Ireland, with very little being recycled or reused.

 

Disposal at landfills will now incur a reduced levy rate of €10 per tonne, down from the full €85 per tonne which would normally have to be paid. Construction waste for recovery will also be levied at €10 per tonne.

 

Mixed loads

 

Where waste accepted for disposal consists of both waste material which is subject to the landfill levy and material which is exempt from the levy, the landfill levy will be payable for the entire amount to be disposed of, unless the separate waste can be clearly identified and quantified. 

Lithium batteries are a common feature in our modern world, powering everything from mobile phones to vehicles.

 

Given the potential safety and environmental risks posed by batteries, we’re regularly asked about the key requirements for safe transportation, storage and disposal.

 

In this article we will look at the key requirements to minimise risk and ensure compliance.

 

Transportation

 

Lithium ion batteries with a nominal capacity exceeding 100 Wh and lithium metal batteries containing over 2g of lithium are classed as dangerous goods (Class 9), as such there are strict requirements for transporting them via road, air, sea and rail.

 

Simplified requirements apply for other lithium batteries that do not reach these thresholds.

 

The rules for transporting dangerous goods are complex, with duties placed on those who send, transport, and receive dangerous goods. Requirements include strict special instructions and packaging instructions, which must be applied when transporting batteries. 

 

The appointment of a Dangerous Goods Safety Advisor (DGSA) is required for any activities involving the transportation of dangerous goods.

 

General requirements for shipping and transporting batteries include that they must:

  • be labelled correctly, using the relevant battery label based on the UN classification, and where required, a class 9 dangerous goods label;
  • only be transported by those licensed if classed as dangerous goods; and
  • be carried in accordance with legal requirements, adhering to special provisions and packaging instructions.

 

The UN classifications for the transport of lithium batteries are:

  • Lithium ion batteries
    • UN 3480 – batteries shipped by themselves
    • UN 3481 – batteries shipped in equipment, or packed with equipment
  • Lithium metal batteries
    • UN 3090 – batteries shipped by themselves
    • UN 3091 – batteries shipped in equipment, or packed with equipment

Countries have implemented their own national laws covering the carriage of dangerous goods, with rules varying based on the mode of transport. However, the overall requirements are similar, based on international codes, such as the Agreement concerning the International Carriage of Dangerous Goods by Road (ADR) and the International Civil Aviation Organization (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air.

Relevant legislation for the transport of dangerous goods by road includes:

Strict rules apply for carrying batteries on aircraft, especially passenger-carrying aircraft, International Air Transport Association (IATA) guidance can be found here.

 

Storage

 

General health and safety and environmental requirements apply for storing batteries.

It’s recommended to store lithium batteries:

  • in limited quantities where possible;
  • in a location where they are away from other hazards and unlikely to be impacted by moving objects and people;
  • out of direct sunlight in a dry environment, at a temperature between 20°C to 25°C; and
  • with a charge between 40-60% (fully charged or depleted batteries are more unstable).

Depending on the type, capacity and volume of lithium batteries stored you may also need to consider:

  • specific signage and additional training for employees and others; and
  • procedures to be taken in the event of an emergency, including liaison with emergency services.

 

Disposal

 

All end-of-life batteries are classed as hazardous waste in the UK and EU, as such they should never be disposed of in general waste.

Portable batteries and batteries which cannot be removed from waste electrical and electronic equipment (WEEE) should be disposed of:

  • through a licenced waste carrier;
  • directly at a hazardous waste recycling centre; or
  • via their distributor where they offer a take back scheme.

When storing and disposing of waste batteries, they should be protected from damage and insulated to prevent short-circuits.

Jurisdiction: England & Wales

Commencement: 11th August 2023

Amends: Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006
Mini Summary

The Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006 replace the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2000.

They set out the application process for Orders under Part 1 of the Transport and Works Act 1992 relating to railways, tramways, and inland waterways.

Duties
Section 1 of the Transport and Works Act 1992 gives powers to the Secretary of State to make an order relating to the construction or operation of a railway, tramway, a trolley vehicle system, or a system using a model of guided transport.

Section 3 of the Transport and Works Act 1992 gives powers to the Secretary of State to make an order relating to the construction or operation of an inland waterway, or the carrying out of works which interfere with rights of navigation.

These Rules set out the application procedure for Section 1 and Section 3 orders. Applications are made by the promoters of schemes (either public authorities or private companies) to the relevant Secretary of State or to the National Assembly for Wales in respect of projects wholly in Wales.

The applicant must send to the relevant Secretary of State a draft of the proposed order and a draft of the explanatory memorandum. Where necessary, environmental information must be provided.

The application will be screened to decide whether an environmental impact assessment is necessary and what is should cover.

The applicant may seek an opinion from the relevant Secretary of State (‘a scoping opinion’) on the information to be included in the environmental statement.

All application drafts should be accompanied by the appropriate documents and fee.

The applicant must publish notice of the application to allow objections and representations to be made. A consultation may also be held on the application.

The relevant Secretary of State may make or refuse an order.

Amendment

From 11th August 2023, applications made under the Transport and Works Act 1992 may be submitted and progressed electronically, this includes public local inquiries. This has been done in order to transmit information quickly and to improve accessibility.

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Jurisdiction: UK

Commencement: 31st December 2020

Amends: Renewable Transport Fuel Obligations Order 2007
Mini Summary
The Renewable Transport Fuel Obligations Order 2007 requires transport fuel suppliers, who supply relevant hydrocarbon oil in the United Kingdom, to produce evidence that a certain amount of renewable transport fuel has been supplied.

 
Amendment
The calculation used to determine the amount that a supplier must pay to discharge any shortfall in their renewable transport fuel obligation has been changed, with the effect of increasing the cost of discharging shortfalls. The multiplier applied to any shortfall in a suppliers main renewable transport fuel obligation is increased from 30 pence to 50 pence for obligation periods beginning on or after 1st January 2021.

 

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